Linking Agreement with Dave Bang and Associates Inc
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1 10/05/2023 LINKING AGREEMENT BETWEEN THE CITY OF GLENDALE, ARIZONA AND DAVE BANG ASSOCIATES, INC. FOR PLAYGROUND AND PARK EQUIPMENT This Linking Agreement (“Agreement”) is entered into as of this day of , 2025, between the City of Glendale, an Arizona municipal corporation (“City”), and Dave Bang Associates, Inc., an Arizona corporation, authorized to do business in Arizona (“Contractor”), collectively, the “Parties.” RECITALS A. On August 1, 2024, the City of Mesa, Arizona, a member of the Strategic Alliance for Volume Expenditures (S.A.V.E.), a consortium of local governmental agencies in the state of Arizona, entered into a contract with Contractor to purchase the goods and services described in the Playground and Park Equipment (“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 August 1, 2024, until the date the contract terminates on July 31, 2027, unless the term is extended by mutual agreement of the parties to the Cooperative Agreement. The Cooperative Agreement, however, may not be extended beyond July 31, 2029. The initial period of this Agreement is the period from the Effective Date of this Agreement until July 31, 2027. B. The City may extend the term of this Agreement for two (2) additional years 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 2 10/05/2023 Effective Date. Glendale extensions are not automatic and shall only occur if the City affirmatively exercises its right to extend this Agreement. C. Extension for Procurement Processes. Upon the expiration of the Term of this Agreement, including any renewals permitted herein, at the City’s sole discretion, this Agreement may be extended on a month-to-month basis for a maximum of six (6) months to allow for the City’s procurement processes in the selection of a vendor to provide the services/materials provided under this Agreement. The City will notify the Contractor in writing of its intent to extend the Agreement at least thirty (30) calendar days before the expiration of the Term. Any extension under this Subsection will be a continuation of the same terms and conditions as in effect immediately before the expiration of the then-current term. 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 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. 3 10/05/2023 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. 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 Dave Bang Associates, Inc. c/o John Wormell, President & CEO 140 N. Gilbert Rd. Mesa, AZ 85203-9028 Email: john@davebang.com IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year set forth above. “Contractor” Dave Bang Associates, Inc., an Arizona corporation “City” City of Glendale, an Arizona municipal corporation By: ____________________________ By: ____________________________ Kevin R. Phelps Name: John Wormell City Manager Title: President & CEO 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 DAVE BANG ASSOCIATES, INC. FOR PLAYGROUND AND PARK EQUIPMENT EXHIBIT A STRATEGIC ALLIANCE FOR VOLUME EXPENDITURES (S.A.V.E.), CONTRACT NO. 2024091 AWARD LETTER PRICING SHEETS 4 EXHIBIT A LINKING AGREEMENT BETWEEN THE CITY OF GLENDALE, ARIZONA AND DAVE BANG ASSOCIATES, INC. FOR PLAYGROUND AND PARK EQUIPMENT EXHIBIT B Scope of Work Contractor to provide the City with playground and park equipment as described in the Strategic Alliance for Volume Expenditures (S.A.V.E.), Contract # 2024091, on an “as needed” basis. Installation is offered at the labor rates included in the Cooperative Agreement. LINKING AGREEMENT BETWEEN THE CITY OF GLENDALE, ARIZONA AND DAVE BANG ASSOCIATES, INC. FOR PLAYGROUND AND PARK EQUIPMENT EXHIBIT C METHOD AND AMOUNT OF COMPENSATION Goods and services shall be purchased in accordance with the terms, conditions, and rates of the Strategic Alliance for Volume Expenditures (S.A.V.E.) Contract # 2024091, for Playground and Park Equipment. Dave Bang Associates, Inc. shall be paid upon receipt of the equipment ordered per the quote(s) provided, and following the City’s receipt of a properly completed invoice. 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 service or equipment 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. Strategic Alliance for Volume Expenditures (S.A.V.E.) Contract # 2024091; e. Invoice number and date; f. Payment terms; g. Date of service or delivery; h. Description of equipment or services provided; i. If equipment provided, the quantity delivered and pricing of each unit; j. Service addresses, contract number, and purchase order associated with the contract; k.Applicable taxes; l. Total amount due. Payment of Funds: Payment will be made upon completion of work within thirty (30) working days through a traditional method of a check.from invoice(s) provided by the Contractor. 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 $2,000,000 for the entire term of the Agreement. DETAILED PROJECT COMPENSATION Pricing for all goods and services are included in the Strategic Alliance for Volume Expenditures (S.A.V.E.) Contract # 2024091, as included in Exhibit A. Contractor shall use these prices to formulate a written quote for each project. Each project shall be quoted in writing and shall be reviewed by an authorized City of Glendale representative who shall verify that it meets the contractual pricing before any purchases are made.