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City of Mesa New Bid Opportunity: Custodial Services for Parks and Sports Field Facilities

City of Mesa New Bid Opportunity: Custodial Services for Parks and Sports Field Facilities

Procurement Request



NOTICE OF SOLICITATION

 

Publish Date: August 3, 2022                                                       SOLICITATION # 2023026


REQUEST FOR PROPOSALS FOR: CUSTODIAL SERVICES FOR PARKS AND SPORTS FIELD FACILITIES

 

PROPOSAL DUE DATE AND TIME:  AUGUST 17, 2022 – 3:00 P.M. LOCAL ARIZONA TIME

Notice is hereby given that sealed proposals will be received by the Purchasing Division, City of Mesa until the date and time cited above. Responses received by the correct date and time will be opened publicly and read aloud by the Purchasing Division’s Procurement Administrator (or designated representative).

To join the response reading at 4:00 P.M. local Arizona time on the due date via Microsoft Teams, please visit the following website:  Proposal Opening Link 

Teleconference Number: 480-535-7460; Conference ID: 829 750 215#

 

Please read the entire Solicitation package and submit the bid in accordance with the instructions.  This document (less this invitation and the instructions) and any required response documents, attachments, and submissions will constitute the bid.

Responses must be in the actual possession of the Purchasing Division Office submitted electronically, on or before the exact date and time indicated above. Late submittals shall not be considered under any circumstances.

Questions concerning this Solicitation should be submitted in writing through the City of Mesa’s Purchasing Website Vendor Self Service portal at https://vendor.mesaaz.gov/ or by email to the following Purchasing contacts or their designees:


Technical Questions:                                                   General or Process Questions:

Jess Romney, NIGP-CPP, CPPB                                  Ashia Villegas

Procurement Supervisor                                                Procurement Specialist

Phone: 480-644-5798                                                     Phone: 480-644-2545

Jess.Romney@MesaAZ.gov                                          Ashia.Villegas@MesaAZ.gov

 

 

NOTE:  THE CITY OF MESA PUBLISHES ITS SOLICITATIONS, ATTACHMENTS, AND ADDENDA ONLINE AND THEY ARE AVAILABLE FOR VIEWING AND/OR DOWNLOADING AT THE FOLLOWING INTERNET ADDRESS: https://vendor.mesaaz.gov/

Current contracts and related information are available for viewing and/or downloading at: http://apps.mesaaz.gov/purchasingcontracts/Search

All vendors wishing to conduct business with the City are required to register and maintain all information used for the notification of Solicitation opportunities and issuance of payment in the Vendor Self Service (VSS) system. To register and view additional vendor information, go to https://vendor.mesaaz.gov/

 
 
 

 

 

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NOTICE...................................................................................................................... 1

TABLE OF CONTENTS.............................................................................................. 2

SECTIONS:

INSTRUCTIONS............................................................................................. 3

SPECIAL TERMS AND CONDITIONS............................................................. 11

DETAILED SPECIFICATIONS........................................................................ 20

ATTACHMENTS:

ATTACHMENT A – PRICING.......................................................................... 24

ATTACHMENT B – REQUIRED RESPONSE FORMS...................................... 25

ATTACHMENT C – SITE MAPS AND RESTROOM INFORMATION................. 26

ATTACHMENT D – CONTRACTOR VERIFICATION FORM............................. 27

ATTACHMENT E – BACKGROUND CHECK GUIDELINES.............................. 28

EXHIBITS:

EXHIBIT 1 – DRAFT AGREEMENT............................................................................. 29

 
 
 

GENERAL:  Please read the entire Solicitation package and all attachments before submitting a Response.  Responses must be in accordance with the provisions, specifications, and instructions set forth herein and will be accepted until the date and time the Response is due.

VENDOR QUESTIONS All questions regarding the contents of this Solicitation, and Solicitation process (including requests for ADA accommodations), must be directed solely to the Procurement Officer/Supervisor and/or the Purchasing Specialist.  Questions should be submitted in writing through the City of Mesa’s Purchasing Website Vendor Self Service portal at https://vendor.mesaaz.gov/ or by email.  Questions received less than seven (7) calendar days before the due date and time for Responses may be answered at the discretion of the City.

INSTRUCTIONS FOR PREPARING AND SUBMITTING RESPONSE:  Respondents must submit their responses electronically.  Any Respondent needing assistance or guidance using the online Vendor Self Service (VSS) portal may contact the Procurement Officer/Supervisor. Do not wait for the last day to submit a response. Start early so we can fix any issues before trying to submit a response. ALL RESPONDENTS ARE ENCOURAGED TO REVIEW INSTRUCTIONS FOR HOW TO RESPOND TO A SOLICITATION available under Download Vendor Forms in the online VSS portal. Respondents shall provide their Responses in accordance with the following form and content requirements:

Responses shall be submitted through the City of Mesa’s Purchasing Website at https://vendor.mesaaz.gov under the appropriate Solicitation opportunity.  Submissions submitted elsewhere or under the wrong Solicitation will not be considered.

Responses must be signed by an authorized representative of Respondent with the authority to bind Respondent to make such commitments to the City set forth in the Response. 

Responses should be specific to the Solicitation and present details on all requested information in a concise manner. 

RESPONSE FORMAT:

Table of Contents. Identify contents by tab and page number.

TAB 1 - Letter of Transmittal.  A brief letter of transmittal should be submitted that includes the following information:

  • The Respondent’s understanding of the work to be performed.
  • A positive commitment to perform the service within the time period specified.
  • The names of key persons, representatives, project managers who will be the main contacts for the City regarding this Solicitation.

TAB 2 - Qualifications. (Abilities, Experience, and Expertise)  The following information should be included:

  • A statement of Respondent’s qualifications, abilities, experience, and expertise in providing the requested services. 
  • A description of what qualifies Respondent, financial and otherwise, to provide the City with these services/materials for the required period of time, including information demonstrating Respondent has the appropriate staffing, necessary resources, and a history of demonstrated competence.
  • An assessment of the Respondent’s ability to meet and satisfy the needs of the City, taking into consideration the requested services, additional services and expertise offered that exceed the requirements of the Solicitation, and the Respondent’s inability to meet any of the requirements of the specifications.
  • References – A minimum of three (3) references, preferably from other public entities within the State of Arizona, for whom you have provided similar services. Include the name of the entity, contact person’s names, phone numbers, e-mail addresses, mailing addresses, type of service provided, and dates the services were provided.
  • Identification of senior and technical staff of Respondent to be assigned to the City.  Staff named in the Response may not be substituted without permission of the City.  Include in the Response resumes and relevant experience. Provide current documentation of certifications, or other industry related training and education.  Describe how your firm will assure the City that training and education for work performed under this contract will remain current.
  • Describe your experience in performing custodial services at parks, sports fields, or similar sites for government agencies of similar size, or other large entities during the last five (5) years.
  • Describe your Firm’s current overall workload.

TAB 3 - Program Description AND Method of Approach.  Clearly define the services/materials offered and Respondent’s method of approach to including, but not limited, to the following criteria:

  • Proposed Solution - Describe your understanding of the Special Terms and Conditions and Detailed Specifications.
  • Describe your action plan as well as a comprehensive description of the services that will be provided.
  • Industry Related Certifications for Contractor Personnel.
  • Provide description and sample report of firm’s employee background check process/program.
  • Describe your approach to address response times during emergency events.

TAB 4 - Pricing Forms.  The cost portion of the Response should include the following criteria:   

  • Completed Pricing (Attachment A).
  • A list of any and all additional charges not specifically listed on the Pricing Form.

TAB 5 - Other Forms.   The following forms should be completed and signed:

  • Vendor Information form
  • Exceptions & Confidential Information form
  • General Questionnaire form
  • Lawful Presence Affidavit
  • Respondent Certification form (Offer and Acceptance)
  • W-9 Form. All responses should include a fully completed, current W-9 form. Failure to include the W-9 will not disqualify your response, however, the W-9 must be submitted to the City before the execution of any contract pursuant to this Solicitation. (http://www.irs.gov/pub/irs-pdf/fw9.pdf

RESPONSE CHECKLIST:  This checklist is provided for your convenience.  It is not necessary to return a copy with your Response. Only submit the requested forms and any other requested or descriptive literature. 

  •   Response will be sent in time to be received by City before Response due date and time.

  Pricing, math double-checked, form completed and included (Attachment A)

  Required Response Forms completed and included (Attachment B)

       

  W-9 Request for Taxpayer Identification Number and Certification form completed and included (http://www.irs.gov/pub/irs-pdf/fw9.pdf)  

  Warranty information, if applicable

ADDENDA:  Any changes to the Solicitation document will be in the form of an addendum.  Addenda are posted on the City website.  Contractors are cautioned to check the Purchasing Website or the Self-Service portal for addenda before submitting their Response.  The City will not be held responsible if a vendor fails to receive any addenda issued.  The City shall not be responsible for any oral changes to these specifications made by any employees or officer of the City and Contractors are cautioned not to rely on any such changes.  Failure to acknowledge receipt of an addendum may result in disqualification of a Response.

RESPONSE OPENING: The City will open all Responses properly and timely submitted and will record the names and other information specified by law and rule.  The Response Opening will be conducted at 4:00 P.M. local Arizona time following the final SOLICITATION DUE DATE AND TIME via Microsoft Teams. No responsibility will attach to the City of Mesa, its employees, or agents for the premature opening of a Response.  All Responses become the property of the City and will not be returned.  Results, as read at the public opening, will be posted on the City website.  Responses will be available to the public in accordance with the City Procurement Rules. 

LATE RESPONSES: The Respondent assumes responsibility for having the Response submitted on time.  All Responses received after the Response Due date and time shall not be considered and will be unopened.  The Respondent assumes the risk of any delay caused by not being able to access the system. Respondents must allow adequate time to accommodate all registration and submission requirements.  It shall not be sufficient to show that Respondent attempted to submit a response before the due date and time as the Response must be received by the City.  All times are Mesa, Arizona local times.  Respondents agree to accept the time stamp in the Vendor Self Service portal as the official time. Any Respondent needing assistance or guidance using the online system may contact the Procurement Officer/Supervisor. Do not wait for the last day to submit a response. Start early so we can fix any issues before trying to submit a response. ALL RESPONDENTS ARE ENCOURAGED TO REVIEW INSTRUCTIONS FOR HOW TO RESPOND TO A SOLICITATION available under Download Vendor Forms in the online VSS portal.

RESPONSE FIRM TIME: Responses shall remain firm and unaltered after opening for 180 Days unless the time is extended or amended as agreed upon by Respondent and the City.  Examples of where an extension or amendment may be necessary include but are not limited to: (i) contract negotiations with selected Respondent; (ii) submission of a Best and Final Offer by Respondent; (iii) City needing additional time to review responses. The City may accept the Response, subject to successful contract negotiations, at any time during this period.

LOBBYING PROHIBITION:  Any communication regarding this Solicitation for the purpose of influencing the process or the award, between any person or affiliates seeking an award from this Solicitation and the City including, but not limited to, City Council, City employees, and consultants hired to assist the City in the Solicitation, is prohibited.

This prohibition is imposed from the time of the first public notice of the Solicitation until the City cancels the Solicitation, rejects all Responses, awards a contract, or otherwise takes action which ends the Solicitation process.  This section shall not prohibit public comment at any City Council meeting, study session, or City Council committee meeting.

This prohibition shall not apply to Respondent-initiated communication with the contact(s) identified in the Solicitation or City-initiated communications for the purposes of conducting the procurement including, but not limited to, vendor conferences, clarification of Responses, presentations if provided pursuant to the Solicitation, requests for Best and Final Responses (as set forth in the City Procurement Rules), contract negotiations, protest/appeal resolution, or surveying non-responsive vendors.

Violations of this provision shall be reported to the Purchasing Administrator.  Persons violating this prohibition may be subject to a warning letter or rejection of their Response depending on the nature of the violation.

LAWFUL PRESENCE IN THE UNITED STATES:  Arizona Revised Statutes § 1-501 and § 1-502 require all persons who will be awarded a contract (a Public Benefit as defined in 8 USC Section 1621) must demonstrate they are lawfully present in the United States.  A person under the statute is defined as a natural person and therefore excludes Limited Liability Companies, Corporations, Partnerships, or other similar types of business entities as indicated on a W-9 form.

Individuals (natural persons) or Sole Proprietorships must complete the affidavit in the “Required Response Forms” section of this Solicitation.  Respondents that fail to provide a completed affidavit and fail to provide the necessary documentation may be deemed non-responsive.

COMMENCEMENT OF WORK:  If a Respondent begins any billable work before the City’s final approval and execution of the contract, Respondent does so at its own risk.

RESPONSIBILITY TO READ AND UNDERSTAND:  Failure to read, examine and understand the Solicitation and any of its addenda will not excuse any failure to comply with the requirements of the Solicitation or any resulting contract, nor shall such failure be a basis for claiming additional compensation.  The City is not responsible for and will not pay any costs associated with the preparation and submission of a Response.  Respondents are cautioned to verify their Responses before submission, as amendments to or withdrawal of Responses submitted after the time specified for the opening of Responses may not be considered.  The City will not be responsible for any Respondent errors or omissions.

FORM AND CONTENT OF RESPONSES:  Responses must be submitted online through the City of Mesa’s Purchasing Website Vendor Self Service portal at https://vendor.mesaaz.gov under the appropriate Solicitation opportunity.  Physical submissions, e-mail, or fax submissions will not be accepted unless explicitly allowed by the City of Mesa Purchasing Division.  Unless otherwise instructed or allowed, Responses shall be submitted on the forms provided.  Responses, including modifications, must be submitted electronically, and signed by an authorized representative of the Respondent.  Please line through and initial rather than erase changes. Any modifications to the Solicitation must be identified in the “Exceptions” section of the required response forms. The City does not encourage exceptions. The City is not required to grant exceptions and depending on the exception, the City may reject the Response as non-responsive. The City reserves the right at its sole discretion to negotiate exceptions with a Respondent. If the Response is not properly signed or if any changes are not initialed, it may be considered non-responsive. In the event of a disparity between the unit price and the extended price, the unit price shall prevail unless obviously in error, as determined by the City.  The Response must provide all information requested and must address all points set forth in the Solicitation. 

SPECIFICATIONS:  Technical specifications define the minimum acceptable standard.  When the specification calls for “Brand Name or Equal,” the brand name product is acceptable.  The use of a brand name is for the purpose of describing the standard of quality, performance, and characteristics desired and are not intended to limit or restrict competition. If a Respondent wishes to provide a material or service that is not the brand name, the equivalent material or service must meet the standard of quality of the brand name product, which is determined at the City’s sole discretion.  Equivalent products will be considered upon showing the other product meets stated specifications and is equivalent to the brand-name product in terms of quality, performance, and desired characteristics. Products that are substantially equivalent to those brands designated will qualify for consideration.

Minor differences that do not affect the suitability of the supply or service for the City’s needs may be accepted.  Burden of proof that the product meets the minimum standards or is equal to the brand name product is on the Respondent.  The City reserves the right to reject Responses that the City deems unacceptable for any reason.

MODIFICATION/WITHDRAWAL OF RESPONSE:  Written requests to modify or withdraw a Response received by the City before the scheduled opening time for Responses will be accepted and will be corrected after the Response due date and time.  No oral requests will be allowed.  Requests must be addressed and labeled in the same manner as the Response and marked as a MODIFICATION or WITHDRAWAL of the Response.  Requests for withdrawal after the Response Due date and time will only be granted upon proof of undue hardship and may result in the forfeiture of any Response security.  Any withdrawal after the Response due date and time shall be allowed solely at the City’s discretion.

DEBARMENT DISCLOSURE:  If the Respondent has been debarred, suspended, or otherwise lawfully precluded from participating in any public procurement activity, including being disapproved as a subcontractor with any federal, state, or local government or agency, or if any such preclusion from participation from any public procurement activity is currently pending, the Respondent shall include a letter with its Response identifying the name and address of the governmental unit, the effective date of the suspension or debarment, the duration of the suspension or debarment, and the relevant circumstances relating to the suspension or debarment. If suspension or debarment is currently pending, a detailed description of all relevant circumstances must be provided by the Respondent, including the details enumerated above.  A Response from a Respondent who is currently debarred, suspended, or otherwise lawfully prohibited from any public procurement activity may be rejected.  Failure of a Respondent to disclose a debarment or suspension in accordance with this Section may result in the Response being disqualified for an award of the Solicitation.

RESERVATIONS:  The City reserves the right to reject any or all Responses or any part thereof; to re-issue the Solicitation; to reject non-responsive or non-responsible Responses; to reject unbalanced Responses; to reject Responses where the terms, prices, or awards are conditioned upon another event; to reject individual Responses for failure to meet any requirement; to award by item, part or portion of an item, group of items, or total; to make multiple awards; to waive minor irregularities, defects, omissions, informalities, technicalities or form errors in any Response; to conduct exclusive or concurrent negotiations of any terms, conditions, or exceptions taken by a Respondent or the terms of any agreement/document a Respondent would require the City to sign should Respondent be awarded a contract; and to reject Responses that are outside the City’s budgeted amount for the materials or services that are the subject of the Solicitation. The City may seek clarification of the Response from Respondent at any time, and failure to respond is cause for rejection.  Submission of a Response confers no right to an award or a subsequent contract.  The City is charged by its Charter to make an award that is in the best interest of the City.  All decisions on compliance, evaluation, terms, and conditions shall be made solely at the City’s discretion and made to favor the City.  No binding contract will exist between the Respondent and the City until the City executes a written contract or purchase order.

EXCEPTIONS TO A SOLICITATION:  Changes to the Solicitation document requested by a Respondent may not be acknowledged or accepted by the City.  Award or execution of a contract does not constitute acceptance of a changed term, condition, or specification in the Solicitation unless specifically acknowledged and agreed to by the City. The copy of the Solicitation, including all addenda, maintained and published by the City shall be the official Solicitation document.  Any exception to the Solicitation must be set forth in the “Exceptions” portion of the Response; any exceptions not indicated in the “Exceptions” portion of the Response will be deemed rejected by the City, void and of no contractual significance. The City reserves the right to: (i) reject any or all exceptions requested by a Respondent; (ii), determine a proposal non-responsive due to the exception(s) made by Respondent; (iii) enter into negotiations with a Respondent regarding any of the Respondent’s exceptions, or (iv) accept any or all of a Respondent’s exceptions outright.

COPYING OF RESPONSES:  The Respondent hereby grants the City permission to copy all parts of its Response including, without limitation, any documents and/or materials copyrighted by the Respondent.  The City’s right to copy shall be for internal use in evaluating the Response.

CONTRACTOR ETHICS:  Contractors doing business with the City shall adhere to the Procurement Ethics Standards, Article 7 of the Procurement Rules. It is the policy of the City to promote courtesy, fairness, impartiality, integrity, service, professionalism, economy, and government by law in the Procurement process. The responsibility for implementing this policy rests with each individual who participates in the Procurement process, including Respondents and Contractors.  The failure of a Respondent or Contractor to meet the ethical standards may result in the disqualification of an award under the Solicitation or the termination of a contract with the City.

To achieve the purpose of this Section, it is essential Respondents and Contractors doing business with the City observe the ethical standards prescribed herein and in the City Charter, Code Procurement Rules, and Management Policy 200.  It shall be a breach of ethical standards to:

Exert any effort to influence any City official, employee, or agent to breach the standards of ethical conduct.

Intentionally invoice any amount greater than provided in a contract or to invoice for materials or services not provided.

Intentionally offer or provide sub-standard materials or services or intentionally not comply with any term, condition, specification, or other requirements of a City contract.

GIFTS:  The City will accept no gifts, gratuities, or advertising products from Respondents or prospective Respondents and affiliates.  The City may request product samples from Respondents solely for the purpose of product evaluation.

EVALUATION PROCESS:  Responses will be reviewed by an evaluation committee comprised of City employees and/or agents authorized by the City to participate in the evaluation. The evaluation committee may utilize multiple rounds of review to determine which Respondent is most advantageous for the City to award; Respondents’ scores may be adjusted throughout the evaluation process/rounds. The City reserves the right to consider all information relevant to determining an award in the best interest of the City, including Respondents’ performance under prior contracts. The evaluation process may include but is not limited to: a review of proposal Responses, interviews, presentations, site visits, product/service demonstrations, Best and Final Offers, requests for additional information, and requests for clarification. City staff may initiate discussions with Respondents for clarification purposes; however, a request for clarification is not an opportunity for a Respondent to change the Response. A request for clarification and/or additional information from a Respondent does not guarantee clarification and/or additional information will be requested from any other Respondents. Respondents shall not initiate discussions with any City employee, agent, or official as set forth in the Lobbying section of these instructions including, but not limited to, members of the evaluation committee.

PRESENTATIONS/INTERVIEWS:  A Respondent must provide a formal presentation/interview upon request of the City.

SHORT-LISTING:  The City, at its sole discretion, may create a shortlist of the highest scored Responses based on a preliminary evaluation of the Responses against the evaluation criteria.  Only those short-listed Respondents will be invited to give presentations/interviews.  Upon conclusion of any presentations/interviews, the City will finalize the scoring against the evaluation criteria.

BEST AND FINAL OFFERS:  The City may request Best and Final Offers if the City deems necessary and the City will determine the scope and subject of any Best and Final request.  Respondents should not expect the City will always ask for Best and Final Offers.  Therefore, all Respondents must submit their best offer based on the specifications, terms, and conditions in the Solicitation.

CRITERIA FOR EVALUATION AND AWARD: 

  • The criteria that will be evaluated and their relative weights are:

Evaluation Criteria

Points

Firm’s Qualifications (Abilities, Experience, and Expertise)

Qualifications Statement, Ability to Fulfill Contract, References

Personnel Assigned to Contract (Experience, Certifications, etc.)

Experience Performing Custodial Services at Similar Types of Sites

75

Firm’s Proposed Solution / Method of Approach

Proposed Solution

Action Plan – Detailed Description of Services Provided

Plan to Meet Required Emergency and Call-Out Response Times

100

Firm’s Proposed Pricing

25

Pricing will be evaluated based on the below equation:


Lowest Proposal Cost

X Price Points Possible

= Pricing Score

Proposal Cost being evaluated


  • If less than three (3) Responses to a Solicitation are deemed responsive by the City, at the City’s sole discretion, the Responses may be evaluated using simple comparative analysis instead of any announced method of evaluation, subject to meeting administrative and responsibility requirements.
  • Each Response will be evaluated based upon responsiveness and responsibility criteria.  A failure to meet responsiveness or responsibility criteria will render a Respondent ineligible for the award of a contract under the Solicitation.
  • Responsiveness.  The City will determine whether the Response complies with the instructions for submitting a Response set forth in the Solicitation (i.e. the completeness of the Response which encompasses the inclusion of all required attachments and submissions).  Responsiveness will also be examined as it pertains to items set forth in this Solicitation that state a Respondent may be deemed non-responsive based upon the content of their Response. The City will reject any Responses that are submitted late.  Failure to meet any requirements in the Solicitation may result in rejection of a Response as non-responsive. 
  • Responsibility.  The City will determine whether a Respondent is one with whom the City should do business.  Factors the City may evaluate to determine responsibility include, but are not limited to: an excessively high or low priced Response; past performance under any agreement with the City; references from any source including, but not limited to, those found outside the references listed in the Response and City employees, agents or officials who have experience with the Respondent; compliance with applicable laws; Respondent’s record of performance and integrity (e.g. has the Respondent been delinquent or unfaithful to any contract with the City, whether the Respondent is qualified legally to contract with the City, financial stability and the perceived ability to perform completely as specified).  A Respondent must at all times have financial resources sufficient, in the opinion of the City, to ensure the performance of the contract and must provide proof upon request.  City staff may also use Dun & Bradstreet or any generally available industry information to evaluate the Respondent.  The City reserves the right to inspect and review Respondent’s facilities, equipment, and personnel and those of any identified subcontractors. The City will determine whether any failure to supply information or the quality of the information, will result in Respondent being deemed non-responsible.
  • Respondents who have a Transaction Privilege Tax license for Mesa and who, if awarded a contract, would charge the City TPT to be paid to Mesa, will have 2.00% removed from the taxable item(s) from the price set forth in the Response for the purpose of award evaluation.  The awarded Respondent shall however charge the full amount of tax on their invoice(s).

This consideration does not apply to:

Construction procurements or any other procurement done using Arizona Revised Statutes Title 34 processes.

Purchases using federal or other funds where the agreement that provided the funds precludes any local consideration or preference.

COST JUSTIFICATION:  In the event, only one Response to the Solicitation is received, the City may require the Respondent to submit a cost offer in sufficient detail for the City to perform a cost/price analysis to determine if the Response price is fair and reasonable.

CONTRACT NEGOTIATIONS AND ACCEPTANCE:  Respondent must be prepared for the City to accept the Response as submitted.  If Respondent fails to sign all documents necessary to successfully execute the final contract within a reasonable time as specified, or negotiations do not result in an acceptable agreement, the City may reject the Response or revoke the award and may begin negotiations with another Respondent.  Final contract terms must be approved or signed by the appropriately authorized City official(s).  No binding contract will exist between the Respondent and the City until the City executes a written contract or purchase order.


NOTICE OF INTENT TO AWARD:  Notices of the City’s intent to award a contract are posted to the Purchasing Division’s website before 6:00 P.M. local Arizona time at least seven (7) calendar days before award.

  • It is the Respondent’s responsibility to check the City of Mesa’s Vendor Self Service portal at https://vendor.mesaaz.gov/ to view Purchasing’s Intent to Award notices.  This may be the only notification you will receive regarding the City’s Intent to Award a contract related to this Solicitation.

PROTESTS AND APPEALS:  If a Respondent or any person believes there is a mistake, impropriety, or defect in the Solicitation, believes the City improperly rejected its Response or believes the selected Response should not receive the City contract based upon a fact supported issue with the Solicitation or selected Respondent or otherwise protests the award to the Respondent, the Respondent may submit a written protest.  All protests and appeals are governed by the City Procurement Rules (“Procurement Rules”).  The rules surrounding protests and appeals may be found in Section 6 of the Procurement Rules which are located on the Purchasing Division website at http://mesaaz.gov/business/purchasing. Please see the Procurement Rules for more information on the submission of a protest and corresponding appeal rights; if there exist any discrepancy in this Section and the Procurement Rules, the language of the Procurement Rules will control. 

ADDRESS PROTESTS TO:                               ADDRESS APPEALS TO:

Kristy Garcia                                                     Edward Quedens

Procurement Administrator                                Chief Procurement Officer

20 East Main Street, Suite 450                           20 East Main Street, Suite 450

PO Box 1466                                                     PO Box 1466

Mesa, Arizona 85211-1466                                 Mesa, Arizona 85211-1466

Fax: (480) 644-2655                                           Fax: (480) 644-2687

Email: Kristy.Garcia@MesaAZ.gov                     Email: Ed.Quedens@MesaAZ.gov

POLICY DOCUMENTS:  The City of Mesa Charter, Code, Procurement Rules, and Management Policy 200 govern this procurement and are incorporated as a part of this Solicitation by this reference.  A copy of these documents may be found on Mesa Purchasing Division’s website at www.mesaaz.gov/business/purchasing.


 

These Special Terms and Conditions and Detailed Specifications will be compiled into any resulting contract as Exhibit A.

DEFINITION OF TERMS: For the purpose of these specifications, the following words and terms shall be defined as hereinafter set forth:

  • "Agreement" shall mean this contract with the City of Mesa for Custodial Services.
  • "City" shall mean the City of Mesa, Arizona, its officers, employees, or representatives.
  • "Contract Boundaries" shall mean the area within the perimeter of each individual contract service area described and listed in this original agreement or later added by change order.
  • "Contractor" shall mean the person, corporation, or partnership contracted to perform custodial/janitorial services under this Agreement.
  • "Debris" shall mean all litter, rubbish, leaves, sand, dirt, garbage, and other foreign material removable from within the contract boundaries.
  • "May" shall mean permissive.
  • "Should" shall mean expected.
  • "Shall" shall mean mandatory.
  • "Landscape" shall mean all plant life and the surface or earth that it is growing in or may grow in, which is within the boundaries of specific grounds covered by this contract.
  • "Grounds" shall mean all developed or undeveloped dedicated public right-of-way and other City owned property within the existing or future corporate limits of the City of Mesa. These "grounds" may include landscaped areas adjacent to City buildings or facilities, parks, retention basins, parkways, medians, or other lands proposed for future development by the City.
  • "Extra Work" shall mean any work the City requests the Contractor to perform which is either outside the contract boundaries or does not conform to the definition of "Routine Work" required by these Detailed Specifications section of this contract.  All authorized and approved Extra Work performed under this contract shall be paid at the rates specified for labor, services and supplies used.
  • "Routine Work" shall mean all work tasks/requirements described in the Detailed Specifications Section of this contract for each site, or those added by change order.
  • "Emergency Response Work" shall mean any work the City requests the Contractor to perform which is in response to an immediate hazard or other emergency as determined by the City.  The Contractor must be available to commence work within one hour of receiving the City's request. 
  • "Hard Surface Area" shall mean any area other than those where the surface of the ground is covered with grass, plants, rock products, soil or any combination of these items.
  • “Landkey” shall mean all area within the contracted boundaries of a specific site.
  • Seasonal Hours” shall mean the operational hours and/or schedule which the Parks, Recreation, and Community Facilities (PRCF) - Parks Maintenance Division utilizes.
  • October 1 – April 30: 6:00 AM – 2:30 PM
  • May 1 – September 30:  5:00 AM – 1:30 PM
  • “Corrective Work” shall mean any required routine work tasks the City finds to be incomplete, deficient, or unsatisfactory that must be rectified by the Contractor. 
  • “Withholding Notice” a notice used to inform the Contractor of unsatisfactory work performance, correction time limits, and deduction amounts if not satisfactorily resolved.   
  • “Release” is the notice issued to the Contractor that demonstrates Withholding deficiencies have been corrected to the City’s satisfaction.
  • “Deduction” shall mean money that is deducted from the Contractor’s invoice as a result of unsatisfactory performance of services that were not satisfactorily corrected.
  •  “Non-performance Fee” shall mean a predetermined amount of money that must be paid as damages for failure to perform under a contract.

DETAILED SPECIFICATIONS: Unless otherwise specified, service for routine contract pay items and special work items shall include furnishing all labor, supervision, equipment, tools, fuel, materials (unless provided by the City in accordance with these documents), insurance, bonding, and all other items incidental thereto which are necessary to perform the work as specified.  The Contractor shall provide a yard for parking, maintenance, and storage of supplies and equipment at a site other than on City property and at no added cost to the City.

ADDITIONS AND DELETIONS: The City may add and/or delete maintenance areas at any time by change order.  The Contractor will be paid for all approved services satisfactorily completed. The City reserves the right to utilize the prices and services originally proposed for future award recommendations. Pricing for areas added to the contract shall be consistent with pricing for other comparable contract sites.

VANDALISM AND VEHICLE ACCIDENTS: If an accident occurs within the contract boundaries or on adjacent property or public right of way, the Contractor shall report the accident to the City within two (2) working hours of discovery.  All cases of vandalism shall be reported to the City immediately.  The City will review the situation and determine the appropriate course of action.

DISPOSAL OF DEBRIS, TRASH, OR OTHER WASTE: All debris, trash or other waste that is accumulated or generated from the work performed under this agreement shall be removed from the Contract Sites. Using City waste receptacles are prohibited. The transport and disposal of said materials shall follow all federal, state, county, and City laws and regulations.

The Contractor is solely responsible for any disposal fees (dumping charges), incurred due to routine work.  Fees for disposal of debris accumulated from extra work or emergency response work shall be listed as “Extra” or “Emergency Response Work” on the invoices as a separate item to be reimbursed by the City.  The disposal must be at an authorized landfill.  Disposal costs greater than the areas current fee range will be the responsibility of the Contractor. A copy of the disposal fee invoice must be submitted with the extra work invoice to receive payment.

CONTRACTOR/CITY COMMUNICATIONS:

6.1     Local Office. Throughout the period of this contract, the Contractor shall establish and maintain a local office and an authorized managing agent.  The local office shall be within a one (1) hour drive time from the contract area.

Contractor's local managing agent shall serve as the point of contact for dealing and communicating with the City.  Upon City request, the General Manager, President, or their designee shall meet with City representatives within twenty-four (24) hours of receiving notice.

6.2     City Contact. The Contractor's primary contact will be the PRCF Landscape Coordinator or authorized City representative in all matters pertaining to change orders, invoice authorization, schedule approvals or daily performance of this contract.  The City's official representatives for overall contract administration are listed on page 1, Notice.

6.3     Field Supervisor. The Contractor shall furnish one (1) qualified field supervisor that speaks, reads and writes in English. The field supervisor shall oversee the work of their cleaning staff, perform daily inspections, shall be available to meet with and submit inspections and daily work reports to the City when requested by the City’s representative (Monday thru Friday).

Field Supervisors shall not perform routine custodial cleaning duties, but should be available to manage staff, respond to deficiencies and emergency callouts, inspect work of field staff, complete and submit daily paperwork to the City.  Additionally, the Field Supervisor shall not also function as a crew leader or foreman and shall have separate transportation to be able to move independently between jobsites.

The Field Supervisor may not supervise other contracts unless approved by the City.

The Contractor shall provide the Field Supervisor a mobile telephone device with voice calling, text, company email, and photo capabilities for the purpose of communicating with City.  The device must be kept in operational condition.

Contractor shall provide a daytime contact to address complaints as they arise.

CONTRACTOR'S EMPLOYEES: The awarded Contractor shall supply proper levels of manpower, equipment, and supplies to perform work to acceptable standards in the required timeframes.

7.1     Identification. All Contractor staff assigned to work under this contract shall be cleared through the City’s background check process, have a City issued security badge visibly displayed, and be in company uniform bearing the Contractors name upon commencing work.

Contractor personnel assigned to this contract may be required to be fingerprinted in conjunction with a background check through the City of Mesa.  All expenses related to this process will be paid by the City of Mesa.

City security/identification badges issued to Contractor personnel are City property that shall be returned to the City upon termination/separation of employment, or at the end of contract term.  Failure to do so will result in Non-Performance Fees being deducted from the billing cycle immediately following the incident.

Only Contractor employees authorized by the City are allowed on contract sites while performing services.  Individuals not authorized by the City (friends, acquaintances, family members, assistants, etc.) are prohibited (Attachment D).

7.2     Driver's License. Employees driving the Contractor's vehicles shall, at all times, possess and carry a valid vehicle operator's license issued by the State of Arizona, the class of which shall be appropriate for the vehicles operated, in accordance with State law.

7.3     Conduct. Contractor personnel (employees and/or officers) shall not identify themselves as being employees of the City of Mesa.  They shall conduct themselves in such a manner as to avoid embarrassment to the City of Mesa.  Additionally, it is expected that all interactions with the public or City officials be professional and courteous.  In the event of difficulty with the public or City officials, the City shall be notified immediately.

The Contractor shall prohibit its employees from using any substances (drugs, alcohol, etc.) that may cause impairment while performing their duties under this contract.  Contractor staff suspected of being impaired shall be immediately removed from performing work under this contract.

Contractor employees that exhibit poor conduct, as determined by City, shall be removed from the contract upon the City’s request.

The Contractor shall be liable for any damages or losses caused by its employees, equipment, or agents during the agreement period.

7.4     List of Employees. The Contractor shall submit a list of all employee names who will perform work under this contract (Attachment D) no later than ten (10) business days prior to the start date of the contract.  The list must include full name, driver's license number with expiration date, job title, and relevant certifications. Changes to the employment list shall be reported to the City within twenty-four (24) hours with an updated list provided at least monthly.  Failure to submit lists as stated shall be subject to Non-Performance Fees as set forth in Special Terms and Conditions Section 14.0.  Repeated failures may result in a Notice of Default.

7.5     Communications Skills. Supervisors and at least one (1) crew member of each work crew shall be proficient enough in the English language to receive/transmit oral or written instructions, interpret chemical washing labels and otherwise communicate with City representatives.

7.6     Keys. The Contractor will be supplied the following sets of keys: One (1) set for each Field Supervisor overseeing crews performing work and one (1) set for each crew leader assigned to the contract. Lost keys shall be immediately reported to the City by the Contractor.  Replacement keys will be provided by the City in accordance with the Non-Performance Fee Table, Section N.

If it is determined by the City that locks must be rekeyed or replaced, the Contractor will be assessed the actual costs as outlined in the Non-Performance Fee Table, Section O.

CONTRACTOR'S EQUIPMENT:

8.1     Vehicles and Equipment. The Contractor shall submit to the City prior to the start of the contract and keep up-to-date for the duration, its inventory of vehicles and equipment that will be used. All vehicles and equipment are to be maintained in good repair, both mechanically and in appearance.

The City reserves the right to inspect the Contractor's vehicles at any time to ascertain said condition.

Contractor vehicles that cause damage (turf or irrigation system, leaking fluids on concrete or other hard surface areas, etc.) may be subject to actual repair and/or cleanup costs. Non-Performance Fees may also apply.

8.2     Vehicle Identification. All Contractor vehicles used under this agreement must be clearly identified with the name of the company, assigned vehicle number, and phone number of the local office on each side of the vehicle, i.e., driver side, passenger side, and back of vehicle.  Contractor vehicles shall have amber strobes in use on the roof of service vehicles while on Parks properties.

8.3     Vehicle Use and Access. The Contractor shall access each site as shown on the maps provided by the City.  Designated access points, pathways, and parking areas are generally the least likely to cause damage and it is expected that they be used.  Departing from these approved instructions will result in Non-Performance Fees, and additional repair costs shall be the responsibility of the Contractor if damage occurs.

Vehicles that are not specifically designed for turf maintenance, such as pick-up trucks, front loaders, etc., shall not be permitted to enter a turf, xeriscape, or natural habitat area from a perimeter roadway, pathway, or parking lot, without the prior approval of the City.  Parking on sidewalks shall be restricted.  The Contractor will not at any time be allowed to park on a sidewalk adjacent to any Arterial or Major Collector Street without providing appropriate barricading or traffic control (per Traffic Barricading Manual), to allow Pedestrian traffic a safe route around vehicles. The Contractor will repair any damage caused by entering these areas at no cost to the City of Mesa.

During the day-to-day performance of work under this contract, the Contractor shall make every reasonable effort to ensure their vehicles do not enter the Critical Root Zone (CRZ) of City trees.  Tasks that may require a vehicle to operate within the CRZ shall be performed with the utmost care, to minimize the impact.  The City shall be notified prior to entering the CRZ.

The CRZ is equal to three feet (3’) outside the dripline or one foot (1’) radially from the tree for every one (1) inch of trunk diameter at the breast height, whichever is greater.  The intent of this requirement is to eliminate unnecessary compaction of the soil within the CRZ of trees and palms.

SCHEDULING OF WORK:

9.1     Routine and Extra Work Schedule. Ten (10) business days before the start of the initial contract term and annually prior to each renewal term, the Contractor shall submit to the City a proposed Annual Service Schedule detailing how work will be completed for each site.  Monthly, not later than the 25th, a service schedule shall be submitted that includes any changes or updates.  The City will review and approve the schedules submitted and reserves the right to demand reasonable changes or adjustments or to reject the entire proposed schedule if it can be shown that it is not in the best interest of the City.

9.2     Work Hours/Holiday Schedule. All restrooms serviced under this agreement are to be cleaned daily (including holidays) between the hours of 10:00pm and 6:00am. Pioneer Park 2nd cleaning is to be performed between 1:00pm and 2pm daily. Cleaning will be scheduled and performed in such a way that is does not disrupt any function in a City facility. Sports Field restroom cleaning shall be performed prior to the commencement of reserved activities. Weekly schedules will be submitted to the contractor for notification of reservations.

The Contractor will provide additional custodial services for special events or for other extra cleaning within twenty-four (24) hours of the City’s request.  Extra work shall be invoiced separate from routine services and shall be in accordance with the established Extra Work rates (see Attachment A).

On the holidays listed herein the Contractor shall leave parks (NOT SPORTS FIELDS) restrooms unlocked following service.

A.      New Year's Day – January 1

B.      Martin Luther King Day - Third Monday in January

C.      Presidents’ Day - Third Monday in February

D.      Memorial Day - Last Monday in May

E.      Independence Day - July 4

F.      Labor Day - First Monday in September

G.      Veterans’ Day - November 11

H.      Thanksgiving Holiday - Fourth Thursday and the following Friday in November

I.       Christmas Day - December 25

CONDITION OF SITE AT BEGINNING AND END OF CONTRACT:

10.1   Conditions at Beginning of Contract: Within two (2) weeks of the Contractor receiving the Notice of Intent to Award from the City, the Contractor shall perform condition inspections of all sites awarded and submit a written report documenting the findings, including issues that may adversely affect being able meet specifications.

The determination and disposition of all items listed shall be the responsibility of the City and the City's decision shall be final and binding upon the Contractor

All repairs to preexisting conditions deemed necessary and authorized by the City, shall be made within thirty (30) days of approval.

10.2   Conditions at End of Contract: No later than six (6) weeks prior to this contract termination date, the City and the Contractor will make a final inspection to determine the condition of all areas.  Items found to be improperly maintained by the outgoing Contractor will be fully corrected at no cost to the City, prior to the last two (2) weeks of the Contract.  If not fully corrected within two (2) weeks of the end of the contract, the City will arrange for repairs to be made and the costs for making repairs to the areas will be deducted from final payments to the outgoing Contractor.  The same will apply even if the current (outgoing) Contractor has been awarded a new contract for the same areas.  The last payment shall be that which is due for all work completed during the final forty-five (45) days of the contract.

COMPENSATION:

Payment. Payment will be made on a monthly basis within thirty (30) working days after receipt of an itemized invoice from the Contractor and acceptance of the work by the City, less any deductions or assessments as described.  Monthly invoices are requested to be submitted on or before the 10th of each month for the preceding month.

Any and all work for which a complete and accurate invoice is not received by the City within forty-five (45) days of completion shall not be paid.

Payment for work in any given area will be upon completion and acceptance by the City for the entire Landkey group quantity for any given task.  An area is defined as the entire Landkey group.  No partially completed task within a Landkey Group will be considered for payment.

At the City's request, the Contractor shall submit copies of payroll reports.  Payroll reports shall include names of employees, hours worked, days worked, location worked, and classification for all employees who performed the work.

The amounts invoiced shall be those agreed upon by this contract or by change order to the contract.  The unit price shall include all labor, materials (unless supplied by the City), equipment, overhead, profit, and any other incidental costs to perform the contracted maintenance.

Deductions to Payments Due:  The City shall establish the payment amount.  If the Contractor fails to perform the work in accordance with the contract, the City may hold part or all payments due to the Contractor.  Payment may be withheld (never paid) if the Contractor fails to perform or fails to satisfactorily correct poor performance within the Correction Time Limit Schedule. Deficiencies resolved within acceptable time limits and to the City’s satisfaction will be released for payment.

The City may determine it is necessary to hire an outside contractor to perform work that was not or could not be corrected to the City’s satisfaction by the primary Contractor.  The City shall withhold the cost of such outside services in the billing cycle immediately following the incident.

Failure to correct areas identified as deficient by the City within the limits of this correction time limit schedule, unless written extensions have been authorized, may result in cause for termination of the contract in accordance with provisions of this document.

CORRECTION TIME LIMIT SCHEDULE

(Time starts upon receipt of notification)

Emergency Response Work

One (1) Hour Response – Complete ASAP

Unsatisfactory Daily Cleaning 

Two (20 Working Hours

Submission of Schedules, Work Plans and/or Daily Reports

One (1) Working Day



Payment Requests, Work Reports, and Re-inspection. Daily, the Contractor shall submit to the City by email, a detailed report of work items completed during the most recent shift. The report will be due on or before 9:00am following the most recent shift of the same day.  Partially completed routine pay items are not to be listed.  Late submittal of reports or inclusion of incomplete tasks may result in a re-inspection fee charge.

Extra Work and including a status of Emergency Response items shall be reported daily on the provided form, whether complete or not.

The City will inspect the work listed and approve or disapprove each item for payment.  Items found to be incomplete or deficient in workmanship will be noted and a withholding notice issued to the Contractor. The withholding notice will be considered official notification of deficiencies.  Additional information concerning the specifics of the deficiency will be given to the Contractor upon request. Deficient or incomplete work must be corrected in accordance with Special Terms and Conditions paragraph 11.1A. 

If after a second inspection by the City, the City Inspector again finds serious deficiencies, or incompleteness, a $50.00 re-inspection fee will be assessed for each area found in this condition.  Accumulated re-inspection fees will be deducted from the Contractor’s monthly payment.

The work report forms shall be used by the Contractor in the preparation of payment requests.  A consolidated worksheet must be submitted with the Contractor's invoice.  Invoices must be numbered and shall reference each work report attached by listing the work report number and/or date and billed amount. All contractor submitted paperwork must contain a company logo.


Extra Work. All “Extra Work” ordered in the contracted area shall be compensated for in accordance with the established Extra Work Rates found in Attachment A.  Extra or Emergency Response Work shall be billed separate from routine services.

The Contractor shall not perform any Extra Work until authorization is obtained from the City.  This authorization will be in the form of a work order authorization form.  All extra work shall commence at the date and time agreed upon, except Emergency Response Work that requires a one (1) hour response/commencement.  Extra work performed without authorization may not be paid.  The Contractor is not guaranteed exclusive rights to perform extra work that may be required.  The City reserves the right to obtain competitive quotations or otherwise select the most appropriate Contractor for performing extra work.

EMERGENCY RESPONSE: The Contractor shall respond to the site where the emergency exists within one (1) hour of receiving notification from the City.  Responding staff must be properly trained in the handling and disposal of Biohazardous Materials (body fluids), and shall be in compliance with all applicable laws, regulations, and procedures.  Failure to respond shall be considered a default of Contract.  Repeated failures are subject to termination as set forth in Exhibit C: Mesa Standard Terms and Conditions.

The Contractor shall provide the City the names and phone numbers of employees who will respond to "Emergency" situations.  The City shall also be kept informed of the name of the specific person assigned to respond on any given day.

Payment for "Emergency Response" shall comply with the contract rates in Attachment A.  However, if the emergency was caused by the Contractor's failure to adequately perform "Routine" or "Extra" work, no compensation shall be made for responding to the emergency.  The City shall make the determination whether payment is due after reviewing the "Daily Work Report" and the work performed.

OFFICIAL ADDRESSES AND TITLES: The official City representative and overall Contract Administrator is the Business Services Dept. Director, whose address is; City of Mesa Purchasing, 20 E. Main Street, Suite 450 (85201), P. O. BOX 1466, Mesa, Arizona 85211‑1466.  This person is authorized to approve change orders to the contract.

NON-PERFORMANCE GUARANTEES: It is the City's expectation that all restrooms serviced under this agreement be maintained in a consistently clean and sanitary manner that is well stocked and available for patron use. If tasks are omitted or not satisfactorily completed, public health, safety and welfare are compromised, the Contractor and City agree upon the following schedule of non-performance fees to be deducted from monies due or to become due to the Contractor.  These sums are fixed and agreed upon, not as a penalty, but because the parties agree that the actual loss to the City and to the public caused by the omission of work or substandard performance is impractical and extremely difficult to ascertain.

 

NON-PERFORMANCE FEE TABLE

SITUATION

DEDUCTION AMOUNT

A.       Failure to respond to emergency calls within the specified time limits. (Special Terms and Conditions Sec. 12)

$100 per site/emergency

B.        Failure to correct deficiencies within the time allowed in the Correction Time Limit Schedule. (Special Terms and Conditions Sec. 11.1)

$100 per site/day

C.       Failure to start "extra work" on the date agreed or withdrawing from the job prior to completion without authorization from the City. (Special Terms and Conditions Sec. 11.3)

$100 per day plus the City has the right to re-award and charge any increased difference to the Contractor.

D.    Failure to start and satisfactorily complete routine work within contract or schedule requirements. (Special Terms and Conditions Sec. 9.2)

$100 per site/day

E.     Illegal or non-conforming waste disposal.    (Special Terms and Conditions Sec. 5.0)

$100 per site/day

F.     Failure to attend meetings, submit reports, or schedules within the dates and times required. (Special Terms and Conditions Sec. 6.3)

$100 per occurrence

G.     Field supervisor performing labor without City authorization or not being available during working hours to address problems, do field inspections, and/or meet with City representatives. (Special Terms and Conditions Sec. 6.3).

$100 per occurrence

H.     Failure to meet identification requirements of contract, either person or vehicle (Special Terms and Conditions Sec. 7.1 and 8.2)

$100 per occurrence

I.      Failure to comply with Parking Restrictions on Arterial and Major Collector Streets, and/or failure to provide alternative pedestrian route around work areas when parking on or blocking sidewalks.                                                   (Special Terms and Conditions Sec. 8.3)

$100 per occurrence

J.      Failure to return City issued badges of past employees. (Special Terms and Conditions Sec. 7.1)

$100 per incident/employee

K.  Failure to comply with List of Employees requirements. (Special Terms and Conditions Sec. 7.4)

$100 per occurrence

L.     Failure to comply with environmental regulations or wasting resources.

$100 per occurrence

M.     Damage caused by Contractor to City property (turf and/or irrigation systems, vehicle fluids leaking, etc., Special Terms and Conditions Sec. 7.3 and 8.1)

$100 per occurrence/actual repairs costs may also apply

N.     Lost Keys.  (Special Terms and Conditions Sec. 7.6)

$50 per key

O.     Lock change or re-key required due to Contractor’s loss of keys. (Special Terms and Conditions Sec. 7.6)

Actual Costs

P.     Use of chemical cleaners not on approved list, or misuse or improper handling, storage, or disposal (including wastewater) of these items. (Detailed Specifications Sec. 17.1.E.1)

$100 per occurrence

Q.     Failure to keep SDS sheets current and available for use. (Detailed Specifications Sec. 17.1.E.1)

$100 per occurrence

R.     Failure to report vandalism, damage, or maintenance issues. (Detailed Specifications Sec. 17.1.E.5-6)

$100 per occurrence

QUALITY STANDARDSThe instructions, requirements, and specifications found herein are the minimum standards that are acceptable to the City.  Upon inspection, the facility shall appear clean, sanitized, trash emptied, and have paper products restocked.

Quality Control and Reporting.

The Contractor shall ensure all work hereunder be performed in a satisfactory manner and in accordance with contract specifications. The Contractor's supervisory personnel shall perform frequent and systematic inspections of all premises on which services are provided to assure a high quality of work by the Contractor's employees.

The City shall perform contract compliance inspections on work the Contractor submits or reports as complete. Deficiencies identified will be handled as outlined in the Special Terms and Conditions Sections 11 and 14.

MINIMUM QUALIFICATIONS:  The City of Mesa (COM) shall determine which Offerors meet the minimum qualifications to conduct the desired services. Offerors are required to have previous experience in providing custodial services to government agencies or customers of similar size. The requirement can be met if one or more of the principals, partners or corporate officers have the equivalent experience while in a senior management position with another firm. Offerors are responsible for acquainting themselves with the park and sports fields within the scope of this proposal, as listed in Attachment C.

 
 
 

REQUIREMENTS:  Contractor shall provide City of Mesa Parks and Sports Field patrons safe, clean (floor to ceiling), and sanitary restroom facilities that are free from trash and debris and are sufficiently stocked with soap and paper goods.

  • Daily Tasks:

Floors.

Sweep all floors and adjacent walkways within a ten (10) foot radius of the restroom facility entrance and remove all sweepings.

All interior floors shall be cleaned, mopped, and disinfected.  Excess water shall be removed (swept, squeegeed, etc.) from all surfaces. In restrooms with conventional drywall, caution should be taken to protect against water damage.  Each facility has accessible hose bibs.  Failure to close/turn off completely will result in Non-Performance Fees.  Broken or leaking hose bibs, fixtures, etc. shall be reported on the daily work report.

Floor drains shall be kept clean, clear, and sanitary daily. Disinfectant treatments of floor drains shall be completed at least weekly.

Dumping mop buckets anywhere other than floor drains or toilets is prohibited and will result in Non-Performance Fees.

Doors, Partitions, Walls, Ceilings. Clean and sanitize all doors, partitions, walls, and ceilings.

Doors surfaces, handles, jambs, frames, structure and partition walls shall be thoroughly cleaned and sanitized with a disinfectant solution.  There shall be no spots or streaks remaining after cleaning.

Walls may be constructed of tile, cement block, or other building materials. The Contractor shall use the methods necessary to produce a clean surface and to remove deposits in corners, on edges, and around fixtures.

Tile baseboards and other ceramic tile surfaces shall be maintained as walls. Grout discoloration and build-up of dirt in corners will not be considered satisfactory levels of service.

Ceilings require daily inspection and may need to be cleaned and sanitized.  Spider webs and tissue stuck to the ceilings are the most common problems.

Fixtures, Window, Mirrors, and Equipment.

Clean all fixtures and equipment.

Chrome or stainless-steel fixtures and equipment shall be kept free from corrosion, stains, graffiti, and foreign matter.

Sanitary napkin holders must be emptied, cleaned, and the bag changed daily. Liners must be wax coated and sized to fit existing holders. Contractor shall supply liners.

Clean and/or polish mirrors.

Windows shall be cleaned inside and out.  All vents, louvers and interior surfaces of skylights shall be cleaned and kept free of debris.

Toilet, Urinals, and Sinks.

Use approved cleaning solutions and disinfectants to clean and sanitize the following surfaces daily.  All surfaces shall be wiped dry.

Toilets (all surfaces and handles)

Urinals (all surfaces and handles)

Wash basins and counters

Divider and stall partitions

Doors and kick plates

Light switches and switch cover

Handles, doorknobs, chrome fixtures

Dispensers and hand dryers

Sanitary napkin/tampon receptacles

Trash receptacle interior/exterior surfaces (Riverview Baseball Quad)

Hand dryers


To avoid cross contamination, tools, equipment, or cloths/rags used for cleaning toilets and urinals shall not be used for any other purpose.

Use appropriate chemicals, brushes and pumice stone to remove stains, streaks, film, mildew and other deposits from toilet, urinal, wash basin, and partition surfaces.  This shall be done to continuously maintain a clean appearance and a sanitary, odor-free condition. All surfaces shall be wiped dry to help avoid streaks and spotting from hard water deposits.

General Maintenance Items.

Supplies, materials, equipment to be used by the Contractor to complete services under this agreement shall be approved by the City. Safety Data Sheets (SDS) shall be available upon request.

All paper products shall be kept to the following levels.

Double roll toilet paper dispensers shall be maintained with a minimum quantity of paper equal to one (1) and one-half (1/2) rolls. Jumbo-roll and single-roll dispensers shall be maintained full. Partial rolls replaced by full rolls may be used in other dispensers if less than half used.  Rolls with less than half of the tissues remaining shall be returned to the Parks Maintenance Shop.  All paper shall be locked in place.

Remove all graffiti that may be removed by conventional removal methods.  Conventional removal methods include scrubbing, use of graffiti removal products, soap, or other cleaners. Sanding, painting, or scraping of surfaces are nonconventional methods and not within the scope of this contract. If the Contractor does not have a graffiti removal product or method to adequately remove most graffiti, the Parks Department may make recommendations.

When the Contractor cleaning crews find toilets or urinals clogged or containing foreign objects, reasonable efforts shall be made to clear the blockage by hand, using a rubber toilet plunger, or closet auger.  If unsuccessful, the toilet or urinal shall be taken out of service by bagging the fixture and attaching an Out of Order sign.  The status of the facility shall then be reported to the City on the Daily Work Report.  Failure to report the condition or have the tools needed to resolve these types of problems, may result in Non-Performance Fees.

Damage, vandalism, non-removable graffiti, broken lights, damaged walls, clogged toilets or urinals, sinks, drains, hazards, etc., shall be reported by the Contractor on the daily work report.  Safety hazards must be managed in the following manner:

Attempt to make safe

If inside restroom facility, close and lock until Parks Maintenance can respond.

Outside of the City’s normal business hours or on holiday, call the Parks standby phone (480) 710-0334 to report issue.

  • Additional Alternate Bid Items: The additional alternate bid may be included in the overall contract if budget allows.


TERM: This Solicitation is for awarding a firm, fixed price purchasing contract to cover a three (3) year term.

RENEWALS:  On the mutual written agreement of the Parties, the Term may be renewed up to a maximum of two (2) years.  Any renewal(s) will be a continuation of the same terms and conditions as in effect immediately before the expiration of the then-current term. 

EXTENSIONS:  Upon the expiration of the Term of the Agreement, including any renewals permitted herein, at the City’s sole discretion the Agreement may be extended for a maximum of six (6) months to allow for the City’s procurement processes in the selection of a vendor to provide the services/materials under this Agreement.  The City intends to notify the Contractor in writing of its desire to extend the Agreement at least thirty (30) calendar days before the expiration of the Term.  Any extension will be a continuation of the same terms and conditions as in effect immediately before the expiration of the then-current term.

PRICING: 

Prices.  All pricing shall be firm for the Term and all extensions or renewals of the Term except where otherwise provided in this Agreement and include all costs of the Contractor providing the materials/service including transportation, insurance, and warranty costs.  No fuel surcharges will be accepted unless allowed in this Agreement.  The City shall not be invoiced at prices higher than those stated in the Agreement.

The Contractor further agrees that any reductions in the price of the materials or services covered by this Agreement will apply to the undelivered balance.  The Contractor shall promptly notify the City of such price reductions.

No price modifications will be accepted without proper request by the Contractor and response by the City’s Purchasing Division.

Price Adjustment.  Any requests for reasonable price adjustments must be submitted in accordance with this section.  Requests for adjustment in the cost of labor and/or materials must be supported by appropriate documentation.  There is no guarantee the City will accept a price adjustment therefore Contractor should be prepared for the Pricing to be firm over the Term of the Agreement.  The City is only willing to entertain price adjustments based on an increase to Contractor’s actual expenses or other reasonable adjustments in providing the services/materials under the Agreement. If the City agrees to the adjusted price terms, the City shall issue written approval of the change.

During the sixty (60) day period before Contract expiration date of the Agreement, the Contractor may submit a written request to the City to allow an increase to the prices in an amount not to exceed the twelve (12) month change in the Consumer Price Index for All Urban Consumers (CPI-U), US City Average, All Items, Not Seasonally Adjusted as published by the U.S. Department of Labor, Bureau of Labor Statistics (http://www.bls.gov/cpi/home.htm). The City shall review the request for adjustment and respond in writing; such response and approval shall not be unreasonably withheld.

Renewal and Extension Pricing.  Any extension of the Agreement will be at the same pricing as the initial Term.  If the Agreement is renewed in accordance with Section 6, pricing may be adjusted for amounts other than inflation that represent actual costs to the Contractor based on the mutual agreement of the parties.  The Contractor may submit a request for a price adjustment along with appropriate supporting documentation demonstrating the cost to the Contractor.  Renewal prices shall be firm for the term of the renewal period and may be adjusted thereafter as outlined in the previous section. There is no guarantee the City will accept a price adjustment.

TYPES AND AMOUNTS OF INSURANCE:  Insurance requirements are detailed in the Agreement document.  Contractor must obtain and retain throughout the term of the Agreement, at a minimum, the following:

Worker’s compensation insurance in accordance with the provisions of Arizona law.  If Contractor operates with no employees, Contractor must provide the City with written proof Contractor has no employees.  If employees are hired during the course of this Agreement, Contractor must procure worker’s compensations in accordance with Arizona law.

The Contractor shall maintain at all times during the term of this contract, a minimum amount of $3 million per occurrence/$5 million aggregate Commercial General Liability insurance, including Products and Contractual Liability.  For General Liability insurance, the City of Mesa, their agents, officials, volunteers, officers, elected officials, or employees shall be named as additional insured, as evidenced by providing an additional insured endorsement.

Automobile liability, bodily injury, and property damage with a limit of $1 million per occurrence including owned, hired, and non-owned autos.

Before the execution of the Contract, the Contractor shall provide the City with a Certificate of Insurance (using appropriate ACORD certificate) SIGNED by the Issuer, applicable endorsements, and the City reserves the right to request additional copies of any or all of the above policies, endorsements, or notices relating thereto. 

When the City requires a Certificate of Insurance to be furnished, the Contractor's insurance shall be primary of all other sources available.  When the City is a certificate holder, the Contractor agrees that no policy shall expire, be canceled, or materially changed to affect the coverage available without advance written notice to the City.

“Waiver of Subrogation".  The policies required by this agreement (or contract) shall contain a waiver of transfer rights of recovery (subrogation) against the City, its agents, representatives, directors, elected officials, officers, employees, and volunteers for any claims arising out of the work of Contractor.”

All insurance certificates and applicable endorsements are subject to review and approval by the City's Risk Manager.

 


 

Respondent must utilize the below document when responding to this Solicitation and return the document in an Excel format with their response.




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This Link Will Take You To The Parks Restroom Site Maps


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AGREEMENT PURSUANT TO SOLICITATION

 


 

CITY OF MESA AGREEMENT NUMBER 2023026

 

CUSTODIAL SERVICES FOR PARKS AND SPORTS FIELD FACILITIES

 


 

CITY OF MESA, Arizona (“City”)

 

Department Name

City of Mesa – Purchasing Division

Mailing Address

P.O. Box 1466


Mesa, AZ  85211-1466

Delivery Address

20 East Main St, Suite 450


Mesa, AZ  85201

Attention

Jess Romney, NIGP-CPP, CPPB

Procurement Supervisor

E-Mail

Jess.Romney@MesaAZ.gov

Phone

(480) 644-5798

 


 

With a copy to:       City of Mesa – PRCF

 

Attn:  Name, Title

 

P.O. Box 1466

 

Mesa, AZ  85211-1466

 

EndUserEmail@MesaAZ.gov

 

 

AND


COMPANY NAME, (“Contractor”)

Mailing Address




Remit to Address




Attention


E-Mail


Phone


Fax



 
 
 

 

CITY OF MESA AGREEMENT PURSUANT TO SOLICITATION

 

This Agreement pursuant to Solicitation (“Agreement”) is entered into this ___ day of ______________, 2022, by and between the City of Mesa, Arizona, an Arizona municipal corporation (“City”), and CompanyName, a(n) State corporation/company/natural person (“Contractor”). The City and Contractor are each a “Party” to the Agreement or together are “Parties” to the Agreement. 


RECITALS


The City issued Solicitation number 2023026 (“Solicitation”) for Custodial Services for Parks and Sports Field Facilities, to which Contractor provided a response (“Response”); and


The City Selected Contractor’s Response as being in the best interest of the City and wishes to engage Contractor in providing the services/materials described in the Solicitation and Response.


In consideration of the reciprocal promises contained in the Agreement, and for other valuable and good consideration, which the Parties acknowledge the receipt and sufficiency of, the Parties agree to the following Terms & Conditions.

 

TERMS & CONDITIONS


Term. This Agreement is for a term beginning on November 1, 2022 and ending on October 31, 2025.  The use of the word “Term” in the Agreement includes the aforementioned period as well as any applicable extensions or renewals in accordance with this Section 1.


Renewals. On the mutual written agreement of the Parties, the Term may be renewed up to a maximum of two (2) years.  Any renewal(s) will be a continuation of the same terms and conditions as in effect immediately before the expiration of the then-current term. 

 

Extension for Procurement Processes.  Upon the expiration of the Term of this Agreement, including any renewals permitted herein, at the City’s sole discretion this Agreement may be extended on a month-to-month basis for a maximum of six (6) months to allow for the City’s procurement processes in the selection of a vendor to provide the services/materials provided under this Agreement.  The City will notify the Contractor in writing of its intent to extend the Agreement at least thirty (30) calendar days before the expiration of the Term.  Any extension under this Subsection 1.2 will be a continuation of the same terms and conditions as in effect immediately before the expiration of the then-current term.


Scope of Work.  The Contractor will provide the necessary staff, services, and associated resources to provide the City with the services, materials, and obligations attached to this Agreement as Exhibit A (“Scope of Work”) Contractor will be responsible for all costs and expenses incurred by Contractor that are incident to the performance of the Scope of Work unless otherwise stated in Exhibit A.  Contractor will supply all equipment and instrumentalities necessary to perform the Scope of Work.  If set forth in Exhibit A, the City will provide Contractor’s personnel with adequate workspace and such other related facilities as may be required by Contractor to carry out the Scope of Work.


The Agreement is based on the Solicitation and Response which are hereby incorporated by reference into the Agreement as if written out and included herein. In addition to the requirements specifically set forth in the Scope of Work, the Parties acknowledge and agree that the Contractor shall perform in accordance with all terms, conditions, specifications, and other requirements set forth within the Solicitation and Response unless modified herein.


Orders.  Orders are placed with the Contractor by either a: (i) Purchase Order when for a one-time purchase; (ii) Notice to Proceed, or (iii) Delivery Order off of a Master Agreement for Requirement Contract where multiple as-needed orders will be placed with the Contractor.  The City may use the Internet to communicate with Contractor and to place orders as permitted under this Agreement


Document Order of Precedence.  In the event of any inconsistency between the terms of the body of the Agreement, the Exhibits, the Solicitation, and Response, the language of the documents will control in the following order.


Agreement

Exhibits

Mesa Standard Terms & Conditions

Scope of Work

Other Exhibits not listed above

Solicitation including any addenda

Contractor Response


Payment.


General.  Subject to the provisions of the Agreement, the City will pay Contractor the sum(s) described in Exhibit B (“Pricing”) in consideration of Contractor’s performance of the Scope of Work during the Term.


Prices.  All pricing shall be firm for the Term and all extensions or renewals of the Term except where otherwise provided in this Agreement and include all costs of the Contractor providing the materials/service including transportation, insurance, and warranty costs.  No fuel surcharges will be accepted unless allowed in this Agreement.  The City shall not be invoiced at prices higher than those stated in the Agreement.


The Contractor further agrees that any reductions in the price of the materials or services covered by this Agreement will apply to the undelivered balance.  The Contractor shall promptly notify the City of such price reductions.


No price modifications will be accepted without proper request by the Contractor and response by the City’s Purchasing Division.


Price Adjustment.  Any requests for reasonable price adjustments must be submitted in accordance with this Section 5.3.  Requests for adjustment in the cost of labor and/or materials must be supported by appropriate documentation.  There is no guarantee the City will accept a price adjustment therefore Contractor should be prepared for the Pricing to be firm over the Term of the Agreement.  The City is only willing to entertain price adjustments based on an increase to Contractor’s actual expenses or other reasonable adjustments in providing the services/materials under the Agreement. If the City agrees to the adjusted price terms, the City shall issue written approval of the change.

 

      During the sixty (60) day period before Contract expiration date of the Agreement, the Contractor may submit a written request to the City to allow an increase to the prices in an amount not to exceed the twelve (12) month change in the Consumer Price Index for All Urban Consumers (CPI-U), US City Average, All Items, Not Seasonally Adjusted as published by the U.S. Department of Labor, Bureau of Labor Statistics (http://www.bls.gov/cpi/home.htm). The City shall review the request for adjustment and respond in writing; such response and approval shall not be unreasonably withheld.


Renewal and Extension Pricing.  Any extension of the Agreement will be at the same pricing as the initial Term.   If the Agreement is renewed in accordance with Section 1, pricing may be adjusted for amounts other than inflation that represent actual costs to the Contractor based on the mutual agreement of the parties.  The Contractor may submit a request for a price adjustment along with appropriate supporting documentation demonstrating the cost to the Contractor.  Renewal prices shall be firm for the term of the renewal period and may be adjusted thereafter as outlined in the previous section. There is no guarantee the City will accept a price adjustment.


Invoices.  Payment will be made to Contractor following the City’s receipt of a properly completed invoice.  No terms set forth in any invoice, purchase order, or similar document issued by Contractor will be deemed accepted by the City; the terms of the contractual relationship between the Parties are as set forth in this Agreement. Any issues regarding billing or invoicing must be directed to the City Department/Division requesting the service or material from the Contractor.   A properly completed invoice should contain, at a minimum, all of the following:


Contractor name, address, and contact information;

City billing information;

City contract number as listed on the first page of the Agreement;

Invoice number and date;

Payment terms;

Date of service or delivery;

Description of materials or services provided;

If materials provided, the quantity delivered and pricing of each unit;

Applicable Taxes;

If applicable, mileage or travel costs; and

Total amount due.


Payment of Funds.  Contractor acknowledges the City may, at its option and where available use a Credit Card/Procurement Card to make payment for orders under the Agreement with no additional charge/fee.  Otherwise, payment will be through a traditional method of a check.


Disallowed Costs, Overpayment.  If at any time the City determines that a cost for which payment was made to Contractor is a disallowed cost, such as an overpayment or a charge for materials/service not in accordance with the Agreement, the City will notify Contractor in writing of the disallowance; such notice will state the means of correction which may be, but is not limited to, adjustment of any future claim/invoice submitted by Contractor in the amount of the disallowance, or to require repayment of the disallowed amount by Contractor.  Contractor will be provided with the opportunity to respond to the notice.


Insurance.


  • Contractor must obtain and maintain at its expense throughout the term of Contractor’s agreement, at a minimum, the types and amounts of insurance set forth in this Section 6 from insurance companies authorized to do business in the State of Arizona; the insurance must cover the materials/service to be provided by Contractor under the Agreement.  For any insurance required under the Agreement, Contractor will name the City of Mesa, its agents, representatives, officials, volunteers, officers, elected officials, and employees as additional insured, as evidenced by providing either an additional insured endorsement or proper insurance policy excerpts.


  • Nothing in this Section 6 limits Contractor’s responsibility to the City.  The insurance requirements herein are minimum requirements for the Agreement and in no way limit any indemnity promise(s) contained in the Agreement.


  • The City does not warrant the minimum limits contained herein are sufficient to protect Contractor and subcontractor(s) from liabilities that might arise out of performance under the Agreement by Contractor, its agents, representatives, employees, or subcontractor(s).  Contractor is encouraged to purchase additional insurance as Contractor determines may be necessary.


  • Each insurance policy required under the Agreement must be in effect at or before the execution of the Agreement and remain in effect for the term of the Agreement. 


  • Before the execution of the Agreement, Contractor will provide the City with a Certificate of Insurance (using an appropriate “ACORD” or equivalent certificate) signed by the issuer with applicable endorsements.  The City reserves the right to request additional copies of any or all of the policies, endorsements, or notices relating thereto required under the Agreement.


  • When the City requires a Certificate of Insurance to be furnished, Contractor's insurance is primary of all other sources available. When the City is a certificate holder and/or an additional insured, Contractor agrees no policy will expire, be canceled, or be materially changed to affect the coverage available without advance written notice to the City.


  • The policies required by the Agreement must contain a waiver of transfer rights of recovery (waiver of subrogation) against the City, its agents, representatives, officials, volunteers, officers, elected officials, and employees for any claims arising out of the work of Contractor.


  • All insurance certificates and applicable endorsements are subject to review and approval by the City's Risk Management Division.


  • Types and Amounts of Insurance.  Contractor must obtain and retain throughout the term of the Agreement, at a minimum, the following:


  • Worker’s compensation insurance in accordance with the provisions of Arizona law.  If Contractor operates with no employees, Contractor must provide the City with written proof Contractor has no employees.  If employees are hired during the course of this Agreement, Contractor must procure worker’s compensations in accordance with Arizona law.


  • The Contractor shall maintain at all times during the term of this contract, a minimum amount of $3 million per occurrence/$5 million aggregate Commercial General Liability insurance, including Products and Contractual Liability.  For General Liability insurance, the City of Mesa, their agents, officials, volunteers, officers, elected officials, or employees shall be named as additional insured, as evidenced by providing an additional insured endorsement.


  • Automobile liability, bodily injury, and property damage with a limit of $1 million per occurrence including owned, hired, and non-owned autos.


Requirements Contract.  Contractor acknowledges and agrees the Agreement is a requirements contract; the Agreement does not guarantee any purchases will be made (minimum or maximum).  Orders will only be placed when the City identifies a need and issues a purchase order or a written notice to proceed.  The City reserves the right to cancel purchase orders or a notice to proceed within a reasonable period of time of issuance; any such cancellation will be in writing.  Should a purchase order or notice to proceed be canceled, the City agrees to reimburse Contractor for any actual and documented costs incurred by Contractor.  The City will not reimburse Contractor for any avoidable costs incurred after the receipt of cancellation including, but not limited to, lost profits, shipment of product, or performance of services. 


Notices. All notices to be given pursuant to the Agreement will be delivered to the Contractor as listed on Page 1 of this Agreement.  Notice will be delivered pursuant to the requirements set forth in the Mesa Standard Terms and Conditions that is attached to the Agreement as Exhibit C


Representations of Contractor. To the best of Contractor’s knowledge, Contractor agrees that:


Contractor has no obligations, legal or otherwise, inconsistent with the terms of the Agreement or with Contractor’s undertaking of the relationship with the City;


Performance of the services called for by the Agreement do not and will not violate any applicable law, rule, regulation, or any proprietary or other right of any third party;


Contractor will not use in the performance of Contractor’s responsibilities under the Agreement any proprietary information or trade secret of a former employer of its employees (other than City, if applicable); and


Contractor has not entered into and will not enter into any agreement, whether oral or written, in conflict with the Agreement.


Mesa Standard Terms and Conditions.  Exhibit C to the Agreement is the Mesa Standard Terms and Conditions as modified by the Parties, which are incorporated by reference into the Agreement as though fully set forth herein.  In the event of any inconsistency between the terms of the Agreement and the Mesa Standard Terms and Conditions, the language of the Agreement will control. The Parties or a Party are referred to as a “party” or “parties” in the Mesa Standard Terms and Conditions.  The Term is referred to as the “term” in the Mesa Standard Terms and Conditions.


Counterparts and Facsimile or Electronic Signatures.  This Agreement may be executed in two (2) or more counterparts, each of which will be deemed an original and all of which, taken together, will constitute one agreement.  A facsimile or other electronically delivered signature to the Agreement will be deemed an original and binding upon the Party against whom enforcement is sought.


Incorporation of Recitals and Exhibits.  All Recitals and Exhibits to the Agreement are hereby incorporated by reference into the Agreement as if written out and included herein.  In the event of any inconsistency between the terms of the body of the Agreement and the Exhibits, the language of the Agreement will control.


Exhibits to this Agreement are the following:


(A) Special Terms and Conditions / Detailed Specifications

(B) Pricing

(C) Mesa Standard Terms and Conditions


Attorneys’ Fees.  The prevailing Party in any litigation arising out of the Agreement will be entitled to the recovery of its reasonable attorney’s fees, court costs, and other litigation-related costs and fees from the other Party.


Additional Acts.  The Parties agree to execute promptly such other documents and to perform such other acts as may be reasonably necessary to carry out the purpose and intent of the Agreement.


Headings.  The headings of the Agreement are for reference only and will not limit or define the meaning of any provision of the Agreement.


By executing below, each Party acknowledges that it understands, approves, and accepts all of the terms of the Agreement and the attached exhibits.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written.



 

 
 
 

CITY OF MESA, ARIZONA



By:                                                                   


 

                                                                        

Printed Name

 

                                                                        

Title

 

                                                                        

Date




ReVIEWED BY:



By:                                                                   
Jess Romney, NIGP-CPP, CPPB

Procurement Supervisor






 

  • CONTRACTOR NAME



By:                                                                   


 

                                                                        

Printed Name

 

                                                                        

Title

 

                                                                        

Date

 
 
 

EXHIBIT A

SCOPE OF WORK 

The Special Terms and Conditions / Detailed Specifications and Vendor Response will be added here when Agreement is finalized.



 

EXHIBIT B 

PRICING

Attachment A Pricing will be added here when Agreement is finalized.


 
 
 

EXHIBIT C

MESA STANDARD TERMS AND CONDITIONS

 

INDEPENDENT CONTRACTOR.  It is expressly understood that the relationship of Contractor to the City will be that of an independent contractor.  Contractor and all persons employed by Contractor, either directly or indirectly, are Contractor’s employees, not City employees.  Accordingly, Contractor and Contractor’s employees are not entitled to any benefits provided to City employees including, but not limited to, health benefits, enrollment in a retirement system, paid time off or other rights afforded City employees.  Contractor employees will not be regarded as City employees or agents for any purpose, including the payment of unemployment or workers’ compensation.  If any Contractor employees or subcontractors assert a claim for wages or other employment benefits against the City, Contractor will defend, indemnify and hold harmless the City from all such claims.

SUBCONTRACTING.  Contractor may not subcontract work under this Agreement without the express written permission of the City.  If Contractor has received authorization to subcontract work, it is agreed that all subcontractors performing work under the Agreement must comply with its provisions. Further, all agreements between Contractor and its subcontractors must provide that the terms and conditions of this Agreement be incorporated therein.

ASSIGNMENT.  This Agreement may not be assigned, either in whole or in part, without first receiving the City’s written consent.  Any attempted assignment, either in whole or in part, without such consent, will be null and void and in such event the City will have the right, at its option, to terminate the Agreement.  No granting of consent to any assignment will relieve Contractor from any of its obligations and liabilities under the Agreement.

SUCCESSORS AND ASSIGNS, BINDING EFFECT.  This Agreement will be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns.

NO THIRD-PARTY BENEFICIARIES.  This Agreement is intended for the exclusive benefit of the parties.  Nothing set forth in this Agreement is intended to create or will create any benefits, rights, or responsibilities in any third parties.

NON-EXCLUSIVITY.  The City, in its sole discretion, reserves the right to request the materials or services set forth herein from other sources when deemed necessary and appropriate.  No exclusive rights are encompassed through this Agreement.

AMENDMENTS.  There will be no oral changes to this Agreement.  This Agreement can only be modified in a writing signed by both parties.  No charge for extra work or material will be allowed unless approved in writing, in advance, by the City and Contractor.

TIME OF THE ESSENCE.  Time is of the essence to the performance of the parties’ obligations under this Agreement.

COMPLIANCE WITH APPLICABLE LAWS.

  • General.  Contractor must procure all permits/licenses and pay all charges and fees necessary and incidental to the lawful conduct of business. Contractor must stay fully informed of existing and future federal, state, and local laws, ordinances, and regulations that in any manner affect the fulfillment of this Agreement and must comply with the same at its own expense. Contractor bears full responsibility for training, safety, and providing the necessary equipment for all Contractor personnel to achieve compliance throughout the term of the Agreement. Upon request, Contractor will demonstrate to the City's satisfaction any programs, procedures, and other activities used to ensure compliance.  

  • Drug-Free Workplace.  Contractor is hereby advised that the City has adopted a policy establishing a drug-free workplace for itself and those doing business with the City to ensure the safety and health of all persons working on City contracts and projects.  Contractor will require a drug-free workplace for all Contractor personnel working under this Agreement.  Specifically, all Contractor personnel who are working under this Agreement must be notified in writing by Contractor that they are prohibited from the manufacture, distribution, dispensation, possession, or unlawful use of a controlled substance in the workplace.  Contractor agrees to prohibit the use of intoxicating substances by all Contractor personnel and will ensure that Contractor personnel do not use or possess illegal drugs while in the course of performing their duties.

  • Federal and State Immigration Laws.  Contractor agrees to comply with the Immigration Reform and Control Act of 1986 (IRCA) in performance under this Agreement and to permit the City and its agents to inspect applicable personnel records to verify such compliance as permitted by law.  Contractor will ensure and keep appropriate records to demonstrate that all Contractor personnel have a legal right to live and work in the United States.

i.    As applicable to Contractor, under the provisions of A.R.S. § 41-4401, Contractor hereby warrants to the City that Contractor and each of its subcontractors will comply with, and are contractually obligated to comply with, all federal immigration laws and regulations that relate to their employees and A.R.S. § 23-214(A) (hereinafter collectively the “Contractor Immigration Warranty”).

ii.    A breach of the Contractor Immigration Warranty will constitute a material breach of this Agreement and will subject Contractor to penalties up to and including termination of this Agreement at the sole discretion of the City.

iii.   To ensure Contractor and its subcontractors are complying with the Contractor Immigration Warranty, the City retains the legal right to conduct random verification of the employment records of any Contractor or subcontractor employee who works on this Agreement, including the inspection of the papers of such employees.  Contractor agrees to assist the City in regard to any random verification performed. 

iv.   Neither Contractor nor any subcontractor will be deemed to have materially breached the Contractor Immigration Warranty if Contractor or subcontractor establishes that it has complied with the employment verification provisions prescribed by Sections 274a and 274b of the Federal Immigration and Nationality Act and the E-Verify requirements prescribed by A.R.S. § 23-214(A).

  • Nondiscrimination.  Contractor understands and acknowledges that it is the policy of the City of Mesa to promote non-discrimination.  As such, Contractor represents and warrants that it does not discriminate against any employee or applicant for employment or person to whom it provides services because of race, color, national origin, age, disability, religion, sex, sexual orientation, gender identity, and expression, veterans’ status, marital status, or genetic information, and represents and warrants that it complies with all applicable federal, state, and local laws and executive orders regarding employment. In performance under this Agreement, Contractor and Contractor’s personnel will comply with applicable provisions of the following laws (as amended): Title VII of the U.S. Civil Rights Act of 1964, Section 504 of the Federal Rehabilitation Act, the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.), and any other applicable non-discrimination laws and rules.
  •  
  • State Sponsors of Terrorism Prohibition.  Per A.R.S. § 35-392, Contractor must not be in violation of section 6(j) of the Federal Export Administration Act and subsequently prohibited by the State of Arizona from selling goods or services to the City.
  •  
  • Israel Boycott Divestments.  In accordance with the requirements of A.R.S. § 35-393.01, if the Agreement requires Contractor to acquire or dispose of services, supplies, information technology or construction with a value of $100,000 or more, then, by entering into this Agreement, Contractor certifies that it is not currently engaged in, and agrees for the duration of the Agreement to not engage in, a boycott of goods and services from Israel.

SALES/USE TAX, OTHER TAXES.

  • Contractor is responsible for the payment of all taxes including federal, state, and local taxes related to or arising out of Contractor’s services under this Agreement including, by way of illustration but not limitation, federal and state income tax, Social Security tax, unemployment insurance taxes, and any other taxes or business license fees, as required.  If any taxing authority should deem Contractor or Contractor employees an employee of the City, or should otherwise claim the City is liable for the payment of taxes that are Contractor’s responsibility under this Agreement, then Contractor will indemnify the City for any tax liability, interest, and penalties imposed upon the City. 

  • The City is exempt from paying certain federal excise taxes and will furnish an exemption certificate upon request. The City is not exempt from state and local sales/use taxes.

AMOUNTS DUE THE CITY.  Contractor must be current and remain current in all obligations, whether or not related to the Agreement, due to the City during the performance of services under the Agreement.  Payments to Contractor may be offset by any delinquent amounts due to the City or fees and charges owed to the City.

PUBLIC RECORDS.  Contractor acknowledges that the City is a public body, subject to Arizona’s public records laws (A.R.S. § 39-121 et seq.), and any documents related to this Agreement may be subject to disclosure pursuant to state law in response to a public records request or to subpoena or other judicial processes.

  • If Contractor believes documents related to the Agreement contain trade secrets or other proprietary data, Contractor must have notified the City pursuant to Mesa Procurement Rules Section 2.1 or notified the City with a notification statement specifically identifying the trade secrets or other proprietary data that Contractor believes should remain confidential.



AUDITS AND RECORDS.  Contractor must preserve the records related to this Agreement for six (6) years after completion of the Agreement.  The City or its authorized agent reserves the right to inspect any records related to the performance of work specified herein.  In addition, the City may inspect all payroll, billing, or other relevant records kept by Contractor in relation to the Agreement.  Contractor will permit such inspections and audits during normal business hours and upon reasonable notice by the City.  The audit of records may occur at Contractor’s place of business or City offices, as determined by the City.

BACKGROUND CHECK.  In accordance with the City’s current background check policies, the City may conduct criminal, driver history, and all other requested background checks of Contractor personnel who would perform services under the Agreement who will have access to the City’s information, data, or facilities.  Any officer, employee, or agent that fails the background check must be replaced immediately for any reasonable cause not prohibited by law.

SECURITY CLEARANCE AND REMOVAL OF CONTRACTOR PERSONNEL.    The City will have final authority, based on security reasons: (i) to determine when security clearance of Contractor personnel is required; (ii) to determine the nature of the security clearance, up to and including fingerprinting Contractor personnel; and (iii) to determine whether any individual or entity may provide services under this Agreement.  If the City objects to any Contractor personnel for any reasonable cause not prohibited by law, then Contractor will, upon notice from the City, remove any such individual from the performance of services under this Agreement.

DEFAULT.

A party will be in default of the Agreement if that party:

i.    Is or becomes insolvent or is a party to any voluntary bankruptcy or receivership proceeding, makes an assignment for a creditor, or there is any similar action that affects Contractor’s capability to perform under the Agreement;

ii.    Is the subject of a petition for involuntary bankruptcy not removed within sixty (60) calendar days;

iii.   Conducts business in an unethical manner as set forth in the City Procurement Rules Article 7 or an illegal manner; or

iv.   Fails to carry out any term, promise, or condition of the Agreement.

            b.   Contractor will be in default of this Agreement if Contractor is debarred from participating in City procurements and Solicitations in accordance with Article 6 of the City’s Procurement Rules.

Notice and Opportunity to Cure.  In the event a party is in default then the other party will provide written notice to the defaulting party of the default.  The defaulting party will have thirty (30) days from receipt of the notice to cure the default, unless the default is of a nature that it is reasonably anticipated to affect the health, safety, or welfare of the public and, in such an event, the non-defaulting party may require a minimum seven (7) days to cure the default from the date of receipt of the notice; the cure period may be extended by mutual agreement of the parties, but no cure period may exceed ninety (90) days. A default notice will be deemed to be sufficient if it is reasonably calculated to provide notice of the nature and extent of such default.  Failure of the non-defaulting party to provide notice of the default does not waive any rights under the Agreement.  Failure of the defaulting party to cure the default will entitle the non-defaulting party to the election of remedies specific to the party as set forth in section 17 below. 

Anticipatory Repudiation.  Whenever the City in good faith has reason to question Contractor’s intent or ability to perform, the City may demand that Contractor give written assurance of its intent and ability to perform. In the event, demand is made, and no written assurance is given within ten (10) calendar days, the City may treat this failure as an anticipatory repudiation of the Agreement entitling the City to terminate the Agreement in accordance with section 17(a) below.


REMEDIES.  The remedies set forth in this Agreement are not exclusive.  Election of one remedy will not preclude the use of other remedies.  In the event of default:

The non-defaulting party may terminate the Agreement, and the termination will be effective immediately or at such other date as specified by the terminating party.

The City may purchase the services or materials required under the Agreement from the open market, complete the required work itself, or have it completed at the expense of Contractor. If the cost of obtaining substitute services exceeds the contract price in the Agreement, the City may recover the excess cost by: (i) requiring immediate reimbursement by the Contractor to the City; (ii) deduction from an unpaid balance due to Contractor; (iii) collection against the proposal and performance security, if any; (iv) collection against non-performance fees (if applicable); or (v) a combination of the aforementioned remedies or other remedies as permitted by law.  Costs in this Subsection (b) include any and all fees, and expenses incurred in obtaining substitute services and expended in obtaining reimbursement including, but not limited to, administrative expenses, attorneys’ fees, and costs.

The non-defaulting party will have all other rights granted under this Agreement and all rights at law or in equity that may be available to it.

Neither party will be liable for incidental, special, or consequential damages.

CONTINUATION DURING DISPUTES.  Contractor agrees that during any dispute between the parties, Contractor will continue to perform its obligations until the dispute is settled, instructed to cease performance by the City, enjoined or prohibited by judicial action, or otherwise required or obligated to cease performance by other provisions in this Agreement.

TERMINATION FOR CONVENIENCE.  The City reserves the right to terminate this Agreement, in part or in whole, for its sole convenience upon thirty (30) calendar days written notice.  Contractor acknowledges that, as with any termination permitted under this Agreement, in the event of a termination for convenience, Contractor is only entitled to payment in accordance with section 22 (Payment to Contractor Upon Termination); Contractor will not be entitled to any anticipated lost profits had the Agreement been performed to completion. 

TERMINATION FOR CONFLICT OF INTEREST (A.R.S. § 38-511).  Pursuant to A.R.S. § 38-511, the City may cancel this Agreement within three (3) years after its execution, without penalty or further obligation, if any person significantly involved in initiating, securing, drafting, or creating the Agreement for the City becomes an employee or agent of Contractor.

TERMINATION FOR NON-APPROPRIATION AND MODIFICATION FOR BUDGETARY CONSTRAINTS.  The City is a governmental agency that relies upon the appropriation of funds by its governing body to satisfy its obligations. If the City reasonably determines it does not have funds to meet its obligations under this Agreement, the City will have the right to terminate the Agreement without penalty on the last day of the fiscal period for which funds were legally available.  In the event of such termination, the City agrees to provide written notice of its intent to terminate thirty (30) calendar days before the stated termination date.

PAYMENT TO CONTRACTOR UPON TERMINATION.  Upon termination of this Agreement for any reason, Contractor will be entitled only to payments authorized under the Agreement for those services performed or materials provided in accordance with the Agreement up to the date of termination, and any authorized expenses already incurred up to such date of termination.  The City will make final payment within thirty (30) calendar days after the City has both completed its appraisal of the materials and services provided and received Contractor’s properly prepared final invoice.

NON-WAIVER OF RIGHTS.  There will be no waiver of any provision of this Agreement unless approved in writing and signed by the waiving party.  Failure or delay to exercise any rights or remedies provided herein or by law or in equity, or the acceptance of, or payment for, any services hereunder, will not release the other party of any of the warranties or other obligations of the Agreement and will not be deemed a waiver of any such rights or remedies.

INDEMNIFICATION; LIABILITY.

To the fullest extent permitted by law, Contractor agrees to defend, indemnify and hold harmless the City, its elected officials, agents, representatives and employees (collectively, including the City, “City Personnel”) from and against any and all liabilities, demands, claims, suits, penalties, obligations, losses, damages, causes of action, fines or judgments of any kind, including costs, attorneys’, witnesses’ and expert witnesses’ fees, and expenses incident thereto (all of the foregoing, collectively “Claims”) imposed upon or asserted against City Personnel by a third party relating to, arising out of or resulting from, in whole or in part: (i) services or materials provided under this Agreement by Contractor or its officers’, agents’, or employees’ (collectively, including Contractor, “Contractor Personnel”): (ii) negligent acts, errors, mistakes or omissions of Contractor Personnel; or (iii) failure of Contractor Personnel to comply with or fulfill the obligations established by this Agreement.  Contractor’s indemnification, duty to defend and hold harmless City Personnel in this Subsection (a) will apply to all Claims against City Personnel except Claims arising solely from the negligence or intentional acts of City Personnel.

The City assumes no liability for the actions of Contractor Personnel and will not indemnify or hold Contractor Personnel or any third party harmless for Claims relating to, arising out of or resulting from, in whole or in part, this Agreement or use of Contractor Personnel-provided services or materials.

WARRANTY.  Contractor warrants that the services and materials will conform to the requirements of the Agreement. Additionally, Contractor warrants that all services will be performed in a good, workmanlike and professional manner.  The City’s acceptance of services or materials provided by Contractor will not relieve Contractor from its obligations under this warranty.  If the City reasonably determines any materials or services are of a substandard or unsatisfactory manner, Contractor, at no additional charge to the City, will provide materials or redo such services until in accordance with this Agreement and to the City’s reasonable satisfaction.

Unless otherwise agreed, Contractor warrants that materials will be new, unused, of most current manufacture and not discontinued, will be free of defects in materials and workmanship, will be provided in accordance with manufacturer's standard warranty for at least one (1) year unless otherwise specified, and will perform in accordance with manufacturer's published specifications.

THE CITY’S RIGHT TO RECOVER AGAINST THIRD PARTIES.  Contractor will do nothing to prejudice the City’s right to recover against third parties for any loss, destruction, or damage to City property and will, at the City’s request and expense, furnish to the City reasonable assistance and cooperation in obtaining recovery, including assistance in the prosecution or defense of suit and the execution of instruments of assignment in favor of the City.

NO GUARANTEE OF WORK.  Contractor acknowledges and agrees: (i) it is not entitled to deliver any specific amount of materials or services, or any materials or services at all, under this Agreement; and (ii) the materials or services will be requested by the City on an as needed basis, at the sole discretion of the City.  Any document referencing quantities or performance frequencies represents the City's best estimate of current requirements, but will not bind the City to purchase, accept, or pay for materials or services which exceed its actual needs.

OWNERSHIP.  All deliverables, services, and information provided by Contractor or the City pursuant to this Agreement (whether electronically or manually generated) including without limitation, reports, test plans, and survey results, graphics, and technical tables, originally prepared in the performance of this Agreement, are the property of the City and will not be used or released by Contractor or any other person except with prior written permission by the City.

USE OF NAME.  Contractor will not use the name of the City of Mesa in any advertising or publicity without obtaining the prior written consent of the City.

PROHIBITED ACTS.  Contractor acknowledges the applicability of A.R.S. § 38-504 which prohibits a person who, within the preceding twelve (12) months, is or was a public officer or employee of the City from representing another person (including Contractor) before the City on any matter for which the officer or employee was directly concerned and personally participated in during their service or employment by a substantial and material exercise of administrative discretion.  Further, while employed by the City and for two (2) years thereafter, public officers or employees are prohibited from disclosing or using, without appropriate authorization, any confidential information acquired by such person in the course of his or her official duties at the City.

FOB DESTINATION FREIGHT PREPAID AND ALLOWED.  All deliveries will be FOB destination freight prepaid and allowed unless otherwise agreed. 

RISK OF LOSS.  Contractor agrees to bear all risk of loss, injury, or destruction of Contractor’s goods or equipment incidental to Contractor providing the services and materials under this Agreement, and such loss, injury, or destruction will not release Contractor from any obligation hereunder.

SAFEGUARDING CITY PROPERTY.  Contractor will be responsible for any damage or loss to City's real or personal property when such property is the responsibility of or in the custody of Contractor or its personnel.

WARRANTY OF RIGHTS.  Contractor warrants it has title to, or the right to allow the City to use, the materials and services being provided, and that the City may use same without suit, trouble, or hindrance from Contractor or third parties.

PROPRIETARY RIGHTS INDEMNIFICATION.  Without limiting the warranty in section 34, Contractor will without limitation and at its expense defend the City against all claims asserted by any person that anything provided by Contractor infringes a patent, copyright, trade secret, or other intellectual property right and must, without limitation, pay the costs, damages and attorneys' fees awarded against the City in any such action, or pay any settlement of such action or claim. Each party agrees to notify the other promptly of any matters to which this provision may apply and to cooperate with each other in connection with such defense or settlement. If a preliminary or final judgment is obtained against the City’s use or operation of the items provided by Contractor hereunder or any part thereof by reason of any alleged infringement, Contractor will, at its expense and without limitation, either: (a) modify the item so that it becomes non-infringing; (b) procure for the City the right to continue to use the item; (c) substitute for the infringing item other items (s) having at least equivalent capability; or (d) refund to the City an amount equal to the price paid, less reasonable usage, from the time of installation acceptance through cessation of use, which amount will be calculated on a useful life not less than five (5) years, plus any additional costs the City may incur to acquire substitute supplies or services.

CONTRACT ADMINISTRATION.  The contract will be administered by the applicable Purchasing Officer and/or an authorized representative from the using department (collectively “Contractor Administrators”); all questions regarding the Agreement will be referred to the Contract Administrators.  If authorized by the Contract Administrators, supplements or amendments may be written to the Agreement for the addition or deletion of services.  Payment will be negotiated and determined by the Contract Administrators.

FORCE MAJEURE.  Failure by either party to perform its duties and obligations will be excused by unforeseeable circumstances beyond its reasonable control, including acts of nature, acts of the public enemy, riots, fire, explosion, legislation, and governmental regulation.  The party whose performance is so affected will, within five (5) calendar days of the unforeseeable circumstance, notify the other party of all pertinent facts and identify the force majeure event.  The party whose performance is so affected must also take all reasonable steps, promptly and diligently, to prevent such causes if it is feasible to do so or to minimize or eliminate the effect thereof.  The delivery or performance date will be extended for a period equal to the time lost by reason of delay, plus such additional time as may be reasonably necessary to overcome the effect of the delay, provided, however, under no circumstances will delay caused by a force majeure extend beyond one hundred-twenty (120) calendar days from the scheduled delivery or completion date of a task unless agreed upon by the parties.

COOPERATIVE USE OF CONTRACT.  The City has entered into various cooperative purchasing agreements with other Arizona government agencies, including the Strategic Alliance for Volume Expenditures (SAVE) cooperative. Under the SAVE Cooperative Purchasing Agreement, any contract may be extended for use by other municipalities, school districts, and government agencies in the State of Arizona with the approval of Contractor. Any such usage by other entities must be in accordance with the statutes, codes, ordinances, charter, and/or procurement rules and regulations of the respective government agency.

The City currently holds or may enter into Intergovernmental Governmental Agreements (IGA) with numerous governmental entities. These agreements allow the entities, with the approval of Contractor, to purchase their requirements under the terms and conditions of this Agreement.

A contractor, subcontractor or vendor, or any employee of a contractor, subcontractor or vendor who is contracted to provide services on a regular basis at an individual school shall obtain a valid fingerprint clearance card pursuant to title 41, chapter 12, article 3.1. A school district governing board shall adopt policies to exempt a person from the requirements of this subsection if the person's normal job duties are not likely to result in independent access to or unsupervised contact with pupils. A school district, its governing board members, its school council members, and its employees are exempt from civil liability for the consequences of adoption and implementation of policies and procedures pursuant to this subsection unless the school district, its governing board members, its school council members, or its employees are guilty of gross negligence or intentional misconduct.

Additionally, Contractor will comply with the governing body’s fingerprinting policy of each individual school district and public entity. Contractor, subcontractors, vendors, and their employees will not provide services on school district properties until authorized by the school district.

Orders placed by other agencies and payment thereof will be the sole responsibility of that agency.  The City is not responsible for any disputes arising out of transactions made by others.

FUEL CHARGES AND PRICE INCREASES.  No fuel surcharges will be accepted.  No price increases will be accepted without proper request by Contractor and response by the City’s Purchasing Division. 

NOTICES.  All notices to be given pursuant to this Agreement must be delivered to the parties at their respective addresses.  Notices may be sent via personally delivery, certified or registered mail with postage prepaid, overnight courier, or facsimile.  If provided by personal delivery, the receipt will be deemed effective upon delivery.  If sent via certified or registered mail, the receipt will be deemed effective three (3) calendar days after being deposited in the United States mail.  If sent via overnight courier, or facsimile, the receipt will be deemed effective two (2) calendar days after the sending thereof.

GOVERNING LAW, FORUM.  This Agreement is governed by the laws of the State of Arizona. The exclusive forum selected for any proceeding or suit, in law or equity, arising from or incident to this Agreement will be Maricopa County, Arizona.

INTEGRATION CLAUSE.  This Agreement, including all attachments and exhibits hereto, supersedes all prior oral or written agreements, if any, between the parties and constitutes the entire agreement between the parties with respect to the work to be performed.

PROVISIONS REQUIRED BY LAW.  Any provision required by law to be in this Agreement is a part of this Agreement as if fully stated herein.

SEVERABILITY.  If any provision of this Agreement is declared void or unenforceable, such provision will be severed from this Agreement, which will otherwise remain in full force and effect.  The parties will negotiate diligently in good faith for such amendment(s) of this Agreement as may be necessary to achieve the original intent of this Agreement, notwithstanding such invalidity or unenforceability.

SURVIVING PROVISIONS.  Notwithstanding any completion, termination, or other expiration of this Agreement, all provisions which, by the terms of reasonable interpretation thereof, set forth rights and obligations that extend beyond completion, termination, or other expiration of this Agreement, will survive and remain in full force and effect.  Except as specifically provided in this Agreement, completion, termination, or other expiration of this Agreement will not release any party from any liability or obligation arising before the date of termination.

A.R.S. SECTIONS 1-501 and 1-502.  Pursuant to A.R.S §§ 1-501 and 1-502, any person who applies to the City for a local public benefit (the definition of which includes a grant, contract, or loan) must demonstrate his or her lawful presence in the United States.  As this Agreement is deemed a local public benefit, if Contractor is an individual (natural) person or sole proprietorship, Contractor agrees to sign and submit the necessary documentation to prove compliance with the statutes if applicable.

AUTHORITY.  Each party hereby warrants and represents that it has full power and authority to enter into and perform this Agreement and that the person signing on behalf of each is properly authorized and empowered to enter into the Agreement.  Each party further acknowledges that it has read this Agreement, understands it, and agrees to be bound by it.

PCI DSS COMPLIANCE.    In the event any Contractor engages in payment card transactions as a part of the services provided to the City, Contractor shall comply with the Payment Card Industry Data Security Standards (“PCI DSS”) and any amendments or restatements of the PCI DSS during the Term of this Agreement. Contractor accepts responsibility for the security of the City’s and/or any customer’s credit card data in its possession, even if all or a portion of the services to the City are subcontracted to third parties.


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