CITY OF TEMPE CONTRACT 15-166 RFP.PDF

REQUEST FOR PROPOSAL CITY OF TEMPE
REQUEST FOR PROPOSAL: 15 - 166 RFP ISSUE DATE: 06/08/2015
Commodity Code(s): 133-03, 140-03
PROCUREMENT DESCRIPTION: HP Enterprise Computers, Servers, and Related
Enterprise Products, Accessories, Services and Bolt
on Items
PROPOSAL DUE DATE/TIME: Wednesday, July 1, 2015,3:00 P.M. Local Time
Late proposals will not be considered.
PROPOSAL RESPONSE MUST BE DELIVERED TO CITY PROCUREMENT OFFICE.
Mailing Address: P.O. Box 5002, Tempe, AZ 85280
Street Address: 20 E. Sixth Street (2n d Floor), Tempe, AZ 85281
Mailing Alert: Firms should use the Street Address to ensure on-time express deliveries. The Mailing Address provided
above routes through the City's internal mail distribution center and may impact delivery time.
PRE-PROPOSAL CONFERENCE (if scheduled): N/A
DEADLINE FOR INQUIRIES: Tuesday, June 23, 2015, 5:00 P.M., Local Time
Sealed proposals must be received and in the actual possession of the City Procurement Office on or before the exact
Proposal Due Date/Time indicated above. Proposal responses will be opened and each Offeror's name will be publicly
read. Prices are not read and shall be kept confidential until award. Late proposals will not be considered.
Proposals must be submitted by a sealed envelope/package with the Request for Proposal number, Offeror's name and
address clearly indicated on the envelope/package. It is critical that the RFP number be included on the front of the
envelope to ensure proper handling.
Proposals must be completed in ink or typewritten and a completed proposal response returned to the City Procurement
Office by the Proposal Due Date/Time indicated above. The "Vendor's Offer" (Form 201-B RFP) must be completed
and signed in ink. Proposals by electronic transmission, telegraph, mailgram or facsimile will not be considered.
Offerors are asked to immediately and carefully read the entire Request for Proposal and not later than ten (10) days
before the Proposal Due Date/Time, address any questions or clarifications to the Procurement Officer identified below:
Ted Stallings , CPPB E-mail: Ted_stallings@tempe.gov Phone No: 480.350.8617
Procurement Officer
Award recommendations are publicly posted to the City Procurement Office web page www.tempe.goy/procurement
and at the Procurement Office reception counter.
A late, unsigned and/or materially incomplete proposal response will be considered nonresponsive and rejected.
The City Procurement Office is committed to fair and equal procurement opportunities for all firms wishing to do
business with the City and encourages the participation of small and disadvantaged businesses.
Michael Greene
Michael Greene, C.P.M.
Central Services Administrator
RFP 15-166 1

Vendor's Offer
Form 201-B (RFP)
"Return this Section with your Response"
It is required that Offeror complete, sign and submit the original of this form to the City Procurement Office with the
proposal response. An unsigned "Vendor's Offer", late proposal response and/or a materially incomplete response will be
considered nonresponsive and rejected.
Offeror is to type or legibly write in ink all information required below.
Company Name:
Company Mailing Address:
City: State: Zip:
Contact Person: Title:
Phone No.: FAX: E-mail:
Company Tax Information:
Arizona Transaction Privilege (Sales) Tax No.: or
Arizona Use Tax No.:
Federal I.D. No.:
City & State Where Sales Tax is Paid:
If a Tempe based firm, provide Tempe Transaction Privilege (Sales) Tax No.:
THIS PROPOSAL IS OFFERED BY
Name of Authorized Individual (TYPE OR PRINT IN INK)
Title of Authorized Individual (TYPE OR PRINT IN INK)
REQUIRED SIGNATURE OF AUTHORIZED OFFEROR (MUST SIGN IN INK)
By signing this Vendor's Offer, Offeror acknowledges acceptance of all terms and conditions contained herein and that
prices offered were independently developed without consultation with any other Offeror or potential Offeror. Failure to
sign and return this form with proposal response will be considered nonresponsive and rejected.
Signature of Authorized Offeror Date
(H:/RFP 3-2008)

INSTRUCTIONS TO PROPOSERS
Failure to follow these instructions shall result in rejection of proposal for non-responsiveness or cancellation of any
Contract awarded.
1. Preparation of Proposal:
A. Proposals shall be submitted to the City of Tempe ("City") in the sequence specified herein, on the forms
attached hereto, including Vendor's Offer, Form 201-B (RFP).
B. All proposals shall be submitted on the forms provided in this Request for Proposal, signed by an
authorized signer and returned with the proposal response to the City.
C. Completed and signed proposal forms for offer, acceptance and any solicitation amendments shall be
signed by an authorized individual. Such proposal constitutes an irrevocable Offer to sell the good and/or
service specified herein. Offeror shall submit all additional data, documentation, or information as
requested by the City, signifying its intent to be bound by the terms of the Request for Proposal.
D. Negligence in preparation of a proposal confers no right of withdrawal. Offeror is solely responsible for
seeking clarification of any requirement and presenting accurate information in the proposal response.
The City shall not reimburse any costs for a proposal, or its submission, presentation or withdrawal, for
any reason.
E. Offeror shall identify each subcontractor to be utilized in the services and/or work set forth herein, in the
proper fonu as indicated.
2. Late, Unsigned and/or Incomplete Proposal: A late, unsigned and/or materially incomplete proposal will be
considered nonresponsive and rejected.
3. Inquiries: Questions regarding this Request for Proposal shall be directed to the City Procurement Officer
identified on the cover page of this document, unless another City contact is specifically named. Inquiries shall
be submitted in writing, identifying the appropriate Request for Proposal's number, page and paragraph at issue.
PLEASE NOTE: Offeror must not place the Request for Proposal's number on the outside of an envelope
containing questions. Oral responses provided by the City shall have no binding effect or legal effect. Inquiries
should be submitted no later than ten (10) days before proposal due date/time. Those received within ten (10)
days of the proposal due date/time shall not be considered. The City reserves the right to contact Offerors to
obtain additional information for use in evaluating proposal and solicitation requirements.
4. Proposal Conference: If a proposal conference is scheduled, Offeror shall attend the conference to seek
clarification of any points of confusion or requirements at issue.
5. Withdrawal of Proposal: At any time before the specified proposal due date and time, an Offeror may withdraw
its proposal by way of written correspondence from the Offeror or its authorized representative.
6. Proposal Addenda: Receipt and acceptance of a Request for Proposal Addendum shall be acknowledged by
signing and returning the document either with the vendor's proposal response or by separate envelope prior to
proposal due date/time. Failure to sign and return an addendum prior to the proposal due date/time may result in
the proposal being considered nonresponsive to that portion of the Request for Proposal and may result in
rejection.
RFP 15-166 3

7. Evaluation: The City shall determine whether a proposal meets the specifications and requirements of this
Request for Proposal, at its sole discretion, and reject any proposals not meeting the intent or requirements set
forth therein. The City reserves the right to reject any and all proposals.
8. Discounts: Payment discounts periods shall be computed from the date of receipt of acceptable products,
materials and/or services or correct invoice, whichever is later to the date payment is mailed. Discounts shall be
taken on the full amount of the invoice, unless otherwise indicated. The City shall be entitled to receive any
discounts offered by Offeror, if payment is made within the discount period.
10. Compliance with City Solicitation Requirements: Unless stated otherwise in this Request for Proposal, the
City reserves the right to award by individual line item, by group of items, or as a total at the City's discretion.
The City expressly reserves the right to waive any immaterial defect or informality, or reject any or all proposals,
or portions thereof, or reissue this Request for Proposal.
11. Award of Contract: A proposal shall constitute a binding Offer to Contract with the City based on the terms,
conditions and specifications contained in this Request for Proposal. An Offeror shall become a Contractor only
upon execution of a formal Contract from the City Procurement Office ("Contract"). Unless this Request for
Proposal includes separate contract document(s) or requires the Offeror to submit a contract for review, a contract
shall be formed when the City Procurement Office provides a written notice of award or a purchase order to the
successful Offeror. All items and conditions of the Contract are contained herein, unless modified by an
amendment approved by the City. Proposals that take exception to the teims, conditions, specifications and/or
other requirements stated within this Request for Proposal may cause the vendor's Offer to be considered non-
responsive and rejected. Exceptions will be evaluated on an individual basis to determine compliance with the
purpose and intent of the terms and conditions stated within this solicitation. The City shall be the sole judge as
to whether an exception complies with the general purpose and intent of any term, condition and/or specification
set forth herein.
12. Taxes: All materials, equipment and/or products shall be proposed as F.O.B. City, prepaid. Unless specified
herein, sales, use or federal excise tax shall not be included in proposal pricing. The City is exempt from payment
of federal excise tax. For proposal evaluation, transaction (sales) privilege tax paid (returned) to the City is
considered a pass-through cost, calculated as zero (0) expense. For information on privilege (sales) tax, please
contact the City's Tax and License Office at (480) 350-2955 or visit their web site at wwvv.tempe.gov/salestax.
13. Payment by City Procurement Card: The City Procurement Office may elect to remit payment through the use
of a City procurement card. Each Offeror may indicate on the Price Sheet of this Request for Proposal its ability
to accept City procurement card payments. The inability to accept payment by City procurement card will not
disqualify a proposal.
14. Proposal Results: Offerors may attend the scheduled proposal opening at which the name of each Offeror will
be publicly read. All other information contained in the proposals shall be kept confidential until contract is
awarded. After award of contract, an appointment may be made with the City Procurement Officer to review
proposal documents. Fonnal Contract award results shall be placed on the Procurement Office web page
(wvvw.tempe.gov/procurement) and posted at the front counter of the Procurement Office at the time the Contract
award is approved by the City Council. Award recommendations may also be viewed via the City Clerk's web
site normally up to five (5) days prior to the scheduled City Council meeting by visiting
(http://documents.tempe.gov/sirepub/web).
RFP 15-166 4

15. Protests: Any actual or prospective Offeror who is aggrieved in conjunction with this Request for Proposal or
award may protest the award to the City Procurement Office. A protest based upon alleged improprieties in this
Request for Proposal that are apparent before the proposal opening shall be filed prior to the proposal due
date/time. A protest concerning an award recommendation must be filed within ten (10) business days after the
date of award. Up to five (5) days before award of a contract, the City Procurement Office will post award
recommendations on the City Clerks web site at (http://documents.tempe „gov/sirepub/?sort=meet_date) and at the
Procurement Office front counter and website for public review (www.tempe.gov/procurement) . A protest shall
be in writing and include the protester's name, address and phone number, identification of the solicitation or
Contract being protested, a detailed statement of the legal and factual grounds of the protest, including copies of
all relevant documents, and the form of relief requested. A protest is to be on the protester's company letterhead
and signed by the protestor or its authorized representative.
16. Compliance of Proposal Offeror/Contractor Forms: Any documents or forms (including separate contract,
maintenance agreement or training agreement intended by the Offeror to be utilized in any resulting Contract,
must be submitted with proposal. Any documents inconsistent with or taking exception to the terms, conditions,
specifications and/or other requirements stated within this Request for Proposal may cause the proposal to be
considered as nonresponsive and rejected. No documents will be considered unless submitted with vendor's
proposal Offer and approved by the City Procurement Office.
17. Definitions: For purposes of this Request for Proposal and resultant Contract, the following definitions apply:
A. "City" means the municipal corporation of the City of Tempe, Arizona.
B. "Code Governance" means unless otherwise specified herein, the provisions of the Tempe City Code,
Chapter 26A shall apply and govern this Request for Proposal.
C. "Contract" means the agreement for the procurement of goods, services, work, construction or
concessions.
D. "Contractor" means an Offeror responding to a Request for Proposal who has been awarded a Contract
with the City.
E. "Offer" means a written offer to furnish goods, services, work, materials, construction and/or concessions
to the City, in confoimity with the standards, specifications, delivery terms and conditions, and all other
requirements established in a competitive solicitation.
F. "Offeror" means a business, entity or person who submits an Offer in response to a competitive
solicitation.
G. "Public Record" means proposals and all other documents submitted in response to this solicitation shall
become the property of the City and shall be a matter of public record available for review following the
Contract award.
H. "Purchase Order" means a document issued by the City Procurement Office directing the Contractor to
deliver goods, services, work, materials, construction and/or concessions to the City.
I. "Request for Proposal" means a competitive solicitation issued by the City for the procurement of goods,
services, work, materials, construction and/or concessions.
18. Responsiveness to Specifications: Performance or feature requirements which are designated as mandatory or
minimums are needed in order to satisfy an identified task or performance need. A description is given for each
designated feature. This description shall be used to determine if the Offeror's proposed product(s) and/or
service(s) is/are capable of performing the function(s) specified in the Request for Proposal.
RFP 15-166 5

It is recognized that more than one method may be used to accomplish the sought after task functionality. If
Offeror has an alternate method of performing functional tasks, then Offeror shall list such method as an
"alternate", and described in full detail within the Proposal. The City shall be the sole judge as to whether any
alternate methodology will be accepted.
"Must", "shall", "will", "minimum", "required" and/or "mandatory" performance/feature statements must be met
or exceeded by the Offeror. Should no Offeror be found totally responsive to all designated Request for Proposal
requirements, the City at its option, may either award the Contract to the most responsive Offeror or cancel the
Request for Proposal and issue another Request for Proposal for the need under revised specifications.
19. Technical Questionnaire: Offeror must complete the Technical Questionnaire portion of this Request for
Proposal and provide any documentation required to support the answers to the Questionnaire. Questionnaire
items, which are designated as mandatory, are needed to satisfy a required task or performance criteria. Items,
which may be listed as desirable, are not required to be responsive to the Request for Proposal and will be
relatively evaluated against other proposals in making a final award decision.
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.
20. Proposal Opening: Proposals shall be opened at the time and place designated on the cover page of this Request
for Proposals. The name of each Offeror and the identity of the Request for Proposal for which the proposal was
submitted shall be publicly read and recorded in the presence of witnesses. Proposals, modifications and all other
information received in response to this Request for Proposal shall be shown only to City personnel having a
legitimate interest in its evaluation. Prices shall not be read. After Contract award, the proposals and the
evaluation documentation shall be open for public inspection.
21. Technical Proposal Opening: Technical proposals (as received in step one of a two step bidding process) shall
be opened at the time and place designated on the cover page of this document. The name of each Offeror and the
identity of the Request for Proposal for which the proposal was submitted shall be publicly read and recorded in
the presence of witnesses. Proposals, modifications and all other information received in response to this Request
for Proposal shall be shown only to City personnel having a legitimate interest in the evaluation. Evaluation
documentation to substantiate technical proposal selection(s) shall be open for public inspection.
22. Proposal Evaluation and Award: Award(s) shall be made to the responsible Offeror whose proposal is
determined in writing to be the most advantageous to the City, taking into consideration the evaluation factors set
forth in the Request for Proposal. The City shall be the sole judge as to the acceptability of the products and/or
services offered.
23. Clarifications and Negotiations with Offerors and Revisions to Proposal: Clarifications may be made with
any submitting firm at any time during the evaluation phase of this procurement. Clarifications are not
negotiations and may be utilized by the City to ensure thorough and complete understanding of, and
responsiveness to, the solicitation requirements. Negotiations may be conducted with responsible Offerors who
submit proposals determined to be reasonably susceptible of being selected for award. The purpose of
negotiations is to allow the City and the Offeror(s) to revise initial Offers through an exchange or series of
exchanges. Should the City elect to call for final proposal revisions (best and final Offers), Offerors shall be
accorded fair and equal treatment with respect to any opportunity for negotiations and revision of proposals, and
such revisions may be permitted after submissions and prior to award. In conducting clarifications and
negotiations there shall be no disclosure of any information derived from proposals submitted by competing
Offerors. The purposes of such negotiations shall include but not be limited to:
RFP 15-166 6

A. Determine in greater detail such Offeror's qualifications;
B. Explore with the Offeror the scope and nature of the project, the Offeror's proposed method of
performance, and the relative utility of alternate methods of approach;
C. Deterniine that the Offeror will make available the necessary personnel and facilities to perform within
the required time; and
D. Agree upon compensation which is fair and reasonable, taking into account the estimated value of the
required services, and the scope, complexity and nature of such services.
24. Code Governance: Unless otherwise specified herein, the provisions of the Tempe City Code, Chapter 26A shall
apply and govern this Request for Proposal.
25. Public Record: Proposals and all other documents submitted in response to this solicitation shall become the
property of the City and shall be a matter of public record available for review following the Contract award.
Material portions of the recommended Offer(s) as determined by the City may be posted to the City's web site up
to five (5) days prior to the City Council meeting.
REP 15-166 7

STANDARD TERMS & CONDITIONS
Please note that these Standard Terms & Conditions shall be fully complied with by Offeror. Failure to comply with these
requirements may result in rejection of a proposal for non-responsiveness, or cancellation or termination of any awarded
Contract.
1. Applicable Law: This Contract shall be governed by, and the City and Contractor shall have all remedies
afforded each by the Uniform Commercial Code as adopted in the State of Arizona, except as otherwise provided
in this Request for Proposal and resultant Contract, and all statutes or ordinances pertaining specifically to the
City. This Contract shall be governed by State of Arizona law and suits pertaining to this Contract may only be
brought in courts located in Maricopa County, Arizona.
2. Arizona Climate Action Compliance: Offeror shall comply with all applicable standards, laws, rules, orders
and regulations issued pursuant to A.R.S. §49-101, et seq., including but not limited to, Arizona Executive Orders
Nos. 2006-13 and 2005-02, with regard to reducing GHG emissions, increasing energy efficiency, conserving
natural resources and developing renewable energy sources.
3. Availability of Funds for the Next Fiscal Year: The City's obligation for performance of the Contract is
contingent upon the availability of City, state and federal funds that are allocated or appropriated for payment
obligations of the Contract. If funds are not allocated by the City or available for the continued use or purchase of
services, work and/or materials set forth herein, the City may terminate the Contract. The City will use
reasonable efforts to notify Contractor of such non-allocation affecting the obligations of the Contractor and/or
City. The City shall not be penalized or adversely affected for exercise of its termination rights. Further, the City
shall in no way be obligated or liable for additional payments or other damages as a result of such temaination.
No legal liability on the part of the City for any payment may arise for performance under this Contract.
4. Certification: By signing the "Vendor's Offer", form 201-B (RFP), the Offeror certifies:
A. The submission of the vendor's proposal Offer response did not involve collusion or other anti-
competitive practices.
B. Offeror agrees that it will comply with section 2-603(5) of the Tempe City Code ("TCC"), and will not
refuse to hire or employ or bar or discharge from employment any person or discriminate against such
person in compensation, conditions, or privileges of employment because of race, color, gender, gender
identity, sexual orientation, religion, national origin, familial status, age, disability, or United States
military veteran status. Offeror further agrees to provide a copy of its antidiscrimination policy to the
City's Procurement Officer to demonstrate compliance with TCC section 2-603(5), or attest in writing to
its compliance in accordance with the attached Affidavit of Compliance.
C. Offeror has not given, offered to give, nor intends to give at any time hereafter any economic opportunity,
future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in
connection with the submitted Offer. Failure to sign the "Vendor's Offer" or signing it with a false
statement shall void the submitted proposal and any resulting Contract. In addition, the Offeror may be
barred from future proposal and bidding participation with the City and may be subject to such further
actions as peimitted by law.
D. The Offeror agrees to promote and offer to the City only those materials and/or services as stated and
allowed by this Request for Proposal and resultant Contract award. Violation of this condition shall be
grounds for Contract termination by the City.
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E. The Offeror expressly warrants that it has and will continue to comply in all respects with Arizona law
concerning employment practices and working conditions, pursuant to A.R.S. § 23-211, et seq., and all
laws, regulations, requirements and duties relating thereto. Offeror further warrants that to the extent
permitted by law, it will fully indemnify the City for any and all losses arising from or relating to any
violation thereof.
F. Contractor agrees and covenants that it will comply with any and all applicable governmental restrictions,
regulations and rules of duly constituted authorities having jurisdiction insofar as the performance of the
work and services pursuant to the Contract, and all applicable safety and employment laws, rules and
regulations, including but not limited to, the Fair Labor Standards Act, the Walsh-Healey Act, and the
Legal Arizona Workers Act (LAWA), and all amendments thereto, along with all attendant laws, rules
and regulations. Contractor acknowledges that a breach of this warranty is a material breach of this
Contract and Contractor is subject to penalties for violation(s) of this provision, including termination of
this Contract. City retains the right to inspect the documents of any and all contractors, subcontractors
and sub-subcontractors performing work and/or services relating to the Contract to ensure compliance
with this warranty. Any and all costs associated with City inspection are the sole responsibility of
Contractor. Contractor hereby agrees to indemnify, defend and hold City harmless for, from and against
all losses and liabilities arising from any and all violations thereof.
5. Commencement of Work: Contractor is cautioned not to commence any work or provide any materials or
services under the Contract until and unless Contractor receives a purchase order, Notice to Proceed, or is
otherwise directed in writing to do so, by the City.
6. Confidentiality of Records: The Contractor shall establish and maintain procedures and controls that are
acceptable to the City for the purpose of assuring that no information contained in its records or obtained from the
City or from others in carrying out its functions under the Contract shall be used by or disclosed by it, its agents,
officers, or employees, except as required to efficiently perform duties under the Contract. Persons requesting
such information should be referred to the City. Contractor also agrees that any information pertaining to
individual persons shall not be divulged other than to employees or officers of Contractor as needed for the
performance of duties under the Contract, unless otherwise agreed to in writing by the City.
7. Conflict of Interest: This Contract is subject to the cancellation provisions of A.R.S. § 38-511.
8. Contract Formation: This Contract shall consist of this Request for Proposal and the vendor's proposal Offer
submitted, as may be found responsive and approved by the City. In the event of a conflict in language between
the documents, the provisions of the City's Request for Proposal shall govern. The City's Request for Proposal
shall govern in all other matters not otherwise specified by the Contract between the parties. All previous
contracts between the Offeror and the City are not applicable to this Contract or other resultant contracts. Any
contracted vendor documents that conflict with the language and requirements of the City's solicitation are not
acceptable and void the Contract.
9. Contract Modifications: This Request for Proposal and resultant Contact may only be modified by a written
contract modification issued by the City Procurement Office and counter-signed by the Contractor. Contractors
are not authorized to modify any portion of this solicitation or resulting Contract without the written approval of
the City Procurement Office and issuance of an official modification notice.
10. Contracts Administration: Contractor must notify the designated Procurement Officer from the City's
Procurement Office for guidance or direction of matters of Contract interpretation or problems regarding the
terms, conditions or scope of this Contract. The Contract shall contain the entire agreement between the City and
the Contractor and the Contract shall prevail over any and all previous agreements, contracts, proposals,
negotiations, purchase orders or master agreements in any form.
RFP 15-166 9

11. Cooperative Use of Contract: Any Contract resulting from this solicitation shall be for the use of the City of
Tempe. In addition, public and nonprofit agencies that have entered into a Cooperative Purchasing Agreement with
the City of Tempe's Department of Procurement are eligible to participate in any subsequent Contract. Additionally,
this Contract is eligible for use by the Strategic Alliance for Volume Expenditures (SAVE) cooperative. See
http://www.maricopa.gov/Materials/SAVE/save-members.pdf for a listing of participating agencies. The parties agree
that these lists are subject to change. Any such usage by other municipalities and government agencies must be in
accord with the ordinance, charter and/or rules and regulations of the respective political entity.
Any orders placed to, or services required from, the successful Contractor(s) will be requested by each participating
agency. Payment for purchases made under this agreement will be the sole responsibility of each participating
agency. The City shall not be responsible for any disputes arising out of transactions made by others. Contractor shall
be responsible for correctly administering this Contract in accordance with all terms, conditions, requirements, and
approved pricing to any eligible procurement unit.
12. Dispute Resolution: This Contract is subject to arbitration to the extent required by law. If arbitration is not
required by law, the City and the Contractor agree to negotiate with each other in good faith to resolve any
disputes arising out of the Contract. In the event of any legal action or proceeding arising out of this Contract, the
prevailing party shall be entitled to recover its reasonable attorneys' fees and costs incurred with said fees and
costs to be included in any judgment rendered.
13. Estimated Quantities: This Request for Proposal references quantities as a general indication of the City's
needs. The City anticipates considerable activity resulting from Contracts that will be awarded as a result of this
Request for Proposal; however, the quantities shown are estimates only and the City reserves the right to increase
or decrease any quantities actually acquired, in its sole discretion. No commitment of any kind is made
concerning quantities and Offeror hereby acknowledges and accepts same.
14. Events of Default and Termination:
A. The occurrence of any or more of the following events shall constitute a material breach of and default
under the Contract. The City reserves the right to terminate the whole or any part of the Contract due to
Contractor's failure to fully comply with any term or condition herein.
i) Any failure by Contractor to pay funds or furnish materials, services and/or goods that fail to
conform to any requirement of this Contract or provide personnel that do not meet Contract
requirements;
Any failure by Contractor to observe, perform or undertake any provision, covenant or condition
of this Contract to be observed or performed by Contractor herein, including but not limited to
failing to submit any report required herein;
iii) Any failure to make progress in the performance required pursuant to the Contract and/or gives
the City reason to believe that Contractor cannot or will not perform to the requirements of the
Contract; or,
iv) Any failure of Contractor to commence construction, work or services within the time specified
herein, and to diligently undertake Contractor's work to completion.
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B. Upon and during the continuance of an event of default, the City, at its option and in addition to any other
remedies available by law or in equity, without further notice or demand of any kind to Contractor, may
do the following:
Terminate the Contract;
ii) Pursue and/or reserve any and all rights for claims to damages for breach or default of the
Contract; and/or,
iii) Recover any and all monies due from Contractor, including but not limited to, the detriment
proximately caused by Contractor's failure to perform its obligations under the Contract, or which
in the ordinary course would likely result there from, including, any and all costs and expenses
incurred by the City in: (a) maintaining, repairing, altering and/or preserving the premises (if
any) of the Project; (b) costs incurred in selecting and retaining substitute Contractor for the
purchase of services, materials and/or work from another source; and/or (c) attorneys' fees and
costs in pursuing any remedies under the Contract and/or arising there from.
C. The exercise of any one of the City's remedies as set forth herein shall not preclude subsequent or
concurrent exercise of further or additional remedies. In addition, the City shall be entitled to terminate
this Contract at any time, in its discretion. The City may terminate this Contract for default, non-
performance, breach or convenience, or pursuant to A.R.S. § 38-511, or abandon any portion of the
project for which services have not been fully and/or properly performed by the Contractor.
D. Termination shall be commenced by delivery of written notice to Contractor by the City personally or by
certified mail, return receipt requested. Upon notice of termination, Contractor shall immediately stop all
work, services and/or shipment of goods hereunder and cause its suppliers and/or subcontractors to cease
work pursuant to the Contract. Contractor shall not be paid for work or services performed or costs
incurred after receipt of notice of termination, nor for any costs incurred that Contractor could reasonably
have avoided.
E. The City, in its sole discretion, may teiminate or reduce the scope of this Contract if available funding is
reduced for any reason.
15. Termination for Convenience: The City at its sole discretion may terminate this Contract for convenience with
thirty (30) days advance notice to Contractor. Contractor shall be reimbursed for all appropriate costs as provided
for within the Contract up to the termination date specified.
16. Force Majeure:
A. Except for payment of sums due, neither party shall be liable to the other nor deemed in default under the
Contract only in the event that and to the extent that such party's performance of the Contract is prevented
by reason of force majeure. Force majeure means an occurrence that is beyond the control of the party
affected and occurs without its fault or negligence. Without limiting the foregoing, force majeure
includes acts of God, acts of the public enemy, war, riots, mobilization, labor disputes, civil disorders,
fire, floods, lockouts, injunctions, failures or refusal to act by government authority, and other similar
occurrences beyond the control of the party declaring force majeure which such party is unable to prevent
by exercising reasonable diligence.
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B. Force majeure shall not include the following occurrences:
i) Late delivery of equipment or materials caused by congestion at a manufacturer's plant or
elsewhere, an oversold condition of the market, inefficiencies, or similar occurrences.
ii) Late performance by a subcontractor.
C. If either party is delayed at any time in the progress of the work by force majeure, then the delayed party
shall notify the other party in writing of such delay within forty-eight (48) hours of the commencement
thereof and shall specify the causes of such delay in the notice. Such notice shall be hand delivered or sent
via certified mail and shall make a specific reference to this clause, thereby invoking its provisions. The
delayed party shall cause such delay to cease as soon as practicable and shall notify the other party in
writing by hand delivery or certified mail when it has done so. The time of completion shall be extended
by Contract modification for a period of time equal to the time that the results or effects of such delay
prevent the delayed party from performing in accordance with the Contract.
17. Gratuities: The City may elect to terminate any resultant Contract, if it is found that gratuities in any form were
offered or given by the Contractor or agent thereof, to any employee of the City or member of a City evaluation
committee with a view toward securing an order, securing favorable treatment with respect to awarding,
amending or making of any determinations with respect to performing such order. In event the Contract is
terminated by the City pursuant to this provision, the City shall be entitled, in addition to any other rights and
remedies, to recover or withhold from Contractor the amount of gratuity.
18. Indemnification: To the fullest extent permitted by law, the Contractor shall defend, indemnify and hold harmless
the City, its agents, officer, officials, and employees from and against all claims, damages, losses and expenses
(including but not limited to attorney's fees, court costs, and the costs of appellate proceedings), arising out of, or
alleged to have resulted from the acts, errors, mistakes, omissions, work, services, or professional services of the
Contractor, its agents, employees, or any other person (not the City) for whose acts, errors, mistakes, omissions,
work, services, or professional services the Contractor may be legally liable in the performance of this Contract.
Contractor's duty to hold harmless and indemnify the City, its agents, officers, officials and employees shall arise in
connection with any claim for damage, loss or expenses that is attributable to bodily injury, sickness disease, death,
or injury to, impairment, or destruction of any person or property, including loss of use resulting from, caused by
any acts, errors, mistakes, omissions, work, services, or professional services in the performance of this Contract by
Contractor or any employee of the Contractor or any other person (not the City) for whose acts, errors, mistakes,
omissions, work, or services the Contractor may be legally liable. The amount and type of insurance coverage
requirement set forth herein will in no way be construed as limiting the scope of indemnity in this paragraph. This
provision shall survive the term of this Contract.
19. Interpretation of Parole Evidence: This Contract is intended as a final expression of the agreement between the
parties and as a complete and exclusive statement of the Contract, unless the signing of a subsequent Contract is
specifically called for in this Request for Proposal. No course of prior dealings between the parties and no usage
of the trade shall be relevant to supplement or explain any term used in the Contract. Acceptance or acquiescence
in a course of performance rendered under this Contract shall not be relevant to determine the meaning of the
Contract, even though the accepting or acquiescing party has knowledge of the nature of the performance and
opportunity to object.
Contractor shall respond within five (5) calendar days after notice by the City of any defects and/or maintenance
requests to immediately remedy the condition of the job site. Should the Contractor fail to respond promptly as
set forth herein, the City shall correct the job site at the expense of the Contractor, and recover all attendant costs.
RFP 15-166 12

20. Key Personnel: Contractor shall provide adequate experienced personnel, capable of and devoted to the
successful accomplishment of work to be performed under this Contract during the Contract term and any renewal
periods. The Contractor must agree to assign specific individuals to the key positions.
A. The Contractor agrees that, once assigned to work under this Contract, key personnel shall not be
removed or replaced without prior written notice to the City.
If key personnel are not available for work under this Contract for a continuous period exceeding thirty
(30) calendar days, or are expected to devote substantially less effort to the work than initially anticipated,
the Contractor shall immediately notify the City, and shall replace each person with personnel of
substantially equal ability and qualifications upon prior City approval.
21. Licenses and Permits: Contractor shall maintain in current status all federal, state and local licenses and permits
required for the operation of the business conducted by the Contractor, at its sole expense.
22. No Assignment: No right or interest in this Contract shall be assigned by Contractor and no delegation of any
duty of Contractor shall be made without prior written permission of the City.
23. Notices: All notices, requests, demands, consents, approvals, and other communications which may or are
required to be served or given hereunder (for the purposes of this provision collectively called "Notices"), shall be
in writing and shall be hand delivered or sent by registered or certified United States mail, return receipt
requested, postage prepaid, addressed to the party or parties to receive such notice as follows:
City of Tempe Procurement Office
Attn: Procurement Officer
20 E. 6th Street (Second Floor)
PO Box 5002
Tempe, Arizona 85280
[Contractor's Name]
[Attn of Offeror Named in Contract]
[Address]
Or to such other address as either party may from time to time furnish in writing to the other by notice hereunder.
24. No Waiver: No breach of default hereunder shall be deemed to have been waived by the City, except by written
instrument to that effect signed by an authorized agent of the City. No waiver of any such breach or default shall
operate as a waiver of any other succeeding or preceding breach or default or as a waiver of that breach or default
after demand by the City for strict performance of this Contract. Acceptance of partial or delinquent payments or
performance shall not constitute the waiver of any right of the City. Acceptance by the City for any materials
shall not bind the City to accept remaining materials, future shipments or deprive the City of the right to return
materials already accepted. Acceptance by the City of delinquent or late delivery shall not constitute a waiver of a
later claim for damages and/or bind the City for future or subsequent deliveries.
25. Overcharges by Antitrust Violations: The City maintains that, in actual practice, overcharges resulting from
antitrust violations are borne by the City. Therefore, to the extent permitted by law, the Contractor hereby assigns
to the City any and all claims for such overcharges as the goods and/or services used fulfill the Contract.
26. Performance Standards: Equipment shall operate in accordance with the performance criteria specified in the
Request for Proposal, including the manufacturer's published specifications applicable to the machine involved.
Each machine is expected to be available for productive use, as provided in the procurement documents.
Penalties and/or bonuses applicable to machine and system performance, if any, shall be calculated as specified in
the Request for Proposal.
RFP 15-166 13

27. Preparation of Specifications by Persons Other Than City Personnel: No person preparing specifications for
this Request for Proposal shall receive any direct or indirect benefit from the use of these specifications.
28. Provisions By Law: Each and every provision of law and any clause required by law to be in this Contract 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 the Contract will forthwith be
physically amended to make such insertion or correction.
29. Public Record: After award of Contract, proposal responses shall be considered public record and open for
public inspection except to the extent the withholding of infonnation is permitted or required by law. If an
Offeror believes a specific section of its proposal response is confidential, the Offeror shall mark the page(s)
confidential and isolate the pages marked confidential in a specific and clearly labeled section of its proposal
response. The Offeror shall include a written statement as to the basis for considering the marked pages
confidential and the City Procurement Office will review the material and make a determination, pursuant to
A.R.S. §§ 39-121, et seq., and 41-1330, et seq. A general statement of confidentiality (boiler plate statement) that
is not appropriately referenced to a specific section of the RFP will not be sufficient to warrant protection by the
City. The confidential portion of the submission must be clearly noted with accompanying justification for
treating the section confidential. Failure of the vendor to appropriately designate confidential information in this
manner will relieve the City of any obligation to protect this information as confidential.
30. Records: Pursuant to provisions of Title 35, Chapter 1, Article 6 Arizona Revised Statutes §§ 35-214 and
36-215, Contractor shall retain, and shall contractually require each subcontractor to retain, all books, accounts,
reports, files and other records relating to the acquisition and performance of the Contract for a period of five (5)
years after the completion of the Contract. All such documents shall be subject to inspection and audit at
reasonable times. Upon request, a legible copy of any or all such documents shall be produced at the offices of
the City Attorney or City Procurement Office.
31. Relationship of Parties: It is clearly understood that each party to this Contract will act in its individual capacity
and not as an agent, employee, partner, joint venture, or associate of the other party. The Contractor is an
independent contractor and shall be solely responsible for any unemployment or disability insurance payments, or
any social security, income tax or other withholdings, deductions or payments that may be required by federal,
state or local law with respect to any compensation paid to the Offeror. An employee or agent of one party shall
not be an employee or agent of the other party for any purpose whatsoever.
32. Rights and Remedies: No provisions of this Request for Proposal or in the proposal shall be construed,
expressly or by implication, as a 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 Contract. The failure of the City to insist upon strict performance
of any tei in or condition of the Contract or to exercise or delay the exercise of any right or remedy provided in the
Contract, or by law, shall not release the Contractor from any responsibilities or obligations imposed by the
Contract or by law, and shall not be deemed a waiver of any right of the City to insist upon the strict performance
of the Contract.
33. Safety Standards: All items supplied on this Contract must comply with the current applicable Occupational
Safety and Health Standards of the State of Arizona Industrial Commission, the National Electric Code and the
National Fire Protection Association Standards.
34. Serial Numbers: Proposals shall include equipment on which the original manufacturer's serial number has not
been altered in any way. The City reserves the right to reject any and all equipment.
35. Severability: The provisions of this Contract are severable to the extent that any provision or application held to
be invalid shall not affect any other provision or application of the Contract which may remain in effect without
the invalid provision or application.
RFP 15-166 14

36. Specially Designated Nationals and Blocked Persons List: Contractor represents and warrants to the City that
neither Contractor nor any affiliate or representative of Contractor:
A. Is listed on the Specially Designated Nationals and Blocked Persons List maintained by the Office of
Foreign Asset Control, Department of the Treasury (OFAC) pursuant to Executive Order no. 13224, 66
Fed. Reg. 49079 ("Order");
B. Is listed on any other list of terrorists or terrorist organizations maintained pursuant to the Order, the rules
and regulations of OFAC or any other applicable requirements contained in any enabling legislation or
other related Order(s);
C. Is engaged in activities prohibited in the Order; or,
D. Has been convicted, pleaded nob o contendre, indicted, arraigned or custodially detained on charges
involving money laundering or predicate crimes to money laundering.
37. Time of the Essence: Time is and shall be of the essence in this Contract. If the delivery date(s) specified herein
cannot be met, Contractor shall notify the City using an acknowledgment of receipt of order and intent to perform
without delay, for instruction. The City reserves the right to terminate this Contract and to hold Contractor liable
for any cost of cover, excess cost(s) or damage(s) incurred as a result of delay.
38. Unauthorized Firearms & Explosives: No person conducting business on City property is to carry a firearm or
explosive of any type. All Offerors, Contractors and subcontractors shall honor this requirement at all times and
failure to honor this requirement shall result in Contract termination and additional penalties. This requirement
also applies to any and all persons, including those who maintain a concealed weapon's permit. In addition to
Contract termination, anyone carrying a firearm or explosive device will be subject to further legal action.
39. Warranties: Contractor expressly warrants that all materials and/or goods delivered under the Contract shall
conform to the specifications of this Contract, and be merchantable and free from defects in material and
workmanship, and of the quality, size and dimensions specified herein. This express warranty shall not be waived
by way of acceptance or payment by the City, or otherwise. Contractor expressly warrants the following:
A. All workmanship shall be finest and first-class;
B. All materials and goods utilized shall be new and of the highest suitable grade for its purpose; and,
C. All services will be performed in a good and workmanlike manner. Contractor's warranties shall survive
inspection, acceptance and/or payment by the City, and shall run to the City, its successors, agents and
assigns.
The Contractor agrees to make good by replacement and/or repair, at its sole expense and at no cost to the City,
any defects in materials or workmanship which may appear during the period ending on a date twelve (12)
months after acceptance by the City, unless otherwise specified herein. Should Contractor fail to perform said
replacement and/or repair to City's satisfaction within a reasonable period of time, City may correct or replace
said defective or nonconforming materials and recover the costs thereof from Contractor. This warranty shall not
operate to reduce the statute of limitations period for breach of contract actions or otherwise, or reduce or
eliminate any legal or equitable remedies.
RFP 15-166 15

40. Work for Hire and Ownership of Deliverables: Contractor hereby agrees and covenants that all the results and
proceeds of Contractor's work and/or services for the Project specified herein, for Contractor and all of its agents,
employees, officers and subcontractors, shall be owned by the City, including the copyright thereto, as work for
hire. In the event, for any reason such results and proceeds are not deemed work for hire, Contractor agrees and
covenants that it shall be deemed to have assigned to the City all of its right, title and interests in such results,
proceeds and content to the City, without limitation. Contractor agrees to indemnify and hold the City harmless
from and against all claims, liability, losses, damages and expenses, including without limitation, legal fees and
costs, arising from or due to any actual or claimed trademark, patent or copyright infringement and any litigation
based thereon, with respect to any work, services and/or materials contemplated in this Contract. Contractor
agrees to pay to defend any and all such actions brought against the City. Contractor's obligations hereunder shall
survive acceptance by the City of all covenants herein as well as the term of the Contract itself.
41. Non-exclusive Contract: Any Contract resulting from this Request for Proposal shall be awarded with the
understanding and agreement that it is non-exclusive and entered into for the sole convenience of the City. The
City reserves the right to obtain like goods or services from another source to secure cost savings or if timely
delivery may be met by the Contractor
42. Ordering Process: Upon award of a Contract by the City Procurement Office, the City may procure the specific
material and/or service awarded by the issuance of a purchase order to the appropriate Contractor. Each purchase
order must cite the correct Contract number. Such purchase order is required for the City to order and the
Contractor to deliver the material and/or service.
43. Shipping Terms: Prices shall be F.O.B. Destination to the delivery location(s) designated herein. Contractor
shall retain title and control of all goods until they are delivered and the Contract of coverage has been completed.
All risk of transportation and all related charges shall be the responsibility of the Contractor. The City will notify
the Contractor promptly of any damaged materials and shall assist the Contractor in arranging for inspection.
Shipments under reservation are prohibited. No tender of a bill of lading shall operate as a tender of the materials.
44. Delegated Awards: In the event this Contract is administratively awarded via delegated authority as provided for
in Section 26A-5 of the Procurement Ordinance, the Contractor acknowledges that a final Contract with the City
of Tempe requires City Council approval and possibly the signature of the Mayor. Should this Contract be
rejected by the City Council, Contractor agrees that it is immediately void and unenforceable against any party.
The awarded firm(s) will be compensated only for any and all costs incurred up to the date of notification of such
telmination.
RFP 15-166 16

Special Terms and Conditions
Proposals taking exception to Special Terms & Conditions stated within this Request for Proposal may cause the Proposal
to be considered nonresponsive and rejected.
1. City Procurement Document: This Request for Proposal is issued by the City. No alteration of any portion of
this Request for Proposal by an Offeror is permitted and any attempt to do so shall result in vendor's proposal
Offer being considered nonresponsive, and rejected. No alteration of any portion of a resultant Contract is
permitted without the written approval of the City Procurement Office and any attempt to do so shall be
considered a breach of the Contract. Any such action is subject to the legal and contractual remedies available to
the City inclusive of, but not limited to, Contract termination and/or suspension of the Contractor.
2. Offer Acceptance Period: To allow for an adequate evaluation, the City requires the vendor's proposal Offer in
response to this Request for Proposal to be valid and irrevocable for 160 days after the proposal due time and
date.
3. Contract Type: Term with justifiable price adjustments allowed, indefinite quantity.
4. Term of Contract: The term of the Contract shall commence on the date of award and shall continue for a
period of two (2) years thereafter, unless teiminated, canceled or extended as otherwise provided herein.
5. Contract Renewal: The City reserves the right to unilaterally extend the period of any resultant Contract for
ninety (90) days beyond the stated term. In addition, the City at its option may renew for supplemental terms of
up to a maximum of four (4) additional years. The period for any single renewal increment shall be determined
by the City Procurement Office. Such increment shall not be for more than a period of two (2) year each, unless
the City is eligible to obtain a significant cost and/or supply advantage by a longer Contract renewal period.
6. Pricing:
A. Pricing accuracy and completeness are critical to the determination of an award. Offeror shall identify
and price all items being proposed
B. In the case of system proposals, Offeror shall identify all items which are required to make the system
function in accord with stated Request for Proposal.
C. If provided pricing pages do not cover all such items, the Offeror shall include an itemized listing of all
required products and services in the Proposal required for all system equipment to be fully functional and
in conformity with stated Request for Proposal.
7. Price Adjustment:
A. The Procurement Office will review fully documented requests for price increases after the Contract has
been in effect for twenty-for (24) months. The requested price increase must be based upon a cost
increase that was clearly unpredictable at the time of the Proposal and can be shown to directly affect the
price of the item concerned. The City Procurement Office will determine whether the requested price
increase, or an alternative option, is in the best interest of the City. Advanced thirty (30) day written
notification by Contractor is required for any price changes. All price adjustments will be effective on the
first day of the month following approval or acceptance by the City Procurement Office. After the City
approves a price increase the Contractor shall not be eligible to receive an additional increase until
twenty-four (24) months from the date of the last approved price increase.
B. Price increase requests must be acknowledged in writing by the City Procurement Office before becoming
effective. If not acknowledged within thirty (30) days, Contractor shall contact the City Procurement
Office to assure the price increase request was received.
RFP 15-166 17

C. The Contractor shall offer any published price reduction or if applicable to Contract, profit sharing price
advantage to the City concurrent with its announcement to other customers. A price reduction or profit
sharing price advantage may be offered at any time during the terms of an awarded Contract and shall
become effective upon notice and acceptance. The City shall likewise take advantage of any special sales
discounts offered to the general public, which exceed contracted price discounts extended to the City by
the Contractor.
8. Contractor's Risk: Contractor agrees to bear all risk of loss, injury, or destruction of materials
(equipment/products) ordered as a result of this Request for Proposal which occur prior to delivery to the City; and
such loss, injury, or destruction shall not release Contractor from any obligation hereunder.
9. Insurance:
A. Insurance Required: Prior to commencing services under this Contract, Contractor shall procure and
maintain for the duration of the Contract insurance against claims for injuries (including death) to persons
and damages to property, which may arise from or in connection with the performance of the work
hereunder by the Contractor, its agents, representatives, employees, subcontractors, or sub-subcontractors.
For Offerors with self-insurance, proof of self-insurance with minimum limits expressed below must be
submitted on proper forms for evaluation prior to award of Contract.
A Contract Award Notice or Purchase Order will not be issued to a Vendor until receipt of all required
insurance documents by the City Procurement Office with such documents meeting all requirements
herein. In addition, before any Contract renewal, all required insurance must be in force and on file with
the City Procurement Office. Contractor must submit required insurance within ten (10) calendar days
after request by the City Procurement Office or the award may be rescinded and another Vendor selected
for award.
B. Minimum Limits of Coverage: Without limiting any obligations or liabilities, the Contractor, at its sole
expense, shall purchase and maintain the minimum insurance specified below with companies duly
licensed or otherwise approved by the State of Arizona, Department of Insurance and with forms
satisfactory to the City. Each insurer shall have a current A.M. Best Company, Inc., rating of not less
than A-VH. Use of alternative insurers requires prior approval from the City.
i. Minimum Limits of Insurance. Contractor shall maintain limits no less than:
a. Commercial General Liability
Commercial general liability insurance limit of not less than $1,000,000 for each occurrence, with
a $2,000,000 general aggregate limit. The general aggregate limit shall apply separately to the
services under this Contract or the general aggregate shall be twice the required per occurrence
limit The policy shall be primary and include coverage for bodily injury, property damage,
personal injury, products, completed operations, and blanket contractual coverage, including but
not limited to the liability assumed under the indemnification provisions of this Contract which
coverage will be at least as broad as insurance service officer policy form CG2010 11/85 edition
or any replacement thereof.
In the event the general liability policy is written on a "claims made" basis, coverage shall extend
for two (2) years past completion and acceptance of the services as evidenced by annual
certificates of insurance.
Such policy shall contain a "severability of interests" provision.
RFP 15-166 18

b. Worker's Compensation
The Contractor shall carry worker's compensation insurance to cover obligations imposed by
federal and state statutes having jurisdiction of Contractor employees engaged in the performance
of services; and employer's liability insurance of not less than $100,000 for each accident,
$100,000 disease for each employee and $500,000 disease policy limit.
In case services are subcontracted, the Contractor will require the subcontractor to provide
worker's compensation and employer's liability to at least the same extent as provided by
Contractor.
c. Automobile Liability
Commercial business automobile liability insurance with a combined single life or bodily injury
and property damages of not less than $1,000,000 per accident regarding any owned, hired, and
non-owned vehicles assigned to or used in performance of the Contractor services. Coverage will
be at least as broad as coverage Code 1 "any auto". Insurance Service Office policy form
CA0001 Y87 or any replacements thereof. Such coverage shall include coverage for loading and
unloading hazards.
C. Additional Insured. The insurance coverage, except for workers compensation and professional liability
coverage, required by this Contract, shall name the City, its agents, representatives, directors, officials,
employees, and officers, as additional insureds, and shall specify that insurance afforded the Contractor
shall be primary insurance. This provision and the naming of the city as an additional insured shall in no
way be construed as giving rise to responsibility or liability of the City for applicable deductible amounts
under such policy(s).
D. Coverage Term. All insurance required herein shall be maintained in full force and effect until all work
or service required to be performed under the terms of the Contract is satisfactorily completed and
formally accepted by the City. Failure to do so shall constitute a material breach of this Contract.
E. Primary Coverage. Contractor's insurance shall be primary insurance to the City, and any insurance or
self insurance maintained by the City shall not contribute to it.
F. Claim Reporting. Any failure to comply with the claim reporting provisions of the policies or any breach
of a policy warranty shall not affect coverage afforded under the policy to protect the City.
G. Waiver. The policies, including workers' compensation, shall contain a waiver of transfer rights of
recovery (subrogation) against the City, its agents, representatives, directors, officers, and employees for
any claims arising out of the work or services of the Contractor.
H. Deductible/Retention. The policies may provide coverage which contain deductibles or self-insured
retentions. Such deductible and/or self insured retentions shall be disclosed by the contractor and shall
not be applicable with respect to the coverage provided to the City under such policies. Contractor shall
be solely responsible for deductible and/or self-insurance retention and the City, at its option, may require
Contractor to secure the payment of such deductible or self-insured retentions by a surety bond or an
irrevocable and unconditional letter of credit.
RFP 15-166 19

Certificates of Insurance. Prior to commencing work or services under this Contract, Contractor shall
furnish the City with certificates of insurance, or formal endorsements as required by the Contract, issued
by the Contractor's insurer(s), as evidence that policies providing the required coverages, conditions, and
limits required by this Contract are in full force and effect. Such certificates shall identify this Contract
number or name and shall provide for not less than thirty (30) days advance notice of cancellation,
termination, or material alteration. Such certificates shall be sent directly to: Contract Administrator, City
of Tempe, P. 0. Box 5002, Tempe, AZ 85280.
J. Copies of Policies. The City reserves the right to request and to receive, within ten (10) working days,
certified copies of any or all of the above policies and/or endorsements. The City shall not be obligated,
however, to review same or to advise Contractor of any deficiencies in such policies and endorsements,
and such receipt shall not relieve Contractor from, or be deemed a waiver of, the City's right to insist on
strict fulfillment of Contractor's obligations under this Contract.
10. Payment: Payment in full shall be made to the Contractor within thirty (30) days after receipt and approval of an
itemized invoice, unless terms other than net thirty (30) days are offered as a discount, at the City's sole
discretion.
11. Contract Submittal: Offeror is to furnish a copy of its proposed contract with its proposal response. Contractual
considerations are an important evaluation factor and will be considered in making an award decision. Any
proposed contract should be tailored to the specific requirements of the City's Request For Proposal and overall
conformity with the City's Request for Proposal requirements. The failure of an Offeror to reach an acceptable
contract to the satisfaction of the City will result in proposal rejection.
12. Job Site Requirements and Clean-Up: Contractor agrees and covenants to adequately protect the work site,
adjacent property and the public in all phases of the work and/or services provided herein. Contractor shall be
solely responsible for all damages or injuries due to action or neglect pursuant to this section. Contractor shall
maintain access to all phases of the Project pending inspection by the City or its agent. Contractor hereby agrees
to the following as to the job site:
A. Continually keep the job site free from debris, waste and accumulation of materials;
B. Immediately clean up any oil, fuel or chemical spills and take any and all remediation necessary;
C. Keep machinery clean and free of weeds and debris;
D. Remove all construction stains, smears and debris from finished surfaces;
E. Perform site preparation to limit the spread of weeds, debris and other nuisances prior to submission of
final invoice to the City; and,
D. Remove all equipment, materials, tools and Contractor's personal property prior to submission of final
invoice to the City.
13. Confined Space Work: The Contractor shall comply with all applicable federal, state, local health and safety
regulations, ordinances, and requirements. In addition, the following requirements are applicable for City
construction projects. The Contractor shall implement a permit-required confined space program as specified under
29 CFR 1910.146 for all work that encompasses a space that 1) is large enough and so configured that an employee
can bodily enter and perform assigned work; 2) has limited or restricted means for entry or exit (for example, tanks,
vessels, silos, storage bins, hoppers, vaults, and pits are spaces that may have limited means of entry); and 3) is not
designed for continuous employee occupancy.
REP 15-166 20

14. Conduct and Dress Code: The Contractor's employees shall maintain proper conduct at all times while on City
property. Employees shall respect other personnel at the work site. Abusive language, ethnic and racial slurs, sexual
comments and jokes, shouting, and gestures toward other personnel will not be tolerated. Any occurrence will result
in immediate action with possible dismissal of that employee.
Employees will be neatly dressed with badges or uniforms that identify them as employees of the Contractor.
15. Safety, Health and Sanitation: The Contractor shall provide and maintain in a neat, sanitary condition such facility
accommodations for the use by their employees as may be necessary to comply with the requirements and
regulations of the Arizona State Department of Health or as specified by the Maricopa County Health Department,
Sanitary Code.
The Contractor shall be fully responsible for the safety of their employees, the public and property in connection
with the performance of the work covered by this Contract. The Contractor shall provide all safeguards, safety
devices and protective equipment and be responsible for taking any needed actions to protect the life and health of
their employees and the public during work activity. The Contractor shall also take any necessary actions as
directed by the City of Tempe Project Manager to reasonably protect the life and health of employees on this job and
others coming into contact with the job site.
Precaution shall be exercised by the Contractor at all times for the protection of persons (including employees) and
property. The Contractor shall comply with the provisions of all applicable laws, pertaining to such protection
including all Federal and State Occupational Safety and Health Acts, and Standards and Regulations promulgated
there under.
16. Employees of the Contractor: No one except authorized employees of the Contractor is allowed on the premises of
the City of Tempe. Contractor employees are NOT to be accompanied in their work area by acquaintances, family
members, assistants, or any other person unless said person is an authorized employee of the Contractor. Failure of
Contractor to meet this requirement will result in permanent removal of employee performing work at the City of
Tempe sites. The Contractor must, however, furnish the City a current employee register on the issuance of this
Contract and updated every six (6) months thereafter. This register must contain the Name, Phone Number, and
Address.
17. Sub-Contractor(s): The City reserves the right to approve all sub-contractors. Contractor is responsible for all
actions of sub-contractors. Contractor shall name sub-contractors as additionally insured, in addition to the City of
Tempe on all required insurance documents.
18. Safety Apparel Used by Contractor Employees/Staff: Contractor's employees/staff shall be required to wear
safety apparel (i.e., eye, ear, face, protection, etc.) and appropriate clothing. Monitoring of safer work performance
will be performed by City staff.
RFP 15-166 21

Scope of Work
The purpose of this Request for Proposal (RFP) is to establish a contract with a qualified firm to provide Hewlett-Packard
(HP) enterprise computers, servers and software, related enterprise products (such as VMware, Citrix, Microsoft, or related
products), consulting and support services and bolt on items. Resulting contract will be awarded for a two (2) year period
with the City's and awarded fium's option to renew for up to four (4) additional years and may be available for use by other
agencies per the teims and conditions of this RFP.
The City has established a brand name only specification for the items listed within the solicitation. Due to product
standardization, the City requires only the brand names listed will be offered for this procurement.
Resulting contract shall be monitored under the supervision of the City Procurement Office and Information Technology.
Multi-Agency Procurement
The following agencies have expressed their intent to purchase from resulting contract. Any and all S.A.V.E members may
also purchase from resulting contract.
Agency Name Estimated Annual Spend
City of Tempe $800,000 to $1,500,000
Maricopa County $200,000
Chandler Unified School District (added) $20,000
City of Goodyear (added) $50,000
All agencies named in this RFP hereafter referred to as "Agency or Agencies".
Contract Award
In order to assure that any ensuing Contracts will allow the City to fulfill current and future requirements, the City
reserves the right to award Contracts to multiple companies. The actual utilization of any Contract will be at the sole
discretion of the City. The fact that the City may make multiple awards should be taken into consideration by each
Offeror.
Mandatory Minimums
The following requirements have been identified as mandatory minimums for this procurement. Firms that do not meet
these mandatory minimums will be deemed non-susceptible and removed from the evaluation process.
• Contractor must have a lab and technical office in the Phoenix Metropolitan area.
• Contractor must have technical staff in the Phoenix Metropolitan area.
• Contractor must be a HT' Authorized Reseller/Partner for the products, sales, and services/support as outlined
in this RFP.
• Contractor's personnel/staff shall be trained to support the products and services offered to the City.
• All services/work performed under resulting contract must be performed in the United Stated.
RFP Communications/Inquiries
Upon release of this RFP, all communications shall be directed in writing, via Email, to the Procurement Officer listed
below. No other agency official or employee is empowered to speak for the City or Agencies with respect to this
procurement. Unauthorized contact with any employee of any department within the City of Tempe or other Agency may
result in disqualification from the RFP process. Any oral communication will be considered unofficial and non-binding
on the City or other Agencies.
The RFP number assigned to this Request MUST be contained in the subject line of all correspondence.
RFP 15-166 22

Contact the following individual for clarification of this RFP:
Ted Stallings
Procurement Officer
Ted_stallings@tempe.gov
Economy of Proposal
Proposals should be prepared simply and economically, providing straightforward and concise description of the
proposers' capabilities to satisfy the requirements of the RFP. Emphasis should be on completeness and clarity of
content. Elaborate brochures and other representation beyond that sufficient to present a complete and effective proposal
are neither required, nor desired.
Specifications
All equipment included in this Proposal shall be warranted for one year, 100% parts and labor, or for the manufacturer's
standard warranty, whichever is longer and most comprehensive. The Contractor(s) shall provide 24-hour delivery on
repair items from the date and time of contact on any component determined to require servicing that is being returned.
The Contractor(s) shall also be the first line of support for service calls that we believe can be handled through that
process.
Services and Response Times,
Contractor will be required to provide dedicated presales services and sales support at no cost to the City for
equipment/hardware and software. Presales and sales support can include all or any combination of the following:
• HP 9000 and Integrity Servers and upgrade components
• HP Product technology roadmaps
• HP Storage products and solutions
• HP Backup and recovery products
• HP system software and monitoring tools
• BP Monitoring products and services
• HP x86 (Proliant or equivalent) enterprise servers
• HP Enterprise Printers
• HP Remarketed products
• HP Enterprise system maintenance and support
• Rack and Power systems for the data center
• Miscellaneous devices, peripherals, cables for operation or interfacing of HP equipment
• VMWare related products and services
• Operating systems supported by HP hardware
• 3rd party backup and recovery products
• Other 3rd party enterprise solutions utilizing HP hardware and/or software
RFP 15-166 23

Contractor(s) shall have the ability to electronically send and receive information, orders, and other documents. The use
of E-Commerce or similar processes to obtain information and process orders is of interest to the City.
Each of the service items listed below reflect the response times for common engagements. They also represent services
that are paired with BP equipment orders.
Pre-Sales: One week lead-time to schedule an onsite meeting to discuss/whiteboard/walk through Datacenter.
Final Configuration: The City requests these meetings within 3-5 business days.
Installation: The City schedules installation/configuration of systems 1-2 weeks ahead of time. This service is not
required for typical server orders, but they are required for more complex system orders that occur sporadically
throughout the year.
Post-Installation: If there are residual problems after a contractor-assisted installation/configuration, the City will need the
contractor technical resource(s) back onsite within 48hrs of notice. Some systems are extremely critical, and require a
much quicker response.
Project: One week lead-time for project meeting requests. Projects that may require outside assistance from the
Contractor: SAN migrations, V1VIware projects, Directory migrations, and new technology deployments have involved
extensive use of VAR consulting.
Roadmaps: The City currently schedules three HP product roadmap meetings each year. One roadmap meeting is for HP
x86 (ProLiant) servers and related components. The second is for BP Business-Critical Systems. The third roadmap will
be a technology overview of current City system status with three year recommended technology plan to meet the City's
vision, values, and goals. Since the roadmaps involve the entire group meeting together with the VAR and an HP rep, the
City usually require a month of lead-time to coordinate this. These roadmaps are provided by HP and the VAR at a City
facility.
Lab: One week lead-time for meeting request. The City will occasionally request time at the Contractor's office to see
how equipment works in a lab environment.
Workshops: Two to three weeks lead-time. Occasionally the City will request the Contractor to provide workshops for
the City in order to learn how to leverage new technology, or take advantage of extended features of existing technology.
These workshops often occur at Tempe facilities. The City will work with the Contractor to develop a scope of training
that fits our particular technical needs. Once the scope has been determined, the workshops generally require 2-3 weeks
to schedule.
Product recall
Awarded contractor assumes full responsibility for prompt notification of both the contract administrator and purchases of
any product recall in accordance with the applicable State of Arizona and federal regulation.
Pricing
Group numbers one through nine for HP products and/or services will be listed along with groups 10 through12 from each
contractor's company catalog. Discounts off of HP published price lists located at www.hp.com are required for the first
nine groups. A discount off of contractor's own company enterprise computer, peripherals and services published price
list is required for the fmal three groups. Discount(s) shall be fixed for the life any resulting contract(s). However,
Contractor may offer the City special promotional discounts at any time during the contract.
RFP 15-166 24

All pricing submitted must be for "new" equipment, with the exception Group 8.
Company's price catalog(s) must be submitted within with RFP response. Company's price catalog(s) may be submitted on
CD/DVD or Internet web-site. Updates to the referenced catalogs must be provided at no cost to the City of Tempe when
available. Procurement Officer must be informed 14 business days in advance of any new catalogs and the respective
date(s). Updates may be in the form of print, CD, or Internet web-site. This requirement does not apply to RP products and
services.
Quotes
All quotes shall include the following: description, manufactures part number, list price, percent discount, city cost and
sales tax.
All shipments must be full (no partial shipments), unless specifically requested by the City of Tempe.
Invoicing and Payment
All invoicing must e-mailed within 20 days of final acceptance of product or services. Invoicing must be itemized, only
one- (1) order per invoice. Requisition/Purchase Order Number and serial number(s) must appear on all packing slips and
invoices. Copy of all invoices for materials and equipment must be attached to each invoice before payment can be made.
Packing slip and invoice line items must match quote lines items. Should quote, packing slip and invoice line items not
match, payment will be held, until corrected packing slip and invoice are received. Quotes and invoices must show
manufacturers' list/catalog price, percentage discount and contract cost. Multiple orders/backorders may not be combined
on a single packing slip and invoice.
If a subcontractor is used, it is the responsibility of the prime Contractor to invoice for the subcontractor's services. The
City of Tempe will not pay subcontractor for services performed as part of this contract.
Invoices should be e-mail to lisa_emst@tempe.gov
Deliveries are to be sent to City of Tempe, ITD Tech Services, 53 South Priest Drive, Building G, Tempe, AZ 85281
Please note that the City does not have a dock, but does have access to a forklift.
Proposal Questionnaires
Proposers are to be read and completely answer each question contained in the RFP Questionnaire. RFP Questionnaire will
be used to determine which proposed business model is in the best interest of the City. The City is the sole judge as to
determining what is in the best interest of the City.
Post Award Conference
Awarded Contractor may be required to attend a post award Conference.
RFP 15-166 25

Proposal Questionnaire
"Return this Section with your Response"
Mandatory Compliance — Questions 1 through 5
Film expressly certifies that together with its sub-contractor(s) it fully meets or exceeds all the requirements listed below
and that it has the commitment and resources to satisfy these requirements. A "No" response to any one question (1
through 5) will remove your firm from the evaluation process.
Yes No
1. Contractor must have a lab and technical office in the Phoenix Metropolitan area.
2. Contractor must have technical staff in the Phoenix Metropolitan area.
Contractor must be a HP Authorized Reseller for the products, sales, and services/support as
3. outlined in this RFP. Letter of authorization must be placed in Tab C.
Contractor's personnel/staff shall be trained to support the products and services offered to the
4. City.
5. All work performed under resulting contract must be performed in the United Stated.
How to Respond
The proposer should provide a concise explanation of its capabilities to satisfy the requirements of this RFP, with
emphasis on completeness and clarity of content. You may provide exhibits should you believe that this would be
beneficial. However, all proposals submitted for evaluation must include, but are not limited to, answers to the
questions in this questionnaire as presented below:
Proposers must respond to each question by using the response box provided, failure to do so may result in your
firm's response being found non-responsive.
A. If selected, will your company allow other government agencies to utilize this Contract? Yes No
B. Will your firm accept the City's Procurement Card (Master Card) for payment of Yes No
products/services in place of a City issued check?
C. Will your firm accept Payment via ACH (Automated Clearing House) for payment of Yes No
products/services in place of a City issued check?
Proposal Questionnaire Instructions
If your firm has prior experience working with the City DO NOT assume this prior work is known to the evaluation
committee. All firms are evaluated solely on the information contained in their proposal, information obtained from
references, and presentations if requested. All proposals must be prepared as if the evaluation committee has no
knowledge of the firm, their qualifications or past projects.
Responses to proposal questionnaire and related documents, exhibits, etc. are to be organized in the same
sequence as presented in the questionnaire. Supporting documents, exhibits, etc. not clearly identified to
correlating question will not be evaluated. The evaluation committee shall have the final determination to what
is considered "clearly identified".
The City emphasizes that you should concentrate on accuracy, completeness, and clarity of content. DO NOT assume
that you will have any opportunity to make a presentation or explain any item or detail.
RFP 15-001 26

Firm's Experience and Qualifications
1. Provide a Statement of Qualifications. The Statement of Qualifications must be clear, well organized, and concise
document that demonstrates the proposer's qualification. The Statement of Qualifications submitted in response
to this RFP shall address the successive sections as listed below. Each section should not be repeated and the
section title should be used in a heading for each response.
Statement of Qualifications must be placed in Tab C.
Executive Summary
Provide an overview of the entire Statement of Qualifications describing the highlights of the submittal. May not
exceed two pages.
Identification of Responder
• Legal name and address of firm.
• Legal form of firm. If joint venture, identify the members of the joint venture and provide all
information require for each member.
• If company is wholly owned subsidiary of a "parent company," identify the "parent company"
and all subsidiaries.
• Complete address of office responsible for project. Address provided must be an address in the
Phoenix Metropolitan area.
• Name, title, address and telephone number of person to contract concerning the Statement of
Qualifications.
Availability
• Describe the current and on-going commitments your firm is engaged with.
• Describe how your firm will successfully accomplish the City's needs and any other agency's that
choose to utilize any resulting contract(s)?
2. Describe your philosophy for future industry direction over the next five years for the following technologies:
• Server virtualization
Response:
• Desktop virtualization
Response:
• RP Integrity product line
Response:
• HP x86 (Proliant) product line
Response:
• HP storage and backup solutions including fiber channel, iSCSI, and shared Ethernet
Response:
• Cloud computing and hybrid infrastructures
Response:
• Emerging Information Technology trends
Response:
3. Please provide the number of similar engagements for government clients which your firm completed for RP or
related enterprise technologies over the past five (5) years..
Response: must be a numeric number
RFP 15-001 27

4. Will any services/work under resulting contract be performed outside the United States? Yes I I No
5. Will your firm comply with the service response times as outlined in this RFP? Yes I I No
6. Provide the city(s) and state(s) where the service personnel are located and what their responsibilities are?
Response
7. Explain your firm's return policy.
Response
8. Does your firm have all required Federal, State, and local licenses required for resulting Yes No
contract? If no, please explain
Response
9. Has your firm gone by a different name in the last five (5) years? If yes, please list Yes No
names below.
Response:
10. Within the previous five years has your firm been debarred from contracting with any Yes No
local, state, or federal governmental agency? If yes, explain below
Response:
11. Within the previous five years has your firm used any sub-contractor to perform work on Yes No
a government contract when that sub-contractor had been debarred by a governmental
agency? If yes, explain below.
Response:
12. Within the previous five years has your fin -n been the defendant in court on a matter related to any of the following
issues:
• Payment to subcontractors? Yes No
• Work performance on a contract? Yes No
13. Describe your fum's E-Commerce abilities to electronically send and receive information, orders, and other
documents.
Response:
14. Please explain ordering process, including presales support, pre-configuration, delivery schedules and shipping
methods and capabilities to expedite orders.
Response:
RFP 15-001 28

15. Provide any information that will provide insight to the City about your qualifications, fitness and abilities. This
information should be succinct.
Response:
16. Will your firm comply with the invoice and payment requirements of this RFP? Yes No
17. Will your funi comply with the quote and packing slip requirements of this RFP? Yes No
18. Does your firm have the ability to provide presales and sales support and services for the following?
HP 9000 and Integrity Servers, and upgrade components Yes No
HP Product technology roadmaps Yes No
HP Storage products and solutions Yes No
HP Backup and recovery products Yes No
HP system software and monitoring tools Yes No
HP monitoring products and services Yes No
HP x86 (ProLiant) enterprise servers Yes No
HP Enterprise printers Yes No
Rack and power systems for Datacenter Yes No
Miscellaneous devices, peripherals, cables for operation or interfacing of HP equipment Yes No
HP enterprise maintenance and support Yes No
HP remarketed products Yes No
VMWare related products and services Yes No
Operating systems supported by HP hardware Yes No
3rd party backup and recovery products Yes No
Other 3rd party enterprise solutions utilizing HP hardware and/or software Yes No
V1VfWare related products and services Yes No
Operating systems supported by HP hardware Yes No
rd party backup and recovery products Yes No
Other 3r 1 party enterprise solutions utilizing HP hardware and/or software Yes No
Proposer Employee Qualifications
19. List designated Contract Manager who will be responsible for managing all work provided by any resulting
contract. (This individual shall be considered "Key Personnel.").
Contract Manager Name:
Phone Number:
Cellular Phone:
E-mail Address:
REP 15-001 29

20. List the sales staff (team), including technical support, that will be responsible for supporting the City of Tempe
account, based upon your capabilities at the time of proposal opening. Provide a resume for each team member
A Presale and Sales
Name:
Brief overview of the experience and background
Response:
Name:
Brief overview of the experience and background
Response:
Name:
Brief overview of the experience and background
Response:
Name:
Brief overview of the experience and background
Response:
B Consulting
Name:
Brief overview of the experience and background
Response:
Name:
Brief overview of the experience and background
Response:
Name:
Brief overview of the experience and background
Response:
Name:
Brief overview of the experience and background
Response:
RFP 15-001 30

C Technical
Name:
Brief overview of the experience and background
Response:
Name:
Brief overview of the experience and background
Response:
Name:
Brief overview of the experience and background
Response:
Name:
Brief overview of the experience and background
Response:
RFP 15-001 31

Training Services
1. Explain and provide list of training and costs, if available, for specific products being proposed.
If training is not supplied directly by your company, please describe the relationship with the training organization.
Response:
Description of Services and Cost (If no cost, please use $0.00)
a.
b.
c.
d.
e.
f.
g.
h.
1.
J.
k.
1.
m.
n.
o.
RFP 15-001 32

References
The evaluation committee reserves the right to contact references provided by Offeror and any additional
references as determined by the committee.
1. Provide at least three (3) State, County or Local government entity references where your organization has
successfully provided similar product and services in scope to City of Tempe RFP within the past five years.
Include the following minimum information for each reference:
Agency Name
City / State
Current Agency Contact Person
Agency Contact Person's telephone number
Agency Contact Person's Email Address
Description of Products and Services Provided
Response — Reference One:
Response — Reference Two:
Response — Reference Three:
RFP 15-001 33

Acceptance and Compliance of RFP Terms and Conditions and Miscellaneous
1. Does your company accept all terms and conditions of this solicitation? Yes No
If no, please explain
Response:
2. If selected, will your company allow other government agencies not specifically named to Yes No
utilize this Contract?
If no, please explain
Response:
3. Will your firm require the Agency to sign a separate agreement or contract if selected for Yes No
award of contract?
If yes, please submit with response to RFP. Firm's that fail to submit a separate agreement with proposal will not be
allowed to submit in the future.
Response:
4. If a separate agreement or contract is required what process will your firm use to negotiate the agreement conflicts
RFP terms and conditions.
Response:
RFP 15-001 34

Proposer Address and W9 Information
1. Provide your firms complete Purchase Order mailing address.
Response:
2. Provide your firms complete remit to address which appears on all invoices.
Response:
3. Please provide the exact name(s) that appears on your firm's current W9. Please do not include your firm's W9
with your response.
Response:
RFP 15-001 35

Return this Section with your Response
Proposal Checklist For Submittals and Submittal Guidelines
The following checklist has been provided to assist you in submission of your offer.
This list should not be considered complete, other information or documents may be necessary as part of your submission.
The items listed are the primary documents and information that must be completed and/or included with your submittal.
Please include any information or documents that will clarify your submittal.
Description Included -4
1. One signed and complete original of the proposal response
a. Vendor's Offer — Form 201-B (RFP) has been signed and included
with response
2. One (1) complete USB Flash Drive copies of the proposal. NO
CD's/DVD's
3. Questionnaire A has been completed and included
4. Proposal Questionnaire exhibit (s)
5. Price Information completed and included. Must be submitted in
Microsoft Excel format.
6. Provide copy of proposed contract with proposal response.
7. Any addendum(s) have been included
8. Signed and completed Affidavit of Compliance with Tempe City Code
Chapter 2 Article VIII Section 2-603(5).
Submittal Guidelines
• All hard copies and or USB Flash Drive copies must be indexed or tabbed in the manner prescribed below.
• All submittals are to be prepared on 8 1/2" X 11" paper and printed on one (1) side only.
• Summited in an appropriately size tabbed binder as follows:
o TAB A
• Vendor's Proposal Offer" (Form 201-B), Addendums.
• Signed and Completed Affidavit of Compliance with Tempe City Code Chapter 2 Article VIII
Section 2-603(5).
• Proposal Checklist For Submittals and Submittal Guidelines.
o TAB B
• Proposal Questionnaire "A" completed and included.
o TAB C - Proposal Questionnaire exhibit(s).
o TAB D - Price Information completed and included.
o TAB E - Provide copy of proposed contract with proposal response.
• Tabbing applies to all hard copies and USB's
Proposers are reminded that the Evaluation Committee's ability to evaluate the proposals is dependent upon the organization,
detail and readability of the submittal documents. A clear, complete and adequate response is very important.
Proposer's questionnaire exhibits that are not clearly marked to which questionnaire question it applies to will not be read
and evaluated causing your firms score to be lowered.
RFP 15-001 36

Evaluation Criteria
Proposal responses will be evaluated through as indicated below:
Phase One - Evaluation committee composed of Agency staff will review the responses and score them according to the
criteria identified below.
Phase Two - After proposal responses have been scored, the evaluation committee will determine if any firms should be
removed for non-susceptibility based on their overall score within the competitive range established. Those firms retained
may be invited for interviews, negotiations, site visits, and best and fmal Offers as determined at the sole discretion of the
Agency.
It is important to note that firms may be removed for non-susceptibility anytime during the evaluation process and not just
at the specific points noted above.
The information and answers provided by firms through this submittal process will be used to evaluate proposals. In
evaluating a firm's overall experience and competence to perform the stated work, the evaluation committee may rely on
additional resources beyond the information provided by the fum.
Award Criteria Weight
Initial Evaluation
1. Hewlett Packard Authorizations and Certifications 10
2. Firm's Experience and Qualifications 25
3. Training, knowledge transfer, and seminar services 3
4. References 5
5. Cost 40
6. Acceptance and Compliance of RFP Terms and Conditions. 7
• Firm's acceptance of City terms and conditions.
• Is a separate negotiated agreement required?
• Reasonableness of separate agreement.
7. Overall response of RFP. 3
• Did the vendor's proposal provide all the necessary infoimation requested in the
RFP in a professional and organized manner.
• Did the vendor's proposal cause doubt regarding its ability to complete the
necessary services/tasks.
• Was the vendor's proposal easy to understand and did it provide answers to
questions or create more questions?
• Etc.
Second Phase of Evaluation
8. Interview and/or Demo/Proposal Presentation — (if required and for applicable firms) 20
RFP 15-001 37

This proposal will be evaluated on a cumulative point system using the rating scale shown below (fractional points may be
selected within this range).
Scoring
Outstanding . 10
9
Good 8
7
6
Average 5
4
3
Poor 2
1
Not Addressed or Unacceptable o
To evaluate the cost portion of the above criteria, the City may elect to evaluate each firm on a percentage basis of the
lowest cost Offer. The formula would be: (Lowest Priced Offer/Evaluated Finn's Price) X Points Possible = Evaluation
Points.
RFP 15-001 38

AFFIDAVIT OF COMPLIANCE WITH TEMPE CITY CODE
CHAPTER 2 ARTICLE VIII SECTION 2-603(5)
Per Tempe City Code Chapter 2 Article VIII Section 2-603(5), it is unlawful for a City vendor or
City contractor, because of race, color, gender, gender identity, sexual orientation, religion,
national origin, familial status, age, disability, or United States military veteran status, to refuse
to hire or employ or bar or discharge from employment any person, or to discriminate against
such person in compensation, conditions, or privileges of employment.
City vendors and contractors shall provide a copy of their antidiscrimination policy to City to
confirm compliance with this requirement or attest in writing to compliance.
• CONTRACTOR means any person who has a contract with the City.
• VENDOR means a person or firm in the business of selling or otherwise providing
products, materials, or services.
CONTRACTOR/VENDOR, select one:
Current copy of antidiscrimination policy attached
OR
I hereby certify (contractor/vendor) to be
in compliance with Tempe City Code Chapter 2 Article VIII Section 2-603(5).
Date:
Signature
Print Name Title
Company
RFP 15-001 39