1-26RFP013 - Old Town Scottsdale Entertainment.final.pdf

Last Update: 02/12/2025 COS RFP Template

ISSUING AGENCY – CITY OF SCOTTSDALE

FORMAL REQUEST FOR PROPOSAL

OLD TOWN SCOTTSDALE ENTERTAINMENT

RFP - 26RFP013

CRITICAL DATES

PROPOSAL SUBMITTAL DUE: 2:00 P.M. LOCAL AZ TIME, TUESDAY, SEPTEMBER 23, 2025

QUESTIONS DUE: 2:00 P.M. LOCAL AZ TIME, MONDAY, SEPTEMBER 15, 2025

SUBMITTAL RECEIPT AND OPENING

The City of Scottsdale is utilizing Bonfire Interactive to provide a procurement portal that allows access to business opportunities and to submit bids and proposals electronically. If you are not registered as a City of Scottsdale Bonfire vendor visit the Bonfire portal at City of Scottsdale, AZ (bonfirehub.com) then follow the link to the Bonfire vendor registration page to register your company. Registration is easy and free. If you have any challenges with the registration process, please contact Bonfire Interactive Support at support@gobonfire.com.

SEALED SOLICITATION SUBMITTALS WILL BE ELECTRONICALLY RECEIVED until the time and date stated in the portal and in the CRITICAL DATES section of the solicitation document. It shall be the responsibility of the proposer to confirm that proposals contain all required documents and are submitted electronically through the City of Scottsdale procurement portal at: City of Scottsdale, AZ (bonfirehub.com).

LATE SUBMITTALS WILL NOT BE ACCEPTED The Purchasing office will conduct a remote/online Microsoft Teams Live Event meeting for the public opening of the solicitation. To virtually attend this meeting, visit us online by clicking the following link RFP OPENING - 26RFP013.

It is strongly recommended you begin your submission upload process at least one (1) day prior to the deadline. Any technical or internet-related issues that may arise during your submission are not grounds to extend the deadline.

INFORMATION REQUESTS

Requests for any information relating to this solicitation should be directed to the purchasing staff listed below:

Michelle Pharrams Bid & Contract Analyst

MPharrams@scottsdaleaz.gov

Bidders shall not contact any City of Scottsdale employee, officer, or director other than purchasing regarding this solicitation until after the award of a contract. Any such unauthorized contact may result in bidder being disqualified from further consideration.

https://scottsdaleaz.bonfirehub.com/portal/?tab=login mailto:support@gobonfire.com https://scottsdaleaz.bonfirehub.com/portal/?tab=login https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZGIwYjA4ZjctMWE2NC00YmMwLTk5M2YtOTA5NmMwMDMyNGI3%40thread.v2/0?context=%7b%22Tid%22%3a%2210aebc46-34e8-45ee-a5e2-5756f4df0996%22%2c%22Oid%22%3a%229ecacca5-2b6f-4361-8081-22d05067ac9d%22%7d

INSTRUCTIONS TO BIDDERS AND

GENERAL TERMS AND CONDITIONS

The Instructions to Bidders and General Terms and Conditions for formal solicitations, are listed as attachments A and B as outlined below and shall be downloaded by prospective Bidders as part of the solicitation.

Attachment A - Formal Solicitation Instructions to Bidders (current version at time of posting).

Applies to all formal Invitation for Bids (IFB) and Request for Proposals (RFP).

Attachment B - Formal Solicitation General Terms and Conditions (current version at time of posting). Applies to all formal Invitation for Bids (IFB) and Request for Proposals (RFP).

TABLE OF CONTENTS

SECTION 1 - INTRODUCTION

A. Intent B. Background

SECTION 2 – STATEMENT OF NEED

A. Specifications B. Contractor’s Responsibilities C. City’s Responsibilities D. Additional Requirements

SECTION 3 – SPECIAL TERMS AND CONDITIONS

SECTION 4 – EVALUATION CRITERIA

A. Evaluation Criteria

SECTION 5 – SUBMITTAL PREPARATION REQUIREMENTS

SECTION 6 – REQUIRED FORMS

A. Proposal Signature Page B. Pricing Proposal Form C. Summary Quotation Sheet/Catalog Discount Form D. Bidder General Disclosure Form E. Bidder Litigation Disclosure Form F. References G. Subcontractor List H. Bidder Questionnaire-Company Information I. Bidder Questionnaire – Similar/Relevant Projects

SECTION 7 – ATTACHMENTS

A. Instructions to Bidders B. General Terms and Conditions

SECTION 8 - EXHIBITS

A. Maps B. Potential Staging Site Locations C. Sample Contract

SECTION 1 - INTRODUCTION

A. INTENT

The City of Scottsdale is soliciting for Contractors, Entertainment Brokers and Producers who can respond to requests for musical entertainment and street performances for various locations within Old Town Scottsdale. The resulting contract(s) is intended to complement Old Town merchant and event activities. (Exhibit A-map overviews of Old Town Scottsdale Area)

B. BACKGROUND

The City of Scottsdale contracts for entertainment throughout the year to enhance the visitor experience in the specialty districts of Old Town, as well as to complement events such as Scottsdale ArtWalk, Western Week and Scottsdazzle. Visitation plays a vital role in the economic health of Old Town. By including entertainment during peak season, the City of Scottsdale continues to reinforce the Old Town area as a highly desirable and vibrant destination.

Several of the City of Scottsdale's strategic plans including the Scottsdale Tourism & Events Strategic Plan, studies and reports point to maintaining and growing an energetic Old Town that serves as a central hub for activities and events. Visitors to Old Town are treated to an atmosphere punctuated by musical performances, street entertainment and western activities as they wander through the nine walkable Districts filled with art galleries, shops, restaurants, museums and public art. By providing unique and authentic experiences for visitors and residents, Old Town continues to outshine neighboring cities as a distinctively, high-class destination.

During the past few years, the City spent an average of seventy-five thousand dollars ($75,000) for Old Town entertainment. The dollar figure provided is for informational purposes only. Actual monies spent will vary based on the needs of the City.

https://www.scottsdaleaz.gov/docs/default-source/scottsdaleaz/tourism/tourism-strategic-plan-2023.pdf?sfvrsn=f6d5424c_1 https://www.scottsdaleaz.gov/docs/default-source/scottsdaleaz/tourism/tourism-strategic-plan-2023.pdf?sfvrsn=f6d5424c_1

SECTION 2 – STATEMENT OF NEED

A. SPECIFICATIONS

1. Requested Entertainment

The categories identified below are intended to be expressive for the importance for creating unique offerings in a unique place. The character and culture of Scottsdale is a kaleidoscope reflecting many points of view and many special interests. It is a place with a deep history and western culture. How an activity fits into the character of Scottsdale will be considered in the review of proposals. This should be taken into consideration when preparing the activity's description design within proposals.

a. LOT A - Event Support Entertainment

Provide entertainment for new events or existing events such as the following:

1) Western Week – late January / early February

2) Summer Programs – June Days and other summer activations

2) Scottsdazzle – Starting the Saturday after Thanksgiving and running through December

b. LOT B - Musical Entertainment

Provide two to three-hour musical entertainment at dates / times agreed upon with the

Contract Administrator as follows:

1) Entertainment shall include a broad variety of music such as jazz, contemporary and classical performances.

2) Entertainment options should include both stationary musicians and / or mobile options (i.e., strolling musicians)

2) Music can be performed by both soloists and by small groups, as agreed upon prior to event, with the Contract Administrator.

3) All equipment setup and tear down shall be provided by the performers.

4) Performers shall at all times, be responsible for all their equipment.

5) Music noise levels shall not be excessive or disturb the retail district (noise levels shall not exceed 68 dB beyond 100' from the source)

The following activities are exempt from the provisions of this section:

1) The non-amplified noises resulting from the patrons of the activity.

2) Musicians will have the ability to sell merchandise.

c. LOT C - Street Performance

Provide two to three-hour street performances at dates / times agreed upon with the

Contract Administrator. Street performances should align with Scottdale’s culture and character (e.g., western, native).

1) Performances should be entertaining to Old Town visitors.

2) Performers may do "acts" such as the following:

■ Acrobatics

■ Balloon twisting

■ Caricatures

■ Characters / impersonators

■ Comedy

■ Contortions

■ Dance

■ Juggling

■ Magic

■ Mime

■ Native cultural dancers

■ Living statue

■ Storytelling

■ Poetry or prose recital

■ Street theatre

■ Staged "Western" acts, etc.

3) Performers should be able to gather a crowd for a performance and provide breaks to allow the crowds to venture into retail stores in the area.

4) Performers will refrain from incorporating sounds of live gunfire, or any other loud sounds that could induce panic.

5) Performers shall at all times, be responsible for all their equipment.

2. Entertainment Frequency

Frequency of performance may include, but not limited to the following dates (dates are subject to change):

a. A singular occurrence for a new city produced or sponsored event or existing event such as the following:

1) Western Week: late January / early February

2) Summer Programs: June Days and other summer activations

3) Scottsdazzle: starting the Saturday after Thanksgiving and running through December

b. Recurring performances may include, but not limited to the following dates (dates are subject to change):

1) Weekly Activation:

a. Live street performances (e.g., western-themed living statue) shall take place on weekends from 11am to 2pm or 1pm to 4pm from October 1 through March 30.

b. Cultural performances shall take place on Sundays from 12pm to 2pm, October 1 through March 30.

2) ArtWalk: roving, live musical entertainment shall take place on Thursdays from 7pm to

9pm from October 1 through March 30.

3. Entertainment Staging Locations

The primary staging locations (Exhibit B) will be provided by the City, on City owned property and right-of-ways. The potential staging locations include at minimum, but not limited to, the following:

A. Stetson Plaza - South side of Marshall Way Bridge B. Marshall Way Bridge C. Old Town Scottsdale Farmers Market D. West Paseo E. Scottsdale Civic Center, East Bowl F. Historic Old Town (roaming) G. Arts District (roaming)

4. Advance Notice Entertainment

The City may request the Contractor(s) to provide additional entertainment events, herein referred to as, "Advance Notice Requests". These additional entertainment requests and adjustments shall be requested by the Contract Administrator or designee. Advance notice requests may include at minimum, but not limited to, the following:

a. Single requests shall be made a minimum of two (2) weeks prior to the requested performance date.

b. Requests for entertainment needed for monthly or seasonal performances shall be submitted a minimum of four (4) weeks in advance of the performance series.

c. Fee structure shall be based on a per performance/event price, depending on the type of entertainment being provided. The City will not provide reimbursement for travel time or mileage associated with any resulting contract. Pricing per event, shall be all inclusive, including setup, tear down and total length of performance time.

B. CONTRACTOR’S RESPONSIBILITIES

1. The Contractor is encouraged to read the solicitation documents carefully, as the City shall not be responsible for errors and omissions on the part of the Contractor. The Contractor is also encouraged to carefully review their final submittal documents, as the City is not required to make interpretations or correct detected errors in calculations.

2. Contractor shall familiarize themselves with the nature and extend of the solicitation and contract documents, work to be performed, all local conditions, and federal and state and local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance of the work.

3. Contractor may be subjected to quarterly working group meetings for the purpose of evaluating talent, schedule and program performance.

4. Contractor shall be responsible at minimum, for the following (if applicable):

a. Coordinating with performers providing full insurance certificates and liability to the City for all acts provided to the City and/ or the Contract Administrator for event scheduling.

b. Displaying experience and professionalism booking entertainment and/or establishing entertainment contracts.

c. Maintaining access to local talent as well as bands with name recognition; Contractor shall provide a list of talent to the Contract Administrator for approval prior to booking talent.

d. Selecting performers who have proven experience in interacting with the audience and with engaging the audience.

e. Providing monthly information on all performers in electronic format as follows, to the City:

1) Bio for posting on web and use in marketing materials.

2) Photo for posting on web and marketing collateral.

f. Management of all performers, as applicable, and/or the City of Scottsdale, including but not limited to the following:

1) Retaining, scheduling, contracting and paying performers.

2) Coordination of all performers' spaces, power needs and any requirements for shade.

3) Ensuring quality control including timely arrival of performers and completion of the agree upon commitment, and sound levels are reasonable for the area (never to exceed 68dB).

4) Providing the required insurance coverage as referenced in Section 3.9 herein, for all acts, demonstrations and groups.

5) Any performance that includes a live flame shall require the artist to obtain all proper permits from the Scottdale Fire Department. Fire Permit Services | City of Scottsdale

g. Reporting to and meeting with the Contract Administrator to approve a schedule.

h. Submitting applicable invoices in accordance with Section 3.10 herein.

C. CITY'S RESPONSIBILITIES

1. The Contract Administrator for the resulting contract shall be the Old Town Marketing Program Development Manager.

2. All events shall be managed by the City of Scottsdale's Contract Administrator.

3. All scheduled events shall be coordinated equitably to the effect of establishing a rotational basis for highly desirable location(s) if applicable.

D. ADDITIONAL REQUIREMENTS - CITY CODE AND ORDINANCE

1. Live entertainment is not a permitted use within city right of way and performances outside of this contract are subject to City of Scottsdale Codes and Ordinances. These can be online at http://www.scottsdaleaz.gov/codes

2. Per the General Code of Ordinances, the following is defined per Sec. 3.100:

"Live entertainment" is a performance in person before an audience at a nonresidential establishment, but excludes the following:

https://www.scottsdaleaz.gov/fire/fire-services/fire-permit-services http://www.scottsdaleaz.gov/codes

a. Adult uses;

b. One or two performers without electronic amplification;

c. Incidental modeling of clothing and/or singing by employees or patrons, for which no additional floor area is required;

d. Disc jockey (DJ) who plays recorded music, but does not perform for the audience;

e. Karaoke;

f. Performances at an education service or place of worship;

g. Indoor performances at travel accommodations for a wedding ceremony, but not performances for a wedding reception;

h. Outdoor performances at travel accommodations for a wedding ceremony, but not performances for a wedding reception.

2. Any cancellations by Contractor or the City shall provide at least a 48-hour notice. Cancellations due to poor weather can be provided with a 3-hour notice by either party. Both parties must agree to the cancellation due to poor weather.

If a performance is cancelled after the contractor has set-up or during the performance due to weather conditions, the City will still pay for the performance.

SECTION 3 - SPECIAL TERMS AND CONDITIONS

1. ACCEPTANCE / AGREEMENT

Contractor shall act under the authority and approval of the Contract Administrator for the City, further named herein, to provide the services required by this Contract.

If for any reason the Offeror should fail to accept in writing, any conduct by Offeror which recognizes the existence of a Contract/Agreement pertaining to the subject matter hereof shall constitute acceptance by Offeror of the Contract/Agreement and all of its terms and conditions.

Any terms proposed in Offeror's acceptance of City's Contract which adds to, varies from or conflicts with the terms herein are hereby rejected by the City. Any such proposed terms shall be void and the terms herein shall constitute the complete and exclusive statement of the terms and conditions of the Contract/Agreement between the parties.

2. ADDITIONAL EVENTS

The City of Scottsdale reserves the right to add or subtract to this Contract as the need arises due to changes in the events required. In the event the City needs to add to this Contract, the pricing for any additions to services shall be applied per the applicable Contract unit costs. Any additions or subtractions to the Contract shall be done via a written amendment and be a MINIMUM of thirty (30) days prior to the changes taking effect.

3. BACKGROUND CHECK

The Contractor acknowledges that the City may require a background and/or criminal records check of Contractor, which may include fingerprinting. If, in the City’s sole discretion, the City determines that the Contractor refused to participate in a background and/or criminal records check or the City no longer wishes to contract with the Contractor due to the results of a background and/or criminal records check, the CITY may terminate this agreement effective immediately upon the CITY’S notice to the Contractor.

4. CITY ASSURANCE

The Contract Administrator shall report to the Contractor in writing, via email, or other written documentation, all deficiencies in the quality of performance of the service. All communication, written or verbal, between the City of Scottsdale and the Contractor shall be in English.

All deficiencies in the performance of the Contractor’s service shall be corrected promptly by the Contractor as directed by the Contract Administrator.

The Contract Administrator may monitor and review the performance of the Contractor and employees. The outcomes of this oversight may have a direct bearing on the opportunity to negotiate a renewal of the Contract, when applicable.

5. CITY OBSERVED HOLIDAYS

City holiday time frame to be 6:00 P.M. the eve of the holiday until 6:00 A.M. on the day after the holiday.

City Holidays Include:

a. New Year’s Day January 1st (or Friday before or Monday after)

b. Martin Luther King Day 3rd Monday in January

c. President’s Day 3rd Monday in February

d. Memorial Day Last Monday in May

e. Juneteenth June 19th (or Friday before or Monday after)

f. Independence Day July 4th (or Friday before or Monday after)

g. Labor Day 1st Monday in September

h. Veteran’s Day November 11 (or Friday before or Monday after)

i. Thanksgiving Day 4th Thursday in November

j. Day after Thanksgiving 4th Friday in November

k. Christmas Day December 25th (or Friday before or Monday after)

6. COMPLETENESS AND ACCURACY

The Consultant will be responsible for the completeness and accuracy of work prepared by the Consultant and will correct, at its expense, all errors or omissions which may be disclosed. The cost to correct those errors will be chargeable to the Consultant. Additional construction added to the project will not be the responsibility of the Consultant unless the need for additional construction was created by any error, omission, or negligent act of the Consultant. The City’s acceptance of the Consultant’s work will not relieve the Consultant of any of its responsibilities.

The professional standard to which the Consultant is held will be that of a similar Consultant as practiced in the State of Arizona.

7. CONTRACT ADMINISTRATION

The Contract Administrator, as identified in the Statement of Need shall audit the billings, approve payments, establish schedules, approve addenda to the contract, and generally be responsible for overseeing the execution of the contract.

8. DELAYS AND EXTENSIONS

During the course of this Contract, if deemed in the best interest of the City of Scottsdale, an extension of time may be granted. However, any time extension so granted shall not constitute or operate as a waiver by the City of Scottsdale of any of its rights herein.

9. INSURANCE REQUIREMENTS

Insurance Representations and Requirements

General Contractor agrees to comply with all applicable City ordinances and state and federal laws and regulations.

Without limiting any obligations or liabilities of Contractor, must purchase and maintain, at its own expense, this Contract’s stipulated minimum insurance with insurance companies properly licensed by the State of Arizona (admitted insurer) with an AM Best, Inc. rating of B ++ 6 or above or an equivalent qualified unlicensed insurer by the State of Arizona (non-admitted insurer) with policies and forms satisfactory to City of Scottsdale. Failure to maintain insurance as specified may result in termination of this Contract at City of Scottsdale’s option.

No Representation of Coverage Adequacy By requiring the insurance stated in this Contract, the City of Scottsdale does not represent that coverage and limits will be adequate to protect Contractor. City of Scottsdale reserves the right to review any and all of the insurance policies and/or endorsements required by this Contract but have no obligation to do so. Failure to demand any evidence of full compliance with the insurance requirements stated in this Contract or failure to identify any insurance deficiency does not relieve Contractor from, nor may it be construed or considered a waiver of Contractor’s obligation to maintain the required insurance at all times during the performance of this Contract.

Coverage Term All insurance required by this Contract must be maintained in full force and effect until all work or services required to be performed under the terms of this Contract are satisfactorily performed, completed and formally accepted by The City of Scottsdale, unless specified otherwise in this Contract.

Claims Made In the event any insurance policies required by this Contract are written on a “claims made” basis, coverage shall continue uninterrupted throughout the term of this Contract by keeping coverage in force using the effective date of this Contract as the retroactive date on all “claims made” policies. The retroactive date for exclusion of claims must be on or before the effective date of this Contract and can never be after the effective date of this Contract. Upon completion or termination of this Contract, the “claims made” coverage shall be extended for an additional three

(3) years using the original retroactive date, either through purchasing an extended reporting option; or by continued renewal of the original insurance policies. Submission of annual Certificates of Insurance, citing the applicable coverages and provisions specified herein, shall continue for three (3) years past the completion or termination of this Contract.

Policy Deductibles and or Self-Insured Retentions The policy requirements may provide coverage which contains deductibles or self-insured retention amounts. Any deductibles or self-insured retention are not applicable to the policy limits provided to City of Scottsdale. Contractor is solely responsible for any deductible or self-insured retention amount. City of Scottsdale, at its option, may require Contractor to secure payment of any deductible or self-insured retention by a surety bond or irrevocable and unconditional letter of credit.

Subcontractors, Entertainers, Performance Artists or others hired by contractor If contractor does not perform the requested entertainment or other work under this Contract; or of any part of the work is subcontracted in any way, Contractor must execute a written agreement with Subcontractor containing the same Indemnification Clause and Insurance Requirements as stated in this Contract protecting City of Scottsdale and Contractor.

Contractor will be responsible for executing the agreement with Subcontractor and obtaining certificates of Insurance verifying the insurance requirements.

Evidence of Insurance and Required Endorsements Before starting any work or services under this Contract, Contractor must furnish City of Scottsdale with Certificate(s) of Insurance, or formal endorsements as required by this Contract, issued by Contractor’s insurer(s) as evidence that policies are placed with acceptable insurers as specified in this Contract and provide the required coverage, conditions, and limits of coverage and that this coverage and the provisions are in full force and effect. If a Certificate of Insurance is submitted as verification of coverage, City of Scottsdale will reasonably rely upon the Certificate of Insurance as evidence of coverage, but this acceptance and reliance will not waive or alter in any way the insurance requirements or obligations of this agreement. If any of the above cited policies expire during the life of this Contract, it is Contractor’s responsibility to

COS RFP Template forward renewal Certificates within ten (10) days after the renewal date containing all the aforementioned insurance provisions. Certificates must specifically cite the following provisions endorsed to the Contractor’s policy:

1. City of Scottsdale, (and the U.S. Bureau of Reclamation), its agents, representatives, officers, directors, officials and employees must be named an Additional Insured under the following policies:

a) Commercial General Liability

b) Auto Liability

c) Excess Liability - Follow Form to underlying insurance as required.

2. Contractor’s insurance must be primary insurance as respects performance of subject contract.

3. All policies, except Professional Liability Insurance, if applicable, waive rights of recovery (subrogation) against City of Scottsdale, its agents, representatives, officers, directors, officials and employees for any claims arising out of work or services performed by Contractor under this Contract.

4. If the Contractor’s receives notice that any of the required policies of insurance are materially reduced or cancelled, it will be Contractor’s responsibility to provide prompt notice of same to the City, unless such coverage is immediately replaced with similar policies.

Required Coverage

Commercial General Liability Contractor must maintain “occurrence” form Commercial General Liability Insurance with a limit of not less than $1,000,000 for each occurrence, $2,000,000 Products and Completed Operations Annual Aggregate, and a $2,000,000 General Aggregate Limit. The policy must cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury. If any Excess insurance is utilized to fulfill the requirements of this section, the Excess insurance must be “follow form” equal or broader in coverage scope than underlying.

Vehicle Liability If any vehicle is used in the performance of the Scope of Work that is the subject of this Contract, the Contractor must maintain Business Automobile Liability Insurance with a limit of $1,000,000 each occurrence on Contractor’s owned, hired, and non-owned vehicles assigned to or used in the performance of the Contractor’s work or services under this Contract. If any hazardous material, as defined by any local, state or federal authority, is the subject, or transported, in the performance of this contract, an MCS 90 endorsement is required providing $5,000,000 per occurrence limits of liability for bodily injury and property damage. If any Excess insurance is utilized to fulfill the requirements of this section, the Excess insurance must be “follow form” equal or broader in coverage scope than underlying.

Workers’ Compensation Insurance Contractor must maintain Workers’ Compensation Insurance to cover obligations imposed by federal and state statutes applicable to Contractor’s employees engaged in the performance of work or services under this Contract and must also maintain Employers’ Liability Insurance of not less than $100,000 for each accident, $100,000 disease for each employee and $500,000 disease policy limit. If the Contractor is a sole proprietor or a single member limited liability company with no employees and has elected not to purchase Workers’ Compensation Insurance; a completed and signed Workers’ Compensation Waiver Form will substitute for the insurance requirement.

10. INVOICING

All invoices submitted for work done under the scope of this Contract MUST BE ITEMIZED.

Itemized invoices shall contain a MINIMUM of the following information:

• Vendor Name

• Remit to Address

• Purchase Order Number

• Invoice Date

• Invoice Number

• Date service/work was completed

• Complete description of work completed

• Location where service/work was performed

• Itemized list of all charges (quantity, description, unit pricing per the contract)

• Tax Amount (if applicable)

• Total Invoice Amount

The Contractor shall submit invoices with all supporting documentation within thirty (30) days after the service/work is completed and approved by the Contract Administrator.

11. KEY PERSONNEL

The Contractor shall provide an adequate staff of experienced personnel capable of and devoted to the successful accomplishment of Contract work. The Contractor shall assign the specific individuals identified in its proposal to key positions. The Contract is predicated, in part and among other considerations, on the utilization of the specific individual(s) and/or personnel qualification(s) identified and/or described in the Contractor’s offer. Therefore, no substitution of such specified individuals and/or personnel shall be made without prior written approval of the CA. Any substitution of personnel under this Contract shall be equal or better than those identified in the Contract. The City’s approval of a personnel substitution shall not be construed as an acceptance of the substitution’s performance potential. No approval shall be unreasonably withheld of a proposed substitution of personnel. The Contractor shall bear all transitional expenses incurred for any costs associated with removing or replacing Key Personnel who are performing work under the Contract.

12. MULTIPLE AWARDS

The City intends to make two contract awards, i.e., the highest ranked contractor shall be the primary contractor, and the second highest ranked contractor shall be the secondary contractor. Proposers must be able to provide all services to be considered for an award.

The secondary contractor will receive work when the primary contractor cannot provide the services required when needed.

In the event the primary on-call contractor fails to perform the duties required in the contract, and the City elects to terminate the primary’s contract, the secondary contractor shall become the primary contractor.

13. NON-COMPLIANCE CONDITIONS AND REMEDIES

Schedule Non-Compliance – Failure to maintain the approved or adjusted schedule will result in the issuance of a notice of non-compliance by the Contract Coordinator, or designee. Failure to correct the non-compliance situation within the time imposed by the City may result in the Contractor’s forfeiture of payment for the work that was not completed in the timeline issued by the Contract Administrator, or designee. At this point the City of Scottsdale will exercise its right to either perform the work itself or use another approved company to perform the work. Any work done in this manner will be deducted from the monthly billing. This action will in no way alleviate the responsibility of the Contractor to continue the maintenance of this site once the area has been recovered.

Employee Non-Compliance – Any employee(s) not following the standards set forth herein will be asked to leave the job site until basic work standards are met. This shall not alleviate the Contractor from fulfilling its responsibility to adhere to the schedule established with the Contract Administrator, or designee.

Throughout the life of this Contract every effort will be made to maintain effective communication with the Contractor. Phone calls, emails and faxes will be the normal way of alerting the Contractor to minimal violations. Persistent and/or negligence will be dealt with in a formal setting.

Failure of the Contractor to perform any services or requirements of the Contract shall be cause for the Contract Administrator to deduct payment based on administration costs, cost of labor for services having to be accomplished by others, supplies and materials; to be determined by the Contract Administrator. The disciplinary procedure for this section shall be:

First Infraction – A letter of ‘non-compliance’ shall be issued by the Contract Administrator. The Contractor shall have twenty-four (24) hours to respond in writing detailing what steps shall be taken to bring the maintenance back to compliance with the Contract. Remedy shall be executed within seventy-two (72) hours of notice issued by Contract Administrator to avoid a second letter of non-compliance. A letter of non-compliance will not result in any money charged against the Contractor.

Second Infraction – The second infraction in the same area or the same type of infraction shall result in a meeting with the Contractor. Failure to correct the non-compliance situation within the time imposed by the City may result in the Contractor’s forfeiture of payment for the work that was not completed in the timeline issued by the Contract Administrator. At this point the City of Scottsdale will exercise its right to either perform the work itself or use another approved to perform the work. Any work done in this manner will be deducted from the monthly billing. This action will in no way alleviate the responsibility of the Contractor to continue the maintenance of this site once the area has been recovered.

Third Infraction - The third infraction, within six (6) months, shall result in a meeting between the Contractor, City of Scottsdale staff and City of Scottsdale Purchasing staff. The Contractor shall explain, and put in writing, the action they are going to implement to avoid this situation further.

The third infraction results in the Contractor being put on forty-five (45) day probation, beginning with the meeting with City staff. At any time during the forty-five (45) day probation period the Contractor may be terminated with a seven (7) day notice. Any payments due at that time shall be frozen until the Contract has been serviced to specifications. If this is not possible the Contractor has no expectation of payment

14. PRICE ADJUSTMENTS

Price increases may only be requested by the Contractor, thirty (30) days prior to the anniversary date of the Agreement. Failure to do so may result in the denial of any increase requested.

A requested price increase will become effective only after approval by the Contract Administrator and the Purchasing Director. Once approved the price increase will be adjusted into a new base price for the remainder of the contract period. Any future requested price increases to the base price will only be reviewed at annual renewal time and require the approval of the Contract Administrator and Purchasing Director.

The proposed increased rate shall be based upon presentation by the Contractor and review by the Contract Administrator; however, the Contract Administrator shall evaluate the Contractor's performance, services and records documentation to determine the appropriateness of the increase requested.

15. PRICING

Pricing shall be listed on the Pricing Proposal Form. Prices quoted by the Offerors shall be applicable during the entire initial term of the Contract.

For reasons of clarity all submissions of pricing shall be priced in the same unit (size, volume, quantity, weight, etc.) as requested on the Pricing Proposal Form herein. Offerors failing to comply with this requirement may be declared non-responsive.

All charges associated with this Contract MUST be shown on the Pricing Proposal Form returned by the Offeror or other supporting documentation. Any charges not listed on the Pricing Proposal Form or supporting documentation submitted with the Offeror’s proposal response shall not be allowed during the Contract period and any applicable extensions.

The Offeror is strongly encouraged to offer additional pricing for related items, products and services, which are not specifically addressed as line items in this solicitation but are directly related to the items and products requested by the City herein and offered by the Offeror.

Additional items, products and services proposed pricing should be noted on the Pricing Proposal Form or a separate attachment to Offeror’s submittal document.

16. REVIEW OF CONTRACTOR’S WORK

The City reserves the right to perform background checks on the Contractor and their employees who will be conducting onsite activities and have direct contact with the City’s client

17. SUBSTANCE ABUSE SCREENING & BACKGROUND CHECK REQUIREMENTS

Any and all employees, including all owners and officers of Contractors who perform work in City facilities, shall submit to and pass a criminal background investigation and substance abuse screening as outlined herein.

The Contractor shall provide the City of Scottsdale written certification that all employees of the Contractor, who will be performing work in City of Scottsdale facilities, have successfully completed and passed both a criminal background investigation and substance abuse screening prior to engaging in any work in any City of Scottsdale facility.

All employees of the Contractor shall abstain from the use of illegal drugs and/or alcohol, and the misuse of controlled substances while performing work in City of Scottsdale facilities. The Contractor shall be notified and required to immediately remove any employee that is suspected of being under the influence of a controlled substance while performing work in a City of

COS RFP Template

Scottsdale facility. The employee removed under these circumstances may return to performing work in City of Scottsdale facilities only after it has been determined and verified by the City of Scottsdale, that the employee was not under the influence of a controlled substance at the time of the incident.

• Substance Abuse Screening

Contractor’s employees, prior to engaging in work in any City of Scottsdale facility, shall be required to submit to and successfully complete a substance abuse screening for illegal drugs and controlled substances that includes at least the following: Amphetamines, Barbiturates, Benzodiazepines, Cocaine, Marijuana, Methadone, Opiates, PCP, and Propoxyphene. The substance abuse screening shall be performed by a laboratory legally authorized to perform such screenings and any related cost will be at the sole expense of the Contractor.

• Criminal Background Investigation Contractor and/or Contractor’s employees, prior to engaging in work for or in any City of Scottsdale facility, shall be required to submit to and successfully complete a full state and local federal criminal background investigation. The Contractor (if the Contractor performs work individually) shall not perform any work and the Contractor shall not allow any employee to perform work for or in a City of Scottsdale facility, if it is determined through the background investigation that the person has a history of conviction or arrest involving crimes of violence against others, sex offense, theft, or the sale and/or use of illegal drugs. Any cost incurred by the Contractor as a result of performing background investigation on their employees shall be at the sole expense of the Contractor.

Following Contractor award, the Contractor shall provide the Contract Administrator with a list of the “routine” contract assigned employees and include their Legal Name (First/Last), Date of Birth and Social Security Number. The City will conduct an ACJIS background check and issue an ID Badge to each routine contract employee who successfully passes the City’s background clearance.

All background checks are required to be updated annually based on the issuance date of the City issued picture identification badge, such annual updates will be performed by the City at the City’s expense.

Further, Contractor agrees that City policy does not permit, and the Contractor shall not allow, any individual who meets any of the following criteria to have unescorted access to any area that is considered vital infrastructure or to have unsupervised contact with members of a vulnerable population (such as children, those with mental disabilities or the elderly):

List of Automatic Disqualifiers:

Pending criminal charges of any kind except for minor traffic offenses.

Active warrants of any kind.

Violent felony convictions within either the last 10 years after conviction or release from prison, whichever is longer.

Non-violent felony convictions within either the last 5 years after conviction or release from prison, which ever period is longer.

Affiliation, past or present, with a terrorist organization.

Current affiliation with an organized crime syndicate or street gang or past membership within the last 10 years.

City of Scottsdale Vital Infrastructures includes but is not limited to:

Public Safety Facilities Water Department Facilities Prosecutors’ Office City Courts City Hall

Any facility defined under A.R.S. 41-1801 - “Critical Infrastructure”, means systems and assets, whether physical or virtual, that are so vital to this state and the United States that the incapacity

COS RFP Template or destruction of these systems and assets would have a debilitating impact on security, economic security, public health or safety.

18. TERM OF AGREEMENT

The term of this Contract shall be for a one (1) year period from the effective date of the contract award.

The City and Contractor may mutually agree to extend this Contract for four (4) additional one (1) year periods, upon the recommendation of the Contract Administrator, concurrence of the Purchasing Director and/or City Council, depending on the Contract.

19. THIRD PARTY BENEFICIARY

Nothing under the Contract Documents will be construed to give any rights or benefits in the Contract Documents to anyone other than the City and the Consultant, and all duties and responsibilities undertaken in accordance with the Contract Documents will be for the sole and exclusive benefit of the City and the Consultant and not for the benefit of any other party.

20. VALUATION OF CONTRACTORS PERFORMANCE

The Contractor will be evaluated regarding its performance of this Contract. This evaluation will include, but not be limited to, the following consideration for:

Completeness Accuracy Performance Coordination Technical Expertise Organization Working Relationship with City Staff and Others Availability Communication Skills (meetings, correspondence, etc.)

This evaluation will be prepared by the staff and used to evaluate the desirability to proceed with negotiations for additional services.

SECTION 4 – EVALUATION CRITERIA

A. EVALUATION CRITERIA

GENERAL

After receipt of all proposals, each submittal shall be screened to determine if any shall be deemed non-responsive. Unsigned proposals, incomplete proposals, non-conformance with mandatory requirements, etc., may result in the determination of non-responsive.

Subsequent to the initial review, all remaining proposals shall be reviewed by the Proposal Evaluation Committee.

PROPOSAL EVALUATION

All responsive proposals shall be evaluated by the Proposal Evaluation Committee using the criteria listed below. The recommendation for contract award will be made to the responsible Offeror whose proposal is determined to be the most advantageous to the City.

The following is the criteria that will be used to review the proposals:

DESCRIPTION

Event Description and Approach Company and Staff Qualifications/Project Team Information/Resumes/Industry Knowledge Pricing References, Subcontractors List, and Exceptions

The following items may be used by the Proposal Evaluation Committee to evaluate each proposal submitted:

1. Cost factors associated with performing the work required by the contract.

2. The Offeror’s demonstrated experience on similar types of projects, including satisfactory reference checks relating to past work relationships, past performance on projects of similar scope and size, level of knowledge, reliability, flexibility and ability to meet project deadlines.

3. The ability and willingness of the Offeror to meet or exceed the specifications and standards of this solicitation and Offeror’s understanding and perceived perception of the scope of work contained herein.

4. The content and quality of the Offeror’s proposal and other presentation materials.

Each proposal will be reviewed in entirety and assigned a score with respect to each of the criteria. The proposals will be ranked by the evaluation committee.

The evaluation committee may establish a short list of those proposals considered most advantageous to the City of Scottsdale.

Short-listed Offerors may be invited to make presentation. At the presentation, the evaluation committee will score each Offeror.

At the conclusion of all presentations, an overall ranking of proposals will be performed.

The City of Scottsdale intends to enter into negotiations with the top ranked Offeror determined to provide the most advantageous combination of product and services as determined by the proposal and presentation.

Should negotiations with the top ranked Offeror fail to reach a satisfactory conclusion, the City of Scottsdale may at is sole discretion enter into negotiations with the second ranked vendor, or the City of Scottsdale may determine that no further negotiations will be conducted.

SECTION 5 – SUBMITTAL PREPARATION REQUIREMENTS

All required documents shall be submitted electronically through the City of Scottsdale procurement portal at: City of Scottsdale, AZ (bonfirehub.com). Offerors are expected to download the solicitation documents from the Bonfire procurement portal at City of Scottsdale, AZ (bonfirehub.com). To prepare your electronic submission please do the following:

Review the solicitation document downloaded from the procurement portal and navigate to Section 5 – Submittal Preparation Requirements. This page is provided to give Offerors a list of the items that will be required to be submitted as a part of their official proposal. We have designated in the description of each item how Offerors are to respond:

• COS Form means there is a corresponding form that needs to be completed by the Offeror and saved as a PDF.

• If COS Form is not listed this means the Offeror shall prepare their information as detailed in Section 5 – Submittal Preparation Requirements. For example, Offerors are required to prepare their own Project Approach response, making sure they provide all of the information requested in that specific section below. Offerors could write the document using Word or Google Docs and then saving the document as a PDF.

• Once the Offeror has PDF documents for all of the items listed in the Section 5 –

Submittal Preparation Requirements checklist they will upload those file as noted within the Requested Information section of the City of Scottsdale procurement portal at: City of Scottsdale, AZ (bonfirehub.com).

• In the case of pricing, there may or may not be a form to be completed, we provide instructions on how to provide the pricing information for each solicitation. In some instances, Offerors will fill out a pricing form and upload them as a PDF document. In some instances, Offerors will download a pricing spreadsheet from the procurement portal, enter in their pricing information, and the upload the completed spreadsheet into the procurement portal. Some solicitations will have a browser-based pricing sheet that Offerors will complete directly in the procurement portal.

■ Event Description and Approach - Contractor's proposal shall provide a detailed explanation of each proposed event. Each event shall include the time to set up and disassemble event. Example of space requirements, equipment used, etc., to successfully carry out the objectives of the event. The event description and approach document should include a MINIMUM of the following items:

► A written statement of how Contractor will assess/evaluate musicians/performers/ entertainers to determine appropriateness for Old Town performances, as well as how performances will be assessed. This shall include, but not be limited to, the following:

• Timely arrival

• Ability to engage the crowd

• Fulfillment of time commitment, etc.

► A schedule of locations, days, times and number of performances offered per event to be provided to meet programming requirements.

► For all activities, the respondent must identify whether the activity being proposed is a new concept or a concept with history. If the concept is new, provide a description of the activity and the proposer's experience that is relevant to the development of this activity and the activity's relationship to Scottsdale's character of place.

► Contractor/individual may submit photos of events to show event descriptions.

Please note: The City does NOT desire CD's, tapes and/or demos of performers. A firm/individual may provide an online website link to a performance for content evaluation and assessment.

■ Company and Staff Qualifications - The Contractor shall submit a Company Qualifications document which illustrates the Contractor's understanding of the objectives of this solicitation, as well as the qualifications, experience, training and other credentials that illustrate the Offeror and employee's abilities to successfully complete the scope of work represented in this solicitation.

The Firm and Staff Qualifications document should include a MINIMUM of the following items:

► Synopsis of the firm/individual(s) history including…