Linking Agreement with Heartfit for Duty LLC.
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10/05/2023
LINKING AGREEMENT
BETWEEN
THE CITY OF GLENDALE, ARIZONA
AND
HEARTFIT FOR DUTY, LLC
FOR MEDICAL EXAMINATIONS
This Linking Agreement (“Agreement”) is entered into as of this 9th day of April, 2024, between the City
of Glendale, an Arizona municipal corporation (“City”), and HeartFit For Duty, LLC, an Arizona Limited
Liability Company, authorized to do business in Arizona (“Contractor”), collectively, the “Parties.”
RECITALS
A.
On December 16, 2022, under City of Tempe, a member of the Cooperative Purchasing Agreement,
entered into a contract with Contractor to purchase the goods and services described in Contract
No. T23-028-01 (“Cooperative Agreement”), which is attached hereto as Exhibit A. The
Cooperative Agreement allows its cooperative use by other governmental agencies, including the
City.
B.
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.
C.
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.
D.
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 parties agree as follows:
1.
Term of Agreement.
A.
As provided in the Cooperative Agreement, purchases can be made by governmental entities
from the date of award, which was December 16, 2022, until the date the contract terminates
on December 15, 2024, unless the term is extended by mutual agreement of the parties to
the Cooperative Agreement. The Cooperative Agreement, however, may not be extended
beyond December 15, 2027. The initial period of this Agreement is the period from the
Effective Date of this Agreement until December 15, 2024.
B.
The City may extend the term of this Agreement for three (3) years on an annual basis if
the Cooperative Agreement is likewise extended and the City gives the Contractor notice
that it is exercising its option to extend this Agreement 30 days prior to the anniversary of
2
10/05/2023
the Effective Date. Glendale extensions are not automatic and shall only occur if the City
affirmatively exercises its right to extend this Agreement.
2.
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.
3.
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 One million dollars ($1,000,000.00) for the entire term of the Agreement
(initial term plus any extensions).
4.
Cancellation. This Agreement may be cancelled pursuant to A.R.S. § 38-511.
5.
Non-discrimination. Contractor must not discriminate against any employee or applicant for
employment on the basis of race, color, religion, sex, national origin, age, marital status, sexual
orientation, gender identity or expression, genetic characteristics, familial status, U.S. military veteran
status or any disability. Contractor will require any Sub-contractor to be bound to the same
requirements as stated within this section. Contractor, and on behalf of any subcontractors, warrants
compliance with this section.
6.
Insurance Certificate. A certificate of insurance applying to this Agreement must be provided to the
City prior to the Effective Date.
7.
E-verify. Contractor complies with A.R.S. § 23-214 and agrees to comply with the requirements of
A.R.S. § 41-4401.
8.
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.
9.
Uyghur Forced Labor Prevention Act (UFLPA). Contractor certifies that it does not currently, and
during the term of this Agreement, will not use:
a.
the forced labor of ethnic Uyghurs in the People’s Republic of China;
b.
any goods or services produced by the forced labor of ethnic Uyghurs in the People’s
Republic of China; and
c.
any contractors, subcontractors or suppliers that use the forced labor or any goods
or services produced by the forced labor of ethnic Uyghurs in the People’s Republic
of China.
LINKING AGREEMENT
BETWEEN
THE CITY OF GLENDALE, ARIZONA
AND
HEARTFIT FOR DUTY, LLC
EXHIBIT A
TEMPE FIRE DEPARTMENT COOPERATIVE AGREEMENT CONTRACT NO. T23-028-01
LINKING AGREEMENT
BETWEEN
THE CITY OF GLENDALE, ARIZONA
AND
HEARTFIT FOR DUTY, LLC
EXHIBIT B
Scope of Work
Medical examinations for all sworn members of the Glendale Fire Department. This includes but is not
limited to pre-employment physicals, drug testing and will include essential civilian employees (ie. Fire
Investigators, etc). They will be scheduled on an annual basis or on an as-needed basis.
LINKING AGREEMENT
BETWEEN
THE CITY OF GLENDALE, ARIZONA
AND
HEARTFIT FOR DUTY, LLC.
EXHIBIT C
METHOD AND AMOUNT OF COMPENSATION
Pursuant to Section 3 of this agreement.
NOT TO EXCEED AMOUNT
The total amount of compensation paid to Contractor for full completion of all work required by the
Statement of Work must not exceed $ 1,000,000.00 for the entire term of the Agreement.
DETAILED PROJECT COMPENSATION
This agreement is for the initial term with three (3) annual extensions. The not to exceed amount includes
approximately $300,000 per year and additional funds for any future increases in fire department staffing.
REQUEST FOR PROPOSAL
RFP# 23-028
FIREFIGHTER AND OFFICER MEDICAL EXAMINATIONS
RFP ISSUE DATE:
SEPTEMBER 14, 2022
DEADLINE FOR INQUIRIES/QUESTIONS:
MONDAY, OCTOBER 3, 2022, AT 5:00 P.M. LOCAL ARIZONA TIME
RFP DUE DATE AND TIME:
THURSDAY, OCTOBER 13, 2022, 3:00 P.M. LOCAL ARIZONA TIME
ALL INQUIRIES MUST BE DIRECTED TO:
LISA GOODMAN, NIGP-CPP, CPPO, CPPB
EMAIL: lisa_goodman@tempe.gov
PHONE: 480-350-8533
SUBMITTAL LOCATION: Due to the COVID Virus, Tempe will only accept an e-copy of the
completed and signed proposal via e-mail to the following address:
Bids@tempe.gov
No hard copy proposals will be accepted at this time.
Table of Contents
General Instructions .......................................................................................................................................... 3
Standard Terms and Conditions ........................................................................................................................ 8
Special Terms & Conditions and Instructions ................................................................................................... 16
Scope of Work ................................................................................................................................................. 20
Proposal Questionnaire ................................................................................................................................... 26
Evaluation Criteria ........................................................................................................................................... 28
Pricing Section ................................................................................................................................................ 29
Vendor’s Offer ................................................................................................................................................. 31
Anti-Discrimination Policy ................................................................................................................................ 32
Supplier Sustainability Questionnaire .............................................................................................................. 34
Checklist for Submittal ..................................................................................................................................... 35
RFP# 23-028 FIRE FIGHTER MEDICAL EXAMINATIONS
3 | Page
General Instructions
Failure to follow these instructions may result in rejection of proposal for non-responsiveness or cancellation of any Contract
awarded.
1.
Preparation of Proposal:
A.
Proposals shall be submitted to the City of Tempe (“City”) in the sequence specified herein, on the forms
attached hereto, including Vendor’s Offer.
B.
All proposals shall be submitted on the forms provided in this Request for Proposal, signed by an authorized
signer and returned with the proposal response to the City.
C.
Completed and signed proposal forms for offer, acceptance and any solicitation addendums shall be signed
by an authorized individual. Such proposal constitutes an irrevocable Offer to sell the good and/or service
specified herein. Offeror shall submit all additional data, documentation, or information as requested by the
City, signifying its intent to be bound by the terms of the Request for Proposal.
D.
Negligence in preparation of a proposal confers no right of withdrawal. Offeror is solely responsible for
seeking clarification of any requirement and presenting accurate information in the proposal response. The
City shall not reimburse any costs for a proposal, or its submission, presentation or withdrawal, for any
reason. Failure to read, examine and understand the Solicitation and any of its addenda will not excuse
any failure to comply with the requirements of the Solicitation or any resulting contract, nor shall such failure
be a basis for claiming additional compensation.
E.
Offeror shall identify each subcontractor to be utilized in the services and/or work set forth herein, if
applicable.
2.
Definitions: For purposes of this Request for Proposal and resultant Contract, the following definitions apply:
A.
“City” means the municipal corporation of the City of Tempe, Arizona.
B.
“Code Governance” means unless otherwise specified herein, the provisions of the Tempe City Code,
Chapter 26A shall apply and govern this Request for Proposal.
C.
“Contract” means the agreement for the procurement of goods, equipment, materials, software,
maintenance, contracted services, professional services, or concessions.
D.
“Contractor” means an Offeror responding to a Request for Proposal who has been awarded a Contract
with the City.
E.
“Offer” means a written offer to furnish goods, equipment, materials, software, maintenance, contracted
services, professional services, or concessions to the City, in conformity with the standards, specifications,
delivery terms and conditions, and all other requirements established in a competitive solicitation.
F.
“Offeror” means a business, entity or person who submits an Offer in response to a competitive solicitation.
G.
“Public Record” means proposals and all other documents submitted in response to this solicitation shall
become the property of the City and shall be a matter of public record available for review following the
Contract award.
H.
“Purchase Order” means a document issued by the Procurement Office directing the Contractor to deliver
the goods, equipment, materials, software, maintenance, contracted services, professional services or
concessions. to the City.
I.
“Request for Proposal” means a competitive solicitation issued by the City for the procurement of goods,
equipment, materials, software, maintenance, contracted services, professional services or concessions.
3.
Late, Unsigned and/or Incomplete Proposal: A late, unsigned and/or materially incomplete proposal will be
considered nonresponsive and rejected.
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4.
Inquiries: Questions regarding this Request for Proposal shall be directed to the Procurement Officer identified on
the cover page of this document unless another City contact is specifically named. Inquiries shall be submitted in
writing (preferably via e-mail), identifying the appropriate Request for Proposal’s number, page and paragraph at
issue. PLEASE NOTE: Offeror must not place the Request for Proposal’s number on the outside of an envelope
containing questions. Oral responses provided by the City shall have no binding effect or legal effect. Inquiries
should be submitted within the designated timeframe noted on the front page of the solicitation. Those questions
received after the designated date may be considered at the sole discretion of the Procurement Officer. The City
reserves the right to contact Offerors to obtain additional information for use in evaluating proposal and solicitation
requirements.
5.
Proposal Conference: If a proposal conference is scheduled, Offerors are strongly encouraged to attend to seek
clarification on any aspects of the documents that are not clear or questions that might pertain the specifications or
scope of work published. There are times when attendance at a proposal conference is mandatory and those
conferences shall be specially noted when applicable.
6.
Withdrawal of Proposal: At any time before the specified proposal due date and time, an Offeror may withdraw
its proposal by way of written correspondence from the Offeror or its authorized representative.
7.
Proposal Addenda: Receipt and acceptance of a Request for Proposal addendum shall be acknowledged by
signing and returning the document either with the vendor’s proposal response or by separate envelope prior to
proposal due date/time. Failure to sign and return an addendum prior to the proposal due date/time may result in
the proposal being considered nonresponsive to that portion of the Request for Proposal and may result in rejection.
For all addenda published, the City will send electronic notification to those companies who have downloaded the
solicitation from the City’s web site. If a company receives the solicitation via a third- party plan holder organization,
it will be the responsibility of the company to download the solicitation from the City’s web site to ensure that their
company is included on any forthcoming addenda notification.
8.
Compliance with City Solicitation Requirements: Unless stated otherwise in this Request for Proposal, the City
reserves the right to award by individual line item, by group of items, or as a total at the City’s discretion. The City
expressly reserves the right to waive any immaterial defect or informality, or reject any or all proposals, or portions
thereof, or reissue this Request for Proposal.
9.
Compliance of Proposal Offeror/Contractor Forms: Any documents or forms (including separate Contract,
maintenance agreement or training agreement) intended by the Offeror to be utilized in any resulting Contract, must
be submitted with proposal. Any documents inconsistent with or taking exception to the terms, conditions,
specifications and/or other requirements stated within this Request for Proposal may cause the proposal to be
considered as nonresponsive and rejected. No documents will be considered unless submitted with vendor’s
proposal Offer and approved by the Procurement Office.
10.
Responsiveness to Specifications: Performance or feature requirements which are designated as mandatory or
minimums are needed in order to satisfy an identified task or performance need. A description is given for each
designated feature. This description shall be used to determine if the Offeror's proposed product(s) and/or service(s)
is/are capable of performing the function(s) specified in the Request for Proposal.
It is recognized that more than one method may be used to accomplish the sought-after task functionality.
If Offeror has an alternate method of performing functional tasks, then Offeror shall list such method as an
"alternate" and described in full detail within the proposal. The City shall be the sole judge as to whether any
alternate methodology will be accepted.
"Must", "shall", "will", "minimum", "required" and/or "mandatory" performance/feature statements must be met or
exceeded by the Offeror. Should no Offeror be found responsive to all designated Request for Proposal
requirements, the City at its option, may either award the Contract to the most responsive Offeror or cancel the
Request for Proposal and issue another Request for Proposal for the need under revised specifications.
RFP# 23-028 FIRE FIGHTER MEDICAL EXAMINATIONS
5 | Page
11.
Questionnaire: Offeror must complete the Questionnaire portion of this Request for Proposal and provide any
documentation required to support the answers. Questionnaire items, which are designated as mandatory, are
needed to satisfy a required task or performance criteria. Items, which may be listed as desirable, are not required
to be responsive to the Request for Proposal and will be relatively evaluated against other proposals in making a
final award decision.
If supporting documentation is required, Offeror shall provide the documentation in the sequence set forth in the
Request for Proposal and ensure all technical literature and/or narrative explanations fully address the specifics of
the question. Vague or disorganized responses that do not allow sufficient information for evaluation purposes may
result in rejection of a proposal.
12.
Clarifications and Negotiations with Offerors and Revisions to Proposal: Clarifications may be made with any
submitting firm at any time during the evaluation phase of this procurement. Clarifications are not negotiations and
may be utilized by the City to ensure thorough and complete understanding of, and responsiveness to, the
solicitation requirements. Negotiations may be conducted with responsible Offerors who submit proposals
determined to be reasonably susceptible of being selected for award. The purpose of negotiations is to allow the
City and the Offeror(s) to revise initial Offers through an exchange or series of exchanges. Should the City elect to
call for best and final offers, Offerors shall be accorded fair and equal treatment with respect to any opportunity for
negotiations and revision of proposals, and such revisions may be permitted after submissions and prior to award.
In conducting clarifications and negotiations there shall be no disclosure of any information derived from proposals
submitted by competing Offerors. The purposes of such negotiations shall include but not be limited to:
A.
Determine in greater detail such Offeror's qualifications;
B.
Explore with the Offeror the scope and nature of the project, the Offeror's proposed method of performance,
and the relative utility of alternate methods of approach;
C.
Determine that the Offeror will make available the necessary personnel and facilities to perform within the
required time; and
D.
Agree upon compensation, which is fair and reasonable, taking into account the estimated value of the
required services, and the scope, complexity and nature of such services.
13.
Proposal Opening: Proposals shall be opened at the time and place designated on the cover page of this Request
for Proposals. The name of each Offeror and the identity of the Request for Proposal for which the proposal was
submitted shall be publicly read and recorded in the presence of witnesses. Proposals, modifications and all other
information received in response to this Request for Proposal shall be shown only to City personnel having a
legitimate interest in its evaluation. Prices shall not be read. After Contract award, the proposals and the evaluation
documentation shall be open for public inspection, except where the City has determined that specific portions of
the proposal are confidential.
14.
Proposal Evaluation and Award: The City shall determine whether a proposal meets the specifications and
requirements of this Request for Proposal, at its sole discretion, and reject any proposals not meeting the intent or
requirements set forth herein. Award shall be made to the responsible Offeror whose proposal is determined in
writing to be the most advantageous to the City, taking into consideration the evaluation factors set forth in the
Request for Proposal. The City shall be the sole judge as to the acceptability of the products and/or services offered.
The City reserves the right to reject any and all proposals.
15.
Proposal Results: Offerors may attend the scheduled proposal opening at which the name of each
Offeror will be publicly read. All other information contained in the proposals shall be kept confidential
until the Contract is awarded. After award of Contract, an appointment may be made with the Procurement
Officer to review proposal documents. Formal Contract award results shall be placed on the Procurement Office
web page (www.tempe.gov/procurement) and posted at the front counter of the Procurement Office at the time
the Contract award is approved by the City Council. Award recommendations may also be viewed via the
City Clerk’s web site normally up to five (5) days prior to the scheduled City Council meeting by visiting
(http://documents.tempe.gov/sirepub/?sort=meet_date.
RFP# 23-028 FIRE FIGHTER MEDICAL EXAMINATIONS
6 | Page
16.
Award of Contract: A proposal shall constitute a binding Offer to Contract with the City based on the terms,
conditions and specifications contained in this Request for Proposal. An Offeror shall become a Contractor only
upon execution of a formal Contract from the Procurement Office. Unless this Request for Proposal includes
separate Contract document(s) or requires the Offeror to submit a Contract for review, a Contract shall be formed
when the Procurement Office provides a written notice of award or a purchase order to the successful Offeror. All
terms and conditions of the Contract are contained herein, unless modified by an amendment approved by the City.
Proposals that take exception to the terms, conditions, specifications and/or other requirements stated within this
Request for Proposal may cause the vendor’s Offer to be considered non-responsive and rejected. Exceptions will
be evaluated on an individual basis to determine compliance with the purpose and intent of the terms and conditions
stated within this solicitation. The City shall be the sole judge as to whether an exception complies with the general
purpose and intent of any term, condition and/or specification set forth herein.
17.
Protests: Any actual or prospective Offeror who is aggrieved in conjunction with this Request for Proposal or award
may protest the award to the Procurement Office. A protest based upon alleged improprieties in this Request for
Proposal that are apparent before the proposal opening shall be filed prior to the proposal due date/time. A protest
concerning an award recommendation must be filed within ten (10) business days after the date of award. Up to
five (5) days before award of a contract, the Procurement Office will post award recommendations on the City Clerks
website at (http://documents.tempe.gov/sirepub/?sort=meet_date) and at the Procurement Office front counter and
web site for public review (www.tempe.gov/procurement). A protest shall be in writing and include the protester’s
name, address and phone number, identification of the solicitation or Contract being protested, a detailed statement
of the legal and factual grounds of the protest, including copies of all relevant documents and the form of relief
requested. A protest is to be on the protester’s company letterhead and signed by the protestor or its authorized
representative.
18.
Tax: Unless specified herein, sales, use or federal excise tax shall not be included in proposal pricing. The City is
exempt from payment of federal excise tax. For proposal evaluation, transaction (sales) privilege tax paid to the
City of Tempe (1.8%) is considered a pass-through cost, calculated as zero ($0) expense when comparing pricing
among competing companies that are not located in Tempe. For information on privilege (sales) tax, please contact
the City's Tax and License Office at (480) 350-2955 or visit their web site at salestax@tempe.gov
19.
Payment: For a single requirement purchase, the City will endeavor to remit payment within thirty (30) calendar
days from receipt and approval of acceptable products, materials and/or services and approval of correct invoice.
For ongoing term Contract purchases, the City will endeavor to remit payment within thirty (30) calendar days from
approval of invoice.
20.
Discounts: Payment discounts periods shall be computed from the date of receipt of acceptable products,
materials and/or services or correct invoice, whichever is later to the date payment is mailed. Discounts shall be
taken on the full amount of the invoice, unless otherwise indicated. The City shall be entitled to receive any discounts
offered by Offeror, if payment is made within the discount period.
21.
Payment by City Procurement Card: The Procurement Office may elect to remit payment through the use of a
City procurement card. Each Offeror may indicate on the Vendor’s Offer Page in this Request for Proposal its ability
to accept City procurement card payments. The inability to accept payment by City procurement card will not
disqualify a proposal.
22.
Code Governance: Unless otherwise specified herein, the provisions of the Tempe City Code, Chapter 26A shall
apply and govern this Request for Proposal.
23.
Public Record: Proposals and all other documents submitted in response to this solicitation shall become the
property of the City and shall be a matter of Public Record available for review following the Contract award.
Material portions of the recommended Offer(s) as determined by the City may be posted to the City’s web site up
to five (5) days prior to the City Council meeting.
24.
Copying Responses: The Offeror hereby grants the City permission to copy all parts of its Offer including, without
limitation, any documents and/or materials copyrighted by the Offeror. The City’s right to copy shall be for internal
use in the evaluating the Offers.
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25.
Late Responses: The Offeror assumes responsibility for having the Proposal submitted on time via e-mail to the
address shown on the front page of this RFP. Any Offers received after the Solicitation Due Date and Time shall
not be considered and will be returned to the Offeror. The Offeror assumes the risk of any delay in the electronic
processing of the supplier’s e-mail through both parties (Supplier and City) networks. Offerors must allow adequate
time to ensure that the e-mail is timely received by the City at the designated e-mail address. All times referenced
are Tempe, Arizona local times. Respondents agree to accept the time and date that is recorded on the received
e-mail as the official time. Any e-mail submissions that are timed at 3:01 or later on the schedule due date will be
considered late and not considered. It is critical to not wait until the last minute to press the send button for
your submittal
26.
Confidential Information and Public Record: After award of a Contract, proposals shall be available for public
inspection, except to the extent that the withholding of information is required or permitted by law. Pursuant to
A.R.S. § 35-214, and 41-1330 et seq., all records relating to the Request for Proposal and Contract shall be subject
to inspection at all reasonable times by the City for five (5) years after completion of the Contract. Such records
shall be produced by Bidder or Contractor at the time and place designated by the City.
A.
If a person believes that an offer or specification contains information that should be withheld as
confidential, a statement advising the procurement officer of this fact shall accompany the submission and
the information shall be so identified wherever it appears. A general statement of confidentiality that is not
appropriately referenced to a specific section of the RFP will not be sufficient to warrant protection by the
City. The confidential portion of the submission must be clearly noted with accompanying justification for
treating the section confidential. Failure of the vendor to appropriately designate confidential information
in this manner will relieve the City of any obligation to protect this information as confidential.
B.
The information identified by the person as confidential shall not be disclosed until the Procurement Office
makes a written determination pursuant to A.R.S. § 121, et seq.
C.
If the City determines to disclose the information, the Offeror shall be informed in writing of such
determination. Notwithstanding the foregoing, following an award of Contract, all proposal response
information shall be available for public inspection.
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Standard Terms and Conditions
Please note that these Standard Terms & Conditions shall be fully complied with by Offeror. Failure to comply with these
requirements may result in rejection of a proposal for non-responsiveness, or cancellation or termination of any awarded
Contract.
1.
Applicable Law: This Contract shall be governed by, and the City and Contractor shall have all remedies
afforded each by the Uniform Commercial Code as adopted in the State of Arizona, except as otherwise provided
in this Request for Proposal and resultant Contract, and all statutes, or ordinances pertaining specifically to the
City. This Contract shall be governed by State of Arizona law and suits pertaining to this Contract may only be
brought in courts located in Maricopa County, Arizona.
2.
Arizona Climate Action Compliance: Offeror shall comply with all applicable standards, laws, rules, orders and
regulations issued pursuant to A.R.S. §49-101, et seq., including but not limited to, Arizona Executive Orders
Nos. 2006-13, 2005-02, and 2010-14 with regard to reducing GHG emissions, increasing energy efficiency,
conserving natural resources and developing renewable energy sources.
3.
Availability of Funds for the Next Fiscal Year: The City's obligation for performance of the Contract is
contingent upon the availability of City, state and federal funds that are allocated or appropriated for payment
obligations of the Contract. If funds are not allocated by the City or available for the continued use or purchase
of services, work and/or materials set forth herein, the City may terminate the Contract. The City will use
reasonable efforts to notify Contractor of such non-allocation affecting the obligations of the Contractor and/or
City. The City shall not be penalized or adversely affected for exercise of its termination rights. Further, the City
shall in no way be obligated or liable for additional payments or other damages as a result of such termination.
No legal liability on the part of the City for any payment may arise for performance under this Contract.
4.
Certification: By signing the “Vendor’s Offer”, the Offeror certifies:
A.
The submission of the vendor’s proposal offer response did not involve collusion or other anti-competitive
practices.
B.
Offeror agrees that it will comply with Section 2-603(5) of the Tempe City Code (“TCC”) and will not refuse
to hire or employ or bar or discharge from employment any person or discriminate against such person
in compensation, conditions, or privileges of employment because of race, color, gender, gender identity,
sexual orientation, religion, national origin, familial status, age, disability, or United States military veteran
status. Offeror further agrees to provide a copy of its antidiscrimination policy to the Procurement Officer
to demonstrate compliance with TCC Section 2-603(5) or attest in writing to its compliance in accordance
with the attached Affidavit of Compliance.
C.
Offeror has not given, offered to give, nor intends to give at any time hereafter any economic opportunity,
future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in
connection with the submitted Offer. Failure to sign the “Vendor’s Offer” or signing it with a false statement
shall void the submitted proposal and any resulting Contract. In addition, the Offeror may be barred from
future proposal and bidding participation with the City and may be subject to such further actions as
permitted by law.
D.
The Offeror agrees to promote and offer to the City only those materials and/or services as stated and
allowed by this Request for Proposal and resultant Contract award. Violation of this condition shall be
grounds for Contract termination by the City.
E.
The Offeror expressly warrants that it has and will continue to comply in all respects with Arizona law
concerning employment practices and working conditions, pursuant to A.R.S. § 23-211, et seq., and all
laws, regulations, requirements and duties relating thereto. Offeror further warrants that to the extent
permitted by law; it will fully indemnify the City for any and all losses arising from or relating to any violation
thereof.
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F.
Contractor agrees and covenants that it will comply with any and all applicable governmental restrictions,
regulations and rules of duly constituted authorities having jurisdiction insofar as the performance of the
work and services pursuant to the Contract, and all applicable safety and employment laws, rules and
regulations, including but not limited to, the Fair Labor Standards Act, the Walsh-Healey Act, and the Legal
Arizona Workers Act (LAWA), and all amendments thereto, along with all attendant laws, rules and
regulations. Contractor acknowledges that a breach of this warranty is a material breach of this Contract
and Contractor is subject to penalties for violation(s) of this provision, including termination of this Contract.
City retains the right to inspect the documents of any and all contractors, subcontractors and sub-
subcontractors performing work and/or services relating to the Contract to ensure compliance with this
warranty. Any and all costs associated with City inspection are the sole responsibility of Contractor.
Contractor hereby agrees to indemnify, defend and hold City harmless for, from and against all losses and
liabilities arising from any and all violations thereof.
G.
If Contractor engages in for-profit activity and has 10 or more employees, and if this Agreement has a
value of $100,000 or more, Contractor certifies it is not currently engaged in, and agrees for the duration
of this Agreement to not engage in, a boycott of goods or services from Israel. This certification does not
apply to a boycott prohibited by 50 U.S.C. § 4842 or a regulation issued pursuant to 50 U.S.C. §
4842. Unless and until the U.S. District Court, District of Arizona’s injunction is lifted, A.R.S. § 35-393.01
is unenforceable.
5.
Commencement of Work: Contractor is cautioned not to commence any work or provide any materials or
services under the Contract until and unless Contractor receives a purchase order, Notice to Proceed, or is
otherwise directed in writing to do so, by the City.
6.
Confidentiality of Records: The Contractor shall establish and maintain procedures and controls that are
acceptable to the City for the purpose of assuring that no information contained in its records or obtained from the
City or from others in carrying out its functions under the Contract shall be used by 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. The 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, unless otherwise agreed to in writing by the City.
7.
Termination for Conflict of Interest: This Contract is subject to the cancellation provisions of A.R.S. § 38-511.
The City may cancel this Contract within three (3) years after its execution, without penalty or further obligation, if
any person significantly involved in initiating, securing, drafting, or creating the Contract for the City becomes an
employee or agent of the Contractor.
8.
Contract Formation: This Contract shall consist of this Request for Proposal and the vendor’s proposal offer
submitted, as may be found responsive and approved by the City. In the event of a conflict in language between
the documents, the provisions of the City’s Request for Proposal shall govern. The City’s Request for Proposal
shall govern in all other matters not otherwise specified by the Contract between the parties. All previous contracts
between the Offeror and the City are not applicable to this Contract or other resultant contracts. Any contracted
vendor documents that conflict with the language and requirements of the City's solicitation are not acceptable and
void the Contract.
9.
Contract Modifications: This Request for Proposal and resultant Contact may only be modified by a written
Contract modification issued by the Procurement Office and counter-signed by the Contractor. Contractors are not
authorized to modify any portion of this solicitation or resulting Contract without the written approval of the
Procurement Office and issuance of an official modification notice.
10.
Contract Administration: The Contractor must notify the designated Procurement Officer from the Procurement
Office for guidance or direction on matters of Contract interpretation or problems regarding the terms, conditions
or scope of this Contract. The Contract shall contain the entire agreement between the City and the Contractor
and the Contract shall prevail over any and all previous agreements, contracts, proposals, negotiations, purchase
orders or master agreements in any form.
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11.
Cooperative Use of Contract: Any Contract resulting from this solicitation shall be for the use of the City of Tempe.
In addition, public and nonprofit agencies that have entered into a Cooperative Purchasing Agreement with the City
of Tempe’s Procurement Division are eligible to participate in any subsequent Contract. Additionally, this Contract is
eligible
for
use
by
the
Strategic
Alliance
for
Volume
Expenditures
(SAVE)
cooperative.
See
http://www.mesaaz.gov/business/purchasing/save for a listing of participating agencies. The parties agree that these
lists are subject to change. Any such usage by other municipalities and government agencies must be in accord with
the ordinance, charter and/or rules and regulations of the respective political entity.
Any orders placed to, or services required from, the successful Contractor(s) will be requested by each participating
agency. Payment for purchases made under this agreement will be the sole responsibility of each participating
agency. The City shall not be responsible for any disputes arising out of transactions made by others. The Contractor
shall be responsible for correctly administering this Contract in accordance with all terms, conditions, requirements,
and approved pricing to any eligible procurement unit.
12.
Dispute Resolution: This Contract is subject to arbitration to the extent required by law. If arbitration is not
required by law, the City and the Contractor agree to negotiate with each other in good faith to resolve any
disputes arising out of the Contract. In the event of any legal action or proceeding arising out of this Contract, the
prevailing party shall be entitled to recover its reasonable attorneys’ fees and costs incurred with said fees and
costs to be included in any judgment rendered.
13.
Billing: All invoices submitted by Contractor for the City's review and approval shall be in itemized form to identify
the specific item(s) being billed. Items must be identified by the name, model number, and/or serial number most
applicable along with the correct unit cost. Any purchase/delivery order issued by the City shall refer to the
Contract number resulting from this Request for Proposal. Separate invoices are required on individual contracts
or purchase orders. Only invoices with items resulting from this Request for Proposal will be accepted for review
and approval by the City.
14.
Estimated Quantities: This Request for Proposal references quantities as a general indication of the City’s needs.
The City anticipates considerable activity resulting from Contracts that will be awarded as a result of this Request
for Proposal; however, the quantities shown are estimates only and the City reserves the right to increase or
decrease any quantities actually acquired, in its sole discretion. No commitment of any kind is made concerning
quantities and Offeror hereby acknowledges and accepts same.
15.
Events of Default and Termination:
A.
In the event a party is in default then the other party may, at its option and at any time, provide written
notice to the defaulting party of the default. The defaulting party will have thirty (30) days from the receipt
of the written notice to cure the default; the thirty (30) day cure period may be extended by mutual
agreement of the parties, but no cure period may exceed ninety (90) days. A default notice will be deemed
to be sufficient if it is reasonably calculated to provide notice of the nature and extent of such default.
Failure of the non-defaulting party to provide written notice of the default does not waive any rights under
the Agreement. The occurrence of any one or more of the following events shall constitute a material
breach of and default under the Contract.
i)
Any failure by Contractor to pay funds or furnish materials, services and/or goods that fail to
conform to any requirement of this Contract or provide personnel that do not meet Contract
requirements;
ii)
Any party’s failure to observe, perform or undertake any provision, covenant or condition of this
Contract to be observed or performed by Contractor or City herein, including but not limited to
failing to submit any report required herein;
iii)
Any failure to make progress in the performance required pursuant to the Contract and/or gives
either party reason to believe that the other party cannot or will not perform to the requirements of
the Contract; or,
iv)
Any failure of Contractor to commence construction, work or services within the time specified
herein, and to diligently undertake Contractor’s work to completion.
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B.
In the event the default has not been corrected to the non-defaulting party’s satisfaction within the cure
time specified, the non-defaulting party, at its option and in addition to any other remedies available by law
or in equity, without further notice or demand of any kind to Contractor, may do the following:
i)
Terminate the Contract;
ii)
Pursue and/or reserve any and all rights for claims to damages for breach or default of the
Contract; and/or,
iii)
Recover any and all monies due from Contractor, including but not limited to, the detriment
proximately caused by Contractor’s failure to perform its obligations under the Contract, or which
in the ordinary course would likely result therefrom, including, any and all costs and expenses
incurred by the City in: (a) maintaining, repairing, altering and/or preserving the premises (if any)
of the project; (b) costs incurred in selecting and retaining a substitute Contractor for the purchase
of services, materials and/or work; and/or (c) attorneys’ fees and costs in pursuing any remedies
under the Contract and/or arising therefrom.
C.
The exercise of any one of the City’s remedies as set forth herein shall not preclude subsequent or
concurrent exercise of further or additional remedies. In addition, the City shall be entitled to terminate
this Contract at any time, in its discretion. The City may terminate this Contract for default, non-
performance, breach or convenience, or pursuant to A.R.S. § 38-511, or abandon any portion of the project
for which services have not been fully and/or properly performed by the Contractor.
D.
Termination shall be commenced by delivery of written notice to Contractor by the City personally or by
certified mail, return receipt requested. Upon notice of termination, Contractor shall immediately stop all
work, services and/or shipment of goods hereunder and cause its suppliers and/or subcontractors to cease
work pursuant to the Contract. Contractor shall not be paid for work or services performed or costs
incurred after receipt of notice of termination, nor for any costs incurred that Contractor could reasonably
have avoided.
E.
The City, in its sole discretion, may terminate or reduce the scope of this Contract if available funding is
reduced for any reason.
F.
Whenever the City in good faith has reason to question Contractor’s intent or ability to perform, the City may
demand that Contractor give a written assurance of its intent and ability to perform. In the event that the
demand is made, and no written assurance is given within the time period required, the City may treat this
failure as an anticipatory repudiation of the Agreement.
16.
Termination for Convenience: The City at its sole discretion may terminate this Contract for convenience with thirty
(30) days advance notice to Contractor. Contractor shall be reimbursed for all appropriate costs as provided for within
the Contract up to the termination date specified.
17.
Gratuities: The City may elect to terminate any resultant Contract, if it is found that gratuities in any form were
offered or given by the Contractor or agent thereof, to any employee of the City or member of a City evaluation
committee with a view toward securing an order, securing favorable treatment with respect to awarding, amending
or making of any determinations with respect to performing such order.
18.
Force Majeure:
A.
Except for payment of sums due, neither party shall be liable to the other nor deemed in default under the
Contract only in the event that and to the extent that such party’s performance of the Contract is prevented
by reason of force majeure. 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, riots, mobilization, labor disputes, civil disorders, fire, floods,
lockouts, injunctions, failures or refusal to act by government authority, and other similar occurrences
beyond the control of the party declaring force majeure which such party is unable to prevent by exercising
reasonable diligence.
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12 | Page
B.
Force majeure shall not include the following occurrences:
i)
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.
ii) Late performance by a subcontractor.
C.
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 of the commencement thereof
and shall specify the causes of such delay in the notice. Such notice shall be hand delivered or sent via
certified mail and shall make a specific reference to this clause, 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 by
hand delivery or certified mail when it has done so. 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 the Contract.
19.
Indemnification: To the fullest extent permitted by law, the Contractor shall defend, indemnify and hold harmless the
City, its agents, officer, officials, and employees from and against all claims, damages, losses and expenses (including
but not limited to attorney's fees, court costs, and the costs of appellate proceedings), arising out of, or alleged to have
resulted from the acts, errors, mistakes, omissions, work, services, or professional services of the Contractor, its
agents, employees, or any other person (not the City) for whose acts, errors, mistakes, omissions, work, services, or
professional services the Contractor may be legally liable in the performance of this Contract. The Contractor’s duty
to hold harmless and indemnify the City, its agents, officers, officials and employees shall arise in connection with any
claim for damage, loss or expense that is attributable to bodily injury, sickness, disease, death, or injury to, impairment,
or destruction of any person or property, including loss of use resulting from, or caused by any acts, errors, mistakes,
omissions, work, services, or professional services in the performance of this Contract by Contractor or any employee
of the Contractor or any other person (not the City) for whose acts, errors, mistakes, omissions, work, or services the
Contractor may be legally liable. The amount and type of insurance coverage requirement set forth herein will in no
way be construed as limiting the scope of indemnity in this paragraph. This provision shall survive the term of this
Contract.
20.
Interpretation of Parole Evidence: This Contract is intended as a final expression of the agreement between the
parties and as a complete and exclusive statement of the Contract unless the signing of a subsequent Contract is
specifically called for in this Request for Proposal. No course of prior dealings between the parties and no usage
of the trade shall be relevant to supplement or explain any term used in the Contract. Acceptance or acquiescence
in a course of performance rendered under this Contract shall not be relevant to determine the meaning of the
Contract, even though the accepting or acquiescing party has knowledge of the nature of the performance and
opportunity to object.
21.
Key Personnel: The Contractor shall provide adequate experienced personnel, capable of and devoted to the
successful accomplishment of work to be performed under this Contract during the Contract term and any renewal
periods. 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 prior written notice to the City.
B.
If key personnel are not available for work under this Contract for a continuous period exceeding thirty (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 replace each person with personnel of substantially
equal ability and qualifications upon prior City approval.
22.
Licenses and Permits: Contractor shall maintain in current status and at its sole expense, all federal, state and
local licenses and permits required for the operation of the business conducted by the Contractor and the provision
of the services to be provided under the Contract.
RFP# 23-028 FIRE FIGHTER MEDICAL EXAMINATIONS
13 | Page
24.
No Assignment: No right or interest in this Contract shall be assigned by Contractor and no delegation of any
duty of Contractor shall be made without prior written permission of the City, which consent may be granted or
withheld in City’s unfettered discretion.
25.
Notices: All notices, requests, demands, consents, approvals, and other communications which may or are
required to be served or given hereunder (for the purposes of this provision collectively called "Notices"), shall be
in writing and shall be hand delivered or sent by registered or certified United States mail, return receipt requested,
postage prepaid, addressed to the party or parties to receive such notice as follows:
City of Tempe Procurement Office
Attn: Procurement Officer
20 E. 6th Street (Second Floor)
PO Box 5002
Tempe, Arizona 85280
[Contractor’s Name]
[Attn of Offeror Named in Contract]
[Address]
Or to such other address as either party may from time to time furnish in writing to the other by notice hereunder.
26.
No Waiver: No breach of default hereunder shall be deemed to have been waived by the City, except by written
instrument to that effect signed by an authorized agent of the City. No waiver of any such breach or default shall
operate as a waiver of any other succeeding or preceding breach or default or as a waiver of that breach or default
after demand by the City for strict performance of this Contract. Acceptance of partial or delinquent payments or
performance shall not constitute the waiver of any right of the City. Acceptance by the City for any materials shall
not bind the City to accept remaining materials, future shipments or deprive the City of the right to return materials
already accepted. Acceptance by the City of delinquent or late delivery shall not constitute a waiver of a later claim
for damages and/or bind the City for future or subsequent deliveries.
27.
Overcharges by Antitrust Violations: The City maintains that, in actual practice, overcharges resulting from
antitrust violations are borne by the City. 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/or services used to fulfill the Contract.
28.
Preparation of Specifications by Persons Other Than City Personnel: No person preparing specifications for
this Request for Proposal shall receive any direct or indirect benefit from the use of these specifications.
29.
Provisions by Law: Each and every provision of law and any clause required by law to be in this 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.
30.
Public Record: After award of Contract, proposal responses shall be considered Public Record and open for public
inspection except to the extent the withholding of information is permitted or required by law. If an Offeror believes
a specific section of its proposal response is confidential, the Offeror shall mark the page(s) confidential and isolate
the pages marked confidential in a specific and clearly labeled section of its proposal response. The Offeror shall
include a written statement as to the basis for considering the marked pages confidential and the Procurement
Office will review the material and make a determination, pursuant to A.R.S. §§ 39-121, et seq., and 41-151, et seq.
A general statement of confidentiality (boiler plate statement) that is not appropriately referenced to a specific
section of the RFP will not be sufficient to warrant protection by the City. The confidential portion of the submission
must be clearly noted with accompanying justification for treating the section confidential. Failure of the vendor to
appropriately designate confidential information in this manner will relieve the City of any obligation to protect this
information as confidential.
31.
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.
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14 | Page
32.
Records: Pursuant to provisions of Title 35, Chapter 1, Article 6 Arizona Revised Statutes §§ 35-214 and 36-215,
Contractor shall retain, and shall contractually require each subcontractor to retain, all books, accounts, reports,
files and other records relating to the acquisition and performance of the Contract for a period of five (5) years after
the completion of the Contract. All such documents shall be subject to inspection and audit at reasonable times.
Upon request, a legible copy of any or all such documents shall be produced at the offices of the City Attorney or
Procurement Office.
33.
Relationship of Parties: It is clearly understood that each party to this Contract will act in its individual capacity
and not as an agent, employee, partner, joint venture, or associate of the other party. The Contractor is an
independent Contractor and shall be solely responsible for any unemployment or disability insurance payments, or
any social security, income tax or other withholdings, deductions or payments that may be required by federal, state
or local law with respect to any compensation paid to the Offeror. An employee or agent of one party shall not be
an employee or agent of the other party for any purpose whatsoever.
34.
Rights and Remedies: No provisions of this Request for Proposal or in the proposal shall be construed, expressly
or by implication, as a 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 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, shall not release the Contractor from any responsibilities or obligations imposed by the 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.
35.
Specially Designated Nationals and Blocked Persons List: Contractor represents and warrants to the City that
neither Contractor nor any affiliate or representative of Contractor:
A.
Is listed on the Specially Designated Nationals and Blocked Persons List maintained by the Office of
Foreign Asset Control, Department of the Treasury (OFAC) pursuant to Executive Order no. 13224, 66 Fed.
Reg. 49079 (“Order”);
B.
Is listed on any other list of terrorists or terrorist organizations maintained pursuant to the Order, the rules
and regulations of OFAC or any other applicable requirements contained in any enabling legislation or other
related Order(s);
C.
Is engaged in activities prohibited in the Order; or,
D.
Has been convicted, pleaded nolo contendre, indicted, arraigned or custodially detained on charges
involving money laundering or predicate crimes to money laundering.
36.
Work for Hire and Ownership of Deliverables: Contractor hereby agrees and covenants that all the results and
proceeds of Contractor’s work and/or services for the Project specified herein, for Contractor and all of its agents,
employees, officers and subcontractors, shall be owned by the City, including the copyright thereto, as work for
hire. In the event, for any reason such results and proceeds are not deemed work for hire, Contractor agrees and
covenants that it shall be deemed to have assigned to the City all of its right, title and interests in such results,
proceeds and content to the City, without limitation. Contractor agrees to indemnify and hold the City harmless
from and against all claims, liability, losses, damages and expenses, including without limitation, legal fees and
costs, arising from or due to any actual or claimed trademark, patent or copyright infringement and any litigation
based thereon, with respect to any work, services and/or materials contemplated in this Contract. Contractor agrees
to pay to defend any and all such actions brought against the City. Contractor’s obligations hereunder shall survive
acceptance by the City of all covenants herein as well as the term of the Contract itself.
37.
Non-exclusive Contract: Any Contract resulting from this Request for Proposal shall be awarded with the
understanding and agreement that it is non-exclusive and entered into for the sole convenience of the City. The
City reserves the right to obtain like goods or services from another source.
38.
Ordering Process: Upon award of a Contract by the Procurement Office, the City may procure the specific material
and/or service awarded by the issuance of a purchase order to the appropriate Contractor. Each purchase order
must cite the correct Contract number. Such purchase order is required for the City to order and the Contractor to
deliver the material and/or service.
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15 | Page
39.
Delegated Awards: In the event this Contract is administratively awarded via delegated authority as provided for
in Section 26A-5 of the Procurement Ordinance, the Contractor acknowledges that a final Contract with the City of
Tempe requires City Council approval and possibly the signature of the Mayor. Should this Contract be rejected by
the City Council, Contractor agrees that it is immediately void and unenforceable against any party. The awarded
firm(s) will be compensated only for any and all costs incurred up to the date of notification of such termination.
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Special Terms & Conditions and Instructions
Proposals taking exception to Special Terms & Conditions and Instructions stated within this Request for Proposal may
cause the Proposal to be considered nonresponsive and rejected.
1.
City Procurement Document: This Request for Proposal is issued by the City. No alteration of any portion of this
Request for Proposal by an Offeror is permitted and any attempt to do so shall result in vendor’s proposal Offer
being considered nonresponsive and rejected. No alteration of any portion of a resultant Contract is permitted
without the written approval of the Procurement Office and any attempt to do so shall be considered a breach of the
Contract. Any such action is subject to the legal and contractual remedies available to the City inclusive of, but not
limited to, Contract termination and/or suspension of the Contractor.
2.
Offer Acceptance Period: To allow for an adequate evaluation, the City requires the vendor’s proposal Offer in
response to this Request for Proposal to be valid and irrevocable for ninety (90) days after the proposal due time
and date.
3.
Contract Type: Term with justifiable price adjustments allowed, indefinite quantity.
4.
Term of Contract: The term of the Contract shall commence on the date of award and shall continue for a period
of two (2) years thereafter, unless terminated, canceled or extended as otherwise provided herein.
5.
Contract Renewal: The City reserves the right to unilaterally extend the period of any resultant Contract for ninety
(90) days beyond the stated term. In addition, the City at its option may renew for supplemental terms of up to a
maximum of three (3) additional years. The period for any single renewal increment shall be determined by the
Procurement Office. Such increment shall not be for more than a period of one (1) year each unless the City is
eligible to obtain a significant cost and/or supply advantage by a longer Contract renewal period.
6.
Pricing: Pricing accuracy and completeness are critical to the determination of an award. Offeror shall identify and
price all items being proposed.
7.
Price Adjustment:
A.
The Procurement Office will review fully documented requests for price increases after the Contract has
been in effect for twelve (12) months. The requested price increase must be based upon a cost increase
that was clearly unpredictable at the time of the Proposal and can be shown to directly affect the price of
the item concerned. The Procurement Office will determine whether the requested price increase, or an
alternative option, is in the best interest of the City. Advanced thirty (30) day written notification by
Contractor is required for any price changes. All price adjustments will be effective on the first day of the
month following approval or acceptance by the Procurement Office. After the City approves a price increase
the Contractor shall not be eligible to receive an additional increase until twelve (12) months from the date
of the last approved price increase.
B.
Price increase requests must be acknowledged in writing by the Procurement Office before becoming
effective. If not acknowledged within thirty (30) days, Contractor shall contact the Procurement Office to
ensure the price increase request was received.
C.
The Contractor shall offer any published price reduction or if applicable to the Contract, profit sharing price
advantage to the City concurrent with its announcement to other customers. A price reduction or profit-
sharing price advantage may be offered at any time during the term of an awarded Contract and shall
become effective upon notice and acceptance. The City shall likewise be given any special sales discounts
offered to the general public, which exceed contracted price discounts extended to the City by the
Contractor.
8.
Payments - After Monthly Statement: Payment in full shall be made to the Contractor within thirty (30) days after
receipt and approval of monthly itemized statement, unless terms other than net thirty (30) days are offered as a
discount, at the City’s sole discretion.
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9.
Insurance:
A.
Insurance Required: Prior to commencing services under this Contract, Contractor shall procure and
maintain for the duration of the Contract insurance against claims for injuries (including death) to persons
and damages to property, which may arise from or in connection with the performance of the work
hereunder by the Contractor, its agents, representatives, employees, subcontractors, or sub-
subcontractors. For Offerors with self-insurance, proof of self-insurance with minimum limits expressed
below must be submitted on proper forms for evaluation prior to award of Contract.
A Contract Award Notice or Purchase Order will not be issued to the Contractor until receipt of all required
insurance documents by the Procurement Office with such documents meeting all requirements herein. In
addition, before any Contract renewal, all required insurance must be on file with the Procurement Office.
Contractor must submit required insurance within ten (10) calendar days after request by the Procurement
Office or the award may be rescinded and another Offeror selected for award.
B.
Minimum Limits of Coverage: Without limiting any obligations or liabilities, the Contractor, at its sole
expense, shall purchase and maintain the minimum insurance specified below with companies duly
licensed or otherwise approved by the State of Arizona, Department of Insurance and with forms
satisfactory to the City. Each insurer shall have a current A.M. Best Company, Inc., rating of not less than
A-VII. Use of alternative insurers requires prior approval from the City.
i.
Minimum Limits of Insurance. Contractor shall maintain the following minimum limits:
a. Commercial General Liability
Commercial general liability insurance limit of not less than $1,000,000 for each occurrence, with
a $2,000,000 general aggregate limit. The general aggregate limit shall apply separately to the
services under this Contract or the general aggregate shall be twice the required per occurrence
limit. The policy shall be primary and include coverage for bodily injury, property damage, personal
injury, products, completed operations, and blanket contractual coverage, including but not limited
to the liability assumed under the indemnification provisions of this Contract which coverage will be
at least as broad as Insurance Service Office policy form CG0001 or its equivalent.
In the event the general liability policy is written on a "claims made" basis, coverage shall extend
for two (2) years past completion and acceptance of the services as evidenced by annual
certificates of insurance. In addition, the retro date shall be no later than the start date of the
contract. The retro date shall be disclosed on the certificate of insurance.
Such policy shall contain a "severability of interests" provision.
b. Worker’s Compensation
The Contractor shall carry worker’s compensation insurance to cover obligations imposed by
federal and state statutes having jurisdiction of Contractor employees engaged in the performance
of services; and employer’s liability insurance of not less than $100,000 for each accident, $100,000
disease for each employee and $500,000 disease policy limit.
In cases when services are subcontracted, the Contractor will require the subcontractor to provide
worker’s compensation and employer’s liability to at least the same extent as provided by
Contractor.
c. Automobile Liability
Commercial business automobile liability insurance with a combined single life or bodily injury and
property damages of not less than $1,000,000 per accident regarding any owned, hired, and non-
owned vehicles assigned to or used in performance of the Contractor services. Coverage will be
at least as broad as coverage Code 1 "any auto". Insurance Service Office policy form CA0001
Y87 or any replacements thereof. Such coverage shall include coverage for loading and unloading
hazards.
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C.
Additional Insured: The insurance coverage, except for workers compensation and professional liability
coverage, required by this Contract, shall name the City, its agents, representatives, directors, officials,
employees, and officers, as additional insureds, and shall specify that insurance afforded the Contractor
shall be primary insurance. The additional insured wording on the commercial general liability policy will
be at least as broad as Insurance Services Office policy forms CG2010 04/13 edition and CG2037 04/13
edition or their equivalent. The additional insured wording on the automobile liability policy will be at least
as broad as Insurance Services Office policy form CA 20 48 or its equivalent. This provision and the naming
of the city as an additional insured shall in no way be construed as giving rise to responsibility or liability of
the City for applicable deductible amounts under such policy(s).
D.
Coverage Term: 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 by the City. Failure to do so shall constitute a material breach of this Contract.
E.
Primary Coverage: Contractor’s insurance shall be primary insurance to the City, and any insurance or
self-insurance maintained by the City shall not contribute to it.
F.
Claim Reporting: Any failure to comply with the claim reporting provisions of the policies or any breach of
a policy warranty shall not affect coverage afforded under the policy to protect the City.
G.
Waiver: The policies, including 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 work or services of the Contractor.
H.
Deductible/Retention: The policies may provide coverage which contain deductibles or self-insured
retentions. Such deductible and/or self-insured retentions shall be disclosed by the contractor and shall
not be applicable with respect to the coverage provided to the City under such policies. Contractor shall
be solely responsible for deductible and/or self-insurance retention and the City, at its option, may require
Contractor to secure the payment of such deductible or self-insured retentions by a surety bond or an
irrevocable and unconditional letter of credit.
I.
Certificates of Insurance: Prior to commencing work or services under this Contract, Contractor shall
furnish the City with certificates of insurance, or formal endorsements as required by the Contract, issued
by the 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. Such certificates shall identify this Contract
number or name and shall provide for not less than thirty (30) days advance notice of cancellation,
termination, or material alteration. Such certificates shall be sent directly to: Contract Administrator, City of
Tempe, P. O. Box 5002, Tempe, AZ 85280.
J.
Copies of Policies: The City reserves the right to request and to receive, within ten (10) working days,
certified copies of any or all of the above policies and/or 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.
10.
Professional Liability: The Contractor shall maintain professional liability insurance covering errors and omissions
arising out of the services performed by the Contractor and/or any person(s) employed by it, with an unimpaired
limit of not less than $1,000,000 each claim and $1,000,000 all claims. In the event the insurance policy is written
on a "claims made" basis, coverage shall extend for two years past completion and acceptance of services as
evidenced by annual certificates of insurance provided by Contractor to the City. In addition, Contractor shall
maintain property coverage on an all-risk, replacement cost basis in an amount established by the City with valuable
papers insurance sufficient to assure the restoration of any documents, memoranda, reports, or other similar data
relating to the services of the Contractor used in the completion of this Contract.
11.
Sub-Contractor(s): The City reserves the right to approve all sub-contractors. Contractor is responsible for all actions
of sub-contractors. Contractor shall name sub-contractors as additionally insured, in addition to the City on all required
insurance documents.
RFP# 23-028 FIRE FIGHTER MEDICAL EXAMINATIONS
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12.
Safety, Health and Sanitation: The Contractor shall provide and maintain in a neat, sanitary condition such facility
accommodations for the use by their employees as may be necessary to comply with the requirements and regulations
of the Arizona State Department of Health or as specified by the Maricopa County Health Department, Sanitary Code.
The Contractor shall be fully responsible for the safety of their employees, the public and property in connection with
the performance of the work covered by this Contract. The Contractor shall provide all safeguards, safety devices and
protective equipment and be responsible for taking any needed actions to protect the life and health of their employees
and the public during work activity. The Contractor shall also take any necessary actions as directed by the City Project
Manager to reasonably protect the life and health of employees on this job and others coming into contact with the job
site. Precaution shall be exercised by the Contractor at all times for the protection of persons (including employees)
and property. The Contractor shall comply with the provisions of all applicable laws, pertaining to such protection
including all Federal and State Occupational Safety and Health Acts, and Standards and Regulations promulgated
there under.
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Scope of Work
The City of Tempe (City) is seeking proposals from qualified providers to establish a contract for Firefighter and SWAT
Officer Medical Examinations. Using NFPA standard 1582 requirements as the baseline minimum, the City wants to include
innovative testing to capture occupational illnesses early to counter the long-term costs of treatments. Ultimately, an annual
physical that focuses on prevention, early recognition and maintaining optimal health for the duration of one’s career.
The resulting contract will be for in initial term of one year with four, one year renewal options.
The Tempe Fire Medical Rescue Department (TFMRD) has approximately 170 employees that will require exams on an
annual basis. In addition, pre-employment medical exams will be required for approximately 10 - 20 new hires per year.
Approximately 15 non-sworn employees will require physicals every two (2) years.
The Tempe Police Department (TPD) has approximately 32 SWAT officers that will receive physicals every other year.
Contractor Qualifications
1. The Contractor shall have knowledge and experience with and comply with federal, state, Local, American National
Standards Institute (ANSI), Occupational Safety & Health Administration (OSHA), National Registry of Certified
Medical Examiners, laws, rules and regulations and all of other applicable regulations for the term of this contract.
2. The Contractor, without additional expense to the City, shall be responsible for obtaining and maintaining any
necessary licenses and permits required in connection with the completion of the required services herein.
3. The Contractor should have specialization relevant to fire service as well as knowledge of job-related activities,
physical demand of occupation and stress associated with fire service.
4. The Contractor must be knowledgeable of OSHA regulations, hazardous materials, toxicology, firefighter personal
protective equipment including use of air purifying respirator and self-contained breathing apparatus, and blood
borne pathogens, and familiar with health and safety issues associated with fire service employment.
5. The Contractor must not subcontract any segment or services covered herein, without prior approval of the Contract
Administrator. All subcontractors used under the scope of this contract shall meet all requirements, terms and
conditions set forth herein. All subcontracted services shall be warranted by and be the responsibility of the
Contractor.
6. The Contractor shall have and maintain an adequate staff of experienced personnel capable of the successful
accomplishment of work to be performed under this contract. At a minimum, one (1) Licensed Physician with at
least two (2) years’ experience in the treatment of occupational medicine and with the administration of physical
examinations and tests required herein. The Contractor shall maintain an accredited or credited audiologist or
technician to perform hearing tests. The Contractor shall have a qualified technician or licenses optometrist to
perform visual acuity, field of vision, and the ability to recognize colors. The Contractor shall maintain these minimum
staffing requirements throughout the term of this contract and all applicable extensions.
7. The Contractor shall maintain the privacy and confidentiality of any protected health information examined or
obtained during the course of performance of this contract and execute a Business Associate Agreement as
required under the Health Insurance Portability and Accountability Act of 1996 (HIPAA).
Contractor Service Requirements
1. The Contractor shall provide annual medical exams and reporting of results for 170 TFMRD employees with an
additional 15 TFMRD employees on a semi-annual basis and provide physicals for 32 SWAT officers every other
year.
2. The Contractor shall provide pre-employment medical exams and reporting of results for approximately ten (10) to
twenty (20) new TFMRD hires per year.
RFP# 23-028 FIRE FIGHTER MEDICAL EXAMINATIONS
21 | Page
a. The Contractor shall have the ability to examine at minimum, four (4) crew members within a four (4) hour
timeframe, with a maximum amount of eight (8) crew members per ten (10) hour day for the current fiscal
year but may change annually due to scheduling and impact on Operations of the Department. Pre-
employment medical examinations may be required at any time during the year.
3. The Contractor shall at a minimum, follow the most current NFPA 1582 Standard on Comprehensive Occupational
Medical Program for Fire Departments.
4. The Contractor must be able to perform blood draws on-site at City of Tempe Fire Stations or provide a reasonable
and convenient alternative location for blood draws, located within the City of Tempe.
5. The Contractor shall provide above standard customer service to TFMRD employees by providing an excellent
personal experience by having clear communication skills, being attentive, knowledgeable and establish a relaxed
presence while working directly with employee.
6. The Contractor shall have the ability to successfully interact with other medical professionals.
7. The Contractor shall be able to maintain all medical records pertaining to employee, and if required, be able to
transfer these records to a new provider at the end of this contract.
8. The Contractor shall have the ability and may be required to explain and support medical decisions, as needed or
requested by the City, including during any administrative and/or judicial proceedings related to the same.
Medical Exam Requirements
1. The Contractor shall NOT require family medical history or genetic information from the TFMRD employee being
evaluated, during any pre-employment or annual physicals.
2. Age, race or gender shall NOT be considered as the basis for any decision including but not limited to, ordering any
required and/or involuntary test of the TFMRD employee being evaluated.
3. The physician shall make an independent medical assessment based upon a reasonable degree of medical
certainty about whether the candidate being evaluated can safely perform the essential functions of the TFMRD
position.
4. The Contractor shall provide the following minimum requirements of OSHA standards, medical screening and
surveillance requirements for TFMRD employees during the medical exam:
a. Respiratory Questionnaire and Personal Medical History (annual and pre-employment medical exams).
The Contractor’s questionnaire shall meet “Respirator Questionnaire 1910.134 App. C and OSHA 1910.120
(f))” and shall include at a minimum, the following:
i. Special emphasis on symptoms related to the handling of hazardous substances and known health
hazards to assess fitness for duty.
ii. The firefighter’s ability to wear required PPE, specifically SCBA, under hazardous conditions (i.e.,
temperature extremes) that may be expected at the work site.
iii. Personal Medical history shall include, at a minimum, a medical and work history (or updated history
if one is in the employee’s file) with special emphasis on symptoms related to the handling of
hazardous substances and health hazards.
iv. Genetic or family medical history shall not be requested from the fire fighter being evaluated.
RFP# 23-028 FIRE FIGHTER MEDICAL EXAMINATIONS
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b. Physical Examination (Annual and Pre-employment medical exams)
The Contractor’s exam shall meet “(1910.120(f)(4)(ii), (referenced OSHA Guidance Manual for Hazardous
Waste Site Activities, chapter 5, attached at Exhibit “C”)” and shall include at a minimum, the following:
i. Vital Signs:
1. Height
2. Weight
3. Temperature
4. Pulse
5. Blood Pressure
ii. Inspection of:
1. Head
2. Eyes
3. Ears
4. Nose
5. Throat
6. Neck
iii. Inspection, auscultation, percussion and palpation of the following:
1. Cardiovascular
2. Pulmonary
3. Gastrointestinal
iv. Inspection of Lymph Nodes
v. Neurological general assessment of major cranial/peripheral nerves (motor, sensory, reflexes)
vi. Musculoskeletal assessment of overall range of motion of all joints
c. Vision Exam (Annual and Pre-employment medical exams)
Because vision quality is essential to safety, the accurate reading of instruments and labels and for the
avoidance of physical hazards, as well as appropriate response to color-coded labels and signals. The
Contractor’s exam shall meet “(referenced OSHA Guidance Manual for Hazardous Waste Site Activities,
chapter 5)” and include at the minimum, the following:
i. Measure of refraction
ii. Measure of depth
iii. Measure of perception
iv. Measure of color vision
d. Hearing Conservation Program Requirements (Annual and Pre-employment medical exams)
The Contractor shall be capable of providing hearing tests, training and records maintenance for an OSHA
Hearing Conservation Program. This shall include at the minimum, the following:
i. Baseline hearing tests – Pre-employment exam only
ii. Annual audiograms
iii. Retesting and confirmation of standard threshold shifts as necessary
iv. Notifications of hearing shifts as prescribed by OSHA 29 CRF 1910.95
RFP# 23-028 FIRE FIGHTER MEDICAL EXAMINATIONS
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The Contractor’s exam shall meet OSHA 29 CFR 1910.95 – Hearing and Conservation Standards and the
Contractor shall provide a description of audio booth to be used for testing, reporting process and
recordkeeping.
The Contractor shall compare the employee’s annual audiogram to the most recent baseline test to identify
any OSHA defined hearing threshold shift. If the annual audiogram indicates a standard threshold shift, a
confirmatory retest shall be conducted per 29 CFR 1910.95(g)(7)(ii).
The Contractor shall notify the Safety/Wellness Coordinator of any OSHA defined threshold shifts and
provide them with written documentation about the results.
e. Labs (Annual and Pre-employment medical exams)
The Contractor’s lab test shall meet “(OSHA 29 CFR 1910.120(f)(4)(ii), referenced OSHA Guidance Manual
for Hazardous Waste Site Activities, chapter 5)” and shall include at the minimum, the following:
i. CBC – Complete Blood Count
ii. Urinalysis – Urine test indict normal metabolic function and/or indicate toxic substances and other
possible health issues. We require a detailed urinalysis processed through a laboratory.
iii. Comprehensive Metabolic Panel – a broad medical screening tool which checks kidney function,
liver function, and electrolyte and fluid balance.
iv. Lipid Panel
f.
Infectious Disease Prevention (Annual and Pre-employment medical exams)
The Contractor’s infectious disease prevention shall meet “(OSHA Blood Borne Pathogen Standard CFR
1910.1030 (f)” and shall include at a minimum, the following:
i. PPD Skin Test – tuberculosis screening test
ii. Vaccination – as needed or following occupational exposure
1. Hepatitis B
2. Antibody Titer Test – as needed for pre-employment exam)
3. Other vaccinations at the recommendation of physician (i.e. Td/Tdap)
g. Pulmonary Testing (Annual and Pre-employment medical exams)
The Contractor shall be capable of administration and evaluation of a respirator medical questionnaire and
pulmonary function testing in conformance with OSHA Respiratory Protection Standard 1910.134. This
program shall consist of the minimum requirements below:
i. OSHA Respirator Questionnaire
ii. Pulmonary Function Test – measurement should include FEV, FVC, and FEV1 – to – FCV ratio
iii. Contractor shall have a spirometer available at each facility for pulmonary function testing.
iv. A licenses physician or other licensed health care professional that has successfully completed a
National Institute for Occupational Safety and Health (NIOSH) approved pulmonary function-
training course shall perform spirometry testing.
v. The Contractor shall supply all ancillary supplies such as spirometry mouthpieces, etc. to perform
the spirometry testing and any medical evaluation at no additional cost to the City.
h. Test to determine the Ability to Perform while wearing Protective Equipment (Annual and Pre-employment
medical exams)
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The Contractor’s tests that determine an employee’s ability and/or capacity to perform while wearing
protective equipment shall meet “(1910.120(f)(ii), referenced OSHA Guidance Manual for Hazardous Waste
Site Activities, chapter 5)” and shall include at a minimum, the following:
i. Electrocardiogram – 12-lead resting
ii. Electrocardiogram “stress” test – (referenced OSHA Guidance Manual for Hazardous Waste Site
Activities, chapter 5) Performed at the discretion of the physician.
i.
Chest X-ray (Annual and Pre-employment medical exams)
Chest x-ray view (posterior/anterior) every four (4) years or as indicated by a physician shall meet OSHA
CFR 1910.134 and CFR 1910.120 (f), referenced OSHA Guidance Manual for Hazardous Waste Site
Activities, chapter 5 NOT and shall be repeated more than once a year.
j.
Treadmill Stress Test (Pre-employment medical exams only)
k. Complete return to work evaluations for employees returning from extended leave.
l.
Additional testing based on the discretion of the examining physician in order to make a medical
determination of fit for duty and to determine if the employee is at an increased health risk from working in
hazardous environment or emergency response from respirator use.
m. If additional tests are required, the Contractor must notify the Contract Administrator so arrangements can
be made with the necessary medical providers.
Medical Reporting Requirements
1. The Contractor shall provide a yearly aggregate medical report to the Personnel and Professional Development
Deputy Chief. Information collected is based on health risk factors such as weight, blood pressure, cholesterol, and
other non-identifiable data from exams. This report will be used for future wellness programming topics to benefit
employees.
2. The Contractor shall provide the employees with an exam report that details the results of their tests and if required,
patient instructions for specialist visits and detailed tests required by physician. The report shall be easy to read
and follow for the employee. The Contractor must provide an example of patient instructions and/or report given to
employee. The report shall include, at a minimum, the following:
a. Employee name
b. Date of exam
c. Name of Examiner
d. Results of examination, labs and tests
e. Recommendations for further test(s) if required
f.
Employee and physician signature
3. All medical exams provided to the City firefighters and potential City firefighters shall have properly maintained
medical notes and documentation that meet OSHA medical surveillance requirements.
4. The Contractor shall document in medical notes, when necessary, reasoning behind further testing, to determine
the employee Fit for Duty and shall be based on the following:
a. Updated medical history
b. Exposure level of hazardous material
c. Results from tests that could indicate chronic illness.
RFP# 23-028 FIRE FIGHTER MEDICAL EXAMINATIONS
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5. Upon completion of any Pre-employment medical exam, the Contractor shall provide the following mandatory forms
to the Deputy Chief of Personnel and Professional Development:
a. A completed Pre-Employment Medical Examination Results Form indicating whether or not the candidate
meets the medical and physical requirements for acceptance as a firefighter recruit, and
b. A completed Public Safety Personnel Retirement System (PSPRS) Pre-existing Condition Report indicating
whether or not the recruit has a pre-existing medical condition(s) that could impact disability retirement
benefits.
6. Upon completion of any firefighter Annual medical exam, the Contractor will complete the a “Medical Examination”
form as agreed upon by the Contractor and the Contract Administrator attached as and certify that based on an
employee’s job duties, the employee is medically and physically able to perform those job duties. The completed
form will be sent to the Deputy Chief of Personnel and Professional Development with the TFMRD within twenty-
four (24) hours.
7. The completion of these forms shall be supplied and completed at no additional charge to the City.
8. The Contractor shall develop and maintain a patient portal for employees to review their medical information.
Specimen Collection for Drug and Alcohol Testing
1. The Contractor must supply all necessary equipment, supplies and personnel to provide drug and alcohol collection
services.
a. The Contractor will provide personnel that are Urine and Alcohol Certified Collectors.
b. Specimens will be sent to a testing laboratory specified by the City.
c. Chain of Custody forms will be provided to the contractor by the City.
d. Laboratory results will be reported to the City of Tempe’s Third-Party Administrator (TPA) for drug and
alcohol testing programs, not the contractor. The TPA will be responsible for Medical Review, reporting
results to the City and processing laboratory billing.
Facility Requirements
1. The Contract shall be located within Tempe city limits or no more than ten miles outside Tempe city limits.
“Return this Section with your Response”
RFP# 23-028 FIRE FIGHTER MEDICAL EXAMINATIONS
26 | Page
Proposal Questionnaire
Questionnaire responses and supporting documentation provided will be used to evaluate the proposal. In order to evaluate
an Offeror’s overall experience and competence to perform the Scope of Work described herein, the City may rely on
additional resources beyond the information provided.
1. Provide a brief history of your firm to include the number of years in business and the types of services your firm
provides.
2. Identify the facilities that will be used to perform the services covered by the scope of work. Include the office hours
and physical address for each location. List each facility’s capabilities (i.e. laboratory, imaging, stress test, etc.)
3. Describe your firm’s accreditations and affiliations.
4. Describe any previous experience your firm has performing work similar to the size and scope of the work.
5. Demonstrate an understanding of the scope of work herein and demonstrate your ability to successfully provide the
required services.
6. Describe your knowledge with Fire Service and SWAT safety and health.
7. Identify the key issues and potential obstacles with respect to the scope of work. Provide your methodology to
address and overcome all identified issues and obstacles.
8. Provide a comprehensive description of all services that shall be provided.
9. Describe your office facilities by providing the following information for each location:
a. Approximate size (square footage) of facility
b. Length of time your firm has been at this location
c. Whether or not facility is owned or leased? If leased, state the length of the lease, expiration date and/or
options to extend the lease.
d. Number of exam rooms at the facility
e. Number of medical staff and qualifications at the facility
f.
Details of testing equipment used during exam to include description, year, make and model
g. Lab equipment at this facility
h. List the procedures for the required exam in this solicitation that could be performed at this facility.
10.
Provide an organizational chart that identifies key project personnel by name, title and contact information.
11.
Describe the specialties and certifications of the physician(s) who will be assigned to this contract.
12.
Describe in detail the knowledge, experience and expertise of current staff in regard to OSHA standards/regulations
and testing practices.
13.
Describe your firm’s ability to expedite members’ exams and reduce wait times.
14.
Describe your firm’s method of approach conducting the Fire Fighters medical examination in accordance with the
Scope of Work.
15.
Identify all sub-contractors that will be used in completion of this contract and the tasks they will be providing.
16.
Describe how account coordination between the Contractor and the Deputy Chief of Personnel and Professional
Development will be accomplished.
“Return this Section with your Response”
RFP# 23-028 FIRE FIGHTER MEDICAL EXAMINATIONS
27 | Page
17.
Describe your firm’s use of electronic record keeping and how members can access their records for follow-up..
18.
Describe your firm’s procedures regarding data security.
19.
Describe your firm’s confidentiality policy and procedures.
20.
Describe your firm’s approach for assessing members that present heightened risk levels for stress and/or
occupational related PTSD.
21.
What is your firm’s approach for addressing members presenting signs, symptoms, and preventative measures for
cancer and cardiovascular disease?
22.
Describe your firm’s method of invoicing and resolving discrepancies.
23.
Provide at least three (3) Arizona customers for which your firm has provided work similar to the size and scope
identified herein during the past three (3) years. References to include the following:
a. Organization name
b. Contact name
c. Contact phone number
d. Contact email address
e. Description and dates of services provided and size
24.
Provide samples of the documentation that will be utilized by your firm to complete the scope of work as listed
herein. Sample reports should include the following:
a. Yearly department aggregate report
b. Employee’s Examination Report
c. Personal Medical History and Respirator Questionnaire Form
d. All paperwork that employee will be asked to sign with respect to physical exams including, but not limited
to, any liability waivers. If waivers or other documents are required, a full explanation of why and when
these are necessary shall be included with samples.
e. Drug and Alcohol testing report
25.
Identify any exceptions taken in regard to the terms and conditions as provided herein. All exceptions shall be
clearly defined, and the changes requested clearly identified in the proposal response. Exceptions taken will be
considered during the evaluation process. If no exceptions are taken, please provide a statement indicating that
your firm accepts the City’s terms and conditions as provided herein.
26.
Has your firm or any of its principals been debarred or suspended from contracting with any public entity?
RFP# 23-028 FIRE FIGHTER MEDICAL EXAMINATIONS
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Evaluation Criteria
Proposals will be reviewed by an Evaluation Committee consisting of City staff using the criteria and process outlined below.
Evaluation Process
1. The Procurement Office will verify that all proposals meet the requirements to be considered responsive.
Responses that do not comply with any mandatory requirements will be considered non-susceptible for award and
not forwarded to the Evaluation Committee for scoring.
2. The Evaluation Committee will review and score all responsive proposals and rank them based on the committee’s
scores. Any proposals determined to score outside of the competitive range may be removed for non-susceptibility.
Remaining Offerors may be invited for interviews, negotiations, site visits and best and final offers as determined
at the sole discretion of the City.
It is important to note that firms may be removed for non-susceptibility anytime during the evaluation process and not just
at the specific points noted above.
Award Criteria
Weight
X
Rating
=
Points
1.
Cost
25
X
=
2.
Fire service knowledge/experience and expertise
20
X
=
3.
Office locations, services and capabilities, subcontractors to be used
and references
20
X
=
4.
OSHA and NFPA knowledge/experience and expertise
15
X
=
5.
Process/procedures/documentation/method of approach
10
X
=
6.
Quality of proposal response; acceptance of the City’s terms and
conditions
5
X
=
Total
=
7.
Interview (If Needed) – the overall quality of the interview will be
evaluated to include the key personnel invited to participate and their
demonstrated knowledge and approach to successfully performing
services
200
Points
=
This proposal will be evaluated on a cumulative point system using the rating scale shown below (fractional points may be
selected within this range).
Scoring
Outstanding
9 - 10
Good
6 - 8
Average
3 - 5
Poor
1 - 2
Not Addressed or Unacceptable
0
To evaluate the cost portion of the above criteria, the City may elect to evaluate each firm on a percentage basis of the
lowest cost offer. The formula would be: (Lowest Priced Offer/Evaluated Firm’s Price) x Points Possible = Evaluation Points.
“Return this Section with your Response”
RFP# 23-028 FIRE FIGHTER MEDICAL EXAMINATIONS
29 | Page
Pricing Section
ITEM DESCRIPTION
UNIT PRICE
1.
Pre-employment Medical Exam
2.
Firefighter Annual Medical Exam
3.
Firefighter Annual Medical Exam (with stress test)
4.
Hepatitis B Vaccination and Titers
5.
Hepatitis C Virus Screen
6.
Antibody Titer Test
7.
Drug and Alcohol Collection Services
•
Collection Fee
•
Laboratory Fee
•
MRO Fee
8.
Chest X-ray
9.
CT Calcium Scoring
10.
Prostate Specific Antigen (PSA)
11.
HIV Screening
12.
Tetanus/Diptheria Vaccine
13.
Measles, Mumps, Rubella (MMR)
14.
Functional Movement Screening
15.
Cancer Identification/Prevention Testing
16.
Return to Work Exams/Physicals
* Applicable Tax %
* State correct jurisdiction to receive sales tax on the Vendor's Offer, included in this Request for Proposal.
Less prompt payments discount terms of % days/ or net thirty (30) days. (To apply after receipt and acceptance of an
itemized monthly statement.) For evaluation purposes, the City cannot utilize pricing discounts based upon payments being
made in less than thirty (30) days from receipt of statement.
“Return this Section with your Response”
RFP# 23-028 FIRE FIGHTER MEDICAL EXAMINATIONS
30 | Page
Ordering and Invoice Instructions
Invoices shall be issued directly to the ordering department. Invoices shall be accurate and complete including the
information shown below. Failure to provide a properly documented invoice may cause a delay in receipt of payment. The
City will not process an invoice for payment until it has been approved by the ordering department and forwarded to Accounts
Payable. The City endeavors to process invoices within 30 days after receipt of an accurate and complete document.
Invoices shall include:
1. Line-item listing of all ordered items to include description of items;
2. Unit cost and extended cost for each line item;
3. Applicable Tax;
4. Payment Terms;
5. Purchase Order Number;
6. Name of selling organization clearly stated on invoice along with address;
7. Phone number and or e-mail address for contact person to clarify invoicing questions;
Invoices that do not follow the above minimum invoicing requirements will not be paid. Payment must be applied to only
invoices referenced on check/payment stub. The City reserves the right to process payments via check or P-Card.
Accounting Contacts:
Carey Alf
Letters A – H and Numbers
Carlene Foster
Letters I – Z
Yesenia Loredo-Flores
General AP Inquiries and AP Checks
“Return this Section with your Response”
RFP# 23-028 FIRE FIGHTER MEDICAL EXAMINATIONS
31 | Page
Vendor’s Offer
Offeror must complete, sign and submit this form to the Procurement Office with the proposal response. An unsigned
“Vendor’s Offer”, late proposal response, and/or a materially incomplete response will be considered nonresponsive and
rejected. Offeror is to type or legibly write in ink all information required below. A scanned copy of this page is acceptable.
Company Name:
Company Purchase Order Mailing Address:
Street Address:
City, State, Zip:
Contact Person:
Phone Number:
E-mail Address:
Cell Number:
Remit to Information
Company Name (as it appears on invoice):
Company Payment Remit to Address:
Street Address:
City, State, Zip:
Company Tax Information
If a Tempe-based firm, provide Tempe Transaction Privilege (Sales) Tax No.:
Payment Options
Will your company accept the City’s Master Card for payment?
Yes
No
Will your company accept Payment via ACH (Automated Clearing House) for payment?
Yes
No
THIS PROPOSAL IS OFFERED BY
REQUIRED SIGNATURE OF AUTHORIZED OFFEROR
By signing this Vendor’s Offer, Offeror acknowledges acceptance of all terms and conditions contained herein and that
prices offered were independently developed without consultation with any other Offeror or potential Offeror. Failure to sign
and return this form with proposal response will be considered nonresponsive and rejected.
Signature of Authorized Offer
Date
Print or Type Name of Authorized Individual
Title of Authorized Individual
“Return this Section with your Response”
RFP# 23-028 FIRE FIGHTER MEDICAL EXAMINATIONS
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Anti-Discrimination Policy
COMPLIANCE WITH CITY’S ANTIDISCRIMINATION
ORDINANCE NO. 02016.25
_________________________________________________
The Tempe City Council approved Ordinance No. 02016.25 that requires vendors who are being recommended for
award to provide evidence of their compliance with the City’s antidiscrimination policy as shown below:
Sec. 2-601. Policy.
It is declared to be the policy for the citizens of Tempe, Arizona, to be free from discrimination in public
accommodations, employment, and housing, and contrary to public policy and unlawful to discriminate against any
person on the basis of race, color, gender, gender identify, sexual orientation, religion, national origin, familial status,
age, disability, or United States military veteran status, in places of public accommodation, employment, and
housing; and contrary to the policy of the city and unlawful for vendors and contractors doing business with the city
to discriminate, as set forth in this article.
Sec. 2-603. Unlawful Practices.
The following shall constitute a violation of this article:
For a city vendor or city contractor, because of race, color, gender, gender identify, sexual orientation, religion,
national origin, familial status, age, disability, or United States military veteran status, to refuse to hire or employ or
bar or discharge from employment any person, or to discriminate against such person in compensation, conditions,
or privileges or employment. City vendors and contractors of fifteen (15) or more employees shall provide a copy of
its antidiscrimination policy to the Procurement Officer to confirm compliance with this article. Employers having
fourteen (14) or less employees may attest in writing to compliance with this article.
Vendor Requirements
Vendors who have fifteen (15) or more employees shall include with their bid/proposal submittal a copy of its
antidiscrimination policy that must mirror the City’s policy as stated above. Suppliers who have fourteen (14) or less
employees may include their antidiscrimination policy or complete a written affidavit of compliance per the attached.
To be completed by responding company and returned with submittal:
_____
Our company has 15 or more employees and has included its antidiscrimination policy that mirrors the
City’s policy;
_____
Our company has fourteen (14) or less employees and is attaching the signed AFFIDAVIT OF
COMPLIANCE WITH TEMPE CITY CODE CHAPTER 2 ARTICLE VIII SECTION 2-603(5).
Please include this document along with the company’s antidiscrimination policy or the completed affidavit with offer
submittal.
“Return this Section with your Response”
RFP# 23-028 FIRE FIGHTER MEDICAL EXAMINATIONS
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Only complete this document if you have 14 or less employees.
AFFIDAVIT OF COMPLIANCE WITH TEMPE CITY CODE
CHAPTER 2 ARTICLE VIII SECTION 2-603(5)
_________________________________________________
Per Tempe City Code Chapter 2 Article VIII Section 2-603(5), it is unlawful for a City vendor or City
contractor, because of race, color, gender, gender identity, sexual orientation, religion, national origin,
familial status, age, disability, or United States military veteran status, to refuse to hire or employ or bar or
discharge from employment any person, or to discriminate against such person in compensation, conditions,
or privileges of employment.
City vendors and contractors shall provide a copy of their antidiscrimination policy to City to confirm
compliance with this requirement or attest in writing to compliance.
CONTRACTOR means any person who has a contract with the City.
VENDOR means a person or firm in the business of selling or otherwise providing products,
materials, or services.
CONTRACTOR/VENDOR, select one:
_____ Current copy of antidiscrimination policy attached
OR
_____ I hereby certify _________________________________ (contractor/vendor) complies with Tempe
City Code Chapter 2 Article VIII Section 2-603(5).
____________________________________
Date: _____________________
Signature
____________________________________
__________________________
Print Name
Title
____________________________________
Company
“Return this Section with your Response”
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Supplier Sustainability Questionnaire
The City of Tempe is strongly committed to sustainable practices and programs that help build a vibrant and resilient
community. The City accomplishes this through a variety of innovative programs, including water and energy conservation,
recycling, composting, alternative transportation, sustainable business practices and environmental stewardship. Tempe
recently established its 2019 Climate Action Plan (CAP) that provides a guideline for how the City will take local action on
global climate change by reducing its greenhouse gas (GHG) emissions and adapting to the changing climate. The Climate
Action Plan serves as a guideline for the City’s path toward a sustainable and resilient future that will benefit the entire City.
The City has strengthened its commitment to sustainability by adopting a new carbon neutrality goal by 2050 and a strategy
of sourcing 100 percent of its electricity from renewable sources by 2035. To learn more about the City’s commitment to
sustainability, please visit https://www.tempe.gov/government/sustainable-tempe.
To further this commitment, the City has developed a Sustainable Procurement Policy that provides specific guidelines for
how these important sustainable practices and programs will be reflected in contract award decisions. By partnering with
companies who share these sustainability goals, the City will be able to significantly enhance sustainable outcomes.
To support these efforts, the following Supplier Sustainability Questionnaire has been developed that will allow the City to
better understand your company’s efforts and commitments regarding sustainable practices and initiatives. This
questionnaire has two sections – a section to understand what your company is doing regarding sustainable actions and a
section to understand the specific sustainable attributes of the product or service that you are offering.
Please find some helpful links below that will provide additional information, tools and resources regarding
sustainable practices:
Greenhouse Gas Calculators:
https://www.epa.gov/energy/greenhouse-gases-equivalencies-calculator-calculations-and-references
Sustainable Packaging:
https://www.epa.gov/smm/sustainable-packaging
https://www.epa.gov/facts-and-figures-about-materials-waste-and-recycling/containers-and-packaging-product-specific-
data
Cleaning Products:
https://www.epa.gov/saferchoice
Tool to Measure and Track your Waste and Recycling:
http://www.epa.gov/smm/wastewise/measure-progress.htm
Water Conservation:
http://water.epa.gov/polwaste/nps/chap3.cfm
Item
Question
Response
Corporate Sustainable Actions
1.
What sustainability guidelines or environmental statement does your
company have to guide the company as a whole? Please include a
link.
2.
What is your company doing to be more energy efficient?
3.
What is your company doing to reduce greenhouse gas emissions?
4.
What is your company doing to reduce waste transferred to landfills?
5.
What is your company doing to reduce water waste?
6.
What kind of effort does your company make to reduce the use of
environmentally harmful materials (such as cleaning products, etc.)?
7.
Does your company take any actions to manage the sustainability of
your supply chain? If yes, please explain.
8.
Has your company received any environmental or sustainability related
independent certifications or recognitions? If yes, please explain.
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Checklist for Submittal
The following checklist has been provided to assist you in submission of your offer.
This list should not be considered complete, other information or documents may be necessary as part of your submission.
The items listed are the primary documents and information that must be completed and/or included with your proposal.
Please include any additional information or documents that will clarify your submittals.
This document has been issued in Word format to allow the responding firm the ability to provide requested information,
answer questions and provide pricing within the actual document.
Description
Included √
1.
One signed and completed copy of the Proposal response – only
sections marked “Return this Section with your Response” are
required but you may include supplemental materials you believe
necessary to clarify your submittal.
a.
Signed and Completed Vendor’s Offer Form
2.
Due to the COVID Virus, please submit a single e-copy of the signed
and completed proposal. The City’s e-mail is capable of accepting
up to a 10MB attachment. Please try and keep the proposal under
this size limit. However, if you need to exceed 10MB, please break
the proposal up into two sections and e-mail in two separate
messages clearly indicating the solicitation number on the subject
line and denoting Part 1 and Part 2 response. We will be unable to
accept any hard copies of the proposal so please e-mail the
response as noted above. It is critical to not wait until the last
minute to press the send button for your submittal.
3.
Proposal Questionnaire
4.
Pricing Section
5.
If company has 14 or less employees include a signed and
completed Affidavit of Compliance with Tempe City Code Chapter 2
Article VII Section 2-603(5) (form attached)
6.
If company has 15 or more employees include a copy of its anti-
discrimination policy
7.
Signed Addenda (if applicable)
8.
Supplier Sustainability Questionnaire
Alert – If you received this solicitation via a third-party plan-holder company and did not
directly download it from the City of Tempe’s Procurement home page you might not
have received any addendums that were published during the bidding period. To ensure
you are notified of addendums it is critical that you download this solicitation from the
City’s web site per the below link:
https://bids.tempe.gov/bids/