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1 10/05/2023 LINKING AGREEMENT BETWEEN THE CITY OF GLENDALE, ARIZONA AND EWING IRRIGATION PRODUCTS, INC. FOR IRRIGATION COMPONENTS This Linking Agreement (“Agreement”) is entered into as of this day of , 2024, between the City of Glendale, an Arizona municipal corporation (“City”), and Ewing Irrigation Products, Inc., a Nevada corporation, authorized to do business in Arizona (“Contractor”), collectively, the “Parties.” RECITALS A. On April 27, 2022, the City of Scottsdale, a member of the S.A.V.E Cooperative Purchasing Agreement, entered into a contract with Contractor to purchase the goods and services described in Contract # 22PB016 (“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 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. 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 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 27, 2022, until the date the contract terminates on April 27, 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 April 27, 2027. The initial period of this Agreement is the period from the Effective Date of this Agreement until April 27, 2025. B. The City may extend the term of this Agreement for (2) one-year periods if the Cooperative Agreement is likewise extended and the City gives the Contractor notice that it is exercising its option to extend this Agreement 30 days prior to the anniversary of the Effective Date. 2 10/05/2023 Glendale extensions are not automatic and shall only occur if the City affirmatively exercises its right to extend this 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 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 is estimated to be forty thousand dollars ($40,000) annually or one hundred twenty thousand dollars ($120,000) 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 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. 3 10/05/2023 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. Any notices that must be provided under this Agreement shall be sent to the Parties’ respective authorized representatives at the address listed below: City of Glendale c/o Carol Piontkowski, Contract Monitor 6210 W. Myrtle Ave, Bldg. B Glendale, AZ 85301 and Ewing Irrigation Products, Inc. c/o Cory D. Metler, Director of Government Business 3441 E. Harbour Drive Phoenix, AZ 85034 cmetler@ewingos.com 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 Ewing Irrigation Products, Inc., municipal corporation a Nevada corporation By: ____________________________ By: ____________________________ Kevin R. Phelps Name: Cory D. Metler City Manager Title: Director of Government Business 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 EWING IRRIGATION PRODUCTS, INC. FOR IRRIGATION COMPONENTS EXHIBIT A AWARD LETTER S.A.V.E. COOPERATIVE PURCHASING AGREEMENT # 22PB016 CONTRACT EXTENSION LETTER EXHIBIT A City of Scottsdale Contract Extension Solicitation Number 22PB0168 Title Irrigation Components Contractor Ewing Irrigation & Landscape Date 5/3/24 Description Contract Extension tf2 (Year 3 of 5) Contract Change Effective April 28, 2024 to April 27, 2025 The City of Scottsdale hereby extends Contract 22PB016B, all terms and conditions to remain unchanged. Pricing for this contract term will be updated as referenced on Exhibit A below. Contract terms and conditions require current certificates of insurance to be on file with the City during the contract term. Failure to do so may render this extension void. The required insurance limits are listed in the original contract. Contractor City of Scottsdale Ewing Irrigation & Landscape By:Ll,0 \:::?. )v\,,,.. Signature Cory D Metler Printed Name Director of Government Business Title 5/13/2024 Date Michael Snyder Contract Administrator ' ate Date Eveline Vanda Purchasing Manager 5-16-2024 ITEM # 1 QUANTITY UNIT 30 EA 90 EA 100 EA ITEM # 2 QUANTITY UNIT 30 EA 90 EA 100 EA ITEM # PRICE SHEET NO. EWING IRRIGATION PRODUCTS, INC. DATE: 4.15.2024 MANUFACTURER'S PRICE LIST/RETAIL PRICE SHEET: SAMPLE ITEM UNIT PRICE (WITH % DISCOUNT) UNIT PRICE (MANUFACTURE) DESCRIPTION COMMODITY/PARTS % DISCOUNT OFF LIST PRICE BRAND NAME: RAIN BIRD RAINBIRD: MANUFACTURER'S PRICE LIST/RETAIL PRICE SHEET LESS: 36% BLACK 24V A/C VALVE SOLENOID 50.50 $ 32.12 $ 173.31 $ TOTAL GB BRASS EFB 2" BONNET 127.25 $ 80.93 $ GB BRASS 2" VALVE DIAPHRAGM 94.75 $ 60.26 $ SAMPLE ITEM UNIT PRICE (MANUFACTURE) UNIT PRICE (WITH % DISCOUNT) 825YA 2" RP ASSEMBLY 2,488.28 $ 1,152.07 $ BRAND NAME: FEBCO DESCRIPTION COMMODITY/PARTS % DISCOUNT OFF LIST PRICE FEBCO: MANUFACTURER'S PRICE LIST/RETAIL PRICE SHEET LESS: 53.70% MANUFACTURER'S PRICE LIST/RETAIL PRICE SHEET: PRICE SHEET NO. EWING IRRIGATION PRODUCTS, INC. DATE: 4.15.2024 TOTAL 1,414.46 $ BRAND NAME: HUNTER DESCRIPTION COMMODITY/PARTS % DISCOUNT OFF LIST PRICE 825 2" RELIEF VALVE KIT 402.21 $ 218.80 $ 825 2" CHECK VALVE REPAIR KIT 80.11 $ 43.58 $ IRRIGATION COMPONENTS IFB # 22PB016 UPDATED PRICING 4/15/24 TO REFLECT UPDATED TO MFG PRICE INCREASES EXHIBIT A 3 QUANTITY UNIT 500 EA 60 EA 20 EA ITEM # 4 QUANTITY UNIT 1 EA 10 EA 10 EA ITEM # 5 NETAFIM: MANUFACTURER'S PRICE LIST/RETAIL PRICE SHEET LESS: 57.50% I-40 SS 360 ROTOR 152.13 $ 64.66 $ ICV 201FS 2" VALVE 378.82 $ 161.00 $ MANUFACTURER'S PRICE LIST/RETAIL PRICE SHEET: PRICE SHEET NO. EWING IRRIGATION PRODUCTS, INC. DATE: 4.15.2024 SAMPLE ITEM UNIT PRICE (MANUFACTURE) UNIT PRICE (WITH % DISCOUNT) DESCRIPTION COMMODITY/PARTS % DISCOUNT OFF LIST PRICE RAINBIRD: MANUFACTURER'S PRICE LIST/RETAIL PRICE SHEET LESS: 41% MANUFACTURER'S PRICE LIST/RETAIL PRICE SHEET: PRICE SHEET NO. EWING IRRIGATION PRODUCTS, INC. DATE: 4.15.2024 ICE 101FS 1" VALVE 240.79 $ 102.34 $ TOTAL 328.00 $ BRAND NAME: NETAFIM 3" NETAFIM DIAPHRAGM/STEM 260.67 $ 153.80 $ 3" NETAFIMD REGISTER 406.74 $ 239.98 $ SAMPLE ITEM UNIT PRICE (MANUFACTURE) UNIT PRICE (WITH % DISCOUNT) HYDROMETER 3" GLOBED, FLANGED 5,640.45 $ 3,327.87 $ MANUFACTURER'S PRICE LIST/RETAIL PRICE SHEET: PRICE SHEET NO. EWING IRRIGATION PRODUCTS, INC. DATE: 4.15.2024 TOTAL 3,721.64 $ BRAND NAME: WATTS DESCRIPTION COMMODITY/PARTS % DISCOUNT OFF LIST PRICE WATTS: MANUFACTURER'S PRICE LIST/RETAIL PRICE SHEET LESS: 45% QUANTITY UNIT 80 EA 15 EA 5 EA ITEM # 6 QUANTITY UNIT 300 EA 50 EA 300 EA ITEM # 7 QUANTITY UNIT 40 EA 40 EA 5 EA SAMPLE ITEM UNIT PRICE (MANUFACTURE) UNIT PRICE (WITH % DISCOUNT) RK800M2-RT 1/2"-1" BONNET 79.26 $ 43.12 $ TOTAL 146.08 $ BRAND NAME: SPEARS FBV-4 2" BALL VALVE 137.28 $ 73.86 $ RK800M2-RT 1/2"-1" RBR KIT 53.49 $ 29.10 $ SAMPLE ITEM UNIT PRICE (MANUFACTURE) UNIT PRICE (WITH % DISCOUNT) 1" PVC 90 STREET ELL TT SCH 40 16.79 $ 2.52 $ DESCRIPTION COMMODITY/PARTS % DISCOUNT OFF LIST PRICE SPEARS: MANUFACTURER'S PRICE LIST/RETAIL PRICE SHEET LESS: 85% MANUFACTURER'S PRICE LIST/RETAIL PRICE SHEET: PRICE SHEET NO. EWING IRRIGATION PRODUCTS, INC. DATE: 4.15.2024 TOTAL 5.92 $ BRAND NAME: CRESTLINE DESCRIPTION COMMODITY/PARTS % DISCOUNT OFF LIST PRICE CRESTLINE: MANUFACTURER'S PRICE LIST/RETAIL PRICE SHEET LESS: 2"X3" PVC SCH 80 NIPPLE TBE 11.46 $ 2.87 $ 1" PVC COUPLING SS NESTING 3.54 $ 0.53 $ 1" PVC CL 200 BE PIPE 20' LENGTH $104.48/100' $31.25/100' 2" PVC SCH40 BE PIPE 20' LENGTH $387.87/100' $114.92/100' MANUFACTURER'S PRICE LIST/RETAIL PRICE SHEET: PRICE SHEET NO. EWING IRRIGATION PRODUCTS, INC. DATE: 4.15.2024 SAMPLE ITEM UNIT PRICE (MANUFACTURE) UNIT PRICE (WITH % DISCOUNT) 6" C-900 DR 18 PIPE 20' LENGTH $ 156.57 / 100' $46.39/100' ITEM # 8 QUANTITY UNIT 10 EA 5 EA 20 EA ITEM # 8 QUANTITY UNIT 1 EA DESCRIPTION COMMODITY/PARTS % DISCOUNT OFF LIST PRICE SIGMA: MANUFACTURER'S PRICE LIST/RETAIL PRICE SHEET LESS: 49.47% MANUFACTURER'S PRICE LIST/RETAIL PRICE SHEET: PRICE SHEET NO. EWING IRRIGATION PRODUCTS, INC. DATE: 4.15.2024 TOTAL BRAND NAME: SIGMA 6"X2" MJ TAPT T 260.00 $ 131.56 $ 6" MJ REGULAR ACCESSORY SET 182.17 $ 90.12 $ SAMPLE ITEM UNIT PRICE (MANUFACTURE) UNIT PRICE (WITH % DISCOUNT) 6" MJ SOLID SLEEVE L/P MANUFACTURER'S PRICE LIST/RETAIL PRICE SHEET: PRICE SHEET NO. EWING IRRIGATION PRODUCTS, INC. DATE: 4.15.2024 SAMPLE ITEM UNIT PRICE (MANUFACTURE) UNIT PRICE (WITH % DISCOUNT) TOTAL 392.30 $ BRAND NAME: BASELINE DESCRIPTION COMMODITY/PARTS % DISCOUNT OFF LIST PRICE BASELINE: MANUFACTURER'S PRICE LIST/RETAIL PRICE SHEET LESS: 40% TOTAL 3,543.11 $ ITEM TOTAL OF SAMPLE CATALOG ITEMS BASESTATION 3200 5,905.18 $ 3,543.11 $ 344.90 $ 170.62 $ ITEM 1 RAIN BIRD 173.31 $ ITEM 2 FEBCO 1,414.46 $ ITEM 3 HUNTER 328.00 $ GRAND TOTAL 9724.812729 ITEM 7 CRESTLINE ITEM 8 SIGMA 392.30 $ ITEM 9 BASELINE 3,543.11 $ ITEM 4 NETAFIM 3,721.64 $ ITEM 5 WATTS 146.08 $ ITEM 6 SPEARS 5.92 $ LINKING AGREEMENT BETWEEN THE CITY OF GLENDALE, ARIZONA AND EWING IRRIGATION PRODUCTS, INC. FOR IRRIGATION COMPONENTS EXHIBIT B Scope of Work Ewing Irrigation & Landscape to provide irrigation components included in the S.A.V.E. Cooperative Purchasing Agreement, Contract # 22PB016, for various locations throughout the City on an as needed basis. LINKING AGREEMENT BETWEEN THE CITY OF GLENDALE, ARIZONA AND EWING IRRIGATION & LANDSCAPE EXHIBIT C METHOD AND AMOUNT OF COMPENSATION Goods shall be purchased in accordance with the terms, conditions, and rates of the S.A.V.E. Cooperative Purchasing Agreement, Contract #22PB016 for Irrigation Components. Invoicing: Contractor to provide invoice(s) to City of Glendale authorized representative for payment of the invoice(s) and paid in accordance with city procedures through the City of Glendale Finance Department. Any issues regarding billing or invoicing must be directed to the City of Glendale Parks and Recreation Department representative requesting the material from the Contractor. A properly completed invoice should contain, at a minimum, all of the following: a. Contractor name, address, and contact information b. City billing information c. City contract number as listed on the first page of the Agreement d. S.A.V.E. Contract Number e. Invoice number and date f. Purchase Order number g. Payment terms h. Description of materials provided; i. Quantity and pricing of each unit; j. Date materials were picked up by City of Glendale staff k. Site location(s) provided by City of Glendale staff l. Applicable taxes m. Total amount due Payment of Funds: Payment will be made in accordance with the payment terms identified in the cooperative purchasing agreement which is attached herein. In no event will a payment be made prior to receipt of an original invoice containing the invoice and purchase order number and receipt of purchased items. NOT TO EXCEED AMOUNT The total amount of compensation paid to Contractor for full completion of all work required by the Statement of Work is estimated to be $40,000 annually or $120,000 for the entire term of the Agreement. DETAILED PROJECT COMPENSATION Pricing for all goods are included in the S.A.V.E. Cooperative Purchasing Agreement, Contract #22PB016, and attached in Exhibit A. Contractor shall use the pricing included in this contract for all purchses of irrigation components.