PARKING PAY BY PHONE SERVICE - Phoenix, Arizona · 2017. 4. 24. · space, coin-operated meters with state-of-the-art single space meters that accept coins, ... Compensation to the

PARKING PAY BY PHONE SERVICE Request for Proposals (RFP)

RFP-63-0028

Schedule

ACTIVITY (All times are local Phoenix time) DATE

Issue RFP 4-24-17 Pre-Proposal Meeting at 10am 5-8-17 Submittal of Written Questions by 4:00pm 5-15-17 Responses to Written Questions 5-22-17 Proposal Submittal by 2:00pm 5-31-17 Short Listing and Proposer Interviews, if applicable 6-26-17 Award Recommendation to Phoenix City Council 8-30-17

Submit proposals and requests for alternate formats to: Melodie Mendivil, Procurement Officer

City of Phoenix Street Transportation Department

200 West Washington Street, 5th Floor Phoenix, Arizona 85003

Telephone: (602) 262-6682 [email protected]

This RFP does not commit the City to award any agreement.

All dates subject to change.

CITY OF PHOENIX

STREET TRANSPORTATION DEPARTMENT

PARKING PAY BY PHONE SERVICES RFP – 63-0028

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TABLE OF CONTENTS

1. RFP PROCESS ......................................................................................................... 5

A. Introduction ................................................................................................................ 5

PURPOSE .................................................................................................................... 6

B. Minimum Qualifications .............................................................................................. 7

C. Agreement Term and Contractual Relationship ......................................................... 8

D. Pre-Proposal Meeting ................................................................................................ 8

E. Proposer Questions and Notification .......................................................................... 8

F. Notifications and Registration Requirements ............................................................. 8

2. SCOPE OF WORK .................................................................................................... 9

A. Overview .................................................................................................................... 9

B. Agreement ................................................................................................................. 9

3. PROPOSAL INSTRUCTIONS ................................................................................... 9

A. Delivery of Proposals ................................................................................................. 9

B. Form of Proposals ...................................................................................................... 9

8. PROPOSAL EVALUATION .................................................................................... 15

A. Evaluation Panel ...................................................................................................... 15

B. Evaluation Criteria .................................................................................................... 15

C. Evaluation Requirements: ........................................................................................ 16

D. Detailed Evaluation of Proposals and Determination of Competitive Range ............ 20

E. Proposals not within the Competitive Range ........................................................... 20

9. BEST AND FINAL OFFERS (BAFO) ...................................................................... 21

6. GENERAL TERMS AND CONDITIONS OF PROPOSAL ....................................... 22

A. Transparency Policy ................................................................................................ 22

B. Equal Employment Opportunity Requirements ........................................................ 23

C. Award Recommendations ........................................................................................ 23

D. Disclosure of Confidential and Proprietary Information ............................................ 24

E. City’s Reservation of Rights ..................................................................................... 24

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F. City's Right to Disqualify for Conflict of Interest ....................................................... 24

G. Preparation Costs .................................................................................................... 25

H. City’s Sole Determination of Responsiveness and Responsibility ........................... 25

I. Proposer Certification and Affidavit .......................................................................... 25

J. Covenant Against Contingent Fees Paid to Proposer .............................................. 25

K. No Gratuities ............................................................................................................ 26

10. PROTEST PROCESS ............................................................................................. 26

11. Execution of Agreement(s) ...................................................................................... 27

EXHIBIT A – SCOPE OF WORK .................................................................................. 41

EXHIBIT B – FEE SCHEDULE ..................................................................................... 46

See Exhibit H: Business Model Proposal .................................................................. 46

EXHIBIT C – INDEMNIFICATION & INSURANCE REQUIREMENTS ......................... 47

EXHIBIT D – CONSULTANT’S INSURANCE CERTIFICATE ...................................... 52

EXHIBIT E ..................................................................................................................... 53

SUPPLEMENTAL TERMS ......................................................................................... 53

EXHIBIT F: STATEMENT OF QUALIFICATIONS........................................................ 62

EXHIBIT G: TECHNICAL AND PERFORMANCE METRICS PROPOSAL .................. 65

EXHIBIT H: BUSINESS MODEL PROPOSAL ............................................................. 80

EXHIBIT I: IMPLEMENTATION SCHEDULE ............................................................... 82

EXHIBIT J: CHECKLIST .............................................................................................. 83

EXHIBIT K: PARKING METER SYSTEM ..................................................................... 84

EXHIBIT L: ALL ZONES - PARKING METER MAP .................................................... 85

EXHIBIT M: ZONE 1 - PARKING METER MAP ........................................................... 85

EXHIBIT N: ZONE 2 - PARKING METER MAP ........................................................... 87

EXHIBIT O: ZONE 3 - PARKING METER MAP ........................................................... 88

Attachment A ............................................................................................................... 89

AFFIDAVIT .................................................................................................................... 89

Attachment B ............................................................................................................... 92

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SOLICITATION CONFLICT AND TRANSPARENCY DISCLOSURE FORM .............. 92

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1. RFP PROCESS

A. Introduction

The City of Phoenix (the “City”) is soliciting proposals from qualified vendors interested in providing state-of-the-art services for a complete parking pay-by-phone (PBP) option for all existing as well as all planned on-street parking meter system in Phoenix. This service will allow the ability for customers to remotely pay by handheld devices through mobile payment applications for parking.

The City modernized the on-street parking system replacing 1,688 outdated single-space, coin-operated meters with state-of-the-art single space meters that accept coins, credit and debit cards. This on-street parking meter system currently includes the following:

- 1,688 “IPS” single space credit card enabled parking meters - 495 Electronic parking meters (McKay, POM)

Currently, the City has a parking rate of $1.50 per hour for the 1,688 IPS credit card meters and a $1.00 per hour rate for the 495 Electronic parking meters (McKay, POM, Duncan). The customer can purchase between 30 minutes to 8 hours of parking, depending on the location. Most meters have a time limit ranging from 1 hour to 2 hours during the weekday periods (i.e. M-F 8:00 a.m. to 5 p.m.). During the evening and weekend periods, these time limits are expanded from 2 hours to 4 hours typically. Enforcement periods for on-street metered parking is 8 a.m. to 10 p.m. every day. The number of IPS credit card and electronic single space parking meters in each of the City’s seven (7) zones is shown below.

Zone # IPS Single Space/Credit

Card Parking Meters

Digital (Electronic) Single

Space Parking Meters

Zone 1 (Sports Venue) 272 7

Zone 2 (Central Core) 461 12

Zone 3 (Government) 248 127

Zone 4 (Roosevelt) 334 65

Zone 5 (Uptown) 20 217

Zone 6 (Phoenix College) 11 0

Zone 7 (Capitol) 7 73

In 2016, the City had an average annual parking revenue of $3.65 million from all parking meters. Approximately 65% of this revenue is credit card based with approximately 915,000 transactions during the year. Average value of the credit card

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transactions is $2.50 for the 1,688 IPS single space parking meters. The remaining revenue is cash based with 1.285 million cash transactions in 2016. Currently, there is no off-street parking revenue for the Street Transportation Department.

The City has 545 M-3 Model and 1,143 M-5 Model IPS single space meters that accept credit card payments. These IPS parking meters are configured with Global System for Mobile communication (“GSM”) based cellular network. However, these meters can be reconfigured to accept Code-division multiple access (“CDMA”) communications at a cost (i.e. chips, boards). The City has a contract with IPS that includes services and commodities.

The City has parking enforcement officers who perform routine enforcement checks and write tickets if the meters are expired. The IPS parking meters have LED flashing lights indicating either an expired or paid meter. The enforcement solution used by the City’s Parking enforcement officers is the Integraph Records Management System (RMS). All parking enforcement officers utilize web-enabled laptops that have communication with the internet at all times.

The City of Phoenix expects that the successful proposer (the “Vendor” or “Offeror”) will be the merchant of record to accept payment for parking via PBP on behalf of the City. Compensation to the City will be 100% of the parking revenue collected. The program is intended to be launched on or before December 1, 2017.

The selected proposer shall be responsible for all expenses related to providing a mobile phone payment system during the contract period and City-wide deployment phases, including but not limited to; implementation, supplementing existing City signage/meter decals, marketing and advertising, etc.

The Vendor shall charge customers a convenience fee for its compensation and to recoup sign and graphic decals production and installation, enforcement integration, ongoing program, and other costs. The fee must be clearly communicated at registration and at time of transaction. The Vendor will work with the City to set the terms for any changes to the convenience fee.

Exhibits L, M, N, and O provide the locations of the parking meters in Zones 1, 2, and 3.

PURPOSE

The purpose of this solicitation is to select a qualified Vendor to implement, operate, maintain and publicize a parking pay-by-phone service and with the expertise in purchasing, installing and operating this service by December 1, 2017. Vendors with demonstrated experience in this area and with an interest in making their services available to the City of Phoenix are invited to respond to this RFP. The City reserves the right to accept or reject, in part or in whole, any and all proposals if it deems it to be in its best interest of the City.

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As compensation for providing the City with the services of the system, the Vendor will collect membership fees, user fees and advertising revenues as well as other revenue sources, as approved by the City. All system equipment will be provided and owned by, and all installation, operating and promotional responsibilities will be borne and insured by the Vendor. The Vendor must be financially solvent and each of its members if a joint venture, its employees, agents or subcontractors of any tier must be competent to perform the services required under this RFP document.

The City believes that the PBP services would provide a parking payment system accessible to all Phoenix parking meter users. Participants would be able to use the service to access parking meter operations from nearby places of employment and residence, as well as between businesses, retail, and social destinations. The City’s key factors for a successful parking PBP service include a self-sufficient, independently operated system requiring no City capital or operating expenses. The City of Phoenix project goals for the PBP program are to:

• Select a vendor with expertise in providing pay by phone parking services, particularly in municipal on-street parking environments

• Obtain the best quality program to maximize customer convenience and add considerable parking payment options, as well as locational information for drivers

• Choose a vendor that charges a reasonable convenience fee for services offered

• Employ a system where rates and operational schedules can be programmed and re-programmed in a flexible and immediate fashion that does not require any system down-time

• Allow for regular reporting to provide information on trends, productivity, and performance

• Require the vendor to install all PBP related signs, decals, and other information in the public right-of-way

The PBP service will also include a measurable successful performance and public response to the service, including high public usage, projected decrease in parking meter coinage revenue, parking program expansion, local business marketing tools, successful outreach plan, and high public acceptance and satisfaction with the parking PBP services.

B. Minimum Qualifications

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At least 5 years’ experience in the operations, maintenance and service in parking PBP services in 5 or more United States locations. For further clarifications, please see Exhibit F. Each proposer must demonstrate in its proposal that it meets the minimum qualifications or its proposal will be disqualified as non-responsive.

C. Agreement Term and Contractual Relationship

The firm(s) selected for this implementation will be expected to offer adequate personnel and equipment needed to complete the terms in this RFP. All system equipment will be provided and owned by, and all installation, operating and promotional responsibilities will be borne and insured by the selected Vendor. If for any reason either party to the agreement wishes to terminate the agreement early, the terminating party must give 30 calendar days’ notice of termination in writing to the other party. The initial contract term will be three years starting December 1, 2017. The contract will include two options to extend the contract for two 1-year periods.

Proposers are responsible for reading the draft agreement and submitting any questions about it in accordance with the process listed in Section 1(E).

D. Pre-Proposal Meeting

Proposers are encouraged to attend the pre-proposal conference at 10:00am in the 6 West Conference Room at City Hall, 200 W Washington Street, 6th Floor. Please register for this meeting by emailing [email protected].

E. Proposer Questions and Notification Proposers are advised to read this RFP in its entirety. Failure to read and/or understand any portion of this RFP shall not be cause for waiver of any portion of the RFP or subsequent agreement. All questions about this RFP must be submitted in writing no later than the deadline listed on page 1 to [email protected].. All written questions will be responded to in writing and posted at https://www.phoenix.gov/solicitations .

F. Notifications and Registration Requirements

Amendments to this RFP will be in writing. The City shall not be responsible for any oral instructions given by any City employee, consultant, or official regarding RFP instruction, specifications, or documents.

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Proposers must be registered in the City’s e-Procurement Self-Registration System at https://www.phoenix.gov/financesite/Pages/EProc-help.aspx in order to receive solicitation notices, respond to solicitations and access procurement information. The City may, at its sole discretion, reject any offer from a Proposer who has not registered in the City’s e-Procurement system.

2. SCOPE OF WORK A. Overview

Offeror shall provide services for implementing and operating a highly successful and financially self-sustaining complete parking PBP option for all existing as well as all planned on-street parking meters in Phoenix. This service will allow the ability for customers to remotely pay by handheld devices through mobile payment applications for parking.

B. Agreement

See Attachment A – Professional Services Consulting Agreement for detailed

scope. 3. PROPOSAL INSTRUCTIONS

A. Delivery of Proposals

Each proposer must submit the following in a sealed package marked with the proposer’s name and the name of this RFP. Within this sealed package should be The Statement of Qualifications and Technical and Performance Metrics Proposal in a labeled envelope that is marked #1, and the Business Model Proposal and Implementation Schedule in an envelope that is marked #2. An envelope #3 is also required to provide information concerning optional PBP integration services for gated revenue control systems and the residential parking program. Proposals must be submitted by the deadline listed on page 1 to the address listed on page 1. Proposals received after the deadline will be disqualified as non-responsive.

B. Form of Proposals Each Offeror must complete the “Statement of Qualifications” in Exhibit F and submit this information as part of the cover letter and Technical and Performance Metrics Proposal.

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Offerors must include one electronic copy of their each proposal on a flash drive in their respective sealed envelopes.

Each Proposal should be printed on 8 1/2” x 11” paper and bound in a plastic spiral binding, and the pages must be numbered. Proposals are limited to 65 double-sided or 130 single-sided, letter-size pages. Each Offeror must submit an original plus 10 copies of the RFP response. The original Proposal must be clearly marked as “ORIGINAL”. All documents requiring a signature must bear the original signature of the Offeror’s authorized signatory. Proposals that are incomplete; conditional; obscure; or that contain additions not requested, changes or exceptions to material provisions or requirements of this RFP; or irregularities of any kind, are subject to disqualification as non-responsive Each proposal must include all of the following:

i. Attachment B – Affidavit

ii. Qualifications & Experience Statement

a. Each proposer shall provide sufficient documentation, including resumes,

to demonstrate that the proposer and its proposed staff meet the minimum qualifications listed in Section 1(B) and are qualified to perform the scope of work (category) for which the proposer is proposing. Each proposer shall also address each item listed in Exhibit G.

b. Each proposer shall provide 3 case studies demonstrating its delivery of

the scope of work (category) for which the proposer is proposing. Each case study should include:

1) Client’s name 2) Contact information (name, telephone number, email and physical

addresses) 3) Description of client’s business 4) Description of the client’s business need, how the proposer’s proposed

staff approached that need, final outcomes and deliverables, and proposed and actual project timelines

5) Description of how this case study relates to the proposed category

iii. Proposed Approach to Scope of Work Each proposer should tailor its proposed approach to the scope of work to reflect the City’s programs and demographics. In this section, each proposer shall provide:

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iv. Attachment B – Solicitation Conflict and Transparency Disclosure Form.

4. Technical and Performance Metrics Proposal Instructions The Offeror must not submit more than 65 double sided or 130 single sided pages for the Technical and Performance Metrics (Exhibit G) submittal package. The Offeror must complete the formatted tables in the Exhibit utilizing an Arial 10 font, single-spaced. Offerors should adhere to the following instructions pertaining to Exhibit G:

A. For items categorized as Narrative in Column 3, Offerors should provide a written response in the space below the question; Offerors may include, if applicable, images, diagrams etc., and may attach additional pages as needed (each additional page should be labeled or indexed with the corresponding question number to which it refers).

B. For items categorized as YES/NO/NA in Column 3, Offerors should answer

either “Yes”, “No,” or “Not Applicable (NA)” to indicate if they can provide or adhere to the particular element(s). The answers are defined as: a. Yes = Yes, the proposing firm can provide this feature or function; b. No = No, the proposing firm cannot provide this feature or function for

reasons explained in the Comments space below the question; c. NA = This feature or function is not applicable for reasons explained in

the Comments space. Please note that, while the City expects that the listed features and functions would be part of a System, a “No” answer to any specific question will not result in an automatic disqualification. Offerors may utilize the Comments space as necessary, to elaborate on any “Yes”, “No,” or “Not Applicable (NA)” answers. In addition, as applicable, Offerors should also use "Comments" boxes to specify certain details, such as brand, make, model, etc. Please note, Offerors may use additional room to provide comments and explanations requested in the Comment space or Offerors may label or index any additional pages that are attached to the response.

SAMPLE: FOR DEMONSTRATION PURPOSES ONLY

Q7 The Vendor will prepare detailed marketing plans for the PBP Service.

Narrative

15

R7 TEXT TO BE PROVIDED BY PROPOSER

Q8 Are all the processes for collecting payments PCI compliant? Yes/No/NA Yes No N/A

15

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C1 COMMENTS

Q9 Please describe all relevant prior experience in creating and operating effective parking pay by phone service.

Narrative

20

R9 TEXT TO BE PROVIDED BY PROPOSER

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5. Business Model and Implementation Schedule Instructions

The Offeror must not submit more than 20 double sided or 40 single sided pages combined for the Business Model Proposal (Exhibit H) and Implementation Schedule (Exhibit I) combined. The Offeror must complete all parts of the Business Model and Implementation Schedule (Exhibits H and I). This includes completing the user fee information, business model criteria, and Implementation Schedule. The Offeror must complete the formatted tables in the Exhibits utilizing an Arial 10 font, single-spaced.

6. Financial Performance

Using a format of their choice, preferably a financial pro-forma format, Offerors should address the aspects of the financial performance of their proposed system listed in Exhibit H. Offerors should follow the revenue source parameters listed below when developing the Business Model for their proposed systems. Please note that all revenue sources are subject to the City approval. 1. Membership and User Fees:

a. Proposed membership and user fees should be in line with membership and user fees currently used by comparable PBP services around the country.

b. All rates and proposed rate increases are subject to the City’s approval.

2. Advertising and Marketing Placements: Many forms of advertising and marketing placements are permitted revenue sources for the Service. All proposed advertising and marketing placements are subject to the City’s approval and must comply with all applicable laws on advertising. Offerors should follow the parameters listed below when developing their Business Model.

Advertising & Marketing Placement Options:

a. User receipts; b. Launch campaign; c. Media partnerships; d. Website; e. Mobile application(s); f. Printed maps and materials; and g. Registration packets and PBP Service newsletters;

No advertisements are permitted on the parking meters, PBP signage, traffic signs and posts, parking meter posts, or any other appurtenances in the City’s street right-of-way.

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Opportunities other than those listed above may be included, as a line item, but should not be relied upon in the Business Model. The advertising may not:

a. Be false, misleading, or deceptive.

b. Relate to an illegal activity.

c. Advertise or depict the use of tobacco or smoking products.

d. Advertise or depict the use of spirituous liquor as that term is defined in Section 4-101, Arizona Revised Statues.

e. Represent, by language or graphics, violence or anti-social behavior

f. Advertise or depict language, gestures, conduct, or graphical representations that are obscene, pornographic, vulgar, profane, or scatological.

g. Represent, by language or graphics, a nude or seminude person, as those terms are defined in Section 11-821, Arizona Revised Statutes, or the exposed buttocks of any person.

h. Depict, relate to, or reference a website or other medium that relates to specified sexual activities or specified anatomical areas as those terms are defined in section 11-821, Arizona Revised Statutes.

7. Business Criteria

A. For items categorized as Narrative in Column 3, Offerors should provide a

written response in the space below the question; Offerors may include, if applicable, images, diagrams etc., and may attach additional pages as needed (each such page should be labeled or indexed with the corresponding question number to which it refers).

B. For items categorized as YES/NO/NA in Column 3, Offerors should answer

either “Yes”, “No,” or “Not Applicable (NA)” to indicate if such proposal can provide or adhere to the particular element(s). The answers are defined as:

a. Yes = Yes, the proposing firm can provide this feature or function; b. No = No, the proposing firm cannot provide this feature or function for

reasons explained in the Comments space below the question; c. NA = This feature or function is not applicable for reasons explained in the Comments space.

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Please note that, while the City expects that the listed features and functions would be part of a System, a “No” answer to any specific question will not result in an automatic disqualification. Offerors may utilize the Comments column (Column 5) as necessary, to elaborate on any “Yes”, “No,” or “Not Applicable (NA)” answers. In addition, as applicable, Offerors should also use "Comments" boxes to specify certain details, such as brand, make, model, etc. Please note, Offerors may use additional room to provide comments and explanations requested in the space or Offerors may label or index any additional pages that are attached to the response.

8. PROPOSAL EVALUATION

Proposals will be reviewed by City staff for responsiveness and documentation of minimum qualifications, completeness, and adherence to the RFP requirements. The City reserves the sole right to determine the sufficiency of qualifications and experience of all proposers.

A. Evaluation Panel

If applicable, the City will appoint an evaluation panel to review the proposals and recommend a proposer to be awarded the contract resulting from this RFP. The evaluation panel may interview all of the proposers, a short list of proposers, or may evaluate the proposals solely on the materials submitted by the proposal deadline. In the event a short list process is used, the evaluation panel will use the evaluation criteria established in this RFP to identify the proposers most likely to be successful in the evaluation process. The short-listed proposers may then be scheduled for interviews with the evaluation panel. The evaluation panel will determine a consensus score for each evaluation criterion, which will then be added together to determine a total consensus score for each proposal.

B. Evaluation Criteria

i. Evaluation of Competitive Sealed Proposals. Optional processes may be

approved on a case by case basis by the Deputy Finance Director in consultation with the Law Department.

ii. Determining Responsiveness and Responsibility

a. Offers will be reviewed for documentation of minimum qualifications,

completeness, and compliance with the Solicitation requirements. The City reserves sole discretion to determine responsiveness and responsibility.

b. Responsiveness: Nonresponsive proposals will not be considered in the evaluation process. The RFP states criteria that determine responsiveness, and the RFP includes terms and conditions that if

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included or excluded from proposals (as the case may be) will render a proposal nonresponsive. Exceptions, conditions, reservations, or understandings are presumed to be unacceptable, and a Proposal that includes unacceptable exceptions, conditions, reservations, or understandings may be rejected as nonresponsive. Alternatively, the City in its sole discretion may instruct in writing that any Proposer remove the conditions, exceptions, reservations or understandings. If the Proposer fails to do so in writing, the City may determine the Proposal to be nonresponsive.

c. Responsibility: To obtain true economy, the City must conduct solicitations to minimize the possibility of a subsequent default by the contractor, late deliveries, or other unsatisfactory performance that may result in additional administrative costs. It is important that the proposer be a responsible contractor. Responsibility includes the Proposer’s integrity, skill, capacity, experience, and facilities for conducting the work to be performed.

d. The Procurement Officer, in consultation with legal counsel, will review

each Proposal to determine if the Proposer is responsible. The City’s determination as to whether an Proposer is responsible will be based on the information furnished by the Proposer, interviews (if any), any information at the City’s request, information in any best and final offer, and information received from Proposer’s references, including information about Proposer’s past history and any other sources the City deems appropriate. Award of the Contract resulting from the Solicitation will not be made until any necessary investigation, which each Proposer agrees to permit by submitting its Offer, is made by the City as it deems necessary.

e. A review of responsibility may occur up to contract award. f. The Proposer’s unreasonable failure to promptly supply information in

connection with an inquiry with respect to responsibility may be grounds for a determination of nonresponsibility with respect to such Proposer.

C. Evaluation Requirements:

Each Proposal has two parts; a Technical component and a Price (“Cost” or

“Pricing”) component. Each Proposal will be evaluated on its technical and cost

merits by a panel of reviewers. The Proposal Evaluation Criteria (listed in relative

order of importance) are as follows:

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Item Points Comments

A. QUALIFICATIONS/EXPERIENCE 100 Ability to provide qualified services

B. TECHNICAL PROPOSAL (500 PTS)

1. Promotion/Marketing 65 Ability to promote and market system to public

2. Pre-Launch System Testing 40 System testing before program launch

3. Customer Options 90 Payment plan and user options for public

4. Central Computer System 55 Functionality of main computer system

5. Database 35 Record keeping management system

6. Cell Phone Application & Website 95 Functionality for city and public users

7. Service Operations 65 Quality of customer service/staffing

8. Performance Metrics 55 Ability to meet service levels

The Business Models and Implementation Schedules of the qualified Offerors that had been selected for further consideration will then be opened, evaluated, and scored based on the following criteria and weights:

Item Points Comments

C. BUSINESS MODEL ( 300 PTS)

1. User Fees 250 System pricing for public usage

2. Business Model Criteria 50 Ability to secure project financing

D. IMPLEMENTATION SCHEDULE 100 Ability to expedite schedule

i. Proposer’s Experience and Qualifications.

a. Business History. The Proposer shall provide a history of the business

including the date established, the type of ownership or legal structure of

the business (sole proprietor, partnership, corporation, etc.), the length of

time that the firm has been operating as the legal entity and the length of

time the firm has been providing the requested services. Discuss the

areas of expertise and resources available both nationally and locally to

provide the requested services.

b. Key Personnel. List the proposed key members of staff to be assigned to

the City’s contract including their roles and estimated participation in

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delivering the services. Attach resumes of the Key personnel that will be

assigned to these services. Include education and training. Resumes

shall state clearly any experience specifically related to the Scope of Work

and list any similar work successfully completed. [Limit three (3) pages

per resume.]

c. Adverse Actions/Potential Impact. State whether the company is currently

involved in any litigation, threatened litigation, investigation,

reorganization, receivership, filing, strike, audit, corporate acquisition,

unpaid judgments or other action that could have an adverse impact on

your ability to provide the required RFP needs. If so, please describe the

nature of the item and its potential impact. State whether your firm has

been unable to complete a contract, been removed from a contract, or

been replaced during a contract period in the past five years. If so, explain

what happened and why.

d. Government/Corporate Experience. State your firm’s experience in

providing services to large public entities or large corporate entities. List

other government contracts that you have now or have had in the past five

years including the City of Phoenix. [Not to exceed 3 pages]

e. Sample Projects. Describe sample projects (not to exceed 3) which best

illustrate the firm’s qualifications for the scope of the services; identifying

any projects accomplished by current staff while conducted under the

employment of others. Projects must be of similar complexity completed

and demonstrate the proposer’s ability and experience to successfully

perform the services. [Not to exceed 5 pages total]

f. Customer References. Proposer shall furnish as references a minimum of

three (3) references but no more than five [5] from firms or government

organizations for which the Proposer is currently furnishing services; or in

the past five years has completed services. References from large public

entities or large corporate entities are preferred. Please provide for each

reference: Name of Company or Government Entity, Name of Reference,

Address, Telephone Number and E-mail Address [if available].

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g. Other Relevant Information. Submit any other information which

documents other skills or experience relating to the requirements of this

RFP which you believe may be relevant including brochures and

descriptions.

ii. Method of Approach. Describe the firm’s method of approach to satisfy the

requirements of the solicitation. This should be accomplished by covering the

Scope of Work requirements. Proposer may utilize a written narrative or other

printed technique to demonstrate the ability to satisfy the Scope of Work.

Address issues such as:

a. Milestones. Provide a list of milestones and proposed deliverables for

each milestone.

b. Work Schedule. Provide a schedule of work consistent with the

requirements of the Scope of Work.

c. Customer Service – Availability. Provide an estimate of key personnel time

on each major step. State the work schedule (days and hours) that the

contract representative will be available and the anticipated turnaround

time for returning phone calls. State the availability of assigned personnel

to perform the work according to the timing/needs of the City. Provide a

brief assessment of the current workload and capacity of the Proposer to

carry out the Scope of Work.

d. Customer Service – Office Resources. State or describe the on-site

resources such as office space, conference rooms, clerical support for

meeting arrangements as relevant to the services provided.

e. Sample Reports. Describe or provide a sample progress report or form.

f. Technology. Describe how your firm uses technology in performing

services.

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g. Budget Controls. Describe the fiscal accounting processes and budgetary

controls that you will use to ensure the responsible use and management

of contract funds and accurate invoicing. State how costs incurred under

this project will be appropriately accounted for and only applicable project

expenses will be billed to the city of Phoenix. State your fiscal reporting

and monitoring capabilities (e.g. spread sheets, automated fiscal reports,

quality controls, checks and balances), to ensure contract funds are

managed responsibly. Describe the procedures that you will take to

ensure that the City receives satisfactory products and services at low

costs, i.e., how will your firm strive to provide the best value at the lowest

price.

iii. Price Proposal. Proposers shall submit prices. The pricing must be a firm fee.

Unless otherwise and specifically provided, the price is all-inclusive and must

include all necessary costs, including materials, labor, travel, copying costs,

incidentals, equipment, space, taxes, profit, insurance and any other items

necessary to effectively conduct and complete the Scope of Work.

D. Detailed Evaluation of Proposals and Determination of Competitive Range

During deliberations, the Evaluation Panel will reach a consensus score for each evaluation criterion except price. The Procurement Officer will score the price, which will be added to the consensus score. The consensus scores will determine the Proposers’ rankings and which Proposals are within the Competitive Range, when appropriate.

E. Proposals not within the Competitive Range

The City may notify Proposers of proposals that the City determined are not in the Competitive Range.

Discussions with Proposers in the Competitive Range:

a. The City will notify each Proposer whose proposal is in the Competitive Range or made the “short list” and provide in writing any questions or requests for clarification to the Proposer. Each Proposer so notified may be interviewed by the City and asked to discuss answers to written or oral questions or provide clarifications to any facet of its proposal. The proposers in the competitive range may be required to provide a demonstration of their product.

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b. Demonstrations – Proposers in the competitive range may be invited to

construct a hands-on sample or presentation of their solution at the City of Phoenix. In addition, each finalist may prepare and deliver a presentation of their proposed solution based on the script developed by the evaluation panel. The City may also require a hands-on lab demonstration designed specifically for the evaluation panel. The results of the surveys will be tabulated and delivered to the evaluation team for the final review and solution selection session(s).

If a proposal in the Competitive Range contains conditions, exceptions,

reservations or understandings to or about any Contract or Solicitation requirement, the City may discuss or negotiate the conditions, exceptions, reservations or understandings during these meetings. But the City in its sole discretion may reject any and all conditions, exceptions, reservations and understandings, and the City may instruct any Proposer to remove the conditions, exceptions, reservations or understandings. If the Proposer fails to do so, the City may determine the Proposal is nonresponsive, and the City may revoke its determination that the proposal is in the Competitive Range.

c. To the fullest extent permitted by law, the City will not provide any

information, financial or otherwise, to any Proposer about other proposals received in response to this RFP. During discussions with Proposers in the Competitive Range, the City will not give Proposers specific prices or specific financial requirements that Proposers must meet to qualify for further consideration. But the City may state that proposed prices are too high with respect to the marketplace or otherwise unacceptable. Proposers will not be told of their relative rankings before Contract award.

9. BEST AND FINAL OFFERS (BAFO)

A. A BAFO is an option available for negotiations. Each Proposer in the Competitive

Range may be afforded the opportunity to amend its proposal and make one BAFO. The request for BAFOs will include the following:

i. Notice that discussions/negotiations are concluded.

ii. Notice that this is the opportunity to submit a written BAFO.

iii. A common date and time for submission of a BAFO by each Proposer in the

Competitive Range, allowing a reasonable opportunity to prepare BAFOs.

iv. Notice that if any modification to a BAFO is submitted, it must be received by the date and time specified for receipt of BAFOs.

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v. Notice to Proposers that do not submit a notice of withdrawal or a BAFO that their immediately previous proposal will be construed as their BAFO.

B. If a Proposer’s BAFO modifies its initial Proposal, the modifications must be

identified in the BAFO. The City will evaluate BAFOs based on the same requirements and criteria applicable to initial Proposals. The City will adjust appropriately the initial scores for criteria that have been affected by Proposal modifications made by a BAFO. Based on the criteria defined in the RFP as weighted, the City will then perform final scoring and prepare final rankings.

C. The Evaluation Panel will recommend the proposal that is the best value and most advantageous to the City based on the evaluation criteria. The results of the evaluation and the selection of a Proposer for any award will be documented in the solicitation file.

D. The City reserves the right to make an award to a Proposer whose proposal is the highest rated, best value, and most advantageous to the City based on the evaluation criteria, without conducting written or oral discussions with any Proposer, without negotiations, and without soliciting BAFOs.

E. Late Proposals. Late Proposals must be rejected, except for good cause. If a late

Proposal is submitted, the Department will document the date and time of the submittal of the late Proposal, keep the Proposal and notify the Proposer that its Proposal was disqualified for being a late Proposal.

6. GENERAL TERMS AND CONDITIONS OF PROPOSAL

A. Transparency Policy

Commencing on the date and time a solicitation is published, potential or actual proposers or respondents (including their representatives) shall only discuss matters associated with the solicitation with the Mayor, any members of City Council, the City Manager, any Deputy City Manager, or any department director directly associated with the solicitation (including in each case their assigned staff, except for the designated Procurement Officer) at a public meeting, posted under Arizona Statutes, until the resulting contract(s) are awarded to all offers or responses are rejected and the solicitation is cancelled without any announcement by the Procurement Officer of the City’s intent to reissue the same or similar solicitation. As long as the solicitation is not discussed, Proposers may continue to conduct business with the City and discuss business that is unrelated to the solicitation with the City staff who is not involved in the selection process. Proposers may discuss their proposal or the solicitation with the Mayor or one or more members of the Phoenix City Council, provided such meetings are

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scheduled through the Procurement Officer conducted in person at 251 West Washington, Phoenix, Arizona, 85003, and are posted as open meetings with the City Clerk at least twenty-four (24) hours prior to the scheduled meetings. The City Clerk will be responsible for posting the meetings. The posted notice shall identify the participants and the subject matter, as well as invite the public to participate. With respect to the selection of the successful Proposers, the City Manager and/or City Manager's Office will continue the past practice of exerting no undue influence on the process. In all solicitations of bids and proposals, any direction on the selection from the City Manager and/or City Manager's Office and Department Head (or representative) to the proposal review panel or selecting authority must be provided in writing to all prospective proposers. This policy is intended to create a level playing field for all Proposers, assure that contracts are awarded in public, and protect the integrity of the selection process. PROPOSERS THAT VIOLATE THIS POLICY SHALL BE DISQUALIFIED. After official disqualification notice is received, the Proposer may follow the Protest process, unless the Solicitation is cancelled without notice of intent to re-issue. “To discuss” means any contact by the proposer, regardless of whether the City responds to the contact. Proposers that violate this policy shall be disqualified until the resulting contract(s) are awarded, or all offers or responses are rejected and the solicitation is cancelled without any announcement by the Procurement Officer of the City’s intent to reissue the same or a similar solicitation. The City interprets the policy as continuing through a cancellation of a solicitation until Council award of the contract, as long as the City cancels with a statement that the City will rebid the solicitation.

B. Equal Employment Opportunity Requirements The successful proposer must comply with Phoenix City Code, Chapter 18, Article V, as amended. Proposers should direct any questions about these requirements to the Equal Opportunity Department at 602-262-6790.

C. Award Recommendations

Award recommendations will be posted at https://www.phoenix.gov/finance/business-opportunities/bid-awards-and-recommendations. On the day the City posts the award recommendation, the procurement file for this RFP will be available for proposers and the public to review. The procurement file constitutes all proposals, the RFP and all addenda, advertising documents, agendas, meeting minutes, presentations (if any), signed conflict of interest statements by evaluation panel members, and evaluation panel consensus scoring.

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D. Disclosure of Confidential and Proprietary Information

All materials submitted by proposers shall become the property of the City and become a matter of public record available for review pursuant to Arizona law. Each proposer shall mark any information submitted as part of its proposal that the proposer deems confidential or proprietary (collectively Confidential Information). If the City receives a request to review or disclose such Confidential Information, the City will provide the proposer written notice of the request to allow the proposer the opportunity to obtain a court order to prevent the disclosure or review of such Confidential Information. The proposer must obtain and deliver to the Procurement Officer a court order within the time specified in the City’s written notice. If no court order is issued and received by the Procurement Officer within the time specified, the City may disclose or allow the review of such Confidential Information. If a proposer intends to seek a Court Order to shield its Confidential Information, the protest period will be extended the same number of days to allow for this process.

E. City’s Reservation of Rights

The City reserves the right to take any course of action the City deems appropriate at the City's sole and absolute discretion, which may include: i. Waiving any defects or informalities in any proposal or proposing procedure; ii. Accepting or rejecting any or all proposals or any part of any or all proposals; iii. Canceling the RFP in part or in its entirety; iv. Reissuing the RFP with or without modification; v. Negotiating with any qualified proposer; vi. Extending the deadline for proposals; and/or vii. Requesting additional information from any or all proposers.

F. City's Right to Disqualify for Conflict of Interest The City reserves the right to disqualify any respondent who fails to provide information or data requested herein or who provides materially inaccurate or misleading information or data. The City reserves the right to disqualify any respondent on the basis of any real or apparent conflict of interest that is disclosed by the submittals submitted or any other data available to the City. This disqualification is at the sole discretion of the City. By submission of a submittal hereunder, the respondent waives any right to object now or at any future time, before any body or agency, including but not limited to, the City Council, or any court, as to the exercise by the City of such right to disqualify or as to any disqualification by reason of real or apparent conflict of interest determined by the City.

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Additionally, any respondent or any member or affiliate of a responding team that currently contracts with the City must be in good standing for its submittal to be considered responsive. For the purpose of this RFP, good standing refers to compliance with all contractual provisions, including payment of financial obligations.

G. Preparation Costs

Under no circumstance will the City be responsible for any costs incurred by anyone in: 1) responding to this RFP; 2) in any subsequent follow up to the proposal; or 3) in any subsequent negotiations of a contract.

H. City’s Sole Determination of Responsiveness and Responsibility

Proposals will be reviewed for documentation of minimum qualifications, completeness, and compliance with the RFP requirements. The City reserves the sole right to determine responsiveness and responsibleness, which includes the City’s determination of the proposer’s integrity, skill, capacity, experience, and facilities for conducting the work to be performed. The City’s determination as to whether a proposer is responsible will be based on the information furnished by the proposer, interviews (if any), and any other sources the City deems appropriate. Award of the agreement(s) resulting from this RFP will not be made until such investigations, which each proposer agrees to permit by submitting its proposal, are made by the City as it deems necessary.

I. Proposer Certification and Affidavit

By submitting a proposal, each proposer certifies it has not paid or agreed to pay any fee or commission, or any other item of value contingent on the award of a contract to any employee, official or current contracting consultant of the City. Any proposer unable to comply with any required certifications may be disqualified. In compliance with A.R.S. §§ 1-501 and -502, the City shall require any successful proposer that submits its proposal as a sole proprietorship or as an individual to complete the Affidavit of Lawful Presence prior to the award of any contract resulting from this process.

J. Covenant Against Contingent Fees Paid to Proposer By submitting a proposal, the proposer certifies it has not employed or retained any person or company, other than a member of its proposed team or a bona fide employee working solely for the proposer, to solicit or secure the contract

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described in this RFP, and that no agreement has been made to pay the proposer or any member of its team any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or execution of such contract. For breach or violation of this certification, the City shall have the right to annul any contract entered into with a proposer as result of this RFP without liability, or in its discretion to deduct the contract price or consideration, or otherwise, recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee.

K. No Gratuities Proposers shall not offer any gratuities, favors, or anything of monetary value to any official or employee of the City nor its advisors for the purposes of influencing this selection. Any attempt to influence the selection process by any means, other than disclosure of qualifications and credentials through the proper channels, shall be grounds for exclusion from the selection process.

10. PROTEST PROCESS

Bidder(s)/Proposer(s) may protest the contents of a solicitation before the solicitation deadline when the protest is based on an alleged mistake, impropriety or defect in the solicitation that is apparent. Protests filed regarding the solicitation may be addressed by an amendment to the solicitation, or denied by the City. If denied, the opening and award will proceed unless the City determines that it is in the City’s best interests to set new deadlines, amend the solicitation, cancel or re-bid. Therefore, unless otherwise notified by a formal amendment, the Protester must adhere to all solicitation dates and deadlines, including timely filing of an offer, regardless of filing a protest. Bidder(s)/Proposer(s) may protest an adverse determination issued by the City, regarding whether the Bidder(s)/Proposer(s) is responsible or its offer or response is responsive, within seven days of the date the Bidder(s)/Proposer(s) was notified of the adverse determination. Bidder(s)/Proposer(s) may protest an award recommendation if the Bidder(s)/Proposer(s) can establish that it had a substantial chance of being awarded the contract and will be harmed by the recommended award. Staff recommendations to award the contract(s) to a particular Bidder(s)/Proposer(s) shall be posted on the City's website. An unsuccessful Bidder(s)/Proposer(s) may file a protest no later than 7 calendar days after the recommendation is posted on the website.

A. All protests shall be in writing, filed with the Procurement Officer identified in the

solicitation and include the following: B. Identification of the solicitation number;

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C. The name, address and telephone number of the protester; D. A detailed statement describing the legal and factual grounds for the protest,

including copies of relevant documents; E. The form of relief requested; and F. The signature of the protester or its authorized representative.

The Procurement Officer will render a written decision within a reasonable period of time after the protest is filed. The City will not request City Council authorization to award the contract until the protest process is completed. All protests and appeals must be submitted in accordance with the Procurement Code (Phoenix City Code, Section 43) and Administrative Regulation 3.10 and any protests or appeals not submitted within the time requirements will not be considered.

11. Execution of Agreement(s)

The City will send the final agreement to the recommended proposer. Within 30 calendar days from the date the agreement was sent, the recommended proposer must sign and submit the final agreement to the City. If the City does not receive the signed agreement and all other required documentation from the recommended proposer within calendar 30 days, the City may consider not awarding the agreement to the proposer. Until such time as the City executes an agreement with a recommended proposer, no contractual relationship exists. If the recommended proposer is subject to regulation by the Arizona Corporation Commission (ACC), it must be authorized to transact business in Arizona and be in good standing with the ACC at the time it signs the agreement.

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PROFESSIONAL SERVICES CONSULTING AGREEMENT BETWEEN THE CITY OF PHOENIX AND

INSERT LEGAL NAME OF CONSULTANT HERE This AGREEMENT is made and entered into this 1ST day of December, 2017 by and between the City of Phoenix, Arizona, a municipal corporation of the State of Arizona (hereinafter referred to as “City”) and insert legal name of Consultant here, insert state of corporation and correct business name – Corporation, LLC, etc that you have confirmed on the Arizona Corporation Commission website, (hereinafter referred to as “Consultant”). 1. TERM OF AGREEMENT

A. This Agreement will commence on 12-1-17 and the term will be for 3 years with 2 Options.

B. This Agreement will terminate upon the earliest occurrence of any of the

following:

i. reaching the end of the term exercised as set forth in 1(A);

ii. completing the services set forth in the Scope of Work attached as Exhibit A (the “Services”);

iii. payment of the maximum compensation under Paragraph 2 of this

Agreement; or

iv. termination pursuant to the provisions of this Agreement. 2. PAYMENT

A. The total amount to be remitted by the City to Consultant for all Services satisfactorily performed under this Agreement will not exceed Dollars ($ ) per year including reasonable and necessary travel expenses, if approved in advance by the City and included in the Fee Schedule Exhibit B. Under this Agreement, the City will pay for Services at the rate(s) specified in the Fee Schedule and that comply with the requirements for Reimbursable Expenses as outlined below, with no additional charges for overhead, benefits, local travel or administrative support. Payments will be made in proportion to the Services performed and no more than ninety percent (90%) of the total contract price will be paid before the work is totally completed and accepted by the City.

B. Consultant will submit monthly invoices on or before the 15th of every month. Each monthly invoice will be accompanied with itemized receipts. The monthly invoice will be submitted free of mathematical errors and/or missing

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supporting documentation. All appropriate documentation will be provided that supports the charges reflected in the monthly invoice. Upon finding of an error and/or missing documentation, the City will return the monthly invoice to the Consultant. Consultant will promptly resubmit the revised monthly invoice to the City. Each revised invoice will document the date that the revised invoice is submitted to the City. Requests for payment must be submitted with documentation of dates and hours worked, hourly rate charged, and a detailed description of the Services performed. Failure of City to identify an error does not waive any of the City’s rights. Invoices will be submitted to:

C. Consultant will demonstrate good judgment when incurring costs that are considered a Reimbursable Expense while conducting business for the City. All Reimbursable Expenses will be reasonable and prudent. Generally, Reimbursable Expenses include:

i. Business Expenses: If applicable, receipts for business expenses must be submitted with all requests for payment. Business expenses that require receipts include, but are not limited to express mail; delivery services; messenger services; and outside printing.

ii. Office Expenses: If applicable, requests for reimbursement of office expenses must be submitted with a description of the task, which includes how the expense was incurred. Examples of office expenses needing documentation include, but are not limited to telephone; internal printing/copies (not to exceed 0.15 cents per page for black & white copies); postage; facsimiles (long distance charges only); and supplies.

iii. Travel Expenses: If applicable, travel expenses must be approved in advance by the City and must be included in the Fee Schedule. Consultant will be held to comply with City of Phoenix Administrative Regulation 3.41 – Business, Conference and Training Travel and Related Expenses, revised January 16, 2015, as it may be amended, as to the eligible and ineligible expenses for reimbursement and required documentation as available on the City’s website and incorporated herein as if attached.

3. SCOPE OF WORK AND SPECIAL TERMS AND CONDITIONS

Consultant will provide consulting services that will be in accordance with the Scope of Work as set forth in Exhibit A, which may be supplemented with additional detail from time to time during the term of the Agreement, and that are satisfactory to the City. In performing these services, Consultant will also specifically comply with the applicable Supplemental Terms and Conditions that are set forth in Exhibit E.

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Consultant will provide progress reports to the Insert Who Consultant is to provide report to, or “the City” according to a mutually agreed-upon schedule.

4. SEE EXHIBIT C FOR INDEMNIFICATION AND INSURANCE REQUIREMENTS 5. INDEPENDENT CONTRACTOR STATUS; EMPLOYMENT DISCLAIMER

A. The parties agree that Consultant is providing the Services under this Agreement on a part-time and/or temporary basis and that the relationship created by this Agreement is that of independent contractors. Neither Consultant nor any of Consultant’s agents, employees or helpers will be deemed to be the employee, agent, or servant of the City. The City is only interested in the results obtained under this Agreement; the manner, means and mode of completing the same are under the sole control of Consultant.

B. This Agreement is not intended to constitute, create, give rise to, or otherwise

recognize a joint venture, partnership or formal business association or organization of any kind, and the rights and obligations of the parties will be only those expressly set forth in this Agreement. The parties agree that no individual performing under this Agreement on behalf of Consultant will be considered a City employee, and that no rights of City Civil Service, City retirement or City personnel rules will accrue to such individual. Consultant will have total responsibility for all salaries, wages, bonuses, retirement, withholdings, worker’s compensation, other employee benefits, and all taxes and premiums appurtenant thereto concerning such individuals and will save and hold harmless the City with respect thereto.

6. LEGAL WORKER REQUIREMENTS

The City is prohibited by Arizona Revised Statutes § 41-4401 from awarding an agreement to any contractor who fails, or whose subcontractors fail, to comply with Arizona Revised Statutes § 23-214(A). Therefore, Consultant agrees that:

A. Consultant and each subcontractor it uses warrants their compliance with all

federal immigration laws and regulations that relate to their employees and their compliance with Arizona Revised Statutes § 23-214, subsection A.

B. A breach of warranty under paragraph A will be deemed a material breach of the

Agreement and is subject to penalties up to and including termination of the Agreement.

C. The City retains the legal right to inspect the papers of the Consultant or

subcontractor employee(s) who work(s) on this Agreement to ensure that Consultant or subcontractor is complying with the warranty under paragraph A.

7. CONFIDENTIALITY AND DATA SECURITY

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A. All data, regardless of form, including originals, images and reproductions,

prepared by, obtained by, or transmitted to Consultant in connection with this Agreement is confidential, proprietary information owned by the City. Except as specifically provided in this Agreement, the Consultant will not disclose data generated in the performance of the Services to any third person without the prior written consent of the City Manager, or his/her designee.

B. Personal identifying information, financial account information, or restricted City information, whether electronic format or hard copy, must be secured and protected at all times to avoid unauthorized access. At a minimum, Consultant must encrypt and/or password protect electronic files. This includes data saved to laptop computers, computerized devices or removable storage devices. When personal identifying information, financial account information, or restricted City information, regardless of its format, is no longer necessary, the information must be redacted or destroyed through appropriate and secure methods that ensure the information cannot be viewed, accessed, or reconstructed.

C. In the event that data collected or obtained by the Consultant in connection with

this Agreement is believed to have been compromised, Consultant will notify the City Privacy Officer immediately. Consultant agrees to reimburse the City for any costs incurred by the City to investigate potential breaches of this data and, where applicable, the cost of notifying individuals who may be impacted by the breach.

D. Consultant agrees that the requirements of this Section will be incorporated into

all subcontractor/sub consultant agreements entered into by the Consultant. It is further agreed that a violation of this Section will be deemed to cause irreparable harm that justifies injunctive relief in court. A violation of this Section may result in immediate termination of this Agreement without notice.

E. The obligations of Consultant under this Section will survive the termination of

this Agreement. 8. CONTACTS WITH THIRD PARTIES

Consultant or its subcontractors will not contact third parties to provide any information in connection to the Services provided under this Agreement without the prior written consent of the City. Should Consultant or its subcontractors be contacted by any person requesting information or requiring testimony relative to the Services provided under this Agreement or any other prior or existing Agreement with the City, Consultant or its subcontractors will promptly inform the City giving the particulars of the information sought and will not disclose such information or give such testimony without the written consent of the City or court order. The obligations of Consultant and its subcontractors under this Section will survive the termination of this Agreement.

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Consultant agrees that the requirements of this Section will be incorporated into all subcontractor agreements entered into by the Consultant. It is further agreed that a violation of this Section will be deemed to cause irreparable harm that justifies injunctive relief in court. A violation of this Section may result in immediate termination of this Agreement without notice.

9. SBE/ DBE UTILIZATION

The City extends to each individual, firm, vendor, supplier, contractor and subcontractor an equal economic opportunity to compete for City business and strongly encourages voluntary utilization of small and/or disadvantaged businesses to reflect both the industry and community ethnic composition. The use of such businesses is encouraged whenever practical.

10. AUDIT/RECORDS

The City reserves the right, at reasonable times, to audit Consultant’s books and records relative to the performance of service under this Agreement. All records pertaining to this Agreement will be kept on a generally accepted accounting basis for a period of FIVE (5) years following termination of the Agreement. If, following an audit of this Agreement, the audit discloses the Contractor has provided false, misleading, or inaccurate cost and pricing data, and the cost discrepancies exceed 1% of the total Agreement billings, the Contractor will be liable for reimbursement of the reasonable, actual cost of the audit.

11. COMPLIANCE WITH LAWS

Consultant will comply with all existing and subsequently enacted federal, state and local laws, ordinances, codes, and regulations that are, or become applicable to this Agreement. If a subsequently enacted law imposes substantial additional costs on Consultant, a request for an amendment may be submitted pursuant to this Agreement.

12. AMENDMENTS

Whenever an addition, deletion or alteration to the Services described in Exhibit A substantially changes the Scope of Work thereby materially increasing or decreasing the cost of performance, a supplemental agreement must first be approved in writing by the City and Consultant before such addition, deletion or alteration will be performed. Changes to the Services may be made and the compensation to be paid to Consultant may be adjusted by mutual agreement, but in no event may the compensation exceed the amount authorized without further written authorization. It is specifically understood and agreed that no claim for extra work done or materials furnished by Consultant will be allowed except as provided herein, nor will

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Consultant do any work or furnish any materials not covered by this Agreement unless first authorized in writing. Any work or materials furnished by Consultant without prior written authorization will be at Consultant’s risk, cost and expense, and Consultant agrees to submit no claim for compensation or reimbursement for additional work done or materials furnished without prior written authorization.

13. NO ORAL ALTERATIONS

No alteration or variation of the terms of this Agreement will be binding on the parties herein unless such alteration or variation is in writing and signed by each of the parties to this Agreement. No oral understanding or agreement not incorporated in this Agreement will be binding on any of the parties herein.

14. NOTICES

Any notice, consent or other communication (“Notice”) required or permitted under this Agreement will be in writing and either: (1) delivered in person; (2) sent via e-mail, return receipt requested; (3) sent via facsimile transmission; (4) deposited with any commercial air courier or express delivery service; or (5) deposited in the United States mail, postage prepaid. If to Consultant: If to City: Mr. Thomas Thorpe 200 West Washington Street Phoenix, Arizona 85003 602-495-6769 [email protected] Notice will be deemed received: (1) at the time it is personally served; (2) on the day it is sent via e-mail; (3) on the day it is sent by facsimile transmission; (4) on the second day after its deposit with any commercial air courier or express delivery service; or (5) five business days after the Notice is deposited in the United States mail as above provided. Any time period stated in a Notice will be computed from the time the Notice is deemed received. Notices sent by e-mail and facsimile transmission will also be sent by regular mail to the recipient at the above address. This requirement for duplicate Notice is not intended to change the effective date of the Notice sent by e-mail or facsimile transmission.

15. INTEGRATION

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This Agreement constitutes and embodies the full and complete understanding and agreement of the parties hereto and supersedes all prior understandings, agreements, discussions, proposals, bids, negotiations, communications, and correspondence, whether oral or written. No representation, promise, inducement or statement of intention has been made by any party hereto which is not embodied in this Agreement, and no party will be bound by or liable for any statement of intention not so set forth.

16. GOVERNING LAW; FORUM; VENUE

This Agreement is executed and delivered in the State of Arizona, and the substantive laws of the State of Arizona (without reference to choice of law principles) will govern their interpretation and enforcement. Any action brought to interpret or enforce any provision of this Agreement that cannot be administratively resolved, or otherwise related to or arising from this Agreement, will be commenced and maintained in the state or federal courts of the State of Arizona, Maricopa County, and each of the parties, to the extent permitted by law, consents to jurisdiction and venue in such courts for such purposes.

17. FISCAL YEAR CLAUSE

The City’s fiscal year begins July 1st and ends June 30th each calendar year. The City may make payment for services rendered or costs encumbered only during a fiscal year and for a period of sixty (60) days immediately following the close of the fiscal year, under the provisions of Arizona Revised Statutes §42-17108. Therefore, Consultant must submit billings for services performed or costs incurred prior to the close of a fiscal year within ample time to allow payment within this 60-day period.

18. TERMINATION OR SUSPENSION OF SERVICES

A. City’s Right to Terminate The City reserves the right to terminate this Agreement without cause, or to abandon the Services, or any part of the Services not then completed, by notifying Consultant in writing. Immediately upon receiving a written notice to terminate or suspend Services, Consultant will:

i. Discontinue advancing the work in progress, or such part that is described in

the notice.

ii. Deliver to the City all collected raw data, draft reports, preliminary reports, working papers, estimates and forecasts entirely or partially completed, together with all unused materials supplied by the City.

iii. Appraise the work it has completed and submit its appraisal to the City for

evaluation.

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iv. Be paid in full the pro rata value for services performed to the date of its receipt of the Notice of Termination, including reimbursement for all reasonable costs and expenses incurred by Consultant in terminating the work, including demobilization of field service. No payment will be made for loss of anticipated profits or unperformed services.

B. Final Payment

The City will make final payment for all Services performed and accepted within sixty (60) days after Consultant has delivered to the City any final progress reports, documentation, materials and evidence of costs and disbursement as required under this Agreement. Any use by the City of preliminary reports, raw data or other incomplete material returned by Consultant will be at the City’s sole risk for such use.

C. Temporary Suspension

The City may, by written notice, direct Consultant to suspend performance on all or any part of the Services for such period of time as may be determined by the City to be necessary or desirable for its convenience. If such suspension causes additional expense to Consultant in performance, and not due to fault or negligence of Consultant, the payment will be adjusted on the basis of actual costs resulting directly from the suspension, and the period for performance of the Services will be extended by mutual agreement. Any claim by Consultant for a price adjustment must be supported by appropriate documentation asserted promptly after Consultant has been notified to suspend performance.

19. PROFESSIONAL COMPETENCY

A. Qualifications Consultant represents that it is familiar with the nature and extent of this Agreement, the Services, and any conditions that may affect its performance under this Agreement. Consultant further represents that it is fully experienced and properly qualified, is in compliance with all applicable license requirements, and is equipped, organized, and financed to perform such Services.

B. Level of Care and Skill

Services provided by Consultant will be performed in a manner consistent with that level of care and skill ordinarily exercised by members of Consultant’s profession currently practicing in the same industry under similar conditions. Acceptance or approval by the City of Consultant’s work will in no way relieve Consultant of liability to the City for damages suffered or incurred arising from the failure of Consultant to adhere to the aforesaid standard of professional competence.

20. SPECIFIC PERFORMANCE

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Consultant agrees that in the event of a breach by Consultant of any material provision of this Agreement, the City will, upon proper action instituted by it, be entitled to a decree of specific performance thereof according to the terms of this Agreement. In the event the City will elect to treat any such breach on the part of Consultant as a discharge of the Agreement, the City may nevertheless maintain an action to recover damages arising out of such breach. This paragraph is not intended as a limitation of such other remedies as may be available to the City under law or equity.

21. FORCE MAJEURE

Consultant will not be responsible or liable for, or deemed in breach hereof because of any delay in the performance of its obligations hereunder to the extent caused by circumstances beyond its control, without its fault or negligence, and that could not have been prevented by the exercise of due diligence, including but not limited to fires, natural disasters, riots, wars, unavoidable and unforeseeable site conditions, failure of the City to provide data within the City’s possession or to make necessary decisions or provide necessary comments in connection with any required reports prepared by Consultant in connection with the Services and the unforeseeable inability to obtain necessary site access, authorization, permits, licenses, certifications and approvals (such causes hereafter referred to as “Force Majeure”).

22. DOCUMENTATION

A. Dissemination and Retention There will be no dissemination or publication of any information gathered, or documents prepared in the course of the performance of the Services without the prior written consent of the City. Should the City, upon advice of counsel, deem it necessary, due to existing or anticipated litigation, to assert a legal privilege of protection and non-disclosure with regard to the subject matter of this Agreement, then, and in that event, upon written demand, Consultant will relinquish to the possession and control of the City its entire file related to this Agreement and only those portions of said file deemed by the City to be not privileged will be returned to Consultant pending the resolution of the existing or anticipated litigation.

B. Format and Quality

All documents prepared by Consultant will be prepared in a format and at a quality approved by the City.

C. Document Review

Consultant will review all documents provided by the City related to the performance of the Services and will promptly notify the City of any defects or deficiencies discovered in such review.

D. Submittals

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Consultant will provide timely and periodic submittals of all documents required of Consultant, including subcontracts, if any, as such become available to the City for review.

23. RELEASE OF INFORMATION – ADVERTISING AND PROMOTION

Consultant will not publish, release, disclose or announce to any member of the public, press, official body, or any other third party: (1) any information concerning this Agreement, the Services, or any part thereof; or (2) any documentation or the contents thereof, without the prior written consent of the City, except as required by law. The name of any site on which Services are performed will not be used in any advertising or other promotional context by Consultant without the prior written consent of the City.

24. CONFLICTS OF INTEREST

A. Consultant acknowledges that, to the best of its knowledge, information and belief, no person has been employed or retained to solicit or secure this Agreement upon a promise of a commission, percentage, brokerage, or contingent fee, and that no member of the Phoenix City Council or any employee of the City has any financial interest in the consulting firm. For breach of violation of this warranty, the City will have the right to annul this Agreement without liability, including any such commission, percentage, brokerage or contingent fee.

B. The City reserves the right to disqualify Consultant in the event that the City

determines that Consultant has an actual or apparent conflict of interest with the purposes of this Agreement and the provisions and procedures set forth in Paragraph 23 will apply.

C. Upon a finding by the City that gratuities in the form of entertainment, gifts or

inducements were offered or given by Consultant, or any agent or representative of Consultant, to any officer or employee of the City for the purpose of securing this Agreement, or securing favorable treatment with respect to the awarding, amending, or making of any determination with respect to the performance of this Agreement, the City may, by one (1) calendar day written notice to Consultant, terminate the right of Consultant to proceed under this Agreement, provided that the existence of the facts upon which the City made such finding will be an issue and may be litigated in an Arizona court of competent jurisdiction. In the event of such termination, the City will be entitled to the same remedies against Consultant as could be pursued in the event of default by Consultant.

D. This Agreement is subject to the requirements of Arizona Revised Statutes

§38-511. 25. PUBLIC RECORDS

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Notwithstanding any provisions of this Agreement regarding confidentiality, secrets, or protected rights, the Consultant acknowledges that all documents provided to the City may be subject to disclosure by laws related to open public records. Consequently, the Consultant understands that disclosure of some or all of the items subject to this Agreement may be required by law. In the event City receives a request for disclosure that is reasonably calculated to incorporate information that might be considered confidential by Consultant, the City agrees to provide the Consultant with notice of that request, which shall be deemed given when deposited by the City with the USPS for regular delivery to the address of the Consultant specified in their proposal. Within ten (10) days of City notice by the City, the Consultant will inform the City in writing of any objection by the Consultant to the disclosure of the requested information. Failure by the Consultant to object timely shall be deemed to waive any objection and any remedy against the City for disclosure. In the event the Consultant objects to disclosure within the time specified, the Consultant agrees to handle all aspects related to request, including properly communicating with the requestor and timely responding with information the disclosure of which the Consultant does not object thereto. Furthermore, the Consultant agrees to indemnify and hold harmless the City from any claims, actions, lawsuits, or any other controversy or remedy, in whatever form, that arises from the failure to comply with the request for information and the laws pertaining to public records, including defending the City in any legal action and payment of any penalties or judgments. This provision shall survive the termination of this Agreement.

26. CLAIMS OR DEMANDS AGAINST THE CITY

Consultant acknowledges and accepts the provisions of Chapter 18, Section 14 of the Charter of the City of Phoenix, pertaining to claims or demands against the City, including provisions therein for set-off of indebtedness to the City against demands on the City, and Consultant agrees to adhere to the prescribed procedure for presentation of claims and demands. Nothing in Chapter 18, Section 14 of the Charter of the City of Phoenix alters, amends or modifies the supplemental and complementary requirements of the State of Arizona Notice of Claim statutes, Arizona Revised Statutes §§ 12-821 and 12-821.01, pertaining to claims or demands against the City. If for any reason it is determined that the City Charter and state law conflict, then state law will control. Moreover, nothing in this Agreement will constitute a dispute resolution process, an administrative claims process, or contractual term as used in Arizona Revised Statutes § 12-821.01(C), sufficient to affect the date on which the cause of action accrues within Arizona Revised Statutes § 12-821.01(A) and (B).

27. WAIVER OF CLAIMS FOR ANTICIPATED PROFITS

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Consultant waives any claims against the City and its officers, officials, agents and employees for loss of anticipated profits caused by any suit or proceeding, directly or indirectly, involving any part of this Agreement.

28. CONTINUATION DURING DISPUTES

A. Consultant agrees as a condition of this Agreement that in the event of any dispute between the parties, provided no Notice of Termination has been given by the City, and if it is feasible under the terms of this Agreement each party will continue to perform the obligations not related to the dispute required of it during the resolution of such dispute, unless enjoined or prohibited by a court of competent jurisdiction.

B. Failure or delay by either party to exercise any right, power or privilege specified

in or appurtenant to this Agreement will not be deemed a waiver. 29. THIRD PARTY BENEFICIARY CLAUSE

The parties expressly agree that this Agreement is not intended by any of its provisions to create any right of the public or any member thereof as a third party beneficiary nor to authorize anyone not a party to this Agreement to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of this Agreement.

30. NO ISRAEL BOYCOTT

By entering into this contract, the Contractor/Consultant certifies that they are not currently engaged in, and agrees for the duration of the contract to not engage in, a boycott of Israel.

IN WITNESS WHEREOF, the parties herein have caused this Agreement to be executed, effective as of the date and time in the first paragraph; CITY OF PHOENIX, a municipal corporation ED ZUERCHER, City Manager By: Name Title ATTEST: City Clerk

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APPROVED AS TO FORM: Acting City Attorney If your company is a corporation: Name of company Corporation a State corporation By:___________________ Name Title, such as President and CEO If your company is a Limited Liability with Individual members: Name of company, LLC, an State limited liability company By:____________________________ Name Member

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EXHIBIT A – SCOPE OF WORK

The City desires to select one qualified vendor to provide services for implementing and operating a highly successful and financially self-sustaining complete parking payment-by-phone (PBP) option for all existing as well as all planned on-street paid parking meters in Phoenix. This service will allow the ability for customers to remotely pay by handheld devices through mobile payment applications for parking. The City of Phoenix is interested in a parking PBP service that offers the following services:

• With a single call or action, a customer can pay for a specific period of parking time

• Payment through multiple options, including web, text, IVR, application and/or NFC-enabled (or similar technology)

• Customer option to be informed at a predetermined time period of the expiration of their paid parking session

• Allows purchase of additional time not past the maximum time allowed for that specific parking space

• Does not allow purchase when desired time includes restricted parking periods for that parking space (e.g., morning and afternoon commute peak period parking restrictions or during City-established paid parking holidays)

• Considers adding a feature to allow merchants to validate on-street parking or other creative ways to enhance the overall customer and neighborhood business experience

The intent of this RFP is to select a pay-by-phone vendor who can provide the best service that supports the City’s overall parking goals. The City will select one proposer to implement this service.

• By December 1st: The vendor will initiate the Service city-wide for only the IPS single-space meter technologies (i.e. IPS single space credit-card enabled (1,688 meters and the electronic-coin only meters) available for the general public’s use to develop the following:

� Programming • Various rates • Various durations (including variable durations based on

time of day and day of the week) � Enforcement Integration � Customer service � Reporting

The selected Vendor will be responsible for all expenses related to providing City-wide deployment of a mobile phone payment system during the contract period including but not limited to; implementation, supplementing existing City signage and meter decals,

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marketing and advertising. This includes all costs associated with systems to accept mobile pay by phone payments. In general, the Vendor will provide the City with a reliable mobile phone payment system application that will be able to integrate all the on-street parking spaces with varying rates, time limits, and days and times of operation. The City of Phoenix expects that the Vendor will be the merchant of record to accept payment for parking via pay by phone on behalf of the City. Compensation to the City will be 100% of the parking revenue collected. Offerors should have a successful history in the implementation of a parking pay by phone service in the United States and have completed similar projects. The Offeror shall also demonstrate the ability to accommodate the City’s timeframe for implementation.

SERVICE REQUIREMENTS At a minimum, the service and related activities should also include the following:

1. The Vendor will provide the following types of registration options: live-body phone call during paid parking hours (8 a.m. – 10 p.m.) Arizona Time, Monday through Sunday including holidays, smartphone application, and mobile and desktop web. The Vendor is encouraged to provide registration options in other technologies.

2. The Vendor will provide the following payment options for registered customers: IVR, SMS, smartphone application, and mobile web. The Vendor is encouraged to provide payment options in NFC-enabled, and other innovative payment formats.

3. The Vendor shall provide toll-free live customer service telephone support (for registration and other issues) during paid parking hours, which are expected to be from 8 a.m. to 10 p.m., Arizona Time, Monday through Sunday. Customer support provided 24/7 is encouraged.

4. The Vendor may charge customers a convenience fee to recoup sign and graphic decals production and installation, enforcement integration, ongoing program, and other costs. The fee must be clearly communicated at registration and at time of transaction. The Vendor contract with the City will set the terms for any changes to the convenience fee.

5. The Vendor shall establish a system that is capable of recognizing different rates, hours of operation, and maximum time-limits for every paid parking space based on day of week, time of day, and by neighborhood and sub-areas within neighborhoods. The system shall allow paid parking transactions on holidays.

6. Variable demand pricing for special events. The Vendor shall have a system that can make changes to parking rates, hours of operation and maximum time-limits

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within 3 business days of City notification. The City makes system-wide changes on a rolling installation basis, with changes often made on an annual basis over a six to nine month period. When the City makes these rolling system changes, the Vendor will be required to make these changes also on a rolling basis within five business days of notification of each area. The Vendor’s charges must be consistent with the City’s parking rates and hours of operation, and otherwise the Vendor will not modify the parking regulations.

7. The City intends this program for strictly making payments at available (unoccupied) parking spaces within paid parking areas following all the posted sign regulations. The intent is for people to be able to specify up front the amount of time to be purchased. There is no requirement to allow the customer to request a refund for unused paid time. This program is not intended to be used as an online reservation system of specific spaces.

8. The Vendor shall provide real-time electronic enforcement integration so that Phoenix Parking Enforcement is able to easily ascertain if a vehicle has paid via the phone option without additional hardware beyond current and available Phoenix Parking Enforcement equipment.

9. The Vendor shall provide the City with designs for all informational materials including public right-of-way signs, parking meter decals, and all marketing activities and collateral materials (posters, brochures, web page, etc.) for City of Phoenix review and final approval.

10. Consultant agrees to comply with all City information security and technology policies, standards, and procedures when assessing City networks and computerized systems whether onsite or remotely. Consultant will also maintain and implement policies and procedures to manager service providers with whom cardholder data is shared, as follows:

• Maintain a list of service providers or subcontractors.

• Report Payment Card Industry (PCI) Data Security Standard (DSS) compliance status with annual attestation of compliance provided within 30 days of the annual Report of Compliance audit completion, or annual contract renewal date, whichever is sooner, to City that ensures Consultant and all subcontractors are PCS DSS 3.0 compliant and verified by a recognized third party certification.

• Maintain information about which PCI DSS requirements are managed by Consultant

11. The Vendor will be responsible for installation of all pay-by-phone related signs, decals, and other information in the public right-of-way. This includes 1) a parking meter and a sticker with at minimum a block number, phone, and pay-by-phone system logo, 2) signs at both ends of each meter and 3) a sticker on the large paid parking sign above the meters and system logo. All signs, stickers, decals, and all other displays must be approved by the City. Information about the

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location of meters is in Exhibit L, Exhibit M, Exhibit N, and Exhibit O. The Vendor will need to submit sign asset location information.

12. The Vendor shall be responsible for developing and providing to the City an implementation plan within 15 days of contract award. The implementation plan shall include a schedule for the parking pay by phone service for all program phases, including a schedule for installing the sign and parking meter stickers for city-wide deployment along with all other tasks necessary for implementation. It shall also include the operational plans for implementation, outreach, ongoing monitoring, customer service and reporting.

13. The Vendor shall be responsible to manage accounts, transactions, and customer service issues related to pay by phone payment process. The Vendor shall provide an easy to use customer account management website where the customer can track usage, time, date, and other account information. Customers shall not be subject to spam or other emails unless authorized by the City and as accepted by the customer. No data can be used, sourced or solicited by or from the Vendor for any reason unless with the City’s authorization. At contract termination, any customer data shall be deleted or returned to the City so that it cannot be sold or used after.

14. The Vendor shall be solely responsible to provide a quality launch and ongoing marketing plan implementation: including effective strategies and advertising materials, including but not limited to signs, local support, audit protocols, enforcement technology, community outreach and support necessary to implement the service within 30 days of contract Award. The Vendor’s marketing plan will include material to educate the public about system use and promote this payment option.

15. In consultation with the City, the Vendor will develop all materials needed for public meetings, forums, and events and present those materials when requested by the City.

16. All System promotions and communications guidelines shall be approved by the City.

17. The Vendor will respond to press inquiries at the direction of the City.

18. The Vendor shall integrate the pay-by-phone transaction data into the City’s IPS single-space meter vendor’s transaction account system.

19. The Vendor shall provide secure administrative password access to the back office system to authorized City’s personnel for financial accountability, reporting, ad hoc querying, revenue reconciliation, and summons adjudication. Accessed data should not include customer’s personal payment information (i.e., full credit card number).

20. The Vendor shall supply reports for account sign up and use, customer service issues, revenue and any additional reports necessary to properly evaluate program progress. The Vendor shall describe reporting options and examples of the reports in their response.

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21. The Vendor shall provide onsite or web-based training and manuals for the authorized City personnel to navigate and utilize the back office system.

The service, including the system structures, will remain the property of the Vendor during the term of the proposed contract. On expiration or termination of the proposed contract, the system and the system structures shall be immediately removed. The Vendor shall restore all systems to their original condition; removal and restoration shall be at the Vendor’s sole expense with a final inspection and approval by the City’s Representative(s). All system equipment will be owned by, and all operating and promotional responsibilities will be borne by, the Vendor. The City encourages offerors to form teams, if necessary, to adequately address the financial, programmatic, operational, maintenance and promotional aspects of the system.

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EXHIBIT B – FEE SCHEDULE

See Exhibit H: Business Model Proposal

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EXHIBIT C – INDEMNIFICATION & INSURANCE REQUIREMENTS 1. INDEMNIFICATION CLAUSE:

Contractor (Indemnitor) must indemnify, defend, save and hold harmless the City of Phoenix and its officers, officials, agents, and employees ( “Indemnitee”) from and against any and all claims, actions, liabilities, damages, losses, or expenses (including court costs, attorneys’ fees, and costs of claim processing, investigation and litigation) ( “Claims”) caused, or alleged to be caused, in whole or in part, by the wrongful, negligent or willful acts, or errors or omissions of Contractor or any of its owners, officers, directors, agents, employees or subcontractors in connection with this Contract. This indemnity includes any Claims arising out of or recovered under the Workers’ Compensation Law or arising out of the failure of Contractor to conform to any federal, state or local law, statute, ordinance, rule, regulation or court decree. Contractor must indemnify Indemnitee from and against any and all Claims, except those arising solely from Indemnitee’s own negligent or willful acts or omissions. Contractor will be responsible for primary loss investigation, defense and judgment costs where this indemnification applies. In consideration of the award of this contract, Contractor waives all rights of subrogation Indemnitee for losses arising from the work performed by the Contractor for the City. The obligations of Contractor under this provision survive the termination or expiration of this Contract. 2. INSURANCE REQUIREMENTS:

Contractor and subcontractors must procure insurance against claims that may arise from or relate to performance of the work hereunder by Contractor and its agents, representatives, employees and subconsultants. Contractor and subcontractors must maintain that insurance until all of their obligations have been discharged, including any warranty periods under this Contract. These insurance requirements are minimum requirements for this Contract and in no way limit the indemnity covenants contained in this Contract. The City in no way warrants that the minimum limits stated in this section are sufficient to protect the Contractor from liabilities that might arise out of the performance of the work under this contract by the Contractor, its agents, representatives, employees or subcontractors and Contractor is free to purchase additional insurance as may be determined necessary.

2.1. MINIMUM SCOPE AND LIMITS OF INSURANCE: Contractor must provide coverage with limits of liability not less than those stated below. An excess liability policy or umbrella liability policy may be used to meet the minimum liability requirements provided that the coverage is written on a “following form” basis.

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2.1.1. Commercial General Liability – Occurrence Form

•••• Policy must include bodily injury, property damage and broad form contractual liability coverage.

General Aggregate $2,000,000 Products – Completed Operations Aggregate $1,000,000 Personal and Advertising Injury $1,000,000 Each Occurrence $1,000,000 •••• The policy must be endorsed to include the following additional

insured language: “The City of Phoenix is named as an additional insured with respect to liability arising out of the activities performed by, or on behalf of the Contractor.”

2.1.2. Worker’s Compensation and Employers’ Liability

Workers’ Compensation Statutory Employers’ Liability Each Accident $100,000 Disease – Each Employee $100,000 Disease – Policy Limit $500,000

• Policy must contain a waiver of subrogation against the City of

Phoenix.

• This requirement does not apply when a contractor or

subcontractor is exempt under A.R.S. §23-902(E), AND when such contractor or subcontractor executes the appropriate sole proprietor waiver form.

2.1.3. Technology Errors and Omissions Liability (if the Contractor

provides technology services or products)

• The policy must cover errors and omissions or negligent acts in the delivery of products, services, and/or licensed programs for those services as defined in the Scope of Services of this contract.

Each Claim $1,000,000 Annual Aggregate $1,000,000 • In the event that the professional liability insurance required by this

Contract is written on a claims-made basis, Contractor warrants that any retroactive date under the policy must precede the

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effective date of this Contract; and that either continuous coverage will be maintained or an extended discovery period will be exercised for a period of two (2) years beginning at the time work under this Contract is completed.

2.1.4. Network Security and Privacy Liability (if the Contractor has access

to any personal or confidential data, the Contractor should be required to evidence Network Security and Privacy Liability coverage in addition to Technology Errors and Omissions)

• The policy must cover but not be limited to (1) coverage for third party claims and losses with respect to network risks and invasion of privacy, (2) crisis management and third party identity theft response costs, and (3) cyber extortion.

Each Claim $1,000,000 Annual Aggregate $1,000,000

• In the event that the network security and privacy liability insurance required by this Contract is written on a claims-made basis, Contractor warrants that any retroactive date under the policy must precede the effective date of this Contract; and that either continuous coverage will be maintained or an extended discovery period will be exercised for a period of two (2) years beginning at the time work under this Contract is completed.

2.1.5. Fidelity Bond or Crime Insurance

Bond or Policy Limit $1,000,000

• The bond or policy must be issued with limits based on the amount of cash

being handled by the Contractor.

• The bond or policy must include coverage for all directors, officers, agents

and employees of the Contractor.

• The bond or policy must include coverage for third party fidelity, i.e. property

of third parties that is held by the Insured in any capacity, or property for which the Insured is legally liable.

• The bond or policy must include but not be limited to coverage for theft of

property located on the Insured’s premises or while in transit, loss due to forgery or alteration of negotiable instruments (e.g. securities, checks) or loss due to electronic funds transfer fraud.

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• The bond or policy must not contain a condition requiring an arrest and

conviction.

2.1.6. Media Liability (if the Contractor is involved in the production or

publication of content)

The policy must cover any and all errors and omissions or negligent acts in the production or publication of content, including but not limited to plagiarism, defamation, libel, slander, false advertising, invasion of privacy and infringement of copyright, title, slogan, trademark, service mark and trade dress. Each Claim $1,000,000 Annual Aggregate $1,000,000 In the event that the media liability insurance required by this Contract is written on a claims-made basis, Contractor warrants that any retroactive date under the policy must precede the effective date of this Contract; and that either continuous coverage will be maintained or an extended discovery period will be exercised for a period of two (2) years beginning at the time work under this Contract is completed.

2.2. ADDITIONAL INSURANCE REQUIREMENTS: The policies must include, or be

endorsed to include, the following provisions:

2.2.1. On insurance policies where the City of Phoenix is named as an additional

insured, the City of Phoenix is an additional insured to the full limits of liability purchased by the Contractor even if those limits of liability are in excess of those required by this Contract.

2.2.2. The Contractor’s insurance coverage must be primary insurance and non-

contributory with respect to all other available sources.

2.3. NOTICE OF CANCELLATION: For each insurance policy required by the

insurance provisions of this Contract, the Contractor must provide to the City, within 2 business days of receipt, a notice if a policy is suspended, voided or cancelled for any reason. Such notice must be mailed, emailed, hand delivered or sent by facsimile transmission to (City of Phoenix Department Representative’s Name & Address & Fax Number).

2.4. ACCEPTABILITY OF INSURERS: Insurance is to be placed with insurers duly

licensed or authorized to do business in the state of Arizona and with an “A.M. Best” rating of not less than B+ VI. The City in no way warrants that the above-

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required minimum insurer rating is sufficient to protect the Contractor from potential insurer insolvency.

2.5. VERIFICATION OF COVERAGE: Contractor must furnish the City with

certificates of insurance (ACORD form or equivalent approved by the City) as required by this Contract. The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf.

All certificates and any required endorsements are to be received and approved

by the City before work commences. Each insurance policy required by this Contract must be in effect at or prior to commencement of work under this Contract and remain in effect for the duration of the project. Failure to maintain the insurance policies as required by this Contract or to provide evidence of renewal is a material breach of contract.

All certificates required by this Contract must be sent directly to (City

Department Representative’s Name and Address). The City project/contract number and project description must be noted on the certificate of insurance. The City reserves the right to require complete, certified copies of all insurance policies required by this Contract at any time. DO NOT SEND CERTIFICATES OF INSURANCE TO THE CITY’S RISK MANAGEMENT DIVISION.

2.6. SUBCONTRACTORS: Contractors’ certificate(s) must include all subcontractors

as additional insureds under its policies or Contractor must furnish to the City separate certificates and endorsements for each subcontractor. All coverages for subcontractors must be subject to the minimum requirements identified above.

2.7. APPROVAL: Any modification or variation from the insurance requirements in

this Contract must be made by the Law Department, whose decision is final. Such action will not require a formal Contract amendment, but may be made by administrative action.

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EXHIBIT D – CONSULTANT’S INSURANCE CERTIFICATE Consultant’s Insurance Certificate

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EXHIBIT E

SUPPLEMENTAL TERMS

1. NON-ASSIGNABILITY

A. This Agreement is in the nature of a personal services agreement and Consultant

shall have no power to assign its rights and obligations under this Agreement without

the prior written consent of the City. Any attempt to assign without such prior written

consent shall be void.

B. An essential consideration provided to the City by Consultant to induce the City to

enter into the Agreement is Consultant’s representation that the individual(s)

performing services shall include Consultant’s principals, and

. Therefore, should any of the above named individuals sever their

relationship with the Consultant, or otherwise be unavailable to carry out Consultant’s

duties under this Agreement for an extended period of time, which period shall be

determined at the sole discretion of the City, then the City, without notice, may

immediately terminate this Agreement for cause.

2. TITLE

All documents including but not limited to artwork, copy, posters, billboards,

photographs, video tapes, audio tapes, systems designs, drawings, estimates, field

notes, investigations, software, reports, diagrams, surveys, analyses, studies or any

other original works of authorship created by Consultant in the performance of this

Agreement are to be and remain “works for hire” under Title 17, United States Code,

and the property of the City and all copyright ownership and authorship rights in the

work(s) shall belong to the City pursuant to 17 U.S.C. § 201(b). In the event that the

work(s) that is/are the subject matter of this Agreement is deemed to not be work for

hire, then Consultant hereby assigns to the City all of the right, title and interest for

the entire world in and to the work(s) and the copyright therein. Consultant agrees

to cooperate and execute additional documents reasonably necessary to conform to

its obligations under this paragraph.

All documents, together with all unused materials supplied by the City, are to be

delivered to the City upon termination of this Agreement before the final payment is

made to Consultant.

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3. EQUAL EMPLOYMENT OPPORTUNITY AND EQUAL PAY

INSERT THESE INTO THE SPECIAL/SUPPLEMENTAL TERMS EXHIBIT

A. In order to do business with the City, Consultant must comply with Phoenix City

Code, 1969, Chapter 18, Article V, as amended, Equal Employment Opportunity

Requirements. Consultant will direct any questions in regard to these requirements to

the Equal Opportunity Department, (602) 262-6790.

For a Consultant with 35 employees or less:

B. Any Consultant in performing under this Agreement shall not discriminate against

any worker, employee or applicant, or any member of the public, because of race, color,

religion, sex, national origin, age, or disability, nor otherwise commit an unfair

employment practice. The Consultant will ensure that applicants are employed, and

employees are dealt with during employment without regard to their race, color, religion,

sex, national origin, age, or disability. Such action shall include but not be limited to the

following: employment, promotion, demotion or transfer, recruitment or recruitment

advertising, layoff or termination; rates of pay or other forms of compensation; and

selection for training; including apprenticeship. The Consultant further agrees that this

clause will be incorporated in all subcontracts related to this Agreement that involve

furnishing skilled, unskilled and union labor, or who may perform any such labor or

services in connection with this Agreement. Consultant further agrees that this clause

will be incorporated in all subcontracts, job-consultant agreements or subleases of this

agreement entered into by any supplier/lessee.

----------------------OR ---------------------

For a Consultant with more than 35 employees:

B. Any contractor/consultant in performing under this contract shall not discriminate

against any worker, employee or applicant, or any member of the public, because of

race, color, religion, sex, national origin, age, or disability, nor otherwise commit an

unfair employment practice. The contractor/consultant shall ensure that applicants are

employed, and employees are dealt with during employment without regard to their

race, color, religion, sex, national origin, age, or disability, and shall adhere to a policy to

pay equal compensation to men and women who perform jobs that require substantially

equal skill, effort, and responsibility, and that are performed within the same

establishment under similar working conditions. Such action shall include but not be

limited to the following: employment, promotion, demotion or transfer, recruitment or

recruitment advertising, layoff or termination; rates of pay or other forms of

compensation; and selection for training; including apprenticeship. The

Page 55 of 94 rev. 2/2017 (JMK)

contractor/consultant further agrees that this clause will be incorporated in all

subcontracts with all labor organizations furnishing skilled, unskilled and union labor, or

who may perform any such labor or services in connection with this contract.

C. Documentation: Suppliers and lessees may be required to provide additional

documentation to the Equal Opportunity Department affirming that a nondiscriminatory

policy is being utilized.

D. Monitoring: The Equal Opportunity Department shall monitor the employment

policies and practices of suppliers and lessees subject to this article as deemed

necessary. The Equal Opportunity Department is authorized to conduct on-site

compliance reviews of selected firms, which may include an audit of personnel and

payroll records, if necessary.

4. LAWFUL PRESENCE REQUIREMENT

Pursuant to A.R.S. §§ 1-501 and 1-502, the City of Phoenix is prohibited from awarding

a contract to any natural person who cannot establish that such person is lawfully

present in the United States. To establish lawful presence, a person must produce

qualifying identification and sign a City-provided affidavit affirming that the identification

provided is genuine. This requirement will be imposed at the time of contract award.

This requirement does not apply to business organizations such as corporations,

partnerships or limited liability companies.

5. CONTRACTOR AND SUBCONTRACTOR WORKER BACKGROUND

SCREENING.

(A.) Contract Worker Background Screening. Contractor agrees that all

contract workers and subcontractors (collectively “Contract Worker(s)”) that Contractor

furnishes to the City pursuant to this Agreement shall be subject to background and

security checks and screening (collectively “Background Screening”) at Contractor’s

sole cost and expense as set forth in this Section. The Background Screening provided

by Contractor shall comply with all applicable laws, rules and regulations. Contractor

further agrees that the Background Screening required in this Section is necessary to

preserve and protect public health, safety and welfare. The Background Screening

requirements set forth in this Section are the minimum requirements for this Agreement.

The City in no way warrants that these minimum requirements are sufficient to protect

Contractor from any liabilities that may arise out of Contractor’s services under this

Agreement or Contractor’s failure to comply with this Section. Therefore, in addition to

the specific measures set forth below, Contractor and its Contract Workers shall take

such other reasonable, prudent and necessary measures to further preserve and

protect public health, safety and welfare when providing services under this Agreement.

The City may, in its sole discretion, accept or reject any or all of the Contract Workers

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proposed by Contractor to perform work under this Agreement as well those Contract

Workers actually providing services during the term of this Agreement.

(B.) Background Screening Requirements and Criteria. Because of the varied

types of services performed, the City has established three levels of risk and associated

Background Screening. The risk level and Background Screening required for this

Agreement is minimum.

a. Minimum Risk and Background Screening (“Minimum Risk”).

A minimum risk Background Screening shall be performed when the Contract Worker: (i) will not have direct access to City facilities or information systems; or (ii) will not work with vulnerable adults or children; or (iii) when access to City facilities is escorted by City workers. The Background Screening for minimum risk shall consist of the screening required by Arizona Revised Statutes §§ 41-4401 and following to verify legal Arizona worker status.

b. Standard Risk and Background Screening (“Standard Risk”).

A standard risk Background Screening shall be performed when the Contract Worker’s work assignment will: (i) require a badge or key for access to City facilities; or (ii) allow any access to sensitive, confidential records, personal identifying information or restricted City information; or (iii) allow unescorted access to City facilities during normal and non-business hours. The Background Screening for this standard risk level shall include the Background Screening required for the Minimum Risk level and a background check for real identity/legal name, and shall include felony and misdemeanor records from any county in the United States, the state of Arizona, plus any other jurisdiction where the Contract Worker has lived at any time in the preceding seven (7) years from the Contract Worker’s proposed date of hire.

c. Maximum Risk and Background Screening (“Maximum Risk”).

A maximum risk Background Screening shall be performed when the Contract Worker’s work assignment will: (i) have any contact with vulnerable people such as children, youth, elderly, or individuals with disabilities; or (ii) have any responsibility for the receipt or payment of City funds or control of inventories, assets, or records that are at risk of

Page 57 of 94 rev. 2/2017 (JMK)

misappropriation; or (iii) have unescorted access to City data centers, money rooms, or high-value equipment rooms; or (iv) have access to private residences; or (v) have access to Homeland Defense Bureau identified critical infrastructure sites/facilities. The Background Screening for this maximum risk level shall include the Background Screening required for the Standard Risk level, plus a sexual offender search, a credit check, and driving record search for the preceding seven (7) years from the Contract Worker’s proposed date of hire. Contract Workers who work directly with children or vulnerable adults are also subject to fingerprint verification through the Arizona Department of Public Safety as mandated by Phoenix City Code, § 2-27.

(C.) Contractor Certification; City Approval of Maximum Risk Background

Screening. By executing this Agreement, Contractor certifies and warrants that

Contractor has read the Background Screening requirements and criteria in this

Section, understands them and that all Background Screening information furnished to

the City is accurate and current. Also, by executing this Agreement, Contractor further

certifies and warrants that Contractor has satisfied all such Background Screening

requirements for the Minimum Risk and Standard Risk Background Screenings as

required. In addition, for Maximum Risk Background Screening, Contractor shall furnish

to Street Transportation Department Human Resource Manager for the City’s review

and approval such Background Screenings for any Contract Worker considered for

performing services under this Agreement where human safety or facility security is

classified as a Maximum Risk level. The subject Contract Worker shall not apply for the

appropriate City of Phoenix identification and access badge or keys until Contractor has

received the City’s written acceptance of the subject Contract Worker’s Maximum Risk

Background Screening. A Contract Worker rejected for work at a Maximum Risk level

under this Agreement shall not be proposed to perform work under other City contracts

or engagements without City’s prior written approval.

(D.) Terms of This Section Applicable to all of Contractor’s Contracts and

Subcontracts. Contractor shall include the terms of this Section for Contract Worker

Background Screening in all contracts and subcontracts for services furnished under

this Agreement including, but not limited to, supervision and oversight services.

(E.) Materiality of Background Screening Requirements; Indemnity. The

Background Screening requirements of this Section are material to City’s entry into this

Agreement and any breach of this Section by Contractor shall be deemed a material

breach of this Agreement. In

addition to the indemnity provisions set forth in Exhibit C of this Agreement, Contractor

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shall defend, indemnify and hold harmless the City for any and all Claims (as defined in

Exhibit C arising out of this Background Screening Section including, but not limited to,

the disqualification of a Contract Worker by Contractor or the City for failure to satisfy

this Section.

(F.) Continuing Duty; Audit. Contractor’s obligations and requirements that

Contract Workers satisfy this Background Screening Section shall continue throughout

the entire term of this Agreement. Contractor shall notify the City immediately of any

change to a Maximum Risk Background Screening of a Contract Worker previously

approved by the City. Contractor shall maintain all records and documents related to all

Background Screenings and the City reserves the right to audit Contractor’s compliance

with this Section pursuant to Contract 10.

6. Contract Worker Access Controls, Badge And Key Access Requirements. (A.) A CONTRACT WORKER SHALL NOT BE ALLOWED TO BEGIN WORK

IN ANY CITY FACILITY WITHOUT: (1) THE PRIOR COMPLETION AND CITY’S ACCEPTANCE OF THE REQUIRED BACKGROUND SCREENING; AND (2) WHEN REQUIRED, THE CONTRACT WORKER’S RECEIPT OF A CITY ISSUED BADGE. A BADGE WILL BE ISSUED TO A CONTRACT WORKER SOLELY FOR ACCESS TO THE CITY FACILITY(S) TO WHICH THE CONTRACT WORKER IS ASSIGNED. EACH CONTRACT WORKER WHO ENTERS A CITY FACILITY MUST USE THE BADGE ISSUED TO THE CONTRACT WORKER.

(B.) Badge Access Procedures. An authorized City of Phoenix badge

application form is available at the City of Phoenix Badging Office, 251 W. Washington St., 2nd Floor, Phoenix, AZ 85003-1611. Each Contract Worker (as defined herein) who is furnishing Standard Risk (as defined herein) or Maximum Risk (as defined herein) services under this Agreement shall submit to the City of Phoenix, Banking & Cashiering Division, 251 W. Washington, 3rd Floor, Phoenix, AZ 85003-1611: (i) a fully completed and authorized City of Phoenix badge application form; (ii) a check in the initial badge fee amount listed below made payable to the “City of Phoenix”; and (iii) two forms of identification. One form of identification must be a government issued credential with an accompanying photograph. The second form of identification must be a valid passport; military issued identification card; immigration and naturalized services identification card; social security card; or an original birth certificate. After receipt of the badge application and payment, the Contract Worker will proceed to the badging office for processing of the badge application and issuance of the badge. The City will not process the badge application until the Contract Worker satisfies the required Background Screening (as defined herein). The Contract Worker shall comply with all requirements and furnish all requested information within five (5) business days from initial submission of the badge application or the subject Contract Worker’s badge application shall be rejected.

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(C.) Key Access Procedures. If the Contract Worker’s services require keyed

access to enter a City facility(s), a separate key issue/return form must be completed and submitted by the Contractor for each key issued. The key issue/return form is available at and the completed form shall be submitted to the badging office at the address above.

(D.) Stolen or Lost Badges or Keys. Contractor shall report lost or stolen

badges or keys to their local police department and must obtain a police department report (PDR) prior to re-issuance of any lost or stolen badge or key. A new badge application or key issue form shall be completed and submitted along with payment of the applicable fees listed below prior to issuance of a new badge or key.

(E.) Return of Badges or Keys. All badges and keys are the property of the

City and must be returned to the City at the badging office within one (1) business day of when the Contract Worker’s access to a City facility is no longer required to furnish the services under this Agreement. Contractor shall collect a Contract Worker’s badge and key(s) upon the termination of the Contract Worker’s employment; when the Contract Worker’s services are no longer required at the particular City facility(s); or upon termination, cancellation or expiration of this Agreement.

(F.) Contractor’s Default; Liquidated Damages; Reservation of Remedies for

Material Breach. Contractor’s default under this Section shall include, but is not limited to the following: (i) Contract Worker gains access to a City facility(s) without the proper badge or key; (ii) Contract Worker uses a badge or key of another to gain access to a City facility; (iii) Contract Worker commences services under this Agreement without the proper badge, key or Background Screening; (iv) Contract Worker or Contractor submits false information or negligently submits wrong information to the City to obtain a badge, key or applicable Background Screening; or (v) Contractor fails to collect and timely return Contract Worker’s badge or key upon termination of Contract Worker’s employment, reassignment of Contract Worker to another City facility or upon the expiration, cancellation or termination of this Agreement. Contractor acknowledges and agrees that the access control, badge and key requirements in this Section are necessary to preserve and protect public health, safety and welfare. Accordingly, Contractor agrees to properly cure any default under this Section within three (3) business days from the date notice of default is sent by the City. The parties agree that Contractor’s failure to properly cure any default under this Section shall constitute a breach of this Section. In addition to any other remedy available to the City at law or in equity, the Contractor shall be liable for and shall pay to the City the sum of one thousand dollars ($1,000.00) [department may insert other amount] for each breach by Contractor of this Section. The parties further agree that the sum fixed above is reasonable and approximates the actual or anticipated loss to the City at the time and making of this Agreement in the event that Contractor breaches this Section. Further, the parties expressly acknowledge and agree to the fixed sum set forth above because of the difficulty of proving the City's actual damages in the event that Contractor breaches this Section. The parties further agree that three (3) breaches by Contractor

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of this Section arising out of any default within a consecutive period of three (3) months or three (3) breaches by Contractor of this Section arising out of the same default within a period of twelve (12) consecutive months shall constitute a material breach of this Agreement by Contractor and the City expressly reserves all of its rights, remedies and interests under this Agreement, at law and in equity including, but not limited to, termination of this Agreement.

(G.) Badge and Key Fees. The following constitute the badge and key fees under this Agreement. The City reserves the right to amend these fees upon thirty (30) days prior written notice to Contractor. Initial Badge Fee: $ 55.00 per applicant Replacement Badge Fee: $ 55.00 per badge Lost / Stolen Badge Fee: $ 55.00 per badge Replacement Key Fee: $ 55.00 per key Lost / Stolen Key Fee: $ 55.00 per key Replacement Locks $ 55.00 per lock

7. State and Local Transaction Privilege Taxes.

In accordance with applicable state and local law, transaction privilege taxes may be applicable to this transaction. The state and local transaction privilege (sales) tax burden is on the person who is conducting business in Arizona and the City of Phoenix. The legal liability to remit the tax is on the person conducting business in Arizona. Any failure by the Contractor to collect applicable taxes from the City shall not relieve the Contractor from its obligation to remit taxes.

It is the responsibility of the prospective bidder to determine any applicable taxes. The City will look at the price or offer submitted and will not deduct, add or alter pricing based on speculation or application of any taxes, nor will the City provide advice or guidance.

If you have questions regarding your tax liability, please seek advice from a tax professional prior to submitting your bid. You may also find information at https://www.phoenix.gov/finance/plt or https://www.azdor.gov/Business.aspx. Once your bid is submitted, the Offer is valid for the time specified in this Solicitation, regardless of mistake or omission of tax liability.

If the City finds over payment of a project due to tax consideration that was not due, the Contractor will be liable to the City for that amount, and by contracting with the City agrees to remit any overpayments back to the City for miscalculations on taxes included in a bid price.

8. Tax Indemnification.

Contractor shall, and require the same of all subcontractors, pay all federal, state and local taxes applicable to its operation and any persons employed by the Contractor.

Page 61 of 94 rev. 2/2017 (JMK)

Contractor shall, and require the same of all subcontractors, hold the City harmless from any responsibility for taxes, damages and interest, if applicable, contributions required under federal, and/or state and local laws and regulations and any other costs including transaction privilege taxes, unemployment compensation insurance, Social Security and Worker’s Compensation.

9. Tax Responsibility Qualification:

Contractor may be required to establish, to the satisfaction of City, that any and all fees and taxes due to the City or the State of Arizona for any License or Transaction Privilege taxes, Use Taxes or similar excise taxes, are currently paid (except for matters under legal protest).

Contractor agrees to a waiver of the confidentiality provisions contained in the City Finance Code and any similar confidentiality provisions contained in Arizona statutes relative to State Transaction Privilege Taxes or Use Taxes. Contractor agrees to provide written authorization to the City Finance Department and to the Arizona State Department of Revenue to release tax information relative to Arizona Transaction Privilege Taxes or Arizona Use Taxes in order to assist the Department in evaluating Contractor’s qualifications for and compliance with contract for duration of the term of contract.

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EXHIBIT F: STATEMENT OF QUALIFICATIONS 1. General Information Offerors must provide the following information: Legal name of Firm; Headquarters Address; City, State, Zip code; Web Site Address; Number of Years in Business; Total Number of Employees; Entity Type (i.e. Non Profit, Corporation, etc.); Total Annual Revenues separated by the last 3 full fiscal years; Major Products and/or Services; Other Products and/or Services.

2. Narrative Offerors must provide relevant information regarding their firm’s experience in operating and maintaining a parking pay by phone service with a minimum of 1,500 parking meters that accept credit card payments in at least 5 United States cities. Such information should identify the cities or localities where such pay by phone services are or have been provided, and should also describe in detail the scope and value of relevant current and past contracts, licenses, franchises and any other agreement. Please provide a detailed narrative setting forth the background, experience, and qualifications of the firm(s) and the principals of the firm(s). 3. Organization Chart and Team Members Offerors shall provide an organization outline or chart identifying the names and titles of project team members, reporting relationships within the project team and a resume or summary of qualifications of each team member, including past performance on similar or related projects, and an explanation of the roles that these individuals will have in the fulfillment of the proposed contract. 4. Financial Statements Each firm that is a party to the proposal must submit audited financial statements for its two most recent completed fiscal years. 5. Prior System Testing Results Offerors should provide the results of all applicable studies showing the use of parking pay by phone services with respect to satisfaction surveys, percentage use of the service, and other information conducted on their service. Please include results of tests conducted by you and any conducted by third parties, if available. 6. Disclosure

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Offerors shall disclose any alleged significant prior or ongoing contract failures, contract breaches, any civil or criminal litigation or investigation pending which involves the vendor or subcontractor or in which the vendor has been judged guilty or liable.

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NOTE: An additional 50 overall points will be scored for the responses to Attachment C:

Statement of Qualifications.

# Qualifications/Experience

Yes/ No/ NA Points

Q1 Does your firm have a minimum of at least five years (5) experience in the operations and maintenance of parking pay by phone service?

Yes/No/NA Yes No N/A

10

C1

Q2 Is your service in live use at over five US locations? If so, where?


10

C2

Q3 Please describe all relevant prior experience in creating and operating effective parking pay by phone service.

Narrative

5

R3

Q4 Provide the growth figures (registered customers and number of payments) for all pay by phone services offered to other Cities by the Vendor

Narrative

5

R4

Q5 Please describe how your business plan estimates user services. Please include the following: (1) Percentage of Parking Meter System payments made by the Pay by Phone service; (2) Total number of subscribers for Service within 3 months, 6 months, 12 months of PBP implementation. (3) Average daily service use by subscribers; (4) Average monthly revenue collected with the PBP service;

Narrative

20

R5

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EXHIBIT G: TECHNICAL AND PERFORMANCE METRICS PROPOSAL

# 1. Promotions/Marketing

Yes/ No/ NA Points

Q1 Please describe the proposed System Promotion Plan(s). Promotions should be beginning before the go-live date and should include community outreach for the System and creation and presentation of materials related to that outreach.

Narrative

10

R1

Q2 Please describe all relevant prior experience in creating and implementing effective marketing plans and your plans and proposed strategy for marketing and obtaining sponsorship of the Service.

Narrative

5

R2

Q3 Please describe all relevant prior experience and your plans and proposed strategy for soliciting local business sponsorship such as coupons and other related business marketing for the service.

Narrative

5

R3

Q4 Please describe your proposed media strategy and media type(s) both for before the System opens and while the Service is operational. Please identify all 3rd parties involved in Promotions of the Service.

Narrative

5

R4

Q5 Will you have a stated financial commitment to marketing? Narrative 5

R5

Q6 Please describe your marketing team and/or associated PR firm and your approach to generating significant free and paid publicity on local and national television, radio, print, Internet, and other outlets.

Narrative

5

R6

Q7 Will you have the ability to create and manage social media accounts, to keep members abreast of day-to-day operations and special communications?

Narrative

5

R7

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# 1. Promotions/Marketing

Yes/ No/ NA Points

Q8 Please describe your pre-launch and ongoing PR and marketing plan and any modern themes. Explain how this plan will generate enthusiasm prior to system launch and if it has ongoing elements, with a modern theme?

Narrative

10

R8

Q9 Will you provide a monthly report to the City analyzing system operations including information such as usage statistics, origin/destination, new subscribers, etc.? If so, what information will you include?

Narrative

5

R9

Q10 Will you have the commitment to conduct semi-annual market research to collect demographic data of users, usage, characteristics, and feedback on the customer service?

Narrative

5

R10

Q11 Do you have other marketing tools that supports local businesses, restaurants, and hotels such as Electronic Validation System for the System?


5

C11

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# 2. Pre-Launch Implementation Plan

Yes/ No/ NA

Points

Q1 Please discuss how the Vendor can provide a PBP service implementation phase and indicate the maximum number of parking meters you would service by phase.

Narrative

15

R1

Q2 All pay-by-phone services, processes, and installations used in the Program will be substantially similar and proportional to the services proposed for the full system.


5

C2

Q3 The Vendor will assume all responsibility for operating and maintaining the Program in a manner substantially similar to that proposed for the full System.


5

C3

Q4 Based on the results of the Pre-Launch Program, the Vendor will modify all System equipment and systems as necessary to meet City standards or revised requirements at no cost to the City.


5

C4

Q5 The Vendor will provide a close-out protocol for the “end of contract” period. This protocol should include at a minimum the removal of all System components (i.e. signs, decals, computer programs, etc.) as well as an outreach effort to notify customers of the end of the contract period.


5

C5

Q6 The Vendor will assume all responsibility for operating and maintaining the Pre-Launch Program in a manner substantially similar to that proposed for the full System.


5

C6

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# 3. Customer Options

Yes/ No/ NA Points

Q1 Describe the customer registration process for the proposed Pay by Phone Parking System, including whether pre registering over the internet or other method is required for first time users.

Narrative

10

R1

Q2 Describe the billing process. Web based invoices? Mailing out of invoices?

Narrative

5

R2

Q3 Please identify all 3rd parties involved in collecting payments of the services.

Narrative

5

R3

Q4 Describe the customer’s enrollment process, including 24 hour availability, and local vs. toll free number registration number.

Narrative

5

R4

Q5 Is the system/software user-friendly? Please describe in detail.

Narrative

5

R5

Q6 Please describe how user payment options will be upgraded to remain compatible with technological developments in the credit card industry.

Narrative

5

R6

Q7 Describe your customer support services. Hours of Operation? Customer notification process? Ability to provide speedy and accurate resolution. Policy for addressing complaints?

Narrative

5

R7

Q8 Describe your customer support services for addressing parking ticket resolutions.

Narrative

10

R8

Q9 Parking Pay by Phone services can be purchased using debit cards?


5

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# 3. Customer Options

Yes/ No/ NA Points

C9

Q10 Do users receive a text message reminder before a parking session expires?


5

C10

Q11 Can users review their profile and parking history online?


10

C11

Q12 Are all the processes for collecting payments PCI compliant?


5

C12

Q13 Can users park using any phone (e.g. not restricted to the phone they registered with)?


5

C13

Q14 Please discuss Customer accommodations features for using the System such as: A. Can users park using Text Messaging (SMS)? B. Can users pay for parking using dial tone and/or voice based vendor hosted interactive voice response system? C. Will there be a toll free number to initiate or extend parking sessions?

Narrative

5

R14

Q15 Will the Contractor have a robust program that ensures the highest customer satisfaction rating and allows the Contractor to address problems immediately?


5

C15

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# 4. Central Computer System

Yes/ No/ NA Points

Q1 Please describe and diagram the Central Computer system (CCS) including all network (internal and external), processing and data storage elements.

Narrative

10

R1

Q2 Can the Central Computer System communicates in real time with the System and provides real time information to system administrators and the Website?

Narrative

10

R2

Q3 Can the Central Computer system be upgraded and maintained on a daily basis?

Narrative

5

R3

Q4 Is all data the property of the City? Yes/No/NA Yes No N/A

5

C4

Q5 If wireless internet connections are used, is the system PCI compliant, highly reliable and secure with encryption for financial data?

Narrative

10

R5

Q6 Do you host and update your system, and if so, how often?


5

C6

Q7 Will you update and modify your system at no cost to the City?


5

C7

Q8 Is your software web-based? Yes/No/NA Yes No N/A

5

C8

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# 5. Database

Yes/ No/ NA Points

Q1 Please describe the System's database management system, including search functions and the possibility of using anonymized data for parking planning purposes.

Narrative

10

R1

Q2 Please describe how you will accommodate database maintenance and database back up while meeting proposed "offline" limits. What period would you propose for “off-line” limits?

Narrative

5

R2

Q3 Is the database searchable and can provide both anonymized and non-anonymized reports as necessary?


5

C3

Q4 Will the City have access to the Park by Phone Database? Who owns the data?


10

C4

Q5 Are all reports exportable to excel or other file formats? Yes/No/NA Yes No N/A

5

C5

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# 6. Cell Phone Application/Website

Yes/ No/ NA Points

Q1 Please describe the Service’s Cell Phone Application/Website and its architecture. Please include the approximate number and type of pages and example screenshots if possible.

Narrative

10

R1

Q2 Describe any attractive, appealing, state-of-the-art features of your Cell Phone Application and Website.

Narrative

5

R2

Q3 Does the cell phone application and website allow current users to access and update their subscription information, resubscribe to the System and replenish their accounts?


10

C3

Q4 Can System users purchase subscriptions and sign the liability waiver via the Cell Phone Application and Website?


5

C4

Q5 Will the Contractor at the request of the City, conduct on-going improvements to the cell phone application and website, as needed to accommodate changes, including but not limited to, additional features and increased functionality, changes in website technology, and compatibility with new applications?


5

C5

Q6 Please explain the sequence of steps a user would take in order to purchase a subscription. Please include example screenshots if possible.

Narrative

5

R6

Q7 Please explain the sequence of steps a user would take in order to access, renew, or replenish their account. Please provide example screen shots if available.

Narrative

5

R7

Q8 Is the cell phone application and website available in multiple languages and at a minimum, Spanish, on all web pages?


5

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Yes/ No/ NA Points

C8

Q9 Will the cell phone application and website communicate constantly with the central computer system and does your website have real-time communications?


5

C9

Q10 Is your pay by phone payment service system PCI DSS (“Payment Card Industry Data Security Standard”) certified? Proposers shall submit PCI DSS and PCI-PA DSS Level 1 compliant certificates with their proposal documents.

Narrative

5

R10

Q11 Can the Vendor provide to the City an attestation by an objective third party, stating that the application has been tested for common security vulnerabilities as articulated by the "OWASP Top-10". These include sql injection, cross-site scripting, cross-site request forgery, and others. See www.owasp.org for details. This testing must be performed at the expense of the vendor and by an objective third party. The attestation may be simply an executive summary of the technical report, stating that the application has been tested against the aforementioned standard, and found to be free of security defect.

Narrative

5

R11

Q12 Is the same Cell Phone Application and Website accessible from desktop computers and hand-held wireless devices such as PDA's, Smartphones, and web-enabled cell phones using browsers? Flash should not be used.


5

C12

Q13 Do critical functionality use any extensions that are not pre-installed in the vast majority of browsers and any mark up or scripting should function correctly in all widely used browsers?


5

C13

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Yes/ No/ NA Points

Q14 Describe the mechanism by which users can report problems and make suggestions for system improvement? Where will phone contact information be displayed on the Cell Phone Application and Website?

Narrative

5

R14

Q15 Does your Cell Phone Application and Website have the ability to collect survey information and customer satisfaction ratings?

Narrative

5

R15

Q16 Will you provide access to all registration and parking use data with regular reports broken down by districts provided to the City.

Narrative

5

R16

Q17 Describe any personalized customer web pages that provide historical usage information. Please describe types of information available to users.

Narrative

5

R17

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# 7. Service Operations

Yes/ No/ NA Points

Q1 Will the Contractor develop, operate and maintain all aspects of the Service at agreed upon levels throughout the term of the contract?


5

C1

Q2 Will the Contractor provide all agreed upon management data to the City immediately upon request? Will the Contractor provide all information, including financial records and payment invoices, and all systems and facilities subject to the City's inspection immediately upon request?


5

C2

Q3 Does the system have the ability to: 1) Utilize maximum stay restrictions; 2) Restrict people from re-parking for a set period even after parking expires; 3) Have different rates based on time of day; 4) Have rates and restrictions different for every meter; and 5) Allow one-time event parking

Narrative

10

R3

Q4 Is the system in live use where it integrates with single-space meters? If so, please provide locations and system integration details.


5

C4

Q5 Does the system require integration with electronic meters? (e.g. electronic coin-only meters)


5

C5

Q6 Has the PBP service integrated with or is in use at any gated revenue parking control system? If so, please provide location and system integration details.

Narrative

5

R6

Q7 Do you allow the City to use our own merchant accounts for credit card processing? This is the City’s preferred process.


5

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# 7. Service Operations

Yes/ No/ NA Points

C7

Q8 Does the City directly receive the credit card payments in the merchant accounts from our consumers’ parking transactions?


5

C8

Q9 Please describe how your customer services program will be able to immediately address problems and how you will accommodate and/or work with the City's current services.

Narrative

10

R9

Q10 Do you have a web-based violation payment system? If so, does it interface with other violation payment platforms?


5

C10

Q11 Do you have a web-based parking permit program for residential parking?


5

C11

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# 8. Performance Metric

Yes/ No/ NA Points

Q1 Overall System Functionality – Weekly - Combined total minutes that all Pay by Phone Services are out of commission per week.

Narrative

5

R1

Q2 PBP in service for Parking Meters in System - Percentage of PBP Services for parking meters in service – Daily -

Narrative 5

R2

Q3 95% of calls to the Call Center are answered within 30 seconds and no more than 5% of calls are dropped.


3

C3

Q4 95% of emails are answered within 24 hours. Yes/No/NA Yes No N/A

2

C4

Q5 Graffiti/vandalism is removed/rectified - Hours - Narrative 3

R5

Q6 Sign and Parking Label Removal and Installation Refurbishment Upon City Request- Days

Narrative 2

R6

Q7 Website in Service - Percentage of time that the Website is in service.-Weekly

Narrative 2

R7

Q8 Financial/Use and Maintenance Reports to City - Timeliness of reports. – Weekly

Narrative 2

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Yes/ No/ NA Points

R8

Q9 Central Computer System Accuracy - Percentage of Parking Meters located where system reports them to be located. – Daily

Narrative 5

R9

Q10 Refurbishment of the system's signs and parking meter labels (e.g. paint, logo, sticker removal) so that they appear new and attractive.- Annual -

Narrative 3

R10

Do you have a web-based dashboard and data portal that generates the following reports (minimum);

Q1 Parking Meter Map showing PBP service in operations - Daily -


3

C1

Q2 Customer Service Call Data - number of calls and average call duration per day;


2

C2

Q3 Calls Dropped - Daily - number and percentage of calls dropped;


2

C3

Q4 Call Center Responsiveness - Daily - percentage of calls answered in less than 30 seconds;


2

C4

Q5 Emails - Daily - number of emails received and percentage responded to within 24 hours;


2

C5

Q6 PBP Utilization - Daily - report the number of members using PBP services day;


2

C6

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Yes/ No/ NA Points

Q7 PBP Utilization – Weekly/Monthly - report the number of members using PBP services on weekly and monthly bases;


3

C7

Q8 PBP Total Parking Hours Utilized – Daily/Weekly/Montly – Parking hours utilized by users in 30 minute increments on weekly and monthly basis;


3

C8

Q9 Annual Members - monthly - Weekly - three Day - New and cumulative members;


2

C9

Q10 Casual Users - Daily - New and cumulative members.


2

C10

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EXHIBIT H: BUSINESS MODEL PROPOSAL

1. User Fees Offerors must provide the following Parking PBP annual subscriber membership fee, transaction “convenience” fee and other fees required by the vendor to utilize the service. Annual Subscriber membership fees $_____________ Pay-by Phone Convenience fees per transaction $_____________ Other Service User fees $_____________ Fee quoted shall be firm-fixed throughout the first year of any resulting contract. Any fee increases, thereafter, will be considered on a pass through basis only, increases which do not produce a higher profit margin than the fee established on the contract. The Vendor may request a fee increase annually, at least 90 days prior to the contract anniversary date, clearly identifying the item impacted by the increase including sufficient documentation to justify it. Any increases must be based on U.S. published indices such as the Consumer Price Index or other verifiable costs. The decision to accept any fee increase will be at the sole discretion of the City and, if not acceptable, the City may exercise option to cancel the contract. Conversely, any cost reductions to the Vendor level shall be reflected in a reduction of the contract fee effective immediately. 2. Business Model Criteria

# Business Model

Yes/ No/ NA Points

Q1 The Vendor anticipates that the proposed System will generate revenues to cover its operating costs.


10

C1

Q2 Do you have the ability to guarantee operation of the system for the contract period?


10

C2

Q3 What will be your financial commitment to marketing? Narrative

10

R3

Q4 Would you attend meetings to discuss a parking PBP services with other prospective private and public parking facility providers?

Narrative

10

Page 81 of 94 rev. 2/2017 (JMK)

# Business Model

Yes/ No/ NA Points

R4

Q5 How would you expedite the launch of the PBP system during the period after the contract is approved by the City?

Narrative

10

R5

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EXHIBIT I: IMPLEMENTATION SCHEDULE

Please discuss the timeline of critical tasks and how the Offeror intends to implement the system from planning and marketing to testing and launching the system. This should include the milestone dates from contract signing through delivery, installation, and system launch. At the minimum, the milestone dates shall include the following: Milestones Schedule

1. Initial Development of Promotion/Marketing/Outreach Plans

2. Final Development of Promotion/Marketing/Outreach Plans

3. Begin Public Outreach

4. Knowledge Transfer (Training Staff)

5. Software Development

6. Software Deployment in Central Computer System

7. Web Development/Testing

8. Design of PDP Service Signs and Meter Labels

9. Installation of PDP Signs and Meter Labels

10. Fully Operational Website

11. Beta Testing and Slow Launch

12. Full Public Launch of Phase 1 System

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EXHIBIT J: CHECKLIST

(For Offeror’s Use Only)

� Cover page

� Signed Letter of Transmittal � Statement of Qualifications

� Signed Addendums � Table of Contents � Proposal, including:

o Technical specifications and Performance Metrics (separate sealed envelope) o Business Model (separate sealed envelope)

o Services for an integrated gated revenue control system and the residential

parking permit program

� Product Brochures (Optional - included as an appendix, excluded from previous page limitations)

� Submitted Material: One original + ten copies = total of eleven (11)

If any of the required items are missing or exceed the page limitations specified, the Proposal will be deemed non-responsive.

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EXHIBIT K: PARKING METER SYSTEM

The following parking meter system provides information with respect to the location, meter type, and other items. Please see https://www.phoenix.gov/streets/parking-meters.

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EXHIBIT L: ALL ZONES - PARKING METER MAP

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EXHIBIT M: ZONE 1 - PARKING METER MAP

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EXHIBIT N: ZONE 2 - PARKING METER MAP

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EXHIBIT O: ZONE 3 - PARKING METER MAP

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Attachment A

AFFIDAVIT

Assurances The undersigned proposer hereby submits to the City of Phoenix (City) the enclosed proposal based upon all terms and conditions set forth in the City’s Request for Proposals (RFP) and referenced materials. Proposer further specifically agrees hereby to provide services in the manner set forth in the proposal submitted by the proposer. The undersigned proposer acknowledges and states, under penalty of perjury, as follows: 1. The City is relying on proposer’s submitted information and the representation that

proposer has the capability to successfully undertake and complete the responsibilities and obligations submitted in its proposal and in the resulting contract.

2. The City has the right to make any further inquiry it deems appropriate to

substantiate or supplement information supplied by proposer.

3. Proposer has read and fully understands all the provisions and conditions set forth in the RFP documents, upon which its proposal is based.

4. The forms and information requested in the RFP are complete and made part of the proposal. The City is not responsible for any proposer errors or omissions.

5. This proposal may be withdrawn by requesting such withdrawal in writing at any time

prior to the proposal deadline but may not be withdrawn after such date and time.

6. The City reserves the right to reject any and all proposals and to accept the proposal that, in its judgment, will provide the best quality development to the City.

7. This proposal is valid for a minimum of 120 days after the RFP proposal deadline.

8. All costs incurred by proposer in connection with this proposal shall be borne solely

by proposer. Under no circumstances shall the City be responsible for any costs associated with proposer’s proposal or the RFP process.

9. Proposer has not in any manner, directly or indirectly, conspired with any person or

party to unfairly compete or compromise the competitive nature of the RFP process. 10. The contents of this proposal have not been communicated by the undersigned nor

by any employee or agent to any other person engaged in this type of business prior to the official opening of this proposal.

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11. To the best of the proposer’s knowledge, the information provided in its proposal is

true and correct and neither the undersigned proposer nor any partner, corporate officer or managing employee have ever been convicted of a felony or a crime involving moral turpitude.

References Proposer shall furnish the names and contact information for 3 clients for whom the proposer is furnishing or has furnished services similar to those described in this RFP. Do not list City of Phoenix employees or officials as references. 1. Company and Reference Name:

_____________________________________________________________________ Telephone and E-Mail: _____________________________________________________________________

2. Company and Reference Name: _____________________________________________________________________ Telephone and E-Mail: _____________________________________________________________________

3. Company and Reference Name: _____________________________________________________________________ Telephone and E-Mail: _____________________________________________________________________

Signature(s)

Proposer’s Contracting Entity (Legal Name1): 1 The successful proposer must be authorized to transact business in Arizona and be in good standing prior to contract award.

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Printed Name of Authorized Representative*: Title: Business Mailing Address: Telephone and Email Address: Signature:

*Proposal must be signed by an individual authorized to contractually bind the proposer.

Name of Joint Venture Partner (if applicable): Printed Name of Authorized Representative*: Title: Business Mailing Address: Telephone and Email Address: Signature:

*Proposal must be signed by an individual authorized to contractually bind the joint venture partner.

NOTARIZED Signed and sworn before me this , day of ,

Notary Signature: ____________________________

Affix Seal:

My Commission Expires: ______________________

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Attachment B

SOLICITATION CONFLICT AND TRANSPARENCY DISCLOSURE FORM

This form must be signed and submitted with your proposal and all questions must be answered or your Offer may be considered non-responsive. 1. Name of person submitting this disclosure form. First MI Last Suffix

2. Contract Information

Solicitation # or Name:

3. Name of individual(s) or entity(ies) seeking a contract with the City (i.e. parties to the Contract)

4. List any individuals(s) or entity(ies) that are partners, parent, joint venture or subsidiaries of the individual or entity listed in Question 3. Please include all Board members, executive committee members and officers for each entry. If not applicable, indicate N/A.

5. List any individuals or entities that will be subcontractors on this contract or indicate N/A.

� Subcontractors may be retained, but not as of the time of this submission � List of subcontracts, including the name of the owner(s) and business name:

6. List any attorney, lobbyist, or consultant retained by any individuals listed in Questions 3,4, or 5 to assist in seeking this contract. If none, indicate N/A

7. Disclosure of conflict of interest:

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Are you aware of any fact(s) with regard to this contract that would raise a “conflict of

interest” issue under City Code Section 43-34?

“An elected City official or a City employee shall not represent any person or business for

compensation before the City regarding any part of a procurement, including any resulting

contract, if during the time the elected official is or was in office or the employee is or was

employed by the City such elected official or employee played a material or significant role in

the development of the solicitation, any other part of the procurement, or the contract award.”

� I am not aware of any conflict(s) of interest under Section 43-34 of the City Code.

� I am aware of the following potential or actual conflict(s) of interest:

or A.R.S. 38-501 et. seq.? (See Arizona Revised Statutes regarding conflict of interest

at www.azleg.gov)

� I am not aware of any conflict(s) of interest under Section 38-501, et seq., of the City

Code.

� I am aware of the following potential or actual conflict(s) of interest:

Notice Regarding Prohibited Interest in Contracts

State law and the Phoenix City Charter and Code prohibit public officers or employees, their close relatives, and any businesses they or their relatives own from (1) representing before the City any person or business for compensation, (2) doing business with the City by any means other than through a formal procurement, and (3) doing business with the City without disclosing that the person has an interest in the contract. This prohibition extends to subcontracts on City contracts and also applies to parent, subsidiary, or partner businesses owned by a public officer or employee. See A.R.S. Section 38-501, et seq., for more information (City Charter, Chapter 11, applies the state conflict-of-interest law to City employees. Please note that any contract in place at the time a person becomes a public officer or employee may remain in effect. But the contract may not be amended, extended, modified, or changed in any manner during the officer’s or employee’s city service without following city administrative regulations. Acknowledgements

Solicitation Transparency Policy – No Contact with City Officials or Staff During Contract Evaluation

I understand that a person or entity who seeks or applies for a city contract, or any other person acting on behalf of that person or entity, is prohibited from contacting city officials and employees regarding the contract after a solicitation has been released. This no-contact provision only concludes when the contract is awarded at a City Council meeting. If contact is required with City official or employees, the contact will take place in accordance with procedures by the City. Violation of this prohibited contacts provision set out in Section 43-34 & 43-36 of the City Code by respondents, or their agents, may lead to disqualification.

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Fraud Prevention and Reporting Policy

� I acknowledge that the City has a fraud prevention and reporting policy in Administrative Regulation 1.2, available on the City’s Phoenix.gov website. I will report fraud, suspicion of fraud, or any other inappropriate action to: telephone no. 602-261-8999 or 602-534-5500 (TDD); or [email protected].

The purpose of the fraud policy is to maintain the City's high ethical standards. The policy includes a way for our business partners to report wrongdoing or bad behavior. Suspected fraud should be reported immediately to the Phoenix Integrity Line. The City has adopted a zero-tolerance policy regarding fraud and will investigate any suspected or actual fraud.

OATH

I affirm that the statements contained in this form, including any attachments, to the best of my knowledge and belief are true, correct, and complete. PRINT NAME TITLE

SIGNATURE DATE

COMPANY (CORPORATION, LLC, ETC.) NAME and DBA

Documents

PARKING PAY BY PHONE SERVICE - Phoenix, Arizona · 2017. 4. 24. · space, coin-operated meters with state-of-the-art single space meters that accept coins, ... Compensation to the