Agreement - Valley Collection Services

LINKING AGREEMENT
BETWEEN
THE CITY OF GLENDALE, ARIZONA
AND
VALLEY COLLECTION SERVICE, L.L.C.

This Linking Agreement (“Agreement”) is entered into as of this day of , 2023, between the
City of Glendale, an Arizona municipal corporation (“City”), and Valley Collection Service, LL.C., an
Arizona limited liability company, authorized to do business in Arizona (“Contractor”), collectively, the
“Parties.”

A.

RECITALS

On June 1, 2022 under (S.A.V.E Cooperative Purchasing Agreement), the city of Peoria entered into
a contract with Contractor to purchase the goods and services described in the Revenue Collection
Services, Contract No. ACON10322 (“Cooperative Purchasing Agreement”), which is attached
hereto in 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 Agteement to
ptovide the supplies and setvices 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 parties 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 June 1, 2022,
until the date the contract expires on May 31, 2024 unless the tetm of the Cooperative Purchasing
Agreement is extended by the mutual agreement of the original contracting patties. The Cooperative
Purchasing Agreement, however, may not be extended beyond May 31 2027. The initial period of
this Agreement, therefore, is the petiod from the Effective Date of this Agreement until May 31,
2024. The City may extend the term of this Agreement for three (3) additional one-year periods until
the Cooperative Purchasing Agreement expires on May 31, 2027. Glendale extensions are not
automatic and shall only occut if the City gives the Contractor notice of its intent to extend. The
City may give the Contractor notice of its intent to extend this Agreement 30 days prior to the
anniversary of the Effective Date to effectuate such extension.

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05/10/2023

Scope of Work: Terms, Conditions, and Specifications.

A. Contractor shall provide City the supplies and/or services identified in the Scope of Work
attached in Exhibit A.

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 Contractor compensation at the same rate and on the same schedule as
provided in the Cooperative Purchasing Agreement, which is attached hereto as Exhibit B.

B. The total purchase price for the supplies and/or services purchased under this Agreement
shall not exceed $80,000 for the entire term of the Agreement (initial term plus any
extensions).

Cc. City and Contractor mutually agree that payments the City collects from Arizona
Department of Revenue Debt Offset program are not subject to being billed any fees from
Contractor and will be recalled from Contractor upon confirmation of a confirmed offset
payment from the Department of Revenue.

Cancellation. This Agreement may be canceled pursuant to A.RS. § 38-511.

Non-discrimination. Contractor must not discriminate against any employee or applicant for
employment on the basis of tace, 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 provided 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
ARS. § 41-4401.

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.

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 ot services produced by the forced labor of ethnic Uyghurs in the People’s
Republic of China; and

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05/10/2023

Cs 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.

10 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.

1; Notices. Any notices that must be provided under this Agreement shall be sent to the Parties’
respective authorized representatives at the address listed below:

City of Glendale
c/o Robert Birr
5750 W Glenn Dr.
Glendale, AZ 85302

And

Valley Collection Service, LLC
Scott Maxam, Member/ Manager
8811 N 51st Ave; Suite 102
Glendale, AZ 85302

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 Valley Collection Service, L.L.C.,
municipal corporation an Arizona limited liability company
By: By: a LDL
Kevin R. Phelps Name: Scott Maxam V
City Manager Title: +Member/Manager
ATTEST:
Julie K. Bower (SEAL)
City Clerk
APPROVED AS TO FORM:

Michael D. Bailey
City Attorney

05/10/2023

LINKING AGREEMENT
BETWEEN
THE CITY OF GLENDALE, ARIZONA
AND
VALLEY COLLECTION SERVICE, L.L.C.

EXHIBIT A
Scope of Work

SCOPE

Valley Collection Service, L.L.C. provides debt collection services for accounts receivable, which have been
deactivated or written-off after City collection efforts are exhausted per the attached city of Peoria contract
below.

City of Peoria

FINANCE DEPARTMENT
MATERIALS MANAGEMENT

CONTRACT AUTHORIZATION AND SIGNATURE — COVER SHEET

(For City Use Only)
CONTRACT DETAILS
X New Contract Amendment Extension Other:
Purchasing Job Number: Q22-09 Buyer Name: Drew Ashmun

Vendor / Contractor: Valley Collection Service, LLC

Contract Purpose / Scope Description: Revenue Collection Services

Start Date: 06.01.2022 End Date: 05.31.2023 Term Contract? No Yes Final Expiration: 05.31.2027

FINANCIAL DETAILS

City Department: Finance Department Rep: Raymond Nelson
Budget Account #: CIP#:

A. This document amount: $

B. Total of ail previous executed

amounts for this contract:
C. Total Contract Amount:
APPROVALS

Council Approval Required?: X No Yes: Council Date:
City Manager Signature Required? x No Yes

Comments/Special Instructions: please return an executed copy to Materials Management. Thank you!

ROUTING SEQUENCE
Materials Management: By: “6a Zoug for CF Date: 4/14/22 17:26 MST
Risk Management: By: Date:
City Attorney: By: Georg: Mariscal for Date:4/18/22 08:58 MST
City Manager: By: Date:
City Clerk: By: ___ Cari Dychman Date: 4/18/22 09:04 MST
ACON: 10322 LCON: Recordation#:

City of Peoria, Arizona

Request for Quotation
Request for Quotation No: Q22-09 RFQ Due Date: 03.22.2022
Materials and/or Services: Revenue Collection Services RFQ Due Time: 5:00 P.M. AZ Time
Purchasing Agent: Drew Ashmun
Contact Phone: (623) 773-7116
Contact Email: Drew.ashmun@ipcoriaaz.

This is NOT a Purchase Order
The terms and conditions in this solicitation should be reviewed and understood before preparing a quotation. The quotation
shall be the best net price, FOB destination, to include all delivery charges, and applicable taxes. Delivery schedule and discount
for early payment shall be indicated in the spaces provided below. Return the quotation by the above time and date,

Valley Collection Service, LLC

Sp |

Company Name Signature for
17431 North 71st Drive, Suite 104 Scott A Maxam
Company Address Printed Name
_Glendaie___. _AZ 85308 Member/Manager
City State Zip Title
(623) 931-4325 scott@valleycollection.com

Telephone / Facsimile

w

a a

La é ort

Your offer is hereby accepted. The Contractor is now bound to scil the materials and/or services listed by the attached award notice based upon the solicitation,
including all terms conditions, specifications, amendments, etc., and the Contractor's offer as accepted by the City. The Contractor is hereby cautioned not to
commence any billable work or provide any material, service or construction under this contract until ‘Contractor receives an executed Purchase Order.

Attested by: City of Peoria, Arizona. _—_Eff. Date: 4/19/22
Lori Dyckman Approved as to form:
Lori Dyckman, Acting City Clerk
George Mariscal for
cc Vanessa P. Hickman, City Atorncy
ACON10322 Awarded on 4/18/22 _
Contract Number
Lisa Houg for
Official File Christine Finney, Materials Manager

City Seal
Copyright 2003 City of Peoria, Arizona

COP203 Rev(01/05/2022)LH Page | of 22

REQUEST FOR QUOTATION ce a een nement
9875 N. g5' Ave., 2" FI,

Peoria, Arizona 85345-6560
INSTRUCTIONS FOR QUOTATION AND Phone: (623) 773-7115

TERMS AND CONDITIONS Fax: (623) 773-7118

Submission: Quotations shall be submitted no Jater than the designated due date and time, and shall be submitted
electronically via the City’s Procurement Portal (Bonfire), duly signed by an authorized representative of the
company.

Opening: A formal public opening will not be held for this quotation. However, all information may be publicly
reviewed after award.

Standard Provisions: The City of Peoria’s Instructions for Quotation and Terms and Conditions (Form
COP203ITQ) and Standard Terms and Conditions (COP Form 202), where applicable, are a part of this document
as if fully set forth herein. Copies of these documents are available from the City of Peoria, Materials Management
Division.

Taxes: The City of Peoria is exempt from Federal Excise Tax, including Federal Transportation Tax. Sales Tax,
if any, should be indicated as a separate item.

Bid Rejection: The City of Peoria reserves the right to reject any, or all, bids, combinations of items, or lot and
to waive defects or informalities,

Erasures: Erasures, interlineations or other modifications shall be initialed by the individual signing the Request
for Quotation.

Unit Price: In case of error in the extension of prices, the unit shall govern. No Quotation shall be altered,
amended or withdrawn after the specified date and time for receiving Quotations. Negligence by the Vendor in
preparing the Quotation confers no right for the withdrawal of the Quotation after it has been opened.

Payment: The City of Peoria will make every effort to process for the purchase of goods or services within thirty
(30) calendar days after receipt of goods or services and a correct notice of amount due, unless a good faith dispute
exists as to any obligation to pay all or a portion of the account. Any bid that requires payment in less than thirty
(30) days shall not be considered.

Payment Discounts: Payment discount periods will be computed from date of receipt of materials or services or
correct invoice, whichever is later, to the date payment is mailed. Unless freight and other charges are itemized,
any discount provided will be taken on full amount of invoice. Payment discounts of thirty (30) calendar days or
more will be deducted from the bid price in determining the low bid. However, the City of Peoria shall be entitled
to take advantage of any payment discount offered by the Vendor provided payment is made within the discount
period.

COP202 Rev(06/11/21)CF 7 Page 2 of 22 —

Materials Management
STANDARD oe7e Nash Aves 2 FL
TERMS AND CONDITIONS Peoria, Arizona 85345-6560

Phone: (623) 773-7115
Fax: (623) 773-7118

THE FOLLOWING TERMS AND CONDITIONS ARE AN EXPLICIT PART OF THE SOLICITATION AND ANY RESULTANT CONTRACT.

1. CERTIFICATION: By signature in the Offer section of the Offer and Contract Award page (COP Form 203), the Vendor
certifies:

The submission of the offer did not involve collusion or other anti-competitive practices.

b. The Vendor shall not discriminate against any employee or applicant for employment in violation of Federal Executive
Order 11246.

c. The Vendor 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 offer, or signing it with a false statement, shall void the submitted offer or any resulting contracts,
and the vendor may be debarred.

2. GRATUITIES: The City may, by written notice to the Contractor, cancel this contract if it is found by the City that gratuities,
in the form of entertainment, gifts or otherwise, were offered or given by the Contractor or any agent or representative of the
Contractor, to any officer or employee of the City with a view toward securing an order, securing favorable treatment with
respect to the awarding, amending, or the making of any determinations with respect to the performing of such order. In the
event this contract is cancelled by the City pursuant to this provision, the City shall be entitled, in addition to any other rights
and remedies, to recover or withhold from the Contractor the amount of the gratuity. Paying the expense of normal business
meals which are generally made available to all eligible city government customers shall not be prohibited by this paragraph.

3. APPLICABLE LAW: In the performance of this agreement, contractors shall abide by and conform to any and all laws of
the United States, State of Arizona and City of Peoria including but not limited to federal and state executive orders providing
for equal employment and procurement opportunities, the Federal Occupational Safety and Health Act and any other federal
or state laws applicable to this agreement.

Contractor specifically understands and acknowledges the applicability to it of the Americans with Disabilities Act,
including Section 508, the Immigration Reform and Control Act of 1986, and the Drug Free Workplace Act of 1989. In
addition, if this agreement pertains to construction, Contractor must also comply with A.R.S. § 34-301, as amended
(Employment of Aliens on Public Works Prohibited) and ARS. § 34-302, as amended (Residence Requirements for
Employees).

Under the provisions of A.R.S. § 41-4401, Contractor hereby warrants to the City that Contractor and each of its
subcontractors (“Subcontractors”) will comply with, and are contractually obligated to comply with, all Federal immigration
laws and regulations that relate to their employees and A.R.S. § 23-214(A) (hereinafter, “Contractor Immigration
Warranty”).

A breach of the Contractor Immigration Warranty shall constitute a material breach of this agreement and shall subject
Contractor to penalties up to and including termination of this agreement at the sole discretion of the City. The City may, at
its sole discretion, conduct random verification of the employment records of Contractor and any Subcontractors to ensure
compliance with the Contractor Immigration Warranty. Contractor agrees to assist the City in regard to any random
verifications performed.

Neither Contractor nor any Subcontractor shall be deemed to have materially breached the Contractor Immigration Warranty
if Contractor or the Subcontractor establishes that it has complied with the employment verification provisions prescribed by
§§ 274A and 274B of the Federal Immigration and Nationality Act and the E-Verify requirements prescribed by A.RS. §23-
214(A).

The provisions of this Paragraph must be included in any contract Contractor enters into with any Subcontractors who
provide services under this agreement or any subcontract. “Services” is defined as furnishing labor, time or effort in the
State of Arizona by a contractor or subcontractor. Services include construction or maintenance of any structure, building or
transportation facility or improvement to real property.

Contractor warrants, for the term of this agreement and for six months thereafter, that is has fully complied with the
requirements of the Immigration Reform and Control Act of 1986 and all related or similar legal authorities.

Page 3 of 22

COP202 Rev(05/11/21)CF

Materials Management
STANDARD OS7S NES ave oY FL
TE RM S AN D CON DITIONS Peoria, Arizona 85345-6560

Phone: (623) 773-7115
Fax: (623) 773-7118

This contract shall be govemed by 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 contract or in statutes pertaining specifically to
the City. This contract shall be governed by the laws of the State of Arizona and suit pertaining to this contract may be brought
only in courts in the State of Arizona.

This contract is subject to the provisions of ARS §38-511: the City may cancel this contract without penalty or further
obligations by the City or any of its departments or agencies if any person significantly involved in initiating, negotiating,
securing, drafting or creating the contract on behalf of the City or any of its departments or agencies, is at any time while the
contract or any extension of the contract is in effect, an employee of any other party to the contract in any capacity or a
consultant to any other party of the contract with respect to the subject matter of the contract.

4. LEGAL REMEDIES: All claims and controversies shall be subject to resolution according to the terms of the City of Peoria
Procurement Code,

5. CONTRACT: The contract between the City and the Contractor shall consist of (J) the Solicitation, including instructions,
all terms and conditions, specifications, scopes of work, attachments, and any amendments thereto, and (2) the offer submitted
by the Vendor in response to the solicitation. In the event of a conflict in language between the Solicitation and the Offer, the
provisions and requirements in the Solicitation shall govern. However, the City reserves the right to clarify, in writing, any
contractual terms with the concurrence of the Contractor, and such written contract shall govern in case of conflict with the
applicable requirements stated in the Solicitation or the Vendor’s offer. The Solicitation shall govern in all other matters not
affected by the written contract.

6. CONTRACT AMENDMENTS: This contract may be modified only by a written Contract Amendment (COP Form 217)
signed by persons duly authorized to enter into contracts on behalf of the City and the Contractor.

7. CONTRACT APPLICABILITY: The Offeror shall substantially conform to the terms, conditions, specifications and other
requirements found within the text of this specific Solicitation. All previous agreements, contracts, or other documents, which
have been executed between the Offeror and the City are not applicable to this Solicitation or any resultant contract.

8 PROVISIONS REQUIRED BY LAW: Each and every provision of law and any clause required by law to be in the contract
will be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not
inserted, or is not correctly inserted, then upon the application of either party, the contract will forthwith be physically amended
to make such insertion or correction.

9. SEVERABILITY: The provisions of this contract are severable to the extent that any provision or application held to be
invalid shall not affect any other provision or application of the contract which may remain in effect without the invalid
provision or application.

10. RELATIONSHIP TO PARTIES: It is clearly understood that each party will act in its individual capacity and not as an
agent, employee, partner, joint venturer, or associate of the other, An employee or agent of one party shall not be deemed or
construed to be the employee or agent of the other for any purpose whatsoever, The Contractor is advised that taxes or Social
Security payments will not be withheld from any City payments issued hereunder and that the Contractor should make
arrangements to directly pay such expenses, if any.

1]. INTERPRETATION-PAROL EVIDENCE: This contract represents the entire agreement of the Parties with respect to its
subject matter, and all previous agreements, whether oral or written, entered into prior to this contract are hereby revoked and
superseded by this contract. No representations, warranties, inducements or oral agreements have been made by any of the
Parties except as expressly set forth herein, or in any other contemporaneous written agreement executed for the purposes of
carrying out the provisions of this contact. This contract may not be changed, modified or rescinded except as provided for
hercin, absent a written agreement signed by both Parties. Any attempt at oral modification of this contract shall be void and
of no effect,

12, NO DELEGATION OR ASSIGNMENT: Contractor shall not delegate any duty under this Contract, and no right or interest
in this Contract shall be assigned by Contractor to any successor entity or third party, including but not limited to an affiliated
successor or purchaser of Contractor or its assets, without prior written permission of the City. The City, at its option, may
cancel this Contract in the event Contractor undertakes a delegation or assignment without first obtaining the City’s written

CORN? Rev[O5/1721)CF Page 4 of 22

Materials Management
STANDARD sort sonore EF
TERMS AND CONDITIONS Peoria, Arizona 85345-6560

Phone: (623) 773-7115
| Fax: (623) 773-7118

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COP202 Rev(05/11/21}CF

approval. Contractor agrees and acknowledges that it would not be unreasonable for the City to decline to approve a delegation
or assignment that results in a material change to the services provided under this Contract or an increased cost to the City.

SUBCONTRACTS: No subcontract shall be entered into by the contractor with any other party to furnish any of the material,
service or construction specified herein without the advance written approval of the City. The prime contractor shall itemize
all sub-contractors which shall be utilized on the project. Any substitution of sub-contractors by the prime contractor shall be
approved by the City and any cost savings will be reduced from the prime contractor’s bid amount. Al! subcontracts shall
comply with Federal and State laws and regulations which are applicable to the services covered by the subcontract and shall
include all the terms and conditions set forth herein which shall apply with equal force to the subcontract and if the
Subcontractor were the Contractor referred to herein. The Contractor is responsible for contract performance whether or not
Subcontractors are used.

. RIGHTS AND REMEDIES: No provision in this document or in the vendor’s offer shall be construed, expressly or by

implication, as waiver by the City of any existing or future right and/or remedy available by law in the event of any claim of
default or breach of contract. The failure of the City to insist upon the strict performance of any term or condition of the
contract or to exercise or delay the exercise of any right or remedy provided in the contract, or by law, or the City’s acceptance
of and payment for materials or services, shall not release the Contractor from any responsibilities or obligations imposed by
this contract or by law, and shall not be deemed a waiver of any right of the City to insist upon the strict performance of the
Contract.

_ INDEMNIFICATION: To the fullest extent permitted by law, the Contractor shall defend, indemnify and hold harmless the

City, its agents, representatives, officers, directors, officials and employees from and against all claims, damages, losses and
expenses (including but not limited to attorney fees, court costs, and the cost of appellate proceedings), relating to, arising out
of, or alleged to have resulted from the acts, errors, mistakes, omissions, work or services of the Contractor, its employees,
agents, or any tier of subcontractors in the performance of this Contract. Contractor’s duty to defend, hold harmless and
indemnify the City, its agents, representatives, officers, directors, officials and employces shall arise in connection with any
claim, damage, loss or expense that is attributable to bodily injury, sickness, disease, death, or injury to, impairment, or
destruction of properly including loss of use resulting therefrom, caused by any acts, errors, mistakes, omissions, work or
services in the performance of this Contract including any employee of the Contractor or any tier of subcontractor or any other
person for whose acts, errors, mistakes, omissions, work or services the Contractor may be legally liable.

The amount and type of insurance coverage requirements set forth herein will in no way be construed as limiting the scope of
the indemnity in this paragraph.

OVERCHARGES BY ANTITRUST VIOLATIONS: The City maintains that, in practice, overcharges resulting from
antitrust violations are borne by the purchaser. Therefore. to the extent permitted by law, the Contractor hereby assigns to the
City any and all claims for such overcharges as to the goods and services used to fulfill the Contract.

FORCE MAJEURE: Except for payment for sums due, neither party shall be liable to the other nor deemed in default under
this Contract if and to the extent that such party's performance of this Contract is prevented by reason of force Majeure, The
term “force majeure” means an occurrence that is beyond the control of the party affected and occurs without its fault or
negligence. Without limiting the foregoing, force majeure includes acts of God: acts of the public enemy; war; acts of terror,
hate crimes affecting public order; riots; strikes; mobilization, labor disputes; civil disorders; fire, floods; lockouts,
injunctions-intervention-acts, or failures or refusals to act by government authority; events or obstacles resulting from a
governmental authority’s response to the foregoing; and other similar occurrences beyond the control of the party declaring
force majeure which such party is unable to prevent by exercising reasonable diligence. The force majeure shall be deemed
to commence when the party declaring force majeure notifies the other party of the existence of the force majeure and shall
be deemed to continue as long as the results or effects of the force majeure prevent the party from resuming performance in
accordance with this Contract.

Force majeure shall not include the following occurrences:

a. Late delivery of equipment or materials caused by congestion at a manufacturer’s plant or elsewhere, an oversold
condition of the market, inefficiencies, or similar occurrences.

Materials Management

STANDARD O7aIN: Got hee
TERMS AND CONDITIONS Peoria, Arizona 85345-6560

Phone: (623) 773-7115
Fax: (623) 773-7118

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cor

b. Late performance by a subcontractor unless the delay arises out of a force Majeure occurrence in accordance with this
Force Majeure term and Condition.

Any delay or failure in performance by either party hereto shall not constitute default hereunder or give rise to any claim for
damages or loss of anticipated profits if, and to the extent that such delay or failure is caused by force majeure. If either party
is delayed at any time in the progress of the work by force majeure, then the delayed party shall notify the other party in
writing of such delay within forty-eight (48) hours commencement thereof and shall specify the causes of such delay in such
notice. Such notice shall be hand delivered or mailed Certified-Return Receipt and shall make a specific reference to this
article, thereby invoking its provisions. The delayed party shall cause such delay to cease as soon as practicable and shall
notify the other party in writing. The time of completion shall be extended by contract modification for a period of time equal
to the time that the results or effects of such delay prevent the delayed party from performing in accordance with this contract.

RIGHT TO ASSURANCE: Whenever one party to this contract in good faith has reason to question the other party’s intent
to perform he may demand that the other party give a written assurance of this intent to perform. In the event that a demand
is made and no written assurance is given within five (5) days, the demanding party may treat this failure as an anticipatory
repudiation of the Contract.

RIGHT TO AUDIT RECORDS: The City may, at reasonable times and places, audit the books and records of any
Contractor as related to any contract held with the City. This right to audit also empowers the City to inspect the papers of
any Contractor or Subcontractor employee who works on this contract to ensure that the Contractor or Subcontractor is
complying with the Contractor Immigration Warranty made pursuant to Paragraph 3 above.

RIGHT TO INSPECT PLANT: The City may, at reasonable times, inspect the part of the plant or place of business of a
Contractor or Subcontractor which is related to the performance of any contract as awarded or to be awarded.

WARRANTIES: Contractor warrants that all material, service or construction delivered under this contract shall conform to
the specifications of this contract. Unless otherwise stated in Contractor’s response, the City is responsible for selecting items,
their use, and the results obtained from any other items used with the items furnished under this contract. Mere receipt of
shipment of the material/service specified and any inspection incidental thereto by the City shall not alter or affect the
obligations of the Contractor or the rights of the City under the foregoing warranties. Additional warranty requirements may
be set forth in the solicitation.

INSPECTION: All material and/or services are subject to final inspection and acceptance by the City. Materials and/or

services failing to conform to the specifications of this Contract will be held at Contractor’s risk and may be retumed to the
Contractor. If so returned, all costs are the responsibility of the Contractor. The City may elect to do any or all:

a. Waive the non-conformance.
b. Stop the work immediately.
c. Bring material into compliance.

This shall be accomplished by a written determination for the City.

TITLE AND RISK OF LOSS: The title and risk of loss of material and/or service shall not pass to the City until the City
actually receives the material or service at the point of delivery, unless otherwise provided within this Contract.

NO REPLACEMENT OF DEFECTIVE TENDER: Every tender of materials shall fully comply with all provisions of the
Contract. If a tender is made which does not fully conform, this shall constitute a breach of the Contract as a whole.

DEFAULT IN ONE INSTALLMENT TO CONSTITUTE TOTAL BREACH: Contractor shall deliver conforming
materials in each installment of lot of this Contract and may not substitute nonconforming materials. Delivery of
nonconforming materials or a default of any nature, at the option of the City, shall constitute a breach of the Contract as a
whole.

SHIPMENT UNDER RESERVATION PROHIBITED: Contractor is not authorized to ship materials under reservation
and no tender of a bill of lading will operate as a tender of the materials.

LIENS: All materials, service or construction shall be free of all liens, and if the City requests, a formal release of all liens
shall be delivered to the City.

#202 Rev(05!1121)CF Page 6 of 22

Materials Management
STANDARD 0975 N85" Ave, 2° FL
TERMS AND CONDITIONS Peoria, Arizona 85345-6560

Phone: (623) 773-7115
Fax: (623) 773-7118

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LICENSES: Contractor shall maintain in current status all Federal, State and Local licenses and permits required for the
operation of the business conducted by the Contractor as applicable to this Contract.

PATENTS AND COPYRIGHTS: All services, information, computer program elements, reports and other deliverables,
which may be patented or copyrighted and created under this contract are the property of the City and shall not be used or
released by the Contractor or any other person except with the prior written permission of the City.

PREPARATION OF SPECIFICATIONS BY PERSONS OTHER THAN CITY PERSONNEL: All specifications shall
seek to promote overall economy for the purposes intended and encourage competition and not be unduly restrictive in
satisfying the City’s needs. No person preparing specifications shall receive any direct or indirect benefit from the utilization
of specifications, other than fees paid for the preparation of specifications.

COST OF BID/PROPOSAL PREPARATION: The City shall 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.

PUBLIC RECORD: All offers submitted in response to this solicitation shall become the property of the City and shall
become a matter of public record available for review, subsequent to the award notification, in accordance with the City’s
Procurement Code. However, subsequent to the award of the contract, any information and documents obtained by the City
during the course of an audit conducted in accordance with Paragraph 19 above for the purpose of determining compliance by
Contractor or a Subcontractor with the Contractor Immigration Warranty mandated by Paragraph 3 above shall remain
confidential and shall not be made available for public review or produced in response to a public records request, unless the
City is ordered or otherwise directed to do so by a court of competent jurisdiction.

ADVERTISING: Contractor shall not advertise or publish information concerning this Contract, without prior written
consent of the City.

DELIVERY ORDERS: The City shall issue a Purchase Order for the material and/or services covered by this contract. All
such documents shall reference the contract number as indicated on the Offer and Contract Award (COP Form 203).

FUNDING: Any contract entered into by the City of Peoria is subject to funding availability. Fiscal years for the City of
Peoria are July 1 to June 30. The City Council approves all budget requests. Ifa specific funding request is not approved, the
contract shall be terminated.

. PAYMENT: A separate invoice shal] be issued for each shipment of material or service performed, and no payment will be

issued prior to receipt of material and/or services and correct invoice.

PROHIBITED LOBBYING ACTIVITIES: The Offeror, his/her agent or representative shall not contact, orally or in any
written form any City elected official or any City employee other than the Materials Management Division, the procuring
department, City Manager, Deputy City Manager or City Attorney’s office (for legal issues only) regarding the contents of
this solicitation or the solicitation process commencing from receipt of a copy of this request for proposals and ending upon
submission of a staff report for placement on a City Council agenda. The Materials Manager shall disqualify an Offeror’s
proposal for violation of this provision. This provision shall not prohibit an Offeror from petitioning an elected official after
submission of a staff report for placement on a City Council agenda or engaging in any other protected first amendment activity
after submission of a staff report for placement on a City Council agenda.

PROHIBITED POLITICAL CONTRIBUTIONS: Consultant during the term of this Agreement shall net make a
contribution reportable under Title 16, Chapter 6, Article 1, Arizona Revised Statutes to a candidate or candidate committee
for any city elective office during the term of this Agreement. The City reserves the right to terminate the Agreement
without penalty for any violation of this provision.

COP202 Rev[05!1/21)CF Page 7 of 22

SPECIAL TERMS AND Materials Management
CONDITIONS 0875 N. 85M Aven DF
Peoria, Arizona 85345-6560

nat . Phone: (623) 773-7115
Solicitation Number: @22-09 Fax: (623) 773-7118

1. Purpose: Pursuant to provisions of the City Procurement Code, the City of Peoria, Materials Management Division intends
to establish a contract for Revenue Collection Services,

2. Authority: This Solicitation as well as any resultant contract is issued under the authority of the City Materials Manager. No
alteration of any resultant contract may be made without the express written approval of the City Materials Manager in the
form of an official contract amendment. Any attempt to alter any contract without such approval is a violation of the contract
and the City Procurement Code. Any such action is subject to the legal and contractual remedies available to the City inclusive
of, but not limited to, contract cancellation, suspension and/or debarment of the contractor.

3. Offer Acceptance Period: In order to allow for an adequate evaluation, the City requires an offer in Tesponse to this
Solicitation to be valid and irrevocable for ninety (90) days after the opening time and date.

4. Eligible Agencies: Any contract resulting from this Solicitation shall be for the use of all City of Peoria departments, agencies
and boards.

5. Cooperative Purchasing: While this contract is for the City of Peoria, other public agencies and political subdivisions may
express interest in utilizing the contract, In addition to the City of Peoria, and with approval of the contractor, this contract
may be extended for use by other eligible public agencies (i.e. municipalities, school districts, nonprofit educational
institutions, public health institutions, community facilities districts, and government agencies of the State). Eligible public
agencies may elect to utilize the contract through cooperative purchasing (or piggybacking) on the contract and do so at their
discretion. No volume is implied or guaranteed, and the contractor must be in agreement with the cooperative transaction.
The Strategic Alliance for Volume Expenditures (SAVE), a group of school districts and other public agencies, have signed
an intergovernmental cooperative purchase agreement to obtain economies of scale. Asa member of SAVE, the City of Peoria
will act as the lead agency. Any such usage by other participating public agencies must be in accordance with the ordinance,
charter and/or procurement rules and regulations of the respective public agency. Potential participating public agencies (i.e.
municipalities, school districts, nonprofit educational institutions, public health institutions, community facilities districts, and
government agencies of the State) recognize potential equipment, logistical and capacity limitations by the contractor may
limit the contractor's ability to extend use of this contract. Any orders placed to the contractor will be placed by the specific
public agency participating in this purchase, and payment for purchases made under this agreement will be the sole
responsibility of each participating public agency. The City of Peoria shall not be responsible for any disputes arising out of
transactions made by others.

6. Contract Type: Fixed Price
Term of Contract: The term of any resultant contract shall commence on the date of award and shall continue for a period
of two (2) years thereafter, unless terminated, cancelled or extended as otherwise provided herein.

8. Contract Extension: By mutual written contract amendment, any resultant contract may be extended for supplemental
periods of up to a maximum of thirty-six (36) months.

9. Affirmative Action: It is the policy of the City of Peoria that suppliers of goods or services to the City adhere to a policy of
equal employment opportunity and demonstrate an affirmative effort to Tecruit, hire, and promote regardless of race, color,
religion, gender, national origin, age or disability. The City of Peoria encourages diverse suppliers to respond to solicitations
for products or services.

10. Discussions: In accordance with the City of Peoria Procurement Code, after the initial receipt of proposals, discussions may
be conducted with offerors who submit proposals determined to be reasonably susceptible of being selected for award.
Discussions may include interviews (see section Interview Guidelines).

11. Interview Guidelines: During the interview, which will be scheduled in the future, be prepared to discuss your firm’s
proposal, staff assignments, project approach and other pertinent information. The presentation shall be approximately 30
minutes, allowing 15 minutes for a question and answer session.

12. RFQ Opening: Responses shall be submitted no later than the due date and time indicated in the RFQ. All information
contained in the RFQ responses shall be deemed as exempt from public disclosure based on the City’s need to avoid disclosure
of contents prejudicial to competing responses during the process of negotiation. The responses shall not be open for public
inspection until after contract award. PRICES SHALL NOT BE READ, After contract award, the successful response and

=)
br}

~ COP209 RewO5/11/21}CF Page 8 of

SPECIAL TERMS AND Materials Management
CONDITIONS gars Noah ave 2 FL
Peoria, Arizona 85345-6560

initati 7 Phone: (623) 773-7115
Solicitation Number: Q22-09 Fax. (623) 73-7118

13,

14.

15.

16.

17.

COP209 Rev(05/1 4/24}CF

the evaluation documentation shall be open for public inspection.

Non-Execlusive Contract: Any contract resulting from this Solicitation shall be awarded with the understanding and
agreement that it is for the sole convenience of the City of Peoria, The City reserves the right to obtain like goods or services
from another source when necessary. Off-Contract Purchase Authorization may only be approved by the City Materials
Manager. Approval shall be at the discretion of the City Materials Manager and shall be conclusive, however, approval shall
be granted only after a proper review and when deemed to be appropriate. Off-contract procurement shall be consistent with
the City Procurement Code.

Price Adjustment: The City of Peoria Purchasing Office will review fully documented requests for price increases after any
contract has been in effect for two (2) years. Any price increase adjustment will only be made at the time of contract extension
and will be a factor in the extension review process. The City of Peoria Materials Management Division will determine
whether the requested price increase or an alternate option, is in the best interest of the City. Any price adjustment will be
effective upon the effective date of the contract extension.

Price Reduction: A price reduction adjustment may be offered at any time during the term of a contract and shal! become
effective upon notice.

Insurance Requirements: The Contractor, at Contractor’s own expense, shall purchase and maintain the herein stipulated
minimum insurance with companies duly licensed, possessing a current A.M. Best, Inc. Rating of A-, or approved unlicensed
in the State of Arizona with policies and forms satisfactory to the City.

All insurance required herein shall be maintained in full force and effect until all work or service required to be performed
under the terms of the Contract is satisfactorily completed and formally accepted; failure to do so may, at the sole discretion
of the City, constitute a material breach of this Contract.

The Contractor's insurance shall be primary insurance as respects the City, and any insurance or self-insurance maintained by
the City shall not contribute to it.

Any failure to comply with the claim reporting provisions of the insurance policies or any breach of an insurance policy
warranty shall not affect coverage afforded under the insurance policies to protect the City.

The insurance policies, except Workers’ Compensation, shall contain a waiver of transfer rights of recovery (subrogation)
against the City, its agents, representatives, directors, officers, and employees for any claims arising out of the Contractor’s
acts, errors, mistakes, omissions, work or service.

The insurance policies may provide coverage which contain deductibles or self-insured retentions. Such deductible and/or
self-insured retentions shail not be applicable with respect to the coverage provided to the City under such policies. The
Contractor shall be solely responsible for the deductible and/or self-insured retention and the City, at its option, may require
the Contractor to secure payment of such deductibles or self-insured retentions by a Surety Bond or an irrevocable and
unconditional letter of credit.

The City reserves the right to request and to receive, within 10 working days, certified copies of any or all of the herein
required insurance policies and endorsements, The City shall not be obligated, however, to review same or to advise Contractor
of any deficiencies in such policies and endorsements, and such receipt shall not relieve Contractor from, or be deemed a
waiver of the City’s right to insist on, strict fulfillment of Contractor’s obligations under this Contract.

The insurance policies, except Workers’ Compensation and Professional Liability, required by this Contract, shall name the
City, its agents, representatives, officers, directors, officials and employees as Additional Insureds.

Required Insurance Coverage:

a. Commercial General Liability

Contractor shall maintain Commercial General Liability insurance with a limit of not less than $1,000,000 for each
occurrence with a $2,000,000 Products/Completed Operations Aggregate and a $2,000,000 General Aggregate Limit.
The policy shall include coverage for bodily injury, broad form property damage, personal injury, products and completed
operations and blanket contractual coverage including, but not limited to, the liability assumed under the indemnification

Page 9 of 22

SPECIAL TERMS AND Materials Management
CONDITIONS 9875 N85" Ave. 2 FL
Peoria, Arizona 85345-6560

rn . Phone: (623) 773-7115
Solicitation Number: 22-09 Fax: (623) 773-7118

provisions of this Contract which coverage will be at least as broad as Insurance Service Office, Inc. Policy Form CG
0001 1207 or any replacements thereof. The coverage shall not exclude X,C, U.

Such policy shall contain a severability of interest provision, and shall not contain a sunset provision or commutation
clause, nor any provision which would serve to limit third party action over claims.

The Commercial General Liability additional insured endorsement shall be at least as broad as the Insurance Service
Office, Inc.’s Additional Insured, Form B, CG 20370704, and shall include coverage for Contractor's operations and
products and completed operations.

Any Contractor subletting any part of the work, services or operations awarded to the Contractor shall purchase and
maintain, at all times during prosecution of the work, services or operations under this Contract, an Owner’s and
Contractor's Protective Liability insurance policy for bodily injury and property damage, including death, which may
arise in the prosecution of the Contractor’s work, service or operations under this Contract. Coverage shall be on an
occurrence basis with a limit not less than $1,000,000 per occurrence, and the policy shall be issued by the same insurance
company that issues the Contractor’s Commercial General Liability insurance.

b. Automobile Liability

Contractor shall maintain Commercial/Business Automobile Liability insurance with a combined single limit for bodily
injury and property damage of not less than $1,000,000 each occurrence with respect to the Contractor’s any owned,
hired, and non-owned vehicles assigned to or used in performance of the Contractor’s work. Coverage will be at least as
broad as coverage code 1, “any auto”, (Insurance Service Office, Inc. Policy Form CA 00010306, or any replacements
thereof). Such insurance shall include coverage for loadin 2 and off loading hazards. If hazardous substances, materials or
wastes are to be transported, MCS 90 endorsement shall be included and $5,000,000 per accident limits for bodily injury
and property damage shall apply.

c. Workers’ Compensation
The Contractor shall carry Workers’ Compensation insurance to cover obligations imposed by federal and state statutes
having jurisdiction of Contractor's employees engaged in the performance of the work or services; and, Employer’s
Liability insurance of not less than $100,000 for each accident, $100,000 disease for cach employee, and $500,000 disease
policy limit,
In case any work is subcontracted, the Contractor will require the Subcontractor to provide Workers’ Compensation and
Employer’s Liability to at least the same extent as required of the Contractor.

18. Certificates of Insurance: Prior to commencing work or services under this Contract, Contractor shall furnish the City with
Certificates of Insurance, and formal endorsements as required by the Contract, issued by Contractor’s insurer(s), as evidence
that policies providing the required coverages, conditions and limits required by this Contract are in full force and effect.

In the event any insurance policy(ies) required by this contract is(are) written on a “claims made” basis, coverage shall extend
for two years past completion and acceptance of the Contractor’s work or services and as evidenced by annual Certificates of
Insurance,

Ifa policy does expire during the life of the Contract, a renewal certificate must be sent to the City fifteen (15) days prior to
the expiration date.

All Certificates of Insurance shall be identified with bid scrial number and title. A $25.00 administrative fee will be assessed
for all certificates received without the appropriate bid serial number and title,

19. Cancellation and Expiration Notice: Insurance required herein shall not expire, be canceled, or materially changed without
thirty (30) days prior written notice to the City.

20. Independent Contractor:

" COP209 Revi05/11/21)}CF Page 10 of 22 —

SPECIAL TERMS AND Materials Management
CONDITIONS 9875 N B85" Ave, 2° Fl
Peoria, Arizona 85345-6560

sitet 7 Phone: (623) 773-7115
Solicitation Number: Q22-09 Fax. (623) 773.7118

a. General

i, The Contractor acknowledges that all services provided under this Agreement are being provided by him as an
independent contractor, not as an employec or agent of the City Manager or the City of Peoria,

ii. Both parties agree that this Agreement is nonexclusive and that Contractor is not prohibited from entering into other
contracts nor prohibited from practicing his profession elsewhere.

b. Liability

i. The City of Peoria shall not be liable for any acts of Contractor outside the scope of authority granted under this
Agreement or as the result of Contractor’s acts, errors, misconduct, negligence, omissions and intentional acts.

c. Other Benefits

The Contractor is an independent contractor, therefore, the City Manager will not provide the Contractor with health
insurance, life insurance, workmen's compensation, sick leave, vacation leave, or any other fringe benefits. Further,
Contractor acknowledges that he is exempt from coverage of the Comprehensive Benefit and Retirement Act (COBRA).
Any such fringe benefits shall be the sole responsibility of Contractor.

21. Key Personnel: It is essential that the Contractor provide adequate experienced personnel, capable of an devoted to the
successful accomplishment of work to be performed under this contract. The Contractor must agree to assign specific
individuals to the key positions.

a. The Contractor agrees that, once assigned to work under this contract, key personnel shall not be removed or replaced
without written notice to the City.

b. If key personnel are not available for work under this contract for a continuous period exceeding 30 calendar days, or are
expected to devote substantially less effort to the work than initially anticipated, the Contractor shall immediately notify
the City, and shall, subject to the concurrence of the City, replace such personnel with personnel of substantially equal
ability and qualifications.

22. Manufacturer’s Representative: Dealers who submit an offer as a manufacturer’s representative must supplement the offer
with a letter from each manufacturer involved, certifying that the vendor is a bona fide dealer for the specific equipment
presented, that the vendor is authorized to submit an offer on such equipment, and guarantees that should the dealer fail to
satisfactorily fulfill any obligations established as a result of the anticipated contract awards, the manufacturer, upon
assignment by the City, will either assume and discharge such obligations or provide for their competent assumption by one
or more bona fide dealers for the balance of the contract period.

23. Estimated Quantities: The City anticipates considerable activity resulting from contracts that will be awarded as a result of
this solicitation; however, no commitment of any kind is made concerning quantities actually acquired and that fact should be
taken into consideration by each potential contractor.

24, Ordering Process: Upon award of a contract by the City of Peoria, Materials Management Division may procure the specific
material and/or service awarded by the issuance of a purchase order to the appropriate contractor. The award of a contract
shall be in accordance with the City of Peoria Procurement Code and all transactions and procedures required by the Code for
public bidding have been complied with, A purchase order for the awarded material and/or service that cites the correct
contract number is the only document required for the department to order and the contractor to delivery the material and/or
service.

Any attempt to represent any material and/or service not specifically awarded as being under contract with the City of Peoria
is a violation of the contract and the City of Peoria Procurement Code. Any such action is subject to the legal and contractual
remedies available to the City inclusive of, but not limited to, contract cancellation, suspension and/or debarment of the
contractor.

25. Invoices: The Contractor shall submit invoices to the City of Peoria Accounts Payable Department, 8401 W. Monroe St,
Peoria AZ 85345. Invoices may also be submitted electronically to accountspayable@peoriaaz. gov.

26. Billing: All billing notices to the City shall identify the specific item(s) being billed and the purchase order number. Items

(COP209 Rev(05/11/21)CF Page I] of 22

SPECIAL TERMS AND Materials Management
CONDITIONS 9875 N. 5h Aven 2 Fi
Peoria, Arizona 85345-6560

tig ge . Phone: (623) 773-7115
Solicitation Number: @22-09 Fax: (623) 773-7118

COP209 Rev(05/11/21)CF

27.

28.

30.

31.

32.

33.

are to be identified by the name, model number, and/or serial number most applicable. Any purchase/delivery order issued
by the requesting agency shall refer to the contract number resulting from this solicitation.

Licenses: Contractor shall maintain in current status all Federal, State and Local licenses and permits required for the
operation of the business conducted by the Contractor.

City of Peoria Business License: Peoria City Code requires that all persons conducting business in the City of Peoria must
first obtain a license. This includes businesses within the Peoria city limits, or those outside the limits who conduct business
or perform services within Peoria, For business license questions or to obtain a license, please contact the City of Peoria Sales
Tax & License Division at (623) 773-7160 or via email at salestax@peoriaAZ.gov.

Business in Arizona: The City will not enter contracts with foreign corporations not granted authority to transact business,
or not in good standing, in the state of Arizona by the Arizona Corporation Commission. Businesses outside of Arizona may
file documents to obtain a business license from the Arizona Corporation Commission. Information is available on the Arizona
Corporation Commission's website at https:'/www.azcc.gov for more information. Businesses are cautioned the processing
time can be lengthy.

Safety Standards: All items supplied on this contract shall comply with the current applicable Occupational Safety and
Health Standards of the State of Arizona Industrial Commission, the National Electric Code, and the National Fire Protection

Association Standards.

Usage Report: It is an express condition of any award that the contractor shall provide the City of Peoria, Materials
Management Division with a quarterly report delineating the number of items by type and the dollar value of acquisitions for
each department.

Confidential Information:

a. Ifa person believes that a bid, proposal, offer, specification, or protest contains information that should be withheld, a
statement advising the Materials Manager of this fact shall accompany the submission and the information shall be
identified.

b. The information identified by the person as confidential shall not be disclosed until the Materials Manager makes a written
determination.

c. The Materials Manager shall review the statement and information and shall determine in writing whether the information
shall be withheld.

d, 1f the Materials Manager determines to disclose the information, the Materials Manager shall inform the bidder in writing
of such determination.

Identity Theft Prevention: The Contractor shall establish and maintain Identity Theft policies, procedures and controls for
the purpose of assuring that “personal identifying information,” as defined by A.R.S. § 13-2001(10), as amended, contained
in its records or obtained from the City or from others in carrying out its responsibilities under the Contract, is protected at all
times and shall not be used by or disclosed to unauthorized persons. Persons requesting such information should be referred
to the City. Contractor also agrees that any “personal identifying information” shall not be disclosed other than to employees
or officers of Contractor as needed for the performance of duties under the Contract. Contractor agrees to maintain reasonable
policies and procedures designed to detect, prevent and mitigate the risk of identity theft. Contractor is required under this
contract to review the City of Peoria’s Identity Theft Program and to report to the Program Administrator any Red Flags as
defined within that program. At a minimum, the contractor will have the following Identity Theft procedures in place:

a. Solicit and retain only the “personal identifying information” minimally necessary for business purposes related to
performance of the Contract.

b. Ensure that any website used in the performance of the contract is secure. If a website that is not secure is to be used, the
City shall be notified in advance before any information is posted. The City reserves to right to restrict the use of any
non-secure websites under this contract.

SPECIAL TERMS AND Materials Management
CONDITIONS 9875 N. 85" Ave, 2" Fl
Peoria, Arizona 85345-6560

Pree . Phone: (623) 773-7115
Solicitation Number: Q22-09 Fax. (623) 773.7118

34,

35.

36.

37.

c. Ensure complete and secure destruction of any and all paper documents and computer files at the end of the contracts
retention requirements.

d. Ensure that office computers are password protected and that computer screens lock after a set period of time.
e. Ensure that offices and workspaces containing customer information are secure.
f. Ensure that computer virus protection is up to date.

Confidentiality of Records: The contractor shall establish and maintain procedures and controls that are acceptable to the
City for the purpose of assuring that information contained in its records or obtained from the City or from others in carrying
out its functions under the contract shall not be used or disclosed by it, its agents, officers, or employees, except as required
to efficiently perform duties under the contract. Persons requesting such information should be referred to the City. Contractor
also agrees that any information pertaining to individual persons shall not be divulged other than to employees or officers of
contractor as needed for the performance of duties under the contract.

Contract Termination: Any contract entered into as a result of this Solicitation is for the convenience of the City and as
such, may be terminated without default by the City by providing a written thirty (30) day notice of termination.

Cancellation: The City reserves the right to cancel the whole or any part of this contract due to failure by the contractor to
carry out any obligation, term or condition of the contract. The City will issue written notice to the contractor for acting or
failing to act as in any of the following:

The contractor provides material that does not meet the specifications of the contract;
b. The contractor fails to adequately perform the services set forth in the specifications of the contract,

c. The contractor fails to complete the work required or to furnish the materials required within the time stipulated in the
contract;

d. The contractor fails to make progress in the performance of the contract and/or gives the City reason to believe that the
contractor will not or cannot perform to the requirements of the contract.

Upon receipt of the written notice of concern, the contractor shall have ten (10) days to provide a satisfactory response to the
City. Failure on the part of the contractor to adequately address all issues of concern may result in the City resorting to any
single or combination of the following remedies:

a. Cancel any contract;
b. Reserve all rights or claims to damage for breach of any covenants of the contract;

c. Perform any test or analysis on materials for compliance with the specifications of the contract. If the results of any test
or analysis find a material non-compliance with the specifications, the actual expense of testing shall be borne by the
contractor;

d. Incase of default, the City reserves the right to purchase materials, or to complete the required work in accordance with
the City Procurement Code. The City may recover any actual excess costs from the contractor by:

i. Deduction from an unpaid balance;
ii. Any combination of the above or any other remedies as provided by law.

Contract Default: The City, by written notice of default to the contractor, may terminate the whole or any part of this contract
in any one of the following circumstances:

If the contractor fails to make delivery of the supplies or to perform the services within the time specified; or

b. If the contractor fails to perform any of the other provisions of this contract; and fails to remedy the situation within a
period of ten (10) days after receipt of notice.

In the event the City terminates this contract in whole or part, the City may procure supplies or services similar to those
terminated, and the contractor shall be liable to the City for any excess costs for such similar supplies or services.

COP209 Rev(O5/1 1/21}CF Page 13 of 22

SPECIAL TERMS AND Materials Management

Pp
CONDITIONS 9875 NBS" Ave: Fl
Peoria, Arizona 85345-6560
Solicitation Number: @22-09 Phone: (623) 773-7115

Fax: (623) 773-7118

38. Protest Policy and Procedures: The City of Peoria protest policy and procedures are available for review at the following
public websites.

a. The City of Peoria Protest Policy and Procedures are available online at https://www. riaaz. 0v/government/city-
law/city-code. The policy is contained within the City of Peoria Procurement Code, Chapter 26 - Administration, section
26-121. Procurement Code Protests; Informal and Formal.

b. The specific protest procedures are contained in the Materials Management “Procurement Guidelines” and can be

accessed at http://www.peoriaaz.gov/procurement.

“CORRS ReMONTIZICF Page 14 of 22

SCOPE OF WORK Materials Management

Procurement
9875 N. 85" Ave., 2™ FI.
Peoria, Arizona 85345-6560

re . Phone: (623) 773-7115
Solicitation Number: @Q22-09 Fax: (623) 773-7118

1. OVERVIEW:

The City of Peoria is responsible for providing basic municipal services. Primary services delivered by the City’s
departments, functions and employees include Police, Municipal Courts, Fire Protection, Parks, Recreation, Libraries,
Public Works & Utilities (including Solid Waste, Water, Wastewater, Streets and Public Transit), Planning and Community
Development (including Planning, Zoning and Neighborhood Revitalization), and Community and Economic Development
Services (including Building & Real Estate Development).

The City’s operating budget is financed in large part by billings to citizens, businesses, and customers for various services
such as, ambulance transport, licenses and permits issued for various purposes, and water, wastewater, and solid waste
(refuse) services.

As with any accounts receivable billing process, accounts can periodically become delinquent necessitating some form of
collection activity. The Finance Department has a Collection Division that pursues collection of past due accounts receivable
balances.

‘Afier collection efforts are exhausted, accounts receivables are written off for financial statement purposes. The volume of
accounts are estimates and do not guarantee the amount and value of accounts that may be referred. Furthermore, after the
initial transfer, the amount and value of the accounts cannot be updated nor modified. The types of accounts referred may
also be modified over the life of the contract.

2. BACKGROUND:

A. The City of Peoria currently has an outstanding volume of approximately 1,000 unpaid, inactivated utility accounts that
are over 90 days past due. The unpaid balances of these inactive utility accounts are approximately $100,000.

B. The debtors representing these unpaid accounts have been notified by the City of their debt and have failed to resolve
said debts.

3. PERFORMANCE OBJECTIVES AND REQUIREMENTS:

A. The City proposes to establish a contract with a collection firm (Contractor) to perform debt collection services for the
accounts receivable, which have been deactivated or written-off after City collection efforts are exhausted in all
categories referred.

B. The City of Peoria does not intend to sell debt under the terms of this contract.
C. The services to be performed include, but are not limited to the following:

1. collect funds owed to the City of Peoria in accordance with the requirements and collection processes outlined
herein

2. maintain historical and transactional databases which are timely, accurate, and able to be audited

3. maintain professional standards for customer service

4, Create monthly reporting at a summary and detail level

* COP20$ Revi05/14/21)CF Page 15 of 22