Curbside Textile Diversion Program Request for Proposals ... 18... · Curbside Textile Diversion...

Curbside Textile Diversion Program Request for Proposals (RFP) RFP-18-SW-054

Schedule of Events

ACTIVITY (All times are local Phoenix time)

DATE

Issue RFP Tuesday, January 2, 2018 Pre-Proposal Meeting at 2:30 p.m. (Please bring a copy of the solicitation with you)

Wednesday, January 10, 2018 Phoenix City Hall 200 West Washington St, 7th FloorPhoenix, AZ 85003

Submittal of Inquires by 9:00 a.m. Monday, January 16, 2018

Proposal Submittal by 1:00 p.m. Wednesday, January 31, 2018

Short Listing and Proposer Interviews, if applicable Monday, February 26, 2018

Award Recommendation to Phoenix City Council May 2018

Submit proposals and requests for alternate formats to: Crystal Ramirez, Procurement Officer

City of Phoenix Public Works Department (PWD)

200 West Washington Street, 7th Floor Phoenix, Arizona 85003

Telephone: (602) 495-3606 (7-1-1 Friendly) [email protected]

phoenix.gov/solicitations

This RFP does not commit the City to award any agreement. All dates subject to change.

CITY OF PHOENIXPUBLIC WORKS DEPARTMENT

CURBSIDE TEXTILE DIVERSION PROGRAM - RFP 18-SW-054

Page 2 of 41

1. RFP PROCESS

A. Introduction

The City of Phoenix (City) is seeking one or more entities to divert end of life textiles from the City’s solid waste stream. This RFP is part of the Reimagine Phoenix Initiative to achieve the City’s goal of diverting 40% of its trash from the landfill by the year 2020 and grow a circular economy in Phoenix. Information about Reimagine Phoenix and the circular economy can be found on the following:

Reimagine Phoenix: phoenix.gov/reimaginephoenix Phoenix recycling programs: phoenix.gov/publicworks/recycling General information about Phoenix: phoenix.gov/pio.facts

B. Minimum Qualifications

Any proposer that currently contracts with the City must be in good standing for its proposal for this business opportunity to be considered responsive. For the purpose of this RFP, good standing refers to compliance with all contractual provisions.

C. Agreement Term and Contractual Relationship

Each agreement resulting from this RFP will have a term of three years, with two one-year renewal options, as described in Section 1 of Attachment A. Successful proposers will be required to execute the sample agreement referenced in this RFP. The agreements resulting from this RFP are non-exclusive.

The City will add success measurements and program-specific descriptions to the agreement based on the successful proposer’s proposal prior to executing this agreement.

D. Pre-Proposal Meeting

Proposers are strongly encouraged to attend the pre-proposal meeting listed on page 1. Proposers may attend the pre-proposal meeting in person or via teleconference. Please email [email protected] to register for the meeting or to participate via teleconference.

E. Proposer Inquiries and Notification

Proposers are strongly encouraged to read this RFP in its entirety. Proposers must submit any inquiries about this RFP, including the agreement, by the inquiries deadline listed on page 1. Inquiries about this RFP must be submitted in writing to [email protected] before the inquires deadline listed on page 1.

The City will respond to all written inquires in writing. Pre-proposal meeting attendees, and potential proposers that request such notification in writing, will be notified by e-mail



Page 3 of 41

when documents related to this RFP are available at phoenix.gov/solicitations.

F. Notifications and Registration Requirements

Amendments to this RFP will be in writing as an addendum and posted at phoenix.gov/solicitations. The City shall not be responsible for any oral instructions given by any City employee, Contractor, or official regarding RFP instruction, specifications, or documents. The City takes no responsibility for informing proposers of changes to the original solicitation document. It is the proposer’s responsibility to obtain a copy of any addenda relevant to this solicitation. Proposers 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 solicitations 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.

2. SCOPE OF WORK

A. Overview

The City seeks a contractor to provide residential curbside textile diversion services to approximately 400,000 residential customers receiving City of Phoenix Solid Waste Services. This is an estimate and is subject to change without notification. The City promotes to its customer base to recycle and reuse textiles where possible; therefore, this program is to be an alternative to the last resort before the materials would go to the landfill. As textile diversion is a new service, the City will not guarantee any minimum or maximum volumes or customer participation, however the city believes used textiles have value in the circular economy and seeks one or more partners to assist in diverting textiles back into our local economy either for reuse or repurposing. The 2015 Waste Characterization study identified textiles as the fourth most prevalent material in the City’s garbage stream (estimated at 16,200 tons annually), and the second largest contaminant in the City’s recycling stream (estimated at 2,600 tons annually). This RFP seeks to redirect textiles currently in the municipal waste and recycling streams, and divert them for reuse, remanufacture, and/or research and development. NOTE: This is a revenue contract and the City will not incur any expenditures related to this contract. All costs, risks and liability associated to this program and contract, as defined herein, are the sole responsibility of the Contractor other than those specifically allowed and agreed to by the City.

B. Business Opportunity

The contractor shall provide a description of all types of items that will be accepted in the curbside program; however, at a minimum the following recyclable textile items must be accepted: Clothing, rags, and accessories made of natural and synthetic textiles such as cotton, wool, silk, woven nylon, rayon, polyester, and other materials. Examples include: stuffed toys, pillows, clothing, denim, shoes, sweaters, coats, fabric hats,



Page 4 of 41

curtains, wool materials, all items made of fabric and scraps, textile rugs, blankets, bedding, towels, upholstery, yarns, and other fabric/textile materials and accessories.

Note: Additional materials may be added subject to mutual agreement of the parties

The contractor will be responsible for:

Providing citywide residential curbside textile collection services. Using a customer relationship management (CRM) tool to enable households to

schedule a collection and communicate with the contractor via software and enable the contractor and the City to have an organized record of all communications, requests, collections and materials of value collected.

Accepting textiles delivered to its facility directly from the City.

The City reserves the right to adjust the scope of work based on the needs of the City during the term of the agreement.

C. Service Areas Proposers must provide curbside textiles diversion services in all ten services areas depicted in Attachment D.

Service Area

Approx. # of Accounts

A 40,032

B 42,964

C 47,582

D 41,455

E 42,894

F 37,636

G 37,786

H 38,758

I 35,891

J 35,071

The City reserves the right to negotiate with any successful proposer to implement textile diversion services drop-off locations in the service area(s) for the life of the contract.

D. Software Requirement

The contractor will be required to utilize a customer relationship management tool, to optimize household communication, scheduling, collection, sortation and reporting of textile diversion.



Page 5 of 41

E. Collection and Disposal

Each contractor shall:

Collect textiles curbside within a reasonable timeframe as agreed upon by the City, and the contractor.

Maintain a properly permitted collection facility for the sorting, baling, collection and marketing of the textile materials. The City reserves the right to inspect the facility and perform an audit with notice and as deemed necessary by the City. Where recommendations are made by the City, Contractor and the City shall mutually agree upon necessary methods to satisfy all recommendations.

Collect, grade, sort, bale, recycle, and sell all marketable textiles collected through the program to secondary markets for repurposing, resale and/or reuse.

Be responsible for all the expenditures and requirements for the marketing and sale of all items collected from the program, subject to city approval.

Be solely responsible for proper recycling and/or disposal of all contamination, foreign/non-textile matter and/or materials that are collected by the contractor. The City will not be responsible for contamination of the textiles collected curbside. Payments to the City shall be based upon weight of textiles collected including and prior to any non-textile matter being removed.

Provide the method and location used for disposal of contaminants. The contamination disposal site must be approved by the City, as well as a properly licensed authorized disposal site. The site must be in compliance with all federal, state and local environmental requirements.

F. Transportation

Contractor shall be responsible for all vehicles, trailers, containers, equipment, manpower and supervision necessary in accordance with all federal, state, and local laws and regulations to fulfill all obligations under this contract. Contractor is presumed to fully know all statutory requirements, and is solely liable for any failure to comply.

Contractor shall ensure all vehicles are operated in such a manner as to prevent materials from being blown out or falling out of the vehicle. Contractor and its employees shall stop immediately and safely collect items that have been separated from the vehicles. Contractor shall be solely responsible and liable for any items that become separated from secured vehicles and any damages that occur as a result thereof.

G. Textiles Diversion Service Communications and Marketing

The City shall approve all public information, promotional materials and promotional activities to inform service recipients of this program.


Work with the City's media representatives to establish guidelines for publications, media participation and event participation related to the service, subject to City's final approval.



Page 6 of 41

Inform the City’s media representatives of program and all Reimagine Phoenix related media requests and give city media representative first right of refusal for interviews, quotes and/or video segment appearances.

Develop and distribute promotional materials related to the service. Promotional tactics can include but are not limited to media buys, earned media interviews, handouts, social media, direct mail and outreach as long as there is prior written approval by the City. The City shall approve all public information, promotional materials and promotional activities to inform service recipients of this program.

Provide and share collateral materials such as flyers and posters so the city and its contractors can distribute, via appropriate channels, in order to maximize program marketing efforts.

Promote the textiles diversion service on its social media, newsletters, events and any other appropriate platform that could help more residents learn about this new textile service.

Promote the textiles diversion service on its social media, newsletters, events and any other appropriate platform that could help more residents learn about this new textile service.

Assist in creation and execution of a launch event to highlight the textiles diversion service.

Connect with local grassroots groups/advocates to spread the word about the new textiles diversion service.

Leverage its email or direct mail address lists if those include groups that could help promote the new services to residents.

Participate in at least two diversion or education events with the City each year. More events may be requested by the City.

The City will market this program as part of its Reimagine Phoenix Initiative, including promoting it on the City’s website, social media, events and through its community outreach and awareness efforts.

H. Customer Service


Maintain and adequately staff either a local or toll-free telephone number where complaints from its textiles diversion service customers shall be received, recorded and handled to the best of Contractor's abilities between the hours of 9:00 AM and 4:30 PM (local Phoenix time), Monday through Friday excluding City holidays. All customer calls and complaints that are reported to the City’s call center will be forwarded to Contractor’s telephone for handling and recording. The continuation of the program will be subject to the review and determination of the City based upon the reports.

Properly train all employees and subcontractors to communicate respectfully with City customers in all media forms including telephone, in person, on routes and in promotion of the collection program. When complaints against Contractor are lodged, the City reserves the right to determine actions to be taken against Contractor.



Page 7 of 41

I. Reporting and Payment

On or before the 15th day of the following month of collections, each contractor shall:

Submit a monthly report to the City detailing o Weight of textiles and non-textile materials collected in pounds o Number of residences textile materials were collected from o Route mileage o How and where the textiles will be repurposed o How and where non-textiles will be processed

Pay the proposed price per pound for textiles to the City, supported by weight tickets that include accurate weights, dates and detailed descriptions of the materials collected, which shall include non-textile matter.

Contractor shall maintain a record of all calls and provide the City with a full monthly report of all complaints, comments and concerns, and how and when they were resolved.

NOTE: This is a revenue contract and the City will not encounter any expenditures related to this contract. All costs, risks and liability associated to this program and contract, as defined herein, are the sole responsibility of the Contractor other than those specifically allowed and agreed to by the City.

Annually, each contractor shall:

Provide documentation [e.g. contract or authorization] to support that it has established relationships with suitable secondary markets for the resale of the textile materials.

Provide how it will consider public impact on all areas of performance of this program. Contractor shall provide an annual report to the City describing its efforts and the resulting impact on the community and citizens of the Phoenix area from this program as well as the annual diversion rate per ton for materials diverted from the landfills resulting from this program.

3. PROPOSAL INSTRUCTIONS

A. Delivery of Proposals

Each proposer must submit the following in a sealed package marked with the proposer’s name and the name of this RFP:

1 original proposal, 5 hard copies of the proposal, and 1 electronic copy of the proposal in Microsoft Word or Excel on a CD or flash drive.

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. Proposals received after the deadline will be disqualified as non-responsive.

B. Form of Proposals



Page 8 of 41

Proposals shall conform to the following format. Proposals that are incomplete; conditional; obscure; or that contain additions not requested, changes or exceptions to material provisions or requirements of this RFP; or irregularities of any kind, are subject to disqualification as non-responsive.

Proposals are limited to 20 double-sided or 40 single-sided, letter-size pages typed in 12 point Arial font and must be stapled or clipped. Attachments B and C are not included in the page limit requirement. The pages of each proposal must be numbered.

Each proposal must include all of the following:

Each proposer shall complete and submit Attachment B and Attachment C as part of its proposal.

Failure to include completed Attachments will result in disqualification.

1. Proposed Price Per Pound (0-400 points)

2. Approach to Business Opportunity (Business Plan) (0-350 points)

Each proposer shall provide a narrative of its business plan including a response to the business opportunity, collection, transportation, storage, use, and disposal of the materials collected curbside. At a minimum, this section should address the following:

a. How and where will the proposer repurpose/reuse the collected textiles outlined in Section 2: Scope of Work B. Business Opportunity?

b. How will the proposer repurpose/reuse any other additional textiles?

c. What condition do the products need to be in to be acceptable?

d. What will be done with the non-recyclable products and the recyclable products that don’t qualify as textiles?

e. How will the proposer determine the weight of the materials collected? Will certified scales be used? Describe how the proposer will track and report weights of materials received.

f. Where will the proposer process and store the materials collected?

g. Please provide a breakdown of the textiles your firm has used locally, exported, and landfilled.

h. What local economic impact, including job creation, will be generated by the proposer’s repurposing efforts?

i. What local environmental and/or social benefits could be derived by the proposer’s repurposing efforts?

j. Please provide a copy of your customer service model.

k. Please provide your marketing plan including but not limited to how the proposer will market, advertise and promote the textiles diversion service?

l. Please describe in detail the features of the software that the proposer will use as customer management relationship management tool.



Page 9 of 41

3. Qualifications & Experience Statement (0-250 points)

Each proposer shall specify the number of years and extent of any experience it has collecting and repurposing textiles.

a. Identify and describe other textile diversion programs that you provide to other municipalities or private organizations.

4. PROPOSAL EVALUATION

Proposals will be reviewed by City staff for responsiveness and documentation of minimum qualifications, completeness, and adherence to the RFP requirements. The City reserves the sole right to determine the sufficiency of qualifications and experience of all proposers.

A. Evaluation Panel

If applicable, the City will appoint an evaluation panel to review the proposals and recommend a proposer to be awarded the contract resulting from this RFP. The evaluation panel may interview all of the proposers, a short list of proposers, or may evaluate the proposals solely on the materials submitted by the proposal deadline. In the event a short list process is used, the evaluation panel will use the evaluation criteria established in this RFP to identify the proposers most likely to be successful in the evaluation process. The short-listed proposers may then be scheduled for interviews with the evaluation panel. The evaluation panel will determine a consensus score for each evaluation criterion, which will then be added together to determine a total consensus score for each proposal.

B. Evaluation Criteria

a) Evaluation of Competitive Sealed Proposals. Optional processes may be approved on a case by case basis by the Deputy Finance Director in consultation with the Law Department.

b) Determining Responsiveness and Responsibility

a. Offers will be reviewed for documentation of minimum qualifications, completeness, and compliance with the Solicitation requirements. The City reserves sole discretion to determine responsiveness and responsibility.

b. Responsiveness: Nonresponsive proposals will not be considered in the evaluation process. The RFP states criteria that determine responsiveness, and the RFP 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 any



Page 10 of 41

Proposer remove the conditions, exceptions, reservations or understandings. If the Proposer fails to do so in writing, the City may determine the Proposal to be nonresponsive.

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

d. The Procurement Officer, in consultation with legal counsel, will review each

Proposal to determine if the Proposer is responsible. The City’s determination as to whether a Proposer is responsible will be based on the information furnished by the 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 and any other sources the City deems appropriate. Award of the Contract resulting from the Solicitation will not be made until any necessary investigation, which each Proposer agrees to permit by submitting its Offer, is made by the City as it deems necessary.

e. A review of responsibility may occur up to contract award.

f. The Proposer’s unreasonable failure to promptly supply information in connection

with an inquiry with respect to responsibility may be grounds for a determination of nonresponsibility with respect to such Proposer.

C. Evaluation Requirements

Proposals will be reviewed for documentation of minimum qualifications, completeness, and adherence to the RFP requirements. The City reserves the sole right to determine the sufficiency of qualifications and experience of all proposers.

Evaluation Criteria

The evaluation panel will review the information submitted in the proposals to address the requirements listed in Section 3, (B) Items 1, 2, and 3. All responsive proposals will be evaluated based on the following criteria. This is a best-value-to-the-City procurement, which means the City is not obligated to award an agreement based solely on cost or revenue.

1. Proposed Price Per Pound (0-500 points) 2. Approach to Business Opportunity (Business Plan) (0-300 points) 3. Qualifications & Experience Statement (0-200 points)

Total available points: 1000

D. Detailed Evaluation of Proposals and Determination of Competitive Range

During deliberations, the Evaluation Panel will reach a consensus score for each evaluation



Page 11 of 41

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.

E. Proposals not within the Competitive Range

The City may notify Proposers of proposals that the City determined are not in the Competitive Range.

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. The 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 of Phoenix. In addition, each finalist may prepare and deliver a presentation of their proposed solution based on the script developed by the evaluation panel. The City may also require a hands-on lab demonstration designed specifically for the evaluation panel. The results of the surveys will be tabulated and delivered to the evaluation team for the final review and solution selection session(s).

If a proposal in the Competitive Range contains conditions, exceptions, reservations or understandings to or about any Contract or 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 conditions, exceptions, reservations or understandings. If the 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.

c. 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 RFP. 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.

5. BEST AND FINAL OFFERS (BAFO)

1. A BAFO is an option available for negotiations. Each Proposer in the Competitive



Page 12 of 41

Range may be afforded the opportunity to amend its proposal and make one BAFO. The request for BAFOs will include the following:

A. Notice that discussions/negotiations are concluded.

B. Notice that this is the opportunity to submit a written BAFO.

C. A common date and time for submission of a BAFO by each Proposer in the

Competitive Range, allowing a reasonable opportunity to prepare BAFOs.

D. Notice that if any modification to a BAFO is submitted, it must be received by the date and time specified for receipt of BAFOs.

E. 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.

2. If a 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 the RFP as weighted, the City will then perform final scoring and prepare final rankings.

3. 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.

4. 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.

5. Late Proposals. Late Proposals must be rejected, except for good cause. If a late

Proposal is submitted, the Department 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.

6. GENERAL TERMS AND CONDITIONS OF PROPOSAL

A. Transparency Policy

Commencing on the date and time a solicitation is published, potential or actual proposers or respondents (including their representatives) shall only discuss matters associated with the solicitation with the Mayor, any members of City Council, the City Manager, any Deputy City Manager, or any department director directly associated with the solicitation (including in each case their assigned staff, except for the designated Procurement Officer) at a public meeting,



Page 13 of 41

posted under Arizona Statutes, until the resulting contract(s) are awarded to all offers or responses are rejected and the solicitation is cancelled without any announcement by the Procurement Officer of the City’s intent to reissue the same or similar solicitation. As long as the solicitation is not discussed, Proposers may continue to conduct business with the City and discuss business that is unrelated to the solicitation with the City staff who is not involved in the selection process. Proposers may discuss their proposal or the solicitation with the Mayor or one or more members of the Phoenix City Council, provided such meetings are scheduled through the Procurement Officer 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, 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 re-issue.

“To discuss” means any contact by the proposer, regardless of whether the City responds

to the contact. Proposers that violate this policy shall be disqualified until the resulting contract(s) are awarded, or all offers or responses are rejected and the solicitation is cancelled without any announcement by the Procurement Officer of the City’s intent to reissue the same or a similar solicitation. The City interprets the policy as continuing through a cancellation of a solicitation until Council award of the contract, as long as the City cancels with a statement that the City will rebid the solicitation.

B. Equal Employment Opportunity Requirements

The successful proposer must comply with Phoenix City Code, Chapter 18, Article V, as amended. Proposers should direct any questions about these requirements to the Equal Opportunity Department at 602-262-6790.

C. Award Recommendations

Award recommendations will be posted at https://www.phoenix.gov/finance/business- opportunities/bid-awards-and-recommendations. On the day, the City posts the award recommendation, the procurement file for this RFP will be available for proposers and the public to review. The procurement file constitutes all proposals, the RFP and all addenda,



Page 14 of 41

advertising documents, agendas, meeting minutes, presentations (if any), signed conflict of interest statements by evaluation panel members, and evaluation panel consensus scoring.

D. Disclosure of Confidential and Proprietary Information

All materials submitted by proposers shall become the property of the City and become a matter of public record available for review pursuant to Arizona law. Each proposer shall mark any information submitted as part of its proposal that the proposer deems confidential or proprietary (collectively Confidential Information).

If the City receives a request to review or disclose such Confidential Information, the City will provide the proposer written notice of the request to allow the proposer the opportunity to obtain a court order to prevent the disclosure or review of such Confidential Information. The proposer must obtain and deliver to the Procurement Officer a court order within the time specified in the City’s written notice. If no court order is issued and received by the Procurement Officer within the time specified, the City may disclose or allow the review of such Confidential Information. If a proposer intends to seek a Court Order to shield its Confidential Information, the protest period will be extended the same number of days to allow for this process.

E. City’s Reservation of Rights

The City reserves the right to take any course of action the City deems appropriate at the City's sole and absolute discretion, which may include:

1. Waiving any defects or informalities in any proposal or proposing procedure;

2. Accepting or rejecting any or all proposals or any part of any or all proposals;

3. Canceling the RFP in part or in its entirety; 4. Reissuing the RFP with or without modification; 5. Negotiating with any qualified proposer; 6. Extending the deadline for proposals; and/or 7. Requesting additional information from any or all proposers.

F. City's Right to Disqualify for Conflict of Interest

The City reserves the right to disqualify any respondent who fails to provide information or data requested herein or who provides materially inaccurate or misleading information or data. The City reserves the right to disqualify any respondent on the basis of any real or apparent conflict of interest that is disclosed by the submittals submitted or any other data available to the City. This disqualification is at the sole discretion of the City. By submission of a submittal hereunder, the respondent waives any right to object now or at any future time, before anybody or agency, including but not limited to, the City Council, or any court, as to the exercise by the City of such right to disqualify or as to any disqualification by reason of real or apparent conflict of interest determined by the City. Additionally, any respondent or any member or affiliate of a responding team that currently



Page 15 of 41

contracts with the City must be in good standing for its submittal to be considered responsive. For the purpose of this RFP, good standing refers to compliance with all contractual provisions, including payment of financial obligations.

G. Preparation Costs

Under no circumstance will the City be responsible for any costs incurred by anyone in: 1) responding to this RFP; 2) in any subsequent follow up to the proposal; or 3) in any subsequent negotiations of a contract.

H. City’s Sole Determination of Responsiveness and Responsibility

Proposals will be reviewed for documentation of minimum qualifications, completeness, and compliance with the RFP requirements. The City reserves the sole right to determine responsiveness and responsibleness, which includes the City’s determination of the proposer’s integrity, skill, capacity, experience, and facilities for conducting the work to be performed.

The City’s determination as to whether a proposer is responsible will be based on the information furnished by the proposer, interviews (if any), and any other sources the City deems appropriate. Award of the agreement(s) resulting from this RFP will not be made until such investigations, which each proposer agrees to permit by submitting its proposal, are made by the City as it deems necessary.

I. Proposer Certification and Affidavit

By submitting a proposal, each proposer certifies it has not paid or agreed to pay any fee or commission, or any other item of value contingent on the award of a contract to any employee, official or current contracting Contractor of the City. Any proposer unable to comply with any required certifications may be disqualified.

In compliance with A.R.S. §§ 1-501 and -502, the City shall require any successful proposer that submits its proposal as a sole proprietorship or as an individual to

complete the Affidavit of Lawful Presence prior to the award of any contract resulting from this process.

J. Covenant Against Contingent Fees Paid to Proposer

By submitting a proposal, the proposer certifies it has not employed or retained any person or company, other than a member of its proposed team or a bona fide employee working solely for the proposer, to solicit or secure the contract described in this RFP, and that no agreement has been made to pay the proposer or any member of its team any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or execution of such contract. For breach or violation of this certification, the City shall have the right to annul any contract entered into with a proposer as result of this RFP without liability, or in its discretion to deduct the contract price or consideration, or otherwise, recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee.



Page 16 of 41

K. No Gratuities

Proposers shall not offer any gratuities, favors, or anything of monetary value to any official or employee of the City nor its advisors for the purposes of influencing this selection. Any attempt to influence the selection process by any means, other than disclosure of qualifications and credentials through the proper channels, shall be grounds for exclusion from the selection process.

7. PROTEST PROCESS

Bidder(s)/Proposer(s) may protest the contents of a solicitation before the solicitation deadline when the protest is based on an alleged mistake, impropriety or defect in the solicitation that is apparent. Protests filed regarding the solicitation may be addressed by an amendment to the solicitation, or denied by the City. If denied, the opening and award will proceed unless the City determines that it is in the City’s best interests to set new deadlines, amend the solicitation, cancel or re-bid. Therefore, unless otherwise notified by a formal amendment, the Protester must adhere to all solicitation dates and deadlines, including timely filing of an offer, regardless of filing a protest. Bidder(s)/Proposer(s) may protest an adverse determination issued by the City, regarding whether the Bidder(s)/Proposer(s) is responsible or its offer or response is responsive, within seven days of the date the Bidder(s)/Proposer(s) was notified of the adverse determination. Bidder(s)/Proposer(s) may protest an award recommendation if the Bidder(s)/Proposer(s) 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 Bidder(s)/Proposer(s) shall be posted on the City's website. An unsuccessful Bidder(s)/Proposer(s) may file a protest no later than 7 calendar days after the recommendation is posted on the website.

1. All protests shall be in writing, filed with the Procurement Officer identified in the solicitation and include the following:

2. Identification of the solicitation number; 3. The name, address and telephone number of the protester; 4. A detailed statement describing the legal and factual grounds for the protest,

including copies of relevant documents; 5. The form of relief requested; and 6. The signature of the 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 Procurement Code (Phoenix City Code, Section 43) and Administrative Regulation 3.10 and any protests or appeals not submitted within the time requirements will not be considered.

8. EXECUTION OF AGREEMENT(S)

The City will send the final agreement to the recommended proposer. Within 30 calendar days from the date the agreement was sent, the recommended proposer must sign and



Page 17 of 41

submit the final agreement to the City. If the City does not receive the signed agreement and all other required documentation from the recommended proposer within calendar 30 days, the City may consider not awarding the agreement to the proposer.

Until such time as the City executes an agreement with a recommended proposer, no contractual relationship exists. If the recommended proposer is subject to regulation by the Arizona Corporation Commission (ACC), it must be authorized to transact business in Arizona and be in good standing with the ACC at the time it signs the agreement.



Page 18 of 41

Attachment A

PROFESSIONAL SERVICES CONSULTING AGREEMENT BETWEEN THE CITY OF PHOENIX AND

INSERT LEGAL NAME OF CONTRACTOR HERE

This AGREEMENT is made and entered into this day of , 20 by and between the City of Phoenix, Arizona, a municipal corporation of the State of Arizona

(hereinafter referred to as “City”) and insert legal name of Contractor here, insert state of corporation and correct business name – Corporation, LLC, etc. that you have confirmed on

the Arizona Corporation Commission website, (hereinafter referred to as “Contractor”). 1. TERM OF AGREEMENT

A. This Agreement will commence on and the term will be for .

B. This Agreement will terminate upon the earliest occurrence of any of the following:

i. reaching the end of the term exercised as set forth in 1(A); ii. completing the services set forth in the Scope of Work attached as Exhibit A (the

“Services”); or

iii. termination pursuant to the provisions of this Agreement.

2. SCOPE OF WORK AND SPECIAL TERMS AND CONDITIONS

Contractor will provide consulting services that will be in accordance with the Scope of Work as set forth in Exhibit A, which may be supplemented with additional detail from time to time during the term of the Agreement, and that are satisfactory to the City. In performing these services, Contractor will also specifically comply with the applicable Supplemental Terms and Conditions that are set forth in Exhibit E. Contractor will provide progress reports to the Insert Who Contractor is to provide report to, or “the City” according to a mutually agreed-upon schedule.

3. SEE EXHIBIT C FOR INDEMNIFICATION AND INSURANCE REQUIREMENTS 4. INDEPENDENT CONTRACTOR STATUS; EMPLOYMENT DISCLAIMER A. The parties agree that Contractor is providing the Services under this Agreement on a

part-time and/or temporary basis and that the relationship created by this Agreement is that of independent contractors. Neither Contractor nor any of Contractor’s agents, employees or helpers will be deemed to be the employee, agent, or servant of the City. The City is only interested in the results obtained under this Agreement; the



Page 19 of 41

manner, means and mode of completing the same are under the sole control of Contractor.

B. This Agreement is not intended to constitute, create, give rise to, or otherwise recognize

a joint venture, partnership or formal business association or organization of any kind, and the rights and obligations of the parties will be only those expressly set forth in this Agreement. The parties agree that no individual performing under this Agreement on behalf of Contractor will be considered a City employee, and that no rights of City Civil Service, City retirement or City personnel rules will accrue to such individual. Contractor will have total responsibility for all salaries, wages, bonuses, retirement, withholdings, worker’s compensation, other employee benefits, and all taxes and premiums appurtenant thereto concerning such individuals and will save and hold harmless the City with respect thereto.

5. LEGAL WORKER REQUIREMENTS

The City is prohibited by Arizona Revised Statutes § 41-4401 from awarding an agreement to any contractor who fails, or whose subcontractors fail, to comply with Arizona Revised Statutes § 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 Arizona Revised Statutes § 23-214, subsection A.

B. A breach of warranty under paragraph A will be deemed a material breach of the

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

C. 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 A.

6. CONFIDENTIALITY AND DATA SECURITY

A. All data, regardless of form, including originals, images and reproductions, prepared

by, obtained by, or transmitted to Contractor in connection with this Agreement is confidential, proprietary information owned by the City. Except as specifically provided in this Agreement, the Contractor will not disclose data generated in the performance of the Services to any third person without the prior written consent of the City Manager, or his/her designee.

B. Personal identifying information, financial account information, or restricted City

information, whether electronic format or hard copy, must be secured and protected at all times to avoid unauthorized access. At a minimum, Contractor must encrypt and/or password protect electronic files. This includes 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.



Page 20 of 41

C. In the event that data collected or obtained by the Contractor in connection with this

Agreement is believed to have been compromised, Contractor will notify the City Privacy Officer immediately. 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.

D. Contractor agrees that the requirements of this Section will be incorporated into all

subcontractor/sub-Contractor agreements entered into by the Contractor. It is further agreed that a violation of this Section will be deemed to cause irreparable harm that justifies injunctive relief in court. A violation of this Section may result in immediate termination of this Agreement without notice.

E. The obligations of Contractor under this Section will survive the termination of this

Agreement. 7. CONTACTS WITH THIRD PARTIES

Contractor or its subcontractors will not contact third parties to provide any information in connection to the Services provided under this Agreement without the prior written consent of the City. Should Contractor or its subcontractors be contacted by any person requesting information or requiring testimony relative to the Services provided under this Agreement or any other prior or existing Agreement with the City, Contractor or its subcontractors will promptly inform the City giving the particulars of the information sought and will not disclose such information or give such testimony without the written consent of the City or court order. The obligations of Contractor and its subcontractors under this Section will survive the termination of this Agreement.

Contractor agrees that the requirements of this Section will be incorporated into all subcontractor agreements entered into by the Contractor. It is further agreed that a violation of this Section will be deemed to cause irreparable harm that justifies injunctive relief in court. A violation of this Section may result in immediate termination of this Agreement without notice.

8. SBE/ DBE UTILIZATION

The City extends to each individual, firm, vendor, supplier, contractor and subcontractor an equal economic opportunity to compete for City business and strongly encourages voluntary utilization of small and/or disadvantaged businesses to reflect both the industry and community ethnic composition. The use of such businesses is encouraged whenever practical.

9. AUDIT/RECORDS

The City reserves the right, at reasonable times, to audit Contractor’s books and records relative to the performance of service under this Agreement. All records pertaining to this Agreement will be kept on a generally accepted accounting basis for a period of FIVE (5) years following termination of the Agreement.



Page 21 of 41

If, following an audit of this Agreement, the audit discloses the Contractor has provided false, misleading, or inaccurate cost and pricing data, and the cost discrepancies exceed 1% of the total Agreement billings, the Contractor will be liable for reimbursement of the reasonable, actual cost of the audit.

10. COMPLIANCE WITH LAWS

Contractor will comply with all existing and subsequently enacted federal, state and local laws, ordinances, codes, and regulations that are, or become applicable to this Agreement. If a subsequently enacted law imposes substantial additional costs on Contractor, a request for an amendment may be submitted pursuant to this Agreement.

11. AMENDMENTS

Whenever an addition, deletion or alteration to the Services described in Exhibit A substantially changes the Scope of Work thereby materially increasing or decreasing the cost of performance, a supplemental agreement must first be approved in writing by the City and Contractor before such addition, deletion or alteration will be performed. Changes to the Services may be made and the compensation to be paid to Contractor may be adjusted by mutual agreement, but in no event may the compensation exceed the amount authorized without further written authorization. It is specifically understood and agreed that no claim for extra work done or materials furnished by Contractor will be allowed except as provided herein, nor will Contractor do any work or furnish any materials not covered by this Agreement unless first authorized in writing. Any work or materials furnished by Contractor without prior written authorization will be at Contractor’s risk, cost and expense, and Contractor agrees to submit no claim for compensation or reimbursement for additional work done or materials furnished without prior written authorization.

12. NO ORAL ALTERATIONS

No alteration or variation of the terms of this Agreement will be binding on the parties herein unless such alteration or variation is in writing and signed by each of the parties to this Agreement. No oral understanding or agreement not incorporated in this Agreement will be binding on any of the parties herein.

13. NOTICES

Any notice, consent or other communication (“Notice”) required or permitted under this Agreement will be in writing and either: (1) delivered in person; (2) sent via e-mail, return receipt requested; (3) sent via facsimile transmission; (4) deposited with any commercial air courier or express delivery service; or (5) deposited in the United States mail, postage prepaid.


CURBSIDE TEXTILE RECYCLING PROGRAM - RFP 18-SW-010

Page 22 of 41

If to Contractor:

If to City:

Notice will be deemed received: (1) at the time it is personally served; (2) on the day it is sent via e-mail; (3) on the day it is sent by facsimile transmission; (4) on the second day after its deposit with any commercial air courier or express delivery service; or (5) five business days after the Notice is deposited in the United States mail as above provided. Any time period stated in a Notice will be computed from the time the Notice is deemed received.

Notices sent by e-mail and facsimile transmission will also be sent by regular mail to the recipient at the above address. This requirement for duplicate Notice is not intended to change the effective date of the Notice sent by e-mail or facsimile transmission.

14. INTEGRATION

This Agreement constitutes and embodies the full and complete understanding and agreement of the parties hereto and supersedes all prior understandings, agreements, discussions, proposals, bids, negotiations, communications, and correspondence, whether oral or written. No representation, promise, inducement or statement of intention has been made by any party hereto which is not embodied in this Agreement, and no party will be bound by or liable for any statement of intention not so set forth.

15. GOVERNING LAW; FORUM; VENUE

This Agreement is executed and delivered in the State of Arizona, and the substantive laws of the State of Arizona (without reference to choice of law principles) will govern their interpretation and enforcement. Any action brought to interpret or enforce any provision of this Agreement that cannot be administratively resolved, or otherwise related to or arising from this Agreement, will be commenced and maintained in the state or federal courts of the State of Arizona, Maricopa County, and each of the parties, to the extent permitted by law, consents to jurisdiction and venue in such courts for such purposes.

16. TERMINATION OR SUSPENSION OF SERVICES

A. City ’s Right to Terminate

The City reserves the right to terminate this Agreement without cause, or to abandon the Services, or any part of the Services not then completed, by notifying Contractor in writing. Immediately upon receiving a written notice to terminate or suspend



Page 23 of 41

Services, Contractor will:

i. Discontinue advancing the work in progress, or such part that is described in the notice.

ii. Deliver to the City all collected raw data, draft reports, preliminary reports, working papers, estimates and forecasts entirely or partially completed, together with all unused materials supplied by the City.

iii. Appraise the work it has completed and submit its appraisal to the City for

evaluation.

iv. Be paid in full the pro rata value for services performed to the date of its receipt of the Notice of Termination, including reimbursement for all reasonable costs and expenses incurred by Contractor in terminating the work, including demobilization of field service. No payment will be made for loss of anticipated profits or unperformed services.

B. Temporary Suspension

The City may, by written notice, direct Contractor to suspend performance on all or any part of the Services for such period of time as may be determined by the City to be necessary or desirable for its convenience. If such suspension causes additional expense to Contractor in performance, and not due to fault or negligence of Contractor, the payment will be adjusted on the basis of actual costs resulting directly from the suspension, and the period for performance of the Services will be extended by mutual agreement. Any claim by Contractor for a price adjustment must be supported by appropriate documentation asserted promptly after Contractor has been notified to suspend performance.

17. PROFESSIONAL COMPETENCY

A. Qualifications Contractor represents that it is familiar with the nature and extent of this Agreement, the Services, and any conditions that may affect its performance under this Agreement. Contractor further represents that it is fully experienced and properly qualified, is in compliance with all applicable license requirements, and is equipped, organized, and financed to perform such Services.

B. Level of Care and Skill Services provided by Contractor will be performed in a manner consistent with that level of care and skill ordinarily exercised by members of Contractor’s profession currently practicing in the same industry under similar conditions. Acceptance or approval by the City of Contractor’s work will in no way relieve Contractor of liability to the City for damages suffered or incurred arising from the failure of Contractor to adhere to the aforesaid standard of professional competence.

18. SPECIFIC PERFORMANCE



Page 24 of 41

Contractor agrees that in the event of a breach by Contractor of any material provision of this Agreement, the City will, upon proper action instituted by it, be entitled to a decree of specific performance thereof according to the terms of this Agreement. In the event the City will elect to treat any such breach on the part of Contractor as a discharge of the Agreement, the City may nevertheless maintain an action to recover damages arising out of such breach. This paragraph is not intended as a limitation of such other remedies as may be available to the City under law or equity.

19. FORCE MAJEURE

Contractor will not be responsible or liable for, or deemed in breach hereof because of any delay in the performance of its obligations hereunder to the extent caused by circumstances beyond its control, without its fault or negligence, and that could not have been prevented by the exercise of due diligence, including but not limited to fires, natural disasters, riots, wars, unavoidable and unforeseeable site conditions, failure of the City to provide data within the City’s possession or to make necessary decisions or provide necessary comments in connection with any required reports prepared by Contractor in connection with the Services and the unforeseeable inability to obtain necessary site access, authorization, permits, licenses, certifications and approvals (such causes hereafter referred to as “Force Majeure”).

20. DOCUMENTATION

A. Dissemination and Retention

There will be no dissemination or publication of any information gathered, or documents prepared in the course of the performance of the Services without the prior written consent of the City. Should the City, upon advice of counsel, deem it necessary, due to existing or anticipated litigation, to assert a legal privilege of protection and non-disclosure with regard to the subject matter of this Agreement, then, and in that event, upon written demand, Contractor will relinquish to the possession and control of the City its entire file related to this Agreement and only those portions of said file deemed by the City to be not privileged will be returned to Contractor pending the resolution of the existing or anticipated litigation.

B. Format and Quality

All documents prepared by Contractor will be prepared in a format and at a quality approved by the City.

C. Document Review

Contractor will review all documents provided by the City related to the performance of the Services and will promptly notify the City of any defects or deficiencies discovered in such review.

D. Submittals

Contractor will provide timely and periodic submittals of all documents required of Contractor, including subcontracts, if any, as such become available to the City for review.



Page 25 of 41

21. RELEASE OF INFORMATION – ADVERTISING AND PROMOTION

Contractor will not publish, release, disclose or announce to any member of the public, press, official body, or any other third party: (1) any information concerning this Agreement, the Services, or any part thereof; or (2) any documentation or the contents thereof, without the prior written consent of the City, except as required by law. The name of any site on which Services are performed will not be used in any advertising or other promotional context by Contractor without the prior written consent of the City.

22. CONFLICTS OF INTEREST

A. Contractor acknowledges that, to the best of its knowledge, information and belief, no

person has been employed or retained to solicit or secure this Agreement upon a promise of a commission, percentage, brokerage, or contingent fee, and that no member of the Phoenix City Council or any employee of the City has any financial interest in the consulting firm. For breach of violation of this warranty, the City will have the right to annul this Agreement without liability, including any such commission, percentage, brokerage or contingent fee.

B. The City reserves the right to disqualify Contractor in the event that the City determines

that Contractor has an actual or apparent conflict of interest with the purposes of this Agreement and the provisions and procedures set forth in Paragraph 23 will apply.

C. Upon a finding by the City that gratuities in the form of entertainment, gifts or

inducements were offered or given by Contractor, or any agent or representative of Contractor, to any officer or employee of the City for the purpose of securing this Agreement, or securing favorable treatment with respect to the awarding, amending, or making of any determination with respect to the performance of this Agreement, the City may, by one (1) calendar day written notice to Contractor, terminate the right of Contractor to proceed under this Agreement, provided that the existence of the facts upon which the City made such finding will be an issue and may be litigated in an Arizona court of competent jurisdiction. In the event of such termination, the City will be entitled to the same remedies against Contractor as could be pursued in the event of default by Contractor.

D. This Agreement is subject to the requirements of Arizona Revised Statutes

§38-511. 23. PUBLIC RECORDS

Notwithstanding any provisions of this Agreement regarding confidentiality, secrets, or protected rights, the Contractor acknowledges that all documents provided to the City may be subject to disclosure by laws related to open public records. Consequently, the Contractor understands that disclosure of some or all of the items subject to this Agreement may be required by law. In the event City receives a request for disclosure that is reasonably calculated to incorporate information that might be considered confidential by Contractor, the City agrees to provide the Contractor with notice of that request, which shall be deemed given when deposited by the City with the USPS for



Page 26 of 41

regular delivery to the address of the Contractor specified in their proposal. Within ten (10) days of City notice by the City, the Contractor will inform the City in writing of any objection by the Contractor to the disclosure of the requested information. Failure by the Contractor to object timely shall be deemed to waive any objection and any remedy against the City for disclosure. In the event the Contractor objects to disclosure within the time specified, the Contractor agrees to handle all aspects related to request, including properly communicating with the requestor and timely responding with information the disclosure of which the Contractor does not object thereto. Furthermore, the Contractor agrees to indemnify and hold harmless the City from any claims, actions, lawsuits, or any other controversy or remedy, in whatever form, that arises from the failure to comply with the request for information and the laws pertaining to public records, including defending the City in any legal action and payment of any penalties or judgments. This provision shall survive the termination of this Agreement.

24. CLAIMS OR DEMANDS AGAINST THE CITY

Contractor acknowledges and accepts the provisions of Chapter 18, Section 14 of the Charter of the City of Phoenix, pertaining to claims or demands against the City, including provisions therein for set-off of indebtedness to the City against demands on the City, and Contractor agrees to adhere to the prescribed procedure for presentation of claims and demands. Nothing in Chapter 18, Section 14 of the Charter of the City of Phoenix alters, amends or modifies the supplemental and complementary requirements of the State of Arizona Notice of Claim statutes, Arizona Revised Statutes §§ 12-821 and 12-821.01, pertaining to claims or demands against the City. If for any reason it is determined that the City Charter and state law conflict, then state law will control. Moreover, nothing in this Agreement will constitute a dispute resolution process, an administrative claims process, or contractual term as used in Arizona Revised Statutes § 12-821.01(C), sufficient to affect the date on which the cause of action accrues within Arizona Revised Statutes § 12-821.01(A) and (B).

25. WAIVER OF CLAIMS FOR ANTICIPATED PROFITS

Contractor waives any claims against the City and its officers, officials, agents and employees for loss of anticipated profits caused by any suit or proceeding, directly or indirectly, involving any part of this Agreement.

26. CONTINUATION DURING DISPUTES

A. Contractor agrees as a condition of this Agreement that in the event of any dispute

between the parties, provided no Notice of Termination has been given by the City, and if it is feasible under the terms of this Agreement each party will continue to perform the obligations not related to the dispute required of it during the resolution of such dispute, unless enjoined or prohibited by a court of competent jurisdiction.

B. Failure or delay by either party to exercise any right, power or privilege specified in or



Page 27 of 41

appurtenant to this Agreement will not be deemed a waiver. 27. THIRD PARTY BENEFICIARY CLAUSE

The parties expressly agree that this Agreement is not intended by any of its provisions to create any right of the public or any member thereof as a third party beneficiary nor to authorize anyone not a party to this Agreement to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of this Agreement.

28. NO ISRAEL BOYCOTT

By entering into this contract, the Contractor/Contractor certifies that they are not currently engaged in, and agrees for the duration of the contract to not engage in, a boycott of Israel.

IN WITNESS WHEREOF, the parties herein have caused this Agreement to be executed, effective as of the date and time in the first paragraph;

CITY OF PHOENIX, a municipal corporation ED ZUERCHER, City Manager

By:

Name Title

ATTEST: City Clerk

APPROVED AS TO FORM:

Acting City Attorney

Use the Arizona Corporation Commission to ensure you have the correct business name, they are registered in Arizona and then pick the correct signature block below. Delete comments in red and contact Law if you have questions.

If your company is a corporation:

Name of company Corporation a State corporation



Page 28 of 41

By: Name Title, such as President and CEO

If your company is a Limited Liability with Individual members: Name of company, LLC, an State limited liability company By:

Name Member

By:

Name Member

If your company is a Limited Liability with Individual Manager: Name

of company, LLC, an State limited liability company

By:

Name Manager

If your company is a Limited Liability with the Member or Manager is a Corporation:

Name of company, LLC, an State limited liability company Its Manager (Member)

By:

Name President

If your company is a Limited Liability with the Member or Manager is a General Partnership:

Name of company, LLC, an State limited liability company Its Manager (Member)

By:

Name an Arizona general partnership, Its Manager or Managing General Partner



Page 29 of 41

EXHIBIT A – SCOPE OF WORK Scope of Work



Page 30 of 41

EXHIBIT B – REVENUE SCHEDULE

Revenue Schedule

Price per pound $_________________________________ PRICE All prices submitted shall be firm and fixed for the first-year of the contract period. Thereafter, price adjustments will be negotiated annually provided the adjustments are submitted in writing with 30-days advance notice to either party. Requests shall be accompanied with written documentation from the contractor or the City confirming the justification of the price adjustment. The City will be the sole judge in determining the allowable adjustment amount. Price adjustment requests shall be sent to City of Phoenix, Public Works Department, Procurement Division, 200 W. Washington 7th Floor, Phoenix, AZ 85003. Attn: Procurement Officer - RFP 18-SW-010. Price adjustments agreed to by any staff other than the Public Works Director are invalid. The 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 Public Works Director. NOTE: This is a revenue contract and the City will not encounter any expenditures related to this contract. All costs, risks and liability associated to this program and contract, as defined herein, are the sole responsibility of the Contractor other than those specifically allowed and agreed to by the City.



Page 31 of 41

EXHIBIT C – INDEMNIFICATION & INSURANCE REQUIREMENTS

A. INSURANCE REQUIREMENTS:

Contractor and subcontractors shall procure and maintain until all of their obligations have been discharged, including any warranty periods under this Contract are satisfied, insurance against claims for injury to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, employees or subcontractors. The insurance requirements herein 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 contained herein are sufficient to protect the Contractor from liabilities that might arise out of the performance of the work under this Contract by the Contractor, his agents, representatives, employees or subcontractor shall 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. 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 $1,000,000Personal and Advertising Injury $1,000,000Each Occurrence $1,000,000

Policy shall be endorsed to include the following additional insured language: "The City of Phoenix shall be named as an additional insured with respect to liability arising out of the activities performed by, or on behalf of the Contractor".

Worker's Compensation and Employers' Liability Contractor shall provide Workers' Compensation Statutory Employers' Liability

Each Accident $ 100,000

Disease – Each Employee $ 100,000Disease – Policy Limit $ 500,000

Policy shall contain a waiver of subrogation against the City of Phoenix.



Page 32 of 41

This requirement shall not apply when a contractor or subcontractor is exempt under A.R.S. 23-901, AND when such contractor or subcontractor or executes the appropriate sole proprietor waiver form.

Professional Liability (Errors and Omissions Liability) Contractor’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 $2,000,000 Annual Aggregate $2,000,000

Contractor warrants that any retroactive date under the policy shall 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.

1. Additional Insurance Requirements:

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

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

The Contractor’s insurance coverage shall be primary insurance and non- contributory with respect to all other available sources.

2. Notice of Cancellation:

For each insurance policy required by the insurance provisions of this Contract, the Contractor 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 Crystal Ramirez, 200 W. Washington St., Phoenix, AZ 85003, [email protected].



Page 33 of 41

3. 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 Contractor from potential insurer insolvency.

4. Verification of Coverage:

Contractor 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.

5. Subcontractors:

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



Page 34 of 41

EXHIBIT D – CONTRACTORT’S INSURANCE CERTIFICATE

Contractor’s Insurance Certificate



Page 35 of 41

Attachment B

AFFIDAVIT

Assurances The undersigned proposer hereby submits to the City of Phoenix (City) the enclosed proposal based upon all terms and conditions set forth in the City’s Request for Proposals (RFP) and referenced materials. Proposer further specifically agrees hereby to provide services in the manner set forth in the proposal submitted by the proposer.

The undersigned proposer acknowledges and states, under penalty of perjury, as follows:

1. The City is relying on proposer’s submitted information and the representation that

proposer has the capability to successfully undertake and complete the responsibilities and obligations submitted in its proposal and in the resulting contract.

2. The City has the right to make any further inquiry it deems appropriate to substantiate or

supplement information supplied by proposer. 3. Proposer has read and fully understands all the provisions and conditions set forth in the

RFP documents, upon which its proposal is based. 4. The forms and information requested in the RFP are complete and made part of the

proposal. The City is not responsible for any proposer errors or omissions. 5. This proposal may be withdrawn by requesting such withdrawal in writing at any time prior

to the proposal deadline but may not be withdrawn after such date and time. 6. The City reserves the right to reject any and all proposals and to accept the proposal

that, in its judgment, will provide the best quality development to the City.

7. This proposal is valid for a minimum of 120 days after the RFP proposal deadline. 8. All costs incurred by proposer in connection with this proposal shall be borne solely by

proposer. Under no circumstances shall the City be responsible for any costs associated with proposer’s proposal or the RFP process.

9. Proposer has not in any manner, directly or indirectly, conspired with any person or party

to unfairly compete or compromise the competitive nature of the RFP process. 10. The contents of this proposal have not been communicated by the undersigned nor by



Page 36 of 41

any employee or agent to any other person engaged in this type of business prior to the official opening of this proposal.

11. To the best of the proposer’s knowledge, the information provided in its proposal is true

and correct and neither the undersigned proposer nor any partner, corporate officer or managing employee have ever been convicted of a felony or a crime involving moral turpitude.

References

Proposer shall furnish the names and contact information for 3 clients for whom the proposer is furnishing or has furnished services similar to those described in this RFP. Do not list City of Phoenix employees or officials as references.

C. Company and Reference Name: ___________________________________________ Telephone and E-Mail: ___________________________________________________

D. Company and Reference Name: ___________________________________________ Telephone and E-Mail: ___________________________________________________

E. Company and Reference Name: ___________________________________________ Telephone and E-Mail: ___________________________________________________

Signature(s)

Proposer’s Contracting Entity (Legal Name1): ______________________________________ 1 The successful proposer must be authorized to transact business in Arizona and be in good standing prior to contract award.

Printed Name of Authorized Representative*:



Page 37 of 41

Title: _______________________________________________________________________

Business Mailing Address:

Telephone and Email Address:

Signature:

*Proposal must be signed by an individual authorized to contractually bind the proposer.

Name of Joint Venture Partner (if applicable):

Printed Name of Authorized Representative*:

Title:

Business Mailing Address:

Telephone and Email Address:

Signature:

*Proposal must be signed by an individual authorized to contractually bind the joint venture partner.

NOTARIZED

Signed and sworn before me this , day of ,

Notary Signature: Affix Seal:

My Commission Expires:



Page 38 of 41

Attachment C

SOLICITATION CONFLICT AND TRANSPARENCY DISCLOSURE FORM

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

1. Name of person submitting this disclosure form. First: M.I. Last: Suffix:

2. Contract information. a) Solicitation # 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:



Page 39 of 41

6. List any attorneys, lobbyist, or Contractors retained by any individuals listed in

Question 3, 4, or 5 to assist in seeking this contract.

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

List of attorneys, lobbyist, or Contractors 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 Section 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 Section 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 byany means than through a formal procurement; or (3) doing business with the City withoutdisclosing the interest. The prohibition extends to subcontracts on City contracts, and wouldalso apply to parent, subsidiary or partner businesses owned by the member of the board orcommission and their family. A.R.S. Section 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 mayremain in effect, but cannot be amended, extended, modified, or changed in any manner during the officer’s City service.



Page 40 of 41

Acknowledgements

a. 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 contact is required with City official or employees, 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 swear or affirm that the statements contained in this Form, including any

attachments, to the best of my knowledge are belief are true, correct, and complete.

Your Name: ____________________ Title: ______________________

Company Name or DBA: _________________ Date: __________ Modified: 06/2016 (jmk)



Page 41 of 41

Attachment D

Date post:	21-May-2018
Category:	Documents
Upload:	dangnhi
View:	216 times
Download:	0 times

Curbside Textile Diversion Program Request for Proposals ... 18... · Curbside Textile Diversion...

Documents