request for proposal (“rfp”) (professional services) arts ... · request for proposal...

CITY OF PHOENIX

OFFICE OF ARTS AND CULTURE

REQUEST FOR PROPOSAL (“RFP”) (Professional Services)

ARTS-17-RFP

Requested Service: CONSULTANT SERVICES FOR CAPITAL NEEDS

ASSESSMENT AND FEASIBILITY STUDY

Proposal due Date and Time: MONDAY, AUGUST 29, 2016 5:00 p.m. (local Arizona time)

Proposal Submittal Location: Office of Arts and Culture, 200 W. Washington St., 10th Floor, Phoenix, AZ 85003

CONTRACT REPRESENTATIVE Name: Romeo R. Rabusa Title: Administrative Assistant II E-mail Address: [email protected] Phone Number: 602-534-8334

TABLE OF CONTENTS

i 822721 – RFP Template

Revised: 11/7/13 (SP)

I. PROJECT DESCRIPTION ...................................................................................... 1

A. REQUIREMENTS SPECIFIC TO EVALUATION CRITERIA: ....................... 1 B. SCHEDULE OF EVENTS: ............................................................................ 1

II. TRANSPARENCY POLICY .................................................................................... 2

III. SCOPE OF WORK .................................................................................................. 5

A. INTRODUCTION (Short Introduction): .......................................................... 5 B. SCOPE OF WORK: ...................................................................................... 5

1. Phase I - Needs Assessment………………………………………………3 2. Phase II - Management/Business Plan and Financial Pro Forma…….. 4

3. Deliverables………………………………………………………………….5

IV. INSTRUCTIONS TO PROPOSERS ........................................................................ 6

A. INTRODUCTION: ......................................................................................... 6 B. PROPOSER INQUIRIES: ............................................................................. 6

C. FAMILIARIZATION OF SCOPE OF WORK: ................................................. 6 D. PROPOSAL FORMAT: ................................................................................. 6

E. PUBLIC RECORD: ....................................................................................... 8 F. CONFIDENTIAL INFORMATION: ................................................................ 8 G. SUBMISSION OF PROPOSAL: .................................................................... 9

H. COMPLIANCE WITH EQUAL EMPLOYMENT OPPORTUNITY: ................. 9 I. OFFER AND ACCEPTANCE PERIOD: ........................................................ 9

J. CITY’S RIGHT TO DISQUALIFY FOR CONFLICT OF INTEREST: ............. 9

K. AWARD: ....................................................................................................... 9

L. EMPLOYEE IDENTIFICATION: .................................................................... 9

V. EVALUATION REQUIREMENTS ......................................................................... 11

A. EVALUATION CRITERIA AND FORMAT: .................................................. 11 B. INTERVIEWS: ............................................................................................ 11

VI. PROTEST PROCESS ........................................................................................... 13

VII. SPECIAL TERMS AND CONDITIONS ................................................................. 14

A. INDEMNIFICATION: ................................................................................... 14 B. INSURANCE REQUIREMENTS: ................................................................ 14

1. Minimum Scope and Limits Of Insurance: ........................................ 15 a. Commercial General Liability – Occurrence Form ..................... 15

b. Automobile Liability…..……………………………………………15 c. Worker's Compensation and Employers' Liability ...................... 15 d. Professional Liability (Errors and Omissions Liability) ................ 16

2. Additional Insurance Requirements: ................................................ 16 3. Notice of Cancellation: ..................................................................... 16 4. Acceptability of Insurers: .................................................................. 16 5. Verification of Coverage: .................................................................. 17 6. Subconsultants:................................................................................ 17

7. Approval………………………………………...………………………17

TABLE OF CONTENTS

ii 822721 – RFP Template


C. WORKER BACKGROUND SCREENING: .................................................. 18 K. BADGE ACCESS REQUIREMENTS: ......................................................... 18

VIII STANDARD TERMS AND CONDITIONS ............................................................. 19

A. EMPLOYER DISCLAIMER ......................................................................... 19

B. CONFLICT OF INTEREST: ........................................................................ 19 C. CONTRACT CANCELLATION……………………………………………….19

D. DATA CONFIDENTIALITY: ........................................................................ 19 E. LEGAL WORKER REQUIREMENTS ......................................................... 19 F. LAWFUL PRESENCE REQUIREMENT ..................................................... 20

G. RISK OF LOSS AND LIABILITY ................................................................. 20

IX. PROPOSER OFFER and SUBMITTAL (COMPLETE AND RETURN) ................ 21

A. OFFER AND ACCEPTANCE: ..................................................................... 21 B. SOLICITATION RESPONSE CHECK LIST (NOT NECESSARY TO

RETURN CHECKLIST WITH OFFER) (For Proposer’s Use Only): ........... 23

II – SOLICITATION TRANSPARENCY

3 822721 – RFP Template


I. INTRODUCTION

The Phoenix Office of Arts and Culture is seeking a qualified consultant to conduct a capital needs assessment and feasibility study that will inform the development of a Latino cultural institution in the City of Phoenix. Through the 2001 City Bond program, $1,376,000 in funding was made available for the renovation and expansion of a facility operated by a museum that has since gone out of business. The purpose of the bond funding was to “increase capacity to present exhibitions and programs that help serve the organization’s mission to promote knowledge and appreciation of the cultures of Latinos.” This funding has been held to benefit/capitalize pan-Latino artistic communities and cultural expressions through a new capital project.

The Phoenix Office of Arts and Culture desires to secure the services of a

qualified consultant to conduct a capital needs assessment and feasibility study, including a management/business plan and evaluation of potential tie-ins with other cultural resources.

The Scope of Work is set forth in detail in Section III of this RFP.

A. REQUIREMENTS SPECIFIC TO EVALUATION CRITERIA:

Proposals shall be evaluated on qualifications, experience and method of approach with total available points of 1000. For this solicitation, the contract representative is: Romeo Rabusa, Administrative Assistant II, [email protected], 602-534-8334. This solicitation is available in large print, Braille, audio tape, or computer diskette. Please call (602) 262-5054/Fax (602) 534-2311 or TTY (602) 534-5500 for assistance.

B. SCHEDULE OF EVENTS:

August 29, 2016 Submittal Deadline 5:00 PM (local Arizona time) August 31, 2016 Selection panel recommends finalists for the project. September 7, 2016 Selection panel will interview finalists (if applicable) September 28, 2016 City Council Sub-committee presentation October 19, 2016 Full City Council approval and award of contract November 16, 2016 Scope/Kickoff Meeting June 2, 2017 Project completion

mailto:[email protected]

II – SOLICITATION TRANSPARENCY



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

Beginning on the date the Request for Proposals (hereinafter referred to as “RFP”) is issued and until the date a contract is awarded or the RFP withdrawn, all persons or entities that respond to this RFP for the services outlined below, including their employees, agents, representatives, proposed partner(s), subconsultant(s), joint venture(s), member(s), or any of their lobbyists or attorneys, (collectively, the “Respondent”) will refrain from any direct or indirect contact with any person (other than the designated procurement officer) who may play a part in the selection process, including members of the evaluation panel, Phoenix Arts and Culture Commission, the City Manager, Assistant City Manager, Deputy City Managers, department heads, the Mayor and other members of the Phoenix City Council. As long as the solicitation is not discussed, Proposers may continue to conduct business with the City and discuss business that is unrelated to the solicitation with the City staff. Respondents may discuss their proposal or this RFP with the Mayor or one or more members of the Phoenix City Council, provided such meetings are scheduled through the Office of Arts and Culture’s Administrative Assistant II, conducted in person at 200 West Washington, Phoenix, Arizona 85003, 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, and invite the public to participate. The Administrative Assistant II may be reached at 602-534-8334. With respect to the selection of the successful Respondents, 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 Respondents. This policy is intended to create a level playing field for all Respondents, assure that contracts are awarded in public, and protect the integrity of the selection process. RESPONDENTS THAT VIOLATE THIS POLICY SHALL BE DISQUALIFIED.

III – SCOPE OF WORK



III. SCOPE OF WORK A. INTRODUCTION:

The Phoenix Office of Arts and Culture desires to secure the services of a qualified consultant to conduct a capital needs assessment and feasibility study for a Latino Cultural Center, including a management/business plan and evaluation of potential tie-ins with other cultural resources.

B. SCOPE OF WORK:

Proposals should be submitted based on the following phases: Phase I – Needs Assessment; Phase II – Management/Business Plan and Financial Pro Forma. Phase I – Needs Assessment

1. Review existing community archives, assets, studies, reports and strategic plans

2. Phoenix Market Analysis

a. Conduct a demographic and market analysis of the Phoenix area. b. Conduct an economic and social impact analysis of the market.

c. Assess the use of current cultural facilities, their approximate

functionality and their locations, including formal and informal networks, organizations and groups without a permanent facility.

d. Research and assess history and status of Latino oriented cultural

centers/facilities and identify distinctiveness of Latino community in Phoenix

e. Analyze impact of a cultural resource to promote knowledge and

appreciation of pan-Latino arts and cultures.

f. Identify potential users, including artists and cultural workers, arts and culture organizations, artists, community and educational groups, families, and audiences.

3. Current Trends and Impact Analysis in Other Communities




a. Assess current trends and future projections in cultural resources including industry definitions, industry growth/decline, trends and analysis.

b. Review existing cultural facilities in the Western region, including

present and future bookings to understand market absorption, maximum practical capacity and gaps in services and their impact on existing cultural facilities in their communities.

c. Produce business reports that include factors such as level of

support amenities, location, space availability, etc., and their impact on existing facilities and organizations.

4. Community Engagement

a. Conduct a minimum of two events (in Spanish and English) to encourage public input.

b. Conduct online surveys and utilize social media in conjunction with

the Office of Arts and Culture.

c. Meet with community stakeholders, including an advisory committee formed to inform and guide the consultation process.

d. Analyze and report on data collected.

5. Facility and Site Assessment

a. Identify technical and industry requirements for type of facility to include such data as square footage of gallery space, classrooms, number of theatre seats, etc.

b. Develop site selection criteria to be used in future site selection.

Phase II – Management/Business Plan and Financial Pro Forma 1. Operational Analysis

a. Develop a business pro forma that includes projected capital and operating costs as well as revenue projections.

b. Propose recommendations on management structure.




c. Provide impact analysis on existing organizations.

d. Provide a minimum of three case studies of comparable facilities in like-size communities.

2. Financial Analysis

a. Develop initial fundraising plan, including public and private investments and funding.

b. Identify existing and new revenue streams to support the project.

c. Propose marketing strategy.

3. Community Engagement

a. Conduct a minimum of two community events to encourage public input.

b. Continue to meet with stakeholders, as necessary.

c. Analyze and report on data collected.

Deliverables

1. Provide a project work plan. 2. Monthly status updates to Project Manager and Advisory Committee.

3. Summary analysis of community engagement forums (public and

stakeholders).

4. Executive Summary.

5. Comprehensive Study.

6. One day presentation on site of final study to Arts and Culture Commission and City Council.

IV – INSTRUCTIONS TO PROPOSERS



IV. INSTRUCTIONS TO PROPOSERS A. INTRODUCTION:

A response to this solicitation is an offer to contract with the City based upon the terms, conditions, and specifications contained in the City’s solicitation. Such a proposal does not become a contract until it is executed by the Office of Arts and Culture Executive Director. For this solicitation, the Project Manager is Romeo Rabusa, Administrative Assistant II, [email protected], 602-534-8334. This solicitation is available in large print, Braille, audio tape, or computer diskette. Please call (602) 262-5054/Fax (602) 534-2311 or TTY (602) 534-5500 for assistance.

B. PROPOSER INQUIRIES: All questions that arise relating to this RFP shall be directed in writing to the Department contract representative designated in the Introduction to this RFP: Romeo Rabusa, Administrative Assistant II, [email protected], 602-534-8334.

C. FAMILIARIZATION OF SCOPE OF WORK: It is the responsibility of all proposers 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 due date and time. The proposer shall be responsible for fully understanding the requirements of the subsequent contract and otherwise satisfy itself as to the expense and difficulties accompanying the fulfillment of the contract requirements. The submission of a proposal will constitute a representation of compliance by the offeror. There will be no subsequent financial adjustment, other than that provided by the subsequent contract, for lack of such familiarization.

D. PROPOSAL FORMAT:

The written proposal shall be signed by an individual authorized to bind the proposer. The proposal shall provide the name, title, address and telephone number of individuals with authority to contractually bind the proposer and who






may be contacted during the period of the contract. To be considered for this opportunity, proposer must submit the following:

1. Cover Letter: Provide a one-page cover letter which includes proposer firm name, address, phone number and email address.

2. Company Profile: Specify experience working on similar projects.

3. Methodology: Description of how the proposer will meet the scope of

work outlined in the RFP

4. Schedule: Projected schedule for meeting project deadline of June 2, 2017

5. Resumes: Resumes of individuals working on the project (content shall be

included within the permitted maximum page limit).

6. Fees: All-inclusive fees broken out for Phase I, Phase II and per-trip consultation beyond phases defined in RFP

7. References: Minimum of three, maximum of five, with full contact

information and brief summary of the project conducted for the reference

8. Proof of Insurance

9. Study: Copy of similar study conducted by proposer

10. Submittals:

Clearly display the proposer name, and project title on the cover of the RFP and submittal package.

Submittals must be placed in the area on the 10th Floor of Phoenix City Hall by the submittal due date/time.

All submittals must be addressed to:

Gail Browne City of Phoenix Office of Arts and Culture 200 West Washington Street, 10th Floor

Phoenix, AZ 85003-1611 c/o Project Manager




Provide five (5) copies of the proposal.

A maximum of 12 pages is permitted to address all content in the RFP submittal. (Maximum page limit includes evaluation criteria and all additional content. It does not include cover letter.)

Submit the proposals by 5:00 p.m, local time, on MONDAY, AUGUST 29, 2016.

Paper size shall be 8½” x 11.”

Font size may not be less than 10 point.

Each side of a page containing evaluation criteria and additional content will be counted toward the maximum page limit noted above.

Pages that have project photos, charts and/or graphs will be counted toward the maximum page limit noted above.

Front and back covers, cover letter, Table of Contents pages, and divider (tab) pages will NOT be counted toward the maximum page limit noted above, unless they include evaluation criteria and additional content that could be considered by the selection panel. Note: All pages exceeding the specified maximum page limit will be removed from the submittal and not considered in evaluating a submitted proposal.

E. PUBLIC RECORD:

All proposals submitted in response to the RFP shall become the property of the City and shall become a matter of public record available for review pursuant to Arizona state law after the award notification.

F. CONFIDENTIAL INFORMATION: The City of Phoenix will abide by all public information laws. If a proposer believes that a specific section of its proposal is confidential, the proposer shall mark each page of the proposal the proposer believes is confidential as “confidential” and place the marked pages in a sealed envelope clearly labeled as “confidential information” related to its proposal. The proposer shall include a written basis for considering the marked pages confidential including the specific




harm or prejudice if disclosed and the City will review the material and make a determination.

G. SUBMISSION OF PROPOSAL: Proposals must be in the actual possession of the City at the designated location, on or prior to, the exact time and date indicated in the Schedule of Events. Late proposals shall not be considered. The prevailing clock shall be the City’s clock at the location designated for delivery of the proposal.

H. COMPLIANCE WITH EQUAL EMPLOYMENT OPPORTUNITY:

In order to do business with the City, consultant 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.

I. OFFER AND ACCEPTANCE PERIOD: In order to allow for an adequate evaluation, the City requires an offer in response to this solicitation to be valid and irrevocable for 120 days after the proposal due date and time.

J. 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 herein waives any right to object now or at any future time, before any body or agency, including but not limited to, the City Council of the City of Phoenix or any court.

K. AWARD:

The proposer whose proposal receives the highest score will be recommended for the contract award.

Notwithstanding any other provision of this solicitation, the City reserves the right to: (1) waive any immaterial defect or informality; or (2) reject any or all proposals or portions thereof; or (3) reissue a solicitation.




L. EMPLOYEE IDENTIFICATION: Proposer agrees to provide an employee identification number or social security number to the City of Phoenix for the purposes of reporting to appropriate taxing authorities, monies paid by the City of Phoenix under the awarded contract. If the federal identifier of the proposer is a social security number, this number will be shared only with appropriate state and federal officials. This submission is mandatory under 26 U.S.C. § 6041A.

V – EVALUATION REQUIREMENTS



A. EVALUATION CRITERIA and FORMAT:

A selection panel will be convened by the Phoenix Office of Arts and Culture. Members of the panel may include community members, arts and culture representatives, and other professionals. Non-voting advisors to the panel may include project consultants and additional city staff. The final recommendation of the selection panel will be reviewed by the Phoenix Arts and Culture Commission; a subcommittee of the City Council; and the Mayor and City Council prior to the award of contract. All responses to this RFP will be evaluated on the basis of the 1000 point system listed below. After evaluating all submissions, the City, at the request of the Evaluation Committee, may ask some or all of the respondents to submit supplemental information or to participate in interviews. The respondent whose proposal receives the highest score will be recommended for the contract award. A consultant will be selected through a qualifications-based selection process based on the following criteria:

EVALUATION CRITERIA

POINTS

Completeness, quality, and clarity of the proposal

100

Qualifications of proposer approach to deliverables, and quality of recommendations

250

Relevant experience in undertaking projects of similar scope, complexity, importance and value, and lessons learned to be applied to this project

250

Understanding of the project and ability to communicate with local stakeholders (bilingually) and assess community interests

300

Cost effectiveness of the proposal and ability of consultant to maximize funds allocated for the study

100

TOTAL

1000

B. INTERVIEWS The City reserves the right to conduct interviews and/or interviews with some or all

V – EVALUATION REQUIREMENTS



of the proposers at any point during the evaluation process. However, the City may determine that interviews/demonstrations are not necessary. In the event interviews/demonstrations are conducted, information provided during the interview/demonstration process shall be taken into consideration when evaluating the stated criteria. The City shall not reimburse the proposer for the costs associated with the interview process.

SECTION VI – PROTEST



VI. PROTEST PROCESS Staff recommendations to award the contract(s) to a particular proposer or offeror shall be posted: https://www.phoenix.gov/finance/business-opportunities/bid-awards-and-recommendations and click on the Office of Arts and Cultures tab. Any unsuccessful respondent may file a protest no later than 7 calendar days after the recommendation is posted on the website. All protests shall be in writing, filed with the Office of Arts and Culture as identified in the solicitation and include the following

Identification of the RFP or other solicitation number;

The name, address and telephone number of the protester;

A detailed statement describing the legal and factual grounds for the protest, including copies of relevant documents;

The form of relief requested; and

The signature of the protester or its authorized representative.

The Office of Arts and Culture will render a written decision within a reasonable period of time after the protest is filed. Proposers wishing to respond to disqualification or a procurement outcome may refer to The Code of the City of Phoenix Chapter 43, Article IX, which governs protest procedures utilized throughout this selection process. The procedures may be reviewed through the City of Phoenix website at: http://www.codepublishing.com/az/phoenix/.

https://www.phoenix.gov/finance/business-opportunities/bid-awards-and-recommendations

https://www.phoenix.gov/finance/business-opportunities/bid-awards-and-recommendations

http://www.codepublishing.com/az/phoenix/

SECTION VII - SPECIAL TERMS AND CONDITIONS



VII. SPECIAL TERMS AND CONDITIONS

Proposer’s offer is subject to the following special terms and conditions.

A. INDEMNIFICATION: Consultant shall indemnify, defend, save and hold harmless the City of Phoenix and its officers, officials, agents, and employees (hereinafter referred to as “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) (hereinafter referred to as “Claims”) for bodily injury or personal injury (including death), or loss or damage to tangible or intangible property caused, or alleged to be caused, in whole or in part, by the negligent or willful acts or omissions of Consultant or any of its owners, officers, directors, agents, employees or subconsultants. This indemnity includes any claim or amount arising out of or recovered under the Workers’ Compensation Law or arising out of the failure of such consultant to conform to any federal, state or local law, statute, ordinance, rule, regulation or court decree. It is the specific intention of the parties that the Indemnitee shall, in all instances, except for Claims arising solely from the negligent or willful acts or omissions of the Indemnitee, be indemnified by Consultant from and against any and all claims. It is agreed that Consultant will be responsible for primary loss investigation, defense and judgment costs where this indemnification is applicable. In consideration of the award of this Contract, the Consultant agrees to waive all rights of subrogation against the City, its officers, officials, agents and employees for losses arising from the work performed by the Consultant for the City.

B. INSURANCE REQUIREMENTS:

Consultant and subconsultants must procure and maintain until all of their obligations have been discharged, including any warranty periods under this Contract are satisfied, insurance against claims which may arise from or in connection with the performance of the work hereunder by the Consultant, his agents, representatives, employees or subconsultants. These insurance requirements are minimum requirements for this Contract and in no way limit the indemnity covenants contained in this Contract. The City in no way warrants that the minimum limits stated in this section are sufficient to protect the Consultant from liabilities that might arise out of the performance of the work under this contract by the Consultant, his agents, representatives,




employees or subconsultants and Consultant is free to purchase additional insurance as may be determined necessary. 1. Minimum Scope and Limits Of Insurance:

Consultant must provide coverage with limits of liability not less than those stated below. An excess liability policy or umbrella liability policy may be used to meet the minimum liability requirements provided that the coverage is written on a “following form” basis.

a. Commercial General Liability – Occurrence Form

Policy shall 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

(i). 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 the Consultant".

b. Automobile Liability

Bodily Injury and Property Damage coverage for any owned, hired, and non-owned vehicles used in the performance of this Contract.

Combined Single Limit (CSL) $1,000,000

(i) 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 the Consultant, including automobiles owned, leased, hired or borrowed by the Consultant".

c. Worker's Compensation and Employers' Liability Consultant shall provide Workers' Compensation Statutory Employers' Liability Each Accident $ 100,000 Disease – Each Employee $ 100,000 Disease – Policy Limit $ 500,000




(i) Policy must contain a waiver of subrogation against the City of Phoenix. (ii) This requirement does not apply when a consultant or subconsultant is

exempt under A.R.S. 23-901, AND when such consultant or subconsultant executes the appropriate sole proprietor waiver form.

d. Professional Liability (Errors and Omissions Liability)

Consultant’s policy shall cover professional misconduct or lack of ordinary skill in performing the services defined in the Scope of Services of this Contract. Each Claim $1,000,000 Annual Aggregate $1,000,000 (i) In the event that the professional liability insurance required by this

Contract is written on a claims-made basis, Consultant warrants that any retroactive date under the policy must precede the effective date of this Contract; and that either continuous coverage will be maintained or an extended discovery period will be exercised for a period of two (2) years beginning at the time work under this Contract is completed.

2. Additional Insurance Requirements:

The policies shall include, or be endorsed to include, the following provisions:

a. On insurance policies where the City of Phoenix is named as an additional insured, the City of Phoenix is an additional insured to the full limits of liability purchased by the Consultant even if those limits of liability are in excess of those required by this Contract.

b. The Consultant's insurance coverage must be primary insurance and non-contributory with respect to all other available sources.

3. Notice of Cancellation:

For each insurance policy required by the insurance provisions of this Contract, the Consultant must provide to the City, within 2 business days of receipt, a notice if a policy is suspended, voided or cancelled for any reason. Such notice shall be mailed, emailed, hand-delivered or sent by facsimile transmission to Romeo Rabusa, Administrative Assistant II, [email protected], FAX # 602-262-6914.





4. Acceptability of Insurers:

Insurance is to be placed with insurers duly licensed or authorized to do business in the state of Arizona and with an “A.M. Best” rating of not less than B+ VI. The City in no way warrants that the above-required minimum insurer rating is sufficient to protect the Consultant from potential insurer insolvency.

5. Verification of Coverage:

Consultant shall furnish the City with certificates of insurance (ACORD form or equivalent approved by the City) as required by this Contract. The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and any required endorsements are to be received and approved by the City before work commences. Each insurance policy required by this Contract must be in effect at or prior to commencement of work under this Contract and remain in effect for the duration of the project. Failure to maintain the insurance policies as required by this Contract or to provide evidence of renewal is a material breach of contract. All certificates required by this Contract shall be sent directly to the City’s insurance certificate tracking service, or to the City of Phoenix Risk Management Division, 251 West Washington, 8th Floor, Phoenix, Arizona 85003, Attn: Assistant Risk Management Administrator. The City project/contract number and project description shall be noted on the certificate of insurance. The City reserves the right to require complete, certified copies of all insurance policies required by this Contract at any time.

6. Subconsultants:

Consultants’ certificate(s) shall include all subconsultants as additional insureds under its policies or Consultant shall furnish to the City separate certificates and endorsements for each subconsultant. All coverages for subcontractors shall be subject to the minimum requirements identified above.

7. Approval Any modification or variation from the insurance requirements in this 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.

C. WORKER BACKGROUND SCREENING REQUIREMENT:

Because of the varied types of services performed, the City has established three levels of risk and associated Background Screening. The risk level and Background Screening required for this Agreement is Minimum Background Screening. a. Minimum Risk and Background Screening (“Minimum Risk”). A minimum risk Background Screening shall be performed when the Contract Worker: (i) will not have direct access to City facilities or information systems; or (ii) will not work with vulnerable adults or children; or (iii) when access to City facilities is escorted by City workers. The Background Screening for minimum risk shall consist of the screening required by Arizona Revised Statutes §§ 41-4401 and following to verify legal Arizona worker status. b. Standard Risk and Background Screening (“Standard Risk”). A standard risk Background Screening shall be performed when the Contract Worker’s work assignment will: (i) require a badge or key for access to City facilities; or (ii) allow any access to sensitive, confidential records, personal identifying information or restricted City information; or (iii) allow unescorted access to City facilities during normal and non-business hours. The Background Screening for this standard risk level shall include the Background Screening required for the Minimum Risk level and a background check for real identity/legal name, and shall include felony and misdemeanor records from any county in the United States, the state of Arizona, plus any other jurisdiction where the Contract Worker has lived at any time in the preceding seven (7) years from the Contract Worker’s proposed date of hire. c. Maximum Risk and Background Screening (“Maximum Risk”). A maximum risk Background Screening shall be performed when the Contract Worker’s work assignment will: (i) have any contact with vulnerable people such as children, youth, elderly, or individuals with disabilities; or (ii) have any responsibility for the receipt or payment of City funds or control of inventories, assets, or records that are at risk of misappropriation; or (iii) have unescorted access to City data centers, money rooms, or high-value equipment rooms; or (iv) have access to private residences; or (v) have access to Homeland Defense Bureau identified critical infrastructure sites/facilities. The Background Screening for this maximum risk level shall include the Background Screening required for the Standard Risk level, plus a sexual offender search, a credit check, and driving record search for the preceding seven (7) years from the Contract




Worker’s proposed date of hire. Contract Workers who work directly with children or vulnerable adults are also subject to fingerprint verification through the Arizona Department of Public Safety as mandated by Phoenix City Code, § 2-27.

SECTION VIII - STANDARD TERMS AND CONDITIONS



VIII STANDARD TERMS AND CONDITIONS

The following terms and conditions shall apply, be incorporated and made a part of any contract resulting from this RFP: A. EMPLOYMENT DISCLAIMER

Any respondent that enters into a contract with the City as a result of this RFP agrees it is not intended to constitute, create, give rise to, or otherwise recognize a joint venture, partnership or formal business association or organization of any kind, and the rights and obligations of the parties shall be only those expressly set forth in the contract. The respondent shall agree that no individual performing under such contract on behalf of the respondent will be considered a City employee, and that no rights of City Civil Service, City retirement or City personnel rules shall accrue to such individual. Such respondent shall have total responsibility for all salaries, wages, bonuses, retirement, withholdings, worker’s compensation, other employee benefits, and all taxes and premiums appurtenant thereto concerning such individual and shall save and hold harmless the City with respect thereto.

B. 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 herein waves any right to object now or at any future time, before any body or agency, including but not limited to, the City Council of the City of Phoenix or any court.

C. CONTRACT CANCELLATION

All parties acknowledge that this contract is subject to cancellation by the City of Phoenix pursuant to the provision of Section 38-511, Arizona Revised Statutes.

D. DATA CONFIDENTIALITY: Except as specifically provided in the contract, the consultant or its subconsultants shall not divulge data to any third party without prior written consent of the City.

SECTION VIII - STANDARD TERMS AND CONDITIONS



E. LEGAL WORKER REQUIREMENTS:

The City of Phoenix is prohibited by A.R.S. § 41-4401 from awarding a contract to any firm who fails, or whose subconsultants fail, to comply with A.R.S. § 23-214(A). The firm and each subconsultant shall comply with all federal immigration laws and regulations related to their employees and compliance with the stated law. The City of Phoenix retains the legal right to inspect the papers of any firm or subconsultant employee who is awarded a contract to ensure that the firm or subconsultant is complying with the law.

F. LAWFUL PRESENCE REQUIREMENT:

Pursuant to A.R.S. §§ 1-501 and 1-502, the City of Phoenix is prohibited from awarding a contract to any natural person who cannot establish that such person is lawfully present in the United States. To establish lawful presence, a person must produce qualifying identification and sign a City-provided affidavit affirming that the identification provided is genuine. This requirement will be imposed at the time of contract award. This requirement does not apply to business organizations such as corporations, partnerships or limited liability companies.

SECTION IX – OFFER AND ACCEPTANCE



IX. OFFER AND ACCEPTANCE:

TO THE CITY OF PHOENIX: The Undersigned hereby offers and agrees to furnish the material and or service(s) in compliance with all terms, conditions, specifications, and addenda issued as a result of this Request for Proposals 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.

Proposer certifies that Proposer has read, understands, and will fully and faithfully comply with this Request for Proposals, any attachments and any referenced documents. Proposer also certifies that the prices offered were independently developed without consultation with any of the other proposers or potential proposers. Authorized Signature Date Printed Name and Title




Proposer’s Contact Information: Company Name

Address

City, State and Zip Code

Telephone Number

Company’s Fax Number

Company’s Toll Free #

Email Address Website

Payment Address: (If different from above) NOTE: Any assignment of proceeds must go through the City of Phoenix, Division of Accounts, and formal assignment procedure. Please also refer to the Assignment Provision, Section VIII (2) - Standard Terms and Conditions. Name

Address

City, State and Zip Code

Payment Address: (If different from above) Note: Any assignment of proceeds must go through the City of Phoenix, Division of Accounts, and formal assignment procedure. Please also refer to the Assignment Provision, Section VIII (2), Standard Terms and Conditions. Name _____________________________________________________ Address____________________________________________________ City, State and Zip Code ______________________________________




A. SOLICITATION RESPONSE CHECK LIST

(NOT NECESSARY TO RETURN CHECKLIST WITH OFFER) (For Proposer’s Use Only):

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

□ 1. All forms have been signed. All of Section IX – Submittals and required attachments are included. All contract terms have been read.

□ 2. Narrative Portion of the Proposal follows the sequence set forth in Section V

□ 3. The resume and other page limitations, if any, have been followed.

□ 4. The insurance and bond and surety requirements, if any, have been reviewed to assure you are in compliance. Attach a Certificate of Insurance and other requested documents.

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

□ 6. Any addenda have been signed and are included.

□ 7. The mailing envelope has been addressed to:

The mailing envelope clearly shows: Your company’s name and address, the RFP Number, RFP Title, and the proposal opening date.

□ 8. The response will be mailed in time to be received no later than 5:00 p.m. local Arizona time.

□ 9. Request for Consideration of Alternate Terms, if needed, is included. See Section IV (I), Instructions to Proposers. If requested, the request must be submitted with the proposal either as a separate section of the proposal or as a separate attachment and must be titled as “Request for Consideration of Alternate Terms.”

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