unified print program services rfp. - phoenix.gov 15... · 22/08/2014 · contractually bind the...

CITY OF PHOENIX Procurement Division

REQUEST FOR PROPOSAL

RFP 15-040 (MPH)

CITYWIDE UNIFIED PRINT PROGRAM SERVICES

CONTACT PERSON Mary Hammer, CPPO

Procurement Manager 602-262-7793

[email protected]

SECTION I - SOLICITATION INSTRUCTIONS


251 W. Washington Street 8th Floor

Phoenix, AZ 85003 Phone: (602) 262-7181

Solicitation No. RFP 15-040 (MPH)

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SECTION I – SOLICITATION INSTRUCTIONS ................................................................................................................................................. 3 1. INTRODUCTION ........................................................................................................................................................................................ 4 2. SOLICITATION NOTICE ............................................................................................................................................................................ 4 3. SCHEDULE OF EVENTS ........................................................................................................................................................................... 4 4. OBTAINING A COPY OF THE SOLICITATION AND ADDENDA .............................................................................................................. 5 5. PREPARATION OF PROPOSAL ............................................................................................................................................................... 5 6. SOLICITATION ADDENDA ........................................................................................................................................................................ 6 7. PRICES AND PRICING .............................................................................................................................................................................. 6 8. LICENSES .................................................................................................................................................................................................. 6 9. CERTIFICATION ........................................................................................................................................................................................ 6 10. DISCLOSURE OF OWNERSHIP ............................................................................................................................................................... 6 11. ELECTRONIC DOCUMENTS ..................................................................................................................................................................... 7 12. PROPOSAL CONTENTS ........................................................................................................................................................................... 7 13. SUBMISSION OF PROPOSAL ................................................................................................................................................................. 17 14. WITHDRAWAL OF OFFER ...................................................................................................................................................................... 17 15. OFFER AND ACCEPTANCE PERIOD ..................................................................................................................................................... 17 16. PROPOSAL OPENING ............................................................................................................................................................................. 17 17. CLARIFICATIONS .................................................................................................................................................................................... 18 18. EVALUATION CRITERIA……………………………………………………………………………………………………………………………18 19. RIGHT TO INVESTIGATE ………………………………………………………………………………………..………….……………………...18 20 CITY'S RIGHT TO DISQUALIFY FOR CONFLICTS OF INTEREST…………………………………………………………………………...18 21. TAKING EXCEPTIONS……………………………………………………………………………………………………………………………....18 22. AWARD RECOMMENDATION ................................................................................................................................................................. 19 23. SOLICITATION TRANSPARENCY POLICY ............................................................................................................................................ 19 24. PROTEST PROCESS .............................................................................................................................................................................. 20

SECTION II – STANDARD TERMS AND CONDITIONS ................................................................................................................................. 21 1. DEFINITION OF KEY WORDS USED IN THE SOLICITATION ............................................................................................................... 21 2. CONTRACT INTERPRETATION .............................................................................................................................................................. 22 3. CONTRACT ADMINISTRATION AND OPERATION ............................................................................................................................... 23 4. COSTS AND PAYMENTS ........................................................................................................................................................................ 26 5. CONTRACT CHANGES ........................................................................................................................................................................... 27 6. RISK OF LOSS AND LIABILITY ............................................................................................................................................................... 28 7. WARRANTIES .......................................................................................................................................................................................... 29 8. CITY’S CONTRACTUAL RIGHTS ............................................................................................................................................................ 30 9. CONTRACT TERMINATION .................................................................................................................................................................... 32

SECTION III – SPECIAL TERMS AND CONDITIONS .................................................................................................................................... 33 1. TERM OF CONTRACT (Initial Term, Renewal Term and Maximum Term) ............................................................................................. 33 2. PRICES AND PRICE ADJUSTMENTS .................................................................................................................................................... 33 3. METHOD OF ORDERING (Contract Order Release) ............................................................................................................................... 33 4. METHOD OF INVOICING (Contractor’s Invoices) .................................................................................................................................... 33 5. METHOD OF PAYMENT (Contract Order Release) ................................................................................................................................. 34 6. INSURANCE REQUIREMENTS ............................................................................................................................................................... 34 7. CONTRACTOR WORKERS BACKGROUND SCREENING: ................................................................................................................... 36 8. BACKGROUND SCREENING REQUIREMENTS AND CRITERIA…..……………………………………………………….……………….36 9. CONTRACTOR CERTIFICATION; CITY APPROVAL OF MAXIMUM RISK BACKGROUND SCREENING .......................................... 37 10. TERMS OF THIS SECTION APPLICABLE TO ALL OF CONTRACTORS' CONTRACTS AND SUBCONTRACTS……..………..…….38 11. MATERIALITY OF BACKGROUND SCREENING REQUIREMENTS: INDEMNITY ............................................................................... 38 12. CONTINUING DUTY…..…………………………………………………………………………………………………………………………….38 13. EMPLOYEE IDENTIFICATION AND ACCESS ........................................................................................................................................ 38 14. CONTRACTOR BACKGROUND SCREENING…..………………………………………………………………………………………………38 15. CONTRACT WORKER ACCESS CONTROLS, BADGE AND KEY ACCESS REQUIREMENTS ........................................................... 39 16. HAZARDOUS MATERIALS REQUIREMENTS - MSDS……..…………………………………………………………………………………..41 17. PERFORMANCE INTERFERENCE ......................................................................................................................................................... 41 18. COMMUNICATION IN ENGLISH……………………………………………………………………………………………………………………41

SECTION IV – STATEMENT OF WORK ......................................................................................................................................................... 43 1. INTRODUCTION, BACKGROUND AND FLEET FACTS ......................................................................................................................... 43 2. SCOPE AND OBJECTIVES ..................................................................................................................................................................... 44 3. GENERAL REQUIREMENTS ................................................................................................................................................................... 45 4. SPECIFIC REQUIREMENTS AND SPECIFICATIONS RELATED TO COPIER/MULTIFUNCTIONAL DEVICES (MFDs) AND

NETWORKED LASER PRINTERS ........................................................................................................................................................... 47




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SECTION V – SUBMITTALS ............................................................................................................................................................................ 63 SOLICITATION RESPONSE CHECK LIST ...................................................................................................................................................... 63 SUBMITTAL 1 – OFFER AND ACCEPTANCE ................................................................................................................................................ 64 SUBMITTAL 2 – SOLICITATION ADDENDA ................................................................................................................................................... 66 SUBMITTAL 3 – DISCLOSURE OF OWNERSHIP: ......................................................................................................................................... 67 SUBMITTAL 4 -- CONFORMANCE WITH TERMS AND CONDITIONS .......................................................................................................... 68 SUBMITTAL 5 – STATEMENT OF WORK RESPONSE .................................................................................................................................. 69 SUBMITTAL 6 – PRICES AND PRICING ......................................................................................................................................................... 70 SUBMITTAL 7 – CONFIDENTIAL INFORMATION: ......................................................................................................................................... 71

SECTION IV – EXHIBITS ................................................................................................................................................................................. 72




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ECTION I – SOLICITATION INSTRUCTIONS

1. INTRODUCTION

The City of Phoenix invites sealed proposals for a Citywide Unified Print Program Services for a five-year period with monthly, quarterly or annual renewals for up to two additional years in accordance with the specifications and provisions contained herein.

This solicitation is available in large print, Braille, audio tape, or computer diskette. Please call (602) 262-7181/Fax (602) 534-1933 or TTY (602) 534-5500 for assistance.

2. SOLICITATION NOTICE

A notice of this solicitation was issued via the City’s Contractor Management System (http://bizopps.phoenix.gov) using the following commodity codes.

600-38 Copy Machines, Bond (Plane) Paper Type Including Parts and Accessories

600-39 Copy Machines, Analog

600-42 Copy Machines, Including Parts and Accessories

600-43 Copy Machines, Digital-Networked

600-72 Multi-Function Office Machines

985-27 Copy Machines, Digital and Analog Types, Rental or Lease

985-58 Office Machines, Multi-Function, Rental or Lease

985-59 Office Machines, Equipment, and Accessories Rental or Lease (Not Otherwise Classified)

3. SCHEDULE OF EVENTS

Solicitation Published Date August 22, 2014

Pre- Proposal Conference Information

Date and Time

Location

September 9, 2014 at 11:00 AM Local Time

Calvin Goode Building Conference Room 827 251 W. Washington Street, 8th Floor Phoenix, AZ 85003

Written Inquiries Due Date September 16, 2014 by 5:00 PM Local Time

Proposal Submission Information

Due Date and Time

Location

October 3, 2014 by 2:00 PM Local Time

Calvin Goode Building City of Phoenix Finance Department Procurement Division 251 W. Washington Street, 8th Floor




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Phoenix, AZ 85003

City reserves the right to change dates and/or locations as necessary.

4. OBTAINING A COPY OF THE SOLICITATION AND ADDENDA

Offerors may download the complete solicitation and addenda from https://www.phoenix.gov/solicitations. Internet access is available at all public libraries. Any interested Offerors without Internet access may obtain this solicitation by calling (602) 262-7181 or picking up a copy during regular business hours at the City of Phoenix Finance Department, Procurement Division, 251 W. Washington Street, 8th Floor, Phoenix, AZ.

5. PREPARATION OF PROPOSAL

5.1. Offer shall be signed by an individual authorized to bind the Offeror. The Proposal shall clearly provide the name, title, address and telephone number of individuals with authority to contractually bind the company and who may be contacted during the period of the Contract.

5.2. Proposal shall be typewritten for ease of evaluation and shall be submitted in an 8½ x 11 inch loose leaf three-ring binder preferably using double-sided copying and at least 30% post-consumer content paper.

5.3. All Proposals shall include the forms provided in Section V, Submittal. Submittals must be complete and include all of the information required in the Solicitation Instructions and the additional instructions provided in Section V, Submittal. Erasures, interlineations, or other modifications of your proposal shall be initialed in original ink by the authorized person signing the proposal. No Proposal shall be altered, amended or withdrawn after the specified due time and date. The City is not responsible for Offeror’s errors and/or omissions. All time periods stated as a number of days shall be calendar days.

5.4. 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 a Proposal. Negligence in preparing a Proposal confers no right of withdrawal after the 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 Request for Proposal (“RFP”) document and other related data.

(c) Promptly notify the City of all conflicts, errors, ambiguities, or discrepancies which a Offeror has discovered in or between the RFP document and such other related documents.

5.5. The City does not reimburse the cost of developing, presenting or providing any response to this Solicitation. Proposals 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.

5.6. Device specifications, network/security conditions, service obligations and all other Copier/MFD- and Networked Laser Printer-related requirements are set forth in Section IV.4 below. Offerors are reminded that the specifications stated in this Solicitation are the minimum level required and that Proposals submitted must be for services that meet or exceed the




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minimum level of all features specifically listed in this Solicitation. Proposals offering less than the minimums specified are not responsive, and should not be submitted and are subject to rejection.

5.7. If provisions of the detailed specifications in this Solicitation preclude an otherwise qualified Offeror from submitting a Proposal, Offeror(s) shall submit a written request for modification to the Deputy Finance Director by the time and date stated within paragraph 3 “Schedule of Events,” “Written Inquiries Due Date.” If the City concurs with any of the requested modifications, the City may issue an addendum to this Solicitation.

5.8. Prices shall 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 shall prevail.

5.9. Prices offered shall not include applicable state and local taxes. The City will pay all applicable taxes. For the purposes of determining the lowest cost, the City will not take tax into consideration. Taxes must be listed as a separate item on all invoices.

6. SOLICITATION ADDENDA

The City of Phoenix shall not be responsible for any oral instructions made by any employees or officers of the City of Phoenix in regard to the bidding instructions, plans, drawings, specifications, or contract documents. Any changes to the plans, drawings and specifications will be in the form of an addendum, which will be available at https://www.phoenix.gov/solicitations or by calling (602) 262-7181. The Offeror shall acknowledge receipt of any and all addenda by signing and returning the document with the proposal submittal.

7. PRICES AND PRICING

Offerors must propose prices for all Copier/MFD equipment Segments listed in the Statement of Work of this Solicitation. Proposals containing incomplete Pricing Submittal Schedules A, B, C, D and E may be deemed non-responsive and rejected. The Pricing Submittal Schedules are locked so that only the pricing and other required information can be entered. All prices shall be firm and fixed for the initial five (5)-year contract period. The City of Phoenix makes no guarantee as to the quantity or dollar volume of any resultant contract. The City reserves the right to award a Contract that is deemed most advantageous to the City.

8. LICENSES

If required by law for the operation of the business or work related to this Proposal, Offeror must possess all valid certifications and/or licenses as required by federal, state and local laws at the time of submittal.

9. CERTIFICATION

By signature in the offer section of the Offer and Acceptance page, Offeror certifies:

(a) The submission of the offer did not involve collusion or other anti-competitive practices.

(b) The Offeror shall not discriminate against any employee, or applicant for employment in violation of Federal or State Law.

(c) The Offeror has not given, offered to give, nor intends to give at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with the submitted offer.




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10. DISCLOSURE OF OWNERSHIP

Offerors shall indicate in their Offer the name(s) of their corporate owner(s). Offerors shall also identify whether or not any such owner(s) also own any other companies, along with the full names of all such companies, including those companies that may also be submitting proposals in response to this Solicitation.

11. ELECTRONIC DOCUMENTS

This solicitation document is provided in an electronic format. Any unidentified alteration or modification to any solicitation documents, to any attachments, exhibits, forms, charts or illustrations contained herein other than to add the information requested shall be null and void and the City in its sole discretion may deem and offer non-responsive without any penalty to the City. If any and all instances where modifications are identified, the original document published by the City shall take precedence. Offerors are responsible for clearly identifying any and all changes or modifications to any solicitations document upon submission to the City.

12. PROPOSAL CONTENTS

As set forth in Section V – Submittals, at a minimum proposals shall include the following:

Submittal 1 – Offer Form. In accordance with the Solicitation Instructions, Preparation of Proposals, Offers shall include a signed Offer Submittal form.

Submittal 2 – Solicitation Addenda. In accordance with the Solicitation Instructions, Solicitation Addenda, Offers shall include and attach signed copies of any and all Solicitation Addenda, to the attached Submittal form.

Submittal 3 – Disclosure of Ownership. Offerors shall disclose the name(s) of their corporate owner(s). Offerors shall also identify whether or not any such owner(s) also own any other companies, along with the full names of all such companies, including those companies that may also be submitting proposals in response to this Solicitation.

Submittal 4 – Conformance With Terms and Conditions. Offerors shall list any exceptions to Section II Standard Terms and Conditions and Section III Special Terms and Conditions, along with the justification for such exception and any proposed alternate language to the given section taken exception to.

Submittal 5 – Statement of Work Response, In accordance with the Statement of Work, Offers shall include all information requested. The Offeror's response must include a completed Submittal 5 described, tabbed and numbered as indicated in “Tabular/Paginated Format” below with all information appearing in the tab in which it was requested. Submittal 5 requests for information should not be rearranged, regrouped or divided in any way. Responding companies should not combine or reorganize the headings and/or requests for information or indicate that the information will be included in another section. Information submitted that is not requested by the City may be considered to be supplemental and not subject to evaluation by the committee members. If there is any information requested in Submittal 5 which, due to size or binding, cannot be incorporated following the proper tab, the Offeror should provide information following the numbered tab telling the evaluator where the information can be found in the response. Paper copies of Submittal 5 responses should be tabbed, headed and numbered exactly as outlined in each section and the required information should be provided in the section under which it was requested by City. Section-by-section responses to the Section IV.4 Scope of Work are not required. Required Submittal 5 Statement of Work Response Tabular Format

TAB 1: TECHNICAL REQUIREMENTS




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State any and all product deviations to the specifications set forth in Section IV.4.2 through IV.4.5. If no deviations to the Copier/MFD specifications are noted herein, it shall be presumed that no product deviations exist. Please note that no one single product deviation, in and of it, is likely to automatically preclude a proposal from further consideration. As an example, if an Offeror were to offer a 32 page-per-minute device in Segment 3, or were to offer a Segment 4 monochrome device with only a 2,500-sheet capacity, or did not offer a Segment 3 color-enabled device with optional saddle-stitching capabilities, any of those deviations would be taken into consideration by the City and evaluated accordingly in the context of the entire proposal versus the competitive proposals submitted by other Contractors. However, all such Copier/MFD specification deviations, no matter how minor, must be noted and explained in this Section.

Include data sheets including specifications on all models configured as per the requirements of Section IV.4.2 through IV.4.5 that are being proposed on Pricing Submittal Schedule B.

Certify that all Copier/MFDs being proposed are fully compatible with the City’s existing network printing environment as required under Section IV.4.9. In addition, all embedded network security elements included on all Copier/MFDs shall be listed and described.

Provide the brand name and version level of the copy/print tracking and billing solution that enables Section IV.4.8 compliance with the automatic collection of the meter reading and departmental code data of all print/copy jobs produced on Copier/MFDs and Networked Laser Printers. Please also confirm that this software solution is included in your company’s proposed pricing on Pricing Submittal Schedules B and C.

As specified in Section IV.4.28, all job data sent from or to the proposed Copier/MFDs must be encrypted. Thus, identify specifically the technologies utilized to enforce encryption at all times. For instance, the Offeror shall describe which supported network protocols can be of the encrypted variety. Do the proposed devices support encrypted IPP / LDAP? What SSL versions are included? It is suggested to describe more, not less, encrypted protocol flavors with accompanying supported client drivers.

Copier/MFD Describe Offeror’s specific environmental sustainability programs to be implemented under a resulting Contract. A generic environmental policy brochure without customization for the City is not a sufficient response. Examples of specific programs the City is interested in include, but are not limited to: toner recycling programs, defaulting all units and drivers to duplex mode, inclusion of recycled (or recyclable) materials into all proposed Devices and biodegradable toners and materials. While general corporate initiatives of the manufacturing company should be provided as well, the City is keenly interested in any program that the Offeror can provide on a custom basis that will assist the City in reducing its greenhouse gas emissions.

Provide the NEMA plug configuration type of each Copier/MFD proposed.

State whether each proposed Copier/MFD will be compatible with the City’s Rightfax network fax server software. For those departmental locations requiring an analog fax board to be installed, please provide documentation verifying that fax functionalities of each proposed model are not tied to the same backplane (system board) as the onboard NIC or USB ports.

State whether each proposed color-capable Copier/MFD will be set from the factory to default to monochrome functionality as the priority document imaging mode for both walk-up copy, scanning and print-driver users.

Indicate whether monochrome-only print drivers can be made available for users of the color-capable Copier/MFDs being proposed.




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Indicate whether the proposed Copier/MFDs can be configured to securely hold all print jobs at the device until released using an acceptable password number. Also, indicate whether user identification codes can be set up globally for all devices and/or on individual devices from a remote location.

State whether color scanning capability is included on any of the monochrome models being proposed.

Confirm that printing/scanning to/from a USB thumb/flash drive is included on all models being proposed as required under Sections IV.4.2 through IV.4.5. Please indicate the USB drive format types that are compatible with the proposed devices.

State whether two-sided one-pass scanning (i.e., “simultaneous” or “perfect” scanning) capability is included on any of the models being proposed.

Describe whether the Copier/MFDs being proposed can create text-searchable PDF files providing greater access to documents archived in shared files and folders.

For each Copier/MFD proposed, indicate whether multiple pages can be scanned and either emailed or stored without having to go back-and-forth between the device and the PC workstation after scanning each page.

State whether proposed scanning solution for each Copier/MFD includes OCR software with advanced desktop layout analysis for editing, archiving and sharing.

State whether the scanning system for each proposed Copier/MFD is configured to support common network user authorization, authentication schemes and common directory protocols such as LDAP and native active directory. Are the processes the same as those required by the users’ network login e.g., user name and password? Can a user’s name be added to the “From” field for further verification of the sender? Does each Copier/MFD need to be programmed manually (remotely or otherwise) to incorporate each authorized user’s email addresses?

State whether each proposed device allows scanned documents to be encrypted for security purposes. If so, describe the process.

Indicate whether users can scan to a Windows share location on each Copier/MFD being proposed. Describe the procedures required for setting up Windows share locations.

State whether email notifications will be sent automatically to the designated City key operator and the Offeror’s assigned technicians via desktop or mobile device when each of the proposed units are out of paper, out of toner or otherwise require key operator attention.

Provide a brief description of how prints and copies will be separated on the finisher, exit trays, or both, of each Copier/MFD being proposed.




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a) Provide the item numbers and brand names for mailing labels and transparencies that are compatible with each Copier/MFD being proposed. The Offeror shall certify that the transparency film and mailing labels listed will run reliably on all Copier/MFDs being proposed. If the proposed Copier/MFDs are able to run the transparency film and mailing labels from all paper sources (drawers plus bypass), or if the paper sources are restricted when running this stock, the Offeror shall so state.

b) List and describe the specific network security elements (i.e. Encryption type, secure printing, and hard drive cleaning every set number of hours) that the Offeror is including in its various Pricing Submittal Schedules.

TAB 2: SUPPORT AND SERVICE SPECIFICATIONS

a) State whether the Copier/MFD-related Scope of Work found in Section IV.4 are

satisfactory with its funding entity, or if not, how the Offeror will comply with the requirements of the resulting Contract. Specific scope of work specification deviations contained in the Offeror’s Primary Proposal for each Product Category, if any, must be clearly stated in this Section of the Offeror’s proposal. If no deviations to the scope of work requirements are specifically noted, it shall be presumed that no deviations exist. It should be noted that no one single deviation, in and of itself, is likely to automatically preclude a proposal from further consideration. For example, if an Offeror were to offer 98% fleet-wide average Copier/MFD uptime, or did not offer an ability to add units on a co-terminus basis, or required a cap on the number of Copier/MFDs that the City could add during each year the agreement is in effect, those deviations would not eliminate the proposal from consideration, but would be taken into consideration by the City and judged accordingly in the context of the entire proposal versus the proposals submitted by other Contractors. However, all such scope of work deviations, no matter how minor, must be noted and explained in this tab of the Proposal.

b) In this Section provide any additional terms and/or conditions that the Offeror will require as part of any future agreement to include any third-party lease agreements.

c) The Offeror shall affirmatively state (answering “yes” or “no”) whether the service/supply pricing proposed in Pricing Submittal Schedule B includes the required minimum of four (4) full-time factory-trained technicians assigned to support the City’s Copier/MFDs and Networked Laser Printers. Please note: If the manufacturer of the proposed devices does not require a factory-trained technician to provide resolution for most break/fix service calls, please indicate whether customer support representatives will be substituted for the factory-trained technicians.

d) The Offeror shall describe the proposed technical support solution being offered to the various City Departments during extended operating hours. For example, would loaner devices be made available and/or would technical staff be made available for support calls during such periods?

e) List the preventive maintenance (PM) schedule (in terms of copy/print count intervals, time period intervals, or both), including both mini-PM and full-PM schedules if applicable, for all Copier/MFDs being proposed. Also, indicate the approximate number of hours required to perform mini-PMs and full PMs.




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f) State affirmatively (answering “yes” or “no”) whether the PM schedules published by Buyers Laboratory Inc. (BLI) will be followed. If the PM schedule, methodology, or both to which the Offeror prescribes are different from that which the manufacturer recommends (for example, if your technicians perform regular cleaning on every service call and do not follow the manufacturer’s set PM schedules), please indicate “no” and explain. Whether the Offeror answers “yes” or “no,” describe the manner in which the City will be informed of PM work that has been performed on the various units installed.

g) State whether one-page summary sheets showing basic user steps for copying, scanning and printing, or on-line user training modules, or both, will be made available for each Copier/MFD being proposed.

h) The Offeror shall indicate the City and State of its nearest parts and supplies warehouse that would support the Copier/MFD and Networked Laser Printer fleets at various City departmental locations.

i) For each Copier/MFD being proposed, the Offeror shall clearly list which components or parts will be considered user-replaceable. Further, the approximate aggregate time involvement to replace these components or parts per Copier/MFD per month shall be listed for each Copier/MFD being proposed.

j) Provide examples and exhibits of the monthly billing and proactive service reporting that will be made available to the City for each Product Category.

k) Provide an explanation of how the Offeror plans to adjust billing in the event of a department losing funding. Specifically, would your company absolve the City of continuing to pay for this department’s device?

l) Provide documentation (in the form of a notarized Joint Venture agreement) of any intent to use another company or companies or private individual(s) as a subcontractor(s) for any part or the whole of the services offered in response to this RFP. The City reserves the right to approve or reject any subcontracting agent or to reject proposals based on the use of subcontracted work.

TAB 3: CORPORATE EXPERIENCE/REFERENCES

a) A one to two page executive summary of the Offeror’s proposal, including brief

descriptions of the company’s expertise procuring a contract the size and scope described in the RFP and how the Offeror plans to address the City’s requirements as stated herein.

b) Contact name(s) and title(s) of the individual(s) responsible for the company’s proposal and negotiation during this RFP process. Please include the organizational chart beginning with your account management team through CEO of your company.

c) Provide a brief corporate history and overview, inclusive of: (a) The Offeror headquarters address; (b) The Offeror office address nearest to Phoenix, AZ; (c) The number of factory-certified technicians located in or within a 50-mile radius of Phoenix for Copier/MFDs; and (d) The per-Product Category machine in field (MIF) population of Copier/MFDs and Networked Laser Printers in or within a 50-mile radius of Phoenix.

d) Provide a manufacturer support letter stating that in the unlikely event your servicing company is unable to provide service; the manufacturer will arrange for or provide all necessary parts and service support at the same prices quoted in the Offeror’s proposal. The manufacturer will also guarantee in its letter that all products installed under a resulting Contract will be fully compatible with future versions of the most popular network operating systems.

e) Indicate whether the Offeror is factory-authorized to provide service, to provide service for product(s) within each Product Category.




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f) Discuss the specific role and responsibility of each key team member in providing the requested services to include both prime and subcontractor(s). Identify key personnel and the roles they will undertake during the term of this Contract. If key personnel cannot be named at the time of proposal submittal, the Offeror must specify the reason and present a plan to include key personnel.

g) The Offeror will clearly state its funding source, or state that it is using an internal funding source. If using an internal funding source, the Offeror shall state whether this is a private label leasing arrangement with a leasing company or an internal source of funds. If a private label leasing arrangement is proposed, the leasing company supporting that arrangement must be stated herein.

h) Provide a listing of any county, state or federal tax liens or other liens filed against the company and/or its property.

i) Provide the date of the Offeror’s company founding in (or within a 50-mile radius of) Phoenix, AZ and the number of years providing the specific equipment brand(s) and related services being proposed to the City

j) Provide the Offeror’s legal trade status (i.e. corporation, publicly traded corporation, partnership, etc.).

k) Provide five (5) customer references, preferably consisting of government entities with over 250 Multifunctional Devices and Networked Laser Printers located in Arizona or neighboring states. The City of Phoenix should be listed as a reference if your firm is currently providing relevant products and/or services. Include only current references within the current calendar year and previous three (3) calendar years (2014, 2013, 2012 and 2011). The City may contact these references during the evaluation process. Past performance in working with the City, if applicable, will be taken into consideration when evaluating overall reference data. Information provided for each reference shall include: 1. Reference legal name 2. Dates of contract 3. Name of the Offeror’s project manager or other representative 4. Reference contact person, direct-line phone number and email address 5. Initial and Final Dollar value of contract between Reference and the Offeror 6. Initial and Final number of Copier/MFDs contained in the contract between

Reference and the Offeror 7. 8. Which services/products your firm is providing to this Reference 9. The number of full-time on-site copier/printer factory-trained technicians or

customer support representatives (please specify) your firm has in place with this Reference

10. The number of Networked Laser Printers that are covered under a managed print services contract with this Reference

11. Percentage of Copier/MFDs and Networked Laser Printers with this Reference l) State the approximate percentage of the Offeror’s gross revenue from your customers

with a similar fleet dispersal that are currently under contracted Managed Print Services. Describe the special training or certifications of Offeror’s local (within a 50-mile radius of Phoenix) IT support staff.

m) Describe the process of how the Offeror will work with the City of Phoenix IT Department to guarantee ongoing “best value” for the City and its users through creative marketing, small business and diversity programs, “green” initiatives, and/or other programs. Describe any financial considerations and flexibility of the Offeror.




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n) Provide a list of clients with a similar fleet dispersal and number of on-site personnel that your company has lost in the past five (5) years and why contracted services were lost.

TAB 4: ASSESSMENT/IMPLEMENTATION PLAN a) For each Product Category, the Offeror shall provide a detailed work plan with

anticipated dates for step-by-step completion in accordance with the requirements of Section IV.4.30. The initial base fleet of Copier/MFD deliveries and installations shall commence after contract award and must be completed no later than December 31, 2014. It is mandatory for the awarded Contractor to perform detailed assessments of each City departmental site prior to any installations. Documented proof of each assessment conducted consisting of weekly reports of each site assessed, names of City staff visited, preliminary recommendations and names of Offeror representatives visiting each location will be required. The City retains the right to independently accept, reject or modify any assessment/installation/support plan provided by the Offeror.

b) Please include the following information: (a) The proposed number of the Offeror’s staff that will be assigned per team to conduct assessments; (b) The number of teams performing site assessments; and (c) Proposed dates for each anticipated project phase.

c) The installation plan shall also include necessary space and electrical requirements (NEMA plug types). Include a plan for scheduling ongoing “Technology Showcases” at certain later-to-be-named City sites to display and promote the latest technology being implemented. List the anticipated number of additional Offeror personnel required for Copier/MFD installation and training at the beginning of a resulting Contract. Indicate whether the initial key-operator training will be performed by dedicated company trainers or by sales representatives. Coordinating the scheduling of installation, service and training personnel shall at all times be the sole responsibility of Offeror.

d) Include a proposed geographical or device-type territory plan for the minimum of four (4) factory-trained technicians assigned to support all City-operated locations. Also please include a general plan for providing back-up technical personnel covering the various City locations for the factory-trained service technicians assigned to the City during vacations and sicknesses.

e) Include a general plan for assessing Networked Laser Printer Devices.. Under what conditions does the Offeror generally redeploy, swap or remove Networked Laser Printers? Under what conditions would a given City Department need to purchase a new printer under the impending contract? Who would own printers that have to be replaced under the Contract?

f) Describe in detail how the Offeror will provide installation, training and troubleshooting support to the City’s desktop services and end-user support teams for devices in each Product Category. The description will include, but not be limited to: A discussion of the steps to be taken in the event of installation/operation problems related to printing/scanning; how print/scan drivers and software, and related updates, will be installed on the City’s administrative workstations dispersed across all City locations; and how the Offeror’s off-site help desk personnel will work together with the various Information Technology Services groups within each City Department.

g) Provide the name and resume of the Account Executive who will be the primary contact for the City in the metro Phoenix area. Will this person be 100% dedicated to the City’s account?

h) Provide the name and resume of the Account Technicians who will be the primary contact for the City in the metro Phoenix area.




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i) The Offeror shall propose a plan for informing, and receiving prior written approval of, any City Departmental requests for adding MFDs or printers. Please provide sample approval forms that require the requesting City Department to properly document its need for adding print output devices and to obtain proper signatory approval prior to the placement of any additional devices under the impending Contract.

TAB 5: VALUE-ADDED SERVICES

a) The City has estimated its start-up costs under this initiative to be approximately

$400,000 (four-hundred thousand dollars). This amount includes allocations for certain internal program-related costs that must be incurred by the City. Variable start-up costs include lease buyout fees, network cabling, electrical upgrades and overall program management. The City desires Contractors submitting proposals to provide financial assistance up to the full amount of the anticipated start-up costs. In this Section, please indicate the amount of financial assistance the Offeror is willing to provide to the City contingent upon successful Contract negotiations. Additionally, verify any financial assistance being offered is excluded from the proposed pricing listed in Pricing Submittal Schedules A through E.

b) Indicate the methodology that the Offeror will use to provide a credit to the City for any on-hand printer toner cartridges at the inception of a resulting Contract. Also, please confirm that the proposing Offeror will provide a credit to the City for any on-hand printer toner cartridges at the end of the resulting contract.

c) Describe in full and explain any standard or optional value-added services that the Offeror will provide that are not part of the RFP’s requirements. Examples of such services might include behavior modification software and specific product capabilities that exceed the specifications stated herein. Please do not restate items that have previously been listed in the submitted proposal.

Submittal 6 – Prices and Pricing. In accordance with the Solicitation Instructions, Prices and Pricing, Offers shall include completed Pricing Submittal Schedules A, B, C, D and E for all Product Categories that the Offeror is responding to. The Pricing Submittal Schedules are attached to this RFP in Excel format and made an integral part thereof. All Submittals must include both hard-copy and electronic (.pdf and .xlsx) versions of the completed Pricing Submittal Schedules.

Offeror guidelines for completing the Pricing Submittal Schedules required to be included in Submittal 6 are as follows: The Offeror shall complete and submit Pricing Submittal Schedules A through E in their entirety and include completed versions in both hard-copy and electronic form. Cost/Price proposals shall be evaluated on total cost/price as represented by the proposed prices set forth in Pricing Submittal Schedules A through E. Incomplete or blank Pricing Submittal Schedules may not be considered. If an Offeror is not submitting a bid in response to one of the Product Categories, please so indicate on the appropriate Pricing Submittal Schedule.




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The Price Proposal shall contain answers as requested below in Submittal 6 along with the fully completed Pricing Submittal Schedules.

a) Certify that all pricing listed on the various Pricing Submittal Schedules shall be firm for the entirety of the term of the resulting Contract.

b) The Offeror will affirm that no additional costs, other than those identified on the various Pricing Submittal Schedules, or elsewhere clearly identified in its proposal, will be incurred by the City to meet the various specification and other technical requirements of this RFP.

c) On Pricing Submittal Schedule B, among other elements, the Offeror shall provide a breakdown of the total cost basis factors, along with the associated per-impression rates, that comprise the total Copier/MFD-related costs to the City. The total cost basis and per-impression elements shall encompass the total Contract costs associated with providing Copier/MFD hardware, preventive/emergency service (including the required factory trained technicians assigned to the City) and supplies.

d) On Pricing Submittal Schedule B, the Offeror shall indicate the applicable reduction in costs associated with the City retaining all Copier/MFDs installed under the resulting Contract in place as of January 1, 2020 and renewing the resulting Contract under identical terms and conditions on a monthly, quarterly or annual basis for up to two (2) additional years once the initial sixty (60) month term expires.

e) The Offeror shall indicate on Pricing Submittal Schedules B and E the respective service and supply per-impression costs to be charged to the City for all monochrome and color impressions produced on the proposed color-enabled Copier/MFDs and Networked Laser Printers.

f) The type of leasing/rental program being proposed (choose from Internal Funding, FMV, $1 Buyout, 10% Buyout, Rental and/or other) shall also be identified on Pricing Submittal Schedule B. The name of any third-party leasing partner, if applicable, shall also be clearly stated.

g) On Pricing Submittal Schedule B, for the Segment 2 and 3 Copier/MFDs being proposed, the Offeror shall identify the one-time flat-rate purchase price associated with adding three-hole punch finishing functionality on a per-Copier/MFD basis for those Segment 2 and 3 Copier/MFD locations requiring this feature. The one-time flat-rate purchase prices quoted shall be firm for the first ninety (90) days after Copier/MFD installation during the term of the resulting Contract. NOTE: Hole-punch finishing for Segment 4, 5 and 6 Copier/MFDs is a standard requirement and must be included in the Offeror’s Pricing Submittal Schedule B, C and D pricing.

h) As indicated in Sections IV.4.2 through IV.4.5, all installed Copier/MFDs must be compatible with Rightfax for inbound/outbound faxing. However, analog fax boards may also be required in certain rare instances. Therefore, on Pricing Submittal Schedule B, for the Segment 2 through 6 Copier/MFDs being proposed, the Offeror shall identify the one-time flat-rate purchase price associated with adding analog fax boards on a per-Copier/MFD basis for the Segment 2 through 6 Copier/MFD locations requiring this feature. The one-time flat-rate purchase prices quoted shall be firm for the first ninety (90) days after Copier/MFD installation during the term of the resulting Contract.

i) On Pricing Submittal Schedule B, for the Segment 2 through 6 Copier/MFDs being proposed, the Offeror shall identify the one-time flat-rate purchase price associated with adding saddle-stitch finishing functionality on a per-Copier/MFD basis for those device locations requiring this feature. The one-time flat-rate purchase prices quoted shall be firm during the first ninety (90) days after Copier/MFD installation during the term of the resulting Contract.




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j) On Pricing Submittal Schedule B, for hole punching, saddle-stitch finishing and analog fax board options added greater than 90 days following equipment installation, and/or for any other miscellaneous equipment options (such as additional paper trays, envelope feeders or alternate finishers) that are added at any time during the term of the resulting Contract, provide a discount percentage off of the then-in-effect manufacturer’s suggested retail price (MSRP) for each type of upgrade.

k) For leased Copier/MFDs, please describe the status of upgraded accessories purchased by the City as described in elements (j) through (m) above in Submittal 6. Specifically, would such purchased accessories be removed and returned to the City?

l) On Pricing Submittal Schedule B, the Offeror shall identify the maximum number of staple cartridges that are included during the term of the resulting Contract, or whether an unlimited number of staples will be made available. If the Offeror is not providing unlimited staples under Pricing Submittal Schedule B, the Offeror shall indicate herein the percentage discount off of the then-in-effect staple cartridge cost that would be extended to the City if the staple allotment indicated is exceeded during the term of the resulting Contract.

m) List the per-device charge, if any, for moving Segment 2 through 6 Copier/MFDs within the same facility, and the charge, if any, for moving such Copier/MFDs from one the City facility to another. This charge shall not apply during the initial installation of devices or the load-balancing of Copier/MFDs halfway through the term of any resulting Contract.

n) List the hourly rate for providing technical service support before 8:30 a.m. and after 5 p.m. each business day and during weekend hours.

o) State affirmatively (by answering “yes” or “no”) whether all Copier/MFD installation and de-installation charges, including those covering return freight and shipping charges for returning Copier/MFDs at the end of the resulting Contract, as well as those related to cleaning the device hard drives, are included in your Pricing Submittal Schedule B proposed pricing as per Sections IV.4.28 and IV.4.29 below.

p) Indicate whether the pricing set forth in Pricing Submittal Schedule B includes “follow-me” and/or print-directing/behavior modification software. Please note that, although these software packages not required under Section IV.4 above, such solutions may be used as tie-breakers between otherwise similar proposals. Among other features, these software packages will enable jobs to be accessed at any device and customizable pop-up notifications should pre-defined print page-count thresholds be exceeded. If such software is not included in proposed pricing, indicate any additional costs, including five years of support, related to installing and maintaining these options. Include a comprehensive explanation of the software’s technical specifications and software features. Finally, identify the amount of support time that the Offeror will provide to the Information Technology Services groups within each of the various City Departments in configuring this software.

q) Please list on Pricing Submittal Schedule C the net Monthly Base Equipment lease cost of the Copier/MFD models in each segment being proposed during each month of the equipment phase-in schedule as set forth in that Schedule, along with the net monthly cost for each offered software solution.

r) On Pricing Submittal Schedule D please provide the additional monthly lease cost to be incurred during each quarter of the resulting Contract term when adding unplanned Segment 2 through 6 Monochrome and Color Copier/MFDs as per Sections IV.4.13 and IV.4.14. On this Pricing Submittal Schedule, the Offeror will state a lease cost basis amount for Segment 2 through 6 Monochrome and Color Copier/MFDs configured as per Section IV.4.2 through IV.4.5 and a variable lease rate factor applicable during each quarterly period during the resulting Contract term.




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s) Please include the proposed cost-per-impression (CPI) for providing service, parts, supplies, labor and proactive “depot service” replacement of non-functional Monochrome and Color Networked Laser Printers on an overnight replacement basis on Pricing Submittal Schedule E. Also, indicate whether the toner cartridges and PM kits to be supplied under the Pricing Submittal Schedule E Networked Laser Printer service and supply cost per impression (CPI) are: (a) New OEM-branded; (b) New non-OEM (please indicate brand name and manufacturing source); or (c) Remanufactured (please indicate brand name and manufacturing source).

t) Please indicate your firm’s ability to provide and support wide-format color printers/plotters. Currently, various City Departments have an installed base of several dozen wide-format color printers/plotters from HP, Dell, Epson and other brands. In this Section, please indicate which brands your firm sells and/or services and provide sample purchase and service contract costs for popular models. If your firm does not sell or service these devices, please so indicate as well.

Submittal 7 – Confidential Information. In accordance with the Public Records clause in the Standard Terms and Conditions, Offerors shall list any and or all contents of their Proposal they deem to be confidential, in this Submittal form or attached immediately to this form. Prices shall not be considered confidential.

13. SUBMISSION OF PROPOSAL

Please submit one (1) original Submittal (Section V) and ten (10) electronic media submitted on a Flash/Jump Drive. The Submittal (Section V) shall be a singular electronic file in Adobe Acrobat (.pdf) format and the title of the file RFP 15-040 (MPH) (Offeror’s Name) “Submittal Section V. pdf”. (Please submit only Section V and do not submit an entire copy of the RFP). All pricing shall also be submitted in an Excel file format (.xlsx) on the same electronic media (Flash/Jump Drive).

Proposals must be in the actual possession of the Procurement Division on or prior to the exact time and date indicated in the Schedule of Events. Late Proposals shall not be considered. The prevailing clock shall be the City Finance Department, Procurement Division’s clock. Proposals must be submitted in a sealed envelope and the following information should be noted on the outside of the envelope:

Offeror’s Name Offeror’s Address (as shown on the Offer Form) RFP Number RFP Title

14. WITHDRAWAL OF OFFER

At any time prior to the solicitation due date and time, a Offeror (or designated representative) may withdraw the proposal by submitting a request in writing and signed by a duly authorized representative. Facsimiles, telegraphic or mailgram withdrawals shall not be considered.

15. OFFER AND ACCEPTANCE PERIOD

Proposals shall remain in effect for a period of one hundred ninety (190) calendar days from the Proposal Due Date and Time, and shall be irrevocable unless it is in the City’s best interest to do so. Upon the City’s written request and with the Offeror’s written concurrence, the offer and acceptance period may be extended for additional periods of time as necessary.

16. PROPOSAL OPENING

Proposals will be opened on the proposal due date, time and location indicated in the Schedule of Events at which time the name of each Offeror shall be read. Proposals and other information received




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in response to this Solicitation shall be shown only to authorize City personnel having a legitimate interest in them or persons assisting the City in the Proposal evaluation process. Proposals are not available for public inspection until after an award recommendation has been posted on the City’s website.

A preliminary tabulation will be posted on the Procurement Division’s website, https://www.phoenix.gov/finance/business-opportunities/bid-awards-and-recommendations within five (5) calendar days of the Proposal opening. The information on the preliminary tabulation will be posted as it was read during the Proposal opening. The City makes no guarantee as to the accuracy of any information on the preliminary tabulation. Once the City has evaluated the Proposals, an award recommendation will be posted on the website. No further notification will be provided to unsuccessful Offerors.

17. CLARIFICATIONS

Upon receipt and opening of Proposals submitted in response to this Solicitation, the City may request oral or written clarifications, including, without limitation, demonstrations, interviews or questions and answers. Clarifications shall not otherwise afford the Offerors the opportunity to alter or change their Proposals.

18. EVALUATION CRITERIA In accordance with Administrative Regulation 3.10, and the instructions, terms and conditions, and all other provisions of this RFP, and subject to the City’s reservation of rights (including the right to negotiate price), award shall be made to the responsive, responsible Offeror whose proposal is determined in writing to be the most advantageous to the City based upon the evaluation criteria listed below. The evaluation factors are listed in the relative order of importance. This is a best-value-to-the-City procurement.

(a) Prices and Pricing (30 points)

(b) Technical Requirements (20 points)

(c) Support and Service Specifications (20 points)

(d) Corporate Experience and References (15 points)

(e) Value-Added Services (10 points)

(f) Assessment/Implementation Plan (5 points) (g)

19. RIGHT TO INVESTIGATE

The City’s determination as to whether an Offeror is responsible may be based on any source determined to be valid by the City, in addition to the information furnished by the Offeror. Award will not be made until any such investigations, which each Offeror agrees to permit by submitting its proposal, are conducted by the City.

20. CITY’S RIGHT TO DISQUALIFY FOR CONFLICT OF INTEREST The City reserves the right to disqualify any Offeror on the basis of any real or apparent conflict of interest that is disclosed by the proposal submitted or any other data available to the City. This disqualification is at the sole discretion of the City. Any Offeror submitting a proposal herein waives any right to object now or at any future time, before any body or agency, including but not limited to, the City Council of the City of Phoenix or any court.




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21. TAKING EXCEPTIONS

Any exceptions to the Statement of Work requirements or any Terms and Conditions, including any proposed alternative contract language, may cause a Proposal to be found non-responsive and may be rejected without penalty to the City. The City may consider any exceptions, the Offeror’s rationale for the exception and any alternative language proposed but makes no commitment to allow any requested exceptions or alternative language. The City shall have the sole discretion to determine whether it will allow any exceptions to the Statement of Work, Standard Terms and Conditions and Special Terms and Conditions. Offerors should seriously consider all exceptions they intend to take to the City’s requirements, terms and conditions, and inquire with the Solicitation Contact Person on or before September 16, 2014 at 5:00 PM Local Time.

22. AWARD RECOMMENDATION

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. A Proposal does not become a Contract until it is executed by the Deputy Finance 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 Contract that will be between the successful Offeror and the City are contained in the Solicitation, unless any of the terms, conditions, or specifications are modified by an addendum or Contract amendment. Notwithstanding any other provision of this Solicitation, the City reserves the right to:

(a) Waive any immaterial defect or informality; or

(b) Reject any or all proposals or portions thereof; or

(c) Reissue a Solicitation.

23. SOLICITATION TRANSPARENCY POLICY

Beginning on the date the solicitation is issued and until the date the contract is awarded or the solicitation withdrawn, all persons or entities that respond to the solicitation for Citywide Unified Print Program Services, including their employees, agents, representatives, proposed partner(s), subcontractor(s), joint venture(s), member(s), or any of their lobbyists or attorneys, (collectively, the Contractors) will refrain, from any direct or indirect contact with any person (other than the designated procurement officer) who may play a part in the selection process, including members of the evaluation panel, the City Manager, Assistant City Manager, Deputy City Managers, Department heads, the Mayor and other members of the Phoenix City Council. As long as the solicitation is not discussed, Contractors may continue to conduct business with the City and discuss business that is unrelated to the solicitation with the City staff who is not involved in the selection process

Contractors 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 Mary Hammer, conducted in person at 251 West Washington, Phoenix, Arizona, 85003, and are posted as open meetings with the City Clerk at least twenty-four (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 Contractors, 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 Contractors.




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This policy is intended to create a level playing field for all Contractors, assure that contracts are awarded in public, and protect the integrity of the selection process. Contractors that violate this policy shall be disqualified.

24. PROTEST PROCESS

Staff recommendations to award the contract(s) to a particular Offeror or Contractors shall be posted on the Procurement Division’s website https://www.phoenix.gov/finance/business-opportunities/bid-awards-and-recommendations. Any unsuccessful bidder may file a protest no later than 7 calendar days after the recommendation is posted on the website. All protests shall be in writing, filed with the Procurement Authority identified in the solicitation and include the following:

(a) Solicitation number; (b) The name, address and telephone number of the protester; (c) A detailed statement describing the legal and factual grounds for the protest, including copies

of relevant documents; (d) The form of relief requested; and (e) The signature of the protester or its authorized representative.

The Procurement Authority will render a written decision within 14 calendar days after the protest is filed. The City will not request City Council authorization to award the contract until the protest process is completed.

SECTION II - STANDARD TERMS AND CONDITIONS



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SECTION II – STANDARD TERMS AND CONDITIONS

1. DEFINITION OF KEY WORDS USED IN THE SOLICITATION

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

“A.R.S.” Arizona Revised Statute

“Broker, Packager, A firm that is not a manufacturer or regular dealer as defined

Manufacturer’s Representative, herein and whose role is limited to that of an extra participant in

Jobber” a transaction, contract or project through which fund are passed in order to obtain services, materials, equipment or product.

“Buyer” City of Phoenix, City Procurement Division staff person responsible for the solicitation.

“CBP” U.S. Customs and Border Control.

"City" The City of Phoenix

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

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

"Contract Representative" The City employee or employees who have specifically been designated to act as a contact person or persons to the Contractor, and responsible for monitoring and overseeing the Contractor's performance under this contract.

“Days” Means calendar days unless otherwise specified.

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

“Employer” Any individual or type of organization that transacts business in this state, that has a license issued by an agency in this state and employs one or more employees in this state. Employer includes this state, any political subdivision of this state and self-employed persons. In the case of an independent contractor, employer means the independent contractor and does not mean the person or organization that uses contract labor. (A.R.S. 23-211).

“EPA” Environmental Protection Agency

“FIFRA” Federal Insecticide, Fungicide and Rodenticide Act

“FIS” Federal Inspection Services.

“Manufacturer” A firm that operates or maintains a factory or establishment that

produces on the premises, the materials, supplies, articles or equipment required under the contract.

“May” Indicates something that is not mandatory but permissible.




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“Must” Indicates a mandatory requirement. Failure to meet these mandatory requirements may result in the rejection of proposal as non-responsive.

“Offer” Means bid or quotation.

“Regular Dealer” A firm that owns, operates, or maintains a store, warehouse, or other establishment in which the materials, supplies, articles or equipment of the general character described by the specifications are bought, kept in stock, and regularly sold or leased to the public in the usual course of business. An established, regular business that engages, as its principal business and under its own name, in the purchase and sale or lease of the products in question.

“Contractor” Means an Offeror who responds to the Request for Proposal.

“Shall” See “Must” or “Will”.

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

“Solicitation” Means a Request for Proposal (RFP).

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

“Vendor” A seller of goods or services.

“Will” See “Must” or “Shall”.

2. CONTRACT INTERPRETATION

2.1. Applicable Law

This Contract shall be governed by the law of the State of Arizona, and suits pertaining to this Contract shall be brought only in Federal or State courts in Maricopa County, State of Arizona.

2.2. Implied Contract Terms

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 forthwith be physically amended to make such insertion or correction.

2.3. Contract Order of Precedence

In the event of a conflict in the provisions of the Contract, as accepted by the City and as they may be amended, the following shall prevail in the order set forth below:

(a) Special terms and conditions

(b) Standard terms and conditions

(c) Statement or scope of work

(d) Specifications

(e) Attachments

(f) Exhibits




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(g) Solicitation Instructions

(h) Other documents referenced or included in the Request for Proposals.

2.4. Organization – Employment Disclaimer

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

2.5. Severability

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

2.6. Non-Waiver of Liability

The City of Phoenix as a public entity supported by tax monies, in execution of its public trust, cannot agree to waive any lawful or legitimate right to recover monies lawfully due it. Therefore, any Contractor agrees that it will not insist upon or demand any statement whereby the City agrees to limit in advance or waive any right the City might have to recover actual lawful damages in any court of law under applicable Arizona law.

2.7. Parole Evidence

This Agreement is intended by the parties as a final expression of their agreement and is intended also as a complete and exclusive statement of the terms of this agreement. No course of prior dealings between the parties and no usage in the trade shall be relevant to supplement or explain any term used in this Contract. Acceptance or acquiescence in a course of performance rendered under this contract shall not be relevant to determine the meaning of this Contract even though the accepting or acquiescing party has knowledge of the nature of the performance and opportunity to object.

3. CONTRACT ADMINISTRATION AND OPERATION

3.1. Records

All books, accounts, reports, files and other records relating to the contract shall be subject at all reasonable times to inspection and audit by the City for five years after completion of the contract. Such records will be produced at a City of Phoenix office as designated by the City.

3.2. Public Records

All proposals submitted in response to this invitation shall become the property of the City and become a matter of public record available for review pursuant to Arizona State law.

If a Contractor believes that a specific section of its proposal response is confidential, the Contractor shall isolate the pages marked confidential in a specific and clearly labeled section of its proposal response. The Contractor shall include a written statement as to the basis for considering the marked pages confidential including the specific harm or prejudice if disclosed and the City Procurement Division will review the material and make a determination.




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3.3. Confidentiality and Data Records

All data, regardless of form, including originals, images and reproductions, prepared by, obtained by, or transmitted to Contractor in connection with this agreement is confidential, proprietary information owned by the City. Except as specifically provided in this agreement, the Contractor shall not disclose data generated in the performance of the service to any third person without the prior written consent of the City Manager, or his/her designee.

Personal identifying in information, financial account information, or restricted City information, whether electronic format or hard copy, must be secured and protected at all times to avoid unauthorized access. At a minimum, Contractor must encrypt and/or password protect electronic files. This includes data saved to laptop computers, computerized devices or removable storage devices.

When personal identifying information, financial account information, or restricted City information, regardless of its format, is no longer necessary, the information must be redacted or destroyed through appropriate and secure methods that ensure the information cannot be viewed, accessed or reconstructed.

In the event that data collected or obtained by the Contractor in connection with this agreement is believed to have been compromised, Contractor shall notify the City Privacy Officer immediately. Contractor agrees to reimburse the City for any costs incurred by the City to investigate potential breaches of this data and, where applicable, the cost of notifying individuals who may be impacted by the breach.

Contractor agrees that the requirements of this section shall be incorporated into all subcontractor agreements entered into by the Contractor. It is further agreed that a violation of this section shall be deemed to cause irreparable harm justifies injunctive relief in court. A violation of this section may result in immediate termination of this agreement without notice.

The obligations of Contractor under this section shall survive the termination of this agreement.

3.4. Discrimination Prohibited

Contractor agrees to abide by the provisions of the Phoenix City Code Chapter 18, Article V as amended.

Any supplier/lessee in performing under this contract shall not discriminate against any worker, employee or applicant, or any member of the public, because of race, color, religion, sex, national origin, age or disability nor otherwise commit an unfair employment practice. The supplier and/or lessee will take action to ensure that applicants are employed, and employees are dealt with during employment without regard to their race, color, religion, sex, or national origin, age or disability. Such action shall include but not be limited to the following: Employment, promotion, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training; including apprenticeship. The supplier further agrees that this clause will be incorporated in all subcontracts with all labor organizations furnishing skilled, unskilled and union labor, or who may perform any such labor or services in connection with this contract.

Supplier/lessee further agrees that this clause will be incorporated in all subcontracts, job-consultant agreements or subleases of this agreement entered into by supplier/lessee.

3.5. Licenses and Permits

Contractor shall keep current Federal, State, and local licenses and permits required for the operation of the business conducted by the Contractor as applicable to this contract.43




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3.6. Advertising

Contractor shall not advertise or publish news releases concerning this contract without the prior written consent of the Deputy Finance Director, and the City shall not unreasonably withhold permission.

3.7. Exclusive Possession

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

3.8. Ownership of Intellectual Property

Any and all intellectual property, including but not limited to copyright, invention, trademark, trade name, service mark, and/or trade secrets created or conceived pursuant to or as a result of this contract and any related subcontract (“Intellectual Property”), shall be considered work for hire and the City shall be considered the creator of such Intellectual Property. The agency, department, division, board or commission of the City requesting the issuance of this contract shall own (for and on behalf of the City) the entire right, title and interest to the Intellectual Property throughout the world. Contractor shall notify the City, within thirty (30) days, of the creation of any Intellectual Property by it or its subcontractor(s). Contractor, on behalf of itself and any subcontractor(s), agrees to execute any and all document(s) necessary to assure ownership of the Intellectual Property vests in the City and shall take no affirmative actions that might have the effect of vesting all or part of the Intellectual Property in any entity other than the City. The Intellectual Property shall not be disclosed by Contractor or its subcontractor(s) to any other entity without the express written authorization of the City. If by operation of law, the Intellectual Property is not owned in its entirety by the City automatically upon its creation, then Contractor agrees to assign and hereby assigns to the City the ownership of the Intellectual Property. The Contractor agrees to take such further action and execute and deliver such further agreements and other instruments as the City may reasonably request to give effect to this section 3.8.

It is expressly agreed by Contractor that these covenants are irrevocable and perpetual.

3.9 Health, Environmental and Safety Requirements

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

(a) Environmental, safety and health regulatory compliance documents (written safety programs, training records, permits, etc.) applicable to services provided by the Contractor in this contract

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

The City shall have the right, but not the obligation to inspect the facilities, transportation vehicles or vessels, containers and disposal facilities provided by the Contractor or subcontractor. The City shall also have the right to inspect operations conducted by the Contractor or subcontractor in the performance of this agreement.

3.10. Compliance with Laws

Contractor agrees to fully observe and comply with all applicable Federal, State and local laws, regulations, standards, codes and ordinances when performing under this Contract regardless of whether or not they are referred to by the City. Contractor agrees to permit City inspection of Contractor’s business records, including personnel records to verify any such compliance.




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Because the Contractor will be acting as an independent contractor, the City assumes no responsibility for the Contractor’s acts.

3.11. Iran and Sudan

Pursuant to A.R.S. §§ 35.391.06 and 35-393.06, contractor certifies that it does not have a scrutinized business operation, as defined in A.R.S. §§ 35.391 and 35-393, in either Iran or Sudan.

3.12. Continuation During Disputes

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

3.13. Emergency Purchases

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

3.14. Strict Performance

Failure of either party to insist upon the strict performance of any item or condition of the contract or to exercise or delay the exercise of any right or remedy provided in the contract, or by law, or the acceptance of materials or services, obligations imposed by this contract or by law shall not be deemed a waiver of any right of either party to insist upon the strict performance of the contract.

3.15. Legal Worker Requirements

The City of Phoenix is prohibited by A.R.S. § 41-4401 from awarding a contract to any contractor who fails, or whose subcontractors fail, to comply with A.R.S. § 23-214(A). Therefore, Contractor agrees that: (a) Contractor and each subcontractor it uses warrants their compliance with all federal immigration laws and regulations that relate to their employees and their compliance with § 23-214, subsection A. (b) A breach of a warranty under paragraph 1 shall be deemed a material breach of the contract that is subject to penalties up to and including termination of the contract. (c) The City of Phoenix retains the legal right to inspect the papers of any contractor or subcontractor employee who works on the contract to ensure that the contractor or subcontractor is complying with the warranty under paragraph 1.

4. COSTS AND PAYMENTS

4.1. Payment Terms

The City shall make every effort to process payment for the purchase of material or services within 30 calendar days after receipt of a correct invoice unless a good faith dispute exists to any obligation to pay all or a portion of the account. Payment terms are specified in the bid.

4.2. Payment Reduction Offsets

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




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4.3. Late Submission of Claims by Contractor

The City will not honor any invoices or claims which are tendered one (1) year after the last item of the account accrued.

4.4. Discounts

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

4.5. No Advance Payments

Advance payments will not be authorized; payment will be made only for actual services or commodities that have been received.

4.6. Fund Appropriation Contingency

The Contractor recognizes that any agreement entered into shall commence upon the day first provided and continue in full force and effect until termination in accordance with its provisions. The Contractor and the City herein recognize that the continuation of any contract after the close of any given fiscal year of the City of Phoenix, which fiscal year ends on June 30 of each year, shall be subject to the approval of the budget of the City of Phoenix providing for or covering such contract item as an expenditure therein. The City does not represent that said budget item will be actually adopted, said determination being the determination of the City Council at the time of the adoption of the budget.

4.7. Maximum Prices

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

4.8. F.O.B. Point

All prices are to be quoted F.O.B. delivered, unless otherwise specified elsewhere in this solicitation.

5. CONTRACT CHANGES

5.1. Contract Amendments

Contracts shall be modified only by a written contract amendment signed by the Deputy Finance Director and persons duly authorized to enter into contracts on behalf of the Contractor.

5.2. Assignment - Delegation

No right or interest in this contract nor monies due thereunder shall be assigned in whole or in part without written permission of the City, and no delegation of any duty of Contractor shall be made without prior written permission of the Deputy Finance Director, which may be withheld for good cause. Any assignment or delegation made in violation of this section shall be void.

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




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5.4. Authorized Changes

The City reserves the right at any time to make changes in any one or more of the following: (a) specifications; (b) methods of shipment or packing; (c) place of delivery; (d) time of delivery; and/or (e) quantities. If the change causes an increase or decrease in the cost of or the time required for performance, an equitable adjustment may be made in the price or delivery schedule, or both. Any claim for adjustment shall be deemed waived unless asserted in writing within thirty (30) days from the receipt of the change. Price increases or extensions of delivery time shall not be binding on the City unless evidenced in writing and approved by the Deputy Finance Director prior to the institution of the change.

6. RISK OF LOSS AND LIABILITY

6.1. Title and Risk of Loss

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

6.2. 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 Contractor's risk and may be returned to the Contractor. If so returned, all costs are the responsibility of the Contractor. Noncompliance shall conform to the cancellation clause set forth in this document.

6.3. General Indemnification Contractor shall indemnify, defend, save and hold harmless the City of Phoenix and its officers, officials, agents, and employees (hereinafter referred to as “Indemnitee”) from and against any and all claims, actions, liabilities, damages, losses, or expenses (including court costs, attorneys’ fees, and costs of claim processing, investigation and litigation) (hereinafter referred to as “Claims”) for bodily injury or personal injury (including death), or loss or damage to tangible or intangible property caused, or alleged to be caused, in whole or in part, by the negligent or willful acts or omissions of Contractor or any of its owners, officers, directors, agents, employees or subcontractors. This indemnity includes any claim or amount arising out of or recovered under the Workers’ Compensation Law or arising out of the failure of such contractor to conform to any federal, state or local law, statute, ordinance, rule, regulation or court decree. It is the specific intention of the parties that the Indemnitee shall, in all instances, except for Claims arising solely from the negligent or willful acts or omissions of the Indemnitee, be indemnified by Contractor from and against any and all claims. It is agreed that Contractor will be responsible for primary loss investigation, defense and judgment costs where this indemnification is applicable. In consideration of the award of this contract, the Contractor agrees to waive all rights of subrogation against the City, its officers, officials, agents and employees for losses arising from the work performed by the Contractor for the City.

6.4. Indemnification – Patents, Copyrights and Trademarks

The Contractor shall indemnify and hold harmless the City against any liability, including costs and expenses, for infringement of any patent, trademark or copyright or other proprietary rights of any third parties arising out of contract performance or use by the City of materials furnished or work performed under this contract.

The Contractor agrees upon receipt of notification to promptly assume full responsibility for the defense of any suit or proceeding which is, has been, or may be brought against the City of Phoenix and its agents for alleged infringement, as well as for the alleged unfair competition resulting from similarity in design, trademark or appearance of goods by reason of the use or sale of any goods furnished under




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this contract and the Contractor further agrees to indemnify the City against any and all expenses, losses, royalties, profits and damages including court costs and attorney’s fees resulting from the bringing of such suit or proceedings including any settlement or decree of judgment entered therein. The City may be represented by and actively participate through its own counsel in any such suit or proceedings if it so desires. It is expressly agreed by the seller that these covenants are irrevocable and perpetual.

6.5. 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 contractor 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 provision, 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.

6.6. Loss of Materials

The City does not assume any responsibility, at any time, for the protection of or for loss of materials, from the time that the contract operations have commenced until the final acceptance of the work by the project manager.

6.7. Damage to City Property

Contractor shall perform all work so that no damage to the building or grounds results. Contractor shall repair any damage caused to the satisfaction of the City at no cost to the City.

Contractor shall take care to avoid damage to adjacent finished materials that are to remain. If finished materials are damaged, Contractor shall repair and finish matching existing material as approved by the City at Contractor's expense.

7. WARRANTIES

7.1. Guarantee

Unless otherwise specified, all items shall be guaranteed for a minimum period of one (1) year from date of acceptance by the City against defects in material and workmanship. At any time during that period, if a defect should occur in any item that item shall be replaced or repaired by the Contractor at no obligation to the City except where it be shown that the defect was caused by misuse and not by faulty design.

7.2. Quality

Contractor expressly warrants that all goods or services furnished under this contract shall conform to the specifications, appropriate standards, and will be new and free from defects in material or workmanship. Contractor warrants that all such goods or services will conform to any statements made on the containers or labels or advertisements for such goods, or services, and that any goods will be adequately contained, packaged, marked and labeled. Contractor warrants that all goods or services




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furnished hereunder will be merchantable, and will be safe and appropriate for the purpose which goods or services of that kind are normally used. If Contractor knows or has reason to know the particular purpose for which City intends to use the goods or services, Contractor warrants that goods or services furnished will conform in all respect to samples. Inspection, test, acceptance of use of the goods or services furnished hereunder shall not affect the Contractor’s obligation under this warranty, and such warranties shall survive inspection, test, acceptance and use. Contractor’s warranty shall run to City, its successors, and assigns.

7.3. Responsibility for Corrections

It is agreed that the Contractor shall be fully responsible for making any correction, replacement, or modification necessary for specification or legal compliance. In the event of any call back, Contractor agrees to give the City first priority. Contractor agrees that if the product or service offered does not comply with the foregoing, the City has the right to cancel the purchase at any time with full refund within 30 calendar days after notice of non-compliance and Contractor further agrees to be fully responsible for any consequential damages suffered by the City.

7.4. Liens

Contractor shall hold the City harmless from claimants supplying labor or materials to the Contractor or his subcontractors in the performance of the work required under this contract. Contractor shall provide written certification that all liens against materials and labor have been satisfied, before the City will make payment.

7.5. Quality Standards of Materials and Services

If desired by the City, items/services proposal shall be subjected to testing, dissection or analysis by a recognized testing laboratory or consultant selected by the City to determine that the material(s) submitted for proposal conform to the proposal specifications. The cost of testing, dissection or analysis shall be borne by the Contractor.

7.6. Repair and Replacement of Parts and Supplies

Repair or replacement parts and supplies for existing equipment may be accomplished by the Contractor using only original equipment manufacturer's (OEM) parts. However, while OEM parts and supplies are required under this RFP, upon request of the chosen Contractor and successful testing by the City, non-OEM supplies may be used in Network Printers. Should the City, upon successful testing of non-OEM supplies and parts, notify the Contractor in writing that using such supplies and parts are acceptable, all parts or supplies furnished must be equal or exceed that of the original equipment manufacturer’s products in material and warranty.

7.7. Workmanship

Where not more specifically described in any of the various sections of these specifications, workmanship shall conform to all of the methods and operations of best standards and accepted practices of the trade or trades involved, and shall include all items of fabrication, construction or installation regularly furnished or required for completion of the services. All work shall be executed by personnel skilled in their respective lines of work.

8. CITY’S CONTRACTUAL RIGHTS

8.1. Right to Assurance

Whenever one party to this contract in good faith has reason to question the other party's intent to perform, the former party may demand that the other party give a written assurance of this intent to perform. In the event that a demand is made and no written assurance is given within five (5) days, the demanding party may treat this failure as an anticipatory repudiation of this contract.




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8.2. Non-Exclusive Remedies

The rights and remedies of the City under this Contract are non-exclusive.

8.3. Default in One Installment to Constitute breach

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

8.4. On Time Delivery

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

8.5. Default

In case of default by the Contractor, the City may, by written notice, cancel this contract and repurchase from another source and may recover the excess costs by (1) deduction from an unpaid balance due; (2) collection against the proposal and/or performance bond, or (3) a combination of the aforementioned remedies or other remedies as provided by law.

8.6. Covenant Against Contingency Fees

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

8.7. Estimated Quantities or Dollar Amounts (Requirements Contracts Only)

Quantities and dollar amounts listed are the City’s best estimate and do not obligate the City to order or accept more than City’s actual requirements during period of this agreement, as determined by actual needs and availability or appropriated funds. It is expressly understood and agreed that the resulting contract is to supply the City with its complete actual requirement for the contract period, except that the estimated quantity shown for each proposal item shall not be exceeded by 10 percent without the express written approval of the Deputy Finance Director, Procurement Division. Any demand or order made by any employee or officer of the City of Phoenix, other than the Deputy Finance Director, Procurement Division or designated representative, for quantities in excess of the estimated quantities and dollar amounts shall be void if the written approval of the Deputy Finance Director was not received prior to the Contractor's performance.

8.8. Cost Justification

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

8.9. Suspension of Work

The City and the project manager reserve the right to suspend work wholly or in part if deemed necessary for the best interest of the City of Phoenix. This suspension will be without compensation to the Contractor, other than to adjust the contract completion/delivery requirements.




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9. CONTRACT TERMINATION

9.1. Gratuities

The City may, by written notice to the Contractor, cancel this contract if it is found that gratuities, in the form of entertainment, gifts or otherwise, were offered or given by the Contractor or any agent or representative of the Contractor, to any officer or employee of the City making any determinations with respect to the performing of such contract. In the event this contract is canceled by the City pursuant to this provision, the City shall be entitled, in addition to any other rights and remedies, to recover or withhold from the Contractor the amount of the gratuity.

9.2. Conditions and Causes for Termination

This contract may be terminated at any time by mutual written consent, or by the City, with or without cause, upon giving thirty (30) days written notice to Contractor. The City at its convenience, by written notice, may terminate this contract, in whole or in part. If this contract is terminated, the City shall be liable only for payment under the payment provisions of this contract for services rendered and accepted material received by the City before the effective date of termination. Title to all materials, work-in-process and completed but undeliverable goods, will pass to the City after costs are claimed and allowed. The Seller shall submit detailed cost claims in an acceptable manner and shall permit the City to examine such books and records as may be necessary in order to verify the reasonableness of any claims.

The City reserves the right to cancel the whole or any part of this contract due to failure of Contractor to carry out any term, promise, or condition of the contract. The City will issue a written notice of default to Contractor for acting or failing to act as in any of the following:

In the opinion of the City, Contractor provides personnel who do not meet the requirements of the contract;

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

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

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

In the opinion of the City, Contractor fails to make progress in the performance of the requirements of the contract and/or give the City a positive indication that Contractor will not or cannot perform to the requirements of the contract.

9.3. Contract Cancellation

All parties acknowledge that this contract is subject to cancellation by the City of Phoenix pursuant to the provision of Section 38-511, Arizona Revised Statutes.

SECTION III – SPECIAL TERMS AND CONDITIONS



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1. TERM OF CONTRACT

The initial Contract term shall commence on the date of Contract award (date of the City’s Acceptance of the offer) and continue for a term of sixty (60) months. At the City’s sole discretion this Contract may be extended up to twenty-four (24) additional months on a monthly, quarterly or annual basis.

2. PRICES AND PRICE ADJUSTMENTS

All prices submitted set forth in Submittal Schedules A through E shall be firm and fixed for the term of the contract including any and all renewals as applicable.

3. METHOD OF ORDERING (Contract Order Release)

Only authorized City of Phoenix Contract Representatives from the IT department are authorized to place orders directly to Contractor with or without a purchase order number but must provide a contract order release (COR) number to the Contractor at the time of verbal order placement. Contract order releases will not be mailed to the Contractor. Contractor invoices, packing slips, and delivery tickets must contain the City COR number. A written purchase order will not be issued. In the event the Contractor installs new equipment, upgrades current equipment, or provides any billable service or equipment without the approval of the authorized IT department representative the Contractor shall not be authorized to bill for this equipment and will be responsible for all costs associated with removal and shipping of the equipment, accessories, and any other related items.

4. METHOD OF INVOICING (Contractor’s Invoices)

Invoices must include the following:

(a) Serial number and model number of each device in each Product Category. (b) The applicable City Department name and address of each device in each Product

Category. (c) Base lease equipment charge applicable to each Copier/MFD. (d) Number of copies/prints produced during the given monthly billing period by each device in

each Product Category. (e) Cost center/general ledger code (as provided by the City) applicable to each device in each

Product Category. (f) The applicable per-impression charge for monochrome and color impressions produced on

each device in each Product Category. (g) The total charges applicable for the given monthly billing period by each device in each

Product Category. (h) One-time flat rate functionality upgrade charges associated with any given device during the

given monthly billing period. (i) A monthly sub-total of all applicable charges by City Department for all devices in each

Product Category.




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5. METHOD OF PAYMENT (Contract Order Release)

Contractor payment shall be paid on a monthly basis in arrears after receipt of a valid summary invoice submitted to the City. Invoices must contain the agreement number or bid number under which the purchase was awarded..

6. INSURANCE REQUIREMENTS

Contractor and subcontractors shall procure and maintain until all of their obligations have been discharged, including any warranty periods under this Contract are satisfied, insurance against claims for injury to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees or subcontractors. The insurance requirements herein are minimum requirements for this Contract and in no way limit the indemnity covenants contained in this Contract. The City in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might arise out of the performance of the work under this contract by the Contractor, his agents, representatives, employees or subcontractors and Contractor is free to purchase additional insurance as may be determined necessary.

6.1 MINIMUM SCOPE AND LIMITS OF INSURANCE: Contractor shall provide coverage with limits of liability not less than those stated below. An excess liability policy or umbrella liability policy may be used to meet the minimum liability requirements provided that the coverage is written on a “following form” basis.

1. Commercial General Liability – Occurrence Form Policy shall include bodily injury, property damage and broad form contractual liability coverage. General Aggregate $2,000,000 Products – Completed Operations Aggregate $1,000,000 Personal and Advertising Injury $1,000,000 Each Occurrence $1,000,000

a. The policy shall be endorsed to include the following additional insured language: "The City of Phoenix shall be named as an additional insured with respect to liability arising out of the activities performed by, or on behalf of the Contractor".

2. Automobile Liability Bodily Injury and Property Damage for any owned, hired, and non-owned vehicles used in the

performance of this Contract.

Combined Single Limit (CSL) $1,000,000




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a. The policy shall be endorsed to include the following additional insured language: "The City of Phoenix shall be named as an additional insured with respect to liability arising out of the activities performed by, or on behalf of the Contractor, including automobiles owned, leased, hired or borrowed by the Contractor".

3. Worker's Compensation and Employers' Liability Workers' Compensation Statutory Employers' Liability

Each Accident $100,000 Disease – Each Employee $100,000 Disease – Policy Limit $500,000

a. Policy shall contain a waiver of subrogation against the City of Phoenix.

b. This requirement shall not apply when a contractor is exempt under A.R.S. 23-901, AND when such contractor executes the appropriate sole proprietor waiver form.

4. Technology Errors and Omissions Liability The policy shall cover errors and omissions, product failure, security failure, professional liability

and personal injury for those positions as defined in the Scope of Services of this contract.

Each Claim $2,000,000 Annual Aggregate $2,000,000

a. In the event that the professional liability insurance required by this Contract is written on a claims-made basis, Contractor warrants that any retroactive date under the policy shall precede the effective date of this Contract; and that either continuous coverage will be maintained or an extended discovery period will be exercised for a period of two (2) years beginning at the time work under this Contract is completed.

6.2 ADDITIONAL INSURANCE REQUIREMENTS: The policies shall include, or be endorsed to include, the following provisions:

1. On insurance policies where the City of Phoenix is named as an additional insured, the City of Phoenix shall be an additional insured 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.

2 The Contractor's insurance coverage shall be primary insurance and non-contributory with respect to all other available sources.

6.3 NOTICE OF CANCELLATION: For each insurance policy required by the insurance provisions of this Contract, the Contractor must provide to the City, within 2 business days of receipt, a notice if a policy is suspended, voided or cancelled for any reason. Such notice shall be mailed, emailed, hand delivered or sent by facsimile transmission to (City of Phoenix Department Representative's Name & Address & Fax Number).

6.4 ACCEPTABILITY OF INSURERS: Insurance is to be placed with insurers duly licensed or

authorized to do business in the state of Arizona and with an “A.M. Best” rating of not less than B+ VI. The City in no way warrants that the above-required minimum insurer rating is sufficient to protect the Contractor from potential insurer insolvency.




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6.5 VERIFICATION OF COVERAGE: Contractor shall furnish the City with certificates of insurance (ACORD form or equivalent approved by the City) as required by this Contract. The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf.

All certificates and any required endorsements are to be received and approved by the City before

work commences. Each insurance policy required by this Contract must be in effect at or prior to commencement of work under this Contract and remain in effect for the duration of the project. Failure to maintain the insurance policies as required by this Contract or to provide evidence of renewal is a material breach of contract.

All certificates required by this Contract shall be sent directly to who is responsible to receive the

insurance certificate: Mary Hammer, CPPO, Calvin Goode Building, City of Phoenix Finance Department, Procurement Division, 251 Washington Street, 8th Floor, Phoenix, AZ 85003. Contractor must insure the correct insurance certificate is received within five (5) business days after notification of award. Should the Vendor not provide the required/correct insurance certificate within this time limit, the City may deem the Contractor non-compliant and any resultant or actual contract may become null and void with no penalty or damage to the City. The City project/contract number and project description shall be noted on the certificate of insurance. The City reserves the right to require complete, certified copies of all insurance policies required by this Contract at any time. DO NOT SEND CERTIFICATES OF INSURANCE TO THE CITY'S RISK MANAGEMENT DIVISION.

6.6 APPROVAL: Any modification or variation from the insurance requirements in this Contract shall be

made by the Law Department, whose decision shall be final. Such action will not require a formal Contract amendment, but may be made by administrative action.

7. CONTRACTOR WORKERS BACKGROUND SCREENING

Contractor agrees that all of Contractor’s workers (collectively “Contractor’s Worker(s)”) that Contractor furnishes at their cost to the City pursuant to this Contract shall be subject to background and security checks and screening (collectively “Background Screening”) at Contractor’s sole cost and expense as set forth in this section. The Background Screening provided by Contractor shall comply with all applicable laws, rules and regulations. Contractor further agrees that the Background Screening required in this section is necessary to preserve and protect the public health, safety and welfare. The Background Screening requirements set forth in this section are the minimum requirements for the Contract these requirements are subject to change. The City in no way warrants that these minimum requirements are sufficient to protect Contractor from any liabilities that may arise out of Contractor’s services under this Contract or Contractor’s failure to comply with this section. Therefore, in addition to the specific measures set forth below, Contractor and Contractor’s Worker(s) shall take such other reasonable, prudent and necessary measures to further preserve and protect public health, safety and welfare when providing services under this Contract.

8. BACKGROUND SCREENING REQUIREMENTS AND CRITERIA: Because of the varied types of services performed, the City has established three levels of risk and associated background screenings for these risk levels. The minimum risk level and background screening required for all temporary employee’s under this Contract is Maximum Risk Level however, the individual departments may determine a different level is required for a specific job and/or location.

A. Minimum Risk Level: A minimum risk background screening shall be performed when the contract worker:




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(i) will not have direct access to City facilities or information systems; or (ii) will not work with vulnerable adults or children; or (iii) when access to City facilities is escorted by City’s workers. The background screening for minimum risk shall consist of the screening required by A.R.S. § 41-4401 and following to verify legal Arizona worker status.

B. Standard Risk Level: A standard risk background screening shall be performed when the contract worker’s work assignment will: (i) require a badge or key for access to City facilities; or (ii) allow any access to sensitive, confidential records, personal identifying information or restricted City information; or (iii) allow unescorted access to City facilities during normal and non business

hours.

The background screening for this Standard Risk Level shall include the background screening required for the Minimum Risk Level and a background check for real identity/legal name, and shall include felony and misdemeanor records from any county in the United States, the State of Arizona, plus any other jurisdiction where the contract worker has lived at any time in the preceding seven (7) years from the contract worker’s proposed date of hire.

C. Maximum Risk Level: A maximum risk background screening shall be performed when the contract worker’s work assignment will: (i) have any contact with vulnerable people such as children, youth, elderly,

or individuals with disabilities; or (ii) have any responsibility for the receipt of payment of City funds or control

of inventories, assets, or records that are at risk of misappropriation; or (iii) have unescorted access to City data centers, money rooms,

high-valve equipment rooms; police property; or (iv) have access to private residences; or (v) have access to Homeland Defense Bureau identified critical

infrastructure sites/facilities. The background screening for this maximum risk level shall include the background

screening required for the Standard Risk Level, plus a sexual offender search, a credit check, and driving record search for the preceding seven (7) years from the contract worker’s proposed date of hire. Contract workers who work directly with children or vulnerable adults are also subject to fingerprint verification through the Arizona Department of Public Safety as mandated by Phoenix City Code §2-27.

9. CONTRACTOR CERTIFICATION; CITY APPROVAL OF MAXIMUM RISK BACKGROUND SCREENING: By executing this Contract, Contractor certifies and warrants that Contractor has read the background screening requirements and criteria in this section, understands them and that all background screening information furnished to the City is accurate and current. Also, by executing this Contract, Contractor further certifies and warrants that Contractor has satisfied all such background screening requirements for the minimum and standard risk background screening as required.

In addition, for maximum risk background screening, Contractor shall furnish the Phoenix Police Department and the requesting department with a copy of the results of the screening for the City’s review and approval of such background screenings for any Contractor’s Worker(s) being considered for performing services under this Contract where human safety or facility security is classified as a maximum risk level. The subject Contractor’s Workers shall not apply for the appropriate City of Phoenix identification and access badge or keys until Contractor has received




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the City’s written acceptance of the subject Contractor’s Workers maximum risk background screening and the Contractor has received the City’s approval of the Contractor’s Worker(s) proposed by Contractor for performing work under this Contract. The City may, in its sole discretion, accept or reject any or all the Contractor’s Worker(s) proposed by Contractor for performing work under this Contract. A Contractor’s Worker(s) rejected for work at a maximum risk level under this Contract shall not be proposed to perform work under other City contracts or engagements without City’s prior written approval.

10. TERMS OF THIS SECTION APPLICABLE TO ALL OF CONTRACTOR’S CONTRACTS AND SUBCONTRACTS: Contractor shall include the terms of this section for Contractor’s Worker(s) background screening in all contracts and subcontracts for services furnished under this Contract including, but not limited to, supervision and oversight services.

11. MATERIALITY OF BACKGROUND SCREENING REQUIREMENTS; INDEMNITY: The background screening requirements of this section are material to the City’s entry into this Contract and any breach of this section by Contractor shall be deemed a material breach of this Contract. In addition to the indemnity provisions set forth in this Contract, Contractor shall defend, indemnify and hold harmless the City for any and all claims arising out of this background screening section including, but not limited to, the disqualifications of a Contractor’s Worker(s) by Contractor or the City for Contractor’s failure to satisfy this section.

12. CONTINUING DUTY; AUDIT: Contractor’s obligations and requirements that Contractor’s Worker(s) satisfy this background screening section shall continue throughout the entire term of this Contract. Contractor shall notify the City immediately of any change to a maximum risk background screening of a Contractor’s Worker(s) previously approved by the City. Contractor shall maintain all records and documents related to all background screenings and the City reserves the right to audit Contractor’s compliance with this section.

13. EMPLOYEE IDENTIFICATION AND ACCESS Contractor employees are forbidden access to designated restricted areas. Beyond meeting rooms and other areas open to the public, access to particular operational premises shall be as directed by the City’s authorized representative.

Only authorized Contractor employees are allowed on the premises of the City of Phoenix buildings. Contractor employees are not to be accompanied in the work area by acquaintances, family members, assistants or any other person unless said person is an authorized Contractor employee.

14. CONTRACTOR WORKER BACKGROUND SCREENING: Contract Worker Background Screening Contractor agrees that all contract workers furnished to the City pursuant to this Contract shall be subject to background and security checks and screening (collectively “Background Screening”) at Contractor’s sole cost and expense as set forth in this Section. The Background Screening provided by Contractor shall comply with all applicable laws, rules and regulations. Contractor further agrees that the Background Screening required in this Section is necessary to preserve and protect public health, safety and welfare. The Background Screening requirements set forth in this Section are the minimum requirements for this Contract. The City in no way warrants that these minimum requirements are sufficient to protect Contractor from any liabilities that may arise out of Contractor’s services under this Contract or Contractor’s failure to comply with this Section.




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Therefore, in addition to the specific measures set forth below, Contractor and its Contract Workers shall take such other reasonable, prudent and necessary measures to further preserve and protect public health, safety and welfare when providing services under this Contract.

Background Screening Requirements and Criteria Contractor agrees that it will verify legal Arizona worker status as required by Arizona Revised Statutes (A.R.S.) § 41-4401. Contractor further agrees that it will conduct a background check for real identity/legal name on all Contract Workers prior to proposing the Contract Worker to the City. Additional City Rights Regarding Security Inquiries In addition to the foregoing, the City reserves the right but not the obligations to: (1) have a Contract Worker be required to provide fingerprints and execute such other documentation as may be necessary to obtain criminal justice information pursuant to A.R.S. § 41-1750(G)(4) or Phoenix City Code § 4-22; (2) act on newly acquired information whether or not such information should have been previously discovered; (3) unilaterally change its standards and criteria relative to the acceptability of Contract Workers; and (4) object, at any time and for any reason, to a Contract Worker performing work (including supervision and oversight) under this Contract. Contractor Certification By executing this Contract, Contractor certifies and warrants that Contractor has read the Background Screening requirements and criteria in this Section, understands them and that all Background Screening information furnished to the City is accurate and current. Also, by executing this Contract, Contractor further certifies and warrants that Contractor has satisfied all such Background Screening requirements as required. A Contract Worker rejected for work under this Contract shall not be proposed to perform work under other City contracts or engagements without the City’s prior written approval. Terms of This Section Applicable to all of Contractor’s Contracts and Subcontracts Contractor shall include the terms of this Section for Contract Worker Background Screening in all contracts and subcontracts for services furnished under this Contract including, but not limited to, supervision and oversight services. Materiality of Background Screening Requirements; Indemnity The Background Screening requirements of this Section are material to the City’s entry into this Contract and any breach of this Section by Contractor shall be deemed a material breach of this Contract. In addition to the indemnity provisions set forth in Section II 6.3 of this Contract, Contractor shall defend, indemnify and hold harmless the City for any and all Claims (as defined in Section II 6.3) arising out of this Background Screening Section including, but not limited to, the disqualification of a Contract Worker by Contractor or the City for failure to satisfy this Section. Continuing Duty; Audit Contractor’s obligations and requirements that Contract Workers satisfy this Background Screening Section shall continue throughout the entire term of this Contract. Contractor shall notify the City immediately of any change to a Background Screening of a Contract Worker previously approved by the City. Contractor shall maintain all records and documents related to all Background Screenings and the City reserves the right to audit Contractor’s compliance with this Section pursuant to Section II item #3.1 Records.

15. CONTRACT WORKER ACCESS CONTROLS, BADGE AND KEY ACCESS REQUIREMENTS

(Sky Harbor International Airport)




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A CONTRACT WORKER SHALL NOT BE ALLOWED TO BEGIN WORK IN ANY CITY FACILITY WITHOUT: (1) THE PRIOR COMPLETION AND THE CITY’S ACCEPTANCE OF THE REQUIRED BACKGROUND SCREENING; AND (2) WHEN REQUIRED, THE CONTRACT WORKER’S RECEIPT OF A CITY ISSUED BADGE. A BADGE WILL BE ISSUED TO A CONTRACT WORKER SOLELY FOR ACCESS TO THE CITY FACILITY(S) TO WHICH THE CONTRACT WORKER IS ASSIGNED. EACH CONTRACT WORKER WHO ENTERS A CITY FACILITY MUST USE THE BADGE ISSUED TO THE CONTRACT WORKER.

Badges After receipt of the badge application, the Contract Worker will proceed to the Badging Office for processing of the badge application and issuance of the badge. The City will not process the badge application until the Contract Worker satisfies the required Background Screening (as defined herein). The Contract Worker shall comply with all requirements and furnish all requested information as requested by the Badging Office. Any and all fees associated with security badging will be assessed in compliance with Phoenix City Code § 4-22. Current badging procedures and fees are available for review at: http://www.phxskyharbor.com/about/securitybadging.html Key Access Procedures If the Contract Worker’s services require keyed access to enter a City facility(s), a separate key issue/return form must be completed and submitted by Contractor for each key issued. Stolen or Lost Badges or Keys Contractor shall report lost or stolen badges or keys to the City immediately. A new badge application or key issue form shall be completed and submitted along with payment of the applicable fees prior to issuance of a new badge or key. Return of Badges or Keys All badges and keys are the property of the City and must be returned to the City at the Badging Office within one (1) business day of when the Contract Worker’s access to a City facility is no longer required to furnish the services under this Contract. Contractor shall collect a Contract Worker’s badge and key(s) upon the termination of the Contract Worker’s employment; when the Contract Worker’s services are no longer required at the particular City facility(s); or upon termination, cancellation or expiration of this Contract.

Contractor’s Default; Reservation of Remedies for Material Breach Contractor’s default under this Section shall include, but is not limited to, the following: (i) Contract Worker gains access to a City facility(s) without the proper badge or key; (ii) Contract Worker uses a badge or key of another to gain access to a City facility; (iii) Contract Worker commences services under this Contract without the proper badge, key

or Background Screening; (iv) Contract Worker or Contractor submits false information or negligently submits wrong

information to the City to obtain a badge, key or applicable Background Screening; or (v) Contractor fails to collect and timely return Contract Worker’s badge or key upon

termination of Contract Worker’s employment, reassignment of Contract Worker to another City facility or upon the expiration, cancellation or termination of this Contract. Contractor acknowledges and agrees that the access control, badge and key requirements in this Section are necessary to preserve and protect public health, safety and welfare. Accordingly, Contractor agrees to properly cure any default under this Section within three (3) business days from the date notice of default is sent by the City. The parties agree that Contractor’s failure to properly cure any default under this Section




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shall constitute a breach of this Section. In addition to any other remedy available to the City at law or in equity, Contractor shall be liable for and shall pay to the City the sum of one thousand dollars ($1,000.00) for each breach by Contractor of this Section. The parties further agree that the sum fixed above is reasonable and approximates the actual or anticipated loss to the City at the time and making of this Contract in the event that Contractor breaches this Section. Further, the parties expressly acknowledge and agree to the fixed sum set forth above because of the difficulty of proving the City's actual damages in the event that Contractor breaches this Section. The parties further agree that three (3) breaches by Contractor of this Section arising out of any default within a consecutive period of three (3) months, or three (3) breaches by Contractor of this Section arising out of the same default within a period of twelve (12) consecutive months, shall constitute a material breach of this Contract by Contractor and the City expressly reserves all of its rights, remedies and interests under this Contract, at law and in equity including, but not limited to, termination of this Contract.

16. HAZARDOUS MATERIALS REQUIREMENTS – MSDS

Contractor shall provide a copy of the current Material Safety Data Sheet (MSDS) for all potential hazards products. The MSDS must include all chemical compounds present in concentrations greater than 0.1% for each product offered. The Contractor shall provide required safety and health training for City employees on each product offered and for proper product use, storage, and disposal, when requested by the City. The Contractor further agrees to accept returned empty containers for disposal purposes, if and when requested by the City. There shall be no cost for any requested training and disposal of used containers. The Contractor shall also accept returned product that was purchased as a result of this agreement that the City no longer needs. Returned product will be in its original container(s), unopened, and returned at least forty-five (45) days prior to any shelf-life expiration date noted on the product container(s).

All product containers provided should exhibit the Hazardous Material Identification System (HMIS) and/or the National Fire Protection Association (NFPA) labels/ratings on the containers. City reserves the right to purchase the product that in the City’s opinion is the least hazardous material suitable for use in the City’s operations, price not withstanding.

17. PERFORMANCE INTERFERENCE

Contractor shall notify the Finance Department Contact Person immediately of any occurrence and/or condition that interferes with the full performance of the contract, and confirm it in writing within twenty-four (24) hours.

18. COMMUNICATION IN ENGLISH

It is mandatory that personnel assigned to this contract be able to speak, read and write in English to ensure proper communication.




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19. CLEANING The Contractor shall keep the premises clean of all rubbish and debris generated by the work involved and shall leave the premises neat and clean. All surplus material, rubbish, and debris shall be disposed of by the Contractor at the Contractor's expense. The work area shall be cleaned at the end of each work day.

All materials, tools, equipment, etc., shall be removed or safely stored. The City is not responsible for theft of or damage to the Contractor's property. All possible safety hazards to workers or the public shall be corrected immediately and left in a safe condition at the end of each work day. If there is a question in this area, the project manager must be consulted.

20. RELEASE OF INFORMATION - ADVERTISING AND PROMOTION

Contractor and its subcontractors shall not publish, release, disclose or announce to any member of the public, press, official body, or any other third party: (1) any information concerning this Contract, the services, or any part thereof; or (2)any documentation or the contents thereof, without the prior written consent of the City, except as required by law. The name of any site on which services are performed shall not be used in any advertising or other promotional context by Contractor or its subcontractors without the prior written consent of the City.

21. EQUAL EMPLOYMENT OPPORTUNITY REQUIREMENT In order to do business with the City, Contractor must comply with Phoenix City Code, Chapter 18, Article V, as amended, and as specifically prescribed in Exhibit B, Section C. (This is a requirement for Aviation)

22. NON-EXCLUSIVE CONTRACT It shall be the Contractor responsibility to meet the City’s requirements. The contract(s) are non-

exclusive and the City reserves the right to obtain services on the open market to serve the best interest of the City.

.

SECTION IV - STATEMENT OF WORK



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SECTION IV – STATEMENT OF WORK

1. INTRODUCTION, BACKGROUND AND FLEET FACTS

1.1. Introduction

The City of Phoenix is soliciting Proposals from qualified Proposers for the provision and support of Copier/Multifunctional Devices (MFDs) and the support of Networked Laser Printers under a Citywide Unified Print Program Services Contract.

1.2. Background

As a large municipal government, the City of Phoenix is composed of 34 departments and offices, with over 15,000 employees, located multiple buildings and facilities throughout Phoenix, Arizona. The City is a recognized leader in fiscal municipal management. City leadership is now interested in establishing a Citywide program for MFDs and network printers that will improve efficiencies and reduce the carbon footprint relative to such devices.

Taking the first steps in this direction, in 2007, the City consolidated its copier contracts into a single contract with Arizona Office Technology. Although this contract expires in the later part of 2014 early 2015, there are leases for devices under the contract which will run for several years.

In furthering the standardization and streamlining objectives that lead to the current copier contract, the City now seeks to implement an architecture and program with which to more strategically manage all of the City’s printer, copier and multifunction devices.

1.3. Copier Fleet Facts

Under the City’s current copier contract with Arizona Office Technology (AOT), copiers are currently leased by the City’s various departments on an as-needed basis. Other key background information on the existing City copier fleet is as follows:

(a) A total of 244 Toshiba-branded copiers and 444 Xerox-branded copiers are currently maintained by AOT.

(b) Approximately 80% of the City’s current copier fleet is network-connected.

(c) The City’s aggregate copier-related monochrome volume is 2,268,348 total average billable impressions per month, while the fleet’s aggregate color copier monthly volume is 609,916 total average billable impressions.

(d) 67 different copier models are in use Citywide out of 688 total units in the fleet. 353 of the current copiers are color-capable.

1.4. Printer Fleet Facts

Printers are currently purchased by the City’s various departments on an as-needed and decentralized basis (under the impending Contract all printer purchases will have to be approved by ITS). Other key background information on the City’s existing printer fleet is as follows:

(a) More than 95% of all printers installed Citywide are HP-branded.

(b) Each City department’s IT personnel provide Tier 1 printer support.

(c) The City’s monochrome printer volume is estimated to be 3,137,729 impressions per month based upon total citywide paper purchases less total billable copier-related volumes and accounting for 10% duplex copying. Please see Exhibit A for a sampling of network printers located in some City Departments. It is estimated that the total printer population listing in Exhibit A accounts for only about 25% of the total printer fleet.




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2. SCOPE AND OBJECTIVES

2.1. Scope

The following summary of the scope of services and deliverables under this Contract is intended for informational purposes only and does not modify or replace any of the requirements of this RFP including its various Sections, Exhibits, Attachments, Addenda and Pricing Submittal Schedules:

(a) Product Categories Included in Unified Print Program. The Citywide Unified Print Program Services Contract shall encompass various support services as defined within this RFP for two Product Categories: Copier/Multifunctional Devices (“MFDs”) and Networked Laser Printers.

(b) Contract Term, Phased-In Equipment Schedule and Anticipated Volumes. The Citywide

Copier/MFD Fleet Program Contract resulting from this RFP will be in effect for a sixty (60-month) initial term. Six-hundred ninety-three (693) Copier/MFDs are to be installed during the term of resulting Contract, with one-hundred forty-two (142) MFDs scheduled to be installed at Contract inception. Pricing Submittal Schedule C sets forth the detailed equipment phase-in plan by copier segment (speed range) and by month during the Contract term. Considering the phased-in MFD installation schedule, and the Networked Laser Printer fleet which will be serviced beginning immediately upon Contract inception, the Citywide Unified Print Program Services fleet volume under the impending Contract that results from this RFP process is projected to exceed 290,000,000 (290 million) impressions during the five-year Contract term.

(c) Billing. The summary billing will be issued by the Contractor directly to the authorized

representative of the City’s IT Department.

The Contractor’s monthly billing statement, which shall be issued to the City’s authorized IT program representative within ten (10) days of the close of each monthly billing period, will cover both Product Categories described in this RFP and shall consist of: (1) A summary of applicable monthly charges by Product Category including all base unit lease charges and the applicable per-impression service/supply charges appropriate to each Product Category based on the monthly volume produced; and (2) An electronic comma delimited file (.csv) containing all of the information noted in item (1) of this paragraph. On each monthly consolidated invoice, a separate line item reflecting the per-Copier/MFD one-time flat-rate charges, as applicable, will appear for each Copier/MFD functionally upgraded during the previous month as provided for in Section IV.4.15 below and per the upgrade pricing set forth in Pricing Submittal Schedule B. Separate line items will also show any unplanned Copier/MFDs added to the fleet as per the pricing set forth in Pricing Submittal Schedule D.




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(d) Pricing Elements. Proposed Contractor Copier/MFD pricing, to be entered onto Pricing Submittal Schedules A through E, is to include conformance with all requirements set forth in Section IV.4 including, but not limited to, the MFD hardware, all required accessories and software, a minimum of (4) full-time factory trained service technicians assigned to the City, emergency and preventive maintenance service, labor, toner, staples and parts and excluding only paper. All Copier/MFDs will have a co-terminus expiration date of June 30, 2019 regardless of when installed under the resulting Contract. Devices installed in the first two (2) years of the resulting Contract must be new, while any additional devices, including those units scheduled for replacement under Pricing Submittal Schedule C and any unplanned units (refer to Pricing Submittal Schedule D) that may be required in years three (3), four (4) and five (5) may be installed as used or remanufactured devices. The Contractor’s proposed pricing covering Networked Laser Printers shall be entered onto Pricing Submittal Schedule E, and shall include but not be limited to, emergency and preventive maintenance (PM) service, labor, toner cartridges and PM kits and exclude only paper.

(e) Service and Supply Charges. Service and supply cost per impression (CPI) charges for both

Product Categories will apply from the first copy/print on each device with no fleet-wide or per-unit volume minimums/allotments/guarantees.

(f) All Copier/MFDs to be Network-Connected. Strong support for implementing the Copier/MFD

program exists at all levels within the City’s management team and within the City’s Information Technology Services Department. Consequently, all Copier/MFDs will be equipped with network printing & scanning capabilities upon installation.

(g) Contractor Responses. Submittals 3 and 4 provide detailed Contractor technical and pricing response formatting requirements, consisting of sections requiring specific responses. Contractors submitting proposals in response to this RFP must provide all Submittal 5 and Submittal 6 requested information on a section-by-section basis.

2.2. Objectives

The City’s objectives for this Contract include:

(a) Reducing the City’s hardware-, service- and supply-related expenses for Copier/MFDs and Networked Laser Printers;

(b) Establishing a synchronized technology refreshment schedule so that all City departments can benefit from the latest document imaging technological advancements; and

(d) Maintaining or improving upon current service levels being provided to the City’s internal customers.

3. GENERAL REQUIREMENTS

3.1. Qualifications

The City is seeking an authorized supplier/servicing Contractor of Copier/MFDs and Networked Laser Printers that is qualified to provide copier/printer-related services as defined herein. The supplier must demonstrate via its response to this RFP the following capabilities and qualifications:

(a) Authorization to sell and/or service the Copier/MFD and Networked Laser Printer brands and models being proposed within the geographic boundaries of the City;

(b) Agreement with the specifications, service and support requirements of this RFP as set forth in Section IV.4;




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(c) Proven experience in handling the unique nature of major accounts such as The City of Phoenix;

(d) Inclusion of a minimum of four (4) full-time factory-trained technicians to be assigned to the City during all standard City business hours (8:30 a.m. through 5 p.m. local Phoenix time);

(e) Demonstratable experience in providing Copier/MFD/Networked Laser Printer fleet services covering a diverse fleet of Copier/MFD and Networked Laser Printer models;

(f) Proven satisfaction of contractor’s current Copier/MFD and Networked Laser Printer fleet customers (including the City) with equipment, supplies, and service;

(g) Reliability and suitability of proposed Copier/MFD models during the City’s proof-of-concept internal testing which may extend for up to two weeks and may involve multiple City Departments at the City’s sole discretion;

(h) Compatibility of contractor’s equipment and software within the City networking environment;

(i) Solid financial stability;

(j) Completeness of overall technical support package;

(k) Flexibility of billing structure to meet the City’s requirements; and

(l) Competitive overall cost.

3.2. Product Specifications

City is seeking the installation and support of Copier/MFDs that meet all required specifications as set forth in Section IV.4.2 through IV.4.5 below.

3.3. Services

The successful Proposer will provide all required Copier/MFD- and Networked Laser Printer-related support services as set forth in Section IV.4.6 through IV.4.30 below.




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4. SPECIFIC REQUIREMENTS AND SPECIFICATIONS RELATED TO COPIER/MULTIFUNCTIONAL DEVICES (MFDs) AND NETWORKED LASER PRINTERS

4.1 Scope of Work The Contractor shall provide functional equipment, accessories, support services and necessary human

resources related to Copier/MFDs and Networked Laser Printers in accordance with each of the requirements listed and described below:

4.2 Specifications of Segment 2 Copier/MFDs and Color Units:

Technology: Digital Electrostatic Standard Functionality: Monochrome copying, printing & scanning only: Standard (on 210 of 312 units) Color copying, color printing and color scanning only: Standard (on 102 of 312 units) Rated speed: 25 monochrome impressions per

minute minimum (monochrome units); 20 color copies per minute minimum (Color units only)

Maximum copy/print size: Ledger (11” x 17”) or greater FCT (First-Copy Time): 7.5 Seconds or Less RADF: Standard Compatibility with Rightfax: Standard Scan-To-USB and Print-From-USB: Standard Duplexing: Standard (unit and drivers must

default to duplex mode for both copying and printing)

Single-position Stapling Finisher: Standard Sheet capacity of finisher: 300 sheets minimum Separate finisher trays/locations for prints & copies: Standard Scan-to-email (with LDAP authentication): Standard Secure (password-protected) Printing: Standard Console: Standard Number of paper drawers (excluding bypass): Four minimum Total sheet capacity of drawers (excluding bypass): 2,000 sheets minimum Stack-feed bypass: Standard—50 sheets minimum Auto tray-switching: Standard Estimated per-Multifunctional Device Monthly Volume: 1,250 (1.25 thousand) monochrome

impressions per unit per month Minimum number of Segment 2 Copier/MFDs and




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Color Units: Three-hundred twelve (312) total Segment 2 units; Two-hundred ten (210) of the 312 Segment 2 units shall be equipped with monochrome copying, printing and scanning only; and One-hundred two (102) of the 312 Segment 2 units shall be Color Copier/MFDs equipped with color copying, color printing and color scanning only. Please refer to Pricing Submittal Schedule C for the number of Segment 2 MFDs to be installed at Contract inception and each month during the remaining Contract term.


Technology: Digital Electrostatic Standard Functionality: Monochrome copying, printing & scanning only: Standard (on 93 of 278 units) Color copying, color printing and color scanning only: Standard (on 185 of 278 units) Rated speed: 35 monochrome impressions per


Maximum copy/print size: Ledger (11” x 17”) or greater FCT (First-Copy Time): 6.5 Seconds or Less RADF: Standard Compatibility with Rightfax: Standard Scan-To-USB and Print-From-USB: Standard Duplexing: Standard (unit and drivers must


Single-position Stapling Finisher: Standard Sheet capacity of finisher: 300 sheets minimum Separate finisher trays/locations for prints & copies: Standard Scan-to-email (with LDAP authentication): Standard Secure (password-protected) Printing: Standard Console: Standard Number of paper drawers (excluding bypass): Four minimum Total sheet capacity of drawers (excluding bypass): 2,000 sheets minimum Stack-feed bypass: Standard—50 sheets minimum Auto tray-switching: Standard Estimated per-Multifunctional Device Monthly Volume: 4,000 (4 thousand) monochrome

impressions per unit per month Minimum number of Segment 3 Copier/MFDs and




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Color Units: Two-hundred seventy-eight (278) total Segment 3 units; Ninety-three (93) of the 278 Segment 3 units shall be equipped with monochrome copying, printing and scanning only; and One-hundred eighty-five (185) of the 278 Segment 3 units shall be Color Copier/MFDs equipped with color copying, color printing and color scanning only. Please refer to Pricing Submittal Schedule C for the number of Segment 3 MFDs to be installed at Contract inception and each month during the remaining Contract term.


Technology: Digital Electrostatic Monochrome copying, printing & scanning only: Standard (on 32 of 98 units) Color copying, color printing and color scanning only: Standard (on 67 of 98 units) Rated speed: 60 monochrome impressions per


Maximum copy/print size: Ledger (11” x 17”) or greater FCT (First-Copy Time): 4.5 Seconds or Less RADF: Standard Compatibility with Rightfax: Standard Scan-To-USB and Print-From-USB: Standard Duplexing: Standard (all units and drivers must


Multi-position Stapling Finisher: Standard Sheet capacity of finisher: 2,000 sheets minimum Separate finisher trays/locations for prints & copies: Standard Three-Hole Punching: Standard Scan-to-email (with LDAP authentication): Standard Secure (password-protected) Printing: Standard Number of paper drawers (excluding bypass): Three minimum Total sheet capacity of drawers (excluding bypass): 3,000 sheets minimum Stack-feed bypass: Standard—50 sheets minimum Auto tray-switching: Standard Estimated per-Multifunctional Device Monthly Volume: 12,500 (12.5 thousand)

monochrome impressions per unit per month

Minimum number of Segment 4 Copier/MFDs and




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Color Units: Ninety-eight (98) total Segment 4 units; Thirty-two (32) of the 98 Segment 4 units shall be equipped with monochrome copying, printing and scanning only; and Sixty-six (66) of the 98 Segment 4 units shall be Color Copier/MFDs equipped with color copying, color printing and color scanning only. Please refer to Pricing Submittal Schedule C for the number of Segment 4 MFDs to be installed at Contract inception and each month during the remaining Contract term.

4.5 Specifications of Segment 5 and Segment 6 Copier/MFDs:

Technology: Digital Electrostatic Standard Functionality:

Monochrome copying, printing & scanning only: Standard Rated speed: 75 monochrome impressions per

minute minimum (Segment 5); 110 monochrome impressions per minute minimum (Segment 6)

Maximum copy/print size: Ledger (11” x 17”) or greater FCT (First-Copy Time): 4 Seconds or Less RADF: Standard Compatibility with Rightfax: Standard Scan-To-USB and Print-From-USB: Standard Duplexing: Standard (all units and drivers must


Multi-position Stapling Finisher: Standard Sheet capacity of finisher: 2,000 sheets minimum Separate finisher trays/locations for prints & copies: Standard Three-Hole Punching: Standard Scan-to-email (with LDAP authentication): Standard Secure (password-protected) Printing: Standard Number of paper drawers (excluding bypass): Three minimum Total sheet capacity of drawers (excluding bypass): 4,000 sheets minimum Stack-feed bypass: Standard—50 sheets minimum Auto tray-switching: Standard Estimated per-Multifunctional Device Monthly Volume: 30,000 (30 thousand) monochrome

impressions per unit per month (Segment 5); 75,000 (75 thousand) monochrome impressions per unit per month (Segment 6)

Minimum number of Segment 5/6




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Copier/MFDs: Three (3) Segment 5 units and One (1) Segment 6 unit. Please refer to Pricing Submittal Schedule C for the number of Segment 5/6 MFDs to be installed at Contract inception and each month during the remaining Contract term.

4.6 Phased-In Installation of Copier/MFDs at Contract Inception and During Contract Term;

Common expiration dates of Copier/MFDs; No Fleet-Wide Volume Guarantees; Renewal Term Pricing

The minimum numbers of Copier/MFDs in each Segment to be placed at the commencement of and during the term of the resulting Contract are set forth in Section IV.4.2 through IV.4.5 above and on attached Pricing Submittal Schedules B and C. The numbers of MFDs per segment set forth in Section IV.4.2 through IV.4.5 above and Pricing Submittal Schedules B and C are estimates only. During the mandatory pre-site assessment stage of resulting Contract and the resulting recommendations from the Contractor as required under Section IV.4.30 below, the actual number of Copier/MFDs recommended to be installed at the commencement of, and during, the resulting Contract may increase or decrease by up to 10% compared to the estimated unit numbers. In addition to the numbers of Copier/MFD installations scheduled to be installed at the commencement of, and during, the Contract as per Section IV.4.2 through IV.4.5 above and Pricing Submittal Schedules B and C, an additional yet unanticipated number of Copier/MFDs in Segments 2 through 6 may be required by the City during the resulting Contract term. The per-unit Base MFD Lease Pricing for such unplanned devices added during the Contract term shall be set forth on Pricing Submittal Schedule D. Regardless of when installed, each Copier/MFD placed under the resulting Contract shall have the same termination date, estimated to be June 30, 2019. There shall be no fleet-wide minimum annual monochrome or color volume guarantee in any Product Category.

At the completion of the initial term of the Contract, the all-inclusive renewal pricing set forth on Pricing Submittal Schedule B shall immediately become effective until such time as the Contract is non-renewed. All other pricing set forth on the various Pricing Submittal Schedules, including any MFD Base Lease charges and service/supply charges listed on those Pricing Submittal Schedules, shall no longer be charged to the City during any Contract renewal period.

4.7 All Pricing Firm

All pricing set forth in all Pricing Submittal Schedules shall remain firm for the entire term of the initial 60-month Contract.

4.8 Responsibility for Collecting Meter and Departmental Code Readings Citywide; Monthly

Equipment Performance and Meter/Departmental Code Reports




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The Contractor shall provide the City with a Monthly Equipment Performance and Meter/Departmental Code Report. All meter and departmental code readings provided under this Section must exactly match the number of impressions billed to the City for the given monthly period.

The Contractor shall be responsible for collecting meter and departmental code readings from all installed equipment to fulfill Contractor invoicing and monthly reporting requirements. An electronic copy/print tracking capture software utility tool must be provided to the City to meet the requirements of this Section. This electronic data capture software utility must, however, be approved by the City’s Information Technology Services Department prior to implementation under the resulting Contract.

Meter and departmental code readings shall include the total copy/print volume as well as the per-departmental code copy/print volumes for each device in each Product Category. Manual readings by the Contractor’s technical personnel, if necessary, must be performed on non-connected devices. Estimated meter readings are not permissible under the resulting Contract. All meter and departmental code copy/print volume data provided to the City must be sorted by departmental general ledger code or similar identification code.

The formatting of the Monthly Equipment Performance and Meter/Departmental Code Report will be accomplished according to the needs of the City’s Purchasing Services Department, however the Monthly Equipment Performance and Meter/Departmental Code Report shall indicate at minimum the following information during the period for each unit in each Product Category: Contractor Device identification number; Room number, site and/or department name and departmental code number; Applicable academic/departmental general ledger code/cost center (provided by the City); Total number of billable monochrome and color copies and prints; Total number of copies for the device by departmental code, number of prints for the device by

departmental code, number of emergency service calls, number of preventive maintenance calls performed, actual response time for each required service call, total uptime hours; and

The resulting Copier/MFD and Networked Laser Printer uptime percentage for the month (see Section IV.4.22 for the definition of uptime that will be used under the resulting Contract).

The Monthly Equipment Performance and Meter/Departmental Code Report will be sent to the following email addresses: [email protected], [email protected] and any other designee that the City may name during the term of the agreement, by the tenth day of each succeeding month following the close of each monthly period during the term of the resulting Contract.

4.9 Networking Infrastructure; Network Security; Driver Updates; Access to Devices All Copier/MFDs shall be fully network compatible with the City’s networking environment when installed and shall be compatible with Active Directory’s printing management function. Client Operating Systems which must be supported for printing on all installed Copier/MFDs include: Vista, Windows 7 and Windows 8/8.1, Redhat Linux and Mac OS 10.4 or higher. Apple PCs represent less than 1% of the existing 14,000 workstations at the various City sites. Drivers must be available for each of these desktop operating systems. Copier/MFD




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Network interface cards must communicate over 10/100/1000 BASE-TX Ethernet lines running TCP/IP protocols. IP addresses shall be statically assigned and unique Device Names must be fully configurable via a secure password protected web-based interface. If the devices support SNMP management, the ability to change the community strings must be present. The page Description Language installed on every Copier/MFD must be PCL6 and Postscript Level 3. Copier/MFD Copier/MFDAll Copier/MFDs must also be compatible with the City’s Exchange and Lotus Notes email servers. All Copier/MFDs must use City SMTP gateways to send email and must not send email directly from the Devices. Network security features shall be included and maintained on all Copier/MFDs provided by the Contractor throughout the term of the resulting Contract. The City’s Information Technology Services Department reserves the right to conduct a thorough evaluation of all included network security elements prior to agreement implementation and at any time during the term of the agreement. All Device services/ports not required to perform specific requirements of this RFP must be closed prior to installation at any City facility. The Contractor shall ensure that all Copier/MFD network print drivers and device management utilities installed under the agreement are fully compatible with the City’s current network operating systems, as described above and shall perform updates on an ongoing basis throughout the term of the agreement as the City’s network environment evolves, at no cost to the City. Furthermore, all Copier/MFD drivers shall be fully compatible with the City’s Microsoft Active Directory environment. The Contractor shall not remotely access Copier/MFDs unless on the premises of a City Department site using a City-provided workstation. All such access will be subject to monitoring by City personnel. Administrative passwords for all installed Copier/MFDs will be provided to the City’s Information Technology Services Department. At all times during the course of this Contract the City’s Information Technology Services Department will be provided access to make device configuration changes as needed for security purposes. The Contractor will be required to amend the standard configuration settings of all installed devices to comply with the City’s security policies including, but not limited to, the disabling of network scanning (in favor of scanning to USB), Telnet, FTP and fax capabilities as applicable.

4.10 Scan Driver/Software Utility Functionality Descriptions The pricing set forth in Pricing Submittal Schedules B, C and D includes Copier/MFD scan services to be provided by the Contractor under this Section of the RFP. The Contractor shall provide all Copier/MFDs with the following required scanning functions: Scan-to-Rightfax, scan-to-email, scan-to-folder and scan-to-desktop. The Contractor shall also provide LDAP and active directory authentication functionality to enable each of the Copier/MFDs to scan and send documents to any email address in any City employee’s address book or to the network drive to which the user has access. The scan services listed in this Section shall be in addition to any other scan services described in other sections of this RFP.

4.11 Help Desk Support; Print and Scan Drivers/Controllers; Responsibility for Installation and Troubleshooting




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All pricing set forth in Pricing Submittal Schedules B and C, covering Copier/MFDs and Networked Laser Printers, includes the cost for the Contractor to provide, among other items, off-site help desk support to respond to calls from either designated key operators at each Copier/MFD or Networked Laser Printer location or City help desk personnel during normal working hours, as well as all necessary print/scan drivers and controllers, and all network administration utilities and updates. As new print/scan drivers are released by the manufacturer(s) of the installed equipment, the Contractor is required to proactively provide said drivers to the City’s Information Technology Services department via email or secure download.

All pricing set forth in Pricing Submittal Schedules B and C also include the cost for the Contractor’s professional services staff to provide the following specific duties:

Setting up the Network Interface Cards (NIC) of all Copier/MFDs; Connecting the Copier/MFDs to the appropriate network and troubleshooting the City-supplied

cabling from the RJ-45 wall jack to each device’s NIC card; Setting up, maintaining and troubleshooting print queues on the appropriate server; Installing all print drivers; Printing a test page from each device; Updating all device-related software, drivers and firmware by complying with the City’s

designated change management procedure which, among other requirements, requires City approval prior to the implementation of any update; and

Following the City’s incident management procedures. Although the Contractor is at all times ultimately responsible for installing, configuring and troubleshooting all equipment on the City’s network environment under the agreement, each City Department’s Information Technology Services Department will assist and supervise the Contractor in installing the equipment, device drivers and utilities on the network. The Contractor resources sufficient to accomplish this network installation, if required, must be provided to the City’s central Information Technology Services Department and to the Information Technology Services groups within each City Department. The Contractor will at all times assume responsibility to remediate any discovered security vulnerabilities in all hardware and software solutions provided to the City within ninety (90) days of written notice by the City or immediately if the vulnerability poses a high risk to the City.

4.12 Billing Prior to January 1 2015

The billing for all units in the Copier/MFD Category instag the initial base fleet equipment installation period shall be based on the applicable service and supply cost-per-impression charges listed on Pricing Submittal Schedule B, multiplied by each Copier/MFD’s actual usage during the installation period.

4.13 Build Status of Equipment

Only Copier/MFDs being marketed by the Contractor as of the commencement date of the resulting Contract with a build status of either “New” or “Newly Manufactured” models and used for the first time by the City may be installed at the commencement of, and during, the first two (2) years of resulting Contract. Copier/MFDs with a build status of either “Rebuilt,” “Used,” “Reconditioned,” “Remanufactured” or “Discontinued” shall not be installed during the first two (2) years of the agreement.




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If additional equipment is required by the City during years three (3) through five (5) of this 60-month agreement, the Contractor may install either “New,” “Newly Manufactured,” “Rebuilt,” “Used,” “Reconditioned,” “Remanufactured” or “Discontinued” models by mutual agreement with the City. Regardless of when equipment is installed under the resulting Contract, all units must conform to the specifications set forth in Section IV.4.2 through IV.4.5. At no time will the Contractor install analog equipment under the agreement. The Contractor must communicate its intentions to the City regarding this section prior to installation of any equipment. The City reserves the right to inspect and approve all service histories on non-New or non-Newly manufactured units proposed to be installed by the Contractor. This Section is applicable to all Copier/MFDs installed under the resulting Contract, including those units installed initially, those units scheduled for installation during the Contract term and any additional units added by the City during the Contract term.

4.14 Addition of Copier/MFDs

Additional Segment 2 through 6 Copier/MFDs not anticipated under Section IV.4.2 through IV.4.5 and Pricing Submittal Schedules B and C, will be offered by the Contractor at the contracted Monthly Base Equipment Charge per applicable segment and per month during the Contract term as set forth on Pricing Submittal Schedule D plus the associated service and supply per-impression charges listed in Pricing Submittal Schedule B times the unit’s actual volume during the subject period. Adding unplanned units will increase the Monthly Fleet-Wide Aggregate Lease Cost by the applicable Monthly Base Equipment Cost of the additional devices as set forth in Pricing Submittal Schedule D. The Contractor must fulfill such additional equipment requests with equipment meeting the specifications of Section IV.4.2 through IV.4.5 above and as per the terms of Section IV.4.13 above within ten (10) business days of receipt of a written request by the City. Adding units will not in any way renew or extend the term of the resulting Contract.

4.15 Functionality Upgrades of Units; One-Time Flat-Rate Upgrade Charges At its sole discretion, the City may require certain functional upgrades on various installed equipment from time to time during the course of the resulting Contract. Functionality upgrades may consist of, but not be limited to: Hole-Punching for Segment 2 and 3 Copier/MFDs including Color Multifunctional Devices as applicable; Analog Fax Boards for Segment 2 through 6 Copier/MFDs; and Saddle-Stitching for Segment 2 through 6 Copier/MFDs including Color Multifunctional Devices as applicable. The one-time flat-rate charge for such upgrades shall be firm for the first ninety (90) days of the resulting Contract. After the first ninety (90) days following installation of each Copier/MFD under the resulting Contract, such functional upgrades, or other available equipment upgrades, shall be installed by The Contractor at the percentage discount from the manufacturer’s suggested retail price (MSRP) as indicated on Pricing Submittal Schedule B. As per Section IV.4.7, each Copier/MFD functional upgrade installed during any previous month will be billed as a separate one-time line item charge. Functionally upgrading units will not in any way renew or extend the term of the resulting Contract.

4.16 Load-Balancing Halfway During Term of Agreement




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The City may, in order to balance volume production and preserve the longevity of the Copier/MFDs, require the Contractor to switch Copier/MFDs in certain circumstances including, but not limited to, instances where volumes vary dramatically on units within a given Segment, or where certain Copier/MFDs are producing well below or above their expected volumes. Such load-balancing shall be performed at the halfway point of the resulting Contract’s duration (on or about January 1, 2017) at no charge to the City.

4.17 Substituting Models of Equipment That Become Discontinued

Should a Copier/MFD model originally installed under the resulting Contract become discontinued by the manufacturer during the term of the agreement, the Contractor may, with the written approval of the City, substitute a like Copier/MFD when it is required by the City to add units or replace units.

Such Copier/MFD(s) to be substituted must be of equal or greater capability as the Copier/MFD to be replaced and must be offered at the same Base Monthly Lease cost (as set forth on Pricing Submittal Schedules B, C and D) as the original Copier/MFD. The Contractor must communicate its intentions to the City regarding this section prior to installation of any substituted equipment. Replacement of a Copier/MFD(s) shall not modify the original expiration date of the leasing agreement.

4.18 Assignment of a Minimum of Four (4) Full-Time Factory-Trained Service Technicians to Support all Installed Copier/MFDs and Networked Laser Printers; Initial Training and Professional Services Staff Members Required for Initial Six Months of Contract; Scheduling of Training

Throughout the term of the impending Contract, excepting only the first six months of the Contract term as defined further below in the last paragraph of this Section, the Contractor shall assign a minimum of four (4) full-time factory-trained service technicians to provide the copier/printer service-support functions set forth in this RFP. The Contractor’s factory-trained service technicians assigned to the City will at all times be responsible for effective and prompt reliable customer service related to Copier/MFDs and Networked Laser Printers, as determined solely by the City. Employees of Contractor shall strictly adhere to City regulations while on the premises of any City facility, including but not limited to, regulations governing access to buildings, personal conduct, and possession of prescribed substances or articles. Contractor’s employees supporting the City will maintain a dress code that will include collared shirts/golf-shirts as instructed by the City. All technicians and other personnel supporting the City’s Copier/MFD and Networked Laser Printer fleets will be required to pass a CJIS-mandated criminal history background check. Specific Copier/MFD and Networked Laser Printer-related duties of the factory-trained Contractor technicians assigned to the City shall include, but not be limited to, the following: Being physically present at a City-operated facility during all normal City business hours

Monday through Friday; Break/fix repairing of all Copier/MFDs and Networked Laser Printers; Receiving all Device notifications (out of paper, out of toner, malfunction detected) and

resolving all such notifications within four (4) business hours; Archiving of device notification event logs to allow review of device lifecycle performance and

service level monitoring. Opening service tickets using a license provided by the City for its Help Desk software

(Remedyforce) upon receipt of a service call directly from authorized City Departmental personnel and closing all such tickets in Remedyforce after service resolution is completed;




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Proactively performing preventive maintenance (PM) service on all installed devices according to the PM schedule specified by the manufacturer. All PM events shall be recorded in the City’s Remedyforce Help Desk software by an authorized Contractor representative;

As authorized by the various Information Technology Services groups within each City Department, installing print drivers and troubleshooting print- and scan-related issues; and

Routinely interfacing with the City’s various Information Technology Services and Purchasing Services Departments regarding all technical issues encountered.

Within the first 180 days following the execution of this Contract, in lieu of providing a minimum of (4) full-time factory-trained service technicians as provided for above in this Section, the Contractor shall provide one (1) professional services staff member to manage all software installations and otherwise support the networking of all Copier/MFDs and two (2) dedicated training staff members to fully train all City personnel as applicable on a scheduled rotational basis. The professional services and training staff members required during the initial 180 days of the Contract term shall be physically present at various City department locations on a scheduled rotational basis performing their respective duties during all normal business hours. During this initial 180-day Contract period, service calls will be handled by Contractor’s standard service dispatch system. Contractor shall maintain accurate electronic records of all staff member time and attendance at the various City departmental offices and shall provide such records proactively on a monthly basis to ensure that sufficient manpower has been provided for that period. After the initial training provided by the Contractor to all City of Phoenix Departments within the initial 180 days of the Contract, additional training will be scheduled as deemed necessary by the department and approved by IT at no charge. Additional training will be provided within five (5) business days after a request has been made by a given department.

4.19 Full Service Support; Additional Technician Support for the Various City Departmental Locations; All Service Calls to be Placed via Toll-Free Number or Email; Service Credits

The Contractor shall provide full service support (as described in this Scope of Work) related to all Copier/MFDs and Networked Laser Printers installed at the City’s various locations. In addition to the four (4) assigned full-time assigned factory-trained technicians, sufficient numbers of additional factory-trained technicians will be dispatched to each City location to fulfill the response time and uptime provisions of the resulting Contract. It shall be the Contractor’s sole responsibility to meet or exceed all response time and uptime provisions at all times under this Contract. The Contractor’s technical support personnel, as required, must be available to be dispatched to the City’s locations between the normal working hours of 8:30 a.m. and 5:00 p.m., Monday through Friday, except on scheduled City closings. To ensure access for support purposes, the Contractor understands that different City departments, offices and buildings may have unique operating hours. A unique identification number for each Copier/MFD installed under this Contract shall be prominently displayed on the device along with the phone number of the City’s Help Desk. Service calls from City offices will be submitted directly to the Contractor. Contractor personnel will then enter the call into RemedyForce using a license provided by the City for its Remedyforce Help Desk software and close such service tickets when service resolution is complete using the same software license. Service calls from City offices will be submitted via a toll-free service hotline staffed by live operators (no recordings except after hours) or via email. The Contractor’s technicians are not, under any circumstances, to give out cell phone or pager numbers to City personnel, as all service calls are to be logged and tracked via the Contractor’s service dispatch system for reporting purposes.




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While servicing the Copier/MFDs and Networked Laser Printers, the Contractor’s technicians shall be authenticated utilizing a special service code. All copies and prints produced during each service call shall be itemized and credited to the City on the subsequent monthly service invoice.

4.20 Preventive Maintenance It shall be the responsibility of the Contractor to perform preventive maintenance (PM) service for each Copier/MFD installed under the resulting Contract according to the PM schedule specified by the equipment manufacturer. At a minimum, the Contractor will ensure that all Segment 2 through 6 units will have PM work performed at the published manufacturer PM volume interval during the term of the resulting Contract. PM Service must be scheduled beforehand with the designated City key operator at each facility so as to minimize disruption. Such PM pre-scheduling should be accomplished through a license provided by the City for its Remedyforce Help Desk software. Unless otherwise approved by the City in writing, City employees shall not be responsible for installing or replacing any equipment components with the exception of toner cartridges/bottles and staple cartridges.

4.21 Network Support and Operator and User Training Complete Copier/MFD network interface support, user and operator training shall be provided by a dedicated training specialist for all units in the Copier/MFD Category installed by the Contractor(s). Initial training must be provided on functioning equipment in each site within 48 hours of delivery and set up. Ongoing training will be provided, as deemed necessary by the City, by the Contractor at no additional cost to the City. Initial training sessions for delivered equipment will consist of: A detailed explanation of the features of the system installed; Hands-on training of the Copier/MFD’s features, applications and benefits; Question and answer period; and Providing summary user guides (“Quick Tip sheets”), user manuals and other appropriate

materials for all units installed under the resulting Contract.

4.22 Monthly Uptime Performance and Definition of Uptime Each individual device in each Product Category installed and/or serviced under the resulting Contract shall attain at least a 98% monthly uptime performance. At the City’s discretion, any individual Device in any Product Category not meeting the 98% uptime requirement for two (2) consecutive months shall be replaced with a Copier/MFD or Networked Laser Printer of the same, equivalent substitute, or upgraded model. In addition, at the City’s discretion, any individual Device in any Product Category not meeting a minimum acceptable performance level of 98% uptime in any given month shall be replaced with a Copier/MFD or Networked Laser Printer of the same, equivalent substitute or upgraded model. Any MFD installed to replace a unit not meeting the uptime provisions of this Section shall be substituted on any lease documentation for the original unit and shall not carry any additional lease obligation beyond that of the original MFD.




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“Uptime” shall be defined as the number of hours, rounded to the nearest one-quarter hour that a given Copier/MFD or Networked Laser Printer is available to be used by an operator. Any number of hours, rounded to the nearest one-quarter hour that a Copier/MFD or Networked Laser Printer is not available to be used by an operator shall be counted as “downtime” hours, subject to the following provisions: Downtime hours shall be tracked using device event logs and service call records or a

combination of both and listed on the monthly report required under Section IV.4.8 above by the Contractor and counted under the following circumstances: Due to a failed part, until such time as the replacement part is installed and working properly; Due to a specific capability (i.e., Duplexing, document feeding, or scanning, if so equipped) listed in resulting Contract that is not functioning to the City’s satisfaction; and Due to copy/print quality that is unreadable or unacceptable for the City’s purposes.

Downtime hours shall be tracked and listed on the monthly report required under Section IV.4.8 above by the Contractor but not counted under the following circumstances: Due to the response time allowance per service call or email; Due to the number of hours associated with performing preventive maintenance; and Due to obvious and unanticipated customer negligence or abuse.

Contractor shall calculate monthly uptime per Copier/MFD or Networked Laser Printer as follows: the total number of uptime hours per calendar month (calculated by multiplying 22 nine-hour working days per calendar month less all countable downtime hours for the month) divided by 198 average working hours per calendar month. A $25 per-hour downtime credit shall be applied to the City’s account for each hour or partial hour any individual Copier/MFD or Networked Laser Printer is not operational below the 98% requirement. Downtime credits will appear automatically on the next monthly invoice sent to the City.

4.23 Service Response Time for Service Calls Service response time for Copier/MFD and Networked Laser Printer service calls shall be within two (2) hours for Priority City Departments and four (4) hours Copier/MFDfor all other City Departments under the resulting Contract. Priority City Departments are: Municipal Court, Clerk of the Court, and Police. Locations and numbers of devices for each Priority City Department will be provided to the selected Contractor under this Contract. In no event will the number of devices installed in Priority City Departments exceed 10% of the total Copier/MFD and Networked Laser Printer fleet populations. “Service response time” shall be defined as the number of working hours it takes the Contractor technician to begin actual work on the given machine from the time that the service call or email is placed by an authorized representative of the City. For example, a service call or email placed at 4 p.m. on a Wednesday afternoon would need to be physically responded to by 11 a.m. on Thursday morning. The Contractor technicians shall not give out cell phone number or personal email address to key operators, or otherwise bypass the dispatch and reporting system put in place by Contractor under the resulting Contract.

4.24 Loaner Equipment




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In the event that repairs cannot be completed within eight (8) working hours (one business day) from the time that the first service call is placed on a Copier/MFD, equivalent loaner equipment shall be provided by the Contractor immediately and proactively (without official request by the City) at no additional cost or penalty to the City. Will this time work for the library?

4.25 Equipment Compatibility with Recycled Paper

The City requires that all Copier/MFDs and Networked Laser Printers operate reliably using a minimum of 30% post-consumer waste recycled paper. During the term of resulting Contract, the City may be utilizing recycled paper using up to 100% post-consumer waste content. The Contractor affirms that the use of this recycled paper by the City will not cause the equipment to perform under the uptime performance provisions as set forth in number 21 in this section.

4.26 Exclusive Utilization of OEM Parts, Supplies and Consumables for Both Product Categories; Written Request and Approval Required for Use of Non-OEM Networked Laser Printer Parts, Supplies and Consumables; Parts, Supplies and Consumables to be Available Throughout Term of Contract

At all times throughout the term of resulting Contract, the Contractor shall exclusively utilize the manufacturer’s officially approved OEM parts, supplies and consumables in all units installed in both Product Categories encompassed by this Contract. Upon a written request of the Contractor followed by submittals of samples for testing by the City, and subject to the discretion of the City’s Information Technology Services Department, non-OEM parts, supplies and consumables may be utilized in the City’s existing Networked Laser Printer fleet. At no time shall non-OEM parts, supplies and consumables be utilized in Copier/MFDs. At all times during the Contract term, parts, supplies and consumables as required in this Section must be available from the Contractor for all devices installed and/or serviced under the Contract.

4.27 Stocking of Supplies and High-Mortality Parts at City Buildings; Supplies to be Delivered by Contractor Personnel; Waste Toner Recycling

The Contractor shall at all times under resulting Contract provide each Copier/MFD and Networked Laser Printer location with sufficient supplies (including, but not limited to, such items as toner and staples) to last a minimum of thirty (30) days. Certain locations at various times of the year may require additional backup supplies. All supplies shall be either hand-delivered by the Contractor’s assigned personnel or shipped via pre-paid overnight freight service directly to each respective device location at no charge to the City. Additional replacement toner cartridges will be provided by the Contractor upon request by a City Department at no charge.

At the Contractor’s sole discretion, high-mortality consumable parts (including, but not limited to, fuser rollers, feed rollers, corona wires and drums) and other parts as required by the Contractor may be stored on-site at one or more City buildings in a location mutually agreed to by both parties. The Contractor agrees to keep all supplies and parts stocked in a neat and orderly fashion, to not store hazardous materials at any City location, and to obey all local fire codes and all other safety regulations. The City is not responsible for any lost, stolen or damaged items.

At all times under resulting Contract, the Contractor shall be responsible for collecting used toner bottles/cartridges from each Copier/MFD and Networked Laser Printer location on a bi-weekly basis and disposing of such bottles/cartridges in an environmentally responsible manner at no additional cost to the City.




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4.28 Data Encryption and Overwrite Protections to be Included; Data Overwrite Mandatory Every 24 Hours and at Expiration of Contract Term; Hard-Drive Removal at Expiration of Contract Term According to the City’s Standard Policy

The Contractor must ensure that all Copier/MFDs come standard with job encryption to encrypt all jobs being written to the hard drive or non-volatile memory areas. This encryption must be accomplished securely via hardware/software using algorithms of published specification and recognized as secure by the U.S. Government Department of Defense Specification. In addition, all installed Copier/MFDs must comply with the City’s Multifunction Device Security Standard as set forth in Section VI Exhibit B attached hereto.

In addition, after a job is processed and no longer required on the device, the job should be deleted and securely overwritten by random patterns meeting a government recognized standard for this type of activity. The hard drive and non-volatile memory user data areas must have an on-demand overwrite protection capability. This feature should allow for complete secure user data removal from the Copier/MFD on regularly scheduled intervals no longer than every 24 hours. The removal of this data should be accomplished with algorithms from a recognized government specification for this type of activity and should involve multiple data overwrites with random patterns. This activity should be available as user requirements demand. In addition, this procedure shall apply to all Copier/MFDs installed that have a hard drive and/or the capability of storing data locally and further shall apply during the repair, moving (including moving between City Departments) and prior to Device de-installation upon the expiration of resulting Contract. If re-installing a Device's memory it shall be overwritten at no additional cost to the City.

At the completion of contract term, or any renewal period pertaining thereto, the hard drives of each Copier/MFD installed under contract shall be removed and presented to the City according to the City’s standard hard drive removal procedures at no additional cost.

Records shall be kept and provided to the City as requested demonstrating that these procedures are being followed. The City shall have the right to obtain these records at any time within ten (10) days after written notice.

4.29 Timetable and Responsibility for De-Installation of Copier/MFDs

The Contractor will be responsible for de-installing each Copier/MFD installed under resulting Contract, and returning it with prepaid freight and insurance, at no charge to the City within thirty (30) days following the expiration of the agreement’s initial or renewal term.

4.30 Assessment Prior to Installation

The Contractor(s) must perform an assessment of each device work site prior to installing Copier/MFDs and supporting Network Laser Printers under the resulting Contract for the purpose of ensuring that: (a) The volume and workflow needs of the facility are appropriate to the capacities of the anticipated numbers of devices to be deployed; (b) There is adequate electrical service and network cabling; (c) The floor space will accommodate the Copier/MFD to be installed. If electrical service and/or network drop changes are required they will be the responsibility of the City; and (d) the existing Networked Laser Printers are properly deployed from a functional and location perspective and, if not, providing recommendations for redeployment, swapping or removal of each device.




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4.31 Short-Term Special Projects Copier/MFDs to be Provided

The Contractor shall make available to the City five (5) Segment 3 monochrome and five (5) Segment 3 color Copier/MFDs for use during special projects. These Copier/MFDs must meet all technical and support requirements of this RFP and must be stored by the Contractor for use by the City on an as-needed basis. The Contractor shall deliver, set-up, install and train City personnel within five (5) business days of receiving a request for such a device.

SECTION V - SUBMITTALS



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SECTION V – SUBMITTALS

SOLICITATION RESPONSE CHECK LIST Please read this before continuing on to the solicitation document. Check off each of the following as the necessary action is completed. □ 1. All forms have been signed. All of Section V, Submittals, is included. □ 2. The prices offered have been verified for accuracy. □ 3. The price extensions and totals have been verified for accuracy. □ 4. Any required drawings or descriptive literature have been included. □ 5. The delivery information block has been completed. □ 6. Review the insurance requirements, if any, to assure you are in compliance. □ 7. The specified number of copies of your offer has been included. Do we want one original

and the rest on CD’s or Thumb drives? □ 8. Insure all addenda have been reviewed, signed and are included with offer. □ 9. The mailing envelope has been addressed to:

City of Phoenix, Procurement, 8th Floor, 251 W. Washington Street, Phoenix, AZ 85003. The mailing envelope clearly shows: Your company name and address, the solicitation number, and the proposal opening date.

□ 10. The response must be mailed in time to be received on October 3, 2014 no later than

2:00 PM Local Time Offers received after this time and date shall be rejected. □ 11. Any information requested to be kept confidential is specifically listed in the applicable

submittal. Pricing cannot be considered confidential.




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SUBMITTAL 1 – OFFER AND ACCEPTANCE OFFER TO THE CITY OF PHOENIX: The Undersigned hereby offers and agrees to furnish the material and or service(s) in compliance with all terms, conditions, specifications, and addenda issued as a result of the Request for Proposal (RFP) and any written exceptions in the offer. Arizona Sales Tax No.

Use Tax No. for Out-of State Suppliers

City of Phoenix Sales Tax No.

Taxpayer’s Federal Identification No.

Proposer certifies that Proposer has read, understands, and will fully and faithfully comply with this Request for Proposal (RFP), its attachments and any referenced documents. Proposer also certifies that the prices offered were independently developed without consultation with any of the other bidders or potential bidders. Authorized Signature Date Printed Name and Title Company Name

Address

City, State and Zip Code

Telephone Number

Company’s Fax Number

Company’s Toll Free #

Email Address

Indicate on a separate sheet, if Purchase Order or Remit to addresses is different from above. NOTE: Any assignment of proceeds must go through the City of Phoenix, Division of Accounts, formal assignment procedure. Please also refer to the Assignment Provision in the General Bidding Instructions and Conditions of Purchase.




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ACCEPTANCE OF THE OFFER: The Offer is hereby accepted. The Contractor is now bound to sell the materials or services listed by the attached contract and based upon the Request for Proposal (RFP), including all terms, conditions, specifications, amendments, etc. and the Contractor’s Offer as accepted by the City. This contract shall henceforth be referred to as Contract No. . The Contractor has been cautioned not to commence any billable work or provide any material or service under this contract until Contractor receives purchase order, or contract documentation.

City Clerk Approved as to form this 14 day of September, 2006 This document has been approved as to form by the City Attorney and is on file with the City Clerk. It need not be submitted to the City Attorney for approval unless the form document is altered.

CITY OF PHOENIX, a municipal corporation Ed Zuercher, City Manager

James Scarboro, Deputy Finance Director Awarded this ______ day of _____________, 2014.




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SUBMITTAL 2 – SOLICITATION ADDENDA

Offeror Name: Offeror Response

In accordance with the Solicitation Instructions, Solicitation Addenda, Contractors shall include signed copies of any/all Solicitation Addenda, attached immediately to this Submittal form.

Offeror Response




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SUBMITTAL 3 – DISCLOSURE OF OWNERSHIP:


Contractors shall indicate in their Offer the name(s) of their corporate owner(s). Contractors shall also identify whether or not any such owner(s) also own any other companies, along with the full names of all such companies, including those companies that may also be submitting proposals in response to this Solicitation.

Offeror Response




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SUBMITTAL 4 -- CONFORMANCE WITH TERMS AND CONDITIONS


Section II – Standard Terms and Conditions

Offeror shall read the Standard Terms and Conditions and respond with their acceptance of these terms and conditions below. Should the Offeror wish to take any exception(s) to these terms and conditions, Contractors shall indicate any such exceptions below, including rationale for the exception as well as any proposed alternative language.

[ ] Accepts with no Exceptions [ ] Accepts with the following Exception(s)

Exception Justification Alternative Language

Offeror Response Offeror Response Offeror Response


Section III – Special Terms and Conditions

Offeror shall read the Special Terms and Conditions and respond with their acceptance of these terms and conditions below. Should the Offeror wish to take any exception(s) to these terms and conditions, Contractors shall indicate any such exceptions below, including rationale for the exception as well as any proposed alternative language.

[ ] Accepts with no Exceptions [ ] Accepts with the following Exception(s)







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SUBMITTAL 5 – STATEMENT OF WORK RESPONSE


1. General Requirements

Offeror shall read the referenced section of the Statement of Work and respond with their acceptance of the requirements set forth therein (check to one or the other response below but not both). Should the Offeror take any exception(s) to the requirements within this section, Offerors shall indicate any such exceptions below, including rationale for the exception as well as any proposed alternative language.

[ ] Accepts [ ] Accepts with the following Exception(s)




4. Specific Requirements

Offeror shall read the referenced section of the Statement of Work and respond with their acceptance of the requirements set forth therein (check to one or the other response below but not both). Should the Offeror take any exception(s) to the requirements within this section, Offerors shall indicate any such exceptions below, including rationale for the exception as well as any proposed alternative language.

[ ] Accepts [ ] Accepts with the following Exception(s)




5. Offerors shall read Section 1-Instructions, paragraph 13, Submittal 5 and provide the requested

information in the order and format requested.




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SUBMITTAL 6 – PRICES AND PRICING


Offerors shall read Section 1-Instructions, paragraph 13, Submittal 6 and provide the requested information in the order and format requested.

Exclusion of Taxes in Prices

Prices offered shall not include applicable state and local taxes. The City will pay all applicable taxes. For the purpose evaluations and determining the lowest price, the City will not take tax into consideration. Taxes must be listed as a separate item on all invoices.




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SUBMITTAL 7 – CONFIDENTIAL INFORMATION:


In accordance with the Public Records clause in the Standard Terms and Conditions, Contractors shall list any/all contents of their Proposal they deem to be confidential, in this Submittal form or attached immediately to this form.

Offeror Response

SECTION VI - EXHIBITS



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SECTION IV – EXHIBITS

EXHIBIT A – LISTING OF NETWORKED LASER PRINTERS IN SAMPLE CITY DEPARTMENTS HP Color Laser Jet 4600

HP Color Laser Jet 4650



HP Color Laser Jet CP4020



hp color LaserJet 2550 series

HP Color LaserJet 2605dn

HP Color LaserJet 3000




hp color LaserJet 3500



























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HP Color LaserJet CM2320nf MFP

HP Color LaserJet CM2320nf MFP

HP Color LaserJet CP2025dn

HP Color LaserJet CP3505


















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HP Color LaserJet CP4020 Series






hp LaserJet 1300n

HP LaserJet 1320

HP LaserJet 1320

HP LaserJet 1320

HP LaserJet 1320

HP LaserJet 1320

HP LaserJet 1320

HP LaserJet 1320

HP LaserJet 2300

HP LaserJet 2300

HP LaserJet 2300

HP LaserJet 2420

HP LaserJet 2420

HP LaserJet 2420

HP LaserJet 2420

HP LaserJet 2420

HP LaserJet 400 color M451dn





HP LaserJet 400 colorMFP M475dw




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HP LaserJet 400 M401dne

HP LaserJet 400 M401n

HP LaserJet 400 M401n

HP LaserJet 4000

HP LaserJet 4000

HP LaserJet 4000

HP LaserJet 4000

HP LaserJet 4000

HP LaserJet 4000

HP LaserJet 4000

HP LaserJet 4000

HP LaserJet 4000

HP LaserJet 4000

HP LaserJet 4000

HP LaserJet 4000

HP LaserJet 4050

HP LaserJet 4050

HP LaserJet 4050

HP LaserJet 4050

HP LaserJet 4050

HP LaserJet 4050

HP LaserJet 4050

HP LaserJet 4050

HP LaserJet 4050

HP LaserJet 4050

HP LaserJet 4050

HP LaserJet 4050

HP LaserJet 4050

HP LaserJet 4050

HP LaserJet 4050

HP LaserJet 4050

HP LaserJet 4050

HP LaserJet 4050

HP LaserJet 4050

HP LaserJet 4050

HP LaserJet 4050

HP LaserJet 4050

HP LaserJet 4050




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HP LaserJet 4050

HP LaserJet 4050

HP LaserJet 4050

HP LaserJet 4050

HP LaserJet 4050

HP LaserJet 4050

HP LaserJet 4050

HP LaserJet 4050

HP LaserJet 4050

HP LaserJet 4050

HP LaserJet 4050

HP LaserJet 4050

HP LaserJet 4050

HP LaserJet 4050

HP LaserJet 4050

HP LaserJet 4050

HP LaserJet 4050

HP LaserJet 4050

HP LaserJet 4050

HP LaserJet 4050

HP LaserJet 4050

HP LaserJet 4050

HP LaserJet 4050

HP LaserJet 4050

HP LaserJet 4050

HP LaserJet 4050

HP LaserJet 4050

HP LaserJet 4050

HP LaserJet 4050

HP LaserJet 4100

HP LaserJet 4100

HP LaserJet 4100

HP LaserJet 4100

HP LaserJet 4100

HP LaserJet 4100

HP LaserJet 4100

HP LaserJet 4100

HP LaserJet 4100




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HP LaserJet 4100

HP LaserJet 4100

HP LaserJet 4100

HP LaserJet 4100

HP LaserJet 4100

HP LaserJet 4100

HP LaserJet 4100

HP LaserJet 4100

HP LaserJet 4100

HP LaserJet 4100

HP LaserJet 4100

HP LaserJet 4100

HP LaserJet 4100

HP LaserJet 4100

HP LaserJet 4100

HP LaserJet 4100

HP LaserJet 4100

HP LaserJet 4100

HP LaserJet 4100

HP LaserJet 4100

HP LaserJet 4100

HP LaserJet 4100

HP LaserJet 4100

HP LaserJet 4100

HP LaserJet 4100

HP LaserJet 4100

HP LaserJet 4100

HP LaserJet 4100

HP LaserJet 4100

HP LaserJet 4100

HP LaserJet 4100

HP LaserJet 4100

HP LaserJet 4100

HP LaserJet 4100

HP LaserJet 4100

HP LaserJet 4100

HP LaserJet 4100

HP LaserJet 4100




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HP LaserJet 4100

HP LaserJet 4100

HP LaserJet 4100

HP LaserJet 4100

HP LaserJet 4100

HP LaserJet 4100

HP LaserJet 4100

HP LaserJet 4100

HP LaserJet 4100

HP LaserJet 4100

HP LaserJet 4100

HP LaserJet 4100

HP LaserJet 4100

HP LaserJet 4100

HP LaserJet 4100

HP LaserJet 4100

HP LaserJet 4100

HP LaserJet 4100

HP LaserJet 4100

HP LaserJet 4100

HP LaserJet 4100

HP LaserJet 4100

HP LaserJet 4100

HP LaserJet 4100 Series

HP LaserJet 4100 Series

HP LaserJet 4200

HP LaserJet 4200

HP LaserJet 4200

hp LaserJet 4200

hp LaserJet 4200

hp LaserJet 4200

hp LaserJet 4200

hp LaserJet 4200

HP LaserJet 4200

HP LaserJet 4200

HP LaserJet 4200

HP LaserJet 4200

HP LaserJet 4200




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HP LaserJet 4200

HP LaserJet 4200

HP LaserJet 4200

HP LaserJet 4200

HP LaserJet 4200

HP LaserJet 4200

HP LaserJet 4200

HP LaserJet 4200

HP LaserJet 4200

HP LaserJet 4200

HP LaserJet 4200

HP LaserJet 4200

HP LaserJet 4200

HP LaserJet 4200

HP LaserJet 4200

HP LaserJet 4200

HP LaserJet 4200

HP LaserJet 4200

HP LaserJet 4200

HP LaserJet 4200

HP LaserJet 4200

HP LaserJet 4200

HP LaserJet 4200

HP LaserJet 4200

HP LaserJet 4200

hp LaserJet 4240

hp LaserJet 4240

hp LaserJet 4240

hp LaserJet 4240

HP LaserJet 4250

HP LaserJet 4250

HP LaserJet 4250

HP LaserJet 4250

HP LaserJet 4250

HP LaserJet 4250

HP LaserJet 4250

HP LaserJet 4250

HP LaserJet 4250




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HP LaserJet 4250

HP LaserJet 4250

HP LaserJet 4250

HP LaserJet 4250

HP LaserJet 4250

HP LaserJet 4250

hp LaserJet 4250

hp LaserJet 4250

hp LaserJet 4250

HP LaserJet 4250

HP LaserJet 4250

HP LaserJet 4250

HP LaserJet 4250

HP LaserJet 4250

HP LaserJet 4250

HP LaserJet 4250

HP LaserJet 4250

HP LaserJet 4250

HP LaserJet 4250

HP LaserJet 4250

HP LaserJet 4250

HP LaserJet 4250

HP LaserJet 4250

HP LaserJet 4250

HP LaserJet 4250

HP LaserJet 4250

HP LaserJet 4250

HP LaserJet 4250

HP LaserJet 4250

HP LaserJet 4250

HP LaserJet 4250

HP LaserJet 4250

HP LaserJet 4250

HP LaserJet 4250

HP LaserJet 4250

HP LaserJet 4250

HP LaserJet 4250

HP LaserJet 4250




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HP LaserJet 4250

HP LaserJet 4250

HP LaserJet 4250

HP LaserJet 4250

HP LaserJet 4250

HP LaserJet 4250

HP LaserJet 4250

HP LaserJet 4250

HP LaserJet 4250

HP LaserJet 4250

HP LaserJet 4250

HP LaserJet 4250

HP LaserJet 4250

HP LaserJet 4250

HP LaserJet 4250

HP LaserJet 4250

HP LaserJet 4250

HP LaserJet 4250

HP LaserJet 4250

HP LaserJet 4250

HP LaserJet 4250

HP LaserJet 4250

HP LaserJet 4250

HP LaserJet 4250

HP LaserJet 4250

HP LaserJet 4250

HP LaserJet 4250

HP LaserJet 4250

HP LaserJet 4250

HP LaserJet 4250

HP LaserJet 4250

HP LaserJet 4250

HP LaserJet 4250

HP LaserJet 4250

HP LaserJet 4250

HP LaserJet 4250

HP LaserJet 4250

HP LaserJet 4250




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HP LaserJet 4250

HP LaserJet 4250

HP LaserJet 4250

HP LaserJet 4250

HP LaserJet 4250

HP LaserJet 4250

HP LaserJet 4250

HP LaserJet 4250

HP LaserJet 4250

HP LaserJet 4250

HP LaserJet 4250

HP LaserJet 4250

HP LaserJet 4300

HP LaserJet 4300

HP LaserJet 4300

HP LaserJet 4350

HP LaserJet 4350

HP LaserJet 4350

HP LaserJet 500 color M551









HP LaserJet 5000

HP LaserJet 5200

HP LaserJet 600 M601












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HP LaserJet 8000

HP LaserJet 8000

HP LaserJet 8000

HP LaserJet 8100

HP LaserJet 8150

HP LaserJet 8150

HP LaserJet 9050

HP LaserJet 9050

HP LaserJet P1505n




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HP LaserJet P1505n

HP LaserJet P1505n

HP LaserJet P2015 Series







































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HP LaserJet P2035n

HP LaserJet P2035n

HP LaserJet P2035n

HP LaserJet P2035n

HP LaserJet P2035n

HP LaserJet P2035n

HP LaserJet P2035n

HP LaserJet P2035n

HP LaserJet P2035n

HP LaserJet P2035n

HP LaserJet P2035n

HP LaserJet P2035n

HP LaserJet P2035n

HP LaserJet P2035n

HP LaserJet P2035n

HP LaserJet P2035n

HP LaserJet P2035n

HP LaserJet P2035n

HP LaserJet P2035n

HP LaserJet P2035n

HP LaserJet P2035n

HP LaserJet P2035n

HP LaserJet P2035n

HP LaserJet P2035n

HP LaserJet P2035n

HP LaserJet P2035n

HP LaserJet P2035n

HP LaserJet P2035n

HP LaserJet P2035n

HP LaserJet P2035n

HP LaserJet P2035n

HP LaserJet P2035n

HP LaserJet P2035n




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HP LaserJet P2035n

HP LaserJet P2035n

HP LaserJet P2035n

HP LaserJet P2035n

HP LaserJet P3005

HP LaserJet P3005

HP LaserJet P3005

HP LaserJet P3005

HP LaserJet P3005











HP LaserJet P4015

HP LaserJet P4015

HP LaserJet P4015

HP LaserJet P4015

HP LaserJet P4015

HP LaserJet P4015

HP LaserJet P4015

HP LaserJet P4015

HP LaserJet P4015

HP LaserJet P4015

HP LaserJet P4015

HP LaserJet P4015

HP LaserJet P4015

HP LaserJet P4015

HP LaserJet P4015

HP LaserJet P4015

HP LaserJet P4015

HP LaserJet P4015

HP LaserJet P4015




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HP LaserJet P4015

HP LaserJet P4015

HP LaserJet P4015

HP LaserJet P4015

HP LaserJet P4015

HP LaserJet P4015

HP LaserJet P4015

HP LaserJet P4015

HP LaserJet P4015

HP LaserJet P4015

HP LaserJet P4015

HP LaserJet P4015

HP LaserJet P4015

HP LaserJet P4015

HP LaserJet P4015

HP LaserJet P4015

HP LaserJet P4015

HP LaserJet P4015

HP LaserJet P4015

HP LaserJet P4015

HP LaserJet P4015

HP LaserJet P4015

HP LaserJet P4015

HP LaserJet P4015

HP LaserJet P4015

HP LaserJet P4015

HP LaserJet P4015

HP LaserJet P4015

HP LaserJet P4015

HP LaserJet P4015

HP LaserJet P4015

HP LaserJet P4015

HP LaserJet P4015

HP LaserJet P4015

HP LaserJet P4015

HP LaserJet P4015

HP LaserJet P4015

HP LaserJet P4015




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HP LaserJet P4015

HP LaserJet P4015

HP LaserJet P4015

HP LaserJet P4015

HP LaserJet P4015

HP LaserJet P4015

HP LaserJet P4015

HP LaserJet P4015

HP LaserJet P4015

HP LaserJet P4015

HP LaserJet P4015

HP LaserJet P4015

HP LaserJet P4015

HP LaserJet P4015

HP LaserJet P4015

HP LaserJet P4015

HP LaserJet P4015

HP LaserJet P4515

HP LaserJet Professional P1606dn

Xerox Phaser 4500DT

Xerox Phaser 4500N

Xerox Phaser 4500N

Xerox Phaser 4500N

Xerox Phaser 4500N

Xerox Phaser 4500N

Xerox Phaser 4500N

Xerox Phaser 4510DT

Xerox Phaser 4510DT

Xerox Phaser 4510N

Xerox Phaser 8400DP




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Domain: Information Security

Number: s1.21

Standard Title: Multifunction Device Security

Original Approval 09/28/2012 Last Updated/Approved 09/28/2012Compliance Date 09/28/2012 Last Reviewed 09/28/2012

Owner Chief Information Security Officer Approvals IT Governance Operational Committee

I. Purpose – Summary of Intent This standard establishes information security controls for all multifunction devices (MFDs) used at the City to ensure that

Departments follow industry best practices, such as security standards developed by the National Institute of Science and Technology and the International Standards Organization, to protect the confidentiality, integrity, and availability of confidential City information

Departments consider MFD security risks and adopt an appropriate mitigation strategy before MFDs are implemented, and

MFDs are configured to comply with this standard.

II. Definitions – Terms Specific to the Standard

Multifunction Device (MFD) — An office machine that incorporates the functionality of multiple devices in one and generally provides centralized document management, distribution, and production in an office setting. An MFD may perform a combination of some or all of the following capabilities: print, copy, scan, fax, and email.

III. Applicability This standard applies to all City personnel who use, acquire, or maintain City MFDs.

This standard applies to all MFDs used in City facilities, whether or not the City owns the devices.




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IV. Responsibilities The City of Phoenix currently employs a Contractor to provide multi-function device services. Contractual obligations require the Contractor to comply with this standard.

Authorized City personnel, such as department local area network administrators, may review MFDs to assure they comply with this standard and may be present during any required maintenance.

V. Standard 1. Device access.

1.1. Device access. Only authorized personnel may modify device security configurations.

1.2. Default accounts. Eliminate default device user accounts if not required. This includes accounts used by Contractors to perform remote device maintenance.

1.3. Default passwords. Immediately after device installation, change default system passwords. Where technically feasible, passwords must comply with standard s1.5, Password Management.

1.4. Device accounts. If technically feasible, create a unique account for each department’s device administrator. In other words, each department may use one device administrator account with a password that complies with the password standard and is changed every 60 days.

1.5. User authentication. If technically feasible, configure the device to support LDAP to authenticate network users who may scan documents to a network share.

1.6. User timeout. Configure any MFD that supports LDAP user authentication to log off a user after 15 minutes of inactivity.

1.7. Authorized use. If technically feasible, configure the MFD to restrict print jobs to only print spoolers and not to accept print jobs from unauthorized users.

2. Network services.

2.1. Disable unused protocols. For example, if only TCP/IP is used, disable FTP and Telnet. Disable unused network services (print/fax/scan and management).

2.2. Static IP address. Assign each MFD a static IP address or an IP reservation in DHCP. This will make it easier to locate the physical device and to secure it.

2.3. Use secure communications. If the MFD requires Internet connectivity, such as to manage the device remotely, all network communications must use a secure protocol, such as SSL.




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2.4. Mail services. Devices must use City SMTP gateways instead of sending email out directly.

3. Vulnerability remediation. Identify and remediate device vulnerabilities in accordance with standard s1.14, Network Vulnerability Remediation.

4. Information protection.

4.1. Writing to hard drives. Avoid storing documents on devices that do not wipe information daily. Documents should be printed from a computer or network share instead of copied to the MFD.

4.2. Hard drive encryption. Where technically feasible, devices should be configured to automatically encrypt their hard drives.

4.3. Hard drive wiping. Where technically feasible, devices should be configured to automatically secure-erase files in between jobs or to wipe their hard drives daily. In accordance with standard s1.7, Media Retention and Removal hard drives must be sanitized to remove City information before redeploying or decommissioning the devices.

4.4. Data loss prevention. If requested by authorized City personnel, restrict document scanning to only a network share — neither to email nor to a USB drive.

5. Device protection.

5.1. Configuration state. Ensure the MFD maintains its configuration state (passwords, service settings, etc.) after a power down or reboot occurs.

5.2. Physical security. Where technically feasible, verify that the MFD has a mechanism to lock and prevent unauthorized access to the hard drive. Keep the keys in a secure location.

5.3. Oversight. MFDs should be located in a conspicuous place where any maintenance or foul play can be seen.

6. Logging. Where technically feasible, enable logging on devices. This will allow authorized personnel to research events and to help troubleshoot device failures.

V. Compliance Audits The City Auditor Department may conduct periodic audits to evaluate compliance with the requirements set forth in this IT standard.

VI. Related Policies , Standards, and Procedures

s1.5, Password Management

s1.7, Media Retention and Removal

s1.14, Network Vulnerability Remediation




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References:

http://csrc.nist.gov/publications/PubsSPs.html

http://security.tennessee.edu/pdfs/MFDBP.pdf

http://www.27000.org/iso-27002.htm

http://www.sans.org/reading room/whitepapers/networkdevs/auditing-securing-multifunction-devices 1921

https://wiki.internet2.edu/confluence/display/itsg2/Copier+and+MFD+Security




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EXHIBIT B

Supplemental Terms and Conditions to All Airport Agreements A. Definitions

1. "Airport" means Phoenix Sky Harbor International Airport, Phoenix Deer Valley Airport and/or Phoenix Goodyear Airport, in accordance with the context of the contract.

2. "Contract" includes any and all City of Phoenix Aviation Department contracts,

subcontracts, agreements, leases, subleases, licenses, permits, concessions or other documents, however denominated that grant or convey a right or privilege on an Airport, and to which this Exhibit is annexed and made a part thereof.

3. "Contractor" means every lessee, sublessee, licensee, permittee, concessionaire or other

person, firm or corporation exercising a right or privilege on an airport pursuant to a contract, and includes Contractor's heirs, personal representatives, successors-in-interest and assigns.

4. "Premises" means the leasehold or site occupied by Contractor pursuant to the lease,

license or permit that is the subject of this Contract. B. Assurances

1. Contractor shall furnish its services on a fair, equal and not unjustly discriminatory basis to all users of the Airport.

2. Contractor shall charge fair, reasonable and not unjustly discriminatory prices for each

unit or services; provided that, Contractor may be allowed to make reasonable and non-discriminatory discounts, rebates or other similar types of price reductions to volume purchasers. Non-compliance with this requirement shall be a material breach of this Contract for which the City of Phoenix shall have the right to terminate this Contract and any estate created herewith, without liability therefore; or, at the election of the City of Phoenix or the United States, either or both of said Governments shall have the right to judicially enforce said requirement.

3. Contractor warrants that no person shall, on the grounds of race, creed, color, national

origin, sex, age or handicap, be excluded from participating in any activity conducted on or from the Premises, or otherwise be excluded from the benefits offered by Contractor to the general public. Contractor further warrants that it will comply with all pertinent statutes, Executive Orders, and rules promulgated thereunder, to assure that no person is excluded on the grounds of race, creed, color, national origin, sex, age, or handicap.

4. As a part of the consideration for this Contract, Contractor does hereby covenant and

agree that in the event facilities are constructed, maintained, or otherwise operated on the Premises for a purpose for which a DOT program or activity is extended for another purpose involving the provision of similar services or benefits, Contractor shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to Code of Federal Regulations, Title 49, DOT, Subtitle A, Office of the Secretary of Transportation, Part 21-Nondiscrimination in Federally-Assisted Programs of the Department of Transportation--Effectuation of Title VI of the Civil Rights Act of 1964, as said regulations exist and may be amended from time-to-time.




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If this Contract is a lease, then this Covenant is hereby made a covenant running with the land for the term of the lease, and is judicially enforceable by the United States.

5. As a part of the consideration of the Contract, Contractor does hereby covenant and

agree that: (1) no person on the grounds of race, color or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities; (2) in the construction of any improvements on, over or under such Premises and the furnishing of services thereon, no person on the grounds of race, color or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination; and that the Contractor shall use the Premises in accordance with all other requirements imposed pursuant to 49 C.F.R. Part 21, as it may be amended.

If this Contract is a lease, then this Covenant is hereby made a covenant running with the land for the term of the lease, and is judicially enforceable by the United States.

6. The foregoing discrimination covenants are a material part of this Contract and for breach

thereof the City of Phoenix shall have the right to terminate this Contract and to reenter and repossess the Premises and facilities thereon, and hold the same as if said Contract had never been made. This provision does not become effective until the procedures of 49 CFR Part 21 are followed and completed, including expiration of appeal rights.

7. Contractor agrees to insert the foregoing six provisions in any contract by which

Contractor grants a right or privilege to any person, firm or corporation to render accommodations and/or services to the public on or from the Premises.

8. Contractor agrees that it will undertake an affirmative action plan in conformance with 14

CFR Part 152, Subpart E, to insure that no person shall on the grounds of race, creed, color, national origin or sex be excluded from participating in any employment, contracting or leasing activities covered in 14 CFR Part 152, Subpart E. Contractor assures that no person will be excluded on such grounds from participating in or receiving the services or benefits of any program or activity covered by Subpart E. Contractor further agrees that it will require its covered subcontractors to provide assurances to Contractor that they similarly will undertake affirmative action programs and that they will require like assurances from their subcontractors, as required by 14 CFR Part 152, Subpart E.

If Contractor employs 15 or more persons, Contractor shall annually submit to the City of

Phoenix the reports required by paragraph (c) of 14 C.F.R. § 152.415, on the same basis as stated in paragraph (c) of 14 C.F.R. § 152.415, and Contractor shall require each subcontractor, with 15 or more employees, to annually submit the reports required by paragraph (c) of 14 C.F.R. § 152.415 through Contractor to the City of Phoenix, for transmittal by the City of Phoenix to the FAA.

If Contractor employs less than 15 employees, Contractor shall submit to City of Phoenix

for transmittal to the FAA an aggregate employment report on an EEO-1 or any superseding EEOC form.

9. City of Phoenix reserves the right to further develop, improve, repair and alter the Airport

and all roadways, parking areas, terminal facilities, landing areas and taxiways as it may reasonably see fit, free from any and all liability to Contractor for loss of business or damages of any nature whatsoever to Contractor occasioned during the making of such improvements, repairs, alterations and additions.




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10. The City of Phoenix reserves the right, but is in no way obligated to Contractor, to maintain and keep in repair the landing area of the Airport and all publicly owned facilities of the Airport, together with the right to direct and control all activities of Contractor in this regard.

11. Contractor acknowledges that this Contract is subordinate to any existing or future

agreement between the City of Phoenix and the United States concerning the development, operation or maintenance of the Airport. In the event that FAA or its successors require modifications or changes in the Contract as a condition to the obtaining of funds for improvements at the Airport or as a requirement of any prior grants, Contractor hereby consents to any and all such modifications and changes as may be reasonably required and agrees that it will adopt any such modifications or changes as part of this Contract.

12. The Contract is subordinate to the reserved right of the City of Phoenix, its successors

and assigns, to occupy and use for the benefit of the public the airspace above the Premises for the right of flight for the passage of aircraft. This public right of flight shall include the right to cause in said airspace any noise inherent in the operation of any aircraft through said airspace or in landing at or taking off from, or operation on an Airport.

13. Contractor agrees to comply with the notification and review requirements as required by

Title 14 of the Code of Federal Regulations, 14 CFR Part 77- Objects Affecting Navigable Airspace, in the event future construction of a structure is planned for the Premises, or in the event of a planned modification of a structure on the Premises. Contractor shall submit the required FAA Form 7460-1— Notice of Proposed Construction or Alteration—and provide documentation showing compliance with the federal requirements. Once the FAA has completed the aeronautical study, Contractor shall provide to the City of Phoenix the FAA determination letter on proposed construction and any impact to air navigation. Contractor covenants for itself, its successors and assigns that it will not erect or permit the erection of any structure or permit the growth of any tree, on the Premises above the mean sea level elevation for: (1) Phoenix Sky Harbor International Airport, 1,133 feet; (2) Phoenix Goodyear Airport, 968 feet; (3) Phoenix Deer Valley Airport, 1,476 feet. As a remedy for the breach of said covenant the City of Phoenix reserves the right to enter upon the Premises and remove the offending structure or cut the offending tree, all at the expense of Contractor.

14. Contractor, by accepting this Contract, covenants for itself, its successors and assigns

that no use will be made of the Premises that might in any manner interfere with the landing and taking off of aircraft from the Airport, or otherwise constitute a hazard to air navigation. As a remedy for the breach of said covenant the City of Phoenix reserves the right to enter upon the Premises and cause the abatement of such interference, all at the expense of Contractor.

15. Contractor acknowledges that nothing contained in this Contract shall be construed to

grant or authorize the granting of an exclusive right within the meaning of 49 U.S.C. §40103(e).

16. This Contract and all the provisions hereof are subordinate to whatever rights the United

States now has or in the future may acquire affecting the control, operation, regulation and taking-over of the Airport, or the exclusive or non-exclusive use of the Airport by the United States during a time of war or national emergency.




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17. If the Contract involves construction, the Contractor shall carry out the project in accordance with FAA airport design, construction and equipment standards and specifications current on the date of project approval.

18. Contractor is encouraged to use fuel and energy conservation practices.

C. City of Phoenix Equal Employment Opportunity Requirement

If Contractor is by this Contract a supplier to, or lessee of, the City, then the requirements of the Phoenix City Code, Chapter 18, Article V applies, including the agreement that: "Any supplier/lessee in performing under this contract shall not discriminate against any worker, employee or applicant, or any member of the public, because of race, color, religion, sex, national origin, age, or disability nor otherwise commit an unfair employment practice. The supplier and/or lessee will ensure that applicants are employed, and employees are dealt with during employment without regard to their race, color, religion, sex, national origin, age, or disability. Such action shall include but not be limited to the following: Employment, promotion, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training; including apprenticeship. The supplier further agrees that this clause will be incorporated in all subcontracts with all labor organizations furnishing skilled, unskilled and union labor, or who may perform any such labor or services in connection with this contract. Supplier/lessee further agrees that this clause will be incorporated in all subcontracts, job-consultant agreements or subleases of this agreement entered into by supplier/lessee."

D. Immigration Reform and Control Act of 1986 (IRCA)

Contractor understands and acknowledges the applicability of the IRCA to it. Contractor agrees to comply with the provisions of IRCA as it applies to its activities under this Contract and to permit the City of Phoenix to inspect its personnel records to verify such compliance.

E. Conflict of Interest

Contractor acknowledges that the terms and conditions of Arizona Revised Statutes §38-511 are incorporated into this Contract. F. Disadvantaged Business Enterprise Requirements

1. To the extent that this Contract is covered by 49 CFR Part 26, Contractor agrees that this Contract is subject to the requirements of the U.S. Department of Transportation Regulations at 49 CFR Part 26. The Contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The Contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT assisted contracts. Failure by the Contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate.

Contractor agrees to include the foregoing statement in any subsequent Contract that it enters and cause those businesses to similarly include said statement in further agreements.




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2. To the extent that the Contract is a concession agreement covered by 49 CFR Part 23, the concessionaire or contractor agrees that it will not discriminate against any business owner because of the owner's race, color, national origin, or sex in connection with the award or performance of any concession agreement, management contract, or subcontract, purchase or lease agreement, or other agreement covered by 49 CFR Part 23.

The concessionaire or contractor agrees to include the above statements in any

subsequent concession agreement or contract covered by 49 CFR Part 23, that it enters and cause those businesses to similarly include the statements in further agreements.

910999v1 Rev. 5/16/11