T26-015-01 SERVICE AGREEMENT.PDF
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IX. INSURANCE; INDEMNITY All Parties shall carry adequate self-insurance and/or insurance to cover any claims and/or lawsuits which may arise out of the activities contemplated by this Agreement. MS will carry general liability and property damage insurance and include the City as an additional insured. The City is self-insured up to it self-retained limits. The City has purchased insurance for claims over its self-retained limits. The City's self-insurance and insurance covers public liability and property damage and will include the TCAA and MS as an additional insured for purposes of this Program only. The Parties will be liable for their respective employees' negligence. and will agree, to the extent permitted by law. to indemnify, defend and hold harmless the other party in any claims and/or lawsuits arising out of the activities contemplated by this Agreement when the damage or injury, including death. is due to the sole negligence of its employee(s). X. GENERAL PROVISIONS 1. Entire Agreement: Integration: Amendments: This Agreement constitutes the full and complete understanding and agreement of the Parties as to its subject matter. This Agreement supersedes any and all previous representations, understandings, and agreements relating to its subject matter. This Agreement may not be modified except in writing signed by both Parties. 2. Severability: This Agreement shall remain in full force and effect even if one or more of its terms or provisions have been held to be invalid or unenforceable. The term found invalid will be ineffective without invalidating the remaining terms and provisions of this Agreement. 3. Termination for Conflict of Interest: The Parties acknowledge that this Agreement is subject to cancellation pursuant to A.RS. § 38-511. 4. Notices: Any notice required under this Agreement shall be hand-delivered or sent via Certified Mail, Return Receipt Requested to the following persons and shall be effective upon delivery. The designated representatives for notice purposes may be changed by written notice to the other Parties. For the City: City of Tempe, Community Health and Human Services For TCAA: Jessica Wright 3500 S. Rural Road Tempe, AZ 85282 Jessica wright@tempe.gov Tempe Community Action Agency Phillip Scharf 2146 Apache Blvd. Tempe, AZ 85281 phillips@tempeaction.org For MS: Masis Staffing Gina DiGiovanni 1955 E. Broadway Road, Suite 102 Tempe, AZ 85281 gdigiovanni@masisstaffing.com Phillip Scharf Digitally signed by Phillip Scharf Date: 2025.09.22 10:34:22 -07'00' 9/22/25 Phillip Scharf Masis Staffing Services 8/25/2025 Morris L Jessup Director of Operations Masis Staffing Services