INVITATION FOR BID

IFB-26-0067

ODOR CONTROL SERVICES

CITY OF PHOENIX

FINANCE CENTRAL PROCUREMENT

251 W WASHINGTON STREET

PHOENIX, AZ

85003

RELEASE DATE: March 5, 2026

DEADLINE FOR QUESTIONS: March 19, 2026

RESPONSE DEADLINE: April 3, 2026, 2:00 pm

City of Phoenix

INVITATION FOR BID

IFB-26-0067

Odor Control 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

B - Supplemental Terms & Conditions: Airport Agreements

Invitation For Bid #IFB-26-0067 Title: Odor Control Services

1. Introduction

1.1. Contact Information

Margaret Worrall

Finance Central Procurement

Email: margaret.worrall@phoenix.gov

Phone: (602) 262-6451

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 (Margaret Worrall) at (602) 262-6451/Voice or 711/TTY, or margaret.worrall@phoenix.gov, no later than two (2) weeks prior to the meeting.

Solicitation Issue Date: March 5, 2026

Pre-Offer Conference (Non-Mandatory): March 17, 2026, 2:00pm

Registration link:

https://cityofphoenix.webex.com/weblink/reg ister/r88bed63866ac732bc9f4c0868594bae

Written Inquiries Due Date: March 19, 2026, 2:00pm

Question Response Deadline: March 25, 2026, 4:00pm

Offer Due Date: April 3, 2026, 2:00pm

Please note: registration or RSVP to participate in the Pre-Offer Conference is required in order to obtain the Pre-Offer Conference meeting information. An Offeror who wishes to join the Pre-

Offer Conference for this solicitation is required to register using the weblink or access code provided prior to the meeting. Upon completion of registration, the Pre-Offer Conference meeting information will be forwarded to the registered email address.

https://cityofphoenix.webex.com/weblink/register/r88bed63866ac732bc9f4c0868594bae5 https://cityofphoenix.webex.com/weblink/register/r88bed63866ac732bc9f4c0868594bae5 https://cityofphoenix.webex.com/weblink/register/r88bed63866ac732bc9f4c0868594bae5

2. Instructions

2.1. Preparation of Offer

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

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

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

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 No offer will be altered, amended or withdrawn after the specified offer due date and time.

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

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

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

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

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

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

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

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

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.

2.2. Fixed Offer Price Period

All offers shall be firm and fixed for a period of 180 calendar days from the solicitation opening date.

2.3. Delivery

Delivery is an important consideration and will be a factor in determining the award. A delivery time after receipt of order (ARO) must be stated in definite terms. Should there be variations in delivery times by item, the submittal should be clear concerning these variations.

2.4. Obtaining a Copy of the Solicitation and Addenda

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

Procurement Portal: https://procurement.opengov.com/portal/phoenix/projects/184792. 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 85003. It is the Offeror’s responsibility to check the City's Procurement Portal, read the entire solicitation, and verify all required information is submitted with their Offer.

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 Procurement

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

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

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

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 https://procurement.opengov.com/portal/phoenix/projects/184792 addendum. The Offeror must acknowledge receipt of any/all addenda through the City's

Procurement Portal.

2.8. 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.

2.9. 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.

2.10. Submission of Offer

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

City Department’s clock.

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

Response” via https://procurement.opengov.com/portal/phoenix/projects/184792. Offerors that are unable to submit electronically should contact the Procurement Officer to discuss the logistics of hard copy submittals. Offerors must be registered with OpenGov by signing up via https://procurement.opengov.com/signup. Vendor training guides can be found at: https://opengov.my.site.com/support/s/article/ca6d1285-1e48-4a21-bb0d-715edb7794ed

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

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

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

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

https://procurement.opengov.com/portal/phoenix/projects/184792 https://procurement.opengov.com/signup https://opengov.my.site.com/support/s/article/ca6d1285-1e48-4a21-bb0d-715edb7794ed

2.11. 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

Procurement Portal.

2.12. Offer Results

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

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

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

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

https://procurement.opengov.com/portal/phoenix/projects/184792 within five business days of the offer opening. The City will post the information on the preliminary tabulation as it was read during the offer opening. The City makes no guarantee as to the accuracy of any information on the preliminary tabulation. Once the City has evaluated the offers, the City will post an award recommendation on the City's Procurement Portal. By signing and submitting its Offer, each

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

2.13. 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 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 agreement. Insurance requirements are non-negotiable.

2.14. Minimum Qualifications

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

A. Offeror must have been in operation a minimum of 5 years. The Offeror’s normal business activity during the past 5 years will have been for providing the goods or services in this solicitation

B. Proposed products and services must meet or exceed the minimum level of all features listed in this solicitation.

https://procurement.opengov.com/portal/phoenix/projects/184792

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

City’s full and final discretion.

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

Not later than the Effective Date of this Contract, Contractor shall deliver to City a performance guarantee in the amount of NO VALUE. Contractor must maintain the performance guarantee for the entire Term of this Contract. The performance guarantee secures payment of all fees and any other amounts owed by Contractor to the City under this Contract and secures the performance of all of the Contractor’s obligations under this Contract. City will not pay interest to

Contractor on the performance guarantee.

A. Guarantee Instrument: If the performance guarantee is in the form of an irrevocable standby letter of credit (LOC), then the Contractor shall use the City’s LOC Form, attached hereto and marked Exhibit X. The LOC shall be issued by either: (1) a financial institution with counters in the Phoenix metropolitan area at which the City may make draws on the LOC; or (2) a financial institution with headquarters in the United States on which City may make telefacsimile draws. Unless the City receives a written extension of the LOC in a form acceptable to the City at least sixty (60) days before the end of the term of the LOC, the City, without notice to Contractor, may draw upon the full amount of the LOC and retain all proceeds as a cash Performance Guarantee. Any changes to the

LOC required provisions must be approved in advance by the Aviation Department

Director. If the Performance Guarantee is in the form of cash, Contractor shall deliver to the City a completed Cash Deposit for Performance Guarantee Form attached hereto and marked Exhibit X. If the Performance Guarantee 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.

B. Duty to Restore: The Performance Guarantee insures the full and timely performance by Contractor of all its obligations under this Contract and is security for payment by

Contractor of all claims by City. City may draw on or make a claim against the performance guarantee if Contractor breaches or fails to perform under this Contract. If

City draws on or makes a claim against the performance guarantee, then Contractor, upon demand from City, shall replenish the performance guarantee to its previous amount within thirty (30) days of City’s draw or claim.

C. Return: After the expiration or earlier termination of this Contract, City will return the performance guarantee to Contractor less any Fees, Additional Payment, or any other amount due to City.

2.24. Contract Award

In accordance with the City of Phoenix Code, Chapter 43, Section 43-12, Competitive Sealed

Bidding, award(s) shall be made to the lowest responsive and responsible offeror(s) whose offer conforms in all material respects to the requirements set forth in this solicitation. 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 any required minimum qualifications, and 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 will render an Offer nonresponsive.

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

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.

3. Scope of Work

3.1. Objective

Contractor shall furnish all labor, equipment, materials, tools, transportation, transportation permits, and supervision necessary to furnish, install, and maintain odor control devices in various City facilities for a five-year period starting on or about July 1, 2026, in accordance with provisions, terms and conditions, and specifications of this solicitation. Services required include the use of a variety of scented deodorants, counteractants, and dispensers of various sizes and functions. Contract shall identify methods to best provide total coverage as required by the

Facility Coordinator.

The City of Phoenix has adopted a pollution prevention policy to provide sound environmental stewardship, protect human health, reduce operating expenses associated with the use of hazardous materials, and reduce potential liability to the city. The policy reflects our environmentally preferable purchasing (EPP) initiative. "Environmentally preferred" means products or services that have a lesser or reduced effect on human health and the environment when compared with competing products or services that serve the same purpose. The comparison considers the potential employee health and environmental effects of a product, as well as special handling requirements and disposal costs.

3.2. Specifications

The odor control devices must meet the minimum following specifications. Any changes to existing dispensers must be approved in advance by the department facility coordinator.

A. Designed with battery-operated fans

B. Wall-mounted with screws

1. Alternative methods, such as adhesive tape, may be used with prior approval from the contract manager, but they must not cause damage when applied

2. The contractor is responsible for the repair of any damage caused by the improper installation of devices

C. Dimensions should be between 8" H x 4" W x 3" D and 10" H x 5" W x 5" D

D. Constructed of heavy, solid plastic and available in multiple colors to match or coordinate with the decor of the facility as specified by the city representative

E. Designed to hold scented deodorant and neutralize 5,000 to 9,000 cubic feet of interior space for a 30-day period of time

F. Vandal resistant

3.3. General Requirements

The products that are selected for use in this contract should avoid physical and health hazards.

Bidders are encouraged to use the chemical product safety data sheets (SDS) provided by manufacturers to make this determination. Acceptable products shall adhere to the following criteria and apply to all chemicals used for this contract:

A. Chemical constituents not listed as SARA Title III, Section 313 chemicals;

B. Chemicals with less than 0.5% phosphorous-containing constituents;

C. Corrosivity (pH) greater than 2 and less than 12.5;

D. Flashpoint greater than 150 degrees Fahrenheit;

E. No carcinogenic, mutagenic, or teratogenic constituents;

F. All products shall meet the applicable national standards for volatile organic compound

(VOC) emissions for consumer products as defined in the Code of Federal Regulations, 40 CFR part 59, subpart C, sections 201-214

1. The City maintains the right to request that offerors supply certification of compliance from the manufacturer

2. Information on the amount of VOCs contained in a product can be obtained from the product manufacturer and, in some cases, may be found under "physical/chemical characteristics" (typically section III) of the MSDS;

G. All products must be delivered in a non-aerosol formulation, such as ready-to-use pump dispensed into spray bottles for use;

1. Aerosol sprays typically emit more VOCs and contribute to ozone air pollution

2. Optional metered aerosol sprays for Aviation and the Phoenix Convention Center are to be VOC-exempt, non-flammable, with high fragrance load, and approved by appropriate management;

H. Propelled air scents shall not cause any buildup on floors or cause a slippery surface;

I. Contractor must be knowledgeable and experienced in determining the proper methods to eliminate all types of odors, including transient odors;

J. Contractor's staff must be trained to provide effective odor control and aroma conditioning in areas such as restrooms, locker rooms, hallways, offices, and lounges.

1. This shall include knowledge of how to combat odor-causing bacteria and which scents are best suited for use in specialized areas.

3.4. Air Control and Units

The City of Phoenix is typically a hot and dry environment that may impact standard deodorant products.

A. The contractor shall have the ability to customize fragrance that provides neutralizing to maintain the freshness on a continuous basis or service the units more frequently at no additional cost to the city.

B. The contractor shall have a selection of no fewer than fifty (50) scents and shall change scents based on the requirements of the building tenants at no additional cost to the

City.

1. Deodorant fragrances must have as an active ingredient an odor counteractant that eliminates odors without masking them

C. Deodorant fragrances must be either solid or liquid refills, and not packaged in gel form, designed for continuous protection from odors.

1. Optional metered aerosol sprays for Aviation and the Phoenix Convention Center to be VOC-exempt, nonflammable, with high fragrance load, and are to be approved by appropriate management.

2. Odorless control units may be required in some facilities for those who may have allergies or lung disorders.

D. The Contractor shall provide installation and service for Air-Max TM or comparable dispensers when required.

1. There are currently eight (8) units in place citywide.

2. Dispensers shall be placed in areas to provide maximum coverage that are inaccessible to the public.

3. Dispensers shall be battery-operated with a fan designed to disperse deodorizing fragrance over a wide area of a facility.

4. Contractor shall provide free use of dispensers, install, maintain, repair or replace units as needed, and furnish all batteries for each dispenser installed in a serviced facility.

5. The price billed for these units will be based on the number of air packets used in each unit.

E. Monthly service price must include all costs identified herein, in addition to labor.

1. At the end, or upon completion, of the contract, the exiting Contractor shall remove all units in coordination with the next awarded Contractor.

F. The Contractor shall service each facility a minimum of once per month. Schedules will be determined by each individual Department following contract award.

G. The Contractor shall prepare a delivery ticket showing the time and date of service and shall obtain the signature of an authorized City representative as proof of delivery.

1. Upon request, a copy of the receipt shall be furnished by the Contractor.

H. All fragrant deodorant products shall be environmentally safe, as allergy-free as possible, and with no toxins that may contaminate the air.

1. Contractor must provide written documentation that the products used meet this criteria before installing them in any City facility.

2. Proof shall consist of a Safety Data Sheet (SDS) and manufacturer's literature that lists the active ingredients and appropriate recommended usages.

3. During the term of the agreement, the City will be the sole judge as to the acceptability of alternate products (See Section 2.1 Instructions, Paragraph F).

4. Should multiple SDS be applicable due to variation in fragrance, an SDS for each product must be provided (for up to 50 fragrances).

I. Any deviation from products identified and accepted by the City is prohibited.

1. Only changes authorized by the Department Representative may be used and only after approval by the Human Resources Department Industrial Hygienist.

2. Documentation for deviation of products during the term of the contract must follow the documentation requirements listed in section 2 Instruction, paragraph 2.1, subparagraph F.

J. The Contractor agrees to exchange the deodorant scent and/or service the units within two (2) business days in the event personnel in the area are sensitive to the scent, or if a unit needs repair or service.

1. The Contractor shall replace defective units if necessary, without additional charge to the City.

2. The City shall not be responsible for loss of or damage to Contractor-provided units.

K. Metered Mist Odor Control for Aviation and Phoenix Convention Center: The

Aviation Department and Phoenix Convention Center reserve the right to review which option it believes to be in their best interest. They may: 1) select metered mist odor devices, 2) select the odor control devices initially specified, or 3) a combination of both types of devices.

1. Aviation

a. Dispenser: metered odor control unit that is lockable, touch-free, versatile, and can be easily programmed to meet the odor control needs of any space.

Dispenser must have a warranty.

b. Fragrances: non-flammable propellant, biodegradable, VOC-exempt, and highly concentrated fragrance.

2. Phoenix Convention Center (PCC)

a. Dispenser: measures 240mm in height, 85 mm in width, and 96mm in depth.

Programmable with a start time, a stop time, spraying intervals, and may be programmed by 5 or 7 days per week.

b. Fragrances: non-flammable propellant, biodegradable, VOC-exempt, and highly concentrated fragrance.

3.5. Deliverables

Item No. Description Estimated Average

Annual Quantity

1. Odor Control Device - Liquid & Solid Wafer 2,750

2. Optional Metered Mist - Aviation 80

3. Optional Metered Mist - Phoenix Convention Center 1,200

4. Odor Control Device - Phantom HVAC Unit 30

5. Optional Metered Mist - All Departments 750

6. Scent Refill for Larger Diffuser Dispenser - All Departments 750

City departments will determine what type of odor control device(s) will be placed at each location at the time of award.

3.6. Locations: Odor Control Sites, General

This section lists service sites by City department. Sites may be added or removed from service, as necessary, during the course of this contract.

Service Sites and Estimated Number of Units Serviced Monthly: The number of units identified to the right of the location and address indicates the most current information to date.

City Clerk Department

1. Printing and Design Services 2640 S. 22nd Avenue 5 units

Fire Department

2. Special Operations 2430 S. 22nd Avenue 6 units

3. Fire Battalion 2 4247 N. 32nd Street 4 units

4. Fire Battalion 3 4010 N. 63rd Avenue 6 units

5. Fire North District 2501 W. Morningside Drive 3 units

6. Fire Operations 150 S. 12th Street 23 units

7. Support Services 2625 S. 19th Avenue 2 units

8. Fire Training Academy 2425 W. Lower Buckeye Road 47 units

Human Services Department

9. Devonshire Senior Center 2802 E. Devonshire Avenue 9 units

10. Family Advocacy Center 2120 N. Central Avenue 8 units

11. Family Service Center John F. Long 3454 N. 51st Avenue 11 units

12. Family Service Center Sunnyslope 914 W. Hatcher Road 10 units

13. Family Service Center Travis L. Williams 4732 S. Central Avenue 7 units

14. Family Service Central Phoenix 1250 S. 7th Avenue 7 units

15. Fire Emergency Medical Service 1818 S. 16th Street 6 units

16. Helen Drake Senior Center 7600 N. 27th Avenue 3 units

17. Marcos De Niza Senior Center 305 W. Pima Street 4 units

18. Shadow Mountain Senior Center 3546 E. Sweetwater Avenue 4 units

19. Adam Diaz Senior Center 4115 W. Thomas Road 5 units

20. Chinese Senior Center 734 W. Elm Street 7 units

21. McDowell Place Senior Center 1845 E. McDowell Road 5 units

22. Senior Opportunities West Senior Center 1220 S. 7th Avenue 10 units

Library Department

23. Burton Barr Central Library 1221 N. Central Avenue 21 units

24. Cholla Library 10050 Metro Parkway E. 7 units

25. Juniper Library 1825 W. Union Hills Drive 1 unit

26. Mesquite Library 4525 Paradise Village Parkway N. 3 units

27. Ocotillo Library 102 W. Southern Avenue 2 units

28. Palo Verde Branch Library 4402 N. 51st Avenue 3 units

29. Saguaro Library 2808 N. 46th Street 2 units

30. Yucca Library 5648 N. 15th Avenue 7 units

31. Cesar Chavez Library 3635 W Baseline Road 4 units

32. Harmon Library 1325 S. 5th Avenue 4 units

33. Ironwood Library 4333 E. Chandler Boulevard 3 units

3.7. Locations: Odor Control Sites, High Security

This section lists service sites by City department. Sites may be added or removed from service, as necessary, during the course of this contract.

Service Sites and Estimated Number of Units Serviced Monthly: The number of units identified to the right of the location and address indicates the most current information to date.

Police Department

34. Ahwatukee Police 4053 E. Mountain Sky Avenue 4 units

35. Cactus Park 12220 N. 39th Avenue 14 units

36. Central City 1902 S. 16th Street 11 units

37. Desert Horizon 6030 N. 56th Street 9 units

38. South Mountain 400 W. Southern Avenue 12 units

39. Southern Command 443 S. Central Avenue 11 units

40. Ahwatukee (Pecos) Substation 17010 S. 48th Street 2 units

41. Cactus Park 12220 N. 39th Avenue 2 units

42. Central City 1902 S. 16th Street 2 units

43. Deer Valley Air Support 102 E. Deer Valley Drive 4 units

44. Desert Horizon 16030 N. 56th Street 2 units

45. South Mountain 400 W. Southern Avenue 2 units

46. Southern Command 3443 S. Central Avenue 2 units

47. Jefferson Street Garage 333 E. Jefferson Street 2 units

48. Vision Partnership Undisclosed Location 9 units

49. MDC/SVD 425 E. Buckeye Road 2 units

Water Department

50. 23rd Ave WWTP 2470 S. 22nd Avenue 15 units

51. 24th Street WTP 6202 N. 24 Street 11 units

52. 91st Avenue Wastewater 5615 S. 91st Avenue 27 units

53. Cave Creek Water Yard 21642 N. 20th Street 5 units

54. Corona Water Yard 30 W. Corona Avenue 5 units

55. Customer Service Area #1 1401 E. Hess Street 2 units

56. Customer Service Area #3 Pay Station 10255 N. 23rd Avenue 6 units

57. Customer Service Area #4 2333 W. Durango Street 11 units

58. Customer Service Westside Pay Station 5036 W. Indian School Road 6 units

59. Deer Valley Water Treatment 3030 W. Dunlap Avenue 17 units

60. Morton Yard 7617 N. 21st Avenue 7 units

61. Remote Facilities 5204 E. Thomas Road 14 units

62. Support Services 4436 N. 35th Avenue 17 units

63. Val Vista WTP 3200 E. McDowell Road (Mesa) 6 units

64. Water Distribution Office 2500 S. 22nd Avenue 1 unit

65. Water Field Services - Area #2 6202 N. 24th Street 8 units

66. Water Production Admin Area 2 6202 S. 24th Street 13 units

67. Water Reservoir Yard 3015 N. 52nd Street 5 units

68. Water Services Building 2474 S. 22nd Avenue 10 units

Miscellaneous Locations

69. Jefferson Street Garage 2631 S. 22nd Avenue 2 units

3.8. Optional Pricing

Provide the total cost to provide Metered Mist Odor Control (Aviation and Phoenix Convention

Center).

Service Sites and Estimated Number of Units Serviced Monthly: The number of units identified to the right of the location and address indicates the most current information to date.

Aviation Department

70. Deer Valley Airport 702 W. Deer Valley Road 5 units

71. Goodyear Airport 1658 S. Litchfield Road 12 units

72. Rental Car Center 1805 E. Sky Harbor Circle South 11 units

73. Sky Harbor Operations Facility 2515 E. Buckeye Road 8 units

74. Sky Harbor Terminals - Operations 3300 Sky Harbor Boulevard 250 units

Phoenix Convention Center

75. East Convention Center Garage 601 E. Washington Street 4 units

76. Herberger Theatre 225 E. Monroe Street 10 units

77. North Building 100 N. 3rd Street 198 units

78. Orpheum Theatre 203 W. Adams Street 6 units

79. South Building 33 S. 3rd Street 40 units

80. Symphony Hall 75 N. 2nd Street 22 units

81. West Building 100 N. 3rd Street 68 units

82. West Building - Trash Compactor Room 100 N 3rd Street 2 units

4. Standard Terms and Conditions

4.1. Definition of Key Words Used in the Solicitation

Shall, Will, Must: Indicates a mandatory requirement. Failure to meet these mandatory requirements may result in the rejection of Offer as non-responsive.

Should: Indicates something that is recommended but not mandatory. If the Offeror fails to provide recommended information, the City may, at its sole option, ask the Offeror to provide the information or evaluate the Offer without the information.

May: Indicates something that is not mandatory but permissible.

For purposes of this solicitation, the following definitions will apply:

“A.R.S.” Arizona Revised Statute

“Buyer” or “Procurement Officer” City of Phoenix staff person responsible for the solicitation.

The City employee or employees who have specifically been designated to act as a contact person or persons to the Contractor, and responsible for monitoring and overseeing the

Contractor's performance under this contract.

"City" The City of Phoenix

"Contractor" The individual, partnership, or corporation who, as a result of the competitive process, is awarded a contract by the City of Phoenix.

"Contract” or “Agreement" The legal agreement executed between the City of Phoenix, AZ and the Contractor.

“Days” Means calendar days unless otherwise specified.

“Chief Procurement Officer” The contracting authority for the City of Phoenix, AZ, authorized to sign contracts and amendments thereto on behalf of the City of Phoenix, AZ.

“Employer” Any individual or type of organization that transacts business in this state, that has a license issued by an agency in this state and employs one or more employees in this state.

Employer includes this state, any political subdivision of this state and self-employed persons. In the case of an independent contractor, employer means the independent contractor and does not mean the person or organization that uses contract labor. (A.R.S. 23-211).

“Offer” Means a response from a Supplier, Contractor, or Service Provider to a solicitation request that, if awarded, binds the Supplier, Contractor, or Service Provider to perform in accordance with the contract. Same as bid, proposal, quotation or tender.

“Offeror” Any Vendor, Seller or Supplier submitting a competitive offer in response to a solicitation from the City. Same as Bidder or Proposer.

“Solicitation” Means an Invitation for Bid (IFB), Request for Proposal (RFP), Request for

Quotations (RFQ), Request for Qualifications (RFQu) and request for sealed Offers, or any other type of formal procurement which the City makes public through advertising, mailings, or some other method of communication. It is the process by which the City seeks information, proposals, Offers, or quotes from suppliers.

“Suppliers” Firms, entities or individuals furnishing goods or services to the City.

“Vendor or Seller” A seller of goods or services.

4.2. City’s Vendor Self-Registration and Notification

Vendors must be registered in the City’s 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.

4.3. 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.

4.4. Contract Interpretation

A. Applicable Law: This Contract will be governed by the law of the State of Arizona, and suits pertaining to this Contract will be brought only in Federal or State courts in

Maricopa County, State of Arizona.

B. Contract Order of Precedence: In the event of a conflict in the provisions of the

Contract, as accepted by the City and as they may be amended, the following will prevail in the order set forth below:

1. Federal terms and conditions, if any

2. Special terms and conditions

3. Standard terms and conditions

4. Amendments

5. Statement or scope of work

6. Specifications

7. Attachments

8. Exhibits

9. Instructions to Contractors

10. Other documents referenced or included in the Solicitation

C. Organization – Employment Disclaimer: The Agreement resulting hereunder is not intended to constitute, create, give rise to or otherwise recognize a joint venture agreement or relationship, partnership or formal business organization of any kind, and https://procurement.opengov.com/portal/phoenix https://www.phoenix.gov/procure the rights and obligations of the parties will be only those expressly set forth in the agreement. The parties agree that no persons supplied by the Contractor in the performance of Contractor’s obligations under the agreement are considered to be City’s employees and that no rights of City civil service, retirement or personnel rules accrue to such persons. The Contractor will have total responsibility for all salaries, wage bonuses, retirement, withholdings, workmen’s compensation, occupational disease compensation, unemployment compensation, other employee benefits and all taxes and premiums appurtenant thereto concerning such persons, and will save and hold the City harmless with respect thereto.

D. Severability: The provisions of this Contract are severable to the extent that any provision or application held to be invalid will not affect any other provision or application of the contract which may remain in effect without the invalid provision or application.

E. Non-Waiver of Liability: The City of Phoenix as a public entity supported by tax monies, in execution of its public trust, cannot agree to waive any lawful or legitimate right to recover monies lawfully due it.