CITY OF TUCSON

REQUEST FOR PROPOSAL

270143

FITNESS EQUIPMENT - NEW, PREVENTATIVE MAINTENANCE,

REPAIR AND ON-CALL SERVICES

Due Date: Thursday, October 15, 2026

City of Tucson

255 W Alameda St

Tucson, AZ 85701

Procurement portal https://secure.procurenow.com/portal/tucson-az

Public Portal https://secure.procurenow.com/portal/tucson-az/projects/290967

PUBLISH DATE: September 24, 2026 https://secure.procurenow.com/portal/%7Bproject.government.code%7D https://secure.procurenow.com/portal/%7Bproject.government.code%7D/projects/%7Bproject.id%7D https://secure.procurenow.com/portal/%7Bproject.government.code%7D/projects/%7Bproject.id%7D

CITY OF TUCSON REQUEST FOR PROPOSAL NO. 270143

BUSINESS SERVICES DEPARTMENT Page 2 of 40 SHARED SERVICES PROCUREMENT DIVISION RESPONSIBLE CONTRACT OFFICER: Sandra Alcorn

255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701 PH: (520) 837-4118

Attachments:

A - Offer and Acceptance J - Contractor Screening Request K - Tucson Fire Equipment List L - Parks and Recreation Equipment List M - TPD Equipment List

BUSINESS SERVICES DEPARTMENT Page 3 of 40

A. NOTICE

A.1. CITY OF TUCSON

NOTICE OF REQUEST FOR PROPOSAL NO 270143

TITLE: Fitness Equipment - New, Preventative Maintenance, Repair and On-Call Services

SUBMITTAL DUE DATE: Thursday, October 15, 2026 AT 2:00 P.M. LOCAL AZ TIME

PRE-SUBMITTAL MEETING DATE: Tuesday, October 6, 2026

TIME: 11:00 am LOCAL AZ TIME

LOCATION: Microsoft Teams meeting Join:

https://teams.microsoft.com/meet/220985746383535?p=bkmwXhOL8E19mRyd1b Meeting ID: 220 985 746 383 535 Passcode: Pt7Zo3JU Dial in by phone +1 213-293-2303,,879224583# United States, Los Angeles Phone conference ID: 879 224 583#

QUESTIONS SHALL BE DIRECTED TO: Sandra Alcorn

(520) 837-4118 sandra.alcorn@tucsonaz.gov

Posted Date: Thursday, September 24, 2026

Competitive sealed offers for the material or service specified in this solicitation must be submitted through the City’s online bidding system. No late submitted offer will be accepted or considered.

Reponses submitted in physical form or by facsimile or email will not be considered. Offerors are cautioned to commence the submittal process sufficiently ahead of time to allow for unanticipated delays resulting from things like a slow internet connection, internet outage, difficulty uploading large documents, differing system requirements, etc.

Questions about this solicitation must be addressed to the responsible Contract Officer listed herein.

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B. INTRODUCTION

B.1. Summary

The City of Tucson is seeking proposals from qualified fitness equipment service providers to provide new equipment, preventative maintenance services and on-call as-needed repair service for various brands of commercial fitness equipment for multiple locations within the City of Tucson’s Parks and Recreation, Police, and Fire Departments.

B.2. Background

The City’s inventory of commercial fitness equipment to be serviced is comprised of multiple manufacturers’ strength training and cardio equipment such as strength training stations, recumbent and upright bikes, ellipticals, stairclimbers and treadmills. Manufacturers include Magnum Fitness, Paramount, Sports Art, Concept 2, Keiser, Noramco, Precor, Nautalis, Sci Fit, Gibson and Atlantis, and other manufacturers as listed on attached equipment lists.

B.3. Contact Information

Sandra Alcorn Principal Contract Officer Email: sandra.alcorn@tucsonaz.gov Phone: (520) 837-4118 Department:

Parks and Recreation

B.4. Timeline mailto:sandra.alcorn@tucsonaz.gov tel:(520)837-4118

BUSINESS SERVICES DEPARTMENT Page 5 of 40

Issue Date September 24, 2026

Pre-Submittal Meeting (Non- Mandatory)

October 6, 2026, 11:00am

Microsoft Teams meeting Join:

https://teams.microsoft.com/meet/2209857 46383535?p=bkmwXhOL8E19mRyd1b Meeting ID: 220 985 746 383 535 Passcode: Pt7Zo3JU

Dial in by phone +1 213-293-2303,,879224583# United States, Los Angeles Phone conference ID: 879 224 583#

Question Submission Deadline October 8, 2026, 4:00pm

Submittal Due Date October 15, 2026, 2:00pm https://teams.microsoft.com/meet/220985746383535?p=bkmwXhOL8E19mRyd1b https://teams.microsoft.com/meet/220985746383535?p=bkmwXhOL8E19mRyd1b

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C. SCOPE OF WORK

C.1. General Requirements

1. WARRANTY: Offeror shall fully and unconditionally guarantee all work performed and delivered under this contract including, but not limited to labor, parts, and materials, for a period of one year, or in the case of parts and materials, for the length of the manufacturers’ standard warranty, whichever is longer. The warranty period shall commence at the date and time the City accepts the work as complete and satisfactory. Contractor shall guarantee all work under this contract against defects of materials and/or workmanship for a period of one (1) year from the completion date. Warranty shall also guarantee accepted trade standards of quality, fitness for the intended uses, and conformance to promises or specified specifications. No other express or implied warranty shall eliminate the vendor’s liability as stated herein.

2. WORKMANSHIP: The Contractor agrees that all work shall be done by skilled and experienced technicians and shall be done in a first-class and workmanlike manner.

C.2. Product Requirements

1. INVENTORY: Contractor shall maintain a sufficient stock of parts and supplies or shall have access to a parts source to ensure minimum equipment repair time.

2. REPAIR PARTS: Contractor shall provide quality new OEM repair parts where available, unless the City’s Contract Representative agrees to the repair with after market parts. Defective parts shall be replaced and exchanged by the Contractor at no additional cost to the City. Contractor shall provide a “List Price” page, to include discounted pricing, of commonly purchased parts based upon the listed City equipment.

C.3. Service Requirements

1. CONTRACTOR SHALL:

a. Provide service technicians with identification badges and uniforms. These tags and uniforms shall be worn at all times while performing service under this contract and shall include the company name and the first and last name of the employee.

b. Furnish all necessary parts, labor, vehicles and equipment for diagnostics and repair of fitness equipment. All units shall be maintained in accordance with maintenance procedures prescribed by the equipment manufacturer.

c. Designate at least one individual to act in a management capacity. The individual(s) shall be responsible for, and have authority to act in overseeing and supervising Contractor employees and workers, be available at the request of the City to inspect and discuss work, to resolve performance issues, and to provide technical advice, consultation, or input as requested by the City.

d. Contractor shall ensure that all Contractor employees and personnel conduct themselves in a professional manner, and maintain positive, open, respectful, and constructive communication with the Contract Representative, other City staff, members of the public.

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e. Contractor shall ensure that all Contractor employees and personnel, while working at City buildings and sites, or otherwise engaged in performing work for the City, are not under the influence of alcohol, drugs or other intoxicants, do not engage in any illegal activities, and are not in possession of weapons.

f. Contractor shall remove immediately and permanently from assignment to this contract any Contractor employee who is determined by the Contract Representative to be incompetent, abusive, disorderly, disruptive, uncooperative, intoxicated, in possession of or under the influence of any illegal substance, in possession of weapons, firearms, explosives, or dangerous substances, or is otherwise determined to be generally ineffective. The Contract Representative will rely on his or her own observations of the employee’s work performance, work products, or resulting system performance, and the input of other City employees or citizens in making a determination. The City reserves the right to have a contractor employee removed at the City’s sole discretion.

g. The Contractor shall utilize only individuals to work on this contract who have successfully completed a background investigation conducted by the Tucson Police Department. The Contractor shall submit the names of individuals the Contractor intends to perform work to the Contract Representative on the attached Contractor Screening Request form. Individuals shall not perform work until the Contract Representative notifies the Contractor of successful completion of the background investigation. The Contract Representative will notify the Contractor of the results of the background investigation as either ‘Pass’ or ‘Fail’ in writing or via email. No other information will be provided. The Contractor shall not assign work to individuals who have failed the criminal background investigation. Personnel may begin work only after the background investigation is completed and the Contract Representative has notified the Contractor. Criminal background investigations are conducted at no cost to the Contractor.

2. PREVENTATIVE MAINTENANCE SERVICE:

a. Contractor shall perform preventative maintenance service to all fitness equipment per the frequency listed in the attachments. Each Department Representative shall determine a maintenance schedule.

All Preventative Maintenance (PM) shall be conducted Monday–Friday during the hours of 9:00 am to 3:00 pm, as these are hours with least amount of public use.

b. Upon completion of each PM service, contractor must furnish the Contract Representative, or his/her designee, with a completed detailed task sheet and invoice. The task sheet must confirm all the work in the PM was completed and list any recommended repairs. Repair work will only be performed after Contract Representative has provided approval. Approved repair work shall be billed in accordance with the On-Call hourly rate and parts discount rate quoted in the Price Page.

c. Contractor will be required to submit a PM schedule for each location per the frequency identified in the department attachments. Each Contract Representative, or his/her designee, must review and approve the schedule prior to any work being performed. Contractor will be required to perform PM in accordance with the approved schedule. The Contract Representative, or his/her designee, must approve any requested changes to the PM schedule.

3. ON-CALL AS-NEEDED SERVICE:

a. Contractor shall respond by phone to any service calls within 24 hours and be required to be at the repair site within 48 hours of initial call for service. In the event the awarded contractor is not onsite within 48 hours, the City reserves the right to contact another contractor for service.

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b. Any required parts not in stock must be ordered next day delivery. The contractor shall absorb any costs associated with next day delivery service. In the event of a delay in receiving parts from the manufacturer or parts supplier, the contractor must provide written documentation from the manufacturer or parts supplier as to the reason of the delay and an estimated time of when parts will be shipped.

c. A written cost estimate must be provided and approved by the Contract Representative or his/her designee prior to any work being performed.

d. The City reserves the right to contact the vendor of purchase for repair work to any equipment still under factory warranty.

e. A copy of the invoice must be submitted to the individual taking receipt of any repaired equipment.

The invoice must show the machine manufacturer/model number, serial number, City of Tucson property tag number, location, nature of the repair and parts replaced, if any. The signature and employee number of the individual who received the repaired item must be on the invoice.

4. NEW EQUIPMENT PURCHASE

The City of Tucson Parks and Recreation Department is seeking to purchase new and/or quality used commercial-grade fitness equipment to add to and replace existing equipment within Recreation Center weight and fitness rooms. The equipment shall be durable, safe, user-friendly, and suitable for high-volume public recreation use.

The equipment offered should provide a balanced variety of strength and cardiovascular equipment designed to accommodate all major muscle groups and a range of fitness levels and abilities.

Equipment may include, but is not limited to, strength machines, functional training equipment, treadmills, ellipticals, stationary bikes, and stretching/flexibility equipment.

The selected vendor shall provide equipment that meets applicable commercial safety standards and includes delivery, assembly, installation, and removal of replaced equipment when applicable. Vendors should provide product specifications, warranty information, available service and maintenance options, and estimated delivery timelines.

Pricing shall reflect a minimum discount of 15% from the manufacturer's current published retail/catalog pricing for equipment purchased under the contract. The City reserves the right to purchase individual pieces or groups of equipment based on available funding, facility needs, equipment condition, and operational priorities.

The City may evaluate equipment based on quality, durability, functionality, warranty coverage, service support, availability, delivery time, and overall value in addition to purchase price.

BUSINESS SERVICES DEPARTMENT Page 9 of 40

D. INSTRUCTIONS TO OFFERORS

D.1. DEFINITION OF KEY WORDS USED IN THE SOLICITATION

For purposes of this solicitation and any subsequent contract, the following terms have the meanings set forth below:

City:The City of Tucson, Arizona

Contract:The legal agreement(s) executed between City and the Successful Offeror(s). The Contract will be deemed to include all the conditions and requirements set forth in this solicitation and any Addenda to the solicitation, all the Special Terms and Conditions and Standard Terms and Conditions, and all the terms of the Offer submitted by Offeror as finally negotiated and accepted by the City.

Contractor/Consultant:A Successful Offeror that enters into a Contract with the City.

Contract Representative:The City employee or employees who have been designated to act as the City contact for this solicitation process and who are responsible for monitoring and overseeing the Contractor's performance under the Contract.

Business Services Director:The contracting authority for the City, authorized to sign contracts and addenda thereto on behalf of the City.

May: Indicates something that is not mandatory but permissible.

May not:The indicated party is prohibited from taking the action.

Must: The action or condition is required.

Offer:Any proposal, statement of qualifications, bid, or other submission provided by an Offeror in response to this Solicitation.

Offeror: Each individual or entity that submits an Offer in response to this solicitation.

Successful Offeror: An Offeror who received a Notice of Award or a Notice of Intent to Award from the City.

Will:The indicated party is promising to take the action or abide by the condition.

D.2. PRE-SUBMITTAL MEETING

A Pre-Submittal Meeting will be held at the date and time stated on the cover page of this solicitation, if such a date and time is provided. Attendance at this meeting is not mandatory, but written minutes and/or notes regarding the meeting will NOT be provided, so attendance is encouraged. The purpose of this meeting will be to clarify the contents of this solicitation in order to prevent any misunderstanding of the City's position.

D.3. INQUIRIES

Any questions about this solicitation or the proposed Contract must be presented at the Pre-Submittal Meeting, if there is one (see above), or submitted in writing, via email, or through the online bidding system, to the Contract Officer by the Question Submission Deadline. The email must refer to the solicitation number and the paragraph number of the provision that the question concerns. The Contract

BUSINESS SERVICES DEPARTMENT Page 10 of 40

Officer may respond by email or may, if they deem it appropriate, address the question in a solicitation addendum or response through the question and answer portal in the online bidding system. Offeror may not rely on oral interpretations or clarifications about the solicitation; only questions answered in an email by the Contract Officer, posted through the online bidding system, or posted as a formal solicitation addendum will be binding.

D.4. ADDENDUM OF SOLICITATION

Solicitation Addenda will be posted on the City’s link to the online bidding website. Offeror is responsible for checking the webpage regularly for new solicitation addenda and must acknowledge each addendum to this solicitation in its submittal. Please note that vendors who have registered with the Business Services Department at https://procurement.opengov.com/portal/tucson-az and follow the City of Tucson will receive email notifications of solicitation addenda.

D.5. UNDERSTANDING SCOPE OF WORK

Before submitting an Offer to this solicitation, Offeror must familiarize itself with the Scope of Work, laws, regulations, physical conditions, and other factors affecting the obligations – including the expense and difficulty of fulfilling those obligations – that Offeror will have under the Contract if awarded to Offeror. No adjustment to the financial or other terms of the Contract will be justified by Offeror’s failure to fully understand or appreciate the Contract requirements or other factors affecting Contract performance.

D.6. PREPARATION OF OFFER

A. Form and Organization. If Offer forms are included in this Solicitation, Offeror’s Submittal must be on those forms. Supporting documentation must be arranged in a manner that follows and clearly refers to corresponding sections of the solicitation. Offeror may copy the submittal forms in order to complete them electronically but may not alter or rearrange them or change any paragraph designations.

B. Confidential Information. Any information in its submittal that Offeror wishes to be treated as confidential must be clearly marked “CONFIDENTIAL.”

C. Offer Contents. Offeror’s submittal must contain responses to all sections of this solicitation, any Offer forms provided must be completed and any requested supporting documentation must be attached.

D. Signatures. Offeror must include in their submittal signed copies of the Offer and Acceptance page. Any cover letter accompanying the proposal documents must be signed. Offeror must initial each erasure, interlineation or other modification in the submittal. The person signing and initialing on behalf of Offeror must be a person authorized to legally bind Offeror.

E. Prices. Where a unit price is provided it will govern over any erroneous extension of the price.

F. Time Periods. Periods of time, stated as a number of days, will be calendar days unless specifically stated otherwise.

G. Accuracy. Mistakes in preparation of its submittal confers on Offeror no right to modify or withdraw its submittal after the Submittal Deadline.

H. Cost of Preparation. The City will not reimburse Offeror for the cost of developing, presenting, submitting or providing any response to this solicitation.

https://procurement.opengov.com/portal/tucson-az

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I. Subcontractors. Offeror must, in their submittal, list any subcontractors that it will utilize in the performance of the Contract if they are awarded the Contract and must describe their qualifications in detail.

J. Incomplete Information. Failure to include all requested information may have a negative impact on the evaluation of Offeror’s submittal.

D.7. PAYMENT DISCOUNTS

Payment discount periods shall be computed from the date of receipt of the material/service or correct invoice, whichever is later, to the date City’s payment warrant is mailed. Unless freight and other charges are itemized, any discount provided shall be taken on full amount of invoice. Payment discounts of twenty-one calendar days or more shall be deducted from the proposed price in determining the price points. However, the City shall be entitled to take advantage of any payment discount offered by a vendor provided payment is made within the discount period. The payment discount shall apply to all purchases and to all payment methods.

D.8. TAXES

The City is exempt from federal excise tax, including the federal transportation tax, but is not exempt from any other taxes, including state and local sales and excise taxes.

D.9. EXCEPTIONS TO CONTRACT PROVISIONS

By submitting an offer in response to this solicitation, Offeror is offering to enter into the Contract with the City. If Offeror wishes to modify any Contract terms and conditions, Offeror must, in its Offer, clearly identify the changes it is requesting. No requested modification will be deemed accepted by the City unless and until the City’s Business Services Director or their designee expressly accepts it in writing.

D.10. PUBLIC RECORD

Any documents submitted by Offeror in response to this solicitation will become the property of the City.

Except as set forth below with respect to Confidential Information, the Submittal will be deemed to be a public record available for review by the public after the award notification.

D.11. CONFIDENTIAL INFORMATION

The City is obligated to abide by the Arizona Public Records Law, A.R.S. §§ 39-101 through 39-161. If Offeror believes that any portion of its Offer, specification, protest or correspondence contains information that is confidential and subject to being withheld from disclosure in the event that the City receives a public records request to which the record is responsive, Offeror must, when the record is submitted, provide the Contract Officer written notification of that fact. The records or portions of records that Offeror wishes to be treated as confidential must also be clearly marked “CONFIDENTIAL” on their face. Pricing will not be treated as confidential.

If the City, after award notification, receives a public-records request the scope of which includes a document submitted by Offeror and marked "CONFIDENTIAL", the Contract Officer will make a written determination regarding whether the document will be provided to the requestor. If the Contract Officer determines that the document should be released, City will notify Offeror in writing. Unless Offeror, BUSINESS SERVICES DEPARTMENT Page 12 of 40 within 10 days after the date of that notice, obtains and provides to City an order from a court of competent jurisdiction prohibiting the City from releasing the documents, the City may release the documents without any liability to Offeror.

D.12. WHEN AND HOW TO SUBMIT OFFERS

In order to be considered, Offeror must, no later than the Offer Submittal Deadline, submit its Offer electronically through the City’s online bidding system:

https://procurement.opengov.com/portal/tucson-az

NOTE: THE ENTIRE OFFER MUST BE IN "“SUBMITTED"” STATUS IN THE CITY’S ONLINE

BIDDING SYSTEM IN ORDER TO BE CONSIDERED. RESPONSES THAT HAVE BEEN CREATED

IN THE SYSTEM, BUT THAT ARE NOT IN "“SUBMITTED"” STATUS BY THE OFFER SUBMITTAL

DEADLINE WILL NOT BE CONSIDERED.

D.13. CERTIFICATION OF NONCOLLUSION; CONFLICTS OF INTEREST

Offeror will not communicate, orally or in writing, with any member of the Mayor and Council, or with any City staff outside the Procurement Division of the Business Services Department, regarding this Solicitation. By submitting an Offer, Offeror warrants that:

A. Preparation and submission of the submittal did not involve collusion or other anti-competitive practices.

B. Offeror has not given, offered to give, nor intends to give at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, meal or service to a public servant in connection with this solicitation.

C. No person has been employed or retained to solicit or secure a Contract under this solicitation upon a promise of a commission, percentage, brokerage, or contingent fee.

D. No employee of the City involved in this Solicitation process, or any family member of such an employee, has any substantial financial interest in Offeror’s firm. No member of the City of Tucson Mayor and Council who has, or whose family member has, any substantial financial interest in Offeror’s firm will participate in any action taken by the Mayor and Council with respect to this Contract. The terms “relative” and “substantial interest” have the meanings assigned in A.R.S. § 38-502

The City may disqualify Offeror from further participation in the solicitation process if the City determines that any City employee or official involved in this Solicitation process has an actual or apparent conflict of interest or if Offeror has engaged in any collusion or anti-competitive practices.

D.14. WITHDRAWAL OF OFFER; BINDING OFFER

By submitting an Offer in response to this Solicitation, Offeror is offering to enter into the Contract with the City. Offeror may withdraw a submitted Offer at any time prior to the Offer Submittal Deadline.

Telephonic or oral withdrawals are not effective.

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Offeror cannot withdraw an Offer that is in “submitted” status as of the Offer Submittal Deadline unless the Director of the Business Services Department consents in writing to the withdrawal. The Offer will be irrevocable for 90 days after the Offer Submittal Deadline.

D.15. DISCUSSIONS

The City may, at its discretion, conduct discussions with Offeror for the purpose of eliminating minor irregularities, informalities, or apparent clerical mistakes in Offeror’s submittal in order to clarify the offer and assure full understanding of, and responsiveness to, solicitation requirements.

D.16. VENDOR REGISTRATION; BUSINESS LICENSE

In order to be eligible for award of a Contract, Offeror must:

A. Register with the City’s Business Services Department. Registration can be completed at https://procurement.opengov.com/portal/tucson-az

B. Obtain a City of Tucson Business License or a written determination from the City's Business License Section that a license is not required. For questions contact the City's Business License Section at

(520) 791-4566 or email at license@tucsonaz.gov mailto:license@tucsonaz.gov

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E. OFFER EVALUATION AND CONTRACT AWARD

E.1. PROPOSAL EVALUATION CRITERIA – (listed in relative order of importance)

A. Price Proposal B. Qualifications & Experience C. Method of Approach

E.2. INTERVIEWS

The City may interview some or all of the offerors at any point during the evaluation process. If interviews are conducted, information provided during the interview process will be taken into consideration in the evaluation process. The City will not reimburse the Offeror for any costs Offeror incurs during its participation in the interview process.

E.3. ADDITIONAL INVESTIGATIONS

The City may undertake any additional investigations it deems appropriate to evaluate the competence and financial stability of any offeror.

E.4. OTHER INFORMATION

Information that evaluation committee members have about an offeror beyond what is provided in the offeror’s Offer may be taken into consideration during the evaluation process.

E.5. PRICE

A. Tax Offset Policy. If applicable under Section 28-18(6) or Section 28-17(7)(d) of the Tucson Procurement Code, the City will include the amount of all business privilege taxes other than the City’s in evaluating the pricing component of each Offer.

B. Payment Discounts. Any discounts offered by Offeror for payments made within 21 calendar days or more will be deducted from the proposed price in evaluating an offeror’s pricing.

However, the City may take advantage of any early- or timely-payment discounts offered by a vendor. Any proposed payment discount will apply to all purchases and to all payment methods

E.6. CITY’S RIGHT TO WAIVE DEFECTS OR REJECT OFFERS

Notwithstanding any other provision of this solicitation, the City may:

A. Waive any immaterial defect or informality; or B. Reject any or all submittals, or portions thereof; or C. Reissue the solicitation.

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E.7. CONTRACT NEGOTIATIONS

At the City’s discretion, it may negotiate with one or more responsible offerors to agree upon the final conditions, terms and price of the Contract. In doing so, the City will treat offerors fairly and will not disclose to any offeror information from responses submitted by other offerors. Exclusive or concurrent negotiations do not constitute a contract award and do not confer any rights to the offerors participating in such negotiations. In the event the City deems that negotiations are not progressing, the City may formally terminate these negotiations and may enter into concurrent or exclusive negotiations with the next most qualified firm(s).

E.8. AWARD OF CONTRACT

A Contract is created when, and only when, it is formally awarded, which occurs when the Business Services Director and the City Attorney sign the Offer and Acceptance page of the Successful Offeror’s submittal. When a Contract is awarded, the City will send the Contractor a Notice of Award.

The City may first issue a Notice of Intent to Award to the Successful Offeror(s). Offeror, if it receives a Notice of Intent to Award from the City, must sign and file with the City, within ten (10) days after receipt of the Notice, all documents necessary for execution of the Contract. A Notice of Intent to Award does not create a contract. Only a subsequent formal award, as described above, creates a Contract.

E.9. MULTIPLE AWARDS

The City, at its sole discretion, may award multiple Contracts.

E.10. SUBMITTAL RESULTS

After the City issues a Notice of Award, the City will post the name(s) of the Successful Offeror(s) on the Business Services Department’s Internet site at https://procurement.opengov.com/portalucson-az/contracts

E.11. PROTESTS

Any interested party, may, in accordance with Article IX of the Tucson Procurement Code, protest either this solicitation or the award of a Contract under this solicitation. A protest based on alleged improprieties in this solicitation must be filed no later than five (5) working days before the Proposal Submittal Deadline. A protest of a proposed or actual award must be filed no later than ten (10) calendar days after the City issues a Notice of Intent to Award or, if no Notice of Intent to Award is issued, after the City issues a Notice of Award.

A protest must be made in writing and filed with the Contract Officer. It must include:

A. The name, address, and telephone number of the protestant;

B. The signature of the protestant or its representative;

C. The solicitation or Contract number;

D. A detailed statement of the legal and factual grounds for the protest along with copies of all relevant documents; and E. The form of relief requested.

https://procurement.opengov.com/portalucson-az/contracts https://procurement.opengov.com/portalucson-az/contracts

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F. EVALUATION CRITERIA

No. Evaluation Criteria Scoring Method Weight (Points)

1. Price Proposal Provide price proposal as requested on the pricing tables provided.

N/A N/A

2. Qualifications and Experience

1. Provide a brief history and description of your company. Include proof that you currently provide maintenance and repairs of commercial fitness equipment. Submit documentation if your company is an authorized manufacturer’s representative for repairs and maintenance.

2. Provide the addresses of the business locations of your company. Which location(s) will be assigned to serve the City of Tucson?

3. Provide the total number of service technicians employed by your firm. Provide the number of service technicians that will serve the City of Tucson.

4. Describe the qualifications of your service technicians. Provide proof of technical certifications for all employees performing maintenance and repairs on this contract throughout the term of the contract.

5. Provide a listing of key personnel who may be assigned to the City’s contract.

Include their title within your organization and the description of the type of work they may perform. Please identify an executive corporate sponsor who will be responsible for the overall management of the awarded Master Agreement.

6. Provide a minimum of three references for which you have provided similar products and services. References from other public agencies, particularly municipal governments, are preferred. Please include company name, address, phone, email, and contact person.

7. Please submit any additional information that you feel is applicable to evaluating your qualifications and experience.

N/A N/A

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3. Method of Approach

1. Confirm your agreement to the Warranty and Workmanship requirements contained in the General Requirements section of the Scope of Work of this solicitation.

2. Provide a detailed written response illustrating how your offer will meet the Product Requirements contained in the Scope of Work of this solicitation.

a. Submit any additional information that you feel is applicable to the Product Requirements section.

3. Provide a detailed written response illustrating how your offer will meet the Service Requirements contained in the Scope of Work of this solicitation.

a. Submit your detailed PM Program for each department and its location that your offer covers.

b. Submit your detailed PM checklist.

c. Submit any additional information that you feel is applicable to the Service Requirements section of this solicitation.

N/A N/A

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G. PRICING

GROUP 1 - PARKS AND RECREATION CENTERS

Preventative Maintenance Services

Line Item Parks and Recreation Center

Quantity Service Frequency

Schedule Service

Day

Unit Cost Total

1 Armory 1 Quarterly

2 El Pueblo 1 Quarterly

3 El Rio 1 Quarterly

4 Fred Archer 1 Quarterly

5 Freedom 1 Quarterly

6 Morris K Udall 1 Quarterly

7 Cherry Recreation Center

1 Quarterly

8 Quincy Douglas 1 Quarterly

9 Randolph 1 Quarterly

10 Santa Rosa 1 Quarterly

11 William Clements 1 Quarterly

12 Donna Liggins 1 Quarterly

TOTAL

GROUP 2 - TUCSON POLICE STATIONS

Preventative Maintenance Services

Line Item Substation Quantity Service Frequency

Schedule Service

Day

Unit Cost Total

13 Headquarters 1 Quarterly

14 Rillito Substation 1 Quarterly

15 Midtown Substation 1 Quarterly

16 EPIC 1 Quarterly

17 Rincon Substation 1 Quarterly

BUSINESS SERVICES DEPARTMENT Page 19 of 40

Line Item Substation Quantity Service Frequency

Schedule Service

Day

Unit Cost Total

18 Santa Cruz Substation

1 Quarterly

19 PSTA 1 Quarterly

GROUP 3 - TUCSON FIRE STATIONS

Preventative Maintenance Services

Line Item TFD Station Quantity Service Frequency

Schedule Service

Day

Unit Cost Total

Battalion One

20 Station One 1 Every 4 months

21 Station Three 1 Every 4

22 Station Four 1 Every 4

23 Station Eight 1 Every 4

24 Station Fifteen 1 Every 4

25 Station Twenty 1 Every 4

Battalion Two

26 Station Five 1 Every 4

27 Station Seven 1 Every 4

28 Station Eleven 1 Every 4

29 Station Sixteen 1 Every 4

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Line Item TFD Station Quantity Service Frequency

Schedule Service

Day

Unit Cost Total

30 Station Twenty-One 1 Every 4

Battalion Three

31 Station Nine 1 Every 4

32 Station Twelve 1 Every 4

33 Station Thirteen 1 Every 4

34 Station Seventeen 1 Every 4

35 Station Nineteen 1 Every 4

Battalion Four

36 Station Six 1 Every 4

37 Station Fourteen 1 Every 4

38 Station Eighteen 1 Every 4

39 Station Twenty-two 1 Every 4

40 Station Command Center

1 Every 4

GROUP 4 - PREVENTATIVE MAINTENANCE

Cost to add additional equipment to preventative maintenance

Line Item Description Unit of Measure

Unit Cost

41 Treadmill each

42 Recumbent Bike each

BUSINESS SERVICES DEPARTMENT Page 21 of 40

Line Item Description Unit of Measure

Unit Cost

43 Upright Bike each

44 Elliptical each

45 Dual Function Strength Machine each

46 Multi-Station Strength Machine each

GROUP 5 - ON-CALL SERVICE FEES

Line Item Description Unit of Measure

Unit Cost

47 Labor Rate Hour

48 Trip Charge Trip

GROUP 6 - PARTS

Discount on parts

Line Item Description Unit of Measure

Percentage

49 Discount off List price for OEM Parts Discount %

50 Discount off List Price for Aftermarket Parts Discount %

GROUP 7 - NEW EQUIPMENT

Line Item Equipment Type Unit of Measure

Manufacturer MSRP Discount

51 Abdominal Each

52 Arm Pedal Each

53 Assisted Dip Each

54 Biceps Each

55 Calf Raise Each

56 Chest Press/Fly Each

57 Elliptical Each

58 Hip Abductor Each

59 Inner/Outter Thigh Press Each

BUSINESS SERVICES DEPARTMENT Page 22 of 40

Line Item Equipment Type Unit of Measure

Manufacturer MSRP Discount

60 Lat Row Each

61 Leg Curl/Extension Each

62 Leg Press Each

63 Life Rower Each

64 Low Back Abs Each

65 Multiuse Gym Each

66 Rotary Lat Pull Down Each

67 Rotary Seated Row Each

68 Should Press Each

69 Smith Machine Each

70 Stair Master/Stepper Each

71 Stationary Bike - Recumbent Each

72 Stationary Bike - Upright Each

73 Stretch Trainer Each

74 Treadmill Each

75 Triceps Each

BUSINESS SERVICES DEPARTMENT Page 23 of 40

H. SPECIAL TERMS AND CONDITIONS

H.1. COOPERATIVE PURCHASING

Contractor will, when requested, provide goods and services at the same prices and under the same terms and conditions as set forth in this Contract to any public or nonprofit agency that, at the time of request, has a Cooperative Purchasing Agreement with the City or participates in the Strategic Alliance for Volume Expenditures (SAVE) cooperative. See http://www.tucsonprocurement.com/coop_partners.aspx and click on “Cooperatives” for a list of agencies that have Cooperative Purchasing Agreements with the City; see http://www.mesaaz.gov/home/showdocument?id=23638 for a list of agencies participating in SAVE.

These lists are subject to change. Contractor may, however, charge an agency that is outside the Tucson Metropolitan Area for additional out-of-pocket expenses that will be incurred by Contractor in providing goods and services to the agency (i.e., freight charges, travel related expenses, etc.).

Each participating agency that orders goods or services under this Contract as provided above is solely responsible for paying Contractor for those goods and services. The City is not responsible for any disputes arising out of transactions made by others.

H.2. LIVING WAGE REQUIREMENTS

Contractor will comply with all applicable provisions of the City’s Living Wage Ordinance (Article XIV of the Tucson Procurement Code). Contractor will, upon request, affirm in writing that Contractor is in compliance and will provide City with information and documentation demonstrating that compliance.

The City’s Living Wage ordinance can be found at the following link:

https://codelibrary.amlegal.com/codes/tucson/latest/tucson_az/0-0-0-21930 The Living Wage rates for the current calendar year can be found at the following link: https://www.tucsonaz.gov/Departments/Business-Services-Department/Procurement/Living- Wage

H.3. PRICE ADJUSTMENT

At least 90 days before the date that the Contract is eligible for extension, Contractor may submit to the Contract Officer a request for price adjustments based on documented increased Contractor costs and the City may, at its discretion, make price adjustments, which will apply during the extension term.

H.4. SUBSTITUTE ITEMS

In the event that a product or model provided under the contract is discontinued by the manufacturer, the City at its sole discretion may allow the Contractor to provide a substitute for the discontinued item.

The Contractor shall request permission to substitute a new product or model and provide the following:

• A formal announcement from the manufacturer that the product or model has been discontinued.

• Documentation from the manufacturer that names the replacement product or model.

http://www.tucsonprocurement.com/coop_partners.aspx http://www.mesaaz.gov/home/showdocument?id=23638 https://codelibrary.amlegal.com/codes/tucson/latest/tucson_az/0-0-0-21930 https://www.tucsonaz.gov/Departments/Business-Services-Department/Procurement/Living-Wage https://www.tucsonaz.gov/Departments/Business-Services-Department/Procurement/Living-Wage

BUSINESS SERVICES DEPARTMENT Page 24 of 40

• Documentation that provides clear and convincing evidence that the replacement meets or exceeds all specifications required by the original solicitation.

• Documentation that provides clear and convincing evidence that the replacement will be compatible with all the functions or uses of the discontinued product or model.

• Documentation confirming that the price for the replacement is the same as or less than the discontinued model.

H.5. TERM AND RENEWAL

The term of the Contract will commence when awarded to Contractor and remain in effect for a period of one (1) year, unless terminated, canceled or extended as otherwise provided herein. The City may, at its sole option, extend the Contract's term for up to four (4) additional one-year periods or portions thereof.

BUSINESS SERVICES DEPARTMENT Page 25 of 40

I. INSURANCE REQUIREMENTS

I.1. REQUIRED INSURANCE POLICIES

Contractor will obtain and maintain during the entire term of this Contract and for 2 years after the Contract term ends, the following insurance coverage from insurers that have an “A.M. Best” rating of not less than A-VII:

I.2. COMMERCIAL GENERAL LIABILITY

Policy must include Bodily Injury, Property Damage, Personal Injury and Broad Form Contractual Liability with coverage limits no lower than:

A. Each Occurrence: $2,000,000 B. General Aggregate: $4,000,000 C. Products & Completed Operations Aggregate: $2,000,000 D. Personal and Advertising Injury: $2,000,000 E. Blanket Contractual Liability: $2,000,000

I.3. COMMERCIAL AUTOMOBILE LIABILITY

Policy must include bodily injury and property damage, for any owned, hired, and/or non-owned vehicles used in performance of work under this Contract, with a Combined Single Limit no lower than $1,000,000.

I.4. WORKER'S COMPENSATION

Policy must have coverage limits no lower than:

A. Per Occurrence: Statutory B. Employer's Liability: $1,000,000 C. Disease Each Employee: $1,000,000 D. Disease Policy Limit: $1,000,000 E. [If Contractor is a Sole Proprietor, include this waiver provision under A.R.S. § 23-961(M). To determine whether the Contractor is a Sole Proprietor, please request the Sole Proprietor/Independent Contractor/LLC operating with only one agent form from the Contract Officer listed in the solicitation.] I am a sole proprietor, and I am doing business as [name of sole proprietor business]. I am performing work as an independent contractor for the City of Tucson. I am not the employee of the City of Tucson for workers' compensation purposes, and, therefore, I am not entitled to workers' compensation benefits from the City. I understand that if I have any employees working for me, I must maintain workers' compensation insurance on them.

I.5. POLICY CHANGE NOTICE

Contractor will give the City 30 days advance written notice before any of the above policies are changed in any manner that is inconsistent with the requirements of this Contract. The notice must be sent directly to the Procurement Division of the Business Services Department.

BUSINESS SERVICES DEPARTMENT Page 26 of 40

I.6. ADDITIONAL INSURED

The Commercial General Liability, Commercial Automobile Liability and umbrella policies where applicable will include the City as an additional insured with respect to liability arising out of the performance of this contract. The City must be covered to the full policy limits, even if those limits of liability are in excess of those required by this Contract. The coverage must be primary and any insurance carried by City is excess and not contributing.

I.7. CLAIMS-MADE COVERAGE

If any or part of the required insurance is written on a claims-made basis, any policy retroactive date must precede the date of the contract and the Contractor must maintain such coverage for a period not less than three (3) years following contract expiration, termination or cancellation.

I.8. ADDITIONAL REQUIREMENTS

Each insurance policy required by this Contract, excluding Professional Liability (Errors & Omissions), must include or be endorsed to include to provide the following:

A. A waiver of subrogation endorsement in favor of the City, for losses arising from work performed by or on behalf of the Contractor (Including Worker’s Compensation).

B. The policy is primary and any insurance carried by the City is excess and not contributing.

C. The coverage provided by the policy is not limited to the liability assumed under the indemnification provisions of this Contract.

D. The insurer will provide written notice to the City at least ten (10) calendar days before the policy is terminated or cancelled or the coverage is reduced.

I.9. PUBLIC ENTITIES

If Contractor or any sub-contractor is a public entity that self-insures as permitted by law, then the insurance requirements in this Section 8 will not apply to that entity and that entity must instead provide a Certificate of Self- Insurance.

I.10. SUBCONTRACTORS

Contractors’ insurance certificate(s) must include all subcontractors as insureds under its policies or Contractor must give the City separate certificates and endorsements for each subcontractor showing that each subcontractor has the insurance coverage described above.

I.11. SUFFICIENCY OF COVERAGE

The City in no way warrants that the required minimum insurer rating in this Contract is sufficient to protect the Contractor from potential insurer insolvency, nor that the required liability limits are sufficient to protect Contractor.

BUSINESS SERVICES DEPARTMENT Page 27 of 40

I.12. VERIFICATION OF COVERAGE

A. Contractor will give the City certificates of insurance (ACORD form or equivalent approved by the City), signed by an authorized representative of the insurer, showing that the Contractor has all the insurance required by this Contract.

B. Contractor must deliver the certificates directly to the Procurement Division of the City’s Business Services Department before the Contractor commences work under this Contract.

C. The certificates must contain the City project/contract number and project description.

D. The City reserves the right to require complete copies of all insurance policies as they specifically relate to any incident within the Scope of Work, and which makes the request legally required or job related and consistent with business necessity.

BUSINESS SERVICES DEPARTMENT Page 28 of 40

J. STANDARD TERMS AND CONDITIONS

J.1. ADVERTISING

Contractor will not advertise or publish information concerning this Contract without prior written consent of the City’s Business Services Director.

J.2. COMPLIANCE WITH LAWS

The parties will comply with all federal, state and local laws, rules, regulations, standards and Executive Orders including, without limitation, the following:

A. Americans with Disabilities Act. Contractor will comply with all applicable provisions of the Americans with Disabilities Act (Public Law 101-336, 42 U.S.C. 12101, et seq.) and its regulations, including 28 CFR Parts 35 and 36. If Contractor will provide or make available web content or mobile applications, the Contractor must demonstrate that its work product conforms to the DOJ’s April 24, 2024 final rule under Title II of the ADA by providing either (1) a current Accessibility Compliance Report (ACR) based on the latest version of the Voluntary Product Accessibility Template (VPAT) for the Web Content Accessibility Guidelines (WCAG) 2.1, or (2) an independent third-party evaluation from an accessibility consultancy.

1. The Contractor’s indemnification obligations under this Agreement shall include all allegations, demands, proceedings, suits, actions, claims, liability, damages, losses, expenses (including but not limited to attorney fees, court costs, and all claim-adjusting and claim-handling expenses) or disbursements of any kind or nature in any way relating to or arising from the Contractor’s breach of this section or non-compliance with any of the provisions of the ADA.

2. In addition to any other rights and remedies in this Agreement, the City may exercise the following remedies if the Contractor breaches this section or fails to comply with any provision of the ADA:

a. The City may require the Contractor to remediate within 30 days at the Contractor’s expense,

b. The City may terminate the contract without penalty, or

c. The City may perform any necessary testing and/or remediation and deduct the actual cost from any outstanding payments to the Contractor or seek reimbursement for the actual cost from the Contractor.

3. As a courtesy and for convenience, the City is providing this link for the VPAT template:

https://www.itic.org/policy/accessibility/vpat. The most updated template for WCAG compliance must be downloaded, completed, and returned to the City with Contractor submissions.

B. Workers’ Rights Laws. Contractor will comply with all applicable provisions of Federal and State Child Labor and Workers’ Rights laws and agrees if called upon to affirm in writing that they and any subcontractors working under this Contract are in compliance.

J.3. GOVERNING LAW AND VENUE

This Contract is governed by the laws of the State of Arizona and the City and Contractor will have all remedies afforded to each by the Tucson Procurement Code and the laws of the State of Arizona. Any lawsuits regarding this Contract must be brought in a court of competent jurisdiction in Pima County, Arizona.

J.4. ARBITRATION

Notwithstanding any other provision in this Contract, no agreement by the City to arbitrate a dispute is binding unless given expressly and in writing after execution of this Contract. However, if both parties agree, disputes may be resolved through arbitration following the process in A.R.S. § 12-1501, et seq.

https://www.itic.org/policy/accessibility/vpat

BUSINESS SERVICES DEPARTMENT Page 29 of 40

Contractor must continue to perform under this Contract without interruption, notwithstanding the provisions of this section.

J.5. ASSIGNMENT

Contractor may not assign its rights or obligations under this Contract…