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PROFESSIONAL SERVICES AGREEMENT
MURPHY PARK LIGHTS DISPLAY
City of Glendale Solicitation No. RFP 21-15
This Professional Services Agreement ("Agreement") is enteted into and effective between CITY OF GLENDALE,
an Arizona municipal corporation ("City") and Credit Management Group, LLC dba Christmas Light Decorators, an
Arizona corporation, ("Consultant") as of the day of , 20 (“Effective Date”).
RECITALS
A. City intends to undertake a project for the benefit of the public and with public funds that is more fully set
forth in Exhibit A, Project (the "Project");
B. City desires to retain the professional services of Consultant to perform certain specific duties and produce
the specific work as set forth in the attached Exhibit B, Project Scope of Work (“Scope”);
on Consultant desires to provide City with professional services (“Services”) consistent with best consulting or
architectural practices and the standards set forth in this Agreement, in order to complete the Project; and
D. City and Consultant desire to memorialize their agreement with this document.
AGREEMENT
The parties hereby agree as follows:
1. Key Personnel; Other Consultants and Subcontractors.
1.1 Professional Services. Consultant will provide all Services necessary to assure the Project is
completed timely and efficiently consistent within Project requirements, including, but not limited
to, working in close interaction and interfacing with City and its designated employees, and working
closely with othets, including other consultants or contractors, retained by City.
1.2 Project Team.
a. Project Manager.
(1) Consultant will designate an employee as Project Manager with sufficient training,
knowledge, and experience to, in the City's opinion, complete the project and
handle all aspects of the Project such that the work produced by Consultant is
consistent with applicable standards as detailed in this Agreement; and
(2) The City must approve the designated Project Manager.
b. Project Team.
63) ‘The Project Manager and all other employees assigned to the Project by
Consultant will comprise the "Project Team."
(2) Project Manager will have responsibility for and will supervise all other employees
assigned to the Project by Consultant.
c. Discharge, Reassign, Replacement.
(4) Consultant acknowledges the Project Team is comprised of the same persons and
roles for each as may have been identified in Exhibit A.
(2) Consultant will not discharge, reassign, replace or diminish the responsibilities of
any of the employees assigned to the Project who have been approved by City
without City's prior written consent unless that person leaves the employment of
Consultant, in which event the substitute must first be approved in writing by City.
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(3) Consultant will change any of the members of the Project Team at the City's
request if an employee's performance does not equal or exceed the level of
competence that the City may reasonably expect of a person performing those
duties, or if the acts or omissions of that person are detrimental to the
development of the Project.
Subcontractors.
(1) Consultant may engage specific technical contractors (each a "Subcontractor") to
furnish certain service functions.
(2) Consultant will remain fully responsible for Subcontractot's setvices.
(3) Subcontractors must be approved by the City.
(4) Consultant will certify by letter that all contracts with Subcontractors have been
executed incorporating requirements and standards as set forth in this Agreement.
Schedule. The Services will be undertaken in a manner that ensures the Project is completed timely and
efficiently in accordance with the Project.
Consultant’s Work.
3.1
3.2
3.3
3.4
Standard. Consultant must perform Services in accordance with the standards of due diligence,
care, and quality prevailing among consultants having substantial experience with the successful
furnishing of Services for projects that ate equivalent in size, scope, quality, and other criteria under
the Project and identified in this Agreement.
Licensing. Consultant warrants that:
a.
Consultant and its Subconsultants or Subcontractors will hold all appropriate and required
licenses, registrations and other approvals necessaty for the lawful furnishing of Services
("Approvals"); and
Neither Consultant nor any Subconsultant or Subcontractor has been debarted or
otherwise legally excluded from contracting with any federal, state, or local governmental
entity ("Debarment").
(1) City is under no obligation to ascertain or confirm the existence or issuance of any
Approvals or Debarments, or to examine Consultant's contracting ability.
(2) Consultant must notify City immediately if any Approvals or Debarment changes
during the Agreement's duration. The failure of the Consultant to notify City as
required will constitute a material default under the Agreement.
Compliance.
a.
Services will be furnished in compliance with applicable federal, state, county and local
statutes, rules, regulations, ordinances, building codes, life safety codes, and other
standards and criteria designated by City.
Consultant must not disctiminate against any employee or applicant for employment on
the basis of race, color, religion, sex, national origin, age, marital status, sexual orientation,
gender identity or expression, genetic characteristics, familial status, U.S. military veteran
status or any disability. Consultant will require any Sub-contractor to be bound to the
same requirements as stated within this section. Consultant, and on behalf of any
subcontractors, warrants compliance with this section.
Coordination: Interaction.
a.
For projects that the City believes requires the coordination of various professional
services, Consultant will work in close consultation with City to proactively interact with
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4.
3.5
any other professionals retained by City on the Project ("Coordinating Project
Professionals").
Consultant will meet to review the Project, Schedule and in-progtess work with
Coordinating Project Professionals and City as often and for durations as City reasonably
considers necessary in order to ensure the timely work delivery and Project completion.
For projects not involving Coordinating Project Professionals, Consultant will proactively
interact with any other contractors when directed by City to obtain or disseminate timely
information for the proper execution of the Project.
Work Product.
a.
Ownership. Upon receipt of payment for Services furnished, Consultant grants to City,
and will cause its Subconsultants or Subcontractors to grant to the City, the exclusive
ownership of and all copyrights, if any, to evaluations, reports, drawings, specifications,
project manuals, surveys, estimates, reviews, minutes, all "architectural work" as defined in
the United States Copyright Act, 17 U.S.C § 101, et seg., and other intellectual work product
as may be applicable ("Work Product").
(1) This grant is effective whether the Work Product is on paper (¢.g., a "hatd copy"),
in electronic format, or in some other form.
(2) Consultant warrants, and agrees to indemnify, hold harmless and defend City for,
from and against any claim that any Work Product infringes on third-party
proprietary interests.
Delivery. Consultant will deliver to City copies of the preliminary and completed Work
Product promptly as they are prepared.
City Use.
(1) City may reuse the Work Product at its sole discretion.
(2) In the event the Work Product is used for another project without further
consultations with Consultant, the City agrees to indemnify and hold Consultant
harmless from any claim arising out of the Work Product.
(3) In such case, City will also remove any seal and title block from the Work Product.
Compensation for the Project.
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4.2
4.3
Compensation. Consultant's compensation for the Project, including those furnished by its
Subconsultants or Subcontractors will not exceed $86,312 as specifically detailed in Exhibit D
("Compensation").
Change in Scope of Project. The Compensation may be equitably adjusted if the originally
contemplated Scope as outlined in the Project is significantly modified.
a.
Adjustments to Compensation require a written amendment to this Agreement and may
require City Council approval.
Additional services which are outside the Scope of the Project contained in this Agreement
may not be performed by the Consultant without prior written authorization from the City.
Notwithstanding the incorporation of the Exhibits to this Agreement by reference, should
any conflict arise between the provisions of this Agreement and the provisions found in
the Exhibits and accompanying attachments, the provisions of this Agreement shall take
priority and govern the conduct of the parties.
Allowances. An “Allowance” may be identified in Exhibit D only for work that is required by the
Scope and the value of which cannot reasonably be quantified at the time of this Agreement.
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5.
44
As stated in Sec. 4.1 above, the Compensation must incorporate all Allowance amounts
identified in Exhibit D and any unused allowance at the completion of the Project will
remain with City.
Consultant may not add any mark-up for work identified as an Allowance and which is to
be performed by a Subconsultant.
Consultant will not use any portion of an Allowance without prior written authorization
from the City.
Examples of Allowance items include, but are not limited to, subsurface pothole
investigations, survey, geotechnical investigations, public participation, radio path studies
and material testing.
Expenses. City will reimburse Consultant for certain out-of-pocket expenses necessarily incurred
by Consultant in connection with this Agreement, without mark-up (the “Reimbursable
Expenses”), including, but not limited to, document reproduction, materials for book preparation,
postage, courier and overnight delivery costs incurred with Federal Express or similar carriers,
travel and car mileage, subject to the following:
a.
Mileage, airfare, lodging and other travel expenses will be reimbursable only to the extent
these would, if incurred, be reimbursed to City of Glendale personnel under its policies
and procedures for business travel expense reimbursement made available to Consultant
for review prior to the Agreement’s execution, and which policies and procedures will be
furnished to Consultant;
The Reimbursable Expenses in this section are approved in advance by City in writing; and
The total of all Reimbursable Expenses paid to Consultant in connection with this
Agreement will not exceed the “not to exceed” amount identified for Reimbursable
Services in the Compensation.
Billings and Payment.
5.1
5.2
5.3
Applications.
a.
Consultant will submit monthly invoices (each, a "Payment Application") to City's Project
Manager and City will remit payments based upon the Payment Application as stated
below.
b. The period covered by each Payment Application will be one calendar month ending on
the last day of the month.
Payment.
a. After a full and complete Payment Application is received, City will process and remit
payment within 30 days.
b. Payment may be subject to or conditioned upon City's receipt of:
(1) Completed work generated by Consultant and its Subconsultants and
Subcontractors; and
(2) Unconditional waivers and releases on final payment from all Subconsultants and
Subcontractors as City may reasonably request to assure the Project will be free of
claims arising from required performances under this Agreement.
Review and Withholding. City's Project Manager will timely review and certify Payment
Applications.
a.
If the Payment Application is rejected, the Project Manager will issue a written listing of
the items not approved for payment.
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b.
‘Termination.
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a.
b.
6.2
City may withhold an amount sufficient to pay expenses that City reasonably expects to
incur in correcting the deficiency or deficiencies rejected for payment.
For Convenience. City may terminate this Agreement for convenience, without cause, by
delivering a written termination notice stating the effective termination date, which may not be less
than 15 days following the date of delivery.
Consultant will be equitably compensated for Services furnished prior to receipt of the
termination notice and for reasonable costs incurred.
Consultant will also be similarly compensated for any approved effort expended, and
approved costs incurred, that are directly associated with Project closeout and delivery of
the required items to the City.
For Cause. City may terminate this Agreement for cause if Consultant fails to cure any breach of
this Agreement within seven days after receipt of written notice specifying the breach.
a.
Consultant will not be entitled to further payment until after City has determined its
damages. If City's damages resulting from the breach, as determined by City, are less than
the equitable amount due but not paid Consultant for Services furnished, City will pay the
amount due to Consultant, less City's damages, in accordance with the provision of Sec. 5.
If City's direct damages exceed amounts otherwise due to Consultant, Consultant must pay
the difference to City immediately upon demand; however, Consultant will not be subject
to consequential damages more than $1,000,000 or the amount of this Agreement,
whichever is greater.
Conflict. Consultant acknowledges this Agreement is subject to A.R.S. § 38-511, which allows for
cancellation of this Agreement in the event any petson who is significantly involved in initiating,
negotiating, secuting, drafting, or creating the Agreement on City's behalf is also an employee, agent, or
consultant of any other party to this Agreement.
Insurance. For the duration of the term of this Agreement, Consultant shall procure and maintain
insurance against claims for injuries to persons or damages to property which may arise from or in
connection with the performance of all tasks ot work necessary to complete the Project as herein defined.
Such insurance shall cover Consultant, its agent(s), representative(s), employee(s) and any subcontractors.
8.1
Minimum Scope and Limit of Insurance. Coverage must be at least as broad as:
a.
Commercial General Liability (CGL): Insurance Services Office Form CG 00 01,
including products and completed operations, with limits of no less than $1,000,000 per
occurrence for bodily injury, personal injury, and property damage. If a general aggregate
limit applies, either the general aggregate limit shall apply separately to this project/location
or the general aggregate limit shall be twice the required occurrence limit.
Automobile Liability: Insurance Services Office Form Number CA 0001 covering Code 1
(any auto), with limits no less than $1,000,000 per accident for bodily injury and property
damage.
Professional Liability. Consultant must maintain a Professional Liability insurance
covering errors and omissions arising out of the work or services performed by Consultant,
or anyone employed by Consultant, or anyone for whose acts, mistakes, errors and
omissions Consultant is legally liability, with a liability insurance limit of $1,000,000 for
each claim and a $2,000,000 annual aggregate limit.
Worker’s Compensation: Insurance as required by the State of Arizona, with Statutory
Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per
accident for bodily injury or disease.
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8.3
8.4
8.5
8.2
Indemnification.
a. To the fullest extent permitted by law, Consultant must defend, indemnify, and hold
harmless City and its elected officials, officers, employees and agents (each, an
"Indemnified Party," collectively, the "Indemnified Parties") for, from, and against any and
all claims, demands, actions, damages, judgments, settlements, personal injury (including
sickness, disease, death, and bodily harm), property damage (including loss of use),
infringement, governmental action and all other losses and expenses, including attorneys’
fees and litigation expenses (each, a "Demand or Expense" collectively "Demands or
Expenses") asserted by a third-party (i.e. a person or entity other than City or Consultant)
and that arises out of or results from the breach of this Agreement by the Consultant or
the Consultant’s negligent actions, errors or omissions (including any Subconsultant or
Subcontractor or other person or firm employed by Consultant), whether sustained before
or after completion of the Project.
b. This indemnity and hold harmless provision applies even if a Demand or Expense is in
part due to the Indemnified Party's negligence or breach of a responsibility under this
Agreement, but in that event, Consultant will be liable only to the extent the Demand or
Expense results from the negligence or breach of a responsibility of Consultant or of any
person or entity for whom Consultant is responsible.
c. Consultant is not required to indemnify any Indemnified Parties for, from, or against any
Demand or Expense resulting from the Indemnified Party's sole negligence or other fault
solely attributable to the Indemnified Party.
Other Insurance Provisions. The insurance policies required by the Section above must contain,
ot be endotsed to contain the following insurance provisions:
a. The City, its officers, officials, employees and volunteers are to be covered as
additional insureds of the CGL and automobile policies for any liability atising from or
in connection with the performance of all tasks or work necessary to complete the Project
as herein defined. Such liability may arise, but is not limited to, liability for materials, parts
or equipment furnished in connection with any tasks, or work performed by Consultant or
on its behalf and for liability arising from automobiles owned, leased, hired or borrowed
on behalf of the Consultant. General liability coverage can be provided in the form of an
endorsement to the Consultant’s existing insurance policies, provided such endorsement is
at least as broad as ISO Form CG 20 10, 11 85 or both CG 20 10 and CG 23 37, if later
revisions are used.
b. For any claims related to this Project, the Consultant’s insurance coverage shall be
primary insurance with respect to the City, its officers, officials, employees, and
volunteers. Any insurance or self-insurance maintained by the City, its officers, officials,
employees or volunteers shall be in excess of the Consultant’s insurance and shall not
contribute with it.
c. Each insurance policy required by this Section shall provide that coverage shall not be
canceled, except after providing notice to the City.
Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of
no less than A: VII, unless the Consultant has obtained prior approval from the City stating that a
non-conforming insurer is acceptable to the City.
Waiver of Subrogation. Consultant hereby agrees to waive its rights of subrogation which
any insuret may acquite from Consultant by virtue of the payment of any loss. Consultant agrees
to obtain any endorsement that may be necessary to effect this watver of subrogation. The
Workers’ Compensation Policy shall be endorsed with a waiver of subrogation in favor of the City
for all work performed by the Consultant, its employees, agent(s) and subcontractor(s).
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10.
11.
8.6 Verification of Coverage. Within 15 days of the Effective Date of this Agreement, Consultant shall
furnish the City with original certificates and amendatory endorsements, or copies of any applicable
insurance language making the coverage required by this Agreement effective. All certificates and
endorsements must be received and approved by the City before work commences. Failure to
obtain, submit or secure the City’s approval of the required insurance policies, certificates or
endorsements prior to the City’s agreement that work may commence shall not waive the
Consultant’s obligations to obtain and verify insurance coverage as otherwise provided in this
Section. The City reserves the right to require complete, certified copies of all required insurance
policies, including any endorsements or amendments, required by this Agreement at any time
during the Term stated herein.
Consultant’s failure to obtain, submit or secure the City’s approval of the required insurance
policies, certificates or endorsements shall not be considered a Force Majeure or defense for any
failure by the Consultant to comply with the terms and conditions of the Agreement, including any
schedule for performance or completion of the Project.
8.7 Subcontractors. Consultant shall require and shall verify that all subcontractors maintain insurance
meeting all requirements of this Agreement.
8.8 Special Risk or Circumstances. The City reserves the right to modify these insurance requirements,
including any limits of coverage, based on the natute of the tisk, prior experience, insurer, coverage
or other circumstances unique to the Consultant, the Project or the insurer.
E-verify, Records and Audits. ‘To the extent applicable under A.R.S. § 41-4401, the Consultant warrant
theit compliance and that of its subconsultants with all federal immigration laws and regulations that relate
to their employees and compliance with the E-verify requirements under A.R.S. § 23-214(A). The
Consultant or subconsultant’s breach of this warranty shall be deemed a material breach of the Agreement
and may result in the termination of the Agreement by the City under the terms of this Agreement. The City
retains the legal right to randomly inspect the papers and records of the other party to ensure that the other
party is complying with the above-mentioned warranty. The Consultant and subconsultant warrant to keep
their respective papers and records open for random inspection during normal business houts by the other
party. The parties shall cooperate with the City’s random inspections, including granting the inspecting party
entty rights onto theit respective properties to perform the random inspections and waiving their respective
rights to keep such papers and records confidential.
No Boycott of Israel. ‘To the extent A.R-S § 35-393 through § 35-393.03 are applicable, the parties hereby
certify that they are not currently engaged in, and agree for the duration of the Agreement to not engage in,
a boycott of goods or services from Israel, as that term is defined in A.R.S § 35-393.
Attestation of PCI Compliance. When applicable, the Consultant will provide the City annually with a
Payment Card Industry Data Security Standard (PCI DSS) attestation of compliance certificate signed by an
officer of Consultant with oversight responsibility.
Notices.
12.1. A notice, request or other communication that is required or permitted under this Agreement (each
a "Notice") will be effective only if:
a. The Notice is in writing; and
b. Delivered in person or by overnight courier service (delivery charges prepaid), certified or
registered mail (return receipt requested).
c Notice will be deemed to have been delivered to the person to whom it is addressed as of
the date of receipt, if:
() Received on a business day before 5:00 p.m. at the address for Notices identified
for the Party in this Agreement by U.S. Mail, hand delivery, or overnight courier
service; ot
(2) As of the next business day after receipt, if received after 5:00 p.m.
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d. The burden of proof of the place and time of delivery is upon the Party giving the Notice.
e Digitalized signatures and copies of signatures will have the same effect as original
signatures.
12.2 Representatives.
a. Consultant. Consultant's representative (the "Consultant's Representative") authorized to
act on Consultant's behalf with respect to the Project, and his or her address for Notice
delivery is:
Credit Management Group, LLC dba Christmas Light Decorators
c/o Douglas Topham
PO Box 21141
Mesa, AZ 85277
b. City. City's representative ("City's Representative") authorized to act on City's behalf, and
his or her address for Notice delivery is:
City of Glendale
c/o Anthony Weathersby
5850 W Glendale Ave, Suite 317
Glendale, Arizona 85301
With required copy to:
City Manager City Attorney
City of Glendale City of Glendale
5850 West Glendale Avenue 5850 West Glendale Avenue
Glendale, Arizona 85301 Glendale, Arizona 85301
c. Concurrent Notices.
(1) All notices to City's representative must be given concurrently to City Manager
and City Attorney.
(2) A notice will not be deemed to have been received by City's representative until
the time that it has also been received by the City Manager and the City Attorney.
(3) City may appoint one or mote designees for the purpose of receiving notice by
delivery of a written notice to Consultant identifying the designee(s) and their
respective addresses for notices.
d. Changes. Consultant or City may change its representative or information on Notice, by
giving Notice of the change in accordance with this section at least ten days prior to the
change.
Financing Assignment. City may assign this Agreement to any City-affiliated entity, including a non-
profit corporation or other entity whose primary purpose is to own or manage the Project.
Entire Agreement; Survival; Counterparts; Signatures.
14.1. Integration. This Agreement contains, except as stated below, the entire agreement between City
and Consultant and supersedes all prior conversations and negotiations between the parties
regarding the Project or this Agreement.
a. Neither Party has made any representations, warranties or agreements as to any matters
concerning the Agreement's subject matter.
b. Representations, statements, conditions, or warranties not contained in this Agreement will
not be binding on the parties.
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15.
16.
17.
c Inconsistencies between the solicitation, any addenda attached to the solicitation, the
response or any excerpts attached as Exhibit A, and this Agreement, will be resolved by
the terms and conditions stated in this Agreement.
14.2 Interpretation.
a. The parties fairly negotiated the Agteement's provisions to the extent they believed
necessary and with the legal representation they deemed appropriate.
b. The parties are of equal bargaining position and this Agreement must be construed equally
between the patties without consideration of which of the parties may have drafted this
Agreement.
ron The Agreement will be interpreted in accordance with the laws of the State of Arizona.
14.3. Survival. Except as specifically provided otherwise in this Agreement, each warranty,
representation, indemnification and hold harmless provision, insurance requirement, and every
other right, remedy and responsibility of a Party, will survive completion of the Project, or the
earlier termination of this Agreement.
14.4 Amendment. No amendment to this Agreement will be binding unless in writing and executed by
the parties. Electronic signature blocks do not constitute execution for purposes of this Agreement.
Any amendment may be subject to City Council approval.
14.5 Remedies. All rights and remedies provided in this Agreement are cumulative and the exercise of
any one ot more right or remedy will not affect any other rights or remedies under this Agreement
or applicable law.
14.6 Severability. If any provision of this Agreement is voided or found unenforceable, that
determination will not affect the validity of the other provisions, and the voided or unenforceable
provision will be reformed to conform with applicable law.
14.7. Counterparts. This Agreement may be executed in counterparts, and all counterparts will together
comptise one instrument.
Term.
15.1 Renewals. The term of this Agreement commences upon the effective date and continues for a
one (1) year initial period. The City may, at its option and with the approval of the Consultant,
extend the term of this Agreement an additional one (1) - year, renewable on an annual basis.
Consultant will be notified in writing by the City of its intent to extend the Agreement period at
least thirty (30) calendar days prior to the expiration of the original or any renewal Agreement
period. Price adjustments will only be reviewed during the Agreement renewal period and will be a
determining factor for any renewal. There are no automatic renewals of this Agreement.
15.2 Extension for Procurement Process. Upon the expiration of the Term of this Agreement,
including the initial term and any renewals, at the City’s sole discretion, this Agreement may be
extended on a month-to-month basis for a maximum of six (6) months to allow for the City to
complete its procurement process to select a vendor to provide the services/materials similar to
those provided under this Agreement. The City will notify the Contractor in writing of its intent to
extend the Agreement at least thirty (30) calendar days prior to the expiration of the Term. Any
extension provided under this subsection will continue under the same terms and conditions as in
effect immediately prior to the expiration of the then-current term.
Dispute Resolution. Any controversy or claim arising out of or relating to this contract, ot the breach
thereof, shall be settled by arbitration administered according to the American Arbitration Association’s
Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any
court having jurisdiction thereof.
Exhibits. The following exhibits, with reference to the term in which they are first referenced, are
incorporated by this reference.
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Exhibit A Project
Exhibit B Scope of Work
Exhibit C Schedule
Exhibit D Compensation
‘The parties enter into this Agreement effective as of the date shown above.
City of Glendale,
an Arizona municipal corporation
By: Kevin Phelps
Its: City Manager
ATTEST:
Julie K. Bower (SEAL)
City Clerk
APPROVED AS TO FORM:
Michael D. Bailey
City Attorney
Credit Management Group, LLC dba Christmas
Light Decorators,
a Arizona corporation
By: Douglas Topham
Its: Managing Member
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EXHIBIT A
Professional Services Agreement
PROJECT
Contractor to provide holiday lights throughout specified areas for City of Glendale's downtown Murphy Park per
RFP 21-15.
CITY OF GLENDALE
—* City of Glendale Procurement Division
© Solicitation Number: RFP 21-15/42100059 5850 West Glendale
Glendale eR SPONGE WarKBoo. Glendsie Afjeere a1
Offeror’s to complete this Response Workbook and submit as their response to this RFP.
COVER SHEET
Credit Management Group, LLC, DBA Christmas Light Decorators
OFFEROR NAME:
OFFEROR ADDRESS: PO Box 21141, Mesa, AZ 85277
City of Glendale CITY OF GLENDALE
© Solicitation Number: RFP 21-15/42100059 | “Sesowest Giendale
Glendale FoR e NONE Wonrcsoor LAY Glendale, Arizona 65201
OFFER SHEET (Must be printed, si nd r d
Offeror certifies that they have read, understand, and will fully and faithfully comply with this
solicitation, its attachments and any referenced documents. Offeror also certifies that the prices
offered were independently developed without consultation with any of the other Offerors or
potential O >
eS 03) 34/9034
Authorized Signature —— Date
Adin Farrell Creat Mana jement Cong Lle
Prise Kame (Authorized Signatory) Legal Company Nafne
Offeror Certifies it is a (check only one):
Job Title CJ Proprietorship [] Partnership Kl Corporation
Qaiwn@ Cldaz. com PO ox DliY+
Email Address iling Address c
440-4 w71- | 1-2 5a, AZ 3O39 77
Phone Number City, State & Zip Code
Questions regarding this offer should be directed to (if different from above):
‘Ben Bennett 430-Fe7- ID Ben@ chdaz.. com
Contact Name Phone Number Email Address
FEDERAL TAXPAYER ID NUMBER (Required). _AO-03 92432.
OFFEROR IS A MINORITY OR WOMEN OWNED BUSINESS: [_] Yes = No
DO YOU HAVE AN ARIZONA TRANSACTION PRIVILEGE TAX (TPT) LICENSE? 4 ea CA
ra) Yes, Number Tax Rate: OR [1] No, not required to have an Arizona TPT License
CONFLICT OF INTEREST (SPECIAL NOTICES):
BA No, | do not have a conflict of interest
L] Yes, | have a conflict of interest and response includes the disclosure required (see Exhibit 1,
Item #3)
ACKNOWLEDGEMENTS:
By signing this Offer Sheet and submitting the accompanying solicitation response, Offeror is
certifying that they have read, understand, and agree to comply with all required terms and
conditions provided in the EXHIBITS PACKAGE and checked off below. Failure to provide this
acknowledgement will result in disqualification.
(A Exhibit 1 - Special Notices PA Exhibit 2 - RFP Standard Terms and Conditions
bs Exhibit 3 - Insurance Requirements hy Exhibit 4 - Template Agreement
City of Glendale CITY OF GLENDALE
Tr e! ivisio
©S Solicitation Number: RFP 21-15/42100059 F5e50 West Glemiele,
MURPHY PARK LIGHTS DISPLAY Avenue, Suite 317
Glendale, Arizona 85301
RESPONSE WORKBOOK
REQUIRED RESPONSES:
Offeror’s answers to the following questions will comprise the Offeror’s response to this RFP.
It should be noted that all attachments or exhibits prepared by the City and referenced herein
are incorporated by reference into the Offeror’s response and shall be included in a final
contract with the successful Offeror. Information prepared by the Offeror and submitted with
their proposal may be incorporated into a final contract (for example program offerings,
curriculum, key personnel, or performance metrics).
1. CAPACITY AND BACKGROUND (40%)
1.1 Offerors shall describe the company’s profile and history. Summary should
include, but not limited to, the firm’s resources, the number of years in
business and history of demonstrated competence.
Christmas Light Decorators (CLD) is one of the largest providers of holiday lighting, décor, and
installation throughout the western United States. We currently service the majority of Arizona
cities, including Scottsdale, Glendale, Peoria, Chandler, Prescott, Williams, Anwatukee, Tucson, and
Tempe, along with hundreds of shopping centers, casinos, and resorts throughout Arizona, Southern
California, Texas, Utah, Nevada, and Washington state. In 2020 CLD completed over 300
installations.
Our experience and capability are unparalleled. Spanning over 30 years, CLD has grown froma
small, family-owned local business to a sophisticated multi-state industry leader. We collaborate
directly with manufacturers from all over the world to create custom, cutting-edge displays of any
magnitude and scope. We enjoy the privilege of partnering with our clients to bring to fruition the
experiences they envision.
We have always led the industry, pioneering emerging styles and trends, products, and
technologies. We were the first in Arizona to use cluster lights, LED lights, programmable RGB,
branch instead of panel trees, laser projection lights, motion-activated lights, walk-through displays,
photo pods, and custom-designed decor that celebrates and incorporates local, natural desert
themes. As our client, Glendale Glitters has launched the unveiling of many of these new designs in
a public setting.
CLD’s foremost motivation is a commitment to our Core Values. Our company embodies these
qualities in order to drive our work and relationships toward excellence and success:
e Integrity: We hold each other accountable for doing the right thing.
e Work Ethic: We take pride in getting our hands dirty and getting the job done.
¢ Communication: Effective, open, and honest communication keeps our team on the
same page.
en eraoel aera
Solicitation Number: RFP 21-15/42100059 5850 West Glendale
MURPHY PARK LIGHTS DISPLAY Avenue, Suite 317
RESPONSE WORKBOOK Glendale, Arizona 85301
Clients’ Needs First — Always: Even when it isn’t necessarily our fault, we err on the
side of keeping our clients happy.
Attention to Detail: This is important in every aspect of what we do. Our clients
expect perfection, and we enjoy delivering it.
Resources include the following:
1.2
40,000 square feet of climate-controlled warehouse space
$2 million dollars of company-owned lights and inventory on hand
(12) company-owned bucket trucks with 45-foot booms
(9) company-owned pickup trucks
(3) company-owned trailers
(9) leased 24-foot box trucks with loading gates
(30) leased 35- to 110-foot lifts
(90) peak employees, including graphic design artists, animated lighting specialists,
dedicated account managers, and OSHA-certified crew leaders
International design and manufacturing partners in Italy, the Philippines, and Asia
—- a
Description of previous work within the past three (3) years performed of a
similar size, scope and an outdoor display with a minimum of one million lights.
Offerors should submit photographs or video samples of previous or current
work that demonstrate creativity and uniqueness.
a= Glty.on tendale Procurement Division
© Solicitation Number: RFP 21-15/42100059 5850 West Glendale
Glendale aA ESPONGE WORKEGGK Glendale, Arizona 85301
City of Scottsdale and McCormick-Stillman Train Park
e The city’s holiday display spans several miles of downtown Scottsdale—including Old
Town, the Waterfront, Soleri Bridge, and multiple locations along Scottsdale Road, Main
Street, and Goldwater Boulevard—as well as the city-owned McCormick-Stillman Train
Park.
e The project scope includes lighting over 170 trees, including palms up to 70 feet tall,
various desert trees, and large sissoo trees; installing over 100 wreaths; a 30-foot
traditional tree, 34-foot RGB custom animated tree, and multiple tower trees; over 50
pole decorations and skylines; 1,500 feet of light line; 245 LED-lit
spheres; oversized walk-through ornaments, photo pods, custom décor, fiberglass props,
bistro lights, and elegant LED curtains.
e CLD collaborated with Scottsdazzle to create a uniquely Scottsdale experience. Last
year, this collaboration expanded to include a creative sensory environment that
complied with COVID-19 safety restrictions. This culminated in an
inaugural Scottsdazzle Stroll through an immersive but contactless, socially-distanced 3-
day event to replace the traditional tree lighting ceremony from previous years. This
health-conscious, family-friendly event was highlighted in KTAR
ity-of-scottsdale-unveils-3-night-inaugural-scottsdazzle-
stroll/
e We helped McCormick Train Park create a landscape in which to execute their
traditional holiday event for families in a COVID-19-friendly manner, running from the
end of November into January.
e CLD stores all the inventory for the City of Scottsdale and McCormick-Stillman Train
Park in our climate-controlled warehouse.
Domain Northside in Austin, TX
e This shopping center is the most elite mixed-use and retail space in Austin. CLD
acquired this client as a direct result of our commitment to our Core Values. After
working successfully with Scottsdale Quarter for many years, their Marketing Director
was transferred to Domain Northside. Texas has several local companies that provide
holiday services; however, knowing how complicated and critical the holiday season is for
retail and tourism, this client only felt comfortable using our services because of the
reliability and excellence she had come to expect from CLD.
G
City of Glendale CITY OF GLENDALE
Solicitation Number: RFP 21-15/42100059 FEa50 Wost Glondale
Glendale MURPHY PARK LIGHTS DISPLAY Avenue, Suite 317
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Glendale, Arizona 85301
RESPONSE WORKBOOK
e The development of scope for Domain Northside took several months of working
with both the client and our team of Italian designers to create an innovative package
that blended the comfort of traditional décor with the spirited novelty of contemporary
design.
e Ultimately, the installation included over 120 garland pole wraps; 12 large, live,
feature oak trees lit with a high-density application of an average of 400 light strands
each; 40 additional trees lit throughout the property; overhead light displays, including
icicle lights, custom skyline designs, and oversized LED-lit suspended props; several 3-D
LED-lit gift boxes customized with Domain Northside’s logo; a 24-foot RGB animated tree
synchronized to music, with a custom base backlit with the brand logo of Domain
Northside.
e Alison Goodman, Senior Marketing Director at Domain Northside, said of this
installation, “Never in my life has décor in person looked better than a rendering and you
guys pulled it off’ (quote shared with permission).
Scottsdale Quarter
e Scottsdale Quarter is undoubtedly Arizona’s premiere outdoor mixed-use and retail
space. CLD has been Scottsdale Quarter’s exclusive holiday partner for over a decade.
CLD regularly alters and adds brand new elements every year, according to the client’s
preference, to keep the project fresh and exciting.
¢ Last year’s holiday scope included 3 oversized 30-foot wreaths installed with cranes;
lighting of over 100 palm trees, including 47 fronds; lighting of over 100
additional various desert trees, like palo verdes and ironwoods; a 24-foot RGB animated
tree synchronized to music; 45 garland pole wraps; fiberglass props, such as 7-foot
ornaments, 10-stack ornaments, photo pods, and 13-foot nutcrackers; a contemporary
European LED walk-through tree; custom Germanic Christmas village displays for Santa
visit, designed and assembled by CLD; custom graphic photo stations.
e Because CLD has such a strong partnership with Scottsdale Quarter, we are often
called on for year-round services unrelated to Christmas. The CLD team is so dynamic,
flexible, and client-oriented, that we are able to adapt to any task or situation that arises.
Year-round services have included palm frond maintenance; building and installing sets
for restaurants and common areas; installing shade canopies; procuring, installing, and
storing various seasonal decorations and props throughout the year.
e CLD stores all the inventory for Scottsdale Quarter in our climate-controlled
warehouse.
oa City of Glendale Procurement Division
S&S Solicitation Number: RFP 21-15/42100059 5850 West Glendale
Avenue, Suite 31
Glendale ee PONE WoRKBoow LAY Glendale, Arizona 3640
|
Ahwatukee’s Festival of Lights
e The stretch of Ahwatukee that makes up the popular Festival of Lights includes
several miles of median lighting of a variety of cacti, desert trees, and ocotillos.
e This is a complicated installation that requires city-permitted coordination for a
multi-day barricade plan on the busy Chandler Boulevard to safely complete the job. It
also requires use of 6-8 bucket trucks to complete lighting high into tree canopies. Job
safety is ensured by OSHA-certified crew leaders.
e CLD stores all the inventory for Ahwatukee in our climate-controlled warehouse.
1.3 Identify key personnel and relevant work experience that will be assigned to
this contract. Offeror should describe the key personnel’s knowledge and
experience in undertaking similar projects in the last five years.
Aaron Farrelly — CEO
11 years with CLD
OSHA 30 certified
Aaron started as a field technician and advanced to oversee some of the largest and most
complicated installations in the company. His portfolio includes Desert Diamond Casinos, City of
Tucson, Ritz Carlton, and The Shops at the Bravern.
Luke Del Bianco — Director of Sales
17 years with CLD
OSHA 30 certified
Luke is one of the lead designers in the company with unrivaled experience in helping clients make
an impression. His portfolio includes Scottsdale Quarter, Domain Northside, CityScape, Arizona
Center, and Talking Stick Resort and Casino.
Ben Bennett — Director of Account Management
8 years with CLD
OSHA 30 certified
Ben’s primary focus is client satisfaction through well-executed project management systems that
ensure smooth installations. He is also the animated lighting expert at CLD. Ben is the primary
manager who has helped transform Glendale Glitters into the masterpiece it is today. Other
noteworthy clients in his portfolio include the cities of Peoria, Chandler, Scottsdale, and Tempe.
Richard Plascencia — Operations Manager
5 years with CLD
_ City of Glendale Procurement Division
ws Solicitation Number: RFP 21-15/42100059 5850 West Glendale
Al e, Suite 317
Glendale EE OPONGE Wankuoor Glendale, Arizona 85301
OSHA 30 certified
Richard oversees scheduling, manages crew leaders, maintains the fleet, chairs CLD’s Safety
Committee, and trains all new hires on CLD’s safety protocols. His vast experience in the large-scale
operations industry prior to joining CLD has helped CLD become more efficient and proficient.
Abel Rodriguez - Crew Leader
4 years with CLD
OSHA 10 certified
Abel has been the onsite Crew Leader at our biggest installations for many years, including Glendale
Glitters for the last 2 years. He has supervised the City of Tucson, City of Scottsdale, McCormick-
Stillman Train Park, Town of Williams, and others. He has also supervised out-of-state jobs, including
Domain Northside in Austin, TX, and the City of Huntington Park, CA. In addition to being OSHA
certified, he is experienced and certified in operating machinery and lifts up to 120 feet.
Several additional key members of CLD’s team will help ensure Glendale Glitters is a success: Darin
Osborn (Account Manager), Joseph Topham (Account Manager), Linda Bernal (HR and accounting),
Natascha Jewel (Production Manager), Cannon Klein (Supply Chain Manager), Michael Keyton (Crew
Leader), and Carlos Barbosa (Crew Leader). This team has a collective experience exceeding 25
years. All Crew Leaders are OSHA 10 certified.
1.4 If subcontractor(s) are used, Offeror shall identify the subcontractors’ roles,
responsibilities and relevant work experience.
No subcontractors will be used for the duration of the proposed contract. We feel a job of
this magnitude and importance would be compromised by utilizing subcontracted labor as
opposed to employees directly under our supervision who share our core values and vision.
1.5 Offeror shall provide an inventory list of all equipment that will be used for this
contract.
CLD will use the following equipment for completion of this contract:
e 20-foot container
e 32-foot scissor lift
e 85-foot lift
« 125-foot lift
e¢ 6 bucket trucks
e 4pickup trucks
¢ 3 box trucks
e Extension and A-frame ladders from 8 to 40 foot in size
e 20-foot portable storage unit
e Traffic safety signs
e Straps, blankets, and racks for transportation and storage of inventory
a City of Glendale Procurement Division
Ss Solicitation Number: RFP 21-15/42100059 5850 West Glendale
Glendale MeO ePONGE Wonks oon Glendale, Arizona $2301
il
1.6 Offeror shall describe a safety plan for all employees and equipment during
holiday light installation and removal.
Over the last several years, safety has become a critical focus of CLD’s operation. Rigorous training
has been incorporated into our orientation for new employees and then as an ongoing requirement
for all employees. We have implemented new methods of installation in order to protect the
wellbeing of our team. We provide our workers with lift training, OSHA certifications, ladder
training, fall protection training, hydration best practices, etc. We also have a strict no-climbing
policy. CLD is proud to report zero workers compensation claims in all of 2020. We have a culture
where close calls are reported constantly so we can learn together and improve our practices
accordingly.
In addition, as a result of current COVID-19 concerns, we have reiterated and enhanced our
company hygiene protocols to ensure compliance with health measures recommended by the CDC
and local government mandates.
In addition to the above, please refer to CLD’s Site Specific Safety Plan for Glendale’s scope of work.
1.7. Offeror shall indicate whether or not the company has the services of a licensed
electrician who can service the Glendale area and available at short notice for
repairs or troubleshooting.
We have several reliable electrical contractors we partner with. In fact, this year we
are working with Ahwatukee on upgrading all their electrical infrastructure to allow
for more lighting and less outages due to electrical deficiencies. We coordinated all
electrical work between Ahwatukee and the contractor.
1.8 Offeror shall provide DETAILED description (no more than 5 pages for each
customer) of a minimum of three (3) customers, excluding the City of Glendale
(if applicable), for whom your company has provided services of a similar scope
and outdoor as specified in this Request for Proposal, during the past three (3)
years. Include the length of any contracts listed.
See Attachment “1.11 — Existing Customer Profiles”
2. DESIGN CREATIVITY AND METHOD OF APPROACH (35%)
2.1 Conceptual drawings and designs of lighting and decorations plan for the City’s
holiday lights display shall be submitted showing proposed new, creative and
press worthy light designs and technology, color scheme to highlight the
creative use of color in lighting trees to produce the most dramatic effect. This