Training_for_EPA’s_Lead-Based_Paint_Activities.pdf

CITY OF TUCSON

REQUEST FOR QUOTE

250110

TRAINING FOR EPA’S LEAD-BASED PAINT ACTIVITIES

Due Date: Tuesday, May 13, 2025

City of Tucson

255 W Alameda St

Tucson, AZ 85701

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

Public Portal https://secure.procurenow.com/portal/tucson-az/projects/154009

PUBLISH DATE: April 23, 2025 https://secure.procurenow.com/portal/%7Bproject.government.code%7D https://secure.procurenow.com/portal/%7Bproject.government.code%7D/projects/%7Bproject.id%7D https://secure.procurenow.com/portal/%7Bproject.government.code%7D/projects/%7Bproject.id%7D

CITY OF TUCSON REQUEST FOR QUOTE NO. 250110

BUSINESS SERVICES DEPARTMENT Page 2 of 33 SHARED SERVICES PROCUREMENT DIVISION RESPONSIBLE CONTRACT OFFICER: Trina Miller

255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701 PH: (520) 837-4135

Attachments:

A - Offer and Acceptance B - Price Page

C - HUD-5369-B

BUSINESS SERVICES DEPARTMENT Page 3 of 33

A. Notice of Request for Quotation

I. INTRODUCTION:

The City of Tucson, Business Services Department, Shared Services – Procurement Division (“Procurement Division”) is requesting quotes from qualified firm(s) for the purpose of establishing a Service Agreement for Training for EPA’s Lead-Based Paint Activities, as per the Scope of Work.

II. AWARD OF SERVICE AGREEMENT(Contract):

A. Unless otherwise provided within this Request for Quotation, the City reserves the right to award by individual line item, by group of line items, or as a total, whichever is deemed most advantageous to the City.

B. Notwithstanding any other provision of the Service Agreement, the City reserves the right to:

1. waive any immaterial defect or informality; or

2. reject any or all quotes, or portions thereof; or

3. reissue a Request for Quote.

C. A response to the Request for Quotation is an offer to contract with the City based upon the terms, conditions, and Specifications contained in the City’s Request for Quote. Quotes do not become Contracts unless and until they are executed by the City’s Director of Business Services or authorized representative. The Service Agreement has its inception in the award, eliminating a formal signing of a separate Contract. All of the terms and conditions of the Service Agreement are contained in this Request for Quotation document, unless any of the terms and conditions are modified by an Amendment.

D. Total payments under this Agreement will not exceed $100,000.00.

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B. Introduction

B.1. Summary

The City of Tucson is requesting quotes from qualified firms for the purpose of establishing a Service Agreement to provide in-person training for City employees on an as-needed basis, as per the Scope of Services. The Contractor must be an Environmental Protection Agency (EPA) Accredited Training Provider under the Lead-Based Paint Activities Program. This training will contain all the elements required in various regulatory statutes to include, but not be limited to, Federal, State, and Municipal mandates.

U.S. Department of Housing and Urban Development (HUD) funding will be utilized for the services under the resultant Contract. Therefore, the services under the resultant Contract are subject to the HUD terms and conditions which are included as attachments to this Solicitation and will be incorporated into the resultant Contract. These terms and conditions cannot be modified or negotiated.

By submitting an Offer, the Offeror must agree to abide by the Federal terms and conditions included as attachments to this Solicitation.

B.2. Background

The City Housing and Community Development (HCD) Department’s Lead Hazard Reduction and Healthy Homes Programs help make homes healthier and safer within the City of Tucson. In 2024, the City HCD Department was awarded the Lead Hazard Reduction Grant by HUD, Office of Lead Hazard Control and Healthy Homes (OLHCHH). The Lead Hazard Reduction Grant has a performance period of 48 months, meaning the grant funds are valid for use over a four-year period. The grant period ends February 15, 2029.

B.3. Contact Information

Trina Miller Contract Officer Email: trina.miller2@tucsonaz.gov Phone: (520) 837-4135 Department:

Housing and Community Development mailto:trina.miller2@tucsonaz.gov tel:(520)837-4135

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C. Scope of Services

C.1. Lead-Based Paint (LBP) Activities Training Requirements

A. Initial Training Courses

1. EPA Lead Abatement Worker: Contractor will be responsible to provide the full-length initial EPA-approved training course for Lead Abatement Worker certification.

a. The lead abatement worker course shall last a minimum of sixteen (16) training hours, with a minimum of eight (8) hours devoted to hands-on training activities.

b. Training will provide, at a minimum, instruction in the following topics:

i. Role and responsibilities of an abatement worker;

ii. Background information on lead and its adverse health effects;

iii. Background information on Federal, State and City regulations and guidance that pertain to lead-based paint (LBP) abatement;

iv. LBP hazard recognition and control;

v. LBP abatement and LBP hazard reduction methods, including restricted practices;

vi. Interior dust abatement methods/cleanup or LBP hazard reduction;

vii. Soil and exterior dust abatement methods or LBP hazard reduction.

c. Instruction in the topics described in paragraphs A.1.b.iv, v, vi, and vii of this section must be included in the hands-on portion of the course.

2. EPA Lead Inspector: Contractor will be responsible to provide the full-length initial EPA-approved training course for Lead Inspector certification.

a. The lead inspector course shall last a minimum of twenty-four (24) training hours, with a minimum of eight (8) hours devoted to hands-on training activities.

b. Training will provide, at a minimum, instruction in the following topics:

i. Role and responsibilities of an inspector;

ii. Background information on lead and its adverse health effects;

iii. Background information on Federal, State, and City regulations and guidance that pertains to LBP and LBP activities;

iv. LBP inspection methods, including selection of rooms and components for sampling or testing;

v. Paint, dust, and soil sampling methodologies;

vi. Action levels and testing, including random sampling;

vii. Preparation of the final inspection report;

viii. Recordkeeping.

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c. Instruction in the topics described in paragraphs A.2.b.iv, v, vi, and vii of this section must be included in the hands-on portion of the course.

3. EPA Lead Risk Assessor: Contractor will be responsible to provide the full-length initial EPA-approved training course for Lead Risk Assessor certification.

a. The lead risk assessor course shall last a minimum of sixteen (16) training hours, with a minimum of four (4) hours devoted to hands-on training activities.

b. Training will provide, at a minimum, instruction in the following topics:

i. Role and responsibilities of a risk assessor;

ii. Collection of background information to perform a risk assessment;

iii. Sources of environmental lead contamination such as paint, surface dust and soil, water, air, packaging, and food;

iv. Visual inspection for the purposes of identifying potential sources of LBP hazards;

v. Lead hazard screen protocol;

vi. Sampling for other sources of lead exposure;

vii. Interpretation of LBP and other lead sampling results, including all applicable Federal or State guidance or regulations pertaining to LBP hazards;

viii. Development of hazard control options, the role of interim controls, and operations and maintenance activities to reduce LBP hazards;

ix. Preparation of a final risk assessment report.

c. Instruction in the topics described in paragraphs A.3.b.iv, vi, and vii of this section must be included in the hands-on portion of the course.

4. EPA Lead Supervisor: Contractor will be responsible to provide the full-length initial EPA-approved training course for Lead Supervisor certification.

a. The lead supervisor course shall last a minimum of thirty-two (32) training hours, with a minimum of eight (8) hours devoted to hands-on activities.

b. Training will provide, at a minimum, instruction in the following topics:

i. Role and responsibilities of a supervisor;

ii. Background information on lead and its adverse health effects;

iii. Background information on Federal, State, and City regulations and guidance that pertain to LBP abatement;

iv. Liability and insurance issues relating to LBP abatement;

v. Risk assessment and inspection report interpretation;

vi. Development and implementation of an occupant protection plan and abatement report;

vii. LBP hazard recognition and control;

viii. LBP abatement and LBP hazard reduction methods, including restricted practices;

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ix. Interior dust abatement/cleanup or LBP hazard control and reduction methods;

x. Soil and exterior dust abatement or LBP hazard control and reduction methods;

xi. Action levels and testing;

xii. Cleanup and waste disposal;

xiii. Recordkeeping.

c. Instruction in the topics described in paragraphs A.4.b.v, vii, viii, ix, and x of this section must be included in the hands-on portion of the course.

5. For each initial training course described in paragraphs A.1., A.2., A.3., and A.4. of this section, the Contractor will be responsible to instruct students in the next steps that are required to apply and test for the certification in that discipline, including but not limited to the following:

a. Timeline to apply for and receive certification;

b. Guidance in where to submit an application;

c. Information about the materials an applicant is required to submit for certification;

d. What to expect after application (i.e., EPA's letter instructing the applicant in how to register for and take the required third-party exam for that discipline);

e. Recertification requirements.

B. Refresher Training Courses

1. The Contractor will be responsible to provide refresher EPA-approved training courses in each of the following LBP disciplines:

a. Lead Abatement Worker;

b. Lead Inspector;

c. Lead Risk Assessor;

d. Lead Supervisor.

2. Each refresher course shall:

a. Last a minimum of eight (8) hours;

b. Review the curriculum topics of the full-length course listed under paragraph A of this section, as appropriate;

c. Include, at a minimum, the following:

i. An overview of current safety practices relating to LBP in general, as well as specific information pertaining to the appropriate discipline;

ii. Current laws and regulations relating to LBP in general, as well as specific information pertaining to the appropriate discipline;

iii. Current technologies relating to LBP in general, as well as specific information pertaining to the appropriate discipline;

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iv. A hands-on component and assessment.

3. For each refresher training course indicated in paragraphs B.1.a., B.1.b., B.1.c., and B.1.d.

of this section, the Contractor will be responsible to instruct students in the next steps that are required to apply for recertification in that discipline, including but not limited to the following:

a. Timeline to apply for and receive recertification;

b. Guidance in where to submit an application;

c. Information about the materials an applicant is required to submit for recertification.

C.2. General Requirements

A. Accreditation

1. The Contractor must be currently accredited, and remain so throughout the term the Contract, by the United States (U.S.) Environmental Protection Agency (EPA) to teach certified initial and refresher training courses in English for lead abatement workers, inspectors, risk assessors, and supervisors in accordance with EPA’s Lead-Based Paint (LBP) Activities regulations 40 CFR Part 745, Subpart L and as it may be amended or updated throughout the term of the resultant Contract.

2. Prior to Contract award, the Contractor must provide the City with a copy of the U.S. EPA certificate showing the Contractor is currently accredited to conduct initial and refresher training in English for each of the following LBP Activities training courses:

a. Lead Abatement Worker;

b. Lead Inspector;

c. Lead Risk Assessor;

d. Lead Supervisor.

3. Throughout the term of the resultant Contract, the City reserves the right to request a copy of the Contractor's EPA certificate(s) showing proof of current accreditation to conduct training for each of the LBP Activities training courses described in the Scope of Services.

B. Course Attendance, Materials, and Tests

1. The Contractor will provide a sign-in roster for each day of each training course in order to capture the first and last name of each attendee.

2. The Contractor will provide a copy of each attendance sheet to the City Contract Representative within two (2) business days following the completion of a training course.

3. The Contractor will provide all instructional materials and tests for use in the training course.

4. For each initial and refresher training course, the Contractor shall conduct a test at the completion of the course, and if applicable, a hands-on assessment, or in the alternate, a proficiency test for that discipline.

C. Course Completion Certificate

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1. The Contractor shall provide a unique course completion certificate to each individual who passes a training course.

2. The Contractor will provide the City Contract Representative with a copy of each individual's completion certificate who passed a training course.

3. The course completion certificate for each training course must include the following:

a. The name, a unique identification number, and address of the individual;

b. The name of the particular course that the individual completed;

c. Dates of course completion/test passage;

d. The name, address, and telephone number of the training program;

e. The language in which the course was taught;

f. The expiration date of interim certification, which is six (6) months from the date of course completion.

D. Course Delivery

1. In-Person Training: All training courses will be delivered in-person.

2. On-Site Training:

a. Upon request by the City Contract Representative or designee, the Contractor shall provide on-site training at a location or locations designated and secured by the City, provided the minimum number of attendees required for the specified training course is met.

b. The minimum number of attendees required for each training course will be determined by the Contractor, as specified on the Price Page attached herein.

c. On-site shall be defined as training conducted at a location within the City of Tucson, as designated and secured by the City.

3. Off-Site Training:

a. The Contractor shall provide off-site training at the Contractor's designated training location(s) upon request by the City Contract Representative (or designee) or when the minimum number of attendees is not met for on-site training to occur.

b. The minimum number of attendees required for each training course will be determined by the Contractor, in accordance with the Price Page attached herein.

c. Off-site training shall be defined as training conducted at the Contractor's training location, which may be within or outside the City of Tucson limits.

C.3. Invoice Requirements

A. All invoices submitted by the Contractor for work completed under the scope of the resultant Contract must be itemized and contain the following information:

1. Vendor Name and Address

2. Customer Bill to Name and Address

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3. Legal Contract Number and Title

4. Supplier Contract Number (SCON)

5. Purchase Order Number

6. Unique Invoice Number

7. Date of Invoice

8. Date of Service(s)

9. Service Location(s)/Address

10. Contract Representative Name

11. Description of Service Completed, including but not limited to the following:

a. Training Course Name;

b. Initial or Refresher Training;

c. On-Site or Off-Site Training, as defined in this Scope of Services.

12. Unit Pricing, in accordance with Price Page

13. Total Invoice Amount

B. The Contractor will send an electronic copy of the invoice and supporting documentation to the following email address: HCDAccountsPayable@tucsonaz.gov.

C. The Contractor will provide a copy of all invoices to the City Contract Representative.

mailto:HCDAccountsPayable@tucsonaz.gov

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D. Vendor Questionnaire

D.1. Delivery Timeline* Delivery is promised within _____ calendar days after receipt of an order.

*Response required

D.2. Please enter the sales tax percentage.*

*Response required

D.3. Prompt Payment Discount Terms* The price(s) herein can be discounted by _______%, if payment is made within ______ days. These payment terms shall apply to all purchases and to all payment methods.

*Response required

D.4. Does your firm have a City of Tucson Business License?* ☐ Yes

☐ No

*Response required

When equals "Yes"

Please upload a copy of your business license.

D.5. Will payment be accepted via commercial credit card?* ☐ Yes

☐ No

*Response required

When equals "Yes"

Can commercial payment(s) be made online?

☐ Yes

☐ No

When equals "Yes"

Will a third party be processing the commercial credit card payment(s)?

☐ Yes

☐ No

When equals "Yes"

BUSINESS SERVICES DEPARTMENT Page 12 of 33

Indicate the percentage transaction fee per transaction (as allowable, per Section

5.12.2 of the MasterCard Transaction Processing Rules).

When equals "No"

Will consideration be given to accept the card?

☐ Yes

☐ No

D.6. Forms to be Filled Out Please ensure that all required information is included with your response.

A. Technical Proposal

B. Pricing Proposal

C. Offer and Acceptance Form

Technical Proposal* Please upload your response to the Evaluation Criteria: Qualifications and Experience AND Method of Approach .

*Response required

Pricing Proposal* Please upload your Pricing Proposal.

*Response required

Offer and Acceptance Form* Please upload your signed Offer and Acceptance form.

*Response required

BUSINESS SERVICES DEPARTMENT Page 13 of 33

E. Offer Evaluation and Contract Award

E.1. Evaluation Criteria

REQUIREMENTS SPECIFIC TO EVALUATION CRITERIA: The narrative portion and the materials presented in response to this Request for Quote should be submitted in the same order as requested and must contain, at a minimum, the following:

A. Price

B. Qualifications and Experience

C. Method of Approach

E.2. Additional Investigations

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

E.3. Other Information

Information that evaluation committee members have about a Respondent beyond what is provided may be taken into consideration during the evaluation process.

E.4. City's Right to Waive Defects or Reject Offers

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

A. Waive any immaterial defect or informality; or

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

C. Reissue the Solicitation.

E.5. Price

A. Tax Offset Policy. If applicable under Section 28-16 (2) of the Tucson Procurement Code, the City will include the amount of all business privilege taxes other than the City’s in evaluating the pricing component of each Offer.

B. Payment Discounts. Any discounts offered by Respondent for payments made within 21 calendar days or more will be deducted from the proposed price in evaluating a Respondent's pricing. However, the City may take advantage of any early- or timely-payment discounts offered by a Respondent. Any proposed payment discount will apply to all purchases and to all payment methods

E.6. Contract Negotiations

At the City’s discretion, it may negotiate with one or more of the Respondents to agree upon the final conditions, terms and/or price. In doing so, the City will treat Respondents fairly and will not disclose

BUSINESS SERVICES DEPARTMENT Page 14 of 33 any Respondent information. Exclusive or concurrent negotiations do not constitute a contract award and do not confer any rights to the Respondents participating in such negotiations. In the event the City deems that negotiations are not progressing, the City may formally terminate these negotiations and may enter into concurrent or exclusive negotiations with the next most qualified Respondent(s).

E.7. Award of Contract

A Contract is created when, and only when, it is formally awarded, which occurs when the Business Services Director or their designee and the City Attorney sign the Offer and Acceptance page of the Successful Respondent's submittal.

E.8. Multiple Awards

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

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F. Special Terms and Conditions

F.1. Term and Renewal

The term of the Contract shall commence upon award and shall remain in effect for a period of one (1) year, unless terminated, canceled or extended as otherwise provided herein. The Contractor agrees that the City of Tucson shall have the right, at its sole option, to renew the Contract for four (4) additional one year periods or portions thereof. In the event that the City exercises such rights, all terms, conditions and provisions of the original Contract shall remain the same and apply during the renewal period with the possible exception of price and minor scope additions and/or deletions.

F.2. Price Adjustment

The City will review fully documented requests for price adjustment only at the time of Contract renewal and/or extension and will be a factor in the extension review process. The City will determine whether the requested price adjustment or an alternate option, is in the best interest of the City. Any price adjustment will be effective upon the effective date of the Contract extension.

F.3. HUD Clause

Any Contract awarded pursuant to this Solicitation will contain the United States Department of Housing and Urban Development (HUD) Terms and Conditions listed in the corresponding attachment titled, HUD-5369-B.

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G. Insurance

G.1. The Contractor agrees to

A. Obtain insurance coverage of the types and amount required in this section and keep such insurance coverage in force throughout the life of this Contract. All policies will contain an endorsement providing that written notice be given to the City at least thirty (30) calendar days prior to termination, cancellation, or reduction in coverage in any policy.

B. The Commercial General Liability, Commercial Automobile Liability and umbrella policies where applicable will include the City as an additional insured with respect to liability arising out of the performance of this Contract. Such additional insured shall be covered to the full limits of liability purchased by the Contractor, even if those limits of liability are in excess of those required by this Contract. The Contractor agrees that the insurance hereunder will be primary and that any insurance carried by the City will be excess and not contributing.

C. Provide and maintain minimum insurance limits as applicable.

G.2. Commercial General Liability

Policy shall include Bodily Injury, Property Damage, Personal Injury and Broad Form Contractual Liability:

Each Occurrence: $1,000,000

General Aggregate: $2,000,000

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

Personal and Advertising Injury: $1,000,000

Blanket Contractual Liability: $1,000,000

G.3. Commercial Automobile Liability

Policy shall include Bodily Injury and Property Damage, for any owned, Hired, and/or Non-owned vehicles used in the operation, installation and maintenance of facilities under this Contract.

Combined Single Limit: $1,000,000

G.4. Worker's Compensation (Applicable to the State of Arizona)

Per Occurrence: Statutory

Employer's Liability: $1,000,000

Disease Each Employee: $1,000,000

Disease Policy Limit: $1,000,000

*Sole Proprietor/Independent Contractor designation is given to those who desire to waive their rights for workers’ compensation coverage and benefits as outlined in ARS § 23-901 and specifically ARS §

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23-961 (N). If applicable, please request the Sole Proprietor/Independent Contractor form from the Contract Officer listed in the solicitation.

G.5. Professional Liability (Errors & Omissions)

Each Claim: $1,000,000

Annual Aggregate: $2,000,000

G.6. Claims Made Insurance Coverage

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

G.7. Additional Insurance Requirements

All Policies, excluding Employment Practices Liability and Professional Liability (Errors & Omissions), shall include or be endorsed to include the following provisions:

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

B. The insurance afforded the Contractor shall be primary insurance and that any insurance carried by the City of Tucson and its agents, officials or employees shall be excess and not contributory.

C. Coverage provided by the Contractor shall not be limited to the liability assumed under the indemnification provisions of this Contract.

G.8. Notice of Coverage Modifications

Any changes material to compliance with this Contract in the insurance policies above shall require

(10) days written notice from the Contractor to the City of Tucson. Such notice shall be sent directly to the Procurement Division.

G.9. Acceptability of Insurers

Contractors insurance shall have an “A.M. Best” rating of not less than A-VII. The City of Tucson in no way warrants that the required minimum insurer rating is sufficient to protect the Contractor from potential insurer insolvency.

G.10. Verification of Coverage

Contractor shall furnish the City of Tucson with certificates of insurance (ACORD form or equivalent approved by the City of Tucson) as required by this Contract. The certificates for each insurance policy are to be signed by an authorized representative.

All certificates and endorsements are to be received and approved by the City of Tucson before work commences. Each insurance policy required by this Contract must be in effect at or prior to

BUSINESS SERVICES DEPARTMENT Page 18 of 33 commencement of work and remain in effect for the duration of the contract and two (2) years after completion. Failure to maintain the insurance policies as required by this Contract, or to provide evidence of renewal upon the City’s request, is a material breach of contract.

All certificates required by this Contract shall be sent directly to the Procurement Division.

The City of Tucson project/contract number and project description shall be noted on the certificate of insurance. The City of Tucson reserves the right to require complete copies of all insurance policies required by this Contract at any time.

G.11. Subcontractors

Contractors’ certificate(s) shall include all subcontractors as insureds under its policies or Contractor shall furnish to the City of Tucson separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to the minimum requirements identified above.

G.12. Exceptions

In the event the Contractor or sub-contractor(s) is/are a public entity, then the Insurance Requirements shall not apply. Such public entity shall provide a Certificate of Self- Insurance.

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H. Standard Terms and Conditions

H.1. Advertising

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

H.2. Affirmative Action

Contractor shall abide by the provisions of the Tucson Procurement Code Chapter 28, Article XII.

H.3. Americans with Disabilities Act

The Contractor shall comply with all applicable provisions of the Americans with Disabilities Act (Public Law 101-336, 42 U.S.C. 12101, et seq.) and applicable Federal regulations under the Act.

H.4. Applicable Law

This Contract shall be governed, and the City and Contractor shall have all remedies afforded to each, by the Tucson Procurement Code and the law of the State of Arizona. State law claims shall be brought only in Pima County Superior Court.

H.5. Assignment Delegation

No right or interest in this Contract shall be assigned by the Contractor without prior written permission of the City, and no delegation of any duty of the Contractor shall be made without prior written permission of the City's Director of Business Services. The City shall not unreasonably withhold approval and shall notify the Contractor of the City's position by written notice.

H.6. Child/Sweat-Free Labor Policy

The Contractor shall comply with all applicable provisions of the United States Federal and State Child Labor and Worker's Right laws and agrees if called upon to affirm in writing, that they, and any subcontractor involved in the provision of goods to the City, are in compliance.

H.7. Clean-Up

The Contractor shall at all times keep the contract area, including storage areas used by the Contractor, free from accumulation of waste material or rubbish and, prior to completion of the work, remove any rubbish from the premises and all tools, scaffolding, equipment and materials not property of the City.

Upon completion of the repair, the Contractor shall leave the work and premises in clean, neat and workmanlike condition.

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H.8. Commencement of Work

The Contractor is cautioned not to commence any billable work or provide any material or service under this Contract until Contractor receives purchase order or is otherwise directed to do so, in writing, by the City.

H.9. Confidentiality of Records

The Contractor shall establish and maintain procedures and controls that are acceptable to the City for the purpose of assuring that no information contained in its records or obtained from the City or from others in carrying out its functions under the Contract shall be used by or disclosed by it, its agents, officers, or employees, except as required to efficiently perform duties under the Contract. Persons requesting such information should be referred to the City. Information pertaining to individual persons shall not be divulged other than to employees or officers of Contractor as needed for the performance of duties under the Contract, unless otherwise agreed to in writing by the City.

H.10. Contract Addenda

The Procurement Division has the sole authority to:

A. Amend the contract or enter into supplemental verbal or written agreements;

B. Grant time extensions or contract renewals; and

C. Otherwise modify the scope or terms and provisions of the contract.

This Contract shall only be modified with the approval of the Procurement Division. Except in the case of a documented emergency, approval must be granted prior to performance. Any contract modification not explicitly approved by the Procurement Division through a written contract addendum or change order is performed at the sole risk of the Contractor and may not be eligible for payment by the City.

H.11. Contract

The Contract shall contain the entire agreement between the City of Tucson and the Contractor relating to this requirement and shall prevail over any and all previous agreements, contracts, proposals, negotiations, purchase orders, or master agreements in any form.

H.12. Default in One Installment to Constitute Total Breach

Contractor shall deliver conforming materials in each installment or lot of this Contract and may not substitute nonconforming materials. Delivery of nonconforming materials, or default of any nature, may constitute breach of the Contract. Noncompliance may be deemed a cause for possible Contract termination.

H.13. Duplexed/Recycled Paper

In accordance with efficient resource procurement and utilization policies adopted by the City of Tucson, the Contractor shall ensure that, whenever practicable, all printed materials produced by the Contractor

BUSINESS SERVICES DEPARTMENT Page 21 of 33 in the performance of this Contract are duplexed (two-sided copies), printed on recycled paper and labeled as such.

H.14. Enforcement, Laws and Ordinances

This Agreement shall be enforced under the laws of the State of Arizona.

Each party must comply with all applicable federal, state, county, and City laws, ordinances, and regulations. Contractor shall ensure Contractor’s obligation regarding payment of all taxes, licenses, permits, and other expenses of any nature associated with the provision of services herein.

H.15. Equal Pay

The Contractor shall comply with the applicable provisions of the Equal Pay Act of 1963 (Pub.L. 88-38, 29 U.S.C. section 206(d)); Title VII of the Civil Rights Act of 1964 (Pub.L. 88-352, 42 U.S.C. 2000e et.seq.; and, the Lily Ledbetter Fair Pay Act of 2009 (Pub.L. 111-2).

H.16. Exclusive Possession

All services, information, computer program elements, reports and other deliverables created under this Contract are the sole property of the City of Tucson and shall not be used or released by the Contractor or any other person except with prior written permission by the City.

H.17. Federal Immigration Laws and Regulations

Contractor warrants that it complies with all Federal Immigration laws and regulations that relate to its employees and complies with A.R.S. § 23-214(A) and that it requires the same compliance of all subcontractors under this Contract. Contractor acknowledges that pursuant to A.R.S. § 41-4401 and effective September 30, 2008, a breach of this warranty is a material breach of this Contract subject to penalties up to and including termination of this Contract. The City retains the legal right to audit the records of the Contractor and inspect the papers of any employee who works for the Contractor to ensure compliance with this warranty and the Contractor shall assist in any such audit. The Contractor shall include the requirements of this paragraph in each contract with subcontractors under this Contract.

Contractor warrants that it complies with all Federal Immigration laws and regulations that relate to its employees and complies with A.R.S. § 23-214(A) and that it requires the same compliance of all subcontractors under this Contract. Contractor acknowledges that pursuant to A.R.S. § 41-4401 and effective September 30, 2008, a breach of this warranty is a material breach of this Contract subject to penalties up to and including termination of this Contract. The City retains the legal right to audit the records of the Contractor and inspect the papers of any employee who works for the Contractor to ensure compliance with this warranty and the Contractor shall assist in any such audit. The Contractor shall include the requirements of this paragraph in each contract with subcontractors under this Contract.

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H.18. Force Majeure

Except for payment of sums due, neither party shall 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 shall 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 shall notify the other party in writing of such delay, as soon as is practical, of the commencement thereof and shall specify the causes of such delay in such notice. Such notice shall be hand-delivered or mailed certified-return receipt and shall make a specific reference to this article, thereby invoking its provisions.

The delayed party shall cause such delay to cease as soon as practicable and shall notify the other party in writing when it has done so. The time of completion shall 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.

H.19. Gratuities

The City may, by written notice to the Contractor, terminate this Contract if it is found that gratuities, in the form of entertainment, gifts, meals 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 amending, or the making of any determinations with respect to the performing of such Contract. In the event this Contract is terminated by the City pursuant to this provision, the City shall be entitled, in addition to any other rights and remedies, to recover or withhold from the Contractor the amount of the gratuity.

H.20. Human Relations

Contractor shall abide by the provisions of the Tucson City Code Chapter 28, Article XII.

H.21. Indemnification

To the fullest extent permitted by law, Contractor, its successors, assigns and guarantors, will indemnify, defend, and hold harmless the City and its officials, employees, volunteers, and agents, from and against all allegations, demands, proceedings, suits, actions, claims (including but not limited to claims of patent, trademark, or copyright infringement), liability, damages, losses, expenses (including but not limited to attorney fees and court costs, including the cost of appellate proceedings, and all claim-adjusting-and-handling expenses) or disbursements of any kind or nature, that may be asserted against, imposed on, or incurred by any of them, in any way relating to or arising from any actions, errors, mistakes or omissions of Contractor or any subcontractor or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable relating to work, services and/or products provided under this Contract.

Contractor is responsible for primary loss investigation, defense and judgment costs where this indemnification is applicable. Contractor agrees to waive all rights of subrogation against the City, its agents, officials, employees, and volunteers for losses arising from the work performed by Contractor under this Contract.

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H.22. Independent Contractor

It is understood that each party shall act in its individual capacity and not as an agent, employee, partner, joint venturer, or associate of the other. An employee or agent of one party shall not be deemed or construed to be the employee or agent of the other party for any purpose.

The Contractor shall not be entitled to compensation in the form of salaries, holidays, paid vacation, sick days, or pension contributions by the City. The City of Tucson will not provide any insurance coverage to the Contractor, including Worker's Compensation coverage. The Contractor is advised that taxes, social security payments, and other withholdings shall not be withheld from a City payment issued under this Contract and that Contractor should make arrangements to directly pay such expenses. Contractor is responsible for compliance with the Affordable Care Act for Contractor and any of Contractor’s employees.

H.23. Inspection and 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 shall be held at the Contractor's risk and may be returned to the Contractor. If returned, all costs are the responsibility of the Contractor. Noncompliance may be deemed a cause for possible Contract termination.

H.24. Interpretation Parole Evidence

This Contract is intended by the parties to be 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 of the trade shall be relevant to supplement or explain any term used in the Contract. Acceptance or consent in the course of performance under this Contract shall not be relevant to determine the meaning of this Contract even though the accepting or consenting party has knowledge of the nature of the performance and the opportunity to object.

H.25. Licenses

Contractor shall maintain in current status all Federal, State, and local licenses and permits required for the operation of the business conducted by the Contractor as applicable to this Contract.

H.26. Liens

All materials, services, and other deliverables supplied to the City under this Contract shall be free of all liens other than the security interest. Security interest shall extinguish upon full payment made by the City. Upon the City’s request, the Contractor shall provide a formal release of all liens.

H.27. No Replacement of Defective Tender

Every tender of materials must fully comply with all provisions of this Contract. If a tender is made which does not fully comply, this shall conform to the termination clause set forth within this document.

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H.28. Non-Exclusive Contract

Any contract resulting from this solicitation shall be awarded with the understanding and agreement that it is for the sole convenience of the City of Tucson. The City reserves the right to obtain like goods or services from another source when necessary.

H.29. Overcharges by Antitrust Violations

The City maintains that, in actual practice, overcharges resulting from antitrust violations are borne by the purchaser. Therefore, to the extent permitted by law, the Contractor hereby assigns to the City any and all claims for such overcharges as to the materials or services used to fulfill the Contract.

H.30. Payment

The City’s preferred method of payment is via credit card. The City will issue a Purchase Order and, in some cases, either provide a credit card for payment at the time of ordering or pay subsequent invoices by credit card upon receipt of goods or services in good order. However, not all City employees will possess a credit card and, therefore, the City reserves the right to make payment by check as it deems necessary.

Unless payment is made by credit card at time of order or point of sale, a separate invoice shall be issued for each shipment of material or service performed, and no payment shall be issued prior to receipt of material or service and correct invoice. The invoice shall not be dated prior to the receipt of goods or completion of services.

In consideration of the performance of the services described in the Scope of Services, the City shall pay the Contractor the sum or amounts as set forth herein and the Contractor shall charge the City only in accordance with those same amounts.

The City will pay the Contractor following submission of itemized invoice(s) for the services rendered.

No payment shall be issued prior to receipt of material or service and correct invoice. Each itemized invoice must bear a written certification by an authorized City representative, confirming the services for which payment is requested have been performed. The City shall make every effort to process payment for the purchase of materials or services within twenty-one (21) calendar days after receipt of materials or services and a correct invoice.

The Contractor's payment terms shall apply to all purchases and to all payment methods.

H.31. Prevention of Heat-Related Illnesses and Injuries

If Contractor’s employees or contract workers will perform work under this Contract in an outdoor environment, Contractor must have and implement a written plan listing the preventative and proactive measures that Contractor will take to protect those employees and contract workers from heat hazards (the “Heat Safety Plan”) while performing that work. The City may request a copy of this Heat Safety Plan and documentation of all heat safety and mitigation efforts currently implemented by Contractor to prevent heat-related illnesses and injuries for work done under this Contract. The Heat Safety Plan must also be posted where it is accessible to employees. At a minimum, the Heat Safety Plan must include each of the following elements as it relates to heat safety:

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A. Availability of sanitized cool drinking water free of charge at locations that are accessible to all employees and contract workers.

B. Ability to take regular and necessary breaks as needed and additional breaks for hydration.

C. Access to shaded areas and/or air conditioning.

D. Access to air conditioning in vehicles with enclosed cabs.

E. Effective acclimatization practices to promote the physiological adaptation of employees or contract workers newly assigned or reassigned to work in an outside environment.

F. Training of employees and contract workers, no later than one week prior to being deployed to work in an outdoor environment, on heat illness and injury that focuses on environmental and personal risk factors, prevention, how to recognize and report signs and symptoms of heat illness and injury, how to administer appropriate first aid measures, and how to report heat illness and injury to emergency medical personnel.

G. The posting of signage at the job site that contains information, in both English and Spanish, explaining how to (a) recognize and report signs and symptoms of heat illness and injury; (b) administer appropriate first aid measures, and (c) report heat-related illness and injury to emergency medical personnel. The signage must also include a phone number for reporting heat violations to OSHA/ADOSH.

H. Providing written notification to all employees and contract workers regarding their new worker protections under this provision. This notification shall be provided to existing employees and during the onboarding process for new employees. The notification shall be provided to each worker in the language preferred by that worker and must be posted in the workplace.

Contractor will incorporate this section in all subcontracts with subcontractors or other entities or individuals who may perform work under this Contract, including the requirement that those subcontractors impose the same obligations under any sub-subcontractors. It is the obligation of Contractor to ensure compliance with this provision by its subcontractors. City may terminate this Contract for failure to comply with this provision.

H.32. Protection of Government Property

The Contractor shall use reasonable care to avoid damaging existing buildings, equipment, and vegetation (such as trees, shrubs, and grass) on City property. If the Contractor fails to do so and damages such property, the Contractor shall replace or repair the damage at no expense to the City, as determined and approved by the City’s Director of Business Services. If the Contractor fails or refuses to make such repair or replacement, the City will determine a cost and the Contractor shall be liable for the cost thereof, which may be deducted from the Contract price.

H.33. Provisions Required by Law

Each and every provision of law and any clause required by law to be in the Contract shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon the application of either party the Contract shall be amended to make such insertion or correction.

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H.34. Records

Internal control over all financial transactions related to this Contract shall be in accordance with sound fiscal policies. Contractor shall maintain books, records, documents, and other evidence directly pertinent to the performance of the Work under this Contract in accordance with generally accepted accounting principles and practices consistently applied and other applicable local, state or federal regulations.

Contractor shall, at all times during the term of this Contract and for a period of three (3) years after the completion of this Contract, maintain such records, together with such supporting or underlying documents and materials.

Contractor shall ensure City has these rights with Contractor’s employees, agents, assigns, successors, and subcontractors, and the obligations of these rights shall be explicitly included in any subcontracts or agreements formed between the Contractor and any subcontractors to the extent that those subcontracts or agreements relate to fulfillment of the Contractor’s obligations to City.

H.35. Right to Audit

The City and its authorized representatives shall have the right, upon reasonable written notice to Contractor, to cause an audit to be made of the Contractor's books and records which relate to its operations under this Contract. The audit shall be limited to the term of this Contract. The City shall have the right to examine and to make copies of or extracts from all financial and related records (in whatever form they may be kept, whether written, electronic, or other) relating to or pertaining to this Contract kept by or under the control of the Contractor, including, but not limited to those kept by the Contractor, its employees, agents, assigns, successors and subcontractors. Such records shall include, but not be limited to, accounting records, subcontractor records, payment vouchers and invoices.

The Contractor shall at any time requested by City, whether during or after completion of this Contract, and at Contractor’s own expense make such records available for inspection and audit (including copies and extracts of records as required) by City. Such records shall be made available to City during normal business hours at the Contractor’s office, place of business, an agreed to location, mailed or provided electronically.

If, as a result of such audit, the Contractor is liable to the City for the payment of any sum, Contractor shall promptly pay such sum to the City together with interest thereon at the rate of one percent (1%) per month from the date such sums…