Agreement

City of Glendale — Regular Meeting (2024-08-13)

Extracted text (via pymupdf) 17675 characters

1
10/05/2023
LINKING AGREEMENT
BETWEEN
THE CITY OF GLENDALE, ARIZONA
AND
PROFORCE MARKETING, INC., DBA PROFORCE LAW ENFORCMENT
This Linking Agreement
this
between
the City of Glendale
, and Proforce Marketing, Inc., dba
Proforce Law
Enforcement,
an
Arizona
corporation,
authorized
to
do
business
in
Arizona Contractor , collectively
.
RECITALS
A.
On April 1, 2020, a member of the State of Arizona purchasing cooperative, entered into a contract
with Contractor to purchase the goods and services described in Contract Number CTR049168
, 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
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 wishes to contract with Contractor for supplies or services identical to those being provided
to other units of government under the Cooperative Agreement.
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 are 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, purchases can be made by governmental entities
from the date of award, which was April 1, 2020, until the date the contract terminates on
March 31, 2025, unless the term is extended by mutual agreement of the parties to the
Cooperative Agreement. The Cooperative Agreement, however, may not be extended
beyond March 31, 2025. The initial period of this Agreement is the period from the Effective
Date of this Agreement until March 31, 2025.
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.

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10/05/2023

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 seventy-six thousand dollars ($76,000) annually or seventy-six thousand
dollars ($76,000) 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

b.
Republic of China; and
c.
any contractors, subcontractors or suppliers that use the forced labor or any goods
or services produced by
of China.
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.

11.
Notices
respective authorized representatives at the address listed below:

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10/05/2023
City of Glendale
c/o Police Department, Police Chief
6835 N. 58th Drive
Glendale, Arizona 85301
and
Proforce Marketing, Inc., dba Proforce Law Enforcement
c/o Kaylee Mitchell
2625 Stearman Road
Prescott, Arizona 86301
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year set
forth above.
Contractor
City of Glendale, an Arizona
Proforce Marketing, Inc., dba Proforce Law Enforcement,
municipal corporation
an Arizona corporation
By:
____________________________
By:
____________________________
Kevin R. Phelps
City Manager
Name:

Title:
ATTEST:
___________________________
Julie K. Bower
(SEAL)
City Clerk
APPROVED AS TO FORM:
___________________________
Michael D. Bailey
City Attorney

LINKING AGREEMENT
BETWEEN
THE CITY OF GLENDALE, ARIZONA
AND
PROFORCE MARKETING, INC., DBA PROFORCE LAW ENFORCEMENT

EXHIBIT A
STATE OF ARIZONA CONTRACT NO. CTR049168

Contract Amendment
Arizona Department of
Administration State
Procurement Office 1400 W
Washington St Suite 3100
Phoenix, Arizona 85007
Contract No.: CTR049168
Amendment No: 09
ALL OTHER REQUIREMENTS, SPECIFICATIONS, TERMS AND CONDITIONS REMAIN UNCHANGED
ACKNOWLEDGEMENT AND AUTHORIZATION
This change order shall be fully executed upon the approval electronically in Arizona Procurement Portal by an
authorized representative of the Contractor and applied to the contract in APP by the Procurement Officer or delegate.
Available online at
App.az.gov
Page | 1
Firearms (weapons Lethal, Less-Lethal, Accessories, Consumables)
1.
In accordance with Terms and Conditions Section 5.1, Amendments, this Contract will have an extension
to March 31st 2025. Pricing for 2024 is available in APP via a separate pricing spreadsheet.
ALL OTHER REQUIREMENTS, SPECIFICATIONS, TERMS AND CONDITIONS REMAIN UNCHANGED

LINKING AGREEMENT
BETWEEN
THE CITY OF GLENDALE, ARIZONA
AND
PROFORCE MARKETING, INC., DBA PROFORCE LAW ENFORCEMENT

EXHIBIT B
Scope of Work

The Glendale Police Department estimates the purchase of approximately 85 weapons through the State
of Arizona Cooperative Purchasing Agreement, Contract No. CTR049168. The Glendale Police Department
anticipates purchasing additional items from Proforce including sights, holsters, and cleaning supplies.

LINKING AGREEMENT
BETWEEN
THE CITY OF GLENDALE, ARIZONA
AND
PROFORCE MARKETING, INC., DBA PROFORCE LAW ENFORCEMENT

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
Statement of Work must not exceed $76,000 annually or $76,000 for the entire term of the Agreement.

DETAILED PROJECT COMPENSATION

City shall pay Contractor compesnsation in accordance with the rates as set forth in the State of Arizona
Cooperative Purchasing Agreement, Contract No. CTR049168. See attached quotes #690506 and
#696643 for further details.

QUOTE#
O R D E R
SHIP DATE
Q U O T E
PAGE
SOLD
SHIP
TO
TO
JOB #
ORD. DATE CUST.#
LOC. SALESMAN
SHIP VIA
FRT.
QTY.
UOM
ORDER
ITEM NO./DESC.
UNIT PRICE
DISC.
NET PRICE
COMMENT
TERMS
690506 1
A.S.A.P.
CITY OF GLENDALE GLENDALE POLICE DEPARTMENT
FINANCE - POLICE ADMIN 11550 W GLENDALE AVE
6835 N 57TH DRIVE
GLENDALE AZ 85301 GLENDALE AZ 85307
N/A 07/18/24 037204 A MIKE YARBROUGH FX G-FOB ORIGIN
50 NON-STOCK 817.32 EA 40,866.00
PA475S302MOS6H2 GLK 47 W/509T .00
& SUPP SIGHTS / NTF-NTR
1 XFET .00 EA .00
THIS ITEM FET OUT .00
IMPORTANT NOTICES:
This quotation is based on the issuance of a department
purchase order and F.E.T. form.
ATF or the manufacturer may require additional
forms. Sample forms may be found at:
http://www.ProForceonline.com/forms.html
Standard Terms are Net 30 days. If department policy does
not allow for partial shipments and payments, separate
purchase orders for each item will be necessary.
Standard manufacturer's warranty applies to all department
This quote is valid for 45 days, pending credit approval,
and is subject to manufacturer's
availability and price change. Please call (800) 367-5855
if this bid is still pending on the expiration date for
updated pricing.
ProForce Law Enforcement agrees to defend, indemnify and

QUOTE#
O R D E R
SHIP DATE
Q U O T E
PAGE
SOLD
SHIP
TO
TO
JOB #
ORD. DATE CUST.#
LOC. SALESMAN
SHIP VIA
FRT.
QTY.
UOM
ORDER
ITEM NO./DESC.
UNIT PRICE
DISC.
NET PRICE
COMMENT
TERMS
690506 2
A.S.A.P.
CITY OF GLENDALE GLENDALE POLICE DEPARTMENT
FINANCE - POLICE ADMIN 11550 W GLENDALE AVE
6835 N 57TH DRIVE
GLENDALE AZ 85301 GLENDALE AZ 85307
N/A 07/18/24 037204 A MIKE YARBROUGH FX G-FOB ORIGIN
hold harmless its customers from claims for personal
injury or property damages, to the extent arising from the
negligent acts or omissions of ProForce Law Enforcement or
its employees, agents or independent contractors.
ORDERING INSTRUCTIONS: Please reply to your sales represen-
tative in writing to process this order or send an email to
ryan.schreiber@proforceonline.com. For orders over $5,000, a
PO or signed quote is required to process the order.
Returned items are subject to 20% restocking fee. All sales
are final on non-stocked/special order items
IMPORTANT: To order from this quotation, please sign below.
Printed Name: ____________________________________________
-
Date: ___________________________ P.O.:___________________
-
Signature: _______________________________________________
SALES AMOUNT 40,866.00
FOR CLIFFORD THRASHER
BY RYAN 8.350% SALES TAX 3,412.31
SUB TOTAL 44,278.31
DUE NET 30 DAYS

QUOTE#
O R D E R
SHIP DATE
Q U O T E
PAGE
SOLD
SHIP
TO
TO
JOB #
ORD. DATE CUST.#
LOC. SALESMAN
SHIP VIA
FRT.
QTY.
UOM
ORDER
ITEM NO./DESC.
UNIT PRICE
DISC.
NET PRICE
COMMENT
TERMS
693643 1
A.S.A.P.
CITY OF GLENDALE GLENDALE POLICE DEPARTMENT
FINANCE - POLICE ADMIN 11550 W GLENDALE AVE
6835 N 57TH DRIVE
GLENDALE AZ 85301 GLENDALE AZ 85307
N/A 06/26/24 037204 A MIKE YARBROUGH F-2D FOB ORIGIN
30 NON-STOCK 817.32 EA 24,519.60
PA475S302MOS6H2 GLK 47 W/509T .00
& SUPP SIGHTS NTF-NTR
65 TRADES 280.00- EA 18,200.00CR
CREDIT FOR TRADES-IF NOT SENT .00
AS SPECIFIED, MAY BE REDUCED
QTY 65 GLOCK 21 45 ACP GEN 3 PISTOLS, NIGHT SIGHTS 3 MAGS
15 6390RDS-832-131 117.50 EA 1,762.50
SFL 6390 ALS DTY HLST L-I RH .00
GLK 17/22 W/LGT STX TAC
30 22693 25.15 EA 754.50
BIA 7922 DBL MAG PCH PLN BLK .00
GLK,BTA,SIG,S&W,SPG,RUG,HK,BRN
20 6390-8325-131 104.07 EA 2,081.40
SFL 6390 ALS HLST BLK STX RH .00
GEN 5 GLK 17/22 W/LGT X300
1 XFET .00 EA .00
THIS ITEM FET OUT .00

QUOTE#
O R D E R
SHIP DATE
Q U O T E
PAGE
SOLD
SHIP
TO
TO
JOB #
ORD. DATE CUST.#
LOC. SALESMAN
SHIP VIA
FRT.
QTY.
UOM
ORDER
ITEM NO./DESC.
UNIT PRICE
DISC.
NET PRICE
COMMENT
TERMS
693643 2
A.S.A.P.
CITY OF GLENDALE GLENDALE POLICE DEPARTMENT
FINANCE - POLICE ADMIN 11550 W GLENDALE AVE
6835 N 57TH DRIVE
GLENDALE AZ 85301 GLENDALE AZ 85307
N/A 06/26/24 037204 A MIKE YARBROUGH F-2D FOB ORIGIN
35 PA475S702MOS 481.00 EA 16,835.00
GLK LE 47 9MM PST GNS 17RD MOS .00
FSS 3 MAGS
IMPORTANT NOTICES:
This quotation is based on the issuance of a department
purchase order and F.E.T. form.
ATF or the manufacturer may require additional
forms. Sample forms may be found at:
http://www.ProForceonline.com/forms.html
Standard Terms are Net 30 days. If department policy does
not allow for partial shipments and payments, separate
purchase orders for each item will be necessary.
Standard manufacturer's warranty applies to all department
This quote is valid for 45 days, pending credit approval,
and is subject to manufacturer's
availability and price change. Please call (800) 367-5855
if this bid is still pending on the expiration date for
updated pricing.
ProForce Law Enforcement agrees to defend, indemnify and
hold harmless its customers from claims for personal
injury or property damages, to the extent arising from the
negligent acts or omissions of ProForce Law Enforcement or

QUOTE#
O R D E R
SHIP DATE
Q U O T E
PAGE
SOLD
SHIP
TO
TO
JOB #
ORD. DATE CUST.#
LOC. SALESMAN
SHIP VIA
FRT.
QTY.
UOM
ORDER
ITEM NO./DESC.
UNIT PRICE
DISC.
NET PRICE
COMMENT
TERMS
693643 3
A.S.A.P.
CITY OF GLENDALE GLENDALE POLICE DEPARTMENT
FINANCE - POLICE ADMIN 11550 W GLENDALE AVE
6835 N 57TH DRIVE
GLENDALE AZ 85301 GLENDALE AZ 85307
N/A 06/26/24 037204 A MIKE YARBROUGH F-2D FOB ORIGIN
its employees, agents or independent contractors.
ORDERING INSTRUCTIONS: Please reply to your sales represen-
tative in writing to process this order or send an email to
ryan.schreiber@proforceonline.com. For orders over $5,000, a
PO or signed quote is required to process the order.
Returned items are subject to 20% restocking fee. All sales
are final on non-stocked/special order items
IMPORTANT: To order from this quotation, please sign below.
Printed Name: ____________________________________________
-
Date: ___________________________ P.O.:___________________
-
Signature: _______________________________________________
SALES AMOUNT 27,753.00
FOR CLIFFORD THRASHER
CONTRACT CTR049168 HANDLING 9.95
BY RYAN 8.350% SALES TAX 2,317.38
SUB TOTAL 30,080.33
DUE NET 30 DAYS