FMLA_and_PPL_Administration_Service_(Addendum_#1_Revision).pdf

REQUEST FOR PROPOSAL - PROFESSIONAL

SERVICES

RFP PS-26-0173

FMLA AND PPL ADMINISTRATION SERVICE

CITY OF PHOENIX

FINANCE CENTRAL PROCUREMENT

251 W WASHINGTON STREET

PHOENIX, AZ

85003

RELEASE DATE: December 8, 2025

DEADLINE FOR QUESTIONS: December 17, 2025

RESPONSE DEADLINE: January 6, 2026, 2:00 pm

City of Phoenix

REQUEST FOR PROPOSAL - PROFESSIONAL SERVICES

RFP PS-26-0173

FMLA and PPL Administration Service

1. INTRODUCTION

2. INSTRUCTIONS

3. SCOPE OF WORK

4. EVALUATION PROCESS

5. STANDARD TERMS AND CONDITIONS

6. SPECIAL TERMS AND CONDITIONS

7. DEFENSE AND INDEMNIFICATION

8. INSURANCE REQUIREMENTS

9. SUBMITTALS

10. PRICING PROPOSAL

Attachments:

A - Exhibit C-Business Associate Agreement BAA

B - Attachment A AR 2.143 – Family and Medical Leave

C - Attachment B AR 2.146 – Paid Parental Leave

Request For Proposal - Professional Services #RFP PS-26-0173 Title: FMLA and PPL Administration Service

1. INSTRUCTIONS

1.1. Introduction

1.1.1. Contact Information

Edith Barrera

Finance Central Procurement

Email: edith.barrera@phoenix.gov

Phone: (602) 495-7664

1.1.2. Schedule of Events

The City reserves the right to change dates, times, and locations, as necessary. The City does not always hold a Pre-Offer Conference or Site Visit. All times in the Schedule of Events are

Local Phoenix, AZ Time.

To request a reasonable accommodation or alternative format for any public meeting, please contact the Procurement Officer (Edith Barrera) at (602) 495-7664/Voice or 711/TTY, or edith.barrera@phoenix.gov, no later than two (2) weeks prior to the meeting.

Solicitation Issue Date: December 8, 2025

Pre-Offer Conference (Non-Mandatory): December 15, 2025, 1:00pm

When it's time, join your Webex meeting.

Join from the meeting link https://cityofphoenix.webex.com/cityofphoen ix/j.php?MTID=m167699d4932527604769d b20f481500d

Join by meeting number

Meeting number (access code): 2349 671

Meeting password: NiFnHGe33Z4

Tap to join from a mobile device (attendees only)

+1-415-655-0001,,23496718998## US Toll

Join by phone

+1-415-655-0001 US Toll

Global call-in numbers

Join from a video system or application

Dial

23496718998@cityofphoenix.webex.com

You can also dial 173.243.2.68 and enter your meeting number.

Written Inquiries Due Date: December 17, 2025, 2:00pm

Question Response Deadline: December 23, 2025, 5:00pm

Offer Due Date: January 6, 2026, 2:00pm

1.2. Description – Statement of Need

The City of Phoenix invites sealed offers for comprehensive Family and Medical Leave Act

(FMLA) Administration Services and Paid Parental Leave (PPL) Administration Services for benefit-eligible City employees for a five-year contract commencing on or about January 1, 2027 or the “Effective Date” which is upon award by City Council, conditioned upon signature and recording by the City Clerk’s department, as required by the Phoenix City Code, whichever is later, in accordance with the Minimum Qualifications, the Scope of Work in the Professional

Services Agreement and the additional specifications and provisions contained herein.

This solicitation is available through Arizona Relay Service 7-1-1. Please call TTY 800-367-8939 for assistance.

https://cityofphoenix.webex.com/cityofphoenix/j.php?MTID=m167699d4932527604769db20f481500d https://cityofphoenix.webex.com/cityofphoenix/j.php?MTID=m167699d4932527604769db20f481500d https://cityofphoenix.webex.com/cityofphoenix/j.php?MTID=m167699d4932527604769db20f481500d mailto:23496718998@cityofphoenix.webex.com http://173.243.2.68/

Notwithstanding the foregoing, this Agreement will terminate upon the earliest occurrence: by reaching the end of the term including any extensions exercised, or termination pursuant to the provisions of this Agreement.

It is the intent of this Solicitation to award one or more than one contract; however, the City reserves the right to award the Contract(s) to whomever best meets the criteria set out in this

Solicitation.

1.3. Minimum Qualifications

The qualified and responsive Offeror must meet all minimum qualifications listed below. Should an Offeror fail to meet one of the minimum qualifications identified, the Offer will be disqualified as non-responsive.

Enter Minimum Qualifications

The qualified and responsive Offeror must meet all minimum qualifications listed below. Should an Offeror fail to meet one of the minimum qualifications identified, the Offer will be disqualified as non-responsive. The Offeror shall:

• Have been in operation for a minimum of five (5) consecutive years, providing FMLA and

Paid Parental Leave Administrative Services to clients of comparable size and complexity, as outlined in the Scope of Work.

• Have a minimum of five (5) consecutive years’ experience providing the Services as listed in this Solicitation for private and public entities comparable in size to the City of

Phoenix.

1.4. Agreement Term and Contractual Relationship

Offerors are responsible for reading the agreement and submitting any questions about it in accordance with the process listed in this agreement. By submitting a proposal, each Offeror agrees it will be bound by the agreement. The City anticipates a five-year contract.

Notwithstanding the foregoing, this Agreement will terminate upon the earliest occurrence of any of the following:

• reaching the end of the term and any extensions;

• completing the services set forth in the Scope of Work (the “Services”);

• payment of the maximum authorized compensation; or

• termination pursuant to the provisions of the Agreement.

1.5. Scope of Work and Standard and Special Terms and Conditions

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

Conditions section. Contractor will provide progress reports to the department designee, or “the

City” per a mutually agreed-upon schedule.

1.6. Instructions

1.6.1. Preparation of Offer

All forms provided must be completed and submitted with the Offer. The signed and completed

Conflict of Interest and Transparency form must be included or your Offer may be deemed non-responsive.

It is permissible to copy Submittal forms if necessary. Erasures, interlineations, or other modifications of the Offer must be initialed in original ink by the authorized person signing the

Offer. No offer will be altered, amended or withdrawn after the specified offer due date and time.

The City is not responsible for Offeror’s errors or omissions.

All time periods stated as a number of days will be calendar days.

It is the responsibility of all Offerors to examine the entire solicitation and seek clarification of any requirement that may not be clear and to check all responses for accuracy before submitting an offer. Negligence in preparing an offer confers no right of withdrawal after due date and time. Offerors are strongly encouraged to:

A. Consider applicable laws and/or economic conditions that may affect cost, progress, performance, or furnishing of the products or services.

B. Study and carefully correlate Offeror’s knowledge and observations with the solicitation and other related data.

C. Promptly notify the City of all conflicts, errors, ambiguities, or discrepancies that Offeror has discovered in or between the solicitation and other related documents.

D. The City does not reimburse the cost of developing, presenting or providing any response to this solicitation. Offers submitted for consideration should be prepared simply and economically, providing adequate information in a straightforward and concise manner. The Offeror is responsible for all costs incurred in responding to this solicitation. All materials and documents submitted in response to this solicitation become the property of the City and will not be returned.

E. Offerors are reminded that the specifications stated in the solicitation are the minimum level required and that offers submitted must be for products or services that meet or exceed the minimum level of all features specifically listed in this solicitation. Offers offering less than any minimum specifications or criteria specified are not responsive and should not be submitted.

1.6.2. Exceptions

If an Offeror has any exceptions to any terms, conditions or material requirements of this

Solicitation including without limitation to the Professional Services Agreement and the Scope of

Work, the Offeror must include a list of all exceptions to the requirements of the Solicitation and attachment documents, if any, and included in the "Exceptions Statement" within the “Vendor

Questionnaire” Section.

• Clearly reference the solicitation provision (ie title, paragraph number and page number)

• Redline the City's provision and provide alternate language

• Offer must explain the reason for the requested change

Note: Submit a Word document with the following columns: 1) RFP Section, Provision number and Title and page number, 2) Copy of City's RFP provision, 3) City's provision with proposed redlines/changes, and 4) explanation/justification for requested change.

Compliance with the above format for Exceptions is mandatory. If Offeror's Submittal does not include a separate Exceptions statement identifying all specific exceptions, as specifically set forth above, the exceptions will be deemed waived by the Offeror. If the Offeror fails to comply with the Exceptions requirements, and refuses to waive exceptions, their offer will be deemed non-responsive.

It is the intent of the City to award a contract on a fair, competitive basis. For this reason, the

City may view any “Exception” in response to any material conditions or requirement of the solicitation, as an attempt by the Offeror to vary the terms of the solicitation which, in fact, may result in giving the Offeror an unfair advantage. For this reason, the City will, at its option, not allow exceptions to any material requirement if, in the opinion of the City, the exceptions alter the overall intent of the solicitation, unless the exception would be of material benefit to the City.

Additionally, the City may, at its option, deem any submittal non-responsive based on exceptions by the Offeror.

1.6.3. Inquiries

All questions that arise relating to this solicitation should be directed via City’s Procurement

Portal and must be received by the due date indicated in the Schedule of Events. The City will not consider questions received after the deadline.

No informal contact initiated by Offerors on the proposed service will be allowed with members of City’s staff from date of distribution of this solicitation until after city council awards the contract. All questions concerning or issues related to this solicitation must be presented in writing.

The Procurement Officer will answer written inquiries in an addendum and publish any addenda on the City’s Procurement Portal.

1.6.4. Addenda

The City of Phoenix will not be responsible for any oral instructions made by any employees or officers of the City of Phoenix regarding this solicitation. Any changes will be in the form of an addendum. The Offeror must acknowledge receipt of any/all addenda through the City's

Procurement Portal with their submittal.

Changes to terms and conditions of the Solicitation and resulting Agreement made pursuant to an addendum shall be memorialized in the Solicitation and resulting Agreement document. To that end, a parenthetical will be added to applicable provision(s) referencing the addendum that imposed the change. The language in the final provision will reflect the updated version.

1.6.5. Licenses

If required by law for the operation of the business or work related to this Offer, Offeror must possess all valid certifications and/or licenses as required by federal, state or local laws at the time of submittal.

1.6.6. Certifications

By signature in the Offer section of the Offer and Acceptance page(s), Offeror certifies:

• The submission of the Offer did not involve collusion or other anti-competitive practices.

• The Offeror must not discriminate against any employee, or applicant for employment in violation of Federal or State Law.

• The 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, or service to a public servant in connection with the submitted Offer.

1.6.7. Submission of Offer

Offers must be in possession of the Department on or prior to the exact time and date indicated in the Schedule of Events. Late offers will not be considered. The prevailing clock will be the

City Department’s clock.

Offers should be submitted electronically via the City’s Procurement Portal by clicking on “Draft

Response” via https://procurement.opengov.com/portal/phoenix/projects/214495. Offerors that are unable to submit electronically should contact the Procurement Officer to discuss the logistics of hard copy submittals. Offerors must be registered with OpenGov by signing up via https://procurement.opengov.com/signup. Vendor training guides can be found at: https://opengov.my.site.com/support/s/article/ca6d1285-1e48-4a21-bb0d-715edb7794ed

Any original documents (such as bonds, guaranties, powers of attorney), if required by the solicitation, must be separately delivered to and received by the City on or prior to the exact time and date indicated in the Schedule of Events, with a clear indication of the Offer for which it is attributed.

It is the responsibility of the Offeror to ensure that the Offer is timely and to confirm that there are no technical reasons that any offer submitted electronically may be delayed. The date and time on the upload as received/stamped by the City’s Procurement Portal will provide proof of submission and verification whether the Offer was received on or prior to the exact time and date indicated in the Schedule of Events.

For assistance with submittals, vendors are welcome to use the OpenGov support chat (blue chat bubble in the bottom right corner) to connect with a member of OpenGov's support team who will be able to assist you with your submission.

Please DO NOT submit links to Google Docs, Dropbox Paper, or similar services. Your offer may be deemed non-responsive if your offer is supplied utilizing these services.

1.6.8. Withdrawal of Offer

https://procurement.opengov.com/portal/phoenix/projects/214495 https://procurement.opengov.com/signup https://opengov.my.site.com/support/s/article/ca6d1285-1e48-4a21-bb0d-715edb7794ed

At any time prior to the solicitation due date and time, an Offeror (or designated representative) may withdraw the Offer by clicking “Unsubmit Response” on the Offer submission via the City’s

Procurement Portal.

1.6.9. Offer Results

Offers will be opened on the offer due date, time and location indicated in the Schedule of

Events, at which time the name of each Offeror, and the prices may be read. Offers and other information received in response to the solicitation will be shown only to authorized City personnel having a legitimate interest in them or persons assisting the City in the evaluation.

Offers are not available for public inspection until after the City has posted the award recommendation on the City's Procurement Portal.

The City will post a preliminary offer tabulation on the City's Procurement

Portal: https://procurement.opengov.com/portal/phoenix/projects/214495 within five business days of the offer opening. The City will post the information on the preliminary tabulation as it was read during the offer opening. The City makes no guarantee as to the accuracy of any information on the preliminary tabulation. Once the City has evaluated the offers, the City will post an award recommendation on the City's Procurement Portal. By signing and submitting its

Offer, each Offeror agrees that this posting of the award recommendation to the City's

Procurement Portal effectively serves as the Offeror’s receipt of that notice of award recommendation. The City has no obligation to provide any further notification to unsuccessful

Offerors.

1.6.10. Pre-Award Qualifications

A. Upon notification of an award, but before the finalization of the award, the Offeror will have fourteen (14) calendar days to submit the bonding requirements.

B. As part of this solicitation process, Offerors within the competitive range will receive an email communication from the Procurement Officer with a link. The Offers are required to complete and submit the required questionnaire, within the timeframe indicated, for the following:

• Vendor Security Maturity Questionnaire.

The City will assess the Offeror's risk profile based on these submitted documents, aiming to determine if the Offeror's IT security practices align with the required security standards and present an acceptable level of risk. The risk assessment results will be a significant factor in determining the Offeror's pre-award qualification status. Offerors who do not receive a favorable risk assessment may be disqualified from further consideration in the procurement process.

1.6.11. Data Privacy Risk Screening

Because the resulting Contract may involve processing personal or other sensitive data, the City will conduct a Data Privacy Risk Screening as a minimum qualification using the Data Privacy

Questionnaire included in the Vendor Questionnaire section. Only Offerors that pass this screening will proceed to further evaluation.

Failure to submit the Data Privacy Questionnaire, or failure to meet the minimum standard, will result in the Offer being deemed non-responsive.

https://procurement.opengov.com/portal/phoenix/projects/214495

The City may verify statements, request clarifications regarding the Data Privacy Questionnaire or supporting documents and reject Offers that contain misrepresentations.

1.6.12. Award of Contract

Unless otherwise indicated, award(s) will be made to the most responsive, responsible

Offeror(s) who are regularly established in the service, or providing the goods, contained in this solicitation and who have demonstrated the ability to perform in an acceptable manner.

A. Factors that may be considered by the City include:

1. Technical capability of the Offeror to accomplish the scope of work required in the

Solicitation. This may include performance history on past and current government or industrial contracts; and,

2. Demonstrated availability of the necessary manpower (both supervisory and operational personnel) and necessary equipment to accomplish the scope of work in the Solicitation; and,

3. Safety record; and,

4. Offeror history of complaints and termination for convenience or cause.

B. Notwithstanding any other provision of this solicitation, the City reserves the right to: (1) waive any immaterial defect or informality; or (2) reject any or all offers or portions thereof; or (3) reissue a solicitation.

C. A response to a solicitation is an offer to contract with the City based upon the terms, conditions, and specifications contained in the City’s solicitation. Offers do not become contracts until they are executed by the Chief Procurement Officer or Department

Director. A contract has its inception in the award, eliminating a formal signing of a separate contract. For that reason, all of the terms, conditions and specifications of the procurement contract are contained in the solicitation, and in any addendum or contract amendment.

1.6.13. City's Right to Disqualify for Conflict of Interest

The City reserves the right to disqualify any Offeror on the basis of any real or apparent conflict of interest that is disclosed by the Offer submitted or any other data available to the City. This disqualification is at the sole discretion of the City. Any Offeror submitting an Offer herein waives any right to object now or at any future time, before anybody or agency, including but not limited to, the City Council of the City of Phoenix or any court.

1.6.14. Solicitation Transparency Policy

A. Commencing on the date and time a solicitation is published, potential or actual Offerors or respondents (including their representatives) shall only discuss matters associated with the solicitation with the Mayor, any members of City Council, the City Manager, any

Deputy City Manager, or any department director directly associated with the solicitation

(including in each case their assigned staff, except for the designated Procurement

Officer) at a public meeting, posted under Arizona Statutes, until the resulting contract(s) are awarded to all Offers or responses are rejected and the solicitation is cancelled without any announcement by the Procurement Officer of the City’s intent to reissue the same or similar solicitation. As long as the solicitation is not discussed, Offerors may continue to conduct business with the City and discuss business that is unrelated to the solicitation with the City staff. Offerors may not discuss the solicitation with any City employees or evaluation panel members.

B. Offerors may discuss their proposal or the solicitation with the Mayor or one or more members of the Phoenix City Council, provided such meetings are scheduled through the Procurement Officer, and are posted as open meetings with the City Clerk at least 24 hours prior to the scheduled meetings. The City Clerk will be responsible for posting the meetings. The posted notice shall identify the participants and the subject matter, as well as invite the public to participate.

C. With respect to the selection of the successful Offerors, the City Manager and/or City

Manager's Office will continue the past practice of exerting no undue influence on the process. In all solicitations of bids and proposals, any direction on the selection from the

City Manager and/or City Manager's Office and Department Head (or representative) to the proposal review panel or selecting authority must be provided in writing to all prospective Offerors.

D. This policy is intended to create a level playing field for all Offerors, assure that contracts are awarded in public, and protect the integrity of the selection process. OFFERORS

THAT VIOLATE THIS POLICY SHALL BE DISQUALIFIED. After official Notice is received by the City for disqualification, the Offeror may follow the Protest process, unless the Solicitation is cancelled without notice of intent to re-issue.

E. “To discuss” means any contact by the Offeror, regardless of whether the City responds to the contact. Offerors that violate this policy will be disqualified until the resulting contract(s) are awarded, or all Offers or responses are rejected and the solicitation is cancelled without any announcement by the Procurement Officer of the City’s intent to reissue the same or a similar solicitation. The City interprets the policy as continuing through a cancellation of a solicitation until Council award of the contract, as long as the

City cancels with a statement that the City will rebid the solicitation.

1.6.15. Protest Process

A. Offeror may protest the contents of a solicitation no later than seven days before the solicitation deadline when the protest is based on an apparent alleged mistake, impropriety or defect in the solicitation. Protests filed regarding the solicitation may be addressed by an amendment to the solicitation or denied by the City. If denied, the opening and award will proceed unless the City determines that it is in the City’s best interests to set new deadlines, amend the solicitation, cancel or re-bid.

B. Therefore, unless otherwise notified by a formal amendment, the Protester must adhere to all solicitation dates and deadlines, including timely filing of an Offer, regardless of filing a protest.

C. Offeror may protest an adverse determination issued by the City regarding responsibility and responsiveness, within seven days of the date the Offeror was notified of the adverse determination.

D. Offeror may protest an award recommendation if the Offeror can establish that it had a substantial chance of being awarded the contract and will be harmed by the recommended award. The City will post recommendations on the City’s Procurement

Portal to award the contract(s) to an Offeror(s). Offeror must submit award protests within seven days after the posting of the award recommendation, with exceptions only for good cause shown, within the City’s full and final discretion.

E. All protests will be in writing, filed with the Procurement Officer identified in the solicitation and include the following:

1. Identification of the solicitation number;

2. The name, address and telephone number of the protester;

3. A detailed statement describing the legal and factual grounds for the protest, including copies of relevant documents;

4. The form of relief requested; and

5. The signature of the protester or its authorized representative.

F. The Procurement Officer will render a written decision within a reasonable period after the protest is filed. The City will not request City Council authorization to award the contract until the protest process is complete. All protests and appeals must be submitted in accordance with the City’s Procurement Code, (Phoenix City Code, Ch. 43), and administrative regulations and any protests or appeals not submitted within the time requirements will not be considered. Protests must be filed with the Procurement Officer.

1.6.16. Public Record

All Offers submitted in response to this solicitation will become the property of the City and become a matter of public record available for review pursuant to Arizona State law. If an

Offeror believes that a specific section of its Offer response is confidential, the Offeror will isolate the pages marked confidential in a specific and clearly labeled section of its Offer response. An Offeror may request specific information contained within its Offer is treated by the

Procurement Officer as confidential provided the Offeror clearly labels the information

“confidential.” To the extent necessary for the evaluation process, information marked as

“confidential” will not be treated as confidential. Once the procurement file becomes available for public inspection, the Procurement Officer will not make any information identified by the

Offerors as “confidential” available to the public unless necessary to support the evaluation process or if specifically requested in accordance with applicable public records law. When a public records request for such information is received, the Procurement Officer will notify the

Offeror in writing of any request to view any portion of its Offer marked “confidential.” The

Offeror will have the time set forth in the notice to obtain a court order enjoining such disclosure.

If the Offeror does not provide the Procurement Officer with a court order enjoining release of the information during the designated time, the Procurement Officer will make the information requested available for inspection.

1.6.17. Late Offers

Late Offers must be rejected, except for good cause. If a late Offer is submitted, the Department will document the date and time of the submittal of the late Offer, keep the Offer and notify the

Offeror that its Offer was disqualified for being a late Offer.

1.6.18. Right to Disqualify

The City reserves the right to disqualify any Offeror who fails to provide information or data requested or who provides materially inaccurate or misleading information or data. The City further reserves the right to disqualify any Offeror on the basis of any real or apparent conflict of interest that is disclosed by the Offer submitted or any other data or information available to the

City. This disqualification is at the sole discretion of the City. By submission of a solicitation response, the Offeror waives any right to object now or at any future time, before any agency or body including, but not limited to, the City Council of the City or any court as to the exercise by the City of such right to disqualify or as to any disqualification by reason of real or apparent conflict of interest determined by the City. The City reserves the right to replace the disqualified

Offeror.

1.6.19. Statement of Bonding Ability

Offerors must submit a letter from a bonding or insurance company stating that the Offeror can qualify for and procure the performance and/or payment surety required in this solicitation.

Submittals received without the required statement of ability to secure a performance or payment surety may be considered as non-responsive. Offerors anticipating the submittal of a cash surety in lieu of a bond should submit a statement notifying the City.

1.6.20. Performance Bond

A performance surety in the amount of 10% of the total contract amount shall be provided by the

Contractor immediately after notice of award. The City of Phoenix will not issue a written purchase order or give notice to proceed in any form until the surety is received by the

Procurement Officer. The performance surety must be in the form of a bond, cashier's check, certified check or money order. Personal or company checks are not acceptable unless certified. If surety is in the form of a bond, the company issuing the surety must be authorized by the Insurance Department of Arizona to transact business in the State of Arizona or be named on the approved listing of non-admitted companies. A Certificate of Deposit (CD) issued by a local Phoenix bank may also be used as a form of surety provided that the CD is issued jointly in the name of the City of Phoenix and the Contractor, and that the Contractor endorses the CD over to the City at the beginning of the contract period. Interest earnings from the CD can be retained by the Contractor.

1.6.21. Contract Award

The City reserves the right to award a contract by individual line items, by group, all or none, or any other combination most advantageous to the City. The City reserves the right to award multiple contracts.

1.6.22. Determining Responsiveness and Responsibility

Offers will be reviewed for documentation of minimum qualifications, completeness, and compliance with the Solicitation requirements. The City reserves sole discretion to determine responsiveness and responsibility.

Responsiveness: Nonresponsive Offers will not be considered in the evaluation process. The solicitation states criteria that determine responsiveness, and the solicitation includes terms and conditions that if included or excluded from Offers (as the case may be) will render an Offer nonresponsive.

Exceptions, conditions, reservations, or understandings are presumed to be unacceptable, and an Offer that includes unacceptable exceptions, conditions, reservations, or understandings may be rejected as nonresponsive. Alternatively, the City in its sole discretion may instruct in writing that any Offeror remove the conditions, exceptions, reservations or understandings. If the Offeror fails to do so in writing, the City may determine the Offer to be nonresponsive.

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

The Procurement Officer will review each Offer to determine if the Offeror is responsible. The

City’s determination as to whether an Offeror is responsible will be based on all information furnished by the Offeror, interviews (if any), and information received from Offeror’s references, including information about Offeror’s history, terminations for convenience or cause, contract breach lawsuits or notices of claim and any other sources the City deems appropriate. Award of the Contract resulting from the solicitation will not be made until any necessary investigation, which each Offeror agrees to permit by submitting its Offer, is made by the City as it deems necessary. A review of responsibility may occur up to contract award.

The Offeror’s unreasonable failure to promptly supply information about an inquiry with respect to responsibility may be grounds for a determination of non-responsibility with respect to such

Offeror.

1.6.23. Detailed Evaluation of Offers and Determination of Competitive Range

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

1.6.24. Offers Not Within the Competitive Range

The City may notify Offerors of Offers that the City determined are not in the Competitive

Range.

1.6.25. Discussions with Offerors in the Competitive Range

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

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

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

To the fullest extent permitted by law, the City will not provide any information, financial or otherwise, to any Offeror about other Offers received in response to this solicitation. During discussions with Offerors in the Competitive Range, the City will not give Offerors specific prices or specific financial requirements that Offerors must meet to qualify for further consideration.

The City may state that proposed prices are too high with respect to the marketplace or otherwise unacceptable. Offerors will not be told of their relative rankings before Contract award.

1.6.26. Best and Final Offers (BAFO)

A BAFO is an option available for negotiations. Each Offeror in the Competitive Range, which is determined in the City’s sole discretion, may be afforded the opportunity to amend its Offer and make one BAFO.

If an Offeror’s BAFO modifies its initial Offer, the modifications must be identified in the BAFO.

The City will evaluate BAFOs based on the same requirements and criteria applicable to initial

Offers. The City will adjust appropriately the initial scores for criteria that have been affected by offer modifications made by a BAFO. Based on the criteria defined in the solicitation as weighted, the City will then perform final scoring and prepare final rankings.

The Evaluation Panel will recommend the Offer that is the best value and most advantageous to the City based on the evaluation criteria.

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

1.6.27. Fixed Offer Price Period

All offers shall be firm and fixed for a period of 240 calendar days from the solicitation opening date.

1.6.28. Obtaining a Copy of the Solicitation and Addenda

Interested Offerors may download the complete solicitation and addenda from the City's

Procurement Portal: https://procurement.opengov.com/portal/phoenix/projects/214495. Any interested Offerors without internet access may obtain this solicitation by calling the

Procurement Officer or picking up a copy during regular business hours at the City of Phoenix, Human Services Department, 200 W. Washington Street, 18th Floor, Phoenix, AZ 85003. It is the Offeror’s responsibility to check the City's Procurement Portal, read the entire solicitation, and verify all required information is submitted with their Offer.

1.6.29. Certificates of Insurance

Upon notification of a recommended award, the Offeror will have 14 calendar days to submit a complete certificate of insurance in the minimum amounts and the coverages as required in the

Insurance Requirements of this solicitation. Insurance requirements are non-negotiable.

1.7. Evaluation Criteria

In accordance with the Administrative Regulation 3.10, Competitive Sealed Proposal awards shall be made to the responsive and responsible Offeror(s) whose Offer is determined in writing to be the most advantageous to the City based upon the evaluation criteria listed below.

The evaluation factors are listed in the relative order of importance and more details are provided in Scope of Work. The Weight (Points) for each Evaluation Criteria are the maximum points that may be assigned for that Criteria. The following evaluation criteria will be used to evaluate all Offers:

No. Evaluation Criteria Scoring Method Weight (Points)

1. Method of Approach Points Based 400 (40% of Total)

2. Qualifications, Experience, References Points Based 300 (30% of Total)

3. Pricing Proposal Reward Low Cost 300 (30% of Total) https://procurement.opengov.com/portal/phoenix/projects/214495

2. AGREEMENT

2.1. Professional Services Agreement

BETWEEN

THE CITY OF PHOENIX

AND

CONTRACTOR NAME

This AGREEMENT is made and entered into this January 1, 2027, (“the Effective Date”), or as of the City Clerk date, whichever is later, by and between the City of Phoenix, Arizona, a municipal corporation of the State of Arizona (hereinafter referred to as “City”) and insert legal name of Contractor here, insert state of corporation and correct business name – Corporation, LLC, etc that you have confirmed on the Arizona Corporation Commission website, (hereinafter referred to as “ Contractor”).

RECITALS

A. The City Manager of the City of Phoenix, Arizona, is authorized by the provisions of the

City Charter to execute agreements for professional services.

B. The City desires to obtain the services that are specifically set forth in this Agreement.

C. The City procured these professional services in accordance with the Phoenix City Code and Administrative Regulation 3.10.

D. Contractor possesses the skills and expertise necessary to provide such services as desired by the City.

E. This Agreement is authorized by the City Council (Ordinance Number and Agenda

Number if applicable) Enter date.

NOW, THEREFORE, it is agreed by and between the parties as follows:

2.2. Term of Agreement

A. This Agreement begins on the Effective Date in the above introductory paragraph, and upon approval by the City, for five-year contract.

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

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

2. completing the services set forth in the Scope of Work attached as EXHIBIT A –

SCOPE OF WORK (the “Services”);

3. payment of the maximum compensation under Paragraph Payment of this

Agreement; or

4. termination pursuant to the provisions of this Agreement.

2.3. Payment

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

B. Contractor will submit monthly invoices on or before the 10th calendar day of every month. Each invoice will be accompanied with itemized receipts. The invoice will be submitted free of mathematical errors and/or missing supporting documentation. All appropriate documentation will be provided that supports the charges reflected in the monthly invoice. Upon finding of an error and/or missing documentation, the City will return the invoice to the Contractor. Contractor will promptly resubmit the revised invoice to the City. Each revised invoice will document the date that the revised invoice is submitted to the City. Requests for payment must be submitted with documentation of dates and hours worked, hourly rate charged, and a detailed description of the Services performed. Failure of City to identify an error does not waive any of the City’s rights.

C. Invoices will be submitted to: City of Phoenix Human Resources Department, Benefits

Division Staff: Brianna.Aceves@phoenix.gov Tristin.Sullivan-

Leppa@phoenix.govBenefits.Invoices@phoenix.gov

2.4. Scope of Work and Standard and Special Terms and Conditions

Contractor will provide consulting services that will be in accordance with the Scope of Work as set forth in EXHIBIT A – SCOPE OF WORK, which may be supplemented with additional detail from time to time during the term of the Agreement, and that are satisfactory to the City. In performing these services, Contractor will also specifically comply with the applicable Standard and Special Terms and Conditions.

2.5. Exhibit A – Scope of Work

PURPOSE

The intent of this Request for Proposal (RFP) is to obtain firm fixed price proposals from well-qualified and experienced firms for comprehensive Family and Medical Leave Act (FMLA)

Administration Services and Paid Parental Leave (PPL) Administration Services for benefit-eligible City employees.

1. INTRODUCTION

The City of Phoenix is the capital of Arizona and, as the fifth largest in the United States, is the most populous city in Arizona (over 1.6 million). The City provides public services through thirty plus (30+) City departments including but not limited to public safety, parks and recreation, libraries, human services, streets and water services.

The City employs a workforce of over 14,300 employees (full-time, full-time temporary, and part-time) and operate 24 hours per day/7days per week/365 days per year. Employees may work varying shifts that include shifts that cross calendar days.

In 2022, the City added Paid Parental Leave as a benefit to leave-eligible employees (individually referred to as “Eligible Employees”, referred to herein as “Participants”) who have been employed with the City for at least 12 months prior to the requested date of PPL and have worked at least 1,250 hours during the 12 months preceding the date the leave would begin. The benefit offers a maximum of 480 hours (672 hours for employees classified as 56-hour sworn fire) of PPL that runs concurrently with FMLA (, as applicable.

The City currently contracts with FMLASource to administer the City’s FMLA and PPL programs. FMLA is administered on a rolling twelve (12) month period, measured backwards from the date an employee uses FMLA leave.

There are currently 2,188 employees actively approved for FMLA and PPL and 5,265 total approved to date for 2025. Between October 2024 to October 2025, the total approved was

6,095. The City maintains an internal designated FMLA HR team to address employee concerns and act as a primary point of contact for Participants and the Contractor. The City plans to utilize a Contractor for all aspects of FMLA and PPL administration including claims management, documentation, reporting, and compliance.

For internal leave tracking including tracking against an employee’s FMLA and PPL leave entitlement, the City utilizes Oracle Peoplesoft system, known internally as eCHRIS. The City utilizes a “positive pay” or “exception pay” system. The City does not currently utilize a time and labor system. This means that unless pay exceptions are actively entered into the leave and/or payroll systems, employees automatically receive full pay for each two-week pay period. In order to charge an employee’s paid leave bank for an absence, a leave entry must be entered into the system. In accordance with policy, an employee must use available paid leave before defaulting to unpaid leave.

The City intends to contract with one Offeror for FMLA and PPL Administration Services.

1. DEFINITIONS

1.1. Designated Teams: Persons trained on the City's relevant policies, FMLA and PPL and assigned by the Contractor to service the City account. Persons assigned to perform

Implementation and/or Account Management Services.

1.2. Effective Date: First day the employee is approved, denied or recertified.

1.3. Eligible Employee (FMLA): In accordance with the provisions of the Family and Medical

Leave Act (FMLA) - must have worked for the City for at least 1,250 during the 12-month period immediately preceding the commencement of the leave.

1.4. Eligible Employee (PPL): In accordance with the provisions of Administrative Regulation

2.146 (which the City reserves the right to modify all City administrative regulations) – must have been employed with the City for at least 12-months prior to the requested date of leave and have worked at least 1,250 hours during the 12-months preceding the date the leave would begin. The City reserves the right to modify eligibility.

1.5. HIPAA: Health Insurance Portability and Accountability Act.

1.6. Plan Year: January 1 to December 31.

1.7. Services: Services required of the Contractor by this Agreement and the Scope of Work incorporated herein.

1.8. USERRA: Uniformed Services Employment and Reemployment Rights Act.

2. GENERAL ADMINISTRATION REQUIREMENTS

Contractor shall administer the City of Phoenix FMLA and PPL programs as required by the following authorities, in order:

2.1. Applicable Federal Law

2.2. Applicable State of Arizona Law

2.3. City of Phoenix Administrative Regulations numbers 2.143 and 2.146, as may be amended from time to time.

2.4. The Agreement between the City of Phoenix and the Contractor, including any appendices and subsequent amendments.

Contractor shall conduct internal audit of its service operations related to this Agreement on an annual basis to assure compliance with applicable law, regulatory and data privacy (HIPAA, FMLA,) requirements, and City-mandated operational procedures. Audit shall be conducted by qualified internal auditor(s) or an internal compliance team and independent from the day-to-day account management staff. A summary report of the audit findings shall be provided to the City within thirty (30) days of audit completion or upon request by the City. Contractor agrees to implement timely corrective actions for any deficiencies identified and shall report progress to the City until fully corrected. The first audit to be completed within twelve (12) months from

Agreement effective date or upon request by the City.

3. CLAIMS ADMINISTRATION

3.1. FMLA Claim Administration

3.1.1. Claims Management and Processing

Contractor shall:

a. Issue an initial FMLA packet via requested method, i.e., Participant Portal, secure e-mail, U.S. Postal Service to requesting employee(s) with a copy to the employee’s department supervisor and the City’s designated FMLA team. The packet shall include the required federal and/or state notices and other ancillary information related to City leave benefits. An initial packet shall be sent to a requesting employee upon request, but no later than one business day after receipt of the request.

b. Accurately record and track FMLA usage hours to ensure compliance with FMLA time limits and determine FMLA eligibility by accurately and thoroughly reviewing/verifying initial leave request and/or corresponding medical certification, as applicable.

c. Prepare approval and denial letters and notifications to employee with a copy to the employee’s department supervisor, designated Human Resources (HR) representative, and the

City’s designated FMLA team. The notification(s) shall be sent as soon as possible, but no later than five (5) business days of receipt of all required documentation and shall include, as applicable, but not be limited to: the FMLA qualifying reason, type of leave (continuous or intermittent), start and end date of leave, reason for denial, appeals process, customer service contact information, frequency/duration and any other relevant information and/or documentation. All communication shall be sent via secure e-mail and/or Participant portal with push notification and require multi-factor authentication.

d. Verify medical certification and re-certification within five (5) business days of receipt and process applicable notification(s) immediately after verification, but no later than one (1) business day after verification complete.

e. Provide written notice to the City and the employee when an employee is projected to exhaust their FMLA entitlement within two weeks, or as soon as the determination is reasonably known.