General_Police_Towing_Services_(Addendum_#2_Revision).pdf

REQUEST FOR PROPOSAL - GOODS AND SERVICES

RFP GGS-25-0705

GENERAL POLICE TOWING SERVICES

CITY OF PHOENIX

FINANCE CENTRAL PROCUREMENT

251 WEST WASHINGTON STREET, 8TH FLOOR

PHOENIX, AZ

85003

RELEASE DATE: August 19, 2025

DEADLINE FOR QUESTIONS: September 12, 2025

RESPONSE DEADLINE: October 8, 2025, 2:00 pm

City of Phoenix

REQUEST FOR PROPOSAL - GOODS AND SERVICES

RFP GGS-25-0705

General Police Towing Services

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 - Acceptance of Offer Form 2025

J - Solicitation Exhibits A-B

K - Solicitation Exhibit C

Request For Proposal - Goods and Services #RFP GGS-25-0705 Title: General Police Towing Services

1. Introduction

1.1. Contact Information

Karen Zinn

Finance Central Procurement

Email: karen.zinn@phoenix.gov

Phone: (602) 495-5396

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 (Karen Zinn) at (602) 495-5396/Voice or 711/TTY, or karen.zinn@phoenix.gov, no later than two (2) weeks prior to the meeting.

Solicitation Issue Date: August 19, 2025

Pre-Offer Conference (Non-Mandatory): September 3, 2025, 2:00pm

Join from the meeting link https://cityofphoenix.webex.com/cityofphoen ix/j.php?MTID=m3630517b85631bea813ed

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Join by meeting number

Meeting number (access code): 2343 282

Meeting password: 8wnWM9VW96J

Tap to join from a mobile device (attendees only)

+1-415-655-0001,,23432826021## US Toll

Join by phone

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Global call-in numbers

Join from a video system or application

Dial

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You can also dial 173.243.2.68 and enter your meeting number.

Written Inquiries Due Date: September 12, 2025, 2:00pm

Offer Due Date: October 8, 2025, 2:00pm https://cityofphoenix.webex.com/cityofphoenix/j.php?MTID=m3630517b85631bea813ed2c203022b6b https://cityofphoenix.webex.com/cityofphoenix/j.php?MTID=m3630517b85631bea813ed2c203022b6b https://cityofphoenix.webex.com/cityofphoenix/j.php?MTID=m3630517b85631bea813ed2c203022b6b mailto:23432826021@cityofphoenix.webex.com http://173.243.2.68/

2. Instructions

2.1. City’s Vendor Self-Registration and Notification

Vendors must be registered in the City’s OpenGov e-Procurement Portal at https://procurement.opengov.com/portal/phoenix to respond to solicitations and access procurement information.

Vendors must also be registered in the City’s procurePHX Self-Registration System at https://www.phoenix.gov/procure prior to contract execution.

The City may, at its sole discretion, reject any offer from an Offeror who has not registered.

2.2. 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 https://procurement.opengov.com/portal/phoenix https://www.phoenix.gov/procure offering less than any minimum specifications or criteria specified are not responsive and should not be submitted.

F. Offer responses submitted for products considered by the seller to be acceptable alternates to the brand names or manufacturer’s catalog references specified herein must be submitted with technical literature and/or detailed product brochures for the

City’s use to evaluate the products offered. Offers submitted without this product information may be considered as non-responsive and rejected. The City will be the sole judge as to the acceptability of alternate products offered.

G. Prices will be submitted on a per unit basis by line item, when applicable. In the event of a disparity between the unit price and extended price, the unit price will prevail unless obviously in error.

2.3. Fixed Offer Price Period

All offers shall be firm and fixed for a period of 365 calendar days from the solicitation opening date.

2.4. Obtaining a Copy of the Solicitation and Addenda

Interested Offerors may download the complete solicitation and addenda from Solicitation’s

Public Page: https://procurement.opengov.com/portal/phoenix/projects/160816. 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, Finance Department, Central Procurement Division, 251 W Washington Street, 8th Floor, Phoenix, AZ. It is the

Offeror’s responsibility to check the website, read the entire solicitation, and verify all required information is submitted with their Offer.

2.5. Exceptions

Offeror must not take any exceptions to any terms, conditions or material requirements of this solicitation. Offers submitted with exceptions may be deemed non-responsive and disqualified from further consideration in the City’s sole discretion. Offerors must conform to all the requirements specified in the solicitation. The City encourages Offerors to send inquiries to the

Procurement Officer rather than including exceptions in their Offer.

2.6. Inquiries

All questions that arise relating to this solicitation should be directed via City’s OpenGov e-

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 OpenGov e-Procurement Portal.

https://procurement.opengov.com/portal/phoenix/projects/160816

2.7. 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 by signing and returning the document with the Offer submittal.

2.8. Business in Arizona

The City will not enter contracts with Offerors (or any company(ies)) not granted authority to transact business, or not in good standing, in the state of Arizona by the Arizona Corporation

Commission, unless the Offeror asserts a statutory exception prior to entering a contract with the City.

2.9. 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.

2.10. 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.

2.11. 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 e-Procurement Portal by clicking on

“Draft Response” via https://procurement.opengov.com/portal/phoenix/projects/160816. 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.

https://procurement.opengov.com/portal/phoenix/projects/160816 https://procurement.opengov.com/signup https://opengov.my.site.com/support/s/article/ca6d1285-1e48-4a21-bb0d-715edb7794ed

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 e-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.

2.12. Withdrawal of Offer

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 e-Procurement Portal.

2.13. 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 website.

The City will post a preliminary offer tabulation on the Solicitation's Public Page:

https://procurement.opengov.com/portal/phoenix/projects/160816 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 website. By signing and submitting its Offer, each Offeror agrees that this posting of the award recommendation to the City’s website 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.

2.14. Pre-Award Qualifications

Offeror must have been in operation a minimum of five years. The Offeror’s normal business activity during the past five years will have been for providing the goods or services in this solicitation.

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

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

https://procurement.opengov.com/portal/phoenix/projects/160816

2.15. 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.

2.16. 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.

2.17. Solicitation Transparency Policy

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.

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.

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.

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.

“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.

2.18. Protest Process

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.

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.

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.

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 website 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.

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

• Identification of the solicitation number;

• The name, address and telephone number of the protester;

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

• The form of relief requested; and

• The signature of the protester or its authorized representative.

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 any protests or appeals not submitted within the time requirements will not be considered. Protests must be filed with the

Procurement Officer.

2.19. 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.

2.20. 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.

2.21. 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.

2.22. 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.

2.23. Performance Bond

A performance surety in the amount of $150,000 per Zone 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.

2.24. 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.

2.25. 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.

2.26. Equal Low Offer

Contract award will be made by putting the names of the tied vendors in a cup for a blind drawing limited to those bidders with tied offers. If time permits, the offerors involved will be given an opportunity to attend the drawing. The drawing will be witnessed by at least three persons, and the contract file will contain the names and addresses of the witnesses.

2.27. Evaluation of Competitive Sealed Offers

The City will use its discretion in applying the following processes to this solicitation. Any ties in scoring will be resolved with a best and final price request and the lowest price will prevail.

2.28. 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.

2.29. Offers Not Within the Competitive Range

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

Range.

2.30. 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.

2.31. 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.

3. Scope of Work

3.1. Introduction

The City of Phoenix Police Department, Public Records and Services Bureau, invites sealed

Proposals for General Police Towing Services, Vehicle Storage and Auctioning Services to be provided to the City of Phoenix and its citizens in accordance with the specifications and provisions contained herein.

3.2. Background

The City of Phoenix encompasses 540 square miles and has a population of 1.7 million. The Police Department requires general towing services to provide assistance for citizens involved in accidents, towing abandoned vehicles, vehicles left in the roadways, illegally parked vehicles, and other law enforcement impoundments. The Police Department also requires auctioning services when vehicles have been lawfully impounded and determined to be abandoned by the

Arizona Department of Transportation Motor Vehicle Division (MVD).

3.2.1 The following estimated call frequencies are based on historical data and are provided for informational purposes only. The City makes no guarantee that these estimates will predict future results. Offerors should form their own judgment as to the predictive quality of these estimates, taking into account all relevant factors, including the possibility of a change to a law that could impact the frequency with which the City requests tow service.

3.2.2 The citywide estimate of average monthly tow requests is 2,000 to 2,500.

90+% 10,000 pounds or under gross vehicle weight

<5% Over 10,000 pounds gross vehicle weight

<5% Scooters, mini-bikes, trailers, etc.

3.2.3 The citywide estimate of average monthly calls for abandoned vehicles and tows requested pursuant to P.C.C. § 36 is less than 90.

3.2.4 The citywide estimate of average monthly 30-day impound tows pursuant to P.C.C. § 23-55 and 7- or 20-day tows pursuant to A.R.S. § 28-

3511 is 400.

3.2.5 The citywide estimate of monthly calls in all other categories is less than

1,600.

3.2.6 The approximate number of tows per precinct for the General Services

Towing Contract for the period of fiscal year 07/01/2023 through

06/30/2024 is as follows:

Precinct # Precinct Name Approximate # of tows per precinct

Precinct 2 Black Mountain 3,405

Precinct 4 South

Mountain

4,116

Precinct 5 Central City 1,936

Precinct 6 Desert Horizon 4,029

Precinct 7 Mountain View 4,668

Precinct 8 Maryvale 6,419

Precinct 9 Cactus Park 4,539

3.3. Scope

The purpose of this Solicitation is to establish four separate contracts for the City of Phoenix

Police Department. The contracts are for the supply of general police towing services, vehicle storage and auctioning services to be provided to citizens and the City of Phoenix. The City of

Phoenix does not guarantee that a minimum number of tows will occur in any zone. Tow services will be requested on an "as needed" basis for the following zones:

Zone Precincts per Zone

Zone A Black Mountain and Cactus Park Precincts

Zone B Desert Horizon and Mountain View Precincts

Zone C Estrella Mountain - Maryvale Precinct

Zone D South Mountain and Central City Precincts

The Police Department requires towing services twenty-four (24) hours a day, seven (7) days a week throughout all seven police precincts. All work performed under this Contract will be pursuant to a specific request for service by a member of the Phoenix Police Department. The

City will pay the contract towing and storage fees for any abandoned or impounded vehicle seized by the Police Department in error.

This Contract will not be used for any purpose other than Police Department ordered tows and impoundments.

This Contract will not be used for towing city vehicles.

Offerors may submit either a proposal for one zone only or they may submit proposals for multiple zones. Only one contract for one vendor will be awarded per zone.

3.4. Zone Boundaries

3.4.1 For proposal and contract purposes, the tow precinct and subsequent zone boundaries correspond to the City of Phoenix Police precincts. See Exhibit B – TOWING

ZONES AND PRECINCTS.

3.4.2 The City reserves the right to change precinct boundaries and zones during the contract period. If a boundary should be changed for a precinct or zone under Contract, and that change results in either an increase or decrease in territory of ten percent (10%) or less as compared to the territory available at the beginning of the Contract, the change shall be considered de minimis and the Contract shall not be affected. If the change would result in an increase or decrease in excess of ten percent (10%) of the original territory, Contractor may terminate the Contract by providing thirty (30) days written notice to the City of this intent.

3.5. Contractor Services

3.5.1. Contractor shall comply with all lawful written instructions received from the insurance company representing the owner of any property towed under this Contract. Acceptable evidence of representation is any statement from the insurance company, on company letterhead, which names and purports to represent the owner. A copy of this written evidence of representation shall be retained at the Contractor’s place of business for one (1) year from the date of receipt.

3.5.2. Contractor shall comply with all lawful instructions from the citizen, or the citizen’s authorized agent, relating to the disposition of property that has been involved in a vehicular accident.

3.5.3. Contractor shall provide towing services twenty-four (24) hours a day and every calendar day of the year.

3.5.4. In the accident tow category, if the citizen does not request a specific towing service, the Contractor for that zone will be called by the Police Department. When a Contractor is called pursuant to this Contract, the Contractor is prohibited from reaching any agreement with the citizen relating to the tow service covered by this Contract that is not expressly permitted by this Contract. The charges to the citizen resulting from responses to calls made pursuant to this

Contract shall be in strict accordance with the contract rates established herein.

3.5.5. Contractor must respond to all requests for the tow of abandoned or impounded property and cannot refuse to tow certain property, including but not limited to electric vehicles.

3.5.6. Contractor shall comply with all laws of the State of Arizona pertaining to the handling and disposal of abandoned impounded vehicles, including the submission of all required electronically filed reports to the MVD. Contractor shall provide the Police Department Public

Records and Services Bureau a bi-weekly report of abandoned vehicle titles awarded by the

MVD.

3.5.7. Contractor may recover from the registered owner of any abandoned vehicle any fee chargeable under state law that is paid for by Contractor and is directly related to Contractor’s cost of applying for abandoned vehicle title.

3.5.8. Contractor shall not perform any services beyond the original tow and storage of property without the express written consent of the citizen, or citizen’s authorized agent, before the services are performed.

3.5.9. Contractor shall tow vehicles or property to the location designated by the Phoenix

Police Department employee assuming responsibility for the disposition of the vehicle or property.

3.5.10 Contractor shall not tow City vehicles. The towing of City vehicles is not authorized, and no payment will be made for the towing of a City vehicle.

3.5.11 A Contractor shall provide the Police Department Public Records and Services

Bureau with proof of compliance with the Anti Car Theft Improvements Act of 1996 by providing a copy of its monthly list of reported vehicles submitted via electronic or paper submissions under the National Motor Vehicle Title Information System (NMVTIS), as applicable. The report must contain the year, make, model, and VIN for each vehicle reported. The report must be submitted by 15th of each month and report must be submitted even if there are zero vehicles to report.

3.6. Solicitation of Business Prohibited

3.6.1. In accordance with ARS 28-4847: In connection with any property towed pursuant to this Contract, contractor shall not solicit business for, or contact the property owner, or his authorized agent, on behalf of any insurance company, insurance adjuster, health care provider, or lawyer during the tow process. In accordance with State law, contractor may, at any time during the tow process, provide the property owner, or his authorized agent, about the person’s right to choose any repair facility for the repair of the motor vehicle as well as any commonality of ownership between the vehicle repair facility and either the towing company or the operator of the towing vehicle..

3.6.2. For purposes of this section, the term “tow process” shall mean the period of time beginning when the Contractor receives a call for service under this Contract and ending when the property’s owner or his authorized agent has removed the property from the Contractor’s premises.

3.6.3. Contractor shall not enter into an agreement or single transaction with any business or person whereby Contractor is compensated in any way, either in money or other consideration of any description, whether by tow fee, contingency or other arrangement, in exchange for the provision of information relating to the property, or its owner, towed pursuant to this Contract.

3.6.4. Contractor shall not permit any person, other than a member of law enforcement or an employee or agent of any government acting in his or her official capacity, access to property towed pursuant to this Contract unless that access is required in direct and specific furtherance of a responsibility imposed upon Contractor under this Contract.

3.6.5 Notwithstanding any other provision of this Contract, the City may terminate this

Contract for a single violation of this section.

3.7. Equipment Per Zone

3.7.1. At all times during the contract period, Contractor shall have the following equipment available per Zone.

A. Fourteen (14) tow trucks

B. Of the fourteen (14) trucks, at least two (2) trucks must be classified as medium duty boom or crane type tow trucks. The medium duty tow truck is necessary for the towing of larger vehicles such as motor homes, etc.

C. Of the fourteen (14) trucks, at least four (4) of the trucks shall be two-car carriers.

D. Access to one (1) heavy-duty tow truck that is either a boom or crane-type. This truck must be readily available when needed to tow semi-tractor trailers.

E. Access to one (1) panel truck with a lift gate for the removal of property. The cargo compartment on the panel truck shall be a minimum of 20 feet in length.

F. Access to one (1) heavy-duty rotator tow truck. This truck will be readily available when needed for a dive recovery. The City, in its sole discretion, will call out a contractor who can provide a heavy-duty rotator tow truck that is needed, regardless of zones.

G. Access to one (1) refrigerated tow truck. This truck will be readily available.

Tow truck classifications are determined by City and State laws and DPS Tow Truck Rules and

Regulations.

3.7.2. Contractor’s tow trucks used to provide service shall have the business name affixed in three inch (3") minimum sized letters on both sides and shall display a current Department of

Public Safety inspection seal. Tow trucks shall have a two-way radio or other two-way communication system.

3.7.3. Contractor's equipment and drivers shall comply with the requirements of City and

State laws and DPS Tow Truck Rules and Regulations. All vehicles used to provide service under the Contract shall have a current Arizona Vehicle Emission Inspection Certificate to exhibit compliance with local emissions standards, as required by law.

3.7.4 Contractor's equipment must be in good repair and ready to operate, and personnel must be licensed and certified to operate the equipment, and available in order to allow for timely operation as required for performance of services under this contract.

3.7.5. Proposals submitted with the intention to subcontract with other towing companies for the necessary equipment to meet minimum proposal specifications will only be considered if: (1) the number of subcontractors is limited to two (2) firms for all zones awarded for proposal; (2)

Offeror identifies which subcontractor(s) will service which zone(s) selected; (3) Offeror’s listed subcontractor(s) are not listed by any other offeror(s); and (4) none of the listed subcontractors has submitted a Proposal in response to this Solicitation.

3.7.6. Contractor shall be responsible for contract performance and compliance of all subcontractors used under this Contract.

3.7.7. The City is contracting for the unique qualifications and capabilities of Contractor and there shall be no assignment, subletting, or transfer of the interests of Contractor in any of the work covered by the Contract without the prior written consent of the Deputy Finance

Director. In the event the City gives such consent, the terms and conditions of the Contract shall apply to and bind the party or parties to whom such work is consigned, sublet or transferred. Any assignment, subletting or transfer of the interest of Contractor either in whole or in part, without such consent, shall give the City the right to immediately terminate the

Contract for default.

3.8. Property Storage Facilities

3.8.1. Contractor shall maintain sufficient property storage facilities to adequately service the zone(s) under contract. Storage facilities shall comply with all City of Phoenix zoning requirements and must be zoned either A-1 or A-2. The minimum acreage specified in this document is sufficient only to begin service in a zone. Additional acreage may be necessary, and the Contractor will be obligated to secure, acceptable additional storage space as necessary.

3.8.2. All property storage locations used to fulfill any requirement of this Contract shall be on record with the Phoenix Police Department Public Records and Services Bureau and property shall not be stored at any location other than the storage locations on record.

3.8.3. Contractor shall maintain property storage facilities within the contract Zone(s).

3.8.4. Upon contract commencement, storage areas shall have:

a. the entire perimeter secured by an approximate six (6) foot high enclosure (i.e. chain link fence, block fence, fully enclosed building/structure, etc.); and

b. secured lockable entryways (i.e. lockable gates at all openings, garage type doors, etc.) to prevent unauthorized access to stored vehicles; have entryways locked at all times when Towing firm or towing firm’s employees are not present;

c. have a form of twenty-four (24) hour security (i.e. cameras, security guard, alarm);

and

d. have minimum lighting of one-half (1/2) watt for each square foot of release area.

Insufficient lighting shall not be acceptable.

3.8.5 Contractor’s lot will have a ground surface that enables the safe movement of stored vehicles throughout the lot while under the vehicles' own power or while under tow regardless of prevailing weather conditions. Ground surfaces shall also be free of overgrown vegetation, trash, junk parts, sharp objects, and allow for clear and safe ingress and egress. Distance between vehicles should be maintained as follows: two feet clearance to the sides of each vehicle and one foot clearance to the front and back of each vehicle.

3.8.6. Offerors shall submit proposals only for the zone(s) for which it currently owns, leases, or has an option to purchase or lease, adequate property storage to commence contract services.

3.8.7. Adequate property storage space is defined as a minimum of 2-1/2 acres of property storage space to service property tows for each zone for which a Proposal is submitted. Contractor shall secure additional storage space as necessary to support the contract zone and precincts.

3.8.8. Vehicle storage facility must remain in compliance with International Association of Fire

Chiefs guidance found at IAFC Response to EV Fires and attached hereto as Exhibit C for storage of damaged or fire-impacted electric vehicles.

3.8.9. Vehicle storage facility must be exclusive to the storing of towed vehicles only (i.e.

shall be separate and apart from facilities/areas where vehicles are dismantled, alternate work is being performed etc.);

3.8.10. Proposals submitted that do not exhibit either the ownership of, the lease of, or options to own or lease, the minimum required property storage space acreage to begin service for each zone for which a proposal is submitted, will be considered non-responsive.

3.9. Storage

3.9.1 Contractor shall not move property from the storage yard of record for a period of fourteen (14) days, unless the property is claimed by the owner or an authorized agent of the owner, or the owner or an authorized agent of the owner directs that the property be moved to another designated location. If, after fourteen (14) days, instructions have not been received from the property owner or authorized agent, Contractor may move the property to an alternative storage lot that also meets the physical requirements of the contract.

3.9.2. Contractor shall not charge an additional towing fee in connection with the transfer of property to an alternative storage lot at the Contractor's discretion. Contractor shall not charge a fee to remove property from a storage lot, and shall make the property accessible to the owner or agent for purposes of removal from a storage lot, when the property is claimed by the owner or the owner’s authorized agent.

3.9.3. Contractor shall staff towing property storage facilities for the purpose of contract property release or appraisal Monday through Friday from 8:00 a.m to 6:00 p.m,…