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PROFESSIONAL SERVICES AGREEMENT
(Not Construction Related) |
Consulting Services for Arts & Culture Master Plan
(REP 23-27)
with The Cultural Planning Group, LLC
This Professional Services Agreement ("Agreement") is entered into and effective between CITY OF GLENDALE,
an Arizona municipal corporation (''City") and The Cultural Planning Group, LLC, a California Limited Liability
Corporation, authorized to do business in the State of Arizona, ("Consultant") as of the day of
_ _, 2023 (“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 and Scope of Work (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, Compensation (“Compensation”),
Cc. 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 others, 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.
(1) 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.
(1) Consultant acknowledges the Project Team is comprised of the same persons and
toles for each as may have been identified in Exhibit A.
(2) Consultant will not discharge, reassign, replace ot diminish the responsibilities of
any of the employees assigned to the Project who have been approved by City
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3.1
3.2
3.3
3.4
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.
(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 ate detrimental to the
development of the Project.
d. Subcontractors, Consultant shall not engage any subcontractor for the work or setvices to
be performed under this Agreement.
2. Schedule. The Services will be undertaken in a manner that ensures the Project is completed timely and
efficiently in accordance with the Project.
3. Consultant’s Work.
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 are equivalent in size, scope, quality, and other criteria under
the Project and identified in this Agreement.
Licensing. Consultant warrants that:
a. Consultant currently holds all appropriate and required licenses, registrations and other
approvals necessary for the lawful furnishing of Services ("Approvals"); and
b. Neither Consultant nor any Subconsultant has been debarred or otherwise legally excluded
from contracting with any federal, state, or local governmental entity ("Debarment").
(¢3) City is under no obligation to ascertain or confirm the existence or issuance of any
Approvals or Debatments, 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 undet the Agreement.
Compliance. 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, watrants 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
any other professionals retained by City on the Project ("Coordinating Project
Professionals").
b. Subject to any limitations expressly stated in the Project Budget, Consultant will meet to
review the Project, Schedule, Project Budget, and in-progress 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.
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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.
3.5 Work Product.
a.
Ownership, Upon receipt of payment for Services furnished, Consultant grants to City
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 Copytight Act, 17 U.S.C § 101, ef sq. 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 "hard 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.
(4) 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.
41 Compensation. Consultant's compensation for the Project, including those furnished by its
Subconsultants or Subcontractors will not exceed $100,000 as specifically detailed in Exhibit B
("Compensation").
4.2 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 tequire 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 patties.
43 Allowances. An “Allowance” may be identified in Exhibit B only for work that is required by the
Scope and the value of which cannot reasonably be quantified at the time of this Agreement.
a.
As stated in Sec. 4.1 above, the Compensation must incorporate all Allowance amounts
identified in Exhibit B 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.
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5.
44
d. 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 teview prior to the Agreement’s execution, and which policies and procedures will be
furnished to Consultant;
b. The Reimbutsable Expenses in this section are approved in advance by City in writing; and
c. 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 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.
5.2 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:
(4) Completed work generated by Consultant and its Subconsultants; and
(2) Unconditional waivers and releases on final payment from all Subconsultants as
City may reasonably request to assure the Project will be free of claims arising
from required performances under this Agreement.
5.3 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.
b, City may withhold an amount sufficient to pay expenses that City reasonably expects to
incur in correcting the deficiency or deficiencies rejected for payment.
Termination,
6.1 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.
a. Consultant will be equitably compensated for Services furnished prior to receipt of the
termination notice and for reasonable costs incurred.
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b. Consultant will also be similarly compensated for any approved effort expended, and
approved costs incurred, that are directly associated with Project closeout and delivety of
the required items to the City.
6.2 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 provisions of Sec. 5,
b. If City's direct damages exceed amounts otherwise duc 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 person who is significantly involved in initiating,
negotiating, securing, 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 atise from or in
connection with the performance of all tasks or 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
ot the general agprepate limit shall be twice the required occurrence limit.
b. 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.
c. 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.
d. 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.
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
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8.3
8.4
8.5
8.6
the Consultant’s negligent actions, errors or omissions (including any Subconsultant or
Subcontractor ot 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 ot other fault
solely attributable to the Indemnified Party.
Other Insurance Provisions. The insurance policies required by the Section above must contain,
or be endorsed to contain the following insurance provisions:
a. The City, its officers, officials, employees and volunteets are to be covered as
additional insureds of the CGL and automobile policies for any liability arising 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 ot both CG 20 10 and CG 23 37, if later
revisions ate used.
b. For any claims related to this Project, the Consultant’s insurance coverage shall be
ptimary insurance with respect to the City, its officers, officials, employees, and
volunteers, Any insurance ot 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 insurer may acquite from Consultant by virtue of the payment of any loss. Consultant agrees
to obtain any endorsement that may be necessary to affect this waiver 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).
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 reccived and approved by the City before work commences. Failure to
obtain, subrnit 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 requite complete, certified copies of all required insurance
policies, including any endorsements or amendments, requited by this Agreement at any time
during the Term stated herein.
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10.
11,
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 nature 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
their 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.RS. § 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 hours by the other
party. The parties shall cooperate with the City’s random inspections, including granting the inspecting party
entry rights onto their respective properties to perform the random inspections and waiving their respective
tights to keep such papets 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:
(1) 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; or
(2) As of the next business day after receipt, if received after 5:00 p.m.
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 het address for Notice
delivery is:
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14.
The Cultural Planning Group, LLC
c/o David Plettner-Saunders, Partner
6878 Navajo Rd, Unit 58
San Diego, CA 92119
(213) 500-0092
shyjek@bakerdonelson.com
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 Connie Schneider
5850 W Glendale Avenue
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
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 more 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.
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.
141
14.2
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 Agteement's subject matter.
Representations, statements, conditions, or warranties not contained in this Agreement will
not be binding on the parties.
The solicitation, any addendums and the response submitted by the Contractor are
incorporated into this Agreement as if attached hereto. Any Conttactor response modifies
the original solicitation as stated. Inconsistencies between the solicitation, any addendums
and the response or any excerpts attached as Exhibit A and this Agreement will be
resolved by the terms and conditions stated in this Agreement.
Interpretation.
a.
The parties fairly negotiated the Agreement's provisions to the extent they believed
necessary and with the legal representation they deemed appropriate,
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15.
16.
17,
18.
14.3
14.4
14.5
14.6
14.7
Term.
15.1
15.2
b, The parties are of equal bargaining position and this Agreement must be construed equally
between the parties without consideration of which of the parties may have drafted this
Agreement.
c The Agreement will be interpreted in accordance with the laws of the State of Arizona.
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.
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.
Remedies. All rights and remedies provided in this Agreement are cumulative and the exercise of
any one ot more right or rernedy will not affect any other rights or remedies under this Agreement
or applicable law.
Severabiliry. 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.
Counterparts. This Agreement may be executed in counterpatts, and all counterparts will together
comprise one instrument.
Renewals. The term of this Agreement commences upon the effective date and continues for a
one yeat initial period. The City may, at its option and with the approval of the Consultant, extend
the term of this Agreement an additional four years, 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.
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, or 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.
Cooperative Use of Contract. This agreement may be extended for use by other governmental agencies
And political subdivisions of the State. Any such usage by other entities must be in accord with the
ordinances, charter, rules and regulations of the respective entity and the approval of the Contractor and
City. For a list of SAVE members, click on the following link:
hup:/ /Awww.mesaaz.cov/business/ purchasiny /save
Exhibits. The following exhibits, with reference to the term in which they are first referenced, are
incorporated by this reference.
Exhibit A Project and Scope of Work
Exhibit B Compensation
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(Signatures appear on the following page.)
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The parties enter into this A, ,eement effective a of the date shown above.
City of Glendale,
an Arizona municipal corporation
By: Kevin R. Phelps
Its: City Manager
ATTEST;
Julie K Bower (SEAL)
City Clerk
APPROVED AS TO FORM:
Michael D. Bailey
City Attorney
The Cultural Planning Group, LLC
a Limited Liability Corporation
By. David Plettner-Saunders
Its: Partner
10/6/2020
EXHIBIT A
Professional Services Agreement
PROJECT
The City of Glendale seeks an experienced and qualified individual, group, or organization to lead and facilitate the
update of our community’s Arts & Culture Master Plan. The City seeks a comprehensive plan that includes data
collection from the community and recommendations for future growth and expansion.
See the attached Exhibit A for further information.
EXHIBIT A
P City of Glendale a OF GLENDALE
G Solicitation Number: RFP 23-27 / 42300031 | saso went Gini ee,
Glendate | CONSULTING SERVICES FOR ARTS & CULTURE | ,,,.,, ute 317
lendal MASTER PLAN
1. INTRODUCTION
1.1 The City of Glendale, Arizona (“City”) Economic Development Department,
seeks a Consultant to lead and facilitate an update of the Glendale Arts &
Culture Master Plan. The last plan was approved by Glendale City Council in
2005.
1.2 The current state of the arts in Glendale includes a 1% for Art Ordinance, an
Arts Commission, community engagement programs, a collection of portable
art, and a permanent commissioned public art collection (see Attachment 1).
2. OBJECTIVE
The City of Glendale seeks an experienced and qualified individual, group, or
organization to lead and facilitate the update of our community’s Arts & Culture
Master Plan. The City seeks a comprehensive plan that includes data collection
from the community and recommendations for future growth and expansion.
3. SCOPE OF WORK
Upon completion of the project, the selected Consultant will prepare and
present a written plan supported by new data to provide guidance and direction
to the City regarding its arts programs and policies, including but not limited
to public art, arts funding, and key arts partnerships. In addition to conducting
a comprehensive arts & culture study for the City, the selected Consultant will
address the following key areas in the study:
A. OVERVIEW
Evaluate and recommend the following areas including but not limited to:
1. Priorities and ordinances relating to the arts, placemaking, and
integration of public art into new development;
2. Identification of opportunities in Glendale to use public art and
placemaking funding to improve the aesthetics and experience of parks,
city-owned property and other public spaces;
3. Identification of sites for future temporary and permanent public art
projects;
4. Equitable geographic distribution and access to the arts;
3 rev.
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EXHIBIT A
City of Glendale
CITY OF GLENDALE
GS Solicitation Number: RFP 23-27 / 42300031 | seso'wacrmempWision
CONSULTING SERVICES FOR ARTS & CULTURE Suite 317
Glendale Glendale, Arizona 85301
ARIZO
MASTER PLAN
NA
5. Review Glendale’s arts grant program, its effectiveness, and
recommended funding levels;
6. Description of current use and project needs of Glendale residents
regarding arts facilities and performing arts;
7. Analysis of the existing collection and recommendations for the
evaluation of the existing collection and a collection strategy, as well as
recommendations for a collection maintenance and conservation plan;
8. Development of guidelines for inclusion of public art in capital
improvement projects;
9. Strategies for development of a sustainable Arts District;
B. ARTS FUNDING
Opportunities for additional funding models for future growth, and
analysis of existing funding sources.
C. OUTREACH CAMPAIGN AND DATA COLLECTION
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The public art master plan study should involve public participation, data
collection, and interpretation. A successful data collection mode! should
include surveys, primary and secondary research, and community cultural
assessment. The final report should include data and interpretation, and a
summary of the research and findings. Include strategies for ongoing
community engagement and outreach throughout the course of
implementing the plan.
The Consultant should consider conducting public meetings, interviews,
focus groups, and/or other ways to engage people in the process.
Stakeholders in the process include residents and artists; Glendale’s
elected officials, arts commission, senior management, staff; and
representatives from local businesses, arts organizations, the school
district, and other city collaborators that represent the diverse perspectives
within Glendale.
Note that the Consultant must be willing to work in conjunction with staff
and the Arts Commission to help reach the goals outlined, which may be
subject to change.
EXHIBIT A
City of Glendale _ CITY OF GLENDALE
GS Solicitation Number: RFP 23-27 / 42300031 | sesn'gritement Division
Glendale | CONSULTING SERVICES FOR ARTS & CULTURE | sip! 2” goon
lendal MASTER PLAN
D. DELIVERABLES AND TIMELINE
The Consultant will be expected to present the results of the master plan
study in a written report which shall include findings and recommendations
relating to the scope of work. The final Master Plan Report must be
submitted to the City no later than December 2023 — final submission date
to be determined with the Consultant and will be included in the project
scope and contract. The Consultant also will be expected to present the
report to the City Council and Arts Commission and must be available to
answer questions.
3.1 General Requirements
A.
B.
Term. The term of the resultant contract shall be for a one (1) year period.
Option to Extend. Based on satisfactory Consultant performance, the City
may, at its option and upon mutual agreement with the Consultant, extend
the term of this agreement for an additional one (1) year renewable on an
annual basis. Consultant shall be notified in writing by the City Materials
Manager of the City’s intention to extend the contract period at least ninety
(90) calendar days prior to the expiration of the original contract period.
Quantities. Quantities listed in this solicitation are the City’s best estimate
only. The City’s actual requirements during the period of the agreement
shall be determined by the actual needs and availability of appropriated
funds.
. Brand Name or Equivalent. There are a number of products that have been
determined, through evaluation or testing, to be equivalent to the
requirements of the specifications. The list of these brands is not intended
to limit or restrict competition. Rather, it is to set the standard of quality,
design, performance and characteristics of the products specified herein.
Any bid which proposes products that are of equivalent quality, type of
material, design and performance will be considered if sufficient evidence
and information is given to establish it as equivalent and the City determines
the product to be equivalent to the brand name and specifications.
Performance of Service. Performance of the required services shall be
completed in accordance with the Scope of Work.
12.11.2020
: EXHIBIT A
City of Glendale Procurement Division
Solicitation Number: RFP 23-27 / 42300031 5850 West Glendale Avenue,
CONSULTING SERVICES FOR ARTS & CULTURE Suite 317
MASTER PLAN Glendale, Arizona 85301
Changes to Products or Services. Throughout the term of this contract, the
City reserves the right to add, revise or make changes to services within the
scope of work as may be deemed necessary to best serve the needs of the
1.
City.
In the event of such a substitution or deletion of service areas, the City
will give the Consultant 10-days’ notice prior to date of discontinuance
of services and responsibilities.
The Consultant shall not be compensated for the loss of work due to
deletions or substitutions.
In the event the City and the Consultant cannot agree on additional
service or equipment charges, the City reserves the right to perform the
additional services with City personnel, or other outside contract
services.
G. Safety Standards. Services, equipment and supplies supplied by the
Consultant under this contract shall comply with the current applicable
federal, state and local laws and standards.
. Defective Products and Services. All defective products/services delivered
to the City shall be replaced and exchanged by the Consultant. The cost of
replacing the product/service and other similar expenses shall! be paid by
the Consultant.
1, Subcontractors. When subcontractors are used in the performance of
certain functions under the contract, subcontractors shall be subject to the
same terms and conditions as the Consultant.
Post-Award Conference. After award of the contract, the Consultant may be
required to attend a post-award conference when requested by the City.
Permits and Licenses The Consultant shall be responsible for determining
and securing, at his/her expense, any and all licenses and permits that are
required by any statute, ordinance, rule or regulation of any regulatory body
having jurisdiction in any manner connected with providing operations and
maintenance of the facility. Such fees shall be included in and are part of
the total proposal cost. During the term of the contract, the Consultant shall
12.11.2020
6 rev.
EXHIBIT A
G
Glendale | MASTER PLAN
City of Glendale CITY OF GLENDALE
Procurement Division
Solicitation Number: RFP 23-27 / 42300031 | 5850 west Glendale Avenue,
CONSULTING SERVICES FOR ARTS & CULTURE Suite 317
Glendale, Arizona 85301
notify the City in writing, within two (2) working days, of any suspension,
revocation or renewal.
L. Order Acceptance. Services performed for the City will be subject to a
complete review by the Department. Inspection criteria includes conformity
to the specifications, quality and performance standards.
. Loss or Damage to City Equipment or Property. When damages to City
equipment or property occurs as a result of Consultant’s negligence, the
City will arrange for repairs or replacement to be made and the costs for
making repairs/replacement to the property will be deducted from final
payments to the Consultant.
Billing or Invoicing. The Consultant shall not bill the City for unnecessary
repairs; services that were not completed satisfactorily; or for services that
were made by staff unqualified to perform the services.
Consultant shall ensure that pricing for services performed is consistent
with contract prices. Consultant’s invoices shall not include unauthorized
charges. Consultants shall provide a detailed monthly invoice which
includes the following:
*City Purchase Order reference number
«Itemized products or services purchased
«Separate line item for any product discount (if applicable)
*Separate line item for sales tax
3.2 CONTRACT PERFORMANCE MEASURES
A.
To ensure the successful performance of the contract, the City may
conduct regularly scheduled meetings and discussions with the Consultant
(if applicable).
The Contract Administrator will serve as monitor to oversee compliance
with the contract requirements and to assist in resolving problems as they
occur.
The City reserves the right to make the final determination whether or not
Consultant’s services have been completed in a satisfactory manner.
In the event the Consultant fails to perform satisfactorily in accordance
with the contract requirements, the Contract Administrator shall note the
7 Tev.
12.11.2020
EXHIBIT A
Pm.
Cc
Glendale MASTER PLAN
| ARIZOWA
City of Glendale CITY OF GLENDALE
Procurement Division
Solicitation Number: RFP 23-27 / 42300031 5850 West Glendale Avenue,
CONSULTING SERVICES FOR ARTS & CULTURE Glen ya 85301
discrepancies and work deficiencies in writing and, unless it is an
emergency (in which case a phone call will suffice), shall bring them to the
attention of the Consultant’s representative.
The Consultant will be given a written notice setting forth the deficiencies
to be corrected.
In the event the Consultant has been notified of a deficiency, the
Consultant shall correct the deficiency within three (3) working days.
In the event that the Consultant is issued a second, third and fourth
notices, the City may impose a 10% reduction of the Consultant’s monthly
billing.
If Consultant receives five (5) or more documented notices in one calendar
year, the City may exercise its option to terminate the contract.
In the event the Consultant has been notified of a deficiency and the
deficiency is not corrected, the City may perform the services using City
personnel or by a separate contract, and the cost of such actions will be
deducted from the Consultant’s monthly invoice.
3.3. EMERGENCY BUSINESS SERVICES
A.
During an emergency, natural disaster or homeland security event, there
may be a need for the City to access the Consultant’s services when
needed. All products or services provided to meet an emergency request
shall be supplied as per the contract prices, terms and conditions. In
general, emergency orders may be placed using a City Procurement Card.
3.4 CONTRACT ADMINISTRATION
A.
12.11.2020
The Arts & Culture Program Manager or designee or designee shall
perform all Contract Administrative functions associated with this
document.
, EXHIBIT A
City of Glendale CITY OF GLENDALE
Co Solicitation Number: RFP 23-27 / 42300031 | Pyocurement Division
CONSULTING SERVICES FOR ARTS & CULTURE Avenue, Suite 317
Glendale MASTER PLAN Glendale, Arizona 85301
seizes RESPONSE WORKBOOK
Offerors to complete this Response Workbook and submit as their response to this RFP.
COVER SHEET
OFFEROR NAME: _ The Cultural Planning Group, LLC
OFFEROR ADDRESS: 6878 Navajo Road, Unit 58, San Diego, CA 92119
EXHIBIT A
City of Glendale a OF Lents ar ]
ré Solicitation Number: RFP 23-27 / 42300031 Baso West Cie
i 4 CONSULTING SERVICES FOR ARTS & CULTURE Geert Schen
Glendale MASTER PLAN Glendale, Arizona 85301
“eteens RESPONSE WORKBOOK
OFFER SHEET (Must be printed, signed and returned upon completion)
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
Offerors.
December 23, 2022 The Cultural Planning Group, LLC
Date Legal Company Name
David Plettner-Saunders Partner
Printed Name (Authorized Signatory) Job Title
Offeror Certifies it is a (check only one): (J Proprietorship XJ Partnership [] Corporation
david@cutturalplanning.com 6878 Navajo Road, Unit 58
Email Address Mailing Street Address
213-500-6692 San Diego, CA 92119
Phone Number City, State & Zip Code
Questions regarding this offer should be directed to (if different from above):
(Enter Contact Name ) (Enter Phone Number) (Enter Email Address)
Contact Name Phone Number Email Address
FEDERAL TAXPAYER ID NUMBER (Required): 56-2552152
OFFEROR IS A MINORITY OR WOMEN OWNED BUSINESS: [1] Yes EX] No
DO YOU HAVE AN ARIZONA TRANSACTION PRIVILEGE TAX (TPT) LICENSE?
1 Yes, Number Tax Rate: OR IX] No, not required to have an Arizona TPT License
CONFLICT OF INTEREST (SPECIAL NOTICES):
No, | do not have a conflict of interest [1] Yes, | have a conflict of interest and response includes
the disclosure required (see Section 8.3)
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 Solicitation and checked off below. Failure to
provide this acknowledgement will result in disqualification.
Exhibit 1 - Special Notices EX) Exhibit 2 —- RFP Standard Terms and Conditions
Exhibit 3 - Insurance Requirements Exhibit 4 - Template Agreement
Dre lille if oclove
Authorized Signature