REQUEST FOR LETTER OF INTEREST For Lobbying Services for City Mayor and Council Office CM QSP

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1 CITY OF AVONDALE Finance and Budget Department W Civic Center Drive, Suite 250 Avondale, AZ Phone: Fax: REQUEST FOR LETTER OF INTEREST For for City Mayor and Council Office CM QSP All RFLI responses due by January 27, 2014, 3:00 PM. I. Introduction. The City of Avondale (the City ) is seeking qualified firms or individual(s) to perform lobbying services before the Arizona State Legislature ( State Legislature ) and other governmental entities as directed by the City Mayor and Council Office. The services are to begin immediately and running through the end of the current session. The service is needed to ensure that the City s positions and interests are effectively represented before the State Legislature, governmental agencies or quasi-political agencies, and with other key elected and appointed officials at the state and local level. This may be a multiple award contract for multiple qualified lobbyists. Selection will be made based on relevant work experience and availability. II. Background Information. The primary purpose will be to lobby the State Legislature for the passage of bills and amendments favorable to the City and to lobby against bills and amendments contrary to the City. 1. Among the issues that will be of particular concern are the following: ASRS Ineligible Employees (Avondale has been the lead City on this issue for the past two sessions; most stakeholders believe that during this session it will finally be resolved). HURF Restoration TPT Fixes Impact Fee Changes Any unexpected issues that may arise 2. Other issues moving through the legislative process will be tracked by the Arizona League of Cities and Towns. The City s Consultant will need to work with the League throughout the session. III. Term of Agreement. The agreement will become effective upon execution of the contract. The original term of the contract shall be from January 28, 2014, through and including September 30, The agreement may be renewed for 1 additional one year period and at the mutual agreement of City and Consultant. IV. Qualifications and Experience. The Consultant must demonstrate the ability to work with legislators and have a thorough understanding of the Arizona State legislative process, administrative rules and procedures, an understanding of local government issues; both city and county, and the organization of the City of Avondale is essential. Consultant must possess the proven ability to work with elected officials in all areas of city government, with the ability to maintain relationships with various governmental and non-governmental organizations associated in the legislative process. Page 1 of 6

2 V. Scope of Services and Tasks. 1. Consultant shall designate an employee(s) and make known to the City the name and title of the employee within its organization who is authorized to act as Consultant s representative in its performance of this Agreement. The Consultant Representative shall have the responsibility of working with the City to coordinate the performance of its obligations under this Agreement. 2. The Consultant will represent the City Mayor and Council Office throughout the current session as the legislative process demands, with particular emphasis during the General, Special and Interim sessions of the Arizona State Legislature. In addition, the Consultant may be asked to work on issues outside the legislative process, as needed. The Consultant may be asked to provide representation on issues that arise with other entities. 3. Tasks will be assigned on an issue/project basis. At the sole discretion of the City, the City Mayor and Council Office may assign the issue/project that the City desires the Consultant to lobby on behalf of the City. 4. The Consultant will need to present an update to the City Council at a regular meeting or work session at least twice during the session and other updates may be requested based on developments at the legislature. 5. The Consultant will be expected to meet once a week with the City Manager to discuss his/her activities. 6. The Consultant will be expected to provide a brief written update to the City Manager on Thursday of each week for inclusion in the City Manager s update to the City Council. VI. Interested Applicants Must Submit. 1. Completed and signed Consultant, Business, and Pricing Information sections included in this RFLI packet. RFLI Responses may be mailed, or sent facsimile to the attention of Procurement Officer, Loretta Browning at the above listed address/fax. Additionally, scanned to will be accepted. 2. Letter of Interest (2 pages maximum). Letter shall include: Firm s Qualifications. Provide a brief description of your firm, the scope and nature of services routinely provided by your firm on services of this nature. Identify the type of business under which your firm operates (corporation, partnership, sole proprietor, etc.), date business started, and your firm s license number to do business in the State of Arizona. Relevant Experience. Provide detailed relevant experience and pertinent information regarding knowledge of local government and knowledge of City and State government and operations. 3. Current Résumé(s) 4. Three Professional References to include: Name Address Telephone or Cell Phone Number Address Description of Relationship to the Consultant (include number of years). VII. Special Terms and Conditions. 1. Standard of Performance/Professionalism. Consultant acknowledges the standard of performance and professionalism required in the performance of its services under this Agreement. Consultant agrees to perform the services under this Agreement with the level of professionalism expected in its industry/profession in the community. Further, Consultant, while performing its obligations under this Agreement, will conduct itself in such a manner that will promote the best interests of the City. Consultant further agrees that it will not accept any fee or financial remuneration from any entity or person other that the City Avondale for its performance under this Agreement. 2. Indemnification. To the fullest extent permitted by law, the Consultant shall indemnify, defend and hold harmless the City and each council member, officer, employee or agent thereof (the City and any such person being herein called an Indemnified Party ), for, from and against any and all losses, claims, damages, liabilities, Page 2 of 6

3 costs and expenses (including, but not limited to, reasonable attorneys fees, court costs and the costs of appellate proceedings) to which any such Indemnified Party may become subject, under any theory of liability whatsoever ( Claims ), insofar as such Claims (or actions in respect thereof) relate to, arise out of, or are caused by or based upon the negligent acts, intentional misconduct, errors, mistakes or omissions, in connection with the work or services of the Consultant, its officers, employees, agents, or any tier of subcontractor in the performance of this Agreement. The amount and type of insurance coverage requirements set forth below will in no way be construed as limiting the scope of the indemnity in this Section. 3. Insurance. a. Insurer Qualifications. Without limiting any obligations or liabilities of Consultant, Consultant shall purchase and maintain, at its own expense, hereinafter stipulated minimum insurance with insurance companies authorized to do business in the State of Arizona pursuant to ARIZ. REV. Stat , as amended, with an AM Best, Inc. rating of A or above with policies and forms satisfactory to the City. Failure to maintain insurance as specified herein may result in termination of this Agreement at the City s option. b. All insurance coverage and self-insured retention or deductible portions, except Workers Compensation insurance and Professional Liability insurance, if applicable, shall name, to the fullest extent permitted by law for claims arising out of the performance of this Agreement, the City, its agents, representatives, officers, directors, officials and employees as Additional Insured as specified under the respective coverage sections of this Agreement. c. All insurance required herein shall be maintained in full force and effect until all work or services required to be performed under the terms of this Agreement are satisfactorily performed, completed and formally accepted by the City, unless specified otherwise in this Agreement. d. Primary Insurance. Consultant s insurance shall be primary insurance with respect to performance of this Agreement and in the protection of the City as an Additional Insured. e. Waiver. All policies, except for Professional Liability, including Workers Compensation insurance, shall contain a waiver of rights of recovery (subrogation) against the City, its agents, representatives, officials, officers and employees for any claims arising out of the work or services of Consultant. Consultant shall arrange to have such subrogation waivers incorporated into each policy via formal written endorsement thereto. f. Policy Deductibles and/or Self-Insured Retentions. The policies set forth in these requirements may provide coverage that contains deductibles or self-insured retention amounts. Such deductibles or self-insured retention shall not be applicable with respect to the policy limits provided to the City. Consultant shall be solely responsible for any such deductible or self-insured retention amount. g. Use of Subcontractors. If any work under this Agreement is subcontracted in any way, Consultant shall execute written agreement with its subcontractors containing the indemnification provisions set forth in this Section and insurance requirements set forth herein protecting the City and Consultant. Consultant shall be responsible for executing any agreements with its subcontractors and obtaining certificates of insurance verifying the insurance requirements. Consultant agrees that it shall not subcontract to provide any of the services under this agreement or execute performance of its obligations under this agreement without prior express and written consent of the City. h. Evidence of Insurance. Prior to commencing any work or services under this Agreement, Consultant will provide the City with suitable evidence of insurance in the form of certificates of insurance and a copy of the declaration page(s) of the insurance policies as required by this Agreement, issued by Consultant s insurance insurer(s) as evidence that policies are placed with acceptable insurers as specified herein and provide the required coverages, conditions and limits of coverage specified in this Agreement and that such coverage and provisions are in full force and effect. Confidential information such as the policy premium may be redacted from the declaration page(s) of each insurance policy, provided that such redactions do not alter any of the information required by this Agreement. The City shall reasonably rely upon the certificates of insurance and declaration page(s) of the insurance policies as evidence of coverage but such acceptance and reliance shall not waive or alter in any way the insurance requirements or obligations of Page 3 of 6

4 this Agreement. In the event any insurance policy required by this Agreement is written on a claims made basis, coverage shall extend for two years past completion of the Services and the City s acceptance of the Consultant s work or services and as evidenced by annual certificates of insurance. If any of the policies required by this Agreement expire during the life of this Agreement, it shall be Consultant s responsibility to forward renewal certificates and declaration page(s) to the City 30 days prior to the expiration date. All certificates of insurance and declarations required by this Agreement shall be identified by referencing the RFLI number and title or this Agreement. Additionally, certificates of insurance and declaration page(s) of the insurance policies submitted without referencing the appropriate RFLI number and title or a reference to this Agreement, as applicable, will be subject to rejection and may be returned or discarded. Certificates of insurance and declaration page(s) shall specifically include the following provisions: non-owned vehicles assigned to or used in the performance of the Consultant s work or services under this Agreement. Coverage will be at least as broad as ISO coverage code 1 any auto policy form CA or equivalent thereof. To the fullest extent allowed by law, for claims arising out of the performance of this Agreement, the City, its agents, representatives, officers, directors, officials and employees shall be cited as an Additional Insured under ISO Business Auto policy Designated Insured Endorsement form CA or equivalent. If any Excess insurance is utilized to fulfill the requirements of this subsection, such Excess insurance shall be follow form equal or broader in coverage scope than underlying insurance. i. Professional Liability. If this Agreement is the subject of any professional services or work, or if the Consultant engages in any professional services or work adjunct or residual to performing the work under this Agreement, the Consultant shall maintain Professional Liability insurance covering negligent errors and omissions arising out of the Services performed by the Consultant, or anyone employed by the Consultant, or anyone for whose negligent acts, mistakes, errors and omissions the Consultant is legally liable, with an unimpaired liability insurance limit of $2,000,000 each claim and $2,000,000 annual aggregate. In the event the Professional Liability insurance policy is written on a claims made basis, coverage shall extend for two years past completion and acceptance of the Services, and the Consultant shall be required to submit certificates of insurance and a copy of the declaration page(s) of the insurance policies evidencing proper coverage is in effect as required above. j. Workers Compensation Insurance. Consultant shall maintain Workers Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction over Consultant s employees engaged in the performance of work or services under this Agreement and shall also maintain Employers Liability Insurance of not less than $500,000 for each accident, $500,000 disease for each employee and $1,000,000 disease policy limit Cancellation and Expiration Notice. Insurance required herein shall not expire, be canceled, or materially change without 30 days prior written notice to the City. 12. Applicable Law; Venue. In the performance of this Agreement, Consultant shall abide by and conform to any and all laws of the United States, State of Arizona and City of Avondale, including but not limited to, federal and state executive orders providing for equal employment and procurement opportunities, the Federal Occupational Safety and Health Act and any other federal or state laws applicable to this Agreement. This Agreement shall be governed by the laws of the State of Arizona and suit pertaining to this Agreement may be brought only in courts in the State of Arizona. 4. Termination; Cancellation. For City s Convenience. This Agreement is for the convenience of the City and, as such, may be terminated without cause after receipt by Consultant of written notice by the City. Upon termination for convenience, Consultant shall be paid for all undisputed services performed to the termination date. 5. Non-owned vehicles assigned to or used in the performance of the Consultant s work or services under this Agreement. Coverage will be at least as broad as ISO coverage code 1 any auto policy form CA or equivalent thereof. To the fullest extent allowed by law, for claims arising out of the performance of this Agreement, the City, its agents, representatives, officers, directors, officials and employees shall be cited as an Additional Insured under ISO Business Auto policy Designated Insured Endorsement form CA or Page 4 of 6

5 equivalent. If any Excess insurance is utilized to fulfill the requirements of this subsection, such Excess insurance shall be follow form equal or broader in coverage scope than underlying insurance. a. Professional Liability. If this Agreement is the subject of any professional services or work, or if the Consultant engages in any professional services or work adjunct or residual to performing the work under this Agreement, the Consultant shall maintain Professional Liability insurance covering negligent errors and omissions arising out of the Services performed by the Consultant, or anyone employed by the Consultant, or anyone for whose negligent acts, mistakes, errors and omissions the Consultant is legally liable, with an unimpaired liability insurance limit of $2,000,000 each claim and $2,000,000 annual aggregate. In the event the Professional Liability insurance policy is written on a claims made basis, coverage shall extend for two years past completion and acceptance of the Services, and the Consultant shall be required to submit certificates of insurance and a copy of the declaration page(s) of the insurance policies evidencing proper coverage is in effect as required above. 6. Independent Consultant. The Consultant acknowledges that the Services provided under this Agreement are being provided as an independent Consultant, not as an employee or agent of the City. Both parties agree that this Agreement is nonexclusive and that Consultant is not prohibited from entering into other contracts nor prohibited from practicing its profession elsewhere. 7. Laws and regulations. The Consultant shall keep fully informed and shall at all times during the performance of its duties under this Agreement ensure that it any person for whom the Consultant is responsible remains in compliance with all rules, regulations, ordinances, statues or laws affecting the Services including the following: (i) existing and future City and County ordinances and regulations, (ii) state and federal laws and (iii) Occupational Safety and Health Administration ( OSHA ) Standards. 8. Vendor Licensing and Registration. Prior to award of the award or acceptance of the agreement, the successful Vendor shall (a) be licensed with the Arizona Corporation Commission to do business in Arizona and (b) have completed a Request for Vendor Number on file with the City Financial Services Department. The Vendor shall provide licensure information with the RFLI. Corporations and partnerships shall be able to provide a Certificate of Good Standing from the Arizona Corporation Commission. 9. Agreement Subject to Appropriation: The provisions of this Agreement for payment of funds by the City shall be effective when funds are appropriated for purposes of this Agreement and are actually available for payment. The City shall be the sole judge and authority in determining the availability of funds under this Agreement and the City shall keep the Consultant fully informed as to the availability of funds for the Agreement. The obligation of the City to make any payment pursuant to this Agreement is a current expense of the City, payable exclusively from such annual appropriations, and is not a general obligation or payable exclusively from such annual appropriations, and is not a general obligation or indebtedness of the City. If the City Council fails to appropriate money sufficient to pay the amounts as set forth in this Agreement during any immediately succeeding fiscal year, this Agreement shall terminate at the end of the then-current fiscal year and the City and the Consultant shall be relieved of any subsequent obligation under this Agreement. 10. E-verify Requirements. To the extent applicable under ARIZ. REV. STAT , the Consultant and its Subcontractors warrant compliance with all federal immigration laws and regulations that relate to their employees and compliance with the E-verify requirements under ARIZ. REV. STAT (A). Consultant s or its Subcontractor s failure to comply with such warranty shall be deemed a material breach of this Contract and may result in the termination of this Contract by the City. VIII. Instructions and Conditions 1. Payment Terms are net 30 unless otherwise specified by Consultant. 2. These price quotations are confidential and will not be divulged to others except as the accounts are settled through the auditing department. Page 5 of 6

6 CONSULTANT EMPLOYEE INFORMATION: Consultant Full Name: Address: Phone: Cell Phone: Address: Consultant Fee (Hourly Rate): BUSINESS INFORMATION: x Signature of Authorized Agent Typed or Printed Name Title / / Telephone No Date Company Name: Address: City: State Zip: Address: (City Manager Signature required for awards over $25,000.00). Proposals resulting in $50,000. or greater will not be authorized and will require a formal procurement process. ACCEPTANCE OF OFFER AND CONTRACT AWARD (For City of Avondale Use Only) The Consultant Offer is hereby accepted. The Consultant shall not commence any billable work or provide any materials or service under this Contract prior to the date this Contract is executed. City of Avondale, an Arizona municipal corporation. Charles McClendon, City Manager Page 6 of 6

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