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1 05/10/2023 C AMENDMENT NO. 1 LINKING AGREEMENT (CITY OF GLENDALE, Contract No. C22-0601) This Amendment No. 1 (“Amendment”) to the Linking Agreemnt (“Agreement”) is made this ______ day of ________, 2023, (“Effective Date”), by and between the City of Glendale, an Arizona municipal corporation (“City”) and BIRD & BUG VENTURES, LLC dba ANDERSON LOCK & SAFE, LLC, an Arizona limited liability company, authorized to do business in Arizona (“Contractor”). RECITALS A. City and BIRD & BUG VENTURES, LLC dba ANDERSON LOCK & SAFE, LLC (“Contractor”) previously entered into linking agreement using City of Phoenix Locksmith Services Requirements Contract, Contract No. 156029-0, Contract No. C22-0601, dated June 14, 2022 (“Agreement”); and B. The original City of Phoenix Contract, Contract No. 156029-0 had an initial term beginning March 24, 2022, through March 23, 2024, with the option to extend up to a maximum of three (3) years; and C. City and Contractor wish to modify and amend the Agreement subject to and strictly in accordance with the terms of this Amendment. AGREEMENT In consideration of the mutual promises set forth herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City and Contractor hereby agree as follows: 1. Recitals. The recitals set forth above are not merely recitals, but form an integral part of this Amendment. 2. Term. The term of the Agreement is unchanged. 3. Scope of Work. The Scope of Work is unchanged. 4. Compensation. The Compensation available under this Agreement is increased by $60,000 for a new not-to-exceed amount of $160,000. 5. Insurance Certificate. Current certificate expired on May, 1st 2023. A new certificate applying to the extended term must be provided prior to this date to Materials Management and the Contract Administrator immediately in order for this Amendment to become effective. If a new insurance certificate demonstrating adequate and effective coverage is not supplied within 30 days of the Effective Date of This Amendment, the Agreement shall be terminated, null and void. 2 05/10/2023 6. Non-discrimination. 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. 7. No Boycott of Israel. To the extent A.R.S § 35-393 through § 35-393.03 are applicable, the parties hereby certify that they are not currently engaged in, and agree for the duration of 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. 8. Uyghur Forced Labor Prevention Act (UFLPA). Contractor certifies that it does not currently, and during the term of this Agreement, will not use: (a) the forced labor of ethnic Uyghurs in the People’s Republic of China; (b) any goods or services produced by the forced labor of ethnic Uyghurs in the People’s Republic of China; and (c) any contractors, subcontractors or suppliers that use the forced labor or any goods or services produced by the forced labor of ethnic Uyghurs in the People’s Republic of China. 9. 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. 10. Ratification of Agreement. City and Contractor hereby agree that except as expressly provided herein, the provisions of the Agreement shall be, and remain in full force and effect and that if any provision of this Amendment conflicts with the Agreement, then the provisions of this Amendment shall prevail. [Signatures on the following page.] 156029--0 CITY OF PHOENIX Finance William Langbehn Procurement Officer 251 W. Washington St., 8th Floor Phoenix, AZ 85003 (602) 262-7181 william.langbehn@phoenix.gov INVITATION FOR BID IFB 22 - 044 (WL) Locksmith Services - REQUIREMENTS CONTRACT Rev. 12/2019 TABLE OF CONTENTS CITY OF PHOENIX TABLE OF CONTENTS SECTION 1- INSTRUCTIONS ........................................................................................ 3 SECTION 11- STANDARD TERMS AND CONDITIONS .............................................. 15 SECTION Ill - SPECIAL TERMS & CONDITIONS ....................................................... 29 SECTION IV- INSURANCE AND INDEMNIFICATION ............................................... 50 SECTION V- SCOPE ................................................................................................... 55 SECTION VI- SUBMITTAL$ ....................................................................................... 64 SECTION VII - EXHIBITS .............................................................................................. 76 Solicitation Number IFB 22-044 Page 2 of94 SECTION I - INSTRUCTIONS CITY OF PHOENIX Please read before continuing to the offer document. This list may not include every requirement; the purpose is to assist vendors, but vendors are expected to read and comply with the entire solicitation. SOLICITATION RESPONSE CHECK LIST Check off each of the following as the necessary action is completed. D All forms have been completed and signed, including Solicitation Disclosure form. D All Submittals are included. D Reviewed and verified prices offered. D Checked price extensions and totals. • Included any required drawings or descriptive literature. D If required, checked, and included the amount of the offer surety. D Reviewed the insurance requirements, if any, to assure compliance. D Included the specified number of copies of the offer as indicated in Submittal section. D Included signed addenda, if any. D Addressed the mailing envelope to the Procurement Officer on the solicitation front page, at the address listed. • The mailing envelope clearly shows your company name and address, the solicitation number, solicitation title and the offer opening date. Mail the response timely - City must receive offers no later than the date and time indicated in the Schedule of Events or addenda. Solicitation Number IFS 22-044 Page 3 of 94 SECTION I - INSTRUCTIONS CITY OF PHOENIX 1. DESCRIPTION - STATEMENT OF NEED - TERM: 1.1. The City of Phoenix invites sealed offers for locksmith services at various locations throughout the city for a duration of 2-years, with three 1-year options for renewal, commencing on or about January 1, 2022, in accordance with the specifications and provisions contained herein or the "Effective Date" which is upon award by City Council, conditioned upon signature and recording by the City Clerk's department, as required by the Phoenix City Code, whichever is later. 1.2. The City of Phoenix is responsible for maintaining its buildings and ensuring that they are secure for public and internal staff who have access to them. As part of those efforts various departments within the City need to replace, upgrade, and provide preventative maintaining to their locking systems at their buildings. The performance of day-to-day operations, maintenance, or replacement of critical systems is essential to prevent liability to the building, its occupants, and systems. As such, the City requires that Contractor employ 'best practices' in carrying out its duties and obligations. 1.3. This solicitation is available through Arizona Relay Service 7-1-1. Please call TTY 800-367-8939 for assistance. 1.4. Notwithstanding the foregoing, this Agreement will terminate upon the earliest occurrence: by reaching the end of the term including any extensions exercised, or termination pursuant to the provisions of this Agreement. 2. CITY'S VENDOR SELF-REGISTRATION AND NOTIFICATION: Vendors must be registered in the City's procurePHX Self-Registration System at https://www.phoenix.gov/procure to respond to solicitations and access procurement information. The City may, at its sole discretion, reject any offer from an Offerer who has not registered. 3. SCHEDULE OF EVENTS: ACTIVITY (All LOCATION times are local DATE Phoenix time) Solicitation Issue Tuesday, November 2, https://www.phoenix.gov/procure click on Date 2021 the "solicitations" button Pre-Offer 2:00 P.M., Tuesday, Conference November 9, 2021 Solicitation Number IFB 22-044 Page 4 of 94 SECTION I - INSTRUCTIONS CITY OF PHOENIX Join from the meeting link https ://cityofphoen ix. webex.com/cityofphoen ix/ Join by meeting number Meeting number (access code): 2457 417 7999 Meeting password: MmKq8U2pNs6 Tap to join from a mobile device (attendees only) +1-415-655-0001,,24574177999## US Toll Join by phone +1-415-655-0001 US Toll Global call-in numbers Join from a video system or application Dial 2457 4177999@cityofphoenix.webex.com You can also dial 173.243.2.68 and enter your meeting number. Written Inquiries 2:00 P.M., Friday, Email to: Due Date November 12, 2021 William.langbehn@ehoenix.gov Offer Due Date 2:00 P.M., Thursday, OPTION 1: EMAIL SUBMITTAL November 18, 2021 Procurement@phoenix.gov NOTE: For Option 1, only an electronic copy is required (no paper copies). OR OPTION 2: IN PERSON/MAIL SUBMITTAL City of Phoenix Finance Department, Procurement Division. 251 W. Washington St., 8th Floor Phoenix, AZ 85003 NOTE: Access to City buildings is by appointment only. Please email Sabrina Messenger at Sabrina.Messenger(@phoenix.gov and copy William.langbehn@phoenix.gov to schedule an appointment to submit an offer in person, by or before the Offer Due Date and time. Solicitation Number IFS 22-044 Page 5 of94 SECTION I - INSTRUCTIONS CITY OF PHOENIX The City reserves the right to change dates and/or locations as necessary, and the City does not always hold a Pre-Offer Conference or Site visit. 4. PREPARATION OF OFFER: 4.1. All forms provided in Submittal Section must be completed and submitted with the offer. The signed and completed Solicitation Disclosure form must be included or your offer may be deemed non-responsive. 4.2. It is permissible to copy Submittal forms if necessary. Erasures, interlineations, or other modifications of the offer must be initialed in original ink by the authorized person signing the offer. No offer will be altered, amended, or withdrawn after the specified offer due date and time. The City is not responsible for Offerer's errors or omissions. 4.3. All time periods stated as a number of days will be calendar days. 4.4. It is the responsibility of all Offerers to examine the entire solicitation and seek clarification of any requirement that may not be clear and to check all responses for accuracy before submitting an offer. Negligence in preparing an offer confers no right of withdrawal after due date and time. Offerers are strongly encouraged to: 4.4.1. Consider applicable laws and/or economic conditions that may affect cost, progress, performance, or furnishing of the products or services. 4.4.2. Study and carefully correlate Offerer's knowledge and observations with the solicitation and other related data. 4.4.3. Promptly notify the City of all conflicts, errors, ambiguities, or discrepancies that Offerer has discovered in or between the solicitation and other related documents. 4.4.4. The City does not reimburse the cost of developing, presenting, or providing any response to this solicitation. Offers submitted for consideration should be prepared simply and economically, providing adequate information in a straightforward and concise manner. The Offerer is responsible for all costs incurred in responding to this solicitation. All materials and documents submitted in response to this solicitation become the property of the City and will not be returned. 4.4.5. Offerers are reminded that the specifications stated in the solicitation are the minimum level required and that offers submitted must be for products or services that meet or exceed the minimum level of all features specifically listed in this solicitation. Offers offering less than any minimum specifications or criteria specified are not responsive and should not be submitted. Solicitation Number IFB 22-044 Page 6 of 94 SECTION I - INSTRUCTIONS CITY OF PHOENIX 4.4.6. Offer responses submitted for products considered by the seller to be acceptable alternates to the brand names or manufacturer's catalog references specified herein must be submitted with technical literature and/or detailed product brochures for the City's use to evaluate the products offered. Offers submitted without this product •information may be considered as non-responsive and rejected. The City will be the sole judge as to the acceptability of alternate products offered. 4.4.7. Prices will be submitted on a per unit basis by line item, when applicable. In the event of a disparity between the unit price and extended price, the unit price will prevail unless obviously in error. 5. OBTAINING A COPY OF THE SOLICITATION AND ADDENDA: Interested Offerers may download the complete solicitation and addenda from https://solicitations.phoenix.gov/. Internet access is available at all public libraries. Any interested offerers without internet access may obtain this solicitation by calling the Procurement Officer or picking up a copy during regular business hours at the City of Phoenix, Finance Department, Purchasing Division, 200 W. Washington St., 9th Floor, Phoenix, AZ. It is the Offerer's responsibility to check the website, read the entire solicitation, and verify all required information is submitted with their offer. 6. EXCEPTIONS: Offerer must not take any exceptions to any terms, conditions, or material requirements of this solicitation. Offers submitted with exceptions may be deemed non-responsive and disqualified from further consideration in the City's sole discretion. Offerers must conform to all the requirements specified in the solicitation. The City encourages Offerers to send inquiries to the procurement officer rather than including exceptions in their Offer. See Inquiries and Schedule of Events. 7. INQUIRIES: All questions that arise relating to this solicitation should be directed via email to the Procurement Officer and must be received by the due date indicated in the Schedule of Events. The City will not consider questions received after the deadline. No informal contact initiated by Offerors on the proposed service will be allowed with members of City's staff from date of distribution of this solicitation until after city council awards the contract. All questions concerning or issues related to this solicitation must be presented in writing. The Procurement Officer will answer written inquiries in an addendum and publish any addendums on the Procurement Website. Solicitation Number IFS 22-044 Page 7 of94 SECTION I - INSTRUCTIONS CITY OF PHOENIX 8. ADDENDA: The City of Phoenix will not be responsible for any oral instructions made by any employees or officers of the City of Phoenix regarding this solicitation. Any changes will be in the form of an addendum. The Offeror must acknowledge receipt of any/all addenda by signing and returning the document with the offer submittal. 9. BUSINESS IN ARIZONA: The City will not enter contracts with Offerers (or any company(ies)) not granted authority to transact business, or not in good standing, in the state of Arizona by the Arizona Corporation Commission, unless the offerer asserts a statutory exception prior to entering a contract with the City. 10. LICENSES: If required by law for the operation of the business or work related to this Offer, Offerer must possess all valid certifications and/or licenses as required by federal, state, or local laws at the time of submittal. 11. CERTIFICATION: By signature in the offer section of the Offer and Acceptance page(s), Offerer certifies: • The submission of the offer did not involve collusion or other anti- competitive practices. • The Offerer must not discriminate against any employee, or applicant for employment in violation of Federal or State Law. • The Offerer 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. 12. SUBMISSION OF OFFER: Offers must be in possession of the Department on or prior to the exact time and date indicated in the Schedule of Events. Late offers will not be considered. The prevailing clock will be the City Department's clock. Offers must be submitted in a sealed envelope and the following information should be noted on the outside of the envelope: 12.1. Offeror's Name 12.2. Offeror's Address (as shown on the Certification Page) 12.3. Solicitation Number 12.4. Solicitation Title 12.5. Offer Opening Date Solicitation Number IFS 22-044 Page 8 of 94 SECTION I - INSTRUCTIONS CITY OF PHOENIX All offers must be completed in ink or typewritten. Include the number of copies that are required as indicated in the Submittal section. 13. WITHDRAWAL OF OFFER: At any time prior to the solicitation due date and time, an Offerer (or designated representative) may withdraw the offer by submitting a request in writing and signed by a duly authorized representative. 14. OFFER RESULTS: Offers will be opened on the offer due date, time and location indicated in the Schedule of Events, at which time the name of each Offerer, and the prices may be read. Offers and other information received in response to the solicitation will be shown only to authorized City personnel having a legitimate interest in them or persons assisting the City in the evaluation. Offers are not available for public inspection until after the City has posted the award recommendation on the City's website. The City will post a preliminary offer tabulation on the City's website, https://solicitations.phoenix.gov/Awards within five calendar days of the offer opening. The City will post the information on the preliminary tabulation as it was read during the offer opening. The City makes no guarantee as to the accuracy of any information on the preliminary tabulation. Once the City has reviewed the offers, the City will post an award recommendation on the website. The City will not provide any further notification to unsuccessful Offerers. 15. AWARD OF CONTRACT: 15.1. Unless otherwise indicated, award(s) will be made to the most responsive, responsible Offeror(s) who are regularly established in the service, or providing the goods, contained in this solicitation and who have demonstrated the ability to perform in an acceptable manner. 15.2. Factors that may be considered by the City include: 15.2.1. Technical capability of the Offerer to accomplish the scope of work required in the Solicitation. This may include performance history on past and current government or industrial contracts; and, 15.2.2. Demonstrated availability of the necessary manpower (both supervisory and operational personnel) and necessary equipment to accomplish the scope of work in the Solicitation; and, 15.2.3. Safety record, including complaints or investigations; and, 15.2.4. Offerer history of complaints, and termination for convenience or cause, litigation, or lawsuits. 15.3. Notwithstanding any other provision of this solicitation, the City reserves the right to: (1) waive any immaterial defect or informality; or (2) reject any or all offers or portions thereof; or (3) reissue a solicitation. Solicitation Number IFB 22-044 Page 9 of94 SECTION I - INSTRUCTIONS CITY OF PHOENIX 15.4. A response to a solicitation is an offer to contract with the City based upon the terms, conditions, and specifications contained in the City's solicitation. Offers do not become contracts until they are executed by the Deputy Finance Director or Department Director. A contract has its inception in the award, eliminating a formal signing of a separate contract. For that reason, all of the terms, conditions and specifications of the procurement contract are contained in the solicitation, and in any addendum or contract amendment. 16. CITY'S RIGHT TO DISQUALIFY FOR CONFLICT OF INTEREST: The City reserves the right to disqualify any Offeror based on any real or apparent conflict of interest that is disclosed by the offer submitted or any other data available to the City. This disqualification is at the sole discretion of the City. Any Offeror submitting an offer herein waives any right to object now or at any future time, before any agency or body, including but not limited to, the City Council of the City of Phoenix or any court. 17. SOLICITATION TRANSPARENCY POLICY: 17.1. Commencing on the date and time a solicitation is published, potential or actual offerors or respondents(including their representatives} shall only discuss matters associated with the solicitation with the Mayor, any members of City Council, the City Manager, any Deputy City Manager, or any department director directly associated with the solicitation (including in each case their assigned staff, except for the designated procurement officer} at a public meeting, posted under Arizona Statutes, until the resulting contract(s} are awarded to all offers or responses are rejected and the solicitation is cancelled without any announcement by the Procurement Officer of the City's intent to reissue the same or similar solicitation 17.2. As long as the solicitation is not discussed, Offerors may continue to conduct business with the City and discuss business that is unrelated to the solicitation with the City staff. 17.3. Offerors may discuss their proposal or the solicitation with the Mayor or one or more members of the Phoenix City Council, provided such meetings are scheduled through the Procurement Officer, and are posted as open meetings with the City Clerk at least 24 hours prior to the scheduled meetings. The City Clerk will be responsible for posting the meetings. The posted notice shall identify the participants and the subject matter, as well as invite the public to participate. Solicitation Number IFB 22-044 Page 10 of 94 SECTION I - INSTRUCTIONS CITY OF PHOENIX 17 .4. With respect to the selection of the successful Offerors, the City Manager and/or City Manager's Office will continue the past practice of exerting no undue influence on the process. In all solicitations of bids and proposals, any direction on the selection from the City Manager and/or City Manager's Office and Department Head (or representative) to the proposal review panel or selecting authority must be provided in writing to all prospective Offerors. 17.5. This policy is intended to create a level playing field for all Offerors, assure that contracts are awarded in public, and protect the integrity of the selection process. OFFERORS THAT VIOLATE THIS POLICY SHALL BE DISQUALIFIED. After official Notice is received by the City for disqualification, the Offeror may follow the Protest process, unless the Solicitation is cancelled without notice of intent to re-issue. 17.6. "To discuss" means any contact by the Offeror, regardless of whether the City responds to the contact. Offerors that violate this policy will be disqualified until the resulting contract(s) are awarded, or all offers or responses are rejected and the solicitation is cancelled without any announcement by the Procurement Officer of the City's intent to reissue the same or a similar solicitation. The City interprets the policy as continuing through a cancellation of a solicitation until Council award of the contract, as long as the City cancels with a statement that the City will rebid the solicitation. 18. PROTEST PROCESS: 18.1. Offeror may protest the contents of a solicitation no later than seven days before the solicitation deadline when the protest is based on an apparent alleged mistake, impropriety, or defect in the solicitation. Protests filed regarding the solicitation may be addressed by an amendment to the solicitation or denied by the City. If denied, the opening and award will proceed unless the City determines that it is in the City's best interests to set new deadlines, amend the solicitation, cancel or re-bid. 18.2. Therefore, unless otherwise notified by a formal amendment, the Protester must adhere to all solicitation dates and deadlines, including timely filing of an offer, regardless of filing a protest. Solicitation Number IFB 22-044 Page 11 of 94 SECTION I - INSTRUCTIONS CITY OF PHOENIX 18.3. Offerer may protest an adverse determination issued by the City regarding responsibility and responsiveness, within seven days of the date the Offeror was notified of the adverse determination. 18.4. Offeror may protest an award recommendation if the Offerer can establish that it had a substantial chance of being awarded the contract and will be harmed by the recommended award. The City will post recommendations on the City's website to award the contract(s) to an Offeror(s). Offerer must submit award protests within seven days after the posting of the award recommendation, with exceptions only for good cause shown, within the City's full and final discretion. 18.5. All protests will be in writing, filed with the Procurement Officer identified in the solicitation and include the following: 18.5.1. Identification of the solicitation number; 18.5.2. The name, address, and telephone number of the protester; 18.5.3. A detailed statement describing the legal and factual grounds for the protest, including copies of relevant documents; 18.5.4. The form of relief requested; and 18.5.5. The signature of the protester or its authorized representative. 18.6. The Procurement Officer will render a written decision within a reasonable period after the protest is filed. The City will not request City Council authorization to award the contract until the protest process is complete. All protests and appeals must be submitted in accordance with the City's Procurement Code, (Phoenix City Code, Ch. 43) and any protests or appeals not submitted within the time requirements will not be considered. Protests must be filed with the Procurement Officer. 19. PUBLIC RECORD: All Offers submitted in response to this solicitation will become the property of the City and become a matter of public record available for review pursuant to Arizona State law. If an Offeror believes that a specific section of its Offer response is confidential, the Offerer will isolate the pages marked confidential in a specific and clearly labeled section of its Offer response. An Offerer may request specific information contained within its Offer is treated by the Procurement Officer as confidential provided the Offeror clearly labels the information "confidential." To the extent necessary for the evaluation process, information marked as "confidential" will not be treated as confidential. Once the procurement file becomes available for public inspection, the Procurement Officer Solicitation Number IFB 22-044 Page 12 of 94 156029--0