State_Fair_Towing_Services.pdf

INVITATION FOR BID

IFB-26-0294

STATE FAIR TOWING SERVICES

CITY OF PHOENIX

FINANCE CENTRAL PROCUREMENT

251 W WASHINGTON ST., 8TH FLOOR

PHOENIX, AZ

85003

RELEASE DATE: April 10, 2026

DEADLINE FOR QUESTIONS: April 22, 2026

RESPONSE DEADLINE: April 29, 2026, 2:00 pm

City of Phoenix

INVITATION FOR BID

IFB-26-0294

State Fair Towing Services

1. INTRODUCTION

2. INSTRUCTIONS

3. SCOPE OF WORK

4. EVALUATION PROCESS

5. STANDARD TERMS AND CONDITIONS

6. SPECIAL TERMS AND CONDITIONS

7. DEFENSE AND INDEMNIFICATION

8. INSURANCE REQUIREMENTS

9. SUBMITTALS

10. PRICING PROPOSAL

Attachments:

A - Acceptance of Offer Form 2026

Invitation For Bid #IFB-26-0294 Title: State Fair Towing Services

1. Introduction

1.1. Contact Information

Carolina Martinez

Finance Central Procurement

Email: carolina.martinez@phoenix.gov

Phone: (602) 261-8778

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 (Carolina Martinez) at (602) 261-8778/Voice or 711/TTY, or carolina.martinez@phoenix.gov, no later than five (5) business days prior to the meeting.

Solicitation Issue Date: April 10, 2026

Pre-Offer Conference (Non-Mandatory): April 17, 2026, 10:00am

Join from the meeting link https://cityofphoenix.webex.com/cityofphoen ix/j.php?MTID=m96b47a8ac1c0c720f3d44d

5b903a7950

Join by meeting number

Meeting number (access code): 2338 720

Meeting password: eZ327RsJi3v

Written Inquiries Due Date: April 22, 2026, 2:00pm

Offer Due Date: April 29, 2026, 2:00pm https://cityofphoenix.webex.com/cityofphoenix/j.php?MTID=m96b47a8ac1c0c720f3d44d5b903a7950

2. Instructions

2.1. Description – Statement of Need

The City of Phoenix invites sealed offers for State Fair Towing Services.

The Effective Date of this Agreement will be upon final signature and recording by the City

Clerk’s department.

The Commencement Date of this Agreement will be upon July 1, 2026, or the Effective Date, whichever is later.

The term of this Agreement will be for 5 years, beginning on the Commencement Date, with no options to extend.

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. 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.

mailto:procurement-support@opengov.com

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.

2.3. Fixed Offer Price Period

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

2.4. Obtaining a Copy of the Solicitation and Addenda

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

Procurement Portal: https://procurement.opengov.com/portal/phoenix/projects/248026. 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.

https://procurement.opengov.com/portal/phoenix/projects/248026

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 addendum. The Offeror must acknowledge receipt of any/all addenda through the City's

Procurement Portal.

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

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/248026. 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.

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/248026 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.

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

2.13. Pre-Award Qualifications

A. Offeror must have been in operation a minimum of 5 years providing towing services for short-term demand projects, such as fairs, or political or sporting events. The Offeror’s normal business activity during the past 5 years will have been for providing the goods or services in this solicitation.

B. Be qualified to obtain and maintain all applicable permits and insurance requirements in accordance with the Arizona Department of Transportation (ADOT).

2.14. 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.

2.15. 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.

2.16. 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.

2.17. 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.

2.18. 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.

2.19. 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.

2.20. 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.

2.21. 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.

2.22. 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.

2.23. 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

A. This contract is for the supply of State Fair Towing Services (Services) to relocate or remove property, typically an illegally parked vehicle, in connection with the Arizona

State Fair (State Fair). All work performed under this contract will be pursuant to a specific request for Services by a member of the Phoenix Police Department

(Department). This Contract will not be used for any purpose other than Department ordered tows and impoundments relating to the State Fair.

B. The Contractor shall promptly comply with all lawful written instructions received from a person or company representing itself, in writing, as a representative of the owner of property towed under this contract. Acceptable evidence of representation is any statement to that or similar effect bearing the name of the representative that names the owner. A copy of this written evidence of representation shall be retained at the

Contractor's place of business for ninety (90) days from the date of receipt.

C. The City will pay the contract towing and storage fees for any impounded vehicle seized by the Department in error. If the citizen has paid the Contractor the City requires proof that the refunded fees have been processed to the vehicle owner/payer (i.e. cleared check, proof of credit card refund) before payment is issued to the contracted vendor by the City.

D. Services will be requested on an "as needed" basis, and the City does not guarantee a minimum number of tows and/or impoundments. The approximate number of tows in previous fiscal years for the Services is as follows:

Fiscal Year

Approximate Number of

Tows 2016 344

2017 480 2018 395 2019 484 2020 Event not held due to Covid 19 2021 704

2022 393

2023 427

2024 204

2025 80

3.2. Definitions of Key Words used in the Scope of Work Only

A. "Contractor" indicates all the officers, managers, employees, independent contractors, and agents.

B. ''Customer'' Means the registered owner of the vehicle or an authorized agent acting on behalf of the owner who is legally entitled to claim possession of the vehicle and is responsible for payment of applicable towing, storage, and related fees. The ''Customer'' does not include the City of Phoenix or any of its departments, agencies, officers, or employees.

C. "Access" Means the opportunity to inspect either the interior or exterior, as applicable, of the property or to review or receive any document or electronic file containing information relating to the property.

D. ''Tow process" Defines the period of time beginning when the Contractor receives a request for service under this contract and ending when the property's owner or the owner's authorized agent has removed the property from the Contractor's premises, or another storage location designated by the Department.

E. ''Towing invoice'' is a detailed billing statement provided to the owner of a vehicle that has been removed, transported, or placed into the care and custody of a towing company.

3.3. Solicitation of Business Prohibited

A. In connection with any property towed pursuant to this contract, the Contractor may not solicit business for, or contact the property owner, or his authorized agent, on behalf of, any body shop, repair facility, insurance company, insurance adjuster, towing company, wrecking yard, health care provider, lawyer, or other person or business of any description, during the tow process.

3.4. Contractor Requirements

A. The Contractor shall:

1. Have experience working with a government or public agencies, including coordination with government personnel. This contract will require interaction with the Department, Public Works Department, and Arizona Department of

Transportation (ADOT), including its permits office and maintenance staff.

2. Have experience providing Services for short-term towing projects, such as fairs, political events, and sporting events. This experience allows the Contractor to understand the need for flexibility, partnership, and communication.

3. Provide Services twenty-four (24) hours per day during the duration of the State Fair

4. Maintain regular business hours outside of the State Fair period to allow registered owners to retrieve impounded vehicles.

5. Respond to all requests for towing of abandoned or impounded property, and shall not refuse service on the type or condition of the property.

6. Comply with all lawful written instructions received from the insurance company representing the owner of any towed property. Acceptable proof of representation shall include written documentation on company letterhead identifying the owner.

a. The Contractor shall retain a copy of such documentation at its place of business for a period of one (1) year from the date of receipt.

7. Provide all equipment necessary to maintain the temporary storage lot in safe and operable condition.

8. Provide personnel with identification on their persons, clearly visible and identifying them as employees of the Contractor.

9. Provide professional, polite, and properly licensed personnel to service the contract.

a. Valid complaints will constitute a violation of this contract and will subject

Contractor to the liquidated damages described herein.

10. Promptly provide a supervisor to the scene of a tow at the City's request.

11. Ensure that at least one (1) person assigned to the temporary storage facility and

Contractor storage facility responsible for interfacing with the public, be able to speak, read, and write in English and Spanish to communicate with all City personnel, the citizen or the citizen's authorized agent.

B. The Contractor shall not perform any services beyond the original towing and storage of property without the express written consent of the vehicle owner, or the owner's authorized agent. Such consent shall be obtained at least one (1) hour before performing any additional services.

C. The Contractor may recover from the registered owner of an abandoned vehicle any fee permitted under the applicable state laws that are directly related to the Contractor's cost of applying for an abandoned vehicle title.

3.5. Tow Truck Operations and Equipment Requirements

A. Tow truck classifications are determined by the City, State, and Arizona Department of

Public Safety (DPS) Tow Truck Rules and Regulations.

B. The Department will determine and communicate the number of tow trucks required to be staged at a designated location near the State Fair no later than 24 hours prior to the opening of the State Fair on any given day.

C. If additional tow trucks are needed beyond those in advance, the Department will first request such additional resources from the Contractor. If the Contractor is unable to provide the requested additional tow trucks, the City reserves the right to obtain such services from an alternate vendor. All additional tow trucks and services requested will be compensated in accordance with the contract's established rates.

D. Throughout the term of the contract, the Contractor must provide:

1. A minimum of five (5) tow trucks available for service at all times;

2. Qualified personnel, properly licensed, sufficient to safely operate all required equipment.

a. Drivers shall refrain from using profane or vulgar language in a public area while performing work under this contract.

E. The Contractor shall furnish tow trucks of various classifications, including but not limited to:

1. Heavy-duty tow trucks;

2. Medium-duty tow trucks;

3. Flatbed tow trucks;

4. Wheel-lift car carrier.

F. All equipment shall be maintained in safe operating condition and deployed in a timely and professional manner to meet the needs of the contract.

G. The Contractor shall not:

1. Assign, sublet, transfer, convey, or otherwise dispose of any interest in this contract, in whole or in part, without the prior written consent of the City. Any unauthorized assignment or subcontracting shall constitute a material breach of contract and may result in immediate termination of the contract for default.

2. Subcontract for tow truck driver labor services unless a form SS-8 has been filed with the IRS and the IRS has determined that tow truck driver position qualifies as that of an independent contractor. The Contractor shall be in full compliance with Circular E, Employers Tax Guide of the Internal Revenue Service Department and in full compliance with all State of Arizona Worker's Compensation insurance regulations.

Any bids submitted with the intention of subcontracting tow truck driver labor service must submit a completed IRS SS-8 form that has been so approved by the IRS.

3.6. Storage Facilities

A. At all times during the contract period, the Contractor shall:

1. Tow all vehicles to a temporary storage facility designated and provided by the City or State at no cost to the Contractor. All towed vehicles will remain at this temporary storage facility, pursuant to the Department direction, for approximately one (1) hour following the official closing time of the State Fair for each applicable day. After this time period has passed, the Contractor will remove designated vehicles at the

Department's request to the storage facility designated by the Contractor pursuant to this contract. All vehicles moved to the Contractor storage facility will be removed from the temporary lot within one hour of the Department's request.

2. Provide all equipment necessary to perform contract services at the temporary storage facility. At a minimum, the Contractor will provide:

a. A fully functioning portable office trailer;

b. Generator;

c. Tables and chairs;

d. Adequate lighting;

e. Restroom facilities.

3. Provide internet access with secure data connections sufficient to transmit all invoices, Vehicle Removal Forms, and all required documentation to the Public

Records and Service Bureau on the same calendar day the vehicle is towed.

4. Provide all equipment necessary to maintain the temporary storage lot in safe and operable condition, including the ability to spray water and control dust.

a. The Contractor shall perform this maintenance daily prior to opening the lot to public access.

5. Staff to the temporary storage facility with personnel to process payments, billing, and vehicle releases for all hours the facility is open to the public, as directed by the

Department.

6. Staff the Contractor's permanent storage facility to properly release and appraise during the following hours:

a. Monday through Friday: 8:00 a.m. to 6:30 p.m.

b. Saturday: 8:00 a.m. to 12:00 p.m.

c. Sundays: Closed

i. No gate or after-hours fees shall be charged prior to:

I. 8:00 p.m., Monday through Saturday

II. 12:00 p.m. on Sundays

7. Observe the City Holidays.

8. Provide access to towed vehicles located at the temporary storage facility within thirty (30) minutes of request, or at the time of relocation, whichever occurs first, for the purpose of retrieving documents or personal property.

9. Collect all applicable fees and release vehicles and all owner property within thirty

(30) minutes of request when the owner or authorized agent is present at either the temporary or the Contractor's storage facility.

10. Maintain sufficient storage facilities to adequately perform the services required under this contract, such as:

a. Comply with all applicable City of Phoenix zoning requirements.

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

b. Be located in areas zoned A-1, A-2, or other zoning districts that permit outdoor vehicle storage.

c. Have a minimum of one (1) acre available at contract start.

d. Be located within a fifteen (15) mile radius of the State Fair.

e. Be enclosed by a fence at least six (6) feet in height.

f. Provide lighting of no less than one-half (1/2) watt per square foot of storage area.

B. All contractor-provided storage facilities used under this contract shall be registered with the Department. Vehicles and property shall not be stored at any other location other than:

1. The City- or State-designated temporary storage facility; or

2. Contractor storage facilities approved and on record with the Department.

C. The Contractor shall not:

1. Relocate property from the designated storage facility for a minimum of fourteen (14) calendar days unless:

a. The property is claimed by the owner or authorized agent; or

b. The owner or authorized agent directs the property to be moved.

2. Charge an additional towing fee in connection with the transfer of property to an alternative storage lot at the Contractor's discretion.

3. Charge a fee to remove property from a storage facility.

D. If, after fourteen (14) calendar days, instructions have not been received from the property owner or authorized agent, the Contractor may move the property to an alternative storage lot that also meets the physical requirements of the contract.

E. There shall be no open lot fee charged by Contractor for releasing property as provided in this section, even if the property storage is not Contractor's regular place of business.

3.7. Signage Requirements

A. The Contractor shall provide and maintain, at all times, clearly visible signage at the public entrance of each storage facility, for contract tows, including the City- or State-provided storage facility.

B. All signage shall comply with applicable federal, state, and local laws and shall meet the following requirements:

1. Provide and install a vinyl sign displaying "State Fair Impounded Vehicles" with a directional arrow. The sign shall:

a. Measure no less than ten (10) feet in length and three (3) feet in height.

b. Include lettering no less than fifteen (15) inches in height.

c. Use color that clearly contrasts with the background.

d. Be securely installed prior to the daily opening of the temporary storage lot.

e. Be removed after daily closing and properly stored and secured by the

Contractor.

C. A statement listing applicable City of Phoenix contract towing rates, daily storage rates, and all applicable fees, including those established under Phoenix City Code 36 for property stored at the facility.

D. A statement indicating the full payment of all applicable fees is required prior to vehicle release, in accordance with Arizona Revised Statutes (A.R.S.) § 28- 872 (H) (2).

E. The following statement shall be posted:

1. ''The Police Department may remove and impound any unoccupied vehicle of any kind or description found violating any provisions of the Phoenix City Code, or any of the ordinances of the City of Phoenix or the laws of the State of Arizona regulating the standing or parking of vehicles".

F. All required signage shall:

1. Use lettering with a minimum height of two (2) inches.

2. Be in a color that clearly contrasts with the background.

3. Be positioned in a location that is clearly visible to the public at the point of entry.

3.8. Regulatory Compliance and Permits

A. The Contractor must:

1. Be qualified to obtain and maintain all permits and meet all insurance requirements required by ADOT, as applicable to the use of ADOT facilities for temporary storage during the State Fair.

2. Provide all required insurance documentation to ADOT on an annual basis throughout the term of the contract.

3. Comply with applicable laws of the State of Arizona related to towing, storage, and disposal of abandoned or impounded vehicles, including submission of all required electronically filed reports to ADOT.

B. A copy of this written evidence of representation shall be retained at the Contractor's place of business for one (1) year from the date of receipt.

https://phoenix.municipal.codes/CC/36 https://www.azleg.gov/ars/28/00872.htm

3.9. Safekeeping of Property

A. The Contractor may only remove property or other personal effects from inside a towed or impounded vehicle if the contents of the vehicle cannot be locked securely in the vehicle or trunk. The Contractor may place the bagged and labeled vehicle contents in a secondary location at or within the same tow yard location to provide for the security and safekeeping of the items. Violations of this provision will constitute a material breach of the contract and will be grounds for immediate termination of this contract.

B. If the Contractor finds:

1. Drugs or Weapons: The Contractor will contact the Phoenix Police Department immediately so an officer can respond and impound items.

2. Personal Property: The Contractor will bag, tag, take a picture of the contents, and leave them secured in the vehicle or trunk until claimed.

C. The Contractor shall be responsible for any damage caused to property as a result of

Contractor's own actions, including, but not limited to, any damage caused as a result of moving the property to a storage lot, from a storage lot, or within a storage lot.

D. Notwithstanding any other provision of this contract:

1. The removal of property from a vehicle or other property towed pursuant to this contract by the Contractor, or any other person acting with the permission, express or implied, of Contractor, without the express permission of the vehicle's or the property's owner, or the owner's authorized agent, is a serious and material breach of this contract and shall be grounds for immediate termination of this contract. The

Contractor is responsible for the supervision of all persons who are granted or permitted access to the property to ensure that this provision is not violated. This provision shall apply regardless of whether the Contractor's management was aware of the unauthorized removal, and regardless of the purpose for the unauthorized removal.

2. Any act on the part of the Contractor to disable, or further disable, property towed pursuant to this contract by the Contractor, unless done in specific furtherance of an obligation imposed on the Contractor by this contract, is a serious and material breach of this contract and shall be grounds for immediate termination of this contract. The Contractor is responsible for the supervision of all persons who are granted or permitted access to the property to ensure that this provision is not violated. This provision shall apply regardless of whether the Contractor's management was aware of the act to disable, and regardless of the purpose for the act to disable.

3. The intentional act of the Contractor to reduce the value of, or to lessen the cosmetic appearance of, property towed pursuant to this contract, without the express written permission of the property's owner, or the owner's authorized agent, is a serious and material breach of this contract and shall be grounds for immediate termination of this contract. The Contractor is responsible for the supervision of all persons who are granted or permitted access to the property to ensure that this provision is not violated. This provision shall apply regardless of whether the Contractor's management was aware of the act identified herein, and regardless of the purpose for the act identified herein. This provision shall not apply to the natural operation of time or the elements on the condition of the property.

3.10. Service Records

A. The Contractor shall maintain records and/or computer files separate from all other records and/or computer files the Contractor may keep, of all property towed under this contract, showing, as applicable, the following:

1. Location where the property was picked up (Precinct No. and Address).

2. Location to which the property was taken.

3. The date and time of the tow.

4. Phoenix Police Department Incident Number.

5. Make, model, and year of the property.

6. License plate number and State issued.

7. Vehicle identification number or serial number.

8. Signature and serial number of the Phoenix Police Department employee authorizing service.

9. Name and signature of individual or authorized agent to whom the property was released, or pursuant to whose instructions the property was disposed of.

10. Total charges to date.

11. Contractor invoice number.

B. If it should be determined that a vehicle was impounded under an incorrect VIN, either through an audit performed by the Arizona Department of Public Safety, an inspection performed by the Arizona Department of Motor Vehicles, or otherwise, Contractor will immediately notify the Department and the Public Records and Services Bureau by facsimile or electronic transmission of the correct VIN ascertained through the audit, inspection or otherwise.

3.11. Billing, Towing Invoices, and Payment

A. Billing shall begin when the tow truck arrives at the designated staging area or at the time designated by the Department for staging to begin, whichever occurs later.

1. The Contractor will charge the City for towing and the release of vehicles

a. At the City- or State-provided storage facility.

b. At the Contractor's storage facility.

c. When the tow truck is in service, and when it is out picking up vehicles.

d. Stand by time will only be calculated when trucks are not actively in-service towing vehicles.

e. Billing will end when the truck is released from service by the Department. Any truck released from service before the passage of two (2) hours will be paid for two (2) hours.

f. Supervisor charge: May be charged only when the City requests the presence of a supervisor at the tow scene.

i. Time shall be prorated to the nearest quarter hour

ii. A minimum charge of one-half (1/2) hour shall apply.

I. For example, if the hourly rate is $40.00 and the supervisor spends 10 minutes at the scene, the charge will be $20.00 ($40.00 per hour x % hour). If the supervisor spends 1 hour and ten minutes, the charge would be $50.00 ($40.00 + (.25 x $40.00)).

iii. Any invoice containing a charge for supervisor time must be approved by the on-scene Phoenix Police Department employee by signature on the tow invoice, in addition to other invoice requirements.

iv. No compensation will be made by the City for a supervisor who appears at the scene of the tow upon request of a person other than the City.

B. The following charges will be paid by the Customer:

1. Towing and release of the vehicle at the City- or State-provided storage lot.

2. Towing and release of the vehicle at Contractor's storage facility.

3. Storage at Contractor's storage facility per day

a. Property that has reached the storage location may be charged for one (1) day's storage, regardless of the amount of time that the property remains at the storage location. An additional day's storage may only be charged beginning at

12:01 a.m. of the following day. For example, if a vehicle reaches the storage location at 2:00 p.m. on day 1 and is recovered at 4:00 p.m. on day 1, one day's storage may be charged. If that same vehicle is picked up at 11:00 a.m. of day 2, two day's storage may be charged. If the vehicle is picked up at 1:00 p.m. on day

3, three day's storage may be charged.

4. After-hours gate fee: This fee is the charge for granting access to Contractor's storage location to a customer who arrives outside of the lot staffing hours established in the "Storage Facilities" section of this contract.

5. Exemptions:

a. The vehicle was impounded in error by the Department; or

b. A delay recovery of a stolen property was caused by the failure of the

Department to promptly notify the owner of the recovery.

i. In these instances, only, the Department will be responsible for payment of any towing and storage charges.

6. The Contractor shall accept, at a minimum, cash, Visa, and MasterCard (debit and credit) as payment methods.

C. The Contractor will not charge:

a. If the vehicle is hooked, but the tow is cancelled by the Department representative before the vehicle is moved from its location.

b. Any vehicle that is towed to the City- or State-provided storage facility and then re-towed to the Contractor's storage facility is to be charged the tow, re-tow, and storage rates only.

c. For 'dry runs': Dry runs are defined as a request for a tow from the Department representative, where the tow is cancelled before the vehicle is hooked, or before the vehicle is hooked and towed to the temporary City- or State-provided storage.

D. The City will not be responsible for non-payment of charges by vehicle or property owners. The Contractor shall comply with all applicable laws governing the collection of monies owed for services provided pursuant to this contract.

E. The Contractor shall submit all towing invoices electronically to the Department and the

Public Records and Services Bureau, 100 W. Washington, 4th Floor, Phoenix, Arizona

85003, or ppd.prsb.admin@phoenix.gov and impound@phoenix.gov, within thirty (30) days of the date services are provided. The Department will review and approve all towing invoices within thirty (30) calendar days of receipt, and only upon such approval may the Contractor submit an invoice for payment to the City in accordance with Section

5 Special Terms and Conditions, Subsection 5.4. Method of Invoicing. See 3.2.E for the definition of Towing Invoice as it pertains to Section 3.11.

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