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  • pg 1
									                City of Phoenix
      National League of Cities Host City
                                       --


          REQUEST FOR PROPOSALS


              RFP NLC11-OO1
    DESTINATION MANAGEMENT COMPANY

                PRE-PROPOSAL MEETING
             9:30 A.M. PHOENIX LOCAL TIME
                 TUESDAY, MAY 10, 2011
               302 N. 1ST AVE. 9TH FLOOR
                              —


                 CONFERENCE ROOM 9A
                    PHOENIX, AZ 85003

                   PROPOSAL DUE DATE
        2 P.M. PHOENIX LOCAL TIME, MAY 23, 2011
ATTN: MELISSA SWEINHAGEN, PUBLIC TRANSIT DEPARTMENT
                302 N. 1ST AVE. 9TH FLOOR
                              —


                    PHOENIX, AZ 85003


                 City of Phoenix Contact:

       Melissa Sweinhagen, Management Assistant III
                   Office: (602) 262-1823
                    FAX: (602) 495-2002
              melissa.sweinhaqen@phoenix gov
                              CITY OF PHOENIX
                    NATIONAL LEAGUE OF CITIES HOST CITY-


                     DESTINATION MANAGEMENT COMPANY
                       2011 REQUEST FOR PROPOSALS
                               -




Outlined below is a schedule of activities for this REP process:


Issue Request for F     sals ~ a-i-) (FL~~. to Internet)              May 3, 2011
Optional Pre-Proposal Meeting                                         May 10
Phoenix Public Transit Building, 302 N. 1st Ave., gth Fl., Room 9A,
9:30A.M.
DMCs’ Written Questions Due By 2 p.m. M.S.T.                          May 13
~ddendum (City’s responses to Written Questions) Posted to            May 17
Internet By 5 p.m. MST
Submittals Due to Phoenix Public Transit Building, 302 N. 1st Ave.,   May 23
9th_El.,_2_p.m._MST_(“Submittal_Date”)
DMC Interviews (if_required)                                          Week of May 31
~ward Recommendation                                                  Early June
Contract Start Date                                                   Mid June


All dates are subject to change without prior notice. The City of Phoenix is not
responsible for cost or losses incurred by any DMC due to date changes.




                                            2
                          CITY OF PHOENIX
                NATIONAL LEAGUE OF CITIES HOST CITY -


                 DESTINATION MANAGEMENT COMPANY
                   2011 REQUEST FOR PROPOSALS
                           -




                               TABLE OF CONTENTS        -




SECTION                                                     PAGE

I.     INTRODUCTION                                           4

II.    SCOPE OF SERVICES                                      6

III.   RFP INSTRUCTIONS AND EVALUATION                         9

IV.    REQUIREMENTS                                           14

V.     STANDARD TERMS & CONDITIONS                            21

VI.    PROPOSAL SUBMITTALS & FORMS                            34


ATTACH M ENTS
ATTACHMENT A    Mobile Workshops List (Tentative)
ATTACHMENT B    Spouse Trips List (Tentative)
ATTACHMENT C    Administrative Regulation 2.324




                                      3
                              CITY OF PHOENIX
                    NATIONAL LEAGUE OF CITIES HOST CITY-


                     DESTINATION MANAGEMENT COMPANY
                       2011 REQUEST FOR PROPOSALS
                               -




SECTION I   —   INTRODUCTION

1.1   Overview
      The City of Phoenix hosts a diverse range of conventions, trade shows, meetings
      and entertainment events in one of the premier convention facilities in the United
      States. The Convention Center holds nearly 900,000 square feet of meeting and
      exhibition space in downtown Phoenix.

      November 8 12, 2011, the City of Phoenix will be hosting a national event for
                    —


      approximately 3,000 attendees. Conference attendees will be invited to attend a
      range of in-town and out-of-town events ranging from 2-10 hours each in length.

1.2   Statement of Intent
      Based on responses to this REP, the City of Phoenix (“City”) intends to hire a
      Destination Management Company (“DMC”) to fully manage and coordinate a
      range of transportation requirements for the conference.

      Staff from various city departments will be managing the conference
      responsibilities. For this REP, a member of the Public Transit Department will be
      managing the process. Public Transit Department funding is in no way being
      utilized for this procurement.

 1.3    Schedule of Events
 REP Issue Date (Posted to Internet) May 3, 2011
fWritten Inquiries Due Date          May 13, 2011,2 p.m. MST
 Submittals Due to Public Transit    May 23, 2011, 2 p.m. MST
 Department



      Submittal Location:                Public Transit Department
                                         302 N. 1st Ave. gth Floor
                                                           —


                                         Phoenix, AZ 85003
                                         Deadline: 2 p.m. MST, May 23, 2011

      All dates are subject to change without prior notice. The City is not responsible
      for costs or losses incurred by any DMC due to any date changes.

      Complete REP and addenda may be downloaded by visiting:
      http://phoenix.qov/business/contractfopportunities/rtp/index. html
                        CITY OF PHOENIX
              NATIONAL LEAGUE OF CITIES HOST CITY-


               DESTINATION MANAGEMENT COMPANY
                 2011 REQUEST FOR PROPOSALS
                         -




Internet access is available at all Phoenix public libraries. DMCs without Internet
access may obtain this REP by calling 602-262-1823 or picking up a copy during
regular business hours at the Phoenix Public Transit Department, 302 N. 1st Aye,
9th Floor, Phoenix, AZ 85003.


The City of Phoenix takes no responsibility for informing recipients of changes to
the original REP document. It is the DMC’s responsibility to obtain a copy of any
addenda relevant to this REP. Failure to submit addenda with the REP may be
grounds for deeming a proposal non-responsive.

This REP is available in large print, Braille, audio tape, or computer diskette upon
request. For assistance please call 602-262-1 823/Fax 602-495-2002 or TTY
602-534-5500.




                                     5
                                      CITY OF PHOENIX
                            NATIONAL LEAGUE OF CITIES HOST CITY
                                                             -


                             DESTINATION MANAGEMENT COMPANY
                               2011 REQUEST FOR PROPOSALS
                                      -




      SECTION II— SCOPE OF SERVICES

      2.1      Overview of Requirements
               This section contains a description of the services the City expects to be
               performed by the DMC. DMCs should respond with the requested information in
               detail. DMCs shall provide all labor, material, equipment, and transportation
               services necessary to perform the services in accordance with the terms,
               conditions and specifications of this REP.

               All information provided in this REP is based on estimates based on previous
               conferences conducted by the same conference organization. Final attendance
               will be unknown until several weeks before the conference. Transportation
               requirements could increase or decrease based on last minute sign-ups &
               cancellations by conference attendees. All transportation services for mobile
               workshops, spouse trips, and conference special events shall be in place 15
               minutes prior to the required departure. A DMC staff person shall help
               load/unload for all conference events.

      2.2      Hotel Shuttles
               Hotel shuttles will tentatively run from Tuesday, November 8 through Saturday,
               November 12, 2011, 7:00 a.m. through 10:00p.m. Hotel shuttles must be
               provided for all conference attendees staying at conference hotels outside a
               three block radius of the Phoenix Convention Center North Building, Phoenix,
               Arizona. The hotels that require shuttle services are as follows:
                      • Hilton Garden Inn Phoenix Midtown, 4000 North Central Avenue
                      • Holiday Inn Hotel & Suites Airport, 1515 North 44th Street
                      • Holiday Inn Express & Suites Downtown Phoenix, 620 North 6th Street
                      • Marriott Springh ill Suites Phoenix, 802 East Van Buren Street
                      • Radisson Hotel Phoenix City Center, 3600 North 2nd Avenue

               Shuttle services must run every 15 minutes during peak hours and every 30
               minutes during non-peak hours. Peak hours will average two hours in the a.m.
               and two hours in the p.m., but final determination will occur closer to the
               conference date. At least one vehicle for each route must be handicap
               accessible.

2.3         Mobile Workshops
              Eleven mobile workshops are tentatively scheduled. These mobile workshops
              will run from two to four hours each, with two to three being offered per day
              beginning Tuesday, November 8 through Saturday, November 12, 2011. The
              mobile workshops will occur locally and travel to the following possible
              municipalities:
                      • CasaGrande
                      • Fountain Hills


                                                  6
                                    CITY OF PHOENIX
                          NATIONAL LEAGUE OF CITIES HOST CITY
                                                            -


                           DESTINATION MANAGEMENT COMPANY
                             201.1 REQUEST FOR PROPOSALS
                                     -




                    • Gilbert
                    • Glendale
                    • Goodyear
                    • Mesa
                    • Peoria
                    • Phoenix
                    • Queen Creek
                    • Scottsdale
                    • Tempe

             Based on previous conferences, two 55-passenger motorcoaches or similar per
             mobile workshop may address the mobile workshop transportation needs.
             However, transportation requirements may increase or decrease based on
             conference attendee sign-ups. A detailed description of the mobile workshops
             being tentatively offered to conference attendees is located in ATTACHMENT A.

2.4      Spouse Trips
           Two to four spouse trip options will be offered daily to spouses of conference
           attendees, tentatively from Tuesday, November 8 through Sunday, November
            13, 2011. These spouse trips can range from two to ten hours per trip, or even
           overnight, and can occur in town to as far away as the Grand Canyon. Based on
           previous conferences, a single vehicle may be sufficient to provide
           transportation. Because attendance can range from 10 75, DMCs are
                                                                    —


           encouraged to provide pricing options for transportation requirements possibly
           using two different-sized vehicles. In addition, DMCs should be prepared to
           provide a proposal for providing spouse trip attendees taxicab vouchers in
           circumstances where a large vehicle is not warranted. For a detailed list of the
           tentative spouse trips, please see ATTACHMENT B.

             In addition to the spouse trips listed in ATTACHMENT B, the DMC shall provide
             proposals for the following:

      2.4.1 Grand Canyon Trip
            Grand Canyon Trip DMC shall provide a proposal for a spouse trip to the
                                —


            Grand Canyon, stopping a minimum of once in Flagstaff. This trip shall include
            an overnight stay at lodging at the Grand Canyon. The proposal shall include
            times, locations, lodging options, stops and any other pertinent information. The
            DMC shall secure rooms for spouse trip attendees, collect and retain the lodging
            fees for the attendees. Therefore, the lodging fees shall not be included in the
            per person proposal for this trip as provided to the City.

  2.4.2 City Tour
        City Tour DMC shall provide a proposal for an in-town “City tour.” The proposal
                      —


        shall include times, locations, stops and any other pertinent information.

                                                 7
                                    CITY OF PHOENIX
                          NATIONAL LEAGUE OF CITIES HOST CITY
                                                            -


                           DESTINATION MANAGEMENT COMPANY
                             2011 REQUEST FOR PROPOSALS
                                    -




      2.4.3 Registration Table and Admissions/Lodging Collections
            Because some of the spouse trips may include destinations that require an
            admissions fee (such as the lodging on the Grand Canyon trip or a museum trip),
            the DMC shall:
                  • Provide a staffed registration table for spouse trip sign-ups during the
                      duration of the conference
                  • Collect all required admissions/fees from spouse trip attendees. The
                      admissions fee payments received by the DMC for the spouse trip
                      attendees shall be retained as revenue by the DMC, therefore, those
                     fees shall not be included in the per person pricing provided by the
                      DMC to the City.

2.5      Special Events
           • A Conference Board Dinner is tentatively scheduled for Wednesday,
               November 9, 2011 at the Phoenix Art Museum, 1625 North Central Avenue.
               This dinner may include 250 to 300 attendees. Transportation to and from
               the Phoenix Convention Center will be required.
           • A conference-wide event is tentatively scheduled for the Arizona Science
               Center, 600 East Washington. The date is tentatively scheduled for Saturday,
               November 12, 2011. Transportation costs would be based on prices quoted
               by the DMC and based on attendance. Transportation from several
               conference hotels to the conference-wide event and return trips would be
               required. Additional information on this potential event will be provided closer
               to conference date.




                                                 8
                               CITY OF PHOENIX
                     NATIONAL LEAGUE OF CITIES HOST CITY
                                                      -


                      DESTINATION MANAGEMENT COMPANY
                        2011 REQUEST FOR PROPOSALS
                               -




SECTION III   -   RFP INSTRUCTIONS AND EVALUATION

3.1    RFP Submittal
       Submittals shall be received no later than 2 p.m. M.S.T. on Monday, May
       23, 2011, to City of Phoenix Public Transit Department, 302 N. 1st Ave. 9th
                                                                               —


       Floor, Phoenix, Arizona 85003. Late submittals will not be considered.

       Submittals must be delivered in a sealed envelope with DMC’s name and
       address, and title of the REP clearly marked on the outside of the envelope.
       DMC shall submit one (1) original and five (5) hard copies of the REP
       response.

      All inquires that arise relating to this REP should be submitted in writing to
      Melissa Sweinhagen, via e-mail to melissa.sweinhaqen@phoenix.gov. To be
      considered, written inquires must be received by the date indicated in the
      Schedule of Events, Section 1.3. Inquiries received will be answered as an
      addendum and published at phoenix.qov/FINBIDS or
      http:llphoen ix. pov/business/contract/op~ortunities/rfp/index. html.

3.1.2 DMC(s) Incurred Costs
      Each DMC will be responsible for all costs incurred in or preparing for a response
      to this REP. All materials and documents submitted by DMC in response to this
      REP or any additional requests for materials and documents made by the City for
      evaluation pursuant to this REP will become the property of the City and will not
      be returned. Selected DMC shall be responsible for all costs incurred by it during
      any subsequent contractual negotiations.

3.1.3 Reservation of Rights by the City
      The City is not obligated to accept any submittal or to negotiate with any DMC.
      The City reserves the right to accept submittals which are deemed most
      favorable and in the best interests of the City after all submittals have been
      examined and canvassed, to reject any or all submittals, and to be the sole judge
      of the best DMC suited for the City.

      Issuance of this REP and the acceptance of an REP response do not constitute
      an agreement by the City that any contract shall actually be entered into by the
      City. The City expressly reserves the right to:
             1.     Waive any immaterial defect or informality in any REP response or
                    proposal procedure
             2.     Reject any or all REP responses
             3.     Reissue REP
             4.     Procure any service by any other means
             5.     Request additional information and data from any or all companies
             6.     Negotiate with any qualified DMC for resulting contracts
                               CITY OF PHOENIX
                     NATIONAL LEAGUE OF CITIES HOST CITY
                                                       —


                      DESTINATION MANAGEMENT COMPANY
                        2011 REQUEST FOR PROPOSALS
                               -




       The City may confirm any information provided in DMC’s submittal, or inspect
       any of DMC’s or subcontractors’ equipment/vehicles that would be utilized in
       connection with performing services under any resulting contract.

3.1.4 Right to Disqualify
      The City reserves the right to disqualify any DMC who fails to provide information
      or data requested or who provides materially inaccurate or misleading
      information or data. The City further reserves the right to disqualify any DMC on
      the basis of any real or apparent conflict of interest that is disclosed by DMC
      submitted or any other data or information available to the City. This
      disqualification is at the sole discretion of the City. By submission of an REP
      response hereunder, DMC waives any right to object now or at any future time,
      before any body or agency including, but not limited to, the Phoenix City Council
      or any court as to the exercise by City of such right to disqualify or as to any
      disqualification by reason of real or apparent conflict of interest determined by
      the City. The City reserves the right to replace the disqualified DMC.

3.L5    Materials Submitted
       All materials submitted in response to this REP become the property of the City
       upon delivery to the Public Transit Department and may be appended to any
       formal documentation that would further define or expand the potential
       contractual relationship between the City of Phoenix and DMC. Each DMC, as
       an express condition of such submittal, agrees that the contents of every other
       submittal are confidential and proprietary, and waives any right to access such
       submittals until 30 days after the award is made. No submission of supporting
       documentation will be returned to DMC except as part of a resulting contract with
       successful DMC.

       DMCs submitting for this RFP should recognize that the City is a public body
       and, as a public body, is subject to the disclosure requirements of Arizona’s
       public records law and must abide by public record laws. Neither party shall be
       liable for disclosures required by law.

3.1.6 Late Submittals Will Not Be Considered
      Submittals received after the stipulated deadline date and time will not be
      considered.

3.1.7 Inconsistency or Error in the RFP
      Any DMC believing that there is any ambiguity, omission, inconsistency, or other
      error in the REP shall promptly notify Melissa Sweinhagen in writing, via e-mail at
      melissa.sweinhaqen @ phoenix.qov by the written inquiries submittal date
      indicated in the Schedule of Events, Section 1.3. The City will provide
      instructions/clarifications in writing, and post them at
      http:llphoenix.gov/business/contract/opportunities/rfp/index.html. Failure to notify
                              CITY OF PHOENIX
                    NATIONAL LEAGUE OF CITIES HOST CITY-


                     DESTINATION MANAGEMENT COMPANY
                       2011 REQUEST FOR PROPOSALS
                               -




      the City by the RFP Submission Date will constitute a waiver of claim of
      ambiguity, omission, inconsistency or other error.

3.1.8 DMC Errors or Omissions
      The City is not responsible for any DMC’s errors or omissions.

3.2   Content of RFP Response
      REP responses should be concise, well-organized according to the requested
      information, and clearly written. Response must be limited to no more than
      twenty (20) single-sided, typed pages or ten (10) double-sided pages of
      letter-sized paper with Anal font of at least 12 pt.

      Materials listed below are to be included within this page limit:
       One-page cover letter
       All forms found in Section VI Proposal Submittal & Forms, including:
                                     —


              o Separate sheet with proposal for Grand Canyon Trip
              o Separate sheet with proposal for City Tour
       Overview of the firm addressing requested information listed below in
         paragraph 3.2.1
       Statement of Qualifications for each category addressing all qualification criteria
         listed below in paragraph 3.2.2
       Statement of Transportation Coordination capacity as listed below in paragraph
         3.2.3

      The City will only accept the hard-copy pages sent as part of the submittal, and
      will not accept additional digital or web materials. Response shall be specific and
      complete in every detail with concise information of your firm’s ability to meet the
      objectives of this REP. The page maximums are intended to encourage focused
      responses.

3.2.1 Overview of the Firm
      This section of the submittal should provide an overview of the DMC’s firm to
      include:
      • Name, title, address, e-mail address, telephone number and signature of the
          individual contractually authorized to bind the company and who may be
          contacted to discuss the REP response.
      • Identity of the firm and how long it has been in business.
      • Size and organizational structure.
      • Length of time the firm has been providing destination management services.
      • Any business-related pending litigation.




                                           11
                              CITY OF PHOENIX
                    NATIONAL LEAGUE OF CITIES HOST CITY—


                     DESTINATION MANAGEMENT COMPANY
                       2011 REQUEST FOR PROPOSALS
                               -




3.2.2 Statement of Qualifications
      DMC shall identify and describe at least three (3) conferences or activities
      substantially similar to the services requested by the City and within seven (7)
      years from the date of this REP. Provide company/organization name, address,
      client contact name and current phone number, date of service, and description
      of DMC services provided. Provide the names and roles of DMC’s lead staff who
      worked on these projects.

       Qualifications and experience of key personnel expected to be assigned to this
       conference.

3.2.3 Transportation Coordination
      Describe your intended conference management methods and how you would
      propose to coordinate all transportation services with Host City staff. Discuss
      your team’s overall capacity to provide the required services.

3.3   Evaluation and Selection
      A Selection Committee established by the City of Phoenix will evaluate all
      responses to the REP.

      A. The review process places considerable emphasis on the completeness of the
         REP response to the requirements outlined above. REP responses that are
         not written specifically in response to this request will not receive serious
         consideration.

      B. REP responses will be evaluated in accordance with the requirements listed in
         this REP.

      C. The City reserves the right to request supplemental information that the City
         deems necessary to make a selection or to request an interview with DMC.

      D. Reference checks may be used to determine the applicability of DMC
         experience to the services the City is requesting and the quality of services
         and staffing provided to prior clients, as well as project management abilities
         and effectiveness.

      E. Based on the evaluation of REP submittals, interviews may be requested with
         the DMC(s) considered to be in the competitive range of respondents. The
         number of firms contacted, as well as the specific services needed, is at the
         sole discretion of the City.

      F. Negotiations may or may not be conducted with DMCs; therefore, the
         proposal submitted should contain DMC’s most favorable terms and
         conditions, since the selection and award may be made without discussion


                                           12
                              CITY OF PHOENIX
                    NATIONAL LEAGUE OF CITIES HOST CITY
                                                      -


                     DESTINATION MANAGEMENT COMPANY
                       2011 REQUEST FOR PROPOSALS
                              -




         with any DMC.

      G. The City reserves the right to withdraw this RFP at any time without prior
         notice and, furthermore, makes no representations that any contract will be
         awarded to any DMC responding to this REP.

      H. City expressly reserves the right to postpone proposals opening for its own
         convenience, to waive any informality or irregularity in the proposals received,
         and to reject any and all proposals responding to this RFP without indicating
         any reasons for such rejection.

3.4   Protest
      In the event that the City determines that a DMC is not chosen for award of the
      contract, the DMC can protest by notifying the City in writing and in time to be
      received by the City within five (5) working days from the date on which the
      notice was made to the DMC. Protests shall be delivered to:

      City of Phoenix Public Transit Department
      302 N. 1st Ave. 9th Floor
                      —


      Phoenix, AZ 85003
      Attn: Melissa Sweinhagen

      Protest letter must include the following:
      • Name, address and telephone number of the protester
      • Signature of the protester or its representative
      • Identification of the official REP title
      • A detailed statement of the legal and factual grounds of protest including
         copies of relevant documents
      • The form of relief requested

3.5   Questions
      Questions relating to this REP must be directed in writing over email to:

      Melissa Sweinhagen, Management Assistant III at
      melissa.sweinhaqen@phoenix.gov
                              CITY OF PHOENIX
                    NATIONAL LEAGUE OF CITIES HOST CITY  -


                     DESTINATION MANAGEMENT COMPANY
                       2011 REQUEST FOR PROPOSALS
                                -




SECTION IV   —   REQUIREMENTS

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

4.2   Insurance Requirements
      DMC and subcontractors will procure and maintain until all of their obligations
      have been discharged, including any warranty periods under this Contract are
      satisfied, insurance against claims for injury to persons or damage to property
      which may arise from or in connection with the performance of the work
      hereunder by the DMC, his agents, representatives, employees or
      subcontractors.

      The insurance requirements herein are minimum requirements for this Contract
      and in no way limit the indemnity covenants contained in this Contract. The City
      in no way warrants that the minimum limits contained herein are sufficient to
      protect the DMC from liabilities that might arise out of the performance of the
      work under this contract by the DMC, his agents, representatives, employees or
      subcontractors and DMC is free to purchase additional insurance as may be
      determined necessary.
      A. Minimum Scope and Limits of Insurance: DMC will provide coverage with
         limits of liability not less than those stated below. An excess liability policy or
         umbrella liability policy may be used to meet the minimum liability
         requirements provided that the coverage is written on a “following form” basis.


                                             14
                                     CITY OF PHOENIX
                           NATIONAL LEAGUE OF CITIES HOST CITY -


                            DESTINATION MANAGEMENT COMPANY
                              2011 REQUEST FOR PROPOSALS
                                        -




     1. Commercial General Liability Occurrence Form
                                                —


        Policy will include bodily injury, property damage and broad form contractual
        liability coverage.
            General Aggregate                               $2,000,000
            Products Completed Operations Aggregate $1,000,000
                            —


            Personal and Advertising Injury                 $1,000,000
            Each Occurrence                                 $1,000,000
               a.   The policy will be endorsed to include the following additional insured
                    language: “The City of Phoenix will be named as an additional insured
                    with respect to liability arising out of the activities performed by, or on
                    behalf of the DMC”.

     2. Worker’s Compensation and Employers’ Liability
           Workers’ Compensation            Statutory
            Employers’ Liability
                  Each Accident           $100,000
                  Disease Each Employee $100,000
                                    —


                  Disease Policy Limit
                                    —     $500,000
               a.   Policy will contain a waiver of subrogation against the City of
                    Phoenix.

     3.             Automobile Liability
                    Bodily Injury and Property Damage for any owned, hired, and non-owned
                    vehicles used in the performance of this Contract.
                    Combined Single Limit (CSL)          $10,000,000

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

B.   Additional Insurance Requirements: The policies will include, or be endorsed to
     include, the following provisions:
     1. On insurance policies where the City of Phoenix is named as an additional
        insured, the City of Phoenix will be an additional insured to the full limits of
        liability purchased by the DMC even if those limits of liability are in excess of
        those required by this Contract.
     2. The DMC’s insurance coverage will be primary insurance and non-contributory
        with respect to all other available sources.


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                               CITY OF PHOENIX
                     NATIONAL LEAGUE OF CITIES HOST CITY-


                      DESTINATION MANAGEMENT COMPANY
                        2011 REQUEST FOR PROPOSALS
                                -




C.   Notice of Cancellation: Each insurance policy required by the insurance
     provisions of this Contract will provide the required coverage and will not be
     suspended, voided or canceled except after thirty (30) days prior written notice has
     been given to the City, except when cancellation is for non-payment of premium,
     then ten (10) days prior notice may be given. Such notice will be sent directly to
     Melissa Sweinhagen, Public Transit Department, 302 N. 1st Ave. gth Floor,
                                                                        —


     Phoenix, Arizona 85003 and will be sent by certified mail, return receipt requested.

D.   Acceptability of Insurers: Insurance is to be placed with insurers duly licensed
     or authorized to do business in the state of Arizona and with an “A.M. Best” rating
     of not less than B+ VI. The City in no way warrants that the above-required
     minimum insurer rating is sufficient to protect the DMC from potential insurer
     insolvency.

E.   Verification of Coverage: DMC will furnish the City with certificates of insurance
     (ACORD form or equivalent approved by the City) as required by this Contract.
     The certificates for each insurance policy are to be signed by a person authorized
     by that insurer to bind coverage on its behalf.

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

     All certificates required by this Contract will be sent directly to Melissa
     Sweinhagen, Public Transit Department, 302 N. 1st Ave. 9th Floor, Phoenix,
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     Arizona 85003. The City project/contract number and project description will be
     noted on the certificate of insurance. The City reserves the right to require
     complete, certified copies of all insurance policies required by this Contract at any
     time. DO NOT SEND CERTIFICATES OF INSURANCE TO THE CITY’S RISK
     MANAGEMENT DIVISION.

F.   Subcontractors: DMC’s certificate(s) will include all subcontractors as additional
     insureds under its policies or DMC will furnish to the City separate certificates and
     endorsements for each subcontractor. All coverages for subcontractors will be
     subject to the minimum requirements identified above.

G.   Approval: Any modification or variation from the insurance requirements in this
     Contract will be made by the Law Department, whose decision will be final. Such
     action will not require a formal Contract amendment, but may be made by
     administrative action.


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H.    Litigation: DMC will provide information on any current litigation or litigation in the
      past three (3) years with which the firm is involved, including parent companies
      and subsidiaries. DMC will also include the number of complaints filed against the
      DMC, parent company or subsidiaries in the past three (3) years by a regulating
      agency of the DMC’s home state. If any complaints have been filed, DMC will
      describe such complaints.

4.3    DMC Responsibility
       By submitting a proposal, DMC represents that it has thoroughly examined and
       become familiar with the work required under this REP and that the DMC is
       capable of performing quality work to achieve the objectives of the City. Failure
       to read, understand, and/or respond to any portion of this REP will not be cause
       for waiver of any portion of the REP or subsequent contract. It is the DMC’s
       responsibility to consider applicable laws that may affect cost, progress,
       performance, or furnishing the work. City will hold the DMC accountable for every
       item within the REP and resultant contract. Only those firms that seek and
       accept a demanding level of accountability need to submit a response to this
       REP.

4.4    Discussions, Negotiations and Best and Final Offers
       City reserves the right to award a contract on the basis of initial offers received,
       without discussions. Therefore, each initial offer should contain the DMC’s best
       terms.

       City reserves the right to enter into discussions/negotiations with one or more
       DMCs and to request the submission of best and final offers from those DMCs
       who, after the conclusion of such discussions/negotiations, are still under
       consideration for award. No DMC will have any rights against the City arising
       from an invitation to enter into discussions/negotiations or to submit a best and
       final offer.

4.5    Contract Terms and Conditions
       City reserves the right to clarify any contractual terms with the concurrence of
       DMC; however, any substantial non-conformity in the proposal, as determined by
       the City’s will be deemed non-responsive and the proposal rejected. Any
       contract resulting from this proposal will contain the entire agreement between
       City and the DMC relating to this requirement and will prevail over any and all
       previous agreements, contracts, proposals, negotiations, Purchase orders, or
       master agreements of any form.

4.6    Post-Award Meeting
       The successful DMC may be required to attend a post-award meeting and site
       visits with the City for discussion of the terms and conditions of the contract. The


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      City will coordinate the meeting.

4.7   DMC Rights
      All materials submitted in response to this RFP will become the property of the
      City and become a matter of public record available for review pursuant to
      Section 39-121, et seq., A.R.S.

      If a DMC believes that a specific section of its proposal is confidential, DMC will
      isolate the pages marked confidential in a specific and clearly labeled section of
      its proposal response. DMC will include a written statement as to the basis for
      considering the marked pages confidential including the specific harm or
      prejudice if disclosed and the City will review the material, DMC’s concerns and
      make an independent determination.

4.8   City Reservation of Rights
      This REP does not commit the City to award a contract or to pay any costs
      incurred in the preparation of a proposal to this request or to contract for
      services.

      City reserves the right to accept or reject any or all proposals received as a result
      of this REP, to negotiate with any qualified sources, or to cancel in part or in its
      entirety this REP.

      City specifically reserves the right to reject any or all proposals, or any part
      thereof, to accept any proposal or any part thereof, or to waive any defects or
      informalities in a proposal. Any DMC objecting to the rejection of a proposal, or
      portion thereof, will lodge that protest, in writing, to Melissa Sweinhagen, Public
      Transit Department, 302 N. 15t Ave. ~ Floor, Phoenix, Arizona 85003 within
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      five (5) work days, following release of City’s “Intent to Award” letter. All DMCs
      will be notified that a protest has been filed and that award of the contract will not
      be made prior to resolution of the protest.

4.9   Modification or Withdrawal of the Proposal
      A proposal may not be modified, withdrawn or canceled by a DMC for one
      hundred eighty (180) calendar days following the proposal submission deadline
      and each DMC so agrees in submitting the proposal. Proposals may be
      withdrawn, altered and/or resubmitted at any time prior to the submission
      deadline.

      Notice of withdrawal must be in writing and signed by DMC’s authorized
      representative. Written notice of withdrawal must be received prior to proposal
      due date.




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4.10   DMC Certification
       By submission of a proposal, DMC certifies that DMC has not paid or agreed to
       pay any fee or commission, or any other item of value contingent on the award of
       a contract to any employee, official, or current contracting consultant of the City.

4.11   Exceptions
       DMC will clearly identify any proposed exceptions taken to this REP in its
       proposal response. Exceptions will reference the page number and section or
       paragraph where the exception exists.

4.12   City’s Right to Disqualify for Conflict of Interest
       City reserves the right to disqualify any DMC on the basis of any real or apparent
       conflict of interest that is disclosed by the proposal submitted or any other data
       available to the City. This disqualification is at the sole discretion of the City.
       Any DMC submitting a proposal herein waives any right to object to the City’s
       exercise of this right, now or at any future time, before any body or agency,
       including but not limited to, the City Council of the City of Phoenix, or any court.

4.13   Covenant Against Contingent Fees
       DMC warrants that no person or selling agent has been employed or retained to
       solicit or secure the contract upon an agreement or understanding for a
       commission, percentage, brokerage, or contingent fee, excepting bona fide
       employees, bona fide established commercial or selling agencies maintained by
       DMC for the purpose of securing business.

       For breach or violation of this warranty, City will have the right to annul the
       contract without liability.

4.14   Causes for Disqualification
       City in its sole, absolute and unfettered discretion will determine whether or not a
       DMC is qualified and responsible. This determination may be based on one or
       more of the following:
       • Evidence of collusion amongst Proposals.
       • Lack of business skills or financial resources necessary to operate this
           business successfully, as revealed by either financial statements or
           experience statement.
       • Lack of responsibility as shown by past work, references, or other factors.
       • DMC is in arrears or in default to City on any debt or agreement or defaults
           upon any obligation to City, or has failed to faithfully perform any previous
           agreement with City, in City’s sole determination.
       • Submission of a proposal that is incomplete, conditional, ambiguous, obscure,
           or which contains alterations not called for, or irregularities of any kind.
       • Evidence of prohibited lobbying efforts toward members of the evaluation
           panel, City staff and/or the Phoenix City Council.


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•   Other causes as City deems appropriate in its sole and absolute discretion.

City’s determination as to whether DMC is qualified and responsible will be
based on the information furnished by DMC in this REP, interviews with DMC (if
applicable), as well as from other sources determined to be valid by the City.
Award will not be made until after such investigations, as are deemed necessary,
are made by the City regarding the experience and financial responsibility of
DMC, which each DMC agrees to permit by submitting its proposal.




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SECTION 5- STANDARD TERMS AND CONDITIONS

Any DMC entering into an Agreement with the City must agree to a number of general
terms and conditions. If a DMC cannot agree to any of the stated general terms and
conditions, its proposal must clearly state the reason for any such noncompliance.

The submission of a proposal herein constitutes the agreement of any DMC that any
contract to be drawn as a result of an award herein will be prepared by the City. The
submission of a proposal will further constitute the agreement of each DMC that it will
not insist on the use of standard contract agreements, documents or forms, and that it
waives any demand for the use of its standard agreements. Pursuant to City Charter,
the language of the contract(s) to be executed will be drafted under the supervision of
the City Attorney of the City of Phoenix and will be the controlling document.

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

A.    Applicable Law
      This Agreement will be governed by the law of the State of Arizona, and suits
      pertaining to this Agreement will be brought only in the appropriate State courts
      in Maricopa County, State of Arizona.

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

C.    Contract Order of Precedence
      In the event of a conflict between the provisions of any resulting Agreement and
      other incorporated documents, the following will prevail in the order set forth
      below:
      • Negotiated terms and conditions;
      • City terms and conditions;
      • Proposal and Best and Final Offer(”BAFO”), which, when not in conflict with
          the above documents, establishes a superior set of requirements for the work;


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      •   Appendices and exhibits;
      •   Other documents referenced or included in the REP.

      Unless otherwise specifically provided to the contrary, in resolving any conflict or
      inconsistency among the foregoing documents, the most recent in time will
      prevail over older documents or provisions covering the same issue and, those
      terms most favorable to the City will prevail over less favorable conflicting or
      inconsistent terms wherever they may be found.

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

E.    Severability
      The provisions of this Agreement are severable to the extent that any provision
      or application held to be invalid by any forum of competent jurisdiction will not
      affect any other provision or application of the Agreement which may remain in
      effect without the invalid provision or application.

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

5.2   Contract Administration and Operation

A.    Records
      Pursuant to Section 35-214, A.R.S., all books, accounts, reports, files and other
      records relating to the Agreement will be subject at all reasonable times to
      inspection and audit by the City for five (5) years after completion of the



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     Agreement. Such records will be produced at a City office as designated by City.

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

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

     The City of Phoenix is committed to utilizing qualified Small-Business Enterprise
     (SBE) firms for professional services contracts. For information on the City’s
     Small Business Enterprise program, visit
     phoenix.gov/business/contract/mwdsbe/index.html.

D.   Licenses and Permits
     DMC will be and remain current with all Federal, State, and local licenses and
     permits required for the operation of the business conducted by DMC as
     applicable to this Agreement.

E.   Public Relations and Public Statement
     DMC will not publish information concerning this Agreement without the prior
     written consent of the City.

F.   Exclusive Possession
     All services, information, computer program elements, reports, and other


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     deliverables, which may be created under this Agreement, are the sole property
     of the City and will not be used or released by DMC or any other person except
     with prior written permission by the City.

G.   Work for Hire, Ownership of Intellectual Property Rights
     All services preformed under this Agreement, and all materials, concepts, ideas,
     or other products made and/or completed pursuant thereto, will be considered
     work(s) made for hire and all copyright ownership and authorship rights in and to
     said work(s) will belong to the City. In the event that the work(s) are deemed not
     to be work(s) for hire, then, and in that event, DMC hereby transfers and assigns
     to the City all of DMC’s right, title and interest in and to the work(s), including, but
     not limited to, any trademark, copyright or other intellectual property interest that
     DMC may have. Further, DMC agrees to cooperate with the City with regard to
     the City’s ownership claims and to execute such additional documents as may be
     reasonably necessary to confirm ownership in the City and to conform to DMC’s
     above state ownership/assignment obligation.

H.   Responsibility for Compliance with Legal Requirements
     DMC’s products, service, and facilities will be in full compliance with all
     applicable Federal, State and local health, environmental, and safety laws,
     regulations, standards, codes and ordinances, regardless of whether or not they
     are referred to by City.

     Disputes
     Disputes arising from the interpretation or performance of this Agreement that
     are not resolved by agreement of the parties will be decided in writing by the
     Management Assistant Ill or his/her designee. The decision of the Management
     Assistant Ill will be final and conclusive unless within five (5) calendar days from
     the date of receipt of its copy, DMC mails or otherwise furnishes a written appeal
     to City’s Government Relations Director. In connection with any such appeal,
     DMC will be afforded an opportunity to be heard and to offer evidence in support
     of its position. The decision of the Government Relations Director or designee
     will be binding upon DMC and DMC will abide by the decision.

J.   Claims for Damages
     Should either party to the contract suffer injury or damage to person or property
     because of any act or omission of the other party or of any of its employees,
     agents or others for whose acts it is legally liable, a claim for damages therefore
     will be made in writing to such other party within five (5) calendar days after the
     first observance of such injury or damage.

K.   Remedies
     Unless the contract provides otherwise, all claims, counterclaims, disputes and



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     other matters in question between City and DMC arising out of or relating to the
     Agreement or its breach will be decided by arbitration.

L.   Rights and Remedies
     The duties and obligations imposed by the Agreement documents and the rights
     and remedies available hereunder will be in addition to and not a limitation of any
     duties, obligations, rights and remedies otherwise imposed or available by law.
     No action or failure to act by City or DMC will constitute a waiver of any right or
     duty afforded any of them under the Agreement, nor will any such action or
     failure to act constitute an approval of or acquiescence in any breach hereunder,
     except as may be specifically agreed in writing.

M.   Continuation of Work during Disputes
     Notwithstanding the existence of any dispute between the parties, DMC will
     continue to perform its obligations under this Agreement during the continuation
     of such dispute unless such performance is refused by City or is enjoined or
     prohibited by an Arizona court of competent jurisdiction.

N.   NonWaiver
     Should City fail or delay in exercising or enforcing any right, power, privilege or
     remedy under this Agreement such failure or delay will not be deemed a waiver,
     release, or modification of the requirements of this Agreement or of any of the
     terms or provisions thereof.

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

     2.     Background Screening Requirements and Criteria. Because of the varied
     types of services performed, the City has established levels of risk and


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associated Background Screening. The risk level and Background Screening
required for this Agreement is determined to be at the City’s “Standard Risk
Level.”

Minimum Risk and Background Screening (“Minimum Risk”).
A minimum risk Background Screening shall be performed when the Contract
Worker: (i) will not have direct access to CITY facilities or information systems; or
(ii) will not work with vulnerable adults or children; or (iii) when access to CITY
facilities is escorted by CITY workers. The Background Screening for minimum
risk shall consist of the screening required by Arizona Revised Statues §~ 41-
4401 and following to verify legal Arizona worker status.

Standard Risk and Background Screening (“Standard Risk”).
A standard risk Background Screening shall be performed when the Contract
Worker’s work assignment will: (i) require a badge or key for access to CITY
facilities; or (ii) allow any access to sensitive, confidential records, personal
identifying information or restricted CITY information; or (iii) allow unescorted
access to CITY facilities during normal and non-business hours. Because of the
sensitive nature of the driving required by this contract, it has been determined
that the Standard Risk is most appropriate. The Background Screening for this
Standard Risk level shall include the Background Screening required for the
Minimum Risk level and a background check for real identity/legal name, and
shall include felony and misdemeanor records from any county in the United
States, the state of Arizona, plus any other jurisdiction where the Contract
Worker has lived at any time in the preceding seven (7) years from the Contract
Worker’s proposed date of hire. In addition, a driving record search should be
conducted by DMC to ensure contract worker(s) is/are legally able to drive in
Arizona.

Driving Record Reguired Qualifications
       A.    DMC or subcontractor vehicle operators must have a valid
             operator’s license for the past three (3) years.
       B.    Operators must be a minimum of twenty-one (21) years of age.
       C.    Five (5) year driving record is required. Contractor must review a
             five (5) year record issued within the past forty-five (45) days from
             any state where the applicant has held a operator’s license in the
             past five (5) years. When a five (5) year record is unavailable, a
             three (3) year driving record must be obtained.
       D.    If an out-of-country driving record is unavailable then the applicant
             must have possessed a valid operator’s license in the U.S. for the
             past three (3) years.



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E.     No more than two (2) moving violations in the past five (5) years
       are allowed.
F.     No more than two (2) accidents in the past five (5) years are
       allowed. This includes no-ticket accidents.
G.     Driving records must not reflect any conviction of a serious traffic
       violation (e.g., DUI, reckless driving, driving with a suspended
       license) in the past seven (7) years.
H.     Driving records must not reflect more than two (2) convictions of
       serious traffic violations in a lifetime.
I.     No more than two (2) violations for No Liability Insurance in a five
       (5) year period are allowed.
J.     Patterns of moving violations, accidents, and/or other infraction
       may also disqualify an applicant.
K.     Any conviction or deferred adjudication within the past ten (10)
       years for a felony offense will result in disqualification.
L.     Any conviction within the past ten (10) years for a felony or
       misdemeanor offense that conflicts with the duties of the position
       will result in disqualification.
M.     Any conviction or deferred adjudication for a felony or misdemeanor
       offense beyond ten (10) years that is of a serious enough nature to
       be considered remaining in conflict with the duties of the position
       will result in disqualification. (Example: vehicular
       manslaughter/homicide.)

All Contractor’s employees and agents assigned to the resultant
Agreement must sign a waiver for a background check. A background
check may be conducted as deemed necessary by the CITY Specialized
Systems supervisor and all costs for the check will be paid for by the
Contractor.

Contractor’s employees shall adhere to the CITY’s substance abuse policy
and regulations relating to the prohibition of alcohol or drug use (City of
Phoenix Administrative Regulation 2.324). Contractor will pay the
expenses incurred for pre-employment drug screening and any
subsequent screening for reasonable suspicion of use. CITY requires a
10 point screen and shall be furnished with the results of all tests.

By executing this Agreement, DMC certifies and warrants that DMC has
read the Background Screening requirements and criteria in this Section,
understands them and that all Background Screening information
furnished to the City is accurate and current. Also, by executing this


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           Agreement, DMC further certifies and warrants that DMC has satisfied all
           such Background Screening requirements for the Standard Risk
           Background Screening as required. The City may, in its sole discretion,
           accept or reject any or all of the Contract Workers proposed by DMC for
           performing work under this Agreement.

     3.     Terms of This Section Applicable to all of DMC’s Contracts and
     Subcontracts. DMC will include the terms of this Section for Contract Worker
     Background Screening in all contracts and subcontracts for services furnished
     under this Agreement including, but not limited to, supervision and oversight
     services.

     4.      Materiality of Background Screening Requirements; Indemnity. The
     Background Screening requirements of this Section are material to City’s entry
     into this Agreement and any breach of this Section by DMC will be deemed a
     material breach of this Agreement. In addition to the indemnity provisions set
     forth in Section IV of this Agreement, DMC will defend, indemnify and hold
     harmless the City for any and all Claims arising out of this.

     5.      Continuing Duty; Audit. DMC’s obligations and requirements that Contract
     Workers satisfy this Background Screening Section will continue throughout the
     entire term of this Agreement. DMC will maintain all records and documents
     related to all Background Screenings and the City reserves the right to audit
     DMC’s compliance with this Section.

P.   Key Personnel
     Key personnel will be identified and approved by City. Should any of the named
     individuals be unavailable to perform on behalf of DMC under this Agreement,
     whether due to termination of employment or otherwise, then DMC will provide a
     suitable replacement acceptable to City. Acceptability is to be determined by
     City at its option, sole and unfettered discretion. Should key personnel of DMC
     become unavailable or unable to perform work under this Agreement, their
     replacement(s) will be subject to the prior approval of City. No personnel named
     in the proposal will be removed without the prior written consent of the City.

0.   Iran and Sudan
     Pursuant to A.R.S. §~ 35.391 .06 and 35-393.06, DMC certifies that it does not
     have a scrutinized business operation, as defined in A.R.S. §~ 35-391 and 35-
     393, in either Iran or Sudan.

R~   Legal Worker Requirements
     The City is prohibited by A.R.S. § 41 -4401 from awarding an agreement to any
     DMC who fails, or whose subcontractors fail, to comply with A.R.S. § 23-214(A).
     Therefore, DMC agrees that:


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      1. DMC and each subcontractor it uses warrants their compliance with all federal
      immigration laws and regulations that relate to their employees and their
      compliance with § 23-214, subsection A.

      2. A breach of warranty under paragraph 1 will be deemed a material breach of
      the Agreement and is subject to penalties up to and including termination of the
      Agreement.

      3. The City retains the legal right to inspect the papers of the DMC or
      subcontractor employee(s) who work(s) on this Agreement to ensure that DMC
      or subcontractor is complying with the warranty under paragraph 1.

5.3   Contract Changes

A.    Contract Amendments
      Agreements will be modified only by a written contract amendment signed by the
      Government Relations Director, or designee, and persons duly authorized to
      enter into Agreements on behalf of DMC.

B.    Assignment Delegation
                    —


      No right or interest in this Agreement nor monies due there under will be
      assigned in whole or in part without the prior written permission of the
      Management Assistant Ill, and no delegation of any duty of DMC will be made
      without prior written permission of the Management Assistant Ill. Any
      assignment or delegation made in violation of this section will be void. City may
      assign the Agreement, including any option, without DMC’s consent at City’s sole
      discretion.

C.    Exclusive Agreement
      Any Agreement resulting from this proposal will be awarded with the
      understanding and agreement that it is for the sole convenience of the City. City
      reserves the right to seek alternative services if the DMC is found to be in default.

D.    Authorized Changes
      Any changes to this agreement must be mutually agreeable between both parties
      and done in writing.

5.4   Risk of Loss and Liability

A.    Title and Risk of Loss
      The title and risk of loss of material or service will not pass to City until City
      actually receives the material or service at the point of delivery; and such loss,
      injury, or destruction will not release DMC from any obligation hereunder.


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B.   Acceptance
     All material or service is subject to final inspection and acceptance by City.
     Material or service failing to conform to the specifications of this Agreement will
     be held at DMC’s risk and may be returned to DMC. If so returned, all costs are
     the responsibility of DMC.

C.   Indemnification Patent, Copyright and Trademark
                       —


     DMC will indemnify, defend, save, and hold harmless City against any liability,
     including costs and expenses, for infringement of any patent, trademark or
     copyright or other proprietary rights of any third parties arising out of Agreement
     performance or use by City of materials furnished or work performed under this
     Agreement.

     DMC agrees upon receipt of notification to promptly assume full responsibility for
     the defense of any suit or proceeding which is, has been, or may be brought
     against City and its agents for alleged infringement, as well as for the alleged
     unfair competition resulting from similarity in design, trademark or appearance of
     goods by reason of the use or sale of any goods furnished under this Agreement
     and DMC further agrees to indemnify City against any and all expenses, losses,
     royalties, profits, and damages including court costs and attorney’s fees resulting
     from the bringing of such suit or proceedings including any settlement or decree
     of judgment entered herein. City may be represented by and actively participate
     through its own counsel in any such suit or proceedings if it so desires. It is
     expressly agreed by DMC that these covenants are irrevocable and perpetual.

D.   Force Majeure
     Except for payment of sums due, neither party will be liable to the other nor
     deemed in default under this Agreement if and to the extent that such party’s
     performance of this Agreement 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 will not
     include late performance by a subcontractor unless the delay arises out of a
     Force Majeure occurrence in accordance with this Force Majeure term and
     condition.

     If either party is delayed at any time in the progress of the work by Force
     Majeure, the delayed party will notify the other party in writing of such delay, as
     soon as is practical, of the commencement thereof and will specify the causes of
     such delay in such notice. Such notice will be hand-delivered or mailed certified
     return receipt and will make a specific reference to this provision, thereby
     invoking its provisions. The delayed party will cause such delay to cease as
     soon as practicable and will notify the other party in writing when it has done so.
     The time of completion will be extended by contract modification for a period of


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      time equal to the time that results or effects of such delay prevent the delayed
      party from performing in accordance with this Agreement.

5.5   City’s Contractual Rights

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

B.    Non-Exclusive Remedies
      The rights and remedies of City under this Agreement are non-exclusive.

C.    Default in One Installment to Constitute Breach
      Each installment of the Agreement is dependent on every other installment and a
      delivery of non-conforming goods or a default of any nature under one (1)
      installment will impair the value of the whole Agreement and constitutes a total
      breach of the Agreement.

D.    Default
      In case of default by DMC, City may, by written notice, cancel this Agreement
      and partner with another source.

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

F.    Contract Closeout
      At the end of the Agreement period, City will review the Agreement to ensure all
      required deliverables have been met. This includes, but is not limited to, an audit
      of financial and operational records. Any outstanding issues will be resolved
      within thirty (30) days of Agreement completion at which time a Notice of
      Contract Closure will be sent by City to finalize the Agreement closure between
      both parties. DMC will keep all records pertaining to the Agreement for a
      minimum of five (5) years after the Agreement completion, expiration or
      termination. Upon twenty-four (24) hour notice, DMC will make available said


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      records to City or its agents for audit, during normal business hours. In the event
      of litigation or claims, all records will be maintained until the litigation or claim is
      concluded or five (5) years whichever last occurs.

G.    Transition Cooperation Agreement
      Upon the expiration, termination or other conclusion of this Agreement where the
      successor provider is an individual, firm or entity other than the current DMC, the
      DMC will cooperate fully with the successor provider in order to effect a smooth
      and seamless transition. Such cooperation will include, but is not limited to, the
      following:
      (1 )Execute such documents as may be necessary to effect a transfer of all
            necessary contracts, goods, services and utilities
      (2)Not sell, transfer, convey or encumber any assets of City or any of the
            assets to be transferred to the successor provider

      Until the date that the successor provider assumes its position, DMC will fully and
      conscientiously perform its obligations hereunder in a professional and workman
      like manner.

5.6   Contract Termination

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

B.    Conditions and Causes for Termination
      This Agreement may be terminated at any time by mutual written consent, or by
      City, with or without cause, upon giving thirty (30) days written notice to DMC.
      City at its convenience, by written notice, may terminate this Agreement, in whole
      or in part.

      City reserves the right to cancel the whole or any part of this Agreement due to
      failure of DMC to carry out any term, promise, or condition of the Agreement.
      City will issue a written ten (10)-calendar day notice of default to DMC for acting
      or failing to act as in any of the following:
      (a)      In the opinion of City, DMC provides personnel who do not meet the
               requirements of the Agreement;
      (b)      In the opinion of City, DMC fails to perform adequately the stipulations,
               conditions or services/specifications required in this Agreement;


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      (c)   In the opinion of City, DMC attempts to impose on City personnel or
            materials, products or workmanship, which is of an unacceptable quality;
      (d)   DMC fails to furnish the required service and/or product within the time
            stipulated in the Agreement;
      (e)   In the opinion of City, DMC fails to make progress in the performance of
            the requirements of the Agreement and/or give City a positive indication
            that DMC will not or cannot perform to the requirements of the Agreement.

5.7   Contract Cancellation
      All parties acknowledge that this Agreement is subject to cancellation by City
      pursuant to the provision of Section 38-51 1, A.R.S.




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SECTION 6- PROPOSAL SUBMITTALS & FORMS
(DMCs MUST complete all forms and information requested in Section VI (Six) and
submit with their proposal. These pages are included in the 20-page page limit.)

6.1    Certification Form

TO THE CITY OF PHOENIX:
The Undersigned hereby offers and agrees to furnish the material and or service(s) in
compliance with all terms, conditions, specifications, and addenda issued as a result of
this Request for Proposals and any written exceptions in the offer.

COMPANY NAME_________________________
DMC certifies it is a: proprietorship ; partnership ; corporation


Arizona Sales Tax No.

Use Tax No. for Out-of State Suppliers

City of Phoenix Sales Tax No.

raxpayer’s Federal Identification No.


DMC certifies that DMC has read, understands, and will fully and faithfully comply with
this Request for Proposals, any attachments and any referenced documents. DMC also
certifies that the prices offered were independently developed without consultation with
any of the other DMCs or potential DMCs.


Authorized Signature                                   Date


Printed Name and Title




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6.2   DMC’s Contact Information

Company Name                   ___________




\dd ress                       ____________




City, State and Zip Code       ___________




Felephone Number               ___________




Company’s Fax Number           ___________




Company’s Toll Free #          ___________




Email Address                  ___________




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6.3   Addenda Certification
      (This form only to be completed by Proposer if addenda are issued by City.)

The undersigned acknowledges receipt of the following addenda to the documents:

Addendum Number                      ,   dated

Addendum Number                      ,   dated

Addendum Number                      ,   dated

Addendum Number                      ,   dated

Addendum Number                      ,   dated

Addendum Number                      ,   dated


Failure to acknowledge receipt of all addenda may cause the proposal to be considered
not responsive to the solicitation. Acknowledged receipt of each addendum must be
clearly established and included with the offer.




Name: _______________________________

Signature:

Title: __________________________________


COMPANY NAME_________________




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                         NATIONAL LEAGUE OF CITIES HOST CITY
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6.4     Pricina P   osal Sheet — Mobile WorksL.1,]~I~ &- • ouse
                                                       L            S
        (A Scenario assumption column has been added so we may better compare
        proposals in a consistent manner. The scenario assumption for
        attendance for each trip is not a real number. Actual attendance could be
        above or below this number.)



      Transportation Need        Hours   Vehicle(s) Vehicle(s) Per Person Price SCENARIO
          (Trip Name)                    Proposed Maximum        (should not    ASSUMPTION
                                                    Capacity        include      (attendance
                                                               admissions fees) for this trip)
Casa Grande Mobile Workshop       2-4                                           100 attendees


Fountain Hills Mobile Workshop    2-4                                            100 attendees


Gilbert Mobile Workshop           2-4                                            100 attendees


Glendale Mobile Workshop          2-4                                            100 attendees


Goodyear Mobile Workshop          2-4                                            100 attendees


Mesa Mobile Workshop              2-4                                            100 attendees


Peoria Mobile Workshop            2-4                                            100 attendees


Phoenix Mobile Workshop           2-4                                            100 attendees


Queen Creek Mobile Workshop      2-4                                             100 attendees


Scottsdale Mobile Workshop       2-4                                             100 attendees


 empe Mobile Workshop            2-4                                             100 attendees


 ucson’s Trifecta                2-10                                            20 attendees




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Valley of the Sun City Tour             2-10                           45 attendees
(Please provide proposed
itinerary and any additional
information on a separate
sheet labeled “City Tour”)          -

See Spouse Trip list for
description.

Desert Experience in the Middle         2-10                           20 attendees
of the City

Horseback Ride                          2-10                           20 attendees


Sweets, Shopping, and Fashion           2-10                           20 attendees
Show Historic Downtown
      —

Glendale
The Heard Museum World     —            2-10                           20 attendees
Famous for a Reason

Verde Valley Wine Trail Tour            2-10                           20 attendees


 empe’s Charm —The Mill                 2-10                           20 attendees
~venue District

The MIM 10,000 Instruments
              —                         2-10                           20 attendees
rom around the World

Desert Botanical Gardens                2-10                           20 attendees


Scottsdale Fashion Square               2-10                           20 attendees
Experience and More

City of Mesa Arts & Cultural            2-10                           20 attendees
G ems

Nine & Wine       —   Golf Fun          2-10                           20 attendees


 ~ncient Treasures of Northern          2-24                           45 attendees
 ~rizona Flagstaff/Grand
          —

Canyon Overnight
(Please pro Wde proposed
itinerary, lodging pricing and
options, and any additional
information on a separate
sheet labeled “Grand Canyon
Trip”)


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                     NATIONAL LEAGUE OF CITIES HOST CITY -


                      DESTINATION MANAGEMENT COMPANY
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6.5    Additional information REQUIRED:

1) Are non-alcoholic beverages available for on-board:         ______   yes   ______   no
       If yes, what is the per person price?                            per person


2) Please provide your hourly rate for a docent to accompany each group on the tour
       vehicles. (Excludes hotel shuttles)
                                                                    hourly rate


3) Do you provide dispatch staff at the conference site?       ______   yes   ______   no
       If yes, is there an additional fee?                     ______   yes            no
       If yes, what is the rate? (Please describe)             __________________




4) Do you charge a fuel surcharge, parking fees or any additional fees or taxes not
       included in the per person rates?
       If yes, please describe and provide rates.




5) What is your hourly rate for additional hours if the trip(s) goes beyond the intended
   time range?


6) Please provide a per person price for the proposed Board Conference Dinner.



7) Please provide a per person price for a potential conference-wide event.



8) For spouse trips that do not warrant a large vehicle, please provide a per person
   price for the DMC to provide taxicab vouchers.              __________________




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                         DESTINATION MANAGEMENT COMPANY
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6.6     Acceptance of Offer

The Offer is hereby accepted.

The DMC is now bound to provide the materials or services listed by the attached
contract and based upon the Request for Proposal including all terms, conditions,
specifications, amendments, etc. and the DMC’s Offer as accepted by the City.

This contract will henceforth be referred to as Contract No.            The DMC          .


has been cautioned not to commence work or provide any material or service under this
contract until DMC receives purchase order or contract documentation.

                                                    CITY OF PHOENIX, a municipal
                                                    corporation
                                                    David Cavazos, City Manager


City Clerk                                          Karen Peters, Government Relations
                                                    Director
Approved as to form this X day of June, 2011
                                                    Awarded this   ______   day of   _____________,   2011.
This document has been approved as to form
by the City Attorney and is on file with the City
Clerk. It need not be submitted to the City
Attorney for approval unless the form document
is altered.




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                     NATIONAL LEAGUE OF CITIES HOST CITY -


                      DESTINATION MANAGEMENT COMPANY
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                                  ATTACHMENT A
                           MOBILE WORKSHOPS Tentative-




Casa Grande    Economic Development (and Redevelopment) through Public-
               Private Partnerships
                 rhis mobile workshop will focus on potential benefits from developing
               entrepreneurial relationships with private entities. In 2008, the City of
               Casa Grande partnered with the Francisco Grande Resort & Hotel to
               create Grande Sports World at the Casa Grande Performance Institute
               (CGPI). CGPI is an athletic facility that is located adjacent to the Hotel,
               on the former Spring Training home to the San Francisco Giants and Los
                 ~ngeles Angels. CGPI boasts eight full-sized professional fields for
                 ootball and soccer, as well as a state-of-the-art training facility complete
               with four full-sized locker rooms, a large workout area, therapy pools, and
               instructional rooms. The facility not only fulfills the needs of the local
               sports leagues, but also generates revenue for the City through its
                 ournaments, player development academy, sports training programs and
                 heir associated economic spin-offs. CGPI has hosted many professional
               sports teams (including over a dozen Major League Soccer teams), and
               is the year-round home to a professional soccer academy. In the future,
               CGPI will expand its training regimen to include professional academy
               instruction for the world’s most promising prospective athletes in a variety
               of sports. Come learn about the details of this fantastic public-private
               partnership, and enjoy the activities that the Casa Grande Performance
               Institute has to offer!
Fountain Hills A Fountain of Experience
                this mobile workshop will provide attendees with the opportunity to learn
               about two very significant community beautification partnerships directly
                :rom those who direct them the Fountain Hills Public Art initiative and
                                             —



                :he Greening of the Downtown Initiative. The chairs of these two
               initiatives, along with Town officials, will describe how they continue to
               leverage partnerships and public support to beautify the Town’s
               downtown district. The discussion would be followed by a guided walking
                :our of Fountain Hills public art collection, now valued at more than $1
               million, and the new Greening of the Downtown Project. This initiative
               has been named as an official Centennial Project and includes the
               planting of several hundred trees in the downtown area. All this has
               been and continues to be funded primarily through citizen donations and
               public/private cooperatives and partnerships. We will share with
               participants how support was established for these initiatives and how
               partnerships were and are forged to provide needed fiscal resources. Of
               course the experience would not be complete without a demonstration of
                he World Famous Fountain.


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Gilbert    Solar Showcase
            The Town of Gilbert would like to showcase one of its most recent
            ientures into the solar arena. It has entered into a 20 year Power
           Purchase Agreement with SPG Solar whereby SPG has placed solar
           arrays at our Neely Water Treatment Plant in the drying beds that will
           reduce energy costs by 44% for the plant. The arrays are placed 10 ft.
           high so that sludge harvesting by machine can still be carried out. Pretty
           impressive cycle of recycled water being generated by solar power.

Glendale   Vision to Reality Creating a Sports & Entertainment Destination.
                              —


            rake a behind the scenes tour of the places that host some of the world’s
           most exciting events and sports teams: Super Bowl VLII, two BCS
           National Championships, WrestleMania XXVI, the Tostitos Fiesta Bowl,
           Jobing.com Arena home of the NHL Coyotes, Camelback Ranch
                              —


           Glendale spring training home of the Los Angeles Dodgers and
                     -~


           Chicago White Sox. Discover how the vision of community leaders has
            :ransformed Glendale into a worldwide destination of sports and
           entertainment venues, as well as a major employment center. After the
           guided tour of Glendale’s world class developments, participants will
           gather on the terrace of the state-of-the-art spring training complex to
           learn how these facilities have enabled Glendale to advance economic
           development goals and enhance resident services throughout the City.
           Glendale has rebranded itself in just a few short years and the City would
           like to be a resource for participants who may share similar goals for their
           communities.

Goodyear   Site Tour of the nation’s first 100% All-digital Cancer Hospital
           cancer treatment centers of america® at Western Regional Medical
           center in GOODYEAR Founded in 1988, CTCA provides a
           comprehensive, patient-centered treatment model that fully integrates
            raditional, state-of-the-art medical treatments with scientifically
           supported complementary therapies such as nutrition, naturopathic
           medicine, psychological counseling, physical therapy, spiritual support
           and chiropractic care to meet the special, whole-person needs of
           advanced stage cancer patients. With a network of cancer treatment
           h~ospitals and community oncology programs in Arizona, Illinois,
           Oklahoma, Pennsylvania and Washington, CTCA encourages patients
           and their families to participate in treatment decisions with its Patient
           Empowerment MedicineD model.




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Mesa   Life After BRAC Community-Driven Base Reuse and Economic
                          —


       Development
       Date: any date
       rime: Approximately four hours (45 minute travel time each-way, plus
       wo hour tour)

       In 1994, one of the largest employers in the Phoenix metropolitan area
       left town when Williams Air Force Base was decommissioned through the
       Base Closure and Reuse Commission (BRAC) process. Instead of
       bulldozing the runways and leveling the aging military structures, four
       communities, including a Native American Community, in eastern
       Maricopa County joined together to develop a plan to reuse the sprawling
       4,000 acre Air Force complex. Now, less than 20 years after the closure
       of facility, the former base has become an economic engine for the
       region and a hub for aerospace and education, including major
       businesses such as Boeing, Cessna, Lockheed, L3 Communications,
       Embraer and Hawker-Beechcraft to name a few. The airport runways
       have been converted into a rapidly growing public airport that supports
       commercial, corporate and private aviation. In 2011, nearly one million
       passengers will travel through the airport’s newly expanded terminal. In
       addition, over 13,000 students will take classes from three different
       institutions of higher learning, with classes being held in many retrofitted
       military buildings or in one of the more than 400,000 sq. ft of new, state
       of the art, classrooms and labs The lessons learned at the former
                                        .


       Williams Air Force Base can assist military communities all across the
       nation that currently face or will face base closer.




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Peoria   Sustainable Water Resources in the Sonoran Desert
         The City of Peoria has demonstrated its commitment to ensuring a
         sustainable future by turning wastewater into a renewable water resource
         at all three of its water reclamation facilities. The City’s newest facility,
          he Butler Drive Water Reclamation Facility (WRF), commissioned in Ju13
         2008, was the single largest capital project in the City’s history with a
          otal project cost of $135 million, and has won multiple local and national
         awards, including the 2009 WateReuse Association Large Project of the
         Year and 2009 American Public Works Association Large Project of the
         (ear.

          rhe Butler WRF uses state of the art membrane technology to trea
         wastewater to the highest quality (A÷) standards. At build-out, 13 million
         gallons per day of treated effluent will be recharged back into the
         groundwater aquifer to provide a long term, renewable water supply. The
          reated effluent also replaces the use of potable water for landscape
         irrigation and other non-potable uses within Peoria to further extend the
         City’s water resources.

          the City of Peoria believes that a tour of the Butler WRF would make E
         great Mobile Workshop and intends to combine the tour with a
         presentation of a solar retrofit project on the City’s Beardsley Wate
         Reclamation Facility. The Beardsley Solar Project, completed in 2010,
         involved constructing a 60 kilowatt photovoltaic solar array to offset the
         power requirements of the Beardsley control room, offices, meeting
         rooms and maintenance facility. The City commemorated the opening to
          :he Beardsley Solar Project with a solar fair at the facility to promote sola
         energy for government, business, and individuals.




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Phoenix   Phoenix Biomedical Campus
           This mobile workshop will visit the Phoenix Biomedical Campus (PBC) in
          downtown Phoenix. The PBC is a unique partnership among the City of
          Phoenix, three state universities and the bioscience research community.
           this tour will show how the City has made significant strides towards
          establishing the PBC as a premier location for biomedical research and
          education. By 2025 the anticipated annual economic impact of the
          campus will be upwards of $1 billion, making it one of the largest
          economic drivers in Arizona. In 2002, the City furthered its commitment to
          building a sustainable, knowledge-based economy in the bioscience
          industry with the development of the TGen/IGC headquarters and
          assemblage of the 28-acre PBC. During the mobile workshop, you will
           our the international headquarters of the Translational Genomics
          Research Institute (TGen) and the International Genomics Consortium
          (IGC), The University of Arizona College of Medicine-Phoenix and the
          Arizona Biomedical Collaborative I facility. The tour also includes the
          construction site for the Health Sciences Education Building, that will
          allow the medical school to more than double the number of doctors
          graduating annually, addressing a statewide physician shortage. Further
          learn of future planning and development efforts underway to fulfill the
          vision of creating several million square feet of academic, research and
          clinical space on the PBC that will diversify Arizona’s economy by create
           housands of high-paying jobs and advancing science to improve health
          outcomes for the local community and world.




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                    NATIONAL LEAGUE OF CITIES HOST CITY
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                     DESTINATION MANAGEMENT COMPANY
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Queen Creek Successful Small-Town Economic Development Programs
             rhis tour will take participants on a visit to Town of Queen Creek, a small
            community of 26,000 in the Southeast Valley that has diversified its
            portfolio to expand the opportunities for economic development.
            During the tour, participants will visit Horseshoe Park and Equestrian
            Centre, a state-of-the-art events facility, owned and operated by the
             own, that was constructed primarily for equestrian-oriented activities, but
            also welcomes events such as home shows, RV and car shows, concerts
            and weddings which are also potential revenue-generators. Participants
            will also visit Queen Creek’s Business Incubator (QC Inc.), which has
            been designed to assist small business owners, home-based
            businesses, and those contemplating starting a business to grow their
            company within Queen Creek. Discover how your community can
            emulate this low-cost program that provides affordable space, business
            counseling, business services as well as networking opportunities with
            other emerging companies. Learn how to nurture the development of
            entrepreneurial companies, help them survive and grow during the start
            up period when they are most vulnerable, and assist small businesses
             vho are ready to take their business to the next level.

5cottsdale     SkySong/Fluidic Economic Development Tour
               SkySong is a center like no other in the world; It is a global portal
               connecting the world through technology. It is a place where the
               architecture, lifestyle and amenities in and around the center stimulate
               and encourage creativity and new ideas. Where ideas and university
               research become new technologies and commercial enterprises. A place
               where imagination shapes reality. Learn more about SkySong and some
               of the great companies that have joined together in a ground-breaking
               economic development partnership. Visit the new and innovative
               companies that have the caught the attention of many business leaders.
                rhis tour will include meeting business leaders and mingling
               entrepreneurs all while learning about the new and innovative companies
                hat serve the needs of businesses, research and technology, industry
               and academia while building vital networks between university
               innovations, regional progress and the global technology industry.




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Tempe   Tempe can really move you
        This mobile workshop will tour Tempe’s integrated transportation network
        and describe how the City has led the way in Arizona since its 1996
        approval of a dedicated sales tax to fund transit. Workshop attendees
        will tour the award-winning, green East Valley Bus Operations and
        Maintenance Facility (LEED certified) and the Tempe Transportation
        Center (LEED certification pending), while learning about how Tempe’s
        nine light rail stops added vibrancy and created redevelopment
        opportunities for the City. Plans for a Tempe streetcar will be discussed,
        as will
        :wo locally-based neighborhood shuttles that have been wildly popular
        with residents and Arizona State University students.




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                                                       ATTACHMENT B
                                                    SPOUSE TRIPS Tentative
                                                                       -




             ues, Nov 8                             Wed, Nov 9     rhurs, Nov10 Fri, Nov11Sat, Nov12
             ~                                                                            &Sun,Nov
                   ~                                                                      13
MORNING     8:00 5:30                   —           9:00- 11:30 8:30 am 4:30 9:00 3:00 Sat Sun
                                                                               —           —             —


            pm                                      Valley of the Verde Valley Desert      Time TBD)
             ucson’s                                Sun City Wine Trail Tour Botanical
                                                        —                                  ~ncient
             rifecta                                  our                      Gardens and reasures
                     ~                                            9:45 4:00—   Pueblo     of Northern
            8:30—12:00                              9:00 11:30 rempe’s
                                                        —                      Grande      ~rizona:
            Golf ~Fuñ or                            Desert        Charm: Mill  Museum     Flagstaff /
             o~urnament,                            Experience \venue District             he Grand
             BD                                     in the Middle              9:00 3:30 Canyon
                                                                                           —
                            ‘                       of the City                Scottsdale
            ~                                             or                           Fashion        Sat: (TBD)
                            ~                       Horseback                          Square         It’s
                ~                                   Ride                               Experience     NASCAR in
                                ~                                                      and More        ~vondale
AFTERNOON                                           1:00 4:30
                                                        —          1:00 4:30
                                                                           —           1:00 5:00
                                                                                           —


                                            ~       Sweets,         rhe MIM:           City of Mesa
                                                ~   Shopping       Instruments         ~rts and
                    ~                               and Fashion     rom Around         Cultural
                                                    Show    -       he World           Gems
            ~                                       Historic
            ~                                       Downtown                           1:00 4:00
                                                                                           —


                            ~,                      Glendale                           Nine and
                                                                                       Wine Golf
                                    ~               1:00—4:00                          un
                                                     he Heard
            ~                                       Museum—
                        .                           World
                                                    Famous for a
                                                    Reason




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LOUNGE          Welcome      —   9:30            9:30 11:30
                                                     —                9:45 11:15
                                                                          —


ACTIVITIES      rour and         Shopping for    Walking Tour:        Walking
                \ctivities       ~uthentic       Orpheum I            rour:
                Preview;         Indian crafts   Wells Fargo,         Historic
                                                 local churches       Rosson
                Light Rail       10:30 Salsa                          House
                Maps to          Making        10:00 (or 2:00)
                PhoenixArt       Demo          rhe Desert as
                Museum,                        tour Neighbor      —


                lapanese         1:15—3:15 Ranger
                Gardens, and     Walking tour: Program
                more             Chase Field

                Bunko Party




All tours I activities are tentative and will be detailed once approved by the Committee.
Most tour costs are below $50 (before Transportation).




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SPOUSE TRIP TOUR DESCRIPTIONS (Tentative):

TUCSON’S TRIFECTA: Enjoy this fun packet tour great for all ages. 1) Visit the
                                                       —


Arizona Sonora Desert Museum a world-renowned zoo, natural history museum and
                                   -


botanical garden, all in one place. 2) Eat lunch and enjoy historian-guided set tours, 3)
See giant cacti in a drive through Saguaro National Park.

VALLEY OF THE SUN CITY TOUR: A great tour to get oriented to the Valley with this
driving tour overview of Phoenix, Tempe and Scottsdale. Places we will pass include
historic churches, homes, and museums, City, State and Federal buildings, State
Capitol, Tempe town Lake, ASU and Grady Gammage Auditorium, Old town Scottsdale,
Phoenician Resort, Arizona Biltmore Hotel and elegant properties at the Biltmore and
along Camelback Road and more.

DESERT EXPERIENCE IN THE MIDDLE OF THE CITY: Look south and you’ll see the
largest municipal park in the country South Mountain Park. This adventure drives you
                                       —


up the mountain for beautiful views of the valley. In addition, you can go on an easy
ranger led hike on the ADA accessible and interpretive trail to learn first had about
desert plants and wildlife. Then, on our way home, we will make a stop at Nina Mason
Pulliam Rio Salado Audubon Center a 600 acre park space in the historic Salt River
                                       —


Corridor. The center is a gateway to a lush Sonoran riparian habitat used by over 200
species of birds and other wildlife.

HORSEBACK RIDE: Take a one-hour horseback ride on a trail nestled in the foothills
of South Mountain Park. $25 per person (add on fee) you will be dropped off at stables
and picked up after the hike concludes at South Mountain Park. Stable has provided
horseback riding to the public since 1985.

SWEETS, SHOPPING, AND FASHION SHOW                        HISTORIC DOWNTOWN
                                                           -


GLENDALE: Named as one of the country’s 10 best places for shopping, enjoy the
specialty stores and antique shops located in Glendale’s historic downtown. Tour the
Bead Museum which is home to more than 110,000 beads. Enjoy the sweet side of
Glendale at their hometown candy factory and have fun seeing fashion a t it s finest at a
fun and flirty fashion show.

THE HEARD MUSEUM WORLD FAMOUS FOR A REASON: The Heard’s opened
                          -


this museum in 1929. A museum of native cultures and art, the Heard is world famous
for its extensive collections of American Indian cultural art and fine art, unique exhibits
and innovative programming. Your visit to the Heard Museum includes 10 exhibition
galleries, outdoor sculpture gardens, a renowned café, art gallery and trading-post style
shopping and more.




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VERDE VALLEY WINE TRAIL TOUR: Take a tour of the Verde Valley in North Central
Arizona that will include the world renowned town and red rocks of Sedona and
Cottonwood, located in the heart of the Verde Valley and quickly becoming the heart of
the Arizona wine industry. Visit several wineries and tasting rooms in Cottonwood and
Jerome and on the scenic waterways along Oak Creek and the Verde River. Stop in
Cottonwood’s historic district, Old Town, to stretch your legs, shop for antiques, do
some wine tasting and have lunch. The tour will conclude in the old mining town of
Jerome before returning to Phoenix.

TEMPE’S CHARM: THE MILL AVENUE DISTRICT: Enjoy a relaxing boat ride or use
your own power to pedal around on beautiful Tempe Town Lake. Next, walk on
cobblestone brick sidewalks along Mill Avenue and enjoy lunch at your choice of many
outstanding restaurants. After some time to shop the many unique stores on Mill, you
can relax at the historic Hackett House for ‘High Tea’ and conversation with your new
friends.

THE MIM     - 10,000 INSTRUMENTS FROM AROUND THE WORLD: The most
extraordinary museum you’ll ever HEAR. Guests wear headsets to hear many of the
instruments which are displayed geographically throughout the facility which opened in
2010. You will be amazed by this one of its kind museums in the world.

DESERT BOTANICAL GARDENS AND PUEBLO GRANDE MUSEUM AND GOURD
EVENT: Located in Papago Park, explore the uniqueness of this beautiful desert
gardens museum. Walk the various trails and learn the unique characteristics of desert
plants from around the world. Then board the bus for a short trip over to the Pueblo
Grande Museum that offers a unique opportunity to learn about the prehistoric and
historic cultures of the Valley of the Sun. Visit prehistoric ruins, replicated housing,
canal systems and interpretive agricultural garden. Special for Veterans Day the    —


museum is hosting an event that has American Indian dance performance and groups
selling baskets, jewelry, pottery, Kachina dolls and more.

SCOTTSDALE FASHION SQUARE EXPERIENCE AND MORE: Arizona’s largest
shopping destination! Begin your outing with an hour-long workshop about planning
your wardrobe from a Nordstrom’s personal shopper. Enjoy peeking into your
Nordstrom good bag and reviewing your Westcor coupon book before you head out for
your shopping discoveries. Jump on Scottsdale’s trolley and spend some of your time
in Old Scottsdale too. There will be several options for times to return to the convention
center.

CITY OF MESA ARTS AND CULTURAL GEMS: Guests will receive a behind the
scenes tour of Mesa’s Art Center, to include a mini performance and a glass blowing
demonstration. In easy walking distance, guests will also be able to explore Arizona’s
Natural History Museum with its dinosaurs and Paleo Dig Pit; and/or the Arizona
Museum for Youth featuring The Art of Warner Bros. Cartoons exhibit.


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NINE AND WINE GOLF FUN: Take a break one afternoon and join other golf
                    -


enthusiast for a relaxing nine holes of golf and wine at the nineteenth hole. Encanto Golf
Course is a Phoenix course located in the heart of downtown.

ANCIENT TREASURES OF NORTHERN ARIZONA                       -   FLAGSTAFF I GRAND
CANYON OVERNIGHT: Northern Arizona is held in high regard by the people native to
this land. The area has both living traditions and cultures, as well as monuments to the
people who came before. Simply driving to these destinations is eye candy! On
Saturday we will drive 4 hours to the Grand Canyon National Park. Upon first looking
into the canyon, you will rejoice in the views and have a memory you’ll never forget.
Visit the famous Canyon hotel El Tovar and Bright Angel Lodge. We will leave the
                                   —


Canyon late afternoon to dine and overnight in Flagstaff. The next morning we’ll visit
Wupatki National Monument (or Sunset Crater) and Walnut Canyon National Monument
that offers a scenic but strenuous hike along the one-mile Island Trail that offers
premium views of cliff dwellings up close. A stop will be made at the Cameron Indian
Trading Post to buy Native American treasures. A trading post since 1916.




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                                ATTACHMENT C
                        ADMINISTRATIVE REGULATION 2.324



POLICY ON SUBSTANCE ABUSE (A.R. 2.324)
Effective: July 28, 2008
Review Date: April 22, 2010


INTRODUCTION

Transmittal Message
This AR (Administrative Regulation) has been revised due to changes in the law
regarding pre-employment drug testing for public sector employers. Questions
regarding this AR should be directed to the Human Resources Department at (602)
262-7770.

Summary of Changes
AR 2.324 was last revised in 2008. Section 4A regarding pre-employment drug
testing has been revised to reflect the new City standards.

PURPOSE

The City of Phoenix recognizes that its employees are its most important resource.
The purpose of this document is to outline the City of Phoenix policy regarding drug
and alcohol abuse, and to provide guidance to supervisors in addressing substance
abuse issues.

Congress enacted the Drug-Free Workplace Act of 1988. This requires that an
organization receiving federal grants maintain a drug-free workplace.

The Act requires that, as a condition of employment, each employee agrees to abide
by the Drug-Free Workplace statement. This prohibits the unlawful manufacture,
distribution, dispensation, possession, or improper unauthorized use of a controlled
substance in the workplace. A violation of this agreement is grounds for discipline up
to and including dismissal.

The City of Phoenix also recognizes that drug and alcohol abuse may sometimes be
successfully treated, enabling the employee to return to a satisfactory job
performance level.




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SCOPE

  A.     This AR applies to all City of Phoenix employees.

  B. The Fire and Police Departments have specific departmental regulations
     governing substance abuse, and their employees are also subject to those
     departmental regulations.

  C.     Employees who occupy positions that require a CDL (Commercial Drivers
         License) are also subject to specific City and governmental policies and
         procedures related to substance abuse.

POLICY

   A.    It is the employee’s responsibility to demonstrate satisfactory job
         performance at all times.

   B.    The City of Phoenix recognizes that drug and alcohol abuse may have an
         adverse effect on job performance.

   C.    Reporting for work under the influence of drugs or alcohol, or any substance
         that impairs an employee’s mental or physical capacity, will not be tolerated.

   D.    Refusal to submit to reasonable cause testing can subject the employee to
         disciplinary action up to and including dismissal.

   E. Under no circumstance will an employee be allowed to operate equipment or
      drive a motor vehicle when it reasonably appears that his/her ability to do so
      has been impaired.

   F.    Employees who are concerned about their drug and/or alcohol use are
         strongly encouraged to voluntarily seek assistance. The EAP (Employee
         Assistance Program) in the Human Resources Department is available as a
         resource for all employees. An employee’s job security and/or promotional
         opportunities will not be jeopardized by the voluntary utilization of the EAP or
         any other treatment services.

   G. Supervisors are encouraged to inform employees of the availability of EAP
      services when deteriorating or unsatisfactory job performance does not
      respond to usual supervisory actions, or when a specific on-the-job incident
      is cause for concern. A supervisor should not attempt to diagnose an
      employee’s problems. The supervisor’s role is to monitor job performance
      and to make a supervisory referral, if appropriate.



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   H. Confidentiality is an essential element of both the EAP and substance abuse
      treatment. Any employee violating this confidentiality will be subject to
      disciplinary action.

        An employee’s use of a substance abuse treatment program does not
        replace normal disciplinary procedures for unsatisfactory job performance or
        inappropriate conduct.

   J.   Employees are prohibited from reporting to work after using over the counter
        or prescription medications that impair job performance. Employees should
        discuss potential side effects of any medications with their medical provider.

   K.   The unauthorized use, sale, purchase, or possession of alcohol, human
        growth hormones, illegal drugs, and/or controlled substances, at the
        worksite, is prohibited and shall be grounds for discipline up to and including
        dismissal. Controlled substances include but are not limited to: anabolic
        steroids, Oxycontin, Morphine, Percocet, Demerol, Valium, Soma, Ambien,
        etc. The use of controlled substances, with a valid prescription, may be
        permissible if the substance does not impair job performance. The misuse of
        controlled substances, even if there is a valid prescription, or the use of
        controlled substances with the knowledge that it will likely impair job
        performance, may also subject the employee to appropriate disciplinary
        action.

   L.   An employee who reports to work and appears to be under the influence of
        intoxicating liquor, any drug, a vapor releasing substance containing a toxic
        substance or any combination of liquor, drugs or vapor releasing substances
        will be subject to reasonable cause testing.

   M. The consumption of alcohol is prohibited during the employee’s business
      hours and/or during overtime, paid standby/on call duty, lunch and breaks.

   N.   No employee, while dressed in a City issued uniform or wearing a City
        issued badge, shall purchase or consume alcoholic beverages and/or illegal
        substances.

TYPES OF TESTING

   A. PRE-EMPLOYMENT As a condition of employment, new City employees in
                             -


      the following positions must pass a pre-employment urine drug screen
      prior to beginning employment with the City of Phoenix: Commercial
      Drivers License positions, public safety positions, positions responsible
      for Homeland Security, positions that work with gases or hazardous
      materials, positions that have direct, unsupervised access to children or


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   vulnerable adults, positions with unsupervised access to medical
   records or drugs, and positions designated as ‘driving’ positions
   because they are required to operate a city vehicle or their own vehicle
   on city business a minimum of once per week.

   In addition, current City of Phoenix employees who are moved into a position
   that requires a CDL (Commercial Drivers License) will be required to pass a
   NIDA (National Institute on Drug Abuse) pre-employment drug screen and
   breath alcohol test in compliance with federally mandated guidelines.

         1) A potential candidate who completes a pre-employment urine drug
            screen must start employment with the City of Phoenix within 30
            calendar days of the initial urine drug screen. If the candidate does
            not begin employment within 30 calendar days, the candidate will be
            required to complete another pre-employment drug screen on the
            31st day or after.


        2) In certain instances, a pre-employment urine drug screen can be
           administered in other states in order to accommodate those
           candidates who reside outside the State of Arizona. The
           department’s human resources liaison will work with the Alcohol and
           Drug Testing Coordinator to coordinate this type testing.

        3) Those candidates who are unable to complete a “urine” drug screen
           due to an existing long or short term medical condition, will be
           required to complete another form of pre-employment drug screen as
           a condition of employment, which could include a saliva and/or blood
           draw test. This type of testing is an exception and will be used only
           in medically confirmed and well documented instances.

B. REASONABLE CAUSE The City of Phoenix, as an employer, has an
                              —


   obligation to ensure the safety of its employees and the general public.
   Reasonable cause drug and alcohol testing may be conducted when one, or
   two supervisors, when feasible, have observed and documented conduct
   and/or behaviors that may signal impairment of an employee in the workplace.
   Reasonable cause drug and alcohol testing may be conducted when the City
   of Phoenix receives information regarding an employee and his/her use of an
   illegal substance, misuse of prescription medications, and/or the consumption
   of alcohol during work hours. For example, employees involved in accidents
   may be required to complete post accident drug and alcohol testing it the
   employee’s conduct and/or behavior at the accident scene leads supervisors
   to suspect possible impairment.




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   C. FOLLOW UP An employee who tests positive for drugs and/or alcohol, may
                          —


      be offered the opportunity to sign a Last Chance Employment Agreement
      which will set the terms and conditions of continued employment. An
      employee’s refusal to sign or abide by the agreement will result in termination
      of employment. The employee will be subject to follow up drug and/or alcohol
      testing as prescribed by a City designated SAP (Substance Abuse
      Professional) after successfully completing a rehabilitation program and
      producing a negative return to work drug test result. The SAP will determine
      the type and duration of the follow up schedule.

          An employee who tests positive while on initial probation does not qualify for a
          Last Chance Agreement and the employee will be terminated.

   D. RANDOM Employees who are in positions that require a CDL (Commercial
                     —


      Drivers License) are federally mandated to complete random drug and alcohol
      testing. Employees in sworn Police positions and sworn Fire positions are
      subject to random drug and alcohol testing as prescribed by their
      departmental policies.

   E. POST ACCIDENT Employees who are in positions that require a CDL are
                              —


      federally mandated to complete drug and alcohol testing when involved in a
      vehicular accident and when certain criteria is met. This criterion is listed in
      the City of Phoenix Alcohol and Drug Testing Programs, Commercial Drivers
      License, Federal Motor Carriers Safety Administration (FMCSA) Policy and
      Federal Transit Administration (ETA) Policy.

SUBSTANCES TESTED FOR AND ALCOHOL CONCENTRATION CUTOFF LEVEL

  The City of Phoenix tests for the following substances during pre-employment,
  random, reasonable cause and follow-up tests (exception: in accordance with
  federally mandated DOT regulations for CDL employees, only the first 5
  substances listed below will be tested under a CDL random drug test):

      •     Cannabinoids (Marijuana)
      •     Cocaine
      •     Opiates
      •     Phencyclidine (PCP)
      •     Amphetamines
      •     Barbiturates
      •     Benzadiazepines
      •     Propoxyphene
      •     Methadone




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   In addition, all City employees will be tested for anabolic steroids during
   reasonable cause tests. The Police and Fire departments also include anabolic
   steroid testing in their pre-employment tests and the Police Department includes
   anabolic steroid testing in its random drug and alcohol testing program. The City
   of Phoenix reserves the right to test for substances other than those listed above.

   When a breath alcohol test is administered during a random, reasonable cause,
   post-accident, or follow up test, an alcohol concentration level of 0.02 or higher will
   be considered positive.

EMPLOYEE RESPONSIBILITIES

   A.   All City employees are expected to report to work in a state of readiness to
        perform their job duties and responsibilities without being under the influence
        of any substance that impairs their performance or presents a hazard to their
        co-workers or members of the public.

   B.   Employees are prohibited from reporting to work after using over the counter
        or prescription medications that impair job performance. Employees should
        discuss potential side effects of any medications with their medical provider.
        An employee using over the counter medications or prescribed medications,
        which could impair the employee’s job performance, shall report the name of
        the medication to his/her supervisor or the department human resources
        liaison.

   C.   Employees who are concerned about their drug and/or alcohol use are
        strongly encouraged to voluntarily seek assistance. The Employee
        Assistance Program (EAP) is available as a resource for all employees.

   D. The EAP is available for assessment, referral to treatment, and follow-up.
      Any employee of the City of Phoenix wishing confidential assistance for a
      possible drug or alcohol problem can call the EAP office and arrange for an
      appointment with a counselor.

        All self-referral contacts are held in confidence by the EAP unless the
        employee requests, through specific written release of information, that the
        department, supervisor, union, or other parties be notified. If the problem
        involves danger to the employee, co-workers, or to the public, the EAP
        counselor shall notify the City of Phoenix.

   E.   An employee can schedule an appointment with EAP on his/her own time
        (days off, before or after the work shift, during lunch break) without notifying
        anyone in the department.



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            1) Release Time An employee can schedule EAP appointments on City
                               —


               time with the approval of the supervisor. An employee may use the
               EAP on “City Business” time for up to three (3) visits per calendar year,
               with the supervisor’s prior approval for scheduling purposes. It is not
               necessary nor is it required to let the supervisor know the purpose of
               the EAP visits. The EAP counselor may request approval for additional
               visits on City time. This approval is at the discretion of the immediate
               supervisor, based on the needs of the employee and the work unit’s
               operation.

            2) Leave Request If an employee requires leave for voluntary substance
                                   -


               abuse treatment, he/she can follow established personnel policy
               concerning sick leave usage. If an employee requests that the purpose
               of the sick leave not be disclosed to his/her immediate supervisor, the
               doctor’s medical slip can be processed directly through the City’s
               EAP/Weilness Coordinator. The EAP/ Wellness Coordinator will
               contact the department head or his/her designee for authorization of
               leave. The department head or designee shall maintain confidentiality
               regarding the reason for the leave when advising the supervisor of the
               employee’s time away.

            3) Health Insurance Health insurance coverage applies to substance
                                       -


               abuse treatment within the terms of each individual’s specific policy.
               The employee assumes the financial responsibility for all services
               which are not covered by insurance.

SUPERVISORY RESPONSIBILITIES

If a supervisor has reasonable grounds to believe that an employee is under the
influence of drugs or alcohol when reporting for work or during the work shift, the
supervisor has a responsibility to investigate the employee’s condition and relieve the
employee of his/her duties if appropriate.

The possibility of liability to the City and to the supervisor exists if an employee who
may be under the influence of drugs or alcohol is allowed to continue to work, to
operate or drive vehicles or equipment on the job, or to drive a private vehicle from the
work site. An employee who is believed to be under the influence of drugs or alcohol
should not be allowed to operate equipment or drive a vehicle, including a private
vehicle.

   A. Managers, supervisors, union representatives and other employee
      representatives play a key role in the implementation and monitoring of a drug
      and alcohol abuse policy. Education and training are critical to facilitate an



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    understanding and the management of performance problems resulting from
    drug and alcohol abuse.

B. It is the responsibility of supervisors at every level to monitor employee job
   performance and conduct and to take appropriate action if impairment on the
   job is suspected.

C. Supervisors are encouraged to inform employees of the availability of EAP
   (Employee Assistance Program) when deteriorating or unsatisfactory job
   performance does not respond to usual supervisory actions; or when a specific
   on-the-job incident is cause for concern. A supervisor should not attempt to
   diagnose an employee’s problems.

D. Observation If a supervisor observes an employee who seems to be under the
                -


   influence of alcohol or drugs, he/she should, if practical, seek the opinion of at
   least one additional supervisor or management representative. Reasonable
   cause should exist before requesting the employee to take a urine drug screen
   and breath alcohol test. Reasonable cause would include a combination of
   various factors such as (this list is not all inclusive):

           •   slurred speech
           •   red eyes
           •   dilated pupils
           •   incoherence
           •   unsteadiness on feet
           •   smell of alcohol or marijuana coming from the employee’s body
           •   inability to carry on a rational conversation
           •   increased carelessness
           •   erratic behavior
           •   inability to perform job duties
           •   inexplicable/uncontrollable rage
           •   other unexplained behavior or physical changes

   The supervisors shall document these observations in writing. A copy of this
   document will be provided to the employee upon request.

E. Referral for Testing If the supervisor determines that reasonable suspicion of
                       —


   impairment exists, the employee should not be allowed to drive and will be
   directed to accompany the supervisor to the City contracted drug/alcohol
   screening center for a urine drug screening and breath alcohol test to
   determine fitness for duty. Each employee is hereby informed that:
          • the tests will be conducted on City time and paid for by the City, and
             are part of his/her job requirements.


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                              CITY OF PHOENIX
                    NATIONAL LEAGUE OF CITIES HOST CITY
                                                      -


                     DESTINATION MANAGEMENT COMPANY
                       2011 REQUEST FOR PROPOSALS
                                -




             . refusal to take the test or sign the release of information forms may
               result in disciplinary action up to and including dismissal.
             • he/she will not be allowed to drive home (supervisors may work with
               the employee to arrange for alternate transportation home)
               and placed on an at home administrative work assignment until the
               results of the test are received by the City of Phoenix.
             • Employees who refuse to take the test will be placed on unpaid leave
               pending appropriate disciplinary action.

   F. Test Results Employees who test positive for alcohol during a random test
                    -


      shall be considered unfit for work and shall be relieved from duty that day. The
      employee will not be allowed to drive to the screening center or home. The
      employee will be placed on at home work administrative work assignment until
      the results of the drug test have been received.

   G. A supervisor who observes an employee selling, purchasing, transferring,
      using, or possessing alcohol or drugs while on the job should take immediate
      and appropriate action which may include contacting the Police Department.
      Observations about the employee’s behavior, as well as the discussions and
      contacts with him/her should be documented in writing. The supervisor should
      immediately report these observations to his/her own supervisor and the
      department’s human resources liaison for guidance. The Alcohol and Drug
      Testing Office should also be contacted immediately.

   H. Discipline/Treatment If the employee tests positive for alcohol and/or drugs,
                            -


      the department should contact the Human Resources Department to discuss
      the appropriate level of disciplinary action. The employee will be referred to a
      City designated SAP (Substance Abuse Professional) who will make the
      assessment and determination of the appropriate rehabilitation and treatment
      program. During the rehabilitation and treatment program, employees may use
      accrued vacation and/or compensatory time until the employee has completed
      the rehabilitation program, and has a negative result on the return to work
      alcohol and drug test. If the employee does not have accrued vacation or
      compensatory time, the employee will be placed in a non-paid leave status.
      Any follow-up requirements will be held during the employee’s non-work hours
      and the employee will not be paid for the follow-up appointments.

ENFORCEMENT

The Alcohol and Drug Test Program is administered by the Human Resources
Department. Questions regarding this AR should be directed to the Human Resources
Department at (602) 262-7770.




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                              CITY OF PHOENIX
                    NATIONAL LEAGUE OF CITIES HOST CITY-


                     DESTINATION MANAGEMENT COMPANY
                       2011 REQUEST FOR PROPOSALS
                              -




Violations of this Administrative Regulation may be subject to disciplinary action up to
and including termination.


                                               DAVID CAVAZOS, City Manager




                                        By:
                                               Lisa Takata
                                               Executive Assistant to the City Manager




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