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LINKING AGREEMENT BETWEEN THE CITY OF GLENDALE, ARIZONA AND RUSH TRUCK CENTERS OF ARIZONA, INC., DBA RUSH TRUCK CENTER, PHOENIX This Linking Agreement (“Agreement”) is entered into as of this day of , 2024, between the City of Glendale, an Arizona municipal corporation (“City”), and Rush Truck Centers of Arizona, Inc., dba Rush Truck Center, Phoenix, a Delaware corporation, authorized to do business in Arizona (“Contractor”), collectively, the “Parties.” RECITALS On July 1, 2023, the City of Phoenix, a member of the S.A.V.E Cooperative , and Rush Truck Centers of Arizona, Inc., dba Rush Truck Center, Phoenix, entered into a contract to purchase and sell the goods and services described in Vehicle Maintenance and Repair Services, Contract No. 158286-0 (FB 24-FSD-001) (“Cooperative Agreement”), which is attached hereto as Exhibit A. The Cooperative Agreement allows 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 wishes to contract with Contractor for supplies or services identical to those being provided to other units of government under the Cooperative Agreement. Contractor consents to the City’s cooperative use of the terms and conditions of the Cooperative Agreement, and agrees to provide the supplies and services set forth in the Statement of Work appended hereto as Exhibit B. AGREEMENT NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated by reference, and the covenants and promises contained in this Linking Agreement, the patties agree as follows: Term of Agreement. A. As provided in the Cooperative Agreement, purchases can be made by governmental entities from the date of award, which was July 1, 2023, until the date the contract terminates on July 1, 2028, unless the term is extended by mutual agreement of the parties to the Cooperative Agreement. The Cooperative Agreement, however, may not be extended beyond July 1, 2028. The initial period of this Agreement is the period from the Effective Date of this Agreement until July 1, 2026. B. The City may extend the term of this Agreement for two (2) one-year periods if the Cooperative Agreement is likewise extended and the City gives the Contractor notice that it 1 10/05/2023 is exercising its option to extend this Agreement 30 days prior to the anniversary of the Effective Date. Glendale extensions are not automatic and shall only occur if the City affirmatively exercises its right to extend this Agreement. Scope of Work: Terms, Conditions, and Specifications. A. Contractor shall provide City the supplies and/or services identified in the Scope of Work attached as Exhibit B. B. Contractor agrees to comply with all the terms, conditions and specifications of the Cooperative Purchasing Agreement. Such terms, conditions and specifications are specifically incorporated into and are an enforceable part of this Agreement. Compensation. A. City shall pay Contractor compensation at the same rate and on the same schedule as provided in the Cooperative Purchasing Agreement, which is attached hereto as Exhibit C. B. The total purchase price for the supplies and/or services purchased under this Agreement shall not exceed five hundred thousand dollars ($500,000) for the entire term of the Agreement (initial term plus any extensions). Cancellation. This Agreement may be cancelled pursuant to A.R.S. § 38-511. 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. Conttactor, 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 or services produced by the forced labor of ethnic Uyghurs in the People’s Republic of China; and 10/05/2023 c any contractors, subcontractors or suppliers that use the forced labor ot 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. lt. Notices. Any notices that must be provided under this Agreement shall be sent to the Pattics’ respective authorized representatives at the address listed below: City of Glendale c/o Sandy Ressler - Fleet Management 6210 W. Myrtle Avenue, #111 Glendale, AZ 85301 and Rush Truck Centers of Atizona, Inc., dba Rush Truck Center, Phoenix c/o Aaron Reed Candler 9600 W. Roosevelt St. Tolleson, AZ 85353 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 Rush Truck Centets of Arizona, Inc., municipal corporation dba Rush Truck Center, Phoenix, a Delaware corporation By: _ By: Kevin R. Phelps Name: Aaron Reed Candlet City Manager Title: Service Manager ATTEST: Julie K. Bower (SEAL) APPROVED AS TO FORM: Michael D. Bailey City Attorney 3 10/05/2023 LINKING AGREEMENT BETWEEN THE CITY OF GLENDALE, ARIZONA AND RUSH TRUCK CENTERS OF ARIZONA, INC., DBA RUSH TRUCK CENTER, PHOENIX EXHIBIT A CITY OF PHOENIX CONTRACT NO. 158286-0 (IFB 24-FSD-001) VEHICLE MAINTENANCE AND REPAIR SERVICES invitation For Bid #24-FSD-001 ¢ City of Phoenix Title: Vehicle Maintenance and Repair Services ACCEPTANCE OF OFFER The Offer is hereby accepted. The Contractor is now bound to sell the material(s) or service(s) listed by the attached contract and based upon the-solicitation, including all terms, conditions, specifications, amendments, etc. and the Contractor's Offer as accepted by the City. This contract shall henceforth be referred to as Contract No 1°8286--0 . The Contractor has been cautioned not to commence any billable work or provide any material or service under this contract until Contractor receives purchase order, or contract documentation. CITY OF PHOENIX A Municipal Corporation Jeffrey Barton, City Manager Joseph Giudice (May 22, 2023 14:05 PDT) Director or delegate: Joe Giudice Title: Director Department: Public Works Department Attest: yew octeSt 22nd May this day of 2023 City Clerk Approved as to form this 19th day of January 2017. This document has been approved as to form by the City Attorney and is on file with the City Clerk. it need not be submitted to the City Attorney for approval unless the form document is altered. Page 1 of 4 Invitation For Bid #24-FSD-001 CS) city of Phoenix Title: Vehicle Maintenance and Repair Services OFFER (please complete, sign, and return with the submittal) TO THE CITY OF PHOENIX - The Undersigned hereby offers and agrees to furnish the material and or service(s) in compliance with all terms, conditions, specifications, and addenda issued as a result of a solicitation. Arizona Sales Tax No. 0 1-5 77 ole G- k Use Tax No. for Out-of-State Suppliers N/A City of Phoenix Sales Tax No. 99009206 Arizona Corporation Commission File No. = O39 75 (3-¥ Taxpayer's Federal Identification No.: If recommended for contract award, Offeror agrees to provide its federal taxpayer identification number or as applicable its social security number to the City of Phoenix for the purposes of reporting to appropriate taxing authorities, monies paid by the City of Phoenix under the awarded contract. If the Offeror provides its social security number, the City will only share this number with appropriate state and federal officials, This submission is mandatory under 26 U.S.C. § 6041A. | Enter City’s Registration System ID Number : Oo Located at City’s eProcurement website (see SECTION 2 Q 2 % — INSTRUCTIONS - CITY'S REGISTRATION) 0. AS 2 J Offeror has read, understands, and will fully and faithfully comply with this solicitation, its attachments and any referenced documents. Offeror certifies that the prices offered were independently developed without consultation with any other Offeror or potential Offerors. LOK, Ale/r3 Authorized Signature Date Print Name and Title . Offeror Legal Name and Company Type (President, Manager, Member) (LLC, inc., Sole Proprietor) Name of Company: Rush Truck Centers of Ae zonu, Tne. DEA Rush Truck, Center, Phoail Address: 4d) uu) Rovceue fl sT Tp flems , A727 #8303 Authorized Signature: Print Name and Title: Page 1 of 1 LINKING AGREEMENT BETWEEN THE CITY OF GLENDALE, ARIZONA AND RUSH TRUCK CENTERS OF ARIZONA, INC., DBA RUSH TRUCK CENTER, PHOENIX EXHIBIT B Scope of Work Maintenance and repair services to heavy-duty vehicles and equipment, on an as-needed basis. wt City of Phoenix 158202--0 INVITATION FOR BID 24-FSD-001 VEHICLE MAINTENANCE AND REPAIR SERVICES City of Phoenix Public Works 200 W. Washington St. 7th Floor Phoenix, AZ 85003 RELEASE DATE: January 19, 2023 DEADLINE FOR QUESTIONS: January 31, 2023 RESPONSE DEADLINE: February 15, 2023, 11:00 am City of Phoenix INVITATION FOR BID 24-FSD-001 Vehicle Maintenance and Repair Services INTRODUCTION ........csccessssssescsescsesssescessacscavevarsvsnevesssseesessseseseseseacseeecsesvacseesessassessestacseseees 3 INSTRUCTIONS ....0.. ec ceeseecesessessseecssesessssesseeseeeseasseeacataeasesassnesssnsssscescseescseresssestustsecanansses 5 STANDARD TERMS AND CONDITIONS... SPECIAL TERMS AND CONDITIONS. ...0.0...c.ecccesccesscescssseeceessececsevscssecessvssatesecscosssaveeaeane DEFENSE AND INDEMNIFICATION .....0.....cccecccssscescsseseescseescecceccsceceesesussesscsusevetarsesecaneees INSURANCE REQUIREMENTS SUBMITTALS. 1.0... es ccccscssscsescsesesecseassceesessessscsesesssessceesasasesasaesesasacscesscsescsesssecstessesesasansaneres Attachments: enon WD > Attachments: Submittal Forms — This is separately attached at: https://solicitations.phoenix.gov/ A- Submittals - Offer Page B - Submittals - Conflict of Interest and Transparency C - Submittals - Costs and Payments D - Submittals - Warranty E - Submittals - Place of Business F - Submittals — References G = Submittals - Emergency 24-Hour Service Contact H — Submittals - Acceptance Form Bid Price Schedule — This is separately attached at: https://solicitations.phoenix.gov/ Invitation For Bid #24-FSD-001 Title: Vehicle Maintenance and Repair Services 1. INTRODUCTION 1.1. Summary The City of Phoenix, Public Works Department, Fleet Service Division (FSD) is responsible for maintaining a fleet of approximately 7,800 vehicles, including light duty, medium duty, and heavy-duty, including refuse collections trucks to various fire apparatus, as well as electric, hybrid and/or other types of vehicles and equipment. FSD’s mission is to provide our customers with safe, efficient, reliable, and sustainable fleet equipment that supports their mission in serving the City of Phoenix residents. The intent of this contract is to award multiple contractors under each group to meet the needs of the City. The contractor(s) will perform full-service repairs to major manufacturers’ products within the City fleet profile. The contractor(s) will provide all necessary labor, materials, parts, accessories, assemblies, and/or components to meet OEM (Original Equipment Manufacturer) guidelines and quality. 1.2. Contact Information Crystal Ramirez Contracts Specialist Il *Lead 200 W. Washington St. 7th Floor Phoenix, AZ 85003 Email: crystal.ramirez@phoenix.gov Phone: (602) 495-3606 Department: Public Works 1.3. Timeline Schedule of Events The City reserves the right to change dates, times, and locations, as necessary. The City does not always hold a Pre-Offer Conference or Site Visit. To request a reasonable accommodation or alternative format for any public meeting, please contact the Procurement Officer (Crystal Ramirez) at (602) 495-3606/Voice or 711/TTY, or crystal.ramirez@phoenix.gov, no later than two (2) weeks prior to the meeting. Solicitation Issue Date | January 19, 2023 Invitation For Bid #24-FSD-001 Title: Vehicle Maintenance and Repair Services Pre-Offer Conference (Non- Mandatory) January 26, 2023, 10:00am https://phxpublicworks.webex.com/phxpublicwo rks/j.php?7MTID=m5e2889327 1ce0fea1572eb3 7a040f647 Join by phone +1-415-655-0001 US Toll Access code: 2487 424 5782 Written Inquiries Due Date January 31, 2023, 2:00pm Offer Due Date February 15, 2023, 11:00am The public will be able to call the WebEx phone number noted below and listen to the Bid Opening meeting live: Join by phone +1-415-655-0001 US Toll Access code: 2499 294 0539 Invitation For Bid #24-FSD-001 Title: Vehicle Maintenance and Repair Services 2. INSTRUCTIONS 2.1. Description — Statement of Need services for a three-year term, with two op ars g abou ; 3, 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. ae-vyear term. with two optio O encing on or about July 1, 20 This solicitation is available through Arizona Relay Service 7-1-1. Please call TTY 800-367-8939 for assistance. 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. 2.2. 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 Offeror who has not registered. 2.3. Preparation of Offer All forms provided in Submittal Section must be completed and submitted with the Offer. The signed and completed Conflict of Interest and Transparency form must be included or your Offer may be deemed non-responsive. 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 Offeror’s errors or omissions. All time periods stated as a number of days will be calendar days. It is the responsibility of all Offerors 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. Offerors are strongly encouraged to: A. Consider applicable laws and/or economic conditions that may affect cost, progress, performance, or furnishing of the products or services. B. Study and carefully correlate Offeror’s knowledge and observations with the solicitation and other related data. C. Promptly notify the City of all conflicts, errors, ambiguities, or discrepancies that Offeror has discovered in or between the solicitation and other related documents. Invitation For Bid #24-FSD-001 Title: Vehicle Maintenance and Repair Services D. 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 Offeror 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. E. Offerors 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. F. 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. G. 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. 2.4. Fixed Offer Price Period All offers shall be firm and fixed for a period of 180 calendar days from the solicitation opening date. 2.5. Delivery Delivery is an important consideration and may be a factor in determining the award. A delivery time after receipt of order (ARO) must be stated in definite terms. Should there be variations in delivery times by item, the submittal should be clear concerning these variations. 2.6. Obtaining a Copy of the Solicitation and Addenda Interested Offerors may download the complete solicitation and addenda from https://solicitations. phoenix.gov/. Any interested Offerors 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, Central Procurement Division, 251 W Washington Street, Phoenix, AZ. It is the Offeror’s responsibility to check the website, read the entire solicitation, and verify all required information is submitted with their Offer. 2.7. Exceptions Offeror 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. Offerors must conform to all the Invitation For Bid #24-FSD-001 Title: Vehicle Maintenance and Repair Services requirements specified in the solicitation. The City encourages Offerors to send inquiries to the Procurement Officer rather than including exceptions in their Offer. 2.8. 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. 2.9. 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. 2.10. Business in Arizona The City will not enter contracts with Offerors (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 Offeror asserts a statutory exception prior to entering a contract with the City. 2.11. Licenses If required by law for the operation of the business or work related to this Offer, Offeror must possess all valid certifications and/or licenses as required by federal, state or local laws at the time of submittal. 2.12. Certifications By signature in the Offer section of the Offer and Acceptance page(s), Offeror certifies: e The submission of the Offer did not involve collusion or other. anti-competitive practices. e The Offeror must not discriminate against any employee, or applicant for employment in violation of Federal or State Law. e The Offeror has not given, offered to give, nor intends to give at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with the submitted Offer. Invitation For Bid #24-FSD-001 Title: Vehicle Maintenance and Repair Services 2.13. 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. The City of Phoenix Public Works Department is accepting electronic Offers for this solicitation, in addition to other methods of submitting sealed Offer packages (hardcopy). Offerors are responsible for submitting the Offer (electronic or hardcopy) before the due date and time of the solicitation deadline. The Offeror is responsible for managing potential delays due to delays caused by the Carrier or technical difficulties. For Electronic Submittal: Please submit your response via email to pwd.solicitions@phoenix.gov. The date and time on the email will provide proof of submission and verification if the Offer was received on or prior to the due date and time specified. Please identify the solicitation number and title in the subject line of the email when submittin The City email file size is limited to 150mb. To send larger files electronically, the upload and receipt time may take longer than expected. It is the responsibility of the Offeror to ensure that the Offer met the due date and time. Please DO NOT submit links to Google Docs, Dropbox Paper, or similar services. Your offer may be deemed non-responsive if your offer is supplied utilizing these services. For In-Person and Carrier Delivery: Offers will be received at City of Phoenix City Hall located at 200 W. Washington St, 1st floor, Atrium, Phoenix, AZ 85003. The Atrium is just beyond the security checkpoint. The drop-off box is a grey bin marked Public Works Department. Delivery must be made during normal business hours (8:00 am — 5:00 pm, local Phoenix time, Monday — Friday) before the solicitation due date and time. Offers must be clearly marked on the outside of the package as designated in the solicitation. Delivery of Offers: If the Offeror submits the Offer in a hardcopy format, then the Offer must be submitted in a sealed package/envelope marked with the following information: e Offeror's Name e Offeror's Address (as shown on the Certification Page) e Solicitation Number e Solicitation Title e Offer Due Date 2.14. Withdrawal of Offer At any time prior to the solicitation due date and time, an Offeror (or designated representative) may withdraw the Offer by submitting a request in writing and signed by a duly authorized representative. If Offeror withdraws the Offer electronically by email to the Procurement Officer, the request to withdraw must be in the form of a letter attached to the email that includes either 8 Invitation For Bid #24-FSD-001 Title: Vehicle Maintenance and Repair Services an image of the duly authorized representative’s signature or an electronic signature from a verifiable source, such as Adobe Sign, DocuSign or a similar verifiable software program. 2.15. 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 Offeror, 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 evaluated the offers, the City will post an award recommendation on the website. By signing and submitting its Offer, each Offeror agrees that this posting of the award recommendation to the City’s website effectively serves as the Offeror's receipt of that notice of award recommendation. The City has no obligation to provide any further notification to unsuccessful Offerors. 2.16. Pre-Award Qualifications Offeror must have been in operation a minimum of five years. The Offeror’s normal business activity during the past five years will have been for providing the goods or services in this solicitation. Upon notification of an intent to award, the Offeror will have ten calendar days to submit a complete certificate of insurance in the minimum amounts and the coverages as required in the Insurance Requirements of this agreement. Insurance requirements are non-negotiable. 2.17. Award of Contract 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. A. Factors that may be considered by the City include: 1. Technical capability of the Offeror to accomplish the scope of work required in the Solicitation. This may include performance history on past and current government or industrial contracts; and, 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, 3. Safety record; and, 4. Offeror history of complaints and termination for convenience or cause. Invitation For Bid #24-FSD-001 Title: Vehicle Maintenance and Repair Services B. 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. C. 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 Chief Procurement Officer 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. 2.18. Solicitation Transparency Policy 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. 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. Offerors may not discuss the solicitation with any City employees or evaluation panel members. 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. 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. 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. “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 10 Invitation For Bid #24-FSD-001 Title: Vehicle Maintenance and Repair Services 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. 2.19. Protest Process 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. 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. Offeror 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. Offeror may protest an award recommendation if the Offeror 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). Offeror 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. All protests will be in writing, filed with the Procurement Officer identified in the solicitation and include the following: e Identification of the solicitation number; e The name, address and telephone number of the protester; e A detailed statement describing the legal and factual grounds for the protest, including copies of relevant documents; e The form of relief requested; and e The signature of the protester or its authorized representative. 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. 11 Invitation For Bid #24-FSD-001 Title: Vehicle Maintenance and Repair Services 2.20. 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 Offeror will isolate the pages marked confidential in a specific and clearly labeled section of its Offer response. An Offeror 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 will not make any information identified by the Offerors as “confidential” available to the public unless necessary to support the evaluation process or if specifically requested in accordance with applicable public records law. When a public records request for such information is received, the Procurement Officer will notify the Offeror in writing of any request to view any portion of its Offer marked “confidential.” The Offeror will have the time set forth in the notice to obtain a court order enjoining such disclosure. If the Offeror does not provide the Procurement Officer with a court order enjoining release of the information during the designated time, the Procurement Officer will make the information requested available for inspection. 2.21. Late Offers Late Offers must be rejected, except for good cause. If a late Offer is submitted, the Department will document the date and time of the submittal of the late Offer, keep the Offer and notify the Offeror that its Offer was disqualified for being late. 2.22. Right to Disqualify The City reserves the right to disqualify any Offeror who fails to provide information or data requested or who provides materially inaccurate or misleading information or data. The City further reserves the right to disqualify any Offeror on the basis of any real or apparent conflict of interest that is disclosed by the Offer submitted or any other data or information available to the City. This disqualification is at the sole discretion of the City. By submission of a solicitation response, the Offeror 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 or any court as to the exercise by the City of such right to disqualify or as to any disqualification by reason of real or apparent conflict of interest determined by the City. The City reserves the right to replace the disqualified Offeror. 2.23. Contract Award The City reserves the right to award a contract by individual line items, by group, all or none, or any other combination most advantageous to the City. The City reserves the right to multiple award. 2.24. Determining Responsiveness and Responsibility Offers will be reviewed for documentation of any required minimum qualifications, and completeness and compliance with the solicitation requirements. The City reserves sole discretion to determine responsiveness and responsibility. 12 Invitation For Bid #24-FSD-001 Title: Vehicle Maintenance and Repair Services Responsiveness: Nonresponsive Offers will not be considered in the evaluation process. The solicitation states criteria that determine responsiveness, and the solicitation includes terms and conditions that if included or excluded from Offers will render an Offer nonresponsive. Responsibility: To obtain true economy, the City must conduct solicitations to minimize the possibility of a subsequent default by the Offeror, late deliveries, or other unsatisfactory performance that may result in additional administrative costs. It is important that the Offeror be a responsible Offeror. Responsibility includes the Offeror’s integrity, skill, capacity, experience, and facilities for conducting the work to be performed. 2.25. Equal Low Offer Contract award will be made by putting the names of the tied Offerors in a cup for a blind drawing limited to those bidders with tied Offers. If time permits, the Offerors involved will be given an opportunity to attend the drawing. The drawing will be witnessed by at least three persons, and the contract file will contain the names and addresses of the witnesses. 13