Linking Agreement with Vincere Physicians Group, PLLC.

City of Glendale — Regular Meeting (2024-12-10)

Extracted text (via ocr_local) 44684 characters

LINKING AGREEMENT
BETWEEN
THE CITY OF GLENDALE, ARIZONA
AND
VINCERE PHYSICIANS GROUP PLLC

This Linking Agreement (“Agreement”) is entered into as of this 10 day of December, 2024, between the
City of Glendale, an Arizona municipal corporation (“City”), and Vincere Physicians Group PLLC, an
Arizona Professional Limited Liability Company, authorized to do business in Arizona (“Contractor”),
collectively, the “Parties.”

RECITALS

On October 21, 2022, the City of Tempe, a member of the Cooperative Purchasing Agreement,
entered into a contract with Contractor to putchase the goods and services described in Contract
No. 123-039-01 (“Cooperative Agreement”), which is attached hereto as Exhibit A. The
Cooperative Agreement allows its cooperative use by other governmental agencies, including the
City.

Section 2-149 of the City’s Procurement Code permits the Materials Manager to procure goods and
services by participating with other governmental units in cooperative purchasing agreements when
the best interests of the City would be served.

Section 2-149 also provides that the Materials Manager may enter into such cooperative agreements
without meeting the formal or informal solicitation and bid requirements of Glendale City Code
Sections 2-145 and 2-146.

The City wishes to contract with Contractor for supplies ot 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:

Term of Agreement.

A. As provided in the Cooperative Agreement, purchases can be made by governmental entities
from the date of award, which was October 21, 2022, until the date the contract terminates
on October 20, 2023, unless the term is extended by mutual agreement of the parties to the
Cooperative Agreement. The Cooperative Agreement, however, may not be extended
beyond October 20, 2027. The initial period of this Agreement is the period from the
Effective Date of this Agreement until October 20, 2025.

B. The City may extend the term of this Agreement for two (2) 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 the

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10/05/2023

Effective Date. Glendale extensions ate not automatic and shall only occur if the City
affirmatively exercises its right to extend this Agreement.

Scope of Work: Terms, Conditions, and Specifications.

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

B, Contractor agrees to comply with all the terms, conditions and specifications of the
Cooperative Purchasing Agreement. Such terms, conditions and specifications are
specifically incorporated into and are an enforceable part of this Agreement.

Compensation.

A. City shall pay Contractor compensation at the same rate and on the same schedule as
provided in the Cooperative Purchasing Agreement, which is attached hereto as Exhibit C.

B, The total purchase price for the supplies and/or services purchased under this Agreement
shall not exceed One hundred and ten thousand dollars ($110,000.00) for the entire term of
the Agreement (initial term plus any extensions).

Cancellation. This Agreement may be cancelled pursuant to A.R.S, § 38-511.

Non-discrimination. Contractor must not discriminate against any employee or applicant for
employment on the basis of race, color, religion, sex, national origin, age, marital status, sexual
orientation, gender identity or expression, genetic characteristics, familial status, U.S. military veteran
status or any disability. Contractor will require any Sub-contractor to be bound to the same
requirements as stated within this section. Contractor, and on behalf of any subcontractors, warrants
compliance with this section.

Insurance Certificate. A certificate of insurance applying to this Agreement must be provided to the
City prior to the Effective Date.

E-verify. Contractor complies with A.R.S. § 23-214 and agrees to comply with the requirements of
ARS. § 41-4401.

No Boycott of Israel. To the extent A.R.S § 35-393 through § 35-393.03 are applicable, the parties
hereby certify that they are not currently engaged in, and agtee for the duration of the Agreement to
not engage in, a boycott of goods or services from Israel, as that term is defined in A.R.S § 35-393.

Uyghur Forced Labor Prevention Act (UFLPA). Contractor certifies that it does not currently, and

during the term of this Agreement, will not use:
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 conttactors, 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.
2

10/05/2023

10. Attestation of PCI] Compliance. When applicable, the Contractor will provide the City annually with
a Payment Card Industry Data Security Standard (PCI DSS) attestation of compliance certificate
signed by an officer of Contractor with oversight responsibility.

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

City of Glendale

c/o Ryan Freeburg
11550 W. Glendale Ave.
Glendale, AZ 85307

and

Vincere Physicians Group PLLC
Attn: Dr. Vershalee Shukla

7469 E. Monte Cristo Avenue
Scottsdale, AZ 85260
drshukla@vincerecancer.com

IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year set
forth above.

City” “Contractor”
City of Glendale, an Arizona Vincere Physicians Group PLLC,
municipal corporation an Arizona Professional Limited Liability Company
Vu
By: By: bs wll l :
Kevin R. Phelps Name: Dr. Vershalee Shukla
City Manager Title: Authorized Representative
ATTEST:
Julie K. Bower (SEAL)

City Clerk

APPROVED AS TO FORM:

Michael D. Bailey
City Attorney

10/05/2023

LINKING AGREEMENT
BETWEEN
THE CITY OF GLENDALE, ARIZONA
AND
VINCERE PHYSICIANS GROUP PLLC

EXHIBIT A
CITY OF TEMPE CONTRACT NO. T23-039-01

Tempe
Financial Services
Procurement Office
20 E 6” Street
Tempe, AZ 85281

Contract Renewal Notice

Contract Number T23-039-01 Date July 29, 2024
Contract Description Cancer Screening for Firefighters

98574

Vincere Physicians Group Renewal Information

Vershalee Shukla Beginning October 21, 2024
7469 E. Monte Cristo Avenue Ending October 20, 2025
Scottsdale, AZ 85260 Renewal 20f4

Contract Renewal Information

The City of Tempe is requesting renewal of the above mentioned contract under the same terms and conditions at either
current contract prices/discounts or at prices/discounts more favorable to the City of Tempe.

If the contractor has lowered the market price(s) of any item(s) on the City's contract, then such lowered prices should be
offered to the City of Tempe.

Where performance bonds and/or insurance coverage were requirements of the City's original solicitation/contract, a
renewing contractor must provide evidence of bonds and/or insurance extensions as applicable to ongoing City of Tempe
contract. Failure to provide insurance certificates as outlined below may result in contract cancellation.

Vincere Physicians Group certifies that it is not currently engaged in, and agrees for the duration of this Contact/Agreement
that it will not engage in, a boycott of Israel, as that term is defined in A.R.S.§ 35-393

Contractor hereby acknowledges receipt and understanding of this Contract Renewal Notice and that a signed
copy of this notice must be filed with the City of Tempe Procurement Office within thirty (30) days from the above
noted issue date and the updated insurance certificates (City of Tempe included as additional insured) will be
submitted.

Please note: If included, the Affidavit of Compliance form must be completed and returned with the renewal documents.
This affidavit is related to the City’s new anti-discrimination ordinance that requires compliance from all City contractors.

Officer Lisa Goodman, NIGP-CPP, CPPO,480-350-8533 —_ lisa_goodman@tempe.gov
Procurement Specialist Paola Leyva 480-350-8682 Paola_leyva@tempe.gov

Contract Renewal Notice Page 1 of 2

To Be Completed and Signed By Vincere Physicians Group

Contract Number T23-039-01
Contract Description Cancer Screening for Firefighters

Contractor's Name Vincere Physicians Group
Contractor's Mailing Address 7469 E. Monte Cristo Avenue Scottsdale, AZ 85260
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City of Tempe Contract Renewal Acceptance
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Lisa Goodman (Sep 7, 2024 20:21 PDT} Michael Greene (Sep 8, 2024 09:20 PDT)
Lisa Goodman, NIGP-CPP, CPPO, CPPB Date Michael Greene, CPM, CPPO Date
Officer Procurement Administrator

Contract Renewal Notice Page 2 of 2

Tempe

AFFIDAVIT OF COMPLIANCE WITH HOUSE BILL 2488
SUPPLIER AGREES TO NOT USE THE FORCED LABOR OF ETHNIC UYGHURS IN THE PEOPLE'S REPUBLIC OF CHINA

Per House Bill 2488 approved by the Arizona Legislature, this law stipulates that a public entity may not enter into or
renew a contract with a company for the acquisition or disposition of supplies, services, goods, information
technology or construction unless the contract includes written certification that the company does not currently, and
agrees for the duration of the contract that it will not, use:

«The forced labor of ethnic Uyghurs in the People’s Republic of China;
Any services or goods produced by the forced labor of ethnic Uyghurs in the People’s Republic of China; and

‘Any suppliers, contractors or sub-contractors that use the forced labor of any services or goods produce by the
forced labor of ethnic Uyghurs in the People’s Republic of China

Based on the above, the supplier certifies:

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Company Name

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Financial Services
Contract Renewal Notice eee Saat

Tempe, AZ 85281

Contract Number T23-039-01 Date May 16, 2023
Contract Description Cancer Screening for Firefighters

98574

Vincere Physicains Group Renewal Information

Vershalee Shukla Beginning October 21, 2023
7469 E. Monte Cristo Avenue Ending October 20, 2024
Scottsdale, AZ 85260 Renewal 1 of 4

Contract Renewal Information

If the contractor has lowered the market price(s) of any item(s) on the City's contract, then such lowered prices should be
offered to the City of Tempe.

Vincere Physicains Group certifies that it is not currently engaged in, and agrees for the duration of this Contact/Agreement
that it will not engage in, a boycott of Israel, as that term is defined in A.R.S.§ 35-393

Procurement Officer Lisa Goodman, NIGP-CPP, CPPO, 480-350-8533 — Lisa_Goodman@tempe.gov
Procurement Specialist Paola Leyva 480-350-8682 Paola_Leyva@tempe.gov

Contract Renewal Notice Page 1 of 2

. Tempe.
AFFIDAVIT OF COMPLIANCE WITH HOUSE BILL 2488

SUPPLIER AGREES TO NOT USE THE FORCED LABOR OF ETHNIC UYGHURS IN THE PEOPLE'S REPUBLIC OF CHINA

Per House Bill 2488 approved by the Arizona Legislature, this law stipulates that a public entity may not enter into or
renew a contract with a company for the acquisition or disposition of supplies, services, goods, information
technology or construction unless the contract includes written cerlification that the company does not currently, and
agrees for the duration of the contract that it will not, use:

+The forced labor of ethnic Uyghurs in the People’s Republic of China;
Any services or goods produced by the forced labor of ethnic Uyghurs in the People’s Republic of China; and

*Any suppliers, contractors or sub-contractors that use the forced labor of any services or goods produce by the
forced labor of ethnic Uyghurs in the People’s Republic of China

Based on the above, the supplier certifies:

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Print Name Title

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Company Name

To Be Completed and Signed By Vincere Physicains Group

Contract Number T23-039-01
Contract Description Cancer Screening for Firefighters

Contractor's Name Vincere Physicains Group

Contractor's Mailing Address 7469 E. Monte Cristo Avenue Scottsdale, AZ 85260
Printed name of person signing Verehale 2 oh ullg
Phone Number GO - AoW ~ $390

email Address Au Grun' roan byte My _ Ct

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Contractor's Authorized Signature ‘i BUNS HA nae WY) © | ze 2] 2023

Date
City of Tempe Contract Renewal Acceptance
wi Oa
chioc. Yoodvw~ Michael Greene (Jun 2, 2023 10:04 PDT)
Lisa Goodman, NiGP-CPP, CPPO, CPPB Date Michael Greene, CPM, CPPO Date

Procurement Officer Procurement Administrator

Contract Renewal Notice Page 2 of 2

. inancial Service
Contract Award Notice Protireen’ fee
Tempe, AZ 85281

Tempe.

Staley waves i ine desert

Contract Number: 123-039-014 Issue Date: 10/21/2022
Description: Cancer Screening for Firefighters

98574 Award Period

Vincere Physicians Group Beginning: 10/21/2022

Attn: Vershalee Shukla Ending: 10/20/2023

7469 E. Monte Cristo Avenue

Scottsdale, AZ 85260 Potential Renewals: 4, 1-Year Renewal Options

Phone: 480-306-5390
Cell: 713-992-8733

Email: drshukla@vincerecancer.com

This Contract Award Notice is issued for the purchase of goods, materials and/or services as requested by the above noted
solicitation/contract number. The contract shall remain in effect as noted in the award period block unless extended,
renewed or canceled per terms and conditions of the solicitation.

It is to be noted that any contracted vendor document(s) that conflict with the language and requirements of the City's
Solicitation are not acceptable and will void the contract. In addition, contracted vendor is not to begin work or make delivery
of awarded items until any and all required insurance and/or performance bonds are posted with the City Procurement
Office.

responsibility to notify the City Procurement Officer identified with this contract and to ensure all such mailing address
information is kept current.

Please note that your City of Tempe contract number should appear on all shipping documents, invoices and statements.
Invoices are to be sent directly to the requesting department.

Award Information

Item | Description Cost |
1. QT breast ultrasounds for all female firefighters 30 years and older $600.00 Each
2 Low dose lung CT for all firefighters and fire inspectors 35 years and older $400.00 Each
3. Whole body MRI for all firefighters and fire inspectors 35 years and older $2,500.00 Each
4 Galleri cancer blood testing for all firefighters and fire inspectors $950.00 Each
5 Prostate cancer screen for all male firefighters and fire inspectors 35 years and older $200.00 Each

Full body skin exams for all firefighters and fire inspectors 35 years and older
(includes biopsies)

$200.00 Each

7. Oncology consults, exams and follow-up for all firefighters and fire inspectors $180.00 Each

Optional Services

8. Endoscopy for firefighters and fire inspectors 40 years and older $3,500.00 Each

9. Colonoscopy for firefighters and fire inspectors 40 years and older $4,000 Each
$395.00 Each (Female)

Blood work and biomarkers (CBC with differential, BMP, Blood Protein,
Electrophoresis, IG, PSA, CA-125, HCG, calcitonin, AFP)

10.

$450.00 Each (Male)

in the des

REQUEST FOR PROPOSAL

RFP# 23-039
CANCER SCREENING FOR FIREFIGHTERS

RFP ISSUE DATE:
AUGUST 11, 2022

DEADLINE FOR INQUIRIES/QUESTIONS:
FRIDAY, AUGUST 26, 2022, AT 5:00 P.M. LOCAL ARIZONA TIME

RFP DUE DATE AND TIME:
THURSDAY, SEPTEMBER 8, 2022, 3:00 P.M. LOCAL ARIZONA TIME

ALL INQUIRIES MUST BE DIRECTED TO:
LISA GOODMAN, NIGP-CPP, CPPO, CPPB

EMAIL: lisa_qoodman@tempe.qov
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..........cccceeceecceseeeeeeseenesseeeeesaeescsacsaseseseeseaceaccsceeesecsecaeesaseserseceeseeacsessseeseesesseeesesseessesaueeseaeeees 3
Standard Terms and Congitions «0.0... ccecceseceesseeseeesecenceenceeseeessecsccesaeeeseresaeecsecseescessseescossesseessesnensnaseeesaneaseasneses 8
Special Terms & Conditions and Instructions .. 17
Scope Of WOFK 2.0... eeeeeceecesecceseeseeceeeceasecsaeesecesseseeesaecseecssesssanseaaeasasenasesaeasasasenseseaesaseeessesesseesseenseesseeeseeeseecsenees 21
Proposal Questionnaire 2.0... cee ceeeecsesecseseeesseesssanssessesseseeseeseeesessaseecseesuesseseesecessssessecaseseessensesseneaseeauaneesanaes 23
Evaluation Criteria... ccc cceecseseeeeeneecsseseesnneseneeeseseeeeeeeecessreseesasacseesesesssseeeasecestesssesesseesesaeseneesnenaeesnaneas 25
Pricing S@CtiON ..........cccecceeeseeeccesecesceseseecesecreeceessecsaeasseesseseeseneesessceseseeasensssenssenasesaseneseaeseaeseaeseseseaeeeaeesaeeessesaeees 26

Vendor's OffC....... ec eccecscecseecesceseecsneceneeceeneeseecseeeneeesecaeessesseaessaeccsaeceassaessasensesneasneuseeesesesensesaesuaesesseessseseesasaeeees
Anti-Discrimination Policy
Checklist for Submittal ....

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.

Cc. Completed and signed proposal forms for offer, acceptance and any solicitation addendums shail 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.

Cc. “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.
“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.

“Request for Proposal” means a competitive solicitation issued by the City for the procurement of goods,
equipment, materials, software, maintenance, contracted services, professional services or concessions.

RFP #23-039 CANCER SCREENING FOR FIREFIGHTERS 3| Page

General Instructions

10.

Late, Unsigned and/or Incomplete Proposal: A late, unsigned and/or materially incomplete proposal will be
considered nonresponsive and rejected.

Inguiries: Questions regarding this Request for Proposal shall be directed to the Procurement Officer identified on
the cover page of this document, unless another City contact is specifically named. Inquiries shall be submitted in
writing (preferably via e-mail), identifying the appropriate Request for Proposal’s number, page and paragraph at
issue. PLEASE NOTE: Offeror must not place the Request for Proposal’s number on the outside of an envelope
containing questions. Oral responses provided by the City shall have no binding effect or legal effect. Inquiries
should be submitted within the designated timeframe noted on the front page of the solicitation. Those questions
received after the designated date may be considered at the sole discretion of the Procurement Officer. The City
reserves the right to contact Offerors to obtain additional information for use in evaluating proposal and solicitation
requirements.

Proposal Conference: If a proposal conference is scheduled, Offerors are strongly encouraged to attend to seek
Clarification on any aspects of the documents that are not clear or questions that might pertain the specifications or
scope of work published. There are times when attendance at a proposal conference is mandatory and those
conferences shall be specially noted when applicable.

Withdrawal of Proposal: At any time before the specified proposal due date and time, an Offeror may withdraw
its proposal by way of written correspondence from the Offeror or its authorized representative.

Proposal Addenda: Receipt and acceptance of a Request for Proposal addendum shall be acknowledged by
signing and returning the document either with the vendor's proposal response or by separate envelope prior to
proposal due date/time. Failure to sign and return an addendum prior to the proposal due date/time may result in
the proposal being considered nonresponsive to that portion of the Request for Proposal and may result in rejection.
For all addenda published, the City will send electronic notification to those companies who have downloaded the
solicitation from the City’s web site. If a company receives the solicitation via a third- party plan holder organization,
it will be the responsibility of the company to download the solicitation from the City’s web site to ensure that their
company is included on any forthcoming addenda notification.

Compliance with City Solicitation Requirements: Unless stated otherwise in this Request for Proposal, the City
reserves the right to award by individual line item, by group of items, or as a total at the City’s discretion. The City
expressly reserves the right to waive any immaterial defect or informality, or reject any or all proposals, or portions
thereof, or reissue this Request for Proposal.

Compliance of Proposal Offeror/Contractor Forms: Any documents or forms (including separate Contract,
maintenance agreement or training agreement) intended by the Offeror to be utilized in any resulting Contract, must
be submitted with proposal. Any documents inconsistent with or taking exception to the terms, conditions,
specifications and/or other requirements stated within this Request for Proposal may cause the proposal to be
considered as nonresponsive and rejected. No documents will be considered unless submitted with vendor's
proposal Offer and approved by the Procurement Office.

Responsiveness to Specifications: Performance or feature requirements which are designated as mandatory or
minimums are needed in order to satisfy an identified task or performance need. A description is given for each
designated feature. This description shall be used to determine if the Offeror's proposed product(s) and/or
service(s) is/are capable of performing the function(s) specified in the Request for Proposal.

It is recognized that more than one method may be used to accomplish the sought-after task functionality.
If Offeror has an alternate method of performing functional tasks, then Offeror shall list such method as an
"alternate" and described in full detail within the proposal. The City shall be the sole judge as to whether any
alternate methodology will be accepted.

"Must", "shall", "will", "minimum", "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 #23-039 CANCER SCREENING FOR FIREFIGHTERS : 4 | Page

General Instructions

11.

12.

13.

14.

15.

Questionnaire: Offeror must complete the Questionnaire portion of this Request for Proposal and provide any
documentation required to support the answers. Questionnaire items, which are designated as mandatory, are
needed to satisfy a required task or performance criteria. Items, which may be listed as desirable, are not required
to be responsive to the Request for Proposal and will be relatively evaluated against other proposals in making a
final award decision.

If supporting documentation is required, Offeror shall provide the documentation in the sequence set forth in the
Request for Proposal and ensure all technical literature and/or narrative explanations fully address the specifics of
the question. Vague or disorganized responses that do not allow sufficient information for evaluation purposes may
result in rejection of a proposal.

Clarifications and Negotiations with Offerors and Revisions to Proposal: Clarifications may be made with any
submitting firm at any time during the evaluation phase of this procurement. Clarifications are not negotiations and
may be utilized by the City to ensure thorough and complete understanding of, and responsiveness to, the
solicitation requirements. Negotiations may be conducted with responsible Offerors who submit proposals
determined to be reasonably susceptible of being selected for award. The purpose of negotiations is to allow the
City and the Offeror(s) to revise initial Offers through an exchange or series of exchanges. Should the City elect to
call for best and final offers, Offerors shall be accorded fair and equal treatment with respect to any opportunity for
negotiations and revision of proposals, and such revisions may be permitted after submissions and prior to award.
In conducting clarifications and negotiations there shall be no disclosure of any information derived from proposals
submitted by competing Offerors. The purposes of such negotiations shall include but not be limited to:

A. Determine in greater detail such Offeror's qualifications;

B. Explore with the Offeror the scope and nature of the project, the Offeror's proposed method of performance,
and the relative utility of alternate methods of approach;

Cc. Determine that the Offeror will make available the necessary personnel and facilities to perform within the
required time; and

D. Agree upon compensation, which is fair and reasonable, taking into account the estimated value of the
required services, and the scope, complexity and nature of such services.

Proposal Opening: Proposals shall be opened at the time and place designated on the cover page of this Request
for Proposals. The name of each Offeror and the identity of the Request for Proposal for which the proposal was
submitted shall be publicly read and recorded in the presence of witnesses. Proposals, modifications and all other
information received in response to this Request for Proposal shall be shown only to City personnel having a
legitimate interest in its evaluation. Prices shall not be read. After Contract award, the proposals and the evaluation
documentation shall be open for public inspection, except where the City has determined that specific portions of
the proposal are confidential.

Technical Proposal Opening: Technical proposals (as received in step one of a two-step bidding process) shall
be opened at the time and place designated on the cover page of this document. The name of each Offeror and
the identity of the Request for Proposal for which the proposal was submitted shall be publicly read and recorded
in the presence of witnesses. Proposals, modifications and all other information received in response to this
Request for Proposal shall be shown only to City personnel having a legitimate interest in the evaluation. Evaluation
documentation to substantiate technical proposal selection(s) shall be open for public inspection.

Proposal Evaluation and Award: The City shall determine whether a proposal meets the specifications and
requirements of this Request for Proposal, at its sole discretion, and reject any proposals not meeting the intent or
requirements set forth herein. Award(s) shall be made to the responsible Offeror whose proposal is determined in
writing to be the most advantageous to the City, taking into consideration the evaluation factors set forth in the
Request for Proposal. The City shall be the sole judge as to the acceptability of the products and/or services
offered. The City reserves the right to reject any and all proposals.

RFP #23-039 CANCER SCREENING FOR FIREFIGHTERS - 5 | Page

General Instructions

16.

17.

18.

19.

20.

21.

22.

23.

Award of Contract: A proposal shall constitute a binding Offer to Contract with the City based on the terms,
conditions and specifications contained in this Request for Proposal. An Offeror shall become a Contractor only
upon execution of a formal Contract from the Procurement Office. Unless this Request for Proposal includes
separate Contract document(s) or requires the Offeror to submit a Contract for review, a Contract shall be formed
when the Procurement Office provides a written notice of award or a purchase order to the successful Offeror. All
terms and conditions of the Contract are contained herein, unless modified by an amendment approved by the City.
Proposals that take exception to the terms, conditions, specifications and/or other requirements stated within this
Request for Proposal may cause the vendor's Offer to be considered non-responsive and rejected. Exceptions will
be evaluated on an individual basis to determine compliance with the purpose and intent of the terms and conditions
stated within this solicitation. The City shall be the sole judge as to whether an exception complies with the general
purpose and intent of any term, condition and/or specification set forth herein.

Proposal Results: Offerors may attend the scheduled proposal opening at which the name of each
Offeror will be publicly read. All other information contained in the proposals shall be kept confidential
until the Contract is awarded. After award of Contract, an appointment may be made with the Procurement
Officer to review proposal documents. Formal Contract award results shall be placed on the Procurement Office
web page (www.tempe.gov/procurement) and posted at the front counter of the Procurement Office at the time
the Contract award is approved by the City Council. Award recommendations may also be viewed via the
City Clerk's web site normally up to five (5) days prior to the scheduled City Council meeting by visiting
(http://documents.tempe.gov/sirepub/?sort=meet_date .

Protests: Any actual or prospective Offeror who is aggrieved in conjunction with this Request for Proposal or award
may protest the award to the Procurement Office. A protest based upon alleged improprieties in this Request for
Proposal that are apparent before the proposal opening shall be filed prior to the proposal due date/time. A protest
concerning an award recommendation must be filed within ten (10) business days after the date of award. Up to
five (5) days before award of a contract, the Procurement Office will post award recommendations on the City Clerks
website at (http://documents.tempe.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.

Delivery: All materials, equipment and/or products shall be delivered F.0.B. Destination to the City of Tempe Per
the location identified in the solicitation.

Tax: Unless specified herein, sales, use or federal excise tax shall not be included in proposal pricing. The City is
exempt from payment of federal excise tax. For proposal evaluation, transaction (sales) privilege tax paid to the
City of Tempe (1.8%) is considered a pass-through cost, calculated as zero ($0) expense when comparing pricing
among competing companies that are not located in Tempe. For information on privilege (sales) tax, please contact
the City's Tax and License Office at (480) 350-2955 or visit their web site at salestax@tempe.gov

Payment: For a single requirement purchase, the City will endeavor to remit payment within thirty (30) calendar
days from receipt and approval of acceptable products, materials and/or services and approval of correct invoice.
For ongoing term Contract purchases, the City will endeavor to remit payment within thirty (30) calendar days from
approval of invoice.

Discounts: Payment discounts periods shall be computed from the date of receipt of acceptable products,
materials and/or services or correct invoice, whichever is later to the date payment is mailed. Discounts shall be
taken on the full amount of the invoice, unless otherwise indicated. The City shall be entitled to receive any
discounts offered by Offeror, if payment is made within the discount period.

Payment by City Procurement Card: The Procurement Office may elect to remit payment through the use of a
City procurement card. Each Offeror may indicate on the Vendor's Offer Page in this Request for Proposal its ability
to accept City procurement card payments. The inability to accept payment by City procurement card will not
disqualify a proposal.

RFP #23-039 CANCER SCREENING FOR FIREFIGHTERS 6 | Page

General Instructions

24,

25.

26.

27.

28.

Code Governance: Unless otherwise specified herein, the provisions of the Tempe City Code, Chapter 26A shall
apply and govern this Request for Proposal.

Public Record: Proposals and all other documents submitted in response to this solicitation shall become the
property of the City and shall be a matter of Public Record available for review following the Contract award.
Material portions of the recommended Offer(s) as determined by the City may be posted to the City’s web site up
to five (5) days prior to the City Council meeting.

Late Responses: The Offeror assumes responsibility for having the Proposal submitted on time via e-mail to the
address shown on the front page of this RFP. Any Offers received after the Solicitation Due Date and Time shall
not be considered and will be returned to the Offeror. The Offeror assumes the risk of any delay in the electronic
processing of the supplier's e-mail through both parties (Supplier and City) networks. Offerors must allow adequate
time to ensure that the e-mail is timely received by the City at the designated e-mail address. All times referenced
are Tempe, Arizona local times. Respondents agree to accept the time and date that is recorded on the received
e-mail as the official time. Any e-mail submissions that are timed at 3:01 or later on the schedule due date will be
considered late and not considered.

Copying Responses: The Offeror hereby grants the City permission to copy all parts of its Offer including, without
limitation, any documents and/or materials copyrighted by the Offeror. The City’s right to copy shall be for internal
use in the evaluating the Offers.

Confidential Information and Public Record: After award of a Contract, proposals shall be available for public
inspection, except to the extent that the withholding of information is required or permitted by law. Pursuant to
A.R.S. § 35-214, and 41-1330 et seq., all records relating to the Request for Proposal and Contract shall be subject
to inspection at all reasonable times by the City for five (5) years after completion of the Contract. Such records
shall be produced by Bidder or Contractor at the time and place designated by the City.

A. 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.

on If the City determines to disclose the information, the Offeror shall be informed in writing of such
determination. Notwithstanding the foregoing, following an award of Contract, all proposal response
information shall be available for public inspection.

RFP #23-039 CANCER SCREENING FOR FIREFIGHTERS 7 | Page

Standard Terms and Conditions

Please note that these Standard Terms & Conditions shall be fully complied with by Offeror. Failure to comply with these
requirements may result in rejection of a proposal for non-responsiveness, or cancellation or termination of any awarded
Contract.

4. Applicable Law: This Contract shall be governed by, and the City and Contractor shail 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 seqg., including but not limited to, Arizona Executive Orders
Nos. 2006-13, 2005-02, and 2010-14 with regard to reducing GHG emissions, increasing energy efficiency,
conserving natural resources and developing renewable energy sources.

3. Availability of Funds for the Next Fiscal Year: The City’s obligation for performance of the Contract is
contingent upon the availability of City, state and federal funds that are allocated or appropriated for payment
obligations of the Contract. If funds are not allocated by the City or available for the continued use or purchase
of services, work and/or materials set forth herein, the City may terminate the Contract. The City will use
reasonable efforts to notify Contractor of such non-allocation affecting the obligations of the Contractor and/or
City. The City shall not be penalized or adversely affected for exercise of its termination rights. Further, the City
shall in no way be obligated or liable for additional payments or other damages as a result of such termination.
No legal liability on the part of the City for any payment may arise for performance under this Contract.

4. Certification: By signing the “Vendor's Offer’, the Offeror certifies:

A. The submission of the vendor's proposal Offer response did not involve collusion or other anti-competitive
practices.

B. Offeror agrees that it will comply with section 2-603(5) of the Tempe City Code (“TCC”), and will not
refuse to hire or employ or bar or discharge from employment any person or discriminate against such
person in compensation, conditions, or privileges of employment because of race, color, gender, gender
identity, sexual orientation, religion, national origin, familial status, age, disability, or United States military
veteran status. Offeror further agrees to provide a copy of its antidiscrimination policy to the Procurement
Officer to demonstrate compliance with TCC section 2-603(5) or attest in writing to its compliance in
accordance with the attached Affidavit of Compliance.

Cc. Offeror has not given, offered to give, nor intends to give at any time hereafter any economic opportunity,
future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in
connection with the submitted Offer. Failure to sign the “Vendor's Offer” or signing it with a false
statement shall void the submitted proposal and any resulting Contract. In addition, the Offeror may be
barred from future proposal and bidding participation with the City and may be subject to such further
actions as permitted by law.

D. The Offeror agrees to promote and offer to the City only those materials and/or services as stated and
allowed by this Request for Proposal and resultant Contract award. Violation of this condition shall be
grounds for Contract termination by the City.

E. The Offeror expressly warrants that it has and will continue to comply in all respects with Arizona law
concerning employment practices and working conditions, pursuant to A.R.S. § 23-211, et seq., and all
laws, regulations, requirements and duties relating thereto. Offeror further warrants that to the extent
permitted by law, it will fully indemnify the City for any and all losses arising from or relating to any violation
thereof.

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