Supporting Document (2b2d4d6a...)
Extracted text (via pymupdf)
137844 characters
cmrcoyNGii
REPORT
Item 20
m
mmm
I**
&
Meeting Date:
General Plan Element:
General Plan Goal:
ACTION
May 19,2026
Public Services & Facilities
Provide services to improve neighborhoods and the lives of
Scottsdale residents.
Adopt Resolution No. 13617 approving the recommendations of the Human Services Commission to
be included in the tentative FY 2026/27 budget and authorizing:
1. The allocation of FY 2026/27 Scottsdale Cares Program funding, in the amount of
$180,000, to agencies supporting a variety of human services programs.
2. The allocation of FY 2026/27 General Fund, in the amount up to $34,500, to agencies
supporting a variety of human services programs.
3. The allocation of FY 2026/27 Salt River Pima-Maricopa Indian Community funds, in the
amount of $130,000, supporting home delivered and congregate meals.
4. The Mayor, Deputy City Manager, and Housing and Community Assistance Manager to
take certain actions furthering this resolution.
BACKGROUND
Scottsdale Cares Program
The City of Scottsdale created the Scottsdale Cares Program in 1995 to allow utility bill customers
the opportunity to add a voluntary contribution of $1 per month to their Scottsdale utility bill to
support a variety of human services programs until July 1,2026, when the voluntary contribution
will raise to $2 per month per ordinance 4699. The Scottsdale Cares Program funds activities that
promote positive development of youth, adults, and seniors, and assists all Scottsdale residents who
have crisis needs. Funds av/arded to non-profit agencies through Scottsdale Cares are leveraged
with other agency resources and provide social services to Scottsdale residents.
General Fund
The provision of the General Fund provides opportunities for non-profit organizations who provide
brokerage services (agencies providing services in Scottsdale Human Services facilities), domestic
violence shelter services, legal services, regional shelter services and services for seniors.
•I
AcUon Taken
Blueink Bundle ID; 2TySV5AZXR
Gty Council Report | FY 2026/27 FUNDING AWARDS OF SCOTTSDALE CARES, GENERAL FUND,
ANDSRPMIC.
J
SRPMIC Tribal Gaming Grants
The provisions of the tribal-state ganning compacts developed pursuant to Proposition 202 require
the City and the respective Indian Community to act cooperatively to distribute funds to benefit
Scottsdale area residents. In addition to dirertly receiving funds for city-sponsored programs,
Scottsdale may accept and pass-through funds for local non-profit organizations for specifically
identified services for programs benefiting the public and administered by the non-profit:agency.
ANALYSIS & ASSESSMENT.
Recent Staff Action
The City's Housing and Community Assistance Office solicits proposals from the non-profit
community to deliver services to low-moderate income families through a very comprehensive,
competitive public process. The applications are evaluated and scored by the Human Services
Advisory Commission and are recommended for funding based on key strategic objectives identified
in the City^s Five-Year Consolidated Plan, as well as the identified top Human Services Commission
priorities of Seniors/ Vulnerable Adults, Emergency Assistance to Family and Crisis Case
Management. For FY 2026/27 the Mayor's Youth Council also assisted in scoring the Scottsdale
Cares applications as therewas a focus on positive youth development. The Human Services
Commission independently scores each agency based on specific scoring criteria and makes
recommendations for funding based on the average scores of the agencies.
Community Involvement
This Council Action wi|l allocate funding to a Variety of non-profit agencies in response to the
recommendations of the Human Services Advisory Commission. The Commission was provided with
the opportunity to ask questions about the agencies and their services to assist them In evaluating
the proposal submissions. Preliminary discussion regarding funding recommendations were held on
February 26,2026, and formal funding recommendafions for City Council consideration on March
12, 2026.
The Human Services Commission's final recommendations are summarized below and detailed in
the FY 2026/27 funding recommendations.
Scottsdale Cares Program funding in the amount up to $180,000 to eleven different agencies for
four different activities to support a variety of human services programs.
General Fund in the amount up to $34,500 to two different agencies for two different activities
to support a variety of human service programs.
Page 2 of 4
Blueink Bundle ID: 2TySV5AZXR
Gty Council Report | FY 2026/27 FUNDING AWARDS OF SCOTTSDALE CARES, GENERAL FUND,
AND SRPMIC.
SRPMIC grant funds In the amount of $130,000 to Tempe Community Action Agency for citywide
home delivered and congregate meals.
RESOURCES IMPACTS
The Scottsdale Cares Program FY 2026/27 allocation is uj3 to $180,000. Recommendation of awards
Of Scottsdale Cares funds for programs is up to $180,000. This allocation was planned for and
included in the tentative FY 2026/27 budget.
The General Fund FY 2026/27 allocation is $34,500. Recommendation of awards of General Fund is
$34,500. This allocation was planned for and included in the tentative FY 2026/27 budget.
The SRPMIC Grant FY 2026/27 allocation is $130,000. Recommendation of awards of SRPMIC grant
funds is $130,000. This allocation was planned for and included in the tentative FY 2026/27 budget.
i
OPTIONS & STAFF RECOMMENDATION
Recommended Approach Qption-A
Adopt Resolution No. 13617 approving the recommendations of the Human Services Commission to
be included in the tentative FY 2026/27 budget and authorizing:
1. The allocation of FY 2026/27 Scottsdale Cares Program funding, in the amount of
$180,000, to agencies supporting a variety of human services programs.
2. The allocation of FY 2026/27 General Fund, in the amount up to $34,500, to agencies
supporting a variety of human services programs.
3. The allocation of FY 2026/27 Salt River Pima-Maricopa Indian Community funds, in the
amount of $130,000, supporting home delivered and congregate, meals.
4. The Mayor, Deputy City Manager, and Community Assistance Manager to take certain
actions furthering this resolution.
Description of Option B
Do not adopt Resolution No. 13617, which would result in not approving the allocation of Scottsdale
Cares, General Funds and Salt River Pima Maricopa Indian Community funds to non-profit agencies
for FY 2026/2027.
Proposed Next Steps
Upon Resolution No. 13617 approval, staff will negotiate contracts with agencies that have been
awarded FY2G26/2027 Scottsdale Cares, General Funds and Salt River Pima Maricopa Indian
Community funding.
RESPONSIBLE DEPARTMENT(S)
Page 3 of 4
■V
Blueink Bundle ID: 2TySV5AZXR
aty Council Report | FY 2026/27 FUNDING AWARDS OF SCOTTSDALE CARES, GENERAL FUND,
ANDSRPMIC.
Library and Human Services / Housing and Community Assistance
STAFF GONTACTCS)
Mary Witkofski, Interim Human Services Director, mwitkofski(5)scottsdaleaz.gov. 480-312-2479
Chad Beougher, Housing Supervisor, cbeougher@scottsdaleaz.gov. 480-312-742
Approved By
Kira, 9^
5/1/26
Kira Peters, Deputy City Manager
480-312-0104, kpeters@scottsdaleaz.gov
Date
ScatStik
4/30/26
Scott Selin, Budget Director
Date
(For Financial Policies Compliance and Budget Appropriation)
480-312-2603, sselin@scottsdaleaz.eov
Q/iz^Ca^
4/30/26
Greg Caton, City Manager
480-312-7759, gcaton@scottsdaleaz.gov
Date
ATTACHMENTS
1. Resolution No. 13617
Page 4 of 4
Blueink Bundle ID; 2TySV5AZXR
RESOLUTION NO. 13617
A RESOLUTION OF THE COUNCIL OF THE CITY OF SCOTTSDALE.
MARICOPA COUNTY, ARIZONA, APPROVING THE RECOMMENDATIONS OF
THE HUMAN SERVICES DEPARTMENT AND ALLOCATING FY 2026/27
SCOTTSDALE CARES FUNDS, ENDOWMENT FUNDS, GENERAL FUND, AND
SRPMIC FUNDS FOR HUMAN SERVICES PROGRAMS, AND AUTHORIZING
THE EXECUTION OF CONTRACTS.
WHEREAS, the Scottsdale Cares Utility Bill Donation Program (Scottsdale Cares) has
received donations and interest income up to $180,000 available to agencies supporting a
variety of human services programsi:
WHEREAS, the City received tribal gaming grant funds from the Salt River Pima-
Maficopa Indian Community (SRPMIC) for government services that benefit the general public
and has made available $130,000 to fund home delivered arid congregate meals;
WHEREAS, the City has General Fund funding up to $34,500 for agencies supporting
a variety of human services programs;
WHEREAS, the Human Services Department conducted a public process to solicit
proposals by agencies seeking funding for human sen/ices programs and services for
Scottsdale residents;
WHEREAS, based upon the proposals the Human Services Department recommended
that Scottsdale Cares, Endowment, General and SRPMIC funds be allocated to the agencies
and in the amounts shown on Exhibit A and B to this Resolution; and
WHEREAS, the City Council believes that funding the agencies shown on Exhibit A
and B, in the amounts shown, is appropriate and in the best interests of those Scottsdale
residents in need of the human services programs and services that the agencies provide;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Scottsdale,
Maricopa County, Arizona, as follows:
Section 1. The City Council hereby approves allocating funding to the non-profit agencies
as listed and in the amounts shown in Exhibit A and B to this Resolution, which is incorporated
herein by this reference and may be adjusted as needed to reflect final funding amounts, for
programs and services provided in FY 2026/27., Such allocations are subject to each agency's
successful performance of its obligations under the contracts executed with the City. The City
Council further approves the City entering into contracts with the identified non-profit agencies, to
be effective July 1, 2025 subject to final negotiation of scopes of work.
Section 2. The Human Services Director or designee is hereby authorized to execute, on
behalf of the City, contracts with the agencies for programs and services that do not exceed the
formal bid limit of $50^000. These contracts shall substantially conform to the form attached as
Exhibit C to this Resolution.
19123309
Resolution No. 13617
Page 1 of 2
ATTACHMENT 1
Section 3. The Mayor is hereby authorized and directed to execute, On behalf of the City,
contracts with agencies for services and programs that exceed the current formal bid limit of
$50,000. These contracts shall substantially conform to the form attached as Exhibit D to this
resolution.
Section 4. If any final funding amounts are different from the amounts estimated in this
Resolution and corresponding exhibit, the City Council authorizes the City's Housing and
Community Assistance Manager to adjust each organization's recommended funding award by
the appropriate percentage.
Section 5. The City Council hereby authorizes the Human Services Director or designee
to execute any other documents and take such other actions as are necessary to carry out the
intent of this Resolution.
PASSED AND ADOPTED by the Council of the City of Scottsdale, Maricopa County,
Arizona this_ ___ day of_______ 2026.
ATTEST:
CITY OF SCOTTSDALE, an
Arizona municipal corporation
Lisa Borowsky, Mayor
Ben Lane, City Clerk
APBROVEOAS TO FORM:
^ntaella. City Attorney
By: Jennifer Fernandez, Assistant City Attorney
19123309
Resolution No. 13617
Page 2 of 2
CITY OF SCOTTSDALE
FUNDING RECOMMENDATIONS FOR FY 2026/27
SCOTTSDALE CARES, GENERAL FUNDS AND SALT. RIVER SALT RIVER PIMA MARICOPA INDIAN COMMUNITY (SRPMIC) AND GAMING GRANTS
SCOTTSDALE CARES
?180,000
Best Buddies International, Inc.
Community Legal Services
Duet: Partners In Health & Aging
Encircle Families
Family Promise of Greater Phoenix
Homeiess Youth Connection
Phoenix Rescue Mission
Scottsdale Community Partners
Scottsdale Recovery Continued incorporated
Best BuddiesFriendship Project
Legal Advocacy, Education for Low-Income Scottsdale Residents
Vital Services to Prevent Senior Homeiessness
Mentoring and Support Program for Scottsdale Families
Step-Up Housing
Empowering Youth for the Future
Street Outreach - Hoitie|ess Navigation & DiversionTool Kits
EmergencyiMortgage and Rental Assistance Program
Housing Program
Scottsdale Training and Rehabilitation Services Inc (STAR Day Training for Adults (DTA)
Valley of the Sun YMCA
Employee U: Scottsdale Teen Workforce Readiness Program
Total Scottsdale Cares
GENERAL FUNDS
$34,500
Partners for Paiute Emergency. Assistance
Funding Program Scottsdale Community Partners
Program
Total General Funds
Emergency Gap
Brown Bag Food
SRPMIC
$130,000
8,000
18,500
20,000
8,500
20,000
15,000
10,000
20,000
20,000
20,000
20,000
180,000
19,500
15,000
34,500
Tempe Community Action Agency
TotalSRPMIC
Senior Nutrition (Congregate and Meals on Wheels) Programs
130,000
130,000
19123309
Exhibit A
Resolution No. 13617
Page 1 of 1
CITY OF SCOTTSDALE
PROJECTS RECOMMENDED FOR FY 2026/27 FUNDING
SCOTTSDALE CARES - $180.000
Best Buddies International, Inc. - Best Buddies Friendship Project - $8,000
Provides social and recreational activitiesthat allow youth and adults with IDD -including but not
limited to Autism Spectrum Disorder, Down syndrome, cerebral palsy, and Fragile X syndrome -
to benefit from meaningful interactions with typical peers and practice critical social and
communication skills that aid their future independence.
Community Legal Services, Inc - Legal Advocacy and Education for Low income Scottsdale
Residents - $18,500
Provide lawyers at no cost to resolve critical civil legal problems for low-income individuals.
Services help individuals/families facing loss of their basic needs and results are unduplicated,
measurable and evidenced-based.
Duet: Partners In Health 8t Aging - Vital Services to Prevent Senior Homelessness - $20,000
The program is designed to improve the health, wellbeing, safety, social interactions, and quality
of life of older Scottsdale adults, and to ensure they never experience homelessness by providing
risk assessment, financial emergency rent/utility assistance and compassionate coaching in
money management and tenant rights and responsibilities.
Encircle Families- Mentoring and Support Program for Scottsdale Families - $8,500
The program helps families With children who have disabilities or special healthcare needs by
connecting them to resources and services. The program strengthens families' understanding of
their child's diagnosis, enhances parenting skills, and empowers parents and caregivers to
advocate effectively for referrals in medical and educational environments.
Family Promise Greater Phoenix - Step-Up Housing - $20,000
The Step-Up Housing Program in Scottsdale, a re-branding of the Bridges Program, provides
families who have completed our Emergency Shelter Program with up to three months of
affordable apartment-style housing, serving as a bridge to permanent housing.
Homeless youth Connection - Empowering Youth for the Future - $15,000
The program is a comprehensive social services program that engages youth experiencing
homelessness in trauma-informed, client-led, strengths-based interventions.
Phoenix Rescue Mission - Street Outreach - Homeless Navigation 8i Diversion Too) Kit - $10,000
The program connects people experiencing homelessness with critical services and resources,
offering basic needs, case management, and referrals to housing, recovery programs, and more.
Toolkits help people obtain IDS, birth certificates, social security cards, and other vital personal
documents.
19123309
Exhibit B
Resolution No. 13617
Page 1 of 2
Scottsdale Community Partners - Emergency Mortgage and Rent Assistance - $20,000
Funding will supply financial assistance for housing stabilization to those at risk of eviction or
foreclosure due to financial crisis.
Scottsdale Recovery Continued Incorporated - Housing Program - $20,000
The program will provide a continuum of care for adults experiencing or at risk of homelessness,
including detox, residential, outpatient, and SDoH services. Funding will fill gaps by providing
Employment Readiness Kits (items needed to secure employment). Welcome Home Kits (items
needed to remain housed), and flexible financial assistance.
Scottsdale Training and Rehabilitation Services - Day Training for Adults (DTA) - $20,000
The program provides adults with intellectual and developmental disabilities opportunities to
build confidence, independence, and community connection through creative, recreational, and
life-skills activities. Participants engage in cooking, arts, music, fitness, theatre, and weekly
community outings that strengthen social, communication, and daily living skills.
Valley of the Sun YMCA - Employee U: Scottsdale Teen Workforce Readiness Program - $20,000
The program is an established 8-week workforce readiness program for teens ages 14-18,
successfully operated at the Ahwatukee Foothills Family YMCA in Phoenix since 2011. The
funding will help expand the program to our Scottsdale and Desert Foothills branches, serving 40
youth each summer.
GENERAL FUNDS-$34.500
Partners for Paiute Emergency Assistance - Emergency Gap Funding Program - $19,500
The program will aid and support low-income residents who are at risk of becoming unhoused,
unemployed and/or unable to cover emergency medical expenses.
Scottsdale Community Partners - Brown Bag Food Program - $15,000
Funding will provide food supplementation for vulnerable, food insecure seniors and disabled
adults.
SALT RIVER PIMA-MARICOPA INDIAN COMMUNITY fSRPMIC) - $130.000
Tempe Community Action Agency - Senior Nutrition - Congregate Meals & Home Delivered
Meals - $130,000
Funding will provide congregate meals for food-insecure seniors and adults with disabilities at
the Granite Reef Senior Center. Funding will also distribute Home Delivered Meals to Seniors in
Scottsdale.
19123309
Exhibit B
Resolution No. 13617
Page 2 of 2
Contract No. 2026-XX-COS
General/Scottsdale Cares/Endowment/SR PM 1C
(Professional Services Agreement up to & including $50,000)
CITY OF SCOTTSDALE
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT ("Agreement"), made and entered into this___day of,
2026, by
and between the City of Scottsdale, an Arizona municipal corporation ("City") and
............. ^ Arizona non-profit corporation, referred to as "Agency".
WITNESSETH
1.
Article 8, Section 1 of the Scottsdale City Charter provides that all contracts shall
be executed in the name of the City by the Mayor, except as provided by the charter or by law.
2.
Scottsdale Revised Code Section 2-180 provides that except as otherwise
provided in the Code the City Purchasing Director ("Director") shall procure all materials, services
and construction required by any department, in accordance with the provisions of the Code, and
that the Director may delegate such authority to a department of the City.
3.
Pursuant to Procedure P2-180.2 of the Procurement Code the Director has
delegated the procurement of customary and routine human services activities, such as those
which are the subject of this Agreement, to the Senior Director of Libraries and Human
Services or appointed designee. The duties of Senior Director of Libraries and Human
Services are currently being completed by Kira Peters.
4.
The Agency is qualified to provide services the City is seeking, the City Council
has approved the funding of the services and both parties desire to enter into an agreement
setting forth the terms and conditions under which the services will be provided.
In consideration of the mutual promises and obligations stated in this Agreement, the
parties agree as follows:
TERMS
1.0 DESCRIPTION, ACCEPTANCE, DOCUMENTATION
Agency shall act under the authority and approval of the Contract Administrator for the
City, as designated within this Agreement, to provide the professional services required
by this Agreement.
1.1
SERVICE DESCRIPTION
The Scope of Work for this activity is included in Exhibit A, attached, which is incorporated
in this Agreement by this reference.
1.2
PERFORMANCE EVALUATION, ACCEPTANCE AND DOCUMENTATION
A. The Agency is required to provide a report with each billing identified in Section 2.2 of
this Agreement. The criteria used in evaluating the Agency's performance of this
Agreement shall include, but not be limited to:
19132360
Exhibit C
Resolution No. 13617
Page 1 of 28
Contract No. 2026-XX-COS
General/Scottsdale Cares/Endowment/SRPMIC
(Professional Services Agreement up to & including $50,000)
1.
Progress toward meeting units of service, detailed in Exhibit A - Scope of
Work.
2.
Number of unduplicated individuals served.
3.
Demographic information, if available, by race, ethnicity, income, age, sex
and zip code.
4.
Submission of accurate and complete supporting documentation that
substantiates the payment request and that is in accordance with the
Scope of Work and program budget.
B. The City may, at its discretion, require the Agency to include other items of specific
information to be contained in the reports.
C. Each report must be reviewed and approved by the Contract Administrator or
designee to determine acceptable completion.
D. The City will provide Exhibits B, C and D of this Agreement in electronic form to the
Agency for use in completing the tasks specified within this Agreement.
2.0
BILLING RECORDS, AUDIT, FEES
2.1
BILLING RECORDS, AUDIT
Agency shall maintain all books, papers, documents, accounting records and other
evidence pertaining to the services performed in the Scope of Work (Exhibit A) and make
such materials available for audit by the City pursuant to Section 4.7 of this Agreement.
2.2
FEE SCHEDULE
The amount paid to Agency under this Agreement shall not exceed
____________________dollars ($_____________ ), which includes all authorized expenses,
as shown in Exhibit B, attached, which is incorporated in this Agreement by this reference, as if
fully set forth herein. City shall utilize funds from [FUNDING SOURCE] when making payments
under this Agreement.
Payment shall be made on a reimbursement basis only and in such amounts and
increments as may be approved by the City following submission by Agency of a proper request
for payment, including applicable, accurate, and complete supporting documentation that
substantiates the payment request and that is in accordance with the Scope of Work and
program budget. Payment request and performance reporting are required to be submitted
quarterly, on the dates shown below, under this Agreement. Documents and forms to be used
for billing are attached in Exhibit B.
The Agency shall bill according to the following schedule, using the invoice template
shown in Exhibit B: October 15, 2026, January 15, 2027, April 15, 2027 and July 8, 2027.
2.3 PAYMENT APPROVAL
All invoices must be approved by Contract Administrator, or designee, prior to payment.
19132360
Exhibit C
Resolution No. 13617
Page 2 of 28
Contract No. 2026-XX-COS
General/Scottsdale Cares/Endowment/SRPMIC
(Professional Services Agreement up to & including $50,000)
The October 15'^ payment will be made subject to receipt by the Contract
Administrator of; (1) a report for July 1st- September 30th showing satisfactory
progress toward meeting units of service, detailed in Exhibit A-Scope of Work; (2)
submission of accurate and complete supporting documentation that substantiates the
payment request and that is in accordance with the Scope of Work, program budget
and Exhibit B and (3) documentary evidence that the insurance required by this
Agreement is and will be in effect through June 30, 2027.
The January 15“’ payment will be made subject to receipt by the Contract
Administrator of: (1) a report for October 1st - December 31^‘ showing satisfactory
progress toward meeting units of service, detailed in Exhibit A-Scope of Work; (2)
submission of accurate and complete supporting documentation that substantiates the
payment request and that is in accordance with the Scope of Work, program budget
and Exhibit B and (3) documentary evidence that the insurance required by this
Agreement is and will be in effect through June 30, 2027.
The April 15^ payment will be made subject to receipt by the Contract
Administrator of: (1) a report for January 1®* - March 31®‘ showing satisfactory progress
toward meeting units of service, detailed in Exhibit A-Scope of Work; (2) submission of
accurate and complete supporting documentation that substantiates the payment
request and that is in accordance with the Scope of Work, program budget and Exhibit
B and (3) documentary evidence that the insurance required by this Agreement is and
will be in effect through June 30, 2027.
The June 15*^ payment will be made subject to receipt by the Contract
Administrator of. (1) a report for April 1st - June 15th showing satisfactory progress
toward meeting units of service, detailed in Exhibit A-Scope of Work; (2) subrnission of
accurate and complete supporting documentation that substantiates the payment
request and that is in accordance with the Scope of Work, program budget and Exhibit
B and (3) documentary evidence that the insurance required by this Agreement is and
will be in effect through June 30, 2027.
3.0 TERM, EXTENSION, TERMINATION
3.1
TERM AND EXTENSION
The term of this agreement shall be from July 1, 2026 through June 30, 2027.
3.2
TERMINATION
Termination for Convenience: City reserves the right to terminate this Agreement or any
part of this Agreement for its sole convenience with thirty (30) days’ written notice. In the
event Of any termination. Agency must immediately stop all work arid must immediately
cause any of its suppliers and subcontractors to cease all work. As compensation in full
for services performed to the date of such termination, the Agency will receive a fee for
19132360
Exhibit C
Resolution No. 13617
Page 3 of 28
Contract No. 2026-XX-COS
General/Scottsdale Cares/Endowment/SRPMIC
(Professional Services Agreement up to & including $50,000)
the percentage of services actually completed. This fee will be in the amount to be
mutually agreed upon by the Agency and the City, based on the agreed Scope of Work.
If there is no mutual agreement, the Contract Administrator will determine the percentage
of completion of each task detailed in the Scope of Work and the Agency's compensation
will be based upon such determination. The City will make this final payment within sixty
(60) days after the Agency has delivered the last of the partially completed items. Agency
will not be paid for any work done upon receipt of the notice of termination, nor for any
costs incurred by Agency’s suppliers or subcontractors, which Agency could reasonably
have avoided.
Cancellation for Cause: City may also cancel this Agreement or any part of it with seven
(7) days’ notice for cause in the event of any default by the Agency, or if the Agency fails
to comply with any of the terms and conditions of this Agreement. Unsatisfactory
performance as judged by the Contract Administrator, and failure to provide City, upon
request, with adequate assurances of future performance will all be causes allowing City
to cancel this Agreement for cause. In the event of cancellation for cause. City will not be
liable to Agency for any amount, and Agency will be liable to City for any and all damages
sustained by reason of the default which gave rise to the cancellation.
In the event Agency is in violation of any Federal, State, County or City law, regulation, or
ordinance, the City may cancel this Agreement immediately upon giving notice to the
Agency.
If the City cancels this Agreement or any part of the Agreement services, the City will
notify the Agency in writing, and upon receiving notice, the Agency shall discontinue
advancing the work and proceed to close all operations.
Upon cancellation, the Agency must deliver to the City all drawings, special provisions,
reports, and other documents, entirely or partially completed, in any format, including but
not limited to written or electronic media, together with all unused materials supplied by
the City. Use of incomplete data will be at the City’s sole responsibility.
The Agency shall appraise the work it has completed and submit its appraisal to the City
for evaluation. At that time, the Agency will be entitled to be paid for work performed and
accepted by the City before the default.
If the Agency fails to fulfill in a timely and proper manner its obligations, or if the Agency
violates any of the terms of this Agreement, the City may withhold any payments to the
Agency for the purpose of setoff until the exact amount of damages due the City from the
Agency is determined by a court of competent jurisdiction.
If the City improperly cancels the Contract for cause, the cancellation for cause will be
converted to a termination for convenience.
3.3 FUNDS APPROPRIATION
If the City Council does not appropriate funds to continue this Agreement and pay for
charges, the City may terminate this Agreement at the end of the current fiscal period.
The City agrees to give written notice of termination to the Agency at least 30 days before
19132360
Exhibit C
Resolution No. 13617
Page 4 of 28
Contract No. 2b26-XX-COS
General/Scottsdale Cares/Endowment/SRPMIC
(Professional Services Agreement up to & including $50,000)
the end of its current fiscal period and will pay to the Agency all approved charges incurred
through the end of this period.
4.0 GENERAL TERMS
4.1
ENTIRE AGREEMENT
This Agreement constitutes the entire understanding of the parties and supersedes all
previous representations, written or oral, with respect to the services specified. This
Agreement may not be modified or amended except by a written document, signed by
authorized representatives or each party.
4.2
ARIZONA LAW
This Agreement shall be governed and interpreted according to the laws of the State of
Arizona.
4.3
MODIFIGATIONS
Any amendment, modification or variation from the terms of this Agreement must be in
Writing and will be effective only after approval of all parties signing the original Agreement.
4.4
ASSIGNMENT
Services covered by this Agreement may not be assigned or sublet in whole or in part
without first obtaining the written consent of the Contract Administrator.
4.5
SUCCESSORS AND ASSIGNS
This Agreement extends to and is binding upon Agency, its successors and assigns,
including any individual, company, partnership or other entity with or into which Agency
merges, consolidates or is liquidated, or any person, corporation, partnership or other
entity to which Agency sells its assets.
4.6
CONTRACT ADMINISTRATOR
The Contract Administrator for the City shall be the Community Assistance Manager or
designee. The Contract Administrator will oversee the execution of this Agreement, assist
the Agency in accessing the organization, audit billings, approve payments, establish
delivery schedules, approve addenda, and assure Certificates of Insurance are in the
City’s possession and are current and conform to the Agreement requirements. The
Agency must, channel reports and special requests through the Contract Administrator.
The Agency shall complete and provide to the City a completed Exhibit D, listing the
Agency’s designated contract representatives who shall be responsible for project
management, financial reporting, and performance reporting under this Agreement. The
designated contract representative(s) having signature authority for the Agency shall be
indicated on Exhibit D. The Agency shall submit a revised Exhibit D to the City within
thirty (30) days of any change.
19132360
Exhibit C
Resolution No. 13617
Page 5 of 28
Contract No. 2026-XX-COS
General/Scottsdale Cares/Endowment/SRPMIC
(Professional Services Agreement up to & including $50i000)
4.7
RECORDS AND AUDIT RIGHTS
The City may audit all of the Agency’s records, calculations, and working documents
pertaining to this work at a mutually agreeable time and place.
Agency's records (hard copy, as well as computer readable data), and any other
supporting evidence considered necessary by the City to substantiate charges and claims
related to this Agreement must be open to inspection and subject to audit and/or
reproduction by City's authorized representative to the extent necessary to adequateiy
permit evaluation and verification of cost of the work, and any invoices, change orders,
payments or claims submitted by the Agency or any of his payees in accordance with the
execution of the Agreement. The City's authorized representative must be afforded
access, at reasonable times and places, to all of the Agency's records and personnel in
accordance with the provisions of this section throughout the term of this Agreement and
for a period of three years after last or final payment.
Agency shall require all subcontractors, insurance agents, and material suppliers (payees)
to comply with the provisions of this section by insertion of the requirements in a written
contract agreement between Agency and payee. These requirements will also apply to
any and all subcontractors.
If an audit, in accordance with this section, discloses overcharges, of any nature, by the
Agency to the City in excess of one percent (1 %) of the total contract billings, the actual
cost of the City's audit must be reimbursed to the City by the Agency. Any adjustments
and/or payments which must be made as a result of any such audit or inspection of the
Agency's invoices and/or records must be made within a reasonable amount of time (not
to exceed 90 days) from presentation of City's findings to Agency.
4.8
ATTORNErS FEES
In the event either party brings any action for any relief, declaratory or otherwise, arising
out of this Agreement, or on account of any breach or default, the prevailing party shall be
entitled to receive from the other party reasonable attorneys' fees and reasonable costs
and expenses, determined by the court sitting without a jury, which will be considered to
have accrued on the commencement of the action and will be enforceable whether or not
such action is prosecuted to judgment.
4.9
INDEPENDENT CONTRACTOR
The services the Agency provides under the terms of this Agreement to the City are that
of an independent contractor, not an employee, or agent of the City. The City will report
the value paid for these services each year to the Internal Revenue Service (I.R.S.) using
Form 1099.
Withholding of income tax is not deducted from contractual payments unless required
under federal or state law. As a result of this. Agency may be subject to I.R.S. provisions
for payment of estimated income tax. Agency is responsible for consulting the local I.R.S.
office for current information on estimated tax requirements. Failure to comply may
subject Agency to a penalty.
19132360
Exhibit C
Resolution No. 13617
Page 6 of 28
Contract No. 2026-XX-COS
General/Scottsdale Gares/Endowment/SRPMIC
(Professional Services Agreement up to & including $50,000)
4.10 CONFLICT OF INTEREST
The Agency warrants that it has not employed or retained any company or person, other
than a bona fide employee working solely for the Agency, to solicit or secure this
Agreement, and that it has not paid or agreed to pay any person or persons, other than a
bona fide employee working solely for the Agency any fee, commission, percentage,
brokerage fee, gifts or any consideration, contingent upon or resulting from the award or
making of this Agreement. For breach or violation of this warranty, City will have the right
to cancel this Agreement without liability or in its discretion to deduct from the contract
price or consideration, or othenwise recover the full amount of any fee, commission,
percentage, brokerage fee, gift or contingent fee, together with costs and attorney’s fees,
The City may cancel any contract or agreement, without penalty or obligation, if any
person significantly involved in initiating, negotiating, securing, drafting or creating the
Agreement on behalf of the City’s departments or agencies is, at any time while the
Agreement or any extension of the Agreement is in effect, an employee of any other party
to the Agreement in any capacity or a consultant to any other party to the Agreement with
respect to the subject matter of the Agreement. The cancellation shall be effective when
Written notice from the City is received by all other parties to the Agreement, unless the
notice specifies a later time (A.R.S. §38-511).
4.11 NOTICES
All notices or demands required to be given in accordance with the terms of this
Agreement shall be given to the other party in writing, delivered by hand or registered or
certified mail, at the addresses set forth below, or to such other address as the parties
may substitute by written notice given in the manner prescribed in this section.
In the case of Agency; ___________________________________
In the case of City:
City of Scottsdale
Paiute Neighborhood Center
6535 E Osborn Rd., Bldg. #8
Scottsdale, Arizona 85251
Attention: Housing and Community Assistance Manager
Notices will be considered received on date delivered, if delivered by hand, and on the
delivery date indicated on receipt, if delivered by certified or registered mail. Notice by
facsimile or electronic mail is not adequate notice.
4.12 FORCE MAJEURE
Neither party shall be responsible for delays or failures in performance resulting from, acts
beyond their control. These acts include, but are not limited to, acts of God, riots, acts of
19132360
Exhibit C
Resolution No. 13617
Page 7 of 28
Contract No. 2026-XX-COS
General/Scottsdale Cares/Endowment/SRPMIC
(Professional Services Agreement up to & including $50,000)
war, epidemics, governmental regulations imposed after the fact, fire, communication line
failures, or power failures.
4.13
TAXES
The fee listed in this Agreement includes all taxes applicable to the services authorized.
The City will have no obligation to pay additional amounts for taxes of any type.
4.14
ADVERTISING
No advertising or publicity concerning the City using the Agency's services shall be
undertaken without prior written approval of such advertising or publicity by the City
Contract Administrator.
4.15
COUNTERPARTS
This Agreement may be executed in one or more counterparts, and each originally
executed duplicate counterpart of this Agreement will be considered to possess the full
force and effect of the original.
4.16
CAPTIONS
The captions used in this Agreement are solely for the convenience of the parties, do not
constitute a part of this Agreement and are not to be used to construe or interpret this
Agreement.
4.17
SUBCONTRACTORS
During the performance of the Agreement, the Agency may engage any additional
subcontractors as may be required for the timely completion of this Agreement. The
addition of any subcontractors requires that the Agency first obtain the approval of the
City.
In the event of subcontracting, the sole responsibility for fulfillment of all terms and
conditions of this Agreement rests with the Agency.
The Agency will pay its subcontractors within seven (7) calendar days of receipt of each
progress payment from the City. The Agency will pay for the amount of the work
performed by each subcontractor as accepted and approved by the City with each
progress payment. In addition, any reduction of retention, if any, by the City will result in
a corresponding reduction to subcontractors who have performed satisfactory work. The
Agency will pay subcontractors the reduced retention within 14 calendar days of the
payment of the reduction of the retention to the Agency. No Contract between the Agency
and its subcontractors may materially alter the rights of any subcontractor to receive
prompt payment and retention reduction as provided in this Agreement.
19132360
Exhibit C
Resolution No. 13617
Page 8 of 28
Contract No. 2026-XX-COS
General/Scottsdale Gares/Endowment/SRPMIC
(Professional Services Agreement up to & including $50,000)
If the Agency fails to make payments in accordance with these provisions, the City may
take any of one or more of the following actions and the Agency agrees that the City may
take these actions:
A. To hold the Agency in default under this Agreement;
B. Withhold future payments including retention until proper payment has been
made to subcontractors in accordance with these provisions;
C. Reject all future offers to perform work for the City from the Agency for a period
not to exceed one (1) year from the completion date of this piroject; or
D. Terminate this Agreement.
4.18 CHANGES IN THE WORK
The City may at any time, as the need arises, order changes within the scope of the work
without invalidating the Agreement. If any changes increase or decrease the amount due
under the Agreement documents, or in the time required for performance of the work, an
equitable adjustment will be authorized by written Change Order.
The City will execute a formal Change Order based on detailed written quotations from
the Agency for work-related changes and/or a time of completion variance. All Charige .
Orders are subject to approval by the City.
Contract Change Orders are subject to the Rules and Procedures within the City’s
Procurement Code.
4.19
USE OF CITY FACILITY OR PROPERTY.
In the event that the services to be provided by the Agency, pursuant to this Agreement,
as described in Exhibit A, attached, are to be provided at or from a City facility, or oh City
property, the Agency will execute a revocable license agreement, prepared by the City,
relating to the use of the facility or property. If a revocable license agreement is required
by the City, its execution by the Agency will be a condition precedent to this Agreement.
4.20
COMPLIANCE WITH FEDERAL AND STATE LAWS
The Agency understands and acknowledges the applicability to it of the Americans with
Disabilities Act, the Immigration Reform and Control Act of 1986, and the Drug Free
Workplace Act of 1989. In addition, the Agency understands and acknowledges the
applicability of A.R.S. §§34-301 and 34-302. The Agency shall include the terms of this
provision in all contracts and subcontracts for work performed under this Agreement
including supervision and oversight. ,
4.21
IMMIGRATION LAW COMPLIANCE
Under the provisions of A.R.S. §41-4401, the Agency warrants to the City that the Agency
and all its subcontractors will comply with all Federal Immigration laws and regulations
19132360
Exhibit C
Resolution No. 13617
Page 9 of 28
Contract No. 2026-XX-COS
General/Scottsdale Cares/Endowment/SRPMIC
(Professional Services Agreement up to & including $50,000)
that relate to their employees and that the Agency and all its subcontractors now comply
with the E-Verify Program under A.R.S. §23-214(A).
A breach of this warranty by the Agency or any of its subcontractors will be considered a
material breach of this Agreement and may subject the Agency or subcontractor to
penalties up to and including termination of this Agreement or any subcontract. The
Agency will take appropriate steps to assure that all subcontractors comply with the
requirements of the E-Verify Program. The City may consider it a material breach of this
Agreement if the Agency fails to assure compliance by all its subcontractors with the E-
Verify Program.
The City retains the legal right to inspect the papers of any employee of the Agency or
any subcontractor who works on this Agreement to ensure that the Agency or any
subcontractor is complying with the warranty given above.
The City may conduct random verification of the employment records of the Agency and
any of its subcontractors to ensure compliance with this warranty. The Agency agrees to
indemnify, defend and hold the City harmless for, from, and against all losses and liabilities
arising from any and all violations of these statutes.
The City will not consider the Agency or any of its subcontractors in material breach of
this Agreement if the Agency and its subcontractors establish that they have complied
with the employment verification provisions prescribed by 8 U.S.C.A. §1324(a) and (b) of
the Federal Immigration and Nationality Act and the E-Verify requirements prescribed by
A.R.S. § 23-214(A).
The “E-Verify Program” means the employment verification pilot program as jointly
administered by the United States Department of Homeland Security and the Social
Security Administration or any of its successor programs.
The provisions of this section must be included in any contract the Agency enters into with
any and all of its subcontractors who provide services under this Agreement or any
subcontract. “Services" are defined as furnishing labor, time or effort in the State of
Arizona by a contractor or subcontractor. Services include construction or maintenance
of any structure, building, or transportation facility or improvement to real property. The
Agency will take appropriate steps to assure that all subcontractors comply wih the
requirements of the E-Verify Program. The Agency’s failure to assure compliance by all
its subcontractors with the E-Verify Program may be considered a material breach of this
Agreement.
4.22 LAWFUL PRESENCE IN THE UNITED STATES FOR PERSONS
A.R.S. §1-502 requires that all Persons who will be awarded a contract and apply for
public benefit must demonstrate through a signed affidavit and the presentation of a copy
of documentation that verifies that they are lawfully present in the United States. A.R.S.
§1-504 requires using the Systematic Alien Verification for Entitlements (SAVE) service
to verify the identity and immigration status of applicants for public benefits who are not
citizens or nationals of the United States.
19132360
Exhibit C
Resolution No. 13617
Page 10 of 28
Contract No. 2026-XX-COS
General/Scottsdale Cares/Endowment/SRPMIC
(Professional Services Agreement up to & including $50,000)
By entering into this Agreement, Agency is agreeing to abide by A.R.S. §§1-502 and 504
and require applicants of public benefits to submit the required documentation and
affidavit, and as required by A.R.S. §1-504, use SAVE to document the applicant’s lawful
presence in the United States. Agency shall not provide public benefits to an applicant
that does not demonstrate lawful presence in the United States.
4.23
COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT
Agency acknowledges that, pursuant to the Americans with Disabilities Act (ADA),
programs, services, and other activities provided by a public entity to the public, whether
directly or through a contractor, must be accessible to the disabled public. Agency will
provide the services specified in this Agreement in a manner that complies with the ADA
and any and all other applicable federal, state, and local disability rights legislation.
Agency agrees not to discriminate against disabled persons in the provision of services,
benefits, or activities provided under this Agreement and further agrees that any violation
of this prohibition on the part of Agency, its employees, agents, or assigns will constitute
a material breach of this Agreement.
4.24
NO PREFERENTIAL TREATMENT OR DISCRIMINATION
In accordance with the provisions of Article II, Section 36 of the Arizona Constitution, the
City will not grant preferential treatment to or discriminate against any individual or group
on the basis of race, sex, color, ethnicity or national origin.
4.25
INDEMNIFICATION
To the fullest extent permitted by law, Agency, its successors, assigns and guarantors,
must defend, indemnify and hold harmless City, its agents, representatives, officers,
directors, officials and employees from and against all allegations, demands, proceedings,
suits, actions, claims, damages, losses, expenses, including but not limited to, attorney
fees, court costs, and the cost of appellate proceedings, and all claim adjusting and
handling expense, related to, arising from or out of, or resulting from any act or omission,
negligence, recklessness, or intentional wrongful conduct by Agency in the performance
of this Agreement, including but not limited to, any subcontractor or anyone directly or
indirectly employed by any of them or anyone for whose acts any of them may be liable
and any injury or damages claimed by any of Agency's and subcontractor's employees.
Insurance provisions stated in this Agreement are separate and independent from the
indemnity provisions of this section and shall not be construed in any way to limit the
scope and magnitude of the indemnity provisions. The indemnity provisions of this section
shall not be construed in any way to limit the scope and magnitude and applicability of the
insurance provisions.
4.26
OWNERSHIP OF PROJECT DOCUMENTS
All documents, including but not limited to notes, records, data compilations, studies, and
reports in any format, including but not limited to, written or electronic media, prepared in
the performance of this Agreement will remain the property of the City and must be
delivered to the Contract Administrator before final payment is made to the Agency.
19132360
Exhibit C
Resolution No. 13617
Page 11 of 28
Contract No. 2G26-XX-COS
General/Scottsdale Cares/Endowment/SRPMIC
(Professional Services Agreement up to & including $50,000)
When the work detail covers only the preparation of preliminary reports or documents,
there will be no limitations upon the City concerning use of the ideas or recommendations
in the reports or documents. The City will release the Agency from any liability for the
preparation and use of preliminary reports or documents.
4.27
COMPLETENESS AND ACCURACY
The Agency will be responsible for the completeness and accuracy of work prepared by
the Agency and shall correct, at its expense, all errors or omissions which may be
disclosed. The cost to correct those errors shall be chargeable to the Agency. Additional
work or construction added to the project shall not be the responsibility of the Agency
unless the need for additional work or construction was created by any error, omission, or
negligent act of the Agency. The City’s acceptance of the Agency’s work will not relieve
the Agency of any of its responsibilities. The professional standard to which the Agency
is held shall be that of a similar agency or entity as practiced in the State of Arizona.
4.28
Alterations or additions to scope of services
The total Scope of the Work to be performed is stated in this Agreement. Any services
requested outside the Scope of Work are additional services. The Agency will not perform
these additional services without a written Change Order approved by the City. If the
Agency performs additional services without a Change Order, the Agency will not receive
any additional compensation.
4.29
EQUAL EMPLOYMENT OPPORTUNITY
During the performance of this Agreement, the Agency will follow the. Federal
government’s guidelines to ensure that employees or applicants applying for employment
will not be discriminated against because of race, color, religion, sex or national origin.
4.30
THIRD-PARTY BENEFICIARY
Nothing under this Agreement shall be construed to give any rights or benefits in the
Agreement to anyone other than the City and the Agency, and all duties and
responsibilities undertaken in accordance with this Agreement will be for the sole and
exclusive benefit of the City and the Agency and not for the benefit of any other party.
4.31
ON-SITE SAFETY REPORTING REQUIREMENTS
For any non-construction City supplier whose service contract(s) (either singular or in
aggregate) results in the contractor working 500 or more hours onsite at a City location(s)
in any one calendar quarter, the following documentation must be provided by the
contractor to the Contract Administrator
the contractor’s mpst recent OSHA 300A (if applicable);
all accident reports for injuries that occurred in the city under the contract
during the most recent review period;
the contractor’s current worker’s compensation experience modifier;
19132360
Exhibit C
Resolution No. 13617
Page 12 of 28
Contract No. 2026-XX-COS
General/Scottsdale Cares/Endowment/SRPMIG
(Professional Services Agreement up to & including $50,000)
the above information is to be provided to the Contract Administrator
initially and every February thereafter as long as the contract is in force;
and
the Contract Administrator will provide this information to Risk
Management when requested.
5.0 INSURANCE
A current standard Acord Certificate is acceptable.
Failure to provide an appropriate Certificate(s) of Insurance will result in rejection of your
certificate(s) and delay in execution of the Agreement.
Additionally. Certificates of Insurance submitted without referencing an Agreement
number will be subject to rejection and returned or discarded.
5.1
INSURANCE REPRESENTATIONS AND REQUIREMENTS
5.1.1
General: Agency agrees to comply with all applicable City ordinances and state and
federal laws and regulations. Without limiting any obligations or liabilities of Agency,
Agency must purchase and maintain, at its own expense, the stipulated minimum
insurance with insurance companies duly licensed by the State of. Arizona (admitted
insurer) with an AM Best, InC; rating of B ++ 6 or above or an equivalent qualified
unlicensed insurer by the State of Arizona (non-admitted insurer) with policies and forms
satisfactory to City, Failure to maintain insurance as specified may result in termination
of this Agreement at City’s option.
5.1.2
No Representation of Coverage Adequacy: By requiring insurance. City does not
represent that coverage and limits will be adequate to protect Agency. City reserves the
right to review any and all of the insurance policies and/or endorsements cited in this
Agreement but has no obligation to do so. Failure to demand evidence of full compliance
with the insurance requirements stated in this Agreement or failure to identify any
insurance deficiency will not relieve Agency from, nor be construed or considered a waiver
of, Agency’s obligation to maintain the required insurance at all times during the
performance of this Agreement.
5.1.3
Coverage Term: All insurance required by this Agreement must be maintained in full force
and effect until all work or services required to be performed under the terms of this
Agreement are satisfactorily performed, completed and formally accepted by the City,
unless specified otherwise in this Agreement.
5.1.4
Claims Made: In the event any insurance policies required by this Agreement are written
on a “claims made” basis, coverage shall continue uninterrupted throughout the term of
this Agreement by keeping coverage in force using the effective date of this Agreement
as the retroactive date on all “claims made" policies. The retroactive date for exclusion of
claims must be on or before the effective date of this Agreement and can never he after
the effective date of this Agreement. Upon completion or termination of this Agreement,
19132360
Exhibit C
Resolution No. 13617
Page 13 of 28
Contract No. 2026-XX-COS
General/Scottsdale Cares/Endowment/SRPMIC
(Professional Services Agreement up to & including $50,000)
the “claims made” coverage shall be extended for an additional three (3) years using the
original retroactive date, either through purchasing an extended reporting option or by
continued renewal of the original insurance policies. Submission of annual Certificates of
Insurance, citing the applicable coverages and provisions specified herein, shall continue
for three (3) years past the completiOri or termination of this Agreement.
5.1.5 Policy Deductibles and or Self-Insured Retentions: The policy requirements may provide
coverage which contain deductibles or self-insured retention amounts. These deductibles
or self-insured retention must not be applicable with respect to the policy limits provided
to City. Agency is solely responsible for any deductible or self-insured retention amount.
City, at its option, may require Agency to secure payment of the deductible or self-insured
retention by a surety bond or irrevocable and unconditional Letter of Credit.
5.1.6
Use of Subcontractors: If any work under this Agreement is subcontracted in any way.
Agency must execute a written agreement with subcontractor containing the sarne
indemnification and insurance requirements as stated in this Agreement protecting City
and Agency. Agency is responsible for executing the agreement with subcontractor and
obtaining Certificates of Insurance verifying the insurance requirements.
5.1.7
Evidence of Insurance and Required Endorsements: Before starting any work or services
under this Agreement, Agency must furnish City with Certificate(s) of Insurance, or formal
endorsements as required by this Agreement, issued by Agency's insuref(s) as evidence
that policies are placed with acceptable insurers as specified in this Agreement and
provide the required coverage, conditions, and limits of coverage and that this coverage
and the provisions are in full force and effect. If a Certificate of Insurance is submitted as
verification of coverage. City will reasonably rely upon the Certificate of Insurance as
evidence of coverage but this acceptance and reliance will not waive or alter in any way
the insurance requirements or obligations of this Agreement. If any of the above cited
policies expire during the life of this Agreement, it is Agency's responsibility to forward
renewal Certificates within ten (10) days after the renewal date containing all the
aforementioned insurance provisions. Certificates shall specifically cite the following
provisions endorsed to the Agency's policv:
1.
City of Scottsdale, its agents, representatives, officers, directors, officials
and employees shall be named an Additional Insured under the following
policies:
a) Commercial General Liability
b) Auto Liability
c) Excess Liability - Follow Form to underlying insurance as required
2.
Agency's insurance must be primary insurance as respects performance
of subject Agreement. This also applies to any excess policies that the
Agency uses to fulfill the total insurance limits requires under this
Agreement.
19132360
Exhibit C
- Resolution No. 13617
Page 14 of 28
Contract No. 2026-XX-COS
General/Scottsdale Cares/Endowment/SRPMIC
(Professional Services Agreement up to & including $50,000)
3.
All policies, except Professional Liability insurance, if applicable, waive
rights of recovery (subrogation) against City of Scottsdale, its agents,
representatives, officers, directors, officials and employees for any claims
arising out of work or services performed by Agency under this Agreement.
4.
If the Agency receives notice that any of the required policies of insurance
are materially reduced or cancelled, it will be the Agency’s responsibility to
provide prompt notice of same to the City, unless such coverage is
immediately replaced with similar policies.
5.
Each liability insurance policy must contain a “severability of interests”
condition or endorsement, which stipulates that coverage applies
“separately" to each insured.
5.2 REQUIRED COVERAGE
5.2.1
Commercial General Liability: Agency shall maintain "occurrence'' form Commercial
General Liability insurance with a limit of not less than $1,000,000 for each occurrence,
$2,000,000 Products and Completed Operations Annual Aggregate, and a $2,000,000
General Aggregate Limit. The policy must cover liability arising from premises, operations,
independent contractors, products-completed operations, personal injury and advertising
injury. Agencies whose services include working with, and/or caring for children and/or
vulnerable adults, must have their policies specifically endorsed to include coverage for
"sexual abuse and molestation”. If any Excess insurance is utilized to fulfill the
requirements of this section, the Excess insurance must be "follow form" equal or broader
in coverage scope than underlying.
5.2.2
Professional Liability: If the Agreement is the subject of any professional services or work,
or if Agency engages in any professional services or work adjunct or residual to performing
the work under this Agreement, Agency must maintain Professional Liability insurance
covering errors and omissions arising out of the work or services performed by Agency,
or anyone employed by Agency, or anyone for whose acts, mistakes, errors and omissions
Agency is legally liable, with a liability insurance limit of $1,000,000 each claim and
$2,000,000 all claims. If the Professional Liability insurance policy is written on a “claims
made” basis, coverage must extend for 3 years past completion and acceptance of the
work or services. The Agency must annually submit Certificates of Insurance stating that
the applicable coverage is in force and contains the required provisions for 3 years.
5.2.3 Vehicle Liability: If any vehicle is used in the performance of the Scope of Work that is the
subject of this Agreement, the Agency must maintain Business Automobile Liability
insurance with a limit of $1,000,000 each occurrence on Agency’s owned, hired, and non-
owned vehicles assigned to or used in the performance of the Agency’s work or services
under this Agreement. If any hazardous material, as defined by any local, state or federal
authority, is the subject, or transported, in the performance of this Agreement, an MCS 90
endorsement is required providing $5,000,000 per occurrence limits of liability for bodily
injury and property damage. If any Excess insurance is utilized to fulfill the requirements
of this section, the Excess insurance must be “follow form” equal or broader in coverage
scope than underlying.
19132360
Exhibit C
Resolution No. 13617
Page 15 of 28
Contract No. 2026-XX-COS
General/Scottsdale Cares/Endowment/SRPMIC
(Professional Services Agreement up to & including $50,000)
5.2.4 Workers Compensation Insurance: Agency shall maintain Workers Compensation
insurance to cover obligations imposed by federal and state statutes applicable to
Agency's employees engaged in the performance of work or services under this
Agreement and must also maintain Employers’ Liability Insurance of not less than
$100,000 for each accident, $100,000 disease for each employee and $500,000 disease
policy limit. All insurance policies must waive rights of recovery against the City and its
agents. The Agency must submit an insurance certificate to appropriate City staff
reflecting the required above insurance coverages and provisions.
If the Agency is a sole proprietor, has no employees, and has elected not to purchase
workers compensation insurance, a completed and signed Workers Compensation
Waiver form will substitute for the insurance requirement. The Workers Compensation
Waiver form cannot be used by corporations, LLC’s, partnerships, or sole proprietors with
employees.
6.0 SEVERABILITY AND AUTHORITY
6.1
SEVERABILITY
If any term or provision of this Agreement is found to be illegal or unenforceable, then
despite this illegality or unenforceability, this Agreement shall remain in full force and
effect and the term or provision shall be considered to be deleted.
6.2
AUTHORITY
Each party warrants and represents that it has full power and authority to enter into and
perform this Agreement and that the person signing on behalf of each has been properly
authorized and empowered to enter this Agreement. Each party further acknowledges
that it has read this Agreement, understands it, and agrees to be bound by it.
7.0 REQUEST FOR TAXPAYER I.D. NUMBER & CERTIFICATION I.R.S. W-9 FORM
Upon request, the Agency shall provide the required I.R.S. W-9 Form which is available
from the IRS website at www.IRS.gov under their forms section.
8.0 ADDITIONAL COMPLIANCE REQUIREMENTS
Agency and the services provided under this Agreement shall comply with all applicable
federal, state, and local laws, and Agency shall maintain ail applicable licenses and
permits and comply with all their applicable requirements. Agency shall not use the funds
provided under this Agreement for any sectarian purpose or activity, including sectarian
worship or instruction. Agency shall not use the funds provided under this Agreement for
political activities, for lobbying any legislative or administrative body as defined in State or
federal law or lobbying the City Council, or for the purpose of influencing the outcome of
any election. Agency shall not use any funds for programs promoting diversity, equity and
inclusion in violation of any applicable Federal anti-discrimination laws.
19132360
Exhibit C
Resolution No. 13617
Page 16 of 28
Contract No, 2026-XX-COS
General/Scottsdale Cares/Endowment/SRPMIC
(Professional Services Agreement up to & including $50,000)
9.0 ISRAEL BOYCOTT PROHIBITION
By executing this Agreernent, Agency certifies that it is not currently engaged in and will
not for the duration of this Agreement engage in boycott activity proscribed by A.R.S. §
35-393 et seq.
iO.O UYGHURS PROHIBITION
By executing this Agreement, Sponsor certifies that it is does not currently and will not for
the duration of this Agreement support the forced labor of ethnic Uyghurs in the People’s Republic
of China as proscribed by A.R.S. § 35-394.
11.Q DONATIONS
No donations allowed. To avoid the appearance of impropriety, Agency shall not make
any donation to the City, of any good or services during the term of this Agreement, unless
it has specifically been approved by the City Manager or designee.
IN WITNESS WHEREOF, the Parties have executed this Agreement to be effective as
of the first date written above.
Agency
DATE;
By:.
Its:
TAX ID #:
19132360
Exhibit C
Resolution No. 13617
Page 17 of 28
Contract No. 2026-XX-CO5
Geheral/Scottsdale Cares/Endowment^SRPMIC
(Professional Services Agreement up to & including $50,000)
City of Scottsdale
CITY OF SCOTTSDALE,
an Arizona Municipal Corporation
Kira Peters
Deputy City Manager
ATTEST:
Ben Lane
City Clerk
APPROVED AS TO FORM:
Luis E. Santaella, City Attorney
By: Jennifer Fernandez, Assistant City Attorney
REVIEWED BY:
George Woods, Jr.
Safety & Risk Management Director
DATE:
DATE:
Community Assistance Manager
Contract Administrator
DATE:
19132360
Exhibit C
Resolution No. 13617
Page 18 of 28
Contract No. 2026-XXrCOS
General/Scottsdale Cares/Endowment/SRPMIC
(Professional Services Agreement up to & including $50,000)
LIST OF EXHIBITS
A. Scope of Work
B. Budget
e. Certificate of Insurance
D. Agency’s Designated Contract Representatives
19132360
Exhibit C
Resolution No. 13617
Page 19 of 28
Contract No. 2026-XX-COS
General/Scottsdale Cares/Endowment/SRPMIC
(Professional Services Agreement up to & including $50,000)
SCOPE OF WORK (Contract Exhibit “A”)
This Scope of Work and Program Budget wijl document specific costs to be paid for under
a contract for services.
1. Agency Name:
2.
^Program Name and Location:
Name:
Address:
City State AZ ZIP
*lf this program exists in multiple locations, please record additional locations on a separate sheet and attach
to the back of this page.
3.
Total Funds requested for this program:
$
4.
List the servicefs) to be provided, the number of units of service and number of undupiicated
Scottsdaie persons or households the requested funding will pay for:
Service
Units of
service
#of
unduplicated
Scottsdale
persons or
hftilieghnirig
Total
5. Total number of unduplicated Scottsdale persons or households to be assisted:
Income Level
Persons/Households
Very Low Income (o - 30% of median income)
Low Income (31 - 50% of median income)
Low-Moderate Income (51 - 80% of median income)
Moderate Income (81% or greater of median income)
TOTAL
**Note: The total unduolicated oersons/househdidsin item 4 must equal the total undupiicated oersons/households from the
four income, levels In item 5.
19132360
Exhibit “A" to Exhibit G
Page 20 of 28
Resolution No. 13617
Contract No. 2026-XX-COS
General/Scottsdale Cares/Endbvyment/SRPMIC
(Professional Services Agreement up to & including $50,000)
6. Define how you will determine client eligibility and how you will determine if you are serving
Scottsdale Residents?
Client eligibility will be documented by-
Scottsdale residency will be documented by:
7. Program Outcomes and Indicators: Complete the Outcome Chart by identifying at least
one outcome to client/participants for each proposed service. Each outcome must be
supported by at least one indicator and identification of the measurement that will be used
to verify that the benefit has occurred.
Service
Outcomes
Indicators
How Receipt of
Service is
Documented
Example: Assistance with disability
claims.
Example: Clients have Increased
financial self-sufficiency.
Example: By June 31, 2024,15 clients
have started to receive appropriate
benefits.
Example: File is
considered complete
upon receipt of award
letter.
8. Eligible Activity for General Funds: (Check all that apply)
□
Promotes the positive development of youths, adults and/or seniors
□
Strengthens the capability of families and the self-sufficiency of adults
□
Assists Scottsdale residents of all ages to address crisis needs
19132360
Exhibit “A” to Exhibit C
Page 21 of 28
Resolution No. 13617
Contract No. 2026-XX-COS
General/Scottsdale Cares/Endowment/SRPMIC
(Professional Services Agreement up to & including $50,000)
9. Funds will pay for the following costs. Actual costs reimbursed under the contract
will be those costs directly attributable to this program. (Refers to Program Budget
Summary located on the next page.)
Personnel Services:
(For example, list FTE position(s) that this funding
will pay for.)
Contracted Services:
(Explain in detail what contracted services will pay
for, especially professidhal services;)
Supplies & Miscellaneous:
(Explain in detail what funding will be used for )
19132360
Exhibit “A” to Exhibit C
Page 22 of 28
Resolution No. 13617
Contract No. 2026-XX-COS
General/Scottsdale Cares/Endowment/SRPMIC
(Professional Services Agreement up to & including $50,000)
Budget (Contract Exhibit “B”)
TOTAL PROGRAM BUDGET SUMMARY
Funding Year; 7/01/26- 6/30/27
Agency Name:
Program Name:
Sum total of
(A+B)
Column (A)
Column (B)
City of
Scottsdale
Other
Sources
Committed • C
or Tentative -T
TOTAL
Revenues
C
City of Scottsdale
TOTAL PROGRAM REVENUES
Expenditures
Salaries
ERE
Total Personnel Services_________
Professional Services
Teleohone
>oooo
utilities
Rent
nsurance
Travel/M ileaae
Other (soecifv)
other (soecifv)
Other (specify)
Total Contracted Services
mmm
Office Supplies
Building Materials
Printing/Duplication
Other (specify)
Other (specify)
Total Supplies & Miscellaneous
lOTALEHQSB^Ift EXPENSES
19132360
Exhibit "B” to Exhibit C
Page 23 of 28
Resolution No. 13617
Contract No. 2026-XX-COS
General/Scottsdale Cares/Endowment/SRPMIC
(Professional Services Agreement up to & including $50,000)
INVOICE#
(to appear on Agency letterhead)
Date:
TO:
Paiute Neighborhood Center
Community Assistance Office
6535 E Osborn Rd., Bldg. 8
Scottsdale, AZ 85251
RE:
Agreement #2026-XXX-COS
BRIEF DESCRIPTION OF SERVICES PROVIDED:
Amount Requested:
2027.
_for (XX%) of the Funds allocation for FY2026-
Remit Payment To:
Authorizing Agency Signature and Title
19132360
Exhibit “B" to Exhibit C
Page 24 of 28
Resolution No. 13617
Contract No. 2026-XX-COS
General/Scottsdale Cares/Endowment/SRPMIC
(Professional Services Agreement up to & including $50,000)
Funds FY 2026-2027
Report
Check one of the following invoice/reporting periods;
Agency Name.
□ July 1, 2026 through October 15, 2026
□ October 16,2026 through January 15, 2027
□ January 16, 2027 through April 15, 2027
□ April 16, 2027 through June 15, 2027
Program Name
1. Itemize Fund expenditures. Please attach general ledger summary.
Funds Grant Expenditure
Amount
Total
2. List Outputs your agency is using to measure outcomes and include data for the
reporting period______________ '
(See Scope of Work (Exhibit A), item 7)
3. Describe the specific and measurable outcomes by which your agency gauges the
success of this program. (See Scope of Work (Exhibit A), item 7)
4. Demographic Information (if available)
Total number of clients assisted:______
Race: White:
Black/African American-.
Asian:
American Indian/Aiaskan Native:,_____
19132360
Exhibit “B” to Exhibit C
Page 25 of 28.
Resolution No. 13617
Native Hawaiian/Other Pacific Islander
Contract No. 2026-XX-COS
General/Scottsdale Cares/Endowment/SRPMIG
(Professional Services Agreement up to & including $50,000)
American Indian/Alaskan Native and White:_
Black/African American and White:______
Asmn and White:___
American Indian/Alaskan Native & Black/African Americah:_
Other Multi-Racial:
Ethnicity:
Hispanic:_
Non-Hispanic:_
(must total number of clients assisted)
Elderly (>62): _
Female Head of Household:
Disabled:
Income Range
# of Clients
$0 - $9,999
$10,000-$19,999
$20,000 - $29,000
$30,000 - $39,000
$40,000-49,000
$50,000 - $59,000
$60,000+
Zip Codes
# of Clients
85250
85251
85252
85254
85255
85256
85257
85258
85259
85260
85261
85262
85266
85267
85271
PLEASE DO NOT MODIFY THIS DOCUMENT
TOTAL
SCOTTS MESA TEMPE CHANDLER GILBERT PHX
OTHER
19132360
Exhibit “B” to Exhibit C
Page 26 of 28
Resolution No. 13617
SAMPLE ACORD CERTIFICATE OF INSURANCE (Contract Exhibit "C")
ACORDfr,
CERTIFICATE OF LIABILITY INSURANCE
DATE (MM/DD/YY)
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT
AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLiClES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT
CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(|es) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of
the pollcy,.certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER
INSURED
TH/S MUST MATCH EXACTLY TO THE CONTRACTOR NAME AND
INFORMATION AS USTED IN THE CONTRACT OR SCOPE OF WORK:
CONTACT
NAME;
PHONE
(A/C. No. Ext):
Fax
(A/C. No):
E-MAiL
ADDRESS:
PRODUCER
CUSTOMER ID#:
INSURER(S) AFFORDING COVERAGE
INSURER A:
NAIC#
INSURER B:
INSURER C;
INSURER D:
INSURERS:
INSURER F:
COVERAGES
CERTIFICATE NUMBER:
REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT,
TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH .RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED
HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND COND TIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INS
LTR
TYRE OF INSURANCE
ADOL
INSR
SUBR
WVD
. POLICY NUMBER
POLICY EFF
(MM/DD/YYYY)
POLICY EXP
(MM/DD/YYYY)
LIMITS
GENERAL LIABILITY
COMMERCIAL GENERAL LIABILITY
CLAIMS MADE □ OCCUR
GEN’L AGGREGATE LIMIT
APPLIES PER:
□ POLICYnPROJECTDLOC
□
□
EACH OCCURRENCE
$
DAMAGE TO RENTED
PREMISES (Ea.
Occurrencei
$
MEDICAL EXP
(Any One Personl
$
PERSONAL &ADV
INSURY
$
GENERAL AGGREGATE
$
PRODUCTS-COMP/OP
AGG
$
AUTOMOBILE LIABIUTY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON-OWNED AUTOS
□
□
COMBINED SINGLE
LIMIT
(Ea accident)
$
BODILY INJURY
(Per person))
$
BODILYINJURY
(Per accident)
$
PROPERTY DAMAGE
(Per Accident)
$
Umbrella Uab DoCC
Excess Uab DcLAlMS MADE
DEDUCTIBLE
RETENTIONS
□
□
EACH OCCURRENCE
$
AGGREGATE
$
$
$
WORKERS COMPENSATION AND
EMPLOYER'S LIABILITY
ANY
PROPRIETORA’ARTNER/EXECUTIVE
OFFICERMEMBER EXCLUDED?
YIN□
(Mandatory in NH)
If yes, describe under
SPECIAL PROVISIONS BELOW
N/A
□
WC STATU-TORY LIMITS OTHER
EL EACH ACCIDENT
EL DISEASE. POLICY
LIMIT
$
$
EL DISEASE. EA
EMPLOYEE
$
□
□
Description of ODerations/Locatlons/Vehlcles(Attach ACORD 101, Additional Remarks Schedule, if more space is required)
City of Scottsdale, Its representatives, agents and employees. Is an Additional Insured under Commercial General Liability and Auto Liability. All cited Insurance shall be primary coverage and waive rights of recovery
(subrogation), including Workers Compensation, against City of Scottsdale. Contract #2023
CERTIFICATE HOLDER
CANCELLATION
City Of Scottsdale
Attn: Paiute Neighbortipod Center
Community Assistance Office"
6535 E Osborn Rd., Bldg. 8
Scottsdale, AZ 85251
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF. NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
ACORD 25(2009/09)
19132360
The ACORD name and logo are registered marks of ACORD
Exhibit “C” to Exhibit C
Page 27 of 28
Resoiution No. 13617
e 1S8S.20I>S ACORD CORPORATION. All Rights Reserved;
EXHIBIT “D”
AGENCY’S DESIGNATED CONTRACT REPRESENTATIVES
Communication and details concerning management, financial and performance of this Agreement shall be
directed to the following designated contract representatives;
CEO/President:
□ Signature Authority □ Primary Contact □ Insurance Information
Name
Title
Address
City
State
Zip
Direct Phone Number
Email Address
Contract and Billing: □ Signature Authority □ Primary Contact □ Insurance Information
Name
Title
Address
City
State
Zip
Direct Phone Number
'
Ernail Address
Performance Reporting: □ Signature Authority □ Primary Contact □ Insurance Informatiori
Name
Title
Address
City
State
Zip
Direct Phone Number
Email Address
* Please indicate which representative has signature authority, is the primary contact, and is responsible for
insurance information.
19132360
Exhibit “D” to Exhibit C
Page 28 of 28
Resolution No. 13617
Contract No. 2026-XX-COS
General/Scottsdale Cares/Endowment/SRPMIC
(Professional Services Agreement over $50,000)
CITY OF SCOTTSDALE
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT ("Agreement"), made and entered into this___day of
2G26, by
and between the City of Scottsdale, an Arizona municipal corporation ("City") and
_________________, an Arizona non-profit corporation, referred to as "Agency".
WITNESSETH
1.
Article 8, Section 1 of the Scottsdale City Charter provides that all contracts shall
be executed in the name of the City by the Mayor, except as provided by the charter or by law.
2.
Scottsdale Revised Code Section 2-201 provides that the City Council shall award
all contracts for construction and professional services exceeding the formal procurement limit,
which at this time is $50,000.
3.
The Agency is qualified to provide services the City is seeking, the cost of which
exceeds the formal procurement limit, and both parties desire to enter into an agreement setting
forth the terms and conditions under which the services will be provided.
. In consideration of the mutual promises and obligations stated in this Agreement, the
parties agree as follows:
TERMS
1.0 description, acceptance, DOCUMENTATION
Agency shall act under the authority and approval of the Contract Administrator for the
City, as designated within this Agreement, to provide the professional services required
by this Agreement.
1.1
SERVICE DESCRIPTION
The Scope of Work for this activity is included in Exhibit A, attached, which is incorporated
in this Agreement by this reference.
1.2
PERFORMANCE EVALUATION, ACCEPTANCE AND DOCUMENTATION
A. The Agency is.required to provide a report with each billing identified in Section 2.2 of
this Agreement. The criteria used in evaluating the Agency's performance of this
Agreement shall include, but hot be limited to:
1.
Progress toward meeting units of service, detailed in Exhibit A - Scope of
Work.
2.
Number of unduplieated individuals served.
3.
Demographic information, if available, by race, ethnicity, income, age, sex
and zip code.
19132361
Exhibit D
Resolution No. 13617
Page 1 of 29
n:
■'T
Contract No. 2026-XX-COS
General/Seottsdale Cares/Endowment/SRPMIC
(Professional Services Agreement over $50,000)
4. Submission of accurate and complete supporting documentation that
substantiates the payment request and that is in accordance with the
Scope of Work and program budget.
B. The City may, at its discretion, require the Agency to include other items of specific
information to be contained in the Reports.
C. Each report must be reviewed and approved by the Contract Administrator or
designee to determine acceptable completion.
D. The City will provide Exhibits B, C and D of this Agreement in electronic form to the
Agency for use in completing the tasks specified within this Agreement.
2.0
BILLING RECORDS, AUDIT, FEES
2.1
BILLING RECORDS, AUDIT
Agency shall maintain all books, papers, documents, accounting records and other
evidence pertaining to the services performed in the Scope of Work (Exhibit A) and make
such materials available fOr audit by the City pursuant to Section 4.7 of this Agreement.
2.2
FEE SCHEDULE
The amount paid to Agency under this Agreement shall not exceed
____________________dollars ($_____________ ), which includes all authorized expenses,
as shown in Exhibit B. attached, which is incorporated in this Agreement by this reference, as if
fully set forth herein. City shall utilize funds from liM(SlDil^G?:S!iURCE1 when making payments
under this Agreement.
Payment shall be made on a reimbursement basis only and in such amounts and
increments as may be approved by the City following submission by Agency of a proper request
for payment, including applicable, accurate, and complete supporting documentation that
substantiates the payment request and that is in accordance with the Scope of Work and
program budget. Payment request and performance reporting are required to be submitted
quarterly, on the dates shown below, under this Agreement. Documents and forms to be used
for billing are attached in Exhibit B.
The Agency shall bill according to the following schedule, using the invoice template
shown in Exhibit B: iWAllil. [©Ml]. IlMlfi] and ll^fEI.
dati^l
2.3 PAYMENT APPROVAL
All invoices must be approved by Contract Administrator, or designee, prior to payment.
The
payment will be made subject to receipt by the Contract
Administrator of: (1 j a report for July 1st - October 15th showing satisfactory progress
toward meeting units of service, detailed in Exhibit A-Scope of Work; (2) submission of
19132361
Exhibit D
Resolution No. 13617
Page 2 of 29
Contract No. 2026-XX-COS
General/Scottsdale Cares/Endowment/SRPMIC
(Professional Services Agreement over $50,000)
accurate and complete supporting documentation that substantiates the payment
request and that is in accordance with the Scope of Work, program budget and Exhibit
B and (3) documentary evidence that the insurance required by this Agreement is and
will be in effect through June 30, [YEAR].
The PATE] payment will be made subject to receipt by the Contract
Administrator of; (1) a report for October 16th - January 15th showing satisfactory
progress toward meeting units of service, detailed in Exhibit A-Scope of Work; (2)
submission of accurate and complete supporting documentation that substantiates the
payment request and that is in accordance with the Scope of Work, program budget
and Exhibit B and (3) documentary evidence that the insurance required by this
Agreement is and will be in effect through June 30, [YEAR].
The [DATE] payment will be made subject to receipt by the Contract
Administrator of; (1) a report for January 16th - April 15th showing satisfactory progress
toward meeting units of service, detailed in Exhibit A-Scope of Work; (2) submission of
accurate and complete supporting documentation that substantiates the payment
request and that is in accordance with the Scope of Work, program budget and Exhibit
B and (3) documentary evidence that the insurance required by this Agreement is and
will be in effect through June 30, [YEAR].
The [DATE] payment will be made subject to receipt by the Contract
Administrator of. (1) a report for April 16th - June 15th showing satisfactory progress
toward meeting units of service, detailed in Exhibit A-Scope of Work; (2) submission of
accurate and complete supporting documentation that substantiates the payment
request and that is in accordance with the Scope of Work, program budget and Exhibit
B and (3) documentary evidence that the insurance required by this Agreement is and
will be in effect through June 30, [YEAR].
3.0 TERM, EXTENSION, TERMINATION
3.1
TERM AND EXTENSION
The term of this agreement shall be from July 1, 2026 through June 30, 2027.
3.2
TERMINATION
Termination for Convenience; City resen/es the right to terminate this Agreement or any
part of this Agreement for its sole convenience with thirty (30) days’ written notice. In the
event of any termination. Agency must immediately stop all work and must immediately
cause any of its suppliers and subcontractors to cease all work. As compensation in full
for services performed to the date of such termination, the Agency will receive a fee for
the percentage of services actually completed. This fee will be in the amount to be
mutually agreed upon by the Agency and the City, based on the agreed Scope of Work.
If there is no mutual agreement, the Contract Administrator will determine the percentage
of completion of each task detailed in the Scope of Work and the Agency's compensation
19132361
Exhibit D
Resolution No. 13617
Page 3 of 29
Contract No. 2026-XX-CPS
General/Scottsdale Cares/Endowment/SRPMIC
(Professional Services Agreement over $50,000)
will be based upon such determination. The City will make this final payment within sixty
(60) days after the Agency has delivered the last of the partially completed items. Agency
will not be paid for any work done upon receipt of the notice of termination, nor for any
costs incurred by Agency's suppliers or subcontractors, which Agency could reasonably
have avoided.
Cancellation for Cause: City may also cancel this Agreement or any part of it with seven
(7) days’ notice for cause in the event of any default by the Agency, or if the Agency fails
to comply with any of the terms and conditions of this Agreement. Unsatisfactory
performance as judged by the Contract Administrator, and failure to provide City, upon
request, with adequate assurances of future performance vvill all be causes allowing City
to cancel this Agreement for cause. In the event of cancellation for cause. City will not be
liable to Agency for any amount, and Agency will be liable to City for any and all damages
sustained by reason of the default which gave rise to the cancellation.
In the event Agency is in violation of any Federal, State, County or City law, regulation, or
ordinance, the City may cancel this Agreement immediately upon giving notice to the
Agency.
If the City cancels this Agreement or any part of the Agreement services, the City will
notify the Agency in writing, and upon receiving notice, the Agency shall discontinue
advancing the work and proceed to close all operations.
Upon cancellation, the Agency must deliver to the City all drawings, special provisions,
reports, and other documents, entirely or partially completed, in any format, including but
not limited to written or electronic media, together with all unused materials supplied by
the City. Use of incomplete data will be at the City’s sole responsibility.
the Agency shall appraise the work it has completed and submit its appraisal to the City
for evaluation. At that time, the Agency will be entitled to be paid for work performed and
accepted by the City before the default.
If the Agency fails to fulfill in a timely and proper manner its obligations, or if the Agency
violates any of the terms of this Agreement, the City may withhold any payments to the
Agency for the purpose of setoff until the exact amount of damages due the City from the
Agency is determined by a court of competent jurisdiction.
If the City improperly cancels the Contract for cause, the cancellation for cause will be
converted to a termination for convenience.
3.3 FUNDS APPROPRIATION
If the City Council does not appropriate funds to continue this Agreement and pay for
charges, the City may terminate this Agreement at the end of the current fiscal period.
The City agrees to give written notice of termination tp the Agency at least 30 days before
the end of its current fiscal period and will pay to the Agency all approved charges incurred
through the end of this period.
19132361
Exhibit D
Resolution No. 13617
Page 4 of 29
Contract No. 2026-XX-COS
General/Scottsdale Cares/Endowment/SRPMIC
(Professional Services Agreement over $50,000)
4.0 GENERAL TERMS
4.1
ENTIRE AGREEMENT
This Agreement constitutes the entire understanding of the parties and supersedes all
previous representations, written or oral, with respect to the services specified. This
Agreement may not be modified or amended except by a written document, signed by
authorized representatives or each party.
4.2
ARIZONA LAW
This Agreement shall be governed and interpreted according to the laws of the State of
Arizona.
4.3
MODIFICATIONS
Any amendment, modification or variation from the terms of this Agreement must be in
writing and will be effective only after approval of all parties signing the original Agreement.
4.4
ASSIGNMENT
Services covered by this Agreement may not be assigned or sublet in whole or in part
without first obtaining the written consent of the Contract Administrator.
4.5
SUCCESSORS AND ASSIGNS
This Agreement extends to and is binding upon Agency, its successors and assigns,
including any individual, company, partnership or other entity with or into which Agency
merges, consolidates or is liquidated, or any person, corporation, partnership or other
entity to which Agency sells its assets.
4.6
CONTRACT ADMINISTRATOR
The Contract Administrator for the City shall be the Community Assistance Manager or
designee. The Contract Administrator will oversee the execution of this Agreement, assist
the Agency in accessing the organization, audit billings, approve payments, establish
delivery schedules, approve addenda, and assure Certificates of Insurance are in the
City’s possession and are current and conform to the Agreement requirements. The
Agency must channel reports and special requests through the Contract Administrator.
The Agency shall complete and provide to the City a completed Exhibit D, listing the
Agency’s designated contract representatives who shall be responsible for project
management, financial reporting, and performance reporting under this Agreement. The
designated contract representative(s) having signature authority for the Agency shall be
indicated on Exhibit D. The Agency shall submit a revised Exhibit D to the City within
thirty (30) days of any change.
19132361
Exhibit D
Resolution No. 13617
Page 5 of 29
Contract No. 2026-XX-COS
General/Seottsdale Gares/Endowment/SRPMIC
(Professional Services Agreement over $50,000)
4.7
RECORDS AND AUDIT RIGHTS
The City may audit all of the Agency’s records, calculations, and working documents
pertaining to this work at a mutually agreeable time and place.
Agency's records (hard copy, as well as computer readable data), and any other
supporting evidence considered necessary by the City to substantiate charges and claims
related to this Agreement must be open to inspection and subject to audit and/or
reproduction by City's authorized representative to the extent necessary to adequately
permit evaluation and verification of cost of the work, and any invoices, change orders,
payments or claims submitted by the Agency or any of his payees in accordance with the
execution of the Agreement. The City's authorized representative must be afforded
access, at reasonable times and places, to all of the Agency's records and personnel in
accordance with the provisions of this section throughout the term of this Agreement and
for a period of three years after last or final payment.
Agency shall require all subcontractors, insurance agents, and material suppliers (payees)
to: comply with the provisions of this section by insertion of the requirements in a written
contract agreement between Agency and payee. These requirements will also apply to
any and all subcontractors.
If an audit, in accordance with this section, discloses overcharges, of any nature, by the
Agency to the City in excess of one percent (1 %) of the total contract billings, the actual
cost of the City's audit must be reimbursed to the City by the Agency. Any adjustments
and/or payments which must be made as a result of any such audit or inspection of the
Agency's invoices and/or records must be made within a reasonable amount of time (not
to exceed 90 days) from presentation of City's findings to Agency.
4.8
ATTORNEY’S FEES
In the event either party brings any action for any relief, declaratory or othenA/ise, arising
out of this Agreement, or on account of any breach or default, the prevailing party shall be
entitled to receive from the other party reasonable attorneys' fees and reasonable costs
and expenses, determined by the court sitting without a jury, which will be considered to
have accrued on the commencement of the action and will be enforceable whether or not
such action is prosecuted to judgment.
4.9
INDEPENDENT CONTRACTOR
The services the Agency provides under the terms of this Agreement to the City are that
of an independent contractor, not an employee, or agent of the City. The City will report
the value paid for these services each year to the Internal Revenue Service (I.R.S.) using
Form 1099.
Withholding of income tax is not deducted from contractual payments unless required
under federal or state law. As a result of this. Agency may be subject to I.R.S. provisions
for payment of estimated income tax. Agency is responsible fpr consulting the local I.R.S.
office for current information on estimated tax requirements. Failure to comply may
subject Agency to a penalty.
19T32361
Exhibit D
Resolution No. 13617
Page 6 of 29
Contract No. 2026-XX-COS
General/Scottsdale Cares/Endowment/SRPMIC
(Professional Services Agreement over $50,000)
4.10
CONFLICT OF interest
The Agency warrants that it has not employed or retained any company or person, other
than a bona fide employee working solely for the Agency, to solicit or secure this
Agreement, and that it has not paid or agreed to pay any person or persons, other than a
bona fide employee working solely for the Agency any fee, commission, percentage,
brokerage fee, gifts or any consideration, contingent upon or resulting from the award or
making of this Agreement. For breach or violation of this warranty. City will have the right
to cancel this Agreement without liability or in its discretion to deduct from the contract
price or consideration, or otherwise recover the full amount of any fee, commission,
percentage, brokerage fee, gift or contingent fee, together with costs and attorney’s fees.
The City may cancel any contract or agreement, without penalty or obligation, if any
person significantly involved in initiating, negotiating, securing, drafting or creating the
Agreement on behalf of the City's departments or agencies is, at any time while the
Agreement or any extension of the Agreement is in effect, an employee of any other party
to the Agreement in any capacity or a consultant to any other party to the Agreement with
respect to the subject matter of the Agreement; The cancellation shall be effective when
written notice from the City is received by all other parties to the Agreement, unless the
notice specifies a later time (A.R.S. §38-511).
4.11
NOTICES
All notices or demands required to be given in accordance With the terms of this
Agreement shall be given to the other party in writing, delivered by hand or registered or
Certified mail, at the addresses set forth below, or to such other address as the parties
may substitute by written notice given in the manner prescribed in this section.
In the case of Agency:
_______ ;_____________________ _____
In the case of City:
City of Scottsdale
Paiute Neighborhood Center
6535 E Osborn Rd., Bldg. #8
Scottsdale, Arizona 85251
Attention: Community Assistance Manager
Notices will be considered received on date delivered, if delivered by hand, and on the
delivery date indicated on receipt, if delivered by certified or registered mail. Notice by
facsimile or electronic mail is not adequate notice.
4.12 FORCE MAJEURE
Neither party shall be responsible for delays or failures in performance resulting from, acts
beyond their control. These acts include, but are not limited to, acts of God, riots, acts of
19132361
Exhibit D
Resolution No. 13617
Page 7 of 29
Contract No. 2026-XX-COS
General/Scottsdaie Cares/Endowment/SRPMIC
(Professional Services Agreement over $50,000)
war, epidemics, governmental regulations imposed after the fact, fire, communication line
failures, or power failures.
4.13 TAXES
The fee listed in this Agreement includes all taxes applicable to the services authorized.
The City will have no obligation to pay additional amounts for taxes of any type.
4.14
ADVERTISING
No advertising or publicity concerning the City using the Agency's services shall be
undertaiken without prior written approval of such advertising or publicity by the City
Contract Administrator.
4.15
COUNTERPARTS
This Agreement may be executed in one or more counterparts, and each originally
executed duplicate counterpart of this Agreement will be considered to possess the full
force and effect of the original.
4.16
CAPTIONS
The captions used in this Agreement are solely for the convenience of the parties, do not
constitute a part of this Agreement and are not to be used to construe or interpret this
Agreement.
4.17
SUBCONTRACTORS
During the performance of the Agreement, the Agency may engage any additional
subcontractors as may be required for the timely completion of this Agreement. The
addition of any subcontractors requires that the Agency first obtain the approval of the
City.
In the event of subcontracting, the sole responsibility for fulfillment of all terrris and
conditions of this Agreement rests with the Agency.
The Agency will pay its subcontractors within seven (7) calendar days of receipt of each
progress payment from the City. The Agency will pay for the amount of the work
performed by each subcontractor as accepted and approved by the City with each
progress payment. In addition, any reduction of retention, if any, by the City will result in
a corresponding reduction to subcontractors who have performed satisfactory work. The
Agency will pay subcontractors the reduced retention within 14 calendar days of the
payment of the reduction of the retention to the Agency. No Contract between the Agency
and its subcontractors may materially alter the rights of any subcontractor to receive
prompt payment and retention reduction as provided in this Agreement.
If the Agency fails to make payments in accordance with these provisions, the City may
take any of one or more of the following actions and the Agency agrees that the City may
take these actions;
19132361
Exhibit D
Resolution No. 13617
Page 8 of 29
Contract No. 2026-XX-COS
General/Scottsdale Cares/Endpwment/SRPMIG
(Professional Services Agreement over $50,000)
A. To hold the Agency in default under this Agreement;
B. Withhold future payments including retention until proper payment has been
made to subcontractors in accordance with these provisions;
C. Reject all future offers to perform work for the City from the Agency for a period
not to exceed one (1) year from the cOrripletion date of this project; or
D. Terminate this Agreement.
4.18
CHANGES IN THE WORK
The City may at any time, as the need arises, order changes within the scope of the work
without invalidating the Agreement. If any changes increase or decrease the amount due
under the Agreement documents, or in the time required for performance of the work, an
equitable adjustment will be authorized by written Change Order.
The City will execute a formal Change Order based on detailed written quotations from
the Agency for work-related changes and/or a time of completion variance. All Change
Orders are subject to approval by the City.
Contract Change Orders are subject to the Rules and Procedures within the City’s
Procurement Code.
4.19
USE OF CITY FACILITY OR PROPERTY.
In the event that the services to be provided by the Agency, pursuant to this Agreement*
as described in Exhibit A, attached, are to be provided at or from a City facility, or on City
property, the Agency will execute a revocable license agreement, prepared by the City,
relating to the use of the facility or property. If a revocable license agreement is required
by the City, its execution by the Agency will be a condition precedent to this Agreement.
4.20
COMPLIANCE WITH FEDERAL AND STATE LAWS
The Agency understands and acknowledges the applicability to it of the Americans with
Disabilities Act, the Immigration Reform and Control Act of 1986, and the Drug Free
Workplace Act of 1989. In addition, the Agency understands and acknowledges the
applicability of A.R.S. §§34-301 and 34-302. The Agency shall include the terms of this
provision in ail contracts and subcontracts for wprk performed under this Agreement
including supervision and oversight.
4.21
IMMIGRATION LAW COMPLIANCE
Under the provisions of A.R.$. §41-4401, the Agency warrants to the City that the Agency
and all its subcontractors will comply with all Federal Immigration laws and regulations
that relate to their employees and that the Agency and all its subcontractors now comply
with the E-Verify Program under A.R.S. §23-214(A).
19132361
Exhibit D
Resolution No. 13617
Page 9 of 29
Contract No. 2026-XX-COS
General/Scottsdale Gares/Endowment/SRPMIC
(Professional Services Agreement over $50,000)
A breach of this warranty by the Agency or any of its Subcontractors will be considered a
material breach of this Agreement and may subject the Agency or subcontractor to
penalties up to and including termination of this Agreement or any subcontract. The
Agency will take appropriate steps to assure that all subcontractors comply with the
requirements of the E-Verify Program. The City may consider it a material breach of this
Agreement if the Agency fails to assure compliance by all its subcontractors with the E-
Verify Program.
The City retains the legal right to inspect the papers of any employee of the Agency or
any subcontractor who works on this Agreement to ensure that the Agency or any
subcontractor is complying with the warranty given above.
The City may conduct random verification pf the employment records of the Agency and
any of its subcontractors to ensure compliance with this warranty. The Agency agrees to
indemnify, defend and hold the City harmless for, from, and against all losses and liabilities
arising from any and all violations of these statutes.
The City will not consider the Agency or any of its subcontractors in material breach of
this Agreement if the Agency and its subcontractors establish that they have complied
with the employment verification provisions prescribed by 8 U.S.C.A. §1324(a) and (b) of
the Federal Immigration and Nationality Act and the E-Verify requirements prescribed by
A.R.S. §23-214(A).
The “E-Verify Program” means the employment verification pilot program as joiritly
administered by the United States Department of Homeland Security and the Social
Security Administration or any of its successor programs.
The provisions of this section must be included in any contract the Agency enters into with
any and all of its subcontractors who provide services under this Agreement or any
subcontract. “Services” are defined as furnishing labor, time or effort in the State of
Arizona by a contractor or subcontractor. Services include construction or maintenance
of any structure, building, or transportation facility or improvement to real property. The
Agency will take appropriate steps to assure that all subcontractors comply wih the
requirements of the E-Verify Program. The Agency’s failure to assure compliance by all
its subcontractors with the E-Verify Program may be considered a material breach of this
Agreement.
4.22 LAWFUL PRESENCE IN THE UNITED STATES FOR PERSONS
A.R.S. §1-502 requires that all Persons who will be awarded a contract and apply for
public benefit must demonstrate through a signed affidavit and the presentation of a copy
of documentation that verifies that they are lawfully present in the United States. A.R.S.
§1-504 requires using the Systematic Alien Verification for Entitlements (SAVE) service
to verify the identity and immigration status of applicants for public benefits who are not
citizens or nationals of the United States.
By entering into this Agreement, Agency is agreeing to abide by A.R.S. §§1-502 and 504
and require applicants of public benefits to submit the required documentation and
affidavit, and as required by A.R.S. §1-504, use SAVE to document the applicant’s lawful
19132361
Exhibit D
Resolution No. 13617
Page 10 of 29
Contract No. 2026-XX-COS
General/Scottsdaie Cares/Endowment/SRPMIC
(Professional Services Agreement over $50,000)
presence in the United States. Agency shall not provide public benefits to an applicant
that does not demonstrate lawful presence in the United States.
4.23
COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT
Agency acknowledges that, pursuant to the Americans with Disabilities Act (ADA),
programs, services, and other activities provided by a public entity to the public, whether
directly or through a contractor, must be accessible to the disabled public. Agency will
provide the services specified in this Agreement in a manner that complies with the ADA
and any and all other applicable federal, state, and local disability rights legislation.
Agency agrees not to discriminate against disabled persons in the provision of services,
benefits, or activities provided under this Agreement and further agrees that any violation
of this prohibition on the part of Agency, its employees, agents, or assigns will constitute
a material breach of this Agreement.
4.24
NO PREFERENTIAL TREATMENT OR DISCRIMINATION
In accordance with the provisions of Article II, Section 36 of the Arizona Constitution, the
City will not grant preferential treatment to or discriminate against any individual or group
on the basis of race, sex, color, ethnicity or national origin.
4.25
INDEMNIFICATION
To the fullest extent permitted by law. Agency, its successors, assigns and guarantors,
must defend, indemnify and hold harmless City, its agents, representatives, officers,
directors, officials and employees from and against all allegations, demands, proceedings,
suits, actions, claims, damages, losses, expenses, including but not limited to, attorney
fees, court costs, and the cost of appellate proceedings, and all claim adjusting and
handling expense, related to, arising from or out of, or resulting from any act or omission,
negligence, recklessness, or intentional wrongful conduct by Agency in the performance
of this Agreement, including but not limited to, any subcontractor or anyone directly or
indirectly employed by any of them or anyone for whose acts any of them may be liable
and any injury or damages claimed by any of Agency's and subcontractor's employees.
Insurance provisions stated in this Agreement are separate and independent from the
indemnity provisions of this section and shall not be construed in any way to limit the
scope and magnitude of the indemnity provisions. The indemnity provisions of this section
shall not be construed in any way to limit the scope and magnitude and applicability of the
insurance provisions.
4.26
OWNERSHIP OF PROJECT DOCUMENTS
All documents, including but not limited to notes, records, data compilations, studies, and
reports in any format, including but not limited to, written or electronic media, prepared in
the performance of this Agreement will remain the property of the City and must be
delivered to the Contract Administrator before final payment is made to the Agency.
19132361
Exhibit D
Resolution No. 13617
Page 11 of 29
Contract No. 2026-XX-COS
General/Scottsdale Cares/Endowment/SRPMIC
(Professional Services Agreement over $50,000)
When the work detail covers only the preparation of preliminary reports or documents,
there will be no limitations upon the City eoneerning use of the ideas or recommendations
in the reports or documents. The City will release the Agency from any liability for the
preparation and use of preliminary reports or documents.
4.27
COMPLETENESS AND ACCURACY
The Agency will be responsible for the completeness and accuracy of work prepared by
the Agency and shall correct, at its expense, all errors or Omissions which may be
disclosed. The cost to correct those errors shall be chargeable to the Agency. Additional
work or construction added to the project shall not be the responsibility of the Agency
unless the need for additional work or construction Was created by any error, omission, or
negligent act of the Agency. The City’s acceptance of the Agency’s work will not relieve
the Agency of any of its responsibilities. The professional standard to which the Agency
is held shall be that of a similar agency or entity as practiced in the State of Arizona.
4.28
ALTERATIONS OR ADDITIONS TO SCOPE OF SERVICES
The total Scope of the Work to be performed is stated in this Agreement. Any services
requested outside the Scope of Work are additional services. The Agency will not perform
these additional sen/ices without a written Change Order approved by the City. If the
Agency performs additional services without a Change Order, the Agency will not receive
any additional compensation.
4.29
EQUAL EMPLOYMENT OPPORTUNITY
During the performance of this Agreement, the Agency will follow the Federal
government’s guidelines to ensure that employees or applicants applying for employment
will not be discriminated against because of race, color, religion, sex or national origin.
4.30
THIRD-PARTY BENEFICIARY
Nothing under this Agreement shall be construed to give any rights or benefits in the
Agreement to anyone other than the City and the Agency, and all duties and
responsibilities undertaken in accordance with this Agreement will be for the sole and
exclusive benefit of the City and the Agency and not for the benefit of any other party.
4.31
ON-SITE SAFETY REPORTING REQUIREMENTS
For any non-construction City supplier whose service contract(s) (either singular or in
aggregate) results in the contractor working 500 or more hours onsite at a City location(s)
in any one calendar quarter, the following documentation must be provided by the
contractor to the Contract Administrator:
O
the contractor’s most recent OSHA 300A (if applicable);
all accident reports for injuries that occurred in the city under the contract
during the most recent review period;
the contractor’s current worker’s compensation experience modifier;
19132361
Exhibit D
Resolution No. 13617
Page 12 of 29
Contract No. 2026-XX-COS
General/Scottsdale Cares/Endowment/SRPMIC
(Professional Services Agreement over $50,000)
€
the above information is to be provided to the Contract Administrator
initially and every February thereafter as long as the contract is in force;
and
the Contract Administrator will provide this information to Risk
Management when requested.
5.1.1
5.1.2
5.0 INSURANCE
A current standard Acord Certificate is acceptable.
Failure to provide an appropriate Certifieate(s) of Insurance will result in rejection of your
certificate(s) and delay in execution of the Agreement.
Additionally. Certificates of Insurance submitted without referencing an Agreement
number will be subject to rejection and returned or discarded.
5.1 INSURANCE REPRESENTATIONS AND REQUIREMENTS
5.1.3
5.1.4
General: Agency agrees to comply with all applicable City ordinances and state and
federal laws and regulations. Without limiting any obligations or liabilities of Agency,
Agency must purchase and maintain, at its own expense, the stipulated minimum
insurance with insurance companies duly licensed by the State of Arizona (admitted
insurer) with an AM Best, Inc. rating of B ++ 6 or above or an equivalent qualified
unlicensed insurer by the State of Arizona (non-admitted insurer) with policies and forms
satisfactory to City. Failure to maintain insurance as specified may result in termination
of this Agreement at City’s option.
No Representation of Coverage Adequacy: By requiring insurance, City does not
represent that coverage and limits will be adequate to protect the Agency. City reserves
the right to review any and all of the insurance policies and/or endoreements cited in this
Agreement but has no obligation to do so. Failure to demand evidence of full compliance
with the insurance requirements stated in this Agreement or failure to identity any
insurance deficiency wi|l not relieve Agency from, nor be construed or considered a waiver
of, Agency^s obligation to always maintain the required insurance during the performance
of this Agreement.
Coverage Term: All insurance required by this Agreement must be maintained in full force
and effect until all work or services required to be performed under the terms of this
Agreement are satisfactorily performed, completed and formally accepted by the City,
unless specified othenwise in this Agreement.
Claims Made: In the event any insurance policies required by this Agreement are written
on a “claims made” basis, coverage shall continue uninterrupted throughout the term of
this Agreement by keeping coverage in force using the effective date of this Agreement
as the retroactive date on all “claims made” policies. The retroactive date for exclusion of
claims must be on or before the effective date of this Agreement and can never be after
the effective date of this Agreement. Upon completion or termination of this Agreement,
the “claims made” coverage shall be extended for an additional three (3) years using the
original retroactive date, either through purchasing an extended reporting option or by
19132361
Exhibit D
Resolution No. 13617
Page 13 of 29
Contract No, 2026-XX-COS
General/Scottsdale Cares/Endowment/SRPMIG
(Professional Services Agreement over $50,000)
continued renewal of the original insurance policies. Submission of annual Certificates of
Insurance, citing the applicable coverages and provisions specified herein, shall continue
for three (3) years past the completion or termination of this Agreement.
5.1.5
Policy Deductibles and or Self-Insured Retentions: The policy requirements may provide
coverage which contain deductibles or self-insured retention amounts. These deductibles
or self-insured retention must not be applicable with respect to the policy limits provided
to City. Agency is solely responsible for any deductible or self-insured retention amount.
City, at its option, may require Agency to secure payment of the deductible or self-insured
retention by a surety bond or irrevocable and unconditional Letter of Credit.
5.1.6 Use of Subcontractors: If any work under this Agreement |s subcontracted in any way.
Agency must execute a written agreement with subcontractor containing the same
indemnification and insurance requirements as stated in this Agreement protecting City
and Agency. Agency is responsible for executing the agreement with subcontractor and
obtaining Certificates of Insurance verifying the insurance requirements.
5.1.7
Evidence of Insurance and Required Endorsements: Before starting any work or services
under this Agreement, Agency must furnish City with Certificate(s) of Insurance, or formal
endorsements as required by this Agreement, issued by Agency's insurer(s) as evidence
that policies are placed with acceptable insurers as specified in this Agreement and
provide the required coverage, conditions, and limits of coverage and that this coverage
and the provisions are in full force and effect. If a Certificate of Insurance is submitted as
verification of coverage, City will reasonably rely upon the Certificate of Insurance as
evidence of coverage but this acceptance and reliance will not waive or alter in any way
the insurance requirements or obligations of this Agreement. If any of the above cited
policies expire during the life of this Agreement, it is Agency's responsibility to fonward
renewal Certificates within ten (10) days after the renewal date containing all the
aforementioned insurance provisions. Certificates shall specifically cite the following
orovisions endorsed to the Aaencv's policy;
1.
2.
3.
City of Scottsdale, its agents, representatives, officers, directors, officials
and employees shall be named an Additional Insured under the following
policies:
a) Commercial General Liability
b) Auto Liability
c) Excess Liability - Follow Form to underlying insurance as required
Agency's insurance must be primary insurance as respects performance
of subject Agreement. This also applies to any excess policies that the
Agency uses to fulfill the total insurance limits requires under this
Agreement.
All policies, except Professional Liability insurance, if applicable, waive
rights of recovery (subrogation) against City of Scottsdale, its agents,
19132361
Exhibit D
. Resolution No. 13617
Page 14 of 29
Contract No. 2026-XX-COS
General/Scottsdale Cares/Endowment/SRPMIC
(Professional Services Agreement over $50,000)
representatives, officers, directors, officials and employees for any claims
arising out of work or services performed by Agency under this Agreement.
4.
If the Agency receives notice that any of the required policies of insurance
are materially reduced or cancelled, it will be the Agency’s responsibility to
provide prompt notice of same to the City, unless such coverage is
immediately replaced with similar policies.
5.
Each liability insurance policy must contain a “severability of interests”
condition or endorsement, which Stipulates that coverage applies
“separately” to each insured.
5.2 REQUIRED COVERAGE
5.2.1
Commercial General Liability: Agency shall maintain "occurrence" form Commercial
General Liability insurance with a limit of not less than $1000,000 for each occurrence,
$2,000,000 Products and Completed Operations Annual Aggregate, and a $2,000,000
General Aggregate Limit. The policy must cover liability arising from premises, operations,
independent contractors, products-completed operations, personal injury and advertising
injury. Agencies whose services include working with^ and/or caring for children and/or
vulnerable adults, must have their policies specifically endorsed to include coverage for
"sexual abuse and molestation”. If any Excess insurance is utilized to fulfill the
requirements of this section, the Excess insurance must be "follow form" equal or broader
in coverage scope than underlying.
5.2.2
Professional Liability: If the Agreement is thei subject Of any. professional services or work,
or if Agency engages in any professional services or work adjunct or residual to performing
the work under this Agreement, Agency must maintain Professional Liability insurance
covering errors and omissions arising out of the work or services performed by Agency,
or anyone employed by Agency, or anyone for whose acts, mistakes, errors and omissions
Agency is legally liable, with a liability insurance limit of $1,000,000 each claim and
$2,000,000 all claims. If the Professional Liability insurance policy is written on a “claims
made” basis, coverage must extend for 3 years past completion and acceptance of the
work or services. The Agency must annually submit Certificates of Insurance stating that
the applicable coverage is in force and contains the required provisions for 3 years.
5.2.3 Vehicle Liability: If any vehicle is used in the performance of the Scope of Work that is the
subject of this Agreement, the Agency must maintain Business Automobile Liability
insurance with a limit of $1,000,000 each occurrence on Agency’s owned, hired, and non-
owned vehicles assigned to or used in the performance of the Agency’s work or services
under this Agreement. If any hazardous material, as defined by any local, state or federal
authority, is the subject, or transported, in the performance of this Agreement, an MCS 90
endorsement is required providing $5,000,000 per occurrence limits of liability for bodily
injury and property damage. If any Excess insurance is utilized to fulfill the requirements
of this section, the Excess insurance must be “follow form” equal or broader in coverage
scope than underlying.
19132361
Exhibit D
Resolution No. 13617
Page 15 of 29
5.2.4
Contract No. 2026-XX-COS
General/Scottsdale Cares/Endowment/SRPMIC
(Professional Services Agreement over $50,000)
Workers Compensation Insurance: Agency shall maintain Workers Compensation
insurance to cover obligations imposed by federal and state statutes applicable to
Agency's employees engaged in the performance of work or services under this
Agreement and rnust also maintain Employers’ Liability Insurance of not less than
$100,000 for each accident, $100,000 disease for each employee and $500,000 disease
policy limit. All insurance policies must waive rights of recovery against the City and its
agents. The Agency must submit an insurance certificate to appropriate City staff
reflecting the required above insurance coverages and provisions.
If the Agency is a sole proprietor, has no employees, and has elected not to purchase
workers compensation insurance, a completed and signed Workers Compensation
Waiver form will substitute for the insurance requirement. The Workers Compensation
Waiver form cannot be used by corporations, LLC's, partnerships, or sole proprietors with
employees.
6.0 SEVERABILITY AND AUTHORITY
6.1
SEVERABILITY
If any term or provision of this Agreement is found to be illegal or unenforceable, then
despite this illegality or unenforceabiiity, this Agreement shall remain in full force and
effect and the term Or provision shall be considered to be deleted.
6.2
AUTHORITY
Each party warrants and represents that it has full power and authority to enter into and
perform this Agreement and that the person signing on behalf of each has been properly
authorized and empowered to enter this Agreement. Each party further acknowledges
that it has read this Agreement, understands it, and agrees to be bound by it.
7.0 REQUEST FOR TAXPAYER I.D. NUMBER & CERTIFICATION I.R.S. W-9 FORM
Upon request, the Agency shall provide the required I.R.S. W-9 Form which is available
from the IRS website at www.IRS.gov under their forms section.
8.0 additional compliance requirements
Agency and the services provided under this Agreement shall comply with all applicable
federal, state, and local laws, and Agency shall maintain all applicable licenses and
permits and comply with all their applicable requirements. Agency shall not use the funds
provided under this Agreement for any sectarian purpose or activity, including sectarian
worship or instruction, Agency shall riot use the funds provided under this Agreement for
political activities, for lobbying any legislative or administrative body as defined in State or
federal law or lobbying the City Council, or for the purpose of influencing the outcome of
any election. Agency shall not use any funds for programs promoting diversity, equity and
inclusion in violation of any applicable Federal anti-discrimination laws.
19132361
Exhibit D
Resolution No. 13617
Page 16 of 29
Contract NO: 2026-XX-COS
General/Scbttsdale Cares/Endowment/SRPMIC
(Professional Services Agreement over $50,000)
9.0 ISRAEL BOYCOTT PROHIBITION
By executing this Agreement, Agency certifies that it is not currently engaged in and will
not for the duration of this Agreement engage in boycott activity proscribed by A.R.S. §
35-393 et seq.
10.0 UYGHURS PROHIBITION
By executing this Agreement, Sponsor certifies that, it is does not currently and will not for
the duration of this Agreement support the forced labor of ethnic Uyghurs in the People’s
Republic of China as proscribed by A.R.S. § 35-394.
11.0 DONATIONS
No donations allowed. To avoid the appearance of impropriety. Agency shall not rnake
any donation to the City, of any good or services during the term of this Agreement, unless
it has specifically been approved by the City Manager or designee.
IN WITNESS WHEREOF, the Parties have executed this Agreement to be effective as
of the first date written above.
AGENCY
DATE:
By:_
Its;
TAX ID #:
19132361
Exhibit D
Resolution No. 13617
Page 17 of 29
CITY OF SCOTTSDALE,
ah Arizona Municipal Corporation
Lisa BbrOwsky
Mayor
ATTEST:
Ben Lane
City Clerk
APPROVED ASi TO FORM;
Contract: No. 2026-XX-eOS
General/Scottsdale Gares/Endowment/SRPMIG
(Professional Services Agreement over $50,OOP)
DATE;
Luis E. Santaella, City Attorney
By: Jennifer Fernandez, Assistant City Attorney
REVIEWED BY;
George Woods, Jr.
Safety & Risk Management Director
DATE:
Community Assistance Manager
Contract Administrator
DATE:
19132361
Exhibit D
Resolution No. 13617
Page 18 of 29
Contract No. 2026-XX-COS
General/Scottsdale Gares/Endbwment/SRPMIG
(Professional Services Agreement over $50,000)
LIST OF EXHIBITS
A. Scope of Work
B. Budget
C. Certificate of Insurance
D. Agency’s Designated Contract Representatives
19132361
Exhibit D
Resolution No. 13617
Page 19 of 29
Contract No. 2026-XX-GOS
General/Scottsdale Cares/Endowment/SRPMIC
(Professional Services Agreenient over $50,000)
SCOPE OF WORK (Contract Exhibit “A”)
This Scope of Work and Program Budget will document specific costs to be paid for under
a contract for services.
1. Agency Name:
2. ^Program Name and Location:
Name:
Address:
City State AZ ZIP
*lf this program exists in multiple locations, please record additional locations on a separate sheet and attach
to the back of this page.
3.
Total Funds requested for this program:
4.
List the servicefs) to be provided, the number of units of service and number of unduplicated
Scottsdale persons or households the requested funding will pay for:
Service
Units of
service
#of
unduplicated
Scottsdale
persons or
hmnsphftlHg
Total
5. Total number of unduplicated Scottsdale persons or households to be assisted:
Income Level'
Persons/Households
Very Low Income (O - 30% of median income)
Low Income (31 - 50% of median income)
Low-Moderaite Income (51 -80% of median incoine)
Moderate Income (81% or greater of median income)
TOTAL
19132361
Exhibit “A” to Exhibit D
Page 20 of 29
Resolution No. 13617
Contract No. 2026-XX-COS
Geheral/Scottsdale Cares/Endowment/SRPMIC
(Professional Services Agreement over $50,000)
**Note: The.total unduDlicated aersons/households in item 4 must equal the total unduolicated oersons/households from the
four income levels in item 5.
6. Define how you will determine client eligibility and how you will determine If you are serving
Scottsdale Residents?
.m
9
Client eligibility will be documented by:
Scottsdale residency will be documented by:
7. Program Outcomes and Indicators: Complete the Outcome Chart by identifying at least
one outcome to client/participants for each proposed service. Each outcome must be
supported by at least one indicator and identification of the measurement that will be used
to verify that the benefit has occurred.
Service
Outcomes
Indicators
How Receipt of
Service is
Documented
Example-. Assistance with disability
daims.
Example: Clients haveJncreased
finandal.self-suffidency.
Example: By June 31, 2024, iSdients
have started to receive appropriate
benefits.
Example.. File Is
considered complete
upon.receipt of award
letter.
8. Eligible Activity for General Funds: (Check all that apply)
□
Promotes the positive development of youths, adults and/or seniors
□
Strengthens the capability of families and the self-sufficiency of adults
□
Assists Scottsdale residents of all ages to address crisis needs
19132361
Exhibit “A” to Exhibit D
Page 21 of 29
Resolution No. 13617
Contract No. 2026-XX-COS
General/Scottsdale Cares/Endowment/SRPMIC
(Professional Services Agreement over $50,000)
9. Funds will pay for the following costs. Actual costs reimbursed under the contract
will be those costs directly attributable to this program. (Refers to Program Budget
Summary located on the next page.)
Personnel Services:
(For example, list FTE position(s) that this funding
will pay for.)
Contracted Services:
(Explain in detail vyhat contracted services wiil pay
for, especially professional services.)
Supplies & Miscellaneous:
(Explain in detail what funding will be used for.)
19132361
Exhibit “A" to Exhibit D
Page 22 of 29
Resoiution No. 13617
Contract No. 2026-XX-COS
General/Scottsdale Cares/Endowment/SRPMIC
(Professional Services Agreement over $50,000)
Budget (Contract Exhibit “B”)
TOTAL PROGRAM BUDGET SUMMARY
Funding Year; 7/01/26 - 6/30/27
Agency Name:
Program Name:
Revenues
Column (A)
City of
Scottsdale
Column (B)
Other
Sources
Committed - C
or Tentative -T
Sum total of
(A+B)
TOTAL
City of Scottsdale
C
TOTAL PROGRAM REVENUES
Expenditures
Salaries
Total Personnel Services
ERE
•%•••*%*♦*♦%%%%%%%••%
mmrni
Professional Services
Telephone
Utilities
Rent
Insurance
Travel/Mileage
Other (specify)
Other (specify)
other (specify)
Total Contracted Services
Office Supplies
I
Building Materials
Printing/Duplication
Other (specify)
Other (specify)
%***♦%%■%*♦%%%%•*••*■♦%%*
Total Supplies & Miscellaneous
m
r-
19132361
Exhibit “B" to Exhibit D
Page 23 of 29
Resolution No. 13617
Contract No. ;2026-XX-COS
General/Scottsdale Cares/Endowment/SRPMIC
(Professional Services Agreement over $50,000)
INVOICE#
(to appear on Agency letterhead)
Date:
TO:
Paiute Neighborhood Center
Community Assistance Office
6535 E Osborn Rd., Bldg. 8
Scottsdale, AZ 85251
RE: Agreement #2026-XXX-COS
BRIEF DESCRIPTION OF SERVICES PROVIDED:
Amount Requested:
2027.
_for (XX%) of the Funds allocation for FY2026-
Remit Payment To:
Authorizing Agency Signature and Title
19132361
Exhibit “B" to Exhibit D
Page 24 of 29
Resolution No. 13617
Contract No, 2026-XX-COS
General/Scottsdale Cares/Endowment/SRPMIC
(Professional Services Agreernent over $50,000)
Funds FY 2026-2027
Report
Check one of the following invoice/reporting periods;
Agency Name.
□ July 1,2026 through October 15, 2026
□ October 16, 2026 through Jariuary 15, 2027
□ January 16, 2027through April 15, 2027
□ April 16, 2027 through June 15, 2027
Program Name
1. Itemize Fund expenditures. Please attach general ledger summary.
Funds Grant Expenditure
Amount
Total
2. List Outputs your agency is using to measure outcomes and include data for the
reporting period____________________ (See Scope of Work (Exhibit A), item 7)
3. Describe the specific and measurable outcomes by which your agency gauges the
success of this program. (See Scope of Work (Exhibit A), item 7)
4. Demographic Information (if avaiiable)
Total number of clients assisted:______
Race: White:
Black/African American:
Asian:_
19132361
Exhibit “B” to Exhibit D
Page 25 of 29
Resolution No. 13617
Contract No. 2026-XX-COS
General/Scottsdale Cares/Endowment/SRPMIC
(Professional Services Agreement over $50,000)
American Indian/Alaskan Native:_________ Native Hawaiian/Other Pacific islander_
American Indian/Alaskan Native and White:_______ Asian and White::________
Black/Ahican American and White:________
American Indian/Alaskan Native & Biack/African American:_
Other Multi-Racial:
Ethnicity:
Hispanic:_
Non-Hispanic:_
(must total number of clients assisted)
Elderly (>62):,
Female Head of Household:
Disabled:
Income Range
# of Clients
$0 - $9,999
$10,000 - $19,999
$20,000 - $29,000
$30,000 - $39,000
$40,000-49,000
$50,000 - $59,000
$60,000+
Zip Codes
# of Clients
85250
85251
85252
85254
85255
85256
85257
85258
85259
85260
85261
85262
85266
85267
85271
PLEASE DO NOT MODIFY THIS DOCUMENT
19132361
Exhibit “B" to Exhibit D
Page 26 of 29
Resolution No. 13617
Contract No. 2026-XX-COS
General/Scottsdale Gares/Endowment/SRPMIC
(Professional Services Agreement over $50,000)
TOTAL SCOTTS MESA TEMPE CHANDLER GILBERT PHX OTHER
19132361
Exhibit “B” to Exhibit D
Page 27 of 29
Resolution No. 13617
SAMPLE ACORD CERTIFICATE OF INSURANCE (Contract Exhibit "C")
ACORD^
CERTIFICATE OF LIABILITY INSURANCE
DATE (MM/DD/YY)
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT
AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT
CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S). AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT; If the certificate holder Is an ADDITIONAL INSURED, the pollcy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of
the policy^ certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s).
PRODUCER
INSURED
THIS MUST MATCH EXACTLY TO THE CONTRACTOR NAME AND
INFORMATION AS USTED IN THE CONTRACT OR SCOPE OF WORK.
CONTACT
NAME:
S.EX.,:
Fax
(A/C. No):
PRODUCER
CUSTOMER ID«;
INSURER(S) AFFORDING COVERAGE
INSURER A:
NAIC#
INSURER B:
INSURER C:
INSURER D:
INSURER E:
INSURERF:
COVERAGES
CERTIFICATE NUMBER:
REVISION NUMBER:
TtHIS IS TO CERTIFY THAT THE POUCIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT.
TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE,POUCIES DESCRIBED
HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POUCIES. UMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INS
LTR
TYPE OF INSURANCE
ADDL
INSR
SUBR
WVD
POLICY NUMBER
POLICY EFF
(MM/DD/YYYY)
POLICY EXP
(MM/DD/YYYY)
LIMITS
GENERAL LIABILITY
COMMERCIAL GENERAL LIABILITY
CLAIMS MADE □ OCCUR
GEN'L AGGREGATE LIMIT
APPLIES PER:
□POLICYnPROJECTDLOC
□
□
EACH OCCURRENCE
$
DAMAGE TO RENTED
PREMISES (Ea
Occurrence)
$
MEDICAL EXP
(Any One Person)
$
PERSON/U. & ADV
INSURY
$
GENERAL AGGREGATE
$
PRODUCTS-COMP/OP
AGG
$
AUTOMOBILE UABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
N0N-0\WNE0 AUTOS
□
□
COMBINED SINGLE
LIMIT
(Ea accident)
$
BODILY INJURY
(Per person))
$
BODILY INJURY
(Per accident)
$
PROPERTY. DAMAGE
(Per Accident)
$
Umbrella Uab DoCC
Excess Liab DcLAIMS MADE
DEDUCTIBLE
RETENTIONS
□
□
EACH OCCURRENCE
$
AGGREGATE
$
$
$
WORKERS COMPENSATION AND
EMPLOYER'S UABILITY
ANY
PROPRIETOR/PARTNER/EXECUTIVE
officer/Member excluded?
Y/N□
(Mandatary in NH)
If yes, describe under
SPECiAL PROVISIONS BELOW:
N/A
□
WC STATU-TORY LIMITS OTHER
EL EACH ACCIDENT
EL DISEASE . POLICY
LIMIT
$
$
EL DISEASE. EA
EMPLOYEE
$
□
□
Description of Operatlons/Locations/VehlclesiAttach ACORD 101, Additional Remarks Schedule, if more space is required)
City of Scottsdale, its representatives, agents and empioyees, is an Additionai Insured under Commercial General Liability and Auto Liability. Ali cited insurance'shaii be primary coverage and waive rights of recovery
(subrogation), including WbrKers Compensation, against City of Scottsdale. Contract #2024
CERTIFICATE HOLDER
CANCELLATION
City of Scottsdale
Attn: Paiute Neighborhood Center
Community Assistance Office
6535 E Osborn Rd., Bldg. 8
Scottsdale, AZ 85251
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
ACORD 25(2009/09)
19132361
The ACORD name and logo are registered marks of ACORD
Exhibit “C” to Exhibit D
Page 28 of 29
Resoiution No. 13617
e 198^2009 ACORD CORPORATION. AH Rights Rsierved.
EXHIBIT “D”
AGENCrS DESIGNATED CONTRACT REPRESENTATIVES
Communication and details concerning management, financial and performance of this Agreement shall be
directed to the following designated contract representatives;
CEO/President:
□ Signature Authority □ Primary Contact □ insurance information
Name
Title
Address
City
State
Zip
Direct Phone Number
Email Address
Contract and Biilinq: □ Signature Authority □ Primary Contact □ insurance information
Name
Title
Address
City
State
Zip
Direct Phone Number
Email Address
Performance Reporting: □ Signature Authority □ Primary Contact □ insurance information
Name
Title
Address
City
State
Zip
Direct Phone Number
Eriiail Address
* Please indicate which representative has signature authority, is the primary contact, and is responsible for
insurance information.
19132361
Exhibit “D" to Exhibit D
Page 29 of 29
Resolution No. 13617