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1/2/2020
LINKING AGREEMENT
BETWEEN
THE CITY OF GLENDALE, ARIZONA
AND
HYAS GROUP, LLC
THIS LINKING AGREEMENT (this “Agreement”) is entered into as of this 1st day of
January, 2022, between the City of Glendale, an Arizona municipal corporation (the “City”), and Hyas
Group LLC, a(n) Oregon Limited Liability Corporation authorized to do business in Arizona
(“Contractor”), collectively, the “Parties.”
RECITALS
A.
On March 1, 2017under (S.A.V.E Cooperative Purchasing Agreement, Mohave, etc.), the City
of Peoria entered into a contract with Contractor to purchase the goods and services described
in the Professional Dervices Consulting Agreement between the City of Peoria and Hyas
Group, LLC (“Cooperative Purchasing Agreement”), which is attached hereto as Exhibit A.
The Cooperative Purchasing Agreement permits 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 desires to contract with Contractor for supplies or services identical, or nearly
identical, to the supplies or services Contractor is providing other units of government under
the Cooperative Purchasing Agreement. Contractor consents to the City’s utilization of the
Cooperative Purchasing Agreement as the basis of this Agreement, and Contractor desires to
enter into this Agreement to provide the supplies and services set forth in this Agreement.
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. The City is purchasing supplies and/or services from Contractor
pursuant to the Cooperative Purchasing Agreement. According to the Cooperative
Purchasing Agreement, purchases can be made by governmental entities from the date of award,
which was March 1, 2017, until the date the contract expires on February 28, 2027 unless the term of
the Cooperative Purchasing Agreement is extended by the mutual agreement of the original
contracting parties. The Cooperative Purchasing Agreement, however, may not be extended
beyond February 28, 2027 . The initial period of this Agreement, therefore, is the period from the
Effective Date of this Agreement until February 28, 2022 . The City may renew the term of this
Agreement for five (5) additiional one (1) year renewals until the
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Cooperative Purchasing Agreement expires on April 2, 2027. Glendale renewals are not
automatic and shall only occur if the City gives the Contractor notice of its intent to renew.
The City may give the Contractor notice of its intent to renew this Agreement 30 days
prior to the anniversary of the Effective Date to effectuate such renewal.
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 Thirty-Five thousand dollars ($35,000) annually or One
hundred and Seventy-Five thousand dollars ($175,000) for the entire term of the
Agreement (initial term plus any renewals).
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.
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9.
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.
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 Vicki Moss
5850 W Glendale Ave #B56
Glendale, AZ 85301
And
Hyas Group, LL
CC/O Dale Parker, VP
9755 SW Barned Road
Portland, Oregon 97225
971-634-1500
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
Hyas Group, LLC,
municipal corporation
an Oregon Limited Liability Corporation
By:
____________________________
By:
____________________________
Kevin R. Phelps
Name: Dale Parker
City Manager
Title: Vice President
ATTEST:
___________________________
Julie K. Bower
(SEAL)
City Clerk
APPROVED AS TO FORM:
___________________________
Michael D. Bailey
City Attorney
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LINKING AGREEMENT
BETWEEN
THE CITY OF GLENDALE, ARIZONA
AND
HYAS GROUP, LLC
EXHIBIT A
(CITY OF PEORIA AND HYAS GROUP, LLC SOLICITATION NO P17-0015)
8/5/21 07:33 MST
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LINKING AGREEMENT
BETWEEN
THE CITY OF GLENDALE, ARIZONA
AND
HYAS GROUP, LLC
EXHIBIT B
Scope of Work
PROJECT
Fiduciary Responsibilities:
•
Investment Policy Statement Review
'•
Committee meetings to include legislative updates and ongoing educational sessions
Market Overview:
•
Executive Summary specific to the City's combined plans
•
Performance to peer-group and index benchmarking
•
Watch list recommendations
•
Assist with Investment Fund additions/deletions
Committee Training:
•
Basic fiduciary responsibility training
•
Historical Public Sector characteristics
•
Changing Employer responsibilities
•
Employer trends in meeting new responsibilities
•
Options and Trends
Vendor Performance Review
•
Review of provider performance standards
•
Development of performance standards and financial guarantees
•
Determination of financial guarantees
•
Addressing performance issues
Comprehensive Compliance Audit
•
Comprehensive audit of additional areas likely to be examined in an IRS audit including, but
not limited to, eligibility requirements, adherence to annual maximums, catch up provisions,
hardship withdrawal, loan requirements and domestic relations orders
Optional Tasks as directed by the Deferred Comp Committee.
•
The City may request services that are supplemental to those included in the scope of work.
These services will be provided upon written authorization for the City.
Hyas Group, LLC • 108 NW 9th Avenue Suite 203, Portland, Oregon 97209 • ph: 971-634-1501 fx: 971-275-1856
November 18, 2021
As an Investment Advisor registered with the Securities Exchange Commission (SEC), Hyas Group must
distribute our Form ADV (containing information on our services, fees, proxy voting policies, privacy policy,
and other business subjects) to prospects and clients. The SEC requires us to have explicit written
acknowledgement of receipt from the client of our Form ADV and Privacy Policy.
By signing below, you are acknowledging receipt of these documents.
The City of Glendale acknowledges that it has received and has had an opportunity to read the Hyas Group’s
firm brochure (Form ADV, Part 2A) and applicable brochure supplements (Form ADV, Part 2B) prior to, or
at the time of, entering into the separate consulting services agreement.
We have also received Hyas Group’s privacy notice prior to, or at the time of, entering into our agreement
with Hyas Group.
___________________________________
_________________________
Signed
Date
___________________________________
Printed Name
___________________________________
Title
Thank you and feel free to contact me if you have any questions regarding this matter.
Sincerely,
Michelle Ruppelt
Head of Business Control and Risk
mruppelt@hyasgroup.com
(971) 634-1508
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LINKING AGREEMENT
BETWEEN
THE CITY OF GLENDALE, ARIZONA
AND
HYAS GROUP, LLC
EXHIBIT C
METHOD AND AMOUNT OF COMPENSATION
The consultant is not receiving Compensation from the City for the performance of the Scope of
Work. City’s Deferred Compensation Plan will compensate the Consultant for Services rendered, as
provided in the City of Glendale Price Sheet and Best and Final Offer (BAFO) for RFP 17-02,
which is attached to Exhibit B. The total compensation under this Agreement shall not exceed One
hundred and Seventy-Five ($175,000) for the entire term of the Agreement (initial term plus all
renewals).
NOT TO EXCEED AMOUNT
The total amount of compensation paid to Contractor for full completion of all work required by
the Project must not exceed $35,000 annually or $175,000 for the entire term of the Agreement.
DETAILED PROJECT COMPENSATION
-Fiduciary Responsibilities
$10,500 annually
-Investment Performance Review
$9,500 annually
-Vendor Performance Review $4,500 annually
-Comprehensive Compliance Audit
$5,500 annually
Other services as requested by the Deferred Compensation Board $12,500 term of contract