20260625_RCM_CHHS_ COT_TCC AFFILIATION_AGREEMENT.PDF
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AFFILIATION AGREEMENT
BETWEEN THE CITY OF TEMPE AND
TEMPE COMMUNITY COUNCIL, INC.
(City Contract No. C2026-___)
This Affiliation Agreement (hereinafter "Agreement") is entered into on this
_____ day of _______________, 2026 ("Effective Date") by and between Tempe
Community Council, Inc., an Arizona non-profit corporation ("TCC") and the City of
Tempe, a municipal corporation, ("City") (hereinafter the City and TCC may be referred to
individually as "Party" and collectively as the "Parties").
RECITALS
A.
WHEREAS, TCC was founded in 1972 and became a 501(c)(3) nonprofit
corporation in 1976 committed to involving a broad base of volunteer citizens and staff in
addressing immediate and long-term human service needs in Tempe, Arizona; and
B.
WHEREAS, TCC and City have entered into various agreements since 1985,
when City provided funding to TCC to establish relationships with nonprofit entities that
addressed human service needs in Tempe and thereafter review applications for funding
from these entities and make recommendations to Tempe City Council; and
C.
WHEREAS, in 2017, City and TCC entered into a formal affiliate agreement,
initially embedding three City employees within TCC to enhance coordination and capacity, and
in subsequent years, the scope of City staffing and operational support expanded; and
D.
WHEREAS, subsequent to the signing of the affiliate agreement, City has made a
concerted effort to expand its Community Health and Human Services Department to meet the
growing needs of the City; and
E.
WHEREAS, TCC will be reorganizing to focus on its core mission and maximize
its flexibility as a fund-raising non-profit; and
F.
WHEREAS, the Parties have previously entered into certain agreements and
understandings relating to the subject matter of this Agreement and desire that, effective as of the
Effective Date, all such prior agreements, understandings, negotiations, representations, and
discussions, whether written or oral, shall be superseded, replaced, and of no further force or effect
except as expressly provided herein.
NOW. THEREFORE, for other good and valuable consideration, the sufficiency
of which is hereby acknowledge the Parties agree as follows:
AGREEMENT
1.
AFFILIATION. City and TCC hereby agree to continue to work together as independent
contractors to achieve the joint goal of providing human service needs to the residents of Tempe through
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a collaborative relationship. Each Party acknowledges the distinct and separate legal status of the other
Party as set forth in Section 13 below.
2.
CITY'S RESPONSIBILITIES. During the Term of this Agreement (as defined below)
and if City has available funds, City agrees to the following:
a.
Community Needs. City will engage with TCC in an ongoing process to identify human
service priorities for inclusion in the City's Agency Review Request for Proposal.
b.
Capacity Building. City will engage in a pilot capacity building grant process
with TCC over a two-year period. Each one-year term will provide $180,000 to align with
deliverables listed in Exhibit A.
i.
If the affiliation agreement were to extend to subsequent terms the
Capacity Building grant would transition into a competitive grant as a part of the Agency
Review funding mechanism.
ii.
TCC would then be able to receive a 15% indirect rate of the total Agency
Review budgeted amount for coordination of the process.
c.
Transition of City Employees. City agrees to provide the service of four (4) City
employees to assist in the operation of TCC (the "Dedicated Employees") through fiscal year 2028. It is
specifically acknowledged by the Parties that all Dedicated Employees are City employees and will
necessarily have other duties assigned to them by City other than as set forth in this Agreement. However,
the Dedicated Employee shall devote a considerable amount of the workday to discharging the duties to
the TCC outlined in this Agreement in accordance with applicable law and policy.
i.
Background Investigation; Bonding. TCC acknowledges that all City employees
undergo background checks prior to hire. Notwithstanding, and at TCC's request, City shall cause
background investigation(s) of any or all Dedicated Employees that will provide services to any
TCC programs that provides services to children and/or education programs, provides accounting
services, or as required by grant awarded to TCC. If background is not satisfactory to TCC, City
will remove and replace such Dedicated Employee(s). Additionally, City acknowledges that the
Dedicated Employee providing accounting services to TCC must be bondable by a reasonable
surety company. Bonding requirements may include, but are not limited to, background and credit
checks.
ii.
General. All Dedicated Employees providing services pursuant to this
Agreement shall be subject to the reasonable approval of TCC with the understanding that
City will seek TCC's participation in the hiring process and prior approval with regard to
Designated Employees. City shall ensure that Dedicated Employees meet the job
description requirements established.
d.
Facility; Furniture, Fixtures and Equipment. City shall provide space at the
facility located at 117 E. 5th St., Suite 200, Tempe, Arizona for TCC's use as an office (the
"Facility") or some other location mutually acceptable to the Parties. Furniture, fixtures and
equipment belonging to TCC and located at the Facility ("TCC FFE") are identified on Exhibit C
attached hereto and incorporated by this reference. The Parties acknowledge TCC FFE to be the
personal property of TCC at all points in time. TCC will update Exhibit C annually, and the Parties
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will replace Exhibit C annually with the updated document. City hereby grants TCC the use of any
City furniture, fixtures and equipment located at the Facility ("City FFE") for TCC's activities.
Additionally, City shall provide supplies, communication, utilities, phone, and computers for TCC's
use (together with City FFE, the "City Property"). The City Property is identified on Exhibit C
attached hereto and incorporated by this reference.
e.
Grants. City shall provide data regarding grants, federal and state programs, assist
and/or collaborate with application process, including but not limited to grant writing assistance.
Notwithstanding the foregoing, TCC is solely responsible for the administration of any grants
obtained by Dedicated Employee(s) and/or utilizing the data provided herein.
f.
City Designated Representative. City shall appoint the City's Director of Human
Services, or such other designee, to manage this affiliation relationship and serve as TCC's primary contact
during the Term.
3.
TCC AUTHORITY AND RESPONSIBILITY. During the Term, TCC,
through the TCC Board (as defined below), agrees to the following:
a.
Community Needs. TCC shall serve as an independent resource to City on issues
relating to human service needs and services in Tempe.
b.
Program Development. TCC shall develop programs, services, and partnerships to
meet the changing human service needs of Tempe residents aimed at reducing instability and
dependence. TCC shall also promote and grow volunteer opportunities for Tempe citizens through the
Don Carlos Humanitarian Awards, TCC Board membership, Agency Review, and other
programs and activities.
c.
Recommendation for Funding; Evaluating Programs. TCC shall make
recommendations to City regarding allocation of funds to meet the human service needs of City
residents. TCC will also convene a community citizen panel and provide oversight and
management of the agency review process. TCC shall engage with City to develop mutually
acceptable outcome measures for evaluating program pursuant to this Section 3(c).
d.
Separate Operations. During the Term, TCC shall remain a separate 50l(c)(3)
organization, governed by TCC's board of directors (the "TCC Board"). TCC shall maintain
appropriate authority to oversee TCC operations and functions, including setting the strategic
plan and annual budget, and approval of TCC's continued grant applications.
e.
Oversight of Dedicated Employees.
i.
Dedicated Employees shall report to the TCC Executive Director while
carrying out their duties pursuant to this Agreement. Dedicated Employees shall report
directly to the City’s CHHS Designee for any City assigned duties. Notwithstanding
TCC's oversight responsibility set forth in this section, TCC acknowledges that the
Dedicated Employees are City employees that are assigned to perform the duties set
forth in this Agreement in scope of the Dedicated Employee's position with the City.
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ii.
If TCC, in the sole determination of TCC's Board, determines that the
performance of any Dedicated Employee is unsatisfactory, TCC may request that the City
remove and replace such Dedicated Employee from TCC duties.
iii.
The Parties agree that the policies and procedures of City shall be utilized
with respect to the management, compensation, and benefits of the Dedicated Employees.
Additionally, Dedicated Employees will be required to agree to and abide by TCC's
conflict of interest and confidentiality policies. If TCC deems it necessary to have the
Dedicated Employees agree to abide by other TCC policies, it shall present those
acknowledgment forms to the individual identified in Section 3 (g) below and to City.
f.
Mayoral Appointment to the TCC Board. TCC shall create an ex-officio, non-
voting board of director position for a City employee. The City's mayor shall appoint a City
employee, other than the City's Community Health and Human Services (“CHHS”) Director, to
the TCC Board in accordance with the terms of TCC's governance documents. TCC shall take
all action necessary to fulfill the obligations in this Section 3(f).
g.
TCC Designated Representative. TCC hereby appoints the TCC Board
President, or such other designee, to manage this affiliation relationship and serve as the City's
primary contact during the Term.
4.
COMPENSATION. Neither Party will receive compensation for the affiliation
set forth herein. Notwithstanding the foregoing, City will provide the Dedicated Employees and
use of the Facility as an in-kind contribution to TCC based upon the public benefits that have
occurred and are anticipated to occur in the future.
5.
TERM AND TERMINATION.
a.
Term. This Agreement will commence on the Effective Date and continue for
five (5) years (the "Initial Term"). The Agreement may be renewed for one (1) additional two (2)
year term upon mutual agreement of the Parties unless terminated as provided below (a "Renewal
Term, and together with the Initial Term, the "Term").
b.
Termination.
i.
Without Cause. Either Party may terminate this Agreement without
cause, by providing no less than 180 days' prior written notice.
ii.
For Cause. Either Party may terminate this Agreement at any time in
the event the other Party engages in an act or omission constituting a material breach
of a term of this Agreement. The Party electing to terminate this Agreement shall
provide the breaching Party with thirty (30) days written notice specifying the nature
of the breach. The breaching Party may cure the breach or provide written notice that
it intends to cure the breach within the thirty (30) day notice period. If the breach is
not remedied within the time specified, the non-breaching Party may terminate this
Agreement at the end of the thirty (30) day notice period without further notice or
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demand. The non-breaching Party may pursue all available administrative and legal
remedies.
c.
Effect of Termination. Prior to effectiveness of the termination, TCC may
wish to enter into good faith negotiations with Dedicated Employees it wishes to hire as TCC
employees, which negotiations will occur between TCC and the Dedicated Employees.
Additionally, prior to the effectiveness of the termination, TCC may wish to enter into good faith
negotiations with City regarding TCC's continued use of the Facility under terms and conditions
agreed to by the Parties and City compliance with governing authority. If the parties fail to reach
an agreement outlined in the previous two (2) sentences, then within ninety (90) days of the
termination date, the services of the Dedicated Employees shall cease and TCC shall vacate the
Facility. City Property shall remain at the Facility. Any TCC FFE shall be removed from
Facility.
6.
COMMUNICATION, REPORTING AND AUDIT.
a.
Communication Protocol.
During the Term of this Agreement, all
communication regarding the Dedicated Employees, and other terms and conditions contained in
this Agreement shall be communicated through the Parties' designated representative as stated in
Sections 2(e) and 3(f) above. Any written notice shall be provided pursuant to Section 14(j)
below.
b.
Reports. Each Party shall provide reports to the other Party necessary to
substantiate the City's in-kind donation herein.
c.
Financial Statement. During the Term of this Agreement and for so long as any
obligations remain outstanding hereunder, TCC shall provide to the City, within one hundred
twenty (120) days after the end of each fiscal year, a complete copy of its annual financial
statements for such fiscal year. The financial statements shall include, at a minimum, a balance
sheet, statement of activities (or income statement), statement of cash flows, and any
accompanying notes. The financial statements shall be reviewed by an independent certified
public accountant in accordance with generally accepted accounting principles and applicable
professional standards and shall be accompanied by the accountant’s review report. Failure to
timely provide the required financial statements or review report shall constitute a material
breach of this Agreement. TCC shall pay for all services necessary to comply with this Section.
d.
Records and Information. The Parties acknowledge that TCC records and
information, including but not limited to, electronic communication, financials, grants, grant
applications, scholarship information, and donor information ("TCC Information"), resides and is
being stored on TCC-owned computers and servers. City acknowledges and agrees that TCC
is the sole owner of TCC Information. Further, City agrees to safeguard and keep such TCC
information confidential to the extent permitted by law. Upon termination of this Agreement,
TCC shall retain all TCC Information. The Parties acknowledge that TCC Information stored
on any City computers and servers is subject to disclosure as a public record unless there is a
legal basis upon which to exclude the TCC Information from disclosure. If City receives a
public records request, it shall immediately notify TCC of the City's intent with regard to
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disclosure certain TCC Information to allow TCC, in its sole discretion, to seek a temporary
restraining order to protect TCC Information that City believes it is legally required to
provide the requesting party.
7.
INDEMNIFICATION. TCC and the City (to the extent the City is permitted by
law to do so) shall indemnify, defend, save and hold harmless the other Party and its officers,
officials, agents, volunteers and employees (hereinafter referred to as "Indemnitee'') from and
against any and all claims, actions, liabilities, damages, losses, or expenses (including court
costs, attorneys' fees, and costs of claim processing, investigation and litigation) (hereinafter
referred to as "Claims") for bodily injury or personal injury (including death), or loss or damage
to tangible or intangible property caused, or alleged to be caused, in whole or in part, by the
negligent or willful acts or omissions of the other Party or any of its owners, officers, directors,
agents, employees, volunteers or subcontractors. This indemnity includes any claim or amount
arising out of the failure of the other Party to conform to any federal, state or local law, statute,
ordinance, rule, regulation or court decree. It is the specific intention of the Parties that the
Indemnitee shall, in all instances, except for Claims arising solely from the negligent or willful
acts or omissions of the Indemnitee, be indemnified by the other Party from and against any and
all claims. It is agreed that the non-offending Party will be responsible for primary loss
investigation, defense and judgment costs where this indemnification is applicable.
Notwithstanding the foregoing, TCC shall not indemnify City for acts of Dedicated Employees
performing the City assigned duties.
8.
INSURANCE. During the Term, TCC agrees to obtain and maintain, at its own
cost and expense, insurance coverage, as applicable, set forth on Exhibit D. The City agrees to
obtain and maintain, at its own cost and expense, general liability insurance, worker's
compensation insurance, and other insurance coverage required by law.
9.
RELEASE OF INFORMATION--ADVERTISING AND PROMOTION.
TCC may not publish, release, disclose or announce to any member of the public, press, official
body, or any other third party: (1) any information concerning this Agreement or any part
thereof; or (2) any documentation or the contents thereof related to the subject matter of this
Agreement, without the prior written consent of the CHHS Director, except as required by
law. The name of any site on which services required by this Agreement are performed may not
be used in any advertising or other promotional context by TCC without the prior written consent
of the City.
10.
CONFLICTS OF INTEREST. TCC acknowledges this Agreement is subject to
cancellation by the City pursuant to the provisions of Arizona Revised Statutes (“A.R.S.”) § 38-
511. TCC agrees that no member, official, or employee of City may have any direct or
indirect interest in this Agreement, nor may they participate in any decision relating to this
Agreement that is prohibited by A.R.S. § 38-501, et seq.
11.
CLAIMS OR DEMANDS AGAINST THE CITY.
a.
TCC acknowledges and accepts the provisions of Section 5.03 of the Charter of
the City of Tempe, pertaining to claims or demands against the City, and TCC agrees to adhere
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to the prescribed procedure for presentation of claims and demands. Nothing in the Charter
alters, amends or modifies the supplemental and complementary requirements of the State of
Arizona Notice of Claim statutes, A.R.S. §§ 12-821and 12-821.01, pertaining to claims or
demands against the City. If for any reason it is determined that the City Charter and state law
conflict, then state law will control.
b.
Moreover, nothing in this Agreement constitutes a dispute resolution
process, an administrative claims process, or Agreement as used in A.R.S. § 12-821.0l(C),
sufficient to affect the date on which the cause of action accrues within A.R.S. § 12-821.0l(A)
and (B).
12.
FISCAL YEAR CLAUSE. The City's fiscal year begins July 1st and ends June
30th of the following calendar year. All of the City's obligations hereunder are subject to the
availability of funds, which obligations include being able to offer the Dedicated Employees to
assist TCC. City shall use its best efforts to notify TCC at the earliest time possible of any
changes in the availability of funds that may affect the City's performance under this Agreement.
Lack of continued funding shall be deemed termination without cause as set forth in Section
5(b)(i) above.
13.
RELATIONSHIP OF THE PARTIES. At all times during this Agreement,
TCC and the City will not be an employee or agent of the other Party. This Agreement is not
intended to and will not constitute, create, give rise to, or otherwise recognize a joint venture,
partnership or form a business association or organization of any kind between the Parties, and
the rights and the obligations of the Parties will be only those expressly set forth in this
Agreement. Neither TCC nor the City has authority, express or implied, to act on behalf of the
other in any capacity whatsoever as an agent. N e i t h e r TCC nor the City has authority,
express or implied, to bind the other Party to any obligation whatsoever. The Parties agree that
any and all City employees, including the Dedicated Employees who perform services for
TCC under this Agreement, will be employees or subcontractors of the City. The Parties
agree that the Dedicated Employees are not employees of TCC and will have no rights or
responsibilities to TCC other than those set forth in this Agreement; the City will have total
responsibility for all salaries, wages, bonuses, retirement, withholding, worker's compensation,
occupational disease compensation, unemployment compensation, other employee benefits and
all taxes and premiums appurtenant thereto with respect to the Dedicated Employees in the same
manner that it does with respect to all of its employees.
14.
MISCELLANEOUS.
a.
Survival of Representation and Warranties. The representations and
warranties of each Party contained in this Agreement, and in any certificate, document, or
instrument delivered pursuant to this Agreement, shall survive the execution, delivery,
termination, and expiration of this Agreement.
b.
Headings. The headings and numbering of the different paragraphs of this
Agreement are inserted for convenient reference only and are not to be taken as part of this
Agreement or to control or affect the meaning, construction or effect of the same.
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c.
Necessary Acts. The Parties agree to perform any further acts and execute and
delivery any further documents that may be reasonably necessary to carry out the provisions of
this Agreement.
d.
Governing Law. This Agreement shall be deemed to have been executed and
delivered within the State of Arizona, and the rights and obligations of the Parties shall be
construed and enforced in accordance with, and governed by, the laws of the State of Arizona.
Jurisdiction and venues of disputes shall be in Maricopa County.
e.
Waiver of Breach. The waiver of any party of a breach or violation of any
provision of this Agreement shall not operate as or be construed to be a waiver of any subsequent
breach hereof. No waiver of any provision of this Agreement shall be effective unless set forth in
a written instrument signed by the Party against whom the waive is to be enforced.
f.
Time of the Essence. Time is of the essence of each and every covenant and
condition herein contained.
g.
Severability. If any provision of this Agreement shall be held invalid or when
enforceable by a court of competent jurisdiction, the remaining provisions hereof shall continue
to be fully effective.
h.
Non-Exclusive. This Agreement shall not be construed as an exclusive contract.
i.
Assignments and Amendments. TCC may not assign, delegate, transfer, or
otherwise convey any of its rights or obligations under this Agreement, whether voluntarily, by
operation of law, or otherwise, without the prior written consent of the City. Any purported
assignment, delegation, transfer, or conveyance in violation of this Section shall be null and void.
Subject to the foregoing, this Agreement shall be binding upon and inure to the benefit of the
Parties and their respective permitted successors and assigns. This Agreement may be amended,
modified, or supplemented only by a written instrument executed by the Parties.
j.
Notices. Notices must be in writing and may be delivered by personal delivery
by the U.S. Postal Service, registered or certified, postage prepaid with return receipt
requested or sent by an overnight courier who regularly provides receipts. Notices shall be
delivered to the respective addresses set out below, or to such other address as a Party shall
specify in writing to the other Party. The respective addresses are:
(a)
If to City, to:
City of Tempe
P.0. Box 5002
Tempe, AZ 85280-5002
Attention: Director of Human Services
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(b)
If to TCC, to:
Tempe Community Council
34 East 7th Street
Tempe, AZ 85281-3606
Attention: Board President
l.
Counterparts. This Agreement may be executed in counterparts. Each
counterpart shall be deemed an original, and, when taken together with other signed counterparts,
shall constitute one Agreement, which shall be binding upon and effective as to all Parties.
Signatures delivered by electronic means, including by portable document format (PDF),
electronic mail, or electronic signature platform, shall be deemed to have the same legal effect as
original handwritten signatures and shall be binding on the Parties for all purposes.
m.
Entire Agreement. This Agreement, including the Recitals above, constitutes the
entire agreement between the City and TCC with respect to the subject matter and constitutes
and supersedes all prior agreements, representations and understandings of the Parties, written or
oral. No representation, promise, inducement or statement of intention has been made by any
Party hereto that is not embodied in this Agreement, and no party hereto will be bound by or
liable for any statement of intention not so set forth.
n.
Community Health and Human Services Director's Power to Consent. Upon
approval of the City Council and execution by the Mayor of this Agreement, the City hereby
authorizes and empowers the CHHS Director to consent to any and all requests for
amendments to this Agreement without further action of City Council, except for any actions
requiring City Council approval as a matter of law.
o.
Inspection and Audit. T h e City reserves the right, at reasonable times and at
the City's sole expense, to audit TCC's books and records related to the performance of service
under this Agreement. All records pertaining to the Agreement shall be kept on a generally
accepted accounting basis for a period of three (3) years following termination of the
Agreement. Nothing in this Section 14(o) entitles the City to fully audit TCC's books and
records related to matters other than the services provided herein.
p.
Compliance with Laws. TCC's programs, products, services and the Facility
shall comply with all applicable laws, regulations, standards, ordinances and codes of federal,
state and City governments in effect during the performance of this Agreement whether or not they are
specifically referred to herein. The Parties specifically acknowledge that A.R.S. § 38-511 applies to
this Agreement.
q.
Conflict of Interest; Termination. TCC represents and warrants that neither it
nor, to its knowledge, any of its directors, officers, employees, agents, subcontractors, or key
personnel has any financial, organizational, or personal interest that would create an actual or
apparent conflict of interest in connection with the performance of this Agreement. TCC shall
comply with all applicable federal, state, and local conflict-of-interest laws and regulations, as
well as any conflict-of-interest policies provided by the City. TCC shall promptly disclose in
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writing to the City any actual, potential, or perceived conflict of interest that arises during the
Term of this Agreement. Upon such disclosure, TCC shall take all actions reasonably requested
by the City to mitigate, manage, or eliminate the conflict, including the recusal or replacement of
affected personnel if necessary. Failure to disclose a conflict of interest or to comply with this
Section shall constitute a material breach of this Agreement and may result in suspension of
performance, withholding of payment, termination of this Agreement, and any other remedies
available at law or in equity. This Agreement is also subject to termination pursuant to the
provisions of A.R.S. § 38-511.
r.
Ambiguities; Interpretation. If any provision of this Agreement is ambiguous or
reasonably susceptible to more than one interpretation, such ambiguity shall not be construed for
or against any Party by reason of authorship, drafting responsibility, or any rule of construction
requiring interpretation against the drafter. The Parties acknowledge that they have each
participated in the negotiation and preparation of this Agreement and have had the opportunity to
consult with legal counsel. Accordingly, this Agreement shall be interpreted in a fair and
reasonable manner to give effect to the intent of the Parties as expressed herein, taking into
account the Agreement as a whole and the commercial purposes underlying it.
[Signatures on the following page.]
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IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective
Date stated above.
CITY OF TEMPE, an Arizona municipal
corporation
____________________________________
Corey D. Woods, Mayor
ATTEST:
__________________________________
Kara A. DeArrastia, City Clerk
APPROVED AS TO FORM:
______________________________________
Eric C. Anderson, City Attorney
TEMPE COMMUNITY COUNCIL, an Arizona
nonprofit organization,
By: _____________________________
Name: ___________________________
Its: ______________________________
EXHIBIT A
Capacity Building Grant Deliverables
Year One (FY 27)
Recruit and onboard an Executive Director
The Executive Director of the Tempe Community Council functions as the Chief Executive Officer
of the corporation. In this capacity, the Executive Director is responsible for the
implementation of policies set by the Board of Directors as well as annual goals and objectives,
including financial, program, and administrative management of the corporation. Guidance and
direction is provided by the Board of Directors, communicated through the President and the
Executive Committee.
General responsibilities include, but are not limited to:
•
Day-to-day operations of TCC
•
Fundraising
•
Program oversight and support
•
Human Resource Management
•
Fiscal Management
•
Represent TCC (principal spokesperson and key public relations representative for TCC)
•
Assist the Board of Directors with developing the strategic plan
•
Implement the strategic plan
•
Such other duties as assigned to the Executive Director by the Board of Directors
Develop and Implement a Strategic Plan
Establish a board-adopted, goal-oriented, deliverables-based plan to guide TCC over the
next 2-year period, with a focus on mission, fundraising, and addressing unmet needs in the
Tempe community.
Year Two (FY 28)
Meet the deliverables and goals identified in the Strategic Plan
Create a transition plan for existing programs/staff not identified in future planning
EXHIBIT B
OTHER DEDICATED EMPLOYEES
The City will provide the following Dedicated Employees and duties:
POSITION/SERVICE
FTE
Executive Assistant
1
Administrative Analyst
1
Marketing Coordinator
1
Social Services Supervisor
1
TOTAL
4
1This position will be providing approximately 25% of one FTE.
EXHIBIT C (replace with updated list)
TCC FURNITURE, FIXTURES AND EQUIPMENT
Tempe Community Council, Inc.
Inventory of Fixed Assets
As of June 20, 2018
MOORE-Building
Description
u
a
n
t
i
t
y
Size
Manufacture /Artist
Room
Coalition
and
Education Office
Art
Picture-Desert
Landscape-W est
Wall
36X48
Art
Picture-Desert
Landscape-East Wall
36X48
Art
Picture-Desert
Landscape North Wall
24X36
Furniture
and
Fixtures
Black Office chair
Furniture
and
Fixtures
Wooden Chair
Stickley
Furniture
and
Fixtures
L Shape Desk with
Hutch
Kincaid
Furniture and
Fixtures
2-Drawer
Wooden
Filing Cabinet
unknown
Furniture and
Fixtures
2-Drawer lateral wood
filing cabinet
unknown
Furniture
and
Fixtures
Plant stand with stain
glass
unknown
Furniture and
Fixtures
2 Drawer metal cabinet
in closet
unknown
Fixture
Easel
in zipper pouch
Electronic/IT
Sony Speaker
EXHIBIT D
INSURANCE REQUIREMENTS
TCC and its Subcontractors shall procure and maintain until all of their obligations have
been discharged, including any warranty periods under this Agreement are satisfied, insurance
against claims for injury to persons or damage to property which may arise from or in
connection with the performance of the work hereunder by TCC, its agents, representatives,
employees or Subcontractors.
The insurance requirements herein are minimum requirements for this Agreement and
in no way limit the indemnity covenants contained in this Agreement. The City in no way
warrants that the minimum limits contained herein are sufficient to protect TCC from
liabilities that might arise out of the performance of the work under this Agreement by TCC,
its agents, representatives, employees or Subcontractors and TCC is free to purchase additional
insurance as may be determined necessary.
A.
MINIMUM SCOPE AND LIMITS OF INSURANCE: TCC shall provide
coverage with limits of liability not less than those stated below. An excess liability policy or
umbrella liability policy may be used to meet the minimum liability requirements provided that
the coverage is written on a "following form" basis.
1.
Commercial General Liability - Occurrence Form
Policy shall include bodily injury, property damage and broad form Contractual liability
coverage.
General Aggregate
$2,000,000
Products Completed Operations Aggregate
$1,000,000
Personal and Advertising Injury
$1,000,000
Each Occurrence
$1,000,000
a.
The policy shall be endorsed to include the following additional insured language:
The City of Tempe shall be named as an additional insured with respect to liability arising out of
the activities performed by, or on behalf of TCC.
2.
Automobile Liability
Bodily Injury and Property Damage for any owned, hired, and non-owned vehicles
used in the performance of this Agreement, if any.
Combined Single Limit (CSL)
$1,000,000
The policy shall be endorsed to include the following additional insured language:
"The City of Tempe shall be named as an additional insured with respect to liability arising
out of the activities performed by, or on behalf of TCC, including automobiles owned, leased,
hired or borrowed by TCC".
3.
Worker's Compensation and Employers' Liability Workers' Compensation
Statutory Employers' Liability
Each Accident
Disease - Each Employee Disease
Policy Limit
$100,000
$100,000
$500,000
TCC's Worker's Compensation and Employer's Liability Policy shall apply solely to TCC
employees. Policy shall contain a waiver of subrogation against the City of Tempe. The City of
Tempe shall maintain Worker's Compensation and Employer's Liability Insurance for the Assigned
Employees.
This requirement shall not apply when a Contractor or subcontractor is exempt under
A.R.S. 23-901, AND when such Contractor or subcontractor executes the appropriate sole
proprietor waiver form.
B.
ADDITIONAL INSURANCE REQUIREMENTS: The policies shall include or
be endorsed to include the following provisions:
1.
On insurance policies where the City of Tempe is named as an additional insured,
the City of Tempe shall be an additional insured to the full limits of liability purchased by TCC
even if those limits of liability are in excess of those required by this Agreement.
2.
TCC's insurance coverage shall be primary insurance for the activities of TCC and
non-contributory with respect to all other available sources.
C.
NOTICE OF CANCELLATION: For each insurance policy required by the
insurance provisions of this Agreement, the Contractor must provide to the City, within 2 business
days of receipt, a notice if a policy is suspended, voided or cancelled for any reason. Such notice
shall be mailed, emailed, hand delivered or sent by facsimile transmission to the party receiving
notification pursuant to this Agreement.
D.
ACCEPTABILITY OF INSURERS: Insurance is to be placed with insurers
duly licensed or authorized to do business in the state of Arizona and with an "A.M. Best" rating
of not less than B+ VI. The City in no way warrants that the above-required minimum insurer
rating is sufficient to protect the TCC from potential insurer insolvency.
E.
VERIFICATION OF COVERAGE: TCC shall furnish the City with certificates of
insurance (ACORD form or equivalent approved by the City) as required by this Agreement. The
certificates for each insurance policy are to be signed by a person authorized by that insurer to
bind coverage on its behalf.
All certificates and any required endorsements are to be received and approved by the City
before work commences. Each insurance policy required by this Agreement must be in effect at or
prior to commencement of work under this Agreement and remain in effect for the duration of the
project. Failure to maintain_ the insurance policies as required by this Agreement or to provide
evidence of renewal is a material breach of Agreement.
All certificates required by this Agreement shall be sent directly to the party receiving
notification pursuant to this Agreement. The City Agreement number and project description shall
be noted on the certificate of insurance. The City reserves the right to require complete, certified
copies of all insurance policies required by this Agreement at any time. Do not send Certificates
of Insurance to the City’s Risk Management Division.
F.
SUBCONTRACTORS: TCC's certificate(s) shall include all Subcontractors as
additional insures under its policies or TCC shall furnish to the City separate certificates and
endorsements for each subcontractor. All coverages for Subcontractors shall be subject to the
minimum requirements identified above.
G.
APPROVAL: Any modification or variation from the insurance requirements in
this Agreement shall be made by the Law Department, whose decision shall be final. Such action
will not require a formal Agreement amendment but may be made by administrative action.