RFQ No. 32600247 - General Plan Update.pdf
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CITY OF BUCKEYE
REQUEST FOR QUALIFICATIONS
RFQ No. 32600247
CITY OF BUCKEYE GENERAL PLAN UPDATE
IN BUCKEYE, ARIZONA
CONTACT PERSON
TRAVIS M. STEWART
SR. CONTRACTS ADMINISTRATOR
623.349.6173
tstewart@buckeyeaz.gov
FINANCE DEPARTMENT
SOLICITATION SCHEDULE
DATE ISSUED:
MAY 20, 2026
PRE-SUBMITTAL MEETING: MAY 28, 2026 @2:00 PM LOCAL TIME
LAST DAY FOR QUESTIONS: JUNE 11, 2026 @3:00 PM LOCAL TIME
SUBMITTAL DUE DATE: JUNE 18, 2026 @3:00 PM LOCAL TIME
PLEASE NOTE: IF DOCUMENTS WERE DOWNLOADED FROM THE CITY OF BUCKEYE’S
PROCUREMENT PORTAL WEBSITE, FIRMS ARE RESPONSIBLE FOR OBTAINING ANY ADDENDA
EITHER THROUGH UPDATES ON THE WEBSITE, OR BY CONTACTING THE CITY’S CONTACT
PERSON LISTED ABOVE.
City of Buckeye General Plan Update
RFQ No. 32600247
1
BUCKEYE,AZ
TABLE OF CONTENTS
SECTION
DESCRIPTION
PAGE NO.
1.
Introduction ......................................................................................... 3
2.
Project Summary/ Scope of Work ....................................................... 3
3.
Pre-Submittal Meeting ........................................................................ 5
4.
Submittal Requirements ...................................................................... 6
5.
Format and Contents of Submittal ...................................................... 7
6.
Selection Process ................................................................................. 9
7.
General Information .......................................................................... 10
ATTACHMENT
DESCRIPTION
PAGE NO.
1.
Draft Professional Services Agreement ............................................. 12
2.
SOQ Submittal Form .......................................................................... 28
City of Buckeye General Plan Update
RFQ No. 32600247
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SECTION 1 - INTRODUCTION
The Arizona Revised Statutes require municipalities to prepare a comprehensive General Plan
describing the municipality’s vision, goals, and policies addressing several topics or “elements,”
including land use, parks and open space, water and wastewater, public safety, economic
development, transportation, sustainability, and more. Every 10 years, the General Plan must be
ratified by voters.
The City’s current General Plan, Imagine Buckeye 2040, was adopted by City Council in April 2018
and ratified by voters in August 2018. Buckeye has continued to grow significantly since 2018,
and a major update – and subsequent voter ratification – to the City’s General Plan is due in 2028.
The General Plan is a critical visioning document for all City departments; given the scale of the
effort, it is important to start the process early to maximize citizen involvement, ensure strong
community support, and meet statutory deadlines.
SECTION 2 – PROJECT SUMMARY/SCOPE OF WORK
Scope of Work
TASKS*
TASK: Engagement/Coordination
• City Coordination Meetings
o Project kick-off with City staff
o Interviews with each department/division
o Recurring meetings with City working group
o Steering committee/TAC meetings
• Public Engagement
o Develop public participation plan
o Project branding and website
o Informational brochures
o Media relations, including City social media
o Community workshops/charettes
o Stakeholder meetings/interviews
o Focus group meetings
o Development Partners Group
o Event booths at various City events
o Survey/mailers and other in-person engagement methods
o Digital engagement platform
• Council/Planning & Zoning Commission
o Kick-off workshops
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o Plan progress workshops
o Adoption hearings
• Other City Committees/Commissions
• Other engagement/coordination needs as identified by the City
TASK: Existing Conditions
• Evaluate Existing General Plan (Imagine Buckeye 2040)
• Existing Conditions Analysis – including evaluation of existing or ongoing City plans,
CMPs/PADs, etc. as well as other applicable agency plans and legislative requirements (e.g.,
mining/aggregate requirements)
• Existing Conditions Study for Housing – a goal of the housing focus area of the City’s
Strategic Plan
TASK: Land Use Plan
• Draft Land Use Categories and Land Use Plan Scenarios based on engagement and
feedback; to include an appropriate range of distinct residential, nonresidential, and mixed-
use land use classifications.
• Finalize Future Land Use Map (FLUM)
TASK: Plan Development
• Revisit or identify new Character Areas and/or Activity Centers
• Prepare Executive Summary, and other plan summaries as needed
• Anticipated Plan Components
o Introduction – Visioning, Context/Background, Public Input, How to Use the Plan
o Plan Elements (bold are mandated by ARS 9-461.05)
1. Growth
a. Land Use
b. Economic Development
c. Growth Areas
d. Housing
e. Cost of Development
2. Services
a. Public Services and Facilities
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b. Public Buildings
c. Safety
d. Education
e. Circulation
f. Bicycling
g. Water Resources
h. Parks and Recreation
3. Stewardship
a. Environmental Planning
b. Open Space
c. Energy
d. Conservation
e. Conservation, Rehabilitation, Redevelopment
f. Neighborhood Preservation and Revitalization
g. Healthy Communities
h. Arts and Culture
4. Other:
a. Placemaking
b. Other elements to be determined by City and/or engagement process
o Goals, Policies, and Implementation Plan
o Supporting Figures and Tables
TASK: Draft Plan Review and Revisions
TASK: Final Deliverables
• Final deliverables to include:
o Ten (10) hard copies
o All native files
o Unique digital interface for the public to interact with final plan
o Complete public engagement summary appendix
TASK: Ratification Support
• Targeting ratification in July 2028
*Subtasks are not listed in a particular order
SECTION 3 - PRE-SUBMITTAL MEETING
A pre-submittal meeting will be held on May 28, 2026, at 2:00 PM – 2:30 PM via Microsoft Teams.
Microsoft Teams Link: Meeting Link
City of Buckeye General Plan Update
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Attendance is not required, but it is highly encouraged as this will be an opportunity to ask
questions related to the solicitation and project. All questions related to the RFQ can be
submitted via the solicitation page in the City’s Procurement Portal website. Questions or
concerns should be submitted prior to the deadline for questions.
SECTION 4 – SUBMITTAL REQUIREMENTS
Firms interested in this project should submit a Statement of Qualifications electronically by June
18, 2026, 3:00 PM Local Time via the City’s Procurement Portal website. The file name of your
submittal should state the RFQ number and name of your company (e.g. “RFQ 32600247
company name”). The file should have a complete copy of your Statement of Qualifications in a
searchable “PDF” file format. No hard copy will be required.
Submittals must be received by the specified time. The City’s Procurement Portal website will not
allow uploads beyond the deadline for the solicitation, and the City will not accept submittals
after the deadline. All submittals must be uploaded to the solicitation posting on the City of
Buckeye’s Procurement Portal website:
https://buckeyeaz.bonfirehub.com/portal/?tab=openOpportunities
Any concerns regarding the receipt of submissions can be directed to the Sr. Contracts
Administrator, Travis M. Stewart.
Submittal:
• Submittal Cover Page (one (1) page),
• Submittal Table of Contents (one (1) page),
• Submittal Cover Letter (one (1) page),
• Section A: Project experience and qualifications of the firm (two page (2) maximum for
short narrative, one (1) page per project, maximum of six (6) projects/six (6) page
maximum),
• Section B: Experience of key personnel to be assigned to this project plus organizational
chart (Include resume for each person identified as key personnel. Limit two (2) page for
short narrative. Limit one (1) page per resume. Ten (10) page maximum for resumes. Limit
one (1) page for Organizational Chart. 11” x 17” sized page can be utilized for
Organizational Chart only,
• Section C: Method of approach to performing the required services. (Seven (7) page
maximum),
• SOQ Submittal Form, and
• Amendment Acknowledgement Forms (Only required if Amendments were issued for
RFQ) – One form per amendment.
Adherence to the maximum page criterion is critical:
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•
Each page side (maximum 8-1/2” x 11”) with criteria information will be counted
separately,
•
Do not use 11” x 14” or 11” x 17” size pages unless specifically authorized,
•
Pages that have project photos, charts and/or graphs will be counted towards the
required number of pages,
•
Cover page, table of contents page, and divider/separator (Section) pages will not be
counted against other section limitations unless they include qualification information
that could be considered by the selection panel,
•
Resumes should provide information for key staff (not company profiles) and should not
include project pictures or general firm information,
•
Any additional company information or non-key staff information included in the resume
section will be counted against the maximum page requirement,
•
Do not submit additional information not listed herein, and
•
Font size may not be less than 10 point.
Please be advised that the following will be grounds for disqualification, and will be strictly
enforced:
•
Receipt of submittal after the specified cut-off date and time, and
The City recognizes that submittals may contain confidential or proprietary information;
however, the City reserves the right to make inquiries into the information disclosed. The
submission of false or misleading information may be grounds for disqualification.
SECTION 5 – FORMAT AND CONTENTS OF SUBMITTAL
A firm will be selected through a qualifications-based selection process. The selection criteria and
relative weights for determining the order of firms on the final list are as follows:
SECTION
MAX
SCORE
Cover Letter
0
Project Experience and Qualifications of the Firm
30
Experience of Key Personnel to be Assigned to this Project
30
Understanding of the Project and Approach to Performing the Required Services
40
Total Maximum Points
100
Cover Letter.
1. Provide a general description of the firm that is proposing to provide services. Explain the
legal organization of the proposed firm or team.
2. Provide the following information:
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a. Your firm’s full company name, address, phone number, Unique Entity Identifier
(UEI), and email address for your firm’s contact person for the project,
*If a firm doesn’t have a UEI, a firm can just notate that in the letter.
b. Arizona business and/or professional licenses/registrations held by the firm,
c.
Identify any contract or subcontract held by the firm or officers of the firm, which
have been terminated within the last five years. Identify any claims arising from a
contract, which resulted in litigation or arbitration within the last three years.
Briefly describe the circumstances and the outcomes,
d. Name, title, email, and signature of person authorized to sign the Contract and
the SOQ Submittal Form. SOQs signed by an agent shall be accompanied by
evidence of that agent’s authority, and
e. Include the most current audited financial statement or equivalent financial
documents for your organization (can be included as a separate attachment in the
appendix that won’t count against page limits).
SECTION A. Project experience and qualifications of the firm. (30 points)
Identify three (3) and no more than six (6) relevant projects (one (1) page per project).
Demonstrate the experience of your firm and/or proposed team, including key sub-consultants,
on projects same/similar to that described in the solicitation in a short narrative (two (2) page
maximum). The projects submitted should also demonstrate that the consultant and/or the team
have performed same/similar type of services. Same and/or similar type of services are defined
as the following:
•
Planning projects for public sector clients – general plans, master plans, etc.,
•
Projects completed within the last seven (7) years from the date of the issuance of this
RFQ.
Project information should include the following:
•
For each project include the contract award amount and final contract amount, and
•
For each project include a project summary of services provided.
Include reference information for the primary point of contact on each project provided:
•
Name of primary point of contact
•
Title of primary point of contact
•
Phone number and email address for primary point of contact
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SECTION B. Experience of key personnel to be assigned to this project with Organizational
Chart. Short Narrative (two (2) page limit). Resumes (One (1) page per resume/ten (10) page
maximum). Organizational Chart (one (1) page limit) (30 points)
Provide a short narrative regarding key personnel, their role on this project and an organizational
chart. The organizational chart should depict the project team organization and lines of authority.
Clearly indicate superior/subordinate reporting relationships; provide names and titles of key
personnel. Include if applicable, key personnel from major subconsultants that would contribute
to major portions of any work associated with this project. You must provide resume data for all
key personnel. All positions requiring licensure must be licensed in the State of Arizona. Each
resume shall be limited to no more than one (1) page per person and shall include the following
information as a minimum:
1. Name and Title,
2. Project assignment,
3. Name of firm with which associated,
4. Years’ experience with this firm and with other firms,
5. Active professional registration, year first registered, if applicable,
6. Other experience and qualifications relevant to same/similar to services sought or other
relevant projects/work required under this contract,
7. Education: degree(s), year, specialization, if applicable.
SECTION C. Understanding of the Project and Approach to Performing the Required Services
(40 points)
Limit to seven (7) page maximum.
•
Describe your approach to engagement and coordination.
•
Describe your overall approach to developing and updating the City’s General Plan.
•
Explain how you would provide improvements in providing the services.
•
Provide a proposed schedule to complete each task as outlined in the Scope of Work.
SECTION 6 - SELECTION PROCESS
This Request for Qualifications (RFQ) is being conducted pursuant to City of Buckeye City Code.
The process will be to evaluate and score the qualifications submitted in response to this RFQ,
then rank the firms in descending order of score in a short list. The successful firm will be selected
through a qualifications-based selection process. The City reserves the right to select the most
qualified firm based off the scoring of the SOQs received. The Selection Panel will evaluate each
SOQ according to the criteria set forth in Section 5 above. Formal interviews may or may not be
conducted. The City may conduct a due diligence review on the firm receiving the highest
evaluation.
A “Selection Committee" can be comprised of City employees and outside consultants.
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The City may then decide, if necessary, to conduct oral interviews of firms to make final
selections. The City will then award a Professional Services Contract to the highest-ranked firm.
The City will offer the highest ranked firm an exclusive negotiation period. During this time, the
final terms will be negotiated between the parties. If there is an impasse in the negotiations, or
the City negotiators determine that a contract cannot be achieved, the City reserves the right to
go to the next highest rank firm. This process may continue through those firms on the final list
until a contract is successfully negotiated. The City reserves the right to reject all proposals at any
time, or to cease negotiations over a contract at any time.
All firms submitting SOQs for this project will be notified of the results by the City via City’s
Procurement Portal website.
SECTION 7 - GENERAL INFORMATION
City Rights. The City of Buckeye reserves the right to reject any or all Statements of Qualifications,
to waive any informality or irregularity in any Statement of Qualifications received, and to be the
sole judge of the merits of the respective Statements of Qualifications received.
Acceptance of Evaluation Methodology. By submitting its Qualifications in response to this SOQ,
respondent acknowledges and accepts the evaluation process, the established criteria and
associated point values, and that determination of the “most qualified” firm(s) will require
subjective judgments by the City.
Release of Project Information. The City shall provide the release of all public information
concerning this project, including selection announcements and contract award. Those desiring
to release information to the public must receive prior written approval from the City.
Contact with City Employees. All firms interested in this project (including the firm’s employees,
representatives, agents, lobbyists, attorneys, and subconsultants) will refrain, under penalty of
disqualification, from direct or indirect contact for the purpose of influencing the selection or
creating bias in the selection process with any person who may play a part in the selection
process, including the evaluation panel, the City Manager, Department Heads and other City
staff. This policy is intended to create a level playing field for all potential firms, assure that
contract decisions are made in public and to protect the integrity of the selection process. All
contact on this selection process should be addressed to the authorized representative identified
below.
Data Confidentiality. Except as specifically provided in the Contract, the Consultant or its
subconsultants shall not divulge data to any third party without prior written consent of the City.
Legal Worker Requirements. The City of Buckeye is prohibited by A.R.S. § 41-4401 from awarding
a contract to any consultant who fails, or whose subconsultants fail, to comply with A.R.S. § 23-
214(A). The consultant and each subconsultant shall comply with all federal immigration laws
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and regulations related to their employees and compliance with the stated law. The City of
Buckeye retains the legal right to inspect the papers of any consultant or subconsultant employee
who is awarded a contract to ensure that the firm or subconsultant is complying with the law.
Lawful Presence Requirement. Pursuant to A.R.S. §§ 1-501 and 1-502, the City of Buckeye is
prohibited from awarding a contract to any natural person who cannot establish that such person
is lawfully present in the United States. To establish lawful presence, a person must produce
qualifying identification and sign a City-provided affidavit affirming that the identification
provided is genuine. This requirement will be imposed at the time of contract award. This
requirement does not apply to business organizations such as corporations, partnerships or
limited liability companies.
Protest Procedures. Firms wishing to respond to disqualification, or a procurement outcome may
refer to The City of Buckeye Procurement Code, Section 24-3-17 which governs protest
procedures utilized throughout the selection process.
Suspension/Debarment. By submitting a proposal in response to this solicitation, the respondent
is certifying that it is neither debarred nor suspended nor under consideration for suspension or
debarment by any federal, state, or local government or agency. If a respondent is not able to so
certify, the respondent must submit a letter that identifies the agency involved and a contact and
explain why respondent is suspended, debarred, or being considered for suspension or
debarment.
Questions. Questions pertaining to this selection process or contract issues should be directed
to Travis M. Stewart, Sr. Contracts Administrator, through the City’s Procurement Portal
website or emailed to tstewart@buckeyeaz.gov. All questions must be received no later than
seven (7) days in advance of the SOQ due date. Responses to questions that materially change
the scope or intent of this SOQ will be issued via amendment on the City of Buckeye’s
Procurement Portal website. The City may or may not notify Respondents of posting of
amendments. Therefore, it is the Respondents’ sole responsibility to check the website
periodically for all issued amendments. Failure to include acknowledgement of all amendments
may be cause for rejection of the proposal.
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ATTACHMENT 1
DRAFT PROFESSIONAL SERVICES AGREEMENT
City of Buckeye General Plan Update
RFQ No. 32600247
12
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF BUCKEYE
AND
TBD
CONTRACT NO. 32600247
THIS PROFESSIONAL SERVICES AGREEMENT (this “Agreement”) is entered into as of
_______________________, 202_, between the City of Buckeye, an Arizona municipal corporation (the
“City”), and _____________________, a(n) ____________ (the “Consultant”).
RECITALS
A.
The City issued a Request for Qualifications, “RFQ No. 32600247 City of Buckeye General
Plan Update,” (the “RFQ”), a copy of which is on file in the City’s Finance Office and incorporated herein
by reference, seeking statements of qualifications from vendors for professional consulting services.
B.
The Consultant submitted a Statement of Qualifications in response to the RFQ (the
“SOQ”), a copy of which is on file in the City’s Finance Office and incorporated herein by reference, and
the City desires to enter into an Agreement with the Consultant to provide consulting services for
the City of Buckeye General Plan Update project (the “Services”).
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing introduction and recitals, which are
incorporated herein by reference, the following mutual covenants and conditions, and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City and the
Consultant hereby agree as follows:
1.
Term of Agreement. This Agreement shall be effective as of the date first set forth above
and shall remain in full force and effect for TBD, with the option to renew for TBD, unless terminated as
otherwise provided in this Agreement.
2.
Scope of Work. The Consultant shall provide the Services as set forth in the Scope of Work
attached hereto as Exhibit A and incorporated herein by reference. The Consultant shall (i) provide the
Services required by this Agreement, (ii) be responsible for all means, methods, techniques, sequences,
and proceedings associated with the Services, and (iii) be responsible for the acts and omissions of its
employees, agents and other persons performing any of the Services under a contract with the Consultant.
3.
Compensation. The City shall pay the Consultant an amount not to exceed $__________
for the Services at the rates set forth in the Fee Proposal, attached hereto as Exhibit A and incorporated
herein by reference.
4.
Payments. The City shall pay the Consultant monthly, based upon work performed and
completed to date, and upon submission and approval of invoices. All invoices shall document and itemize
all work completed to date. Each invoice statement shall include a record of time expended and work
performed in sufficient detail to justify payment.
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5.
Safety Plan. The Consultant shall provide the Services in accordance with a safety plan
that is compliant with Occupational Safety and Health Administration (“OSHA”), American National
Standards Institute, and National Institute for Occupational Safety and Health standards. If, in the
Consultant’s sole determination, the Services to be provided do not require a safety plan, the Consultant
shall notify the City, in writing, describing the reasons a safety plan is unnecessary. The City reserves the
right to request a safety plan following such notification.
6.
Documents. All documents, including any intellectual property rights thereto, prepared
and submitted to the City pursuant to this Agreement shall be the property of the City. The City may use
such documents for other purposes without further compensation to the Consultant; however, any reuse
without written verification or adaptation by the Consultant for the specific purpose intended will be at
the City’s sole risk and without liability or legal exposure to the Consultant.
7.
Consultant Personnel. The Consultant shall provide experienced personnel, capable of
and devoted to the successful performance of the Services under this Agreement. The Consultant agrees
to assign specific individuals to key positions. If deemed qualified, the Consultant is encouraged to hire
City residents to fill vacant positions at all levels. The Consultant agrees that, upon commencement of
the Services to be performed under this Agreement, key personnel will not be removed or replaced
without prior written notice to the City. If key personnel are not available to perform the Services for a
continuous period exceeding 30 calendar days, or are expected to devote substantially less effort to the
Services than initially anticipated, the Consultant shall immediately notify the City of same and shall,
subject to the concurrence of the City, replace such personnel with personnel possessing substantially
equal ability and qualifications.
8.
Inspection; Acceptance. All work shall be subject to inspection and acceptance by the City
at reasonable times during the Consultant’s performance. The Consultant shall provide and maintain a
self-inspection system that is acceptable to the City.
9.
Licenses. The Consultant shall maintain in current status all federal, state, and local
licenses and permits required for the operation of the business conducted by the Consultant. The City
has no obligation to provide the Consultant, its employees, or subcontractors any business registrations
or licenses required to perform the specific services set forth in this Agreement.
10.
Materials; Equipment. The Consultant shall provide, pay for, and insure under the
requisite laws and regulations all labor, materials, equipment, tools, transportation, and other facilities
and services necessary for the proper execution and completion of the Services.
11.
Performance Warranty. In addition to any specific obligations set forth in Exhibit A, the
Consultant warrants that the Services rendered will conform to the requirements of this Agreement and
shall be carried out with the care and skill ordinarily used by members of the same profession practicing
under similar circumstances at the same time and in the same locality.
12.
Indemnification. To the fullest extent permitted by law, the Consultant shall indemnify
and hold harmless the City and each council member, officer, employee, or agent thereof (the City and
any such person being herein called an “Indemnified Party”), for, from, and against any and all losses,
claims, damages, liabilities, costs, and expenses (including, but not limited to, reasonable attorneys’ fees,
court costs and the costs of appellate proceedings) to which any such Indemnified Party may become
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subject, under any theory of liability whatsoever (“Claims”) to the extent that such Claims (or actions in
respect thereof) are caused by the negligent acts, recklessness or intentional misconduct of the
Consultant, its officers, employees, agents, or any tier of subcontractor in connection with the
Consultant’s work or services in the performance of this Agreement. The amount and type of insurance
coverage requirements set forth below will in no way be construed as limiting the scope of the indemnity
in this Section.
13.
Insurance.
13.1
General.
A.
Insurer Qualifications. Without limiting any obligations or liabilities of the
Consultant, the Consultant shall purchase and maintain, at its own expense, hereinafter stipulated
minimum insurance with insurance companies authorized to do business in the State of Arizona
pursuant to ARIZ. REV. STAT. § 20-206, as amended, with an AM Best, Inc. rating of A- or above with
policies and forms satisfactory to the City. Failure to maintain insurance as specified herein may
result in termination of this Agreement at the City’s option.
B.
No Representation of Coverage Adequacy. By requiring insurance herein,
or by approving or expressing satisfaction with insurance policies and forms pursuant to the
provisions of this agreement, the City does not represent that coverage and limits will be
adequate to protect the Consultant. The City reserves the right to review any and all of the
insurance policies and/or endorsements cited in this Agreement, but has no obligation to do so.
Failure to demand such evidence of full compliance with the insurance requirements set forth in
this Agreement or failure to identify any insurance deficiency shall not relieve the Consultant
from, nor be construed or deemed a waiver of, its obligation to maintain the required insurance
at all times during the performance of this Agreement.
C.
Additional Insured. All insurance coverage, except Workers’
Compensation insurance and Professional Liability insurance, if applicable, shall name, to the
fullest extent permitted by law for claims arising out of the performance of this Agreement, the
City, its agents, representatives, officers, directors, officials and employees as Additional Named
Insured as specified under the respective coverage sections of this Agreement.
D.
Coverage Term. All insurance required herein shall be maintained in full
force and effect until all work or services required to be performed under the terms of this
Agreement are satisfactorily performed, completed, and formally accepted by the City, unless
specified otherwise in this Agreement.
E.
Primary Insurance. The Consultant’s insurance shall be primary insurance
with respect to performance of this Agreement and in the protection of the City as an Additional
Insured.
F.
Claims Made. In the event any insurance policies required by this
Agreement are written on a “claims made” basis, coverage shall extend, either by keeping
coverage in force or purchasing an extended reporting option, for three years past completion
and acceptance of the services. Such continuing coverage shall be evidenced by submission of
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annual Certificates of Insurance and necessary endorsements citing applicable coverage is in force
and contains the provisions as required herein for the three-year period.
G.
Waiver. All policies, except for Professional Liability, including Workers’
Compensation insurance, shall contain a waiver of rights of recovery (subrogation) against the
City, its agents, representatives, officials, officers, and employees for any claims arising out of the
work or services of the Consultant. The Consultant shall arrange to have such subrogation waivers
incorporated into each policy via formal written endorsement thereto.
H.
Policy Deductibles and/or Self-Insured Retentions. The policies set forth
in these requirements may provide coverage that contains deductibles or self-insured retention
amounts. Such deductibles or self-insured retention shall not be applicable with respect to the
policy limits provided to the City. The Consultant shall be solely responsible for any such
deductible or self-insured retention amount.
I.
Use of Subcontractors. If any work under this Agreement is
subcontracted in any way, the Consultant shall execute written agreements with its
subcontractors containing the indemnification provisions set forth in this Section and insurance
requirements set forth herein protecting the City and the Consultant. The Consultant shall be
responsible for executing any agreements with its subcontractors and obtaining certificates of
insurance verifying the insurance requirements.
J.
Evidence of Insurance. Prior to commencing any work or services under
this Agreement, the Consultant will provide the City with suitable evidence of insurance in the
form of certificates of insurance and a copy of the declaration page(s) of the insurance policies as
required by this Agreement, issued by the Consultant’s insurance insurer(s) as evidence that
policies are placed with acceptable insurers as specified herein and provide the required
coverages, conditions and limits of coverage specified in this Agreement and that such coverage
and provisions are in full force and effect. Confidential information such as the policy premium
may be redacted from the declaration page(s) of each insurance policy, provided that such
redactions do not alter any of the information required by this Agreement. The City shall
reasonably rely upon the certificates of insurance and declaration page(s) of the insurance policies
as evidence of coverage but such acceptance and reliance shall not waive or alter in any way the
insurance requirements or obligations of this Agreement. If any of the policies required by this
Agreement expire during the life of this Agreement, it shall be the Consultant’s responsibility to
forward renewal certificates and declaration page(s) to the City 30 days prior to the expiration
date. All certificates of insurance and declarations required by this Agreement shall be identified
by referencing this Agreement. A $25.00 administrative fee shall be assessed for all certificates
or declarations received without the appropriate reference to this Agreement. Additionally,
certificates of insurance and declaration page(s) of the insurance policies submitted without
referencing this Agreement will be subject to rejection and may be returned or discarded.
Certificates of insurance and declaration page(s) shall specifically include the following provisions:
(1)
The City, its agents, representatives, officers, directors, officials,
and employees are Additional Insureds as follows:
(a)
Commercial General Liability – Under Insurance Services
Office, Inc., (“ISO”) Form CG 20 10 04 13 or equivalent.
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(b)
Auto Liability – Under ISO Form CA 20 48 or equivalent.
(c)
Excess Liability – Follow Form to underlying insurance.
(2)
The Consultant’s insurance shall be primary insurance with
respect to performance of this Agreement.
(3)
All policies, except for Professional Liability, including Workers’
Compensation, waive rights of recovery (subrogation) against the City, its agents,
representatives, officers, officials, and employees for any claims arising out of work or
services performed by the Consultant under this Agreement.
ACORD certificate of insurance form 25 (2014/01) is preferred. If ACORD certificate of insurance
form 25 (2001/08) is used, the phrases in the cancellation provision “endeavor to” and “but failure
to mail such notice shall impose no obligation or liability of any kind upon the company, its agents
or representatives” shall be deleted. Certificate forms other than ACORD form shall have similar
restrictive language deleted.
K.
Endorsements. The Consultant shall provide the City with the necessary
endorsements to ensure the City is provided the insurance coverage set forth in this Section 13.
13.2
Required Insurance Coverage.
A.
Commercial General Liability. The Consultant shall maintain
“occurrence” form Commercial General Liability insurance with an unimpaired limit of not less
than $1,000,000 for each occurrence, $2,000,000 Products and Completed Operations Annual
Aggregate, and a $2,000,000 General Aggregate Limit. The policy shall cover liability arising from
premises, operations, independent contractors, products-completed operations, personal injury,
and advertising injury. Coverage under the policy will be at least as broad as ISO policy form CG
00 010 93 or equivalent thereof, including but not limited to, separation of insured’s clause. To
the fullest extent allowed by law, for claims arising out of the performance of this Agreement, the
City, its agents, representatives, officers, officials, and employees shall be cited as an Additional
Insured under ISO, Commercial General Liability Additional Insured Endorsement form CG 20 10
04 13, or equivalent, which shall read “Who is an Insured (Section II) is amended to include as an
insured the person or organization shown in the Schedule, but only with respect to liability arising
out of “your work” for that insured by or for you.” If any Excess insurance is utilized to fulfill the
requirements of this subsection, such Excess insurance shall be “follow form” equal or broader in
coverage scope than underlying insurance.
B.
Vehicle Liability. The Consultant shall maintain Business Automobile
Liability insurance with a limit of $1,000,000 each occurrence on the Consultant’s owned, hired,
and non-owned vehicles assigned to or used in the performance of the Consultant’s work or
services under this Agreement. Coverage will be at least as broad as ISO coverage code “1” “any
auto” policy form CA 00 01 12 93 or equivalent thereof. To the fullest extent allowed by law, for
claims arising out of the performance of this Agreement, the City, its agents, representatives,
officers, directors, officials, and employees shall be cited as an Additional Insured under ISO
Business Auto policy Designated Insured Endorsement form CA 20 48 or equivalent. If any Excess
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insurance is utilized to fulfill the requirements of this subsection, such Excess insurance shall be
“follow form” equal or broader in coverage scope than underlying insurance.
C.
Professional Liability. If this Agreement is the subject of any professional
services or work, or if the Consultant engages in any professional services or work in any way
related to performing the work under this Agreement, the Consultant shall maintain Professional
Liability insurance covering negligent errors and omissions arising out of the Services performed
by the Consultant, or anyone employed by the Consultant, or anyone for whose negligent acts,
mistakes, errors, and omissions the Consultant is legally liable, with an unimpaired liability
insurance limit of $2,000,000 each claim and $2,000,000 annual aggregate.
D.
Workers’ Compensation Insurance. If the Consultant employs anyone
who is required by law to be covered by workers’ compensation insurance, the Consultant shall
maintain Workers’ Compensation insurance to cover obligations imposed by federal and state
statutes having jurisdiction over the Consultant’s employees engaged in the performance of work
or services under this Agreement and shall also maintain Employers Liability Insurance of not less
than $500,000 for each accident, $500,000 disease for each employee and $1,000,000 disease
policy limit.
13.3
Cancellation and Expiration Notice. The Consultant shall provide at least 30 days
prior written notice to the City before insurance required herein expires, is canceled, or is materially
changed.
14.
Termination; Cancellation. The City may, by written notice to the Consultant as set forth
in this Section, terminate this Agreement in whole or in part.
14.1
For City’s Convenience. This Agreement is for the convenience of the City and, as
such, may be terminated without cause after receipt by the Consultant of written notice by the City. Upon
termination for convenience, the Consultant shall be paid for all undisputed services performed to the
termination date.
14.2
For Cause. If either party fails to perform any obligation pursuant to this
Agreement and such party fails to cure its nonperformance within 30 days after notice of nonperformance
is given by the non-defaulting party, such party will be in default. In the event of such default, the non-
defaulting party may terminate this Agreement immediately for cause and will have all remedies that are
available to it at law or in equity including, without limitation, the remedy of specific performance. If the
nature of the defaulting party’s nonperformance is such that it cannot reasonably be cured within 30 days,
then the defaulting party will have such additional periods of time as may be reasonably necessary under
the circumstances, provided the defaulting party immediately (A) provides written notice to the non-
defaulting party and (B) commences to cure its nonperformance and thereafter diligently continues to
completion the cure of its nonperformance. In no event shall any such cure period exceed 90 days. In the
event of such termination for cause, payment shall be made by the City to the Consultant for the
undisputed portion of its fee due as of the termination date.
14.3
Due to Work Stoppage. This Agreement may be terminated by the City upon 30
days’ written notice to the Consultant in the event that the Services are permanently abandoned. If the
Consultant abandons the Services without the consent of the City, the Consultant shall be liable for all
actual, incidental, and consequential damages arising from or related to said abandonment, including, but
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not limited to: (A) the difference between the cost of a replacement consultant to complete the Services
and the contract price for the Consultant under this Agreement; and (B) any additional charges, costs, fees
or expenses for labor, materials or professional services incurred by the City as a result of delays caused
by abandonment of the Services by the Consultant. The City shall use its best efforts to replace the
Consultant within a reasonable time.
14.4
Conflict of Interest. This Agreement is subject to the provisions of ARIZ. REV. STAT.
§ 38-511. The City may cancel this Agreement without penalty or further obligations by the City or any of
its departments or agencies if any person significantly involved in initiating, negotiating, securing, drafting,
or creating this Agreement on behalf of the City or any of its departments or agencies is, at any time while
this Agreement or any extension of this Agreement is in effect, an employee of any other party to this
Agreement in any capacity or a consultant to any other party of this Agreement with respect to the subject
matter of this Agreement.
14.5
Gratuities. The City may, by written notice to the Consultant, cancel this
Agreement if it is found by the City that gratuities, in the form of economic opportunity, future
employment, entertainment, gifts, or otherwise, were offered or given by the Consultant or any agent or
representative of the Consultant to any officer, agent or employee of the City for the purpose of securing
this Agreement. In the event this Agreement is canceled by the City pursuant to this provision, the City
shall be entitled, in addition to any other rights and remedies, to recover and withhold from the
Consultant an amount equal to 150% of the gratuity.
14.6
Agreement Subject to Appropriation. The City is obligated only to pay its
obligations set forth in this Agreement as may lawfully be made from funds appropriated and budgeted
for that purpose during the City’s then-current fiscal year. The City’s obligations under this Agreement
are current expenses subject to the “budget law” and the unfettered legislative discretion of the City
concerning budgeted purposes and appropriation of funds. Should the City elect not to appropriate and
budget funds to pay its Agreement obligations, this Agreement shall be deemed terminated at the end of
the then-current fiscal year term for which such funds were appropriated and budgeted for such purpose
and the City shall be relieved of any subsequent obligation under this Agreement. The parties agree that
the City has no obligation or duty of good faith to budget or appropriate the payment of the City’s
obligations set forth in this Agreement in any budget in any fiscal year other than the fiscal year in which
this Agreement is executed and delivered. The City shall be the sole judge and authority in determining
the availability of funds for its obligations under this Agreement. The City shall keep the Consultant
informed as to the availability of funds for this Agreement. The obligation of the City to make any payment
pursuant to this Agreement is not a general obligation or indebtedness of the City. The Consultant hereby
waives any and all rights to bring any claim against the City from or relating in any way to the City’s
termination of this Agreement pursuant to this Section.
14.7
Obligations Upon Receipt of Termination Notice. Upon receipt of a notice of
termination as set forth above, the Consultant shall (A) immediately discontinue all Services affected
(unless the notice directs otherwise), and (B) deliver to the City copies of all data, reports, calculations,
drawings, specifications, and estimates entirely or partially completed, together with all unused materials
supplied by the City, related to the Services including any completed divisible part of the Services which
can be deemed to stand alone (the completed divisible parts of the Services will be determined by both
parties at the time of termination). Such termination shall not relieve the Consultant of liability for errors
and omissions. Any use of incomplete documents for the Services or for any other project without the
specific written authorization by the Consultant will be without liability or legal exposure to the
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Consultant. The Consultant shall appraise the work it has completed and submit the appraisal to the City
for evaluation.
15.
Suspension of Work.
15.1
Order to Suspend. The City may, for its convenience, order the Consultant, in
writing, to suspend all or any part of the Services for such period of time as it may determine to be
appropriate.
15.2
Adjustment to Contract Sum. If the performance of all or any part of the Services
is, for any unreasonable period of time, suspended or delayed by an act of the City in the administration
of this Agreement, or by its failure to act within the time specified in this Agreement (or if no time is
specified, within a reasonable time), an adjustment shall be made for any increase in cost of performance
of this Agreement necessarily caused by such unreasonable suspension or modified in writing accordingly.
However, no adjustment shall be made under this clause for any suspension or delay (A) to the extent
that performance was suspended or delayed for any other cause, including the fault or negligence of the
Consultant, or (B) for which a change order is executed.
16.
Miscellaneous.
16.1
Independent Contractor. It is clearly understood that each party will act in its
individual capacity and not as an agent, employee, partner, joint venturer, or associate of the other. An
employee or agent of one party shall not be deemed or construed to be the employee or agent of the
other for any purpose whatsoever. The Consultant acknowledges and agrees that the Services provided
under this Agreement are being provided as an independent contractor, not as an employee or agent of
the City. The Consultant, its employees, and subcontractors are not entitled to workers’ compensation
benefits from the City. The City does not have the authority to supervise or control the actual work of the
Consultant, its employees or subcontractors. The Consultant, and not the City, shall determine the time
of its performance of the services provided under this Agreement so long as the Consultant meets the
requirements of its agreed Scope of Work as set forth in Section 2 and in Exhibit A. The Consultant is
neither prohibited from entering into other contracts nor prohibited from practicing its profession
elsewhere. The City and the Consultant do not intend to nor will they combine business operations under
this Agreement.
16.2
Applicable Law; Venue. This Agreement shall be governed by the laws of the State
of Arizona and suit pertaining to this Agreement may be brought only in courts in Maricopa County,
Arizona.
16.3
Laws and Regulations. The Consultant shall keep fully informed and shall at all
times during the performance of its duties under this Agreement ensure that it and any person for whom
the Consultant is responsible abides by, and remains in compliance with, all rules, regulations, ordinances,
statutes, or laws affecting the Services, including, but not limited to, the following: (A) existing and future
City and County ordinances and regulations, (B) existing and future State and Federal laws, and (C) existing
and future OSHA standards.
16.4
Amendments. This Agreement may be modified only by a written amendment
signed by persons duly authorized to enter into contracts on behalf of the City and the Consultant.
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16.5
Provisions Required by Law. Each and every provision of law and any clause
required by law to be in this Agreement will be read and enforced as though it were included herein and,
if through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon
the application of either party, this Agreement will promptly be physically amended to make such
insertion or correction.
16.6
Severability. The provisions of this Agreement are severable to the extent that
any provision or application held to be invalid by a Court of competent jurisdiction shall not affect any
other provision or application of this Agreement that may remain in effect without the invalid provision
or application.
16.7
Entire Agreement; Interpretation; Parol Evidence. This Agreement represents the
entire agreement of the parties with respect to its subject matter, and all previous agreements, whether
oral or written, entered into prior to this Agreement are hereby revoked and superseded by this
Agreement. No representations, warranties, inducements or oral agreements have been made by any of
the parties except as expressly set forth herein, or in any other contemporaneous written agreement
executed for the purposes of carrying out the provisions of this Agreement. This Agreement shall be
construed and interpreted according to its plain meaning, and no presumption shall be deemed to apply
in favor of, or against the party drafting this Agreement. The parties acknowledge and agree that each
has had the opportunity to seek and utilize legal counsel in the drafting of, review of, and entry into this
Agreement.
16.8
Assignment; Delegation. No right or interest in this Agreement shall be assigned
or delegated by the Consultant without prior, written permission of the City, signed by the City Manager.
Any attempted assignment or delegation by the Consultant in violation of this provision shall be a breach
of this Agreement by the Consultant.
16.9
Subcontracts. No subcontract shall be entered into by the Consultant with any
other party to furnish any of the material or services specified herein without the prior written approval
of the City. The Consultant is responsible for performance under this Agreement whether or not
subcontractors are used. Failure to pay subcontractors in a timely manner pursuant to any subcontract
shall be a material breach of this Agreement by the Consultant.
16.10 Rights and Remedies. No provision in this Agreement shall be construed,
expressly or by implication, as waiver by the City of any existing or future right and/or remedy available
by law in the event of any claim of default or breach of this Agreement. The failure of the City to insist
upon the strict performance of any term or condition of this Agreement or to exercise or delay the exercise
of any right or remedy provided in this Agreement, or by law, or the City’s acceptance of and payment for
services, shall not release the Consultant from any responsibilities or obligations imposed by this
Agreement or by law, and shall not be deemed a waiver of any right of the City to insist upon the strict
performance of this Agreement.
16.11 Attorneys’ Fees. In the event either party brings any action for any relief,
declaratory or otherwise, arising out of this Agreement or on account of any breach or default hereof, the
prevailing party shall be entitled to receive from the other party reasonable attorneys’ fees and
reasonable costs and expenses, determined by the court sitting without a jury, which shall be deemed to
have accrued on the commencement of such action and shall be enforced whether or not such action is
prosecuted through judgment.
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16.12 Liens. All materials or services shall be free of all liens and, if the City requests, a
formal release of all liens shall be delivered to the City.
16.13 Offset.
A.
Offset for Damages. In addition to all other remedies at law or equity,
the City may offset from any money due to the Consultant any amounts the Consultant owes to
the City for damages that have been reduced to a judgment resulting from breach or deficiencies
in performance or breach of any obligation under this Agreement.
B.
Offset for Delinquent Fees or Taxes. The City may offset from any money
due to the Consultant any amounts the Consultant owes to the City for delinquent fees,
transaction privilege use taxes, and property taxes, including any interest or penalties.
16.14 Notices and Requests. Any notice or other communication required or permitted
to be given under this Agreement shall be in writing and shall be deemed to have been duly given if (A)
delivered to the party at the address set forth below, (B) deposited in the U.S. Mail, registered or certified,
return receipt requested, to the address set forth below, or (C) given to a recognized and reputable
overnight delivery service, to the address set forth below:
If to the City:
City of Buckeye
Attn: Procurement
530 E. Monroe Avenue
Buckeye, Arizona 85236
Email: contracts@buckeyeaz.gov
With copy to:
City of Buckeye
Attn: Legal
530 E. Monroe Avenue
Buckeye, Arizona 85326
Email: legal@buckeyeaz.gov
If to Consultant:
_________________________
_________________________
_________________________
Attn: ____________________
Email:
or at such other address, and to the attention of such other person or officer, as any party may designate
in writing by notice duly given pursuant to this subsection. Notices shall be deemed received (A) when
delivered to the party, (B) three business days after being placed in the U.S. Mail, properly addressed,
with sufficient postage, or (C) the following business day after being given to a recognized overnight
delivery service, with the person giving the notice paying all required charges and instructing the delivery
service to deliver on the following business day. If a copy of a notice is also given to a party’s counsel or
other recipient, the provisions above governing the date on which a notice is deemed to have been
received by a party shall mean and refer to the date on which the party, and not its counsel or other
recipient to which a copy of the notice may be sent, is deemed to have received the notice.
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16.15 Confidentiality of Records. The Consultant shall establish and maintain
procedures and controls that are acceptable to the City for the purpose of ensuring that information
contained in its records or obtained from the City or from others in carrying out its obligations under this
Agreement shall not be used or disclosed by it, its agents, officers, or employees, except as required to
perform the Consultant’s duties under this Agreement. Persons requesting such information should be
referred to the City. The Consultant also agrees that any information pertaining to individual persons shall
not be divulged other than to employees or officers of the Consultant as needed for the performance of
duties under this Agreement.
16.16 Information Technology.
A.
Limited Access. If necessary for the fulfillment of this Agreement, the City
may provide the Consultant with non-exclusive, limited access to the City’s information
technology infrastructure. The Consultant understands and agrees to abide by all City policies,
standards, regulations, and restrictions regarding access and usage of the City’s information and
communication technology resources. The Consultant shall enforce all such policies, standards,
regulations, and restrictions with all the Consultant’s employees, agents, or any tier of
subcontractor granted access in the performance of this Agreement and shall be granted and
authorized only such access as may be necessary for the purpose of fulfilling the requirements of
this Agreement.
B.
Permitted Access. The Consultant’s employees, agents, and
subcontractors must receive prior, written approval from the City before being granted access to
the City’s information and communication technology resources and data. The City, in its sole
discretion, shall determine accessibility and limitations thereto. The Consultant agrees that the
requirements of this Section shall be incorporated into all subcontractor/subconsultant
agreements entered into by the Consultant. It is further agreed that a violation of this Section
shall be deemed to cause irreparable harm that justifies injunctive relief in court.
Notwithstanding the provisions in Section 14, a violation of this Section may result in immediate
termination of this Agreement without notice.
C.
Data Confidentiality. All City data and technical information, regardless
of form, including originals, images, and reproductions, prepared by, obtained by, or transmitted
to the Consultant in connection with this Agreement, are confidential, proprietary information
owned by the City. Except as specifically provided in this Agreement, the Consultant shall not,
without the prior, written consent of the City Manager or authorized designee, (A) disclose data
generated in the performance of the services to any third party, or (B) use City data and
information.
D.
Data Security. Personal identifying information, financial account
information, or restricted City information, whether in electronic format or hard copy, must be
secured and protected at all times to avoid unauthorized access. At a minimum, the Consultant
must encrypt and/or password-protect electronic files. This includes data saved to laptop
computers, computerized devices, or removable storage devices. When City information,
regardless of its format, is no longer required by the Consultant to execute the work contracted
by the City, the information must be redacted or destroyed through appropriate and secure
methods to ensure the information cannot be viewed, accessed, or reconstructed.
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E.
Compromised Security. In the event that data collected or obtained by
the Consultant in connection with this Agreement is believed to have been compromised, the
Consultant shall immediately notify the City Manager, or authorized City designee. The
Consultant agrees to reimburse the City for any costs incurred by the City to investigate potential
breaches of this data by the Consultant and, where applicable, the cost of notifying and/or
assisting individuals who may be impacted by the breach.
F.
Disengagement. In the event this Agreement is terminated by either
party, the Consultant agrees to confer back to the City all of its data, in usable and normalized
format, within 30 days of notice of termination. There shall be no charge for the return of City
data to the City.
G.
Survival. The obligations of the Consultant under this Section 16.16 shall
survive the termination of this Agreement.
16.17 Records and Audit Rights. To ensure that the Consultant and its subcontractors
are complying with the warranty under subsection 16.18, the Consultant’s and its subcontractor’s books,
records, correspondence, accounting procedures and practices, and any other supporting evidence
relating to this Agreement, including the papers of any of the Consultant’s and its subcontractors’
employees who perform any work or services pursuant to this Agreement (all of the foregoing hereinafter
referred to as “Records”), shall be open to inspection and subject to audit and/or reproduction during
normal working hours by the City, to the extent necessary to adequately permit (A) evaluation and
verification of any invoices, payments or claims based on the Consultant’s and its subcontractors’ actual
costs (including direct and indirect costs and overhead allocations) incurred, or units expended directly in
the performance of work under this Agreement and (B) evaluation of the Consultant’s and its
subcontractors’ compliance with the Arizona employer sanctions laws referenced in subsection 16.18. To
the extent necessary for the City to audit Records as set forth in this subsection, the Consultant and its
subcontractors hereby waive any rights to keep such Records confidential. For the purpose of evaluating
or verifying such actual or claimed costs or units expended, the City shall have access to said Records,
even if located at its subcontractors’ facilities, from the effective date of this Agreement for the duration
of the work and until three years after the date of final payment by the City to the Consultant pursuant to
this Agreement. The Consultant and its subcontractors shall provide the City with adequate and
appropriate workspace so that the City can conduct audits in compliance with the provisions of this
subsection. The City shall give the Consultant or its subcontractors reasonable advance notice of intended
audits. The Consultant shall require its subcontractors to comply with the provisions of this subsection by
insertion of the requirements hereof in any subcontract pursuant to this Agreement.
16.18 E-Verify Requirements. To the extent applicable under ARIZ. REV. STAT. § 41-4401,
the Consultant and its subcontractors warrant compliance with all federal immigration laws and
regulations that relate to their employees and their compliance with the E-Verify requirements under
ARIZ. REV. STAT. § 23-214(A). The Consultant’s or its subcontractor’s failure to comply with such warranty
shall be deemed a material breach of this Agreement and may result in the termination of this Agreement
by the City.
16.19 Israel. To the extent ARIZ. REV. STAT. § 35-393 through § 35-393.03 are applicable,
the parties hereby certify that they are not currently engaged in, and agree for the duration of this
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Agreement to not engage in, a “boycott” of goods or services from Israel, as that term is defined in ARIZ.
REV. STAT. § 35-393.
16.20 Conflicting Terms. In the event of any inconsistency, conflict, or ambiguity among
the terms of this Agreement, any amendments, the Scope of Work, any City-approved Purchase Order, or
the Fee Proposal, the documents shall govern in the order listed herein.
16.21 Time is of the Essence. The timely completion of the Services is of critical
importance to the economic circumstances of the City.
16.22 Meaning of Terms. References made in the singular shall include the plural and
the masculine shall include the feminine or the neuter.
16.23
Non-Exclusive Contract. This Agreement is entered into with the understanding
and agreement that it is for the sole convenience of the City. The City reserves the right to obtain like
goods and services from another source when necessary.
16.24
Forced Labor of Ethnic Uyghurs. To the extent applicable under ARIZ. REV. STAT. §
35-394, the Vendor warrants and certifies that it does not currently, and agrees for the duration of this
Agreement that it will not use the forced labor, any goods or services produced by the forced labor, or
any contractors, subcontractors, or suppliers that use the forced labor or any goods or services produced
by the forced labor of ethnic Uyghurs in the People’s Republic of China. If the Vendor becomes aware
that it is not in compliance with this paragraph, the Vendor shall notify the Town of the noncompliance
within five business days of becoming aware of it. If the Vendor fails to provide a written certification that
the Vendor has remedied the noncompliance within 180 days after that, this Agreement shall terminate
unless the termination date of this Agreement occurs before the end of the remedy, in which case this
Agreement terminates on the contract termination date.
16.25 Clickwrap Terms Excluded. In the event the Consultant’s terms of sale or service
were provided to the City only upon “acceptance” of a “clickwrap” or “clickthrough” agreement, such terms
of sale or service shall not be binding upon the City. No oral agreement, “clickwrap” or “clickthrough”
agreement or other understanding shall in any way modify a City issued or approved contract or the terms
of this Professional Services Agreement.
[SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year
first set forth above.
“City”
“Consultant”
CITY OF BUCKEYE,
,
an Arizona municipal corporation
a(n)
By:
Doug Sandstrom, City Manager
ATTEST:
Lucinda Aja, City Clerk
RECOMMENDED:
Rob Roach, Grant Program and Procurement Manager
APPROVED AS TO FORM:
Tosca Henry, City Attorney
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RFQ No. 32600247
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EXHIBIT A
TO
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF BUCKEYE
AND
______________________________
[Fee Proposal]
See following pages.
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ATTACHMENT 2
SOQ SUBMITTAL FORM
City of Buckeye General Plan Update
RFQ No. 32600247
28
SOQ SUBMITTAL FORM
RFQ 32600247: CITY OF BUCKEYE GENERAL PLAN UPDATE
Company Name: ___________________________________________________________
Authorized Representative:
Title:
Address:
Phone Number:
Email Address:
Website Address:
________________
The undersigned Offeror’s declares to have read and fully understand the RFQ, Draft
Professional Services Agreement and agrees to all the terms, conditions, and provisions
contained therein; and proposes and agrees that if this SOQ is submitted and accepted,
consultant will contract to perform in accordance with the Scope of Work and SOQ.
Signature of Authorized Representative: ______________________________
Printed Name of Authorized Representative: ___________________________
Date:
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