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LINKING AGREEMENT
BETWEEN
THE CITY OF GLENDALE, ARIZONA
AND
STAFFING SPECIALISTS NV, LLC
THIS LINKING AGREEMENT (this “Agreement”) is entered into as of this day of
, 2022, between the City of Glendale, an Arizona municipal corporation (the “City”), and
Staffing Specialists NV, LLC, a(n) Arizona limited liability authorized to do business in Arizona
(“Contractor”), collectively, the “Patties.”
RECITALS
On August 17, 2021, under S.A.V.E Cooperative Purchasing Agreement, the City of Tempe
entered into a contract with Contractor to purchase the goods and services described in the
CDL Drivers Contract, Contract No. T22-032-01 (“Cooperative Purchasing Agreement”),
which is attached hereto as Exhibit A. The Cooperative Purchasing Agreement permits its
cooperative use by other governmental agencies including the City.
Section 2-149 of the City’s Procurement Code permits the Materials Manager to procure goods
and services by participating with other governmental units in cooperative purchasing
agreements when the best interests of the City would be served.
Section 2-149 also provides that the Materials Manager may enter into such cooperative
agreements without meeting the formal or informal solicitation and bid requirements of
Glendale City Code Sections 2-145 and 2-146.
The City desires to contract with Contractor for supplies or services identical, or nearly
identical, to the supplies or services Contractor is providing other units of government under
the Cooperative Purchasing Agreement. Contractor consents to the City’s utilization of the
Cooperative Purchasing Agreement as the basis of this Agreement, and Contractor desires to
enter into this Agreement to provide the supplies and services set forth in this Agreement.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated by reference,
and the covenants and promises contained in this Linking Agreement, the patties agree as follows:
1.
Term of Agreement. The City is purchasing supplies and/or services from Contractor
pursuant to the Cooperative Purchasing Agreement. According to the Cooperative
Purchasing Agreement, purchases can be made by governmental entities from the date of
award, which was August 17, 2021, until the date the contract expires on August 16, 2023
unless the term of the Cooperative Purchasing Agreement is extended by the mutual
agreement of the original contracting parties. The Cooperative Purchasing Agreement,
however, may not be extended beyond August 16, 2027. The initial period of this Agreement,
therefore, is the period from the Effective Date of this Agreement until August 16, 2023. The
City may renew the term of this Agreement for four (4) one-year periods if the Cooperative
1/2/2020
Purchasing Agreement is likewise extended. Glendale renewals are not automatic and shall
only occur if the City gives the Contractor notice of its intent to renew this Agreement at least
30 days prior to the anniversary of the Effective Date to effectuate such renewal.
Scope of Work; Terms, Conditions, and Specifications.
A. Contractor shall provide City the supplies and/or services identified in the Scope of
Work attached as Exhibit B.
B. Contractor agrees to comply with all the terms, conditions and specifications of the
Cooperative Purchasing Agreement. Such terms, conditions and specifications are
specifically incorporated into and are an enforceable part of this Agreement.
Compensation.
A. City shall pay Contractot compensation at the same rate and on the same schedule as
provided in the Cooperative Purchasing Agreement, which is attached hereto as
Exhibit C.
B. The total purchase price for the supplies and/or services purchased under this
Agreement shall not exceed three hundred thousand dollars ($300,000) annually or
one million five hundred thousand dollars ($1,500,000) for the entire term of the
Agreement (initial term plus any renewals).
Cancellation. This Agreement may be cancelled pursuant to A.R.S. § 38-511.
Non-disctimination. Contractor must not discriminate against any employee or applicant for
employment on the basis of race, color, religion, sex, national origin, age, marital status, sexual
orientation, gender identity or expression, genetic characteristics, familial status, U.S. military
veteran status or any disability. Contractor will require any Sub-contractor to be bound to the
same requirements as stated within this section. Contractor, and on behalf of any
subcontractors, warrants compliance with this section.
Insurance Certificate. A certificate of insurance applying to this Agreement must be ptovided
to the City prior to the Effective Date.
E-verify. Contractor complies with A.R.S. § 23-214 and agrees to comply with the
requirements of A.R.S. § 41-4401.
No Boycott of Israel. To the extent A.R.S § 35-393 through § 35-393.03 ate applicable, the
parties hereby certify that they are not currently engaged in, and agree for the duration of the
Agreement to not engage in, a boycott of goods or services from Israel, as that term is defined
in A.R.S § 35-393.
Attestation of PCI Compliance. When applicable, the Contractor will provide the City
annually with a Payment Card Industry Data Security Standard (PCI DSS) attestation of
compliance certificate signed by an officer of Contractor with oversight responsibility.
4/29/2021
10. Notices. Any notices that must be provided under this A greement shall be sent to the Parties’
respective authorized representatives at the addtess listed below:
City of Glendale
c/o Scott Givaudan
6210 W. Myrtle Avenue, Suite #111
Glendale, Atizona 85301
And
Staffing Specialists NV, LLC
4205 N. 7° Avenue, Suite 204
Phoenix, Arizona 85013
karina@azstaffing.com
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year
set forth above.
“City” “Contractor”
City of Glendale, an Arizona Staffing Specias
municipal corporation an Arizona }j
By: : Jf bach Hebei fe
Kevin R. Phelps
City Manager
ATTEST:
Julie K. Bower (SEAL)
City Clerk
APPROVED AS TO FORM:
Michael D. Bailey |
City Attorney
4/29/2021
LINKING AGREEMENT
BETWEEN
THE CITY OF GLENDALE, ARIZONA
AND
STAFFING SPECIALISTS NV, LLC
EXHIBIT A
(CITY OF TEMPE CONTRACT NO. T22-032-01
CDL DRIVERS)
4/29/2021
“Return this Section with your Response”
Offeror must complete, sign and submit this form to the 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. A scanned copy of this page is acceptable.
Company Name: Staffing Specialists NV, LLC
Company Purchase Order Mailing Address:
Street Address: _ 4205 N. 7" Ave Suite 204
City, State, Zip: Phoenix, AZ 85013
Contact Person: _ Karina Acosta-Sadler Phone Number: 602-277-5000
E-mail Address: _karina@azstaffing.com Cell Number: 602-503-5302
Remit to Information
Staffing Specialist NV, LLC
Company Name {as it appears on invoice):
Company Payment Remit to Address: Staffing Specialists NV, LLC
Street Address: 4205 N. 7" Ave Suite 204
City, State, Zip: Phoenix, AZ 85013
Company Tax information
NA
Ifa Tempe-based firm, provide Tempe Transaction Privilege (Sales) Tax No.: _
Payment Options
Will your company accept the City’s Master Card for payment? Yes No |x
Will your company accept Payment via ACH (Automated Clearing House) for payment? Yes x} No
THIS PROPOSAL IS OFFERED BY
REQUIRED SIGNATURE OF AUTHORIZED OFFEROR
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 retysathis form with proposal response will be considered nonresponsive and rejected.
S-/S7 2208/7
ignature of Authorized Offer Date ;
LANDA S&S. IAEA eG M8 pep TL LEO
{ Print or Type Name of Authorized Individual Title of Authorized individuél
RFP# 22-032 CDL DRIVERS 28 | Page
_ Proposal Questionnaire
“Return this Section with your Response”
d | Skid steer loader
7
10 | Do you understand the requirement for the driver
to also perform non driving duties associated with
refuse collection as outlined in this RFP?
Yes, we do. Our drivers understand they will be expected
to perform duties not related to driving but associated with
the collection of refuse, such as , manual clean-up of
materials in alleys driveways and streets.
a| Wilt your drivers comply with _ this
requirement?
Yes
11 | Can you provide evidence of Drug and Alcohol
testing if required?
Yes, if required, we can provide evidence of Drug and
alcohol testing.
12 | What protection does your insurance policy afford
the City should your driver be involved in an
accident or cause damage to property?
Our insurance coverage inctudes:
Commercial General Liability, Worker's Compensation and
Automobile Liability, as well as Additional Insured.
13 | Do you agree to the Terms and Conditions of this
RFP?
Yes
a_| If No, explain to right
14; List three (3) governmental or
services.
e Organization/Firm Name
« Contact Name
« Phone Number
corporate |:
references for which you currently provide similar |:
‘Paul Montes
15 | What is your workers compensation E-Mod 2.3
rating for the most recent two (2) years?
16 | Describe how your firm mitigates risk associated |Our company mitigates tisk associated with the
with the performance of this contract. performance of this contract as follows:
Workers Compensation Risk Management Program
See attachment
25 | Page
RFP# 22-032 CDL DRIVERS
“Return this Section with your Response”
Billable Hourly Wage Paid to
Description Rate Driver
Regular Time ~ 0 to 6 months experience in refuse service $28.03 $19.00
Regular Time — 7 to 12 months experience in refuse service | $29.51 $20.00
Regular Time — 13 months or more in refuse service $30.98 $21.00
What is your overtime rate (eg 1.5x regular rate) 1.5
| Question Response _
State your policy for regular time 40 hours
State your policy for overtime Over 40 hours
* Applicable Tax__0 %
* State correct jurisdiction to receive sales tax on the Vendor's Offer, included in this Request for Proposal.
Less prompt payments discount terms of 0 % 30 days/ or net thirty (30) days. (To apply after receipt and acceptance
of an itemized monthly statement.) For evaluation purposes, the City cannot utilize pricing discounts based upon
payments being made in less than thirty (30) days from receipt of statement.
Ordering and Invoice Instructions
Invoices shall be issued directly to the ordering department. Invoices shall be accurate and complete including the
information shown below. Failure to provide a properly documented invoice may cause a delay in receipt of payment.
The City will not process an invoice for payment until it has been approved by the ordering department and forwarded to
Accounts Payable. The City endeavors to process invoices within 30 days after receipt of an accurate and complete
document.
Invoices shall include:
Line item listing of all ordered items to include description of items;
Unit cost and extended cost for each line item;
Applicable Tax;
Payment Terms;
Purchase Order Number;
Name of selling organization clearly stated on invoice along with address;
Phone number and or e-mail address for contact person to clarify invoicing questions;
NOORWN >
Invoices that do not follow the above minimum invoicing requirements will not be paid. Payment must be applied to only
invoices referenced on check/payment stub. The City reserves the right to process payments via check or P-Card.
Letters A-—H and Numbers
Letters |-Z
General AP Inquiries and AP Checks
Yesenia Loredo-Flores
Carlene Foster
Scott Gruber
Accounting Contacts:
REP# 22-032 CDL DRIVERS 27 | Page
COMPLIANCE WITH CITY’S ANTIDISCRIMINATION
ORDINANCE NO. 02016.25
The Tempe City Council approved Ordinance No. 02016.25 that requires vendors who are being recommended for
award to provide evidence of their compliance with the City's antidiscrimination policy as shown below:
Sec. 2-601. Policy.
It is declared to be the policy for the citizens of Tempe, Arizona, to be free from discrimination in public
accommodations, employment, and housing, and contrary to public policy and unlawful to discriminate against any
person on the basis of race, color, gender, gender identify, sexual orientation, religion, national origin, familial status,
age, disability, or United States military veteran status, in places of public accommodation, employment, and
housing; and contrary to the policy of the cily and unlawful for vendors and contractors doing business with the city
to discriminate, as set forth in this article.
Sec. 2-603. Unlawful Practices.
The following shall constitute a violation of this article:
For a city vendor or city contractor, because of race, color, gender, gender identify, 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 or employment. City vendors and contractors of fifteen (15) or more employees shall provide a copy of
its antidiscrimination policy to the Procurement Officer to confirm compliance with this article. Employers having
fourteen (14) or less employees may attest in writing to compliance with this article.
Vendor Requirements
Vendors who have fifteen (15) or more employees shall include with their bid/proposal submittal a copy of its
antidiscrimination policy that must mirror the City's policy as stated above. Suppliers who have fourteen (14) or less
employees may include their antidiscrimination policy or complete a written affidavit of compliance per the attached.
To becompleted by responding company and returned with submittal:
U/ Our company has 15 or more employees and has included its antidiscrimination policy that mirrors the
City’s policy;
Our company has fourteen (14) or less employees and is attaching the signed AFFIDAVIT OF
COMPLIANCE WITH TEMPE CITY CODE CHAPTER 2 ARTICLE Vill SECTION 2-603(5).
Please include this document along with the company's antidiscrimination policy or the completed affidavit with offer
submittal
RFP# 22-032 CDL DRIVERS
29 | Page
The City of Tempe is strongly committed to sustainable practices and programs that help build a vibrant and resilient
community. The City accomplishes this through a variety of innovative programs, including water and energy conservation,
recycling, composting, alternative transportation, sustainable business practices and environmental stewardship. Tempe
recently established its 2019 Climate Action Plan (CAP) that provides a guideline for how the City will take local action on
global climate change by reducing its greenhouse gas (GHG) emissions and adapting to the changing climate. The Climate
Action Plan serves as a guideline for the City's path toward a sustainable and resilient future that will benefit the entire City.
The City has strengthened its commitment to sustainability by adopting a new carbon neutrality goal by 2050 and a strategy
of sourcing 100 percent of its electricity from renewable sources by 2035. To learn more about the City’s commitment to
sustainability, please visit https://www.tempe. gov/government/sustainable-tempe.
To further this commitment, the City has developed a Sustainable Procurement Policy that provides specific guidelines for
how these important sustainable practices and programs will be reflected in contract award decisions. By partnering with
companies who share these sustainability goals, the City will be able to significantly enhance sustainable outcomes.
To support these efforts, the following Supplier Sustainability Questionnaire has been developed that will allow the City to
better understand your company’s efforts and commitments regarding sustainable practices and initiatives. This
questionnaire has two sections ~ a section to understand what your company is doing regarding sustainable actions and a
section to understand the specific sustainable attributes of the product or service that you are offering.
Item | Question - rr Response
Corporate Sustainable Actions
1. | What sustainability guidelines or environmental statement does
your company have to guide the company as a whole? Please NA
include a link.
2. | What is your company doing to be more energy efficient? NA
3. | What is your company doing to reduce greenhouse gas
emissions? NA
What is your company doing to reduce waste transferred to
landfills? NA
5. | Whatis your company doing to reduce water waste? NA
6. | What kind of effort does your company make to reduce the use of
environmentally harmful materials (such as cleaning products, NA
etc.)?
7, | Does your company take any actions to manage the sustainability
of your supply chain? If yes, please explain. NA
8. | Has your company received any environmental or sustainability
related independent certifications or recognitions? If yes, please | NA
explain.
RFP# 22-032 CDL DRIVERS 31 | Page
Item | Question Response
Product Sustainable Attributes
1. | Has your company performed an environmental life cycle analysis
on the product being offered the City? if yes, please provide NA
documentation
Can the product being offered be refurbished, recycled, or
composted at the end of its life? If yes, please elaborate NA
3. | Does the product being offered include any recycled materials? If
yes, please explain. NA
4. | What measures have been taken to reduce unnecessary
packaging materials associated with the product being offered? NA
What kind of reusable, recyclable, and/or compostable packaging
5. | materials does your company use? NA
6. | Has the product being offered been rated or certified by a third-
party organization such as Energy Star, Green Seal, Leadership
in Energy and Environmental Design (LEED), Forest NA
Stewardship Council, etc.? If yes, please provide certification
documentation.
7. Please provide any additional information you would like to share
regarding your product's sustainable attributes. NA
Please find some helpful links below that will provide additional information, tools and resources regarding
sustainabie practices:
Greenhouse Gas Calculators:
Sustainable Packaging:
https:/Awww, epa.gov/smm/sustainable-packaging
hittps:/Avww.epa.gov/facts-and-figures-about-materials-waste-and-recycling/containers-and-packaging-product-specific-
data
Cleaning Products:
https:/Avww.epa.gov/saferchoice
Tool to Measure and Track your Waste and Recycling:
http://www.epa. gov/smm/wastewise/measure-progress.htm
Water Conservation:
http:/Avater.epa.gov/polwaste/nps/chap3.cfm
RFP# 22-032 CDL DRIVERS 32 | Page
Contract Modification Notice Financial Services
Procurement Office
20 E. 6" Street
Tempe, AZ 85281
Issue Date: 01/20/2022
Description: CDL Drive:
86093 Effective Date
Staffing Specialists NV, LLC. Beginning: 01/20/2022
Karina Acosta-Sadler
4205 N 7* Ave Ste 204
Phoenix, AZ 85013
Office: 602.277.5000
Cell Phone: 602.503.5302
Email: karina@azstaffing.com
This Contract Modification is being issued to formally document a change related to the above referenced contract. It shall
remain in effect through the current expiration date unless extended or canceled per terms and conditions of the above
referenced contract.
Award Information WAS
Item | Description eaene deus
01 Regular Time — 0 to 6 months in refuse service ($19.00 paid to driver) $28.03 ]
02 Regular Time - 7 to 12 months in refuse service ($20.00 paid to driver) $29.51
03 Regular Time - 13 months or more in refuse service ($21.00 paid to driver) $30.98
04 | Overtime rate 1.5
05 Regular time up to 40 hours / Overtime anything over 40 hours
Contract Information NOW
Description nage a to aoe talon
01 _{ Regular Time - 0 to 6 months in refuse service $28.03-$30.98 $19.00-$21.00
02 Regular Time ~ 7 to 12 months in refuse service $32.46-$33.93 $22.00-$23.00
03 Regular Time - 13 months or more in refuse service $35.41-$36.88 $24.00-$25.00
04 | Overtime rate 1.5
05 Regular time up to 40 hours / Overtime anything over 40 hours
All drivers will be hired at the minimum Billable Rate to Tempe and minimum Hourly Pay Rate to the Employee; based on their
respective level of experience.
Pay to the employee may be increased to any amount up to and including the top amount in the table above. Authorization for
pay increases must be requested via email from any of the following Tempe Staff: Stephen White, Cassandra Mac, or Aaron
Rebmann. Staffing Specialist NV, LLC will retain all requests from Tempe for audit purposes. All other terms and conditions not
specifically mentioned in this modification remain unchanged.
Contract Medification Notice page 2 Financial Senicos
Procurement Office
20 E. 6" Street |
Tempe, AZ 85281
Tempe.
‘eldog wives in He Gn oti
Contract Number: 1T22-032-01 Issue Date: 01/20/2022
Description: CDL Drivers
City of Tempe Contract Modification Acceptance
[-2o-Z2 bh ue !-Blo-2
Date reene, C.P.M., CPPO Date
Procurement Administrator
Eric Kraenzle, C.P.M:
Procurement Officer
Tempe.
Making waves in the desert
REQUEST FOR PROPOSAL
RFP# 22-032
CDL DRIVERS
RFP ISSUE DATE:
AUGUST 3, 2021
DEADLINE FOR INQUIRIES/QUESTIONS:
AUGUST 24, 2021, AT 5:00 P.M. LOCAL ARIZONA TIME
RFP DUE DATE AND TIME:
SEPTEMBER 14, 2021, 3:00 P.M. LOCAL ARIZONA TIME
ALL INQUIRIES MUST BE DIRECTED TO:
ERIC KRAENZLE, C.P.M.
EMAIL: ERIC_KRAENZLE@TEMPE.GOV
PHONE: 480-350-8548
SUBMITTAL LOCATION: Due to the COVID Virus, Tempe will only accept an e-copy of the
completed and signed proposal via e-mail to the following address:
Bids@tempe.gov
No hard copy proposals will be accepted at this time.
Table of Contents
Gereral INStructions ooo... eeceesessesesesesesescsesescscsescscssvasevsnsssssssavsvecececacavasasavassvevasssavasscesessssssstsvevavateceasevevevase 3
Scope of Work.
Specifications ..........ccece
Proposal Questionnaire
Evaluation Criteria... ccc cscs ccescesessesssnssssescssscsescassescocsvavsvevsuevassvassssesssssuvarssasasasasavavasssassucsessseasevevevevaneeees
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Vendor's OFFEF «cece ccscscssssccssesescsesssesssesessacsesescsescasssscssevsvsssesssasasssusesssecasasasavasasavavasasasssasassissesestavavevevensenene 28
General Instructions
Failure to follow these instructions may 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.
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.
Completed and signed proposal forms for offer, acceptance and any solicitation addendums 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.
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. Failure to read, examine and understand the Solicitation and any of its addenda will not excuse
any failure to comply with the requirements of the Solicitation or any resulting contract, nor shall such failure
be a basis for claiming additional compensation.
Offeror shall identify each subcontractor to be utilized in the services and/or work set forth herein, if
applicable.
2. Definitions: For purposes of this Request for Proposal and resultant Contract, the following definitions apply:
“City” means the municipal corporation of the City of Tempe, Arizona.
“Code Governance” means unless otherwise specified herein, the provisions of the Tempe City Code,
Chapter 26A shall apply and govern this Request for Proposal.
“Contract” means the agreement for the procurement of goods, equipment, materials, software,
maintenance, contracted services, professional services, or concessions.
“Contractor” means an Offeror responding to a Request for Proposal who has been awarded a Contract
with the City.
“Offer” means a written offer to furnish goods, equipment, materials, software, maintenance, contracted
services, professional services, or concessions to the City, in conformity with the standards, specifications,
delivery terms and conditions, and all other requirements established in a competitive solicitation.
“Offeror” means a business, entity or person who submits an Offer in response to a competitive solicitation.
“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.
“Purchase Order” means a document issued by the Procurement Office directing the Contractor to deliver
the goods, equipment, materials, software, maintenance, contracted services, professional services or
concessions. to the City.
“Request for Proposal” means a competitive solicitation issued by the City for the procurement of goods,
equipment, materials, software, maintenance, contracted services, professional services or concessions.
RFP# 22-032 CDL DRIVERS 3 | Page
General Instructions
10.
Late, Unsigned and/or Incomplete Proposal: A late, unsigned and/or materially incomplete proposal will be
considered nonresponsive and rejected.
Inquiries: Questions regarding this Request for Proposal shall be directed to the Procurement Officer identified on
the cover page of this document, unless another City contact is specifically named. Inquiries shall be submitted in
writing (preferably via e-mail), 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 within the designated timeframe noted on the front page of the solicitation. Those questions
received after the designated date may be considered at the sole discretion of the Procurement Officer. The City
reserves the right to contact Offerors to obtain additional information for use in evaluating proposal and solicitation
requirements.
Proposal Conference: If a proposal conference is scheduled, Offerors are strongly encouraged to attend to seek
clarification on any aspects of the documents that are not clear or questions that might pertain the specifications or
scope of work published. There are times when attendance at a proposal conference is mandatory and those
conferences shall be specially noted when applicable.
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.
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.
For all addenda published, the City will send electronic notification to those companies who have downloaded the
Solicitation from the City’s web site. If a company receives the solicitation via a third- party plan holder organization,
it will be the responsibility of the company to download the solicitation from the City’s web site to ensure that their
company is included on any forthcoming addenda notification.
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.
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 Procurement Office.
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.
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", "tequired" and/or "mandatory" performance/feature statements must be met or
exceeded by the Offeror. Should no Offeror be found 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.
RFP# 22-032 CDL DRIVERS 4 | Page
General Instructions
11.
12.
13.
14.
15.
Questionnaire: Offeror must complete the Questionnaire portion of this Request for Proposal and provide any
documentation required to support the answers. 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.
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 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:
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;
Cc. Determine 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.
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, except where the City has determined that specific portions of
the proposal are confidential.
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.
Proposal Evaluation and Award: 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 herein. 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. The City reserves the right to reject any and all proposals.
RFP# 22-032 CDL DRIVERS 5 | Page
General Instructions
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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 Procurement Office. 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 Procurement Office provides a written notice of award or a purchase order to the successful Offeror. All
terms and conditions of the Contract are contained herein, unless modified by an amendment approved by the City.
Proposals that take exception to the terms, 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.
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 the Contract is awarded. After award of Contract, an appointment may be made with the Procurement
Officer to review proposal documents. Formal Contract award results shall be placed on the Procurement Office
web page (www.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/?sort=meet_date .
Protests: Any actual or prospective Offeror who is aggrieved in conjunction with this Request for Proposal or award
may protest the award to the 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 Procurement Office will post award recommendations on the City Clerks
website at (http://documents.tempe.gow/sirepub/?sort=meet_date) and at the Procurement Office front counter and
web site 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.
Delivery: All materials, equipment and/or products shall be delivered F.O.B. Destination to the City of Tempe Per
the location identified in the solicitation.
Tax: 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 to the
City of Tempe (1.8%) is considered a pass-through cost, calculated as zero ($0) expense when comparing pricing
among competing companies that are not located in Tempe. 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 salestax@tempe.gov
‘Payment: For a single requirement purchase, the City will endeavor to remit payment within thirty (30) calendar
days from receipt and approval of acceptable products, materials and/or services and approval of correct invoice.
For ongoing term Contract purchases, the City will endeavor to remit payment within thirty (30) calendar days from
approval of invoice.
“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.
Payment by City Procurement Card: The Procurement Office may elect to remit payment through the use of a
City procurement card. Each Offeror may indicate on the Vendor's Offer Page in 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.
RFP# 22-032 CDL DRIVERS 6 | Page
General Instructions
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Code Governance: Unless otherwise specified herein, the provisions of the Tempe City Code, Chapter 26A shall
apply and govern this Request for Proposal.
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.
Late Responses: The Offeror assumes responsibility for having the Proposal submitted on time via e-mail to the
address shown on the front page of this RFP. Any Offers received after the Solicitation Due Date and Time shall
not be considered and will be returned to the Offeror. The Offeror assumes the risk of any delay in the electronic
processing of the supplier’s e-mail through both parties (Supplier and City) networks. Offerors must allow adequate
time to ensure that the e-mail is timely received by the City at the designated e-mail address. All times referenced
are Tempe, Arizona local times. Respondents agree to accept the time and date that is recorded on the received
e-mail as the official time. Any e-mail submissions that are timed at 3:01 or later on the schedule due date will be
considered late and not considered.
Copying Responses: The Offeror hereby grants the City permission to copy all parts of its Offer including, without
limitation, any documents and/or materials copyrighted by the Offeror. The City’s right to copy shall be for internal
use in the evaluating the Offers.
Confidential information and Public Record: After award of a Contract, proposals shall be available for public
inspection, except to the extent that the withholding of information is required or permitted by law. Pursuant to
A.R.S. § 35-214, and 41-1330 et seq., all records relating to the Request for Proposal and Contract shall be subject
to inspection at all reasonable times by the City for five (5) years after completion of the Contract. Such records
shall be produced by Bidder or Contractor at the time and place designated by the City.
A. lf a person believes that an offer or specification contains information that should be withheld as
confidential, a statement advising the procurement officer of this fact shall accompany the submission and
the information shall be so identified wherever it appears. A general statement of confidentiality 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.
B. The information identified by the person as confidential shall not be disclosed until the Procurement Office
makes a written determination pursuant to A.R.S. § 121, et seq.
Cc. If the City determines to disclose the information, the Offeror shall be informed in writing of such
determination. Notwithstanding the foregoing, following an award of Contract, all proposal response
information shall be available for public inspection.
RFP# 22-032 CDL DRIVERS 7 | Page
Standard Terms and 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, ef seq., including but not limited to, Arizona Executive Orders
Nos. 2006-13, 2005-02, and 2010-14 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 termination,
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”, 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 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.
Cc. 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 permitted 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.
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.
RFP# 22-032 CDL DRIVERS 8 | Page