2026-883 RFP Temporary Employment Services Bid Documents COA.pdf

REQUEST FOR PROPOSALS FOR

EMPLOYMENT SERVICES

RFP: 2026-883

Project Name:

Temporary Employment Services Applicable NIGP Commodity Codes: 962-69

Contracting Agency:

City of Aztec Attn: Brenda Blake

Purchasing Specialist 201 W Chaco

Aztec New Mexico 87410

Telephone: (505) 334-7652

TC 2026-883 RFP TEMPORARY EMPLOYMENT Services.Docx

Table of Contents

I. INTRODUCTION

A. PURPOSE OF THIS REQUEST FOR PROPOSALS

B. BACKGROUND INFORMATION

C. SCOPE OF PROCUREMENT

D. PROCUREMENT SPECIALIST

E. DEFINITION OF TERMINOLOGY

II. CONDITIONS GOVERNING THE PROCUREMENT

A. SEQUENCE OF EVENTS

B. EXPLANATION OF EVENTS

C. GENERAL REQUIREMENTS

III. RESPONSE FORMAT AND ORGANIZATION

A. NUMBER OF RESPONSES

B. NUMBER OF COPIES

C. PROPOSAL FORMAT

IV. SPECIFICATIONS

A. DETAILED SCOPE OF WORK

B. TECHNICAL SPECIFICATIONS

A. BUSINESS SPECIFICATIONS

V. EVALUATION

A. EVALUATION FACTORS SUMMARY

B. EVALUATION FACTORS

C. EVALUATION PROCESS AND AWARD

APPENDIX A: ACKNOWLEDGEMENT OF RECEIPT FORM

APPENDIX B: LETTER OF TRANSMITTAL FORM

APPENDIX C: CAMPAIGN CONTRIBUTION DISCLOSURE FORM

APPENDIX D: DEBARMENT/SUSPENSION CERTIFICATION FORM

APPENDIX E: NEW MEXICO PREFERENCE

APPENDIX F: FEE CALCULATION AND COST FORM

APPENDIX G: ORGANIZATIONAL REFERENCE QUESTIONNAIRE

APPENDIX H: SAMPLE CONTRACT

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I. INTRODUCTION

A. PURPOSE OF THIS REQUEST FOR PROPOSALS

The purpose of the Request for Proposal (RFP) is to solicit sealed proposals to establish a contract through competitive negotiations for the procurement of a qualified firm to provide temporary technical, non-technical & skilled employment services on an as needed basis to be determined by the City.

B. BACKGROUND INFORMATION

The City of Aztec is located in the northwest corner of New Mexico, 15 miles northeast of Farmington, New Mexico and 36 miles south of Durango, Colorado. Aztec is the county seat for San Juan County and has a population of approximately 6,129. The boundaries for the City encompass a land area of 12.53 square miles. The City owns and operates its Electric, Water, and Wastewater and Solid Waste Utilities.

The City provides a variety of municipal services including Police Department, Municipal Court, Community Development, Library, Senior Center, General Services, Animal Control, Motor Vehicle Dept, Visitor Center, and Municipal Airport.

C. SCOPE OF PROCUREMENT

Request for Proposal to provide services consisting of Temporary Employment Services to perform various duties as assigned on demand as needed.

Temporaries required may cover a wide range of occupations, including but not limited to the following occupational categories Non-Technical, Skilled & Technical This Agreement shall be renewed automatically, subject to the appropriation of funds by the City Commission, from year to year for four (4) additional consecutive one (1) year periods.

D. PROCUREMENT SPECIALIST

The City of Aztec has assigned a Procurement Specialist who is responsible for the conduct of this procurement whose name, address, telephone number and e-mail address are listed below:

Name: Brenda Blake, Procurement Specialist Telephone: (505) 334-7652 Email: procurement@aztecnm.gov

1. Any inquiries or requests regarding this procurement should be submitted, in writing, to the

Procurement Specialist. Offerors may contact ONLY the Procurement Specialist regarding this procurement. Other city employees or Evaluation Committee members do not have the authority to respond on behalf of the City of Aztec.

2. Protests of the solicitation or award must be submitted in writing to the Protest Manager identified in Section II.B.13. As a Protest Manager has been named in this Request for Proposals, pursuant to §13-1-172, NMSA 1978 and 1.4.1.82 NMAC, ONLY protests delivered directly to the mailto:procurement@aztecnm.gov

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Protest Manager in writing and in a timely fashion will be considered to have been submitted properly and in accordance with statute, rule and this Request for Proposals. Protests submitted or delivered to the Procurement Specialist will NOT be considered properly submitted.

E. DEFINITION OF TERMINOLOGY

This section contains definitions of terms used throughout this procurement document, including appropriate abbreviations:

“Agency” means the City of Aztec

“Amendment” means a written or graphic instrument issued prior to the opening of Proposal, which clarifies, corrects, or changes the Request for Proposal.

“Award of Contract” shall mean a formal written notice by the City that a firm has been selected to enter into a contract for services. Any Award of Contract that has not resulted in a written contract offer to the Offeror, within 6 months or written notice, shall not be considered an award for the purposes of the Project Listing Form.

“Business Hours” means weekdays (Monday – Thursday) 7:00 am thru 5:30 PM MST/MDT, whichever is in effect on the date given.

“City” means the City of Aztec

“Close of Business” means (Monday – Thursday) 5:30 PM MST/MDT, whichever is in effect on the date given.

“Confidential” means confidential financial information concerning respondent’s organization and data that qualifies as a trade secret in accordance with the Uniform Trade Secrets Act NMSA 1978 57-3-A-1 to 57-3A-7. See NMAC 1.4.1.45. As one example, no information that could be obtained from a source outside this request for proposals can be considered confidential information

“Contract" means any agreement for the procurement of items of tangible personal property, services or construction.

“Contractor" means the offeror selected by the City pursuant to this Request for Proposals.

“Desirable" the terms "may", "can", "should", "preferably", or "prefers" identify a desirable or discretionary item or factor.

“Determination" means the written documentation of a decision of a procurement specialist and the Selection Committee including findings of fact supporting a decision. A determination becomes part of the procurement file to which it pertains.

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“Electronic Version/Copy” means a digital form consisting of text, images or both readable on computers or other electronic devices that includes all content that the Original and Hard Copy proposals contain. The digital form may be submitted using a compact disc (cd) or USB flash drive. The electronic version/copy can NOT be emailed.

“Evaluation Committee” means a body appointed to perform the evaluation of Offerors’ proposals.

“Evaluation Committee Report” means a report prepared by The Procurement Specialist and Evaluation Committee for contract award. It will contain written determinations resulting from the procurement.

“Finalist” means an Offeror who meets all the mandatory specifications of this Request for Proposals and whose score on evaluation factors is sufficiently high to merit further consideration by the Evaluation Committee.

“Hourly Rate” means the proposed fully loaded maximum hourly rates that include travel, per diem, fringe benefits and any overhead costs for contractor personnel, as well as subcontractor personnel if appropriate.

“Mandatory" – the terms "must", "shall", "will", "is required", or "are required", identify a mandatory item or factor (as opposed to “desirable”). Failure to meet a mandatory item or factor will result in the rejection of the Offeror’s proposal.

“Minor Technical Irregularities” means anything in the proposal that does not affect the price quality and quantity or any other mandatory requirement.

“Offeror" is any person, corporation, or partnership who chooses to submit a proposal.

“Owner” is the City of Aztec (COA).

“Price Agreement" means a definite quantity contract or indefinite quantity contract which requires the contractor to furnish items of tangible personal property, services or construction to a state agency or a local public body which issues a purchase order, if the purchase order is within the quantity limitations of the contract, if any.

“Procurement Specialist” means any person or designee authorized by a state agency or local public body with the responsibility, authority, and resources to conduct the RFP procurement, make written determinations regarding the RFP procurement, and/or enter into or administer contracts as a result of the RFP procurement.

“Procuring Agency" means all State of New Mexico agencies, commissions, institutions, political subdivisions and local public bodies allowed by law to entertain procurements.

“Proposal” is the offeror’s response to this RFP

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“Redacted” means a version/copy of the Offeror’s proposal with the information considered proprietary or confidential (as defined by §§57-3A-1 to 57-3A-7 NMSA 1978 and NMAC 1.4.1.45 and summarized herein and outlined in Section II.C.8 of this RFP) blacked-out BUT NOT omitted or removed

“Request for Proposals (RFP)" means all documents, including those attached or incorporated by reference, used for soliciting proposals.

“Responsible Offeror" means an Offeror who submits a responsive proposal and who has furnished, when required, information and data to prove that his financial resources, production or service facilities, personnel, service reputation and experience are adequate to make satisfactory delivery of the services, or items of tangible personal property described in the proposal.

“Responsive Offer" or “Responsive Proposal” means an offer or proposal, which conforms in all material aspects to the requirements set forth in the Request for Proposals (RFP). Material aspects of responses to the Request for Proposals (RFP) include, but are not limited to price, quality, quantity or delivery requirements.

“Sealed” means, in terms of a non-electronic submission, that the proposal is enclosed in a package which is completely fastened in such a way that nothing can be added or removed. Open packages submitted will not be accepted except for packages that may have been damaged by the delivery service itself. The City reserves the right, however, to accept or reject packages where there may have been damage done by the delivery service itself. Whether a package has been damaged by the delivery service or left unfastened and should or should not be accepted is a determination to be made by the Procurement Specialist. By submitting a proposal, the Offeror agrees to and concurs with this process and accepts the determination of the Procurement Specialist in such cases.

“Selection Committee” means a body appointed by the Procurement Specialist to perform the evaluation of Offeror proposals.

“Selection Committee Report” means a report prepared by the Procurement Specialist and the Selection Committee for submission to the Commission for contract award that contains all written determinations resulting from the conduct of a procurement requiring the of competitive sealed proposals.

“Staff" means any individual who is a full-time, part-time, or an independently contracted employee with the Offerors’ company.

“State (the State)” means the State of New Mexico.

“Statement of Concurrence” means an affirmative statement from the Offeror to the required specification agreeing to comply and concur with the stated requirement(s). This statement shall be included in Offerors proposal. (E.g. “We concur”, “Understands and Complies”, “Comply”, “Will Comply if Applicable” etc.)

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“Unredacted” means a version/copy of the proposal containing all complete information including any that the Offeror would otherwise consider confidential, such copy for use only for the purposes of evaluation.

“Written” means typewritten on standard 8 ½ x 11-inch paper. Larger paper is permissible for charts, spreadsheets, etc.

“Overtime” Shall be defined as any time approved in advance by City in excess of forty (40) hours per standard work week. Weekend work shall not be considered overtime unless the hours worked are in excess of forty (40) hours for that work week. Pay rate for approved overtime hours shall not be greater than one- and one-half times the regular rate of pay (time and one-half).

“Payrolled Temporary” Shall be defined as person(s) recruited by the City but hired through the Offeror to provide the City with temporary employment services.

“PERA” Shall be defined as a State of New Mexico public employee’s retirement program provided for in the Public Employees Retirement Act, Magistrate Retirement Act, or Judicial Retirement Act.

“Recruited Temporary” Shall be defined as person(s) recruited and hired by the Offeror to provide temporary employment services.

“Retiree” Shall be defined as a person who is being paid a normal, deferred or disability PERA pension on account of that person’s membership in PERA.

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II. CONDITIONS GOVERNING THE PROCUREMENT

This section of the RFP contains the schedule, description and conditions governing the procurement.

A. SEQUENCE OF EVENTS

The Procurement Specialist will make every effort to adhere to the following schedule*:

Action Responsibility Date

1. Issue RFP City September 22, 2025

2. Acknowledgement of Receipt Form

Potential Offerors September 30, 2025

3. Deadline to submit additional Questions

Potential Offeror October 01, 2025

4. Response to Written Questions Procurement Specialist October 7, 2025

5. Submission of Proposal Potential Offerors October 20, 2025

6. Proposal Evaluation Evaluation Committee October 21, 2025

7. Selection of Finalists, Oral Presentation(s), Best and Final Offers

Evaluation Committee/Finalist Offerors

October 22 to October 28 2025

8. Protest deadline SPD Within 15 days after Knowledge of Awarding Contract

9. Finalize Contract/Contract Award

City/Finalist Offerors Upon Approval from City Commission

*Subject to change at the discretion of City of Aztec

B. EXPLANATION OF EVENTS

The following paragraphs describe the activities listed in the sequence of events shown in Section II. A., above.

1. Issuance of RFP

This RFP is being issued by City of Aztec on behalf of its members and Participating Entities.

2. Acknowledgement of Receipt

The pre-proposal conference is an opportunity for potential offerors to verify information and ask questions regarding the RFP. All interested parties are encouraged to attend. Any important information provided during a non-mandatory pre-proposal conference will be documented and made available through formal addendum and posted within on the City of Aztec BidNet Procurement Portal. Any questions for which answers are not immediately addressed during the conference will also be addressed in a formal addendum

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3. Deadline to submit written questions/request for clarification

Potential Offerors may submit written questions or request for clarification as to the intent or clarity of this RFP until 5:00 PM MT on the date indicated in the Sequence of Events. All questions must be submitted in writing only to the Procurement Specialist specified in this RFP or via BidNet Direct City of Aztec’s procurement portal. Questions or communications submitted to anyone other than the Procurement Specialist is considered unauthorized and may result in disqualification of a submitted proposal.

4. Response to Written Questions/RFP Amendments

Written responses to written questions and any RFP amendments will be posted to the City of Aztec’s procurement portal at https://www.bidnetdirect.com/new-mexico/cityofaztec and may be emailed to parties who submitted questions.

5. Submission of Proposal

PROPOSALS MUST BE SUBMITTED ONLINE VIA THE CITY OF AZTEC

PROCUREMENT PORTAL AT:

https://www.bidnetdirect.com/new-mexico/cityofaztec

Offerors who do not have the ability to submit online, or who cannot successfully upload the proposal via the online portal, must contact the Procurement Specialist specified in this RFP prior to the deadline for submittal to obtain information on an alternate method of submittal. When using an alternate method of submittal, it is the responsibility of the offeror to ensure timely receipt of the proposal. City of Aztec assumes no responsibility for, and will reject, late submittals (unless only one proposal is received).

6. Proposal Evaluation

The evaluation of proposals will be performed by an Evaluation Committee appointed by City of Aztec and the Procurement Specialist. During this time, the Procurement Specialist may, at their option, initiate discussions with offerors who submit responsive or potentially responsive proposals for the purpose of clarifying aspects of the proposals, but proposals may be accepted and evaluated without such discussion. Discussions SHALL NOT be initiated by the Offerors.

7. Selection of Finalists, Oral Presentation(s), Best and Final Offers

The Evaluation Committee may select, and the Procurement Specialist may notify “finalist” offerors.

Only finalist offerors will be invited to participate in the subsequent steps of the procurement. The Evaluation Committee reserves the right not to utilize the finalist process if they deem it in the best interest of City of Aztec.

8. Protest Deadline

In accordance with NMSA 1978, § 13-1-172, any Offeror who is aggrieved in connection with the award of a contract may protest to the City of Aztec Finance Department. The protest must be https://www.bidnetdirect.com/new-mexico/cityofaztec

8 RFP 2026-883 Temporary Employment Services submitted in writing within fifteen (15) calendar days after knowledge of the facts or occurrences giving rise to the protest to:

Brenda Blake Procurement Specialist City of Aztec 201 W Chaco Aztec, NM 87410

The 15-day protest period shall begin on the day following the date of written notice of action from the Finance Department. Protests must include the name and address of the protestant, the solicitation number, and a statement of ground for protest, including appropriate supporting exhibits. Protests received after the deadline will not be accepted.

9. Finalize Contractual Agreements

A member of the evaluation committee will present the finalist to the City Commission for final approval. Any Contractual agreement(s) resulting from this RFP will be finalized with the most advantageous Offeror(s) as per schedule Section II. A., Sequence of Events or soon thereafter. This date is subject to change at the discretion of the City of Aztec Procurement office.

After review of the Evaluation Committee Report and the signed contractual agreement, the City of Aztec Procurement Specialist will award as per the schedule in Section II. A., Sequence of Events or soon thereafter. This date is subject to change at the discretion of the City of Aztec Procurement Specialist.

The contract shall be awarded to the Offeror (or Offerors) whose proposals are most advantageous to the City of Aztec, taking into consideration the evaluation factors set forth in this RFP. The most advantageous proposal may or may not have received the most points. The award is subject to appropriate Department and Commission approval.

In the event mutually agreeable terms cannot be reached with the apparent most advantageous Offeror in the time specified, the City of Aztec reserves the right to finalize a contractual agreement with the next most advantageous Offeror(s) without undertaking a new procurement process.

C. GENERAL REQUIREMENTS

1. Acceptance of Conditions Governing the Procurement

Potential Offerors must indicate their acceptance of the Conditions Governing the Procurement section in the letter of transmittal. Submission of a proposal constitutes acceptance of the Evaluation Factors contained in Section V of this RFP.

2. Incurring Cost

Any cost incurred by the potential Offeror in preparation, transmittal, and/or presentation of any proposal or material submitted in response to this RFP shall be borne solely by the Offeror. Any cost incurred by the Offeror for set up and demonstration of the proposed equipment and/or system shall be borne solely by the Offeror.

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3. Prime Contractor Responsibility

Any contractual agreement that may result from this RFP shall specify that the prime contractor is solely responsible for fulfillment of all requirements of the contractual agreement with the City of Aztec which may derive from this RFP. The City of Aztec, entering into a contractual agreement with a vendor, will make payments to only the prime contractor.

4. Amended Proposals

An Offeror may submit an amended proposal before the deadline for receipt of proposals. Such amended proposals must be complete replacements for a previously submitted proposal and must be clearly identified as such in the transmittal letter. The City of Aztec’s personnel will not merge, collate, or assemble proposal materials.

5. Offeror’s Rights to Withdraw Proposal

Offerors will be allowed to withdraw their proposals at any time prior to the deadline for receipt of proposals. The Offeror must submit a written withdrawal request addressed to the Procurement Specialist and signed by the Offeror’s duly authorized representative.

The approval or denial of withdrawal requests received after the deadline for receipt of the proposals is governed by the applicable procurement regulations.

6. Proposal Offer Firm

Responses to this RFP, including proposal prices for services, will be considered firm for one hundred twenty (120) days after the due date for receipt of proposals or ninety (90) days after the due date for the receipt of a best and final offer, if the Offeror is invited or required to submit one.

7. Disclosure of Proposal Contents

Proposals will be kept confidential until negotiations and the award are completed by the City of Aztec.

At that time, all proposals and documents pertaining to the proposals will be open to the public, except for material that is clearly marked proprietary or confidential. The Procurement Specialist will not disclose or make public any pages of a proposal on which the potential Offeror has stamped or imprinted "proprietary" or "confidential" subject to the following requirements:

A. Proprietary or confidential data shall be readily separable from the proposal in order to facilitate eventual public inspection of the non-confidential portion of the proposal.

B. Confidential data is restricted to:

1. confidential financial information concerning the Offeror’s organization;

2. and data that qualifies as a trade secret in accordance with the Uniform Trade Secrets Act, NMSA 1978 § 57-3A-1 to 57-3A-7.

C. PLEASE NOTE: The price of products offered, or the cost of services proposed shall not be designated as proprietary or confidential information.

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If a request is received for disclosure of data for which an Offeror has made a written request for confidentiality, the City of Aztec shall examine the Offeror’s request and make a written determination that specifies which portions of the proposal should be disclosed. Unless the Offeror takes legal action to prevent the disclosure, the proposal will be so disclosed. The proposal shall be open to public inspection subject to any continuing prohibition on the disclosure of confidential data.

8. No Obligation

This RFP in no manner obligates the City of Aztec to the use of any Offeror’s services until a valid written contract is awarded and approved by appropriate authorities.

9. Termination

This RFP may be canceled at any time and any and all proposals may be rejected in whole or in part when the City of Aztec determines such action to be in the best interest of the City of Aztec.

10. Sufficient Appropriation

Any contract awarded as a result of this RFP process may be terminated if sufficient appropriations or authorizations do not exist. Such terminations will be affected by sending written notice to the contractor. The City of Aztec’s decision as to whether sufficient appropriations and authorizations are available will be accepted by the contractor as final.

11. Legal Review

The City of Aztec requires that all Offerors agree to be bound by the General Requirements contained in this RFP. Any Offeror’s concerns must be promptly submitted in writing to the attention of the Procurement Specialist.

12. Governing Law

This RFP and any agreement with an Offeror which may result from this procurement shall be governed by the laws of the State of New Mexico.

13. Basis for Proposal

Only information supplied, in writing, by the City of Aztec through the Procurement Specialist or in this RFP should be used as the basis for the preparation of Offeror proposals.

14. Contract Terms and Conditions

The contract between the City of Aztec and a contractor will follow the format specified by the City of Aztec and contain the terms and conditions set forth in the Sample Contract Appendix H. However, the City of Aztec reserves the right to negotiate provisions in addition to those contained in this RFP (Sample Contract) with any Offeror. The contents of this RFP, as revised and/or supplemented, and the successful Offeror’s proposal will be incorporated into and become part of any resultant contract.

The City of Aztec discourages exceptions from the contract terms and conditions as set forth in the RFP Sample Contract. Such exceptions may cause a proposal to be rejected as nonresponsive when, in the sole judgment of the City of Aztec (and its evaluation team), the proposal appears to be conditioned on

11 RFP 2026-883 Temporary Employment Services the exception, or correction of what is deemed to be a deficiency, or an unacceptable exception is proposed which would require a substantial proposal rewrite to correct.

Should an Offeror object to any of the terms and conditions as set forth in the RFP Sample Contract (APPENDIX H) strongly enough to propose alternate terms and conditions in spite of the above, the Offeror must propose specific alternative language. The City of Aztec may or may not accept the alternative language. General references to the Offeror’s terms and conditions or attempts at complete substitutions of the Sample Contract are not acceptable to the City of Aztec and will result in disqualification of the Offeror’s proposal.

Offerors must provide a brief description of the purpose and impact, if any, of each proposed change followed by the specific proposed alternate wording.

Describe any work, whether by subject area or nature of work, which would not be covered by your compensation proposal.

If an Offeror fails to propose any alternate terms and conditions during the procurement process (the RFP process prior to selection as successful Offeror), no proposed alternate terms and conditions will be considered later during the negotiation process. Failure to propose alternate terms and conditions during the procurement process (the RFP process prior to selection as successful Offeror) is an explicit agreement by the Offeror that the contractual terms and conditions contained herein are accepted by the Offeror.

15. Offeror’s Terms and Conditions

Offerors must submit with the proposal a complete set of any additional terms and conditions they expect to have included in a contract negotiated with the City of Aztec. Please see Section II.C.15 for requirements.

16. Contract Deviations

Any additional terms and conditions, which may be the subject of negotiation (such terms and conditions having been proposed during the procurement process, that is, the RFP process prior to selection as successful Offeror), will be discussed only between the City of Aztec and the Offeror selected and shall not be deemed an opportunity to amend the Offeror’s proposal.

17. Offeror Qualifications

The Evaluation Committee may make such investigations as necessary to determine the ability of the potential Offeror to adhere to the requirements specified within this RFP. The Evaluation Committee will reject the proposal of any potential Offeror who is not a Responsible Offeror or fails to submit a responsive offer as defined in NMSA 1978, § 13-1-83 and 13-1-85.

18. Right to Waive Minor Irregularities

The Evaluation Committee reserves the right to waive minor irregularities. The Evaluation Committee also reserves the right to waive mandatory requirements provided that all of the otherwise responsive proposals failed to meet the same mandatory requirements and the failure to do so does not otherwise materially affect the procurement. This right is at the sole discretion of the Evaluation Committee.

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19. Change in Contractor Representatives

The City of Aztec reserves the right to require a change in contractor representatives if the assigned representative(s) is (are) not, in the opinion of the City of Aztec, adequately meeting the needs of the City of Aztec.

20. Notice of Penalties

The Procurement Code, NMSA 1978, § 13-1-28 through 13-1-199, imposes civil, misdemeanor and felony criminal penalties for its violation. In addition, the New Mexico criminal statutes impose felony penalties for bribes, gratuities and kickbacks.

21. City Rights

The City of Aztec, in agreement with the Evaluation Committee, reserves the right to accept all or a portion of a potential Offeror’s proposal.

22. Right to Publish

Throughout the duration of this procurement process and contract term, Offerors and contractors must secure from the City of Aztec written approval prior to the release of any information that pertains to the potential work or activities covered by this procurement and/or the City of Aztec’s contracts deriving from this procurement. Failure to adhere to this requirement may result in disqualification of the Offeror’s proposal or removal from the contract.

23. Ownership of Proposals

All documents submitted in response to the RFP shall become property of the City of Aztec.

24. Confidentiality

Any confidential information provided to, or developed by, the contractor in the performance of the contract resulting from this RFP shall be kept confidential and shall not be made available to any individual or organization by the contractor without the prior written approval of the City of Aztec.

The Contractor(s) agrees to protect the confidentiality of all confidential information and not to publish or disclose such information to any third party without the procuring the City of Aztec's written permission.

25. Electronic mail address required

A large part of the communication regarding this procurement will be conducted by electronic mail (e-mail). Offeror must have a valid e-mail address to receive this correspondence. (See also Section II.B.5, Response to Written Questions).

26. Use of Electronic Versions of this RFP

This RFP is being made available by electronic means. In the event of conflict between a version of the RFP in the Offeror’s possession and the version maintained by the City of Aztec, the Offeror acknowledges that the version maintained by the City of Aztec shall govern the City’s electronic e-procurement system through https://www.bidnetdirect.com/new-mexico/cityofaztec

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27. Campaign Contribution Disclosure Form

Offeror must complete, sign, and return the Campaign Contribution Disclosure Form, APPENDIX C, as a part of their proposal. This requirement applies regardless whether a covered contribution was made or not made for the identified official. Failure to complete and return the signed unaltered form will result in disqualification.

28. Letter of Transmittal Form

Offeror’s proposal must be accompanied by the Letter of Transmittal Form located in APPENDIX B which must be completed and signed by an individual person authorized to obligate the company. The Letter of Transmittal form MUST:

• Identify the submitting business entity.

• Identify the name, title, telephone, and e-mail address of the person authorized by the Offeror organization to contractually obligate the business entity providing the Offer.

• Identify the name, title, telephone, and e-mail address of the person authorized to negotiate the contract on behalf of the organization (if different than (2) above).

• Identify the names, titles, telephone, and e-mail addresses of persons to be contacted for clarification/questions regarding proposal content.

• Identify sub-contractors (if any) anticipated to be utilized in the performance of any resultant contract award.

• Describe the relationship with any other entity which will be used in the performance of this awarded contract.

• Identify the following with a check mark and signature where required:

o Explicitly indicate acceptance of the Conditions Governing the Procurement stated in Section

II. C.1;

o Explicitly indicate acceptance of Section V of this RFP o Acknowledge receipt of any and all amendments to this RFP o Be signed by the person identified in paragraph 2 above.

29. Disclosure Regarding Responsibility

A. Any prospective Contractor and any of its Principals who enter into a contract greater than sixty thousand dollars ($60,000.00) with The City of Aztec for professional services, tangible personal property, services or construction agrees to disclose whether the Contractor, or any principal of the Contractor’s company:

1. is presently debarred, suspended, proposed for debarment, or declared ineligible for award of contract by any federal entity, state agency or local public body;

2. has within a three-year period preceding this offer been convicted in a criminal matter or had a civil judgment rendered against them for:

a) the commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) contract or subcontract;

b) violation of Federal or state antitrust statutes related to the submission of offers; or

c) the commission in any federal or state jurisdiction of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violation of Federal criminal tax law, or receiving stolen property;

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3. is presently indicted for, or otherwise criminally or civilly charged by any (federal state or local) government entity with the commission of any of the offenses enumerated in paragraph A of this disclosure;

4. has, preceding this offer, been notified of any delinquent Federal or state taxes in an amount that exceeds $3,000.00 of which the liability remains unsatisfied. Taxes are considered delinquent if the following criteria apply.

a) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge of the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

b) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

c) Have within a three-year period preceding this offer, had one or more contracts terminated for default by any federal or state agency or local public body.)

B. Principal, for the purpose of this disclosure, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity or related entities.

C. The Contractor shall provide immediate written notice to the City of Aztec Procurement Specialist or other party to this Agreement if, at any time during the term of this Agreement, the Contractor learns that the Contractor’s disclosure was at any time erroneous or became erroneous by reason of changed circumstances.

D. A disclosure that any of the items in this requirement exist will not necessarily result in termination of this Agreement. However, the disclosure will be considered in the determination of the Contractor’s responsibility and ability to perform under this Agreement. Failure of the Contractor to furnish a disclosure or provide additional information as requested will render the Offeror nonresponsive.

E. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the disclosure required by this document. The knowledge and information of a Contractor is not required to exceed that which is the normally possessed by a prudent person in the ordinary course of business dealings.

F. The disclosure requirement provided is a material representation of fact upon which reliance was placed when making an award and is a continuing material representation of the facts during the term of this Agreement. If during the performance of the contract, the Contractor is indicted for or otherwise criminally or civilly charged by any government entity (federal, state or local) with commission of any offenses named in this document the Contractor must provide immediate written notice to the City of Aztec Procurement Specialist. If it is later determined that the Contractor knowingly rendered an erroneous disclosure, in addition to other remedies available to the City of Aztec may terminate the involved contract for cause. Still further the City of Aztec may suspend or debar the Contractor from eligibility for future solicitations until such time as the matter is resolved to the satisfaction of the City of Aztec.

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30. New Mexico Preferences

To ensure adequate consideration and application of NMSA 1978, § 13-1-21 (as amended), Offerors must include a copy of their preference certificate with their proposal. Certificates for preferences must be obtained through the New Mexico Department of Taxation & Revenue http://www.tax.newmexico.gov/Businesses/in-state-veteran-preference-certification.aspx.

A. New Mexico Business Preference

B. New Mexico Resident Veterans Business Preference

C. New Mexico Resident Native American Preference

D. New Mexico Resident Native American Veteran Preference

The City of Aztec shall not award a business multiple preferences: a resident business preference, a resident veteran business preference, a resident native American preference, or a native American veteran preference.

The New Mexico Preferences shall not apply when the expenditures for this RFP includes federal funds.

31. Bribery and Kickbacks

By law (Section 13-1-191, NMSA, 1978) the City is required to inform Offerors of the following:

(1) it is a third-degree felony under New Mexico law to commit the offense of bribery of a public officer or public employee (Section 30-24-1, NMSA, 1978);

(2) it is a third-degree felony to commit the offense of demanding or receiving a bribe by a public officer or public employee (Section 30-24-2, NMSA, 1978);

(3) it is a fourth-degree felony to commit the offense of soliciting or receiving illegal kickbacks (Section 30-41-1, NMSA, 1978); (4) it is a fourth-degree felony to commit the offense of offering or paying illegal kickbacks (Section 30-41-2, NMSA, 1978).

32. Conflict of Interest

A. Offeror warrants that it presently has no interest and will not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of service under this contract.

B. Offeror must notify the City’s Chief Procurement Officer if any employee(s) of the requesting department or the Finance Department have a financial interest in the Offeror. If yes, the Offeror must specify the employee(s) name in their proposal.

http://www.tax.newmexico.gov/Businesses/in-state-veteran-preference-certification.aspx

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III. RESPONSE FORMAT AND ORGANIZATION

A. NUMBER OF RESPONSES

Offerors shall submit only one (1) proposal in response to this RFP.

B. NUMBER OF COPIES

One copy of the proposal shall be uploaded to BidNet @ https://www.bidnetdirect.com/new-mexico/cityofaztec. The uploaded document will be maintained as the original submittal. Additional information or documents may be uploaded together with the original submittal or as separate documents if related to the proposal but must be submitted together under the same RFP link by the deadline date and time.

C. PROPOSAL FORMAT

The ability to follow instructions and formatting is important to City of Aztec. Attention to detail shows the evaluation team your level of commitment to this RFP and your work as an organization. Proposals not following the correct format may be deemed non-responsive and rejected on that basis.

• Letter of Transmittal Form (signed) (APPENDIX B)

• Table of Contents

• Proposal Summary (Optional)

• Response to Contract Terms and Conditions

• Offeror’s Additional Terms and Conditions

• Response to Specifications Organizational Experience

• Campaign Contribution Disclosure Form (APPENDIX C)

• Debarment/Suspension Certification Form (APPENDIX D)

• New Mexico Preferences (If applicable) (APPENDIX E)

• Organizational References (APPENDIX G)

• Other Supporting Material (If applicable)

• Fee Calculation and Cost Form (signed) (APPENDIX F)

Within each section of the proposal, Offerors should address the items in the order indicated above. All forms provided in this RFP must be thoroughly completed and included in the appropriate section of the proposal. All discussion of proposed costs, rates or expenses must occur only on the cost proposal form.

The proposal summary may be included by potential Offerors to provide the Evaluation Committee with an overview of the proposal; however, this material will not be used in the evaluation process unless specifically referenced from other portions of the Offeror’s proposal.

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IV. SPECIFICATIONS

Offerors should respond in the form of a thorough narrative to each specification, unless otherwise instructed. The narratives, including required supporting materials will be evaluated and awarded points accordingly.

A. DETAILED SCOPE OF WORK

1. General Requirements

a) The selected Contractor must provide highly qualified, properly trained, and experienced temporary personnel (personnel) on a short term (less than twelve months) or long-term (greater than twelve months) basis to work at various City locations or work sites assigned to meet the City's temporary employment needs. The Contractor is the legally responsible employer of the personnel and maintains that relationship during the time personnel are assigned to the City.

b) Personnel requirements may cover a wide range of occupations including, but not limited to, the following categories:

• Non-Technical: office/clerical, administrative support, and light industrial.

• Skilled: skilled craft workers with typical hand tools of their trade, laborers, mechanics, maintenance, and repair specialists.

• Technical: computer personnel, estimators, planners, expediters, surveyors, architectural designers and drafters, engineers (various engineering disciplines including transportation), civil designers and drafters, technical writers, illustrators, CAD designers, graphics specialists, and construction inspectors.

c) The categories identified above do not reflect any specific classification groupings. No guarantee of actual service requirement is implied or expressed by these category groupings.

d) Service requirements must be determined by the City's actual need at the time of the request.

e) This agreement must be non-exclusive whereby the City reserves the right to acquire Temporary Employment Services, at its sole discretion, from other sources during the term of any resulting contract or agreement with the Contractor.

f) Contractor must respond within two hours after the initial placement request. Initial placement response is defined as a return call to the requester to review the requirements and develop a timeline for placement. Within a maximum of two business days Contractor must provide the City with viable personnel or, if requested, resumes of viable personnel available for assignment.

g) Contractor must adequately screen and document all personnel that are referred to the City in order to confirm the appropriateness of their working in a public facility and their fitness for the assigned duty (or duties) to be performed. Screening may include, but is not limited to, background checks, drug testing, and reference checks. The City reserves the right to request multi-county background checks and national background checks.

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h) Random driver's license checks, verified through the motor vehicle department to validate an active license and good driving record, must be conducted on a monthly basis.

i) Any costs associated with the above-mentioned screenings must be Contractor's responsibility, except those listed as Additional Services in Compensation section 2.1. The City may request confirmation of such screenings and the documented results.

j) Contractor's personnel must comply with all instructions pertaining to conduct and building regulations issued by the City. Contractor's personnel must demonstrate good personal grooming and dress appropriately for the type of job assigned. All personnel are subject to the City's Policies and Procedures for Drug and Alcohol Testing.

k) Temporary personnel required to operate City vehicles as part of their work assignment must not be placed at the City if they have an alcohol or drug related impairment offense on their driving record within the past three (3) years.

l) The City does not typically provide detailed job descriptions when requesting temporary employees. Contractor can request a detailed written job description if specialized skills are requested by the City.

m) Contractor must assign its provided personnel to work under City's supervision, direction and control. City must assign tasks and have direct control over daily activities. The City must have sole authority for determining the acceptable quality of the work, work product, or completed operations performed or completed by Contractor's personnel. Contractor's personnel have no authority to sign or approve drawings, plans, computer programs or any other finished work.

n) Any work product such as reports, drawings, graphs, or charts, produced by Contractor's personnel must be provided to and be the sole property of the City. Contractor and personnel must not release such work or other information obtained or produced without the prior written consent by the City.

o) In the event any Contractor's personnel fails to adhere to City's directives or demonstrates that they are not qualified to perform the required duties, the City must notify Contractor, who must replace such personnel no later than the following business day. Contractor must waive all charges, rates, and fees if a temporary employee is unacceptable to the City and Contractor is notified within the first eight (8) hours after a temporary employee reports to the City for the assigned duty.

p) The City reserves the right to request the personnel provide their own tools and to state what tools will be required.

q) The City requires that the awarded Contractor maintain a local office.

r) The City acknowledges that Contractor has invested substantial resources in recruiting, screening, training, and retaining a temporary workforce. The City agrees that if it uses the services of any of Contractor's personnel as the City's employee, as an independent contractor or indirectly through any other staffing firm or other third party prior to that particular personnel's completion of 720 work hours or within 180 days after the personnel's completion of an assignment for the City, the City must notify Contractor and either: (a) continue the personnel's assignment from Contractor until such time as that individual completes 720 hours through Contractor; or (b) pay Contractor a conversion fee in an amount derived from the following conversion formula: (720) - (number of hours the personnel has already worked for the City) x (1/2 of personnel's hourly wage).

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2. Reporting Requirements

a) Contractor must submit a monthly report of all personnel working or having worked for the City of Aztec that month to the Human Resources Department, on or before the 28th of every month, via email to Heather Bell at hbell@azecnm.gov

b) A report of random driver’s license checks verified through the motor vehicle department must be submitted to the City’s Human Resources Department, on or before the 28th of every month, via email to Heather Bell at hbell@aztecnm.gov. If requested, a copy of this report must also be submitted to the appropriate City department.

3. Payroll Requirements

a) The City reserves the right to determine and set the pay rate for the temporary personnel it hires.

b) Under no circumstances must the City be held responsible for handling any associated payroll costs and tax obligation including, but not limited to Federal income tax withholding, FICA, State income tax withholding, or unemployment compensation. The City must be responsible solely for their contractual obligation to the Contractor.

c) Contractor must reimburse City for any improper charges, which may result from fraudulent timecards prepared by Contractor's personnel, which have not been signed and approved by the City's authorized representative and are discovered within one

(1) year after payment by City.

d) Personnel furnished by the Contractor are not entitled to participate in any of the City's employment plans or benefits.

e) The City is a PERA affiliated public employer. The City does not endorse or approve any temporary employment practice designed to circumvent the applicable PERA statutes pertaining to affiliated retirees’ reemployment in the public sector to an affiliated public employer. Reference Section 10-11-8 of NMSA 1978.

f) The hourly rate for minimum wage positions may be increased if there is an increase in the Federal minimum wage. The amount of increase in the hourly bill rate must not exceed the amount of the increase in the pay rate to the temporary employee and must not exceed the amount of the increase in the minimum wage.