Linking Agreement with MAC Trailer enterprises, Inc.

Docusign Envelope ID: 44BF792E-9182-4F94-9A3C-2B0DC7156C17

LINKING AGREEMENT
BETWEEN
THE CITY OF GLENDALE, ARIZONA
AND
MAC TRAILER ENTERPRISES, INC.

This Linking Agreement (“Agreement”) is entered into as of this day of , 2025, between the
City of Glendale, an Arizona municipal corporation (“City”), and MAC Trailer Enterprises, Inc., an Ohio
corporation, authorized to do business in Arizona (“Contractor”), collectively, the “Parties.”

RECITALS

A. On December 19, 2022, MAC Trailer Enterprises, Inc., a member of the Sourcewell Cooperative
Purchasing Agreement, entered into a contract with Contractor to purchase the goods and services
described in Trailers with Related Equipment, Accessories, and Services Contract No. 092922-MCT
(“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 Finance Director 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 Finance Director 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 December 19, 2022, until the date the contract terminates
on December 20, 2026, unless the term is extended by mutual agreement of the parties to
the Cooperative Agreement. The Cooperative Agreement, however, may not be extended
beyond December 20, 2027. The initial period of this Agreement is the period from the
Effective Date of this Agreement until December 20, 2026.

B. The City may extend the term of this Agreement for one year 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. Glendale
extensions are not automatic and shall only occur if the City affirmatively exercises its right
to extend this Agreement.

10/05/2023

Docusign Envelope ID: 44BF792E-9182-4F94-9A3C-2B0DC7156C17

10.

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 ate an enforceable part of this Agreement.

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 hundred fifty four thousand six hundred ten dollars ($254,610) for the
entite term of the Agreement (initial term plus any extensions).

Cancellation. This Agreement may be cancelled pursuant to A.R.S. § 38-511.

Non-disctimination. Conttactor 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.

Insurance Certificate. A certificate of insurance applying to this Agreement must be provided to the
City prior to the Effective Date.

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

10/05/2023

Docusign Envelope ID: 44BF792E-9182-4F94-9A3C-2B0DC7156C17

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 Ernie Ruiz, Solid Waste Superintendent LF/MRF
6210 W. Myrtle Ave, Suite 111

Glendale AZ, 85301

and
MAC Trailer Enterprises, Inc.

Bill McKenzie, President of Sales
14599 Commerce St. NE,

Alliance, OH 44601
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 MAC Trailer Enterprises, Inc.,
municipal corporation an Ohio corporation
DocuSigned by:

By: By: Wilham MeKengyic

Kevin R. Phelps Name: Bill Mckeagige"**-

City Manager Title: President of Sales
ATTEST:
Julie K. Bower (SEAL)
City Clerk
APPROVED AS TO FORM:

Michael D. Bailey
City Attorney

10/05/2023

Docusign Envelope ID: 44BF792E-9182-4F94-9A3C-2B0DC7156C17

LINKING AGREEMENT
BETWEEN
THE CITY OF GLENDALE, ARIZONA
AND
MAC TRAILER ENTERPRISES, INC.

EXHIBIT A
SOURCEWELL CONTRACT NO. 092922-MCT FOR TRAILERS WITH RELATED
EQUIPMENT, ACCESSORIES AND SERVICES

Docusign Envelope ID: 44BF792E-9182-4F94-9A3C-2B0DC7156C17

LINKING AGREEMENT
BETWEEN
THE CITY OF GLENDALE, ARIZONA
AND
MAC TRAILER ENTERPRISES, INC.

EXHIBIT B
Scope of Work

Trailers with Related Equipment, Accessories and Services.

Docusign Envelope ID: 44BF792E-9182-4F94-9A3C-2B0DC7156C17

LINKING AGREEMENT
BETWEEN
THE CITY OF GLENDALE, ARIZONA
AND
MAC TRAILER ENTERPRISES, INC.

EXHIBIT C
METHOD AND AMOUNT OF COMPENSATION

Not to exceed $254,610 if all renewal options are excercised in accordance with Section 3 of the
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 $254,610 for the entire term of the Agreement.

DETAILED PROJECT COMPENSATION

The City shall pay contractor compensation in accordance with the rates as set forth in the Sourcewell
MAC Trailer Enterprises, Inc. Contract No. 092922-MCT.