REQUEST FOR QUOTATION

RFQ-26-0143

PLASTIC SIGNAGE MATERIAL

CITY OF PHOENIX

AVIATION

2485 E BUCKEYE RD.

PHOENIX, AZ

85034

RELEASE DATE: December 11, 2025

DEADLINE FOR QUESTIONS: December 19, 2025

RESPONSE DEADLINE: January 13, 2026, 11:00 am

City of Phoenix

REQUEST FOR QUOTATION

RFQ-26-0143

Plastic Signage Material

1. INTRODUCTION

2. INSTRUCTIONS

3. SCOPE OF WORK

4. EVALUATION PROCESS

5. STANDARD TERMS AND CONDITIONS

6. SPECIAL TERMS AND CONDITIONS

7. DEFENSE AND INDEMNIFICATION

8. INSURANCE REQUIREMENTS

9. SUBMITTALS

10. PRICING PROPOSAL

Attachments:

A - Acceptance_of_Offer_Form_2025

B - Submittals - Conflict of Interest and Transparency rev 2-2023

C - Supplemental Terms And Conditions To All Airport Agreements REV. 9.2.25

D - Sensitive Security Information Acknowledgement Form

Request For Quotation #RFQ-26-0143 Title: Plastic Signage Material

1. Introduction

1.1. Contact Information

Lynelle Kraft

Aviation Department

Email: lynelle.kraft@phoenix.gov

Phone: (602) 273-2750

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 (Lynelle Kraft) at (602) 273-2750/Voice or 711/TTY, or lynelle.kraft@phoenix.gov, no later than three (3) days prior to the meeting.

Solicitation Issue Date: December 11, 2025

Written Inquiries Due Date: December 19, 2025, 11:00am

Offer Due Date: January 13, 2026, 11:00am

2. Instructions

2.1. Description – Statement of Need

The City of Phoenix invites sealed offers for providing plastic signage materials on an as-needed basis for a five-year contract commencing on or about April 1, 2026, in accordance with the specifications and provisions contained herein or the “Effective Date” which is upon award by City

Council, conditioned upon signature and recording by the City Clerk’s department, as required by the Phoenix City Code, whichever is later.

This Solicitation is available through the City’s Procurement Portal. For technical support issues related to the City's Procurement Portal, Offeror may use the support bubble on the bottom right, or email procurement-support@opengov.com for any assistance. For other issues related to this

Solicitation please contact the procurement officer listed under Contact Information.

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

2.2. Minimum Qualifications

A. OFFEROR EXPERIENCE: Offeror must have been in operation a minimum of three (3) consecutive years within the last five (5) years immediately preceding issuance of this

RFQ, in providing plastic signage materials. The “Experience” qualification will also be verified through the references provided in the Business References in the Vendor

Questionnaire Section of this Solicitation.

B. SERVICE REPRESENTATIVE: The offeror must assign a service representative who will be the City's primary contact under the resultant Contract.

1. Qualifications: The offeror’s assigned service representative must possess at least two (2) years of experience providing plastic signage materials. Offeror must provide a summary describing how assigned service representative's experience meets this qualification in the Vendor Questionnaire Section of this Solicitation.

2. The offeror’s assigned service representative may not be changed during the

Solicitation process, including the time up to Contract award. After the Contract award, offeror must notify the Aviation Department Representative (ADR) in writing when changing the assigned service representative.

2.3. Preparation of Quote

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

Conflict of Interest and Transparency Form (Section 9, Question 10) 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.

mailto:procurement-support@opengov.com

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. 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.

2.4. Fixed Offer Price Period

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

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. 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.

2.8. Certifications

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

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

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

C. 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.

2.9. Submission of Offer

A. 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.

B. Offers should be submitted electronically via the City’s Procurement Portal by clicking on

“Draft Response” via https://procurement.opengov.com/portal/phoenix/projects/208708.

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

C. 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.

D. 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.

https://procurement.opengov.com/portal/phoenix/projects/208708 https://procurement.opengov.com/signup https://opengov.my.site.com/support/s/article/ca6d1285-1e48-4a21-bb0d-715edb7794ed https://opengov.my.site.com/support/s/article/ca6d1285-1e48-4a21-bb0d-715edb7794ed

E. 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.

F. Please DO NOT submit links to Google Docs, Dropbox Paper, or similar services.

Your offer may be deemed non-responsive if your offer is supplied utilizing these services.

2.10. Pre-Award Qualifications

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.

2.11. Award of Contract

Unless otherwise indicated, award(s) will be made to the lowest price, most responsive, and 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 provide materials 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 Deputy Aviation 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.

2.12. 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.

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

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

3. Scope of Work

3.1. Introduction

The City of Phoenix, Aviation Department (City) invites offers from qualified vendors to provide plastic signage materials on an as-needed basis for a five-year Contract term, commencing on or about April 1, 2026.

3.2. Aviation Department Representative (ADR)

The Aviation Department Representative (ADR) for this Contract will be Alex Moreno or his designee. The ADR will coordinate all work and be the sole judge concerning acceptability and quality of materials. The ADR, or his designee, will be consulted on any concerns and issues arising during the performance of this Contract.

ADR Phone Email

Alex Moreno (602) 273-4510 alejandro.moreno@phoenix.gov

3.3. Applicable Laws and Standards

The Contractor must comply with:

A. Aviation Department guidelines as they pertain to insurance and security.

B. All City, State, and Federal laws and regulations, acceptable industry standards and regulations that govern the work's requirements.

C. Occupational Safety and Health Administration (OSHA) requirements.

D. National Fire Protection Association (NFPA) requirements.

E. Associated building codes.

3.4. Additions, Deletions, or Replacement

The Aviation Department may add or delete materials at any time, and the Contractor must provide materials as requested. The ADR will advise the Contractor of adding or deleting any materials within thirty (30) days’ notice. All fees shall be per the existing prices in effect.

3.5. Specifications

Contractor must:

A. Provide a name and contact information for the Service Representative under the resultant

Contract. The Service Representative must be a qualified company representative and available to respond to the City 24 hours per day, seven days a week.

B. Establish and maintain sufficient product inventory to adequately support the Aviation

Department’s Facility & Services Sign Shop.

C. Upon receipt of City's request, cut and modify the standard plastic sign material dimensions to specific sizes. A cut fee is allowed per order, and the service will be provided in accordance with the Cut Fee price listed in the Price Schedule.

D. If an item cannot be supplied from the Contractor’s inventory, the City reserves the right to purchase the item from other sources.

3.6. Materials

The following plastic sign materials will be provided under this Contract and purchased on an as-needed basis.

A. Polycarbonate (Various sizes)

B. PVC Plastic (Various sizes)

C. Engravable Plastic - Black / White 2-Ply

D. Engravable Plastic - Blue / White 2-Ply

E. Engravable Plastic - Brown / White 2-Ply

F. Engravable Plastic - Red / White 2-Ply

G. Engravable Plastic - Yellow / Black 2-Ply

H. Engravable Plastic - Green / White 2-Ply

I. Foam Board Ultra

J. Foam Board

K. Polyethylene Terephthalate Glycol (PETG)

L. Solid Frost Acrylic

M. Acrylic Clear

N. Aluminum Composite Material (ACM)

O. Styrene

P. Rigid Vinyl

Q. Alumigraphics Smooth (Foil Material)

R. Gator Board

3.7. Packing/Service Ticket

Contractor shall provide a packing list or service ticket for items delivered to the City. A legible copy shall be provided to the City. Tickets shall include the following, at a minimum:

A. Date

B. Contractor name

C. City purchase order number

D. Itemized list of materials delivered, including quantity

E. Signature of City employee who accepted for the materials/services

3.8. Delivery/Shipping

A. Contractor shall deliver all ordered parts within seven (7) calendar days after receipt of

City's Purchase Order (PO). Contractor must obtain ADR's approval for any delivery that will exceed the required seven (7) calendar days.

B. Contractor shall coordinate all shipping with the ADR and ensure orders are delivered on time.

C. All deliveries will be made between the hours of 6:00 AM and 10:00 PM, local Phoenix time, Monday through Friday, excluding City-observed holidays https://www.phoenix.gov/calendar/holidays/.

D. Delivery address:

City of Phoenix, Aviation Supplies (Warehouse)

2515 E Buckeye Road

Phoenix, AZ 85034

E. All Shipping, delivery, and handling charges should be included in product cost. However, if expedited shipping is requested and approved by the ADR, the Contractor may be reimbursed at cost for the expedited shipping and handling charges. The reimbursement will be for the actual cost to the Contractor. Documentation of the cost must be included with the final invoice, and no mark-up will be permitted on freight/shipping and handling.

The City will not accept any invoice that has been altered in any way.

3.9. Lost and Damaged Shipment

A. Contractor shall have the capability of tracking all orders and deliveries to provide status.

B. If the Contractor fails to deliver products or delivers damaged products, Contractor is required to take immediate action to correct the order(s) at no additional cost to the City.

3.10. Inspection and Acceptance

Each product delivered shall be subject to complete inspection by the City prior to acceptance.

Inspection criteria shall include, but not be limited to, conformity to the specifications and quality of the materials. Any rejected materials will not be charged to the City and will be picked up by the Contractor at no additional cost.

3.11. Safety, Precautions and Cleanliness

The Contractor must:

A. Be responsible for the supervision and execution of deliveries.

https://www.phoenix.gov/calendar/holidays/

B. Follow all delivery procedures set forth by City policies, including staying in designated areas deemed safe for delivery drop off (i.e. following speed limits on City property, use of proper safety protection, time restrictions of accepting deliveries, etc.).

C. Contractor should pursue opportunities to reduce greenhouse gas emissions, such as modes of transportation used to include alternative fuel vehicles.

3.12. Response Time

Upon initial notification by ADR, the Contractor's initial response (via telephone or email) shall be within 48 hours.

3.13. Warranty

A. Contractor shall warrant all products against any defect in workmanship or materials (i.e.

bubbling, environmental stress cracking, warping or deformation, cloudy appearance, yellowing or fading). Failure to comply with this requirement will result in the immediate return of the materials at the Contractor's expense for prompt replacement with acceptable materials.

B. Contractor shall warrant all products for one (1) year from the date of the City’s acceptance or until the material has been modified, if applicable, by the City or at the request of the

ADR, whichever occurs first.

4. Standard Terms and Conditions

4.1. Definition of Key Words Used in the Solicitation

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

B. 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.

C. May: Indicates something that is not mandatory but permissible.

D. For purposes of this Solicitation, the following definitions will apply:

1. “A.R.S.” Arizona Revised Statute

2. “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.

3. "City" The City of Phoenix

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

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

6. “Days” Means calendar days unless otherwise specified.

7. “Deputy Aviation Director" or "Aviation Director” The contracting authority for the City of Phoenix, AZ, Aviation Department authorized to sign contracts and amendments thereto on behalf of the City of Phoenix, AZ, Aviation Department.

8. “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).

9. “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.

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

11. “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.

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

13. “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 are required to register in the City’s procurePHX Self-Registration System

(https://eprocurement.phoenix.gov/irj/portal) prior to contract execution. Registration is not required at the time of offer submission. However, the City will not execute a contract with any awarded vendor until registration is complete.

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 https://procurement.opengov.com/portal/phoenix https://eprocurement.phoenix.gov/irj/portal

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 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. Therefore, any Contractor agrees that it will not insist upon or demand any statement whereby the City agrees to limit in advance or waive any right the City might have to recover actual lawful damages in any court of law under applicable

Arizona law.

F. Parol Evidence: This Agreement is intended by the parties as a final expression of their agreement and is intended also as a complete and exclusive statement of the terms of this Agreement. No course of prior dealings between the parties and no usage in the trade will be relevant to supplement or explain any term used in this Contract.

Acceptance or acquiescence in a course of performance rendered under this Contract will not be relevant to determine the meaning of this Contract even though the accepting or acquiescing party has knowledge of the nature of the performance and opportunity to object.

4.5. Contract Administration and Operation

A. Records: All books, accounts, reports, files and other records relating to the Contract will be subject at all reasonable times to inspection and audit by the City for five years after completion of the Contract. Such records will be produced at a City of Phoenix office as designated by the City. Confidentiality will be maintained, and City will not violate any proprietary or other confidentiality agreements vendor has in place.

B. Discrimination Prohibited: Contractor agrees to abide by the provisions of the Phoenix

City Code Chapter 18, Article V as amended. Any contractor, in performing under this

Contract, will not discriminate against any worker, employee or applicant, or any member of the public, because of race, color, religion, sex, national origin, age or disability nor otherwise commit an unfair employment practice. The supplier and/or lessee will take action to ensure that applicants are employed, and employees are dealt with during employment without regard to their race, color, religion, sex, or national origin, age or disability and adhere to a policy to pay equal compensation to men and women who perform jobs that require substantially equal skill, effort and responsibility, and that are performed within the same establishment under similar working conditions. Such action will include but not be limited to the following: Employment, promotion, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training; including apprenticeship. The supplier further agrees that this clause will be incorporated in all subcontracts with all labor organizations furnishing skilled, unskilled and union labor, or who may perform any such labor or services in connection with this Contract. Contractor further agrees that this clause will be incorporated in all subcontracts, job-contractor agreements or subleases of this

Agreement entered into by Supplier/Lessee.

C. Equal Employment Opportunity and Pay: In order to do business with the City, Contractor must comply with Phoenix City Code, 1969, Chapter 18, Article V, as amended, Equal Employment Opportunity Requirements. Contractor will direct any questions in regard to these requirements to the Equal Opportunity Department, (602) 262-6790.

1. For a Contractor with 35 employees or fewer: Contractor in performing under this

Agreement shall not discriminate against any worker, employee or applicant, or any member of the public, because of race, color, religion, sex, national origin, age, or disability, nor otherwise commit an unfair employment practice. The Contractor will ensure that applicants are employed, and employees are dealt with during employment without regard to their race, color, religion, sex, national origin, age, or disability. Such action shall include but not be limited to the following: employment, promotion, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training;

including apprenticeship. The Contractor further agrees that this clause will be incorporated in all subcontracts related to this Agreement that involve furnishing skilled, unskilled and union labor, or who may perform any such labor or services in connection with this Agreement. Contractor further agrees that this clause will be incorporated in all subcontracts, Contractor agreements or subleases of this

Agreement entered into by Supplier/Lessee.

2. For a Contractor with more than 35 employees: Contractor in performing under this Agreement shall not discriminate against any worker, employee or applicant, or any member of the public, because of race, color, religion, sex, national origin, age, or disability, nor otherwise commit an unfair employment practice. The Contractor will ensure that applicants are employed, and employees are dealt with during employment without regard to their race, color, religion, sex, national origin, age, or disability, and shall adhere to a policy to pay equal compensation to men and women who perform jobs that require substantially equal skill, effort, and responsibility, and that are performed within the same establishment under similar working conditions.

Such action shall include but not be limited to the following: employment, promotion, demotion or transfer, recruitment or recruitment advertising, layoff or termination;

rates of pay or other forms of compensation; and selection for training; including apprenticeship. The Contractor further agrees that this clause will be incorporated in all subcontracts with all labor organizations furnishing skilled, unskilled and union labor, or who may perform any such labor or services in connection with this

Contract. Contractor further agrees that this clause will be incorporated in all subcontracts, job-Contractor agreements or subleases of this Agreement entered into by supplier/lessee. The Contractor further agrees not to discriminate against any worker, employee or applicant, or any member of the public, because of sexual orientation or gender identity or expression and shall ensure that applicants are employed, and employees are dealt with during employment without regard to their sexual orientation or gender identity or expression.

3. Documentation: Suppliers and Lessees may be required to provide additional documentation to the Equal Opportunity Department affirming that a nondiscriminatory policy is being utilized.

4. Monitoring: The Equal Opportunity Department shall monitor the employment policies and practices of Suppliers and Lessees subject to this article as deemed necessary. The Equal Opportunity Department is authorized to conduct on-site compliance reviews of selected firms, which may include an audit of personnel and payroll records, if necessary.

D. Legal Worker Requirements: The City of Phoenix is prohibited by A.R.S. § 41-4401 from awarding a contract to any Contractor who fails, or whose subcontractors fail, to comply with A.R.S. § 23-214(A). Therefore, Contractor agrees that:

1. Contractor and each subcontractor it uses warrants their compliance with all federal immigration laws and regulations that relate to their employees and their compliance with A.R.S. § 23-214, subsection A.

2. A breach of a warranty under paragraph 1 will be deemed a material breach of the

Contract that is subject to penalties up to and including termination of the Contract.

3. The City of Phoenix retains the legal right to inspect the papers of any Contractor or subcontractor employee who works on the Contract to ensure that the Contractor or subcontractor is complying with the warranty under paragraph 1.

E. Health, Environmental, and Safety Requirements: The Contractor’s products, services and facilities will be in full compliance with all applicable Federal, State and local health, environmental and safety laws, regulations, standards, codes and ordinances, regardless of whether or not they are referred to by the City. At the request of City representatives, the Contractor will provide the City:

1. Environmental, safety and health regulatory compliance documents (written safety programs, training records, permits, etc.) applicable to services provided by the

Contractor in this Contract.

2. A list of all federal, state, or local (EPA, OSHA, Maricopa County, etc.) citations or notice of violations issued against their firm or their subcontractors including dates, reasons, dispositions and resolutions.

3. The City will have the right, but not the obligation to inspect the facilities, transportation vehicles or vessels, containers and disposal facilities provided by the

Contractor or subcontractor. The City will also have the right to inspect operations conducted by the Contractor or subcontractor in the performance of this Agreement.

The City further reserves the right to make unannounced inspections of the

Contractor’s facilities (during normal business hours).

F. Compliance with Laws: Contractor agrees to fully observe and comply with all applicable

Federal, State and local laws, regulations, standards, codes and ordinances when performing under this Contract regardless of whether they are being referred to by the

City. Contractor agrees to permit City inspection of Contractor’s business records, including personnel records to verify any such compliance. Because the Contractor will be acting as an independent contractor, the City assumes no responsibility for the

Contractor’s acts. Contractor shall comply with the provisions of the Supplemental Terms and Conditions to All Airport Agreements attached, marked Exhibit C, and incorporated herein by this reference.

G. Lawful Presence Requirement: Pursuant to A.R.S. §§ 1-501 and -502, the City of

Phoenix is prohibited from awarding a contract to any natural person who cannot establish that he or she is lawfully present in the United States. In order to establish lawful presence, this person must produce qualifying identification and sign a City-provided affidavit affirming that the identification provided is genuine. This requirement will be imposed at the time of contract award. In the event the prevailing responder is unable to satisfy this requirement, the City will offer the award to the next-highest scoring responder. The law does not apply to fictitious entities such as corporations, partnerships and limited liability companies.

H. Continuation During Disputes: Contractor agrees that notwithstanding the existence of any dispute between the parties, insofar as is possible, under the terms of the Contract, the Contractor will continue to perform the obligations required of Contractor during the continuation of any such dispute unless enjoined or prohibited by an Arizona Court of competent jurisdiction.

I. Emergency Purchases: The City reserves the right to purchase from other sources those items which are required on an emergency basis and cannot be supplied immediately from stock by the Contractor.

4.6. Costs and Payments

A. General: Any prompt payment terms offered must be clearly noted by the Contractor on all invoices submitted to the City for the payment of goods or services received. The City will make every effort to process payment for the purchase of material or services within thirty to forty-five calendar days after receipt of a correct invoice, unless a good faith dispute exists to any obligation to pay all or a portion of the account. Payment terms are specified in the Offer.

B. Payment Deduction Offset Provision: Contractor acknowledges that the City Charter requires that no payment be made to any Contractor as long as there is an outstanding obligation due to the City. Contractor agrees that any obligation it owes to the City will be offset against any payment due to the Contractor from the City.

C. Late Submission of Claim by Contractor: The City will not honor any invoices or claims which are tendered one year after the last item of the account accrued.

D. Discounts: If applicable, payment discounts will be computed from the date of receiving acceptable products, materials and/or services or correct invoice, whichever is later to the date payment is mailed.

E. No Advance Payments: Advance payments are not authorized. Payment will be made only for actual services or commodities that have been received, unless addressed specifically in the Scope of work for subscription services.

F. Fund Appropriation Contingency: The Contractor recognizes that any agreement entered into will commence upon the day first provided and continue in full force and effect until termination in accordance with its provisions. The Contractor and the City herein recognize that the continuation of any contract after the close of any given fiscal year of the City, which ends on June 30th of each year, will be subject to the approval of the budget of the City providing for or covering such contract item as an expenditure therein.

The City does not represent that said budget item will be actually adopted, said determination being the determination of the City Council at the time of the adoption of the budget.

G. Maximum Prices: The City will not be invoiced at prices higher than those stated in any contract resulting from this Offer. Contractor certifies, by signing this Offer that the prices offered are no higher than the lowest price the Contractor charges other buyers for similar quantities under similar conditions, as applicable and shown by quotes for like services and goods. Contractor further agrees that any reductions in the price of the goods or services covered by this Offer and occurring after award will apply to the undelivered balance. The Contractor will promptly notify the City of such price reductions.

H. F.O.B. Point: All prices are to be quoted F.O.B. destination, unless specified elsewhere in this Solicitation.

4.7. Contract Changes

A. Contract Amendments: Contracts will be modified only by a written contract amendment signed by persons duly authorized to enter into contracts on behalf of the

Contractor. No verbal agreement or conversation with any officer, agent, or employee of the City either before or after execution of the Contract, will affect or modify any of the terms or obligations contained or to be contained in the Contract. Any such verbal agreements or conversation shall be considered as unofficial information and in no way binding upon the City or the Contractor. All agreements shall be in writing and contract changes shall be by written amendment signed by both parties.

B. Assignment - Delegation: No right or interest in this Contract nor monies due hereunder will be assigned in whole or in part without written permission of the City, and no delegation of any duty of Contractor will be made without prior written permission of the City, which may be withheld for good cause. Any assignment or delegation made in violation of this section will be void.

C. Non-Exclusive Contract: Any contract resulting from this Solicitation will be awarded with the understanding and agreement that it is for the sole convenience of the City. The

City reserves the right to obtain like goods or services from another source when necessary.

4.8. Risk of Loss and Liability

A. Title and Risk of Loss: The title and risk of loss of material or service will not pass to the City until the City actually receives the material or service at the point of delivery; and such loss, injury, or destruction will not release seller from any obligation hereunder.

B. Acceptance: All material or service is subject to final inspection and acceptance by the

City. Material or service failing to conform to the specifications of this Contract will be held at Contractor's risk and may be returned to the Contractor. If so returned, all costs are the responsibility of the Contractor. Noncompliance will conform to the cancellation clause set forth in this Document.

C. Force Majeure: Except for payment of sums due, neither party will be liable to the other nor deemed in default under this Contract if and to the extent that such party's performance of this Contract is prevented by reason of force majeure. The term "force majeure" means an occurrence that is beyond the control of the party affected and occurs without its fault or negligence. Force majeure will not include late performance by a subcontractor unless the delay arises out of a force majeure occurrence in accordance with this force majeure term and condition. If either party is delayed at any time in the progress of the work by force majeure, the delayed party will notify the other party in writing of such delay, as soon as is practical, of the commencement thereof and will specify the causes of such delay in such notice. Such notice will be hand-delivered or mailed certified-return receipt and will make a specific reference to this provision, thereby invoking its provisions. The delayed party will cause such delay to cease as soon as practicable and will notify the other party in writing when it has done so. The time of completion will be extended by contract modification for a period of time equal to the time that results or effects of such delay prevent the delayed party from performing in accordance with this

Contract.

D. Loss of Materials: The City does not assume any responsibility, at any time, for the protection of or for loss of materials, from the time that the Contract operations have commenced until the final acceptance of the work by the City.

E. Contract Performance: Contractor will furnish all necessary labor, tools, equipment, and supplies to perform the required services at the City facilities designated, unless otherwise specifically addressed in the scope, or elsewhere in this Agreement. The City's authorized representative will decide all questions which may arise as to the quality and acceptability of any work performed under the Contract. If, in the opinion of the City's authorized representative, performance becomes unsatisfactory, the City will notify the Contractor.

The Contractor will have 30 days from that time to correct any specific instances of unsatisfactory performance, unless a different amount of time is specified in the

Agreement. In the event the unsatisfactory performance is not corrected within the time specified, the City will have the immediate right to complete the work to its satisfaction and will deduct the cost to cover from any balances due or to become due the Contractor.

Repeated incidences of unsatisfactory performance may result in cancellation of the

Agreement for default.

F. Damage to City Property: Contractor will perform all work so that no damage to the building or grounds results. Contractor will repair any damage caused to the satisfaction of the City at no cost to the City. Contractor will take care to avoid damage to adjacent finished materials that are to remain. If finished materials are damaged, Contractor will repair and finish to match existing material as approved by the City at Contractor's expense.

4.9. City's Contractual Rights

Whenever one party to this Contract in good faith has reason to question the other party's intent to perform, the former party may demand that the other party give a written assurance of this intent to perform. In the event that a demand is made and no written assurance is given within five days, the demanding party may treat this failure as an anticipatory repudiation of this Contract.

A. Non-Exclusive Remedies: The rights and remedies of the City under this Contract are non-exclusive.

B. Default in One Installment to Constitute Breach: Each installment or lot of the

Agreement is dependent on every other installment or lot and a delivery of non-conforming goods or a default of any nature under one installment or lot will impair the value of the whole Agreement and constitutes a total breach of the Agreement as a whole.

C. On Time Delivery: Because the City is providing services which involve health, safety and welfare of the general public, delivery time is of the essence. Delivery must be made in accordance with the delivery schedule promised by the Contractor.

D. Default: In case of default by the Contractor, the City may, by written notice, cancel this

Contract and repurchase from another source and may recover the excess costs by deduction from an unpaid balance due or other remedies as provided by law.

E. Covenant Against Contingent Fees: Seller warrants that no person or selling agent has been employed or retained to solicit or secure this Contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employers or bona fide established commercial or selling agencies maintained by the seller for the purpose of securing business. For breach or violation of this warranty, the City will have the right to annul the Contract without liability or in its discretion to deduct from the Contract price a consideration, or otherwise recover the full amount of such commission, brokerage or contingent fee.

F. Cost Justification: In the event only one response is received, the City may require that the Contractor submit a cost proposal in sufficient detail for the City to perform a cost/price analysis to determine if the Offer price is fair and reasonable.

G. Work Product, Equipment, and Materials: All work product, equipment, or materials created or purchased under this Contract belongs to the City and must be delivered to the City at City’s request upon termination of this Contract. Contractor agrees to assign to City all rights and interests Contractor may have in materials prepared under this

Contract that are “works for hire” within the meaning of the copyright laws of the United

States, including any right to derivative use of the material.

4.10. Contract Termination

A. Gratuities: The City may, by written notice to the Contractor, cancel this Contract if it is found that gratuities, in the form of entertainment, gifts or otherwise, were offered or given by the Contractor or any agent or representative of the Contractor, to any officer or employee of the City making any determinations with respect to the performing of such

Contract. In the event this Contract is canceled by the City pursuant to this provision, the

City will be entitled, in addition to any other rights and remedies, to recover or withhold from the Contractor the amount of the gratuity.

B. Conditions and Causes for Termination:

1. This Contract may be terminated at any time by mutual written consent, or by the

City, with or without cause, upon giving thirty-day written notice to Contractor. The

City at its convenience, by written notice, may terminate this Contract, in whole or in part. If this Contract is terminated, the City will be liable only for payment under the payment provisions of this Contract for services rendered and accepted material received by the City before the effective date of termination. Title to all materials, work-in-process and completed but undeliverable goods, will pass to the City after costs are claimed and allowed. The Seller will submit detailed cost claims in an acceptable manner and will permit the City to examine such books and records as may be necessary in order to verify the reasonableness of any claims.

2. The City reserves the right to cancel the whole or any part of this Contract due to failure of Contractor to carry out any term, promise, or condition of the Contract. The

City will issue a written notice of default to Contractor for acting or failing to act as in any of the following:

a. In the opinion of the City, Contractor provides personnel who do not meet the requirements of the Contract;

b. In the opinion of the City, Contractor fails to perform adequately the stipulations, conditions or services/specifications required in this Contract;

c. In the opinion of the City, Contractor attempts to impose on the City personnel or materials, products or workmanship, which is of an unacceptable quality;

d. Contractor fails to furnish the required service and/or product within the time stipulated in the Contract;

e. In the opinion of the City, Contractor fails to make progress in the performance of the requirements of the Contract and/or gives the City a positive indication that

Contractor will not or cannot…