avn rfp 17-002 customer service data collection final edits...the city of phoenix invites sealed...

CITY OF PHOENIX AVIATION DEPARTMENT

REQUEST FOR PROPOSAL AVN RFP 17-002 (JL)

CUSTOMER DATA COLLECTION SERVICES REQUIREMENTS CONTRACT

PROCUREMENT OFFICER Janet Lee

Contracts Specialist II 602-273-2768

[email protected]

TABLE OF CONTENTS

CITY OF PHOENIX Aviation Department

2485 East Buckeye Road 2nd Floor

Phoenix, AZ 85034

Solicitation No. AVN RFP 17-002 (JL)

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Solicitation Instructions Section I Solicitation Response Checklist Introduction City’s Proposer Self-Registration and Notification Schedule of Events Obtaining a Copy of the Solicitation and Addenda Inquiries Preparation of Proposal Addenda Licenses Certification Submission of Proposal Withdrawal of Offer Proposal Results Award of Contract City’s Right to Disqualify for Conflict of Interest Proposer’s Compliance with Health, Environmental and Safety Requirements Proposal Format Solicitation Transparency Policy Protest and Appeals Process

Standard Terms and Conditions Section II Definition of Key Words Used in the Solicitation Contract Interpretation Contract Administration and Operation Costs and Payments Contract Changes Risk of Loss and Liability Warranties City’s Contractual Rights Contract Termination

Special Terms and Conditions Section III

Insurance and Indemnification Section IV

Scope of Work Section V Submittals Section VI Attachments Section VII Solicitation Conflict and Transparency Disclosure Form

SECTION I - SOLICITATION INSTRUCTIONS



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Please read this before continuing on to the solicitation document.

SOLICITATION RESPONSE CHECK LIST

Check off each of the following as the necessary action is completed.

□ 1. All forms have been signed and submitted with Proposal. All of Section VI, Submittal, is included.

□ 2. The prices offered have been reviewed.

□ 3. The price extensions and totals have been checked.

□ 4. Any required drawings or descriptive literature have been included.

□ 5. The delivery information block has been completed.

□ 6. If required, the amount of the bid surety has been checked and the surety has been included.

□ 7. Review the insurance requirements, if any, to assure you are in compliance.

□ 8. The specified number of copies of your offer has been included.

□ 9. Any addenda have been signed including the Solicitation Disclosure Form are included.

□ 10. The mailing envelope has been addressed to:

City of Phoenix Aviation Department Contracts and Services Division 2485 East Buckeye Road, 2nd Floor, Phoenix, AZ 85034

The mailing envelope clearly shows: Your company name and address, the Solicitation number, and the proposal opening date.

□ 11. The response will be mailed in time to be received no later than the Proposal Due Date at 2:00 p.m. local Arizona time.




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1. INTRODUCTION

The City of Phoenix invites sealed proposals for Customer Data Collection Services for an initial three (3) year period commencing on or about June 1, 2017, in accordance with the specifications and provisions contained herein. This Solicitation is available through Arizona Relay Service 7-1-1. Please call TTY 800-367-8939 for assistance.

2. CITY’S VENDOR SELF-REGISTRATION AND NOTIFICATION

Vendors must be registered in the City’s e-Procurement Self-Registration System at https://www.phoenix.gov/financesite/Pages/EProc-help.aspx in order to receive Solicitation notices, respond to this Solicitation and access procurement information. The City may, at its sole discretion, reject any offer from a Proposer who has not registered in the City’s e-Procurement system.

3. SCHEDULE OF EVENTS

Proposal Issue Date Friday, January 20, 2017

Pre-Proposal Conference Monday, January 30, 2017 at 11:00 A.M., Local AZ Time

Written Inquiries Due Date Friday, February 3, 2017 9:00 A.M., Local AZ Time Proposal Due Date Friday, February 24, 2017 2:00 P.M., Local Arizona Time

Evaluation Panel Meets Wednesday, March 22, 2017

Interviews (If required) Thursday, March 30, 2017

City Council Approval Wednesday, May 10, 2017

Proposal Submittal Location: City of Phoenix Aviation Department Contracts and Services Division 2485 East Buckeye Road, 2nd Floor, Phoenix, AZ 85034

Interviews (if required): City of Phoenix Aviation Department 2485 East Buckeye Road Phoenix, AZ 85034

City reserves the right to change dates and/or locations as necessary.

4. OBTAINING A COPY OF THE SOLICITATION AND ADDENDA Interested Proposers may download the complete Solicitation and addenda from

https://www.phoenix.gov/solicitations. Internet access is available at all public libraries. Any interested Proposer without Internet access may obtain this Solicitation by picking up a copy during regular business hours at the City of Phoenix Aviation Department, Contracts and Services Division, 2485 East Buckeye Road, 2nd Floor, Phoenix, AZ.




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5. INQUIRIES To adhere to the solicitation transparency policy and avoid disqualification, all questions that arise

relating to this Solicitation shall be directed in writing to: Janet Lee Email: [email protected] To be considered, written inquiries shall be received at the above email address by Friday,

February 3, 2017 at 9:00 A.M. local Arizona time. The City will respond to inquiries in an addendum published on the Procurement Website. If you need clarification to this Solicitation, you must send a written inquiry.

No informal contact initiated by a Proposer on the proposed service will be allowed with members

of the City’s staff from date of distribution of this Solicitation until after the closing date and time for the submission of proposals. Such communication will be deemed a violation of the transparency policy and you will be disqualified. All questions concerning, or issues related to, this Solicitation shall be presented in writing.

6. PREPARATION OF PROPOSAL 6.1 All forms provided must be completed and submitted with your proposal. The signed and

completed Solicitation Disclosure form must be included or your proposal will be deemed non-responsive. It is permissible to copy Section VI forms if necessary. Erasures, interlineations, or other modifications of your proposal shall be initialed in original ink by the authorized person signing the proposal. No proposal shall be altered, amended or withdrawn after the specified proposal due time and date. The City is not responsible for Proposer’s errors or omissions. All time periods stated as a number of days shall be calendar days.

Proposers must not take any exceptions to any terms, conditions or material requirements of this

Solicitation. Offers submitted with exceptions will be deemed non-responsive and disqualified from further consideration. Proposers must conform to all of the requirements specified in the Solicitation. The City encourages Proposers to ask the procurement officer questions rather than including exception in their proposal or offer.

6.2 The submittal shall include ample written evidence, in the form of technical specification,

cut/tear sheets, brochures, pictures, drawing, etc., to demonstrate that all specifications herein have been met and/or exceeded.

6.3 Proposers shall organize and submit their response (printed and electronic) in the following

tabs:

Tab 1 Company Experience and Qualifications

Tab 2 Method of Approach

Tab 3 Pricing

Tab 4 Submittal of Offer and All Required Forms and Documents

Tab 5 References

Tab 6 Addenda (if applicable)




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6.4 It is the responsibility of Proposer 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 a proposal. Negligence in preparing a proposal confers no right of withdrawal after the due date and time. Proposers are strongly encouraged to:

A. Consider applicable laws and/or economic conditions that may affect cost,

progress, performance, or furnishing of the products or services. B. Study and carefully correlate Proposer’s knowledge and observations with the RFP

document and other related data. C. Promptly notify the City of all conflicts, errors, ambiguities, or discrepancies that

Offeror has discovered in or between the RFP document and such other related documents.

6.5 The City does not reimburse the cost of developing, presenting or providing any response

to this Solicitation. Proposals submitted for consideration should be prepared simply and economically, providing adequate information in a straightforward and concise manner. Proposer 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.

6.6 Proposers are reminded that the specifications stated in this Solicitation are the minimum

level required and that proposals submitted must be for products or services that meet or exceed the minimum level of all features specifically listed in this Solicitation. Proposals offering less than the minimums specified are not responsive and should not be submitted.

6.7 If provisions of the detailed specifications preclude an otherwise qualified Proposer from

submitting a proposal, a written request for modification must be received by the Deputy Aviation Director at least seven (7) calendar days prior to the proposal opening. The City may issue an addendum to this Solicitation of any approved specification changes.

6.8 Prices shall be submitted on a per unit basis by line item, when applicable. In the event of

a disparity between the unit price and extended price, the unit price shall prevail unless obviously in error.

6.9 Prices offered shall not include applicable state and local taxes. The City will pay all

applicable taxes. For the purposes of determining the lowest cost, the City will not take tax into consideration. Taxes must be listed as a separate item on all invoices.

7. ADDENDA

The City shall not be responsible for any oral instructions made by any employees or officers of the City about this Solicitation instructions, plans, drawings, specifications, or contract documents. Any changes to this Solicitation, including plans, drawings and specifications, will be in the form of an addendum, which will be available at https://www.phoenix.gov/solicitations. Proposer shall acknowledge receipt of any/all addendum by signing and returning the document with the proposal submittal.




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8. LICENSES

If required by law for the operation of the business or work related to this Solicitation, Proposer must possess all valid certifications and/or licenses as required by federal, state and local laws at the time of submittal. If Proposer is a corporation, limited liability company, or other business entity regulated by the Arizona Corporation Commission (ACC), then Proposer certifies that it is in good standing with the ACC and shall remain in good standing throughout the term of the Contract. If Proposer is a partnership, limited partnership, or other business entity regulated by the Arizona Secretary of State (SOS), then Proposer certifies that it is in good standing with the SOS and shall remain in good standing throughout the term of the Contract. Proposer certifies that it is authorized to transact business in Arizona and shall remain authorized throughout the term of the Contract. Proposer certifies and that the person signing its proposal on its behalf is authorized and empowered to bind Proposer to the Contract.

9. CERTIFICATION

By signature in the offer section of the Offer and Acceptance page, Proposer certifies:

• The submission of the offer did not involve collusion or other anti-competitive practices. • Proposer shall not discriminate against any employee, or applicant for employment in

violation of federal or state law. • Proposer has not given, offered to give, or 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.

10. SUBMISSION OF PROPOSAL Proposals must be in the actual possession of the Aviation Contracts and Services Division on or

prior to the exact time and date indicated in the Schedule of Events. Late proposals will not be considered. The prevailing clock shall be the City’s clock of the Department issuing this Solicitation.

Proposals must be submitted in a sealed envelope and the following information must be noted on

the outside of the envelope: Proposer’s Name Proposer’s Address (as shown on the Certification Page) RFP Number RFP Title Proposals must be completed in ink or typewritten and include the number of copies in the Submittal

section.

11. WITHDRAWAL OF OFFER

At any time prior to the Solicitation due date and time, Proposer may withdraw the proposal by submitting a request in writing and signed by a duly authorized representative. Facsimiles, telegraphic or mailgram withdrawals will not be considered.




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12. PROPOSAL RESULTS

Proposals will be opened on the proposal due date, time and location indicated in the Schedule of Events, at which time the name of each proposer will be read. Proposals and other information received in response to the Request for Proposal will be shown only to authorized City personnel having a legitimate interest in them or persons assisting the City in the evaluation. Proposals are not available for public inspection until after an award recommendation has been posted on the City’s website.

A preliminary tabulation will be posted on the City’s website at https://www.phoenix.gov/finance/business-opportunities/bid-awards-and-recommendations within five (5) calendar days of the proposal opening. The information on the preliminary tabulation will be posted as it was read during the proposal opening. The City makes no guarantee as to the accuracy of any information on the preliminary tabulation. After the City has evaluated the proposals, an award recommendation will be posted on the website. No further notification will be provided to unsuccessful Proposers.

13. AWARD OF CONTRACT

Award(s) will be made to the responsive overall highest scoring Proposer(s). If two or more finalists are tied, the finalist with the lowest cost will be awarded the Contract. Notwithstanding any other provision of this Solicitation, the City reserves the right to: (1) waive any immaterial defect or informality, (2) reject any or all proposals or portions thereof, or (3) reissue a solicitation.

A response to this Solicitation is an offer to enter into a Contract with the City based upon the terms, conditions, and specifications contained in this Solicitation. Proposals do not become a Contract until they are accepted by the City, as evidenced by the signature of the Aviation Director of Services or his/her designee. A Contract has its inception in the award, eliminating a formal signing of a separate contract. For that reason, all of the terms, conditions and specifications of the Contract are contained in this Solicitation, unless any of the terms, conditions, or specifications are modified by an addendum or Contract amendment. The Contract may only be modified or amended by a written document signed by the City and Contractor.

14. CITY’S RIGHT TO DISQUALIFY FOR CONFLICT OF INTEREST

The City reserves the right to disqualify any Proposer on the basis of any real or apparent conflict of interest that is disclosed by the proposal submitted or any other data available to the City. This disqualification is at the sole discretion of the City. Any Proposer submitting a proposal waives any right to object now or at any future time before anybody or agency, including the City Council of the City of Phoenix or any court. You are required to complete the Solicitation Disclosure Form and submit it with your proposal.

15. PROPOSER’S COMPLIANCE WITH HEALTH, ENVIRONMENTAL AND SAFETY

REQUIREMENTS

Proposer’s products, services and facilities shall be in full compliance with all applicable federal, state and local health, environmental and safety laws, regulations, standards, codes and ordinances, regardless of whether or not they are referred to by the City.




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At the City’s request, Proposer shall provide the City with:

• Environmental, safety and health regulatory compliance documents (written safety programs, training and records, permits, etc.) applicable to services requested.

• A list of all federal, state and local citations or notice of violations, including EPA, OSHA, Maricopa County, issued against Proposer or its subcontractors, including dates, disposition and resolutions.

The City reserves the right, but not the obligation, to inspect the facilities, transportation vehicles or vessels, containers and disposal facilities provided by Contractor or subcontractor. The City has the right to inspect operations conducted by Contractor or subcontractor in its performance of the Contract.

16. PROPOSAL FORMAT The written proposal shall be signed by an individual authorized to bind Proposer. The proposal

shall state the name, title, address and telephone number of individuals with authority to contractually bind Proposer and who may be contacted during the term of the Contract. All fees quoted shall be firm and fixed for the full term of the Contract. Each response shall be:

A. Typewritten for ease of evaluation. B. Submitted in an 8½ x 11 inch loose leaf three-ring binder, preferably using double-sided

copying and at least 30% post-consumer content paper. C. Set forth in the same sequence as this Solicitation, i.e., Proposers should respond to this

Solicitation in sequence and each response should reference the applicable section of this Solicitation.

D. Signed by an authorized representative of Proposer. E. Submitted with the name(s), title, address, and telephone number of the individual(s)

authorized to negotiate a Contract with the City. F. All portions of this Solicitation contain numbered sections.

1. The City requires that the responding RFP be organized in the following major sections:

Tab 1 Company Experience and Qualifications

Tab 2 Method of Approach

Tab 3 Pricing

Tab 4 Submittal of Offer and All Required Forms and Documents

Tab 5 References

Tab 6 Addenda (if applicable) 17. SOLICITATION TRANSPARENCY POLICY

Commencing on the date and time this Solicitation is published, potential or actual Proposers or respondents (including their representatives) shall only discuss matters associated with this Solicitation with the Mayor, any members of City Council, the City Manager, any Deputy City Manager, or any department director directly associated with this Solicitation (including in each case their assigned staff, except for the designated Procurement Officer) at a public meeting, posted under Arizona Statutes, until the Contract(s) are awarded or all offers or responses are rejected and this 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 this Solicitation is not discussed, Proposers may continue to conduct business with the City and discuss business that is unrelated to this Solicitation with the City staff who are not involved in the selection process.




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Proposers may discuss their proposal or this Solicitation with the Mayor or one or more members of the Phoenix City Council, provided such meetings are scheduled through the Procurement Officer, conducted in person at City of Phoenix Aviation Department located at 2485 East Buckeye Road, and are posted as open meetings with the City Clerk at least twenty-four (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 Proposers, 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 Proposers. This policy is intended to create a level playing field for all Proposers, assure that Contracts are awarded in public, and protect the integrity of the selection process. PROPOSERS THAT VIOLATE THIS POLICY SHALL BE DISQUALIFIED. After official disqualification Notice is received, the Proposer may follow the Protest process, unless the Solicitation is cancelled without notice of intent to reissue. “To discuss” means any contact by Proposer, regardless of whether the City responds to the contact. Proposers that violate this policy shall be disqualified until the resulting Contract(s) is awarded, or all offers or responses are rejected and this 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 this policy as continuing through a cancellation of this Solicitation until Council award of the Contract, as long as the City cancels with a statement that the City will rebid this Solicitation.

18. PROTEST PROCESS

Proposer may protest the contents of this Solicitation before the Solicitation deadline when the protest is based on an alleged mistake, impropriety or defect in this Solicitation that is apparent. Protests filed regarding this Solicitation may be addressed by an amendment to this 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 this Solicitation, cancel or re-bid. Therefore, unless otherwise notified by a formal addenda, Protester must adhere to all Solicitation dates and deadlines, including timely filing of an offer, regardless of filing a protest. Proposer may protest an adverse determination issued by the City, regarding whether the Proposer is responsible or its offer or response is responsive, within seven (7) days of the date the Proposer was notified of the adverse determination. Proposer may protest an award recommendation if Proposer can establish that it had a substantial chance of being awarded the Contract and will be harmed by the recommended award. Staff recommendations to award the Contract(s) to a particular Proposer shall be posted on the City's website. An unsuccessful Proposer may file a protest no later than seven (7) calendar days after the recommendation is posted on the website. All protests shall be in writing, filed with the Procurement Officer identified in this Solicitation and include the following:




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• Identification of the Solicitation number; • The name, address and telephone number of 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 Protester or its authorized representative.

The Procurement Officer will render a written decision within a reasonable period of time after the protest is filed. The City will not request City Council authorization to award the Contract until the protest process is completed. All protests and appeals must be submitted in accordance with the City’s Procurement Code (Phoenix City Code, Chapter 43) and Administrative Regulation 3.10 and any protests or appeals not submitted within the time requirements will not be considered.

SECTION II - STANDARD TERMS AND CONDITIONS



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1. DEFINITION OF KEY WORDS USED IN THIS SOLICITATION

Shall, Will, Must means a mandatory requirement. Failure to meet these mandatory requirements may result in the rejection of a proposal as non-responsive.

Should means something that is recommended but not mandatory. If Proposer fails to provide recommended information, the City may, at its sole option, ask Proposer to provide the information or evaluate the offer without the information.

May means something that is not mandatory but permissible.

For purposes of this Solicitation, the following definitions shall apply: A.R.S. means Arizona Revised Statutes City means the City of Phoenix, an Arizona municipal corporation Contractor means the individual, partnership, corporation or other legal entity

who, as a result of the competitive process, is awarded the Contract by the City.

Contract/Agreement" means the legal agreement executed between the City and

Contractor. Department Contact means the City employee(s) who has specifically been designated

to act as a contact person(s) to Contractor, and who is responsible for monitoring and overseeing Contractor's performance under the Contract.

Days means calendar days, unless otherwise specified. Deputy Aviation Director means the contracting authority for the City’s Aviation

Department, who is authorized to sign Contracts and amendments thereto on behalf of the City.

Employer means any individual or type of organization that transacts

business in Arizona, that has a license issued by an agency in Arizona and employs one or more employees in Arizona. Employer includes Arizona, any political subdivision of Arizona 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. See A.R.S. § 23-211.

EPA means the Environmental Protection Agency Manufacturer means a firm that operates or maintains a factory or establishment

that produces on the premises, the materials, supplies, articles or equipment required under the Contract.

Proposal or Offer means a proposal, bid or quotation.




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Proposer means a vendor who responds to this Request for Proposal. Solicitation means this Request for Proposal. Suppliers means firms, entities or individuals furnishing goods or services

directly to the City. Vendor means a seller of goods or services.

2. CONTRACT INTERPRETATION

2.1 APPLICABLE LAW AND ATTORNEY FEES: The Contract shall be governed by the laws of the state of Arizona, and suits pertaining to the Contract shall be brought only in federal or state courts in Maricopa County, Arizona. In any contested action arising out of the Contract, the prevailing party shall recover its reasonable attorney fees, court costs, and other expenses from the other party.

2.2 IMPLIED CONTRACT TERMS: Each and every provision of law and any clause required

by law to be in the Contract shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon the application of either party the Contract shall forthwith be physically amended to make such insertion or correction.

2.3 CONTRACT ORDER OF PRECEDENCE: In the event of a conflict in the provisions of the

Contract, as accepted by the City and as it may be amended, the following shall prevail in the order set forth below:

A. Standard terms and conditions B. Special terms and conditions C. Amendments D. Statement or Scope of Work E. Specifications F. Attachments G. Exhibits H. Instructions to Proposers I. Other documents referenced or included in this Solicitation.

2.4 ORGANIZATION – EMPLOYMENT DISCLAIMER: The Contract resulting from this

Solicitation 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 shall be only those expressly set forth in the Contract. The parties agree that no persons supplied by Contractor in the performance of Contractor’s obligations under the Contract are considered to be City’s employees and that no rights of City civil service, retirement or personnel rules accrue to such persons. Contractor shall 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 shall save and hold the City harmless with respect thereto.




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2.5 SEVERABILITY: The provisions of the Contract are severable to the extent that any provision or application held to be invalid shall not affect any other provision or application of the Contract that may remain in effect without the invalid provision or application.

2.6 NON-WAIVER OF LIABILITY: The City, as a public entity supported by tax monies in the

execution of its public trust, cannot agree to waive any lawful or legitimate right to recover monies lawfully due it. Therefore, 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.

2.7 ENTIRE AGREEMENT: The Contract 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 the Contract. No course of prior dealings between the parties and no usage in the trade shall be relevant to supplement or explain any term used in the Contract. Acceptance or acquiescence in a course of performance rendered under the Contract shall not be relevant to determine the meaning of the Contract, even though the accepting or acquiescing party has knowledge of the nature of the performance and opportunity to object.

2.8 CLAIMS AGAINST THE CITY: Contractor shall comply with Chapter 18, § 14 of the City’s

Charter pertaining to claims or demands against the City. Nothing in Chapter 18, § 14 modifies the requirements of Arizona’s notice of claim statutes, A.R.S. §§ 12821 and 12821.01, pertaining to claims or demands against the City.

3. CONTRACT ADMINISTRATION AND OPERATION

3.1 RECORDS: All books, accounts, reports, files and other records relating to the Contract

shall be subject at all reasonable times to inspection and audit by the City for five (5) years after completion of the Contract. Such records will be produced at a City office designated by the City.

3.2 PUBLIC RECORD: All proposals submitted in response to this Solicitation shall become

the property of the City and become a matter of public record available for review pursuant to Arizona public records laws.

If Proposer believes that a specific section of its proposal response is confidential, then

Proposer shall isolate the pages marked confidential in a specific and clearly labeled section of its proposal response. Proposer may request that specific information contained in its bid be treated by the Procurement Officer as confidential, provided Proposer clearly labels the information "confidential." To the extent necessary for the evaluation process, information marked as "confidential" will not be treated as confidential.

After the procurement file becomes available for public inspection, the Procurement Officer will not make any information identified by Proposer as "confidential" available to the public, unless necessary to support the evaluation process or if specifically requested in accordance with applicable public records laws. When a public records request for such information is received, the Procurement Officer will notify Proposer in writing of any request to view any portion of its proposal marked "confidential." Proposer will have the time set forth in the notice to obtain a court order enjoining such disclosure. If Proposer does not provide the Procurement Officer with a court order enjoining release of the information during the designated time period, then the Procurement Officer will make the information requested available for inspection. Proposer shall include a written statement as to the basis for considering the marked pages confidential, including the specific harm




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or prejudice Proposer will suffer if the information is disclosed and the City Procurement Division will review the material and make a determination.

3.3 CONFIDENTIALITY AND DATA RECORD: All data, regardless of form, including

originals, images and reproductions, prepared by, obtained by, or transmitted to Contractor or its subcontractors in connection with the Contract is confidential, proprietary information owned by the City. Except as specifically provided in the Contract, Contractor and its subcontractors shall not disclose data generated in the performance of the service to any third person without the prior written consent of the City Manager, or his designee. Personal identifying information, financial account information, or restricted City information, whether electronic format or hard copy, must be secured and protected at all times in accordance with federal, state and local law and, if applicable, in compliance with Payment Card Industry Data Security Standards in order to avoid unauthorized access. At a minimum, Contractor must encrypt and/or password protect electronic files and data saved to laptop computers, computerized devices or removable storage devices.

When personal identifying information, financial account information, or restricted City information, regardless of its format, is no longer necessary, the information must be redacted or destroyed through appropriate and secure methods that ensure the information cannot be viewed, accessed or reconstructed. In the event that data collected or obtained by Contractor in connection with the Contract is believed to have been compromised, Contractor shall immediately notify the Department's Deputy Chief Information Officer. Contractor agrees to reimburse the City for any costs incurred by the City to investigate potential breaches of this data and, where applicable, the cost of notifying individuals who may be impacted by the breach. Contractor agrees that the requirements of this section shall be incorporated into all subcontractor agreements entered into by Contractor. Contractor agrees that a violation of this section shall be deemed to cause irreparable harm justifies injunctive relief in court. A violation of this section may result in immediate termination of the Contract without notice. The obligations of Contractor under this section shall survive the termination of the Contract.

3.4 DISCRIMINATION PROHIBITED: Contractor agrees to abide by the provisions of the

Phoenix City Code Chapter 18 (Human Relations), Article V (Supplier’s and Lessee’s Equal Employment Opportunity Requirements), as amended.

Any supplier/lessee, in performing under the Contract, shall neither 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/lessee shall 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 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 supplier/lessee agrees that this clause will be incorporated




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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 the Contract. Supplier/lessee agrees that this clause will be incorporated in all subcontracts, job-consultant agreements or subleases of the Contract entered into by supplier/lessee.

. 3.5 LEGAL WORKER REQUIREMENTS: The City is prohibited by A.R.S. § 41-4401 from

awarding the Contract to any Contractor who fails, or whose subcontractors fail, to comply with A.R.S. § 23-214(A). Therefore, Contractor agrees that: A. 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 § 23-214(A). B. A breach of a warranty under paragraph 3.5A shall be deemed a material breach

of the Contract that is subject to penalties up to and including termination of the Contract.

C. The City of Phoenix retains the legal right to inspect the records and papers of any Contractor or subcontractor employee who works on the Contract to ensure that Contractor or subcontractor is complying with the warranty under paragraph 3.5A above.

3.6 LICENSES AND PERMITS: Contractor shall keep current federal, state, and local licenses

and permits required for the operation of the business conducted by Contractor as applicable to the Contract.

3.7 ADVERTISING: Contractor shall not advertise or publish news releases concerning the

Contract without the prior written consent of the Deputy Aviation Director, and the City shall not unreasonably withhold permission.

3.8 EXCLUSIVE POSSESSION: All services, information, computer program elements, reports, and other deliverables which may be created under the Contract are the sole property of the City and shall not be used or released by the Contractor or any other person except with prior written permission by the City.

3.9 OWNERSHIP OF INTELLECTUAL PROPERTY: Any and all intellectual property,

including copyright, invention, trademark, trade name, service mark, and/or trade secrets created or conceived pursuant to or as a result of the Contract and any related subcontract (“Intellectual Property”), shall be considered work for hire and the City shall be considered the creator of such Intellectual Property. The agency, department, division, board or commission of the City requesting the issuance of the Contract shall own (for and on behalf of the City) the entire right, title and interest to the Intellectual Property throughout the world. Contractor shall notify the City within thirty (30) days of the creation of any Intellectual Property by it or its subcontractor(s). Contractor, on behalf of itself and any subcontractor(s), agrees to execute any and all document(s) necessary to assure ownership of the Intellectual Property vests in the City and shall take no affirmative actions that might have the effect of vesting all or part of the Intellectual Property in any entity other than the City. The Intellectual Property shall not be disclosed by Contractor or its subcontractor(s) to any other entity without the express written authorization of the City. If by operation of law the Intellectual Property is not owned in its entirety by the City automatically upon its creation, then Contractor agrees to assign and hereby assigns to the City the ownership of the Intellectual Property. The Contractor agrees to take such




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further action and execute and deliver such further agreements and other instruments as the City may reasonably request to give effect to this section 3.9.

It is expressly agreed by Contractor that these covenants are irrevocable and perpetual. 3.10 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 the Contract regardless of whether or not they are 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 Contractor’s acts.

3.11 LAWFUL PRESENCE REQUIREMENT: Pursuant to A.R.S. §§ 1-501 and 1-502, the City

is prohibited from awarding the Contract to any natural person who cannot established 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 the Contract is awarded. In the event the prevailing Proposer is unable to satisfy this requirement, the City will award the Contract to the next-highest scoring Proposer. The law does not apply to fictitious entities such as corporations, partnerships and limited liability companies.

3.12 NO ISRAEL BOYCOTT: By entering into the Contract, Contractor certifies that it is not

currently engaged in, and agrees for the duration of the Contract to not engage in, a boycott of Israel.

3.13 CONTINUATION DURING DISPUTES: Contractor agrees that notwithstanding the existence of any dispute between the parties and insofar as is possible under the terms of the Contract, Contractor shall 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.

3.14 EMERGENCY PURCHASES: The City reserves the right to purchase from other sources

those items which are required on an emergency basis and cannot be supplied immediately from stock by Contractor.

3.15 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 the Contract or by law shall not be deemed a waiver of any right of either party to insist upon the strict performance of the Contract.

4. COSTS AND PAYMENTS

4.1 PAYMENT TERMS: The City shall make every effort to process payment for the purchase

of material or services within thirty (30) calendar days after receipt of a correct invoice unless a good faith dispute exists to any obligation to pay all or a portion of the account. Payment terms are specified in the proposal.




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4.2 PAYMENT DEDUCTION OFFSET PROVISION: Contractor acknowledges that the City Charter requires that no payment be made to any Contractor as long as there is an outstanding obligation due to the City. Contractor agrees that any obligation it owes to the City will be offset against any payment due to Contractor from the City.

4.3 LATE SUBMISSION OF CLAIM BY CONTRACTOR: The City will not honor any invoices

or claims that are tendered one (1) year after the last item of the account accrued. 4.4 DISCOUNTS: Payment discounts will be computed from the date of receiving acceptable

products, materials and/or services or correct invoice, whichever is later to the date payment is mailed.

4.5 NO ADVANCE PAYMENTS: Advance payments are not authorized. Payment will be

made only for actual services or commodities that have been received. 4.6 FUND APPROPRIATION CONTINGENCY: Proposer recognizes that the Contract shall

commence upon the day first provided and continue in full force and effect until termination in accordance with its provisions. Proposer and the City recognize that the continuation of the Contract after the close of any given fiscal year of the City, which fiscal year ends on June 30 of each year, shall be subject to the approval of the budget of the City providing for or covering the Contract item as an expenditure therein. The City does not represent that said budget item will be actually adopted, the determination being the determination of the City Council at the time of the adoption of the budget.

4.7 MAXIMUM PRICES: The City shall not be invoiced at prices higher than those stated in

any contract resulting from this Solicitation. Proposer certifies, by signing its proposal, that the prices offered are no higher than the lowest price Proposer charges other buyers for similar quantities under similar conditions. Proposer agrees that any reductions in the price of the goods or services covered by this proposal and occurring after award will apply to the undelivered balance. Proposer shall promptly notify the City of such price reductions.

4.8 F.O.B. POINT: All prices will be quoted F.O.B. delivered, unless otherwise specified

elsewhere in this Solicitation.

5. CONTRACT CHANGES 5.1 CONTRACT AMENDMENTS: The Contract shall be modified only by a written

amendment signed by the Deputy Aviation Director and persons duly authorized to enter into contracts on behalf of Contractor.

5.2 ASSIGNMENT - DELEGATION: Neither any right or interest in the Contract nor monies

due thereunder shall be assigned in whole or in part without written permission of the City, and no delegation of any duty of Contractor shall be made without prior written permission of the Deputy Aviation Director, which may be withheld for good cause. Any assignment or delegation made in violation of this section shall be void.

5.3 NON-EXCLUSIVE CONTRACT: The Contract resulting from this Solicitation shall 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.




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5.4 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 and/or delivery schedule. Any claim for adjustment shall be deemed waived unless asserted in writing within thirty (30) days from the receipt of the change. Price increases or extensions of delivery time shall not be binding on the City unless evidenced in writing and approved by the Deputy Aviation Director prior to the institution of the change.

6. RISK OF LOSS AND LIABILITY

6.1 TITLE AND RISK OF LOSS: The title and risk of loss of material or service shall 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 shall not release Proposer from any obligation hereunder.

6.2 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 the Contract shall be held at Contractor's risk. If materials are returned, all costs are the responsibility of Contractor. If so returned, all costs are the responsibility of Contractor. Noncompliance shall conform to the cancellation clause set forth in this Solicitation.

6.3 INDEMNIFICATION – PATENT, COPYRIGHT AND TRADEMARK. Contractor shall

indemnify and hold harmless the City against any liability, including costs and expenses, for infringement of any patent, trademark or copyright or other proprietary rights of any third parties arising out of contract performance or use by the City of materials furnished or work performed under the Contract.

Contractor agrees upon receipt of notification to promptly assume full responsibility for the

defense of any suit or proceeding which is, has been, or may be brought against the City and its agents for alleged infringement, as well as for the alleged unfair competition resulting from similarity in design, trademark or appearance of goods by reason of the use or sale of any goods furnished under the Contract and Contractor further agrees to indemnify the City against any and all expenses, losses, royalties, profits and damages including court costs and attorney’s fees resulting from the bringing of such suit or proceedings including any settlement or decree of judgment entered therein. The City may be represented by and actively participate through its own counsel in any such suit or proceedings if it so desires. It is expressly agreed by the seller that these covenants are irrevocable and perpetual.

6.4 GENERAL INDEMNIFICATION: Contractor (Indemnitor) must indemnify, defend, save

and hold harmless the City and its officers, officials, agents, and employees (Indemnitee) from and against any and all claims, actions, liabilities, damages, losses, or expenses (including court costs; attorney fees; and costs of claim processing, investigation and litigation) (Claims) caused, or alleged to be caused, in whole or in part, by the wrongful, negligent or willful acts, errors, or omissions of Contractor or any of its owners, officers, directors, agents, employees or contractors arising out of or related to Contractor’s occupancy or use of the Airport or work performed by Contractor under the Contract. This indemnity includes any Claim or amount arising out of or recovered under the Workers’ Compensation Law or arising out of the failure of Contractor to conform to any federal, state or local law, statute, ordinance, rule, regulation or court decree. Contractor must




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indemnify Indemnitee from and against any and all Claims, except those arising solely Indemnitee’s own negligent or willful acts or omissions. Contractor will be responsible for primary loss investigation, defense and judgment costs where this indemnification applies. In consideration of the award of the Contract, Contractor waives all rights of subrogation against Indemnitee for losses arising from the work performed under the Contract by Contractor. The Obligations of Contractor under this section 6.4 shall survive the expiration or termination of the Contract.

6.5 FORCE MAJEURE: Except for payment of sums due, neither party shall be liable to the

other nor deemed in default under the Contract if and to the extent that such party's performance of the Contract is prevented by reason of force majeure. "Force majeure" means an occurrence that is beyond the control of the party affected and occurs without its fault or negligence. Force majeure shall not include late performance by a subcontractor unless the delay arises out of a force majeure occurrence in accordance with this force majeure term and condition. If either party is delayed at any time in the progress of the work by force majeure, the delayed party shall notify the other party in writing of such delay, as soon as is practical, of the commencement thereof and shall specify the causes of such delay in such notice. Such notice shall be hand-delivered or mailed certified-return receipt and shall make a specific reference to this provision, thereby invoking its provisions. The delayed party shall cause such delay to cease as soon as practicable and shall notify the other party in writing when it has done so. The time of completion shall be extended by contract modification for a period of time equal to the time that results or effects of such delay prevent the delayed party from performing in accordance with the Contract.

6.6 CONTRACT PERFORMANCE: Contractor shall furnish all necessary labor, tools, equipment, and supplies to perform the required services at the City facilities designated, unless otherwise designate in the scope. 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 shall notify Contractor. Contractor will have five (5) days from that time to correct any specific instances of unsatisfactory performance. In the event the unsatisfactory performance is not corrected within the time specified above, the City shall have the immediate right to complete the work to its satisfaction and shall deduct the cost to cover from any balances due or to become due to Contractor. Repeated incidences of unsatisfactory performance may result in cancellation of the Contractor for default.

6.7 LOSS OF MATERIALS: 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 project manager.

6.8 DAMAGE TO CITY PROPERTY: Contractor shall perform all work so that no damage to

the Airport, buildings or grounds results. Contractor shall repair any damage caused to the satisfaction of the City at no cost to the City.

Contractor shall take care to avoid damage to adjacent finished materials that are to remain. If finished materials are damaged, Contractor shall repair and finish to match existing material as approved by the City at Contractor's expense.




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7. WARRANTIES 7.1 GUARANTEE: Unless otherwise specified, all items shall be guaranteed for a minimum

period of one (1) year from date of acceptance by the City against defects in material and workmanship. At any time during that period, if a defect should occur in any item that item shall be replaced or repaired by Contractor at no obligation to the City except where it be shown that the defect was caused by misuse and not by faulty design.

7.2 QUALITY: Contractor expressly warrants that all goods or services furnished under the

Contract shall conform to the specifications, appropriate standards, and will be new and free from defects in material or workmanship. Contractor warrants that all such goods or services will conform to any statements made on the containers or labels or advertisements for such goods, or services, and that any goods will be adequately contained, packaged, marked and labeled. Contractor warrants that all goods or services furnished hereunder will be merchantable, and will be safe and appropriate for the purpose which goods or services of that kind are normally used. If Contractor knows or has reason to know the particular purpose for which City intends to use the goods or services, Contractor warrants that goods or services furnished will conform in all respect to samples. Inspection, test, acceptance of use of the goods or services furnished hereunder shall not affect Contractor’s obligation under this warranty, and such warranties shall survive inspection, test, acceptance and use. Contractor’s warranty shall run to City and its successors and assigns.

7.3 RESPONSIBILITY FOR CORRECTION: Contractor shall be fully responsible for making

any correction, replacement, or modification necessary for specification or legal compliance. In the event of any call back, Contractor shall give the City first priority. Contractor agrees that if the product or service offered does not comply with the foregoing, the City has the right to cancel the purchase at any time with full refund within thirty (30) calendar days after notice of non-compliance and Contractor further agrees to be fully responsible for any consequential damages suffered by the City.

7.4 LIENS: Contractor shall hold the City harmless from claimants supplying labor or materials

to Contractor or its subcontractors in the performance of the work required under the Contract. Contractor shall provide written certification that all liens against materials and labor have been satisfied before the City will make payment.

7.5 QUALITY STANDARDS OF MATERIAL AND SERVICES: If desired by the City, items

and/or services shall be subjected to testing, dissection or analysis by a recognized testing laboratory or consultant selected by the City to determine that the material(s) submitted for proposal conform to the proposal specifications. The cost of testing, dissection or analysis shall be borne by Contractor.

7.6 REPAIR AND REPLACEMENT PARTS: Repair or replacement parts for existing

equipment may be accomplished by Contractor using other than original equipment manufacturer's (OEM) parts. However, all parts or equipment furnished must be equal or exceed that of the original equipment manufacturer(s) in material and warranty.

7.7 WORKMANSHIP: Where not more specifically described in any of the various sections of

these specifications, workmanship shall conform to all of the methods and operations of best standards and accepted practices of the trade or trades involved, and shall include all items of fabrication, construction or installation regularly furnished or required for




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completion of the services. All work shall be executed by personnel skilled in their respective lines of work.

8. CITY’S CONTRACTUAL RIGHTS

8.1 RIGHT TO ASSURANCE: Whenever one party to the 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. If a demand is made and no written assurance is given within five (5) days, then the demanding party may treat this failure as an anticipatory repudiation of the Contract.

8.2 NON-EXCLUSIVE REMEDIES: The rights and remedies of the City under the Contract are non-exclusive.

8.3 DEFAULT IN ONE INSTALLMENT TO CONSTITUTE BREACH: Each installment or lot

of the Contract 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 Contract as a whole.

8.4 ON TIME DELIVERY: Because the City is providing services that 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 Contractor.

8.5 DEFAULT: In case of default by Contractor, the City may, by written notice, cancel the

Contract and repurchase from another source and may recover the excess costs by (1) deduction from an unpaid balance due; (2) collection against the proposal and/or performance bond, or (3) a combination of the aforementioned remedies or other remedies as provided by law.

Any notice, consent or other communication (Notice) required or permitted under the Contract must 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. Notice shall be sent to Contractor at the address, telephone number, or facsimile number set forth in Section VI. Notice shall be sent to the City as follows:

Contract Administrator

City of Phoenix Aviation Department 2485 East Buckeye Road Phoenix, AZ 85034 Telephone: 602-273-3400

E-Mail: [email protected] or [email protected] Notice will be deemed received (1) on the day it is personally served, (2) on the day it is sent by email, (3) on the day it is sent by facsimile transmission, (4) two (2) days after it is deposited with any commercial air courier or express delivery service, or (5) five (5) business days after it 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 email and facsimile transmission must also be sent by regular mail to the recipient at the address set forth above. This requirement for duplicate Notice is a courtesy only and does not change the effective date of the Notice sent by email or facsimile transmission.




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8.6 AUDIT: If, following an audit of the Contract, the audit discloses Contractor has provided

false, misleading, or inaccurate cost and pricing data, and the cost discrepancies exceed 1% of the total Contract billings, Contractor shall be liable to reimburse the City for the reasonable, actual cost of the audit.

8.7 COVENANT AGAINST CONTINGENT FEES: Contractor warrants that no person or

selling agent has been employed or retained to solicit or secure the 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 Contractor for the purpose of securing business. For breach or violation of this warranty, the City shall 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.

8.8 ESTIMATED QUANTITIES OR DOLLAR AMOUNTS (REQUIREMENTS CONTRACTS

ONLY): Quantities and dollar amounts listed are the City’s best estimate and do not obligate the City to order or accept more than City’s actual requirements during period of the Contract, as determined by actual needs and availability or appropriated funds. It is expressly understood and agreed that the Contract is to supply the City with its complete actual requirement for the Contract period, except that the estimated quantity shown for each proposal item shall not be exceeded by ten percent (10%) without the express written approval of the Deputy Aviation Director, Procurement Division. Any demand or order made by any employee or officer of the City, other than the Deputy Aviation Director, Procurement Division or designated representative, for quantities in excess of the estimated quantities and dollar amounts shall be void if the written approval of the Deputy Aviation Director was not received prior to Contractor's performance.

8.8 COST JUSTIFICATION: If only one proposal is received, then the City may require that

the Proposer submit a cost proposal in sufficient detail for the City to perform a cost/price analysis to determine if the proposal price is fair and reasonable.

8.9 WORK PRODUCT, EQUIPMENT AND MATERIALS: All work product, equipment, or

materials created or purchased under the Contract belongs to the City and must be delivered to the City at City’s request upon termination of the Contract. Contractor agrees that all materials prepared under the Contract are “works for hire” within the meaning of the copyright laws of the United States and assigns to City all rights and interests Contractor may have in the materials it prepares under this contract, including any right to derivative use of the material.

9. CONTRACT TERMINATION

9.1 GRATUITIES: The City may, by written notice to Contractor, cancel the Contract if it is found that gratuities, in the form of entertainment, gifts or otherwise, were offered or given by Contractor or any agent or representative of Contractor, to any officer or employee of the City making any determinations with respect to the performing of the Contract. If the Contract is canceled by the City pursuant to this provision, then the City shall be entitled, in addition to any other rights and remedies, to recover or withhold from Contractor the amount of the gratuity.




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9.2 CONDITIONS AND CAUSES FOR TERMINATION: The Contract may be terminated at any time by mutual written consent, or by the City, with or without cause, upon giving thirty (30) days written notice to Contractor. The City, at its convenience, by written notice, may terminate the Contract, in whole or in part. If the Contract is terminated, the City shall be liable only for payment under the payment provisions of the 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. Contractor shall submit detailed cost claims in an acceptable manner and shall permit the City to examine such books and records as may be necessary in order to verify the reasonableness of any claims.

The City reserves the right to cancel the whole or any part of the Contract due to Contractor’s failure 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:

A. In the opinion of the City, Contractor provides personnel who do not meet the

requirements of the Contract;

B. In the opinion of the City, Contractor fails to perform adequately the stipulations, conditions or services/specifications required in the Contract;

C. 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.

D. Contractor fails to furnish the required service and/or product within the time stipulated in the Contract;

E. In the opinion of the City, Contractor fails to make progress in the performance of

the requirements of the Contract and/or give the City a positive indication that Contractor will not or cannot perform to the requirements of the Contract.

9.3 CONTRACT CANCELLATION: All parties acknowledge that the Contract is subject to

cancellation by the City pursuant to the provision of A.R.S. § 38-511.

9.4 AMERICANS WITH DISABILITIES ACT (ADA): Contractor must comply with the ADA in performing the Contract, and acknowledges and understands its applicability to the Contract. Contractor must maintain twenty-four (24) hours per day, seven (7) days per week availability of ADA compliant and wheelchair accessible vehicles, and must provide ADA compliant and wheelchair accessible transportation within fifteen (15) minutes of a passenger request. Contractor agrees to train all employees and drivers operating under the Contract on ADA requirements.

9.5 AIRPORT PROPERTY: In accordance with the Phoenix City Code, Contractor is, at

Contractor’s own expense, fully responsible for all damages to Airport property caused while performing under the Contract. Contractor's failure or refusal to reimburse the City for damage caused to Airport property will constitute a breach of contract and, in addition to all other remedies, the City may refuse Contractor access to the Airport until the City has been fully compensated.




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9.6 FAILURE TO CONFORM: If any services performed under the Contract fail to conform to the requirements of the Contract, then, in addition to other available remedies, the City may require Contractor to immediately take all necessary steps to ensure that future performance of the services conform to the requirements of the Contract.

9.7 INDEPENDENT CONTRACTOR: Contractor is providing the services under the Contract

as an independent contractor. Neither Contractor nor any of Contractor's agents, employees or helpers will be deemed to be an employee, agent, or servant of the City. The City is interested in only the results obtained under the Contract; the manner, means and mode of completing the same are under the sole control of Contractor. The Contract does not 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 are only those expressly set forth in the Contract. No individual performing under the Contract on behalf of Contractor will be considered a City employee, and no rights of City Civil Service, City retirement or City personnel rules will accrue to such individual. Contractor has 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 must save and hold harmless the City with respect thereto.

9.8 THIRD PARTY BENEFICIARY: The Contract neither creates any right of the public or any member thereof as a third party beneficiary nor authorizes anyone not a party to the Contract to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of the Contract.

9.9 SUCCESSORS AND ASSIGNS: The Contract binds the City and Contractor and their

successors and assigns.

9.10 INTERPRETATION: Contractor agrees that the rule interpreting an ambiguity of a contract

against the drafter is waived and that the provisions of the Contract shall be interpreted fairly.

SECTION III – SPECIAL TERMS AND CONDITIONS


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1. EVALUATION CRITERIA

In accordance with the Administrative Regulation, 3.10, Competitive Sealed Proposal awards shall be made to the responsible offeror(s) whose proposal 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.

A. Company Experience and Qualifications 0-400 Points B. Method of Approach 0-300 Points

C. Price Proposal 0-200 Points D. References 0-100 Points _____________________________________________________________________________ Total Points 1000 Points

Proposals submitted for products considered by Proposer to be acceptable alternates to the brand names or manufacturer’s catalog references specified herein must be submitted with technical literature and/or detailed product brochures for the City’s use to evaluate the products offered. Proposals submitted without this product information may be considered as non-responsive and rejected. The City will be the sole judge as to the acceptability of alternate products offered.

A. COMPANY EXPERIENCE AND QUALIFICATIONS Proposer shall provide a history of its business, including the date established, the type of ownership or legal structure of the business (sole proprietor, partnership, corporation, etc.), the length of time that the business has been operating as the legal entity and length of time the business has been providing customer data collection services. Proposer must discuss the area of expertise and resources available both nationally and locally to provide the requested services.

1. Staff Experience List the proposed key members of staff to be assigned to the Contract, including their roles. Attach resumes, education, training, and licenses and certifications of the key personnel that will be assigned to the Contract. Resumes shall clearly state any experience specifically related to the Scope of Work and list any similar work successfully completed.

2. Qualifications and Portfolio

Proposer shall include the years of experience in developing, administering, tabulating, and analyzing the results of the surveys, including personal intercept and self-administered surveys. Proposer shall also include the types of method to conduct the surveys, such as personal intercept interviews, social media analysis, focus groups, phone and web-based surveys, and self-administered surveys, and other relevant information that may demonstrate the proposer’s ability to perform the services required.

B. METHOD OF APPROACH Proposer shall describe its method of approach to satisfy the requirements by covering the Scope of Work requirements using a written narrative, including a detailed approach and methodology for:

1. Data collection 2. Data recording and gathering 3. Data scrubbing




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4. Data analysis 5. Data reporting 6. Resources: tools and personnel to conduct customer service data collection services

in English and Spanish 7. Overall work plan must include schedules, resources to develop and administer

various surveys, preparing reports and making presentations on data results and findings

8. Variety of survey methods, such as intercept surveys, social media surveys and analysis, and telephone surveys

C. REFERENCES

Proposer shall furnish three (3) professional client references from firms or organizations that demonstrate satisfactory past performance of contracts of similar size, scope and complexity. At time of submittal, Proposer must include one customer data collection work sample from each reference for work completed within the last three (3) years. The sample survey shall include the methodology used (i.e., telephone, intercept, etc.), survey questions, and the report analysis. Please provide the following for each reference: name of firm or organization, name and title of the contact person, address, telephone number, and email address, and customer data collection sample.

2. EVALUATION OF COMPETITIVE SEALED PROPOSALS

The City will evaluate and negotiate Proposals, select the Proposer whose proposal represents the best value to the City, and award the Contract in accordance with the criteria and procedures described in this Solicitation, including this section. This Solicitation’s approach contemplates that proposals will first be evaluated to determine which ones are in the Competitive Range. The City may then discuss with Proposers and negotiate proposals that are in the Competitive Range, after which the City may request Best and Final Offers (BAFOs). But the City may select a proposal for award without discussions or negotiations and without requesting BAFOs.

3. DETERMINING RESPONSIVENESS AND RESPONSIBILITIES Proposals will be reviewed for documentation of minimum qualifications, completeness, and compliance with the requirements of this Solicitation. The City reserves sole discretion to determine responsiveness and responsibility.

A. Responsiveness: Nonresponsive proposals will not be considered in the evaluation process. This Solicitation states criteria that determine responsiveness, and this Solicitation includes terms and conditions that, if included or excluded from proposals (as the case may be), will render a proposal nonresponsive. Exceptions, conditions, reservations, or understandings are presumed to be unacceptable, and a proposal 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 Proposer remove the conditions, exceptions, reservations or understandings. If Proposer fails to do so in writing, the City may determine the proposal to be nonresponsive.




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B. Responsibility: To obtain true economy, the City must conduct solicitations to minimize the possibility of a subsequent default by Contractor, late deliveries, or other unsatisfactory performance that may result in additional administrative costs. It is important that Proposer be a responsible Contractor. Responsibility includes Proposer’s integrity, skill, capacity, experience, and facilities for conducting the work to be performed.

C. The Procurement Officer, in consultation with legal counsel, will review each Proposal to

determine if the Proposer is responsible. The City’s determination whether Proposer is responsible will be based on the information furnished by Proposer, interviews (if any), any information at the City’s request, information in any best and final offer, and information received from Proposer’s references, including information about Proposer’s past 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 this solicitation will not be made until any necessary investigation, which each Proposer agrees to permit by submitting its Proposal, is made by the City as it deems necessary.

D. A review of responsibility may occur up to Contract award.

E. Proposer’s unreasonable failure to promptly supply information in connection with an

inquiry with respect to responsibility may be grounds for a determination of non-responsibility with respect to the Proposal.

4. DETAILED EVALUATION OF PROPOSALS 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 Proposers’ rankings and which Proposals are within the competitive range, when appropriate.

5. PROPOSALS NOT WITHIN THE COMPETITIVE RANGE

The City may notify Proposers of proposals that the City determined are not in the competitive range.

6. DISCUSSIONS WITH PROPOSERS IN THE COMPETITIVE RANGE

A. The City will notify each Proposer whose proposal is in the competitive range or made the “short list” and provide in writing any questions or requests for clarification to the Proposer. Each Proposer 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 proposal. Proposers in the competitive range may be required to provide a demonstration of their product.

B. Demonstrations: Proposers in the competitive range may be invited to construct a hands-

on sample or presentation of their solution at the City. 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).

C. If a proposal in the competitive range contains conditions, exceptions, reservations or understandings to or about the Contract or a solicitation 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 Proposer to remove the




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conditions, exceptions, reservations or understandings. If Proposer fails to do so, the City may determine the proposal is nonresponsive, and the City may revoke its determination that the proposal is in the competitive range.

D. To the fullest extent permitted by law, the City will not provide any information, financial or

otherwise, to any Proposer about other proposals received in response to this Solicitation. During discussions with Proposers in the competitive range, the City will not give Proposers specific prices or specific financial requirements that Proposers must meet to qualify for further consideration. But the City may state that proposed prices are too high with respect to the marketplace or otherwise unacceptable. Proposers will not be told of their relative rankings before Contract award.

7. BEST AND FINAL OFFER (BAFO)

A. A BAFO is an option available for negotiations. Each Proposer in the competitive range may be afforded the opportunity to amend its proposal and make one BAFO. The request for BAFOs will include the following: (1) notice that discussions and/or negotiations are concluded, (2) notice that this is the opportunity to submit a written BAFO, (3) a common date and time for submission of a BAFO by each Proposer in the competitive range, allowing a reasonable opportunity to prepare BAFOs, (4) notice that if any modification to a BAFO is submitted, it must be received by the date and time specified for receipt of BAFOs, and (5) notice to Proposers that do not submit a notice of withdrawal or a BAFO that their immediately previous proposal will be construed as their BAFO.

B. If Proposer’s BAFO modifies its initial Proposal, the modifications must be identified in the

BAFO. The City will evaluate BAFOs based on the same requirements and criteria applicable to initial Proposals. The City will adjust appropriately the initial scores for criteria that have been affected by proposal modifications made by a BAFO. Based on the criteria defined in this Solicitation as weighted, the City will then perform final scoring and prepare final rankings.

C. The evaluation panel will recommend the proposal that is the best value and most advantageous to the City based on the evaluation criteria. The results of the evaluation and the selection of a Proposer for any award will be documented in the Solicitation file.

D. The City reserves the right to make an award to a Proposer whose proposal 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 Proposer, without negotiations, and without soliciting BAFOs.

8. LATE PROPOSALS

Late proposals will be rejected, except for good cause. If a late proposal is submitted, the City will document the date and time of the submittal of the late proposal, keep the proposal and notify the Proposer that its proposal was disqualified for being a late proposal.

9. PRE-PROPOSAL CONFERENCE A one-time pre-proposal conference will be conducted at 11:00 A.M. (local AZ time) on Monday, January 30, 2017 at the Aviation Department Corporate Office Building: 2485 East Buckeye Road, Phoenix, AZ 85034. A sign-in sheet will be routed at the site inspection.




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10. PRICE All prices submitted shall be firm and fixed for the initial three (3) year period. Thereafter, price adjustments will be considered annually provided the adjustments are submitted in writing with thirty (30) days advance notice. Requests shall be accompanied with written documentation from the manufacturer confirming the price increase. The City will be the sole judge in determining the allowable increase amount. Price adjustment requests shall be sent to Aviation Contracts and Services Division, AVN RFP 17-002 (JL), 2485 East Buckeye Road, 2nd Floor, Phoenix, AZ 85034. Price increases agreed to by any staff other than Deputy Aviation Director are invalid. Contractor acknowledges and agrees that it will repay all monies paid a requested price increase unless the price increase was specifically approved in writing by the Deputy Aviation Director.

11. AWARD Contract award will be made on an "all or none" basis. Submittal prices must be shown for each item listed. Proposals submitted without individual item prices listed will be considered as non-responsive and rejected.

12. METHOD OF ORDERING (PURCHASE ORDERS) The Procurement Division shall issue written purchase order(s). Contractor shall deliver items and/or services only upon receipt of a written purchase order issued by the Procurement Division. All Contractor invoices and packing and/or delivery tickets must include the City’s purchase order number.

13. METHOD OF INVOICING Invoice must include the following: A. City purchase order number, requisition number, or contract agreement number. B. Items listed individually by the written description and part number. C. Unit price, extended and totaled. D. Quantity ordered, back ordered, and shipped. E. Applicable tax. F. Invoice number and date. G. Requesting department name and "ship-to" address. H. Payment terms. I. FOB terms.

14. METHOD OF PAYMENT Payments will be made from Contractor's invoice, and a copy of the signed delivery invoices submitted shall cover items received and accepted during the billing period. Invoices must contain the Contract number or proposal number under which the Contract was awarded.

15. EQUAL EMPLOYMENT OPPORTUNITY AND PAY A. 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. Consultant will direct any questions in regard to these requirements to the Equal Opportunity Department, 602-262-6790.

B. Any Contractor in performing under the Contract 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. 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,




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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. Contractor further agrees that this clause will be incorporated in all subcontracts related to this Solicitation 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, job-consultant agreements or subleases of the Contract entered into by any supplier/lessee.

C. Documentation: Contractor may be required to provide additional documentation to the

Equal Opportunity Department affirming that a nondiscriminatory policy is being utilized. D. Monitoring: The Equal Opportunity Department shall monitor the employment policies and

practices of Contractor 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.

16. SECURITY INQUIRES

Contractor acknowledges that all of the employees that it provides pursuant to the 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 the Contract. City may make further security inquiries. Whether or not further security inquiries are made by the City, the 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 the Contract. Employees rejected by the City for performing services under the Contract may still be engaged by Contractor for other work not involving the City. An employee rejected for work under the Contract shall not be proposed to perform work under other City contracts or engagements without the City’s prior approval.

17. AVIATION SECURITY PROCEDURES Because of the various security requirements of the Federal Aviation Administration (FAA), Transportation Security Administration (TSA), and the City, Contractor may, if directed by those agencies or by the City, be responsible for the following requirements. These requirements also apply to any and all subcontractors. A letter on Contractor’s stationery, signed by a responsible company official, shall be submitted detailing the following: 1. City project number, the area(s) and entry point(s) Contractor will use throughout the duration of the Contract. 2. A complete list of employees requiring unescorted access to the Security Identification Display Area (SIDA) and/or Air Operations Area (AOA) (collectively, Restricted Area). 3. A complete list of vehicles and their license plate numbers that will require access to the Restricted Area. The insurance coverage previously detailed must be submitted in the proper form before access will be permitted to a Restricted Area. The insurance must cover all subcontractors used by Contractor or each subcontractor must supply their own coverage in the amounts required in the




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Contract. If the vehicle insurance does not cover all vehicles owned by Contractor or a subcontractor, the insurance certificate must list a description and the license plate number of each vehicle covered. All vehicles that will be used in a Restricted Area must be covered by this certificate. The certificate of insurance must be in the amount of five million dollars ($5,000,000) with at least one million dollars ($1,000,000) of the combined limit listed in automobile liability. The City must be named as certificate holder and additional insured with respect to liability arising out of the activities and operations performed by or on behalf of Contractor. Coverage shall be primary and non-contributory. All personnel must have picture identification, such as driver’s license, to prove their identity before entry to a Restricted Area. Contractor and each subcontractor requiring unescorted access to a Restricted Area must complete a badge application, criminal conviction checklist, and be fingerprinted for an FBI criminal history records check. This must be completed prior to the individual receiving unescorted access to a Restricted Area. Applicants must present two forms of identification, one of which must be government issued and either of which must bear the individual’s photograph. Prior to receiving a SIDA badge, individuals must attend a security class given by the Aviation Department’s Operations Division. All of the foregoing information shall be submitted to the Aviation Department’s Operations Division no later than five (5) work days before any anticipated start date. Additional questions concerning SIDA badges and access to a Restricted Area should be referred to Aviation Department’s Operations Division at 602-273-2036. Under no circumstances will work begin without the final approval of Aviation Department’s Operations Division. Fingerprints are required for all Contractors requiring access to a Restricted Area. The fingerprint based criminal history records check will determine if the individual has been convicted of any of the disqualifying criminal offenses listed in 49 C.F.R. § 1542.209(d). Contractor immediately must report lost or stolen badges or keys to the City. A new badge application form must be completed and submitted along with payment of the applicable fees prior to issuance of a new badge. All badges are the property of the City and must be returned to the City within one (1) business day of when the worker’s access to a City facility is no longer required to furnish the services under the Contract. Contractor must collect a worker’s badge upon the termination of the worker’s employment; when the worker’s services are no longer required; or upon termination, cancellation or expiration of the Contract. Contractor agrees that the access control and badge requirements in this Section are necessary to preserve and protect public health, safety and welfare. Accordingly, Contractor shall cure any default under this Section within three (3) business days from the date notice of default is sent by the City. Contractor’s failure to properly cure any default constitutes a breach of this Section and Contractor must pay to the City a liquidated damage in the amount of one thousand dollars ($1,000.00) for each breach by Contractor under this Section. Contractor agrees that the liquidated damage amount is reasonable and approximates the actual or anticipated loss to the City at the time and making of the Contract in the event Contractor breaches this Section. Further, Contractor agrees to the amount set forth above because of the difficulty of proving the City's actual damages. Three (3) breaches by Contractor of this Section within a period of twelve (12) consecutive months will constitute a material breach of the Contract by Contractor and the City, in addition to all other rights, remedies and interests under this Contract, at law and in equity, may terminate the Contract.




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A SIDA badge control plan shall be submitted as part of the project. This is to ensure that employees are badged for work while on the airfield. The plan shall be Contractor’s letterhead and signed by a representative of Contractor who is authorized to sign badge applications. The plan shall describe in detail Contractor’s plan to control badges. For example: “Each shift superintendent or foreman (specify names) is responsible for handing out individual badges at the safety/beginning-of-shift meeting, having the individual sign in their respective badge on the badge status log, securing (locking up) the badges (specify location), and making available the badge status log to Operations representative upon request.” All personnel operating a motor vehicle or equipment within a Restricted Area shall have a valid airfield driver’s permit issued by the Aviation Department’s Operations Division. To qualify for a permit, personnel must complete an application and successfully complete an interactive training session. Contact the Aviation Department’s Operations Division at 602-273-2036 to make the necessary arrangements. Exception: Drivers in vehicles without an airfield driver’s permit may be escorted by a driver in a vehicle with an airfield driver’s permit. Example: Material supplier vehicle with drivers without an airfield driver’s permit shall be escorted to and from the construction site within a Restricted Area by a Contractor-supplied escort vehicle of which the driver has a valid airfield driver’s permit. Maximum convoy length shall not exceed three (3) vehicles plus the escort. The three (3) vehicles must be in the immediate control of the escort vehicle. Fees associated with security badging will be assessed in compliance with Phoenix City Code. In addition to the foregoing, the City may (1) require Contractor to provide fingerprints and execute such other documentation as may be necessary to obtain criminal justice information on its workers pursuant to A.R.S. § 41-1750(G)(4) or Phoenix City Code § 4-22, (2) act on newly acquired information, whether or not the information should have been previously discovered, (3) unilaterally change its standards and criteria relative to the acceptability of Contractor’s workers, and (4) object to any worker performing work under the Contract. By submitting a Proposal, Contractor certifies and warrants that it has read the requirements in this Section, it understands them, all background screening information furnished to the City is accurate and current, and Contractor has satisfied all background screening requirements. The background screening requirements of this Section are material to the City’s decision to enter into the Contract and any breach of this Section will be deemed a material breach of the Contract. Contractor must defend, indemnify and hold harmless the City for any and all Claims, as defined in Section II(6.4), arising out of this background screening section. Contractor must immediately notify the City of any change to a background screening of a worker previously approved by the City. Contractor must maintain all records and documents related to all background screenings and the City reserves the right to audit Contractor’s compliance with this Section. The City has implemented an Airport Security Program (Program) in a form acceptable to the FAA and/or TSA pursuant to Title 49 of the Code of Federal Regulations. The City reserves the right to modify the Program as it deems necessary to accomplish its purposes. Contractor shall comply with the Program and indemnify, hold harmless and defend the City from all violations of the Program committed by Contractor or its employees, agents, subcontractors, or workers.

18. OPTION TO EXTEND This Solicitation for Customer Data Collection Services is for an initial three (3) year period commencing on or about June 1, 2017, in accordance with the specifications and provisions contained herein. The City, at its discretion and with approval of the Contractor, may exercise an option to extend the term of the Contract two (2) years.




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19. OPTION FOR ADDITIONAL SERVICES, QUANTITIES AND PRODUCTS

The City anticipates considerable activity under the Contract. However, no guarantee is made as to actual customer data collection services that will be purchased under the Contract. The City reserves the right to add, change or delete services, locations, requirements, quantities or items as circumstances may require.

20. TWENTY-FOUR HOUR SERVICE Twenty-four (24) hour service is to be provided by Contractor at no additional cost. Contractor shall provide a contact person, with phone number, who is available to the City during non-business hours in the event of scheduled scope related services were planned. Any change in contacts must be promptly submitted to the City.

21. SUSPENSIONS OF WORK Aviation Contracts and Services Division and the project manager reserve 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 Contractor, other than to adjust the Contract’s completion and/or delivery requirements.

22. COMMUNICATION IN ENGLISH It is mandatory that Contractor’s lead person assigned to any City’s facility be able to speak, read and write in English in order to communicate with the City.

23. PERFORMANCE INTERFERENCE Contractor shall immediately notify the City’s Aviation Department Contact of any occurrence and/or condition that interferes with the full performance of the contract, and confirm it in writing within twenty-four (24) hours. Department Contact: Jason Gitkin Phone: 602-273-3355

24. CONTRACT PERFORMANCE Contractor shall furnish all necessary labor, tools, equipment, and supplies to perform the required services at the City facilities designated. 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 shall notify Contractor. Contractor will have thirty (30) calendar days from that time to correct any specific instances of unsatisfactory performance. If the unsatisfactory performance is not corrected within the time specified above, then the City shall have the right to complete the work to its satisfaction and shall deduct the cost to cover from any balances due or to become due to Contractor. Repeated incidences of unsatisfactory performance may result in cancellation of the Contract for default.

25. LIQUIDATED DAMAGES If Contractor fails to deliver the supplies or perform the services within the time specified in the Contract, or any extension thereof, the actual damages to the City for the delay will be difficult or impossible to determine. Therefore, in lieu of actual damages, Contractor shall pay to the City as fixed, agreed, and liquidated damages for each calendar day of delay, the amount of one hundred dollars ($100.00). The Aviation Department’s Procurement Division may terminate the Contract in whole or in part as provided in the "Default" provision. In that event, Contractor shall be liable for




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liquidated damages accruing until such time as the City may reasonably obtain delivery or performance of similar supplies and services. Contractor shall not be charged with liquidated damages when the delay arises out of causes beyond the control and without the fault or negligence. The Deputy Aviation Director will be the sole judge in determining the liquidated damages.

26. REPORTS If required by the City, Contractor shall submit data reports in an electronic format acceptable to the City during the term of the Contract. Contractor will provide sample forms for approval by the City.

SECTION IV – INSURANCE AND INDEMNIFICATION



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INDEMNIFICATION Contractor (“Indemnitor”) must indemnify, defend, save and hold harmless the City of Phoenix and its officers, officials, agents, and employees ( “Indemnitee”) from and against any and all claims, actions, liabilities, damages, losses, or expenses (including court costs, attorneys’ fees, and costs of claim processing, investigation and litigation) ( “Claims”) caused, or alleged to be caused, in whole or in part, by the wrongful, negligent or willful acts, or errors or omissions of Contractor or any of its owners, officers, directors, agents, employees or subcontractors in connection with this Contract. This indemnity includes any Claims arising out of or recovered under the Workers’ Compensation Law or arising out of the failure of Contractor to conform to any federal, state or local law, statute, ordinance, rule, regulation or court decree. Contractor must indemnify Indemnitee from and against any and all Claims, except those arising solely from Indemnitee’s own negligent or willful acts or omissions. Contractor will be responsible for primary loss investigation, defense and judgment costs where this indemnification applies. In consideration of the award of this Contract, Contractor agrees to waive all rights of subrogation against Indemnitee for losses arising from the work performed by Contractor for the City. The obligations of Contractor under this provision survive the termination or expiration of this Contract. INSURANCE REQUIREMENTS: Contractor and subcontractors must procure insurance against claims that may arise from or relate to performance of the work by Contractor and its agents, representatives, employees and subconsultants. Contractor and subcontractors must maintain the required insurance until all of their obligations have been discharged, including any warranty periods under the Contract. These insurance requirements are minimum requirements for the Contract and in no way limit the indemnity covenants contained in the Contract. The City in no way warrants that the minimum limits stated in this section are sufficient to protect Contractor from liabilities that might arise out of the performance of the work under the Contract by Contractor, its agents, representatives, employees or subcontractors and Contractor is free to purchase additional insurance as Contractor may determine is necessary. A. MINIMUM SCOPE AND LIMITS OF INSURANCE: Contractor 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 minimum liability requirements provided that the coverage is written on a “following form” basis. 1. Commercial General Liability – Occurrence Form Policy must include bodily injury, property damage and broad form contractual liability coverage. General Aggregate $2,000,000 Products – Completed Operations Aggregate $1,000,000 Personal and Advertising Injury $1,000,000 Each Occurrence $1,000,000 a. The policy must be endorsed to include the following additional insured language: “The City of Phoenix is named as an additional insured with respect to liability arising out of the activities performed by, or on behalf of Contractor.” 2. Automobile Liability Bodily Injury and Property Damage coverage for any owned, hired, and non-owned vehicles used in the performance of the Contract.




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Combined Single Limit (CSL) $1,000,000 a. The policy must be endorsed to include the following additional insured language: “The City of Phoenix is named as an additional insured with respect to liability arising out of the activities performed by, or on behalf of Contractor, including automobiles owned, leased, hired or borrowed by Contractor.” 3. 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 a. Policy must contain a waiver of subrogation against the City. b. This requirement does not apply when Contractor or subcontractor is exempt under A.R.S. § 23-902(E), AND when Contractor or subcontractor executes the appropriate sole proprietor waiver form. 4. Professional Liability (Errors and Omissions Liability) The policy must cover professional misconduct or lack of ordinary skill for those positions defined in the Scope of Work of this solicitation. Each Claim $1,000,000 Annual Aggregate $1,000,000 a. In the event that the professional liability insurance required by the Contract is written on a claims-made basis, Contractor warrants that any retroactive date under the policy must precede the effective date of the Contract; and that either continuous coverage will be maintained or an extended discovery period will be exercised for a period of two (2) years beginning at the time work under the Contract is completed. B. ADDITIONAL INSURANCE REQUIREMENTS: The policies must include, or be endorsed to include, the following provisions: 1. On insurance policies where the City is named as an additional insured, the City is an additional insured to the full limits of liability purchased by Contractor even if those limits of liability are in excess of those required by the Contract. 2 Contractor’s insurance coverage must be primary insurance and non-contributory with respect to all other available sources. C. NOTICE OF CANCELLATION: For each insurance policy required by the insurance provisions of the Contract, Contractor must provide to the City, within two (2) business days of receipt, a notice if a policy is suspended, voided or cancelled for any reason. The notice must be mailed, emailed, hand-delivered or sent by facsimile transmission to (Aviation Department’s Representative: Jason Gitkin 2485 East Buckeye Road, Phoenix, AZ 85034 ([email protected]). D. ACCEPTABILITY OF INSURERS: Insurance shall 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 minimum insurer rating is sufficient to protect Contractor from potential insurer insolvency.




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E. VERIFICATION OF COVERAGE: Contractor must furnish the City with certificates of insurance (ACORD form or equivalent approved by the City) as required by the 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 shall be received and approved by the City before work commences. Each insurance policy required by the Contract must be in effect at or prior to commencement of work under the Contract and remain in effect for the duration of the project. Failure to maintain the insurance policies as required by the Contract or to provide evidence of renewal is a material breach of contract. All certificates required by the Contract must be sent directly to the Aviation Contract Administrator). The City’s project or Contract number and project description must be noted on the certificate of insurance. The City reserves the right to require complete, certified copies of all insurance policies required by the Contract at any time. DO NOT SEND CERTIFICATES OF INSURANCE TO THE CITY’S RISK MANAGEMENT DIVISION. F. SUBCONTRACTORS: Contractor’s certificate(s) must include all subcontractors as additional insureds under its policies or Contractor must furnish to the City separate certificates and endorsements for each subcontractor. All coverages for subcontractors must be subject to the minimum requirements identified above. G. APPROVAL: Any modification or variation from the insurance requirements in the Contract must be made by the Law Department, whose decision is final. Such action will not require a formal Contract amendment, but may be made by administrative action.

SECTION V – SCOPE OF WORK



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1. INTRODUCTION The City of Phoenix Aviation Department is seeking proposals from qualified individuals and firms to provide domestic and international passenger Customer Data Collection services at Phoenix Sky Harbor International Airport (PHX), Phoenix Deer Valley Airport (DVT), and Phoenix Goodyear Airport (GYR) on an as-needed basis. The successful Proposer shall develop, administer, tabulate and analyze the results of passenger feedback for the Aviation Department. PHX is the City’s major commercial hub airport with three terminals serving more than 44 million passengers annually. Every day, approximately 1,200 aircraft and more than 120,000 passengers arrive and depart at PHX, making it one of the busiest airports in the United States. PHX is served by 16 airlines that provide air service to more than 100 destinations, including 20 international cities. The Aviation Department’s overall goal is to increase air service, maximize revenue opportunities and improve service delivery to PHX customers. The purpose of the Customer Data Collection services is to conduct scientific, comprehensive surveys of airport customers to obtain information on demographics, travel patterns, business versus leisure travelers, desired nonstop destinations and other information that will guide the Aviation Department in making strategic business decisions. The compiled data will provide statistical information that will allow Aviation Department managers to plan for the future and implement services and amenities that customers desire and will use. PHX customer data will be collected by surveying customers waiting in PHX’s post-security airline gate areas and any other locations the Aviation Department requests, including the City’s two general aviation airports, DVT and GYR, depending upon need. The successful Proposer shall also draft surveys with Aviation Department staff input and prepare a report with survey findings, data analysis, and recommendations for improvements. The successful Proposer shall also conduct various surveys on an on-call basis, as needed and will be capable of and available to conduct phone surveys and social media analysis as needed. Any Proposer that currently contracts with the City must be in good standing for its proposal to be considered responsive. For the purpose of this RFP, good standing means compliance with all contractual provisions, including payment of financial obligations.

2. SCOPE OF SERVICES

Contractor must conduct detailed Customer Service Data Collection Services, on an as-needed basis in specified areas of PHX, DVT, and GYR. Contractor is expected to have the manpower and data collection and analytical skills to collect, provide, and analyze unbiased and non-editorialized data. Contractor shall visit Phoenix, DVT, and GYR and other locations and engage airport customers in all airport terminals, PHX Sky Train stations, Rental Car Center, and parking facilities to examine a comprehensive range of airport areas, as determined the Aviation Department. Contractor must be available to conduct phone surveys and social media analysis on an as-needed basis.




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Information and data collected by Contractor shall be the property of the City and may not be disclosed to outside parties. Examples of the types of data needed include: • Double connecting passengers, not captured in official air service data • Customer service priorities • Data on business versus leisure travelers • Passenger spending habits • Passenger demographics • skyharbor.com website and social media networks usage as follows:

□ With a goal of better understanding our online and social media audience, the City is seeking the ability to analyze web and social media usage and audience information. Also, it is critical to listen to and analyze conversation across social media networks with the focus on spotting trends and understanding how this audience interacts with PHX, DVT, and GYR.

Major components of the Customer Service Data Collection include:

• Determining the appropriate survey sample size to ensure statistical relevancy.

• Conducting a pretest of the survey, as needed.

• The ability to administer surveys during peak travel seasons, in post-security locations in

all terminals, and in proportion to the terminal’s passenger traffic. Surveys shall be

conducted each day of the week between 6:00 a.m. and 11:00 p.m. Phoenix time.

Interview times are subject to Aviation Department approval.

• Developing the appropriate survey instrument to collect demographics; international travel

patterns, including reasons for travel, type of ticket purchased, where passengers are

arriving from and to where they are going to, final destination, and type of accommodations

in Phoenix and other local destination; experiences, awareness, and perceptions of airport

amenities, services, and facilities (see details below); and suggestions for improving airport

amenities, services, and facilities. Final customer feedback questions will be reviewed by

the Aviation Department.

3. DELIVERABLES AND REPORTING Contractor shall provide a work plan and schedule to complete the required services as it relates to the assignments given to it by the Aviation Department. After completion of the data collection, Contractor shall submit a comprehensive report with data and customer feedback analysis. Data shall be concise and in a format approved by the Aviation Department. Data submitted by Contractor will be rejected if it:

A. Is Incomplete B. Is not in the proper format C. Is duplicate D. Contains incorrect data E. Does not meet Scope of Work requirements




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The City may perform random audits to ensure that the data being collected is accurate. If the Aviation Department determines that an assignment contains forged, manipulated or falsified data, then Contractor shall reimburse the City for all costs associated with the assignment.

Within thirty (30) days of completing each survey or assignment, Contractor shall submit a

comprehensive report with data and customer feedback analysis supported by

recommendations for improvements. The report and database shall be provided to the Aviation

Department in electronic format (Microsoft Word, Excel, and Adobe PDF) and, upon request,

in a bound, printed format. The report shall include tabulated data for the current survey as

well as cumulative tabulations for all previous surveys administered under the Contract. The

methodology shall focus largely on passenger intercept interviews. Other ways in which data

collection may be requested include email surveys, social media network analysis or surveys,

phone surveys, focus groups, and mass mailings.

Contractor shall present survey results to the Aviation Department and the Phoenix Aviation

Advisory Board or Phoenix City Council, as requested.

4. CONTRACTOR REQUIREMENTS

Contractor shall demonstrate it can provide qualified personnel that will meet the following criteria:

A. Be task oriented B. Ability to multitask in a public environment C. Be professional D. Be honest E. Be flexible F. Ability to communicate well with the general public

If the Aviation Department deems that any Contractor personnel do not meet the foregoing criteria, then the Aviation Department, at its sole discretion, may request that designated personnel not work on Scope of Work related services. Contractor shall have bilingual staff available to administer and conduct surveys in English and Spanish.

5. CONTRACTOR RESPONSIBILITIES A. Contractor’s interview staff, which will conduct the surveys, shall comply with all

Aviation Department security procedures, including those pertaining to security badges

and access to the Restricted Areas.

B. Contractor shall immediately inform the Aviation Department and Contract

Administrator of any issues or concerns that arise while performing the Scope of Work

and required services.

C. Contractor shall be responsible for the technology hardware (i.e. tablets, personal

devices, laptops), software, and associated technology support while performing the

Scope of Work and required services.




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D. All travel and associated costs are included in Section VI, Submittal.

E. Contractor shall not form a bias opinion so that the observations or data collected are

skewed during the data collection and analyses process.

F. Contractor shall ensure the quality and integrity of the data collected.

G. Contractor is responsible for its staff’s dress code. Contractor’s staff must maintain a

business casual attire while performing the Scope of Work and required services and

conducting any assignments on the airports. Contractor-branded material requires

prior written consent from the Aviation Department before it can being used.

SECTION VI – SUBMITTAL



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Company Name___________________________________________________________

Solicitation Due Date: Friday, February 24, 2017 at @ 2:00PM Local AZ Time


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Proposer shall submit one original, seven (7) copies, and one (1) electronic copy (CD or flash drive) of this Submittal, Section VI. Please submit only Section VI and all other required documents; do not submit a copy of the entire Solicitation. Proposer’s proposal shall remain in effect for a period of one hundred twenty (120) calendar days from the Solicitation opening date and is irrevocable unless it is in the City’s best interest to revoke it.

1. ALL OR NONE BID PRICE SCHEDULE AND DELIVERY SCHEDULE

Note: Prices offered shall not include applicable state and local taxes. The City will pay all applicable taxes. For the purposes of determining the lowest cost, the City will not take taxes into consideration. Taxes must be listed as a separate item on all invoices.

Contractor shall provide all labor, data analysis, processing, reporting, travel and transportation, overhead, handling, profit, all associated costs and other items necessary to perform the Scope of Work and required services set forth herein.

Item No.

Description

Estimated

Annual Quantity

Proposed Rate Excluding Tax

Total Price Excluding

Tax

1.

In -Person Passenger Intercept Survey Fee (Price is based on a 15-minute passenger intercept survey, conducted in three different time periods with a sample size of 400)

3 Surveys $ __________ / Each $

2.

Telephone Survey Fee (Price based on a 15-minute long telephone survey, conducted in three different time periods with a sample size of 400)

1 Survey $ __________ / Each $

Grand Total – All or None $

OPTIONAL ANCILLARY SERVICES Contractor may be requested to provide additional services associated with the Customer Data Collection agreement. Prior to the incurring of any billable expenses, Contractor shall present the anticipated total cost to the City of Phoenix (City) representative and obtain the representative’s approval.

Item No.

Description

Estimated

Annual Quantity

Proposed Rate Excluding Tax

Total Price Excluding

Tax

3. Analysis of Airport social media platforms, including research on engagement and sentiment

1 Survey $ __________ / Each $




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2. PAYMENT TERMS

Contractor hereby offers a prompt payment discount of _______% _______ days to apply after receipt of invoice or final acceptance of the products, whichever is later. If no prompt payment discount is offered, then enter 0 in the % space to indicate net 30 days, otherwise payment terms shall be two percent (2%) twenty (20) days, net thirty (30) days, effective after receipt of invoice or final acceptance of the products, whichever is later. Payment terms offering less than twenty (20) days will not be considered in the price evaluation of the proposal. Any prompt payment terms must be clearly noted by Contractor on all invoices submitted to the City for the payment of goods or services.

3. TWENTY-FOUR (24) HOUR SERVICE CONTACT Name Telephone Number Alternate Contact Telephone Number

4. CUSTOMER DATA COLLECTION WORK SAMPLE Proposer shall provide customer data collection work sample from each Reference for work completed within the last three years. Customer Data Collection work samples included in Proposal: Yes:_____ No:_____




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OFFER

TO THE CITY OF PHOENIX: The undersigned Proposer hereby offers and agrees to furnish the material and or services in compliance with all terms, conditions, specifications, and addenda issued as a result of this Solicitation and any written exceptions in the offer.

Arizona Sales Tax No.

Use Tax No. for Out-of-State Suppliers

City of Phoenix Sales Tax No.

Taxpayer’s Federal Identification No.: If recommended for Contract award, Proposer shall provide its federal taxpayer identification number or, as applicable, its social security number to the City for purposes of reporting to the appropriate taxing authorities monies paid by the City under the Contract. If Proposer provides its social security number, the City will only share it with appropriate state and federal officials. This submission is mandatory under 26 U.S.C. § 6041(A).

PROPOSER MUST BE IN COMPLIANCE AT THE TIME OF AWARD

Enter City’s Registration System ID Number

Located at City’s eProcurement website (see SECTION I – INSTRUCTIONS - CITY’S REGISTRATION)

Proposer has read, understands, and will fully and faithfully comply with this Solicitation, its attachments and any referenced documents. Proposer certifies that the prices offered were independently developed without consultation with any other Proposer or potential Proposer.

Authorized Signature Date

Printed Name and Title

Company’s Registered Name

Address

City, State and Zip Code

Telephone Number

Fax Number

Company’s Toll Free Telephone Number

Email Address




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ACCEPTANCE OF OFFER

The Offer is hereby accepted. Contractor is now bound to sell the materials or services listed by the Contract and based on this Solicitation, including all terms, conditions, specifications, and amendments, and Contractor’s Offer is accepted by the City. The Contract shall be referred to as Contract No. . Contractor shall not commence any billable work or provide any materials or services under the Contract until Contractor receives purchase order or Contract documentation from the City.

City Clerk Approved as to form this 19 day of November, 2014

This document has been approved as to form by the City Attorney and is on file with the City Clerk. It need not be submitted to the City Attorney for approval unless the form document is altered.

CITY OF PHOENIX, a municipal corporation Ed Zuercher, City Manager

Charlene Reynolds, Deputy Aviation Director

Awarded this ______ day of _____________, 2017.

SECTION VII – ATTACHMENTS



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ATTACHMENT A SUPPLEMENTAL TERMS AND CONDITIONS TO ALL AIRPORT AGREEMENTS

A. Definitions

1. "Airport" means Phoenix Sky Harbor International Airport, Phoenix Deer Valley Airport and/or Phoenix Goodyear Airport, in accordance with the context of the contract.

2. "Contract" includes any and all City of Phoenix Aviation Department contracts,

subcontracts, agreements, leases, subleases, licenses, permits, concessions or other documents, however denominated that grant or convey a right or privilege on an Airport, and to which this Exhibit is annexed and made a part thereof.

3. "Contractor" means every lessee, sublessee, licensee, permittee, concessionaire or other

person, firm or corporation exercising a right or privilege on an airport pursuant to a contract, and includes Contractor's heirs, personal representatives, successors-in-interest and assigns.

4. "Premises" means the leasehold or site occupied by Contractor pursuant to the lease,

license or permit that is the subject of this Contract. B. Assurances

1. Contractor shall furnish its services on a fair, equal and not unjustly discriminatory basis to all users of the Airport.

2. Contractor shall charge fair, reasonable and not unjustly discriminatory prices for each unit

or services; provided that, Contractor may be allowed to make reasonable and non-discriminatory discounts, rebates or other similar types of price reductions to volume purchasers. Non-compliance with this requirement shall be a material breach of this Contract for which the City of Phoenix shall have the right to terminate this Contract and any estate created herewith, without liability therefor; or, at the election of the City of Phoenix or the United States, either or both of said Governments shall have the right to judicially enforce said requirement.

3. Contractor warrants that no person shall, on the grounds of race, creed, color, national

origin, sex, age or disability, be excluded from participating in any activity conducted on or from the Premises, or otherwise be excluded from the benefits offered by Contractor to the general public. Contractor further warrants that it will comply with all pertinent statutes, Executive Orders, and rules promulgated thereunder, to assure that no person is excluded on the grounds of race, creed, color, national origin, sex, age, or disability, including, without limitation, Section 504 of the Rehabilitation Act of 1973, and the Americans with Disabilities Act of 1990.

4. As a part of the consideration for this Contract, Contractor does hereby covenant and agree

that in the event facilities are constructed, maintained, or otherwise operated on the Premises for a purpose for which a DOT program or activity is extended for another




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purpose involving the provision of similar services or benefits, Contractor shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to Code of Federal Regulations, Title 49, DOT, Subtitle A, Office of the Secretary of Transportation, Part 21-Nondiscrimination in Federally-Assisted Programs of the Department of Transportation--Effectuation of Title VI of the Civil Rights Act of 1964, as said regulations exist and may be amended from time-to-time.

If this Contract is a lease, then this Covenant is hereby made a covenant running with the land for the term of the lease, and is judicially enforceable by the United States.

5. As a part of the consideration of the Contract, Contractor does hereby covenant and agree

that: (1) no person on the grounds of race, color or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities; (2) in the construction of any improvements on, over or under such Premises and the furnishing of services thereon, no person on the grounds of race, color or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination; and that the contractor shall use the Premises in accordance with all other requirements imposed pursuant to 49 C.F.R. Part 21, as it may be amended.

If this Contract is a lease, then this Covenant is hereby made a covenant running with the land for the term of the lease, and is judicially enforceable by the United States.

6. The foregoing discrimination covenants are a material part of this Contract and for breach

thereof the City of Phoenix shall have the right to terminate this Contract and to reenter and repossess the Premises and facilities thereon, and hold the same as if said Contract had never been made. This provision does not become effective until the procedures of 49 CFR Part 21 are followed and completed, including expiration of appeal rights.

7. Contractor agrees to insert the foregoing six provisions in any contract by which Contractor

grants a right or privilege to any person, firm or corporation to render accommodations and/or services to the public on or from the Premises.

8. Contractor agrees that it will undertake an affirmative action plan in conformance with 14

CFR Part 152, Subpart E, to insure that no person shall on the grounds of race, creed, color, national origin or sex be excluded from participating in any employment, contracting or leasing activities covered in 14 CFR Part 152, Subpart E. Contractor assures that no person will be excluded on such grounds from participating in or receiving the services or benefits of any program or activity covered by Subpart E. Contractor further agrees that it will require its covered suborganizations to provide assurances to Contractor that they similarly will undertake affirmative action programs and that they will require like assurances from their suborganizations, as required by 14 CFR Part 152, Subpart E.

9. City of Phoenix reserves the right to further develop, improve, repair and alter the Airport

and all roadways, parking areas, terminal facilities, landing areas and taxiways as it may reasonably see fit, free from any and all liability to Contractor for loss of business or




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damages of any nature whatsoever to Contractor occasioned during the making of such improvements, repairs, alterations and additions.

10. The City of Phoenix reserves the right, but is in no way obligated to Contractor, to maintain

and keep in repair the landing area of the Airport and all publicly owned facilities of the Airport, together with the right to direct and control all activities of Contractor in this regard.

11. Contractor acknowledges that this Contract is subordinate to any existing or future

agreement between the City of Phoenix and the United States concerning the development, operation or maintenance of the Airport. In the event that FAA or its successors require modifications or changes in the Contract as a condition to the obtaining of funds for improvements at the Airport or as a requirement of any prior grants, Contractor hereby consents to any and all such modifications and changes as may be reasonably required and agrees that it will adopt any such modifications or changes as part of this Contract.

12. The Contract is subordinate to the reserved right of the City of Phoenix, its successors and

assigns, to occupy and use for the benefit of the public the airspace above the Premises for the right of flight for the passage of aircraft. This public right of flight shall include the right to cause in said airspace any noise inherent in the operation of any aircraft through said airspace or in landing at or taking off from, or operation on an Airport.

13. Contractor agrees to comply with the notification and review requirements as required by

Title 14 of the Code of Federal Regulations, 14 CFR Part 77- Objects Affecting Navigable Airspace, in the event future construction of a structure is planned for the Premises, or in the event of a planned modification of a structure on the Premises. Contractor shall submit the required FAA Form 7460-1— Notice of Proposed Construction or Alteration—and provide documentation showing compliance with the federal requirements. Once the FAA has completed the aeronautical study, Contractor shall provide to the City of Phoenix the FAA determination letter on proposed construction and any impact to air navigation. Contractor covenants for itself, its successors and assigns that it will not erect or permit the erection of any structure or permit the growth of any tree, on the Premises above the mean sea level elevation for: (1) Phoenix Sky Harbor International Airport, 1,133 feet; (2) Phoenix Goodyear Airport, 968 feet; (3) Phoenix Deer Valley Airport, 1,476 feet. As a remedy for the breach of said covenant the City of Phoenix reserves the right to enter upon the Premises and remove the offending structure or cut the offending tree, all at the expense of Contractor.

14. Contractor, by accepting this Contract, covenants for itself, its successors and assigns that

no use will be made of the Premises that might in any manner interfere with the landing and taking off of aircraft from the Airport, or otherwise constitute a hazard to air navigation. As a remedy for the breach of said covenant the City of Phoenix reserves the right to enter upon the Premises and cause the abatement of such interference, all at the expense of Contractor.

15. Contractor acknowledges that nothing contained in this Contract shall be construed to grant

or authorize the granting of an exclusive right within the meaning of 49 U.S.C. §40103(e).




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16. This Contract and all the provisions hereof are subordinate to whatever rights the United

States now has or in the future may acquire affecting the control, operation, regulation and taking-over of the Airport, or the exclusive or non-exclusive use of the Airport by the United States during a time of war or national emergency.

17. If the Contract involves construction, the contractor shall carry out the project in accordance

with FAA airport design, construction and equipment standards and specifications current on the date of project approval.

18. Contractor is encouraged to use fuel and energy conservation practices.

C. City of Phoenix Equal Employment Opportunity Requirement

1. If Contractor is by this Contract a supplier to, or lessee of, the City, then the requirements of the Phoenix City Code, Chapter 18, Article V applies, including the agreement that:

“Any supplier/lessee in performing under this contract 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 supplier and/or lessee shall 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 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.”

Supplier/lessee further agrees that this clause will be incorporated in all subcontracts, job-consultant agreements or subleases of this agreement entered into by supplier/lessee. If the supplier/lessee employs more than thirty-five employees, the following language shall be included as the last paragraph to the clause above:

“The supplier/lessee 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




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applicants are employed, and employees are dealt with during employment without regard to their sexual orientation or gender identity or expression.”

2. Documentation. Suppliers and lessees may be required to provide additional

documentation to the Equal Opportunity Department affirming that a nondiscriminatory policy is being utilized.

3. 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.

D. Immigration Reform and Control Act of 1986 (IRCA)

Contractor understands and acknowledges the applicability of the IRCA to it. Contractor agrees to comply with the provisions of IRCA as it applies to its activities under this Contract and to permit the City of Phoenix to inspect its personnel records to verify such compliance.

E. Conflict of Interest

Contractor acknowledges that the terms and conditions of Arizona Revised Statutes (A.R.S.) § 38-511 are incorporated into this Contract.

F. Legal Worker Requirements The City is prohibited by A.R.S. § 41-4401 from awarding an agreement to any contractor who fails,

or whose subcontractors fail, to comply with A.R.S. § 23-214(A). Therefore, Contractor agrees that:

1. 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 § 23-214, subsection A.

2. A breach of warranty under paragraph 1 shall be deemed a material breach of the

Agreement and is subject to penalties up to and including termination of the Agreement.

3. The City retains the legal right to inspect the papers of the Contractor or subcontractor employee(s) who work(s) on this Agreement to ensure that Contractor or subcontractor is complying with the warranty under paragraph 1.

1245528 Rev. 07/19/16

SOLICITATION CONFLICT AND TRANSPARENCY DISCLOSURE FORM

All questions must be answered or your proposal will be deemed non-responsive.

1. Name of person submitting this disclosure form. First: M.I. Last: Suffix: 2. Contract information. a) Solicitation number and/or Name: 3. Name of individual(s) or entity(ies) seeking a contract with the City (i.e. parties to the contract).

4. List any individual(s) or entity(ies) that is a partner, parent, joint venture, or subsidiary entity(ies) of the individual or entity listed in Question 3.

Not applicable. Contracting party(ies) does not have partner, parent, joint venture, or subsidiary

entities.

Names of partner, parent, joint venture or subsidiary entities, and all board members, executive committee members, and officers of each entity:

5. List any individuals or entities that will be subcontractors on this contract.

Not applicable. No subcontracts will be retained for this contract. Subcontractors may be retained, but have not been selected at the time of this submission. List of subcontracts, including the name of the owner(s), and business name:

6. List any attorneys, lobbyist, or consultants retained by any individuals listed in Question 3, 4, or 5 to assist in seeking this contract.

Not applicable. No attorneys, lobbyists, or consultants have been retained to assist in seeking this

contract.

List of attorneys, lobbyist, or consultants retained to assist in seeking this contract: 7. Disclosure of conflict of interest. Are you aware of any fact(s) with regard to this contract that would raise a “conflict of interest” issue under § 43-34 of the City Code or A.R.S. § 38-501, et. seq.?

I am not aware of any conflict(s) of interest under § 43-34 of the City Code.

I am aware of the following conflict(s) of interest:

Notice Regarding Prohibited Interest in Contracts. Please be aware, State Law and the City’s Charter and Code prohibits public officers or employees as well as their close relatives and any businesses they or their relatives own from (1) representing any person or business for compensation or (2) doing business with the City by any means than through a formal procurement; or (3) doing business with the City without disclosing the interest. The prohibition extends to subcontracts on City contracts, and would also apply to parent, subsidiary or partner businesses owned by the member of the board or commission and their family. A.R.S. §§ 38-501, et. seq., for more information (City Charter, Chapter 11, Section 1 applies the state law for conflict of interest to city employees). Please note that any contract in place at the time the applicant becomes a City officer may remain in effect, but cannot be amended, extended, modified, or changed in any manner during the officer’s City service.

Acknowledgements 1. Solicitation Transparency Policy - No Contact with City Officials or Staff during Contract

Evaluation

I understand that a person or entity who seeks or applies for a City contract or any other person acting on behalf of that person or entity is prohibited from contacting city officials and employees regarding the contract after a Request for Proposal (RFP), Request for Qualification (RFQ), or other solicitation has been released. This no-contact provision shall conclude when the contract is awarded at a City Council meeting. If a contact is required with City official or employees, then the contact will take place in accordance with procedures by the City. Violation of this prohibited contacts provision set out in Section 43-34 & 43-36 of the City Code by respondents, or their agents, may lead to disqualification.

Oath

I affirm that the statements contained in this form, including any attachments, to the best of my

knowledge and belief are true, correct, and complete. Your Name: Title: Signature: Company Name or DBA: Date:

Modified: 08/2016 (jmk)