6-26RFP015 - Transcription Services - final.pdf

Last Update: 02/12/2025 COS RFP Template

ISSUING AGENCY – CITY OF SCOTTSDALE

FORMAL REQUEST FOR PROPOSAL

TRANSCRIPTION SERVICES

RFP – 26RFP015

CRITICAL DATES

PROPOSAL SUBMITTAL DUE: 2:00 P.M. LOCAL AZ TIME, WEDNESDAY, SEPTEMBER 3, 2025

QUESTIONS DUE: 2:00 P.M. LOCAL AZ TIME, TUESDAY, AUGUST 26, 2025

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 26RFP015 OPENING.

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:

Ray Valdez Bid & Contract Analyst rvaldez@scottsdaleaz.gov

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/l/meetup-join/19%3ameeting_ZmU1MmM4NWItZDk0YS00ZjM0LTljNzgtNWE5OGVmZmRhMmVh%40thread.v2/0?context=%7b%22Tid%22%3a%2210aebc46-34e8-45ee-a5e2-5756f4df0996%22%2c%22Oid%22%3a%229ecacca5-2b6f-4361-8081-22d05067ac9d%22%7d

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).

TABLE OF CONTENTS

SECTION 1 - INTRODUCTION

A. Intent B. Background

SECTION 2 – STATEMENT OF NEED

A. Specifications B. Contractor’s Qualifications C. Contractor’s Responsibilities D. City’s Responsibilities

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. Subcontractor List G. Bidder Questionnaire-Company Information H. Bidder Questionnaire – Similar Projects

SECTION 7 – ATTACHMENTS

A. Instructions to Bidders B. General Terms and Conditions

SECTION 8 - EXHIBITS

A. Referred Documents

SECTION 1 - INTRODUCTION

A. INTENT

The City of Scottsdale is seeking the services of certified court reporters to provide transcription services, in accordance with the City of Scottsdale Administrative Regulation 121 (AR 121) Legal Postings (attached as Exhibit A), and Arizona Revised Statutes (A.R.S.) 38-431.01 Open Meeting Law. Section 9.0 of AR 121 - Legal Postings provides Links to Supporting Documents. The Supporting Documents applicable to the work requested herein are provided as attachments.

B. BACKGROUND

The City currently requires transcription services on an as-needed basis for various City boards and commissions. The majority of the meetings are held at Scottsdale’s Civic Center Campus located at Indian School road and Drinkwater Boulevard. The meeting times vary and are often held after normal business hours of 8:00 A.M. to 5:00 P.M. local time. The meetings on average last approximately two and one half (2 ½) hours. Meeting day(s) of the week and time(s) are subject to change and there is no guarantee on the number of meetings that transcription services are needed for. Currently the Contract Administrator for these services or a designated City staff representative provides the Contractor(s) with any and all applicable schedules. In addition to routing meeting minutes, verbatim meeting minutes are occasionally requested. A listing of Boards, Commissions and Committees and their meeting locations, dates and times can be found online at Boards & Commissions | City of Scottsdale.

Over the past five years, the City spent an average of fifty-five thousand dollars ($55,000) for transcription services. The dollar figure provided is for informational purposes only. Actual monies spent will vary based on the needs of the City.

These figures are based on established meeting frequencies; however, boards, commissions and committees may choose to perform transcriptions internally and therefore would not use the service requested within this solicitation. Additionally, frequencies may vary due to meeting cancellations or additional meetings as determined by the appropriate board, commission or committee. Occasional routine study session meetings prior to the regularly scheduled are conducted and at times require minute taking. Periodic verbatim meeting transcriptions are necessary at times as well.

Study Session Example: Study sessions begin one (1) hour prior to each scheduled meeting (normally lasting one-half (½) hours). Transcription time allotted should be no more than one and one- half (1 ½) hours of chargeable time.

• Regular Board/Commission Meeting Minutes – Approximately one-hundred, fifty (150) per year, with an average transcription services time/meeting of six (6) hours.

• Study Sessions (Routine Minute Taking) – Approximately thirty (30) per year, with an average services time/ meeting of one and a half (1 ½) hours

• Verbatim Meeting Minutes – Approximately twenty (20) per year, with an average transcription time/meeting of one (1) hour.

https://www.scottsdaleaz.gov/boards https://www.scottsdaleaz.gov/boards

Typical Transcription Example: Typical transcription services for a board/committee/commission meeting:

Airport Advisory Commission: 6:00 P.M. local time at Scottsdale Airport Terminal Lobby, 2nd Wednesday of the month, three (3) hour meeting time plus six to nine (6-9) hours for transcription, typing and copies as well as half (½) hour setup/teardown time. Total time: 9.5 to 12.5 hours.

Some of the Boards and Commissions conduct routine Study Session meetings prior to the regularly scheduled meeting times that also requires minute taking.

SECTION 2 – STATEMENT OF NEED

A. SPECIFICATIONS

1. General Requirements

1.1 Prepare meeting minutes and agendas for scheduled public hearings of various City Boards and

Commissions. This includes any special meetings and routine study session meetings set by the various boards and commissions.

1.2 Prepare and supply audio recording to Contract Administrator or City staff representative. Access to the recording shall be available no later than 9:00 A.M. local time, on the third (3rd) working day following each meeting.

1.3 When requested, provide the completed marked agenda, via email, as requested by the City staff representative no later than 9:00 A.M. local time on the second (2nd) working day following the meeting. (The City staff representative shall have the option of electing to complete the marked agenda or have the Contractor complete the marked agenda.)

1.4 Provide the appropriate board or commission City staff representative an initial draft of the meeting minutes at minimum, as follows:

a. Meeting minutes shall be provided no later than 3:00 P.M. local time on the third (3rd) working day following each meeting unless otherwise directed by the City staff representative for a particular board or commission.

b. When the City staff representative finalizes approved board or commission minutes, that representative shall provide them to the Contractor via e-mail.

c. At times the City staff representative shall elect to have the Contractor manage all finalized minutes, the Contractor shall then provide the City staff representative with the finalized approved minutes no later than 5:00 P.M. the next business day following the meeting in which the minutes were approved.

1) City staff representative shall provide the draft final version of the minutes to the Contractor as submitted by City staff to the board or commission for approval.

2) The Contractor shall include any and all edits, corrections or changes suggested by the board or commission to the final version of minutes prior to submitting to the City staff representative.

3) The final version shall be submitted as FINAL MINUTES, as a true and exact version of the minutes approved by the board or commission.

4) This version, “FINAL MINUTES” shall be provided via e-mail to the City staff representative in the time frame stated herein.

Example of required time frame deadline:

An Airport Advisory Commission meeting ends Wednesday evening at 9:00 P.M. local time.

As a result, the transcript(s) would be due the following Friday at 9:00 A.M. local time.

COS RFP Template

Exception to this requirement is City recognized holidays immediately following the meeting date, if this were the case for this example, the transcripts would then be due on Monday 9:00 A.M. local time.

1.5 Transcribe the summary recordings of such meetings in a manner consistent with City standards and style as outlined in the City’s Administrative Regulation 121 (AR 121) Legal Postings, unless otherwise instructed by a specific board or commission. Contractor should consult with the appropriate City staff representative in order to obtain any special needs not listed within this scope applicable to the specific board or commission.

a. Contractor shall submit meeting transcriptions in summary form, via e-mail to the Contract

Administrator or designee.

b. On occasion, the verbatim transcripts may be requested to be provided, from an audio file provided by the City staff representative.

c. Either the Contract Administrator or the City staff representative shall notify the Contractor via e-mail when additional verbatim transcripts are needed.

2. Performance Requirements

2.1 All documents prepared in the performance of the awarded contract(s) shall:

a. Be sent to the appropriate board or commission City staff representative via e-mail or provided on a CD in a time frame(s) as identified here and in AR 121 – Legal Postings

b. All prepared documents shall remain the property of the City of Scottsdale.

c. The documents shall conform to the format outlined in the ensuing paragraphs of these specifications or as stated in the attached AR 121.

2.2 The awarded Contractor(s) shall proofread and prepare such transcriptions to assure accuracy of content and correctness of spelling, grammar and punctuation.

2.3 The awarded Contractor(s) shall be responsible for any or all corrections which, upon notification, shall be corrected and re-submitted to the City staff representative within twenty-four (24) hours from notification.

2.4 All work shall be performed in a business-like manner according to the best standards of the court reporting profession.

2.5 Contractor(s) is responsible to provide required staffing for attendance at all designated hearings.

2.6 The Contractor(s) shall maintain necessary staffing and equipment to accommodate the prompt and timely furnishing of satisfactory transcripts. A minimum of ninety-five percent (95%) on time delivery is expected. (Failure to meet this requirement may result in contract termination)

2.7 Awarded Contractor(s) shall maintain all books, tapes, CD’s, documents, accounting records and other evidence pertaining to time billed and costs incurred.

2.8 The awarded Contractor(s) shall grant the designated City staff representative and/or Contract

Administrator access to password protected audio recordings maintained on the Contractor’s website.

The City maintains the exclusive right to download, copy and distribute meeting audio recordings along with the exclusive right to charge appropriate fees for providing audio recordings to the public.

2.9 Awarded Contractor(s) shall make all materials (as listed above in 2.7 and 2.8) available to the

Contract Administrator or designated City staff representative at all reasonable times during the contract period.

3. Format Requirements

3.1 Transcripts shall be prepared on single-sided pages only: using white 8 ½” x 11”, #20 archival paper.

3.2 Transcripts shall be typed in black ink only with single spacing.

3.3 Font size shall be 11, utilizing Aptos font style

3.4 Transcript structure shall consist of one-inch (1”) margins on the top and bottom of each prepared page.

4. Pricing Requirements

4.1 Time shall be charged on an hourly basis, rounded up to the nearest quarter (¼) hour, for meeting attendance and transcription and allow for a maximum of one half (½) hour to set-up and/or breakdown equipment as chargeable time.

4.2 Transcription and typing time shall not exceed three (3) times the length of a meeting with actual meeting times of transcription services randomly monitored by the Contract Administrator or designee for comparison to billing data. The exception to this rule is valid when a verbatim transcription of the meeting is required.

4.3 All services shall be performed at the cost provided on the Pricing Proposal Form. No payments above the flat rates or hourly rates shall be made. No travel or mileage expenses shall be allowed.

Pricing shall be all inclusive.

5. Estimated Quantities

The actual service requests may be more or less, and any quantities listed herein should be used for informational purposes only. Actual purchases will vary based on the needs of the City of Scottsdale’s Department/Division. A current meeting frequency is attached as “Exhibit B”.

B. CONTRACTOR QUALIFICATIONS

1. All reporters working under the awarded contract(s) SHALL be certified as a “Certified Court Reporter” defined herein as ‘an individual who is certified by the board and who records and transcribes a verbatim record in any proceedings (sworn/unsworn) by means of written symbols or abbreviations in shorthand, machine writing or voice writing’.

2. At minimum the City of Scottsdale requires one (1) year of court reporting experience to prepare meeting minutes and agendas for scheduled public hearing of various City Boards and Commissions. This shall include any special meetings and routine study session meetings set by the various boards and commissions.

3. The Contractor shall be in compliance with all applicable Local, State, and Federal;

environmental, safety, codes and regulations throughout the term of this contract and any contract exercised contract extensions.

4. The Contractor may not subcontract any segment or services covered herein, without prior approval of the Contract Administrator. All subcontractors used under the scope of the contract shall meet all requirements, terms and conditions set forth herein. All subcontracted services shall be warranted by and be the responsibility of the Consultant.

C. CONTRACTOR’S RESPONSIBILITIES

1. The Contractor is encouraged to read the Solicitation documents very carefully, as the City shall not be responsible for errors and omissions on the part of the Contractor. The Contractor is also encouraged to carefully review their final submittal documents, as the Evaluation Committee is not required to make interpretations or correct detected errors in calculations.

2. Contractor shall familiarize themselves with the nature and extent of the solicitation and contract documents, work to be performed, all local conditions, and federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance of the work.

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

D. CITY’S RESPONSIBILITIES

1. The Contract Administrator for the resulting contract shall be the Community Services Office Manager.

2. The City of Scottsdale reserves the right to allow other City Departments to use this contract based on the City’s needs.

3. The City boards and commissions shall select a member of City staff designated to serve as a liaison to a public body, hereinafter referred to as the “City staff representative”.

4. The Contract Administrator or City staff representative shall notify the Contractor in writing, no less than twelve (12) hours prior to the start time of a special meeting, rescheduling of a meeting or cancellation of a meeting.

5. The City staff representative shall provide all meeting agendas in MSWord format to the awarded Contractor(s), no less than twelve (12) hours prior to the meeting start time.

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. DELAYS AND EXTENSIONS

During the course of this Contract, if deemed in the best interest of the City of Scottsdale, an extension of time may be granted. However, any time extension so granted shall not constitute or operate as a waiver by the City of Scottsdale of any of its rights herein.

9. FUEL SURCHARGES

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

10. INSURANCE REQUIREMENTS

Insurance Representations and Requirements

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

COS RFP Template

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.

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 Subcontractors If any work under this Contract is subcontracted in any way, Contractor must execute a written agreement with Subcontractor 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 Subcontractor 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

COS RFP Template 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:

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.

11. 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.

12. 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.

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 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. The second letter of non-compliance shall result in a deduction from the Contractor’s monthly bill per the Liquidated Damages clause of the Special Terms and Conditions as identified in the Statement of Need. 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.

All charges associated with this Contract MUST be shown on the Pricing Proposal Form returned by the Offeror or other supporting documentation. Any charges not listed on the Pricing Proposal Form or supporting documentation submitted with the Offeror’s proposal response shall not be allowed during the Contract period and any applicable extensions.

The Offeror is strongly encouraged to offer additional pricing for related items, products and services, which are not specifically addressed as line items in this solicitation but are directly related to the items and products requested by the City herein and offered by the Offeror.

Additional items, products and services proposed pricing should be noted on the Pricing Proposal Form or a separate attachment to Offeror’s submittal document.

17. 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.

18. 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.

The City reserves the right to perform background checks on the Contractor and their employees who will be conducting onsite activities and have direct contact with the City’s client

19. SINGLE AWARD

The City of Scottsdale reserves the right to award this solicitation as deemed in the best interest of the City. While multiple awards are possible, the preferred procedure is to make a single award as a result of this solicitation process.

20. SUBSTANCE ABUSE SCREENING & BACKGROUND CHECK REQUIREMENTS

Any and all employees, including all owners and officers of Contractors who perform work in City facilities, shall submit to and pass a criminal background investigation and substance abuse screening as outlined herein.

The Contractor shall provide the City of Scottsdale written certification that all employees of the Contractor, who will be performing work in City of Scottsdale facilities, have successfully completed and passed both a criminal background investigation and substance abuse screening prior to engaging in any work in any City of Scottsdale facility.

All employees of the Contractor shall abstain from the use of illegal drugs and/or alcohol, and the misuse of controlled substances while performing work in City of Scottsdale facilities. The Contractor shall be notified and required to immediately remove any employee that is suspected of being under the influence of a controlled substance while performing work in a City of Scottsdale facility. The employee removed under these circumstances may return to performing work in City of Scottsdale facilities only after it has been determined and verified by the City of Scottsdale, that the employee was not under the influence of a controlled substance at the time of the incident.

• Substance Abuse Screening

Contractor’s employees, prior to engaging in work in any City of Scottsdale facility, shall be required to submit to and successfully complete a substance abuse screening for illegal drugs and controlled substances that includes at least the following: Amphetamines, Barbiturates, Benzodiazepines, Cocaine, Marijuana, Methadone, Opiates, PCP, and Propoxyphene. The substance abuse screening shall be performed by a laboratory legally authorized to perform such screenings and any related cost will be at the sole expense of the Contractor.

• Criminal Background Investigation Contractor and/or Contractor’s employees, prior to engaging in work for or in any City of Scottsdale facility, shall be required to submit to and successfully complete a full state and local federal criminal background investigation. The Contractor (if the Contractor performs work individually) shall not perform any work and the Contractor shall not allow any employee to perform work for or in a City of Scottsdale facility, if it is determined through the background investigation that the person has a history of conviction or arrest involving crimes of violence against others, sex offense, theft, or the sale and/or use of illegal drugs. Any cost incurred by the Contractor as a result of performing background investigation on their employees shall be at the sole expense of the Contractor.

Following Contractor award, the Contractor shall provide the Contract Administrator with a list of the “routine” contract assigned employees and include their Legal Name (First/Last), Date of Birth and Social Security Number. The City will conduct an ACJIS background check and issue an ID Badge to each routine contract employee who successfully passes the City’s background clearance.

All background checks are required to be updated annually based on the issuance date of the City issued picture identification badge, such annual updates will be performed by the City at the City’s expense.

Further, Contractor agrees that City policy does not permit, and the Contractor shall not allow, any individual who meets any of the following criteria to have unescorted access to any area that is considered vital infrastructure or to have unsupervised contact with members of a vulnerable population (such as children, those with mental disabilities or the elderly):

List of Automatic Disqualifiers:

Pending criminal charges of any kind except for minor traffic offenses.

Active warrants of any kind.

Violent felony convictions within either the last 10 years after conviction or release from prison, whichever is longer.

Non-violent felony convictions within either the last 5 years after conviction or release from prison, which ever period is longer.

Affiliation, past or present, with a terrorist organization.

Current affiliation with an organized crime syndicate or street gang or past membership within the last 10 years.

City of Scottsdale Vital Infrastructures includes but is not limited to:

Public Safety Facilities Water Department Facilities Prosecutors’ Office City Courts City Hall

Any facility defined under A.R.S. 41-1801 - “Critical Infrastructure”, means systems and assets, whether physical or virtual, that are so vital to this state and the United States that the incapacity or destruction of these systems and assets would have a debilitating impact on security, economic security, public health or safety.

21. TERM OF AGREEMENT

The term of this Contract shall be for a one (1) year period from the effective date of the contract award.

The City and Contractor may mutually agree to extend this Contract for four (4) additional one (1) year periods, upon the recommendation of the Contract Administrator, concurrence of the Purchasing Director and/or City Council, depending on the Contract.

22. THIRD PARTY BENEFICIARY

Nothing under the Contract Documents will be construed to give any rights or benefits in the Contract Documents to anyone other than the City and the Consultant, and all duties and responsibilities undertaken in accordance with the Contract Documents will be for the sole and exclusive benefit of the City and the Consultant and not for the benefit of any other party.

23. VALUATION OF CONSULTANT’S PERFORMANCE

The Consultant will be evaluated regarding its performance of this Contract. This evaluation will include, but not be limited to, the following consideration for:

Completeness Accuracy Technical Expertise Organization Appearance of Plans (line work, lettering, etc.)

Working Relationship with City Staff and Others Availability Communication Skills (meetings, correspondence, etc.)

This evaluation will be prepared by the staff and used to evaluate the desirability to proceed with negotiations for additional services.

SECTION 4 – EVALUATION CRITERIA

A. EVALUATION CRITERIA

GENERAL

After receipt of all proposals, each submittal shall be screened to determine if any shall be deemed non-responsive. Unsigned proposals, incomplete proposals, non-conformance with mandatory requirements, etc., may result in the determination of non-responsive.

Subsequent to the initial review, all remaining proposals shall be reviewed by the Proposal Evaluation Committee.

PROPOSAL EVALUATION

All responsive proposals shall be evaluated by the Proposal Evaluation Committee using the criteria listed below. The recommendation for contract award will be made to the responsible Offeror whose proposal is determined to be the most advantageous to the City.

The following is the criteria that will be used to review the proposals:

DESCRIPTION

Firm and Staff Qualifications & Experience Key Personnel Qualifications & Resumes, Subcontractors Pricing Local Knowledge, Additional Information, Exceptions and References

The following items may be used by the Proposal Evaluation Committee to evaluate each proposal submitted:

1. Cost factors associated with performing the work required by the contract.

2. The Offeror’s demonstrated experience on similar types of projects, including satisfactory reference checks relating to past work relationships, past performance on projects of similar scope and size, level of knowledge, reliability, flexibility and ability to meet project deadlines.

3. The ability and willingness of the Offeror to meet or exceed the specifications and standards of this solicitation and Offeror’s understanding and perceived perception of the scope of work contained herein.

4. The content and quality of the Offeror’s proposal and other presentation materials.

Each proposal will be reviewed in entirety and assigned a score with respect to each of the criteria. The proposals will be ranked by the evaluation committee.

The evaluation committee may establish a short list of those proposals considered most advantageous to the City of Scottsdale.

Short-listed Offerors may be invited to make presentation. At the presentation, the evaluation committee will score each Offeror.

At the conclusion of all presentations, an overall ranking of proposals will be performed.

The City of Scottsdale intends to enter into negotiations with the top ranked Offeror determined to provide the most advantageous combination of product and services as determined by the proposal and presentation.

Should negotiations with the top ranked Offeror fail to reach a satisfactory conclusion, the City of Scottsdale may at is sole discretion enter into negotiations with the second ranked vendor, or the City of Scottsdale may determine that no further negotiations will be conducted.

SECTION 5 – SUBMITTAL PREPARATION REQUIREMENTS

All required documents shall be submitted electronically through the City of Scottsdale procurement portal at: City of Scottsdale, AZ (bonfirehub.com). Offerors are expected to download the solicitation documents from the Bonfire procurement portal at City of Scottsdale, AZ (bonfirehub.com). To prepare your electronic submission please do the following:

Review the solicitation document downloaded from the procurement portal and navigate to Section 5 – Submittal Preparation Requirements. This page is provided to give Offerors a list of the items that will be required to be submitted as a part of their official proposal. We have designated in the description of each item how Offerors are to respond:

• COS Form means there is a corresponding form that needs to be completed by the Offeror and saved as a PDF.

• If COS Form is not listed this means the Offeror shall prepare their information as detailed in Section 5 – Submittal…