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C
PROFESSIONAL SERVICES AGREEMENT
STATE LOBBYING SERVICES
This Professional Services Agreement ("Agreement") is entered into and effective between CITY OF GLENDALE,
an Arizona municipal corporation ("City") and FirstStrategic, LLC, an Arizona limited liability company, authorized
to do business in the State of Arizona, ("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, Scope of Work (the "SOW");
B.
City desires to retain the professional services of Consultant to develop, create, make, generate, supply, deliver,
provide and/or perform the specific benefits, services, tasks, activities, expertise, etc. as set forth in the Scope
of Work; and
C.
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 all portions, tasks,
activities and specifications of the SOW (the “Services”) are completed timely and efficiently
consistent with the SOW’s 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 SOW 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 perform the SOW by
Consultant will comprise the "Project Team."
(2)
Project Manager will have responsibility for and will supervise all other employees
assigned to the perform the SOW by Consultant.
c.
Discharge, Reassign, Replacement.
(1)
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 perform the SOW 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 completion of the SOW.
d.
Subcontractors.
(1)
Consultant may engage specific technical contractors (each a "Subcontractor") to
furnish certain Service.
(2)
Consultant will remain fully responsible for Subcontractor's Services.
(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.
2.
Schedule. The Services will be undertaken in a manner that ensures the SOW is completed on time and in
a cost- efficient manner. The Services, including any interim milestones, shall be completed in accordance
with the schedule contained in Exhibit A.
3.
Consultant’s Work.
3.1
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 SOW
and identified in this Agreement.
3.2
Licensing. Consultant warrants that:
a.
Consultant and its Subconsultants or Subcontractors will hold all appropriate and required
licenses, registrations and other approvals necessary for the lawful furnishing of Services
("Approvals"); and
b.
Neither Consultant nor any Subconsultant or Subcontractor has been debarred 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.
3.3
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.
b.
Consultant must not discriminate 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.
3.4
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 ("Coordinating Professionals").
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b.
Consultant will meet to review the Services to be provided in the SOW, Schedule and in-
progress work with Coordinating Professionals and City as often and for durations as City
reasonably considers necessary in order to ensure the timely work delivery and SOW
completion.
c.
For projects not involving Coordinating 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 SOW.
3.5
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 seq., and other intellectual work product as may be
applicable ("Work Product").
(1)
This grant is effective whether the Work Product is on paper (e.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.
b.
Delivery. Consultant will deliver to City copies of the preliminary and completed Work
Product promptly as they are prepared.
c.
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.
4.
Compensation.
4.1
Compensation. Consultant's compensation for the Services, including those furnished by its
Subconsultants or Subcontractors will not exceed $400,000 as specifically detailed in Exhibit B
("Compensation").
4.2
Change in Scope of Work. The Compensation may be equitably adjusted if the original SOW is
significantly modified, but only as provided below.
a.
Adjustments to the SOW, including adding any additional Services or any change in the
amount of Compensation available hereunder, require a written amendment to this
Agreement and may require City Council approval.
b.
Additional services which are outside the scope of the original SOW contained in this
Agreement may not be performed by the Consultant without prior written authorization
from the City.
c.
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.
4.3
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,
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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;
b.
The Reimbursable 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 in Section 4.1 above.
5.
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:
(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 City 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.
6.
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.
b.
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.
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
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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.
b.
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.
7.
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.
8.
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 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 or the general
aggregate 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 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 SOW
and/or Services.
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.
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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.
8.3
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 volunteers 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 Services 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 the SOW and/or Services, 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.
8.4
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.
8.5
Waiver of Subrogation. Consultant hereby agrees to waive its rights of subrogation which any
insurer may acquire from Consultant by virtue of the payment of any loss. Consultant agrees to
obtain any endorsement that may be necessary to effect 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).
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 nature of the risk, prior experience, insurer, coverage
or other circumstances unique to the Consultant, the Project or the insurer.
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9.
E-verify, Records and Audits. To the extent applicable under A.R.S. § 41-4401, the Consultant warrants
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.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 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 rights to keep such
papers and records confidential.
10.
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.
11.
Uyghur Forced Labor Prevention Act (UFLPA). Consultant certifies that it does not currently, and during
the term of this Agreement, will not use:
a.
the forced labor of ethnic Uyghurs in the People’s Republic of China;
b.
any goods or services produced by the forced labor of ethnic Uyghurs in the People’s
Republic of China; and
c.
any contractors, subcontractors or suppliers that use the forced labor or any goods or
services produced by the forced labor of ethnic Uyghurs in the People’s Republic of China.
12.
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.
13.
Notices.
13.1
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.
13.2
Representatives.
a.
Consultant. Consultant's representative (the "Consultant's Representative") authorized to
act on Consultant's behalf with respect to the SOW and/or Services, and his or her address
for Notice delivery is:
FirstStrategic, LLC
c/o Marcus Dell'Artino
300 W Clarendon, Suite 460
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Phoenix, AZ 85013
Marcus@firstrategic.com
480-663-3911
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 Shoalynn Gilliland
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 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.
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.
14.
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 SOW or Services.
15.
Entire Agreement; Survival; Counterparts; Signatures.
15.1
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 SOW 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.
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.
15.2
Interpretation.
a.
The parties fairly negotiated the Agreement'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 parties without consideration of which of the parties may have drafted this
Agreement.
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c.
The Agreement will be interpreted in accordance with the laws of the State of Arizona.
15.3
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 SOW, or the earlier termination of this
Agreement.
15.4
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.
15.5
Remedies. All rights and remedies provided in this Agreement are cumulative and the exercise of
any one or more right or remedy will not affect any other rights or remedies under this Agreement
or applicable law.
15.6
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.
15.7
Counterparts. This Agreement may be executed in counterparts, and all counterparts will together
comprise one instrument.
16.
Term.
16.1
Extensions. 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 four (4) years, 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 extension period. Price adjustments will only be reviewed
during the Agreement extension period and will be a determining factor for any extension. There
are no automatic extensions or renewals of this Agreement.
16.2
Extension for Procurement Process. Upon the expiration of the Term of this Agreement, including
the initial term and any extensions, 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.
17.
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.
18.
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:
http://www.mesaaz.gov/business/purchasing/save
19.
Exhibits. The following exhibits, with reference to the term in which they are first referenced, are
incorporated by this reference.
Exhibit A
Scope of Work
Exhibit B
Compensation
The parties enter into this Agreement effective as of the date shown above.
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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
FirstStrategic, LLC, ,
an Arizona Limited Liability Company
_____________________________________
By: Marcus Dell'Artino
Its:
Partner
EXHIBIT A
Professional Services Agreement
SCOPE OF WORK
Scope of Work as stated in RFP 24-22
3.
SCOPE OF SERVICES
3.1
REQUIREMENTS – Consultant shall:
3.1.1
Have experience in providing services to other local, regional, or state governments comparable in capacity
and complexity to the described scope of service.
3.1.2
Have knowledge of and experience with state legislative process and state agency operations.
3.1.3
Be familiar with state issues with a primary focus on local control and municipal operational matters.
3.1.4
Have successful experience in developing and maintaining positive relationships with the Arizona
Legislature and Glendale Legislative delegation resulting in legislative action.
3.1.5
Have successful experience in developing and maintaining positive relationships with members of the
Legislative/Executive Branch resulting in specific action.
3.1.6
Have an absence of actual or perceived conflicts of interest with other Arizona public or private entities, the
Governor, or the Arizona Legislature.
3.1.7
Provide comprehensive state legislative representation, consulting, and public relations services.
3.1.8
Represent the City on policy issues at the State Legislature and assist the elected officials and staff with
implementing the City Council’s annually adopted state legislative agenda.
3.1.9
Render advisory services and will provide the city with the benefit of its special knowledge, skills, contacts,
business political and public relations experience. Specifically, the Consultant agrees to assist the city with its
government affairs, public relations and legislative advocacy. The work will be for the 2023 legislative session plus
additional years as outlined in the contract.
3.1.10 Proactively pursue legislation on several major topics that will take several sessions/years to achieve.
Legislative and public relation efforts of this magnitude, which may require the appropriation of new funding and
changes to state statue in controversial areas, is very difficult and consultant shall have the knowledge of these issues
as well as recognition by state legislators in to advance legislation.
3.1.11 Assist Intergovernmental Programs staff maneuver through the process and use their relationships with key
individuals, stakeholders, and leadership to make the effort a success.
3.1.12 Build positive relationships, assembling coalitions, coordinating City activities, and directly advocating and
participating in state-wide organizations of shared interests.
3.1.13 Provide the defensive efforts as cities are under constant attack of diminished local control, unfunded
mandates, and elimination of state shared revenues.
3.1.14 Foster relationships with the Governor’s Office, Legislature and Legislative staff by:
•
Conferring with the Intergovernmental Programs Director to develop a state program that sets forth
Glendale’s annual legislative priorities and identifies major issues that will be considered by the Legislature or the
Governor that are of interest to Glendale.
•
Maintaining close contact with the Glendale legislative delegation and their staff and providing continued
access and visibility with the Governor’s Office, House and Senate Leadership, and key leadership staff.
•
Drafting letters and testimony, as well as testifying on behalf of the City to clearly articulate the position of
Glendale to assist the City Council, Manager and Intergovernmental Programs staff with interacting with the
Legislature.
•
Representing the City before the legislature and legislative committees at the Arizona Capitol as directed by
the Intergovernmental Programs Director and advise the City on legislative strategy, particularly including those that
protect state shared revenue and local control. Representation includes engaging in advocacy with the Glendale
legislative delegation, other members of the legislature, the Governor’s office, and key interest groups.
3.1.15 Maintain regular communication, reporting, advice, and advocacy to the City by:
•
Providing the Intergovernmental Programs Director with timely communication on updates relative to the
Consultant’s efforts on behalf of the City; attend meetings with City staff as requested; and provide written reports
12
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summarizing Consultant activities on behalf of the City (no less than monthly during the legislative session) in a
format suitable for reproduction and City distribution.
•
Providing a legislative wrap-up report/annual performance report summarizing accomplishments and
activities relating to the City’s state program.
•
Identifying and providing analyses of state-wide issues that impact Glendale, including review of proposed
legislation, administrative rules and regulations, and other state policies that directly impact the City.
•
Keeping the City informed about state funding opportunities proposed in appropriations bills.
•
Reviewing and commenting on City proposals that are being prepared for submission to the legislature
when requested by the Intergovernmental Programs Director and perform appropriate liaison and follow-up work
to obtain favorable consideration of such proposals.
•
Reviewing executive proposals and legislation that directly impacts the interests of Glendale and providing
advice on issues that would impact the annual Legislative Agenda as adopted by the Glendale City Council.
3.1.16 Advocate to advance the legislative priorities of the city of Glendale by:
•
Brokering partnerships with other cities that might improve legislative advocacy for programs that benefit
Glendale.
•
Lobbying the Legislators, the Governor and key staff to ensure no actions taken by the Legislature adversely
affect the interests of the City.
•
Lobbying the Legislature to obtain legislative authorization and funding in municipal areas of interest
including, but not limited to, the preservation of state shared revenue, economic development, land use planning,
military preservation, neighborhoods, public safety, transportation, and water/environmental resources.
•
Lobbying the Legislature in an effort to maintain revenue streams and direct funding sources including the
Heritage Fund, the Highway User Revenue Fund (HURF), the Vehicle License Tax (VLT), the Maricopa County
half-cent sales tax for transportation, and fees set by the city that offset municipal services and ensure public safety.
•
Lobbying the Legislature in an effort to preserve local taxing authority and the City’s ability to maintain
fiscally balanced revenue sources.
•
Lobbying the Legislature in opposition of unfunded state mandates placed on local jurisdictions and
encourage the legislature to evaluate the fiscal impact such mandates will have on communities prior to considering
the issue.
3.1.17 Public and Media Relations Services
•
Provide public relations, media relations, issues management and communications services on behalf of the
city.
•
Provide media training as well as the development and implementation of media strategies.
•
Provide positive and effective relationships with all of the media outlets in the State of Arizona.
•
Demonstrate an ability to develop and maintain positive relationships with other governmental agencies on
behalf of the city. This may include water districts, school boards, fire districts, city governments, county
governments and tribal entities.
•
Provide intra-governmental and inter-governmental communications and crisis communications on a
multitude of issues.
3.1.18 In addition to attending to all of the above-mentioned tasks, Consultants shall:
•
Assist with briefing materials and preparations for City officials who are preparing to meet with members of
the legislature, testify before legislative committees and administrative agencies or conduct other City business at the
capitol.
See additional Exhibit A (Vendors Response)
.
EXHIBIT B
Professional Services Agreement
COMPENSATION
METHOD AND AMOUNT OF COMPENSATION
Contractor shall provide monthly statements of itemized services. Payment will be reviewed and approved by the
Contract Administrator or designee. The itemized statement shall not exceed the proposal fee in this Section.
NOT-TO-EXCEED AMOUNT
The total amount of compensation paid to Consultant for Services as defined herein during the entire term of the
Project must not exceed $400,000 (5-year Term).
DETAILED PROJECT COMPENSATION
Monthly compensation for Lobbying Services (Legislation in session)
$ 6,666.66
Monthly compensation for Lobbying Services (Legislation Out of session) $ 6,666.66
Annual Not to Exceed Amount
$ 79,999.92