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City of Mesa New Bid Opportunity: Smart City Kiosk-as-a-Service Solution

City of Mesa New Bid Opportunity: Smart City Kiosk-as-a-Service Solution

Procurement Request



NOTICE OF SOLICITATION

 

Publish Date: June 28, 2022                                                        SOLICITATION # 2023005


REQUEST FOR PROPOSALS FOR:  SMART CITY KIOSK-AS-A-SERVICE SOLUTION

 

PROPOSAL DUE DATE AND TIME:  JULY 20, 2022 – 3:00 P.M. LOCAL ARIZONA TIME

 

Deadline for Inquiries:  JULY 8, 2022 - 9:00 A.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 click on the following link:  Microsoft Teams Meeting Invite

Teleconference Number: 480-535-7460; Conference ID: 693 969 260#


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:

Ted Stallings, CPPB

Procurement Officer II

PHONE: 480-644-2815

Ted.Stallings@MesaAZ.Gov

General or Process Questions:

Honey Schuchard

Procurement Specialist

PHONE: 480-644-2179

Honey.Schuchard@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/

 
 
 

 

 

PAGE

 

NOTICE

1

 


TABLE OF CONTENTS

2

 


 


SECTIONS:


 


 

INSTRUCTIONS

3

 

 


 

SCOPE OF WORK

11

 

 


 

 


ATTACHMENTS:


 

 


 

ATTACHMENT A

PRICING

19

 

 

 


 

ATTACHMENT B

REQUIRED RESPONSE FORMS

20

 


(5 pages)


 

 

 


 

ATTACHMENT C

PROPOSAL QUESTIONNAIRE

21

 




 

ATTACHMENT D

TERMS AND CONDITIONS FOR FEDERAL FUNDS

22

 




 

ATTACHMENT E

SITE LOCATIONS

23

 

 

 


EXHIBITS:


 

 

 


 

EXHIBIT 1

DRAFT AGREEMENT

24

 




 

EXHIBIT

TERMS AND CONDITIONS FOR FEDERAL FUNDS


 
 
 

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 Ted.Stallings@MesaAZ.gov, and Honey.Schuchard@MesaAZ.gov.  Questions should be submitted in writing via email.  Questions will only be accepted until 9:00 AM (local Arizona time), July 8, 2022.  Questions will be answered in the form of an addendum and sent to all potential respondents. 


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. 


SUBMITTAL RESPONSE FORMAT:


Submit response as outlined below:

TAB A - Table of Contents

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

      1. Vendor Information form
      2. Exceptions & Confidential Information form
      3. General Questionnaire form
      4. Lawful Presence Affidavit
      5. Respondent Certification form (Offer and Acceptance)
      6. 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 prior to the execution of any contract pursuant to this Solicitation. (http://www.irs.gov/pub/irs-pdf/fw9.pdf.
    • TAB C – Proposal Questionnaire completed and included.  Should be saved as Excel and PDF.

TAB D – Proposal Questionnaire exhibit(s).

    • TAB E – Proposal Price Information completed and included.  Should be saved as Excel and PDF.
    • TAB F – Detailed Scope of Work.


 
 
 

 

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)

        Respondent Questionnaire form completed and included (Attachment C)

        Terms and Conditions for Federal Funds form completed and included (Attachment D).

  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: 


    • Round
    • Description
    • CIPPM
    • 1
    • Minimum Qualifications Assessment
    • Pass or Fail
    • 2
    • Solution and Services Requirements & Pricing Assessment
    • 5,678
    • 3
    • Questions/Answers and Reference Checks
    • 300

    • Demo (optional at the City’s discretion)
    • 4,000
    • 4
    • Best and Final Offer (Pricing)
    • 500

    • Maximum Total Points
    • 10,478


    Basis for award is as follows:


    The following weighted criteria will be used to evaluate proposals during Evaluation Rounds two (2), three (3) and four (4).  Round one (1) is pass/fail based on minimum mandatory requirements.



    Basis of Award

    Weightings

    RFP Attachment

    1

    Firm, Project Team, References, Terms & Condition Exceptions

    20%

    Attachment x Request for Proposal Questionnaire and Mandatory Minimum Qualifications

    Attachment x Proposed Solution Project Team

    Attachment x Solution Requirements – Tab Company

    2

    Hardware

    30%

    Attachment x Solution Requirements –

    Tab Hardware

    3

    Content Services

    20%

    Attachment x Solution Requirements –

    Tab Content Services

    4

    Support

    10%

    Attachment x Solution Requirements –

    Tab Support

    5

    Technical

    10%

    Attachment x Solution Requirements –

    Tab Technical

    6

    Proposed Price

    10%

    Attachment x – Pricing Forms


    Total

    100%



    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.


 

This Scope of Work will be compiled into any resulting contract as Exhibit A.

 

  • SCOPE OF WORK:  The City of Mesa (City) is requesting proposals from interested and qualified firms to provide a Smart City Kiosk-as-a-Service solution for twenty (20) fully managed and installed outdoor kiosk devices, selected components, and hosted content management solution for use by the City.  The scope and specifications for these kiosks, component options, and hosted content management solution are described in the enclosed Request for Proposal (RFP).  


The City may opt to utilize the resulting contract to use Kiosk-as-a-Service at future sites.


The term of any resulting contract shall be for five (5) years with three additional renewals every five (5) years as provided for within the Scope of Work and Terms and Conditions sections of this RFP.  Renewal options are based on contractor(s) performance, service, ability to provide high-quality product(s), and demonstrated cost containment efforts.


AWARD:  The City intends to award to one (1) Contractor.  The City reserves the right to change this award method based on the responses received if it is in the best interest of the City.


MANDATORY MINIMUM QUALIFICATIONS:  The following requirements have been identified as mandatory minimums for this procurement.  Firms that do not meet these mandatory minimums may be deemed ineligible for award and removed from the evaluation process.


The proposed solution is not an Alpha, Beta, nor custom-developed system.


Proposer must meet all “Must Have” priority requirements contained in the Request for Proposal Questionnaire to be considered responsive.


The proposer must have been in the business of selling, delivering, installing, and supporting kiosk solutions, including equipment, hosted software, and services for the last three (3) years.


The kiosk platform must include fully functional hardware to meet all requirements as stated in this Request for Proposal.


The hosted Content Management Services used in the kiosks must be used in production operation by at least five (5) customers.


The hosted Content Management Services must provide multi-tenant* capability to allow multiple levels of content administrators to create and control content on specific kiosks.


The hosted Content Management Services must have a documented Application Programming Interface (API).


The Respondent's internal cyber-security practices shall comply with at least one (1) of the following:

NIST Cyber Security Framework (CSF)

NIST 800-53

ISO 270010

PCI-DSS

HITRUST

FedRAMP

StateRAMP



 


*Multi-tenant capability with multiple levels of content administration allows for multiple entities such as Downtown Mesa Association and the Asian District to control the content in the kiosks that are geographically close to them AND to have multiple levels of control within that tenancy (e.g., administrators can control all aspects of the content, reviewers can approve ad content).

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  • SOLICITATION QUESTIONS All questions regarding the contents of this Solicitation, and Solicitation process (including requests for ADA accommodations) must be submitted in writing on or before 9:00 a.m., July 8, 2022, to Ted Stallings and Honey Schuchard, at Ted.Stallings@MesaAZ.gov, and Honey.Schuchard@MesaAZ.gov.  Questions received after this date and time may not be answered.
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    • RESPONSIBILITIES OF THE CONTRACTOR: 
    • The Contractor, at its sole expense shall:
    •  
    • In Phase 1 – Fiscal Year 22/23
    • Deliver, Install, and Test Kiosks
    • Procure ten (10) kiosk devices.
    • Deliver ten (10) kiosk devices to certified installer’s shop in fiscal year 22/23.
    • Integrate and configure ten (10) kiosk devices.
    • Perform site surveys at ten (10) downtown Mesa locations as identified in Appendix A.
    • Obtain necessary electrical studies for capacity in electrical boxes.
    • Prepare ten (10) downtown Mesa sites for installation.
    • Install ten (10) kiosk devices in downtown Mesa.
    • Test operation of ten (10) installed kiosk devices on primary City network connection.
    • Test operation of ten (10) installed kiosk devices on backup City network connection.
    • Place ten (10) installed kiosk devices into production status with formal monitoring.
    • Develop, Configure and Test Content Management Services (CMS) 
    • Set up hosted Content Management Services site for City of Mesa.
    • Set up of users, roles, and rights on the hosted Content Management Services.
    • Obtain Downtown Mesa Association (DMA) Application Programming Interface (API) documentation.
    • Code integration from CMS API to DMA API.
    • Test integration between CMS and DMA.
    • Document integration between CMS and DMA.
    • Configure kiosk per specifications described in detailed Statement of Work which will be prepared after contract award.
    • Test multi-tenancy Content Management Services with City and its partner organizations.
    • Place the City’s Content Management Services into production status with formal monitoring.
    • Train City and DMA users
    • Provide initial training to City users on configuring Content Management Services.
    • Provide user handbook for configuration of Content Management Services.
    • Perform knowledge transfer on CMS API with City and DMA technical staff.
    • Train users how to use customer ticketing tool.

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    • In Phase 2 – Fiscal Year 23/24
    • Deliver, Install, and Test Kiosks
    • Procure ten (10) kiosk devices.
    • Deliver ten (10) kiosk devices to certified installer’s shop in fiscal year 22/23.
    • Integrate and configure ten (10) kiosk devices.
    • Perform electrical and engineering design.
    • Perform site surveys at ten (10) downtown Mesa locations as identified in Appendix A.
    • Obtain necessary electrical studies to assess capacity in electrical boxes.
    • Prepare ten (10) downtown Mesa sites for installation.
    • Install ten (10) kiosk devices in downtown Mesa.
    • Test operation of ten (10) installed kiosk devices on primary City network connection.
    • Test operation of ten (10) installed kiosk devices on backup City network connection.
    • Place ten (10) installed kiosk devices into production status with formal monitoring.

    • Ongoing Support, Maintenance, and Warranties
    • Support Kiosk-as-a-Service Hardware and Software
    • Establish Service Level Agreement.
    • Configure monitoring dashboard.
    • Perform remote technical support of the hardware and software.
    • Perform all software maintenance on kiosks. 
    • Perform Onsite Repair and Maintenance Services
    • Perform onsite maintenance and repair of kiosks due to any cause of component failure including but not limited to defects, normal wear and tear, weather, accidents, and vandalism.  Maintenance shall include routine repairs, troubleshooting, and preventive maintenance.
    • Provide Warranties/Guarantees
    • Warrant/guarantee the structural integration of unit housing and kiosk components.
    • Replace and exchange all defective products pursuant to the terms of the Contractor’s applicable warranty statement.  The cost of transportation, unpacking, inspection, re-packing, reshipping, or other like expenses shall be paid by the Contractor.  All replacement products must be received by the City as soon as possible but no later than the response time guaranteed by the Contractor in the Service Level Agreement.
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    • At Conclusion of Contract
    • Remove all kiosk equipment from City locations.
    • Restore the site to equal or better condition than was present at initial installation.
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    • Equipment Recall Notices
    • In the event of any recall notice, technical service bulletin, or other important notification affecting the equipment leased or purchased under this agreement, a notice shall be sent to the Contract Administrator.  It shall be the responsibility of the Contractor to assure that all recall notices are sent directly to the City’s Contract Administrator:
  • Ted Stallings, Procurement Officer

    20 East Main Street, Suite 400

    Mesa, Arizona 85211

    Ted.Stallngs@MesaAZ.gov

    480-644-2815

     

    • RESPONSIBILITIES OF THE CITY:
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    • Provide real estate for term of the contract to house awarded contractor’s kiosk hardware.
    • Obtain permits for kiosk installations.
    • Pay for custom paint colors on kiosks.
    • Provide electricity for kiosks.
    • Install City-owned IoT and telecommunications-related equipment.
    • Install bracketry and cabling associated with City-owned RF equipment.
    • Ensure upstream network connection from kiosk to Internet is operational.
    • Allow the contractor to monetize the kiosk platform via advertising according to guidelines set forth by the City.
    • Allow the Contractor to sublease hardware and space within the kiosk to network carriers.
    • Provide and moderate all City content in the kiosk Content Management Services.
    • Clean kiosk screens and device housing on an agreed-to schedule.

    • NON-PERFORMANCE PREMISE AND KIOSK-AS-A-SERVICE:  In instances of software outage, City may be reimbursed for service time outage.  A non-performance fee will be deducted based on the amount of outage time, if any, over the calendar year.  Kiosk-as-a-Service (KaaS) fees are prepaid annually and for the purposes of SLA credits are computed on a monthly basis.
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    • “Uptime” means all periods of time during which a user can interface with or perform transactions on the Kiosk-as-a-Service solution.
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    • Normal maintenance that is scheduled with approval of City will not be considered to be a system outage.
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    • Upon City’s request, Contractor will make available City’s downtime reports calculated on a monthly basis.
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    • Service Availability: Contractor’s service-level objective for the Kiosk-as-a-Service Subscription Service is 99.9% of the time, 7 days a week, and 24 hours per day as calculated over a calendar month excluding Scheduled Downtime. This does not include Force Majeure Events or other factors outside of Contractor’s reasonable control.
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    • System Availability: For each month that the system uptime for the production Solution falls below 99.9%, Contractor will issue City the following Service Level Credits to be reflected in the next year's annual invoice:
    • If uptime falls between 98 – 99.9% of the monthly desired uptime, City will receive a 5% credit on the monthly fees in which the service level default occurred
    • If uptime falls between 95 – 97.9% of the monthly desired uptime, City will receive a 10% credit on the monthly fees in which the service level default occurred
    • If uptime falls below 95% of the monthly desired uptime, City will receive a 20% credit on the monthly fees in which the service level default occurred
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    • Service Credits are based on a calculation dividing the number of days of KaaS Subscription Service credited by 365, then multiplied by the annual Subscription Fee. In the event the annual Subscription Fee was $100,000 and the customer was due 3 days of service credit, then 3 divided by 365 times $100,000 would result in a Service Credit to the customer for $821.92.
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    • Contractor shall provide the City with a minimum of forty-eight (48) hours advance notice for scheduled maintenance, unless in the event of an emergency when notice shall be provided as soon as possible.
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    • SUPPLEMENTAL PRODUCTS AND SERVICES:  The scope described in this RFP is preliminary in nature and intended to provide Proposers with a general overview of the major tasks envisioned as part of this solicitation.  The City reserves the right to expand and/or reduce the Project Objectives as may be appropriate based on the technical content of the successful Proposer’s proposal and/or during contract negotiations based on budget considerations.
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    • TRAVEL AND EXPENSES:  All project expenses will be billed to the City at cost without markup.  Copies of bills for expense are to be submitted with the invoice.  All travel must be pre-approved by the City. The following is a list of allowable travel expenses.
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  • Transportation
  • Air Transportation – coach class fares, minimum fourteen (14) days advance purchase unless otherwise agreed upon.  Less than fourteen (14) days advanced purchase must be pre-approved by the City DoIT Project Manager and/or the Procurement Officer.
  • Car Rental – mid size car or smaller, hybrid or gas for rental (City assumes no liability regarding additional insurance costs or other optional services/equipment).
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  • Lodging and Meals
  • Meals – three meals per day, at the current federal per diem rate for Maricopa County, Arizona.  Current Federal rates can be found at the following website: http://www.gsa.gov/portal/category/21287
  • Lodging – is not to exceed the current federal rate for Maricopa County, Arizona.  Offerors are encouraged to stay in hotels located within the City of Mesa when practical.  A listing of accommodation within Mesa can be found on the following website: https://www.visitmesa.com/hotels.
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  • Incidental Expenses
  • Reimbursement for incidental expenses shall be limited to actual fees, such as airport parking fees, toll fees, taxi fare and tips, and personal mileage to and from Contractor’s “home” airport.  Reimbursement shall not include any personal expenses, such as personal items, alcoholic beverages, entertainment, personal telephone calls, traffic/parking fines, etc.

    • PROPOSAL QUESTIONNAIRE:  

    • Proposal Questionnaires/Response Forms will be used to determine which proposed solution is in the best interest of the City.
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    • The City is the sole judge as to determining what is in the best interest of the City.
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    • A separate questionnaire should be completed for each sub-category of the proposal bidder is bidding on.
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    • If supporting documentation is required, Offeror shall provide the documentation in the sequence set forth in the Request for Proposal and ensure all technical literature and/or narrative explanations fully address the specifics of the question.  Vague or disorganized responses that do not allow sufficient information for evaluation purposes may result in rejection of a Proposal.
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    • Supporting documentation must be placed in TAB D.
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    • REQUEST FOR PROPOSAL PRICE SHEET:  Proposals shall be submitted on the Pricing Form provided.  

    • Price Proposal must be submitted using only the City’s Pricing Forms and in an MS Excel format.  Failure to do so may result in the loss of points.  The City of Mesa will not pay any hidden costs or add on fees for equipment and services not described with the Contractor’s response.

    • CONTRACT STATEMENT OF WORK AND PAYMENTS/RETAINAGE:  

    • State of Work
    • Selected Contractor and the City shall develop a detailed Statement of Work.
    • Statement of Work shall contain milestones, payment amount/percentages and retainage.

    • The City prefers not to issue payment upon execution of contract, but for actual services performed and product received.

    • Twenty percent (20%) of the project cost may be retained until the Go-Live milestone is met and the invoice is received.  The system will be formally accepted when the solution performs as proposed and successful correction of problems and any deficiencies noted during implementation have occurred.

    • Payment milestone(s)
    • One or more key achievements will be tied to each milestone.
    • Failure to successfully complete a milestone(s) or a portion thereof may result in the City adjusting payment(s) to reflect Contractor’s performance.

    • Receipt of invoice(s).
    • Invoices shall include the following:
    • Invoice Number
    • Date of Invoice
    • City assigned Contract Number
    • Project Name
    • Authorization Name
    • Milestone and/or description of service (travel)
    • Quantity, If applicable
    • Price (contract authorized)
    • Remit Amount.
    • Sales tax, if applicable
    • All invoices and supporting documentation are to be emailed to City of Mesa.

    • The Proposer shall provide in the detailed draft Statement of Work their proposed payment Milestones, associated Milestone payment percentages and retainage. Milestones percentages are subject to negotiation.  Detailed Statement of Work shall be placed in TAB F.

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    • CONTRACT TERMS AND NEGOTIATION SCHEDULE:  Proposer will be expected to utilize the Agreement included in this Solicitation. The Proposer will be expected to complete negotiation for the final contract within one (1) month from notice of intent to award contract and start working on the project within thirty (30) days after contract award or contract has been signed. If an acceptable contract cannot be negotiated within this time frame, the City may formally end negotiations and begin negotiating with the next highest scoring Proposer.

  • TERM: This Solicitation is for awarding a firm, price purchasing contract to cover a five (5) year term.


    RENEWALS:  On the mutual written agreement of the Parties, the Term may be renewed up to a maximum of fifteen (15) 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) to ninety (90) day period before Contract expiration anniversary 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 $2 million per occurrence/$3 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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The following is a list of kiosk locations that are planned for the initial deployment.  The City reserves the right to change the locations of kiosks during the implementation via the established change order process specified in the Contract Agreement. 


#

Proposed Location

Description

Priority

Existing Kiosk

1

NE Country Club/Main

Taco Bell Corner



2

NE Robson/Main


4

X

3

SE Robson/Main



X

4

Dobson/Pepper

IDEA Museum



5

McDonald/Pepper

AZ Museum of Natural History

8


6

NE MacDonald/Main


3

X

7

SW MacDonald/Main



X

8

SW Center/Main


2

CityPost

9

NE Center/Main


1

CityPost

10

Main/Center-NW corner of lot, SW corner of Stage Bldg)

MAC Parking Lot

5


11

SE Hibbert/Main

Benedictine



12

Centennial/1st St

Main Library

9


13

NW Centennial/Main



X

14

between Center and Centennial just south of Main

MAC Plaza

6


15

SE Hibbert/Main (Benedictine)




16

NE Mesa/Main




17

Mesa Dr Light Rail S - exact location TBD




18

Lesueur/Main

Pioneer Park

7


19

Centennial north of main

Delta Hotel



20

SW Gilbert/Main

Park & Ride pavilion

10





 

 

 

 

AGREEMENT PURSUANT TO SOLICITATION

 


 

CITY OF MESA AGREEMENT NUMBER 2023005

 

SMART CITY KIOSK-AS-A-SERVICE SOLUTION

 


 

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

Ted Stallings

Procurement Officer II

E-Mail

Ted.Stallings@MesaAZ.Gov

Phone

(480) 644-2815

 


 

With a copy to:       City of Mesa – Using Department

 

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



 
 
 

 

 

The City of Mesa will issue Exhibit One (1) Draft Agreement via Request for Proposal 2023005 Addendum One (1) on or before 7/8/2022.

 

 


 


 

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