HomeMy WebLinkAboutC2019-009 Contract No. C2019-09
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
J. YATES ENTERPRISE, LLC
THIS PROFESSIONAL SERVICES AGREEMENT (this "Agreement") is entered into
as of October 24, 2019, between the Town of Fountain Hills, an Arizona municipal corporation
(the "Town") and J. Yates Enterprise, LLC, a(n) Arizona limited liability company (the
"Vendor").
RECITALS
A. The Town issued a Request for Proposals, C2019-09 "Art and Craft Market" (the
"RFP"), a copy of which is on file in the Town Clerk's Office and incorporated herein by
reference, seeking proposals from vendors for a recurring Art and Craft Market (the "Services").
B. The Vendor responded to the RFP by submitting a proposal (the "Proposal"),
attached hereto as Exhibit A and incorporated herein by reference, and the Town desires to enter
into an Agreement with the Vendor for the Services.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing introduction and recitals, which
are incorporated herein by reference, the following mutual covenants and conditions, and other
good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
the Town and the Vendor hereby agree as follows:
1. Term of Agreement. This Agreement shall be effective as of the date first set
forth above and shall remain in full force and effect until October 24, 2020 (the "Initial Term"),
unless terminated as otherwise provided in this Agreement. After the expiration of the Initial
Term, this Agreement may be renewed for up to four successive one-year terms (each, a
"Renewal Term") if(i) it is deemed in the best interests of the Town, subject to availability and
appropriation of funds for renewal in each subsequent year, (ii) at least 30 days prior to the end
of the then-current term of this Agreement, the Vendor requests, in writing, to extend this
Agreement for an additional one-year term and (iii) the Town approves the additional one-year
term in writing (including any price adjustments approved as part of this Agreement), as
evidenced by the Town Manager's signature thereon, which approval may be withheld by the
Town for any reason. The Vendor's failure to seek a renewal of this Agreement shall cause this
Agreement to terminate at the end of the then-current term of this Agreement; provided,
however, that the Town may, at its discretion and with the agreement of the Vendor, elect to
waive this requirement and renew this Agreement. The Initial Term and any Renewal Term(s)
are collectively referred to herein as the "Term." Upon renewal, the terms and conditions of this
Agreement shall remain in full force and effect.
2. Scope of Work. Vendor shall provide the Services as set forth in the Scope of
Work, attached hereto as Exhibit B and incorporated herein by reference.
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3. Compensation. The Vendor shall pay the Town $93.75 per event, payable in
accordance with the terms set forth in Section 4 herein. The annual aggregate amount payable to
the Town and for each subsequent Renewal Term, if any, shall not exceed $2,000.00 for the
Services. The maximum aggregate amount for this Agreement, including all Renewal Terms,
shall not exceed$10,000.00.
4. Payments. The Vendor shall make payment to the Town within 5 days before
each event and provide to the Town such documentation as the Town may require in sufficient
detail to justify the amount of the payment. Payments not timely remitted shall bear interest at
the rate of one percent(1%)per month until paid.
5. Documents. All documents, including any intellectual property rights thereto,
prepared and submitted to the Town pursuant to this Agreement shall be the property of the
Town.
6. Vendor Personnel. Vendor shall provide adequate, experienced personnel,
capable of and devoted to the successful performance of the Services under this Agreement.
Vendor agrees to assign specific individuals to key positions. If deemed qualified, the Vendor is
encouraged to hire Town residents to fill vacant positions at all levels. Vendor agrees that, upon
commencement of the Services to be performed under this Agreement, key personnel shall not
be removed or replaced without prior written notice to the Town. If key personnel are not
available to perform the Services for a continuous period exceeding 30 calendar days, or are
expected to devote substantially less effort to the Services than initially anticipated, Vendor shall
immediately notify the Town of same and shall, subject to the concurrence of the Town, replace
such personnel with personnel possessing substantially equal ability and qualifications.
7. Inspection; Acceptance. All work shall be subject to inspection and acceptance
by the Town at reasonable times during Vendor's performance. The Vendor shall provide and
maintain a self-inspection system that is acceptable to the Town.
8. Licenses; Materials. Vendor shall maintain in current status all federal, state and
local licenses and permits required for the operation of the business conducted by the Vendor.
The Town has no obligation to provide Vendor, its employees or subcontractors any business
registrations or licenses required to perform the specific services set forth in this Agreement.
The Town has no obligation to provide tools, equipment or material to Vendor.
9. Performance Warranty. Vendor warrants that the Services rendered will conform
to the requirements of this Agreement and with the care and skill ordinarily used by members of
the same profession practicing under similar circumstances at the same time and in the same
locality.
10. Indemnification. To the fullest extent permitted by law, the Vendor shall
indemnify, defend and hold harmless the Town and each council member, officer, employee or
agent thereof(the Town and any such person being herein called an "Indemnified Party"), for,
from and against any and all losses, claims, damages, liabilities, costs and expenses (including,
but not limited to, reasonable attorneys' fees, court costs and the costs of appellate proceedings)
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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, breach of contract, in connection with the work or services of the Vendor, 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.
11. Insurance.
11.1 General.
A. Insurer Qualifications. Without limiting any obligations or
liabilities of Vendor, Vendor 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. § 20-206, as amended, with an AM Best,
Inc. rating of A- or above with policies and forms satisfactory to the Town. Failure to
maintain insurance as specified herein may result in termination of this Agreement at the
Town's option.
B. No Representation of Coverage Adequacy. By requiring insurance
herein, the Town does not represent that coverage and limits will be adequate to protect
Vendor. The Town reserves the right to review any and all of the insurance policies
and/or endorsements cited in this Agreement but has no obligation to do so. Failure to
demand such evidence of full compliance with the insurance requirements set forth in this
Agreement or failure to identify any insurance deficiency shall not relieve Vendor from,
nor be construed or deemed a waiver of, its obligation to maintain the required insurance
at all times during the performance of this Agreement.
C. Additional Insured. All insurance coverage, 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 Town, its agents, representatives, officers, directors, officials and
employees as Additional Insured as specified under the respective coverage sections of
this Agreement.
D. Coverage Term. 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
Town,unless specified otherwise in this Agreement.
E. Primary Insurance. Vendor's insurance shall be primary insurance
with respect to performance of this Agreement and in the protection of the Town as an
Additional Insured.
F. Claims Made. In the event any insurance policies required by this
Agreement are written on a"claims made" basis, coverage shall extend, either by keeping
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coverage in force or purchasing an extended reporting option, for three years past
completion and acceptance of the services. Such continuing coverage shall be evidenced
by submission of annual Certificates of Insurance citing applicable coverage is in force
and contains the provisions as required herein for the three-year period.
G. Waiver. All policies, except for Professional Liability, including
Workers' Compensation insurance, shall contain a waiver of rights of recovery
(subrogation) against the Town, its agents, representatives, officials, officers and
employees for any claims arising out of the work or services of Vendor. Vendor shall
arrange to have such subrogation waivers incorporated into each policy via formal written
endorsement thereto.
H. 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 Town. Vendor shall be solely
responsible for any such deductible or self-insured retention amount.
I. Use of Subcontractors. If any work under this Agreement is
subcontracted in any way, Vendor shall execute written agreements with its
subcontractors containing the indemnification provisions set forth in this Agreement and
insurance requirements set forth herein protecting the Town and Vendor. Vendor shall be
responsible for executing any agreements with its subcontractors and obtaining
certificates of insurance verifying the insurance requirements.
J. Evidence of Insurance. Prior to commencing any work or services
under this Agreement, Vendor will provide the Town 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 Vendor'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 Town 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 this Agreement. If any of the policies required
by this Agreement expire during the life of this Agreement, it shall be Vendor's
responsibility to forward renewal certificates and declaration page(s) to the Town 30 days
prior to the expiration date. All certificates of insurance and declarations required by this
Agreement shall be identified by referencing the RFP number and title or this Agreement.
A $25.00 administrative fee shall be assessed for all certificates or declarations received
without the appropriate RFP number and title or a reference to this Agreement, as
applicable. Additionally, certificates of insurance and declaration page(s) of the
insurance policies submitted without referencing the appropriate RFP number and title or
a reference to this Agreement, as applicable, will be subject to rejection and may be
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returned or discarded. Certificates of insurance and declaration page(s) shall specifically
include the following provisions:
(1) The Town, its agents, representatives, officers, directors,
officials and employees are Additional Insureds as follows:
(a) Commercial General Liability — Under Insurance
Services Office, Inc., ("ISO") Form CG 20 10 03 97 or equivalent.
(b) Auto Liability — Under ISO Form CA 20 48 or
equivalent.
(c) Excess Liability — Follow Form to underlying
insurance.
(2) Vendor's insurance shall be primary insurance with respect
to performance of this Agreement.
(3) All policies, except for Professional Liability, including
Workers' Compensation, waive rights of recovery (subrogation) against Town, its
agents, representatives, officers, officials and employees for any claims arising
out of work or services performed by Vendor under this Agreement.
(4) ACORD certificate of insurance form 25 (2014/01) is
preferred. If ACORD certificate of insurance form 25 (2001/08) is used, the
phrases in the cancellation provision "endeavor to" and "but failure to mail such
notice shall impose no obligation or liability of any kind upon the company, its
agents or representatives" shall be deleted. Certificate forms other than ACORD
form shall have similar restrictive language deleted.
11.2 Required Insurance Coverage.
A. Commercial General Liability. Vendor shall maintain
"occurrence" form Commercial General Liability insurance with an unimpaired 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
shall cover liability arising from premises, operations, independent contractors, products-
completed operations, personal injury and advertising injury. Coverage under the policy
will be at least as broad as ISO policy form CG 00 010 93 or equivalent thereof,
including but not limited to, separation of insured's clause. To the fullest extent allowed
by law, for claims arising out of the performance of this Agreement, the Town, its agents,
representatives, officers, officials and employees shall be cited as an Additional Insured
under ISO, Commercial General Liability Additional Insured Endorsement form CG 20
10 03 97, or equivalent, which shall read "Who is an Insured (Section II) is amended to
include as an insured the person or organization shown in the Schedule, but only with
respect to liability arising out of "your work" for that insured by or for you." If any
Excess insurance is utilized to fulfill the requirements of this subsection, such Excess
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insurance shall be "follow form" equal or broader in coverage scope than underlying
insurance.
B. Vehicle Liability. Vendor shall maintain Business Automobile
Liability insurance with a limit of$1,000,000 each occurrence on Vendor's owned, hired
and non-owned vehicles assigned to or used in the performance of the Vendor's work or
services under this Agreement. Coverage will be at least as broad as ISO coverage code
"1" "any auto" policy form CA 00 01 12 93 or equivalent thereof. To the fullest extent
allowed by law, for claims arising out of the performance of this Agreement, the Town,
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 20 48 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.
C. Professional Liability. If this Agreement is the subject of any
professional services or work, or if the Vendor engages in any professional services or
work in any way related to performing the work under this Agreement, the Vendor shall
maintain Professional Liability insurance covering negligent errors and omissions arising
out of the Services performed by the Vendor, or anyone employed by the Vendor, or
anyone for whose negligent acts, mistakes, errors and omissions the Vendor is legally
liable, with an unimpaired liability insurance limit of $2,000,000 each claim and
$2,000,000 annual aggregate.
D. Workers' Compensation Insurance. Vendor shall maintain
Workers' Compensation insurance to cover obligations imposed by federal and state
statutes having jurisdiction over Vendor'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.
11.3 Cancellation and Expiration Notice. Insurance required herein shall not
expire,be canceled, or be materially changed without 30 days' prior written notice to the Town.
12. Termination; Cancellation.
12.1 For Town's Convenience. This Agreement is for the convenience of the
Town and, as such, may be terminated without cause after receipt by Vendor of written notice by
the Town. Upon termination for convenience, Vendor shall be paid for all undisputed services
performed to the termination date.
12.2 For Cause. If either party fails to perform any obligation pursuant to this
Agreement and such party fails to cure its nonperformance within 30 days after notice of
nonperformance is given by the non-defaulting party, such party will be in default. In the event
of such default, the non-defaulting party may terminate this Agreement immediately for cause
and will have all remedies that are available to it at law or in equity including, without limitation,
the remedy of specific performance. If the nature of the defaulting party's nonperformance is
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such that it cannot reasonably be cured within 30 days, then the defaulting party will have such
additional periods of time as may be reasonably necessary under the circumstances, provided the
defaulting party immediately (A) provides written notice to the non-defaulting party and (B)
commences to cure its nonperformance and thereafter diligently continues to completion the cure
of its nonperformance. In no event shall any such cure period exceed 90 days. In the event of
such termination for cause, payment shall be made by the Town to the Vendor for the undisputed
portion of its fee due as of the termination date.
12.3 Due to Work Stoppage. This Agreement may be terminated by the Town
upon 30 days' written notice to Vendor in the event that the Services are permanently
abandoned. In the event of such termination due to work stoppage, payment shall be made by
the Town to the Vendor for the undisputed portion of its fee due as of the termination date.
12.4 Conflict of Interest. This Agreement is subject to the provisions of ARIz.
REv. STAT. § 38-511. The Town may cancel this Agreement without penalty or further
obligations by the Town or any of its departments or agencies if any person significantly
involved in initiating, negotiating, securing, drafting or creating this Agreement on behalf of the
Town or any of its departments or agencies is, at any time while this Agreement or any extension
of this Agreement is in effect, an employee of any other party to this Agreement in any capacity
or a Vendor to any other party of this Agreement with respect to the subject matter of this
Agreement.
12.5 Gratuities. The Town may, by written notice to the Vendor, cancel this
Agreement if it is found by the Town that gratuities, in the form of economic opportunity, future
employment, entertainment, gifts or otherwise, were offered or given by the Vendor or any agent
or representative of the Vendor to any officer, agent or employee of the Town for the purpose of
securing this Agreement. In the event this Agreement is canceled by the Town pursuant to this
provision, the Town shall be entitled, in addition to any other rights and remedies, to recover and
withhold from the Vendor an amount equal to 150% of the gratuity.
12.6 Agreement Subject to Appropriation. This Agreement is subject to the
provisions of ARIZ. CONST. ART. IX, § 5 and ARIz. REv. STAT. § 42-17106. The provisions of
this Agreement for payment of funds by the Town shall be effective when funds are appropriated
for purposes of this Agreement and are actually available for payment. The Town shall be the
sole judge and authority in determining the availability of funds under this Agreement and the
Town shall keep the Vendor fully informed as to the availability of funds for this Agreement.
The obligation of the Town to make any payment pursuant to this Agreement is a current
expense of the Town, payable exclusively from such annual appropriations, and is not a general
obligation or indebtedness of the Town. If the Town 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 then-current fiscal year and the Town
and the Vendor shall be relieved of any subsequent obligation under this Agreement.
13. Miscellaneous.
13.1 Independent Contractor. It is clearly understood that each party will act in
its individual capacity and not as an agent, employee, partner,joint venturer, or associate of the
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other. An employee or agent of one party shall not be deemed or construed to be the employee
or agent of the other for any purpose whatsoever. The Vendor acknowledges and agrees that the
Services provided under this Agreement are being provided as an independent contractor, not as
an employee or agent of the Town. Vendor, its employees and subcontractors are not entitled to
workers' compensation benefits from the Town. The Town does not have the authority to
supervise or control the actual work of Vendor, its employees or subcontractors. The Vendor,
and not the Town, shall determine the time of its performance of the services provided under this
Agreement so long as Vendor meets the requirements of its agreed Scope of Work as set forth in
Section 2 above and Exhibit B. Vendor is neither prohibited from entering into other contracts
nor prohibited from practicing its profession elsewhere. Town and Vendor do not intend to nor
will they combine business operations under this Agreement.
13.2 Applicable Law; Venue. 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
Maricopa County, Arizona.
13.3 Laws and Regulations. Vendor shall keep fully informed and shall at all
times during the performance of its duties under this Agreement ensure that it and any person for
whom the Vendor is responsible abides by, and remains in compliance with, all rules,
regulations, ordinances, statutes or laws affecting the Services, including, but not limited to, the
following: (A) existing and future Town and County ordinances and regulations; (B) existing and
future State and Federal laws; and (C) existing and future Occupational Safety and Health
Administration standards.
13.4 Amendments. This Agreement may be modified only by a written
amendment signed by persons duly authorized to enter into contracts on behalf of the Town and
the Vendor.
13.5 Provisions Required by Law. Each and every provision of law and any
clause required by law to be in this Agreement will be read and enforced as though it were
included herein and, if through mistake or otherwise any such provision is not inserted, or is not
correctly inserted, then upon the application of either party, this Agreement will promptly be
physically amended to make such insertion or correction.
13.6 Severability. The provisions of this Agreement are severable to the extent
that any provision or application held to be invalid by a Court of competent jurisdiction shall not
affect any other provision or application of this Agreement which may remain in effect without
the invalid provision or application.
13.7 Entire Agreement; Interpretation; Parol Evidence. This Agreement
represents the entire agreement of the parties with respect to its subject matter, and all previous
agreements, whether oral or written, entered into prior to this Agreement are hereby revoked and
superseded by this Agreement. No representations, warranties, inducements or oral agreements
have been made by any of the parties except as expressly set forth herein, or in any other
contemporaneous written agreement executed for the purposes of carrying out the provisions of
this Agreement. This Agreement shall be construed and interpreted according to its plain
meaning, and no presumption shall be deemed to apply in favor of, or against the party drafting
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this Agreement. The parties acknowledge and agree that each has had the opportunity to seek
and utilize legal counsel in the drafting of, review of, and entry into this Agreement.
13.8 Assignment; Delegation. No right or interest in this Agreement shall be
assigned or delegated by Vendor without prior, written permission of the Town, signed by the
Town Manager. Any attempted assignment or delegation by Vendor in violation of this
provision shall be a breach of this Agreement by Vendor.
13.9 Subcontracts. No subcontract shall be entered into by the Vendor with
any other party to furnish any of the material or services specified herein without the prior
written approval of the Town. The Vendor is responsible for performance under this Agreement
whether or not subcontractors are used. Failure to pay subcontractors in a timely manner
pursuant to any subcontract shall be a material breach of this Agreement by Vendor.
13.10 Rights and Remedies. No provision in this Agreement shall be construed,
expressly or by implication, as waiver by the Town of any existing or future right and/or remedy
available by law in the event of any claim of default or breach of this Agreement. The failure of
the Town to insist upon the strict performance of any term or condition of this Agreement or to
exercise or delay the exercise of any right or remedy provided in this Agreement, or by law, or
the Town's acceptance of and payment for services, shall not release the Vendor from any
responsibilities or obligations imposed by this Agreement or by law, and shall not be deemed a
waiver of any right of the Town to insist upon the strict performance of this Agreement.
13.11 Attorneys' Fees. In the event either party brings any action for any relief,
declaratory or otherwise, arising out of this Agreement or on account of any breach or default
hereof, the prevailing party shall be entitled to receive from the other party reasonable attorneys'
fees and reasonable costs and expenses, determined by the court sitting without a jury, which
shall be deemed to have accrued on the commencement of such action and shall be enforced
whether or not such action is prosecuted through judgment.
13.12 Liens. All materials or services shall be free of all liens and, if the Town
requests, a formal release of all liens shall be delivered to the Town.
13.13 Offset.
A. Offset for Damages. In addition to all other remedies at law or
equity, the Town may offset from any money due to the Vendor any amounts Vendor
owes to the Town for damages resulting from breach or deficiencies in performance or
breach of any obligation under this Agreement.
B. Offset for Delinquent Fees or Taxes. The Town may offset from
any money due to the Vendor any amounts Vendor owes to the Town for delinquent fees,
transaction privilege taxes and property taxes, including any interest or penalties.
13.14 Notices and Requests. Any notice or other communication required or
permitted to be given under this Agreement shall be in writing and shall be deemed to have been
duly given if(A) delivered to the party at the address set forth below, (B) deposited in the U.S.
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Mail, registered or certified, return receipt requested, to the address set forth below or (C) given
to a recognized and reputable overnight delivery service, to the address set forth below:
If to the Town: Town of Fountain Hills
16705 East Avenue of the Fountains
Fountain Hills, Arizona 85268
Attn: Grady E. Miller, Town Manager
With copy to: Pierce Coleman PLLC
4711 East Falcon Drive, Suite 111
Mesa, Arizona 85215
Attn: Aaron D. Arnson, Town Attorney
If to Vendor: J. Yates Enterprise, LLC
16442 East Trevino Drive
Fountain Hills, Arizona 85268
Attn: Judy L. Yates, Member
or at such other address, and to the attention of such other person or officer, as any party may
designate in writing by notice duly given pursuant to this subsection. Notices shall be deemed
received (A) when delivered to the party, (B) three business days after being placed in the U.S.
Mail, properly addressed, with sufficient postage or (C) the following business day after being
given to a recognized overnight delivery service, with the person giving the notice paying all
required charges and instructing the delivery service to deliver on the following business day. If
a copy of a notice is also given to a party's counsel or other recipient, the provisions above
governing the date on which a notice is deemed to have been received by a party shall mean and
refer to the date on which the party, and not its counsel or other recipient to which a copy of the
notice may be sent, is deemed to have received the notice.
13.15 Confidentiality of Records. The Vendor shall establish and maintain
procedures and controls that are acceptable to the Town for the purpose of ensuring that
information contained in its records or obtained from the Town or from others in carrying out its
obligations under this Agreement shall not be used or disclosed by it, its agents, officers, or
employees, except as required to perform Vendor's duties under this Agreement. Persons
requesting such information should be referred to the Town. Vendor also agrees that any
information pertaining to individual persons shall not be divulged other than to employees or
officers of Vendor as needed for the performance of duties under this Agreement.
13.16 Records and Audit Rights. To ensure that the Vendor and its
subcontractors are complying with the warranty under subsection 13.17 below, Vendor's and its
subcontractor's books, records, correspondence, accounting procedures and practices, and any
other supporting evidence relating to this Agreement, including the papers of any Vendor and its
subcontractors' employees who perform any work or services pursuant to this Agreement (all of
the foregoing hereinafter referred to as "Records"), shall be open to inspection and subject to
audit and/or reproduction during normal working hours by the Town, to the extent necessary to
adequately permit (A) evaluation and verification of any invoices, payments or claims based on
Vendor's and its subcontractors' actual costs (including direct and indirect costs and overhead
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allocations) incurred, or units expended directly in the performance of work under this
Agreement and (B) evaluation of the Vendor's and its subcontractors' compliance with the
Arizona employer sanctions laws referenced in subsection 13.17 below. To the extent necessary
for the Town to audit Records as set forth in this subsection, Vendor and its subcontractors
hereby waive any rights to keep such Records confidential. For the purpose of evaluating or
verifying such actual or claimed costs or units expended, the Town shall have access to said
Records, even if located at its subcontractors' facilities, from the effective date of this Agreement
for the duration of the work and until three years after the date of final payment by the Town to
Vendor pursuant to this Agreement. Vendor and its subcontractors shall provide the Town with
adequate and appropriate workspace so that the Town can conduct audits in compliance with the
provisions of this subsection. The Town shall give Vendor or its subcontractors reasonable
advance notice of intended audits. Vendor shall require its subcontractors to comply with the
provisions of this subsection by insertion of the requirements hereof in any subcontract pursuant
to this Agreement.
13.17 E-verify Requirements. To the extent applicable under ARIz. REV. STAT.
§ 41-4401, the Vendor and its subcontractors warrant compliance with all federal immigration
laws and regulations that relate to their employees and their compliance with the E-verify
requirements under ARIz. REV. STAT. § 23-214(A). Vendor's or its subcontractors' failure to
comply with such warranty shall be deemed a material breach of this Agreement and may result
in the termination of this Agreement by the Town.
13.18 Israel. Vendor certifies that it is not currently engaged in, and agrees for
the duration of this Agreement that it will not engage in a "boycott," as that term is defined in
ARIz.REV. STAT. § 35-393, of Israel.
13.19 Conflicting Terms. In the event of any inconsistency, conflict or
ambiguity among the terms of this Agreement, the Scope of Work, any Town-approved Purchase
Order, the Fee Proposal, the RFP and the Vendor's Proposal, the documents shall govern in the
order listed herein.
13.20 Non-Exclusive Contract. This Agreement is entered into with the
understanding and agreement that it is for the sole convenience of the Town. The Town reserves
the right to obtain like goods and services from another source when necessary.
13.21 Cooperative Purchasing. Specific eligible political subdivisions and
nonprofit educational or public health institutions ("Eligible Procurement Unit(s)") are permitted
to utilize procurement agreements developed by the Town, at their discretion and with the
agreement of the awarded Vendor. Vendor may, at its sole discretion, accept orders from
Eligible Procurement Unit(s) for the purchase of the Materials and/or Services at the prices and
under the terms and conditions of this Agreement, in such quantities and configurations as may
be agreed upon between the parties. All cooperative procurements under this Agreement shall be
transacted solely between the requesting Eligible Procurement Unit and Vendor. Payment for
such purchases will be the sole responsibility of the Eligible Procurement Unit. The exercise of
any rights, responsibilities or remedies by the Eligible Procurement Unit shall be the exclusive
obligation of such unit. The Town assumes no responsibility for payment, performance or any
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liability or obligation associated with any cooperative procurement under this Agreement. The
Town shall not be responsible for any disputes arising out of transactions made by others.
[SIGNATURES ON FOLLOWING PAGES]
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(ACKNOWLEDGMENT)
STATE OF ARIZONA )
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On / 6 -, 2018, before me personally appeared Vt.d • (*des
, the OW ne r - of J S -(-er rim
a(n) ). LC_ - , whose identity was proven to me on the basis of
satisfactory evidence to be the person who he/she claims to be, and acknowledged that he/she
signed the above document on behalf of the 3 H ate S E r`pr ses,
dam, RHONDA M. BRENNEMAN
Notary Public-State of Arizona
tt N• MARICOPA COUNTY
�o�. • My Commission Expires June 30,2019 Notary Public
(Affix notary seal here)
4841-5617-6504 v.2
14
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date
and year first set forth above.
"Town"
TOWN OF FOUNTAIN HILLS,
an Arizona municipal corporation
.-)A4:Att."
Grady E. Mi er, To n Manager
ATTEST:
i
lizabet Burke, Town 1
APPROVED AS TO FORM:
n . Arnson, Town Attorney
(ACKNOWLEDGMENT)
STATE OF ARIZONA ) ,
) ss.
COUNTY OF MARICOPA )
On)71,15130 jib , 2018, before me personally appeared Grady E. Miller, the
Town Manager of the TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation, whose
identity was proven to me on the basis of satisfactory evidence to be the person who he claims to
be, and acknowledged that he signed the above document, on behalf of the Town of Fountain
Hills.
o,t�9T��r RHONDA M. BRENNEMAN
Notary Public-State of Arizona?tC1d r MARICOPA COUNTY . U
d. My Commission Expires June 30,2019 Notary Public
(Affix notary seal here)
[SIGNATURES CONTINUE ON FOLLOWING PAGE]
13
SCOPE OF WORK
C2019-09
Art and Craft Market
1. Art and Craft Market will be held every Thursday between the months of October and
April, with the exception of dates that conflict with currently scheduled events or
programs, including but not limited to, the second Thursday in November, Thanksgiving,
and the last Thursday in February.
2. Products within the Art and Craft Market may include any art or craft materials.
3. Items that are not permitted for sale within the Art and Craft Market include: food, non-
food value-added items such as soap, candles, cosmetics and household items. Vendors
are only permitted to sell items within their approved category/categories.
4. All vendors shall allow The Town of Fountain Hills to inspect their booth at any time,
with or without notice, so as to maintain the integrity of the market.
5. Market organizer must provide a list of all vendors and their Fountain Hills business
license numbers along with expiration dates to the Town prior to the start of the Market.
This listing must be kept up-to-date throughout the market season.
6. The Art and Craft Market will be held on Thursdays during the months of October —
April from 11:00 am— 5:00 pm. Vendors will have 1.5 hours prior to start time to set up
and 1.5 hours after the close of the market to break down their booths. The event areas is
not to be occupied by vendors before the allotted times.
7. Vendors are not permitted to park on the Avenue of the Fountains. The parking along the
Avenue of the Fountains is for visitors of the market, local businesses, and surrounding
amenities.
8. There is no clean up service provided, so please leave the park as you found it.
9. Staking in the park is not permitted; tents and tables must be held down with weights.
10. Advertising of the Art and Craft Market can be in the form of signs; the market organizer
must provide the Town with a signage map and description of the signs themselves. Signs
are only allowed to be installed during the event hours.
11. The Town of Fountain Hills will support the Art and Craft Market by allowing
advertising within park kiosks, online via Facebook and the town website, as well as in
the "In the Loop" magazine.
12. The Art and Craft Market will have access to power along the Avenue as well as limited
water access.
13. Organizer of the market will provide the Town with a copy of the vendor contract that is
issued to all vendors within the market.
4841-5617-6504,v.2
EXHIBIT B
TO
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
J. YATES ENTERPRISE, LLC
[Scope of Work]
See following page(s).
ARIZONA CORPORATION COMMISSION
September 25, 2013
JUDI L YATES
16858 AVE OF THE FOUNTAINS
STE 103
FOUNTAIN HILLS, AZ 85268
RE: J. YATES ENTERPRISE, LLC
File Number: L18657800
We are pleased to notify you that the Articles of Organization for the above-
referenced entity HAVE BEEN APPROVED.
You must publish a Notice of the filing of your Articles of Organization or,
alternatively, you may publish the Articles of Organization in their entirety.
For your convenience. we have provided a Notice form that you can complete and
submit to the newspaper of your choice. The publication must be in a newspaper
of general circulation in the county of the known place of business in Arizona
for three consecutive publications. Publication must be completed WITHIN 60 DAYS
after September 25, 2013, which is the date the document was approved for filing
by the Commission. A list of acceptable newspapers is available on the Commission
website. www.azcc.gov/Divisions/Corporations.
The limited liability company may be subject to administrative dissolution if it
fails to publish. You will receive an Affidavit of Publication from the newspaper,
and you may file it with the Commission.
We strongly recommend that you periodically monitor your company's record with the
Commission, which can be viewed at www.azcc.gov/Divisums/Corporations. If you have
questions or need further information, please contact us at(602) 542-3026 in
Phoenix. or Toll Free (Arizona Residents only) at 1-800-345-5819.
LL:1 3
REV. 01/2009
1300 WEST WASHINGTON.PHOENIX.ARIZONA 05007.29291400 WEST CONGRESS STREET,TUCSON,ARIZONA 05701-1347
www.cc.aate.es.ue-602-542-3135
Judi L. Ya to k
16442 E.Trevino ' main Hills AZ 85268 W. 480-837-6645 C:480-252-1536
Summar,'
1 have managem ,erience and exceptional people skills. Versed in organization and problem solving. I
have ahvays dew challenging role in management.
Skills
• Opera management • Excellent communication
• Excel 4 romoting
• Ti nagement skills
Experience;
09/1994 to09/2018
Owner and operated Designs by Judi Yates — Fountain Hills,AZ
• Design and created jewelry
▪ Participated in 26 art shows a year
• Serviced 40 wholesale accounts
• Met with commission clients to discuss artistic preferences and ideas.
10/2003 to 07/2008
Owner and manager Yates Gallery — Fountain Hills,AZ
• Received and processed cash and credit payments for in-store purchases.
• Maintained friendly and professional customer interactions.
• Oversaw all daily operations.
• Demonstrated that customers conic first by serving them with a sense of urgency.
• Recruited,hired,developed and retained retail talent for the company.
08/2008 to 05/2016
Board Member and Treasure Fountain Hills Artists Gallery — Fountain Hills,AZ
• Payables monthly
• Assisted the CFO with the production of the monthly financials, management reports and board
packages.
• Prepared month end closing entries for detailed reporting and recordkeeping.
• Executed accounts receivable reporting enhancements and reconciliation procedures.
• Assist in operations of gallery
06/2012 to 07/2013
Board Member, Co-manager and Treasure On the Edge Gallery -- Scottsdale,AZ
• Oversaw performance and quality of service for employees when performing as manager on duty.
• Streamlined monthly closing operations to increase efficiency.
• Prepared month end closing entries for detailed reporting and recordkeeping.
• Completed administrative tasks such as recordkceping,writing correspondence and gathering materials.
2009-Present Event manager for Art on the Avenue
Education and Training
Oakland University — Rochester, MI, United States 1968-1970
TOWN OF FOUNTAIN HILLS
SECTION A COMMUNITY SERVICES DEPARTMENT
IV, VENDOR INFORMATION FORM
By submitting a Proposal, the submitting Vendor certifies that it has reviewed the administrative
information and draft of the Professional Sen ices Agreements terms and conditions and, if
awarded the Agreement, agrees to be bound thereto.
VENDOR SUBMITTING PROPOSAL FEDERAL TAX ID NUMBER
%nth eh/e.5 Deoher ...jfez4)PRINTIDME AND TITLE AUT OR1LLD SIGNA RE
/G ? �= 7,61,MD 12r• - a752- /63 t%
ADDRESS TELEPHONE ONE FAX If
CITY S'FATL ZIP DATE
WEB SITE: _ E-MAIL ADDRESS; L4Jiy440. e ha
SMALL, MINORITY, DISADVANTAGED AND WOMEN-OWNED BUSINESS
ENTERPRISES (check appropriate item(s):
Small Business Enterprise(SBE)
Minority Business Enterprise(MRE)
Disadvantaged Business Enterprise(DBE)
/ Women-Owned Business Enterprise(WBE)
Has the Vendor been certified by any jurisdiction in Arizona as a minority or woman-owned
business enterprise?
If yes,please provide details and documentation of the certification.
A-In
The Event Manger,Judi Yates,proposes a payment of$93.75 for her portion of the weekly events
(Farmer's Market organizer to also pay their portion of$93.75),
Fees for artists will be as follows:
Fountain Hills resident-$15.00 per week if paid in advance monthly,otherwise weekly rate will be
$20.00.
Non-Fountain Hills resident-$25.00 per week if paid in advance monthly,otherwise weekly rate will be
$30.00.
Fountain Hills non-profit organization will not be charged
• Judi Yates, Event Manager,will provide a list of all vendors and their Fountain Hills business
license numbers along with expiration dates to the Town prior to the start of the Market.This
listing will be kept up-to-date throughout the market season.
• Art on the Avenue will be held on Thursdays during the months of October—April from 11:00
am—5:00 pm. Artists will have 1.5 hours prior to start time to set up and 1.5 hours after the close
of the event to break down their booths.The event areas will not to be occupied by artists before
the allotted times.
• Artists will not be permitted to park on the Avenue of the Fountains.The parking along the
Avenue of the Fountains will be for visitors of Art on the Avenue, local businesses,and
surrounding amenities.
• The park area used for Art on the Avenue will be returned to its original condition at the end of
the event each week.
• Tents and tables will be held down with weights and no stakes will be utilized.
• Advertising of the Art on the Avenue will be in the form of signs;the Event Manager will provide
the Town with a signage map and description of the signs themselves,which will only be
installed during the event hours.
• The Town of Fountain Hills will support the Art on the Avenue by allowing advertising within
park kiosks,online via Facebook and the town website, as well as in the"In the Loop"magazine.
• Art on the Avenue will utilize to power along the Avenue as well as limited water usage.
• Judi Yates, Event Manager,will provide the Town with a copy of the artist contract that is issued
to all artists
The Event Manager will also send applications to returning artists and release her own invitation
(Call to Artists)to potential artists. She will then "jury' the artists to ensure a wide variety of
artists are on-site each Thursday to help ensure community interest. Once an artist is accepted
into the event, Judi will send out acceptance letters, documents with rules and an insurance
waiver. Judi will send weekly emails to the artists reminding them of event policies and updated
layout of show. As the Event Manager, Judi will be on site every Thursday at 8:30 AM- show
closure and clean-up to ensure all artists are following regulations of the event.
(2) Describe any alternate approaches if it is believed that such an approach would
best suit the needs of the Town.Include rationale for alternate approaches and indicate
how the Vendor will ensure that all efforts are coordinated with the Town's
Representatives.
Not applicable.
E. Pricing-20 pts.
Vendor shall submit the same number of copies of the Fee Proposal as described in
Subsection 1.2(F) (Pricing)with the Vendor's Proposal,with the signature of the
representative of the Vendor who is authorized to make such an offer. The Fee Proposal
must include what the Master Vendor(Organizer) is going to pay the Town to hold the
Market from October through April. The payment to the Town can be displayed as a
percentage of the vendor space fees or a flat fee to be paid.The Fee Proposal must also
include what the Master Vendor is going to charge for the vendor spaces in the Market.
(1)Identify each key personnel member that will render services to the Town
including title and relevant experience required, including the proposed project manager
and project staff.
Judi Yates will act as Art on the Avenue Event Manager. Judi has held this position for the last eight
years.
(2)Indicate the roles and responsibilities of each key position.Include senior
members of the Vendor only from the perspective of what their role will be in providing
services to the Town.
As Event Manager,Judi Yates will responsible for the weekly operations of Art on the Avenue including:
ensuring artists are scheduled each week,artists set up and take down their displays per city regulations
and troubleshooting any issues that may come on weekly.
(3)If a subcontractor will be used for all work of a certain type, include information
on this subcontractor. A detailed plan for providing supervision must be included.
Not Applicable.
(4)Attach a resume and evidence of certification, if any, for each key personnel
member and/or subcontractor to be involved in this project. Resumes should be attached
together as a single appendix at the end of the Proposal and will not count toward the
Proposal page limit. However, each resume shall not exceed two pages in length.
Please sec attached.
D. Project Approach -30 pts.
(1) Describe the Vendor's approach to performing the required Services in the
Scope of Work described in the Professional Services Agreement in Exhibit B,and its
approach to contract management, including its perspective and experience on partnering,
customer service, quality control, scheduling and staff.
Art on the Avenue will be provided as follows per RFP Scope of Work conditions:
• Art on the Avenue will be held every Thursday between the months of October and April,
with the exception of dates that conflict with currently scheduled events or programs,
including but not limited to,the second Thursday in November, Thanksgiving, and the
last Thursday in February.
• Products within the Art and Craft Market may include any art or craft materials. Items
that will not be sold will include: food, non-food value-added items such as soap,
candles, cosmetics and household items.
• All vendors shall allow The Town of Fountain Hills to inspect their booth at any time,
with or without notice, so as to maintain the integrity of the market.
(2) Vendor must demonstrate successful completion of at least two similar projects
within the past 5 years. For the purpose of this Solicitation, "successful completion" means
completion of a project within the established schedule and budget and"similar projects"
resemble this project in size, nature and scope.Provide a list of at least three organizations
for which you successfully completed a similar project. This list shall include, at a
minimum, the following information:
(a) Name of company or organization.
The Health Management Academy
(b) Contact name.
Judy Massey, Event Director
(c) Contact address,telephone number and e-mail address.
515 Wythe St.
Alexandria,Va. 22314
512-619-6410
judv(>,hmacadcmv.com
(d) Type of services provided.
For the last ten years,Judi has provided jewelry making workshops for spouses who are attending
medical conferences around the country with their husbands.
Judi also provides an art show for these conferences. Provides artists and manages the event.
(e) Dates of contract initiation and expiration.
Ongoing
These references will be checked, and it is Vendor's responsibility to ensure that all
information is accurate and current. Vendor authorizes the Town's representative to verify
all information from these references and releases all those concerned from any liability in
connection with the information they provide. Inability of the Town to verify references
shall result in the Proposal being considered non-responsive.
(3) The Town's representative may conduct any investigation deemed necessary to
determine the Vendor's ability to perform the project. Vendors may be requested to submit
additional documentation within 72 hours (or as specified) to assist the Town in its
evaluation.
C.Key Positions- 5pts.
J. Yates Enterprises has not had any terminated contracts since its inception. However,the most resent
permit to operate Art on the Avenue expired on April 2018 resulting in the completion of this RFP. A
new permit was issued on September 6,2018 to resume Art on the Avenue operation in October 2018
while this RFP is being considered.
(6) Identify any claims arising from a contract which resulted in litigation or
arbitration within the last five years. Briefly describe the circumstances and the outcome.
Not applicable.
(7) Vendor Information Form (may be attached as separate appendix).
Please see attached,
B. Experience and Qualifications of the Vendor-30 pts.
(I) Provide a detailed description of the Vendor's experience in providing similar
services to municipalities or other entities of a similar size to the Town,specifically relating
experience with respect to the provision of an Art and Craft Market.
In September 2009,Judi Yates approached Mayor Schlum and current council members with the idea to
start a weekly art show in downtown Fountain Hills. Judi brought the idea of this event to the major and
town council as she felt it would create much needed foot traffic to downtown Fountain Hills during the
week as this was historically a slow time for local businesses.
Judi worked with the Town of Fountain Hills staff on this project for 3 months. The event started in
January 2010. It started small with 15 artists and over the course of eight years,has grown to over 50
artists. The event has now become a well-known event in the valley. Many attendees return regularly
and report that they love bringing their family and friends to Art on the Avenue,especially since there arc
new artists and a Farmer's Market. Local retail businesses and restaurants have consistently reported that
when Art on the Avenue is being help,those Thursday's arc their busiest and most lucrative day of the
week.
Another focus for Judi was to have an opportunity to support and promote local artists. Many of the
artists have been with the event since the beginning. Judi wanted an event where artists who don't
participate in large art shows had an affordable,beautiful place to exhibit their work. The show has a
great reputation though out the art community which has resulted in Judi consistently getting requests
from new artists to be a part of the event.
A. General Information - 15 pts.
(1)One-page cover letter as described in Subsection 1.2(C)(Required
Submittal).
Please see attached Cover Letter
(2) Provide Vendor identification information. Explain the Vendor's legal
organization including the legal name, address, identification number and legal form of the
Vendor(e.g., partnership, corporation,joint venture, limited liability company,sole
proprietorship). If a joint venture, identify the members of the joint venture and provide
all of the information required under this section for each member. If a limited liability
company, provide the name of the member or members authorized to act on the company's
behalf. If the Vendor is a wholly owned subsidiary of another company, identify the parent
company. If the corporation is a nonprofit corporation, provide nonprofit documentation.
Provide the name, address and telephone number of the person to contact concerning the
Proposal.
Proposed vendor identification information is as follows:
J. Enterprise, LLC
L-1865780-0
Judi L.Yates-authorized member
16442 E.Trevino Drive F.H., Az. 85268
480-837-6645-Office
480252-1536-Cell
(3) Identify the location of the Vendor's principal office and the local work office, if
different. Include any documentation that supports the Vendor's authority to provide
services in Arizona.
Local work office same as address listed in previous section.
(4) Provide a general description of the Vendor's organization, including years in
business.
J.Yates Enterprises has been in operation for 24 years.During this time,owner Judi 1.Yates has managed
and/or participated in several art shows selling her jewelry throughout the state of Arizona, including
several out-of-state locations to include New Mexico, Colorado, Michigan, Florida and California,
(5)Identify any contract or subcontract held by the Vendor or officers of the
Vendor that have been terminated within the last five years. Briefly describe the
circumstances and the outcome.
J. Enterprise, LLC.
September 9, 2018
Town of Fountain Hills
Town Clerk
16705 East Avenue of the Fountains
Fountain Hills, AZ. 85268
RE: RFP Art and Craft Market (C2019-09)
Dear Town Clerk:
I wish to take this opportunity to submit the enclosed response to the Art and Craft Market Request for
Proposal dated August 21, 2018.
I have an extensive background in art show implementation and management and strong
qualifications and experience in managing the Art on the Avenue event for the past eight years. I also
have an excellent reputation in the art community for having run this successful event.
I wish to continue to manage the Art on the Avenue event and look forward to it continuing to be a
point of pride for the Town of Fountain Hills. I have appreciated the support from the Town in the past
eight years and hope to continue our relationship.
I have attached my response to the RFP including all required attachments. if you have any
additional questions or would like more information I can be reached as follows:
16442 East Trevino Dr
Fountain Hills, AZ 85268
480-837-6645
judiyates@cox net
I look forward to hearing from you'
Sincerely,
.•G 'G/1 • ce 1
Judi L. Yates
Art on the Avenue Event Manager
Enc
EXHIBIT A
TO
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
J. YATES ENTERPRISE, LLC
[Vendor's Proposal]
See following pages.
J. Enterprise, .L.
September 9, 2018
Town of Fountain Hills
Town Clerk
16705 East Avenue of the Fountains
Fountain Hills, AZ. 85268
RE: RFP Art and Craft Market (C2019-09)
Dear Town Clerk:
I wish to take this opportunity to submit the enclosed response to the Art and Craft Market Request for
Proposal dated August 21, 2018.
I have an extensive background in art show implementation and management and strong
qualifications and experience in managing the Art on the Avenue event for the past eight years. I also
have an excellent reputation in the art community for having run this successful event.
I wish to continue to manage the Art on the Avenue event and look forward to it continuing to be a
point of pride for the Town of Fountain Hills. I have appreciated the support from the Town in the past
eight years and hope to continue our relationship.
I have attached my response to the RFP including all required attachments. If you have any
additional questions or would like more information, ! can be reached as follows:
16442 East Trevino Dr.
Fountain Hills, AZ 85268
480-83 7-6645
judiyates!a cox,net
I look forward to hearing from you!
Sincerely,
/A./44G
Judi L. Yates
Art on the Avenue Event Manager
Enc
A. General Information - 15 pts.
(1) One-page cover letter as described in Subsection 1.2(C) (Required
Submittal).
Please see attached Cover Letter
(2) Provide Vendor identification information. Explain the Vendor's legal
organization including the legal name, address, identification number and legal form of the
Vendor(e.g., partnership, corporation,joint venture, limited liability company, sole
proprietorship). If a joint venture, identify the members of the joint venture and provide
all of the information required under this section for each member. If a limited liability
company, provide the name of the member or members authorized to act on the company's
behalf. If the Vendor is a wholly owned subsidiary of another company, identify the parent
company. If the corporation is a nonprofit corporation, provide nonprofit documentation.
Provide the name, address and telephone number of the person to contact concerning the
Proposal.
Proposed vendor identification information is as follows:
J. Enterprise, LLC
L-1865780-0
Judi L. Yates-authorized member
16442 E. Trevino Drive F.H., Az. 85268
480-837-6645-Office
480252-1536-Cell
(3) Identify the location of the Vendor's principal office and the local work office, if
different. Include any documentation that supports the Vendor's authority to provide
services in Arizona.
Local work office same as address listed in previous section.
(4) Provide a general description of the Vendor's organization, including years in
business.
J. Yates Enterprises has been in operation for 24 years. During this time, owner Judi 1. Yates has managed
and/or participated in several art shows selling her jewelry throughout the state of Arizona, including
several out-of-state locations to include New Mexico, Colorado. Michigan. Florida and California.
(5) Identify any contract or subcontract held by the Vendor or officers of the
Vendor that have been terminated within the last five years. Briefly describe the
circumstances and the outcome.
•
J. Yates Enterprises has not had any terminated contracts since its inception. However,the most resent
permit to operate Art on the Avenue expired on April 2018 resulting in the completion of this RFP. A
new permit was issued on September 6, 2018 to resume Art on the Avenue operation in October 2018
while this RFP is being considered.
(6) Identify any claims arising from a contract which resulted in litigation or
arbitration within the last five years. Briefly describe the circumstances and the outcome.
Not applicable.
(7) Vendor Information Form (may be attached as separate appendix).
Please see attached.
B. Experience and Qualifications of the Vendor- 30 pts.
(1) Provide a detailed description of the Vendor's experience in providing similar
services to municipalities or other entities of a similar size to the Town, specifically relating
experience with respect to the provision of an Art and Craft Market.
In September 2009,Judi Yates approached Mayor Schlum and current council members with the idea to
start a weekly art show in downtown Fountain Hills. Judi brought the idea of this event to the major and
town council as she felt it would create much needed foot traffic to downtown Fountain Hills during the
week as this was historically a slow time for local businesses.
Judi worked with the Town of Fountain Hills staff on this project for 3 months. The event started in
January 2010. It started small with 15 artists and over the course of eight years, has grown to over 50
artists. The event has now become a well-known event in the valley. Many attendees return regularly
and report that they love bringing their family and friends to Art on the Avenue, especially since there are
new artists and a Farmer's Market. Local retail businesses and restaurants have consistently reported that
when Art on the Avenue is being help,those Thursday's are their busiest and most lucrative day of the
week.
Another focus for Judi was to have an opportunity to support and promote local artists. Many of the
artists have been with the event since the beginning. Judi wanted an event where artists who don't
participate in large art shows had an affordable, beautiful place to exhibit their work. The show has a
great reputation though out the art community which has resulted in Judi consistently getting requests
from new artists to be a part of the event.
(2) Vendor must demonstrate successful completion of at least two similar projects
within the past 5 years. For the purpose of this Solicitation, "successful completion" means
completion of a project within the established schedule and budget and "similar projects"
resemble this project in size, nature and scope. Provide a list of at least three organizations
for which you successfully completed a similar project. This list shall include, at a
minimum, the following information:
(a) Name of company or organization.
The Health Management Academy
(b) Contact name.
Judy Massey, Event Director
(c) Contact address, telephone number and e-mail address.
515 Wythe St.
Alexandria, Va. 22314
512-619-6410
judv;ahmacademv.com
(d) Type of services provided.
For the last ten years, Judi has provided jewelry making workshops for spouses who are attending
medical conferences around the country with their husbands.
Judi also provides an art show for these conferences. Provides artists and manages the event.
(e) Dates of contract initiation and expiration.
Ongoing
These references will be checked, and it is Vendor's responsibility to ensure that all
information is accurate and current. Vendor authorizes the Town's representative to verify
all information from these references and releases all those concerned from any liability in
connection with the information they provide. Inability of the Town to verify references
shall result in the Proposal being considered non- responsive.
(3) The Town's representative may conduct any investigation deemed necessary to
determine the Vendor's ability to perform the project. Vendors may be requested to submit
additional documentation within 72 hours (or as specified) to assist the Town in its
evaluation.
C. Key Positions- 5 pts.
(1) Identify each key personnel member that will render services to the Town
including title and relevant experience required, including the proposed project manager
and project staff.
Judi Yates will act as Art on the Avenue Event Manager. Judi has held this position for the last eight
years.
(2) Indicate the roles and responsibilities of each key position. Include senior
members of the Vendor only from the perspective of what their role will be in providing
services to the Town.
As Event Manager, Judi Yates will responsible for the weekly operations of Art on the Avenue including:
ensuring artists are scheduled each week, artists set up and take down their displays per city regulations
and troubleshooting any issues that may come on weekly.
(3) If a subcontractor will be used for all work of a certain type, include information
on this subcontractor. A detailed plan for providing supervision must be included.
Not Applicable.
(4) Attach a resume and evidence of certification, if any, for each key personnel
member and/or subcontractor to be involved in this project. Resumes should be attached
together as a single appendix at the end of the Proposal and will not count toward the
Proposal page limit. However, each resume shall not exceed two pages in length.
Please see attached.
D. Project Approach - 30 pts.
(1) Describe the Vendor's approach to performing the required Services in the
Scope of Work described in the Professional Services Agreement in Exhibit B, and its
approach to contract management, including its perspective and experience on partnering,
customer service, quality control, scheduling and staff.
Art on the Avenue will be provided as follows per RFP Scope of Work conditions:
• Art on the Avenue will be held every Thursday between the months of October and April,
with the exception of dates that conflict with currently scheduled events or programs,
including but not limited to, the second Thursday in November, Thanksgiving, and the
last Thursday in February.
• Products within the Art and Craft Market may include any art or craft materials. Items
that will not be sold will include: food, non- food value-added items such as soap,
candles, cosmetics and household items.
• All vendors shall allow The Town of Fountain Hills to inspect their booth at any time,
with or without notice, so as to maintain the integrity of the market.
• Judi Yates, Event Manager, will provide a list of all vendors and their Fountain Hills business
license numbers along with expiration dates to the Town prior to the start of the Market. This
listing will be kept up-to-date throughout the market season.
• Art on the Avenue will be held on Thursdays during the months of October—April from 11:00
am— 5:00 pm. Artists will have 1.5 hours prior to start time to set up and 1.5 hours after the close
of the event to break down their booths. The event areas will not to be occupied by artists before
the allotted times.
• Artists will not be permitted to park on the Avenue of the Fountains. The parking along the
Avenue of the Fountains will be for visitors of Art on the Avenue, local businesses, and
surrounding amenities.
• The park area used for Art on the Avenue will be returned to its original condition at the end of
the event each week.
• Tents and tables will be held down with weights and no stakes will be utilized.
• Advertising of the Art on the Avenue will be in the form of signs;the Event Manager will provide
the Town with a signage map and description of the signs themselves, which will only be
installed during the event hours.
• The Town of Fountain Hills will support the Art on the Avenue by allowing advertising within
park kiosks, online via Facebook and the town website, as well as in the"In the Loop"magazine.
• Art on the Avenue will utilize to power along the Avenue as well as limited water usage.
• Judi Yates, Event Manager, will provide the Town with a copy of the artist contract that is issued
to all artists.
The Event Manager will also send applications to returning artists and release her own invitation
(Call to Artists)to potential artists. She will then "jury' the artists to ensure a wide variety of
artists are on-site each Thursday to help ensure community interest. Once an artist is accepted
into the event, Judi will send out acceptance letters, documents with rules and an insurance
waiver. Judi will send weekly emails to the artists reminding them of event policies and updated
layout of show. As the Event Manager, Judi will be on site every Thursday at 8:30 AM- show
closure and clean-up to ensure all artists are following regulations of the event.
(2) Describe any alternate approaches if it is believed that such an approach would
best suit the needs of the Town. Include rationale for alternate approaches and indicate
how the Vendor will ensure that all efforts are coordinated with the Town's
Representatives.
Not applicable.
E. Pricing- 20 pts.
Vendor shall submit the same number of copies of the Fee Proposal as described in
Subsection 1.2(F) (Pricing) with the Vendor's Proposal, with the signature of the
representative of the Vendor who is authorized to make such an offer. The Fee Proposal
must include what the Master Vendor(Organizer) is going to pay the Town to hold the
Market from October through April. The payment to the Town can be displayed as a
percentage of the vendor space fees or a flat fee to be paid. The Fee Proposal must also
include what the Master Vendor is going to charge for the vendor spaces in the Market.
The Event Manger, Judi Yates, proposes a payment of$93.75 for her portion of the weekly events
(Farmer's Market organizer to also pay their portion of$93.75).
Fees for artists will be as follows:
Fountain Hills resident-$15.00 per week if paid in advance monthly, otherwise weekly rate will be
$20.00.
Non-Fountain Hills resident- $25.00 per week if paid in advance monthly, otherwise weekly rate will be
$30.00.
Fountain Hills non-profit organization will not be charged
TOWN OF FOUNTAIN HILLS
SECTION A COMMUNITY SERVICES DEPARTMENT
IV. VENDOR INFORMATION FORM
By submitting a Proposal, the submitting Vendor certifies that it has reviewed the administrative
information and draft of the Professional Services Agreement's terms and conditions and, if
awarded the Agreement, agrees to be bound thereto.
J, YSe 6S #-p 4I _38 5-izao�.1
VENDOR SUBMITTING I ROPOSAL FEDERAL TAX ID NUMBER
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ADDRESS TELEPHONE FAX #
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CITY STATE ZIP DATE
WEB SITE: E-MAIL ADDRESS: ILt Uq f,.i e os het
SMALL, MINORITY, DISADVANTAGED AND WOMEN-OWNED BUSINESS
ENTERPRISES (check appropriate item(s):
Small Business Enterprise (SHE)
Minority Business Enterprise (MBE)
Disadvantaged Business Enterprise (DBE)
/ Women-Owned Business Enterprise (WBE)
Has the Vendor been certified by any jurisdiction in Arizona as a minority or woman-owned
business enterprise'?
If yes, please provide details and documentation of the certification.
A-Ill
Judi L. Yates
16442 E. Trevino Dr. Fountain Hills AZ 85268 W: 480-837-6645 C: 480-252-1536
Summary
I have management experience and exceptional people skills. Versed in organization and problem solving. I
have always desired a challenging role in management.
Skills
• Operations management • Excellent communication
• Excel in promoting
• Time management skills
Experience
09/1994 to 09/2018
Owner and operated Designs by Judi Yates — Fountain Hills, AZ
• Design and created jewelry
• Participated in 26 art shows a year
• Serviced 40 wholesale accounts
• Met with commission clients to discuss artistic preferences and ideas.
10/2003 to 07/2008
Owner and manager Yates Gallery — Fountain Hills, AZ
• Received and processed cash and credit payments for in-store purchases.
• Maintained friendly and professional customer interactions.
• Oversaw all daily operations.
• Demonstrated that customers come first by serving them with a sense of urgency.
• Recruited, hired, developed and retained retail talent for the company.
08/2008 to 05/2016
Board Member and Treasure Fountain Hills Artists Gallery — Fountain Hills, AZ
• Payables monthly
• Assisted the CFO with the production of the monthly financials, management reports and board
packages.
• Prepared month end closing entries for detailed reporting and recordkeeping.
• Executed accounts receivable reporting enhancements and reconciliation procedures.
• Assist in operations of gallery
06/2012 to 07/2013
Board Member, Co-manager and Treasure On the Edge Gallery — Scottsdale, AZ
• Oversaw performance and quality of service for employees when performing as manager on duty.
• Streamlined monthly closing operations to increase efficiency.
• Prepared month end closing entries for detailed reporting and recordkeeping.
• Completed administrative tasks such as recordkeeping, writing correspondence and gathering materials.
2009-Present Event manager for Art on the Avenue
Education and Training
Oakland University — Rochester, MI, United States 1968-1970
Activities and Honors
• Fountain Hills Chamber of Commerce Board Member for two terms and chair for one year
• Director of Art Council 2010-2014
• Downtown Planning committee 2012
• Fountain Hills Business person of the year 2003
• Co-Chaired Downtown Improvement Committee 2000-2004
Page 2
ARIZONA CORPORATION COMMISSION
September 25, 2013
JUDI L YATES
16858 AVE OF THE FOUNTAINS
STE 103
FOUNTAIN HILLS, AZ 85268
RE: J. YATES ENTERPRISE, LLC
File Number: L18657800
We are pleased to notify you that the Articles of Organization for the above-
referenced entity HAVE BEEN APPROVED.
You must publish a Notice of the filing of your Articles of Organization or,
alternatively, you may publish the Articles of Organization in their entirety.
For your convenience, we have provided a Notice form that you can complete and
submit to the newspaper of your choice. The publication must be in a newspaper
of general circulation in the county of the known place of business in Arizona
for three consecutive publications. Publication must be completed WITHIN 60 DAYS
after September 2.5, 2013, which is the date the document was approved for filing
by the Commission. A list of acceptable newspapers is available on the Commission
website. www.azcc.gov/Divisions/Corporations.
The limited liability company may he subject to administrative dissolution if it
fails to publish. You will receive an Affidavit of Publication from the newspaper,
and you may file it with the Commission.
We strongly recommend that you periodically monitor your company's record with the
Commission, which can be viewed at www.azcc.gov/Divisions/Corporations. If you have
questions or need further information, please contact us at (602) 542-3026 in
Phoenix, or Toll Free (Arizona Residents only) at 1-800-345-5819.
LL:13
REV. 01/2009
1300 WEST WASHINGTON,PHOENIX,ARIZONA 85007-29291400 WEST CONGRESS STREET,TUCSON,ARIZONA 8 57 01-1 347
www.cc.stete.ez.us-602-542-3135
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