Active SLED Opportunity · ARIZONA · CITY OF TUCSON

    LEGAL SERVICES FOR INDIGENT DEFENDANTS

    Issued by City of Tucson
    cityRFPCity of TucsonSol. 16446
    Open · 140d remaining
    DAYS TO CLOSE
    140
    due Sep 11, 2026
    PUBLISHED
    Mar 14, 2022
    Posting date
    JURISDICTION
    City of
    city
    NAICS CODE
    541110
    AI-classified industry

    AI Summary

    The City of Tucson seeks proposals for legal services to represent indigent defendants in misdemeanor trials, appeals, and related court-appointed legal matters.

    Opportunity details

    Solicitation No.
    16446
    Type / RFx
    RFP
    Status
    open
    Level
    city
    Published Date
    March 14, 2022
    Due Date
    September 11, 2026
    NAICS Code
    541110AI guide
    Jurisdiction
    City of Tucson
    State
    Arizona
    Agency
    City of Tucson

    Description

    The Attorney shall provide legal assistance and representation to those eligible persons as appointed by the Court. Assignments will normally be limited to misdemeanor trial cases and appeals but may as required by the Court, include such matters as probation violation proceedings, material witness representation or other legal matters involving potential loss of liberty and which legally require the appointment of counsel.

    Project Details

    • Reference ID: 222994
    • Department: Business Services
    • Department Head: Jeff Yates (Director)

    Important Dates

    • Pre-Proposal Meeting: 2022-03-22T20:30:00.000Z — Microsoft Teams meeting Join on your computer or mobile app

    Addenda

    • Addendum #1 (released 2022-03-21T18:20:14.270Z) —

      Please use the See What Changed link to view all the changes made by this addendum.

      The following items have been modified:

      C. SCOPE OF WORK

      C.2.II.C- SCOPE OF WORK BY THE ATTORNEY

      C.3.lll.A- ASSIGNMENT, WITHDRAWAL, SUBSTITUTE REPRESENTATION

      C.5.V.A- COMPENSATION AND METHOD OF PAYMENT

      C.5.V.D- COMPENSATION AND METHOD OF PAYMENT

      The following groups have been modified/added:

      F. VENDOR RESPONSE

      F.1. Group 1- English

      F.2. Group 2- Spanish

      F.3. Group 3- Appeals

      F.4. Group 4- Mental Health

    • Addendum #2 (released 2022-04-06T13:36:17.981Z) —

      The following items have been modified:

       

      C.5. V. COMPENSATION AND METHOD OF PAYMENT

      A. Compensation:

      *If the Defendant has more than one docket and the dockets were resolved separately but are now appealing both or more dockets, the first appeal is $900, and each subsequent docket being appealed will be $400.

       

      Mental Health Court Compensation: $750.00 plus Trial Rates.

       

      26. ISRAEL BOYCOTT DIVESTMENT (Spelling of Israel)

      D. Reimbursable Expenses

       

      1.) Disclosure Charged by state

       

      2.) $2.35 per phone call from the jail (documented by office phone bills) up to $30.00, $.10 cents per copy up to $25.00.

       

      3.) Transcriptions: With prior approval of the Court, the Attorney may be reimbursed for the cost of transcriptions at a rate not to exceed $3.75 per page.

       

      4.) Subpoenas: The Court will reimburse the Attorney for one subpoena per witness, per trial date.

       

      F. VENDOR RESPONSE

      F.1. Group 1- English- All cases excluding Mental Health Court (Title Only)

      F.2. Group 2- English- All cases excluding Mental Health Court (Title Only)

      F.3. Group 3- Appeals, Rule 32, and Rule 33's (Title Only)

      F.4. Group 4- Mental Health Court (Title Only)

      F.5. Group 5- Domestic Violence Court

      A. Proposals and Experience

      1. Documentation of membership, Arizona State Bar including entire disciplinary history

      2. Documentation of two (2) years' practice including misdemeanor representation

      3. Proof of Insurance

      4. Resume

       

       

    • Addendum #3 (released 2022-06-14T18:20:04.955Z) —

      The following items have been modified:

      3. SCOPE OF WORK

      5. V. COMPENSATION AND METHOD OF PAYMENT

       

      A. For non-trial dispositions the standard rate set forth below will be increased by $100 for each additional case with same defendant.

       

      D. Reimbursable Expenses

      1.) Disclosure Charged by state

      2.) $2.35 per phone call from the jail (documented by office phone bills) up to $30.00, $.10 cents per copy up to $25.00.

      3.) Transcriptions: With prior approval of the Court, the Attorney may be reimbursed for the cost of transcriptions at a rate not to exceed $3.75 per page.

      4.) Subpoenas: The Court will reimburse the Attorney for one subpoena per witness, per trial date.

       

      Reimbursable expenses are categorized as extraordinary expenses and ordinary expenses as described below;

      Extraordinary Expenses: In the event that an Attorney wishes to be reimbursed for any extraordinary expenses including, but not limited to. Travel beyond a fifty (50) mile radius of the Court, an unusual number of copies or telephone calls, a rush rate for transcriptions, trial clothing for a defendant, use of law clerks, paralegals or Westlaw, the Attorney must make specific application to the Court prior to incurring the expenses. All expenses shall be in accordance with guidelines established by the Court and shall not exceed rates set by those policies unless specifically authorized by order of the Court.

      5. PROPOSAL EVALUATION REQUIRMENTS

      Submittals received in response to this Request for Proposals will be reviewed and scored by the Evaluation Committee. Submittals receiving a score of 80 or better from the majority of the Evaluation Committee members will be recommended for contract award.

      Offerors may submit on one or multiple Groups. Responses should clearly indicate which Group(s). Offerors are to submit a response for criteria for each group. Evaluations and recommendation(s) for award will be made for each group.

      The Evaluation Committee will meet for the first submittal review session within thirty days of the Due Date for this RFP. Subsequent review sessions will take place on a monthly basis for the five months following the first review session. After the first six review sessions, subsequent review sessions will take place on a quarterly basis.

      Submittals received by the Department of Procurement at least three (3) business days prior to a scheduled review session will be reviewed at that session. Submittals received less than three (3) business days prior to a scheduled review session will be reviewed at the next scheduled review session.

       

      1. PROPOSAL EVALUATION CRITERIA – (listed in relative order of importance)

      A. Qualifications & Experience

      6. VENDOR RESPONSE

      1. Group 1- English- All cases excluding Mental Health Court

      A. Qualifications and Experience

      2. Group 2- Spanish- All cases excluding Mental Health Court

      A. Qualifications and Experience

      3. Group 3- Appeals, Rule 32, and Rule 33's

      A. Qualifications and Experience

      4. Group 4- Mental Health Court

      A. Qualifications and Experience

      5. Group 5- Domestic Violence Court

      A. Qualifications and Experience

       

      9. STANDARD TERMS AND CONDITIONS

      44. WAGE COMPLIANCE

      Contractor shall pay their eligible employees the highest of:

       

      (a) the City of Tucson minimum wage

      (b) the State of Arizona minimum wage

      (c) if applicable, the Tucson Living Wage

       

      Contractor shall cooperate with all efforts of the City of Tucson’s Labor Standards Unit (LSU) to monitor and ensure compliance with applicable labor standards to include, but not be limited to, the following:

       

      • Providing copies of pertinent documentation upon request

      • Cooperating with audits and interviews

      • Abiding by deadlines and adhering to due dates for determinations and appeals filings

       

      Contractor agrees to educate their employees on the applicable wage(s) that law requires them to minimally be paid.

       

      All timely complaints that are received by the LSU will be evaluated in accordance with the procedures posted on the LSU’s webpage: www.tucsonaz.gov/minimumwage

       

    • Addendum #4 (released 2024-08-21T14:00:50.838Z) —

      The following items have been modified:

      INTRODUCTION, 2.1 Summary

      The Attorney shall provide legal assistance and representation to those eligible persons as appointed by the Court. Assignments will normally be limited to misdemeanor cases and appeals but may as required by the Court, include such matters as probation violation proceedings, material witness representation or other legal matters involving potential loss of liberty and which legally require the appointment of counsel.

       
      SCOPE OF WORK, SCOPE OF WORK BY THE ATTORNEY
      1. Nature of Work: The Attorney shall provide legal assistance and representation to those eligible persons as appointed by the Court. Assignments will normally be limited to misdemeanor trial cases and appeals but may as required by the Court, include such matters as probation violation proceedings, material witness representation or other legal matters involving potential loss of liberty and which legally require the appointment of counsel.
      2. Scope of Work: Representation shall be from the date of appointment and continue through every stage of the legal proceedings at the trial court level, including sentencing and the processing of notice of appeal, subject only to withdrawal or substitution permitted under Rule 6.3 of the Arizona Rules of Criminal Procedure.

        The duty of representation continues until the charges are terminated by dismissal with prejudice or until the defendant is acquitted or sentenced except that Attorney will be required to continue to represent the defendant for any restitution or other hearing set at the time of sentencing. Some cases will not so terminate until after the expiration date of the Contract. If requested by the defendant Attorney must file a Notice of Appeal and Designation of Record in all cases in which the defendant has a right to appeal.


        The Contract comprehends the representation and related compensation of the client on appeal or in post-conviction relief proceedings separately from new charge representation. The Attorney shall continue to represent the client in interlocutory appeals.

        Requests from defendant for assistance from the Attorney received after time for representation under the Contract has passed are not within the scope of this Contract and the Attorney is not entitled to additional compensation from the City for such work unless specifically appointed by the Court to do so.
      1. Case Allocation and Assignment: No maximum or minimum number of case assignments is anticipated. Appointments shall be made at the sole discretion of the Court. Should Attorney determine that the work to be done in a case assignment is exceptional, Attorney may make application to the Court to designate the case as an extraordinary case and set terms for additional compensation as set forth in Section VI.B below. Proposals received by the City will be reviewed and considered within approximately 30 days.

      SCOPE OF WORK, COMPENSATION AND METHOS OF PAYMENT

      1. Compensation: For each case assignment, the Attorney shall receive a flat rate payment plus reimbursement of reasonable, pre-approved, costs associated with a particular case. For non-trial dispositions the standard rate set forth below will be increased by $100 for each additional case with same defendant. A case refers to all charges arising from a single incident. Accordingly, each additional case refers to a separate incident.
        1. Non-trial Disposition: $1,000.00 per appointment of each defendant (regardless of number of dockets)
        2. Additional Compensation.  All of the following compensation amounts in Section B are billable in addition to the payment of the initial assignment of a case.
          1. Trial representation for one (1) defendant: $500 per half day (trial length measured in half day units).
          2. Trial representation for one (1) defendant with non-trial disposition (resolved just prior to or day of trial) $250.00
        3. Appeals and Rule 32/33 Proceedings: $1,000.00
          1. If the Defendant has more than one (1) docket and the dockets were resolved separately but are now appealing both or more dockets, the first appeal is $1,000 and each subsequent docket being appealed will be $500.
        4. Revocation of Probation without other pending City Court charges: $500 (Additional $1,000.00 if a new case is part of appointment).
        5. Dismissal Prior to Pre-trial: Appointments made by the Court that are subsequently dismissed prior to or the day of the first pre-trial being held shall not be compensated as a case under the terms of this Contract. Counsel so assigned shall submit a pay claim for payment of services rendered at $75.00 per hour, not to exceed $300.00, together with the services provided and the time spent on each service and costs incurred prior to the disposition of the case.
        6. Withdrawal, Substitution of Counsel: Cases in which the Attorney subsequently withdraws shall not be compensated as an assigned case under the terms of this Contract. Upon withdrawal from an assigned case, the Attorney shall submit a pay claim for services rendered at the rate of $75.00 per hour, not to exceed $600.00, together with an itemization for the services provided and the time spent on each service.
        7. Exceptions: In cases where a conflict is discovered that could not reasonably have been discovered prior to the Attorney spending a substantial number of hours on the case or in which private counsel is retained by the defendant, the Attorney may submit a pay claim for payment for services rendered at $75.00 per hour not to exceed the base compensation rate ($1,000.00) together with an itemization of the specific services provided and the time spent on each service. After review of the documentation, the Magistrate will determine the amount of the Attorney’s compensation.
        8. Miscellaneous Assignments: This Contract includes assignment of misdemeanor trials, but may require representation in such matters as material witness representation, guardian ad litem, extradition, drug court cases and other matters involving potential loss of liberty and that legally require the appointment of counsel. If appointed to such a matter, the Attorney will be compensated at the rate of $75.00 per hour, not to exceed $600.00 unless prior approval is obtained from the Court. Applications requesting such approval shall demonstrate good cause and make a reasonable projection of the time necessary to adequately and competently complete the appointed matter.
        9. Extraordinary Case Compensation: If a case is extraordinary because of its complex or protracted nature, the Attorney may file a petition with the Presiding Judge or Presiding Magistrate requesting that the case be designated as extraordinary for purposes of compensation. A copy of the petition must be submitted to the assigned trial judge and the Court. If the Court grants the petition, the terms of the Attorney’s compensation will be specified in the court order.
        10. Change in Rates of Compensation: The rates of compensation established above are subject to the provisions of A.R.S. 13-4013. In that regard, if the Court, through its Presiding Judge or designee, determines that it is necessary to change the rates of compensation, the Court shall pay the Attorney at the rates established by the Court. Payments in excess of the compensation cap will be paid under the provisions described below.
      2. Reimbursable Expenses
        1. Disclosure Charged by state
        2. Phone calls from the jail (documented by office phone bills) will be reimbursed up to $50.00 in cost per defendant.
        3. Transcriptions: With prior approval of the Court, the Attorney may be reimbursed for the cost of transcriptions at a rate not to exceed $3.75 per page.
        4. Subpoenas: The Court will reimburse the Attorney for one subpoena per witness, per trial date.
        5. Reimbursable expenses are categorized as extraordinary expenses and ordinary expenses as described below;
          1. Extraordinary Expenses: In the event that an Attorney wishes to be reimbursed for any extraordinary expenses including, but not limited to. Travel beyond a fifty (50) mile radius of the Court, an unusual number of copies or telephone calls, a rush rate for transcriptions, trial clothing for a defendant, use of law clerks, paralegals or Westlaw, the Attorney must make specific application to the Court prior to incurring the expenses. All expenses shall be in accordance with guidelines established by the Court and shall not exceed rates set by those policies unless specifically authorized by order of the Court.
          2. Expert Witness, Investigators: Prior to retaining such services, application for appointment of expert witness or investigators must be made to and approved by the Court. The fees charged by such expert witnesses and investigators are not to exceed rates approved by the Court. The Court may require that the Attorney review and initial all invoices for services rendered by approved experts and investigators before they are submitted to the Court for payment.
          3. Interpreters: Qualified interpreters for non-English speaking defendants for all in-court proceedings and out-of-court interviews shall be provided by the Court through the Office of the Court Interpreter. For out-of-court interviews, the Attorney shall contact the Interpreter’s Office at least forty-eight (48) hours in advance.
          4. Ordinary Expenses Not Reimbursable: Ordinary expenses involved in the representation of criminal defendants are not reimbursable but are included in the flat rate Contract price. Ordinary expenses include, but are not limited to office overhead, mileage within a fifty (50) mile radius of the Court, postage, facsimiles, computer and Westlaw/Lexis charges, messenger service and office supplies. If the Attorney believes there is a reasonable basis for the reimbursement of an ordinary expense, the Attorney follow the procedure for Extraordinary Expenses described above.
          5. Failure to Obtain Prior Review and Approval by Court: Failure to obtain prior approval for certain expenditures as set forth above shall constitute a waiver of the Attorney’s right to additional compensation for same. However, the Court retains the right to allow additional compensation to prevent manifest injustice.
          6. The Court may review decisions of the Court to deny or limit requests for any additional expenditure by motion filed within ten (10) days of the date of the decision.
          7. Upon filing a claim, the Attorney shall include a copy of the Court approval or order authorizing compensation under this section and an itemization of the specific services provided with the time spent on each particular service.
          8. Compensation Cap: The total amount of fees and costs under this Contract shall not exceed $50,000 per year. In the event that the Attorney is reaches the $75,000.00 cap prior to the termination, extension or amendment of this Contract and the Attorney continues to provide statutorily mandated representation, the Court must specifically approve any additional fees or claims for additional fees and costs.
      3. Payment Procedure: All bills for the Attorney’s services and reimbursement under this Contract must be submitted to the Court on a Pay Claim Form with appropriate documentation in accordance with the Contract and/or the Guidelines for Allowable Fees and Expenses established by the Court. The Court will review and verify all invoices and documentation and may contact the Attorney for additional documentation or explanation. When the invoice is reviewed and approved, the Court will send the approved invoice to Accounts Payable for payment. There will be no reimbursement for unnecessary or excessive fees and costs.
        1. Timely Submission of Pay Claims: All pay claims must be submitted to Court no later than 30 days after the termination of the case. Pay claims received by the Court after 30 days may not be reimbursed at the Court’s discretion. The Court will not honor any claim for payment submitted more than six months after the date of the provision of the last service for which payment is sought.
        2. Claims not to be Submitted Before Case is Terminated: Pay claims may not be submitted prior to the termination of a case with the exception of the following:
          1. After Completion of Trial or Change of Plea but Before Sentencing: The Attorney will continue representation until the case is terminated at no additional cost.
          2. Upon Dismissal of Case Without Prejudice, Acceptance into Diversion or Issuance of a Warrant: The Attorney will continue to represent the defendant if and when the case resumes. If the Attorney does not wish to continue representation, the Attorney will file a Motion to Withdraw with the Court and, if granted, will be compensated as described above.
          3. Monthly: In the event that a case has been designated an extraordinary case.
      4. Audit and Audit Disallowance: In the event that the Court determines that a cost for which payment has been made is a disallowed cost, the Court shall notify the Attorney in writing of the disallowance and the required course of action. The Court shall have the option to adjust any future claim submitted by the Attorney by the amount of the disallowance or to require payment of the disallowed amount to the City of Tucson by the Attorney.

      VENDOR RESPONSE

      Attorneys can request and focus their caseloads on specific groups listed below but will be needed to take any group of case based on the cases received by the Court and the need, with the exception of Group 3- Appeals, Rule 32, and Rule 33's, which may be a specialty not practiced by all attorneys and firms.

    • Addendum #5 (released 2024-10-03T15:57:10.654Z) —

      The following items have been modified:

      1. SCOPE OF WORK, COMPENSATION AND METHODS OF PAYMENT
        1. Reimbursable Expenses 
          1.  Reimbursable expenses are categorized as extraordinary expenses and ordinary expenses as described below:
            1. Compensation Cap: The total amount of fees and costs under this Contract shall not exceed $75,000 per year. In the event that the Attorney is reaches the $75,000.00 cap prior to the termination, extension or amendment of this Contract and the Attorney continues to provide statutorily mandated representation, the Court must specifically approve any additional fees or claims for additional fees and costs.

    Evaluation Criteria

    • I. PURPOSE, ADMINISTRATION, STATUS OF ATTORNEY
      1. Purpose: The purpose of this Contract is to provide counsel to afford mandated legal defense services to indigents in the City in connection with the legal matters described above.
      2. Administration: the Presiding Judge, Presiding Magistrate or designee shall serve as Contract Representative on the part of the City.
      3. Relationship of the Parties: The status of Attorney shall be that of an independent contractor. Attorney shall not be considered to be an employee of the Court or the City of Tucson for any purpose and shall not be entitled to receive any benefits that the Court or the City of Tucson provides its employees and will not be subject to the provisions of the City of Tucson Merit System. Attorney shall be responsible for payment of all bar dues and federal, state and local taxes associated with compensation received pursuant to this Contract. The Court neither agrees to use the Attorney exclusively or to guarantee Attorney a specific number of appointments. The Attorney shall not be restricted by the Contract from engaging in the practice of law beyond the scope of this Contract.
    • CITY OF TUCSON

      NOTICE OF REQUEST FOR PROPOSAL NO 222994

      TITLE: LEGAL SERVICES FOR INDIGENT DEFENDANTS

       

      SUBMITTAL DUE DATE: Friday, September 11, 2026 AT 2:00 P.M. LOCAL AZ TIME

      PRE-SUBMITTAL CONFERENCE DATE: Tuesday, March 22, 2022

      TIME: 1:30 pm LOCAL AZ TIME

      LOCATION: Microsoft Teams meeting Join on your computer or mobile app

      QUESTIONS SHALL BE DIRECTED TO: raquel duarte
      (520) 837-4469
      raquel.duarte@tucsonaz.gov

      Publication Dates: NO VALUE

      Posted Date: Monday, March 14, 2022

       

      Competitive sealed offers for the material or service specified in this solicitation must be submitted through the City’s online bidding system. No late submitted offer will be accepted or considered. Reponses submitted in physical form or by facsimile or email will not be considered. Offerors are cautioned to commence the submittal process sufficiently ahead of time to allow for unanticipated delays resulting from things like a slow internet connection, internet outage, difficulty uploading large documents, differing system requirements, etc.

      Questions about this solicitation must be addressed to the responsible Contract Officer listed herein.

    • PROPOSAL EVALUATION CRITERIA – (listed in relative order of importance)
      1. Qualifications & Experience


    • DEFINITION OF KEY WORDS USED IN THE SOLICITATION

      For purposes of this solicitation and subsequent contract, the following definitions shall apply:
      City:The City of Tucson, Arizona

      Contract:The legal agreement(s) executed between City and the Successful Offeror(s). The Contract will be deemed to include all the conditions and requirements set forth in this RFP and any Amendments to the RFP, all the Special Terms and Conditions and Standard Terms and Conditions, and all the terms of the Proposal submitted by Offeror as finally negotiated and accepted by the City.

      Contractor/Consultant:A Successful Offeror that enters into a Contract with the City.

      Contract Representative:The City employee or employees who have been designated to act as the City contact for this solicitation process and who are responsible for monitoring and overseeing the Contractor's performance under the Contract.

      Business Services Director:The contracting authority for the City, authorized to sign contracts and amendments thereto on behalf of the City.

      May: Indicates something that is not mandatory but permissible.

      Offer:Any proposal, statement of qualifications, bid, or other submission provided by an Offeror in response to this Solicitation.

      Offeror: Each individual or entity that submits a submittal in response to this solicitation.

      Will:The indicated party is promising to take the action or abide by the condition.

      Must: The action or condition is required.

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

    • ADDITIONAL PURCHASE

      The City of Tucson reserves the right to purchase additional equipment under the same terms and conditions of this contract within the next twelve months, if funds permit.

    • Required Insurance Policies

      Contractor will obtain and maintain during the entire term of this Contract the following insurance coverage from insurers that have an “A.M. Best” rating of not less than A-VII:

    • ACCEPTANCE

      Mere physical receipt and inspection of goods or services by the City does not alter or affect the obligations of Contractor to provide goods and services that conform to all specifications of this Contract and the City may reject goods or services that are later found to be nonconforming.

    • AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR

      Funds are not presently available for performance under this Contract. The City's obligation for performance of this Contract is contingent upon the availability of funds from which payment for Contract purposes can be made. No legal liability on the part of the City for any payment may arise for performance under this Contract until funds are made available for performance of this Contract.

    • Commercial General Liability

      Policy must include Bodily Injury, Property Damage, Personal Injury and Broad Form Contractual Liability with coverage limits no lower than:

      Each Occurrence: $1,000,000

      General Aggregate: $2,000,000

      Personal and Advertising Injury: $1,000,000

      Blanket Contractual Liability: $1,000,000

    • PRE-SUBMITTAL MEETING

      A Pre-Submittal Meeting will be held at the date and time stated on the cover page of this solicitation, if such a date and time is provided. Attendance at this meeting is not mandatory, but written minutes and/or notes regarding the meeting will NOT be provided, so attendance is encouraged. The purpose of this meeting will be to clarify the contents of this solicitation in order to prevent any misunderstanding of the City's position.

    • Group 1- English- All cases excluding Mental Health Court
      1. Qualifications and Experience
      2. Documentation of membership, Arizona State Bar including entire disciplinary history
      3. Documentation of two (2) years' practice including misdemeanor representation
      4. Proof of Insurance
      5. Resume
    • ADVERTISING

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

    • II. SCOPE OF WORK BY THE ATTORNEY
      1. Nature of Work: The Attorney shall provide legal assistance and representation to those eligible persons as appointed by the Court. Assignments will normally be limited to misdemeanor trial cases and appeals but may as required by the Court, include such matters as probation violation proceedings, material witness representation or other legal matters involving potential loss of liberty and which legally require the appointment of counsel.

      2. Scope of Work: Representation shall be from the date of appointment and continue through every stage of the legal proceedings at the trial court level, including sentencing and the processing of notice of appeal, subject only to withdrawal or substitution permitted under Rule 6.3 of the Arizona Rules of Criminal Procedure.

        The duty of representation continues until the charges are terminated by dismissal with prejudice or until the defendant is acquitted or sentenced except that Attorney will be required to continue to represent the defendant for any restitution or other hearing set at the time of sentencing. Some cases will not so terminate until after the expiration date of the Contract. If requested by the defendant Attorney must file a Notice of Appeal and Designation of Record in all cases in which the defendant has a right to appeal.

        The Contract does not extend to representation of the client on appeal or in post-conviction relief proceedings. The Attorney shall continue to represent the client in interlocutory appeals.

        Requests from defendant for assistance from the Attorney received after time for representation under the Contract has passed are not within the scope of this Contract and the Attorney is not entitled to additional compensation from the City for such work unless specifically appointed by the Court to do so.

      3. Case Allocation and Assignment: No maximum or minimum number of case assignments is anticipated. Appointments shall be made at the sole discretion of the Court. Should Attorney determine that the work to be done in a case assignment is exceptional, Attorney may make application to the Court to designate the case as an extraordinary case and set terms for additional compensation as set forth in Section VI.B below. Proposals received by the City will be reviewed and considered within approximately 30 days.

      4. Professional Standards: The professional services provided by the Attorney shall be consistent with the Arizona Rules of Professional Conduct, state and local court rules and the written administrative and procedural policies and procedures established by the Court. The Attorney shall devote such time to the cases assigned so as to provide competent, effective and timely legal assistance and representation to persons the Attorney is appointed to represent. The Attorney shall have at least two years of legal experience including experience in the practice of criminal law. Attorney shall comply with all mandatory continuing legal education requirements of the State Bar of Arizona. Pursuant to such compliance, the Attorney shall attend at least fifteen (15) hours of continuing legal education each year, of which three (3) hours each year shall be in the area of criminal law and/or procedure during the term of this contract. Documentation of attendance shall be furnished to the Court upon request.

      5. Compliance with Laws, Rules and Regulations: The Attorney shall, throughout the term of this Contract, comply with all applicable City, County, state and federal laws, ordinances, rules, regulations and statutes.
    • SHORTLIST

      The City reserves the right to shortlist the offerors on any of the stated criteria. However, the City may determine that shortlisting is not necessary.

    • Commercial Automobile Liability

      Policy must include bodily injury and property damage, for any owned, hired, and/or non-owned vehicles used in performance of work under this Contract, with a Combined Single Limit no lower than $500,000.

    • III. ASSIGNMENT, WITHDRAWAL, SUBSTITUTE REPRESENTATION
      1. Assignment of Cases: Appointments and substitution of counsel will be made by the Court from a list of attorneys selected and approved by the Court. The Attorney shall accept all assignments made by the Court except where a conflict of interest prevents the Attorney from ethically representing a defendant or the Attorney’s caseload is such that it would interfere with the rendering of quality representation or lead to the breach of professional obligation. Immediately upon assignment, the Attorney will make every effort to determine whether a conflict of interest exists, and if so, will promptly notify the Court.
      2. Deferring Assignments Temporarily: The Attorney may defer acceptance of assignments for any period of time up to six (6) months without terminating this Contract by notifying the Department of Procurement and the Court. The Department of Procurement and Court Administration shall maintain a current list of attorneys available for appointments under the terms of this Contract and shall provide the same to the Court. This list shall be used to make appointments.
      3. Discontinuance of Appointments, Termination of Representation by the Court: The Court may discontinue appointing the Attorney to cases with or without cause and it may terminate the Attorney’s representation for good cause.
      4. Withdrawal from Cases: In the event that a conflict of interest or other circumstances which the Attorney believes justify the reassignment of any appointed case, the Attorney shall notify the Court prior to withdrawal from the case. The Court will give the Attorney the name of the next available attorney on the rotation list. The attorney will then immediately file the motion to withdraw. In the motion to withdraw, the Attorney must aver that he/she contacted the Court and was informed of the name of the next available attorney on the rotation list. The Attorney shall state the name of the next available attorney. Compensation for cases in which the Attorney withdraws is set forth below. Any Counsel who elects to leave the QVL List must provide 30 days’ notice to the Department of Procurement/Court Contract Representative and complete all existing assignments prior to departing.
      5. Substitute Representation: In the case of scheduling conflicts, vacations or other short term unavailability of the Attorney, the Attorney may arrange for duties to be handled by a competent, duly licensed attorney. The Court will not provide any additional compensation for such substitute representation.
    • INQUIRIES

      Any questions about this solicitation or the proposed Contract must be presented at the Pre-Submittal Meeting, if there is one (see above), or submitted in writing, via email, or through the online bidding system, to the Contract Officer by the Question Submission Deadline. The email must refer to the solicitation number and the paragraph number of the provision that the question concerns. The Contract Officer may respond by email or may, if they deem it appropriate, address the question in a solicitation Amendment. Offeror may not rely on oral interpretations or clarifications about the solicitation; only questions answered in an email by the Contract Officer or posted as a formal solicitation Amendment will be binding.

    • AFFIRMATIVE ACTION

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

    • BID SURETY

      Bidders/Offerors shall furnish, with their bid/offer, a bid surety in the amount of N/A% of their total bid/offer. This may be in the form of a bid bond, certified check, cashier’s check, letter of credit from a bank, certificate of deposit, money order or an annual bid and performance bond. When filing with the City, an annual bid and performance bond shall be in an amount no less than N/A. Checks provided as surety will be deposited by the City. Refunds will be made to any unsuccessful bidders/offerors upon determination of award.

    • Group 2- Spanish- All cases excluding Mental Health Court
      1. Qualifications and Experience
      2. Documentation of membership, Arizona State Bar including entire disciplinary history
      3. Documentation of two (2) years' practice including misdemeanor representation and documentation of Spanish language Fluency
      4. Proof of Insurance
      5. Resume
    • INTERVIEWS

      The City may interview some or all of the offerors at any point during the evaluation process. If interviews are conducted, information provided during the interview process will be taken into consideration in the evaluation process.

    • Worker's Compensation. Policy must have coverage limits no lower than:

      Policy must have coverage limits no lower than:

      Per Occurrence: Statutory

      Employer's Liability: $500,000

      Disease Each Employee: $500,000

      Disease Policy Limit: $500,000

      [If Contractor is a Sole Proprietor, include this waiver provision under A.R.S. § 23-961(M). To determine whether the Contractor is a Sole Proprietor, please request the Sole Proprietor/Independent Contractor form from the Contract Officer listed in the solicitation.] I am a sole proprietor, and I am doing business as [name of sole proprietor business]. I am performing work as an independent contractor for the City of Tucson. I am not the employee of the City of Tucson for workers' compensation purposes, and, therefore, I am not entitled to workers' compensation benefits from the City. I understand that if I have any employees working for me, I must maintain workers' compensation insurance on them.

    • AMERICANS WITH DISABILITIES ACT (ADA)

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

    • IV. REDETERMINATION OF INDIGENCY, PRIVATE COMPENSATION
      1. Continued Eligibility of Defendants: The Attorney shall schedule a hearing before the assigned judge or Presiding Magistrate to review the indigence of a defendant if the Attorney becomes aware of assets, income or change in circumstances of a client such that a question as to the defendant’s continued eligibility to receive counsel at the public’s expense exists. This section shall not require the disclosure of any privileged information that is considered a confidential communication under Court Rules or the Arizona Rule of Professional Conduct. The inquiry and decision as to the client’s eligibility will be the responsibility of the assigned judge, Magistrate or the Presiding Judge.
      2. Private Compensation: The Attorney shall not charge or accept any fee or other compensation for services rendered pursuant to this Contract except as provided herein. The Attorney may not represent the client for a fee on an appointed case without prior written approval of the Court. The Attorney must notify the Court of any change in status.
    • Group 3- Appeals, Rule 32, and Rule 33's
      1. Qualifications and Experience
      2. Documentation of membership, Arizona State Bar including entire disciplinary history
      3. Documentation of two (2) years' practice including misdemeanor representation and documentation of practice including any criminal appeals experience
      4. Proof of Insurance
      5. Resume
    • BRAND OR TRADE NAMES

      Any manufacturer's names, trade names, brand names or catalog numbers used in the solicitation are for the purpose of describing and/or establishing the quality, design and performance required. Any such reference is not intended to limit or restrict any bid/offer by any vendor, but is only listed in order to advise potential bidders/offerors of the requirements of the City. Any bid/offer which proposes like quality, design or performance will be considered.

    • ADDENDUM OF SOLICITATION

      Solicitation Addenda will be posted on the City’s link to the online bidding website. Offeror is responsible for checking the webpage regularly for new solicitation addenda and must acknowledge each addendum to this solicitation in its submittal. Please note that vendors who have registered with the Business Services Department at http://www.tucsonprocurement.com/ OpenGov:Procurement website and follow the City of Tucson will receive email notifications of solicitation addenda.

    • ADDITIONAL INVESTIGATIONS

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

    • ARBITRATION

      Notwithstanding any other provision in this Contract, no agreement by the City to arbitrate a dispute is binding unless given expressly and in writing after execution of this Contract. However, if both parties agree, disputes may be resolved through arbitration following the process in A.R.S. § 12-1501, et seq. Contractor must continue to perform under this Contract without interruption, notwithstanding the provisions of this section.

    • UNDERSTANDING SCOPE OF WORK

      Before submitting a response to this solicitation, Offeror must familiarize itself with the Scope of Work, laws, regulations, physical conditions, and other factors affecting the obligations – including the expense and difficulty of fulfilling those obligations – that Offeror will have under the Contract if awarded to Offeror. No adjustment to the financial or other terms of the Contract will be justified by Offeror’s failure to fully understand or appreciate the Contract requirements or other factors affecting Contract performance.

    • Group 4- Mental Health Court
      1. Qualifications and Experience
      2. Documentation of membership, Arizona State Bar including entire disciplinary history
      3. Documentation of two (2) years' practice including misdemeanor representation and documentation of practice including any Mental Health representation or experience.
      4. Proof of Insurance
      5. Resume
    • CANCELLATION OF LEASE DUE TO INSUFFICIENT FUNDING

      The successful Bidder/Offeror will be required to agree to the following:

      The City reasonably believes that sufficient funds can be obtained to make all payments during each of the renewal terms. The City hereby covenants that it will do all things lawfully within its power to obtain and maintain funds from which the payments may be made, including making provisions for such payments to the extent necessary in each annual fiscal year budget submitted for the purpose of obtaining funding or by obtaining separate funding by a third party.

      If after formal written budget request submitted by the City, the Mayor/Council does not allocate funds necessary to continue payments for the renewal term, the City may terminate this agreement at the end of the fiscal year term. Parties acknowledge and agree that it is their intent that funding by the City shall continue throughout the term of this agreement, but the parties recognize that such funding is subject to the provisions of A.R.S. Sec. 42-301, et seq. in the event of non-allocation of funds. Lessor shall have only the right and remedy of taking possession of the equipment.

    • V. COMPENSATION AND METHOD OF PAYMENT
      1. Compensation: For each case assignment, the Attorney shall receive a flat rate payment plus reimbursement of reasonable, pre-approved, costs associated with a particular case. For non-trial dispositions the standard rate set forth below will be increased by $100 for each additional case with same defendant. A case refers to all charges arising from a single incident. Accordingly, each additional case refers to a separate incident.
        1. Non-trial Disposition: $1,000.00 per appointment of each defendant (regardless of number of dockets)
        2. Additional Compensation.  All of the following compensation amounts in Section B are billable in addition to the payment of the initial assignment of a case.
          1. Trial representation for one (1) defendant: $500 per half day (trial length measured in half day units).
          2. Trial representation for one (1) defendant with non-trial disposition (resolved just prior to or day of trial) $250.00
        3. Appeals and Rule 32/33 Proceedings: $1,000.00
          1. If the Defendant has more than one (1) docket and the dockets were resolved separately but are now appealing both or more dockets, the first appeal is $1,000 and each subsequent docket being appealed will be $500.
        4. Revocation of Probation without other pending City Court charges: $500 (Additional $1,000.00 if a new case is part of appointment).
        5. Dismissal Prior to Pre-trial: Appointments made by the Court that are subsequently dismissed prior to or the day of the first pre-trial being held shall not be compensated as a case under the terms of this Contract. Counsel so assigned shall submit a pay claim for payment of services rendered at $75.00 per hour, not to exceed $300.00, together with the services provided and the time spent on each service and costs incurred prior to the disposition of the case.
        6. Withdrawal, Substitution of Counsel: Cases in which the Attorney subsequently withdraws shall not be compensated as an assigned case under the terms of this Contract. Upon withdrawal from an assigned case, the Attorney shall submit a pay claim for services rendered at the rate of $75.00 per hour, not to exceed $600.00, together with an itemization for the services provided and the time spent on each service.
        7. Exceptions: In cases where a conflict is discovered that could not reasonably have been discovered prior to the Attorney spending a substantial number of hours on the case or in which private counsel is retained by the defendant, the Attorney may submit a pay claim for payment for services rendered at $75.00 per hour not to exceed the base compensation rate ($1,000.00) together with an itemization of the specific services provided and the time spent on each service. After review of the documentation, the Magistrate will determine the amount of the Attorney’s compensation.
        8. Miscellaneous Assignments: This Contract includes assignment of misdemeanor trials, but may require representation in such matters as material witness representation, guardian ad litem, extradition, drug court cases and other matters involving potential loss of liberty and that legally require the appointment of counsel. If appointed to such a matter, the Attorney will be compensated at the rate of $75.00 per hour, not to exceed $600.00 unless prior approval is obtained from the Court. Applications requesting such approval shall demonstrate good cause and make a reasonable projection of the time necessary to adequately and competently complete the appointed matter.
        9. Extraordinary Case Compensation: If a case is extraordinary because of its complex or protracted nature, the Attorney may file a petition with the Presiding Judge or Presiding Magistrate requesting that the case be designated as extraordinary for purposes of compensation. A copy of the petition must be submitted to the assigned trial judge and the Court. If the Court grants the petition, the terms of the Attorney’s compensation will be specified in the court order.
        10. Change in Rates of Compensation: The rates of compensation established above are subject to the provisions of A.R.S. 13-4013. In that regard, if the Court, through its Presiding Judge or designee, determines that it is necessary to change the rates of compensation, the Court shall pay the Attorney at the rates established by the Court. Payments in excess of the compensation cap will be paid under the provisions described below.
      2. Reimbursable Expenses
        1. Disclosure Charged by state
        2. Phone calls from the jail (documented by office phone bills) will be reimbursed up to $50.00 in cost per defendant.
        3. Transcriptions: With prior approval of the Court, the Attorney may be reimbursed for the cost of transcriptions at a rate not to exceed $3.75 per page.
        4. Subpoenas: The Court will reimburse the Attorney for one subpoena per witness, per trial date.
        5. Reimbursable expenses are categorized as extraordinary expenses and ordinary expenses as described below;
          1. Extraordinary Expenses: In the event that an Attorney wishes to be reimbursed for any extraordinary expenses including, but not limited to. Travel beyond a fifty (50) mile radius of the Court, an unusual number of copies or telephone calls, a rush rate for transcriptions, trial clothing for a defendant, use of law clerks, paralegals or Westlaw, the Attorney must make specific application to the Court prior to incurring the expenses. All expenses shall be in accordance with guidelines established by the Court and shall not exceed rates set by those policies unless specifically authorized by order of the Court.
          2. Expert Witness, Investigators: Prior to retaining such services, application for appointment of expert witness or investigators must be made to and approved by the Court. The fees charged by such expert witnesses and investigators are not to exceed rates approved by the Court. The Court may require that the Attorney review and initial all invoices for services rendered by approved experts and investigators before they are submitted to the Court for payment.
          3. Interpreters: Qualified interpreters for non-English speaking defendants for all in-court proceedings and out-of-court interviews shall be provided by the Court through the Office of the Court Interpreter. For out-of-court interviews, the Attorney shall contact the Interpreter’s Office at least forty-eight (48) hours in advance.
          4. Ordinary Expenses Not Reimbursable: Ordinary expenses involved in the representation of criminal defendants are not reimbursable but are included in the flat rate Contract price. Ordinary expenses include, but are not limited to office overhead, mileage within a fifty (50) mile radius of the Court, postage, facsimiles, computer and Westlaw/Lexis charges, messenger service and office supplies. If the Attorney believes there is a reasonable basis for the reimbursement of an ordinary expense, the Attorney follow the procedure for Extraordinary Expenses described above.
          5. Failure to Obtain Prior Review and Approval by Court: Failure to obtain prior approval for certain expenditures as set forth above shall constitute a waiver of the Attorney’s right to additional compensation for same. However, the Court retains the right to allow additional compensation to prevent manifest injustice.
          6. The Court may review decisions of the Court to deny or limit requests for any additional expenditure by motion filed within ten (10) days of the date of the decision.
          7. Upon filing a claim, the Attorney shall include a copy of the Court approval or order authorizing compensation under this section and an itemization of the specific services provided with the time spent on each particular service.
          8. Compensation Cap: The total amount of fees and costs under this Contract shall not exceed $50,000 per year. In the event that the Attorney is reaches the $75,000.00 cap prior to the termination, extension or amendment of this Contract and the Attorney continues to provide statutorily mandated representation, the Court must specifically approve any additional fees or claims for additional fees and costs.
      3. Payment Procedure: All bills for the Attorney’s services and reimbursement under this Contract must be submitted to the Court on a Pay Claim Form with appropriate documentation in accordance with the Contract and/or the Guidelines for Allowable Fees and Expenses established by the Court. The Court will review and verify all invoices and documentation and may contact the Attorney for additional documentation or explanation. When the invoice is reviewed and approved, the Court will send the approved invoice to Accounts Payable for payment. There will be no reimbursement for unnecessary or excessive fees and costs.
        1. Timely Submission of Pay Claims: All pay claims must be submitted to Court no later than 30 days after the termination of the case. Pay claims received by the Court after 30 days may not be reimbursed at the Court’s discretion. The Court will not honor any claim for payment submitted more than six months after the date of the provision of the last service for which payment is sought.
        2. Claims not to be Submitted Before Case is Terminated: Pay claims may not be submitted prior to the termination of a case with the exception of the following:
          1. After Completion of Trial or Change of Plea but Before Sentencing: The Attorney will continue representation until the case is terminated at no additional cost.
          2. Upon Dismissal of Case Without Prejudice, Acceptance into Diversion or Issuance of a Warrant: The Attorney will continue to represent the defendant if and when the case resumes. If the Attorney does not wish to continue representation, the Attorney will file a Motion to Withdraw with the Court and, if granted, will be compensated as described above.
          3. Monthly: In the event that a case has been designated an extraordinary case.
      4. Audit and Audit Disallowance: In the event that the Court determines that a cost for which payment has been made is a disallowed cost, the Court shall notify the Attorney in writing of the disallowance and the required course of action. The Court shall have the option to adjust any future claim submitted by the Attorney by the amount of the disallowance or to require payment of the disallowed amount to the City of Tucson by the Attorney.
    • Professional Liability (Errors & Omissions)

      Policy must have coverage limits no lower than:

      Each Claim: $500,000

      Annual Aggregate: $1,000,000

    • OTHER INFORMATION

      Information that evaluation committee members have about an offeror beyond what is provided in the offeror’s proposal may be taken into consideration during the evaluation process.

    • COOPERATIVE PURCHASING

      Contractor will, when requested, provide goods and services at the same prices and under the same terms and conditions as set forth in this Contract to any public or nonprofit agency that, at the time of request, has a Cooperative Purchasing Agreement with the City or participates in the Strategic Alliance for Volume Expenditures (SAVE) cooperative. See http://www.tucsonprocurement.com/coop_partners.aspx and click on “Cooperatives” for a list of agencies that have Cooperative Purchasing Agreements with the City; see http://www.mesaaz.gov/home/showdocument?id=23638 for a list of agencies participating in SAVE. These lists are subject to change. Contractor may, however, negotiate with an agency for payment of additional out-of-pocket expenses that will be incurred by Contractor in providing goods and services to the agency (i.e., freight charges, travel related expenses, etc.).

      Each participating agency that orders goods or services under this Contract as provided above is solely responsible for paying Contractor for those goods and services. The City is not responsible for any disputes arising out of transactions made by others.

    • PREPARATION OF SUBMITTAL
      1. Form and Organization. Offeror’s Submittal must be on the forms provided in this solicitation (as applicable). Supporting documentation must be arranged in a manner that follows and clearly refers to corresponding sections of the solicitation. Offeror may copy the submittal forms in order to complete them electronically but may not alter or rearrange them or change any paragraph designations.
      2. Confidential Information. Any information in its submittal that Offeror wishes to be treated as confidential must be clearly marked “CONFIDENTIAL.”
      3. Proposal Contents. Offeror’s submittal must contain a response to all sections of the solicitation and forms must be completed and any requested supporting documentation attached.
      4. Signatures. Offeror must include in their submittal signed copies of the Offer and Acceptance page. Any cover letter accompanying the proposal documents must be signed. Offeror must initial each erasure, interlineation or other modification in the submittal. The person signing and initialing on behalf of Offeror must be a person authorized to legally bind Offeror.
      5. Prices. Where a unit price is provided it will govern over any erroneous extension of the price.
      6. Time Periods. Periods of time, stated as a number of days, will be calendar days unless specifically stated otherwise.
      7. Accuracy. Mistakes in preparation of its submittal confers on Offeror no right to modify or withdraw its submittal after the Submittal Deadline.
      8. Cost of Preparation. The City will not reimburse Offeror for the cost of developing, presenting, submitting or providing any response to this solicitation.
      9. Subcontractors. Offeror must, in their submittal, list any subcontractors that it will utilize in the performance of the Contract if they are awarded the Contract and must describe their qualifications in detail.
      10. Incomplete Information. Failure to include all requested information may have a negative impact on the evaluation of Offeror’s submittal.
    • Group 5- Domestic Violence Court
      1. Qualifications and Experience
      2. Documentation of membership, Arizona State Bar including entire disciplinary history
      3. Documentation of two (2) years' practice including misdemeanor representation
      4. Proof of Insurance
      5. Resume
    • VI. RECORD KEEPING

      The Attorney shall keep accurate and complete files and records including final disposition of records for each case assigned under this Contract. The Attorney shall submit written monthly status reports in a form approved by the Court on or before the last day of each month in which the Attorney has open cases before the Court. All records shall be made available to the Court for inspection and duplication upon request. The Attorney shall keep and preserve each record of cases assigned under this Contract for the period prescribed by the Arizona State Bar Association or other applicable statute or rule. This section does not require the disclosure of any privileged information that is considered a confidential communication under Court Rules or the Arizona Rules of Professional Conduct.

    • PRICE PROPOSAL
      1. Tax Offset Policy. If applicable under Section 28-18(6) or Section 28-17(7)(d) of the Tucson Procurement Code, the City will include the amount of all business privilege taxes other than the City’s in evaluating price proposals.
      2. Payment Discounts. Any discounts offered by Offeror for payments made within 21 calendar days or more will be deducted from the proposed price in evaluating an offeror’s price proposal. However, the City may take advantage of any early- or timely-payment discounts offered by a vendor. Any proposed payment discount will apply to all purchases and to all payment methods
    • Professional Liability - Technology Errors & Omissions

      Each Claim: $1,000,000

      General Aggregate: $2,000,000

    • ASSIGNMENT

      Contractor may not assign its rights or obligations under this Contract without the prior written permission of the City's Business Services Director. The City will not unreasonably withhold approval for a requested assignment.

    • PAYMENT DISCOUNTS

      Payment discount periods shall be computed from the date of receipt of the material/service or correct invoice, whichever is later, to the date City’s payment warrant is mailed. Unless freight and other charges are itemized, any discount provided shall be taken on full amount of invoice. Payment discounts of twenty-one calendar days or more shall be deducted from the proposed price in determining the price points. However, the City shall be entitled to take advantage of any payment discount offered by a vendor provided payment is made within the discount period. The payment discount shall apply to all purchases and to all payment methods.

    • Environmental & Hazardous Waste

      Each Claim: $

      Annual Aggregate: $

    • CHILD/SWEAT-FREE LABOR POLICY

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

    • Garage Liability & Garage Keepers Liability

      Garage Liability: $1,000,000

      Garage Keeper's Liability - Direct Primary Coverage

      1. Each Auto: $500,000
      2. Each Occurrence: $1,000,000
    • CITY’S RIGHT TO WAIVE DEFECTS OR REJECT SUBMITTALS

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

      1. Waive any immaterial defect or informality; or
      2. Reject any or all submittals, or portions thereof; or
      3. Reissue the solicitation.
    • CONFLICTS OF INTEREST

      An Offeror responding to this solicitation acknowledges that, to the best of its knowledge, information and belief, no person has been employed or retained to solicit or secure a Contract that may be awarded pursuant to this solicitation upon a promise of a commission, percentage, brokerage, or contingent fee, and that no member of the City of Tucson Mayor and Council or any employee of the City has any financial interest in Offeror’s firm. In addition, all communications regarding this solicitation shall be directed to the Business Services Department. Interested Offerors shall refrain from engaging in any communication (written or verbal) regarding this solicitation or the matters involving this solicitation or TCC operations with any other City staff, Mayor & Council or staff of Mayor & Council.

      The City reserves the right to disqualify an Offeror from further participation in the solicitation process in the event the City determines that Offeror has an actual or apparent conflict of interest with the purposes of this solicitation, or has violated this Conflict of Interest.

      Upon a finding by the City that gratuities in the form of entertainment, gifts or inducements were offered or given by Offeror, or any agent or representative of Offeror, to any officer or employee of the City, including the Mayor and Council and their staff, for the purpose of securing a Contract that may be awarded pursuant to this solicitation, or securing favorable treatment with respect to the awarding, amending, or making of any determination with respect to the performance of a Contract that may be awarded under this solicitation, the City, may, by one (1) calendar day provide written notice to Offeror, terminate the right of Offeror to proceed under this solicitation; provided that the existence of the facts upon which the City made such finding shall be an issue and may be litigated in an Arizona court of competent jurisdiction.

    • Garage Keepers Legal Liability

      Coverage and Limits

    • Builders Risk

      Builder’s “All Risk” Property Insurance: $NO VALUE.

      1. Coverage to include personal property of others in the care, custody and control of the contractor. Coverage should be written for 100% of the completed value.
      2. For additions or repairs of existing building structures, coverage to include contractor’s interest in improvements, repairs, additions, alterations to completed buildings and subject to items described in “a”.
    • COMMENCEMENT OF WORK

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

    • CONTRACT NEGOTIATIONS

      At the City’s discretion, it may negotiate with one or more responsible offerors to agree upon the final conditions, terms and price of the Contract. In doing so, the City will treat offerors fairly and will not disclose to any offeror information from responses submitted by other offerors. Exclusive or concurrent negotiations do not constitute a contract award and do not confer any rights to the offerors participating in such negotiations. In the event the City deems that negotiations are not progressing, the City may formally terminate these negotiations and may enter into concurrent or exclusive negotiations with the next most qualified firm(s).

    • TAXES

      The City is exempt from federal excise tax, including the federal transportation tax. The City is not tax exempt from sales tax, etc.

    • ENERGY STAR COMPLIANT

      All products purchased by, or on behalf of, the City of Tucson shall be Energy Star compliant, when available. The Energy Star standard is available at www.energystar.gov. Potential energy star compliant products must have proof of meeting the Energy Star standard, to include but not limited to, having the Energy Star label on the delivered product. Proof consists of one of the following levels of verification listed in order from least to most valued; self-certification with random audits, independent third-party certification or independent third-party certification with onsite and random audits.

    • FOB DESTINATION FREIGHT PREPAID

      Prices shall be FOB Destination Freight Prepaid to the delivery location designated. Contractor shall retain title and control of all goods until they are delivered and the Contract of coverage has been completed. All risk of transportation and all related charges shall be the responsibility of the Contractor. All claims for visible or concealed damage shall be filed by the Contractor. The City will assist the Contractor in arranging for inspection.

    • PROPOSAL/SUBMITTAL FORMAT

      A proposal should be submitted on the forms and in the format specified in the RFP. Any information that the offeror requested to held as confidential information shall be clearly marked as such. The material should be in sequence and related to the RFP. The sections of the submittal should be organized, clearly identifiable, and should include a minimum of the following sections: the completed Offer and Acceptance Form, all signed Amendments, a copy of this RFP document, and the Offeror’s response to the Evaluation Criteria including the completed Price Page. Failure to include the requested information may have a negative impact on the evaluation of the offeror's proposal.

    • Aviation Insurance (Drone)

      Policy shall include Bodily Injury, Property Damage, Personal Injury

      Each Claim: $1,000,000

      Annual Aggregate: $2,000,000

    • AWARD OF CONTRACT

      A Contract is created when, and only when, it is formally awarded, which occurs when the Business Services Director and the City Attorney sign the Offer and Acceptance page of the Successful Offeror’s submittal. When a Contract is awarded, the City will send the Contractor a Notice of Award.

      The City may first issue a Notice of Intent to Award to the Successful Offeror(s). Offeror, if it receives a Notice of Intent to Award from the City, must sign and file with the City, within five (5) days after receipt of the Notice, all documents necessary for execution of the Contract. A Notice of Intent to Award does not create a contract. Only a subsequent formal award, as described above, creates a Contract.

    • CONFIDENTIALITY OF RECORDS

      Contractor will establish and maintain procedures to ensure that no information contained in its records or obtained from the City or from others in carrying out its functions under this Contract is used or disclosed by it, its agents, officers, or employees, except as required to efficiently perform its duties under the Contract, and will take appropriate measures to protect any personal identifying information of any individuals.

    • Claims Made Insurance Coverage

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

    • EXCEPTIONS TO CONTRACT PROVISIONS

      By submitting a submittal in response to this solicitation, Offeror is offering to enter into the Contract with the City. If Offeror wishes to modify any Contract terms and conditions, Offeror must, in its submittal, clearly identify the changes it is requesting. No requested modification will be deemed accepted by the City unless and until the City’s Business Services Director or their designee expressly accepts it in writing.

    • LIQUIDATED DAMAGES

      The City will incur damages if the Contractor fails to complete the work within the specified time or any approved extensions thereof and that the liquidated damages specified herein represent a fair and equitable approximation of the City’s damages.

      Liquidated damages shall be in the amount of N/A for each calendar day of delay.

      If the Contract is not terminated, the Contractor shall continue performance and be liable to the City for the liquidated damages until the products are delivered or the services performed.

      In the event the City exercises its right of termination, the Contractor shall be liable to the City for any excess costs, and in addition, for liquidated damages until such time the City may reasonably obtain delivery or performance of similar supplies or services.

    • MULTIPLE AWARDS

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

    • CONFLICTS OF INTEREST

      The City may terminate this Contract without penalty or further obligation pursuant to A.R.S. § 38-511 if any person significantly involved in initiating, negotiating, securing, drafting, or creating the Contract on behalf of the City is or becomes, at any time while the Contract or any extension of the Contract is in effect, an employee of, or a contractor to, Contractor with respect to the subject matter of this Contract. Termination will be effective when written notice from the City's Business Services Director is received by Contractor, unless the notice specifies a later time.

    • PUBLIC RECORD

      Any documents submitted by Offeror in response to this solicitation will become the property of the City. Except as set forth below with respect to Confidential Information, the Submittal will be deemed to be a public record available for review by the public after the award notification.

    • CONTRACT AMENDMENTS; ADDITIONAL WORK

      This Contract may only be amended by a written agreement signed by the parties. The City’s Business Services Director or their designee may, on behalf of the City (1) approve and execute any amendments, change orders, or supplemental written agreements; and (2) grant time extensions or contract renewals. Except in the case of a documented emergency, Contractor will not perform any work under this Contract that exceeds the scope of work or contract amount unless a formal amendment or change order has first been approved and executed by the City.

    • Additional Insurance Requirements

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

      1. A waiver of subrogation endorsement in favor of the City of Tucson, for losses arising from work performed by or on behalf of the Contractor (Including Worker’s Compensation).
      2. The insurance afforded the contractor shall be primary insurance and that any insurance carried by the City of Tucson and its agents, officials or employees shall be excess and not contributory.
      3. Coverage provided by the Contractor shall not be limited to the liability assumed under the indemnification provisions of this Contract.
    • FEDERAL TRANSIT ADMINISRATION (FTA) REQUIREMENTS

      Any contract awarded pursuant to this solicitation will contain the FTA Terms and Conditions listed in the corresponding attachment titled, "FTA Terms, Conditions and Certifications".

    • SUBMITTAL RESULTS

      After the City issues a Notice of Award, the City will post the name(s) of the Successful Offeror(s) on the Business Services Department’s Internet site at http://www.tucsonprocurement.com/.

    • PROTESTS

      Any interested party, may, in accordance with Article IX of the Tucson Procurement Code, protest either this solicitation or the award of a Contract under this solicitation. A protest based on alleged improprieties in this solicitation must be filed no later than five (5) working days before the Proposal Submittal Deadline. A protest of a proposed or actual award must be filed no later than ten (10) calendar days after the City issues a Notice of Intent to Award or, if no Notice of Intent to Award is issued, after the City issues a Notice of Award.

      A protest must be made in writing and filed with the Contract Officer. It must include:

      1. The name, address, and telephone number of the protestant;
      2. The signature of the protestant or its representative;
      3. The solicitation or Contract number;
      4. A detailed statement of the legal and factual grounds for the protest along with copies of all relevant documents; and
      5. The form of relief requested.
    • DEFAULT IN ONE INSTALLMENT TO CONSTITUTE TOTAL BREACH

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

    • CONFIDENTIAL INFORMATION

      The City is obligated to abide by the Arizona Public Records Law, A.R.S. §§ 39-101 through 39-161. If Offeror believes that any portion of its proposal, offer, specification, protest or correspondence contains information that is confidential and subject to being withheld from disclosure in the event that the City receives a public records request to which the record is responsive, Offeror must, when the record is submitted, provide the Contract Officer written notification of that fact. The records or portions of records that Offeror wishes to be treated as confidential must also be clearly marked “CONFIDENTIAL” on their face. Pricing will not be treated as confidential.

      If the City, after award notification, receives a public-records request to which a Contractor record marked “CONFIDENTIAL” is responsive, City will notify Offeror in writing. Unless Offeror, within 10 days after the date of that notice, obtains and provides to City an order from a court of competent jurisdiction prohibiting the City from releasing the records, the City may release the records without any liability to Offeror.

    • LIVING WAGE REQUIREMENTS

      The Contractor shall comply with all applicable provisions of the City’s Living Wage Ordinance (Article XIV of the Tucson Procurement Code). Contractor further agrees, upon request, to affirm in writing that Contractor is in compliance. The City’s Living Wage ordinance can be found at the following link: https:/ucsonprocurement.com/bidders_livingwage.aspx

    • Policy Change Notice.

      Contractor will give the City 10 days advance written notice before any of the above policies are changed in any manner that is inconsistent with the requirements of this Contract. The notice must be sent directly to the Procurement Division of the Business Services Department.

    • DELIVERABLES PROPERTY OF CITY; NO LIENS

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

      All deliverables supplied to the City under this Contract will be free of all liens and encumbrances.

    • PRICE ADJUSTMENT

      The City will review fully documented requests for price adjustment after any Contract has been in effect for one (1) year. Any price adjustment will only be made at the time of Contract renewal and/or extension and will be a factor in the extension review process. The City will determine whether the requested price adjustment or an alternate option, is in the best interest of the City. Any price adjustment will be effective upon the effective date of the Contract extension.

    • Additional Insured

      The Commercial General Liability, Commercial Automobile Liability and umbrella policies where applicable will include the City as an additional insured with respect to liability arising out of the performance of this contract. The City must be covered to the full policy limits, even if those limits of liability are in excess of those required by this Contract.

    • CERTIFICATION OF NONCOLLUSION; CONFLICTS OF INTEREST

      By submitting a response, Offeror warrants that:

      1. Preparation and submission of the submittal did not involve collusion or other anti-competitive practices.
      2. Offeror has not given, offered to give, nor intends to give at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, meal or service to a public servant in connection with this solicitation.
      3. No person has been employed or retained to solicit or secure a Contract under this solicitation upon a promise of a commission, percentage, brokerage, or contingent fee.
      4. No member of the City of Tucson Mayor and Council or any employee of the City involved in this solicitation process has any financial interest in Offeror’s firm.

      The City may disqualify Offeror from further participation in the solicitation process if the City determines that Offeror has an actual or apparent conflict of interest or has engaged in any collusion or anti-competitive practices.

    • DUPLEXED/RECYCLED PAPER

      Whenever practicable, all printed materials produced by Contractor in the performance of this Contract will be duplexed (two-sided copies), printed on recycled paper, and labeled as such.

    • WHEN AND HOW TO SUBMIT PROPOSALS

      In order to be considered, Offeror must, no later than the Submittal Deadline, submit its response electronically through the City’s online bidding system. Submittal instructions and online bidding system can be found at the following link: https://www.tucsonprocurement.com/

      NOTE: THE ENTIRE PROPOSAL MUST BE IN "“SUBMITTED"” STATUS IN THE CITY’S ONLINE BIDDING SYSTEM IN ORDER TO BE CONSIDERED. RESPONSES THAT HAVE BEEN CREATED IN THE SYSTEM, BUT THAT ARE NOT IN "“SUBMITTED"” STATUS BY THE PROPOSAL SUBMITTAL DEADLINE WILL NOT BE CONSIDERED.

       

       

    • REVENUE ADJUSTMENT

      The City will review fully documented requests for revenue adjustment after any Contract has been in effect for one (1) year. Any revenue adjustment will only be made at the time of Contract renewal and/or extension and will be a factor in the extension review process. The City will determine whether the requested adjustment or an alternate option, is in the best interest of the City. Any adjustment will be effective upon the effective date of the Contract extension.

    • ENTIRE CONTRACT; INTERPRETATION

      This Contract, which includes all the conditions and requirements set forth in the solicitation and all Amendments to the solicitation, all the Special Terms and Conditions and Standard Terms and Conditions, and all the terms of the submittal submitted by Contractor as finally negotiated and accepted by the City, constitutes the entire agreement of the parties regarding the services described in the Scope of Work and will prevail over any and all previous agreements, contracts, proposals, negotiations, purchase orders, or master agreements in any form.

      No course of prior dealings between the parties and no usage of the trade will be deemed to supplement or explain any term used in the Contract.

    • Acceptability of Insurers

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

    • SECTION 3 HUD CLAUSE

      Sec. 135.38 Section 3

      1. The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing.
      2. The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which implement section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations.
      3. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin.
      4. The contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135.
      5. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR part 135.
      6. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts.
      7. With respect to work performed in connection with section 3 covered Indian housing assistance, section 7(b) of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of section 3 and section 7(b) agree to comply with section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b).

      HUD Act of 1968, Section 3 Requirements, as revised June 30, 1994: The successful Contractor shall comply with the provisions of Section 3 as set forth in 24 CFR part 135 and all other applicable rules in the hiring of replacement and new personnel. Interested offerors shall complete and submit necessary forms from Section 3 Special Conditions with their offer. Contract amount will be the total labor, materials, overhead, change orders and other costs relative to the project. Total labor dollars shall mean 35% of the contract amount. A sliding scale to calculate the Section 3 obligation shall apply in determining the contractual obligation due. The general Section 3 requirements are shown as Section 3 Special Conditions in this Request for Qualifications. Contact Al Moreno at (520) 837-5321 with all questions regarding the Section 3 Clause and Section 3 Special Conditions.

    • SUBSTITUTE ITEMS

      In the event that a product or model provided under the contract is discontinued by the manufacturer, the City at its sole discretion may allow the Contractor to provide a substitute for the discontinued item. The Contractor shall request permission to substitute a new product or model and provide the following:

      • A formal announcement from the manufacturer that the product or model has been discontinued.
      • Documentation from the manufacturer that names the replacement product or model.
      • Documentation that provides clear and convincing evidence that the replacement meets or exceeds all specifications required by the original solicitation.
      • Documentation that provides clear and convincing evidence that the replacement will be compatible with all the functions or uses of the discontinued product or model.
      • Documentation confirming that the price for the replacement is the same as or less than the discontinued model.
    • Verification of Coverage

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

      All certificates and endorsements are to be received and approved by the City of Tucson before work commences. Each insurance policy required by this Contract must be in effect at or prior to commencement of work and remain in effect for the duration of the contract and two (2) years after completion. Failure to maintain the insurance policies as required by this Contract, or to provide evidence of renewal upon the City’s request, is a material breach of contract.

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

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

    • FEDERAL IMMIGRATION LAWS AND REGULATIONS

      Contractor warrants and will require each subcontractor performing work on this Contract to warrant that it will comply with all federal immigration laws and regulations that relate to its employees and with the requirements of A.R.S. § 23-214(A). A breach of this warranty will be deemed a material breach of this Contract that is subject to penalties up to and including termination of this Contract. City may inspect the records of any employee of Contractor or any subcontractor performing work on this Contract to monitor Contractor’s and its subcontractors’ compliance with this warranty.

    • 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 ninety (90) days after the proposal due date and time.

    • Subcontractors

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

    • WITHDRAWAL OF SUBMITTAL; BINDING OFFER

      By submitting a response to this solicitation, Offeror is offering to enter into the Contract with the City. Offeror may withdraw a submitted response at any time prior to the Submittal Deadline. Submittals can be withdrawn by clicking "unsubmit proposal" in the online bidding system.

    • TERM AND RENEWAL

      The term of the Contract shall commence upon award and shall remain in effect for a period of five (5) year, unless terminated, canceled or extended as otherwise provided herein. The Contractor agrees that the City of Tucson shall have the right, at its sole option, to renew the Contract for N/A additional one-year periods or portions thereof. In the event that the City exercises such rights, all terms, conditions and provisions of the original Contract shall remain the same and apply during the renewal period with the possible exception of price and minor scope additions and/or deletions.

    • FINANCIAL RECORDS AND AUDITS
      1. Financial Controls and Accounting Records. Contractor will exercise internal controls over all financial transactions related to this Contract in accordance with sound fiscal policies. Contractor will maintain books, records, documents, and other evidence directly pertinent to the performance this Contract in accordance with generally accepted accounting principles and practices consistently applied, and other local, state or federal regulations.
      2. Retention Period. Contractor will maintain those records, together with related or supporting documents and information, at all times during the term of this Contract and for a period of 3 years after its expiration or termination.
      3. Audits. The City and its authorized representatives may, with advance written notice to Contractor, during the term of this Contract or thereafter during the above retention period, inspect and audit Contractor's books and records that relate to its operations under this Contract as well as those kept by or under the control of its agents, assigns, successors and subcontractors. The Contractor will, at its expense, make such books and records available for such inspection and audit during normal business hours at Contractor’s office, place of business, or other agreed-upon location, or will provide copies by mail or electronically. The City may, as part of its examination, make copies of, or extracts from, all such books and records (in whatever form they may be kept, whether written, electronic, or other).
      4. Result of Audit. If, as a result of such audit, Contractor is liable to the City for the payment of any sum, Contractor will pay such sum to the City together with interest thereon at the rate of one percent (1%) per month from the date such sums should have been paid, or the date of any overpayment by City, within 90 days after presentation of City’s findings to Contractor. If the audit results in findings of fraud, misrepresentation, or non‐performance, Contractor will pay the City’s costs of conducting the audit. The City's audit rights will survive the expiration or termination of this Contract.
      5. Subcontractors and Assigns. Contractor will include these Section H.31 requirements in every agreement with any agent, assign, successor, and subcontractor who provides construction, professional design services, goods or services under this Contract.

       

       

    • Exceptions

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

    • DISCUSSIONS/CLARIFICATIONS

      The City may, at its discretion, conduct discussions with Offeror for the purpose of eliminating minor irregularities, informalities, or apparent clerical mistakes in Offeror’s submittal in order to clarify the offer and assure full understanding of, and responsiveness to, solicitation requirements.

    • TERM

      The term of the Contract shall commence upon award and shall remain in effect for a period of five (5) year, unless terminated, or canceled.

    • FORCE MAJEURE

      Except for payment of sums due, neither party will be liable to the other nor deemed in default under this Contract if and to the extent that such party's performance of this Contract is prevented by reason of Force Majeure. The term "Force Majeure" means an occurrence that is beyond the control of the party affected and occurs without its fault or negligence. Force Majeure does not include late performance by a subcontractor unless the delay arises out of a Force Majeure occurrence.

      If either party is delayed at any time in the progress of the work by Force Majeure, the delayed party must notify the other party in writing of the delay as soon as practical, including when the delay commenced and its cause. The notice must make a specific reference to this article to fall within its protection. The delayed party must resume performance as soon as practicable and must notify the other party in writing when it has done so. The parties will modify the Contract to agree upon the period of time by which the excused delay extends any completion dates.

    • TRAVEL EXPENSE ALLOWANCES

      The City’s allowance is limited to the total expense resulting from traveling directly to the destination and staying only the number of days necessary to conduct official business. The Consultant is encouraged to arrive earlier or stay longer than is necessary if doing so will result in savings to the City. In some cases, because of airline discount terms, an additional day(s) of travel will result in substantial airfare savings -- enough savings to offset additional lodging and per diem costs. The Consultant shall fly coach when the flight includes both coach and first-class seats. First-class seats may be allowed if coach seats are not available and no other flight can be substituted. At travel destinations, the City will reimburse the Consultant for the use of airport limousines and taxis. No receipts are required for reimbursement of such expenses. Additional fees or fares incurred during air travel must be substantiated by a receipt. The total reimbursement for vehicular transportation shall in no case exceed the amount that would be incurred using air transportation. Travel by personal vehicle shall be reimbursed in accordance with the current Federal per diem rates. All vehicular parking or storage costs will be reimbursed. Receipts are not required. Vehicle expense reimbursements will be paid only to the vehicle owner. Passengers are not entitled to vehicular expense reimbursement.

      The City will pay the actual cost of rooms including tax based upon the Federal Per Diem rates. Both the room rate and tax paid must be substantiated by a receipt that indicates payment has been made. All in-state travel will be reimbursed at the City’s per diem rate. A complete list of the Federal GSA Per Diem rates are available at: http://www.gsa.gov/portal/category/100120.

      For meals and miscellaneous expenses, the Consultant may choose to receive either (1) the Federal GSA per diem amount (a flat rate), or (2) a reimbursement for actual expenses. A higher dollar amount is allowed under the actual expense reimbursement option; however, receipts must be retained under this option. The Consultant is not required to keep receipts if the per diem option is chosen.

      Only one method of reimbursement can be used for the entire trip (i.e., the Consultant cannot request a per diem amount for some days and actual expense reimbursement for other days).

      Meals provided for by another agency or others will be subtracted, if the per diem allowance is elected. For days of arrival and departure, the per diem amount will be determined by adding the amounts below for each meal the Consultant eats at the travel destination. The FY12 meal per diem for Tucson, Arizona is as follows:

      The Consultants who select the per diem option and spend less than the per diem amount are encouraged to request a reimbursement only for the amount actually spent. No receipts are required to receive actual reimbursement where the amount requested is less than or equal to the per diem amount.

      Miscellaneous expenses include local phone calls, snacks, and gratuities. Miscellaneous expenses are included in the per diem rate. If the actual expense reimbursement option is chosen for out-of-state travel, receipts are required for miscellaneous expenses.

      Long distance telephone charges are allowed for official calls, and are governed by the following: Calls for official City business other than to City offices shall be paid by the Consultant. The Consultant will be reimbursed upon submission of appropriate documentation relative to cost and purpose of the call, and with the approval of the City Representative for this contract. Calls other than City business shall not be made at City expense.

      The above is pursuant to City policy: Administrative Directive 3.03-1, Travel Authorization and Expense Allowance.

    • TAX OFFSET POLICY

      If applicable, in evaluating price proposals, the City shall include the amount of applicable business privilege tax, except that the amount of the City of Tucson business privilege tax shall not be included in the evaluation.

    • GRATUITIES

      The City may, by written notice to the Contractor, terminate this Contract if it finds that gratuities, in the form of entertainment, gifts, meals or otherwise, were offered or given by Contractor or any agent or representative of Contractor, to any officer or employee of the City to influence the award of this Contract or any determinations with respect to the performance of this Contract. In the event this Contract is terminated by the City pursuant to this provision, the City will be entitled, in addition to any other rights and remedies, to recover or withhold from Contractor the amount of the gratuity.

    • GOVERNING LAW AND VENUE

      This Contract is governed by, and the City and Contractor will have all remedies afforded to each by, the Tucson Procurement Code and the laws of the State of Arizona. State law claims regarding this Contract must be brought in Pima County Superior Court.

    • CONTRACT NEGOTIATIONS

      Exclusive or concurrent negotiations may be conducted with responsible offeror(s) for the purpose of altering or otherwise changing the conditions, terms and price of the proposed contract unless prohibited. Offerors shall be accorded fair and equal treatment in conducting negotiations and there shall be no disclosure of any information derived from proposals submitted by competing offerors. Exclusive or concurrent negotiations shall not constitute a contract award nor shall it confer any property rights to the successful offeror. In the event the City deems that negotiations are not progressing, the City may formally terminate these negotiations and may enter into subsequent concurrent or exclusive negotiations with the next most qualified firm(s).

    • HUMAN RELATIONS

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

    • VENDOR REGISTRATION; BUSINESS LICENSE

      In order to be eligible for award of a Contract, Offeror must:

      1. Register with the City’s Business Services Department. Registration can be completed at http://www.tucsonprocurement.com/ by clicking on Vendor Services. Please note that email notifications of newly published solicitations and amendments will be provided to those vendors that select email as their preferred delivery method in their vendor record.
      2. Obtain a City of Tucson Business License or a written determination from the City'’s Business License Section that a license is not required. Application for a City Business License can be completed at http://www.tucsonaz.gov/etax. For questions contact the City'’s Business License Section at (520) 791-4566 or email at tax-license@tucsonaz.gov.
    • INDEMNIFICATION

      To the fullest extent permitted by law, Contractor, its successors, assigns and guarantors, shall pay, defend, indemnify and hold harmless City of Tucson, its agents, representatives, officers, directors, officials and employees from and against all allegations, demands, proceedings, suits, actions, claims, including claims of patent or copyright infringement, damages, losses, expenses, including but not limited to, attorney fees, court costs, and the cost of appellate proceedings, and all claim adjusting and handling expense, related to, arising from or out of or resulting from any actions, acts, errors, mistakes or omissions caused in whole or part by Contractor relating to work, services and/or products provided in the performance of this Contract, including but not limited to, any Subcontractor or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable and any injury or damages claimed by any of Contractor’s and Subcontractor’s employees. It is agreed that Contractor will be responsible for primary loss investigation, defense and judgment costs where this indemnification is applicable. The Contractor agrees to waive all rights of subrogation against the City of Tucson, it's agents, representatives, officers, directors, officials, employees and volunteers for losses arising from the work performed by the Contractor for the City of Tucson.

      Contractor is responsible for compliance with the Patient Protection and Affordable Care Act (ACA), for its employees in accordance with 26 CFR §54. 4980H. Additionally, Contractor is responsible for all applicable IRS reporting requirements related to ACA. If Contractor or any of Contractor’s employees is certified to the City as having received a premium tax credit or cost sharing reduction which contributes to or triggers an assessed penalty against the City, or Contractor fails to meet reporting requirements pursuant to section 6056 resulting in a penalty to City, Contractor indemnifies City from and shall pay any assessed tax penalty.

    • INDEPENDENT CONTRACTOR

      Neither party is the agent, employee, partner, joint venturer, or associate of the other. No employee or agent of one party will be deemed or construed to be the employee or agent of the other party for any purpose. Neither party will be liable for any debts, accounts, obligations or other liabilities whatsoever of the other, including (without limitation) the other party's obligation to withhold Social Security and income taxes for itself or any of its employees.

    • UPON NOTICE OF INTENT TO AWARD

      The apparent successful offeror shall sign and file with the City, within five (5) days after Notice of Intent to Award, all documents necessary to the successful execution of the Contract.

    • INSPECTION AND ACCEPTANCE

      All materials and services provided to the City under this Contract are subject to final inspection and acceptance by the City. Any materials or services failing to conform to the specifications of this Contract must be promptly replaced or redone at Contractor’s cost. Nonconforming goods or services may be deemed a default and result in Contract termination.

    • INTELLECTUAL PROPERTY

      If manufacture, sale, or use of any method, process, machine, technique, design, living thing, genetic material, or composition of matter, or any part thereof (“Product”) by Contractor in performing its duties under this Contract is determined to constitute infringement and if further manufacture, sale, or use of said Product is enjoined, Contractor will, at its own expense, either procure for the City the right to continue manufacture, sale, or use of that Product, replace it with an alternative non-infringing Product, or modify it so it becomes non-infringing.

      If requested by City, Contractor will provide the City with satisfactory evidence of patent licenses or patent releases covering City-specified proprietary materials, equipment, devices or processes.

    • AWARD OF CONTRACT

      Notwithstanding any other provision of the Request for Proposal, 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 the Request for Proposal.

      A response to this Request for Proposal is an offer to contract with the City based upon the terms, conditions and Scope of Work contained in the City's Request for Proposal. Proposals do not become contracts unless and until they are executed by the City's Business Services Director and the City Attorney. A contract has its inception in the award, eliminating a formal signing of a separate contract. All of the terms and conditions of the contract are contained in the Request for Proposal, unless any of the terms and conditions are modified by a Request for Proposal amendment, a Contract Amendment, or by mutually agreed terms and conditions in the Contract documents.

    • ISRAEL BOYCOTT DIVESTMENT

      If this Contract has a value of $100,000 or more, Contractor certifies that it is not currently engaged in, and will not during the term of this Contract engage in, a boycott of goods or services from Israel as defined in A.R.S. § 35-393.

    • PROPOSAL RESULTS

      The name(s) of the successful offeror(s) will be posted on the Procurement Department’s Internet site at http://www.tucsonprocurement.com/ upon issuance of a Notice of Intent to Award or upon final contract execution.

    • LICENSES

      Contractor will maintain in current status all Federal, State, and local licenses and permits required for the operation of the business conducted by the Contractor as applicable to this Contract. Contractor will, at the request of the City at any time during the term of this Contract, give the City a valid copy of its business license or, if it is exempt, a written determination from the City Business License Section that a business license is not required.

    • PROTESTS

      A protest shall be in writing and shall be filed with the Business Services Director. A protest of a Request for Proposal shall be received at the Department of Procurement not less than five (5) working days before the Request for Proposal due date. A protest of a proposed award or of an award shall be filed within ten (10) days after issuance of notification of award or issuance of a notice of intent to award, as applicable. A protest shall include:

      1. The name, address, and telephone number of the protestant;
      2. The signature of the protestant or its representative;
      3. Identification of the Request for Proposal or Contract number;
      4. A detailed statement of the legal and factual grounds of protest including copies of relevant documents; and
      5. The form of relief requested.
    • NO WAIVER

      No provision in this Contract acts expressly or by implication as a waiver by either party of any existing or future right and/or remedy available at law in the event of any claim, default or breach of contract. If either party fails to insist upon the other’s strict performance of any duty or condition under this Contract or fails to exercise or delays in exercising any right or remedy provided in this Contract or by law, or accepts nonconforming materials or services, that party will not be deemed to have waived its right to insist thereafter upon the strict performance of the Contract.

    • NON-DISCRIMINATION

      Contractor will comply with all provisions and requirements of Arizona Executive Order 2009-09, which is hereby incorporated into this Contract, including flow-down of all provisions and requirements to any subcontractors. During the term of this Contract, Contractor will not discriminate against any employee, client, or any other individual in any way because of race, color, religion, ancestry, sex, age, disability, national origin, sexual orientation, gender identity, familial status, and/or marital status.

    • NON-EXCLUSIVE CONTRACT

      This Contract is for the sole convenience of the City, which may obtain like goods or services from other sources.

    • OVERCHARGES BY ANTITRUST VIOLATIONS

      To the extent permitted by law, Contractor hereby assigns to the City any and all claims that Contractor has for overcharges by any subcontractor or supplier of goods or services used by Contractor to fulfill this Contract that relate to antitrust violations.

    • PAYMENT
      1. Form of Payment. Unless otherwise specified elsewhere in this Contract, the City is permitted to make payments to Contractor using any lawful method of payment, including check/warrant, credit card, or electronic funds transfer.
      2. Invoices. Unless City pays by credit card at time of order or point of sale, Contractor will issue to the City a separate invoice for each shipment of materials or provision of services under this Contract, and City will issue no payment prior to receipt of the goods or services and the related invoice. The invoice may not be dated prior to the receipt of goods or completion of services.
      3. Timing of Payments. The City will make commercially reasonable efforts to process payments due under this Contract within 21 calendar days after receipt of materials or services and a correct invoice.
      4. Payment Discounts. Any early- or timely-payment discounts included in Contractor’s submittal will apply to all payments under this Contract. The payment period for purposes of determining whether the discount applies to a particular payment will begin on the date the City receives the materials/service or a correct invoice for the materials/service, whichever is later, and will end on the date City’s payment is issued. Unless freight and other charges are itemized, the discount will be calculated using the full invoice amount.
    • PROTECTION OF CITY PROPERTY

      If this Contract requires Contractor to perform any work on City-owned property, Contractor will use reasonable care to avoid damaging existing buildings, equipment, and vegetation (such as trees, shrubs, and grass) on the property. Contractor will replace or repair any damage caused by Contractor or any employee, agent, or subcontractor of Contractor, at no expense to the City. If Contractor fails or refuses to make such repair or replacement, the City will estimate the cost of repair and, upon receiving an invoice from the City for that estimated cost, Contractor will pay the City the invoiced amount. City may, at its discretion, instead deduct the amount from any payments due Contractor under this or any other City contract.

      Contractor will, during the course of its work on City property, keep the work area, including any storage areas used by the Contractor, free from accumulation of waste material or rubbish. Upon completion of the work, Contractor will leave the work area in a clean and neat condition, free of any debris, and will remove any non-City-owned materials or equipment or other personal property that it has caused to be located on the City property.

    • PROVISIONS REQUIRED BY LAW

      This Contract will be deemed to include every provision required by law to be included. If through mistake or otherwise any such provision is not included, or is included incorrectly, then upon request by either party the parties will amend the Contract to insert or correct the required provision.

    • RECORDS

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

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

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

    • RIGHT TO AUDIT

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

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

      If, as a result of such audit, the Contractor is liable to the City for the payment of any sum, Contractor shall promptly pay such sum to the City together with interest thereon at the rate of one percent (1%) per month from the date such sums should have been paid. Payment shall be made within 90 days from presentation of City’s findings to Contractor.

      If the audit discovers substantive findings related to fraud, misrepresentation, or non‐performance, City may recoup the costs of the audit work from the Contractor. The City's rights under this provision shall survive the expiration or termination of the Contract

    • RIGHT TO ASSURANCE

      If a party to this Contract has reason to question, in good faith, the other party's intent to perform, the former party may demand that the other party give a written assurance of their intent to perform. In the event that a demand is made and no written assurance is given within 5 business days, the demanding party may treat this failure as a default.

    • RIGHT TO INSPECT

      The City may from time to time during normal business hours, at the City's expense, inspect the Contractor’s or any subcontractor’s place of business at which work under this Contract is being performed.

    • SEVERABILITY

      The provisions of this Contract are severable. If any provision or application of a provision of this Contract is held to be invalid, that will not affect the validity of any other provision or application of a provision that can remain meaningfully effective without the invalidated provision or application.

    • SHIPMENT UNDER RESERVATION

      No tender of a bill of lading shall operate as a tender of the materials. Non-compliance shall conform to the termination clause set forth within this document.

    • SUBCONTRACTS

      Contractor may not enter into any subcontracts for work under this Contract without the advance written approval of the City's Business Services Director. All subcontracts will incorporate all the terms and conditions of this Contract. Contractor is responsible for contract compliance and quality of work of any subcontractors used.

    • TERMINATION OF CONTRACT
      1. For Convenience. The City may terminate this Contract at any time, with or without cause, with 30 days’ advance written notice to Contractor. If the City terminates the Contract, it will be liable only for payment for services rendered and accepted before the effective date of the termination.
      2. For Cause. The City may terminate this Contract if any Contractor representation or warranty is found to have been inaccurate when made or is no longer accurate, or if Contractor fails to carry out or abide by any term or condition of the Contract and fails to remedy the problem within 10 days after receipt of notice of default from the City for monetary defaults, or within 30 days after notice if the default is non-monetary.
      3. Non-Appropriation. Each payment obligation of the City created by this Contract is conditioned upon the availability of funds that are appropriated or allocated for the payment of such obligation. If funds are not appropriated by the City and available for the continued purchase of the services and/or materials provided under this Contract, this Contract may be terminated by the City at the end of the period for which funds are available. The City will endeavor to notify Contractor in the event that continued service will or may be affected by non-appropriation. No penalty will accrue to the City in the event this provision is exercised, and the City will not be liable for any future payments due or for any damages as a result of termination under this paragraph.

       

       

    • TITLE AND RISK OF LOSS

      The title and risk of loss of any goods provided under this Contract will not pass to the City until the City actually receives the goods at the point of delivery and thereafter accepts them. No tender of a bill of lading will operate as a delivery of the materials.

    • WAGE COMPLIANCE

      Contractor shall pay their eligible employees the highest of:

       

      (a) the City of Tucson minimum wage

       

      (b) the State of Arizona minimum wage

       

      (c) if applicable, the Tucson Living Wage

       

      Contractor shall cooperate with all efforts of the City of Tucson’s Labor Standards Unit (LSU) to monitor and ensure compliance with applicable labor standards to include, but not be limited to, the following:

       

      • Providing copies of pertinent documentation upon request

       

      • Cooperating with audits and interviews

       

      • Abiding by deadlines and adhering to due dates for determinations and appeals filings

       

      Contractor agrees to educate their employees on the applicable wage(s) that law requires them to minimally be paid.

       

      All timely complaints that are received by the LSU will be evaluated in accordance with the procedures posted on the LSU’s webpage: www.tucsonaz.gov/minimumwage

       

       

    Submission Requirements

    • Discounts

      As stated in the Instructions to Offerors. Discounts, the price(s) herein can be discounted by _______%, if payment is made within ______ days. These payment terms shall apply to all purchases and to all payment methods.

    • Cooperative Purchasing Program
    • Cooperative Purchasing Program

      Cooperative Purchasing allows other public agencies to piggyback on the City of Tucson’s contracts. Will your firm provide the City of Tucson, as the lead agency on this regional contract, a rebate in the form of a percentage of sales based upon the other agencies sales?

    • If yes, state percentage.
    • City of Tucson Business License

      Does your firm have a City of Tucson Business License?

      If yes, please provide a copy of your City of Tucson Business license in the next question.

    • City of Tucson Business License

      If you chose yes on the above question please upload your business license.

    • Credit Card Payment
    • Will payment be accepted via commercial credit card?
    • If yes, can commercial payment(s) be made online?
    • Will a third party be processing the commercial credit card payment(s)?
    • If yes, indicate the flat fee per transaction $___________ (as allowable, per Section 4.9 of the MasterCard Transaction Processing Rules).
    • If “no” to above, will consideration be given to accept the card?
    • Forms to be filled out

      Please ensure that all required information is included with your offer.

      1. Technical Proposal
      2. Pricing Proposal
      3. Offer and Acceptance Form
    • Technical Proposal

      Please upload your Vendor Response to Evaluation Criteria.

    • Pricing Proposal

      Please upload your Pricing Proposal (if applicable).

    • Offer and Acceptance Form (required)

      Please upload the signed Offer and Acceptance Form.

    • Living Wage (required)

      Will Living Wage Requirements be a part of the resulting contract?

    • Will the resultant contract have Federal Funding? (required)
    • Special Terms and Conditions (required)

      Please select the required language that should be included under Special Terms and Conditions for this project. Please select all that apply.

    • Insurance Requirements (required)

      Please select the additional insurance coverages required for this project. Please select all that apply.

    • Initial Term of Contract (required)

      What is the inital term of the contract?

      Please use the following format: one (1)

    • Extension Options (required)

      Will extension options for renewal be given with this contract?

    • Extension Term (required)

      What is the extension term of the contract?

      Please use the following format: four (4)

      If no extension options will be given, please enter "N/A".

    • Liquidated Damages (required)

      What is the amount per calendar day for Liquidated Damages for this project?

      Use the following format: $250.00

      If Liquidated Damages will not be assessed, please type "N/A".

    • Bid Surety Percentage (required)

      What is the percentage of the total bid/offer for the bid surety for this project?

      Use the following format: ten (10)

      If Bid Surety is not being used, please type "N/A".

    • Bid and Performance Bond (required)

      What is the minimum dollar amount of the annual bid and performance bond for this project?

      Use the following format: $7,500.00

      If not using Bids and Performance Bonds, please type "N/A".

    • Pricing (required)

      Will you build the pricing in OpenGov Procurement (OG Pro)?

    • Separate Pricing Document (required)

      If you will be requesting the pricing to be provided by the vendor outside of the OpenGov system, have you attached the required document to this solicitation?

    Key dates

    1. March 14, 2022Published
    2. September 11, 2026Responses Due

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    SLED stands for State, Local, and Education. These are solicitations issued by state governments, counties, cities, school districts, utilities, and higher education institutions — as opposed to federal agencies.

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