- Due Text
- Wednesday, August 26, 2026 12:00pm
- Posted At
- Fri, Jul 24, 2026 2:07 PM
- Documents
- Fully_Insured_Vision_Benefits.pdf, A - Exhibit A - Scope of Work, B - Exhibit B - Fee Schedule, C - Exhibit C - BAA Business Associate Agreement, D - Appendix 1 - Vision Experience Data, E - Appendix 2 - Vision Plan Document, F - Appendix 3 - City of Phoenix Census Data, #1 RFP PS-26-0317 Pre-Offer Conference
- Numeric Id
- 239569
- Description
- The City of Phoenix invites sealed offers for fully insured vision benefits for a five-year contract commencing on or about January 1, 2028, in accordance with the specifications and provisions contained herein or the “Effective Date” which is upon award by City Council, conditioned upon signature and recording by the City Clerk’s department, as required by the Phoenix City Code, whichever is later.
This solicitation is available through the City’s Procurement Portal. For technical support issues related to the City's Procurement Portal, Offeror may use the support bubble on the bottom right, or email procurement-support@opengov.com for any assistance. For other issues related to this solicitation please contact the procurement officer listed under Contact Information.
Notwithstanding the foregoing, this Agreement will terminate upon the earliest occurrence: by reaching the end of the term including any extensions exercised, or termination pursuant to the provisions of this Agreement.
Timeline
Solicitation Issue Date:
July 24, 2026
Pre-Offer Conference (Non-Mandatory):
August 4, 2026, 10:30am
Register link:
https://cityofphoenix.webex.com/weblink/register/r2d97c750e076151091ef327d385968ac
Meeting link:
https://cityofphoenix.webex.com/cityofphoenix/j.php?MTID=m8c4fa3d6724e8407fc5ecaf59efc7da1
Meeting number:
2348 160 1687
Password:
a5QP5YPqfT5
Host key:
998824
Agenda:
Pre-Offer Conference RFP PS-26-0317 Fully Insured Vision Benefits. This meeting will provide prospective Offerors an overview of the scope of work, key milestone dates and key requirements
Join by video system
Dial 23481601687@cityofphoenix.webex.com
You can also dial 173.243.2.68 and enter your meeting number.
Join by phone
+1-415-655-0001 US Toll
Access code: 2348 160 1687
Host PIN: 6419
Global call-in numbers
Written Inquiries Due Date:
August 7, 2026, 12:00pm
- Contact Email
- 23481601687@cityofphoenix.webex.com
- Contact Phone
- 348 160 1687
- Document Text
- 1. INSTRUCTIONS
1.1. Introduction
1.1.1. Contact Information
Bruna Lopez
Finance Central Procurement
Email: bruna.lopez@phoenix.gov
Phone: (602) 495-2488
1.1.2. Schedule of Events
The City reserves the right to change dates, times, and locations, as necessary. The City does not always hold a Pre-Offer Conference or Site Visit. All times in the Schedule of Events are Local Phoenix, AZ Time.
To request a reasonable accommodation or alternative format for any public meeting, please contact the Procurement Officer (Bruna Lopez) at (602) 495-2488/Voice or 711/TTY, or bruna.lopez@phoenix.gov, no later than five (5) business days prior to the meeting.
Solicitation Issue Date: July 24, 2026
Pre-Offer Conference (Non-Mandatory): August 4, 2026, 10:30am
Register link:
https://cityofphoenix.webex.com/weblink/register/r2d97c750e076151091ef327d385968ac
Meeting link:
https://cityofphoenix.webex.com/cityofphoenix/j.php?MTID=m8c4fa3d6724e8407fc5ecaf59efc7da1
Meeting number:
2348 160 1687
Password:
a5QP5YPqfT5
Host key:
998824
Agenda:
Pre-Offer Conference RFP PS-26-0317 Fully Insured Vision Benefits. This meeting will provide prospective Offerors an overview of the scope of work, key milestone dates and key requirements
Join by video system
Dial 23481601687@cityofphoenix.webex.com
You can also dial 173.243.2.68 and enter your meeting number.
Join by phone
+1-415-655-0001 US Toll
Access code: 2348 160 1687
Host PIN: 6419
Global call-in numbers
Written Inquiries Due Date: August 7, 2026, 12:00pm
Question Response Deadline: August 19, 2026, 5:00pm
Offer Due Date: August 26, 2026, 12:00pm
1.2. Description – Statement of Need
The City of Phoenix invites sealed offers for fully insured vision benefits for a five-year period commencing on or about January 1, 2028 or the “Effective Date” which is upon award by City Council, conditioned upon signature and recording by the City Clerk’s department, as required by the Phoenix City Code, whichever is later, in accordance with the Minimum Qualifications, the Scope of Work in the Professional Services Agreement and the additional specifications and provisions contained herein.
This solicitation is available through Arizona Relay Service 7-1-1. Please call TTY 800-367-8939 for assistance.
Notwithstanding the foregoing, this Agreement will terminate upon the earliest occurrence: by reaching the end of the term including any extensions exercised, or termination pursuant to the provisions of this Agreement.
It is the intent of this Solicitation to award one or more than one contract; however, the City reserves the right to award the Contract(s) to whomever best meets the criteria set out in this Solicitation.
1.3. Minimum Qualifications
The qualified and responsive Offeror must meet all minimum qualifications listed below. Should an Offeror fail to meet one of the minimum qualifications identified, the Offer will be disqualified as non-responsive. The Offeror must:
Have been in operation for a minimum of five (5) consecutive years’ providing Fully Insured Vision Benefits and related Services as set forth in the Scope of Work.
Have a minimum of five (5) consecutive years’ experience providing the Services as listed in this Solicitation for private and public entities comparable in size to the City of Phoenix.
1.4. Agreement Term and Contractual Relationship
Offerors are responsible for reading the agreement and submitting any questions about it in accordance with the process listed in this agreement. By submitting a proposal, each Offeror agrees it will be bound by the agreement. The City anticipates a five-year . Notwithstanding the foregoing, this Agreement will terminate upon the earliest occurrence of any of the following:
reaching the end of the term and any extensions;
completing the services set forth in the Scope of Work (the “Services”);
payment of the maximum authorized compensation; or
termination pursuant to the provisions of the Agreement.
1.5. Scope of Work and Special Terms and Conditions
Contractor will provide consulting services that will be in accordance with the Scope of Work as set forth in Scope of Work section, which may be supplemented with additional detail from time to time during the term of the Agreement, and that are satisfactory to the City. In performing these services, Contractor will also specifically comply with the applicable Standard and Special Terms and Conditions that are set forth herein. Contractor will provide progress reports to the Department designee, or “the City” per a mutually agreed-upon schedule.
1.6. Instructions
1.6.1. Preparation of Offer
All forms provided must be completed and submitted with the Offer. The signed and completed Conflict of Interest and Transparency form must be included or your Offer may be deemed non-responsive.
It is permissible to copy Submittal forms if necessary. Erasures, interlineations, or other modifications of the Offer must be initialed in original ink by the authorized person signing the Offer. No offer will be altered, amended or withdrawn after the specified offer due date and time. The City is not responsible for Offeror’s errors or omissions.
All time periods stated as a number of days will be calendar days.
It is the responsibility of all Offerors to examine the entire solicitation and seek clarification of any requirement that may not be clear and to check all responses for accuracy before submitting an offer. Negligence in preparing an offer confers no right of withdrawal after due date and time. Offerors are strongly encouraged to:
Consider applicable laws and/or economic conditions that may affect cost, progress, performance, or furnishing of the products or services.
Study and carefully correlate Offeror’s knowledge and observations with the solicitation and other related data.
Promptly notify the City of all conflicts, errors, ambiguities, or discrepancies that Offeror has discovered in or between the solicitation and other related documents.
The City does not reimburse the cost of developing, presenting or providing any response to this solicitation. Offers submitted for consideration should be prepared simply and economically, providing adequate information in a straightforward and concise manner. The Offeror is responsible for all costs incurred in responding to this solicitation. All materials and documents submitted in response to this solicitation become the property of the City and will not be returned.
Offerors are reminded that the specifications stated in the solicitation are the minimum level required and that offers submitted must be for products or services that meet or exceed the minimum level of all features specifically listed in this solicitation. Offers offering less than any minimum specifications or criteria specified are not responsive and should not be submitted.
1.6.2. Exceptions
If an Offeror has any exceptions to any terms, conditions or material requirements of this Solicitation including without limitation to the Professional Services Agreement and the Scope of Work, the Offeror must include a list of all exceptions to the requirements of the Solicitation and attachment documents, if any, and included in the "Exceptions Statement" within the “Vendor Questionnaire” Section.
Clearly reference the solicitation provision (ie title, paragraph number and page number)
Redline the City's provision and provide alternate language
Offer must explain the reason for the requested change
Note: Submit a Word document with the following columns: 1) RFP Section, Provision number and Title and page number, 2) Copy of City's RFP provision, 3) City's provision with proposed redlines/changes, and 4) explanation/justification for requested change.
Compliance with the above format for Exceptions is mandatory. If Offeror's Submittal does not include a separate Exceptions statement identifying all specific exceptions, as specifically set forth above, the exceptions will be deemed waived by the Offeror. If the Offeror fails to comply with the Exceptions requirements, and refuses to waive exceptions, their offer will be deemed non-responsive.
It is the intent of the City to award a contract on a fair, competitive basis. For this reason, the City may view any “Exception” in response to any material conditions or requirement of the solicitation, as an attempt by the Offeror to vary the terms of the solicitation which, in fact, may result in giving the Offeror an unfair advantage. For this reason, the City will, at its option, not allow exceptions to any material requirement if, in the opinion of the City, the exceptions alter the overall intent of the solicitation, unless the exception would be of material benefit to the City. Additionally, the City may, at its option, deem any submittal non-responsive based on exceptions by the Offeror.
1.6.3. Inquiries
All questions that arise relating to this solicitation should be directed via City’s Procurement Portal and must be received by the due date indicated in the Schedule of Events. The City will not consider questions received after the deadline.
No informal contact initiated by Offerors on the proposed service will be allowed with members of City’s staff from date of distribution of this solicitation until after city council awards the contract. All questions concerning or issues related to this solicitation must be presented in writing.
The Procurement Officer will answer written inquiries in an addendum and publish any addenda on the City’s Procurement Portal.
1.6.4. Addenda
The City of Phoenix will not be responsible for any oral instructions made by any employees or officers of the City of Phoenix regarding this solicitation. Any changes will be in the form of an addendum. The Offeror must acknowledge receipt of any/all addenda through the City's Procurement Portal with their submittal.
Changes to terms and conditions of the Solicitation and resulting Agreement made pursuant to an addendum shall be memorialized in the Solicitation and resulting Agreement document. To that end, a parenthetical will be added to applicable provision(s) referencing the addendum that imposed the change. The language in the final provision will reflect the updated version.
1.6.5. Licenses
If required by law for the operation of the business or work related to this Offer, Offeror must possess all valid certifications and/or licenses as required by federal, state or local laws at the time of submittal.
1.6.6. Certifications
By signature in the Offer section of the Offer and Acceptance page(s), Offeror certifies:
The submission of the Offer did not involve collusion or other anti-competitive practices.
The Offeror must not discriminate against any employee, or applicant for employment in violation of Federal or State Law.
The Offeror has not given, offered to give, nor intends to give at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with the submitted Offer.
1.6.7. Submission of Offer
Offers must be in possession of the Department on or prior to the exact time and date indicated in the Schedule of Events. Late offers will not be considered. The prevailing clock will be the City Department’s clock.
Offers should be submitted electronically via the City’s Procurement Portal by clicking on “Draft Response” via https://procurement.opengov.com/portal/phoenix/projects/239569. Offerors that are unable to submit electronically should contact the Procurement Officer to discuss the logistics of hard copy submittals. Offerors must be registered with OpenGov by signing up via https://procurement.opengov.com/signup. Vendor training guides can be found at: https://opengov.my.site.com/support/s/article/ca6d1285-1e48-4a21-bb0d-715edb7794ed
Any original documents (such as bonds, guaranties, powers of attorney), if required by the solicitation, must be separately delivered to and received by the City on or prior to the exact time and date indicated in the Schedule of Events, with a clear indication of the Offer for which it is attributed.
It is the responsibility of the Offeror to ensure that the Offer is timely and to confirm that there are no technical reasons that any offer submitted electronically may be delayed. The date and time on the upload as received/stamped by the City’s Procurement Portal will provide proof of submission and verification whether the Offer was received on or prior to the exact time and date indicated in the Schedule of Events.
For assistance with submittals, vendors are welcome to use the OpenGov support chat (blue chat bubble in the bottom right corner) to connect with a member of OpenGov's support team who will be able to assist you with your submission.
Please DO NOT submit links to Google Docs, Dropbox Paper, or similar services. Your offer may be deemed non-responsive if your offer is supplied utilizing these services.
1.6.8. Withdrawal of Offer
At any time prior to the solicitation due date and time, an Offeror (or designated representative) may withdraw the Offer by clicking “Unsubmit Response” on the Offer submission via the City’s Procurement Portal.
1.6.9. Offer Results
Offers will be opened on the offer due date, time and location indicated in the Schedule of Events, at which time the name of each Offeror, and the prices may be read. Offers and other information received in response to the solicitation will be shown only to authorized City personnel having a legitimate interest in them or persons assisting the City in the evaluation. Offers are not available for public inspection until after the City has posted the award recommendation on the City's Procurement Portal.
The City will post a preliminary offer tabulation on the City's Procurement Portal: https://procurement.opengov.com/portal/phoenix/projects/239569 within five business days of the offer opening. The City will post the information on the preliminary tabulation as it was read during the offer opening. The City makes no guarantee as to the accuracy of any information on the preliminary tabulation. Once the City has evaluated the offers, the City will post an award recommendation on the City's Procurement Portal. By signing and submitting its Offer, each Offeror agrees that this posting of the award recommendation to the City's Procurement Portal effectively serves as the Offeror’s receipt of that notice of award recommendation. The City has no obligation to provide any further notification to unsuccessful Offerors.
1.6.10. Pre-Award Qualifications
A. Upon notification of an award, but before the finalization of the award, the Offeror will have fourteen (14) calendar days to submit the bonding requirements.
B. As part of this solicitation process, Offerors within the competitive range will receive an email communication from the Procurement Officer with a link. The Offers are required to complete and submit the required questionnaire, within the timeframe indicated, for the following:
Vendor Data Privacy (Due Diligence) Questionnaire
Vendor Security Maturity & Security Assessment Questionnaire(s).
The City will assess the Offeror's risk profile based on these submitted documents, aiming to determine if the Offeror's IT security practices align with the required security standards and present an acceptable level of risk. The risk assessment results will be a significant factor in determining the Offeror's pre-award qualification status. Offerors who do not receive a favorable risk assessment may be disqualified from further consideration in the procurement process.
1.6.11. Data Privacy Risk Screening
Because the resulting Contract may involve processing personal or other sensitive data, the City will conduct a Data Privacy Risk Screening as a minimum qualification using the Data Privacy Questionnaire included in the Vendor Questionnaire section. Only Offerors that pass this screening will proceed to further evaluation.
Failure to submit the Data Privacy Questionnaire, or failure to meet the minimum standard, will result in the Offer being deemed non-responsive.
The City may verify statements, request clarifications regarding the Data Privacy Questionnaire or supporting documents and reject Offers that contain misrepresentations.
1.6.12. Award of Contract
Unless otherwise indicated, award(s) will be made to the most responsive, responsible Offeror(s) who are regularly established in the service, or providing the goods, contained in this solicitation and who have demonstrated the ability to perform in an acceptable manner.
Factors that will be considered by the City include:
Technical capability of the Offeror to accomplish the scope of work required in the Solicitation. This may include performance history on past and current government or industrial contracts; and,
Demonstrated availability of the necessary manpower (both supervisory and operational personnel) and necessary equipment to accomplish the scope of work in the Solicitation; and,
Safety record; and,
Offeror history of complaints and termination for convenience or cause.
Notwithstanding any other provision of this solicitation, the City reserves the right to: (1) waive any immaterial defect or informality; or (2) reject any or all offers or portions thereof; or (3) reissue a solicitation.
A response to a solicitation is an offer to contract with the City based upon the terms, conditions, and specifications contained in the City’s solicitation. Offers do not become contracts until they are executed by the Chief Procurement Officer or Department Director. The City requires formal signing of a separate Professional Services Consultant agreement, to include the Standard Terms and Conditions, Special Terms and Conditions, all of the terms, conditions and specifications contained in this solicitation, and in any addendum.
1.6.13. City's Right to Disqualify for Conflict of Interest
The City reserves the right to disqualify any Offeror on the basis of any real or apparent conflict of interest that is disclosed by the Offer submitted or any other data available to the City. This disqualification is at the sole discretion of the City. Any Offeror submitting an Offer herein waives any right to object now or at any future time, before anybody or agency, including but not limited to, the City Council of the City of Phoenix or any court.
1.6.14. Solicitation Transparency Policy
Commencing on the date and time a solicitation is published, potential or actual Offerors or respondents (including their representatives) shall only discuss matters associated with the solicitation with the Mayor, any members of City Council, the City Manager, any Deputy City Manager, or any department director directly associated with the solicitation (including in each case their assigned staff, except for the designated Procurement Officer) at a public meeting, posted under Arizona Statutes, until the resulting contract(s) are awarded to all Offers or responses are rejected and the solicitation is cancelled without any announcement by the Procurement Officer of the City’s intent to reissue the same or similar solicitation. As long as the solicitation is not discussed, Offerors may continue to conduct business with the City and discuss business that is unrelated to the solicitation with the City staff. Offerors may not discuss the solicitation with any City employees or evaluation panel members.
Offerors may discuss their proposal or the solicitation with the Mayor or one or more members of the Phoenix City Council, provided such meetings are scheduled through the Procurement Officer, and are posted as open meetings with the City Clerk at least 24 hours prior to the scheduled meetings. The City Clerk will be responsible for posting the meetings. The posted notice shall identify the participants and the subject matter, as well as invite the public to participate.
With respect to the selection of the successful Offerors, the City Manager and/or City Manager's Office will continue the past practice of exerting no undue influence on the process. In all solicitations of bids and proposals, any direction on the selection from the City Manager and/or City Manager's Office and Department Head (or representative) to the proposal review panel or selecting authority must be provided in writing to all prospective Offerors.
This policy is intended to create a level playing field for all Offerors, assure that contracts are awarded in public, and protect the integrity of the selection process. OFFERORS THAT VIOLATE THIS POLICY SHALL BE DISQUALIFIED. After official Notice is received by the City for disqualification, the Offeror may follow the Protest process, unless the Solicitation is cancelled without notice of intent to re-issue.
“To discuss” means any contact by the Offeror, regardless of whether the City responds to the contact. Offerors that violate this policy will be disqualified until the resulting contract(s) are awarded, or all Offers or responses are rejected and the solicitation is cancelled without any announcement by the Procurement Officer of the City’s intent to reissue the same or a similar solicitation. The City interprets the policy as continuing through a cancellation of a solicitation until Council award of the contract, as long as the City cancels with a statement that the City will rebid the solicitation.
1.6.15. Protest Process
Offeror may protest the contents of a solicitation no later than seven days before the solicitation deadline when the protest is based on an apparent alleged mistake, impropriety or defect in the solicitation. Protests filed regarding the solicitation may be addressed by an amendment to the solicitation or denied by the City. If denied, the opening and award will proceed unless the City determines that it is in the City’s best interests to set new deadlines, amend the solicitation, cancel or re-bid.
Therefore, unless otherwise notified by a formal amendment, the Protester must adhere to all solicitation dates and deadlines, including timely filing of an Offer, regardless of filing a protest.
Offeror may protest an adverse determination issued by the City regarding responsibility and responsiveness, within seven days of the date the Offeror was notified of the adverse determination.
Offeror may protest an award recommendation if the Offeror can establish that it had a substantial chance of being awarded the contract and will be harmed by the recommended award. The City will post recommendations on the City’s Procurement Portal to award the contract(s) to an Offeror(s). Offeror must submit award protests within seven days after the posting of the award recommendation, with exceptions only for good cause shown, within the City’s full and final discretion.
All protests will be in writing, filed with the Procurement Officer identified in the solicitation and include the following:
Identification of the solicitation number;
The name, address and telephone number of the protester;
A detailed statement describing the legal and factual grounds for the protest, including copies of relevant documents;
The form of relief requested; and
The signature of the protester or its authorized representative.
The Procurement Officer will render a written decision within a reasonable period after the protest is filed. The City will not request City Council authorization to award the contract until the protest process is complete. All protests and appeals must be submitted in accordance with the City’s Procurement Code, (Phoenix City Code, Ch. 43), and administrative regulations and any protests or appeals not submitted within the time requirements will not be considered. Protests must be filed with the Procurement Officer.
1.6.16. Public Record
All Offers submitted in response to this solicitation will become the property of the City and become a matter of public record available for review pursuant to Arizona State law. If an Offeror believes that a specific section of its Offer response is confidential, the Offeror will isolate the pages marked confidential in a specific and clearly labeled section of its Offer response. An Offeror may request specific information contained within its Offer is treated by the Procurement Officer as confidential provided the Offeror clearly labels the information “confidential.” To the extent necessary for the evaluation process, information marked as “confidential” will not be treated as confidential. Once the procurement file becomes available for public inspection, the Procurement Officer will not make any information identified by the Offerors as “confidential” available to the public unless necessary to support the evaluation process or if specifically requested in accordance with applicable public records law. When a public records request for such information is received, the Procurement Officer will notify the Offeror in writing of any request to view any portion of its Offer marked “confidential.” The Offeror will have the time set forth in the notice to obtain a court order enjoining such disclosure. If the Offeror does not provide the Procurement Officer with a court order enjoining release of the information during the designated time, the Procurement Officer will make the information requested available for inspection.
1.6.17. Late Offers
Late Offers must be rejected, except for good cause. If a late Offer is submitted, the Department will document the date and time of the submittal of the late Offer, keep the Offer and notify the Offeror that its Offer was disqualified for being a late Offer.
1.6.18. Right to Disqualify
The City reserves the right to disqualify any Offeror who fails to provide information or data requested or who provides materially inaccurate or misleading information or data. The City further reserves the right to disqualify any Offeror on the basis of any real or apparent conflict of interest that is disclosed by the Offer submitted or any other data or information available to the City. This disqualification is at the sole discretion of the City. By submission of a solicitation response, the Offeror waives any right to object now or at any future time, before any agency or body including, but not limited to, the City Council of the City or any court as to the exercise by the City of such right to disqualify or as to any disqualification by reason of real or apparent conflict of interest determined by the City. The City reserves the right to replace the disqualified Offeror.
1.6.19. Statement of Bonding Ability
Offerors must submit a letter from a bonding or insurance company stating that the Offeror can qualify for and procure the performance and/or payment surety required in this solicitation. Submittals received without the required statement of ability to secure a performance or payment surety may be considered as non-responsive. Offerors anticipating the submittal of a cash surety in lieu of a bond should submit a statement notifying the City.
1.6.20. Performance Bond
A performance surety in the amount of 10% of the total contract amount shall be provided by the Contractor immediately after notice of award. The City of Phoenix will not issue a written purchase order or give notice to proceed in any form until the surety is received by the Procurement Officer. The performance surety must be in the form of a bond, cashier's check, certified check or money order. Personal or company checks are not acceptable unless certified. If surety is in the form of a bond, the company issuing the surety must be authorized by the Insurance Department of Arizona to transact business in the State of Arizona or be named on the approved listing of non-admitted companies. A Certificate of Deposit (CD) issued by a local Phoenix bank may also be used as a form of surety provided that the CD is issued jointly in the name of the City of Phoenix and the Contractor, and that the Contractor endorses the CD over to the City at the beginning of the contract period. Interest earnings from the CD can be retained by the Contractor.
1.6.21. Contract Award
The City reserves the right to award a contract by individual line items, by group, all or none, or any other combination most advantageous to the City. The City reserves the right to award multiple contracts.
1.6.22. Determining Responsiveness and Responsibility
Offers will be reviewed for documentation of minimum qualifications, completeness, and compliance with the Solicitation requirements. The City reserves sole discretion to determine responsiveness and responsibility.
Responsiveness: Nonresponsive Offers will not be considered in the evaluation process. The solicitation states criteria that determine responsiveness, and the solicitation includes terms and conditions that if included or excluded from Offers (as the case may be) will render an Offer nonresponsive.
Exceptions, conditions, reservations, or understandings are presumed to be unacceptable, and an Offer that includes unacceptable exceptions, conditions, reservations, or understandings may be rejected as nonresponsive. Alternatively, the City in its sole discretion may instruct in writing that any Offeror remove the conditions, exceptions, reservations or understandings. If the Offeror fails to do so in writing, the City may determine the Offer to be nonresponsive.
Responsibility: To obtain true economy, the City must conduct solicitations to minimize the possibility of a subsequent default by the Contractor, late deliveries, or other unsatisfactory performance that may result in additional administrative costs. It is important that the Offeror be a responsible Contractor. Responsibility includes the Offeror’s integrity, skill, capacity, experience, and facilities for conducting the work to be performed.
The Procurement Officer will review each Offer to determine if the Offeror is responsible. The City’s determination as to whether an Offeror is responsible will be based on all information furnished by the Offeror, interviews (if any), and information received from Offeror’s references, including information about Offeror’s history, terminations for convenience or cause, contract breach lawsuits or notices of claim and any other sources the City deems appropriate. Award of the Contract resulting from the solicitation will not be made until any necessary investigation, which each Offeror agrees to permit by submitting its Offer, is made by the City as it deems necessary. A review of responsibility may occur up to contract award.
The Offeror’s unreasonable failure to promptly supply information about an inquiry with respect to responsibility may be grounds for a determination of non-responsibility with respect to such Offeror.
1.6.23. Detailed Evaluation of Offers and Determination of Competitive Range
During deliberations, the Evaluation Panel will reach a consensus score for each evaluation criterion except price. The Procurement Officer will score the price, which will be added to the overall consensus score. The overall consensus scores will determine the Offerors’ rankings and which offers are within the Competitive Range, when appropriate.
1.6.24. Offers Not Within the Competitive Range
The City may notify Offerors of Offers that the City determined are not in the Competitive Range.
1.6.25. Discussions with Offerors in the Competitive Range
The City will notify each Offeror whose Offer is in the Competitive Range or made the ‘short list’ and provide in writing any questions or requests for clarification to the Offeror. Each Offeror so notified may be interviewed by the City and asked to discuss answers to written or oral questions or provide clarifications to any facet of its Offer. The Offerors in the competitive range may be required to provide a demonstration of their product.
Demonstrations - Offerors in the competitive range may be invited to construct a hands-on sample or presentation of their solution at the City of Phoenix. In addition, each finalist may prepare and deliver a presentation of their proposed solution based on the script developed by the evaluation panel. The City may also require a hands-on lab demonstration designed specifically for the evaluation panel. The results of the surveys will be tabulated and delivered to the evaluation team for the final review and solution selection session(s).
If an Offer in the Competitive Range contains conditions, exceptions, reservations or understandings to or about any Contract or Solicitation Scope requirement, the City may discuss or negotiate the conditions, exceptions, reservations or understandings during these meetings. But the City in its sole discretion may reject any and all conditions, exceptions, reservations and understandings, and the City may instruct any Offeror to remove the conditions, exceptions, reservations or understandings. If the Offeror fails to do so, the City may determine the Offer is nonresponsive, and the City may revoke its determination that the Offer is in the Competitive Range.
To the fullest extent permitted by law, the City will not provide any information, financial or otherwise, to any Offeror about other Offers received in response to this solicitation. During discussions with Offerors in the Competitive Range, the City will not give Offerors specific prices or specific financial requirements that Offerors must meet to qualify for further consideration. The City may state that proposed prices are too high with respect to the marketplace or otherwise unacceptable. Offerors will not be told of their relative rankings before Contract award.
1.6.26. Best and Final Offers (BAFO)
A BAFO is an option available for negotiations. Each Offeror in the Competitive Range, which is determined in the City’s sole discretion, may be afforded the opportunity to amend its Offer and make one BAFO.
If an Offeror’s BAFO modifies its initial Offer, the modifications must be identified in the BAFO. The City will evaluate BAFOs based on the same requirements and criteria applicable to initial Offers. The City will adjust appropriately the initial scores for criteria that have been affected by offer modifications made by a BAFO. Based on the criteria defined in the solicitation as weighted, the City will then perform final scoring and prepare final rankings.
The Evaluation Panel will recommend the Offer that is the best value and most advantageous to the City based on the evaluation criteria.
The City reserves the right to make an award to an Offeror whose Offer is the highest rated, best value, and most advantageous to the City based on the evaluation criteria, without conducting written or oral discussions with any Offeror, without negotiations, and without soliciting BAFOs.
1.6.27. Fixed Offer Price Period
All offers shall be firm and fixed for a period of 240 calendar days from the solicitation opening date.
1.6.28. Obtaining a Copy of the Solicitation and Addenda
Interested Offerors may download the complete solicitation and addenda from the City's Procurement Portal: https://procurement.opengov.com/portal/phoenix/projects/239569. Any interested Offerors without internet access may obtain this solicitation by calling the Procurement Officer or picking up a copy during regular business hours at the City of Phoenix, Finance Department, Central Procurement Division, 251 W Washington Street, 8th Floor, Phoenix, AZ 85003. It is the Offeror’s responsibility to check the City's Procurement Portal, read the entire solicitation, and verify all required information is submitted with their Offer.
1.6.29. Certificates of Insurance
Upon notification of a recommended award, the Offeror will have 14 calendar days to submit a complete certificate of insurance in the minimum amounts and the coverages as required in the Insurance Requirements of this solicitation. Insurance requirements are non-negotiable.
1.7. Evaluation Criteria
In accordance with the Administrative Regulation 3.10, Competitive Sealed Proposal awards shall be made to the responsive and responsible Offeror(s) whose Offer is determined in writing to be the most advantageous to the City based upon the evaluation criteria listed below.
The evaluation factors are listed in the relative order of importance and more details are provided in Scope of Work. The Weight (Points) for each Evaluation Criteria are the maximum points that may be assigned for that Criteria. The following evaluation criteria will be used to evaluate all Offers:
1. Method of Approach
Evaluation of Method of Approach will be based on the Offeror’s demonstrated ability to meet the City’s project requirements, project implementation and the project schedule which demonstrates the ability to begin work quickly and ensure all Services will begin by January 1, 2028. In addition, Offeror's answers to the Vision Questionnaire, listed in 'Section 3. Submittals, Subsection 3.2. Vendor Questionnaire, Item No. 5' will be considered in evaluating this criterion.
Scoring Method:
Points Based
Weight (Points):
425 (42.5% of Total)
2. Qualifications, Experience and References
Provide the required documentation to demonstrate the firm’s compliance to the requirements outlined in this section. Evaluation of Qualifications, Experience and References will be based on the Offeror’s demonstrated qualifications and experience in successfully completing similar projects to the satisfaction of their customers. Offeror must provide a narrative for each requirement and complete the Attachments with corresponding information applicable to this section. Offeror is encouraged to provide supplemental documentation (if applicable) to their narrative responses, provided that the information supplements clearly and concisely the response to the specific requirement. In addition, Offeror's answers to the Vision Questionnaire, listed in 'Section 3. Submittals, Subsection 3.2. Vendor Questionnaire, Item No. 6' will be considered in evaluating this criterion.
Scoring Method:
Points Based
Weight (Points):
300 (30% of Total)
3. Price
The City, in collaboration with their hired consultant for this project, will review and evaluate responses to Attachment 3 – Financial Worksheet (Fee Schedule) in the Submittals section. Scoring will be based on the City's evaluation, supported by the consultant's expertise.
Scoring Method:
Reward Low Cost
Weight (Points):
275 (27.5% of Total)
2. AGREEMENT
2.1. Professional Services Agreement
BETWEEN
THE CITY OF PHOENIX
AND
CONTRACTOR NAME
This AGREEMENT is made and entered into this January 1, 2028, (“the Effective Date”), or as of the City Clerk date, whichever is later, by and between the City of Phoenix, Arizona, a municipal corporation of the State of Arizona (hereinafter referred to as “City”) and insert legal name of Contractor here, insert state of corporation and correct business name – Corporation, LLC, etc that you have confirmed on the Arizona Corporation Commission website, (hereinafter referred to as “ Contractor”).
RECITALS
The City Manager of the City of Phoenix, Arizona, is authorized by the provisions of the City Charter to execute agreements for professional services.
The City desires to obtain the services that are specifically set forth in this Agreement.
The City procured these professional services in accordance with the Phoenix City Code and Administrative Regulation 3.10.
Contractor possesses the skills and expertise necessary to provide such services as desired by the City.
This Agreement is authorized by the City Council (Ordinance Number and Agenda Number if applicable) Enter date.
NOW, THEREFORE, it is agreed by and between the parties as follows:
2.2. Term of Agreement
This Agreement begins on the Effective Date in the above introductory paragraph, and upon approval by the City, for a five-year term.
This Agreement will terminate upon the earliest occurrence of any of the following:
reaching the end of the term exercised as set forth in A;
completing the services set forth in the Scope of Work attached as EXHIBIT A – SCOPE OF WORK (the “Services”);
payment of the maximum compensation under Paragraph Payment of this Agreement; or
termination pursuant to the provisions of this Agreement.
2.3. Payment
The total amount to be remitted by the City to Contractor for all Services satisfactorily performed under this Agreement will not exceed the aggregate amount of $Enter amount per year/for the term of the agreement. Under this Agreement, the City will pay for Services at the rate(s) specified in the Fee Schedule and that comply with the requirements for Reimbursable Expenses as outlined below, with no additional charges for overhead, benefits, travel or administrative support. Payments will be made in proportion to the Services performed and no more than 90% of the total contract price will be paid before the work is totally completed and accepted by the City.
Contractor will submit monthly invoices on or before the 10th calendar day of every month. Each invoice will be accompanied with itemized receipts. The invoice will be submitted free of mathematical errors and/or missing supporting documentation. All appropriate documentation will be provided that supports the charges reflected in the monthly invoice. Upon finding of an error and/or missing documentation, the City will return the invoice to the Contractor. Contractor will promptly resubmit the revised invoice to the City. Each revised invoice will document the date that the revised invoice is submitted to the City. Requests for payment must be submitted with documentation that includes, but not limited to vendor name, remit address, invoice date, invoice number, date(s) of service, amount due, Contract number, by group, i.e. active, COBRA, Retiree, number of lives, premium amount by group, coverage description, i.e., employee only, employee + family, ACH information with corporate address along with any other relevant detailed description of the of the Services performed. Failure of City to identify an error does not waive any of the City’s rights.
Invoices will be submitted to: City of Phoenix Human Resource Department, Benefits Division Staff:
Brianna.Aceves@phoenix.gov
Debra.Payan@phoenix.gov
Tristin.Sullivan-Leppa@phoenix.gov
Benefits.Invoices@phoenix.gov
2.4. Scope of Work and Special Terms and Conditions
Contractor will provide consulting services that will be in accordance with the Scope of Work as set forth in EXHIBIT A – SCOPE OF WORK, which may be supplemented with additional detail from time to time during the term of the Agreement, and that are satisfactory to the City. In performing these services, Contractor will also specifically comply with the applicable Standard and Special Terms and Conditions. Contractor will provide progress reports to the Department designee is to provide report to, or just use “the City” according to a mutually agreed-upon schedule.
2.5. Exhibit A – Scope of Work
This section is intentionally left blank. Refer to Exhibit A.
2.6. Exhibit B - Fee Schedule
This section is intentionally left blank. Refer to Exhibit B.
2.7. Standard Terms and Conditions
2.7.1. Definition of Key Words Used in the Solicitation
Shall, Will, Must: Indicates a mandatory requirement. Failure to meet these mandatory requirements may result in the rejection of Offer as non-responsive.
Should: Indicates something that is recommended but not mandatory. If the Offeror fails to provide recommended information, the City may, at its sole option, ask the Offeror to provide the information or evaluate the Offer without the information.
May: Indicates something that is not mandatory but permissible.
For purposes of this solicitation, the following definitions will apply:
“A.R.S.” Arizona Revised Statute
“Buyer” or “Procurement Officer” City of Phoenix staff person responsible for the solicitation. The City employee or employees who have specifically been designated to act as a contact person or persons to the Contractor, and responsible for monitoring and overseeing the Contractor's performance under this contract.
"City" The City of Phoenix
"Contractor" The individual, partnership, or corporation who, as a result of the competitive process, is awarded a contract by the City of Phoenix.
"Contract” or “Agreement" The legal agreement executed between the City of Phoenix, AZ and the Contractor.
“Days” Means calendar days unless otherwise specified.
“Chief Procurement Officer” The contracting authority for the City of Phoenix, AZ, authorized to sign contracts and amendments thereto on behalf of the City of Phoenix, AZ.
“Employer” Any individual or type of organization that transacts business in this state, that has a license issued by an agency in this state and employs one or more employees in this state. Employer includes this state, any political subdivision of this state and self-employed persons. In the case of an independent contractor, employer means the independent contractor and does not mean the person or organization that uses contract labor. (A.R.S. 23-211).
“Offer” Means a response from a Supplier, Contractor, or Service Provider to a solicitation request that, if awarded, binds the Supplier, Contractor, or Service Provider to perform in accordance with the contract. Same as bid, proposal, quotation or tender.
“Offeror” Any Vendor, Seller or Supplier submitting a competitive offer in response to a solicitation from the City. Same as Bidder or Proposer.
“Solicitation” Means an Invitation for Bid (IFB), Request for Proposal (RFP), Request for Quotations (RFQ), Request for Qualifications (RFQu) and request for sealed Offers, or any other type of formal procurement which the City makes public through advertising, mailings, or some other method of communication. It is the process by which the City seeks information, proposals, Offers, or quotes from suppliers.
“Suppliers” Firms, entities or individuals furnishing goods or services to the City.
“Vendor or Seller” A seller of goods or services.
2.7.2. City’s Vendor Self-Registration and Notification
Vendors must be registered in the City’s Procurement Portal at https://procurement.opengov.com/portal/phoenix to respond to solicitations and access procurement information.
Vendors are required to register in the City’s procurePHX Self-Registration System (https://eprocurement.phoenix.gov/irj/portal) prior to contract execution. Registration is not required at the time of offer submission. However, the City will not execute a contract with any awarded vendor until registration is complete.
2.7.3. Business in Arizona
The City will not enter contracts with Offerors (or any company(ies)) not granted authority to transact business, or not in good standing, in the state of Arizona by the Arizona Corporation Commission, unless the Offeror asserts a statutory exception prior to entering a contract with the City.
2.7.4. Contract Interpretation
Applicable Law: This Contract will be governed by the law of the State of Arizona, and suits pertaining to this Contract will be brought only in Federal or State courts in Maricopa County, State of Arizona.
Contract Order of Precedence: In the event of a conflict in the provisions of the Contract, as accepted by the City and as they may be amended, the following will prevail in the order set forth below:
Professional Services Agreement Standard terms and conditions
Special terms and conditions
Insurance and Indemnification Terms and Insurance Certificate
Statement or scope of work and Fee Schedule
The Agreement resulting hereunder is not intended to constitute, create, give rise to or otherwise recognize a joint venture agreement or relationship, partnership or formal business organization of any kind, and the rights and obligations of the parties will be only those expressly set forth in the agreement. The parties agree that no persons supplied by the Contractor in the performance of Contractor’s obligations under the agreement are considered to be City’s employees and that no rights of City civil service, retirement or personnel rules accrue to such persons. The Contractor will have total responsibility for all salaries, wage bonuses, retirement, withholdings, workmen’s compensation, occupational disease compensation, unemployment compensation, other employee benefits and all taxes and premiums appurtenant thereto concerning such persons, and will save and hold the City harmless with respect thereto.
Severability: The provisions of this Contract are severable to the extent that any provision or application held to be invalid will not affect any other provision or application of the contract which may remain in effect without the invalid provision or application.
Non-Waiver of Liability: The City of Phoenix as a public entity supported by tax monies, in execution of its public trust, cannot agree to waive any lawful or legitimate right to recover monies lawfully due it. Therefore, any Contractor agrees that it will not insist upon or demand any statement whereby the City agrees to limit in advance or waive any right the City might have to recover actual lawful damages in any court of law under applicable Arizona law.
Parol Evidence: This Agreement is intended by the parties as a final expression of their agreement and is intended also as a complete and exclusive statement of the terms of this agreement. No course of prior dealings between the parties and no usage in the trade will be relevant to supplement or explain any term used in this Contract. Acceptance or acquiescence in a course of performance rendered under this contract will not be relevant to determine the meaning of this Contract even though the accepting or acquiescing party has knowledge of the nature of the performance and opportunity to object.
Counterparts: This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same Agreement.
2.7.5. Contract Administration and Operation
Records: All books, accounts, reports, files and other records relating to the contract will be subject at all reasonable times to inspection and audit by the City for five years after completion of the contract. Such records will be produced at a City of Phoenix office as designated by the City. Confidentiality will be maintained, and City will not violate any proprietary or other confidentiality agreements Contractor has in place.
Discrimination Prohibited: Contractor agrees to abide by the provisions of the Phoenix City Code Chapter 18, Article V as amended. Any Contractor, in performing under this contract, will not discriminate against any worker, employee or applicant, or any member of the public, because of race, color, religion, sex, national origin, age or disability nor otherwise commit an unfair employment practice. The supplier and/or lessee will take action to ensure that applicants are employed, and employees are dealt with during employment without regard to their race, color, religion, sex, or national origin, age or disability and adhere to a policy to pay equal compensation to men and women who perform jobs that require substantially equal skill, effort and responsibility, and that are performed within the same establishment under similar working conditions. Such action will include but not be limited to the following: Employment, promotion, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training; including apprenticeship. The supplier further agrees that this clause will be incorporated in all subcontracts with all labor organizations furnishing skilled, unskilled and union labor, or who may perform any such labor or services in connection with this contract. Contractor further agrees that this clause will be incorporated in all subcontracts, job-contractor agreements or subleases of this agreement entered into by supplier/lessee.
Equal Employment Opportunity and Pay: In order to do business with the City, Contractor must comply with Phoenix City Code, 1969, Chapter 18, Article V, as amended, Equal Employment Opportunity Requirements. Contractor will direct any questions in regard to these requirements to the Equal Opportunity Department, (602) 262-6790.
For a Contractor with 35 employees or fewer: Contractor in performing under this Agreement shall not discriminate against any worker, employee or applicant, or any member of the public, because of race, color, religion, sex, national origin, age, or disability, nor otherwise commit an unfair employment practice. The Contractor will ensure that applicants are employed, and employees are dealt with during employment without regard to their race, color, religion, sex, national origin, age, or disability. Such action shall include but not be limited to the following: employment, promotion, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training; including apprenticeship. The Contractor further agrees that this clause will be incorporated in all subcontracts related to this Agreement that involve furnishing skilled, unskilled and union labor, or who may perform any such labor or services in connection with this Agreement. Contractor further agrees that this clause will be incorporated in all subcontracts, Contractor agreements or subleases of this agreement entered into by supplier/lessee.
For a Contractor with more than 35 employees: Contractor in performing under this Agreement shall not discriminate against any worker, employee or applicant, or any member of the public, because of race, color, religion, sex, national origin, age, or disability, nor otherwise commit an unfair employment practice. The Contractor will ensure that applicants are employed, and employees are dealt with during employment without regard to their race, color, religion, sex, national origin, age, or disability, and shall adhere to a policy to pay equal compensation to men and women who perform jobs that require substantially equal skill, effort, and responsibility, and that are performed within the same establishment under similar working conditions. Such action shall include but not be limited to the following: employment, promotion, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training; including apprenticeship. The Contractor further agrees that this clause will be incorporated in all subcontracts with all labor organizations furnishing skilled, unskilled and union labor, or who may perform any such labor or services in connection with this contract. Contractor further agrees that this clause will be incorporated in all subcontracts, job-Contractor agreements or subleases of this Agreement entered into by supplier/lessee. The Contractor further agrees not to discriminate against any worker, employee or applicant, or any member of the public, because of sexual orientation or gender identity or expression and shall ensure that applicants are employed, and employees are dealt with during employment without regard to their sexual orientation or gender identity or expression.
Documentation: Suppliers and lessees may be required to provide additional documentation to the Equal Opportunity Department affirming that a nondiscriminatory policy is being utilized.
Monitoring: The Equal Opportunity Department shall monitor the employment policies and practices of suppliers and lessees subject to this article as deemed necessary. The Equal Opportunity Department is authorized to conduct on-site compliance reviews of selected firms, which may include an audit of personnel and payroll records, if necessary.
Legal Worker Requirements: The City of Phoenix is prohibited by A.R.S. § 41-4401 from awarding a contract to any Contractor who fails, or whose subcontractors fail, to comply with A.R.S. § 23-214(A). Therefore, Contractor agrees that:
Contractor and each subcontractor it uses warrants their compliance with all federal immigration laws and regulations that relate to their employees and their compliance with A.R.S. § 23-214, subsection A.
A breach of a warranty under paragraph 1 will be deemed a material breach of the contract that is subject to penalties up to and including termination of the contract.
The City of Phoenix retains the legal right to inspect the papers of any Contractor or subcontractor employee who works on the contract to ensure that the Contractor or subcontractor is complying with the warranty under paragraph 1.
Compliance with Laws: Contractor agrees to fully observe and comply with all applicable Federal, State and local laws, regulations, standards, codes and ordinances when performing under this Contract regardless of whether they are being referred to by the City. Contractor agrees to permit City inspection of Contractor’s business records, including personnel records to verify any such compliance. Because the contractor will be acting as an independent contractor, the City assumes no responsibility for the Contractor’s acts.
Lawful Presence Requirement: Pursuant to A.R.S. §§ 1-501 and -502, the City of Phoenix is prohibited from awarding a contract to any natural person who cannot establish that he or she is lawfully present in the United States. In order to establish lawful presence, this person must produce qualifying identification and sign a City-provided affidavit affirming that the identification provided is genuine. This requirement will be imposed at the time of contract award. In the event the prevailing responder is unable to satisfy this requirement, the City will offer the award to the next-highest scoring responder. The law does not apply to fictitious entities such as corporations, partnerships and limited liability companies.
Continuation During Disputes: Contractor agrees that notwithstanding the existence of any dispute between the parties, insofar as is possible, under the terms of the contract, the Contractor will continue to perform the obligations required of Contractor during the continuation of any such dispute unless enjoined or prohibited by an Arizona Court of competent jurisdiction.
Electronic Signatures: Electronic signatures are valid under Arizona law. Either or all parties may execute this Agreement by scanned or electronic signature, and any such scanned or electronic signature shall be deemed an original, valid, and binding signature if issued with proper signature authority.
2.7.6. Governing Law; Forum; Venue
This Agreement is executed and delivered in the State of Arizona, and the substantive laws of the State of Arizona (without reference to choice of law principles) will govern their interpretation and enforcement. Any action brought to interpret or enforce any provision of this Agreement that cannot be administratively resolved, or otherwise related to or arising from this Agreement, will be commenced and maintained in the state or federal courts of the State of Arizona, Maricopa County, and each of the parties, to the extent permitted by law, consents to jurisdiction and venue in such courts for such purposes.
2.7.7. Audit/Records
The City reserves the right, at reasonable times, to audit Contractor’s books and records relative to the performance of service under this Agreement. All records pertaining to this Agreement will be kept on a generally accepted accounting basis for a period of five years following termination of the Agreement.
If, following an audit of this Agreement, the audit discloses the Contractor has provided false, misleading, or inaccurate cost and pricing data, and the cost discrepancies exceed 1% of the total Agreement billings, the Contractor will be liable for reimbursement of the reasonable, actual cost of the audit.
2.7.8. Independent Contractor Status; Employment Disclaimer
The parties agree that Contractor is providing the Services under this Agreement on a part-time and/or temporary basis and that the relationship created by this Agreement is that of independent contractors. Neither Contractor nor any of Contractor’s agents, employees or helpers will be deemed to be the employee, agent, or servant of the City. The City is only interested in the results obtained under this Agreement; the manner, means and mode of completing the same are under the sole control of Contractor.
This Agreement is not intended to constitute, create, give rise to, or otherwise recognize a joint venture, partnership or formal business association or organization of any kind, and the rights and obligations of the parties will be only those expressly set forth in this Agreement. The parties agree that no individual performing under this Agreement on behalf of Contractor will be considered a City employee, and that no rights of City Civil Service, City retirement or City personnel rules will accrue to such individual. Contractor will have total responsibility for all salaries, wages, bonuses, retirement, withholdings, worker’s compensation, other employee benefits, and all taxes and premiums appurtenant thereto concerning such individuals and will save and hold harmless the City with respect thereto.
2.7.9. Costs and Payments
Commencement of Work. The Consultant is cautioned not to commence any billable work or provide any material or service under this Agreement until Consultant receives a fully executed contract document or otherwise directed to do so, in writing by the City.
Late Submission of Claim by Contactor. The City will not honor any invoices or claims which are tendered one (1) year after the last item of the account accrued.
No Advance Payments. Advance payments are not authorized. Payment will be made only for actual services or commodities that have been received.
Fund appropriation Contingency. The Consultant recognizes that this Agreement shall commence upon the day first provided and continue in full force and effect until termination in accordance with its provisions. The Consultant and the City herein recognize that the continuation of any Agreement after the close of any given fiscal year of the City of Phoenix, which fiscal year ends on June 30 of each year, shall be subject to the approval of the budget of the City of Phoenix providing for or covering such contract item as an expenditure therein. The City does not represent that said budget item will be actually adopted, said determination being the determination of the City Council at the time of the adoption of the budget.
IRS W9 Form. In order to receive payment, the Consultant shall have a current IRS W-9 form on file with the City of Phoenix. The form can be downloaded at http://www.irs.gov/pub/irs-pdf/fw9.pdf
2.7.10. Contract Changes
Contract Amendments: Whenever an addition, deletion or alteration to the Services described in the SCOPE OF WORK section substantially changes the Scope of Work thereby materially increasing or decreasing the cost of performance, a supplemental agreement must first be approved in writing by the City and Contractor before such addition, deletion or alteration will be performed. Changes to the Services may be made and the compensation to be paid to Contractor may be adjusted by mutual agreement, but in no event may the compensation exceed the amount authorized without further written authorization. It is specifically understood and agreed that no claim for extra work done or materials furnished by Contractor will be allowed except as provided herein, nor will Contractor do any work or furnish any materials not covered by this Agreement unless first authorized in writing. Any work or materials furnished by Contractor without prior written authorization will be at Contractor’s risk, cost and expense, and Contractor agrees to submit no claim for compensation or reimbursement for additional work done or materials furnished without prior written authorization.
Non-Assignability: This Agreement is in the nature of a personal services contract and Consultant shall have no power to assign this Agreement, including any right, duty, or obligation of Consultant under this Agreement, without the prior written consent of the City. Consultant shall not subcontract with any third party for any component of the Services without the prior written consent of the City. Any attempt to assign or subcontract without the City’s prior written consent shall be void. An essential consideration provided to the City by Consultant to induce the City to enter into the Agreement is Consultant's representation that the individual(s) performing services shall include Consultant's principals as selected through the Qualified Vendor solicitation process. Therefore, should such named individual(s) sever their relationship with Consultant, or otherwise be unavailable to carry out Consultant's duties under this Agreement for a period of time deemed to be excessive by the City in its sole and absolute discretion, then the City may, without notice, immediately terminate this Agreement for cause.
Non-Exclusive Contract: Any contract resulting from this solicitation will be awarded with the understanding and agreement that it is for the sole convenience of the City. The City reserves the right to obtain like goods or services from another source when necessary.
2.7.11. Risk of Loss and Liability
Title and Risk of Loss: The title and risk of loss of material or service will not pass to the City until the City actually receives the material or service at the point of delivery; and such loss, injury, or destruction will not release seller from any obligation hereunder.
Acceptance: All material or service is subject to final inspection and acceptance by the City. Material or service failing to conform to the specifications of this contract will be held at Contractor's risk and may be returned to the Contractor. If so returned, all costs are the responsibility of the Contractor. Noncompliance will conform to the cancellation clause set forth in this document.
Force Majeure: Except for payment of sums due, neither party will be liable to the other nor deemed in default under this contract if and to the extent that such party's performance of this contract is prevented by reason of force majeure. Contractor will not be responsible or liable for, or deemed in breach hereof because of any delay in the performance of its obligations hereunder to the extent caused by circumstances beyond its control, without its fault or negligence, and that could not have been prevented by the exercise of due diligence, including but not limited to fires, natural disasters, riots, wars, unavoidable and unforeseeable site conditions, failure of the City to provide data within the City’s possession or to make necessary decisions or provide necessary comments in connection with any required reports prepared by Contractor in connection with the Services and the unforeseeable inability to obtain necessary site access, authorization, permits, licenses, certifications and approvals (such causes hereafter referred to as “Force Majeure”).
Loss of Materials: If applicable, the City does not assume any responsibility, at any time, for the protection of or for loss of materials, from the time that the contract operations have commenced until the final acceptance of the work by the City.
Contract Performance: Contractor will furnish all necessary labor, tools, equipment, and supplies to perform the required services at the City facilities designated, unless otherwise specifically addressed in the scope, or elsewhere in this Agreement. The City's authorized representative will decide all questions which may arise as to the quality and acceptability of any work performed under the contract. If, in the opinion of the City's authorized representative, performance becomes unsatisfactory, the City will notify the Contractor. The Contractor will have 30 days from that time to correct any specific instances of unsatisfactory performance, unless a different amount of time is specified in the agreement. In the event the unsatisfactory performance is not corrected within the time specified, the City will have the immediate right to complete the work to its satisfaction and will deduct the cost to cover from any balances due or to become due the Contractor. Repeated incidences of unsatisfactory performance may result in cancellation of the agreement for default.
Damage to City Property: If applicable, Contractor will perform all work so that no damage to the building or grounds results. Contractor will repair any damage caused to the satisfaction of the City at no cost to the City. Contractor will take care to avoid damage to adjacent finished materials that are to remain. If finished materials are damaged, Contractor will repair and finish to match existing material as approved by the City at Contractor's expense.
2.7.12. City's Contractual Rights
Whenever one party to this contract in good faith has reason to question the other party's intent to perform, the former party may demand that the other party give a written assurance of this intent to perform. In the event that a demand is made and no written assurance is given within five days, the demanding party may treat this failure as an anticipatory repudiation of this contract.
Non-Exclusive Remedies: The rights and remedies of the City under this Contract are non-exclusive.
Default in One Installment to Constitute Breach: Each installment or lot of the agreement is dependent on every other installment or lot and a delivery of non-conforming goods or a default of any nature under one installment or lot will impair the value of the whole agreement and constitutes a total breach of the agreement as a whole.
On Time Delivery: Because the City is providing services which involve health, safety and welfare of the general public, delivery time is of the essence. Delivery must be made in accordance with the delivery schedule promised by the Contractor.
Default: In case of default by the Contractor, the City may, by written notice, cancel this contract and repurchase from another source and may recover the excess costs by (1) deduction from an unpaid balance due; (2) collection against the Solicitation and/or Performance Bond, or (3) a combination of the aforementioned remedies or other remedies as provided by law.
Covenant Against Contingent Fees: Seller warrants that no person or selling agent has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employers or bona fide established commercial or selling agencies maintained by the seller for the purpose of securing business. For breach or violation of this warranty, the City will have the right to annul the contract without liability or in its discretion to deduct from the contract price a consideration, or otherwise recover the full amount of such commission, brokerage or contingent fee.
Cost Justification: In the event only one response is received, the City may require that the Contractor submit a cost proposal in sufficient detail for the City to perform a cost/price analysis to determine if the Offer price is fair and reasonable.
Work Product, Equipment, and Materials: All work product, equipment, or materials created or purchased under this contract belongs to the City and must be delivered to the City at City’s request upon termination of this contract. Contractor agrees to assign to City all rights and interests Contractor may have in materials prepared under this contract that are “works for hire” within the meaning of the copyright laws of the United States, including any right to derivative use of the material.
2.7.13. Contract Termination
Gratuities: The City may, by written notice to the Contractor, cancel this contract if it is found that gratuities, in the form of entertainment, gifts or otherwise, were offered or given by the Contractor or any agent or representative of the Contractor, to any officer or employee of the City making any determinations with respect to the performing of such contract. In the event this contract is canceled by the City pursuant to this provision, the City will be entitled, in addition to any other rights and remedies, to recover or withhold from the Contractor the amount of the gratuity.
Conditions and Causes for Termination:
This contract may be terminated at any time by mutual written consent, or by the City, with or without cause, upon giving thirty-day written notice to Contractor. The City at its convenience, by written notice, may terminate this contract, in whole or in part. If this contract is terminated, the City will be liable only for payment under the payment provisions of this contract for services rendered and accepted material received by the City before the effective date of termination. Title to all materials, work-in-process and completed but undeliverable goods, will pass to the City after costs are claimed and allowed. The Seller will submit detailed cost claims in an acceptable manner and will permit the City to examine such books and records as may be necessary in order to verify the reasonableness of any claims.
Immediately upon receiving a written notice to terminate or suspend Services, Contractor will:
Discontinue advancing the work in progress, or such part that is described in the notice.
Deliver to the City all collected raw data, draft reports, preliminary reports, working papers, estimates and forecasts entirely or partially completed, together with all unused materials supplied by the City.
Appraise the work it has completed and submit its appraisal to the City for evaluation.
Be paid in full the pro rata value for services performed to the date of its receipt of the Notice of Termination, including reimbursement for all reasonable costs and expenses incurred by Contractor in terminating the work, including demobilization of field service. No payment will be made for loss of anticipated profits or unperformed services.
The City reserves the right to cancel the whole or any part of this contract due to failure of Contractor to carry out any term, promise, or condition of the contract. The City will issue a written notice of default to Contractor for acting or failing to act as in any of the following:
In the opinion of the City, Contractor provides personnel who do not meet the requirements of the contract;
In the opinion of the City, Contractor fails to perform adequately the stipulations, conditions or services/specifications required in this contract;
In the opinion of the City, Contractor attempts to impose on the City personnel or materials, products or workmanship, which is of an unacceptable quality;
Contractor fails to furnish the required service and/or product within the time stipulated in the contract;
In the opinion of the City, Contractor fails to make progress in the performance of the requirements of the contract and/or gives the City a positive indication that Contractor will not or cannot perform to the requirements of the contract.
Final Payment: The City shall make final payment for all Services performed and accepted within sixty (60) days after Contractor has delivered to the City any final progress reports, documentation, materials and evidence of costs and disbursement as required under this Agreement.
Temporary Suspension. The City may, by written notice, direct Consultant to suspend performance on all or any part of the Services for such period of time as may be determined by the City to be necessary or desirable for its convenience. If such suspension causes additional expense to Consultant in performance, and such additional expense is not due to fault or negligence of Consultant, the payment will be adjusted on the basis of actual costs resulting directly from the suspension, and the period for performance of the Services will be extended by mutual agreement. Any claim by Consultant for a price adjustment must be supported by appropriate documentation asserted promptly after Consultant has been notified to suspend performance.
Contract Cancellation: All parties acknowledge that this contract is subject to cancellation by the City of Phoenix pursuant to the provision of Section 38-511, Arizona Revised Statutes.
2.7.14. Notice
Any notice, consent or other communication (“Notice”) required or permitted under this Agreement will be in writing and either: (1) delivered in person; (2) sent via e-mail, return receipt requested; (3) sent via facsimile transmission; (4) deposited with any commercial air courier or express delivery service; or (5) deposited in the United States mail, postage prepaid.
If to Contractor:
Legal name and address of contractor.
If to City:
Division Contact and Title
City of Phoenix - Human Resources Department
Mailing Address
City, State Zip Code
Telephone: (602) xxx-xxxx
First.Last@phoenix.gov
Notice will be deemed received: (1) at the time it is personally served; (2) on the day it is sent via e-mail; (3) on the day it is sent by facsimile transmission; (4) on the second day after its deposit with any commercial air courier or express delivery service; or (5) five business days after the Notice is deposited in the United States mail as above provided. Any time period stated in a Notice will be computed from the time the Notice is deemed received.
Notices sent by e-mail and facsimile transmission will also be sent by regular mail to the recipient at the above address. This requirement for duplicate Notice is not intended to change the effective date of the Notice sent by e-mail or facsimile transmission.
2.7.15. Integration
This Agreement constitutes and embodies the full and complete understanding and agreement of the parties hereto and supersedes all prior understandings, agreements, discussions, proposals, bids, negotiations, communications, and correspondence, whether oral or written. No representation, promise, inducement or statement of intention has been made by any party hereto which is not embodied in this Agreement, and no party will be bound by or liable for any statement of intention not so set forth.
2.7.16. Conflicts of Interest
Contractor acknowledges that, to the best of its knowledge, information and belief, no person has been employed or retained to solicit or secure this Agreement upon a promise of a commission, percentage, brokerage, or contingent fee, and that no member of the Phoenix City Council or any employee of the City has any financial interest in the consulting firm. For breach of violation of this warranty, the City will have the right to annul this Agreement without liability, including any such commission, percentage, brokerage or contingent fee.
The City reserves the right to immediately terminate the contract in the event that the City determines that Contractor has an actual or apparent conflict of interest.
Upon a finding by the City that gratuities in the form of entertainment, gifts or inducements were offered or given by Contractor, or any agent or representative of Contractor, to any officer or employee of the City for the purpose of securing this Agreement, or securing favorable treatment with respect to the awarding, amending, or making of any determination with respect to the performance of this Agreement, the City may, by one calendar day written notice to Contractor, terminate the right of Contractor to proceed under this Agreement, provided that the existence of the facts upon which the City made such finding will be an issue and may be litigated in an Arizona court of competent jurisdiction. In the event of such termination, the City will be entitled to the same remedies against Contractor as could be pursued in the event of default by Contractor.
This Agreement is subject to the requirements of Arizona Revised Statutes §38-511.
2.7.17. Waiver of Claims for Anticipated Profits
Contractor waives any claims against the City and its officers, officials, agents and employees for loss of anticipated profits caused by any suit or proceeding, directly or indirectly, involving any part of this Agreement.
2.7.18. State and Local Transaction Privilege Taxes
In accordance with state and local law, transaction privilege taxes may be applicable to this transaction. The state and local transaction privilege (sales) tax burden and legal liability to remit taxes are on the Contractor that is conducting business in Arizona and the City of Phoenix. Any failure by the Contractor to collect applicable taxes from the City will not relieve the Contractor from its obligation to remit taxes. It is the responsibility of the prospective bidder to determine any applicable taxes. The City will look at the price or offer submitted and will not deduct, add or alter pricing based on any taxes, nor will the City provide advice or guidance. If you have questions regarding your tax liability, please seek advice from a tax professional prior to submitting your Offer. You may also find information at https://www.phoenix.gov/finance/plt or https://www.azdor.gov/Business. Once your Offer is submitted, the Offer is valid for the time specified in this Solicitation, regardless of mistake or omission of tax liability. If the City finds over payment of a project due to tax consideration that was not due, the Contractor will be liable to the City for that amount, and by contracting with the City, the Contractor agrees to remit any overpayments back to the City for miscalculations on taxes included in an offer price.
2.7.19. Tax Indemnification
Contractor will pay all federal, state and local taxes applicable to its operation and any persons employed by the Contractor, and require the same of all subcontractors. Contractor will hold the City harmless from any responsibility for: taxes, penalties and interest, if applicable, contributions required under federal, and/or state and local laws and regulations, and any other costs including unemployment compensation insurance, Social Security and Worker's Compensation, and require the same of all subcontractors.
2.7.20. Tax Responsibility Qualification
Contractor may be required to establish, to the satisfaction of City, that any and all fees and taxes due to the City or the State of Arizona for any License or Transaction Privilege taxes, Use Taxes or similar excise taxes, are currently paid (except for matters under legal protest). Contractor agrees to a waiver of the confidentiality provisions contained in the City Finance Code and any similar confidentiality provisions contained in Arizona statutes relative to State Transaction Privilege Taxes or Use Taxes. Contractor agrees to provide written authorization to the City Finance Department and to the Arizona Department of Revenue to release tax information relative to Arizona Transaction Privilege Taxes or Arizona Use Taxes in order to assist the Department in evaluating Contractor's qualifications for and compliance with contract for duration of the term of contract.
2.7.21. No Israel Boycott
If this Contract is valued at $100,000 or more and requires Contractor (a company engaging in for-profit activity and having ten or more full-time employees) to acquire or dispose of services, supplies, information technology, or construction, then Contractor must certify and agree that it does not and will not boycott goods or services from Israel, pursuant to Title 35, Chapter 2, Article 9 of the Arizona Revised Statutes. Provided that these statutory requirements are applicable, Contractor by entering this Contract now certifies that it is not currently engaged in, and agrees for the duration of the Contract to not engage in, a boycott of goods or services from Israel.
2.7.22. No Forced Labor of Ethnic Uyghurs
If this Contract requires Contractor (a company engaging in for-profit activity and having ten or more full-time employees) to acquire or dispose of services, supplies, information technology, goods, or construction, then pursuant to Title 35, Chapter 2, Article 10 of the Arizona Revised Statutes Contractor must certify and agree that it and any contractors, subcontractors, or suppliers it utilizes do not and will not use the forced labor of ethnic Uyghurs in the People’s Republic of China or any goods or services produced by such forced labor. Provided these statutory requirements are applicable, Contractor, by entering this Contract, now certifies it is not currently engaged in, and agrees for the duration of the Contract to not engage in, (a) the use of forced labor of ethnic Uyghurs in the People’s Republic of China; (b) the use of any goods or services produced by the forced labor of ethnic Uyghurs in the People’s Republic of China; or (c) the use of 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.
2.7.23. Release of Information - Advertising and Promotion
Contractor will not publish, release, disclose or announce to any member of the public, press, official body, or any other third party: (1) any information concerning this Agreement, the Services, or any part thereof; or (2) any documentation or the contents thereof, without the prior written consent of the City, except as required by law. The name of any site on which Services are performed will not be used in any advertising or other promotional context by Contractor without the prior written consent of the City.
2.7.24. Strict Performance
Failure of either party to insist upon the strict performance of any item or condition of the contract or to exercise or delay the exercise of any right or remedy provided in the contract, or by law, or the acceptance of materials or services, obligations imposed by this contract, or by law, will not be deemed a waiver of any right of either party to insist upon the strict performance of the contract.
2.7.25. Authorized Changes
The City reserves the right at any time to make changes in any one or more of the following: (a) specifications; (b) methods of shipment or packing; (c) place of delivery; (d) time of delivery; and/or (e) quantities. If the change causes an increase or decrease in the cost of or the time required for performance, an equitable adjustment may be made in the price or delivery schedule, or both. Any claim for adjustment will be deemed waived unless asserted in writing within sixty days from the receipt of the change. Price increases or extensions of delivery time will not be binding on the City unless evidenced in writing and approved by the Chief Procurement Officer prior to the institution of the change.
2.7.26. Claims or Demands Against the City
Contractor acknowledges and accepts the provisions of Chapter 18, Section 14 of the Charter of the City of Phoenix, pertaining to claims or demands against the City, including provisions therein for set-off of indebtedness to the City against demands on the City, and Contractor agrees to adhere to the prescribed procedure for presentation of claims and demands. Nothing in Chapter 18, Section 14 of the Charter of the City of Phoenix alters, amends or modifies the supplemental and complementary requirements of the State of Arizona Notice of Claim statutes, Arizona Revised Statutes §§ 12-821 and 12-821.01, pertaining to claims or demands against the City. If for any reason it is determined that the City Charter and state law conflict, then state law will control.
Moreover, nothing in this Agreement will constitute a dispute resolution process, an administrative claims process, or contractual term as used in Arizona Revised Statutes § 12-821.01(C), sufficient to affect the date on which the cause of action accrues within Arizona Revised Statutes § 12-821.01(A) and (B).
2.7.27. No Third-Party Beneficiaries
The parties expressly agree that this Agreement is not intended by any of its provisions to create any right of the public or any member thereof as a third-party beneficiary nor to authorize anyone not a party to this Agreement to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of this Agreement.
2.8. Special Terms and Conditions
2.8.1. Term of Contract
The term of this Contract will commence on or about January 1, 2028 and will continue for a period of five (5) years thereafter.
2.8.2. Price
All prices offered shall be firm and fixed for the entire term of the contract. Price decrease requests do not require supporting documentation and are allowed at any time during the contract term.
2.8.3. Method of Ordering
Contractor shall deliver items and/or services only upon receipt of a written purchase order. All Contractor invoices and packing/delivery tickets must include the City of Phoenix purchase order number.
2.8.4. Method of Payment
Payment to be made from Contractor’s invoice and shall cover items received and accepted during the billing period.
2.8.5. Partial Payments
Partial payments are authorized on individual purchase orders. Payment will be made for actual goods and services received and accepted by the City.
2.8.6. Supplier Profile Changes
It is the responsibility of the Contractor to promptly update their profile in procurePHX at https://www.phoenix.gov/procure. If Contractor’s legal identity has changed, the Procurement Officer must be notified immediately. Failure to do so may result in non-payment of invoices and contract termination.
2.8.7. Suspensions of Work
The City reserves the right to suspend work wholly or in part if deemed necessary for the best interest of the City. This suspension will be without compensation to the Contractor, other than to adjust the contract completion/delivery requirements.
2.8.8. Post Award Conference
A post-award conference will be held prior to commencement of any work on the project. The purpose of this conference is to discuss critical elements of the work schedule and operational problems and procedures.
2.8.9. Performance Interference
Contractor shall notify the City’s authorized Department representative immediately of any occurrence and/or condition that interferes with the full performance of the contract and confirm it in writing within 24 hours.
2.8.10. Cooperative Agreement
In addition to the City and with approval of the Contractor, this contract may be extended for use by other municipalities, public agencies owning public-use airports, and government agencies in the State of Arizona as well as other states.
2.8.11. Exclusive Possession
All services, information, computer program elements, reports, and other deliverables which may be created under this contract are the sole property of the City of Phoenix and will not be used by the Contractor or any other person except with prior written permission by the City.
2.8.12. Licenses and Permits
Contractor will keep current Federal, State, and local licenses and permits required for the operation of the business conducted by the Contractor as applicable to this contract.
2.8.13. Contacts with Third Parties
Contractor or its subcontractors will not contact third parties to provide any information in connection to the Services provided under this Agreement without the prior written consent of the City. Should Contractor or its subcontractors be contacted by any person requesting information or requiring testimony relative to the Services provided under this Agreement or any other prior or existing Agreement with the City, Contractor or its subcontractors will promptly inform the City giving the particulars of the information sought and will not disclose such information or give such testimony without the written consent of the City or court order. The obligations of Contractor and its subcontractors under this Section will survive the termination of this Agreement.
Contractor agrees that the requirements of this Section will be incorporated into all subcontractor agreements entered into by the Contractor. It is further agreed that a violation of this Section will be deemed to cause irreparable harm that justifies injunctive relief in court. A violation of this Section may result in immediate termination of this Agreement without notice.
2.8.14. Fiscal Year Clause
The City’s fiscal year begins July 1st and ends June 30th each calendar year. The City may make payment for services rendered or costs encumbered only during a fiscal year and for a period of 60 days immediately following the close of the fiscal year, under the provisions of Arizona Revised Statutes §42-17108. Therefore, Contractor must submit billings for services performed or costs incurred prior to the close of a fiscal year within ample time to allow payment within this 60-day period.
2.8.15. Final Payment
PAYMENT: The City will make final payment for all Services performed and accepted within 60 days after Contractor has delivered to the City any final progress reports, documentation, materials and evidence of costs and disbursement as required under this Agreement. Any use by the City of preliminary reports, raw data or other incomplete material returned by Contractor will be at the City’s sole risk for such use.
TEMPORARY SUSPENSION: The City may, by written notice, direct Contractor to suspend performance on all or any part of the Services for such period of time as may be determined by the City to be necessary or desirable for its convenience. If such suspension causes additional expense to Contractor in performance, and not due to fault or negligence of Contractor, the payment will be adjusted on the basis of actual costs resulting directly from the suspension, and the period for performance of the Services will be extended by mutual agreement. Any claim by Contractor for a price adjustment must be supported by appropriate documentation asserted promptly after Contractor has been notified to suspend performance.
2.8.16. Professional Competency
QUALIFICATIONS: Contractor represents that it is familiar with the nature and extent of this Agreement, the Services, and any conditions that may affect its performance under this Agreement. Contractor further represents that it is fully experienced and properly qualified, is in compliance with all applicable license requirements, and is equipped, organized, and financed to perform such Services.
LEVEL OF CARE AND SKILL: Services provided by Contractor will be performed in a manner consistent with that level of care and skill ordinarily exercised by members of Contractor’s profession currently practicing in the same industry under similar conditions. Acceptance or approval by the City of Contractor’s work will in no way relieve Contractor of liability to the City for damages suffered or incurred arising from the failure of Contractor to adhere to the aforesaid standard of professional competence.
2.8.17. Specific Performance
Contractor agrees that in the event of a breach by Contractor of any material provision of this Agreement, the City will, upon proper action instituted by it, be entitled to a decree of specific performance thereof according to the terms of this Agreement. In the event the City will elect to treat any such breach on the part of Contractor as a discharge of the Agreement, the City may nevertheless maintain an action to recover damages arising out of such breach. This paragraph is not intended as a limitation of such other remedies as may be available to the City under law or equity.
2.8.18. Documentation
DISSEMINATION AND RETENTION: There will be no dissemination or publication of any information gathered, or documents prepared in the course of the performance of the Services without the prior written consent of the City. Should the City, upon advice of counsel, deem it necessary, due to existing or anticipated litigation, to assert a legal privilege of protection and non-disclosure with regard to the subject matter of this Agreement, then, and in that event, upon written demand, Contractor will relinquish to the possession and control of the City its entire file related to this Agreement and only those portions of said file deemed by the City to be not privileged will be returned to Contractor pending the resolution of the existing or anticipated litigation.
FORMAT AND QUALITY: All documents prepared by Contractor will be prepared in a format and at a quality approved by the City.
DOCUMENT REVIEW: Contractor will review all documents provided by the City related to the performance of the Services and will promptly notify the City of any defects or deficiencies discovered in such review.
SUBMITTALS: Contractor will provide timely and periodic submittals of all documents required of Contractor, including subcontracts, if any, as such become available to the City for review.
2.8.19. Public Records
Notwithstanding any provisions of this Agreement regarding confidentiality, secrets, or protected rights, the Contractor acknowledges that all documents provided to the City may be subject to disclosure by laws related to open public records. Consequently, the Contractor understands that disclosure of some or all of the items subject to this Agreement may be required by law.
In the event City receives a request for disclosure that is reasonably calculated to incorporate information that might be considered confidential by Contractor, the City agrees to provide the Contractor with notice of that request, which shall be deemed given when deposited by the City with the USPS for regular delivery to the address of the Contractor specified in their proposal. Within ten days of City notice by the City, the Contractor will inform the City in writing of any objection by the Contractor to the disclosure of the requested information. Failure by the Contractor to object timely shall be deemed to waive any objection and any remedy against the City for disclosure.
In the event the Contractor objects to disclosure within the time specified, the Contractor agrees to handle all aspects related to request, including properly communicating with the requestor and timely responding with information the disclosure of which the Contractor does not object thereto. Furthermore, the Contractor agrees to indemnify and hold harmless the City from any claims, actions, lawsuits, or any other controversy or remedy, in whatever form, that arises from the failure to comply with the request for information and the laws pertaining to public records, including defending the City in any legal action and payment of any penalties or judgments. This provision shall survive the termination of this Agreement.
2.8.20. Demonstration
The City may, in its discretion, require a demonstration of the products or services offered as part of the evaluation process. The demonstration shall be provided by the Contractor at no cost to the City for the period deemed sufficient to properly evaluate the product or service. The exact time, conditions, and terms of the evaluation shall be established at the time a demonstration is requested.
2.8.21. Communication in English
It is mandatory that the Contractor’s lead person assigned to any City facility can speak, read, and write in English to effectively communicate with City staff.
2.8.22. Contractor Assignments
The Contractor hereby agrees that any of its employees who may be assigned to a City site to satisfy obligations under this contract shall be used exclusively for that purpose during the hours when they are working in areas covered by this contract and shall perform no work at other City facilities. If other services, in addition to or separate from, the services specified herein, may be deemed necessary by the Chief Procurement Officer or his authorized representative, the Contractor may be requested to perform the additional or special service.
2.8.23. Background Screening
Contractor agrees that all Contractor and subcontractors’ workers (collectively “Contract Worker(s))” pursuant to this Agreement will be subject to background and security checks and screening (collectively “Background Screening”) at Contractor’s sole cost and expense, unless otherwise provided for in the scope of work. Contractor’s background screening will comply with all applicable laws, rules and regulations. Contractor further agrees that the background screening is necessary to preserve and protect the public health, safety and welfare. The City requires a completed Contract Worker Badge/Key/Intrusion Detection Responsibilities Agreement for each Contract Worker who requires a badge or key.
2.8.24. Background Screening Risk Level
The City has established two levels of risk: Standard and Maximum risk. If the scope of work changes, the City may amend the level of risk, which could require the Contractor to incur additional contract costs to obtain background screens or badges.
2.8.25. Terms of This Section Applicable to all Contractor’s Contracts and Subcontracts
Contractor will include Contract Worker background screening in all contracts and subcontracts for services furnished under this agreement.
2.8.26. Materiality of Background Screening Requirements; Indemnity
The background screening requirements are material to City’s entry into this agreement and any breach of these provisions will be deemed a material breach of this contract. In addition to the indemnity provisions set forth in this agreement, Contractor will defend, indemnify and hold harmless the City for all claims arising out of this background screening section including, but not limited to, the disqualifications of a Contract Worker by Contractor. The background screening requirements are the minimum requirements for the Agreement. The City in no way warrants that these minimum requirements are sufficient to protect Contractor from any liabilities that may arise out of the Contractor’s services under this Agreement or Contractor’s failure to comply with this section. Therefore, Contractor and its Contract Workers will take any reasonable, prudent and necessary measures to preserve and protect public health, safety and welfare when providing services under this Agreement.
2.8.27. Continuing Duty; Audit
Contractor’s obligations and requirements will continue throughout the entire term of this Agreement. Contractor will maintain all records and documents related to all background screenings and the City reserves the right to audit Contractor’s records.
2.8.28. Background Screening – Maximum Risk
Determined Risk Level: The current risk level and background screening required is MAXIMUM RISK.
Maximum Risk Level: A maximum risk background screening will be performed every five years when the Contract Worker’s work assignment will:
work directly with vulnerable adults or children, (under age 18); or
any responsibility for the receipt of payment of City funds or control of inventories, assets, or records that are at risk of misappropriation; or
unescorted access to:
City data centers, money rooms, high-value equipment rooms; or
unescorted access to private residences; or
access to critical infrastructure sites/facilities; or
direct or remote access to Criminal Justice Information Systems (CJIS) infrastructure.
Requirements: The background screening for maximum risk level will include a background check for real identity/legal name and will include felony and misdemeanor records from any county in the United States, the State of Arizona, plus any other jurisdiction where the Contractor worker has lived at any time in the preceding seven years from the Contract Worker’s proposed date of hire. In addition, Maximum screening levels may require additional checks as included herein, depending on the scope of work, and may be amended if the scope of work changes.
2.8.29. Contractor Certification; City Approval of Maximum Risk Background Screening
Unless otherwise provided for in the Scope of Work, Contractor will be responsible for:
determining whether Contract Worker(s) are disqualified from performing work for the City for maximum risk level background checks; and,
submitting pass/fail results to the City for approval; and,
reviewing the results of the background check every three to five years, dependent on scope; and,
to engage in whatever due diligence is necessary to make the decision on whether to disqualify a Contract Worker; and,
Submitting the list of qualified Contract Workers to the contracting department; and,
If, upon review of the background information, the City will advise the Contractor if it believes a Contract Worker should be disqualified. The Contractor will evaluate the Contract Worker and if the Contractor believes that there are extenuating circumstances that suggest that the person should not be disqualified, the Contractor will discuss those circumstances with the contracting department. The contracting department decision on disqualification of a Contract Worker is final.
For sole proprietors, the Contractor must comply with the background check for himself and any business partners, or members or employees who will assist on the contract and for whom the requirements of the Agreement apply.
By executing this agreement, Contractor certifies and warrants that Contractor has read the background screening requirements and criteria in this section, and that all background screening information furnished to the City is accurate and current.
The City final documented decision will be an “approve” or “deny” for identified Contract Workers.
The City will not keep records related to background checks once they are confirmed. Information to verify the results will be returned to the Contractor, or any contracted agency that assists with review, after the City’s completed review.
By executing this agreement, Contractor further certifies and warrants that Contractor has satisfied all such background screening requirements for the maximum risk background screening, and verified legal worker status, as required.
Contract Workers will not apply for the appropriate City of Phoenix identification and access badge or keys until Contractor has received the City’s written acceptance of Contract Worker’s maximum risk background screening. The City may, in its sole discretion, accept or reject any or all the Contract Workers proposed by Contractor for performing work under this Agreement. A Contract Worker rejected for work at a maximum risk level under this agreement will not be proposed to perform work under other city contracts or engagements without city’s prior written approval.
2.8.30. Confidentiality
“Confidential Information” means all non-public, sensitive, or proprietary information disclosed or made available by City to Contractor or its affiliates, employees, contractors, partners, or agents (collectively “Recipient”), whether disclosed before or after the Effective Date, whether disclosed orally, in writing, or via permitted electronic access, and whether or not marked, designated, or otherwise identified as confidential. Confidential Information includes, but is not limited to: user contents, electronic data, meta data, employment data, network configurations, information security practices, strategic plans, financial accounts, protected personal data, protected health information, protected criminal justice information, and any other information that by the nature and circumstance of the disclosure should be deemed confidential. Confidential Information does not include this document or information that: (a) is now or subsequently becomes generally available to the public through no wrongful act or omission of Recipient; (b) Recipient can demonstrate by its written records to lawfully have had in its possession prior to receiving such information from the City; (c) Recipient can demonstrate by its written records to have been independently developed by Recipient without direct or indirect use of any Confidential Information; (d) Recipient lawfully obtains from a third party who has the right to transfer or disclose it; or (e) the City has approved in writing for disclosure.
Recipient shall: (a) protect and safeguard Confidential Information with at least the same degree of care as Recipient would protect its own Confidential Information, but in no event with less than a commercially reasonable degree of care, such as ensuring data is encrypted in transit and at rest and maintaining appropriate technical and organizational measures in performing the services under the Agreement; (b) not use Confidential Information, or permit it to be accessed or used, for any purpose other than in accordance with the Agreement; (c) not use Confidential Information, or permit it to be accessed or used, in any manner that would constitute a violation of law, including without limitation export control and data privacy laws; and (d) not disclose Confidential Information except to the minimum number of recipients who have a need to know and who have been informed of and agree to abide by confidentiality obligations that are no less restrictive than the terms of this Agreement. If Recipient is required by law or court order to disclose any Confidential Information, Recipient will first give written notice to the City and provide the City with a meaningful opportunity to seek a protective order or limit disclosure.
Upon the City’s written request or expiration of this Agreement, whichever is earlier, Recipient shall, at no additional costs to the City, promptly return or destroy all Confidential Information belonging to the City that Recipient has in its possession or control. After return or destruction of the Confidential Information, Recipient shall certify in writing as to its compliance with this paragraph.
If applicable, Contractor agrees to comply with all City information technology policies and security standards, as may be updated from time to time, when accessing City networks and computerized systems whether onsite or remotely.
A violation of this Section shall be deemed to cause irreparable harm that justifies injunctive relief in court. A violation of this Section may at the City’s discretion result in immediate termination of the Agreement without notice. The obligations of Contractor under this Section shall survive the termination of the Agreement.
2.8.31. Data Protection
The parties agree this Section shall apply to the City’s Confidential Information and all categories of legally protected personally identifiable information (collectively “City Data”) that Contractor processes when providing products or services to the City. “Personally identifiable information” is defined as in the Federal Privacy Council’s Glossary available at: https://www.fpc.gov/resources/glossary/.
As between the parties, the City is the data controller and owner of City Data and Contractor is a data processor. In this Section, the term “process,” “processing,” or its other variants shall mean: an operation or set of operations which is performed on City Data, whether or not by automated means, including without limitation: collection, recording, copying, analyzing, caching, organizing, structuring, storage, adaptation, alteration, retrieval, transmission, dissemination, alignment, combination, restriction, erasure, or destruction.
When Contractor processes City Data, Contractor shall, at no additional cost to the City:
process City Data only within the United States, only for the intended purpose of providing the products or services to the City, and not for Contractor’s own purposes, including product research, product development, marketing, or commercial data mining, even if the City Data has been aggregated, anonymized, or pseudonymized;
not input City Data into an artificial intelligence tool or prompt, unless expressly permitted by the City;
implement and maintain appropriate technical and organizational measures to protect City Data against unauthorized or unlawful processing and against accidental loss, destruction, damage, theft, alteration or disclosure, including at a minimum, and as applicable, those measures specified by the National Institute of Standards and Technology (NIST) SP800-53; NIST Privacy Framework; NIST AI Risk Management Framework; Arizona Revised Statutes (A.R.S.) § 18-552 (Notification of security system breaches); A.R.S. § 44-7601 (Discarding and disposing of records containing personal identifying information); Health Information Technology for Economic and Clinical Health (HITECH) Act; Payment Card Industry Data Security Standards; and good industry practice; (When considering what measures are appropriate and in line with good industry practice, Contractor shall keep abreast of current regulatory trends in data security and the state of technological development to ensure a level of security appropriate to the nature of the data to be protected and the harm that might result from such unauthorized or unlawful processing or accidental loss, destruction, damage, theft, alteration or disclosure. At minimum, Contractor will timely remediate any vulnerabilities found within its network that are rated medium or more critical by the Common Vulnerability Scoring System (CVSS); however, Contractor must remediate vulnerabilities that are rated critical within 14 days and vulnerabilities that are rated high within 30 days. If requested by the City, Contractor shall promptly provide a written description of the technical and organizational methods it employs for processing City Data.)
as applicable, implement and maintain appropriate policies and procedures to manage payment card service providers with whom Contractor shares sensitive financial information or cardholder data; and provide the City with a Qualified Security Assessor Attestation of Compliance for Payment Card Industry Data Security Standards on an annual basis, but no later than within 30 days of attestation report completion;
not subcontract the processing of City Data to any third party (including affiliates, group companies or sub-contractors) without providing notice to the City and allowing the City a reasonable opportunity to object;
ensure that any permitted sub-processor appointed by Contractor abide by data protection obligations that are no less restrictive than the terms of this Section; and remain fully liable to the City for the processing of City Data conducted by a sub-processor appointed by Contractor;
take reasonable steps to ensure the competence and reliability of Contractor’s personnel or sub-processor who have access to the City Data, including verifications and background checks appropriate to the security level required for such data access;
maintain written records of all information reasonably necessary to demonstrate Contractor’s compliance with this Agreement and applicable laws;
allow the City or its authorized agents to conduct annual audit inspection for compliance with this Section; provided however, the City may at its sole discretion accept a qualified and industry recognized independent third-party assessment report or certification (such as SSAE 18 SOC 2 Type 2 or ISO/IEC 27001) provided by Contractor at no cost to the City in lieu of the audit inspection rights of this Section.
If Contractor becomes aware of a security incident as defined by A.R.S. § 18-551 affecting City Data in the custody or control of Contractor or its sub-processor (each an “Incident”), Contractor shall notify the City at SOC@phoenix.gov, with copies to debra.payan@phoenix.gov and tristin.sullivan-leppa@phoenix.gov without undue delay within 48 hours; and:
provide the City with a detailed description of the Incident, the type of data that was the subject of the Incident, and the identity of each affected person as soon as such information can be collected or otherwise becomes available;
act immediately, at Contractor’s own expense, to investigate the Incident and to identify, prevent, and mitigate the effects of the Incident and to carry out any recovery or other action necessary to remedy the Incident;
cooperate with the City in investigating the occurrence, including making available all relevant records, logs, files, data reporting, and other materials required to comply with applicable laws or as otherwise required by the City; and
not directly contact any individuals who may be impacted by the Incident or release or publish any filing, communication, notice, press release, or report concerning the Incident without the City’s prior written approval (except where required to do so by applicable laws).
In addition to, and not in lieu of, all other rights and remedies available to the City, Contractor will defend, indemnify, and hold the City harmless against all losses, claims, costs, attorneys’ fees, damages or proceedings arising out of Contractor’s breach of this Section. A violation of this Section shall be deemed to cause irreparable harm that justifies injunctive relief in court. A violation of this Section may at the City’s discretion result in immediate termination of the Agreement without notice. The obligations of Contractor under this Section shall survive the termination of the Agreement.
2.8.32. Security Inquiries
Contractor acknowledges that all of the employees that it provides pursuant to this Contract shall, at Contractor’s expense, be subject to background and security checks and screening at the request of the City. Contractor shall perform all such security inquiries and shall make the results available to the City for all employees considered for performing work (including supervision and oversight) under this Contract. City may make further security inquiries. Whether or not further security inquiries are made by the City, City may, at its sole, absolute and unfettered discretion, accept or reject any or all of the employees proposed by the Contractor for performing work under this Contract. Employees rejected by the City for performing services under this Contract may still be engaged by Contractor for other work not involving the City. An employee rejected for work under this Contract shall not be proposed to perform work under other City contracts or engagements without the City’s prior approval.
The City, in its sole discretion, reserves the right, but not the obligation to:
require an employee/prospective employee of the Contractor to provide fingerprints and execute such other documentation as may be necessary to obtain criminal justice information pursuant to A.R.S. 41-1750 (G) (4);
act on newly acquired information whether or not such information should have been previously discovered;
unilaterally change its standards and criteria relative to the acceptability of Contractor’s employees and/or prospective employees; and
object, at any time and for any reason, to an employee of Contractor performing work (including supervision and oversight) under this Agreement. Contractor will bear the costs of all inquiries requested by the City.
2.8.33. Title
All documents including but not limited to artwork, copy, posters, billboards, photographs, video tapes, audio tapes, systems designs, drawings, estimates, field notes, investigations, software, reports, diagrams, surveys, analyses, studies or any other original works of authorship created by Contractor in the performance of this Agreement are to be and remain “works for hire” under Title 17, United States Code, and the property of the City and all copyright ownership and authorship rights in the work(s) shall belong to the City pursuant to 17 U.S.C. § 201(b). In the event that the work(s) that is/are the subject matter of this Agreement is deemed to not be work for hire, then Contractor hereby assigns to the City all of the right, title and interest for the entire world in and to the work(s) and the copyright therein. Contractor agrees to cooperate and execute additional documents reasonably necessary to conform to its obligations under this paragraph.
All documents, together with all unused materials supplied by the City, are to be delivered to the City upon termination of this Agreement before the final payment is made to Contractor.
2.9. Defense and Indemnification
2.9.1. Standard General Defense and Indemnification
Contractor (“Indemnitor”) must defend, indemnify, and hold harmless the City of Phoenix and its officers, officials (elected or appointed), agents, and employees (“Indemnitee”) from and against any and all claims, actions, liabilities, damages, losses or expenses (including but not limited to court costs, attorney fees, expert fees, and costs of claim processing, investigation and litigation) of any nature or kind whatsoever (“Losses”) caused, or alleged to be caused, in whole or in part, by the wrongful, negligent or willful acts, or errors or omissions of Indemnitor or any of its owners, officers, directors, members, managers, agents, employees or subcontractors (“Indemnitor’s Agents”) arising out of or in connection with this Contract. This defense and indemnity obligation includes holding Indemnitee harmless for any Losses arising out of or recovered under any state’s Workers’ Compensation Law or arising out of the failure of Indemnitor or Indemnitor’s Agents to conform to any federal, state or local law, statute, ordinance, rule, regulation or court decree. Indemnitor’s duty to defend Indemnitee accrues immediately at the time a claim is threatened or a claim is made against Indemnitee, whichever is first. Indemnitor’s duty to defend exists regardless of whether Indemnitor is ultimately found liable. Indemnitor must indemnify Indemnitee from and against any and all Losses, except where it is proven that those Losses are solely a result of Indemnitee’s own negligent or willful acts or omissions. Indemnitor will be responsible for primary loss investigation, defense and judgment costs where this indemnification applies. In consideration of the award of this Contract, Indemnitor waives all rights of subrogation against Indemnitee for losses arising from the work performed by Indemnitor or Indemnitor’s Agents for the City of Phoenix. The obligations of Indemnitor under this provision survive the termination or expiration of this Contract.
2.10. Insurance Requirements
2.10.1. Consultant's Insurance
Consultant and subconsultants must procure insurance against claims that may arise from or relate to performance of the work hereunder by Consultant and its agents, representatives, employees and subconsultants. Consultant and subconsultants must maintain that insurance until all their obligations have been discharged, including any warranty periods under this Contract.
The City in no way warrants that the limits stated in this section are sufficient to protect the Consultant from liabilities that might arise out of the performance of the work under this Contract by the Consultant, its agents, representatives, employees, or subconsultants and Consultant may purchase additional insurance as they determined necessary.
2.10.2. Scope and Limits of Insurance
Consultant must provide coverage with limits of liability not less than those stated below. An excess liability policy or umbrella liability policy may be used to meet the liability limits provided that (1) the coverage is written on a “following form” basis, and (2) all terms under each line of coverage below are met.
2.10.3. Commercial General Liability – Occurrence Form
General Aggregate $2,000,000
Products – Completed Operations Aggregate $1,000,000
Personal and Advertising Injury $1,000,000
Each Occurrence $1,000,000
The policy must name the City of Phoenix as an additional insured with respect to liability for bodily injury, property damage and personal and advertising injury with respect to premises, ongoing operations, products and completed operations and liability assumed under an insured contract arising out of the activities performed by, or on behalf of the Consultant related to this Contract.
There shall be no endorsement or modification which limits the scope of coverage or the policy limits available to the City of Phoenix as an additional insured.
City of Phoenix is an additional insured to the full limits of liability purchased by the Consultant.
The Consultant’s insurance coverage must be primary and non-contributory with respect to any insurance or self-insurance carried by the City.
2.10.4. Automobile Liability
Bodily Injury and Property Damage coverage for any owned, hired, and non-owned vehicles used in the performance of this Contract.
Combined Single Limit (CSL) $1,000,000
The policy must be endorsed to include the City of Phoenix as an additional insured with respect to liability arising out of the activities performed by, or on behalf of the Consultant, relating to this Contract.
City of Phoenix is an additional insured to the full limits of liability purchased by the Consultant.
The Consultant’s insurance coverage must be primary and non-contributory with respect to any insurance or self-insurance carried by the City.
2.10.5. Worker’s Compensation and Employers’ Liability
Workers’ Compensation Statutory
Employers’ Liability
Each Accident $100,000
Disease – Each Employee $100,000
Disease – Policy Limit $500,000
Policy must contain a waiver of subrogation against the City of Phoenix.
This requirement does not apply when a consultant or subconsultant is exempt under A.R.S. §23-902(E), AND when such consultant or subconsultant executes the appropriate sole proprietor waiver form.
2.10.6. Professional Liability (Errors and Omissions Liability)
Each Claim $1,000,000
Annual Aggregate $1,000,000
The policy must cover liability arising from the failure to meet the professional standards required or expected in the delivery of those services as defined in the Scope of Services of this Contract.
Consultant warrants that any retroactive date under the policy must precede the effective date of this Contract; and that either continuous coverage will be maintained, or an extended reporting period will be exercised for a period of two (2) years beginning at the time work under this Contract is completed.
2.10.7. Technology Errors and Omissions Liability
Each Claim $1,000,000
Annual Aggregate $1,000,000
The policy must cover errors and omissions or negligent acts in the delivery of products, services, and/or licensed programs for those services as defined in the Scope of Services of this Contract.
Contractor warrants that any retroactive date under the policy must precede the effective date of this Contract; and that either continuous coverage will be maintained, or an extended reporting period will be exercised for a period of two (2) years beginning at the time work under this Contract is completed.
2.10.8. Network Security and Privacy Liability (required if Contractor has access to personal or confidential data)
Each Claim $1,000,000
Annual Aggregate $1,000,000
Policy must cover but not be limited to (1) coverage for third party claims and losses with respect to network risk and invasion of privacy (2) crisis management and third-party identity theft response costs and (3) cyber extortion.
Contractor warrants that any retroactive date under the policy must precede the effective date of this Contract; and that either continuous coverage will be maintained, or an extended reporting period will be exercised for a period of two (2) years beginning at the time work under this Contract is completed.
2.10.9. Notice of Cancellation
For each insurance policy required by the insurance provisions of this Contract, the Consultant must provide to the City, within 5 business days of receipt, a notice if a policy is suspended, voided or cancelled for any reason. Such notice must be mailed, emailed, or hand delivered to City of Phoenix Finance Department, Procurement Division, 251 W Washington Street, Phoenix, AZ 85003 OR procurement@phoenix.gov.
2.10.10. Acceptability of Insurers
Insurance is to be placed with insurers duly licensed or authorized to do business in the state of Arizona and with an “A.M. Best” rating of not less than B+ VI. The City in no way warrants that the required minimum insurer rating is sufficient to protect the Consultant from potential insurer insolvency.
2.10.11. Verification of Coverage
Consultant must furnish the City with certificates of insurance (ACORD form or equivalent approved by the City) as required by this Contract. The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf.
All certificates and any required endorsements are to be received and approved by the City before work commences. Each insurance policy required by this Contract must be in effect at or prior to commencement of work under this Contract and remain in effect for the duration of the project. Failure to maintain the insurance policies as required by this Contract or to provide evidence of renewal is a material breach of contract.
All certificates required by this Contract must be sent directly to City of Phoenix Finance Department, Procurement Division, 251 W Washington Street, Phoenix, AZ 85003 OR procurement@phoenix.gov. The City project/contract number and project description must be noted on the certificate of insurance. The City reserves the right to review complete copies of all insurance policies required by this Contract at any time. DO NOT SEND CERTIFICATES OF INSURANCE TO THE CITY’S RISK MANAGEMENT DIVISION.
2.10.12. Subconsultants
Consultant’s certificates shall include all subconsultants as additional insureds under its policies OR Consultant shall be responsible for ensuring and verifying that all subconsultants have valid and collectable insurance. At any time throughout the life of the contract, the City of Phoenix reserves the right to require proof from the Consultant that its subconsultants have insurance coverage. All subconsultants providing services included under this Contract’s Scope of Services are subject to the insurance coverages identified above and must include the City of Phoenix as an additional insured. In certain circumstances, the Consultant may, on behalf of its subconsultants, waive a specific type of coverage or limit of liability where appropriate to the type of work being performed under the subcontract. Consultant assumes liability for all subconsultants with respect to this Contract.
2.10.13. Approval
Any modification or variation from the insurance coverages and conditions in this Contract must be documented by an executed contract amendment.
3. SUBMITTALS
3.1. Submittals
3.1.1. AFFIDAVIT
The undersigned Offeror hereby submits to the City of Phoenix (City) the enclosed proposal based upon all terms and conditions set forth in the City’s Request for Proposals (RFP) and referenced materials. Offeror further specifically agrees hereby to provide services in the manner set forth in the proposal submitted by the Offeror.
The undersigned Offeror acknowledges and states, under penalty of perjury, as follows:
The City is relying on Offeror’s submitted information and the representation that Offeror has the capability to successfully undertake and complete the responsibilities and obligations submitted in its proposal and in the resulting contract.
The City has the right to make any further inquiry it deems appropriate to substantiate or supplement information supplied by Offeror
Offeror has read and fully understands all the provisions and conditions set forth in the RFP documents, upon which its proposal is based.
The forms and information requested in the RFP are complete and made part of the proposal. The City is not responsible for any Offeror errors or omissions.
This proposal may be withdrawn by requesting such withdrawal in writing at any time prior to the proposal deadline but may not be withdrawn after such date and time.
The City reserves the right to reject any and all proposals and to accept the proposal that, in its judgment, will provide the best quality development to the City.
This proposal is valid for a minimum of 240 days after the RFP proposal deadline.
All costs incurred by Offeror in connection with this proposal shall be borne solely by Offeror. Under no circumstances shall the City be responsible for any costs associated with Offeror’s proposal or the RFP process.
Offeror has not in any manner, directly or indirectly, conspired with any person or party to unfairly compete or compromise the competitive nature of the RFP process.
The contents of this proposal have not been communicated by the undersigned nor by any employee or agent to any other person engaged in this type of business prior to the official opening of this proposal.
To the best of the Offeror's knowledge, the information provided in its proposal is true and correct and neither the undersigned Offeror nor any partner, corporate officer or managing employee have ever been convicted of a felony or a crime involving moral turpitude.
3.1.2. Submission of Offer
Please do not lock the files with password protection so that the City may digitally incorporate the successful offer into the awarded contract.
Please submit offers electronically through the City's Procurement Portal. This Offer will remain in effect for a period of 240 calendar days from the opening date, and is irrevocable unless it is in the City’s best interest to release offer(s).
3.2. Vendor Questionnaire
Instructions for Downloading Required Documents
Offerors must download all documents required to be completed and/or signed as part of the Vendor Questionnaire directly from the OpenGov Procurement Portal. Do not use the links in the downloaded solicitation document, as those links may not function properly.
1. PAYMENT TERMS & OPTIONS: Vendors must choose an option, if a box is not checked, the City will default to 0% - net 45 days:*
Contractor offers a prompt payment discount of either ______% - 30 days or 0% – 45 days - to apply after receipt of invoice or final acceptance of the products (invoice approval), whichever date is later, starts the 30 days. If no prompt payment discount is offered, the default is 0%, net 45 days; effective after receipt of invoice or final acceptance of the products, whichever is later. Payment terms offering a discount will not be considered in the price evaluation of your offer.
Contractor may be paid immediately upon invoice approval, if enrollment is made to the Single Use Account (SUA) Program, administered by the City’s servicing bank (“Bank”). By checking this box, the vendor accepts transaction costs charged by their merchant bank and agrees not to transfer to the City those extra charges. The City will not pay an increase in our services for the SUA charges; if an audit uncovers an upcharge for the SUA charges the vendor will owe the City all costs. The vendor may opt-out of the SUA program once, but then may not rejoin during the same contract term. For more information about the SUA program or to enroll, send email to mailbox.sua@phoenix.gov.
*Response required
2. Prompt Payment Discount
______% - 30 days or 0% – 45 days
If none is specified, the City will default to 0% - net 45 days.
3. Does your entity meet the Minimum Qualification listed under Section 1, Instructions, subsection 1.3?*
Yes
No
*Response required
When equals "Yes"
3.1. If the answer is "Yes", please upload supporting document/s.*
*Response required
4. Offeror Introduction Overview/Cover Letter in .pdf*
The cover letter shall provide a brief overview of the firm’s history. Describe your organization, including such information as when it was organized, when it began operations, provide a description of all of the services provided by your firm and how many consecutive years the Offeror has been providing Vision Plan Coverage Services as described in this Solicitation.
Provide “an overview” of the services offered in your proposal. The detailed description of the offerings shall be included below, in Item No. 5 Method of Approach of this section.
Provide a single main contact name, title, address, phone number, and email address for all matters related to this RFP.
Provide the contact name, title, address, phone number and email address for the primary contact who will have day-to-day responsibilities for working with the City.
Provide the address of your firm’s office that will provide Services to the City of Phoenix.
*Response required
5. Method of Approach*
Evaluation of Method of Approach will be based on the Offeror’s demonstrated ability to meet the City’s project requirements, project implementation and the project schedule which demonstrates the ability to begin work quickly and ensure all Services will begin by January 1, 2028.
Narrative of City’s project requirements and Offerings:
Provide a detailed narrative response to describe your ability to comply with the City’s requirements identified in Exhibit A – Scope of Work and provide a detailed description which demonstrates your understanding of the requirements and describe the offered services.
Provide a detailed narrative response to describe your approach to guidance on complex compliance issues and keeping up to date with all applicable rules and regulations.
Provide a detailed narrative response to describe your technological approach to all applicable compliance process(es), delivery of required notices and letters, deadline adherence and protection of information privacy.
Provide a detailed narrative response to describe your approach to ensure high-quality and competent customer support to the City and its’ Participants.
Project Schedule/Timeline
Provide a detailed draft project schedule which includes at a minimum: major milestones and timeline for each milestone, detailed sequence of tasks/deliverables and duration, key milestones, responsibilities and assignments, project implementation, reporting, data migration (if applicable), and final acceptance.
*Response required
6. Provide your entity's qualifications, experience and references.*
Provide the required documentation to demonstrate the firm’s compliance to the requirements outlined in this section. Evaluation of Qualifications, Experience and References will be based on the Offeror’s demonstrated qualifications and experience in successfully completing similar projects to the satisfaction of their customers. Offeror must provide a narrative for each requirement, provided that the information supplements with a clear and concise response to the specific requirement.
Firm Experience & Qualifications Narrative
1. Describe your firm’s overall your experience providing Fully Insured Vision Benefits to other clients of similar scope and comparable to the City of Phoenix.
Indicate the number of employees for each client referenced. Government agencies are preferred but not required.
2. The Offeror must be lawfully authorized to conduct business in Arizona or must have no impediments to conducting business in Arizona.
3. Describe your firm’s resources available for this project.
4. Demonstrate Offeror’s capabilities, experience and expertise on how you propose to manage the Fully Insured Vision Benefits for the City in accordance with the scope of work requirements.
Provide a list of subcontractors which will be used to provide the Services outlined in the solicitation.
Describe the Services which they will be providing.
Describe the % of the services they will be providing.
Describe how you will ensure that the subcontractor(s) are performing the services in accordance with the scope of work.
5. Demonstrate that your firm is HIPAA certified and that protected health information is handled appropriately through the term of the Agreement.
*Response required
7. Upload your entity's key personnel resumes*
Provide up to a one-page resume for each proposed key personnel (includes all positions identified in the Organizational chart) which will be providing Services covered in the scope of this Solicitation. Refer to Exhibit A – Scope of Work, paragraph 8 Account Management Team, for a listing of the minimum positions identified by the City for the Account Management Team.
Resumes shall reflect relevant experience and qualifications for the Services as outlined in this Solicitation. For each Key Personnel identified, provide the following:
Name
Length of employment with the company
Proposed percentage of overall time to be dedicated to the resulting agreement
Brief summary of each individual’s:
Professional Experience
Relevant Experience (with similar roles to the proposed key position)
Education (training and education including institution, degree, major)
Certifications (certifications relevant to the proposed key position, including type of certification)
*Response required
8. Upload your entity's organizational chart(s) in .pdf *
Provide an Organizational chart of the team(s) who will be working on the City’s account. Please identify key personnel by name, title, location and contract role(s). For each proposed team member, include proposed staffing for the City (role, % dedication or number of FTEs who will be designated to the City’s account, and start and end date) that you believe will be necessary to support each project team’s work for each of the following:
Implementation Team: Outline the proposed Implementation Team Members responsible for the implementation of this project and ongoing program improvements/changes going forward during this project phase. Include proposed staffing for the City (role, dedication, or number of FTEs, start and end dates for each member and % dedication.
Account Management Team: Outline the proposed Account Management Team responsible to provide for the smooth daily operation of the Benefit Plans, as well as problem resolution and addressing elevated member and client issues. Identify team members and roles. Include proposed start and end dates for each member and % dedication.
Customer Service Team(s): Outline the proposed Customer Service Unit(s) Team(s). Proposed team(s) will be responsible for answering plan participant inquiries regarding Fully Insured Vision Benefits Plan Design, coverage and issues. Identify team members and roles. Include proposed start and end dates for each member and % dedication.
*Response required
9. Provide a Pre & Post Implementation Plans in .pdf*
Provide a detailed description of the Project Implementation Plan to include a pre and post Implementation Plan. Describe all critical milestones and any and all proposed training plan. Clearly describe how you will ensure Services will begin timely for Plan Year effective January 1, 2028.
*Response required
10. Upload your entity's standard communication materials for Fully Insured Vision Benefits*
*Response required
11. Provide your entity's financial ratings (Standard and Poors/A.M. Best/Moodies/other) in .pdf*
*Response required
12. Provide your entity's vision plan designs in .pdf*
*Response required
13. Technical Proposal (ENTIRE PROPOSAL WITHOUT PRICING)*
*Response required
14. Vision Disruption to be Completed*
Please download the below documents, complete, and upload in pdf and excel formats.
Attachment_1_-_Vision_Disruption_Spreadsheet.xlsb
*Response required
15. Vision Questionnaire*
Please download the below documents, complete, and upload.
Attachment_2_-_Vision_Questionnaire.xlsx
*Response required
16. Financial Worksheet (Fee Schedule)*
Please download the below documents, complete, and upload.
Attachment_3_-_Financial_Worksheet_(Fee_Schedule).xlsx
*Response required
17. Has your organization implemented a privacy program that covers privacy risk across all operations, services, projects, programs and systems that process personal data?*
Yes
No
*Response required
18. Does your organization have an incident/breach escalation and response plan? *
Yes
No
*Response required
19. Has your organization experienced any reportable privacy or security breaches within the last 2 years? *
Yes
No
*Response required
20. References*
Please download the below documents, complete, and upload.
References.pdf
*Response required
21. Certification Regarding Debarment, Suspension, and Other Ineligibility and Voluntary Exclusion*
Please download the below documents, complete, sign, and upload.
Failure to submit a signed Certification Regarding Debarment, Suspension, and Other Ineligibility and Voluntary Exclusion will deem your offer non-responsive and result in disqualification from further consideration.
Certification_Regarding_Debarment,_Suspension,_and_Other_Ineligibility_and_Voluntary_Exclusion.pdf
*Response required
22. Conflict of Interest and Transparency*
Please download the below documents, complete, sign, and upload.
Failure to submit a signed Conflict of Interest and Transparency form will deem your offer non-responsive and result in disqualification from further consideration.
Conflict_of_Interest_and_Transparency.pdf
*Response required
23. Emergency 24-Hour Service Contact*
Please provide a full contact name, telephone number, alternate contact, and their phone number.
*Response required
24. Offer *
Please download the below documents, complete, sign, and upload.
Failure to submit a signed Offer Page will deem your offer non-responsive and result in disqualification from further consideration.
Submittals_-_Offer_Page.pdf
*Response required
25. Performance Bonding Letter in .pdf*
Submit a letter from a licensed bonding or insurance agency stating that the Offeror can qualify for and procure the performance bond and/or payment surety in accordance with RFP Section 1, Paragraph 1.6.19 Statement of Bonding Ability.
*Response required
26. Business Associate Agreement - Exhibit C*
Confirm that your entity agrees to execute the Business Associate Agreement (BAA)
Please confirm
*Response required
27. Provide a redacted version of your offer in .pdf*
This version of your offer will be used in case of a public records request. The City of Phoenix complies with Arizona Public Record Law and the redacted version will be made available if requested.
*Response required
28. Confidential Attachments
This section only applies if the Offeror identifies some of the Offeror’s information as Confidential and/or Proprietary. All documents which the Offeror identifies as Confidential and/or Proprietary should be included in this section. Please do not identify every page as Confidential and/or Proprietary.
29. Provide your entity's list of exceptions, per RFP Section 1, Paragraph 1.6.2, if any (Word Doc)
30. Please confirm that all required documents have been duly signed and uploaded, including but not limited to: the Offer Page, Conflict of Interest and Transparency, and any other mandatory forms requiring signature.*
Failure to submit all required signed documents may deem our offer non-responsive and result in disqualification from further consideration.
Please confirm
*Response required
3.3. Attachments
A - Exhibit A - Scope of Work
B - Exhibit B - Fee Schedule
C - Exhibit C - BAA Business Associate Agreement
D - Appendix 1 - Vision Experience Data
E - Appendix 2 - Vision Plan Document
F - Appendix 3 - City of Phoenix Census Data
City of PhoenixIssuing agency·Phoenix, AZ·via the City of Phoenix OpenGov procurement portal