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REQUEST FOR
PROPOSALS
Finance Department
10000 N. El Mirage Rd.
El Mirage, Arizona 85335
Telephone: (623) 876-2953
City of El Mirage, Arizona
Notice of Request for Proposals
Solicitation Description:
Fire Department Study
Submittal Due Date: XXXXX XX, 2021
XX:XX A.M., local time
Project documents may be downloaded at:
www.elmirageaz.gov
In accordance with City of El Mirage Procurement Code submissions for the material or services specified
will be received by the City of El Mirage Administration Department at the specified location until the date
and time specified above. Responses to the Request for Proposals must be electronically submitted and
in actual receipt by the City of El Mirage Administration Department on or prior to the Proposal Due Date
and Time. Late proposals will not be considered, except as provided in the City of El Mirage Procurement
Code. Proposals shall be electronically submitted via email. Please identify the project in the
subject line of the email. Submitters are strongly encouraged to carefully read the entire Request for
Proposals package.
Fire Department Study
Finance Department
10000 N. El Mirage Rd.
El Mirage, Arizona 85335
Telephone: (623) 876-2953
INSTRUCTIONS AND SUBMITTAL
CONDITIONS
Page 2 of 22
1. GENERAL
The City of El Mirage (City) seeks to enter into a contract with a qualified consultant to conduct an
independent study evaluating the current operational efficiency and status of the El Mirage Fire
Department (EMFD) and to identify future needs for strategic planning purposes. The term of the
contract shall be one (1) year commencing on the contract effective date.
The consultant shall develop a final report from the study providing the information requested in
Section 3, Scope of Work. The report shall be presented in electronic and written format to the Fire
Chief and the City Manager for review. It may be required of the consultant to make a formal
presentation of the report to City Management (City Council and Staff).
The purpose of the study is to provide the City and EMFD with an external perspective regarding the
EMFD emergency and non-emergency fire and Emergency Medical Service (EMS) service delivery
system. The scope of the study will include an analysis of EMFD’s organizational structure, calls for
service, staffing, overtime, personnel and equipment deployment, emergency communications (911),
strategic planning, fire code compliance, fire prevention and public education efforts.
2. BACKGROUND
The City is considered the gateway to the Northwest Valley of the Greater Phoenix Metro Area. El
Mirage has grown from a small town, dependent on agriculture, to a diverse urban economy with a
2019 census population estimate of 35,753. The City’s mission is to offer exemplary service to all who
live, work and visit El Mirage. We take great pride in treating each citizen equally and professionally in
a manner that fosters continued confidence in the City’s leadership.
The City is an incorporated city that is organized with a Mayor/Council form of government. The City
Council consists of seven members, including the Mayor. The Council is comprised of members that
are elected at-large and serve four-year staggered terms.
The City is located approximately 10 miles northwest of downtown Phoenix and minutes away from
Luke Air Force Base (LAFB). LAFB is the United States Air Force’s largest fighter pilot training
facility in the world and the City proudly supports the men and women of LAFB and their mission. On
the City’s southern border, El Mirage is a part of a collaborative effort to build the Northern Parkway
transportation corridor. This project when completed will provide access to the Loop 303, connecting to
Interstate 10 and Interstate 17. On the City’s northern edge, U.S. Highway 60 provides easy access to
the Loop 101 and Loop 303, two of the area’s busiest regional highways.
EMFD is presently rated as a fire protection class 2/2x from the Insurance Service Organization and is
an all-hazard response agency that responds to nearly 4,500 calls for service annually. EMFD responds
to and mitigates a variety of emergency situations including fires, auto accidents, medical emergencies,
and hazardous materials incidents.
Fire Department Study
Finance Department
10000 N. El Mirage Rd.
El Mirage, Arizona 85335
Telephone: (623) 876-2953
INSTRUCTIONS AND SUBMITTAL
CONDITIONS
Page 3 of 22
When EMFD personnel are not responding to emergencies, they are busy with on-going training, fire
safety inspections, pre-incident planning, public education, hydrant testing and charitable activities.
The EMFD is staffed with 27 sworn firefighters (9 per shift) who are ready to answer the community’s
call for service 24 hours per day, 365 days a year. Dependent upon staffing, one or two paramedic
engine companies with four firefighters, including two certified paramedics and one Battalion Chief,
are staffed daily. If staffing levels are not sufficient for two engine companies, a two-person low acuity
unit is placed in service each day with Emergency Medical Technicians and Paramedics.
The responsibilities of EMFD include emergency and non-emergency services which include
emergency response, operations, training and logistics, fire inspections, fire investigations and public
education.
EMFD reports to the Fire Chief’s Office and include the following personnel categories:
Administration
No. of Personnel
Fire Chief
1
Assistant Fire Chief
1
Administrative Assistant
1
Operations
Full-Time Fire Battalion Chiefs
3
Full-Time Fire Captains EMT/Paramedics
6
Full-Time Fire Engineers EMT/Paramedics
6
Full-Time Firefighters EMT/Paramedics
12
Prevention
Administrative Fire Captain – Assigned Fire Marshal duties
1
Total EMFD personnel
31
3. SCOPE OF WORK
A. Study Objective
1. The study will focus on (A) the evaluation of EMFD as related to its ability to provide service
currently and meet the future needs of the City of El Mirage and its citizens per NFPA 1710
Standard for the Organization and Deployment of Fire Suppression Operations, Emergency
Medical Operations and Special Operations to the Public by Career Fire Departments, and (B)
EMFD’s ability to meet the operational guidelines of the Intergovernmental Agreement for the
Regional Metropolitan Phoenix Fire Service Automatic Aid.
Fire Department Study
Finance Department
10000 N. El Mirage Rd.
El Mirage, Arizona 85335
Telephone: (623) 876-2953
INSTRUCTIONS AND SUBMITTAL
CONDITIONS
Page 4 of 22
2. The study will evaluate the current primary Public Safety Answering Point (PSAP) - City of
Tolleson Police Department Dispatch Center - to determine contractual requirements and
current performance in answering incoming E911 emergency and non-emergency fire service-
related calls and time taken to receive calls and transfer calls to the secondary PSAP (Phoenix
Fire Department's Regional Dispatch Center) for actual dispatch to EMFD units. Using data and
information collected from other municipal fire organizations’ PSAPs in the area, compare the
EMFD current dispatch process for equivalency and effectiveness. The performance standards
shall follow the operational requirements referenced in the NFPA 1221 Installation,
Maintenance, and Use of Emergency Communications Systems. The report will also include
any recommendations or alternatives to enhance communication dispatching service levels.
3. The study will review the 2017 Public Protection Classification Report conducted by the
Insurance Service Office (ISO) and then compare the report to current service levels of the
EMFD to determine if improvements can be developed to enhance the City’s overall ISO rating.
The outcome of this review/evaluation shall identify any actions that may be developed to
enhance the rating currently or for future reviews.
4. The awarded firm will be required to submit/present the following:
a. A preliminary detailed written and electronic report of findings by MM/DD/YYYY.
b. A final detailed written and electronic report of findings by MM/DD/YYYY to include
current department status and recommendations to accomplish over the next 1 - 5 years
(short term) and 5 - 10 years (long term) to enable the EMFD to develop a comprehensive
strategic plan.
c. Develop an operational and financial plan demonstrating the understanding of the City's
financial capacity and possibility of tiered growth, including planning thresholds to address
current and future Fire and Emergency Medical Services (EMS) requirements.
d. The strategy must include trigger points which may indicate the need for increases in service
capability; needs to be sustainable over the next 10 years. The plan must also indicate what
resources (facilities, staff, equipment, materials, etc.) will be required.
e. Present findings and recommendations to City Council by MM/DD/YYYY. City Council
meetings are held at City Hall 10000 N. El Mirage Road, El Mirage, AZ 85335, and are
generally scheduled on the 1st and 3rd Tuesday of each month.
B. Developmental Study Report
1. With no other comparable departments (demographics, call volume, population, etc.) within the
Phoenix Metro area, a department to department comparison is not possible to be conducted.
The EMFD will be evaluated on its ability to provide appropriate and adequate service levels to
Fire Department Study
Finance Department
10000 N. El Mirage Rd.
El Mirage, Arizona 85335
Telephone: (623) 876-2953
INSTRUCTIONS AND SUBMITTAL
CONDITIONS
Page 5 of 22
the City of El Mirage per NFPA 1710 Standard for the Organization and Deployment of Fire
Suppression Operations, Emergency Medical Operations and Special Operations to the Public
by Career Fire Departments and the Intergovernmental Agreement operational guidelines for the
Regional Metropolitan Phoenix Fire Service Automatic Aid. The individual EMFD station can
be compared with other individual stations within the Phoenix Metro area that operate under the
same demographics, call volume, population, deployable resources, etc., if identified and
accepted by the EMFD Fire Chief as a comparable model.
2. The study will analyze historical data over the last five (5) years from the EMFD record
management systems, Phoenix Fire Department's Regional Dispatch Center, Insurance Services
Office and other available sources.
The following data will be used in the evaluation:
a. Number of personnel assigned to each shift available for responses.
b. Types of equipment/apparatus available within the EMFD.
c. Types of equipment/apparatus not available within the EMFD, but available through the
Phoenix Automatic Aid System.
d. The following data is required for all calls for service:
i. Annual number of calls for service per year for the last five (5) years.
ii. Calls in which the Engine was dispatched to support the Low Acuity (LA) should be
identified.
iii. Types of calls.
iv. Duration of the call, listed in categories of (0 - 1 minute), (1- 5 minutes), (5 - 10
minutes), (10- 30 minutes), (30 minutes plus).
v. Calls listed as responded in or out of the city limits of El Mirage.
vi. Total “In Service” time spent away from the station on calls (time from dispatch to
available for another response).
vii. Annual number of calls for service for the past five (5) years where another agency or
municipality has responded into the City of El Mirage.
3. The study will include an evaluation of the following organization areas:
a. Service area characteristics.
b. Organizational configuration.
c. Current service delivery infrastructure.
d. Management capacity, configuration, and lines of authority.
e. Daily minimum staffing requirements.
Fire Department Study
Finance Department
10000 N. El Mirage Rd.
El Mirage, Arizona 85335
Telephone: (623) 876-2953
INSTRUCTIONS AND SUBMITTAL
CONDITIONS
Page 6 of 22
f. Management and administrative support capacity.
g. Capital infrastructure to include apparatus, facilities, and equipment.
h. Fire prevention/Fire Code/fire investigation staffing and capacity.
i. Apparatus repair and maintenance capacity.
j. Emergency response resource deployment and performance for fire and EMS incidents.
k. Specialized response capabilities, or lack of, to respond to target hazards within the City.
Identify enhancements or changes that may be needed and number of times each has been
dispatched in the last five (5) years inside the city limits.
l. Training programs, including an assessment of the current regional cooperative training
agreements
4. The study will review existing street, roadway and mass transportation networks utilizing GIS
mapping tools in analyzing performance of the EMFD Station No. 1 primary response areas. The
analysis should include an evaluation of:
a. Response data including response time (unit notification time, reaction time, travel time and
on-scene time) The response times will not include the call answering time from the primary
PSAP to transfer to the secondary PSAP or processing by the secondary PSAP to actual
dispatch time.
b. Total difference of actual fire loss if any when EMFD initially responds within the city with
one engine staffed versus time when two engines are staffed.
c. Overall community risk assessment.
d. Population trending/demographics.
e. Target hazards.
f. Assessment of current service levels, including response times (unit notification time,
reaction time, travel time and on-scene time) to geographical areas within the City. Identify
when acceptable service levels have not been met. Incorporate an evaluation of time of day,
days of the week, seasonal impacts and the impact of anticipated growth on response times.
5. The study will use nationally accepted response standards to analyze overall functional and
operational viability of all fire units and include trigger points that could identify
recommendations for possible expansions of service taking into consideration:
a. Emergency and non-emergency requests for services.
b. Projected population growth.
c. Future service demand as it relates to increased density and congestion.
d. Analysis of future risk to service delivery.
e. Assessment of innovation opportunities to address risk and improve future service
capacities.
Fire Department Study
Finance Department
10000 N. El Mirage Rd.
El Mirage, Arizona 85335
Telephone: (623) 876-2953
INSTRUCTIONS AND SUBMITTAL
CONDITIONS
Page 7 of 22
The proposer shall provide the following to support study findings and recommendations:
a. Complete database with searchable fields to sort data, rank data and identify averages.
b. Explanation of the methodology used, data interpretation.
c. Complete set of GIS maps to support the study findings. The minimum map components
shall include:
• Base map
• Density Map
• ISO Engine coverage (current situation)
• ISO Truck coverage (current situation)
• ISO Engine/Truck (ideal coverage situation)
• Response times – station to on scene (current situation)
• Base map (ideal situation)
d. Complete set of any other documents, information, or data utilized to complete the study and
to obtain an accurate depiction of the current and future needs of the EMFD.
C. Study Conclusion
The report developed based on the findings of the study shall address specifically, but not be limited
to the following items:
1. Are the current EMFD staffing levels adequate to support the demand of current and future
emergency and non-emergency service level requests?
2. Are there any identifiable recommended changes that need to be made to enhance the efficiency
and safety of the current operations?
3. Identify future community development trigger points and EMFD operational requirements
which can be used to identify when fire service expansion should be considered. The
benchmarks should be related to physical and quantifiable observations, not timeframes.
4. Identify gaps in service delivery and recommend solutions for improved performance as related
to staffing, apparatus, and facility placement.
5. Recommend changes to maintain and increase service levels within the City of El Mirage.
6. Efficient and effective deployment alternatives for EMFD personnel, fire station placement and
apparatus to enhance service delivery with primary focus on the service levels within the City of
El Mirage and secondary focus on the Phoenix Automatic Aid System.
Fire Department Study
Finance Department
10000 N. El Mirage Rd.
El Mirage, Arizona 85335
Telephone: (623) 876-2953
INSTRUCTIONS AND SUBMITTAL
CONDITIONS
Page 8 of 22
7. Impacts of planned service expansion by neighboring communities on current and future EMFD
operations and strategic planning for possible future growth (i.e., new stations, enhanced
staffing, specialized apparatus and equipment).
4. SUBMITTAL DEADLINE
Proposals must be submitted in the form specified in this RFP. Submittal results will be posted online at
http://www.elmirageaz.gov/1681/Bid-and-Contract-Opportunities within a reasonable time after the
proposals have been evaluated. Proposals shall be received electronically by the City until XX:00
A.M. (Arizona time) on the XXX DAY OF XXXXXX, 2021. Late proposals will not be accepted.
Submittals are to be emailed to: vojeda@elmirageaz.gov, and the proposal included as an attachment.
Proposer assumes the burden of proper and timely delivery. The project title/description should be
included in the subject line of the email.
5. LATE SUBMITTALS
Late submittals will not be considered, except as provided by the City of El Mirage Procurement Code.
A proposer submitting a late proposal shall be so notified.
6. WITHDRAWAL OF SUBMITTAL
At any time prior to the specified due date and time, a submitter (or designated representative) may
withdraw the proposal.
7. EXCEPTIONS TO SPECIFICATIONS
Proposer must provide with the proposal as an attachment any and all exceptions to either the
specifications and/or the terms and conditions contained herein. Failure to note exceptions shall be
interpreted to convey the proposer agrees to perform in the manner described and/or specified in this
RFP. City's acceptance of proposer's offer shall be limited to the terms of this RFP unless expressly
agreed in writing by the City.
8. ADDENDA
Any change to the RFP shall be in the form of a numbered addendum issued by the Administration
Department. The addendum will be furnished to all who received the RFP. The City will not be
responsible for any oral or written instructions made by any employees, officers, contracted consultant
or agent of the City in regard to the RFP. The City will not be responsible for proposer adjusting their
offer based on oral or written instructions.
9. AWARD OF CONTRACT
a. Any resulting contract shall include all of the provisions listed in this RFP.
b. Notwithstanding any other provision of this RFP, the City expressly reserves the right to:
1. Waive any immaterial defect or informality: or
2. Reject any or all submittals, or portions thereof, or
Fire Department Study
Finance Department
10000 N. El Mirage Rd.
El Mirage, Arizona 85335
Telephone: (623) 876-2953
INSTRUCTIONS AND SUBMITTAL
CONDITIONS
Page 9 of 22
3. Reissue an RFP.
c. A response to an RFP is an offer to contract with the City based upon the terms, conditions and
specifications contained in the City’s RFP and the written amendments thereto. Proposals do not
become contracts unless and until accepted by the City and executed by the City Manager. All of
the terms and conditions of this RFP and its attachments shall be incorporated in the Contract,
unless any of the terms and conditions are modified by a solicitation amendment, a contract
amendment, or by mutually agreed upon terms and conditions in the final contract documents.
d. The successful proposer agrees to, upon written receipt of notification of award, execute a contract
and provide insurance and license documents, and any other required documentation within ten (10)
business days. Failure to do so shall be just cause for annulment of the award.
10. EVALUATION CRITERIA
Proposers are encouraged to keep their proposals brief and relevant to the specific work required. To be
considered for this contract, the information requested below is required in response to this Request for
Proposals. Proposals shall be no more than twenty (20) pages, including the cover letter, all
attachments, and any other information. Any additional pages shall be removed and discarded from the
back of the proposal and shall not be used in the evaluation process.
1. Qualifications and Expertise
The organization shall provide documentation of experience, expertise and knowledge in working
with and conducting evaluations on fire departments of the size, demographics, budget and call
volumes of the EMFD. It is important for the consultant to have a knowledgeable foundation on the
unique requirements and needs placed on a small full-time paid municipal department such as El
Mirage.
Proposer shall describe consulting experience for conducting fire station studies and data collection.
Relevant information shall include, but not be limited to the following:
a. Provide information about your firm including length of time organization has been in business,
number of employees, areas of specialty, relevant field experience in evaluating small municipal
full-time fire departments and any potential conflicts of interest.
b. Provide details regarding offerors experience in providing services as outlined in this
solicitation. Public sector experience required, prefer experience in evaluating small municipal
fire departments.
c. Identify and describe your organization’s experience with a minimum of three (3) similar
projects within the last five (5) years. Provide the clients’ contact name, and current contact
information, including phone numbers and email address.
d. Provide a list and explanation for any contract that was cancelled, revoked or renewed within
the past five (5) years. Include contact names and phone numbers.
Fire Department Study
Finance Department
10000 N. El Mirage Rd.
El Mirage, Arizona 85335
Telephone: (623) 876-2953
INSTRUCTIONS AND SUBMITTAL
CONDITIONS
Page 10 of 22
e. Describe any and all pending litigation involving the offeror and the resolution of any and all
litigation during the past five (5) years.
f. Provide resumes of key personnel who will be assigned to work on this study if successfully
awarded.
g. Provide at least three (3) professional references relevant to the services submitted in the
proposal. Please include the following information for each firm:
• Company Name
• Address
• Contact Name and Title
• Phone
• Email Address
• Description and Date of Services
2. Project Understanding and Proposed Methodology
a. Summarize organization’s understanding of the requested study.
b. Describe organization’s project management methods and how organization would propose to
coordinate projects with City staff.
c. Location of office performing services.
d. State experience in preparing report findings/recommendations for operational, data collection
and financial plans for Fire and EMS.
e. Provide a response to the following questions:
• Please address your experience in working with government entities in the US?
• Can you expand your experience in dealing with ‘automatic aid?’
• How does your firm plan on completing this project in on time?
• The City of El Mirage needs to have an initial evaluation of the location of the Fire Station,
located at 13601 North El Mirage Rd. El Mirage, AZ 85335. How fast could this be
accomplished?
3.
Price/Cost Consideration
Total cost of the EMFD Study, to include all requirements listed in this RFP shall be an all-
inclusive lump sum amount of all time and materials necessary to complete the desired services,
including any required travel expenses, per diem, etc. No additional charges, including travel and
other expenses will be allowed. Please submit the total project cost in the following format:
Fire Department Study
Finance Department
10000 N. El Mirage Rd.
El Mirage, Arizona 85335
Telephone: (623) 876-2953
INSTRUCTIONS AND SUBMITTAL
CONDITIONS
Page 11 of 22
Total Lump Sum Amount for El Mirage Fire Department 2021 Study:
{Insert Total Cost in Written Format } ${Insert Total Cost in Numeric Format}
4.
Proposal Evaluation – Proposals will be evaluated based on the following criteria:
% OF SCORING WEIGHT
EVALUATION CRITERIA
30%
Qualifications and Expertise
60%
Project Understanding and Proposed Methodology
10%
Price/Cost Consideration
Fire Department Study
Finance Department
10000 N. El Mirage Rd.
El Mirage, Arizona 85335
Telephone: (623) 876-2953
INSTRUCTIONS AND SUBMITTAL
CONDITIONS
Page 12 of 22
11. SUBMITTAL REQUIREMENTS
• Proposals must be submitted by XX:00 A.M. (Arizona time) on the XX DAY OF XXXXXX,
2021. Proposals are to be emailed to: vojeda@elmirageaz.gov.
• Send submittal as an attachment to an email.
• Include a 1-page cover letter prepared on the company’s letterhead, with the name and contact
information of the firm’s lead person and signed by an individual authorized to sign on behalf of the
company.
• Proposals shall be in an 8 ½” x 11” format with a total page count of not more than twenty (20)
pages (which includes the cover page). Each page with criteria information (including photos,
charts, and graphs) will be counted toward the maximum number of pages. All pages exceeding the
specified maximum page limit will be removed from the submittal and not considered in evaluating
a submission.
• Provide all information requested as described in this RFP.
12. INQUIRIES
Any questions related to the RFP shall be directed to the Finance Department. Questions should be
submitted in writing via email to vojeda@elmirageaz.gov. Any correspondence should refer to the
appropriate page and paragraph number. Questions may not be submitted after XXXX XX, 2021.
13. PROTEST OF AWARD
Any person who has an objection to the awarding of a contract by the City, pursuant to competitive
solicitation procedures, shall lodge that protest, in writing, with the Administration Director. The
protest should specifically identify the objection to the award, pursuant to the formal purchase
procedure. The protest must be submitted no later than seven (7) calendar days after the notice of intent
to award is issued.
14. VENDOR REGISTRATION
After the award of a contract, the successful submitter shall complete a Vendor Registration
Application and submit it to the City of El Mirage Administration Department.
STANDARD TERMS AND
CONDITIONS
Finance Department
10000 N. El Mirage Rd.
El Mirage, Arizona 85335
Telephone: (623) 876-2953
Page 13 of 22
The following terms and conditions shall be incorporated into any resulting contract:
1. DESCRIPTION, ACCEPTANCE, DOCUMENTATION
Consultant shall act under the authority and approval of the Contract Administrator for the City to
provide the Services required by this Contract. The Contract Administrator for the City shall be
{XXXXX XXXX, City of El Mirage (TITLE)}, or designee. The Contract Administrator shall oversee
the execution of this Contract, assist the Consultant in accessing the organization, audit billings, and
approve payments. The Consultant shall channel reports and special requests through the Contract
Administrator. City reserves the right to change the Contract Administrator for the City without prior
approval of the Consultant.
2. SERVICE DESCRIPTION
Consultant shall provide the Services described in Exhibit “A.” All work will be reviewed, evaluated,
approved, and monitored by the Contract Administrator to determine acceptable completion. Review
and approval by the Contract Administrator shall not relieve Consultant of any liability for improper,
negligent or inadequate services rendered pursuant to this Contract. Consultant shall provide all work
necessary to assure the Services are completed in a timely and efficient manner consistent with service
requirements, including, but not limited to, working in close interaction with, and interfacing with,
City and its designated employees, and working closely with others, including other consultants or
contractors retained by City.
3. DOCUMENTATION AND DATA
All documents, including but not limited to, data compilations, studies, and reports which are prepared
in the performance of this Contract are to be, and remain the property of, the City and are to be
delivered to the Contract Administrator before final payment is made to the Consultant.
4. FEE SCHEDULE, RECORDS, AUDIT RIGHTS
The fee Consultant shall be paid for all Services provided pursuant to the terms of this Contract,
inclusive of all expenses under this Contract, shall not exceed ________________________________
($_______).
The Contract Administrator reserves the exclusive right to determine the amount of work performed
and payment due the Consultant on a monthly basis. Consultant shall maintain all books, paper
documents, accounting records and other evidence pertaining to such monthly billings and shall make
such materials available at all reasonable times to the Contract Administrator. Monthly billings shall be
accompanied by such documentation as the Contract Administrator may require to make a
determination of work performed and payment due.
STANDARD TERMS AND
CONDITIONS
Finance Department
10000 N. El Mirage Rd.
El Mirage, Arizona 85335
Telephone: (623) 876-2953
Page 14 of 22
Consultant’s records (hard copy, as well as computer readable data) and any other supporting evidence
deemed necessary by the City to substantiate charges and claims related to this Contract shall be open
to inspection and subject to audit and/or reproduction by City’s authorized representative to the extent
necessary to adequately permit evaluation and verification of cost of the work, and any invoices, change
orders, payments or claims submitted by the Consultant or any of its payees pursuant to the execution
of the Contract. The City’s authorized representative shall be afforded access, at reasonable times and
places, to all of the Consultant’s records and personnel pursuant to the provisions of this article
throughout the term of this Contract and for a period of three years after last or final payment.
Consultant shall require all subconsultants, insurance agents and material suppliers (payees) to comply
with the provisions of this article by insertion of the requirements hereof in a written contract
agreement between Consultant and payee. Such requirements will also apply to any and all
subconsultants.
If any audit in accordance with this article discloses overcharges of any nature by the Consultant to the
City in excess of one percent (1%) of the total contract billings, the actual cost of the City’s audit shall
be reimbursed to the City by the Consultant. Any adjustments and/or payments which must be made as
a result of any such audit or inspection of the Consultant’s invoices and/or records shall be made within
a reasonable amount of time (not to exceed 90 days) from presentation of City’s findings to Consultant.
5. ADDITIONAL SERVICES; PRICE ADJUSTMENT
The total Scope of Work to be performed by Consultant in accordance with this Contract is set forth
herein and in Exhibit “A.” Services not included in this Contract, including Exhibit “A,” will be
considered Additional Services. Consultant shall not perform any Additional Services without written
authorization from the City. It shall be presumed that all Services performed/provided by Consultant
were included in the Contract and contemplated by Consultant as being part of the original Scope of
Work and the fees set forth herein, unless such Services have been separately approved by the City, in
writing, as Additional Services. Consultant shall not be paid for any Additional Services that are not
authorized by the City in writing.
6. OWNERSHIP
Upon receipt of payment for Services, Consultant grants to City, and shall cause its subconsultants to
grant to City, the exclusive ownership of any and all copyrights, if any, to evaluations, reports, data,
reviews, minutes, and other intellectual work product as may be applicable (“Work Product”). This
grant is effective whether the Work Product is on paper (e.g., a “hard copy”), in electronic format, or in
some other form. Consultant warrants, and agrees to indemnify, hold harmless and defend City for,
from and against any claim that any Work Product infringes on third-party proprietary interests. City
may reuse the Work Product at its sole discretion. In the event the Work Product is used for another
project without further consultations with Consultant, the City agrees to indemnify and hold Consultant
harmless from any claim arising out of the Work Product. In such case, City will also remove any title
block from the Work Product.
STANDARD TERMS AND
CONDITIONS
Finance Department
10000 N. El Mirage Rd.
El Mirage, Arizona 85335
Telephone: (623) 876-2953
Page 15 of 22
7. CONTRACT TERM
This Contract shall be in full force and effect only when approved and signed by City’s City Manager
as attested by the City Clerk. This Contract shall begin on the contract effective date and shall be in
effect for one (1) year from the contract effective date.
8. TERMINATION
Termination for Cause
The City has the right to terminate this Contract for cause in the event the Consultant materially
breaches any provision of this Contract or portion of the Services and fails to remedy the breach within
five (5) business days of notification of the breach, if the breach is remedial. If Consultant fails to
remedy the breach or if the breach is not remedial, City may terminate this Contract for cause
immediately upon written notice to Consultant. In the even the City terminates this Contract or any part
of the Services as herein provided pursuant to this Section 8, the City shall notify the Consultant in
writing, and immediately upon receipt of such notice, the Consultant shall discontinue all work under
this Contract.
Upon termination for cause, Consultant shall immediately deliver to the City all research, data, studies,
reports, and any and all other documents or work product generated by the Consultant under the
Contract, together with all unused material supplied by the City. Consultant shall be responsible only
for such portion of the work which has been completed and accepted by the City. Use of incomplete
data by the City shall be the City’s sole responsibility.
In the event of termination for cause, Consultant shall only be compensated a portion of the agreed
upon fee for such portion of the work that City agrees, in its sole discretion to accept. City shall have no
obligation to accept any portion of Consultant’s work if the contract is terminated for cause, and shall
have no obligation to pay Consultant for any portion of the work, if any, not accepted by City.
If the Consultant materially fails to fulfill in a timely and proper manner its obligations under this
Contract, or if the Consultant violates any of the covenants, agreements, or stipulations of this Contract,
the City may withhold from payment due to the Consultant such amounts as are necessary to protect the
City’s position for the purpose of set-off until such time as the exact amount of damages can be
determined.
Termination for Convenience
The City has the right to terminate this Contract for convenience or to abandon any portion of the work
for which Services have not been performed by the Consultant. In the event the City terminates this
Contract or any part of the Services as herein provided pursuant to this Section 8, the City shall notify
STANDARD TERMS AND
CONDITIONS
Finance Department
10000 N. El Mirage Rd.
El Mirage, Arizona 85335
Telephone: (623) 876-2953
Page 16 of 22
the Consultant in writing, and immediately upon receipt of such notice, the Consultant shall discontinue
all work under this Contract.
Upon such termination for convenience or abandonment, the Consultant shall immediately deliver to
the City all research, data, studies, reports, and any and all other documents or work product generated
by the Consultant under the Contract, together with all unused material supplied by the City. Consultant
shall be responsible only for such portion of the work which had been completed and accepted by the
City. Use of incomplete data by the City shall be the City’s sole responsibility.
The Consultant shall receive as compensation in full for Services performed to the date of such
termination or abandonment, a fee for the Services actually completed and accepted by the City. This
fee shall be in an amount to be mutually agreed upon by the Consultant and the City, based upon the
scope of work set forth in Exhibit “A.” If mutual agreement cannot be reached after reasonable
negotiation, the Contract Administrator shall determine the percentage of satisfactory completion of
work and the amount of compensation Consultant is entitled to for such work and the Contract
Administrator’s determination in this regard shall be final.
9. FUNDS APPROPRIATION
If the City Council does not appropriate funds to continue this Contract and pay for charges hereunder,
the City may terminate this Contract at the end of the current fiscal period. The City agrees to give
written notice, pursuant to Section 8, Termination, of this Contract to the Consultant at least thirty (30)
days prior to the end of its current fiscal period and will pay to the Consultant all approved charges
incurred through the end of such period.
The City’s fiscal year begins July 1st and ends June 30th each calendar year. The City may make
payment for Services rendered or costs encumbered only during a fiscal year and for a period of sixty
(60) days immediately following the close of the fiscal year, under the provisions of Arizona Revised
Statutes § 42-17108. Therefore, Consultant must submit billings for Services performed or costs
incurred prior to the close of a fiscal year within forty-five (45) days to allow payment within this
period.
10. ENTIRE AGREEMENT
This Contract constitutes the entire understanding of the parties and supersedes all previous
representations, written or oral, with respect to the Services specified herein. This Contract may not be
modified or amended except by a written document signed by authorized representatives of each party.
11. ARIZONA LAW
This Contract shall be governed and interpreted according to the laws of the State of Arizona. Any
action brought to interpret or enforce any provision of this Contract that cannot be administratively
resolved, or otherwise related to or arising from this Contract, shall be commenced and maintained in
STANDARD TERMS AND
CONDITIONS
Finance Department
10000 N. El Mirage Rd.
El Mirage, Arizona 85335
Telephone: (623) 876-2953
Page 17 of 22
the state or federal courts of the State of Arizona, Maricopa County, and each of the parties, to the
extent permitted by law, consents to jurisdiction and venue in such courts for such purposes.
12. COMPLIANCE WITH LAWS
Consultant shall comply with all existing and subsequently enacted federal, state and local laws,
ordinances, codes, and regulations that are, or become applicable to this Contract. If a subsequently
enacted law imposes substantial additional costs on Consultant, a request for an amendment may be
submitted pursuant to this Contract.
13. MODIFICATIONS
Any amendment, modification or variation from the terms of this Contract shall be in writing and shall
be effective only after approval of all parties signing the original Contract.
14. ASSIGNMENT
Services covered under this Contract shall not be assigned or sublet in whole or in part without the prior
written consent of the Administration Director and Contract Administrator.
15. SUCCESSORS AND ASSIGNS
This Contract shall extend to and be binding upon Consultant, its successors and assigns, including any
individual, company, partnership or other entity with or into which Consultant shall merge, consolidate
or be liquidated, or any person, corporation, partnership or other entity to which Consultant shall sell its
assets.
16. ATTORNEY’S FEES
In the event either party brings any action for any relief, declaratory or otherwise, arising out of this
Contract, or on account of any breach or default hereof, the prevailing party may be entitled to receive
from the other party reasonable attorneys’ fees and reasonable costs and expenses determined by the
court sitting without a jury or arbitration board, which shall be deemed to have accrued on the
commencement of such action and shall be enforceable whether or not such action is prosecuted to
judgment or by arbitration award.
17. INDEPENDENT CONTRACTOR
The Services Consultant provides under the terms of this Contract to the City are that of an Independent
Contractor, not an employee or agent of the City. The City will report the value paid for these Services
each year to the Internal Revenue Service (I.R.S.) using form 1099.
City shall not withhold income tax as a deduction from contractual payments. As a result of this,
Consultant may be subject to I.R.S. provisions for payment of estimated income tax. Consultant is
responsible for consulting the local I.R.S. office for current information on estimated tax requirements.
Consultant will not be entitled to any benefits provided by City to its employees, including, but not
STANDARD TERMS AND
CONDITIONS
Finance Department
10000 N. El Mirage Rd.
El Mirage, Arizona 85335
Telephone: (623) 876-2953
Page 18 of 22
limited to, health benefits, workers’ compensation, unemployment coverage, deferred compensation,
and all other typical employee benefits.
18. CONFLICT OF INTEREST
This Contract is subject to cancellation pursuant to A.R. S. § 38-511.
19. NOTICES
All notices or demands required to be given pursuant to the terms of this Contract shall be given to the
other party in writing, delivered by hand or registered or certified mail, at the addresses set forth below,
or to such other address as the parties may substitute by written notice given in the manner prescribed
in this paragraph.
In the case of Consultant:
________________________
Attn: ___________________
_______________________
______________, Arizona ______
In the case of City:
City of El Mirage
Attn: City Manager
10000 North El Mirage Road
El Mirage, Arizona 85335
With a copy to:
City of El Mirage
City Attorney
10000 North El Mirage Road
El Mirage, Arizona 85335
Notices shall be deemed received on date delivered, if delivered by hand, and on the delivery date
indicated on receipt if delivered by certified or registered mail.
20. FORCE MAJEURE
Neither party shall be responsible for delays or failures in performance resulting from acts beyond their
control. Such acts shall include, but not be limited to, acts of God, riots, acts of war, epidemics,
governmental regulations imposed after the fact, fire, communication line failures, power failures, or
earthquakes.
STANDARD TERMS AND
CONDITIONS
Finance Department
10000 N. El Mirage Rd.
El Mirage, Arizona 85335
Telephone: (623) 876-2953
Page 19 of 22
21. TAXES
Consultant shall be solely responsible for any and all tax obligations which may result out of the
Consultant’s performance of this Contract. The City shall have no obligation to pay any amounts for
taxes of any type incurred by the Consultant.
22. ADVERTISING AND PROMOTION
Consultant shall not publish, release, disclose or announce to any member of the public, press, official
body, or any other third party: (1) any information concerning this Contract, the Services, or any part
thereof; or (2) any documentation or the contents thereof, without the prior written consent of the City,
except as required by law or judicial or regulatory process. The name of any site on which Services are
performed shall not be used in any advertising or other promotional context by Consultant without the
prior written consent of the City.
23. COUNTERPARTS
This Contract may be executed in one or more counterparts, and each originally executed duplicate
counterpart of this Contract shall be deemed to possess the full force and effect of the original.
24. CAPTIONS
The captions used in this Contract are solely for the convenience of the parties, do not constitute a part
of this Contract and are not to be used to construe or interpret this Contract.
25. SUBCONSULTANTS
During the performance of the Contract, the Consultant may engage such additional subconsultants as
may be required for the timely completion of this Contract. The addition of any subconsultants shall be
subject to the prior approval of the City.
In the event of subcontracting, the sole responsibility for fulfillment of all terms and conditions of this
Contract rests with the Consultant.
26. INDEMNIFICATION
The Consultant agrees, to the fullest extent permitted by law, to indemnify and hold harmless the City,
its officers, directors and employees (collectively, City) against all damages, liabilities or costs,
including reasonable attorneys’ fees and defense costs, to the extend caused by the Consultant’s
negligent performance of professional services under this Contract and that of its subcontractors or
anyone for whom the Consultant is legally liable.
The City agrees, to the fullest extent permitted by law, to indemnify and hold harmless the Consultant,
its officers, directors, employees and subcontractors (collectively, Consultant) against all damages,
liabilities or costs, including reasonable attorney’s fees and defense costs, to the extent caused by the
STANDARD TERMS AND
CONDITIONS
Finance Department
10000 N. El Mirage Rd.
El Mirage, Arizona 85335
Telephone: (623) 876-2953
Page 20 of 22
City’s negligent acts in connection with the Services and the acts of its contractors, subcontractors or
consultants or anyone for whom the City is legally liable.
Neither the City nor the Consultant shall be obligated to indemnify the other party in any manner
whatsoever for the other party’s own negligence or for the negligence of others.
27. INSURANCE
The Consultant shall secure and maintain at all times that this Contract is in effect, insurance coverage
which shall include statutory workers’ compensation, comprehensive general and automobile liability,
owner’s and Consultant’s protective liability insurance and errors and omissions professional liability.
The comprehensive general and automobile liability limits shall be no less than one million dollars
($1,000,000) combined single limit. The owner’s and Consultant’s protective liability limits shall be no
less than one million dollars ($1,000,000) for each occurrence and one million dollars ($1,000,000)
policy aggregate naming the City as an additional insured. The minimum amounts of coverage for
Consultant’s professional liability shall be one million dollars ($1,000,000). In other than errors and
omissions professional liability, City’s and Consultant’s protective liability and worker’s compensation,
the City of El Mirage shall be named as an additional insured.
All insurance coverage shall be written through a carrier licensed in Arizona, or an approved non-
admitted list of carriers published by the Arizona Department of Insurance, and possessing an A.M.
Best rating of at least A- or above with policies and forms satisfactory to the City.
The Consultant shall submit to the City a certificate of insurance evidencing the coverage and limits
stated in the foregoing paragraph within ten (10) days of award of this Contract. City shall not issue a
“Notice to Proceed” until after Consultant has submitted the certificate of insurance to City. Insurance
evidenced by the certificate shall not expire or be canceled or materially changed without thirty (30)
days prior written notice to the City, and a statement to that effect must appear on the face of the
certificate and the certificate shall be signed by a person authorized to bind the insurer.
The insurance policies, except Workers’ Compensation required by this Contract, shall name the City,
its agents, representatives, officers, directors, officials and employees as Additional Insureds.
28. FEDERAL AND STATE EMPLOYMENT IMMIGRATION LAWS
To the extent applicable under A.R.S. § 41-4401, Consultant warrants its and its subconsultants’
compliance with all federal immigration laws and regulations that relate to their compliance with the E-
verify requirements under A.R.A. § 23-214(A). Consultant’s or its subconsultants’ breach of the above-
mentioned warranty shall be deemed a material breach of the Contract and may result in the termination
of the Contract by the City. The City retains the legal right to randomly inspect the papers and records
of Consultant and its subconsultants to ensure that the Consultant and its subconsultants are complying
with the above-mentioned warranty.
STANDARD TERMS AND
CONDITIONS
Finance Department
10000 N. El Mirage Rd.
El Mirage, Arizona 85335
Telephone: (623) 876-2953
Page 21 of 22
The Consultant warrants to keep the papers and records open for random inspection during normal
business hours by the City. The Consultant shall cooperate with the City’s random inspections
including granting the City entry rights to Consultant’s property to perform the random inspections and
waiving its right to keep such papers and records confidential. The failure of Consultant to comply with
this warranty regarding the keeping of papers and records and cooperating with City’s random
inspections shall constitute a material breach of the Contract and the City will have the right to
immediately terminate the Contract.
29. BOYCOTT OF ISRAEL
Consultant certifies that it is not currently engaged in and agrees for the duration of this Contract that it
will not engage in a boycott of Israel as set forth in A.R.S. §§ 35-393 and 35-393.01.
30. SEVERABILITY
If any term or provision of this Contract shall be found to be illegal or unenforceable, then
notwithstanding such illegality or unenforceability, this Contract shall remain in full force and effect
and such term or provision shall be deemed to be deleted.
STANDARD TERMS AND
CONDITIONS
Finance Department
10000 N. El Mirage Rd.
El Mirage, Arizona 85335
Telephone: (623) 876-2953
Page 22 of 22
EXHIBIT “A”
{Consultant’s submittal to be attached}