Agreement

LINKING AGREEMENT
BETWEEN
‘THE CITY OF GLENDALE, ARIZONA
AND
SOUTHWEST AVIAN SOLUTIONS, LLC

This Linking Agreement (“Agreement”) is entered into as of this \ day of 5 20 , between
the City of Glendale, an Arizona municipal corporation (“City”), and SOUTHWEST AVIAN
SOLUTIONS, LLC, an Arizona limited lability company, authorized to do business in Arizona
(“Contractor”), collectively, the “Parties.”

RECITALS

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A. On November 1, 2023, a member of the (S.A.V.E Cooperative Purchasing Agteement,), the City of
Phoenix, entered into a contract with Contractor to purchase the goods and services described in
IFB-24-0017/City clerk contract No. 159442 INTERGRATED PEST CONTROL, WILDLIFE
RELOCATION, AND BIRD/BAT MANAGEMENT (“Cooperative Agreement”), which is
attached hereto as Exhibit A. The Cooperative Agreement allows 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
setvices by participating with other governmental units in cooperative purchasing agreements when
the best interests of the City would be served.

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C. Section 2-149 also provides tlat the Materials Manager may enter’ 4nto 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 wishes to contract with Contractor for supplies or services identical to those being provided
to other units of government under the Cooperative Agreement. Contractor consents to. the City’s
cooperative use of the terms and conditions of the Cooperative Agreement, and agrees to provide
the supplies and services set forth in the Statement of Work appended hereto as Exhibit B.

AGREEMENT

NOW, THEREFORE, in consideration of the foregoing recitals, which ate incorporated by reference, and
the covenants and promises contained in this Linking Agreement, the parties agree as follows:

1. Term of Agreement.

A. As provided in the Cooperative Agreement, the contract term commences on November 1,
2023 and terminates on October 31, 2028. There is no renewal or extension period provided.
This Agreement therefore commences on the Effective Date and expires, unless terminated
earlier in accordance with the Cooperative Agreement, and terminates on October 31, 2028.
Thete are no renewals or extensions available under this Linking Agreement.

2. Scope of Work: Terms, Conditions, and Specifications.

A. Contractor shall provide City the supplies and/or services identified in the Scope of Work

10/05/2023

10.

11.

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.

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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 five hundred thousand dollars dollars ($500,000.00) for the entire term of
the Agreement. ;

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
tequitements as stated within this section. Contractor, and on behalf of ary subcontractors, wattants
compliance with this section. /

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Insurance Certificate. A certificate of insurance applying to this Agreement must be Provided to to the
City prior to the Effective Date. x > -

E-verify. Contractor complies with A.R.S. § 23- 214 and agrees to comply with the requirements of
A.RS. § 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.

Uyghur Forced Labor Prevention Act (UFLPA). Contractor certifies that it does not currently, and

during the term of this Agreement, will not use:
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

c. any contractors, subcontractors or suppliers that use the forced labor or any goods
or services produced by the forced labor of ethnic Uyghurs in the People’s Republic
of China.

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’
respective authorized representatives at the address listed below:
7 10/05/2023

City of Glendale

c/o Linda Musser

6210 W. Myrtle Ave. Ste, 111
Glendale, AZ 85301

and

Southwest Avian Solutions, LLC
c/o Barbara Kimmich, Co-Owner
20118 N. 67" Ave #300-122
Glendale, AZ 85308

P
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 Southwest Avian Solutions,
municipal corporation an Arizona limited habilty ¢ a sny
By: By: EM WN
Kevin R. Phelps Name: Barbara Kimrhich
City Manager ~ Title: Co-Owner*
ATTEST:
Julie K. Bower (SEAL)
City Clerk

APPROVED AS TO FORM:

Michael D. Bailey
City Attorney

10/05/2023

LINKING AGREEMENT
BETWEEN
THE CITY OF GLENDALE, ARIZONA
AND
SOUTHWEST AVIAN SOLUTIONS, LLC

EXHIBIT A \

IFB-24-0017 INTERGRATED PEST CONTROL, WILDLIFE RELOCATION, AND
BIRD/BAT MANAGEMENT

we

LINKING AGREEMENT

BETWEEN
THE CITY OF GLENDALE, ARIZONA
AND
SOUTHWEST AVIAN SOLUTIONS, LLC
EXHIBIT B \
Scope of Work

In accordance with the terms and conditions of this Agreemént and the City of Phoenix Contract No.
159442, the City is retaining Southwest Avian Solutions, LLC to provide all labor, materials, services, skills,
supervision, and necessary tools and equipment to provide pest management, wildlife relocation and '
bird/bat management services for City of Glendale facilities on an as-needed basis.

LINKING AGREEMENT
BETWEEN
THE CITY OF GLENDALE, ARIZONA
AND
SOUTHWEST AVIAN SOLUTIONS, LLC

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

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The total amount of compensation paid to Contractor for full completion of all work required by the
Statement of Work shall not exceed $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 thé City of Phoenix
Cooperative Contract No. 159442 for integrated pest management, wildlife relocation, and bitd/bat
management setvices. : ‘