Supporting Document (22b49f23...)
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Meeting Date:
General Plan Element:
General Plan Goal:
ACTION
April 28, 2026
Provide for the orderly administration of the affairs of the City
Fiscal management
Adopt Resolution Number 13640 to authorize: 1. The Mayor to execute Contract No.
2026-052-COS, a Professional Service Contract for Nurse Case Management Services with
IMA Evaluations, LLC from funds paid from the City's Safety and Risk Management
Department Operating Budget. 2. The City Manager, City Treasurer, City Attorney, and
their respective staff, to execute any other documents and take such other actions as
necessary to carry out the purpose of this Resolution.
BACKGROUND
The Risk Management Department administers the self-funded workers’ compensation program
including, but not limited to, claims set up and file documentation, filings and correspondence with the
Arizona Industrial Commission, the review and authorization of medical treatment, review and
assistance with injury related work absences and transitional duty work restrictions, payment of all
treatment related expenses, and legal compliance.
Under certain circumstances, the workers’ compensation adjuster(s) need to utilize a Nurse Case
Manager to provide individualized telephonic and in-person services on a specific claim. The
contracted services include research and coordination of medical treatment and disability
management to facilitate the adjuster(s) ability to timely process claims. Often it allows the adjuster
to take immediate action. The service also is instrumental for treatment quality and cost effectiveness.
It allows for the Nurse Case Manager to assist the injured employee in understanding treatment and
rehabilitation programs, as well as assist them with the coordination of complex treatments for multiple
injuries.
The Risk Management Department issued a Request for Proposal with multiple awards (RFP), to
which four firms responded. A committee reviewed responses and charted and compared firm
qualifications. The committee ranked and selected the three firms being recommended as the most
qualified to provide this service based on their rates, availability, catastrophic management capability,
reporting, contract exceptions, and knowledge/expertise. The recommended contracts are all have
stated not to exceed amounts of $150,000. However, the total anticipated annual need for this
expenditure should not exceed a total of $150,000.
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City Council Report | Authorize Settlement
ANALYSIS & ASSESSMENT
Recent Staff Action
A selected committee reviewed responses and compared qualifications to meet the anticipated needs
of the City and then selected this contractor.
Policy Implications
City policy on procurement of professional services was followed.
Significant Issues to be Addressed
None.
Community Involvement
N/A.
RESOURCE IMPACTS
Available funding
Funding is part of the individual claims costs which are paid through the Self-Insured Loss Trust Fund
for the City of Scottsdale.
Staffing, Workload Impact
Use of Nurse Case Management provides the workers’ compensation adjusters with additional
effectiveness and efficiencies. This contributes to the ability of the workers’ compensation adjuster to
handle a larger number of claims files and helps ensure that injured employees are provided with the
most effective and efficient medical care possible to assist them in returning to work.
Future Budget Implications
No future budget requirements are anticipated at this time.
OPTIONS & STAFF RECOMMENDATION
Recommended Approach
The City Attorney's Office recommends that the Council adopt Resolution 13640.
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City Council Report | Authorize Settlement
Proposed Next Steps
If the settlement is approved, City representative[s] will execute settlement documents as
proposed.
RESPONSIBLE DEPARTMENT(S)
City Attorney's Office - Civil Division
Safety and Risk Management Division
STAFF CONTACTS (S)
George Woods, Jr., Safety and Risk Management Director, gwoods@scottsdaleaz.gov
Luis E. Santaella, Interim City Attorney, lsantaella@scottsdaleaz.gov
APPROVED BY
George Woo^jr., Director
Safety and Risk Management Division
(480) 312-7040
gwoods@scottsdaleaz.gov
Luis E. Santaella, Interim City Attorney
(480) 312-2405
sscott@scottsdaleaz.gov
Date
•-i ' I W - 2
Date
ATTACHMENTS
1.
Resolution No. 13640 ,
2.
Contract No. 2026-052-COS
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RESOl-UTION NO. 13640
A RESOLUTION OF THE COUNCIL OF THE CITY OF SCOTTSDALE,
MARICOPA COUNTY, ARIZONA, APPROVING PROFESSIONAL SERVICES
CONTRACT NO. 2026-052-COS, WITH IMA EVALUATIONS, LLC FOR NURSE
CASE MANAGEMENT SERVICES.
WHEREAS, the city has a need Tor nurse case management services; and
WHEREAS, IMA Evaluations, LLC was selected by the city to provide these professional
services in an amount not to exceed $150,000 annually.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Scottsdale, Maricopa
County, Arizona, as follows:
Section 1. The City Council hereby authorizes, approves and directs the Mayor to
execute, on behalf of the city. Professional Services Contract No. 2026-052-COS with IMA
Evaluations, LLC to provide nurse case management services.
Section 2. The City Council hereby authorizes the City Manager, City Treasurer, City
Attorney, and their respective staff 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
APPROVED AS TO FORM:
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Luis E. Santaella, Interim City Attorney
By: Lindsay Hampshire, Assistant City Attorney
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Resolution No. 13640
Contract No. 2026-052-COS
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CITY OF SCOTTSDALE
PROFESSIONAL SERVICES CONTRACT
CONTRACT NO. 2026-052-COS
NURSE CASE MANAGEMENT
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This Professional Services Contract ("Contract”) is entered into this 14th day of April, 2026
(“Effective Date”), between the City of Scottsdale, an Arizona municipal corporation ("City”), and
IMA Evaluations, LLC, a New York limited liability company (“Consultant”). For purposes of this
Contract, the City and Consultant may be referred to individually as a “Party” and collectively as
the “Parties”.
RECITALS
A.
The Mayor of the City of Scottsdale is authorized and empowered by provisions of the City
Charter to execute contracts for professional services.
B.
The City desires to contract for Nurse Case Management Services.
C.
Consultant is duly qualified to perform the requested professional services.
AGREEMENT
FOR AND IN CONSIDERATION of the mutual promises and covenants contained herein, and for
other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the Parties agree as follows;
1.
INCORPORATION OF RECITALS. The Recitals set forth above are incorporated into
and made a part of this Contract.
2.
SERVICES, ACCEPTANCE, DOCUMENTATION.
2.1 Services. The entire solicitation No. 26RFP042, identified as Nurse Case
Management, (“Solicitation”) is incorporated by this reference as if set out fully herein.
Consultant’s proposal submitted in response to the Solicitation dated December 19,2025
("Proposal”) is incorporated by this reference as if set out fully herein. If any provision of
the Proposal conflicts with, or is in any way inconsistent with, any provision of the
Solicitation, this Solicitation will control. If any provision of the Proposal, including but not
limited to any limitation of liability or disclaimer of warranty language, conflicts with, or is
in any way inconsistent with, any provision of this Contract, this Contract will control.
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2.2
Acceptance. Each task will be reviewed and approved by the Contract
Administrator to determine acceptable completion. The City will provide all necessary
information to Consultant for timely completion of tasks.
2.3
Documentation. Ail documents, Including but not limited to data compilations,
studies, and reports which are prepared in the performance of this Contract will remain
the property of the City and must be delivered to the Contract Administrator before final
payment is made to Consultant.
2.4
Billing Records; Audit. The time spent for each task must be recorded and
submitted to the Contract Administrator. Consultant must maintain all books, papers,
documents, accounting records, and other evidence pertaining to time billed and costs
incurred and make these materials available for audit by the City in accordance with
Section 12.4, Record and Audit Rights.
3.
PAYMENTS.
4.
5.
3.1 Fee Schedule.
Consultant will be paid according to the Pricing Proposal forms submitted in
Consultant’s proposal dated January 14, 2026, attached as Exhibit A for reference.
Amounts indicated in this section represent the entire amounts payable under this
Contract. Additional expenses will not be authorized.
3.2
Payment Approval. All charges must be approved by the Contract Administrator
before payment.
3.3
Payment Terms. Payment is due no later than twenty-five (25) days after the
Contract Administrator’s approval of any invoice. In no event will the City issue payment
prior to receipt of an original, approved form of invoice containing accurate invoice and
reference numbers. The City will not be liable for any delays in payment caused by
Consultant’s failure to timely submit invoices. Consultant shall send an electronic copy of
all invoices to the Contract Administrator for approval. Upon approval, all invoices shall be
sent to the City at the following address:
City of Scottsdale
Accounts Payable
7447 E. Indian School Road, Suite 210
Scottsdale, Arizona 85251-4468
TERM AND RENEWAL. The initial term of this Contract shall be for a period of 1 (one)
year, commencing on the Effective Date. The Parties may extend this Contract for up to 4
(four) additional terms of 1 (one) year each, subject to the same terms and conditions
outlined herein, without returning to City Council. Any such extensions shall be in the form
of an amendment to this Contract and signed by the Purchasing Director or designee and
the Consultant’s authorized representative
CONTRACT ADMINISTRATOR. The “Contract Administrator” for the City is Denise Plug.
The Contract Administrator will serve as Consultant's primary point of contact with the
City, monitor Consultant's performance, review and approve invoices, establish delivery
schedules, and in conjunction with Purchasing ensure Certificates of Insurance are
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Contract No. 2026-052-COS
6.
7.
current, conform to the requirements of this Contract, and are in the City’s possession.
Consultant will direct any reports and/or special requests to the Contract Administrator.
NOTICES. All notices, requests, demands, consents, approvals, and other
communications which may be or are required to be served or given under this Contract,
shall be in writing and hand delivered or sent by registered or certified United States mail,
return receipt requested, postage prepaid, addressed to the Party or Parties, as follows;
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If to City:
Copy to;
|f to Consultant-
City of Scottsdale
Attn: Safety & Risk Management
7447 E. Indian School Rd Ste 225
Scottsdale, AZ 85251
City of Scottsdale
Attn: City Attorney
3939 N. Drinkwater Blvd.
Scottsdale, AZ 85251
IMA Evaluations, LLC
Attn: Trevor Smith
1762 Central Ave, Ste 201
Albany, NY 12205
CONSULTANT’S PERFORMANCE.
7.1
Evaluation of Consultant’s Performance. The Consultant will be evaluated
regarding its performance of this Contract. This evaluation will include, but not be limited
to the following factors:
Completeness
Accuracy
Technical Expertise
Organization
Working Relationship with City Staff and Others
Availability
Communication Skills (meetings, correspondence, etc.)
This evaluation will be prepared by City staff and used to evaluate the desirability to
contract with the Consultarit for services in the future.
7.2
Completeness and Accuracy. The Consultant will be responsible for the
completeness and accuracy of its work. The Consultant will correct, at its expense, any
errors or omissions which may be disclosed. The cost to correct those errors will be
chargeable to the Consultant.
7.3
Subcontractors. During the performance of the Contract, the Consultant may
engage any additional Subcontractors as may be required for the timely completion of this
Contract. The addition of any Subcontractors requires that the Consultant first obtain the
approval of the City.
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7.3.1
In the event of subcontracting, the sole responsibility for fulfillment of all
terms and conditions of this Contract rests with the Consultant.
7.3.2 The Consultant will pay its Subcontractors within seven (7) calendar days
of receipt of each progress payment from the City. The Consultant 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 wili resuit in a corresponding reduction to Subcontractors who have
performed satisfactory work. The Consultant will pay Subcontractors the reduced
retention within fourteen (14) calendar days of the payment of the reduction of the
retention to the Consultant. No Contract between the Consultant and its
Subcontractors may materially alter the rights of any Subcontractor to receive
prompt payment and retention reduction as provided in this Contract.
7.3.3
If the Consultant fails to make payments in accordance with these
provisions, the City may take any of one or more of the following actions and the
Consultant agrees that the City may take these actions:
(A) Hold the Consultant in default under this Contract;
(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 Consultant for
a period not to exceed 1 year from the completion date of this project; or
(D) Terminate this Contract.
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8. TERMINATION.
8.1
Termination for Convenience. City reserves the right to terminate this Contract
or any part of this Contract for its sole convenience with 30 days’ written notice. In the
event of any termination, Consultant 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 any termination. Consultant will
receive a fee for the percentage of services actually completed. This fee will be in the
amount to be mutually agreed upon by Consultant 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 Consultant’s
compensation will be based upon this determination. The City will make this final payment
within 60 days after Consultant has delivered the last of the partially completed items.
Consultant will not be paid for any work done after receipt of the notice of termination, nor
for any costs incurred by Consultant’s suppliers or Subcontractors, which Consultant could
reasonably have avoided.
8.2
Cancellation for Cause. City may also cancel this Contract or any part of this
Contract with seven (7) days’ notice for cause in the event of any default by Consultant,
or if Consultant fails to comply with any of the terms and conditions of this Contract.
Unsatisfactory performance as judged by the Contract Administrator or failure to provide
City, upon request, with adequate assurances of future performance are all causes
allowing City to cancel this contract for cause. In the event of cancellation for cause. City
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will not be liable to Consultant for any amount, and Consultant 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 Consultant is in violation of any federal, state, county or city law, regulation
or ordinance, the City may terminate this contract immediately upon giving notice to
Consultant.
If the City improperly cancels the Contract for cause, the cancellation for cause will be
converted to a termination for convenience.
8.3 Funds Appropriation. If the Scottsdale City Council does not appropriate funds
to continue this Contract and pay for charges under this Contract, the City may terminate
this Contract at the end of the current fiscal period. The City agrees to give written notice
of termination to Consultant at least 30 days prior to the end of its current fiscal period and
will pay to Consultant all approved charges incurred through the end of this period.
9. INSURANCE.
9.1
General. Consultant agrees to comply with all applicable City ordinances and
state and federal laws and regulations. Without limiting any obligations or liabilities of
Consultant, Consultant must purchase and maintain, at its own expense, this Contract’s
stipulated minimum insurance with insurance companies properly 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 the City. Failure to maintain insurance as specified may result
in temiination of this Contract at the City’s option.
9.2
Certificates of Insurance. A current Acord Certificate is acceptable. Failure to
provide an appropriate Certificate of Insurance will result in rejection of your certificate,
delay in Contract execution, and/or termination of Contract. Additionally, Certificates of
Insurance submitted without referencing a Contract number may be subject to rejection
and returned or discarded.
9.3
No Representation of Coverage Adequacy. By requiring the insurance stated
in this Contract, the City does not represent that coverage and limits will be adequate to
protect Consultant. The City reserves the right to review any and all of the insurance
policies and/or endorsements required by in this Contract but has no obligation to do so.
Failure to demand any evidence of full compliance with the insurance requirements stated
in this Contract or failure to identify any insurance deficiency does not relieve Consultant
from, nor may it be construed or considered a waiver of, Consultant’s obligation to maintain
the required insurance at all times during the performance of this Contract.
9.4
Coverage Term. All insurance required by this Contract must be maintained in
full force and effect until all work or services required to be performed under the terms of
this Contract are satisfactorily performed, completed, and formally accepted by the City,
unless othenwise specified in this Contract.
9.5
Claims Made. In the event any insurance policies required by this Contract are
written on a "claims made" basis, coverage shall continue uninterrupted throughout the
term of this Contract by keeping coverage in force using the effective date of this Contract
t 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 Contract and can never be after
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the effective date of this Contract. Upon completion or termination of this Contract, 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 completion or termination of this Contract.
9.6
Policy Deductibles and/or Self-Insured Retentions. The policies stated in these
requirements may provide coverage which contains deductibles or self-insured retention
amounts. Any deductibles or self-insured retention are not applicable to the policy limits
provided to the City. Consultant is solely responsible for any deductible or self-insured
retention amount. The City, at its option, may require Consultant to secure payment of any
deductible or self-insured retention by a surety bond or irrevocable and unconditional
Letter of Credit.
9.7
Use of Sub-Contractors. If any work under this Contract is subcontracted in any
way. Consultant must execute a written agreement with Subcontractor containing the
same Indemnification Clause and Insurance Requirements stated in this Contract
protecting the City and Consultant. Consultant will be responsible for executing the
agreement with Subcontractor and obtaining Certificates of Insurance verifying the
insurance requirements.
9.8
Evidence of Insurance and Requirement Endorsements. Before beginning any
work or services under this Contract, Consultant must furnish the City with Certificate(s)
of Insurance, or formal endorsements as required by this Contract, issued by Consultant’s
insurer(s) as evidence that policies are placed with acceptable insurers as specified in this
Contract and provide the required coverage, conditions, arid limits of coverage and that
any coverage and provisions are in full force arid effect. If a Certificate of Insurarice is
submitted as verification of coverage, the City will reasonably rely upon the Certificate of
Insurance as evidence of coverage, but any acceptance and reliance will not waive or alter
in any way the insurance requirements or obligations of this Contract. If any of the required
policies of insurance expire during the life of this Contract, it will be Consultant's
responsibility to forward renewal Certificates within 10 days after the renewal date
containing all the aforementioned insurance provisions. Certificates will specifically cite
the following provisions endorsed to the Consultant’s policy:
9.8.1
The City of Scottsdale, its agents, representatives, officers, directors,
officials and employees must be named as Additional Insured under the following
policies:
a. Commercial General Liability
b. Auto Liability
c. Excess Liability - Follow Form to underlying insurance as required.
9.8.2 Consultant’s insurance must be primary insurance as respects
performance of subject contract.
9.8.3 All policies, except Professional Liability insurance, if applicable, waive
rights of recovery (subrogation) against the City, its agents, representatives.
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officers, directors, officials, and employees for any claims arising out of work or
services performed by Consultant under this Contract.
9.8.4 If Consultant receives notice that any of the required policies of insurance
are materially reduced or cancelled, it will be Consultant’s responsibility to provide
prompt notice of same to the City, unless such coverage is immediately replaced
with similar policies.
9.9
Commercial General Liability. Consultant must 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. If any excess insurance is utilized to fulfill the requirements of this
paragraph, the excess insurance must be “follow form” equal or broader in coverage scope
than the underlying insurance.
9.10
Professional Liability. If the Contract is the subject of any professional services
or work, or if Consultant engages in any professional services or work adjunct or residual
to performing the work under this Contract. Consultant must maintain Professional Liability
insurance covering errors and omissions arising out of the work or services performed by
Consultant, or anyone employed by Consultant, or anyone for whose acts, mistakes,
errors and omissions Consultant is legally liable, with a liability insurance limit of
$1,000,000 each claim and $2,000,000 all claims.
9.11
Auto Liability. If any vehicle is used in the performance of the Scope of Work that
is the subject of this contract, the Consultant must maintain Business Automobile Liability
insurance with a limit of $1,000,000 each accident on the Consultant’s owned, hired, and
non-owned vehicles assigned to or used in the performance of the Consultant’s work or
services under this Contract. If any excess insurance is utilized to fulfill the requirements
of this paragraph, the excess insurance must be "follow form" equal or broader In coverage
scope than the underlying insurance.
9.12
Workers’ Compensation Insurance. Consultant must maintain Workers’
Compensation insurance to cover obligations imposed by federal and state statutes
applicable to Consultant’s employees engaged in the performance of work or services
under this Contract, 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. If Consultant is a sole proprietor or a single member limited liability company
with no employees, and has elected not to purchase Workers’ Compensation Insurance,
a completed and signed Workers’ Compensation Waiver Form will substitute for this
insurance requirement.
10. INDEWINIFICATION.
To the fullest extent permitted by law. Consultant, its successors, assigns, and guarantors
must defend, indemnify, and hold harmless the 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 expenses, related to, arising from or out of, or resulting from, any act or
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omission, negligence, recklessness, or intentional wrongful conduct by Consultant in the
performance of this Contract, 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 Consultant's and Subcontractor’s
employees. This indemnity obligation does not apply to, and Consultant shall be held
harmless from and against all suits, demands, or claims related to, the sole negligence of
the City, its agents, representatives, officers, directors, officials, and employees.
Insurance provisions in this Contract 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.
11. COMPLIANCE WITH ARIZONA AND FEDERAL LAWS.
11.1
Conflict of Interest. 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 contract on behalf of the City’s departments or agencies is, at any
time while the contract or any extension of the contract is in effect, an employee of any
other party to the contract in any capacity or a contractor to any other party to the contract
with respect to the contract’s subject matter. The cancellation will be effective when all
other parties to the contract receive the City’s written notice unless the notice specifies a
later time (Arizona Revised Statute § 38-511).
11.2
Immigration Law Compliance. Under the provisions of Arizona Revised Statute
§41-4401, Consultant warrants to the City that Consultant and all its subcontractors will
comply with all federal immigration laws and regulations that relate to their employees and
that Consultant and all its subcontractors now comply with the E-Verify Program under
Arizona Revised Statute §23-214(A).
A breach of this warranty by Consultant or any of its subcontractors will be considered a
material breach of this Contract and may subject Consultant or Subcontractor to penalties
up to and including termination of this Contract or any subcontract. Consultant will take
appropriate steps to assure that all subcontractors comply with the requirements of the E-
Verify Program. Consultant’s failure to assure compliance by all its subcontractors with
the E-Verify Program may be considered a material breach of this Contract by the City.
The City retains the legal right to inspect the papers of any employee of Consultant or any
subcontractor who works on this Contract to ensure that Consultant or any subcontractor
is complying with the warranty given above.
The City may conduct random verification of the employment records of Consultant and
any of its subcontractors to ensure compliance with this warranty. Consultant 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.
11.3
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.
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11.4
Israel Boycott Prohibition. To the extent applicable under Arizona Revised
Statute §35-393, Consultant certifies that it is not currently engaged in, and agrees for the
duration of the Contract to not engage in, a boycott of Israel.
11.5
Forced Labor Prohibition. To the extent applicable under Arizona Revised
Statute §35-394, Consultant warrants and certifies that it does not currently, and agrees
for the duration of the Contract that it will not, use:
a.
The forced labor of ethnic Uyghurs in the People’s Republic of China.
b.
Any goods or services produced by the forced labor of ethnic Uyghurs in the
Peopie’s Republic of China.
c.
Any contractors, subcontractors, or suppliers that use the forced labor or any
goods or services produced by the forced labor of ethnic Uyghurs in the
People’s Republic of China.
If Consultant becomes aware during the term of the Contract that Consultant is not in
compliance with this paragraph. Consultant shall notify the City within five (5) business
days after becoming aware of the noncompliance. If Consultant fails to provide a written
certification that Consultant has remedied the noncompliance within one hundred eighty
(180) days after notifying the public entity of its noncompliance, this Contract shall
terminate unless the Term of this Contract shall end prior to said one ,hundred eighty (180)
day period.
11.6
Federal Laws. Consultant agrees to comply with all applicable federal laws,
including but not limited to the Americans with Disabilities Act, the Immigration Reform
and Control Act of 1986, and the Drug Free Workplace Act of 1989.
11.7
Americans with Disabiiities Act. Consultant 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. Consultant will provide the services specified in this
Contract in a manner that complies with the ADA and any and all other applicable federal,
state and local disability rights legislation. Consultant agrees not to discriminate against
disabled persons in the provision of services, benefits or activities provided under this
Contract and that any violation of this prohibition on the part of Consultant, its employees,
agents or assigns will constitute a material breach of this Contract.
12. GOWIPLIANCE WITH CITY REQUIREMENTS.
12.1
Advertising. No advertising or publicity concerning the City using Consultant’s
services shall be undertaken without prior written approval of such advertising or publicity
by the Contract Administrator and the City Attorney.
12.2
No Donations Allowed. To avoid the appearance of impropriety. Consultant shall
not make any donatibh to the City of any goods or services during the term of this
Contract, unless it has specifically been approved by the City Manager or designee.
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Contract No. 2026-052-COS
12.3
Request for Taxpayer I.D. Number and Certification I.R.S. W-9 Form. Upon
request. Consultant will provide the required I.R.S. 2-9 Form, which is available from the
I.R.S. website at www.IRS.qov under their forms section.
12.4 Records and Audit Rights. Consultant’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 Contract are 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 the cost of the work, and any invoices,
change orders, payments or claims submitted by Consultant or any of his payees in
accordance with the terms of the Contract. The City’s authorized representative must be
given access, at reasonable times and places, to all of Consultant’s records and personnel
in accordance with the provisions of this article throughout the term of this Contract and
for a period of 3 years after last or final payment.
Consultant must require all Subcontractors, insurance agents, and material suppliers
(payees) to comply with the provisions of this Section by insertion of these contract
requirements in a written contract agreement between Consultant 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
Consultant to the City in excess of 1% of the total contract billings, the actual cost of the
City’s audit will be reimbursed to the City by the Consultant. Any adjustments and/or
payments which must be made as a result of any audit or inspection of the Consultant’s
invoices and/or records will be made within a reasonable amount of time (not to exceed
90 days) from presentation of City’s findings to Consultant.
12.5
Background Check. Consultant acknowledges that the City may require a
background and/or criminal records check of Consultant, which may include
fingerprinting. If, in the City’s sole discretion, the City determines that Consultant refused
to participate in a background or criminal records check, or the City no longer wishes to
contract with Consultant due to the results of a background or criminal records check, the
City may terminate this Contract effective immediately upon the City’s notice to
Consultant.
12.6
On Site Safety 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 on site at a City of Scottsdale location(s) in any one calendar quarter, the
following documentation must be provided by the contractor to the Contract Administrator
("CA”):
1
O
O
o
c
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;
the above information is to be provided to the CA initially and every
February thereafter as long as the contract is in force;
the Contract Administrator will provide this information to Risk
Management when requested.
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Contract No. 2026-052-COS
13. MISCELLANEOUS.
13.1
Arizona Law; Venue. This Contract shall be governed and interpreted according
to the laws of the State of Arizona, and any cause of action pertaining to this Contract may
be brought only in courts in Maricopa County, Arizona.
13.2
Attorney Fees. In the event either party brings any action for any relief,
declaratory or otherwise, arising out of this Contract, or on account of any breach or
default, the prevailing party will 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 the action is prosecuted to judgment.
13.3
Severability. If any provision of this Contract is found by a court of competent
jurisdiction to be illegal, invalid, or unenforceable, then such provision shall be deemed
deleted, the remaining provisions shall not in any way be affected or impaired thereby,
and this Contract shall remain in full force and effect.
13.4
Entire Agreement. This Contract constitutes the entire understanding between
the Parties and supersedes all previous representations, written or oral, with respect to
the subject matter contained herein.
13.5
Amendments. Except as otherwise provided herein, this Contract may not be
modified or amended except by written agreement of the Parties. The foregoing
notwithstanding;
13.5.1 Changes in the Work. The City may at any time, as the need arises, order
changes to the scope of the work without otherwise modifying, amending, or
invalidating this Contract. If any such changes increase or decrease the amount
due under this Contract or the time required for performance of the work, an
equitable adjustment will be authorized by a written Change Order. The City will
execute a formal Change Order based on detailed written quotations from the
Consultant for virork-related changes or time of completion variance. All Change
Orders must be approved by both the City's Contract Administrator and Purchasing
Director or designee. All Change Orders are subject to, and must comply with, the
City’s Procurement Code (Division 4, Article IV, Chapter 2 of the Scottsdale
Revised Code) and all adopted rules and established procedures of the City’s
Purchasing Department. The Consultant will not perform any services not
specifically described in this Contract and/or the Solicitation without a written
Change Order. If the Consultant performs any such services without a Change
Order, the Consultant will not receive any additional compensation.
13.6
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 Contract will
remain the property of the City and must be delivered to the Contract Administrator before
final payment is made to the Consultant. When the work detail covers only the preparation
of preliminary reports or documents, there will be no limitations on the City concerning use
of the ideas or recommendations in the reports or documents. The City will release the
Consultant from any liability for the preparation and use of preliminary reports or
documents.
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Contract No. 2026-052-COS
13.7
Cooperative Use of Contract. This Contract may be extended for use by other
municipalities, government agencies and governing bodies, including but not limited to the
Arizona Board of Regents, and political subdivisions of the State of Arizona, that has, at
the time of request, a cooperative purchasing agreement with the City, or that participates
in the Strategic Alliance for Volume Expenditures (SAVE) cooperative. Any usage by other
entities must be in accordance with the ordinances, charter, and/or rules and regulations
of the respective entity and must be approved by Contractor. Each participating entity that
orders goods or services under this Contract as provided above is solely responsible for
paying Contractor for those goods and services. The City is not responsible for any
disputes arising out of transactions made by other entities.
13.8
Assignment. Services covered by this Contract may not be assigned or sublet in
whole or in part without first obtaining the written consent of the Purchasing Director or
designee and Contract Administrator.
13.9
Counterparts. This Contract may be executed in one or more counterparts, each
of which shall be deemed an original, and all of which together shall constitute one and
the same instrument.
13.10 Authority. Each party warrants and represents that it has full power and authority
to enter into and perform this Contract, and that the person signing on behalf of each has
been properly authorized to enter into this Contract.
13.11 Successors and Assigns. This Contract extends to and is binding upon
Consultant, its successors and assigns, including any individual, company, partnership or
other entity with or into which Consultant merges, consolidates or is liquidated, or any
person, corporation, partnership or other entity to which Contractor sells its assets,
13.12 Independent Contractor. The services Consultant provides under the terms of
this Contract to the City are that of an Independent Consultant, not an employee, or agent
of the City. The City may report the value paid for these services each year to the Internal
Revenue Service (I.R.S.) using Form 1099. City will not withhold income tax as a
deduction from contractual payments unless required under federal or state law. As a
result of this. Consultant may be subject to I.R.S. provisions for payment of estimated
income tax. Consultant is responsible for consulting the local I.R.S. office for current
information on estimated tax requirements.
13.13 Force Majeure. Neither party will be responsible for delays or failures in
performance resulting from acts beyond their control. These acts include, but not limited
to, acts of God, riots, acts of war, epidemics, governmental regulations imposed after the
fact, fire, communication line failures, or power failures.
13.14 Taxes. The fee listed in this Contract includes all taxes applicable to the services
authorized. The City will have no obligation to pay additional amounts for taxes of any
type.
13.15 No Third Party Beneficiaries. Nothing in this Contract will be construed to give
any rights or benefits to any party other than the City and the Consultant. All duties and
responsibilities undertaken in accordance with the Contract will be for the sole and
exclusive benefit of the City and the Consultant and not for the benefit of any other party.
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Contract No. 2026-052-COS
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first set forth
above.
CITY OF SCOTTSDALE, an
Arizona municipal corporation
Lisa Borowsky, Mayor
CONTRACTOR:
IMA Evaluations, LLC
1762 Centra Ave, Ste 201
Albany, NY 12205
Mark Weinberger
Name
President & CEO
Title
ATTEST:
Ben Lane, City Clerk
REVIEWED BY:
Denise Plug
\ /
Contract Administrator v
Authorized Representative Signature
Jen^yers,JI^A, CPPpr,^iGP-CPP, CPPB
Purchasing ifeirector
G^Kge Woods
Safety and Risl^anagement Director
APPROVED AS TO FORM:
Luis E. Santaeiia, Interim City Attorney
By: Lindsay Hampshire, Asst. City Attorney
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Contract No. 2026-052-COS
I
Exhibit A
PRiCiNG PROPOSAL FORM - PAGE 1 of 1
FORMAL REQUEST FOR PROPOSAL
NURSE CASE MANAGEMENT
26RFP042
Offerors must propose a firm, fixed, fully ioaded hourly rate per service category listed on the pricing
proposal form below. Hourly rales provided on this form shall not Include mileage. If transportation Is
required, mileage will be reimbursed In addition to the applicable rat6(s).
NOTICE: Offeror's are strongly encouraged to read and understand the Consumer Price Index (CPI) Section.
Renewals with allowable price increases will strictly be based on the CPI percentage (%) rate for each applicable
renewal.
ITEM
DESCRIPTION
1.
Field Case Management
ESTIMATED
ANNUAL
QUANTITY
UNIT PRICE
EXTENDED TOTAL
700 Hours
93.00/HR
2.
3.
24-7 Catastrophic Case
Management*
100 Hours
10D.0D/HR*
TravefandVIfeltlng
200 Hours
^PP NntP Rptnw
S 10,000,00
$_
93.00/HR
$ 18.600.00
4.
Clerical Activities
100 Hours
93.0(yHR
S 9,300.00
5.
Mileage Reimbursement/per
mile
500 Miles
5_
.725/Mlle
S 362.50
6.
Medical Necessity Review by
Nurse
5 Reviews
S 650.00/Revlew
£
3,250.00
7.
Medical Necessity Review by
Peer Physician
5 Reviews
750.00/Revlew
£
3,750.00
$110,362.50
NOTE Via Unit Prices listed will be usea for pricing. Thetotel estimated expenditure will be used secondarily.
severe trauma, multiple providers, significant rieurologic Impairment, Tife-altermg conditions, or complex multidisciplinary
—I. Catastrophic status Is determined through clinical review at Intake based on Inlury severity, anticipated recovery
se, and required level of medical coordination. This Is always situational and collaborative between IMA and the City,
itastrophic case may be transitlohed to standard case management whenthe Injured worker s condition has stabilized
care
course,
t
_____jen the Injured worker's conii_________
.care follows a predictable treatment plan.
essionals and are supported by objective clinical
Dp not include any use, or federal excise tax In your bid. The City is exempt from the payment of |
federal excise tax and will add use tax as applicable.__________'
________________|
ADDENDA
The Bidder hereby acknowledges that his bld/broposal pricing Is based on ell of the addenda that were
Issued by the aty prior to the opening of this bld/proposal.
NO BID: If no bid please state reason:
If Applicable, Contractor's License Number and Classification:
COMPANY NAME: IMA Evaluations. LLC
Last Update OUI2niOK
COS RFP Template
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