SALT RIVER PIMA-MARICOPA INDIAN COMMUNITY

NOTICE OF SOLICITATION

SOLICITATION # CDD-24-069

SALT RIVER CEMETERY PHASED DATA RECOVERY

Notice is hereby given that sealed proposals are being accepted by the Salt River Pima-Maricopa Indian Community (SRPMIC or the “Community”) in conjunction with this Solicitation.

TABLE OF CONTENTS

1.0 INTRODUCTION

1.1 INTENT

1.2 BACKGROUND

2.0 PROPOSAL INSTRUCTIONS

2.1 TIMELINE

2.2 QUESTIONS AND CHANGES

2.3 DELIVERY OF PROPOSALS

2.4 PROPOSAL FORMAT

3.0 PROPOSAL EVALUATION

3.1 EVALUATION PANEL

3.2 EVALUATION CRITERIA

4.0 GENERAL TERMS AND CONDITIONS

4.1 RFP CONFIDENTIALITY

4.2 RIGHT TO AMEND

4.3 ACCEPTANCE OF PROPOSAL

4.4 LIMITATION AND AWARD

4.5 RFP AS THE BASIS FOR PROPOSALS

4.6 COST LIABILITY

4.7 AMENDED PROPOSALS

4.8 VENDORS RIGHT TO WITHDRAW PROPOSALS

4.9 NON-DISCLOSURE

4.10 GOVERNING LAW

4.11 PROHIBITION AGAINST CONTINGENT FEES

4.12 LICENSURE AND INSURANCE

4.13 CULTURAL SENSITIVITY TRAINING

4.14 PURCHASE ORDER REQUIRED

4.15 PURCHASE ORDER TERMS AND CONDITIONS

5.0 APPENDIX A: SCOPE OF WORK

6.0 APPENDIX B: PRICING

7.0 APPENDIX C: CLIENT REFERENCES

8.0 APPENDIX D: NON-COLLUSIVE AFFIDAVIT

9.0 APPENDIX E: SAMPLE CONTRACT

CDD-24-069 – Salt River Cemetery Phased Data Recovery Page 3

1.0 INTRODUCTION

1.1 INTENT

The intent of this Request for Proposals is to award a contract for the Salt River Cemetery

Expansion Phased Data Recovery project as required for the Salt River Pima-Maricopa Indian Community (SRPMIC, or ‘the Community’.)

1.2 BACKGROUND

The Salt River Pima-Maricopa Indian Community (SRPMIC or Community), Community Development Department, Environmental Protection & Natural Resources Division (CDD/EPNR Archaeology) is soliciting a cost proposal for development of a Historic Properties Treatment Plan (HPTP) and a phased data recovery program for planned construction of future cemetery use, specifically for burial plots, roadways and possible future restrooms (including a septic system), parking and committal shelter on an 10.4 acre parcel of Tribal land located along E. McDowell Road and east of N. Alma School Road.

The project area partially falls within or is in proximity to three known archaeological sites (see table below) and seven projected alignments of Prehistoric Period canals. The cultural and temporal affiliation associated with all three sites listed below are associated with the ancestral Huhugam of the Pioneer to Classic periods of the Formative stage. All three archaeological sites have been considered or determined eligible for the National Register of Historic Places (NRHP) listing under Criterion D, based on their potential to provide significant information about the early Hohokam occupation of the region. In addition, results from data recovery projects in the Salt River District (see for example, Doyel et al. 1995) indicate a high potential for additional subsurface archaeological deposits within the Salt River Cemetery Master Planning area. There are also several prehistoric canals mapped in the area; conducive to irrigated agriculture, that indicate the general area would have been farmed extensively and inhabited throughout prehistoric and historic eras.

Site Number (other site number)

Site Name/Site Type/Cultural Affiliation, Dates

NRHP Eligibility

SRPMIC-114

(AZ U:9:16[PGM],

SRVSS #24,

AZ U:9:21[ASU])

Cemaimagĭ Ki (formerly known as East Pueblo Blanco) / Huhugam village/ Pioneer – Colonial or early Sedentary periods (A.D. 500 –1000)

Determined eligible

AZ U:9:92(ASM) Huhugam artifact scatter & features / Classic Period (A.D. 1150–1350)

Determined eligible

AZ U:9:128(ASM) Huhugam artifact scatter & features/ Colonial Period (A.D. 750–950)

Recommended eligible

CDD-24-069 – Salt River Cemetery Phased Data Recovery Page 4

REFERENCES

Doyel, David E., Andrew T. Black, and Barbara S. Macnider (editors) 1995 Archaeological Excavations at Pueblo Blanco: The MCDOT Alma School Road

Project. Cultural Resources Report No. 90, 2 Vols. Archaeological Consulting Services, Ltd., Tempe.

Hackbarth, Mark, Michael S. Foster, John Rapp, Chris Watkins, and Tom Wright 2011 The East Pueblo Blanco Project: Archival and Field Investigations for the Salt River

Maricopa Indian Community, Maricopa County, Arizona. Technical Report 115060.

Logan Simpson Design, Tempe.

Poseyesva, Lanell 2024 Salt River Cemetery Master Planning. SRPMIC-EPNR Project No. 23-202-108. On file at Salt River Pima-Maricopa Indian Community, Community Development Department-Environmental Protection of Natural Resources, Scottsdale.

2.0 PROPOSAL INSTRUCTIONS

2.1 TIMELINE

RFP Issued: August 23, 2024 Last date for RFP Questions: September 9, 2024 by 4:00 PM (Arizona Time) Response to RFP Questions: September 12, 2024 Proposals Due: September 19, 2024 by 4:00 PM (Arizona Time)

2.2 QUESTIONS AND CHANGES

All questions and communication regarding this solicitation must be submitted in writing to purchasing-bids@srpmic-nsn.gov and include “CDD-24-067” in the subject line.

Unauthorized contact of SRPMIC employees and/or its agents may result in disqualification.

Responses to all questions will be published and communicated to all participants.

Changes to this solicitation will be in writing as an addendum.

2.3 DELIVERY OF PROPOSALS

Deliver one (1) electronic copy to purchasing-bids@srpmic-nsn.gov.

Email larger than 25 MB will not be accepted.

If you do not receive confirmation that your proposal was received, contact purchasing-bids@srpmic-nsn.gov.

mailto:purchasing-bids@srpmic-nsn.gov

CDD-24-069 – Salt River Cemetery Phased Data Recovery Page 5

The Community shall not be responsible for late proposals.

2.4 PROPOSAL FORMAT

Proposals shall be prepared as simply as possible and provide a straightforward, concise description of capabilities. Emphasis is to be concentrated on accuracy, completeness, and clarity of content. All parts, pages, figures, and tables are to be numbered and clearly labeled. The proposal is to be organized and indexed in the following format, containing, at a minimum, all listed items in the sequence indicated:

Instructions relative to each part of the proposal are defined in the remainder of this section.

Title Page

The title page will include the following:

• Name of project – RFP# CDD-24-069 Salt River Cemetery Expansion Phased Data Recovery

• Name of submitter – Company Name

• Date of submittal

Letter of Transmittal

The letter of transmittal will:

• Identify the primary organization responding to the RFP

• Identify the name, title, telephone number and e-mail address of the primary and secondary contact persons for any follow-up questions, information requests

• Identify the name and address of the corporate headquarters of the parent company, if any

• Acknowledge receipt of any and all amendments to the RFP

• Include a statement that proposal, including prices, will be valid for 60 days after the date of receipt of the proposal.

SECTION TITLE

Title Page Letter of Transmittal Table of Contents

1.0 Executive Summary

2.0 Company Background

3.0 Qualifications and Experience

4.0 Questions

5.0 Price Proposals

6.0 Client References

7.0 Appendices

CDD-24-069 – Salt River Cemetery Phased Data Recovery Page 6

Table of Contents The table of contents is to outline Sections 1 thru 6, as stated above.

Executive Summary [Section 1.0] The executive summary shall be a brief narrative highlighting and summarizing the proposal. The summary is to contain as little technical jargon as possible and will be oriented toward non-technical personnel. The summary will not include pricing.

Company and Relevant Background [Section 2.0] This section shall provide the following information about the company and applicable products and services. It will include, at a minimum, the following information:

• How long the company has been in business

• A brief description of the company size and organization

• Legal form of the company (i.e., sole proprietor, partnership, corporation, etc.)

• An overview of relevant experience with Native American organizations

• An organization chart of the group within the organization responsible for delivering solutions of the type required by SRPMIC

• Similar projects/solutions that have been delivered by your organization to other customers

• List of any major subcontractors involved in delivery of services required by this RFP

Qualifications and Experience [Section 3.0] Describe your Qualifications and Experience. Include past projects of similar scope and resumes of key personnel.

Pricing

[Section 4.0] Provide an itemized list of estimated professional services costs based on the requirements described in the RFP. The cost estimates shall include both non-recurring (one-time) and recurring costs for recommended periodic reviews. Please distinguish between items associated with the proposed engagement and any additional services which may be relevant to the engagement. Please use the format provided in Appendix B. SRPMIC qualifies for federal, GSA, and many other cooperative and open market pricing programs.

Client References

[Section 6.0] Provide a list of existing customers for which the organization has delivered similar engagements along with contact name, title, address, phone number and e-mail address, and authorization for SRPMIC to contact them as a reference. Please include similar references for previous work done with any tribal community. Please provide a minimum of three references.

Please use the form provided in Appendix C.

CDD-24-069 – Salt River Cemetery Phased Data Recovery Page 7

Appendices [Section 7.0] In addition to Sections 1 through 6, required Appendix D shall be included in proposals. Information considered relevant to this project, but not specifically requested in this RFP, may also be placed in an appendix.

3.0 PROPOSAL EVALUATION

3.1 EVALUATION PANEL

An evaluation panel will review and score each proposal. The panel will consist of representatives from the Community Development Department, Purchasing, and other subject matter experts.

3.2 EVALUATION CRITERIA

Proposals will be evaluated based on the following criteria:

• 35 Points: Qualifications and Experience

• 35 Points: Pricing

• 10 Points: Company and Relevant Background

• 10 Points: Client References

• 10 Points: Relevant Experience with other Native American Organizations

4.0 GENERAL TERMS AND CONDITIONS

4.1 RFP CONFIDENTIALITY

All material, data, information, or any item in any form (including any derived intellectual property rights), except information in the public domain, supplied by or obtained from SRPMIC, or derived from any data which the RFP recipient may have acquired in connection with this RFP and the selection process under this RFP, both before and after the issuance of the RFP:

• Is the sole property of SRPMIC and shall be treated as confidential

• Is not to be used for any purpose other than responding to this RFP

• Shall not be disclosed without prior written authorization from SRPMIC

• Shall be returned to SRPMIC upon request

The proposal package and any accompanying documentation submitted prior to the closing date/time shall become the property of SRPMIC and shall not be returned. Documents provided by the Vendor and specifically identified as being confidential will be held in confidence by SRPMIC and reasonable care will be taken to ensure they are not released (unless required by law), without prior authorization of the Vendor. The confidential data is to be identified as such on every page where the same may be contained.

In the event that a Vendor is awarded a contract, SRPMIC’s confidentiality agreement is required to be signed by any Vendor employee or subcontractor providing services prior to accessing documents.

CDD-24-069 – Salt River Cemetery Phased Data Recovery Page 8

4.2 RIGHT TO AMEND

It is SRPMIC’s policy not to solicit proposals unless there is a bona fide intention to ultimately award one or more contracts. This notwithstanding, SRPMIC reserves the right to withdraw this RFP at any time. In addition, at any time prior to the RFP closing date/time identified in this RFP, SRPMIC may alter, amend, delete, or add to, in whole or in part, any terms or provisions of this RFP. SRPMIC will provide any such revisions by issuing an addendum in the same manner as this RFP is issued.

4.3 ACCEPTANCE OF PROPOSAL

This RFP neither expresses nor implies any obligation on the part of SRPMIC to enter into a contract with any Vendor submitting a proposal. SRPMIC reserves the right to award a contract in whole or in part to address individual elements of the systems solutions described in this RFP.

4.4 LIMITATION AND AWARD

This RFP does not commit SRPMIC to award a contract. SRPMIC reserves the right to reject all proposals. If SRPMIC rejects all proposals, the project may be abandoned, re-advertised, or performed in any manner authorized under SRPMIC’s procurement policies.

4.5 RFP AS THE BASIS FOR PROPOSALS

This RFP, including any addenda, will represent the most definitive statement SRPMIC will make concerning information upon which proposals are to be based. Any information, verbal or written, which is not contained in this RFP and any of the addenda, will not be considered by SRPMIC in evaluating the proposals. The only exception is any material demonstrated as part of a product demonstration or site visit.

4.6 COST LIABILITY

All costs and expenses incurred by a Vendor relating to preparation or presentation of its proposal or in any way related to this RFP shall be borne by the Vendor.

SRPMIC will not be liable for, nor shall it reimburse any Vendor for, any costs, fees, or expenses, which are incurred in the preparation or submission of any proposal in response to this RFP.

4.7 AMENDED PROPOSALS

Any Vendor may submit an amended proposal before the deadline for receipt of proposals. Such amended proposals must be complete replacements for a previously submitted proposal and must be clearly identified as such in the transmittal letter.

4.8 VENDORS RIGHT TO WITHDRAW PROPOSALS

Vendors will be allowed to withdraw their proposal at any time prior to the deadline for receipt of proposals. The Vendor must submit a written withdrawal request addressed to the RFP Coordinator.

4.9 NON-DISCLOSURE

The parties hereby agree that Vendors/responders to this RFP shall (1) not disclose proprietary information contained herein to any third party, (2) restrict dissemination of proprietary information contained herein to only those employees of their entity who must be directly involved with proprietary information, (3) use the same degree of care as for its own information of like importance, but at a minimum use reasonable care in safeguarding against disclosure of

CDD-24-069 – Salt River Cemetery Phased Data Recovery Page 9 proprietary information of the other party, and (4) not use proprietary information for any purpose without the prior written consent of the discloser.

4.10 GOVERNING LAW

This RFP and subsequent agreements shall be governed by, construed, and enforced in accordance with the Code of Ordinances and laws of SRPMIC. Nothing in this RFP, or in subsequent agreements, shall be construed as a waiver of sovereign immunity. An example of our standard contract agreement can be found in Appendix D.

4.11 PROHIBITION AGAINST CONTINGENT FEES

Vendors shall not retain a person or agency to solicit or obtain a SRPMIC contract for a contingent fee, except a bona fide employee or agency. For breach or violation of this policy, SRPMIC shall have the right to annul such contract without liability or to deduct from the contract price or consideration, or otherwise recover, the full amount of the contingent fee.

Definitions:

Agency. A business or organization established to provide a particular service, typically one that involves organizing transactions between two other parties.

Bona Fide Agency. An established commercial or selling agency, maintained by a contractor or supplier for the purpose of securing business, that neither exerts nor proposes to exert improper influence to solicit or obtain Government contracts nor holds itself out as being able to obtain any Government contract or contracts through improper influence.

Bona Fide Employee. A person, employed by a contractor or supplier and subject to the contractor's or supplier’s supervision and control as to time, place, and manner of performance, who neither exerts nor proposes to exert improper influence to solicit or obtain Government contracts nor holds out as being able to obtain any Government contract or contracts through improper influence.

Contingent Fee. Any commission, percentage, brokerage, or other fee that is contingent upon the success that a person or concern has in securing a Government contract.

Improper Influence. Any influence that induces or tends to induce a Government employee or officer to give consideration or to act regarding a Government contract on any basis other than the merits of the matter.

4.12 LICENSURE AND INSURANCE

In the event that a Vendor is awarded a contract, the Vendor shall be required to obtain a SRPMIC tribal business license in accordance with the SRPMIC Procurement Policy.

General liability and automobile insurance will also be required at the following minimum specifications:

a) Professional or commercial liability/errors and omissions coverage for liability arising out of acts, errors, or omissions in providing, or failing to provide, professional services in an amount not less than two million dollars. The aggregate limits must apply on a per-project or per-location basis. The total amount may be met by means of umbrella or excess coverage or other liability coverage deemed acceptable to the Community. Liability insurance will be reviewed by the Community to ensure proper coverage.

CDD-24-069 – Salt River Cemetery Phased Data Recovery Page 10

b) Proof of insurance: Contractor shall provide the Community with an original certificate of insurance for each type of insurance coverage described herein and with originals of any required additional insured endorsement(s). Documents may be faxed directly from the insurance carrier to the Community.

c) Except for professional liability and workers compensation coverage, the Community shall be named as an additional insured on the Certificate of Insurance. The Contractor’s insurance shall be primary in the event of loss and the additional insured endorsement must include language specifically stating that the Community is to be covered for all the activities performed by or on behalf of the Contractor, including the Community’s general supervision of Contractor.

d) Each coverage described above shall be on an “occurrence” basis and not on a “claims made” basis. If “occurrence” basis coverage is unavailable, Contractor agrees to obtain and keep in force tail coverage for three (3) years beyond the end of the Agreement. Any such period may be extended by agreement of the parties.

e) Auto liability coverage as shown in the ISO Business Auto Coverage standard form, or the equivalent, with Covered Auto Designation Symbol 1, in an amount not less than one million dollars, or other auto liability coverage acceptable to the Community.

f) With regards to handling fragile, historically pertinent documents, additional insurance requirements may need to be met.

4.13 CULTURAL SENSITIVITY TRAINING

All contractor staff working on the Community must complete Cultural Sensitivity Training (CST) before beginning work on the Community. All staff must carry current CST, and training must be renewed every two (2) years.

4.14 PURCHASE ORDER REQUIRED

A valid Purchase Order is required prior to the start of any work or service and prior to the shipment of any goods.

4.15 PURCHASE ORDER TERMS AND CONDITIONS

All Purchases Orders shall be subject to the Community’s Purchase Order Terms and Conditions: https://www.srpmic-nsn.gov/wp-content/uploads/2017/04/PO- TermsConditions.pdf https://www.srpmic-nsn.gov/wp-content/uploads/2017/04/PO-TermsConditions.pdf https://www.srpmic-nsn.gov/wp-content/uploads/2017/04/PO-TermsConditions.pdf

CDD-24-069 – Appendix A Page 11

5.0 APPENDIX A: SCOPE OF WORK

Historic Properties Treatment Plan, Fieldwork, and Reports

1. Preparation of a Historic Properties Treatment Plan (HPTP).

2. The bid will include testing, data recovery, and construction monitoring.

3. All project personnel (including subcontractors [such as specialists and backhoe/water truck operators]) are required to have up-to-date SRPMIC Cultural Sensitivity Training (CST). CST certifications are valid for 3 years from the date taken.

4. Include a geomorphologist in the preparation of the HPTP for the following: at least three

(3) deeper trenches to look for potential Late Archaic/Early Agricultural soil layers, and canal sampling.

5. All of the APE must be subject to exploratory trenching at a level appropriate for a large Pioneer to Classic period Hohokam village (1.5 percent sample). The boundaries of the site(s) likely extend across the APE so the entire project area must be subjected to testing and data recovery.

6. Determining the boundary of SRPMIC-114, AZ U:9:128(ASM), and AZ U:9:92(ASM) and whether they merge will be one of the necessary tasks.

7. No more than 100 features will be identified; that most of those features will be fully or partially excavated; some of those features will be burials and residential structures, but the majority will be a variety of pit features (thermal, non-thermal, trash, and borrow pits).

8. No more than eleven 11) burial features—inhumations and cremations—will be identified.

9. Assume stripping ten (10) meters around each identified burial/cremation.

10. All Ancestral remains and associated funerary items will be housed and analyzed at the

SRPMIC Cultural Repository’s archaeological laboratory in the Sensitive Analysis Room.

11. An experienced osteologist, preferably with Hohokam experience, will be required.

12. Archaeological monitoring during construction will be included in the bid.

13. The site must be fenced and secured.

14. Site security may be required.

15. A summary report of all features encountered and an updated feature list will be submitted to CDD/EPNR Archaeology each week.

16. Testing and data recovery may be combined into one report; however, an End of

Fieldwork) report will be submitted to CDD/EPNR Archaeology within two weeks of completion of each phase.

17. Draft final report for testing will be submitted to CDD/EPNR Archaeology within six (6) months of completion of fieldwork.

18. Draft final report for testing and data recovery combined will be submitted to EPNR for review within six (6) months of completion of data recovery fieldwork.

19. Final report will be submitted to CDD/EPNR Archaeology within no more than two (2) years from completion of data recovery.

20. Summary monitoring report will be submitted within two (2) weeks of completion of fieldwork. A draft report will be submitted to CDD/EPNR Archaeology within six (6) months of completion of fieldwork. The final report will be submitted to CDD/EPNR Archaeology no more than one (1) year after completion of fieldwork.

CDD-24-069 – Appendix A Page 12

Permits

1. An ARPA Permit will be required.

2. An SRPMIC Archaeological Permit will be required with testing and, if warranted, data recovery authorized phases.

3. A GIS Confidentiality Agreement will be required.

4. A Curation Agreement with the SRPMIC Cultural Repository will be required.

5. A Burial Agreement with the SRPMIC THPO will be required.

6. Coverage under the US EPA Construction General Permit (CGP) will be required and a Storm

Water Pollution Prevention Plan (SWPPP) must be developed.

7. A dust control plan will need to be submitted to CDD/EPNR Air Quality.

8. A construction permit from SRPMIC will need to be obtained; CDD/EPNR staff will assist.

CDD-24-069 – Appendix C Page 13

6.0 APPENDIX B: PRICING

Attached separately as Excel spreadsheet

CDD-24-069 – Appendix C Page 14

7.0 APPENDIX C: CLIENT REFERENCES

List between three (3) and six (6) references that closely reflect this project’s scope of work within the past five (5) years. Include similar projects done with other tribal communities if applicable.

1. Name of Firm: ________________________________________________________________ Address: ______________________________________________________________________ Telephone: _______________Contact: __________________ Title: _______________________ Contact e-mail: ____________________________ Service Dates: _________________________ Summary of Project: _____________________________________________________________ Population of Government Entity (if applicable): _______________

2. Name of Firm: ________________________________________________________________

Telephone: _______________Contact: __________________ Title: _______________________ Contact e-mail: ____________________________ Service Dates: _________________________ Summary of Project: _____________________________________________________________

3. Name of Firm: ________________________________________________________________

Telephone: _______________Contact: __________________ Title: _______________________ Contact e-mail: ____________________________ Service Dates: _________________________ Summary of Project: _____________________________________________________________

CDD-24-069 – Appendix C Page 15

CLIENT REFERENCES (continued)

4. Name of Firm: ________________________________________________________________

Telephone: _______________Contact: __________________ Title: _______________________ Contact e-mail: ____________________________ Service Dates: _________________________ Summary of Project: _____________________________________________________________

5. Name of Firm: ________________________________________________________________

Telephone: _______________Contact: __________________ Title: _______________________ Contact e-mail: ____________________________ Service Dates: _________________________ Summary of Project: _____________________________________________________________

6. Name of Firm: ________________________________________________________________

Telephone: _______________Contact: __________________ Title: _______________________ Contact e-mail: ____________________________ Service Dates: _________________________ Summary of Project: _____________________________________________________________

CDD-24-069 – Appendix D Page 16

8.0 APPENDIX D: NON-COLLUSIVE AFFIDAVIT

State of _____________________________, County of ___________________________, ______________________________________, being first duly sworn, deposes and says:

That he is,____________________________________________ the party making the foregoing proposal for bid, that such proposal or bid is genuine and not collusive or sham; that said bidder has no colluded, conspired, connived or agreed, directly or indirectly, with any bidder or person, to put in a sham bid or to refrain from bidding, and has not, in any manner, directly or indirectly, sought by agreement or collusion, or communication or conference, with any person, to fix the bid price of affiant or of any other bidder, or to fix any overhead, profit or cost element of said bid price, or of that of any other bidder, or to secure any advantage against the Owner or any person interested in the proposed contract, and that all statements in said proposal for bid are true.

Project No._____________________________

Location _______________________________

Signature

Name and Title

Date

(Signature must be notarized.)

CDD-24-069 – Appendix E Page 17

9.0 APPENDIX E: SAMPLE CONTRACT

AGREEMENT FOR SERVICES

This Agreement is made at the Salt River Pima-Maricopa Indian Community on MM/DD/YY between the Salt River Pima-Maricopa Indian Community, herein called “Community” a federally recognized Indian Tribe whose principal place of business is 10005 East Osborn Road, Scottsdale, Arizona 85256, and <Contractor>, herein called “Contractor,” whose principal place of business is <Contractor’s Mailing Address>.

IT IS AGREED:

1. SERVICES TO BE PERFORMED: Contractor agrees to perform the services described in Schedules A and C (if applicable) and incorporated and made a part of this Agreement.

2. CONTRACTOR COMPLIANCE: Contractor declares that it is engaged in business and serves clients other than the Community and further declares that it has complied, and will timely comply, with all applicable federal, state, and Community laws related to the conduct of its business, including but not limited to all permit and license requirements. Contractor declares that it is properly licensed and in good standing in the State of Arizona.

3. CONSIDERATION, TERMS OF PAYMENT: The Community agrees to pay Contractor for its services rendered according to the terms and conditions set forth in Schedule B of this Agreement, incorporated and made a part of this Agreement, provided however, that Contractor is required to submit billing invoices for its services at the beginning of each month, identifying Contractor’s reimbursable costs, if any, time and description of services rendered for the month immediately preceding submission of such invoice as specifically described in Schedule B.

4. INSTRUMENTALITIES: Contractor agrees to supply all equipment, machinery, tools, and materials necessary or reasonable to perform the services described and enumerated in Schedules A and C (if applicable) of this Agreement except that the Community may provide certain supplies and other resources but only upon such further terms and conditions as may be described in this Agreement.

5. PERFORMANCE AND ACCEPTANCE: Contractor retains the sole and exclusive right to control and direct the manner or means by which the services described herein are to be performed subject only to the parameters of control or direction set forth in Schedules A and C (if applicable) of this Agreement and the standards of Contractor’s trade or profession. The Community retains the right of approval and acceptance of Contractor’s performance based upon Contractor’s completion and satisfaction of all obligations created by the terms of the Agreement.

CDD-24-069 – Appendix E Page 18

6. INDEPENDENT CONTRACTOR: The parties intend that an independent contractor relationship will be created by this Agreement. Contractor is not to be considered an agent or employee of the Community for any purpose and neither Contractor nor employees of Contractor are entitled to any of the benefits that the Community provides for its employees. The Community is interested only in the results to be achieved. The conduct, and control of the work, will lie solely with Contractor. It is understood that the Community does not agree to use Contractor exclusively. It is further understood that Contractor is free to contract for similar services to be performed for others while under contract with the Community.

7. PAYROLL WITHHOLDING: Contractor bears the sole responsibility of abiding by all payroll-withholding laws. No payroll deductions or employment taxes of any kind shall be withheld by the Community for Contractor, or any of its employees, and no such amounts shall be paid to any federal, state, or local government by the Community on behalf of Contractor, or any of its employees.

8. LIABILITY: The work performed by the Contractor under this Agreement will be performed solely and entirely at Contractor’s risk. Contractor specifically assumes all responsibility for the instrumentalities in its performance of this Agreement.

9. INDEMNIFICATION: The Contractor agrees to the fullest extent permitted by law to indemnify and hold harmless the Community from any and against any and all costs, losses and damages, (including reasonable attorney’s fees and costs of defense), caused by the negligent, or wrongful acts, errors, or omissions of Contractor in the performance of all services under this Agreement and those of his or her sub-consultants, or anyone for whom the Contractor is liable and for any willful misconduct by the Contractor, sub-contractor, or anyone for whom the contractor is responsible. The Contractor is not obligated to indemnify the Community for the Community’s own negligence.

10. INSURANCE: Contractor agrees to carry insurance as follows:

a) Professional (Errors and Omissions) or Commercial General liability coverage for liability arising out of acts, errors, or omissions in providing, or failing to provide, professional services in an amount not less than one (1) million dollars per occurrence or as may be otherwise required and approved by the Community, which must apply on a per-project or per-location basis where applicable The aggregate limits shall be in an amount not less than two (2) million dollars per occurrence or as may be otherwise required and approved by the Community, and must apply on a per-project or per-location basis where applicable. The total amount may be met by means of umbrella or excess coverage or other liability coverage deemed acceptable to the Community.

b) Proof of insurance: Contractor shall provide the Community with an original certificate of insurance for each type of insurance coverage described herein and with originals of any required additional insured endorsement(s). Documents may be faxed directly from the insurance carrier to the Community.

CDD-24-069 – Appendix E Page 19

c) Except for professional liability and workers compensation coverage, the Community must be named as an additional insured on the Certificate of Insurance. The Contractor’s insurance shall be primary in the event of loss and the additional insured endorsement must include language specifically stating that the Community is to be covered for all the activities performed by or on behalf of the Contractor, including the Community’s general supervision of Contractor.

d) Each form of coverage described above shall be on an “occurrence” basis and not on a “claims made” basis. If “occurrence” basis coverage is unavailable, Contractor agrees to obtain and keep in force tail coverage for three (3) years beyond the end of the Agreement. Any such period may be extended by agreement of the parties.

e) Auto liability coverage as shown in the ISO Business Auto Coverage standard form, or the equivalent, with Covered Auto Designation Symbol 1, in an amount not less than one million dollars, or other auto liability coverage acceptable to the Community.

f) Workers Compensation coverage and Employers Liability coverage in an amount not less than the statutory amount required by the state in which the services are being performed or as may be otherwise required and approved by the Community.

11. DURATION AND TERMINATION: This Agreement shall commence on and end on . Either party may cancel this Agreement provided the canceling party provides prior written notice which shall include a detailed statement of the reasons for cancellation at least fourteen (14) days prior to the intended date of cancellation consistent with its existing contractual obligations.

12. ENTIRE UNDERSTANDING: This Agreement embodies the entire understanding between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements and understandings, inducements and conditions, express or implied, oral or written, except as herein contained. This Agreement may not be modified or amended other than by an agreement in writing.

13. BINDING NATURE OF AGREEMENT: This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, personal representatives, successors and assigns, except no party may assign or transfer such party’s rights or obligations under this Agreement without the prior written consent of the other party.

14. SEVERABILITY: The provisions of this Agreement shall be deemed severable and the invalidity or enforceability of any provision shall not affect the validity or enforceability of the other provisions hereof.

15. ARBITRATION: Any dispute or claim arising from, or relating to this Agreement, or breach thereof that cannot be resolved promptly by the parties shall be resolved by arbitration in accordance with the rules, then obtaining, of the American Arbitration Association. It is understood that neither this Agreement nor the Rules of the American Arbitration Association shall confer

CDD-24-069 – Appendix E Page 20 jurisdiction on any courts of the State of Arizona or of the United States. It is further understood that arbitration as set forth in this paragraph is the exclusive remedy for any dispute, or claim related to this Agreement.

16. SOVEREIGN IMMUNITY: Nothing in this Agreement, or any current or future schedules, attachments, exhibits, amendments, or addenda, is intended to be or shall be construed as a waiver of the Community’s sovereign immunity, except as may be provided in paragraph 15 above.

17. OTHER See Schedules A through C and Exhibit A.

In witness whereof, the parties have executed this Agreement at the Salt River Pima-Maricopa Indian Community, on the day and year first written below.

SALT RIVER PIMA-MARICOPA CONTRACTOR:

INDIAN COMMUNITY: <CONTRACTOR NAME>:

BY______________________________ BY_________________________

NAME/TITLE NAME/TITLE

DATE:___________________________ DATE:_____________________

CDD-24-069 – Appendix E Page 21

SCHEDULE “A”

SCOPE OF WORK

The scope of work must accurately and with sufficient specificity describe what, when, where and how the contractor will perform the work (the deliverables), including references to goods and services, plans, specifications, codes, if applicable, temporal references, etc. Also, the work not to be performed should be so stated. Typically the scope of work is already contained in the bid solicitation and can be tailored and inserted here. In the event of non-performance by the contractor, the language in this section must be relied upon to establish a breach of the agreement.

CDD-24-069 – Appendix E Page 22

SCHEDULE “B”

TERMS OF PAYMENT

INSTRUCTIONS FOR SUBMISSION OF PAYMENT:

The Contractor shall invoice the Community for each completed task defined in the Schedule “A” Scope of Work for all projects under this contract. The description of each task and each task's deliverables are defined in each project's Scope of Work.

APPROVAL OF PAYMENT:

All invoices shall be forwarded to Accounts Payable, Finance Department with a copy to the Xxxx Department who will be responsible for verifying that the work for which the invoice has been received has been satisfactorily completed. The Xxxx Department shall return the invoices with their appropriate charge numbers for billing after verifying that the work stated on the billing statement has been performed to the satisfaction of the Community.

In no event shall Contractor be paid until the Xxxxx Department approves the invoice.

The Community shall pay all invoices approved by the Xxxxxx Department within thirty (30) days of approval.

FEES:

{INSERT FEE SCHEDULE HERE}

CDD-24-069 – Appendix E Page 23

SCHEDULE “C”

OTHER TERMS AND CONDITIONS

INSTRUCTIONS (DELETE THIS PARAGRAPH UPON COMPLETION OF THE FOLLOWING):

Special terms and conditions appear in this section only if they are not already contained in the agreement or other schedules, exhibits, etc. If this schedule is not needed, so indicate with “N/A”.

CDD-24-069 – Appendix E Page 24

EXHIBIT A

CONTRACTOR CREDENTIALS

SRPMIC Business License

Professional Licenses

Certificate of Liability Insurance

Business Permit (if applicable)