Last Update: 02/12/2025 COS RFP Template

ISSUING AGENCY – CITY OF SCOTTSDALE

FORMAL REQUEST FOR PROPOSAL

NURSE CASE MANAGEMENT

26RFP042

CRITICAL DATES

PROPOSAL SUBMITTAL DUE: 2:00 P,M. LOCAL TIME, JANUARY 15, 2026

QUESTIONS DUE: 2:00 P.M. LOCAL TIME, JANUARY 7, 2026

SUBMITTAL RECEIPT AND OPENING

The City of Scottsdale is utilizing Bonfire Interactive to provide a procurement portal that allows access to business opportunities and to submit bids and proposals electronically. If you are not registered as a City of Scottsdale Bonfire vendor visit the Bonfire portal at City of Scottsdale, AZ (bonfirehub.com) then follow the link to the Bonfire vendor registration page to register your company. Registration is easy and free. If you have any challenges with the registration process, please contact Bonfire Interactive Support at support@gobonfire.com.

SEALED SOLICITATION SUBMITTALS WILL BE ELECTRONICALLY RECEIVED until the time and date stated in the portal and in the CRITICAL DATES section of the solicitation document. It shall be the responsibility of the proposer to confirm that proposals contain all required documents and are submitted electronically through the City of Scottsdale procurement portal at: City of Scottsdale, AZ (bonfirehub.com).

LATE SUBMITTALS WILL NOT BE ACCEPTED The Purchasing office will conduct a remote/online Microsoft Teams Live Event meeting for the public opening of the solicitation. To virtually attend this meeting, visit us online by clicking the following link 26RFP042

It is strongly recommended you begin your submission upload process at least one (1) day prior to the deadline. Any technical or internet-related issues that may arise during your submission are not grounds to extend the deadline.

INFORMATION REQUESTS

Requests for any information relating to this solicitation should be directed to the purchasing staff listed below:

Tiffany Young Buyer tyoung@scottsdaleaz.gov 480-312-5709

Bidders shall not contact any City of Scottsdale employee, officer, or director other than purchasing regarding this solicitation until after the award of a contract. Any such unauthorized contact may result in bidder being disqualified from further consideration.

https://scottsdaleaz.bonfirehub.com/portal/?tab=login mailto:support@gobonfire.com https://scottsdaleaz.bonfirehub.com/portal/?tab=login https://teams.microsoft.com/meet/29899151398515?p=sWd87bdwDzdvXknCvc

COS RFP Template

INSTRUCTIONS TO BIDDERS AND

GENERAL TERMS AND CONDITIONS

The Instructions to Bidders and General Terms and Conditions for formal solicitations, are listed as attachments A and B as outlined below and shall be downloaded by prospective Bidders as part of the solicitation.

Attachment A - Formal Solicitation Instructions to Bidders (current version at time of posting).

Applies to all formal Invitation for Bids (IFB) and Request for Proposals (RFP).

Attachment B - Formal Solicitation General Terms and Conditions (current version at time of posting). Applies to all formal Invitation for Bids (IFB) and Request for Proposals (RFP).

Attachment C - Professional Services Contract

TABLE OF CONTENTS

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SECTION 1 - INTRODUCTION

A. Intent B. Background (If applicable) C. Definitions

SECTION 2 – STATEMENT OF NEED

A. Specifications B. Contractor’s Qualifications C. City’s Responsibilities D. Additional Requirements - HIPPA

SECTION 3 – SPECIAL TERMS AND CONDITIONS

SECTION 4 – EVALUATION CRITERIA

A. Evaluation Criteria

SECTION 5 – SUBMITTAL PREPARATION REQUIREMENTS

SECTION 6 – REQUIRED FORMS

A. Proposal Signature Page B. Pricing Proposal Form C. Bidder General Disclosure Form D. Bidder Litigation Disclosure Form E. References F. Subconsultant List G. Bidder Questionnaire-Company Information

SECTION 7 – ATTACHMENTS

A. Instructions to Bidders B. General Terms and Conditions C. Sample Professional Services Contract

SECTION 1 - INTRODUCTION

26RFP006

A. INTENT

The City of Scottsdale invites sealed submittals to provide Nurse Case Management Services. The City of Scottsdale intends to award a contract(s) with a qualified firm(s) to provide field and catastrophic case management that will ensure the coverage of the various needs of a variety of services for injured workers as well as provide the option to utilize the firms Medical Necessity Review Program or Vocational Rehabilitation Services on an as needed basis. This Request for Proposal is being resubmitted to allow additional submittals more in-line with the operational requirements of the requesting department.

B. BACKGROUND

The City of Scottsdale Safety & Risk Management Department maintains a self-insured workers compensation program for the care and treatment of work-related employee illness and injury. In Fiscal year 2021-22 our utilization spend was $160,000, in 2022-23 $200,000 and to date in FY 2023-2024 $130,000.

C. DEFINITIONS

For the purpose of this solicitation the following definition shall apply:

Injured worker – the individual referred by the City of Scottsdale Safety & Risk Management Department to receive the service.

SECTION 2 – STATEMENT OF NEED

A. SPECIFICATIONS

1. Service Eligibility Criteria

a. Eligibility is determined by the City of Scottsdale.

b. The Contractor shall accept cases for services only upon request from the City of Scottsdale

Safety & Risk Management Department.

c. The Contractor shall employ an adequate number of staff within the State of Arizona, to meet the operational requirements of the requesting department.

d. Contractor shall provide historical references evidencing its ability to meet the service requirements of a public entity of similar size and employee occupational functions.

e. The City of Scottsdale prefers to contract with a provider(s) who can offer staff with areas of expertise and backgrounds to support a multiple range of specialties.

The following at minimum, but not limited to, are examples of commonly used specialty areas of the City of Scottsdale:

1) Trauma Management

2) Orthopedic

3) Physical Medicine & Rehabilitation

4) Pain Management

f. The City of Scottsdale prefers a broad area of demographic coverage for staff assigned to this contract.

g. The Contractor shall provide case load capacity to staff with case load availability.

2. Service Requirements

The Contractor shall have the capability of providing a full range of nurse case management services to those individuals referred by the City of Scottsdale. These services shall include, but are not limited to the following:

a. Initial Evaluation

b. Interview Injured Worker

c. Treatment goals

d. Coordination of medical treatment

e. Monitor recovery process

f. Communication of information

g. Communication of Light Duty Program- Facilitate return to work

3. Initial Evaluation

The Contractor shall provide an Initial Evaluation(s) to individuals who have been referred by the City of Scottsdale Safety & Risk Management Department at minimum, as follows:

a. Review all material furnished by the City of Scottsdale Safety & Risk Management

Department regarding the assigned injured worker.

b. Contact the injured worker within six (6) hours of assignment for purpose of setting an appropriate time for an in-person or telephonic interview, and determining diagnosis, treatment plan and schedule of current medical treatments.

c. Contact the injured worker within two (2) hours of notification of an inpatient admission, for purpose of determining diagnosis, treatment plan and whether patient can be transferred to a skilled nursing facility or home.

d. Contractor shall be able to report back to City of Scottsdale Safety & Risk Management

Department t within twenty-four (24) hours after interviewing patient, by phone, email, or fax, to the appropriate claim handler.

4. Injured Worker Interview

The Contractor shall conduct an injured worker interview to provide pertinent information that will permit the Contractor to arrive at recommendations that can be made to the City of Scottsdale Safety & Risk Management Department to include at minimum, but not limited to, the following:

a. The injured worker’s medical history that includes prior accidents or injuries, health problems and medications.

b. Injured worker’s current treatment plan, including therapy, proposed surgeries and estimated return to work plan, if applicable.

c. The injured worker’s specific physical limitations and the degree of limitation per area identified. These limitations can include prior industrial injuries, personal injuries or congenital conditions.

d. Identification of any physical conditions as outlined in ARS §23-1065 for potential apportionment submission.

e. Determine the injured worker’s family and financial situation and any special circumstances that directly affect such status both short and long term.

f. Contractor shall schedule an appointment with the attending physician, specialty physician, or attending psychologist/psychiatrist within 48 hours of assignment from City of Scottsdale Safety & Risk Management Department.

g. Contractor shall obtain a diagnosis, treatment plan, prognosis, estimate release to transitional employment (if applicable), identify work issues such as physical limitations or release to

COS RFP Template limited hours and estimated length of disability from the attending medical provider.

h. Upon review of the information obtained, contact claims adjuster, preferably via e-mail for non-routine matters or by phone if an immediate response is needed prior to submitting an initial evaluation report to Safety & Risk Management Department to discuss any pertinent recommendations.

i. Contractor’s recommendations should be in writing, within thirty (30) days of the assignment unless otherwise approved by the City of Scottsdale Safety & Risk Management Department

5. Treatment Goals

a. Treatment goals shall entail contact with all medical providers, including, but not limited to, the attending physician, physical therapist, specialty physicians, or the attending psychologist, psychiatrist, or counselor.

b. Contactor shall identify any barriers or problems that may hinder recovery.

c. Contractor shall identify probable period of convalescence before release to transitional employment and maximum medical improvement.

d. Contractor shall determine relationship of interventions that the physician and other health care providers recommend.

e. Contractor shall identify short term and long-term rehabilitation goals.

6. Coordination of Medical Treatment

a. Contractor shall provide coordination of medical needs by the claimant, including physical therapy, durable medical equipment (DMEs), medication, scheduling of appointments with medical providers, consultants, specialists, transportation to and from medical providers to include bus passes, cab vouchers, and diagnostic testing at the direction of the attending physician.

b. Authorization must be obtained from the City of Scottsdale Claims Adjuster prior to authorizing any service or supply.

c. Contractor shall prevent duplicate or unnecessary medical services.

7. Communication of Services:

a. In addition to the reports noted herein, the Contractor shall specifically have status information and recommendations sent in an email to the assigned claims adjuster within twenty-four (24) hours of any appointments the injured worker attends.

b. As soon as practical, after an appointment, the assigned nurse shall forward the injured workers resulting work status form to the assigned adjuster.

c. If the provider visit/ appointment results in a need for authorization, or other urgent issues arise, the assigned nurse shall call the assigned adjuster, give report, and request the authorization. This phone call to the adjuster does not substitute for the emailed report which is still due within twenty-four (24) hours.

d. Communicate light duty availability to treating physician.

8. Monitor Recovery Process

Contractor shall continue follow up on the recovery process as directed by the City of Scottsdale’s workers compensation claims adjuster.

9. Bilingual Services

Separate from the nurse case management services, the contactor shall provide a Spanish-speaking nurse or medically trained individual to accompany the nurse when using a Spanish-speaking injured worker to see physicians, therapists, etc., as requested.

10. Deaf and Hard of Hearing Services

Separate from the nurse case management services, the Contractor shall arrange to provide a certified sign language interpreter to accompany a deaf or hard of hearing injured worker to see physicians, therapists, etc., if assigned by the adjuster.

11. Medical Necessity File Reviews

Contractor shall perform file reviews as requested by the City of Scottsdale. The review shall be performed by a Registered Nurse, include, at minimum, but not limited to the following:

a. Arrangement of the material in order and summarization of the events

b. Diagnoses, treatments, studies, therapies, etc., pertinent to the lines of coverage or injury applicable.

c. An opinion regarding appropriateness of treatment, prognosis, and assessment of reasonable and customary charges.

d. Review is to be performed by a Registered Nurse, Peer Physician.

12. Reporting Requirements

The Contractor shall submit the following reports as outlined:

a. Initial Assignment Report: Submitted via email or telephone to the City of Scottsdale Worker’s Compensation Adjuster regarding initial contact and assessment.

b. Monthly reports: Submitted via mail or email to the appropriate adjuster which updates the status target date for completion of each referral and recommendations with respect to continuing treatment. This should be accompanied by the monthly per-claimant’s invoice.

c. Annual Report: Submitted to the City of Scottsdale Risk Management Department within thirty (30) days after the end of each Fiscal Year (June 30th). The Annual Report shall be comprehensive of all work performed during the fiscal year and include at minimum the following:

1) Number and type of referrals

2) Total time frame of work

3) Total cost per expense category

The information should be submitted in a spreadsheet format. A more in-depth report that includes at minimum the following information on each case/file should accompany the annual report:

1) Name of nurse

2) Summary of injury

3) Treatment

4) Status or outcome plus time frames

5) Number of in person visits

6) Number of phone contacts

7) Costs and hours of professional service, travel, waiting, report writing.

d. Financial Summary of Activity Per Month Report: to include at minimum the following information:

1) Service Month

2) Contractor’s Name

3) Address

4) FEI Number / (TAX ID#)

5) Contract Number

6) Rate

7) Number of Units of Service Provided

8) Total Amounts Billed broken down by category and case.

9) Dated and Signed by a person authorized to sign up for the contractor

B. CONTRACTOR’S QUALIFICATIONS

1. General

a. The Contractor shall have the appropriate experience, expertise and registered nurse licensure required to provide a full range of medical case management services for the City of Scottsdale in accordance with the requirements set forth herein.

a. The Contractor shall be in compliance with all applicable Federal, State, Local, ANSI and

OSHA laws, rules and regulations and all other applicable regulations for the term of this contract.

b. The Contractor, without additional expense to the City, shall be responsible for obtaining and maintaining any necessary licenses and permits required in connection with the completion of the required services herein.

c. The Contractor MUST have and maintain full time Company representation located in the

Phoenix, Arizona metropolitan area, with the ability and authority to address all Contract issues that may develop.

d. The Contractor shall demonstrate that they have at a MINIMUM of four (4) years of experience performing Medical Case Management services.

2. Firm

a. Contractor shall demonstrate that they have at a MINIMUM of four (4) years of experience performing Medical Case Management services.

b. Contractor shall have twenty-four (24) hour, seven (7) day per week availability in the event of a potential catastrophic injury.

c. Contractor shall provide a mechanism for contact and assignment on weekends, nighttime hours or holidays.

3. Personnel

a. Key personnel employed by the Contractor under this contract, shall possess prior to solicitation close date a current license as a Registered Nurse (RN), certification as a Certified Case Manager (CCM) or as Certified Disability Management Specialist (CDMS), and have a minimum of three (3) years documented experience in the field of medical case management of workers’ compensation claims. In Lieu of required certifications (CCM or CDMS), a current licensed Registered Nurse with a minimum of five (5) years documented experience in the field of workers compensation medical case management of workers compensation claims is also acceptable.

b. In accordance with the requirements stated herein, the Contractor may utilize key personnel who have not yet received their certification when the following exists:

1) These individuals are used on a limited basis and assigned those tasks that would be considered preliminary or less technical in nature.

2) All work performed by these individuals is under the direction and supervision of a key personnel member who is currently certified in (1) or more of the areas as specified herein.

C. CITY’S RESPONSIBILITES

1. The Contract Administrator for the resulting contract shall be the Safety & Risk Management Department Director or designee.

2. Perform a periodic review of all license or certificates of the Contractor (including key personnel or Subconsultants) to ensure they are properly maintained.

3. Perform all duties associated with the coordination of referrals.

4. Provide the following as appropriate to each claim referred to the Contractor:

a. Updated medical records as received

b. Review and approve or disapprove recommendations

c. Review request for deviation from reporting and/or billing criteria and approve those that are deemed appropriate

D. ADDITIONAL REQUIREMENTS - HIPPA

The City of Scottsdale and Contractor agree to comply with the Administrative Simplification requirements of the Health Insurance Portability and Accountability Act of 1996 (‘HIPAA’), as set forth in Title 45, Parts 160 and 164 of the Code of Federal Regulations (the ‘CFR’). In the event of conflicting terms or conditions, this term shall supersede the Contract.

1. Definitions. Capitalized terms not otherwise defined in the Contract shall have the meanings given to them in Title 45, Parts 160 and 164 of the CFR and are incorporated herein by reference.

2. Use and Disclosure of Protected Health Information. Contractor shall use and/or disclose

Protected Health Information (‘PHI’) only to the extent necessary to satisfy Contractor’s obligations under the Contract.

1. Prohibition on Unauthorized Use or Disclosure of PHI. Contractor shall not use or disclose PHI received from or on behalf of City of Scottsdale, except as permitted or required by the Contract, COS RFP Template as required by law or as otherwise authorized in writing by City of Scottsdale. Contractor shall comply with the applicable provisions of:

a. Title 45, Part 164 of the CFR.

b. State laws, rules and regulations applicable to PHI not preempted pursuant to Title 45, Part

160, Subpart B of the CFR or the Employee Retirement Income Security Act of 1974 (‘ERISA’) as amended.

c. City of Scottsdale’s health information privacy and security policies and procedures.

2. Contractor’s Operations. Contractor may use PHI it creates or receives for or from the City of Scottsdale only to the extent necessary for Contractor’s proper management and administration or to carry out Contractor’s legal responsibilities. Contractor may disclose such PHI as necessary for Contractor’s proper management and administration or to carry out Contractor’s legal responsibilities only if:

a. The disclosure is required by law

b. Contractor obtains reasonable assurances from any person or organization to which

Contractor shall disclose such PHI that such person or organization shall:

• Hold such PHI in confidence and use or further disclose it only for the purpose for which Contractor disclosed it to the person or organization or as required by law

Notify Contractor (who shall in turn promptly notify City of Scottsdale) of any instance of which the person or organization becomes aware in which the confidentiality of such PHI was breached.

3. Data Aggregation Services. Contractor may use PHI to provide reporting on aggregated data.

4. PHI Safeguards. Contractor shall develop, implement, maintain and use appropriate safeguards to prevent the improper use of disclosure of any PHI received from or on behalf of the City of Scottsdale.

5. Electronic Health Information Security and Integrity. Contractor shall develop, implement, maintain and use appropriate administrative, technical and physical security measures in compliance with Section 1173(d) of the Social Security Act, Title 42, Section 1320d-2(d) of the United States Code and Title 45, Part 164.314 (a)(2) of the CFR to preserve the integrity and confidentiality of all electronically maintained or transmitted Health Information received from or on behalf of the City of Scottsdale pertaining to an individual. Contractor shall document and keep these security measures current.

6. Protection of Exchanged Information in Electronic Transactions. If Contractor conducts any

Standard Transaction for or on behalf of the City of Scottsdale, Contractor shall comply, and shall require any subconsultant or agent conducting such Standard Transaction to comply, with each applicable requirement of Title 45, Part 162 of the CFR.

9. Subconsultants and Agents. Contractor shall require each of its subconsultants or agents to whom Contractor may provide PHI received from, or created or received by Contractor on behalf of the City of Scottsdale to agree in writing to at least the same obligations to protect such PHI as are imposed on Contractor by the Contract.

10. Access to PHI. Contractor shall provide access, at the request of the City of Scottsdale to PHI in a Designated Record Set, to City or, as directed by City of Scottsdale, to an individual to meet the requirements under Title 45, Part 164, Subpart E, Section 164.524 of the CFR and applicable state law. Contractor shall provide access in a reasonable time and manner consistent with the time and manner set forth in City’s health information privacy and security policies and procedures.

11. Amending PHI. Contractor shall make any amendment(s) to PHI in a Designated Record Set that the City of Scottsdale direct or agrees to pursuant to Title 45, Part 164, Subpart E, Section

164.526 of the CFR at the request of City of Scottsdale or an Individual, and in a reasonable time and manner consistent with the time and manner set forth in City of Scottsdale’s health information privacy and security policies and procedures.

12. According Disclosures of PHI.

a. Contractor shall document such disclosures of PHI and information related to such disclosures as would be required for the City of Scottsdale to respond to a request by and Individual for an accounting of disclosures of PHI in accordance with Title 45, Part 164, Subpart E, and Section 164.528 of the CFR.

b. Contractor agrees to provide the City of Scottsdale or an individual, in a reasonable time and manner consistent with the time and manner set forth in City of Scottsdale’s health information privacy and security policies and procedures, information collected in accordance with Section 11(a) above, to permit City of Scottsdale to respond to a request by an individual for an accounting of disclosures of PHU in accordance with Title 45, Part 164, Subpart E, Section 164,528 of the CFR.

13. Access to Books and Records. Contractor shall make its internal practices, book and records relating to the use and disclosure of PHI received from or on behalf of City of Scottsdale available to the United States Department of Health & Human Services (DHHS) or its designee for the purpose of DHHS determining City of Scottsdale’s compliance with the Privacy Rule.

14. Reporting. Contractor shall report to City of Scottsdale Risk Management and Human Resources of any use or disclosure of PHI not authorized by the Contract, by law, or in writing by City of Scottsdale of which it becomes aware. Contractor shall make the report to City of Scottsdale Human Resource Director within five business days after Contractor learns of such unauthorized use or disclosure. Contactor’s report shall at least:

a. Identify the nature of the unauthorized use or disclosure

b. Identify the PHI used or disclosed

c. Identify who made the unauthorized use or received the unauthorized disclosure

d. Identify what Contractor has done or shall do to mitigate any deleterious effect of the unauthorized use or disclosure

e. Identify what corrective action Contractor has taken or shall take to prevent future similar unauthorized use of disclosure

f. Provide such other information as reasonably requested by City of Scottsdale’s Privacy Official

15. Mitigation. Contractor agrees to mitigate, to the extent practicable, any harmful effect that is known to Contractor of a use or disclosure of PHI by Contractor in violation of the requirements of the Contract.

16. Return or Destruction of Health Information.

a. Upon termination, cancellation, expiration or other conclusion of the Contract, Contractor shall return to City of Scottsdale or destroy all PHI received from City of Scottsdale, or destroy all PHI received from the City of Scottsdale, or created or received by Contractor on behalf

COS RFP Template of City of Scottsdale. This provision shall apply to PHI that is in the possession of subconsultants or agents of Contractor. Except as provided in Section 2.C.3. Contractor shall retain no copies of the PHI.

17. Obligation of the City of Scottsdale.

a. City of Scottsdale shall provide Contractor with any changes in, or revocation of, permission by an Individual to use or disclose PHI if such changes affect Contractor’s permitted or required uses and disclosures.

b. City of Scottsdale shall notify Contractor, in writing, of any restriction to the use of disclosure of PHI that City of Scottsdale has agreed to in accordance with Title 45, Part 164, Subpart E, and Section 164.522.

c. City of Scottsdale acknowledges that it shall provide to, or request from, Contractor only the minimum PHI necessary for Contractor to perform or fulfill a specific function required or permitted hereunder.

d. City of Scottsdale shall not request Contractor to use or disclose PHI in any manner that would not be permissible under HIPAA if done by City of Scottsdale.

e. Automatic Amendment. Upon the effective date of any amendment to the regulations promulgated by DHHS with respect to PHI, the Contract shall automatically amend such that the obligations imposed on Contactor as a Contractor remain in compliance with such regulations.

SECTION 3 - SPECIAL TERMS AND CONDITIONS

1. ACCEPTANCE / AGREEMENT

Contractor shall act under the authority and approval of the Contract Administrator for the City, further named herein, to provide the services required by this Contract.

If for any reason the Offeror should fail to accept in writing, any conduct by Offeror which recognizes the existence of a Contract/Agreement pertaining to the subject matter hereof shall constitute acceptance by Offeror of the Contract/Agreement and all of its terms and conditions.

Any terms proposed in Offeror's acceptance of City's Contract which adds to, varies from or conflicts with the terms herein are hereby rejected by the City. Any such proposed terms shall be void and the terms herein shall constitute the complete and exclusive statement of the terms and conditions of the Contract/Agreement between the parties.

2. ACCURACY OF WORK

The Contractor shall be responsible for the accuracy of the work requested and shall promptly make all necessary revisions or corrections without additional compensation. Acceptance of the work by the Project Manager will not relieve the Contractor of the responsibility for subsequent correction of any errors and the clarification of any ambiguities.

3. BACKGROUND CHECK

The Contractor acknowledges that the City may require a background and/or criminal records check of Contractor, which may include fingerprinting. If, in the City’s sole discretion, the City determines that the Contractor refused to participate in a background and/or criminal records check or the City no longer wishes to contract with the Contractor due to the results of a background and/or criminal records check, the CITY may terminate this agreement effective immediately upon the CITY’S notice to the Contractor.

4. CITY ASSURANCE

The Contract Administrator shall report to the Contractor in writing, via email, or other written documentation, all deficiencies in the quality of performance of the maintenance service. All communication, written or verbal, between the City of Scottsdale and the Contractor shall be in English.

All deficiencies in the performance of the Contractor’s service shall be corrected promptly by the Contractor as directed by the Contract Administrator.

The Contract Administrator may monitor and review the performance of the Contractor and employees. The outcomes of this oversight may have a direct bearing on the opportunity to negotiate a renewal of the Contract, when applicable.

5. CITY OBSERVED HOLIDAYS

City holiday time frame to be 6:00 P.M. the eve of the holiday until 6:00 A.M. on the day after the holiday.

City Holidays Include: New Year’s Day, Martin Luther King Day, President’s Day, Memorial Day, Juneteenth, Independence Day, Labor Day, Thanksgiving Day (plus Day after Thanksgiving), Christmas Day.

a. New Year’s Day January 1st (or Friday before or Monday after)

b. Martin Luther King Day 3rd Monday in January

c. President’s Day 3rd Monday in February

d. Memorial Day Last Monday in May

e. Juneteenth June 19th

f. Independence Day July 4th (or Friday before or Monday after)

g. Labor Day 1st Monday in September

h. Veteran’s Day November 11 (or Friday before or Monday after)

i. Thanksgiving Day 4th Thursday in November

j. Day after Thanksgiving 4th Friday in November

k. Christmas Day December 25th (or Friday before or Monday after)

6. COMPLETENESS AND ACCURACY

The Consultant will be responsible for the completeness and accuracy of work prepared by the Consultant and will correct, at its expense, all errors or omissions which may be disclosed. The cost to correct those errors will be chargeable to the Consultant. Additional construction added to the project will not be the responsibility of the Consultant unless the need for additional construction was created by any error, omission, or negligent act of the Consultant. The City’s acceptance of the Consultant’s work will not relieve the Consultant of any of its responsibilities.

The professional standard to which the Consultant is held will be that of a similar Consultant as practiced in the State of Arizona.

7. CONTRACT ADMINISTRATION

The Contract Administrator, as identified in the Statement of Need shall audit the billings, approve payments, establish schedules, approve addenda to the contract, and generally be responsible for overseeing the execution of the contract.

8. FUEL SURCHARGES

Fuel surcharges shall NOT be allowable during the term of this Contract.

9. INSURANCE REQUIREMENTS

Insurance Representations and Requirements

General Contractor agrees to comply with all applicable City ordinances and state and federal laws and regulations.

Without limiting any obligations or liabilities of Contractor, must purchase and maintain, at its own expense, this Contract’s stipulated minimum insurance with insurance companies properly licensed by the State of Arizona (admitted insurer) with an AM Best, Inc. rating of B ++ 6 or above or an equivalent qualified unlicensed insurer by the State of Arizona (non-admitted insurer) with policies and forms satisfactory to City of Scottsdale. Failure to maintain insurance as specified may result in termination of this Contract at City of Scottsdale’s option.

COS RFP Template

No Representation of Coverage Adequacy By requiring the insurance stated in this Contract, the City of Scottsdale does not represent that coverage and limits will be adequate to protect Contractor. City of Scottsdale reserves the right to review any and all of the insurance policies and/or endorsements required by this Contract but have no obligation to do so. Failure to demand any evidence of full compliance with the insurance requirements stated in this Contract or failure to identify any insurance deficiency does not relieve Contractor from, nor may it be construed or considered a waiver of Contractor’s obligation to maintain the required insurance at all times during the performance of this Contract.

Coverage Term All insurance required by this Contract must be maintained in full force and effect until all work or services required to be performed under the terms of this Contract are satisfactorily performed, completed and formally accepted by The City of Scottsdale, unless specified otherwise in this Contract.

Claims Made In the event any insurance policies required by this Contract are written on a “claims made” basis, coverage shall continue uninterrupted throughout the term of this Contract by keeping coverage in force using the effective date of this Contract as the retroactive date on all “claims made” policies. The retroactive date for exclusion of claims must be on or before the effective date of this Contract and can never be after the effective date of this Contract. Upon completion or termination of this Contract, the “claims made” coverage shall be extended for an additional three

(3) years using the original retroactive date, either through purchasing an extended reporting option; or by continued renewal of the original insurance policies. Submission of annual Certificates of Insurance, citing the applicable coverages and provisions specified herein, shall continue for three (3) years past the completion or termination of this Contract.

Policy Deductibles and or Self-Insured Retentions The policy requirements may provide coverage which contains deductibles or self-insured retention amounts. Any deductibles or self-insured retention are not applicable to the policy limits provided to City of Scottsdale. Contractor is solely responsible for any deductible or self-insured retention amount. City of Scottsdale, at its option, may require Contractor to secure payment of any deductible or self-insured retention by a surety bond or irrevocable and unconditional letter of credit.

Use of Subconsultants If any work under this Contract is subcontracted in any way, Contractor must execute a written agreement with Subconsultant containing the same Indemnification Clause and Insurance Requirements as stated in this Contract protecting City of Scottsdale and Contractor. Contractor will be responsible for executing the agreement with Subconsultant and obtaining Certificates of Insurance verifying the insurance requirements.

Evidence of Insurance and Required Endorsements Before starting any work or services under this Contract, Contractor must furnish City of Scottsdale with Certificate(s) of Insurance, or formal endorsements as required by this Contract, issued by Contractor’s insurer(s) as evidence that policies are placed with acceptable insurers as specified in this Contract and provide the required coverage, conditions, and limits of coverage and that this coverage and the provisions are in full force and effect. If a Certificate of Insurance is submitted as verification of coverage, City of Scottsdale will reasonably rely upon the Certificate of Insurance as evidence of coverage, but this acceptance and reliance will not waive or alter in any way the insurance requirements or obligations of this agreement. If any of the above cited policies expire during the life of this Contract, it is Contractor’s responsibility to forward renewal Certificates within ten (10) days after the renewal date containing all the aforementioned insurance provisions. Certificates must specifically cite the following provisions endorsed to the Contractor’s policy:

COS RFP Template

1. City of Scottsdale, its agents, representatives, officers, directors, officials and employees must be named an Additional Insured under the following policies:

a) Commercial General Liability

b) Auto Liability

c) Excess Liability - Follow Form to underlying insurance as required.

2. Contractor’s insurance must be primary insurance as respects performance of subject contract.

3. All policies, except Professional Liability Insurance, if applicable, waive rights of recovery (subrogation) against City of Scottsdale, its agents, representatives, officers, directors, officials and employees for any claims arising out of work or services performed by Contractor under this Contract.

4. If the Contractor’s receives notice that any of the required policies of insurance are materially reduced or cancelled, it will be Contractor’s responsibility to provide prompt notice of same to the City, unless such coverage is immediately replaced with similar policies.

Required Coverage

Commercial General Liability Contractor must maintain “occurrence” form Commercial General Liability Insurance with a limit of not less than $1,000,000 for each occurrence, $2,000,000 Products and Completed Operations Annual Aggregate, and a $2,000,000 General Aggregate Limit. The policy must cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury. If any Excess insurance is utilized to fulfill the requirements of this section, the Excess insurance must be “follow form” equal or broader in coverage scope than underlying.

Vehicle Liability If any vehicle is used in the performance of the Scope of Work that is the subject of this Contract, the Contractor must maintain Business Automobile Liability Insurance with a limit of $1,000,000 each occurrence on Contractor’s owned, hired, and non-owned vehicles assigned to or used in the performance of the Contractor’s work or services under this Contract. If any hazardous material, as defined by any local, state or federal authority, is the subject, or transported, in the performance of this contract, an MCS 90 endorsement is required providing $5,000,000 per occurrence limits of liability for bodily injury and property damage. If any Excess insurance is utilized to fulfill the requirements of this section, the Excess insurance must be “follow form” equal or broader in coverage scope than underlying.

Workers’ Compensation Insurance Contractor must maintain Workers’ Compensation Insurance to cover obligations imposed by federal and state statutes applicable to Contractor’s employees engaged in the performance of work or services under this Contract and must also maintain Employers’ Liability Insurance of not less than $100,000 for each accident, $100,000 disease for each employee and $500,000 disease policy limit. If the Contractor is a sole proprietor or a single member limited liability company with no employees and has elected not to purchase Workers’ Compensation Insurance; a completed and signed Workers’ Compensation Waiver Form will substitute for the insurance requirement.

Professional Liability If the Contract is the subject of any professional services or work, or if Contractor engages in any professional services or work adjunct or residual to performing the work under this Contract, Contractor must maintain Professional Liability Insurance covering errors and omissions arising out of the work or services performed by Contractor or anyone employed by Contractor or anyone for whose acts, mistakes, errors and omissions Contractor is legally liable, with a liability insurance limit of $1,000,000 each claim and $2,000,000 all claims.

10. INVOICING

All invoices submitted for work done under the scope of this Contract MUST BE ITEMIZED.

Itemized invoices shall contain a MINIMUM of the following information:

• Vendor Name

• Remit to Address

• Purchase Order Number

• Invoice Date

• Invoice Number

• Date service/work was completed

• Complete description of work completed

• Location where service/work was performed

• Itemized list of all charges (quantity, description, unit pricing per the contract)

• Tax Amount (if applicable)

• Total Invoice Amount

The Contractor shall submit invoices with all supporting documentation within thirty (30) days after the service/work is completed and approved by the Contract Administrator.

11. KEY PERSONNEL

The Contractor shall provide an adequate staff of experienced personnel capable of and devoted to the successful accomplishment of Contract work. The Contractor shall assign the specific individuals identified in its proposal to key positions. The Contract is predicated, in part and among other considerations, on the utilization of the specific individual(s) and/or personnel qualification(s) identified and/or described in the Contractor’s offer. Therefore, no substitution of such specified individuals and/or personnel shall be made without prior written approval of the CA. Any substitution of personnel under this Contract shall be equal or better than those identified in the Contract. The City’s approval of a personnel substitution shall not be construed as an acceptance of the substitution’s performance potential. No approval shall be unreasonably withheld of a proposed substitution of personnel. The Contractor shall bear all transitional expenses incurred for any costs associated with removing or replacing Key Personnel who are performing work under the Contract.

12. MULTIPLE AWARDS

If deemed to be in the City of Scottsdale’s best interests, the City reserves the right to award multiple Contracts as a result of the solicitation process. While multiple awards are possible, the preferred procedure is to make a single award for each commodity or category of commodity.

13. NON-COMPLIANCE CONDITIONS AND REMEDIES

Schedule Non-Compliance – Failure to maintain the approved or adjusted schedule will result in the issuance of a notice of non-compliance by the Contract Coordinator, or designee. Failure to correct the non-compliance situation within the time imposed by the City may result in the Contractor’s forfeiture of payment for the work that was not completed in the timeline issued by the Contract Administrator, or designee. At this point the City of Scottsdale will exercise its right to either perform the work itself or use another approved company to perform the work. Any work done in this manner will be deducted from the monthly billing. This action will in no way alleviate the responsibility of the Contractor to continue the maintenance of this site once the area has been recovered.

Employee Non-Compliance – Any employee(s) not following the standards set forth herein will be asked to leave the job site until basic work standards are met. This shall not alleviate the

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Contractor from fulfilling its responsibility to adhere to the schedule established with the Contract Administrator, or designee.

Throughout the life of this Contract every effort will be made to maintain effective communication with the Contractor. Phone calls, emails and faxes will be the normal way of alerting the Contractor to minimal violations. Persistent and/or negligence will be dealt with in a formal setting.

Failure of the Contractor to perform any services or requirements of the Contract shall be cause for the Contract Administrator to deduct payment based on administration costs, cost of labor for services having to be accomplished by others, supplies and materials; to be determined by the Contract Administrator. The disciplinary procedure for this section shall be:

First Infraction – A letter of ‘non-compliance’ shall be issued by the Contract Administrator. The Contractor shall have twenty-four (24) hours to respond in writing detailing what steps shall be taken to bring the maintenance back to compliance with the Contract. Remedy shall be executed within seventy-two (72) hours of notice issued by Contract Administrator to avoid a second letter of non-compliance. A letter of non-compliance will not result in any money charged against the Contractor.

Second Infraction – The second infraction in the same area or the same type of infraction shall result in a meeting with the Contractor. Failure to correct the non-compliance situation within the time imposed by the City may result in the Contractor’s forfeiture of payment for the work that was not completed in the timeline issued by the Contract Administrator. At this point the City of Scottsdale will exercise its right to either perform the work itself or use another approved to perform the work. Any work done in this manner will be deducted from the monthly billing. This action will in no way alleviate the responsibility of the Contractor to continue the maintenance of this site once the area has been recovered.

Third Infraction - The third infraction, within six (6) months, shall result in a meeting between the Contractor, City of Scottsdale staff and City of Scottsdale Purchasing staff. The Contractor shall explain, and put in writing, the action they are going to implement to avoid this situation further.

The third infraction results in the Contractor being put on forty-five (45) day probation, beginning with the meeting with City staff. At any time during the forty-five (45) day probation period the Contractor may be terminated with a seven (7) day notice. Any payments due at that time shall be frozen until the Contract has been serviced to specifications. If this is not possible the Contractor has no expectation of payment

14. OWNERSHIP OF PROJECT DOCUMENTS

All documents, including but not limited to notes, records, data compilations, studies, and reports in any format, including but not limited to, written or electronic media, prepared in the performance of this Contract will remain the property of the City and must be delivered to the Contract Administrator before final payment is made to the Consultant.

When the work detail covers only the preparation of preliminary reports or documents, there will be no limitations upon the City concerning use of the ideas or recommendations in the reports or documents. The City will release the Consultant from any liability for the preparation and use of preliminary reports or documents.

Any use of the project documents for purposes other than intended under this Contract will be at the sole risk of the City, and the Consultant will not be liable for any losses or injuries arising out of that use.

15. PRICE ADJUSTMENTS

Price increases may only be requested by the Contractor, thirty (30) days prior to the anniversary date of the Agreement. Failure to do so may result in the denial of any increase requested.

A requested price increase will become effective only after approval by the Contract Administrator and the Purchasing Director. Once approved the price increase will be adjusted into a new base price for the remainder of the contract period. Any future requested price increases to the base price will only be reviewed at annual renewal time and require the approval of the Contract Administrator and Purchasing Director.

The proposed increased rate shall be based upon presentation by the Contractor and review by the Contract Administrator; however, the Contract Administrator shall evaluate the Contractor's performance, services and records documentation to determine the appropriateness of the increase requested.

16. PRICING

Pricing shall be listed on the Pricing Proposal Form. Prices quoted by the Offerors shall be applicable during the entire initial term of the Contract.

For reasons of clarity all submissions of pricing shall be priced in the same unit (size, volume, quantity, weight, etc.) as requested on the Pricing Proposal Form herein. Offerors failing to comply with this requirement may be declared non-responsive.

A change in pricing may only be requested by the Contractor, thirty (30) days prior to the annual anniversary date of the Contract. The ONLY allowable change in pricing shall be an update of the Manufacturer’s price sheet. The price sheet structure MUST remain the same (i.e. If the Contractor originally quoted Jobber Price less fifteen percent (15%) and submitted the Manufacturer’s Jobber Price Sheet, at the anniversary date of the Contract the ONLY change the Contractor can make in regard to pricing is to replace the old Jobber Price Sheet with a current Jobber Price Sheet). No change to the discount percentage shall be allowed. Price sheets can only be updated thirty (30) days prior to the annual anniversary date of the Contract. Failure to request a price sheet change in the timeframe specified herein may result in the denial of any increase requested.

17. PURCHASING PROCEDURE

All orders require a City of Scottsdale purchase order that will be communicated by phone, fax or e-mail. No parts or commodities or work shall be rendered/are to be delivered without the issuance of a City of Scottsdale purchase order. Any invoices received from the Contractor without a City of Scottsdale purchase order number, referenced on the invoice, may remain unpaid.

18. QUANTITY

The estimated quantities that will be required during the initial term of this Contract are indicated on the Pricing Proposal Form contained herein.

The actual service requests, and service requests for future years may be more or less, and any quantities listed herein should be used for information purposes only.

19. REVIEW OF CONTRACTOR’S WORK

Work performed by the Contractor shall be subject to periodic reviews and partial acceptance at various stages. The Department may make such reviews and pass upon the acceptability of Contractor’s work. Partial acceptance shall not relieve the Contractor of its obligation to correct, without charge, any errors in the work on this project.

COS RFP Template

The City…