New_Vehicle_Batteries_and_Related_Supplies_-_Axia_Cooperative.pdf

CITY OF TUCSON

REQUEST FOR PROPOSAL

240121

NEW VEHICLE BATTERIES AND RELATED SUPPLIES - AXIA

COOPERATIVE

Due Date: Tuesday, April 2, 2024

City of Tucson

255 W Alameda St

Tucson, AZ 85701

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

Public Portal https://secure.procurenow.com/portal/tucson-az/projects/72328

PUBLISH DATE: March 1, 2024 https://secure.procurenow.com/portal/%7Bproject.government.code%7D https://secure.procurenow.com/portal/%7Bproject.government.code%7D/projects/%7Bproject.id%7D https://secure.procurenow.com/portal/%7Bproject.government.code%7D/projects/%7Bproject.id%7D

CITY OF TUCSON REQUEST FOR PROPOSAL NO. 240121

BUSINESS SERVICES DEPARTMENT Page 2 of 35 SHARED SERVICES PROCUREMENT DIVISION RESPONSIBLE CONTRACT OFFICER: Olga Culp

255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701 PH: (520) 837-3801

Attachments:

A - OFFER_AND_ACCEPTANCE_RFP

C - Axia Cooperative Solicitation Attachments for COT Batteries D - ARPA Attachment F - 240121 RFP Vehicle Batteries questionaire H - 240121 Price Page RFP Vehicle Batteries new

BUSINESS SERVICES DEPARTMENT Page 3 of 35

A. NOTICE

A.1. CITY OF TUCSON

NOTICE OF REQUEST FOR PROPOSAL NO 240121

TITLE: New Vehicle Batteries and Related Supplies - Axia Cooperative

SUBMITTAL DUE DATE: Tuesday, April 2, 2024 AT 2:00 P.M. LOCAL AZ TIME

PRE-SUBMITTAL CONFERENCE DATE: Thursday, March 7, 2024

TIME: 11:00 am LOCAL AZ TIME

LOCATION: https://teams.microsoft.com/l/meetup-join/19%3ameeting_YzQzOWJmYjAtOTA4YS00ZGRiLWJjNmMtOTA3MzZiY2FiYWRj%40thread.v2/ 0?context=%7b%22Tid%22%3a%22d21e59ec-c208-43eb-aaf1-cf06d9a196e0%22%2c%22Oid%22%3a%22add2f19c-51c5-40c6-a494-1e7e841652ba%22%7d

QUESTIONS SHALL BE DIRECTED TO: Olga Culp

(520) 837-3801 olga.culp@tucsonaz.gov

Posted Date: Friday, March 1, 2024

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

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

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

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B. INTRODUCTION

B.1. Summary

The City of Tucson, herein referred to as the City, is requesting proposals from qualified firms to establish an annual requirements contract for New Vehicle Batteries and Related Services, per the Scope of Work to be delivered to various City locations. The City owns a fleet of approximately 2,200 light duty vehicles. This contract will be used primarily by the City’s Fleet Services Division of the Environmental and General Services Department and the Fire Fleet Management.

This contract will include the purchase of new batteries only; reconditioned batteries will not be considered.

This contract may also include installation services. Most of the orders will be warehouse based and will need items shipped to the City. However, there may be times when same day service is required and/or City personnel will pick up items at a Tucson Metropolitan area storefront. How the City acquires the items it buys is at the sole discretion of the City. This contract may result in multiple, positional awards.

B.2. Background

The City changes many of its vehicle batteries on a scheduled basis, within the manufacturer’s warranty period, rather than allowing them to fail. Therefore, offerors are encouraged to propose value-added programs for these “good” batteries and/or the manufacturer’s warranties attached to them.

For example, Group 65 batteries used in marked police units are replaced annually during Preventive Maintenance (PM) service. This process ensures minimal starting failures due to aging batteries in first responder units equipped with additional electronic devices. Through this process, Fleet Services replaces, on average, 700 of Group 65 batteries that have not been run to failure and may still be covered by the manufacturer’s warranty. Fleet Services requires maintenance-free batteries.

Fire Fleet Management requires lead-acid low maintenance batteries and conventional lead-acid batteries that allow for water to be added for their fleet. Fire Fleet Management also requires a minimum 18-month free replacement with a 36-month prorated warranty on all of their batteries purchased. Fire Fleet Management replaces batteries on frontline emergency response vehicles as part of the preventive maintenance program at 12 – 18 month intervals. Consequently, batteries that have been removed during this service may still be covered by the manufacturer’s warranty.

The City of Tucson, as the Lead Procurement Agency, as defined in Attachment C, has partnered with Axia Coop LLC ("Axia Cooperative") to make the resultant contract (“Master Agreement”) from this solicitation available to other public agencies nationally, including state and local governmental entities; public and private primary, secondary and higher education entities; non-profit entities; and agencies for the public benefit (“Public Agencies”), through Axia Cooperative's cooperative purchasing program. The City of Tucson is acting as the contracting agency for any other Public Agency that elects to utilize the resulting Master Agreement. Use of the Master Agreement by any Public Agency is preceded by their registration with Axia Cooperative as a Participating Public Agency in Axia Cooperative's cooperative purchasing program. Attachment A of the Axia Cooperative Document (RFP Attachment A) contains additional information on Axia Cooperative and the cooperative purchasing agreement. Axia Cooperative provides shared services and supply chain optimization to state, local, education, and other governmental entities. Axia Cooperative leverages the spend of public agencies nationwide to command the best prices on products and services. With executive support from the supplier along with pricing and sales commitments, Axia Cooperative provides marketing and administrative support for the Supplier that directly promotes the Supplier's products and services to Participating Public Agencies through multiple

BUSINESS SERVICES DEPARTMENT Page 5 of 35 channels, each designed to promote specific products and services to Public Agencies on a national basis.

Public Agencies benefit from pricing based on aggregate spend and the convenience of a contract that has already been advertised and competed. The Supplier benefits from a contract that allows Participating Public agencies to directly purchase goods and services without the Supplier's need to respond to additional competitive solicitations. As such, the Supplier must be able to accommodate a nationwide demand for services and to fulfill obligations as a nationwide Supplier and respond to the Axia Cooperative documents (Attachment C). The City of Tucson anticipates spending approximately $5,000,000.00 over the full potential Master Agreement term for New Vehicle Batteries and Related Services. While no minimum volume is guaranteed to the Supplier, the estimated annual volume of New Vehicle Batteries and Related Services purchased under the Master Agreement through AXIA Cooperative is approximately $20,000,000.00. This projection is based on the current annual volumes among the Lead Procurement Agency, other Participating Public Agencies that are anticipated to utilize the resulting Master Agreement to be made available to them through AXIA Cooperative, and volume growth into other Public Agencies through a coordinated marketing approach between the Supplier and AXIA Cooperative.

B.3. Contact Information

Olga Culp Contract Officer Email: olga.culp@tucsonaz.gov Phone: (520) 837-3801 Department:

EGSD

B.4. Timeline mailto:olga.culp@tucsonaz.gov tel:(520)837-3801

BUSINESS SERVICES DEPARTMENT Page 6 of 35

Release Project Date March 1, 2024

Pre-Proposal Meeting (Non- Mandatory)

March 7, 2024, 11:00amhttps://teams.microsoft.com/l/meetup-join/19%3ameeting_YzQzOWJmYjAtOTA4YS0 0ZGRiLWJjNmMtOTA3MzZiY2FiYWRj%40thre ad.v2/0?context=%7b%22Tid%22%3a%22d21 e59ec-c208-43eb-aaf1-cf06d9a196e0%22%2c%22Oid%22%3a%22ad d2f19c-51c5-40c6-a494- 1e7e841652ba%22%7d

Question Submission Deadline March 14, 2024, 4:30pm

Proposal Submission Deadline April 2, 2024, 2:00pm https://teams.microsoft.com/l/meetup-join/19%3ameeting_YzQzOWJmYjAtOTA4YS00ZGRiLWJjNmMtOTA3MzZiY2FiYWRj%40thread.v2/0?context=%7b%22Tid%22%3a%22d21e59ec-c208-43eb-aaf1-cf06d9a196e0%22%2c%22Oid%22%3a%22add2f19c-51c5-40c6-a494-1e7e841652ba%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_YzQzOWJmYjAtOTA4YS00ZGRiLWJjNmMtOTA3MzZiY2FiYWRj%40thread.v2/0?context=%7b%22Tid%22%3a%22d21e59ec-c208-43eb-aaf1-cf06d9a196e0%22%2c%22Oid%22%3a%22add2f19c-51c5-40c6-a494-1e7e841652ba%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_YzQzOWJmYjAtOTA4YS00ZGRiLWJjNmMtOTA3MzZiY2FiYWRj%40thread.v2/0?context=%7b%22Tid%22%3a%22d21e59ec-c208-43eb-aaf1-cf06d9a196e0%22%2c%22Oid%22%3a%22add2f19c-51c5-40c6-a494-1e7e841652ba%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_YzQzOWJmYjAtOTA4YS00ZGRiLWJjNmMtOTA3MzZiY2FiYWRj%40thread.v2/0?context=%7b%22Tid%22%3a%22d21e59ec-c208-43eb-aaf1-cf06d9a196e0%22%2c%22Oid%22%3a%22add2f19c-51c5-40c6-a494-1e7e841652ba%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_YzQzOWJmYjAtOTA4YS00ZGRiLWJjNmMtOTA3MzZiY2FiYWRj%40thread.v2/0?context=%7b%22Tid%22%3a%22d21e59ec-c208-43eb-aaf1-cf06d9a196e0%22%2c%22Oid%22%3a%22add2f19c-51c5-40c6-a494-1e7e841652ba%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_YzQzOWJmYjAtOTA4YS00ZGRiLWJjNmMtOTA3MzZiY2FiYWRj%40thread.v2/0?context=%7b%22Tid%22%3a%22d21e59ec-c208-43eb-aaf1-cf06d9a196e0%22%2c%22Oid%22%3a%22add2f19c-51c5-40c6-a494-1e7e841652ba%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_YzQzOWJmYjAtOTA4YS00ZGRiLWJjNmMtOTA3MzZiY2FiYWRj%40thread.v2/0?context=%7b%22Tid%22%3a%22d21e59ec-c208-43eb-aaf1-cf06d9a196e0%22%2c%22Oid%22%3a%22add2f19c-51c5-40c6-a494-1e7e841652ba%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_YzQzOWJmYjAtOTA4YS00ZGRiLWJjNmMtOTA3MzZiY2FiYWRj%40thread.v2/0?context=%7b%22Tid%22%3a%22d21e59ec-c208-43eb-aaf1-cf06d9a196e0%22%2c%22Oid%22%3a%22add2f19c-51c5-40c6-a494-1e7e841652ba%22%7d

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C. SCOPE OF WORK

C.1. PRODUCT REQUIREMENTS

A. INVENTORY: The City of Tucson has an ongoing requirement for the material indicated in this solicitation. It is an express condition of any award that the contractor shall maintain a reasonable stock on hand for delivery to the requesting agency. Failure to maintain such a stock may result in cancellation of the contract. All batteries used in this contract must be new, not remanufactured or refurbished.

B. BATTERY MANUFACTURER DATE: Batteries sold and delivered to the City of Tucson shall be manufactured within thirty (30) days of purchase. Failure to provide the City with batteries manufactured with thirty (30) days of purchase could be cause for possible termination of contract.

C. NON-OEM PARTS: The City of Tucson reserves the right to purchase any replacement parts which are not completely made or processed by the original equipment manufacturer. This may be done when it is determined the quality and prices are advantageous to the City.

D. QUALIFIED VENDORS- Offerors should meet the following minimum qualifications:

1. A full range of battery products, solutions, and related services to meet varying requirements of governmental agencies.

2. Have a strong national presence as a battery and related and solutions provider.

3. Have a distribution model capable of delivering products, free of charge, in a timely manner on a nationwide basis.

4. Have demonstrated sales support and marketing capability.

5. Ability to provide a toll-free telephone and state of the art electronic ordering and billing capabilities. Be able to meet the minimum requirements of the cooperative purchasing program detailed in attachment herein and in Attachment C.

E. ORDER QUANTITIES: The quantities ordered at any given time may vary based upon the usage at that time. The City cannot guarantee to order in standard industry package quantities. For example, if an item is typically packaged in sets of 12, and if the City has a current need of only 5, the order will be placed for 5 each. The City of Tucson reserves the right to have Stock and Non-Stock items to be placed in “Will Call” so that a designated representative may pick up the item(s) if it is deemed necessary.

F. ON-LINE ORDERING: The City of Tucson’s preference is to place orders for automotive parts utilizing an on-line website.

G. PARTS INSPECTION: All parts provided from the Contractor’s shop shall be inspected by the Fleet Services Administrator, Fleet Services Superintendent, Fire Maintenance Superintendent or their agent(s) upon receipt. Any parts determined by the City Representative to be unsuitable for service shall be returned to the contractor at no cost to the City.

H. RE-STOCKING FEES: If applicable, re-stocking fees may be charged when “Special Order Items” are returned to the Contractor. The Contractor shall submit supporting documentation that clearly demonstrates the reason for the re-stocking fee. The City’s Fleet Services Division will review and determine if the re-stocking fee is applicable. For items that are regularly stocked and are in the Contractor’s current inventory, the Contractor shall not charge the City a re-stocking fee for returned “Stocked Items”.

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C.2. SERVICE REQUIREMENTS

A. REBATE PROGRAM: As described in the Introduction section of this RFP, the City of Tucson replaces batteries in much of its fleet on a regular basis, rather than allowing batteries in these vehicles to fail. The result is that many batteries have life remaining. As a result, the City is interested in offers that propose a return of some value to the City. Proposals may include, but are not limited to, rebate programs, discount programs, resale programs and account credit programs.

B. PARTS DELIVERY: Delivery is an important consideration and will be a factor in the determination of an award. The Contractor shall deliver ordered parts in a timely manner and pick up returns on a routine basis.

Delivery of “Stock Items” shall be delivered within one (1) business day after an order has been initiated by Fleet Services, either by phone or email. All Items, Stock, Non-Stock and Special Order items, shall be delivered to Auto Stores, 4004 South Park Avenue, Building No. 2, Door O, Tucson, Arizona, 85714.

C. OTHER SERVICES: Offerors are encouraged to offer value-added services not included in above categories.

C.3. GENERAL REQUIREMENTS

A. CUSTOMER SUPPORT SERVICES: Offerors must have procedures in place regarding product replacements, returns, restocking charges, after sales support, out of stock tracking, order tracing, technical assistance and feedback, quality assurance for orders and drop shipments.

B. DEFECTIVE PRODUCT: All defective products shall be replaced and exchanged by the Contractor. The cost of transportation, unpacking, inspection, re-packing, re-shipping or other like expenses shall be paid by the Contractor. All replacement products must be received by the City within seven (7) days of initial notification.

C. ESTIMATED QUANTITIES: The estimated annual dollar values listed on the Price Page are estimates only and the City reserves the right to increase or decrease amounts as circumstances may require.

D. FACILITY INSPECTION: The City reserves the right to visit the Contractor’s facility at any time after the award to determine compliance with the City’s requirements and/or contract. Any visit shall be during normal business hours.

E. INVOICES: The City Supplier Contract number (SCON) shall be shown on all invoices and related documents. Invoices for Parts shall be delivered with the parts order at the time of part delivery. Additionally, Contractor may also email invoices within one (1) business day to Auto Stores email address: auto-logistics@tucsonaz.gov Additionally, an original copy of the invoice must be sent to:

Accounting – Accounts Payable

P.O. Box 27210

Tucson, AZ 85726-7210

F. CORE CHARGES: The City of Tucson shall not be charged a core charge on invoices. It shall be the responsibility of the Contractor to track their core charges. The Contractor’s core charge amount listed on the Price Page is an established contract price. (Fleet-Auto Stores) Cores must be picked up on a set day of the week-every two weeks. Including work arounds mailto:autostores@tucsonaz.gov

BUSINESS SERVICES DEPARTMENT Page 9 of 35 for unforeseen circumstances. Bi-weekly communications with City of Tucson Staff relating to pick up of cores.

G. SDS FOR HAZARDOUS SUBSTANCES: Contractor shall furnish Safety Data Sheets for all products required by OSHA Hazard Communications Regulations per 29 CFR Part 1910.1200 upon request.

H. USAGE REPORT: The Contractor shall provide an electronic copy of a usage report to the Department of Procurement. The report shall be sent after eleven (11) months of the Contract term or earlier upon request. The report shall provide complete information on the quantity, description and total sales of items purchased under this Contract for the most recent contract period.

I. WARRANTY: Offeror shall warrant that all equipment and parts furnished in their bid/offer are newly manufactured and free from defects in material and workmanship for no less than one (1) year from the date the equipment is delivered or installed. Warranty shall also guarantee accepted trade standards of quality, fitness for the intended uses, and conformance to promises or specified specifications. No other express or implied warranty shall eliminate the contractor’s liability as stated herein.

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D. OFFER EVALUATION AND CONTRACT AWARD

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

A. Price Proposal

B. Method of Approach

C. Qualifications and Experience

D. Rebate Proposal

D.2. INTERVIEWS

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

D.3. ADDITIONAL INVESTIGATIONS

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

D.4. OTHER INFORMATION

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

D.5. PRICE

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

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

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

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

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

A. Waive any immaterial defect or informality; or

B. Reject any or all submittals, or portions thereof; or

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C. Reissue the solicitation.

D.7. CONTRACT NEGOTIATIONS

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

D.8. AWARD OF CONTRACT

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

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

D.9. MULTIPLE AWARDS

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

D.10. SUBMITTAL RESULTS

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

D.11. PROTESTS

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

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

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

B. The signature of the protestant or its representative;

C. The solicitation or Contract number;

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

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

E. The form of relief requested.

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E. EVALUATION PHASES

No. Evaluation Criteria Scoring Method

Weight (Points)

1. Price Proposal Note: Instructions for completion of Price Page: Offeror must complete and submit a response to Section 1 and Section 2 in order for the Price Proposal to be considered for evaluation and possible award.

PRICE LIST: “PRICE LIST” SHALL BE UNDERSTOOD TO MEAN EITHER THE

ORIGINAL EQUIPMENT MANUFACTURER’S (OEM) PUBLISHED LIST OR

COST LIST.

A. A copy of the referenced price list or cost list and the applicable catalog(s) shall be enclosed with the offer. The Offeror shall provide part prices based on either:

1. the percentage discount off a referenced manufacturer’s price list; or

2. the markup on a referenced manufacturers cost list.

B. One (1) complete current price list shall be furnished with the proposal. The price list may be submitted in a printed or electronic format. If there are other circumstances that the City should be made aware of as to why a price list cannot be submitted, the offeror shall attach a letter with the offer.

C. Price/cost list, manual or electronic, must be kept up to date as the discount applies to current price/cost list. For the purpose of this contract, the definition of “current” price/cost list or electronic format shall be the last price list received by Fleet Services Division.

Section 1: PRICE LISTS FOR ALL PRODUCTS Submit electronic price lists for all products that are offered in response to Request for Proposal #240121 Vehicle Batteries and Related Supplies.

Section 2: PRICE PAGE Complete and submit Price Page, attachment H.

N/A N/A

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2. Method of Approach

A. Does your firm meet the Product Requirements as listed in the Scope of Work?

_____Yes ____No

B. Does your firm meet the General Requirements as listed in the Scope of Work? _____Yes _____No

C. Complete the Offeror Questionnaire for Various Lead Acid Batteries, as provided on Attachment F. If appropriate, submit additional documentation showing proposed products’ compliance with specifications.

D. Provide a response to the Axia Cooperative Solicitation Attachment C.

1. Include the following detailed response to Attachment C, Exhibit A

a. Acknowledge section 2.0-2.3 by initialing this section.

b. Provide a written response to Section 3.0 through 3.3, Axia Cooperative Response for National Cooperative Contract.

i. Responses should highlight experience, demonstrate national presence, describe how offeror will educate its national sales force about the contract, describe how products and services will be distributed nationwide, include a plan for marketing the products and services nationwide, and describe how volume will be tracked and reported to Axia Cooperative.

c. The successful offeror will be required to sign (in Attachment C), Exhibit B, Axia Cooperative Administration Agreement.

d. Offerors should review exhibit B and should include any proposed exceptions to the Axia Cooperative Administration Agreement with their response.

e. The successful offeror is required to complete and sign (in Attachment C) Exhibit G – Federal Funds Certification.

f. Include a response to Exhibit H – New Jersey Business Compliance if you intend to utilize the resulting cooperative award to do business with agencies in New Jersey.

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3. Qualifications & Experience

A. Company Information: Please provide a general overview of your company, to include the following items:

1. Number of years in business:

2. Headquarters location:

3. Main type of business:

4. Principal place of business

5. Number of employees:

B. Has your company, either presently or in the past, been involved in any litigation, bankruptcy, or reorganization? Yes No

1. If yes, please provide a brief explanation

C. Provide a minimum of three (3) references for which your company has provided the same types of products (please include company name, address, contact person, phone number, and email address). References from other public agencies, particularly municipal governments, are preferred.

D. Will your firm assign a sales/service representative or a single point of contact for the City? Yes_____ No_____

E. Provide the requested information and a statement of qualifications or resume for each key personnel who will work with the City.

N/A N/A

4. Rebate Proposal As described in the Introduction section of this RFP, the City of Tucson replaces batteries in much of its fleet on a regular basis, rather than allowing batteries in these vehicles to fail. The result is that many batteries have life remaining. As a result, the City is interested in offers that propose a return of some value to the City. Proposals may include, but are not limited to, rebate programs, discount programs, resale programs and account credit programs.

Please provide a detailed description of the value program proposed.

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F. INSTRUCTIONS TO OFFERORS

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

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

City:The City of Tucson, Arizona

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

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

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

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

May: Indicates something that is not mandatory but permissible.

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

Must: The action or condition is required.

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

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

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

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

F.2. PRE-SUBMITTAL MEETING

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

F.3. INQUIRIES

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

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

F.4. ADDENDUM OF SOLICITATION

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

F.5. UNDERSTANDING SCOPE OF WORK

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

F.6. PREPARATION OF OFFER

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

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

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

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

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

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

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

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

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

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

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

F.7. PAYMENT DISCOUNTS

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

F.8. TAXES

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

F.9. EXCEPTIONS TO CONTRACT PROVISIONS

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

F.10. PUBLIC RECORD

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

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

F.11. CONFIDENTIAL INFORMATION

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

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

F.12. WHEN AND HOW TO SUBMIT OFFERS

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

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

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

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

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

DEADLINE WILL NOT BE CONSIDERED.

F.13. CERTIFICATION OF NONCOLLUSION; CONFLICTS OF INTEREST

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

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

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

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

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

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

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F.14. WITHDRAWAL OF OFFER; BINDING OFFER

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

Telephonic or oral withdrawals are not effective.

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

F.15. DISCUSSIONS

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

F.16. VENDOR REGISTRATION; BUSINESS LICENSE

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

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

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

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

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G. SPECIAL TERMS AND CONDITIONS

G.1. ADDITIONAL PURCHASE

The City of Tucson reserves the right to purchase additional equipment under the same terms and conditions of this contract within the next twelve months, if funds permit.

G.2. FOB DESTINATION FREIGHT PREPAID

Prices shall be FOB Destination Freight Prepaid to the delivery location designated. Contractor shall retain title and control of all goods until they are delivered and the Contract of coverage has been completed. All risk of transportation and all related charges shall be the responsibility of the Contractor.

All claims for visible or concealed damage shall be filed by the Contractor. The City will assist the Contractor in arranging for inspection.

G.3. PRICE ADJUSTMENT

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

G.4. SUBSTITUTE ITEMS

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

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

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

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

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

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

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

G.5. TERM AND RENEWAL

The term of the Contract will commence when awarded to Contractor and remain in effect for a period of Three (3) years, unless terminated, canceled or extended as otherwise provided herein. The City may, at its sole option, extend the Contract's term for up to Two (2) additional one-year periods or portions thereof.

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H. VENDOR QUESTIONNAIRE

H.1. Discounts As stated in the Instructions to Offerors. Discounts, the price(s) herein can be discounted by _______%, if payment is made within ______ days. These payment terms shall apply to all purchases and to all payment methods.

H.2. City of Tucson Business License Does your firm have a City of Tucson Business License?

If yes, please provide a copy of your City of Tucson Business license in the next question.

City of Tucson Business License If yes on the above question please upload your business license.

H.3. Forms to be filled out Please ensure that all required information is included with your offer.

A. Technical Proposal

B. Pricing Proposal

C. Offer and Acceptance Form

Technical Proposal* Please upload your Vendor Response to Evaluation Criteria.

*Response required

Pricing Proposal* Please upload your Pricing Proposal (if applicable).

*Response required

Offer and Acceptance Form* Please upload the signed Offer and Acceptance Form.

*Response required

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I. INSURANCE REQUIREMENTS

I.1. Required Insurance Policies

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

I.2. Commercial General Liability

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

A. Each Occurrence: $1,000,000

B. General Aggregate: $2,000,000

C. Products & Completed Operations Aggregate: $2,000,000

D. Personal and Advertising Injury: $1,000,000

E. Blanket Contractual Liability: $1,000,000

I.3. Commercial Automobile Liability

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

I.4. Worker's Compensation

Policy must have coverage limits no lower than:

A. Per Occurrence: Statutory

B. Employer's Liability: $1,000,000

C. Disease Each Employee: $1,000,000

D. Disease Policy Limit: $1,000,000

E. [If Contractor is a Sole Proprietor, include this waiver provision under A.R.S. § 23-961(M). To determine whether the Contractor is a Sole Proprietor, please request the Sole Proprietor/Independent Contractor form from the Contract Officer listed in the solicitation.] I am a sole proprietor, and I am doing business as [name of sole proprietor business]. I am performing work as an independent contractor for the City of Tucson. I am not the employee of the City of Tucson for workers' compensation purposes, and, therefore, I am not entitled to workers' compensation benefits from the City. I understand that if I have any employees working for me, I must maintain workers' compensation insurance on them.

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I.5. Policy Change Notice

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

I.6. Additional Insured

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

I.7. Claims-Made Coverage

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

I.8. Additional Requirements

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

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

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

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

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

I.9. Verification of Coverage

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

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

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

D. The City reserves the right to require complete copies of all insurance policies required by this Contract at any time.

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I.10. Subcontractors

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

I.11. Public Entities

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

I.12. Sufficiency of Coverage

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

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J. STANDARD TERMS AND CONDITIONS

J.1. ADVERTISING

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

J.2. COMPLIANCE WITH LAWS

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

A. Americans with Disabilities Act. Contractor will comply with all applicable provisions of the Americans with Disabilities Act (Public Law 101-336, 42 U.S.C. 12101 -- 12213) and applicable Federal regulations under the Act, including 28 CFR Parts 35 and 36.

B. Workers’ Rights Laws. Contractor will comply with all applicable provisions of Federal and State Child Labor and Workers’ Rights laws and agrees if…