REQUEST FOR PROPOSAL (“RFP”) (Professional Services ... · RFP # NSD-REMA-01 . Requested Service: Real Estate Market Analysis Proposal Due Date and Time: Friday, August 8, 2016

REQUEST FOR PROPOSAL (“RFP”) (Professional Services)

Neighborhood Services Department, Neighborhood Revitalization Division

RFP # NSD-REMA-01

Requested Service: Real Estate Market Analysis

Proposal Due Date and Time: Friday, August 8, 2016 1:00 p.m. (local Phoenix time)

Proposal Submittal Location: Phoenix City Hall Neighborhood Services Department 200 West Washington Street, 4th Floor Phoenix, AZ 85003

Pre-proposal Conference (optional) Date: Wednesday, July 20, 2016 Time: 2 p.m. (local Phoenix time) Location: Phoenix City Hall

200 West Washington Street 1st Floor Assembly Rooms Phoenix, AZ 85003

CONTRACT REPRESENTATIVE Jesse Garcia Housing Development Manager [email protected] Phone (602) 261-8697

Real Estate Market Analysis NSD-REMA-01

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TABLE OF CONTENTS

I. INTRODUCTION....................................................................................................... 4 A. OVERVIEW .............................................................................................................. 4 B. PROPOSER INQUIRIES ......................................................................................... 5 C. CHANGES TO THE RFP ......................................................................................... 6 D. DEFINITIONS OF KEY WORDS ............................................................................. 6 E. FAMILIARIZATION WITH RFP ............................................................................... 7 F. SCHEDULE OF EVENTS ....................................................................................... 7 G. PRE-POSAL CONFERENCE ................................................................................. 8

II. SCOPE OF WORK (SOW) ....................................................................................... 8 A. REAL ESTATE MARKET ANALYSIS PARAMETERS ........................................... 8 B. ELEMENTS TO BE INCLUDED IN THE FINAL REPORT ....................................... 9

III. PROPOSER INSTRUCTIONS ................................................................................ 13

A. INTRODUCTION .................................................................................................. 13 B. AMENDMENT OF RFP…………………………………………………………………. 13

C. PREPARATION OF PROPOSAL ……………………………………………………... 13 D. PROPOSAL FORMAT AND CONTENT REQUIREMENTS………………………… 14 E. SUBMISSION OF PROPOSAL ……………………………………………………….. 16 F. LATE PROPOSALS…………………………………………………………………….. 17

G. NON-RESPONSIVE PROPOSALS…………………………………………………… 17 H. RESPONSIVE PROPOSALS ………………………………………………………….. 18 I. COMPLIANCE WITH EQUAL EMPLOYMENT OPPORTUNITY ……………….… 18 J. OFFER AND ACCEPTANCE PERIOD……………………………………………….. 19 K. DISCUSSIONS………………………………………………………………………...... 19 L. WITHDRAWL OF OFFER……………………………………………………………….19 M. PROPOSAL RESULTS…………………………………………………………………19 N. CITY'S RIGHT TO DISQUALIFY FOR CONFLICT OF INTEREST…………..……19 O. AWARD………………………………………………………………………………….. 20 P. EMPLOYEE IDENTIFICATION……………………………………………………….. 20

IV. EVALUATION ....................................................................................................... 20 A. EVALUATION CRITERIA...................................................................................... 21 B. EVALUATION PANEL .......................................................................................... 21

V. STANDARD INSTRUCTIONS ................................................................................ 21

A. TRANSPARENCY POLICY................................................................................... 21 B. PUBLIC RECORD ................................................................................................. 22 C. CONFIDENTIAL INFORMATION .......................................................................... 22


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D. NEGOTIATIONS ................................................................................................... 22 E. COMMUNITY INVOLVEMENT .............................................................................. 23 F. CITY’S RESERVATION OF RIGHTS .................................................................... 23 G. PROPOSER CERTIFICATION ………………………………………………………... 23 H. PROTEST PROCESS .......................................................................................... 24

EXHIBIT A – RDA & NIA TARGET AREAS MAP ............................................................ 25

EXHIBIT B – RFP AFFIDAVIT AND QUESTIONNAIRE .................................................. 26

EXHIBIT C – INSURANCE AND INDEMNIFICATION ...................................................... 30

EXHIBIT D – SPECIAL TERMS AND CONDITIONS ....................................................... 34

EXHIBIT E – STANDARD TERMS AND CONDITIONS ................................................... 38


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I. INTRODUCTION The City of Phoenix (“City”) Neighborhood Services Department (NSD) and Housing Department (HOU), invites sealed proposals from consultants and research firms experienced and qualified in housing and commercial data collection and analysis to conduct a comprehensive real estate market analysis of strategic City Redevelopment Areas (RDAs) and Neighborhood Initiative Areas (NIA) for a two year period commencing on or about January 1, 2017 in accordance with the specifications and provisions contained herein. A. OVERVIEW Project objectives include: 1. Produce a target market analysis that identifies the market potential of new affordable and market rate housing and commercial developments. 2. Provide data-based recommendations on the types of housing and commercial development that would be strategic and successful for each target area that build off the City’s planning and development efforts that have already occurred that City and community partners can realistically implement. 3. Provide market analysis and evaluation of development costs for new construction of residential and/or commercial projects in the areas subject to this RFP. The intent is to identify key factors and opportunities to control and manage costs for future RFP development decision making purposes. 4. Stress test current market rates and development costs against what is realistically necessary to develop the City-owned properties. Provide recommendations on the product type and pricing of homes in the areas subject to this RFP, including alternative uses, such as mixed use. 5. Identify opportunities for public/private collaborative ventures leading to focused community investment and sustainable development. This RFP solicitation represents an opportunity for a comprehensive real estate market analysis in areas where the City has a high concentration of City-owned vacant land in the designated RDAs and NIAs. The locations and boundaries of the RDAs and NIAs are as follows: Garfield Redevelopment Area The redevelopment area extends east from 7th Street to 16th Street and south from the I-10 Papago Freeway to Van Buren Street. HOPE VI Special Redevelopment Area The redevelopment area is bounded by 7th Avenue and 15th Avenue, including variable properties on the west side to 17th Avenue, from Pima Street north to Grant Street, including lots on the south side of Pima Street.


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Isaac Redevelopment Area The redevelopment area boundaries are generally described as Palm Lane on the north, McDowell Road and the I-10 Freeway on the south, 32nd and 33rd Avenues on the east, and 35th Avenue on the west. Target Area B Redevelopment Area The redevelopment area boundaries are variable parcels north of Broadway Road to Elwood Street, Southern Avenue to the south, 7th Avenue to the west, and 24th Street to the east. Village Center Neighborhood Initiative Area The boundaries are generally described as Dunlap Avenue to the north, Central Avenue to the west, south along the AC/DC canal, and 7th street to the east. The City’s RDAs and NIAs subject to this RFP are visually depicted on Exhibit A – RDA & NIA Target Areas map. This map can be found online at https://www.phoenix.gov/nsd/programs/map-gallery. By seeking Proposals for comprehensive real estate market analysis in the designated City RDAs and NIAs, the City seeks to further implement its redevelopment plan, enhance its revitalization efforts and maximize public investment that have been made over the past two decades. This RFP is also intended to reduce the time necessary to bring forward realistic, buildable, and appropriate urban and mixed-use developments and redevelopments by the private or non-profit sectors. This RFP will streamline the request for and evaluation of future RFPs for the redevelopment of City-owned properties. The Scope of Work is set forth in detail in Section II of this RFP. B. PROPOSER INQUIRIES Interested Proposers may download the complete solicitation and addenda from phoenix.gov/solicitations. Internet access is available at all public libraries. Any interested Proposers without Internet access may obtain this solicitation by calling (602) 534-4444 or picking up a copy during regular business hours at Phoenix City Hall, Neighborhood Services Department, 200 W. Washington Street, 4th Floor, Phoenix AZ 85003. All questions about this RFP must be submitted in writing no later than July 27, 2016, through email to [email protected]. All written questions will be responded to in writing and posted at phoenix.gov/solicitations within three business days. This solicitation is available in large print, Braille, audio tape, or computer diskette. Please call (602) 262-5054/Fax (602) 534-2311 or TTY (602) 534-5500 for assistance.

https://www.phoenix.gov/nsd/programs/map-gallery

https://www.phoenix.gov/solicitations

mailto:mail



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C. CHANGES TO THE RFP Changes to this RFP will be in writing as an addendum and posted at phoenix.gov/solicitations. The City shall not be responsible for any oral instructions given by any City employee or official regarding RFP instructions, specifications, or documents. Proposers are responsible for obtaining any and all information posted on the website. The City takes no responsibility for informing recipients of changes to the original solicitation document. It is the Proposer’s responsibility to obtain a copy of any amendment relevant to this solicitation. Failure to submit amendments with the solicitation response may be grounds for deeming a submittal non-responsive. D. DEFINITIONS OF KEY WORDS Addendum/Addenda: Document issued to amend portions of this RFP, to provide additional information or clarifications, or to respond to Proposer inquiries. Authorized Representative: The individual representing the Proposer who has the authority to contractually bind the Proposer, and who will serve as the single point of contact during the period of the RFP. Contracting Entity: The successful Proposer’s legal entity that will enter into contracts with the City to develop the project under the terms outlined in the Letter of Intent. Days: Calendar days May: Something that is not mandatory but permissible. Neighborhood Initiative Area (NIA): A concentrated and comprehensive focus of resources to address social, economic and physical needs and revitalize targeted neighborhoods. Components of this program includes code enforcement, blight abatement, housing rehabilitation and development, neighborhood economic development, Graffiti Busters, neighborhood capacity building and training, and coordination with programs of various city departments and private agencies. Project: The comprehensive real estate market analysis of designated City RDAs and NIAs. Proposal: The formal written submittal from an entity responding to this RFP. The Proposal contains the responses required pursuant to this RFP. Proposer: The consultant or research firm, including key individuals and companies responsible for completing the project as outlined in the Proposal.



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Redevelopment Area (RDA): A designated area in which one or more public actions are undertaken to stimulate activity when the private market is not providing sufficient capital and economic activity to achieve the desired level of improvement. This public action usually involves one or more measures such as direct public investment, capital improvements, enhanced public services, technical assistance, promotion, tax benefits, and other stimuli including planning initiatives such as rezoning. Shall, Will, Must: Something that is a mandatory requirement. Failure to meet these mandatory requirements may result in the rejection of Proposal as non-responsive. Should: Something that is recommended but not mandatory. If the Proposer fails to provide recommended information, the City may, at its sole option, ask the Proposer to provide the information or evaluate the offer without the information. E. FAMILIARIZATION WITH RFP Proposers are responsible for examining the entire RFP and any applicable addenda, seeking clarification of any requirement that may not be clear, and checking all responses for accuracy before submitting a Proposal. Negligence in preparing a Proposal confers no right of withdrawal. The Proposer is responsible for fully understanding the requirements of the RFP and any applicable addenda. F. SCHEDULE OF EVENTS

Proposal Issue Date July 8th, 2016

Pre-Submission Conference (Optional) July 20th, 2016 at 2 p.m. Phoenix City Hall, 1st Floor Assembly Rooms

Proposer Written Inquiries Due July 27th, 2016

Proposal Due Date August 8th, 2016 by 1:00 p.m. (Local Time)

Finalist Interviews (If required) August 23rd, 2016 (estimated)

Evaluation Panel Recommendation August 25th, 2016 (estimated)

Protest Process Period September 7 – 21, 2016 (estimated)

Neighborhoods, Housing, Development Sub-Committee Meeting October 18, 2016 (estimated)

City Council Approval November 9th, 2016 (estimated) Note: Estimated dates above reflect target dates to that action and are subject to change.


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Proposal Submittal Location: Phoenix City Hall Neighborhood Services Department 200 West Washington Street, 4th Floor Phoenix, AZ 85003 Pre-Submission Conference: Phoenix City Hall 200 West Washington Street 1st Floor Assembly Rooms Phoenix, AZ 85003 Finalist Interviews (if required): Phoenix City Hall 200 West Washington Street 1st Floor Assembly Rooms Phoenix, AZ 85003 City reserves the right to change dates and/or locations as necessary. G. PRE-PROPOSAL CONFERENCE If scheduled, the date and time of a Pre-Proposal Conference is indicated on the cover page of this document. Attendance is encouraged even if the Pre-Proposal Conference is designated as optional. Written minutes and/or notes will not be available. The purpose of this conference will be to clarify the contents of this RFP in order to prevent any misunderstanding of the City’s position. Any doubt as to the requirements of this RFP or any apparent omission or discrepancy should be presented to the City at this conference. The City will then determine the appropriate action necessary, if any, and may issue a written amendment to the RFP. II. SCOPE OF WORK (SOW) A. REAL ESTATE MARKET ANALYSIS PARAMETERS This section lists specific real estate market analysis criteria that must be addressed in the final Project. Proposers should review all referenced documents in their entirety. It is the City’s desire that the successful, qualified, Proposer(s) will provide a comprehensive real estate market analysis to forecast housing and commercial demands and a cost to perform the real estate market analysis for each of the strategic City RDAs and NIAs. 1. The City seeks the services of one or more qualified, experienced Proposer(s) with expertise in forecasting housing and commercial demands to perform a real estate market analysis for the target areas subject to this RFP. The successful Proposer(s) may present their findings before citizen advisory groups and/or neighborhood associations attended by various target area stakeholders.


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2. The estimated timeframe of the project is five (5) months from execution of the contract. The scheduling of presentations before various target area stakeholders and interested parties will be coordinated through the assistance of City staff. 3. The Proposer’s role in this real estate market analysis is expected to include the following general tasks: facilitation through the process; responsibility for management and supervision of consultants/sub-consultants; monitoring of the project budget; responsibility for contacting other agencies; facilitating stakeholder discussions and feedback; conduct a comprehensive review of the existing redevelopment plans and related resource documents; engage in data collection and analysis; create a summary of findings; develop recommendations; and propose future implementation strategies. 4. The City also requires periodic project management meetings, held once a month at the City offices. Additional meetings, email communications, and telephone conversations with City staff and the Proposer(s) may be required during the course of developing the Project documents. 5. During the Project, City staff will provide the Proposer(s) background information and copies of City reports, plans and data relevant to this RFP. City staff will coordinate the internal review process upon delivery of draft and final documents by the Proposer(s). 6. NSD staff will be the liaison between the chosen Proposer(s) and other participants in this process. 7. Based on timeline, experience, and capacity the City may elect to select and enter into contracts with one or more Proposers to complete the comprehensive real estate market analysis in each of the individual RDAs and NIAs. B. ELEMENTS TO BE INCLUDED IN THE FINAL REPORTS 1. Executive Summary: Provide a general overview of the study’s approach, strategies, and recommendations. 2. Housing and Commercial Profile: Provide a comparative overview of current socioeconomic and physical characteristics in tabular and GIS forms by census tract and zip codes for the City and each of the strategic City RDAs and NIAs. 3. Population and Households: Provide information on population density, mobility patterns (intra-urban, immigration and emigration), household demographic characteristics (i.e. age levels, type of households – two parent with children, female and male head of households, race/ethnicity), and socioeconomic aspects (educational levels, employment status, housing tenure, household income by income range, housing demand by income range, and median and mean household/family income and poverty). 4. Economic Conditions: Provide data on industrial composition, primary employers, resident employment, fastest growing occupations and pay rates; employment status by industry sector, income levels and percentage of people earning at or above the minimum wage; employment base, percentage continuously employed during the previous year and unemployment rates. 5. Housing and Commercial Stock: Include a longitudinal analysis that encompasses past performance and provides general characteristics of the area’s stock. Analyze current housing and commercial characteristics or lack thereof such as housing


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types (single family, duplex, multifamily, etc.), dwelling type (one-bedroom, two-bedroom, three-bedroom, multifamily, etc.) and conditions. 6. Housing and Commercial Market: a. Rental Supply and Demand – Provide an analysis on general characteristics, such as rental housing and commercial supply and demand, area absorption rates (occupancy and vacancy rates), under construction inventory, demolitions and vacant land, demolitions and redevelopment, median housing and commercial rents, number of rental housing and commercial permits; number of affordable units compared to market-rate and growth trends. b. Sale Supply and Demand – Provide an analysis on general characteristics such as current sales, housing supply and demand, area absorption rates (occupancy and vacancy rates), amount of redevelopment/new construction in the area, housing trends, vacant land and commercial values; sales activity by property type and value, number of housing permits, growth trends and demand. c. Market Conditions – Provide an analysis on regulatory issues (permitting and zoning), tax base, unit density, foreclosures and mortgage resets; current supply of undeveloped land; number of demolitions, rehabilitation, and condo conversions; property maintenance and development replacement costs. 7. Trend/Gap Analysis: Provide an analysis on demographic growth projections and absorption rates in each of the strategic City RDAs and NIAs and its submarkets. Review projections in terms of annual population growth and demand for housing and commercial needs, tenure or land use pattern, tax base development, development cost / fees, development subsidy, density, affordable housing, and assessed value per square foot. Include land and construction cost increases over the past ten years with future projects and actual cost per unit by housing and commercial type. 8. Assumption and Data Sources: Provide an explanation of study’s methodology and data sources. OTHER CONSIDERATIONS: A. In Person Interviews. It is required that the Proposer(s) work with City staff to conduct interviews with local development and real estate professionals and community stakeholders to better understand the nuances of the strategic City RDAs and NIAs and its submarkets.

CONDITIONS FOR THE FINAL REPORTS:

A. Data collection and analysis must be provided in written and electronic format (USB flash drive) to create an on-going record of housing and commercial market trends for low to moderate income residents. B. Document sources of data obtained from local, regional, state, and national resources.


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C. The Proposers are encouraged to present and link the data as much as possible to the physical environment of the City through the use of Geographic Information Systems (GIS) data. 9. Background

a. City of Phoenix Phoenix encompasses more than 517 square miles and has a population of over 1.4 million, ranking it the sixth largest city in the country. Phoenix is a premier destination with more than 300 sun-filled days a year and an average temperature of 74.2 degrees; the risk of natural disasters such as earthquakes, hurricanes, tsunamis, and tornados are extremely low. Despite its overall success as the real estate market recovers from the housing crisis and economic recession, the housing and commercial markets in the City strategic RDAs and NIAs has been in a state of transition. Specifically, the number of available affordable housing units and commercial revitalization projects has been either flat or decreased. Recently, the City has seen an increased interest of its City-owned properties from both for profit and non-profit organizations. The City is also experiencing an overall increase in the median residential sale price, currently at $245,000, which continues to be on an upward trend. There is a limited number of accessible or affordably priced homes. These trends affect low to moderate income households, particularly those at 120 percent area median income, making it a challenge to find affordable housing and homeownership opportunities within Phoenix city limits. b. City RDAs and NIAs The comprehensive real estate market analysis will collect data for the continued review and study of real estate trends to assist both the Neighborhood Services and Housing Departments with planning efforts to determine the highest value and best use for City-owned properties located primarily within, but not limited to, the following target areas in the tables below. Each table indicates the number of City-owned properties found in the subject areas, the breakdown between the number of residential and commercial sites, and, for convenience, a hyperlink to the subject Redevelopment Area plan.

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK


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Garfield Redevelopment Area / NIA

# Residential # Commercial Total # Parcels Associated Plan

28 2 30 Garfield RDA Plan

HOPE VI Special Redevelopment Area


34 4 38 HOPE VI Special RDA Plan

Isaac Redevelopment Area


32 8 40 Isaac RDA Plan

Target Area B Redevelopment Area


14 31 45 Target Area B RDA Plan

Village Center NIA


17 0 17 Target Area F RDA Plan


https://www.phoenix.gov/pddsite/Documents/pdd_pz_pdf_00054.pdf









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III. PROPOSER INSTRUCTIONS A. INTRODUCTION

A response to this solicitation is an offer to contract with the City based upon the terms, conditions, and specifications contained in the City’s RFP. Such a proposal does not become a contract until it is executed by the Department Director. A contract has its inception in the award, eliminating a formal signing of a separate contract. B. AMENDMENT OF RFP

The Proposer shall acknowledge receipt of a RFP amendment by signing and returning the document by the specified due date and time. It is the Proposer’s responsibility to obtain a copy of any amendment relevant to this solicitation. Failure to submit amendments with the solicitation response may be grounds for deeming a submittal non-responsive. C. PREPARATION OF PROPOSAL

1. All proposals shall be on the forms and in the format set forth the Request for Proposal package. It is permissible to copy these forms as required. Facsimiles or electronic mail proposals shall not be considered. 2. The Offer and Acceptance form, the Price Page and any solicitation amendments must be signed and returned with the proposal. 3. The Offer and Acceptance page shall be signed by a person authorized to submit an Offer. An authorized signature on the Offer and Acceptance page, Proposal Amendment(s), or cover letter accompanying the proposal documents shall constitute an irrevocable offer to provide the service specified herein. 4. Erasures, interlineations, or other modifications of your proposal shall be initialed in original ink by the authorized person signing the proposal. 5. In case of error in the extension of price in the proposal, unit price shall govern when applicable. 6. Periods of time, stated as a number of days, shall be in calendar days. 7. The City shall not reimburse the cost of developing, presenting, submitting or providing any response to this solicitation. All materials and proposals submitted in response to this solicitation become the property of the City and will not be returned.


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D. PROPOSAL FORMAT AND CONTENT REQUIREMENTS The written proposal shall be signed by an individual authorized to bind the Proposer. The Proposal shall 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. All fees quoted shall be firm and fixed for the full contract period. 1. Format Proposals are limited to no more than 25 double-sided pages, including illustrations, images, and other documents. Proposals shall be: • Typewritten and submitted in an 8½ x 11 inch loose leaf three-ring binder • Organized and tabbed by section as described in the “Content Requirements” section below 2. Content Requirements Each Proposal must be compiled and tabbed as described below. Tab 1 – RFP Questionnaire and Affidavit (Exhibit B) The Questionnaire and Affidavit to be completed in its entirety, signed, and notarized. Tab 2 – Contracting Entity Describe the Contracting Entity that would contract with the City. The Contracting Entity must be organized and in good standing under the laws of the State of Arizona prior to entering into contracts with the City. Tab 3 – Executive Summary (no more than two pages) Provide a concise summary and narrative of the overall Proposal. Tab 4 – Firm Capacity Detail and describe the proposing consultant or research firm and demonstrate a track record of successfully researching, analyzing, reporting, and managing comparable projects, locally and/or nationally. • Clearly identify the key individuals, companies, and organizational structure of Proposer.


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• Identify one individual who will direct and coordinate the real estate market analysis effort and who will serve as a single point of contact for the proposing team. State the time commitment key staff will need to complete the project. Indicate if they have the representation and decision making and/or signing authority to execute a contract. • Provide up to two page résumés for each lead staff and clearly identify roles and responsibilities of all Proposal team members and any consultants associated with the project. Résumé should highlight the individual's experience in the same capacity as they would serve on the proposed project. • Disclose any Conflicts of Interest (or appearance thereof) that any members of the Proposer’s team or their employees (Proposer, financing, project manager, real estate marketing agent) have with any City of Phoenix employee, officer, agent, consultant, elected official, or appointed official or their immediate family members (parents, children, siblings, domestic partners). Tab 5 – Method of Approach Describe the project process and methodology of collecting and analyzing the data, what data may be lacking, any difficulties with data collection or analysis, credibility of data and/or conclusions, analytical limitations, and any other factors significant to the assignment and conclusions. Tab 6 – Knowledge and Experience Provide descriptions of successful projects completed by the Proposer/team that are similar to the proposed project. Describe the scope of work and location. Provide three references the City may contact for evidence of the research capability and experience of the Proposer’s team. Provide at least one sample of a market analysis report completed by the Proposer’s team. Tab 7 – Cost of Service 1. Provide detailed cost to perform the RFP SOW for all City RDA and NIA subject to this RFP. 2. Provide detailed cost to perform the RFP SOW for each City RDA and NIA subject to this RFP. City acknowledges that the cost of a real estate market analysis for one subject area may not be the same as another. 3. Provide detailed cost to perform annual updates on the initial real estate market analysis for each City RDA and NIA subject to this RFP. Updates may include requests for existing market conditions with a focus on gap analysis and costs to develop the City-owned properties.


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4. Provide a detailed hourly rate by Proposer to perform additional real estate research and market analysis of other RDAs and/or NIAs or other areas as requested. 5. The pricing stated herein must be a firm fee. Unless otherwise and specifically provided, the price is all-inclusive and must include all necessary costs including, but not limited to, materials, labor, travel, copying costs, incidentals, equipment, space, taxes, profit, insurance and any other items necessary to effectively conduct and complete the SOW. Tab 8 – Timeline Provide a comprehensive schedule with major milestones that addresses all requirements of this RFP. Proposers should commit to a reasonable project time frame. E. SUBMISSION OF PROPOSAL Proposals must be in the actual possession of the City at the designated location, 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’s clock at the location designated for delivery of the proposal. Proposals must be submitted in a sealed envelope and the following information should be noted on the outside of the envelope: Proposer’s Name Proposer’s Address (as shown on the Certification Page) RFP Number: NSD-REMA-01 RFP Title: Real Estate Market Analysis Proposal Opening Date

All proposals must be completed in ink or typewritten. Proposers must submit: • One original, signed and notarized Proposal • Seven color copies of the Proposal • One electronic copy of the Proposal in PDF format (USB flash drive) Proposals are accepted on or before 1 p.m. (local Phoenix time) on August 8, 2016 at the City of Phoenix Neighborhood Services Department located at 200 West Washington Street, 4th Floor, Phoenix, AZ 85003. Proposals submitted by mail, fax or email as well as Proposals submitted after the Proposal deadline will not be accepted.



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F. LATE PROPOSALS

Late proposals shall be rejected regardless of the reason, including mail delivery problems beyond Proposer’s control. Proposers mailing their responses should allow sufficient time to insure delivery by the date and time specified. G. NON-RESPONSIVE PROPOSALS Proposals deemed non-responsive will not be evaluated or considered for award.

1. The following proposals will not be evaluated:

Proposals submitted unsigned. Proposals that do not conform to the minimum specifications stated in the scope of work. Proposals submitted without complete pricing. Proposals that contain altered or conditional cost information. Proposals submitted by a Proposer who does not have valid certifications and/or licenses required by state, federal or local law or regulations to perform the service requested at the time of the submittal. Proposals that fail to contain the required bonds, security assurances or insurance certificates as specified in this RFP. Proposals not received by the designated due date, place and time.

2. Proposals may be deemed non-responsive at any time in the evaluation process if in the sole opinion of the City: Proposer does not meet the minimum required skill, experience or other conditions or terms set forth in this RFP. Proposal does not comply with the submission requirements including any specified page limits. Proposer does not have a past record of sound business integrity and a history of fulfilling contractual obligations. Proposer is not financially stable, solvent, or have cash reserves to meet all financial obligations while waiting reimbursement from the City. (A Proposer who is


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borrowing any or all of the monies necessary to meet initial expenses between the start of the contract period and receipt of the first payment must provide a Letter of Commitment from the Proposer’s creditor). Proposal contains false, inaccurate, or misleading statements that in the opinion of the City, is intended to mislead the City in its evaluation of the Proposal.

H. RESPONSIVE PROPOSALS

Proposals must meet all material requirements of the solicitation. All required elements of a sealed Proposal will be evaluated on a pass/fail basis. The use of scoring or ranking cannot be used to evaluate non-responsive Proposals. Only those Proposals determined to be responsive will be evaluated and scored by members of an evaluation committee in accordance with the criteria set forth in the SOW in this RFP. In addition, the committee MAY request a formal presentation from the highest ranked Proposers before a final recommendation is made. If presentations are requested and presented, the evaluation team will re-convene, review, and re-score the evaluation categories based on the expanded information. In the event interviews are conducted, information provided during the interview process shall be taken into consideration when evaluating the stated criteria. The City shall not reimburse the Proposer for the costs associated with the interview process. The City reserves the right to make such additional investigations as it deems necessary to establish the competence and financial stability of any Proposer submitting a proposal. Experiences with the City and entities that evaluation committee members represent may be taken into consideration when evaluating qualifications and experience. If two or more finalists are tied, the finalist with the lowest cost proposal score will be awarded the contract. Note: In addition to the foregoing information submitted by Proposers, the City shall have the right to consider other verifiable information bearing on financial stability and strength including without limitation, information provided by former employees and/or creditors. I. COMPLIANCE WITH EQUAL EMPLOYMENT OPPORTUNITY

In order to do business with the City, Consultant must comply with Phoenix City Code, 1969, Chapter 18, Article V, as amended, Equal Employment Opportunity Requirements.


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Consultant will direct any questions in regard to these requirements to the Equal Opportunity Department, (602) 262-6790. J. OFFER AND ACCEPTANCE PERIOD

In order to allow for an adequate evaluation, the City requires an offer in response to this solicitation to be valid and irrevocable for 120 days after the Proposal due date and time. K. DISCUSSIONS

The City reserves the right to conduct discussions with Proposers for the purpose of eliminating minor irregularities, informalities, or apparent clerical mistakes in the Proposal in order to clarify an offer and assure full understanding of, and responsiveness to solicitation requirements. If such a discussion is deemed necessary, the only City staff that is authorized to contact the Proposer is the contract representative listed on the front of this proposal. The contract representative shall document any such discussion in the City’s file. L. WITHDRAWAL OF OFFER

At any time prior to the solicitation due date and time, a proposer (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. M. PROPOSAL RESULTS

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 Proposer shall be read. Proposals and other information received in response to the Request for Proposal shall be shown only to authorized City personnel having a legitimate interest in them or persons assisting the City in the evaluation. Proposals are not available for public inspection until after award recommendation has been posted on the City’s website. http://phoenix.gov/finance/business-opportunities/bid-awards-and-recommendations N. CITY’S RIGHT TO DISQUALIFY FOR CONFLICT OF INTEREST

The City reserves the right to disqualify any Proposer 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 Proposer submitting a Proposal herein waives any right to object now or at any future time, before anybody or agency, including but not limited to, the City Council of the City of Phoenix or any court.


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O. AWARD

The Proposer whose proposal receives the highest score will be recommended for the contract award. Award recommendations will be posted at phoenix.gov/solicitations. On the day the City posts the award recommendation, the procurement file for this RFP will be available for Proposers to review. The procurement file constitutes all Proposals, the RFP and all applicable addenda, advertising documents, agendas, meeting minutes, presentations (if any), signed conflict of interest statements by evaluation panel members, and evaluation panel consensus scoring. Notwithstanding any other provision of this solicitation, the City reserves the right to: (1) waive any immaterial defect or informality; or (2) reject any or all Proposals or portions thereof; or (3) reissue a solicitation. A response to this solicitation is an offer to contract with the City based upon the terms, conditions, and specifications contained in the City’s solicitation. Such a Proposal does not become a contract until it is executed by the Department Director. A contract has its inception in the award, eliminating a formal signing of a separate contract. For that reason, all of the terms, conditions and specifications of the procurement contract are contained in the solicitation, unless any of the terms, conditions, or specifications is modified by an addendum or contract amendment. The terms and conditions set forth in this RFP and the selected Proposer’s Offer shall form the entire contract between the City and the Contractor.

P. EMPLOYEE IDENTIFICATION

Proposer agrees to provide an employee identification number or social security number to the City for the purposes of reporting to appropriate taxing authorities, monies paid by the City under the awarded contract. If the federal identifier of the Proposer is a social security number, this number will be shared only with appropriate state and federal officials. This submission is mandatory under 26 U.S.C. § 6041A. IV. EVALUATION NSD staff will review Proposals for responsiveness. This review will focus on submission requirements in order to evaluate the responsiveness of each Proposal. NSD reserves the right to determine the responsiveness of all Proposals received.


http://www.phoenix.gov/solicitations


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A. EVALUATION CRITERIA All eligible, responsive, and responsible Proposals will be evaluated based on the criteria described in Section III.B. The following are the maximum points allocated for each criterion: CRITERIA MAXIMUM POINTS 1. Firm Capacity 150 2. Method of Approach 250 3. Knowledge and Experience 200 4. Cost of Service 250 5. Timeline 150 Total Maximum Points: 1,000

B. EVALUATION PANEL An evaluation panel will be convened to review the Proposals and recommend one or more Proposers to be awarded. The evaluation panel may interview one or more Proposers or it may just review the written Proposal(s). V. STANDARD INSTRUCTIONS A. TRANSPARENCY POLICY Upon the submission of a Proposal and until the date the project is awarded or this RFP is withdrawn, all persons or entities that respond to this RFP, including their employees, agents, representatives, proposed partners, subcontractors , joint ventures, members, or any of their lobbyists and attorneys (collectively for this Section V (A) only, the proposer), 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 this RFP is not discussed, Proposers may continue to conduct business with the City and discuss business that is unrelated to this RFP with City staff who are not involved in the selection process. Proposers may discuss their Proposals or this RFP with the Mayor or one or more members of the Phoenix City Council, provided such meetings are scheduled through the Jesse Garcia, Housing Development Manager, conducted in person at 200 West Washington, Phoenix, Arizona 85003, and are posted as open meetings with the City Clerk at least 24 hours prior to the scheduled meetings. The City Clerk will be responsible for posting the meetings. The posted notice shall identify the participants and the subject matter, as well as invite the public to participate.


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With respect to the selection of the successful Proposer(s), 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 Heads (or representatives) to the Proposal evaluation panel or Procurement Authority must be provided in writing to all prospective Proposers. This policy is intended to create a level playing field for all Proposers, assure that agreements are awarded in public, and protect the integrity of the selection process. PROPOSERS THAT VIOLATE THIS POLICY SHALL BE DISQUALIFIED. B. PUBLIC RECORD All proposals submitted in response to the Request for Proposal shall become the property of the City and shall become a matter of public record available for review pursuant to Arizona state law after the award notification. C. CONFIDENTIAL INFORMATION The City of Phoenix is obligated to abide by all public information laws. If a Proposer believes that a specific section of its proposal is confidential, the Proposer shall isolate the pages marked confidential in a specific and clearly labeled section of its proposal. The Proposer shall include a written basis for considering the marked pages confidential including the specific harm or prejudice if disclosed and the Department will review the material and make a determination. D. NEGOTIATIONS Upon receipt of an evaluation panel’s recommendation, the City may negotiate business terms with the selected Proposer(s). The commencement of negotiations does not commit the City to accept all of the terms of the Proposal and negotiations may be terminated by the City at any time. These negotiations may result in minor or material changes to the Proposal, including both the business terms and the project. Successful negotiations will result in an award recommendation and will be subject to City Council approval. Following required approvals, agreements addressing business terms and performance benchmarks will be entered into between the parties. City staff alone shall be responsible for negotiating business terms with recommended Proposers. The City reserves the right to reject, in whole or in part, any or all Proposals. The terms and conditions of any agreement resulting from this RFP process are subject to approval by the Phoenix City Council.


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E. COMMUNITY INVOLVEMENT The City has included community and neighborhood input in the development of this RFP. Staff may consult with community members and outside experts to assist in the evaluation of the Proposals, including participation on the evaluation panel. All members of the evaluation panel are required to sign an acknowledgement addressing confidentiality, ethics and conflict of interest issues. Proposers are required to seek community input prior to submitting their final reports. Proposers that successfully receive award recommendations shall be expected to seek out additional community input as needed and make reasonable efforts to address, incorporate or respond to community input. Please note: Any and all meetings the Proposers schedule to have with community stakeholders are to be coordinated through the assistance of City staff. F. CITY’S RESERVATION OF RIGHTS The City reserves the right to take any course of action the City deems appropriate at the City's sole and absolute discretion, which may include: 1. Waiving any defects or informalities in any Proposal or proposing procedure. 2. Accepting or rejecting any or all Proposals or any part of any or all proposals. 3. Canceling the RFP in part or in its entirety. 4. Reissuing the RFP with or without modification. 5. Negotiating with any qualified Proposer. 6. Extending the deadline for submission of Proposals. 7. Requesting additional information from any or all Proposers. G. PROPOSER CERTIFICATION By submitting a Proposal, each Proposer certifies: 1. The submission of the offer did not involve collusion or other anti-

competitive practices. 2. Proposer will not discriminate against any employee, or applicant for

employment in violation of Federal or State Law. 3. Proposer 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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4. Proposer is financially stable and solvent and has adequate cash reserves to meet all financial obligations while waiting reimbursement from the City.

H. PROTEST PROCESS A Proposer that submits a Proposal that is disqualified may challenge the disqualification by filing a protest within seven calendar days of the date of the City’s notice of disqualification. Any unsuccessful bidder may file a protest no later than 7 calendar days after Proposer has been notified of the rejection and the recommendation is posted on the website at phoenix.gov/finance/business-opportunities/bid-awards-and-recommendations. Proposers that have had their Proposals disqualified may not protest an award recommendation. All protests must be in writing, filed with the Procurement Authority identified in the RFP and include the following:

• Identification of the RFP challenged; • The name, address and telephone number of the protester; • A detailed statement of the legal and factual grounds of protest including copies of

relevant documents; • The form of relief requested; and • The signature of the protester or its representative.

The NSD Director or the Director’s designee will not review any supplements, applicable addenda’s or additional protests submitted by the same Proposer to the Proposer’s original protest. The NSD Director or the Director’s designee will render a written decision within 14 calendar days after the protest is filed. NSD will not request City Council authorization to award the agreement until the protest process is completed.



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EXHIBIT A – RDA & NIA TARGET AREAS MAP


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EXHIBIT B – RFP AFFIDAVIT AND QUESTIONNAIRE Organization Structure of Entity to Enter into Contracts: 1. What is the name of the Contracting Entity? ____________________________________ _

If this entity has been formed, what is the Arizona Corporation Commission file

number?

If this entity has not been formed, describe the anticipated timing of the creation of such entity: 2. Please check the type of organization: Non-Profit 501(c)(3), if so, what year was it incorporated as a 501(c)3? Other Non-Profit Government Entity Sole Proprietorship Partnership Corporation Other 3. Identify the members, if LLC, partners, if a partnership, or officers, if a corporation, for the Contracting Entity identified above. For the purposes of this RFP, addenda and exhibits, any questions regarding the principals are referring to the offices, partners and members as disclosed. Assurances The undersigned Proposer hereby submits to the City the enclosed Proposal based upon all terms and conditions set forth in the City’s RFP and referenced materials. Proposer further specifically agrees hereby to provide services in the manner set forth in the Proposal submitted. The undersigned Proposer acknowledges and states, under penalty of perjury, as follows:

1. The City is relying on Proposer’s submitted information and the representation that Proposer has the capability to successfully undertake and complete the responsibilities and obligations submitted in its Proposal and in the resulting contract.

2. The City has the right to make any further inquiry it deems appropriate to


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substantiate or supplement information supplied by Proposer.

3. Proposer has read and fully understands all the provisions and conditions set forth in the RFP documents, upon which its Proposal is based.

4. The forms and information requested in the RFP are complete and made part of

the Proposal. The City is not responsible for any Proposer errors or omissions.

5. This Proposal may be withdrawn by requesting such withdrawal in writing at any time prior to the Proposal deadline but may not be withdrawn after such date and time.

6. The City reserves the right to reject all Proposals and to accept the Proposal(s) that,

in its judgment, will provide the best quality results to the City.

7. This Proposal is valid for a minimum of 120 days after the RFP Proposal deadline.

8. All costs incurred by Proposer in connection with this Proposal shall be borne solely by Proposer. Under no circumstances shall the City be responsible for any costs associated with Proposer’s Proposal or the RFP process.

9. Proposer has not in any manner, directly or indirectly, conspired with any person or

party to unfairly compete or compromise the competitive nature of the RFP process.

10. The contents of this Proposal have not been communicated by the undersigned nor by any employee or agent to any other person engaged in this type of business prior to the official opening of this Proposal.

11. To the best of the Proposer’s knowledge, the information provided in its Proposal

is true and correct and neither the undersigned Proposer nor any partner, corporate officer or managing employee have ever been convicted of a felony or a crime involving moral turpitude.

Legal Status

1. In the past 10 years, has the Proposer, or any of its principals or its principal’s affiliates filed a petition in bankruptcy court or had involuntary proceedings filed in bankruptcy court? If "Yes," provide date, case name, case number, venue of the proceeding, and the status of each proceeding. Yes ( ) No ( )


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2. Has the Proposer or any of its principals or its principal's affiliates been declared to be in default under any obligation to or contract with the City? If "Yes," please provide details concerning the nature of the default, including the City contract number. Yes ( ) No ( ) 3. Has the Proposer or any of its principals or its principal’s affiliates currently involved in any litigation or claims against the City? If "Yes," provide details about such proceedings. Yes ( ) No ( ) 4. Has the Proposer or any of its principals or its principal’s affiliate’s contracts been terminated prior to their expiration terms, voluntarily or involuntarily, within the last 10 years? If "Yes," provide name, location, and date of the contract(s). Yes ( ) No ( )

5. Has the Proposer, or any corporation or other entity that has, directly or indirectly, a controlling interest in the Proposer, or any subsidiary of the Proposer or other entity in which the Proposer has a controlling interest or any of the Proposer’s principals, officers, or directors ever been barred from bidding on federal, state, or local government contracts? If "Yes," provide the current status of such suspension or debarment proceedings. Yes ( ) No ( )



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AFFIDAVIT SIGNATURES: Proposer’s Contracting Entity (Legal Name): Proposer’s Authorized Representative:

Printed Name*:

Title:

Business Mailing Address:

Email:

Telephone:

Signature: *Proposal must be signed by an individual authorized to contractually bind the proposer.

STATE OF ARIZONA )

) ss. COUNTY OF MARICOPA )

The foregoing Real Estate Market Analysis Proposal was acknowledged before me, on this _______ day of __________, 2016, by _______________________, the __________________________________, an Arizona corporation, on behalf of the corporation. In witness whereof I herewith set my hand and seal.

Notary Public

My Commission Expires:


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EXHIBIT C - INSURANCE AND INDEMNIFICATION

I. STANDARD PROFESSIONAL SERVICES CONTRACTS A. INDEMNIFICATION CLAUSE:

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. B. 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. C. MINIMUM SCOPE AND LIMITS OF INSURANCE: Contractor shall provide coverage with limits of liability not less than those stated below. An excess liability policy


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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 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 or subcontractor is exempt under A.R.S. 23-901, AND when such contractor or subcontractor executes the appropriate sole proprietor waiver form. 4. Professional Liability (Errors and Omissions Liability)

The policy shall cover professional misconduct or lack of ordinary skill for those positions defined in the Scope of Services of this contract. Each Claim $1,000,000 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.


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D. 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. E. NOTICE OF CANCELLATION: Each insurance policy required by the insurance provisions of this Contract shall provide the required coverage and shall not be suspended, voided or canceled except after thirty (30) days prior written notice has been given to the City, except when cancellation is for non-payment of premium, then ten (10) days prior notice may be given. Such notice shall be sent directly to Aubrey Gonzalez, Acting Deputy Neighborhood Services Director, 200 W. Washington Street, 4th Floor, Phoenix, AZ 85003. F. 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. G. 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 Aubrey Gonzalez, Acting Deputy Neighborhood Services Director, 200 W. Washington Street, 4th Floor, Phoenix, AZ 85003. 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.


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DO NOT SEND CERTIFICATES OF INSURANCE TO THE CITY’S RISK MANAGEMENT DIVISION. H. SUBCONTRACTORS: Contractors’ certificate(s) shall include all subcontractors as additional insureds under its policies or Contractor shall furnish to the City separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to the minimum requirements identified above. I. 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.



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EXHIBIT D - SPECIAL TERMS AND CONDITIONS The submission of a Proposal in response to this RFP constitutes the acknowledgement of the Proposer that any agreement resulting from this RFP initially will be prepared by the City. The submission of a Proposal shall further constitute the agreement of the Proposer that they will not insist on the use of standard contract agreements, documents or forms, and that they waive any demand for the use of their standard agreements. Pursuant to the City Charter, the language of the agreement to be executed will be drafted under the supervision of the City Attorney and shall be the controlling document. Proposer’s offer is subject to the following special terms and conditions. A. METHOD OF INVOICING

Invoices must include the following: 1. City contract agreement number. 2. Description of services. 3. Applicable tax and fees, itemized separately 4. Invoice number and date.

B. INSURANCE REQUIREMENTS Proposer shall procure and maintain City required insurance until all of their obligations have been discharged, including any warranty periods under the future agreements 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 proposer, its agents, representatives, employees or subcontractors. Insurance requirement will be outlined within the agreements that result from the selection of a successful Proposal. SEE EXHIBIT C – INSURANCE AND INDEMNIFICATION. C. SYSTEM FOR AWARD MANAGEMENT (SAM) The system for award management (SAM) is the official U.S. government system that tracks federal contracts, including City of Phoenix CDBG contracts. Selected Proposer(s) of the RFP will be required to register in SAM.gov prior to receiving a city contract. Registration in SAM is not required to submit a request for proposal.

D. COMMUNITY DEVELOPMENT BLOCK GRANT

The Selected consultant agrees to comply with all Community Development Block Grant (“CDBG”) requirements as authorized under the Housing and Community Development Act of 1974, 42 U.S.C. § 5301 et seq., and the requirements applicable to entitlement communities under the CDBG regulations. The selected consultant also agrees to comply


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with all other applicable Federal, state and local laws, rules, regulations, and policies governing the CDBG funds provided under this Agreement. Nothing in this Agreement constitutes an exemption or grant of a variance from applicable codes and laws. E. CITY’S VENDOR SELF-REGISTRATION AND NOTIFICATION Vendors must be registered in the City’s e-Procurement Self-Registration System at https://www.phoenix.gov/financesite/Pages/EProc-help.aspx in order to receive solicitation notices, respond to solicitations and access procurement information. The City may, at its sole discretion, reject any offer from a Proposer who has not registered in the City’s e-Procurement system. F. OPTION TO EXTEND The City may, at their option and with approval of the Proposer, extend the period of this two-year contract up to two (2) additional year(s), in increments of one year. G. PERFORMANCE INTERFERENCE

Proposer shall notify the department contact 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. Department Contact: Jesse Garcia, Housing Development Manager. H. CONTRACTOR'S PERFORMANCE Contractor shall use those efforts which a skilled, competent, experienced, and prudent person or organization would use to perform and complete the requirements of this Contract in a timely and professional manner conforming to the standards and quality generally recognized and accepted within the profession throughout the United States. Contractor shall furnish all necessary labor, tools, equipment, and supplies to perform the required services. The City's authorized representative will decide all questions which may arise as to the quality and acceptability of any work performed under the Contract. If, in the opinion of the City's authorized representative, performance becomes unsatisfactory, the City shall notify the Contractor. The Contractor will have ten (10) days from that time to correct any specific instances of unsatisfactory performance. In the event the unsatisfactory performance is not corrected within the time specified above, the City shall have the immediate right to complete the work to its satisfaction and shall deduct the cost to cover from any balances due or to become due the Contractor. Repeated incidences of unsatisfactory performance may result in cancellation of the Contract for default.

https://www.phoenix.gov/financesite/Pages/EProc-help.aspx


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I. ACCOUNT STAFFING

The Proposer(s) agrees to assign experienced personnel to provide for successful and timely accomplishment of the Scope of Work. The City reserves the right at any time and for any reason during the Contract to reject any Proposer staff from performing services on behalf of the City.

J. TIME IS OF THE ESSENCE

The parties agree that time is of the essence in the performance of the Scope of Work. K. CONTRACTOR AND SUBCONTRACTOR WORKER BACKGROUND

SCREENING

1. CONTRACT WORKER BACKGROUND SCREENING:

Contract Worker Background Screening. Contractor agrees that all contract workers and subcontractors (collectively “Contract Worker(s)”) that Contractor furnishes to the City pursuant to this Agreement 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 Agreement. 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 Agreement or Contractor’s failure to comply with this Section. 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 Agreement. The City may, in its sole discretion, accept or reject any or all of the Contract Workers proposed by Contractor to perform work under this Agreement as well those Contract Workers actually providing services during the term of this Agreement.

2. BACKGROUND SCREENING REQUIREMENTS AND CRITERIA:


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Because of the varied types of services performed, the City has established three levels of risk and associated Background Screening. The risk level and Background Screening required for this Agreement is Minimum Risk. Minimum Risk and Background Screening (“Minimum Risk”). A minimum risk Background Screening shall be performed when the Contract Worker: (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 workers. The Background Screening for minimum risk shall consist of the screening required by Arizona Revised Statutes §§ 41-4401 and following to verify legal Arizona worker status.



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EXHIBIT E - STANDARD TERMS AND CONDITIONS Proposer’s offer is subject to the following standard terms and conditions. A. CONTRACT INTERPRETATION

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. 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.

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. Instructions to Proposers g. Other documents referenced or included in the Request for

Proposal.

4. 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.


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5. 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.

6. PAROL EVIDENCE: This Contract 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 Contract. 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.

B. CONTRACT ADMINISTRATION AND OPERATION 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.

2. CONFIDENTIALITY AND DATA SECURITY: All data, regardless of form, including originals, images and reproductions, prepared by, obtained by, or transmitted to Contractor/Consultant in connection with this Agreement is confidential, proprietary information owned by the City. Except as specifically provided in this Agreement, the Contractor/Consultant 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.


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Personal identifying 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/Consultant 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/Consultant in connection with this Agreement is believed to have been compromised, Contractor/Consultant shall notify the City Privacy Officer immediately. Contractor/Consultant 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/Consultant agrees that the requirements of this Section shall be incorporated into all subcontractor/subconsultant agreements entered into by the Contractor/Consultant. It is further agreed that a violation of this Section shall be deemed to cause irreparable harm that justifies injunctive relief in court. A violation of this Section may result in immediate termination of this Agreement without notice. Contractor/Consultant shall indemnify, defend, save and hold harmless the City and its officers, officials, agents, and employees from and against any and all claims, actions, liabilities, damages, losses, or expenses (including court costs, attorneys’ fees, and cost of claims processing, investigation and litigation) for any loss caused, or alleged to be caused, in whole or in part, by Consultant’s or any of its owners’, officers’, directors’, agents’ or employees’ failure to comply with the requirements of this Section. This indemnity includes any claim arising out of the failure of contractor/consultant to conform to any federal, state or local law, statute, ordinance, rule, regulation or court decree. The obligations of Contractor/Consultant under this Section shall survive the termination of this Agreement.


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

For a Contractor/Consultant with 35 employees or less:

B. Any Contractor/Consultant in performing under this Agreement shall not discriminate against any worker, employee or applicant, or any member of the public, because of race, color, religion, sex, national origin, age, or disability, nor otherwise commit an unfair employment practice. The Contractor/Consultant 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 Consultant 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 Agreement. Contractor/Consultant further agrees that this clause will be incorporated in all subcontracts, job-consultant agreements or subleases of this agreement entered into by supplier/lessee.

For a Contractor/Consultant with more than 35 employees:

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


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organizations furnishing skilled, unskilled and union labor, or who may perform any such labor or services in connection with this Agreement. Contractor/Consultant further agrees that this clause will be incorporated in all subcontracts, job-consultant agreements or subleases of this Agreement entered into by supplier/lessee. The Contractor/Consultant further agrees not to discriminate against any worker, employee or applicant, or any member of the public, because of sexual orientation or gender identity or expression and shall ensure that applicants are employed, and employees are dealt with during employment without regard to their sexual orientation or gender identity or expression. C. Documentation. Contractor/Consultant may be required to provide additional documentation to the Equal Opportunity Department affirming that a nondiscriminatory policy is being utilized. D. Monitoring. The Equal Opportunity Department shall monitor the employment policies and practices of suppliers and lessees subject to this article as deemed necessary. The Equal Opportunity Department is authorized to conduct on-site compliance reviews of selected firms, which may include an audit of personnel and payroll records, if necessary.

4. LICENSES AND PERMITS:

Contractor shall possess at the time of submittal and 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.

5. ADVERTISING: Contractor shall not advertise or publish news releases concerning this Contract without the prior written consent of the Department Director, and the City shall not unreasonably withhold permission.

6. EXCLUSIVE POSSESSION: All research and materials created, developed, compiled or produced pursuant to or as a result of this contract (including but not limited to all reports) will be considered ordered and commissioned by the City as works made for hire under the copyright laws and made in the course of services rendered.


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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.

7. 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. The City shall have the right to inspect operations conducted by the Contractor or Subcontractor in the performance of this contract.

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

9. 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.

10. 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.


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11. LEGAL WORKER REQUIREMENTS: The City is prohibited by A.R.S. § 41-4401 from awarding an agreement 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 Section VIII(C)(11)(a) shall be deemed a material breach of the Agreement and is subject to penalties up to and including termination of the Agreement.

c. The City retains the legal right to inspect the papers of the contractor or subcontractor employee(s) who work(s) on this Agreement to ensure that contractor or subcontractor is complying with the warranty under Section VIII(C)(11)(a).

12. LAWFUL PRESENCE REQUIREMENT:

Pursuant to A.R.S. §§ 1-501 and 1-502, the City of Phoenix is prohibited from awarding a contract to any natural person who cannot establish that such person is lawfully present in the United States. To establish lawful presence, a person must produce qualifying identification and sign a City-provided affidavit affirming that the identification provided is genuine. This requirement will be imposed at the time of contract award. This requirement does not apply to business organizations such as corporations, partnerships or limited liability companies.

C. COSTS AND PAYMENTS

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

2. PAYMENT DEDUCTION OFFSET PROVISION: Contractor acknowledges that the City Charter requires that no payment be made to any Contractor as long as there is an outstanding obligation due to the City. Contractor agrees that any obligation it


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owes to the City will be offset against any payment due to the Contractor from the City.

3. LATE SUBMISSION OF CLAIM 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. NO ADVANCE PAYMENTS: Advance payments are not authorized. Payment will be made only for actual services or commodities that have been received.

5. 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.

6. IRS W9 FORM: In order to receive payment the Contractor shall have a current IRS W-9 form on file with the City of Phoenix. The form can be downloaded at http://www.irs.gov/pub/irs-pdf/fw9.pdf.

D. CONTRACT CHANGES 1. CONTRACT AMENDMENTS:

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

http://www.irs.gov/pub/irs-pdf/fw9.pdf


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2. ASSIGNMENT – DELEGATION: No right or interest in this Contract nor monies due hereunder 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 Department Director, which may be withheld for good cause. Any assignment or delegation made in violation of this Section shall be void.

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.

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) implementation schedule. 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 Department Director prior to the institution of the change.

E. RISK OF LOSS AND LIABILITY 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 Contractor from any obligation hereunder.

2. ACCEPTANCE: All service is subject to final inspection and acceptance by the City. Noncompliance shall conform to the cancellation clause set forth in this document.


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3. INDEMNIFICATION – PATENT, COPYRIGHT AND TRADEMARK: 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 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 Contractor that these covenants are irrevocable and perpetual.

4. FORCE MAJEURE: Except for payment of sums due, neither party shall be liable to the other nor deemed in default under this Contract if and to the extent that such party's performance of this Contract is prevented by reason of force majeure. The term "force majeure" means an occurrence that is beyond the control of the party affected and occurs without its fault or negligence. Force majeure shall not include late performance by a subcontractor unless the delay arises out of a force majeure occurrence in accordance with this force majeure term and condition. If either party is delayed at any time in the progress of the work by force majeure, the delayed party shall notify the other party in writing of such delay, as soon as is practical, of the commencement thereof and shall specify the causes of such delay in such notice. Such notice shall be hand-delivered or mailed certified-return receipt and shall make a specific reference to this 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


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of such delay prevent the delayed party from performing in accordance with this Contract.

5. ORGANIZATION – EMPLOYMENT DISCLAIMER: The Contract 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 Contract. The parties agree that no persons supplied by the Contractor in the performance of Contractor’s obligations under the Contract are considered to be City’s employees and that no rights of City civil service, benefits, 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.

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.

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.

F. WARRANTIES 1. QUALITY:

Contractor expressly warrants that all goods or services furnished under this Contract shall conform to the specifications and appropriate standards.

2. RESPONSIBILITY FOR CORRECTION:


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It is agreed that the Contractor shall be fully responsible for making any correction, replacement, or modification necessary for specification or legal compliance.

3. LIENS: Contractor shall hold the City harmless from claimants supplying labor or materials to the Contractor or its subcontractors in the performance of the work required under this Contract.

4. PROFESSIONAL RESPONSIBILITY: Contractor shall use those efforts which a skilled, competent, experienced, and prudent person or organization would use to perform and complete the requirements of this Contract in a timely manner conforming to the standards and quality generally recognized and accepted within the profession throughout the United States.

G. CITY’S CONTRACTUAL RIGHTS 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.

2. NON-EXCLUSIVE REMEDIES: The rights and remedies of the City under this Contract are non-exclusive.

3. DEFAULT: In case of default by the proposer, 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.


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4. COVENANT AGAINST CONTINGENT FEES: Contractor 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 Contractor 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.

5. COST JUSTIFICATION: In the event only one response is received, the City may require that the proposer 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.

H. CONTRACT TERMINATION

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.

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


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undeliverable goods, will pass to the City after costs are claimed and allowed. The Contractor 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.

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.
