HomeMy WebLinkAboutC2022-083 - Innovative Lighting dba Custom Holiday Lights1
Contract No. 2022-083
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
INNOVATIVE LIGHTING & DESIGN, INC
DBA
CUSTOM HOLIDAY LIGHTS
THIS PROFESSIONAL SERVICES AGREEMENT (this “Agreement”) is entered into as
of May 17, 2022 between the Town of Fountain Hills, an Arizona municipal corporation (the
“Town”) and Innovative Lighting & Design, Inc., dba Custom Holiday Lights, a(n) Arizona
corporation (the “Vendor”).
RECITALS
A. The Town issued a Request for Proposals, RFP No. 2021-RFP-012 (the “RFP”), a
copy of which is on file with the Town and incorporated herein by reference, seeking proposals
from vendors interested in providing Christmas Light Display Set up/Removal/Repair/Storage for
the Town (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.
C. The Town desires to enter into an Agreement with the Vendor to perform the
Services, as set forth below.
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 June 30, 2023 (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 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, (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
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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 all
Renewal Terms, if any, 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 Proposal
attached hereto as Exhibit A and incorporated herein by reference.
3. Compensation. The Town shall pay the Vendor an amount not to exceed $50,000
at the rates set forth in the Fee Proposal attached hereto as Exhibit A and incorporated herein by
reference. The aggregate amount per renewal term shall not exceed $50,000 in any case unless the
Agreement is affirmed and ratified via an executed amendment. All remaining terms and
conditions of the Agreement shall remain in full force and effect.
4. Payments. The Town shall pay the Vendor monthly (and the Vendor shall invoice
the Town monthly), based upon work performed and completed to date, and upon submission and
approval of invoices. All invoices shall document and itemize all work completed to date. Each
invoice statement shall include a record of time expended and work performed in sufficient detail
to justify payment. This Agreement must be referenced on all invoices.
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
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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) 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
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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
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
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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 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
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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 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.
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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 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
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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
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 as agreed in Section 2 above and in Exhibit
A. 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
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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 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.
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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.
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: Town of Fountain Hills
16705 East Avenue of the Fountains
Fountain Hills, Arizona 85268
Attn: Aaron D. Arnson, Town Attorney
If to Vendor: Innovative Lighting & Design, Inc.
dba Custom Holiday Lights
15855 North Greenway Hayden Loop, Ste 130
Scottsdale, AZ 85260
Attn: Aubree Denekamp
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
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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 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 Proposal, any Town-approved invoices, and the RFP, 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.
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[SIGNATURES ON FOLLOWING PAGES]
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
Grady E. Miller, Town Manager
ATTEST:
Elizabeth A. Klein, Town Clerk
APPROVED AS TO FORM:
Aaron D. Arnson, Town Attorney
[SIGNATURES CONTINUE ON FOLLOWING PAGES]
Aaron Arnson (Jun 12, 2022 10:32 PDT)
Elizabeth Klein (Jun 13, 2022 07:49 PDT)
“Contractor”
____________________________________,
By:
Name:
Title:
Innovative Lighting & Design, Inc., dba Custom Holiday Lights, a(n) Arizona corporation
CHAD SHIMEK (Jun 1, 2022 12:47 PDT)
CHAD SHIMEK
Managing Member
CHAD SHIMEK
EXHIBIT A
TO
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
INNOVATIVE LIGHTING & DESIGN, INC.
DBA
CUSTOM HOLIDAY LIGHTS
[Consultant’s Proposal]
See following pages.
Town of Fountain Hills
Admin-Procurement
Robert Durham, Procurement Officer
16705 E. Avenue of the Fountains, Fountain Hills, AZ 85268
PROPOSAL DOCUMENT REPORT
RFP No. 2021-RFP-012
Town of Fountain Hills Christmas Display
RESPONSE DEADLINE: March 31, 2022 at 5:00 pm
Report Generated: Monday, April 25, 2022
Innovative Lighting Proposal
CONTACT INFORMATION
Company:
Innovative Lighting
Email:
aubree@customholidaylights.com
Contact:
Aubree Denekamp
Address:
15855 North Greenway Hayden Loop
Ste 130
Scottsdale, AZ 85260
Phone:
N/A
Website:
N/A
Submission Date:
Mar 31, 2022 4:31 PM
PROPOSAL DOCUMENT REPORT
RFP No. 2021-RFP-012
Town of Fountain Hills Christmas Display
PROPOSAL DOCUMENT REPORT
Request for Proposals - Town of Fountain Hills Christmas Display
Page 2
ADDENDA CONFIRMATION
Addendum #1
Confirmed Mar 31, 2022 3:46 PM by Aubree Denekamp
Addendum #2
Confirmed Mar 31, 2022 3:46 PM by Aubree Denekamp
QUESTIONNAIRE
1. Certification
By confirming questions under this section, the Vendor certifies:
NO COLLUSION*
The submission of the Proposal did not involve collusion or other anti-competitive practices.
Confirmed
NO DISCRIMINATION*
It shall not discriminate against any employee or applicant for employment in violation of Federal Executive Order 11246.
Confirmed
NO GRATUITY*
It has not given, offered to give, nor intends to give at any time hereafter, any economic opportunity, future employment, gi ft, loan,
gratuity, special discount, trip favor or service to a Town employee, officer or agent in connection with the submitted Proposal. It
(including the Vendor’s employees, representatives, agents, lobbyists, attorneys, and subcontractors) has refrained, under penalty of
disqualification, from direct or indirect contact for the purpose of influencing the selection or creating bias in the selection process
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Town of Fountain Hills Christmas Display
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Request for Proposals - Town of Fountain Hills Christmas Display
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with any person who may play a part in the selection process, including the Selection Committee, elected officials, the Town Manager,
Assistant Town Managers, Department Heads, and other Town staff. All contact must be addressed to the Town’s Procurement Agent,
except for questions submitted as set forth in Subsection 1.4 (Inquiries), above. Any attempt to influence the selection proc ess by any
means shall void the submitted Proposal and any resulting Agreement.
Confirmed
FINANCIAL STABILITY*
It is financially stable, solvent and has adequate cash reserves to meet all financial obligations including any potential co sts resulting
from an award of the Agreement.
Confirmed
NO SIGNATURE/FALSE OR MISLEADING STATEMENT*
The signature on the cover letter of the Proposal and the Vendor Information Form is genuine and the person signing has the
authority to bind the Vendor. Failure to sign the Proposal and the Vendor Information Form, or signing either with a false or
misleading statement, shall void the submitted Proposal and any resulting Agreement.
Confirmed
PROFESSIONAL SERVICES AGREEMENT*
In addition to reviewing and understanding the submittal requirements, it has reviewed the attached sample Professional Services
Agreement including the Scope of Work and other Exhibits.
Confirmed
REFERENCE CHECKS*
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
PROPOSAL DOCUMENT REPORT
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connection with the information they provide. Inability of the Town to verify references shall result in the Proposal being considered
non-responsive.
Confirmed
2. Vendor Proposal
GENERAL INFORMATION*
A. One page cover letter as described in the section titled "RFP Submission Process", the subsection titled "Required Submittal".
B. 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 c ompany. 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.
C. 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.
D. Provide a general description of the Vendor’s organization, including years in business.
E. 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.
F. 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.
CUSTOM_HOLIDAY_-_TABLE_OF_CONTENTS.pdf2.1_General_Information.pdfCover_Letter_-_Custom.pdf
EXPERIENCE AND QUALIFICATIONS OF THE VENDOR*
PROPOSAL DOCUMENT REPORT
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A. 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 Town of Fountain Hills Christmas Display.
B. Vendor must demonstrate successful completion of at least three similar projects within the past 60 months. 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:
1. Name of company or organization.
2. Contact name.
3. Contact address, telephone number and e-mail address.
4. Type of services provided.
5. Dates of contract initiation and expiration.
2.2_Experience_&_Qualifications.pdf
KEY POSITIONS*
A. 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.
B. 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.
C. 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.
D. Attach a résumé and evidence of certification, if any, for each key personnel member and/or subcontractor to be involved in
this project. Résumés 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.
2.3_Key_Positions.pdf2.3_Resumes.pdf
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PROJECT APPROACH*
A. Describe the Vendor’s approach to performing the required Services in the section titled Scope of Work, and its approach to
contract management, including its perspective and experience on partnering, customer service, quality control, scheduling
and staff.
B. 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.
2.4_Project_Approach.pdf
PROJECT SCHEDULE*
Provide a project schedule showing key project milestones and deliverables. The schedule shall demonstrate Vendor’s ability to meet
the designated milestones as listed.
2.5_Project_Schedule.pdf
PRICING*
Please download the below documents, complete, and upload.
• Pricing.xlsx
2.6_Pricing.pdf
Table of Contents – Vendor Questionnaire & Proposal
I.7.1 Certification………………………………………………………………
II.7.2.1 General Information………………………………………………….
7.2.1.A Cover Letter………………………………………………………….
7.2.1.B Vendor Identification Information………………………………….
7.2.1.C Office & Storage Locations………………………………………...
7.2.1.D Vendor’s History…………………………………………………….
7.2.1.E Subcontractor Information………………………………………….
7.2.1.F Litigation & Arbitration History…………………….………………
III.7.2.2 Experience and Qualifications of the Vendor…………………..
7.2.2.A Vendor’s Experience………………………………………………..
7.2.2.B References of Similar Scope & Size………………………………
IV.7.2.3 Key Positions………………………………………………………….
7.2.3.A Key Personnel……………………………………………………….
7.2.3.B Key Positions & Responsibilities………………………………….
7.2.3.C Subcontractors………………………………………………………
7.2.3.D Resume’s……………………………………………………………
V.7.2.4 Project Approach…………………………………………………….
7.2.4.A…………………………………………………………………………
7.2.4.B…………………………………………………………………………
VI.7.2.5 Project Schedule……………………………………………………..
VII.7.2.6 Pricing…………………………………………………………………
CUSTOM HOLIDAY LIGHTS, LLC.
Chad Shimek, Managing Member
15855 N Greenway Hayden Loop, Ste 130
Scottsdale, AZ 85260
2021-RFP-012 TOWN OF FOUNTAIN HILLS CHISTMAS DISPLAY
Town of Fountain Hills
Admin-Procurement
16705 E. Avenue of the Fountains
Fountain Hills, AZ 85268
2021 -RFP -012 CUSTOM HOLIDAY LIGHTS, LLC.
II. 7.2.1 General Information
7.2.1.B Vendor Identification Information:
Legal Name: Custom Holiday Lights, LLC. Main Proposal Contacts:
Address: 15855 N Greenway Hayden Loop, Ste 130 Chad Shimek / 480-560-5022 (cell)
Scottsdale, AZ 85260 Chad@CustomHolidayLights.com
Employee Identification Number: 86-1012431 Aubree Denekamp / 480-677-0245 (cell)
Managing Member: Chad Shimek – 100% Ownership Aubree@CustomHolidayLights.com
Office: 480-675-0151 Fax: 480-675-7640 Admin@CustomHolidayLights.com
Locations:
Custom Holiday Lights primary office location is at 15855 N Greenway Hayden Loop, Scottsdale, AZ 85260. Our
Scottsdale location includes a 3,200 sq ft warehouse which is climate controlled, keeping decorations in top
condition from year after year. Custom owns multiple transportation trailers and will use a flatbed trailer to transport
Town decorations. Custom also utilizes an additional storage facility located at 1901 N Alma School Rd. Mesa, AZ.
Company Vehicles & Equipment:
1. 2003 Ford F150 Ext Cab 2. 2003 Ford F150 Single Cab 3. 2003 Ford E350 Cargo Van
4. 2003 10' Haulmark Trailor 5. 2004 Chevy Astro Van 6. 2005 Ford F150 Single Cab
7. 2005 14' Haulmark Trailor 8. 2006 F550 37" Aerial Boom 9. 2006 Chevy Express 1500
10. 2007 Ford F150 Ext Cab 11. 2007 Ford F150 Single Cab 12. 2007 F550 W / 42" Aerial Boom
13. 2008 Ford E350 Cargo Van 14. 2018 Ford F150 Ext Cab 15. 29' Personnel Lift
16. 16' Big Tex Trailer 17. 24' Childs Gooseneck Trailer
7.2.1.C Licensing:
See Attachment.
7.2.1.D Vendor Organization Information:
History: Custom Holiday Lights, LLC was established in 1989 and is locally owned and operated in Scottsdale,
Arizona. We are the original Christmas lights and decorating business of the Valley for 32 years. We are proud to
continue working year after year with our original customers. We attribute this to our commitment to preserve
quality workmanship and excellent client satisfaction. We have been able to service our clients by managing our
growth responsibly and abiding to our principles of integrity, quality of workmanship, and caring attitude. Our team
has the experience, knowledge, and talent it takes to creatively illuminate and decorate any area.
Company: CHL employs a staff of 24-36 employees and is equipped with the necessary equipment to install,
maintain, remove, and even store the necessary product safely and promptly. CHL has all the resources to take on
any project while exceeding our customer's expectations.
Experience: CHL has 32 years’ experience operating and provides services annually to over 150 properties
consisting of; Cities, Shopping Plazas, Community Associations, Senior Living Centers, Corporate Centers, Hotels,
Resorts, and Private Residences. Custom Holiday Lights has serviced several municipalities including, but not
limited to, The City of Scottsdale, City of Coppell, City of Surprise, and the Anthem Community Council.
Mission: As a team, we really enjoy and look forward to building a long-term relationship with our clients and
repeating this with anyone that is seeking our services. We strive to offer quality products and great workmanship.
We always offer a valuable experience and a willingness to collaborate with you on the development of a holiday
decorating program for this holiday season and others to come!
In closing: With such a strong and reputable history, we at Custom Holiday Lights are confident that we will meet
your requirements and exceed your expectations for the holiday seasons. We understand the objective and
importance of the holiday lighting in the Town; supporting the merchants, increasing revenue, and the costs and
time involved in orchestrating such an event.
7.2.1.E Subcontractors:
No subcontractors will be used. Due to the size and scope of the project, Custom Holiday Lights understands the
importance of having employees you can trust to follow the schedule that are knowledgable, dependable, trained in
by our standards of installation, ethics and safety, which is why we choose to keep our team in house.
7.2.1.F Claim History:
No claims against Custom Holiday Lights, LLC.
2021 -RFP -012 CUSTOM HOLIDAY LIGHTS, LLC.
III. 7.2.2 Experience & Qualifications
7.2.2.A Vendor’s Experience:
City of Surprise: Custom Holiday Lights has been designing, installing, ordering, maintaing and removing the
decorations and lighting for the City of Surprise. For the first time in over 10 years, the City has chosen not to rebid on
an annual basis, but rather exercise their right to rewew without solicitation for the full 5-years they were allowed to
per the contract. CHL is fully confident they will continue with the City after rebidding this year. CHL installs holiday
lighting throughout the streets surrounding the Baseball Stadium and surrounding buidlings. This includes bark
wrapping trees to the tips of the branches in a uniform consistency up and down the Chinese Elms, Large Ironwoods,
and Ash trees in the medians and surrounding the nearby buildings off of Bullard Avenue. Our team also assists
during the City’s Holiday Spectacular event and provides one of the top reviewied items from specators – the live
snow machines during the event!
The scope consists of a variety of items including, but not limited to refurbishing/repairing City owned displays,
installing City owned Christmas tree, bark wrapping LED mini lights, beginning at the base of the trunk through to the
branches at a consistence spacing (aprx 3 fingers width).Our installers and lift operators work together to strategically
place LED clusters and snowfalls throughout the canopies to create a glistening effect. Clipping C9 bulbs installed
along rooflines of 8 buildings and various fencing perimeters with steel frame wreaths for entrance facias. CHL
assists the City’s maintenance department in installing the temporary generators and routing power to eliminate
hazards for pedestrians. CHL adheres to all City codes and safety guidelines in addition to OSHA and CHL safety
policies.
Our office maintains consistent contact with City staff and maintenance throughout the entirety of the contract,
ensuirng the department is fully up to date.
2021 -RFP -012 CUSTOM HOLIDAY LIGHTS, LLC.
III. 7.2.2 Experience & Qualifications
7.2.2.A Vendor’s Experience:
Community Association Management / CCMC (Grayhawk Community Associations / Firerock Community):
Since 2005, Custom Holiday Lights has been working with CCMC and solely responsible for the design, product,
coordination, scheduling, installation, maintenance and removal of the holiday lighting displays since 2005. CHL
installs holiday lighting for Grayhawk Communities, located in North Scottsdale and Firerock Community
Associations, located in Fountain Hills. The installation of the community entrances, both inside and outside of the
security gates, totals over 1.2 million lights.
Grayhawk's installation includes over 20 subdivisions. CHL is responsible for the installation of custom designed
garland at 59 monuments, trunk warpping for various and canopy decorations in 370 trees and cacti,
installing/programing RGB clusters in canopies, snowflakes in tree canopies, clipping/gluing C9's on the perimeter
of structures and monuments, and various lit ground decorations throughout the communties. During the holiday
season, CHL installs, maintains and removes this holiday lighting for over 12 square miles covering the
association. Our continued relationship with Grayhawk comes from our ability to communicate with our client,
correct any concerns that may arise and ensure the best quality of work.
Firerock Community Association: CHL installs holiday lighting on items including Saguaros, Palo Verde trees,
Ironwood trees, building structures, guard houses, water features, and monuments throughout the Firerock
Community. These trees are meticulously wrapped with 2" spacing from the bottom of the trunk to the tips of the
branches with clusters of lights strung throughout the canopies, using boom and aerial lifts. CHL installs C9 lights
on the fascia of the guard houses and lines the perimeter of monuments. Our unparralled installation techniques
and customer service has allowed the community to expand with each year of our services.
CHL coordinates with both the Community Manager and security staff during the season as a preventative
measure in addition to our maintenance program to ensure any outtages are being taken care of as quickly as
possible.
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III. 7.2.2 Experience & Qualifications
7.2.2.A Vendor’s Experience:
AZ Lights in the Night:
Arizona Lights In The Night is a holiday drive through light show like no other, and CHL had the opportunity to
partner in designing/developing and installation services for the 1-mile drive through, featuring over 1 million lights
made up of traditional static Christmas lights/decorations, alongside RGB lighting synced to a holiday soundtrack.
This show features a 600 foot long light tunnel, the largest in the state. CHL assisted in creating Arizona Lights In
The Night into the “only show” that merged theater and custom set displays with a light show. CHL designed the
signature “Santa’s Workshop” creating toys for the Christmas season with live elf’s waving to onlookers and
handing out light up Christmas Bears to purchasers as they pass by.
Installation of a 35 foot interactive tree and 850 additional lit displays throughout the display, cohesively designed
to transiftion from one scene to the next. CHL provided our years of design experience, installation services, and
product purchasing to provide a seamless interactive show!
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III. 7.2.2 Experience & Qualifications
7.2.2.A Vendor’s Experience:
Anthem Community Council:
CHL lights the Town of Anthem with an array of mini lights, clusters, banners and decorations throughout 7
sections throughout the town. Installation begins in the Memorial Park, extending through the Venture Court,
Recreation Center, several entrances, to the lake, ending at the civic center. The color scheme consists of
traditional colors to match the theme and demographic of the community. With assistance of aerial lifts, CHL
installs banners, strings clusters throughout the canopies of the trees and suspends 36” red bows on the
monument signs. The design has lighting leading homeowners, visitors, shoppers, and vendors throughout the
town.
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III. 7.2.2 Experience & Qualifications
7.2.2.B References:
I.
1. City of Surprise
2. Daniel Luvisi / Joann Estfan
3. 16000 N. Civic Center Plaza. Surprise, AZ 85374
623-222-2243
Joann.Estfan@SurpriseAz.gov
Daniel.Luvisi@SurpriseAz.gov
4. Services provided under contract include, but are not limited to: All design aspects for lighting display,
order/receive product, manage all aspects of scheduling and coordinate with City staff and any applicable
vendors, alert City of any changes, succesfully complete installation, provide preventative and repair
maintenance, removal and storage, and provide development designs for future seasons.
- Trunk wrapping - Clusters & Snowfalls in tree canopies - Wreaths / Custom decorations
- C9’s - Repairs to City owned decorations - Snow machines
- Event montioring - Power distribution to City Generators - City owned Christmas tree
5. Contract Initiation:2017 / Contract Expiration:2022
II.
1. Community Association Management / CCMC
2. Grayhawk Community Associations & Firerock Community Association
2. Stephanie Fee / Mike Fee
3. 15295 E Shea Blvd. Fountain Hills, AZ 85268
480-836-4323
SFee@CcmcNet.com
4. Services provided under contract include, but are not limited to: All design aspects for lighting display,
board presentations, leasing/testing of product, manage all aspects of scheduling and project tracking,
communication between board members, community management company, security staff and external
vendors. Succesfully complete installation for all holiday lighting and displays, preventative and repair
maintenance, removal and storage for all decorations and lighting.
-Trunk wrapping - Lit decorations in tree canopies - Tree of lights
- C9’s - Custom lit garland/ wreaths - Interactive displays
5. Contract Initiation:2005 / Contract Expiration: None specified
III.
1. Developmental Services of America / Casa De Ninos
2. Carl Chesney 480-476-4100
3. 16100 N 71st St. Scottsdale, AZ 85254
480-476-4100
Carl_Chesney@CasaDeNinos.com
4. Services provided under contract include, but are not limited to: All design aspects for lighting and
deocrations, leasing/testing of product, manage all aspects of scheduling and project tracking, scheduling at
low traffic times, maintenance, removal, etc. . Succesfully complete installation for all holiday lighting and
displays, preventative and repair maintenance, removal and storage for all decorations and lighting.
-Trunk wrapping - Lit decorations in tree canopies - Fronds and branch wrapping
- C9’s - Custom lit garland/ wreaths - Storage and Transport
5. Contract Initiation: 2015 / Contract Expiration: None specified
.
7.2.3.A Key Personnel:
Our team has over 150 years of combined experience lighting municipalities, communities, and homes throughout
the Southwest. Please see below for a list of our key personnel who will be working closely on this project.
• Chad Shimek (Project Manager / Managing Member) Chad Shimek has owned CHL since 2000 and specializes
in not only seasonal lighting, but all forms of lighting and electrical. His passion for lighting has lended him
extensive knowledge of lighting, electrical/power distribution, design, installation methods, troubleshooting skills
and much more. He has succesfull designed, overseen, and succesfully completed projects both in Arizona as
well as municaplities out of state. His responsibilities include, but are not limited to, company proposals, designs,
purchasing, customer service, hiring, evaluating performance, and employee education.
• Allen Thompson (Design & Automation Specialist) is a local entrepreneur with over 30 years of experience in the
event production industry. He is an instrumental asset to CHL and provides extensive knowledge not only to
event planning, but stays current on innovative products, delivers training, programming and oversees desings.
• Aubree Denekamp (Office Manager/ Project Coordinator) has been with CHL since 2016. Responsibilities
include are, but not limited to, maintaing license renewals, overseeing onboarding process for new employees,
contract fullfilment, project tracking, scheduling, customer service, design and administrative duties.
• Leah Scarsone (Customer Relations / Administrative Staff) has been with CHL since 2019. Leah’s
responsibilities include but are not limited to advocating between the customer and the field supervisors,
scheduling, customer service & marketing.
• Steve Campillo (Field Manager) started with CHL since 2003. His responsibilities are, but not limited to,
overseeing field operations, installation, and evaluating employee's safety. He possesses a high awareness of
safety, time management, and managing deadlines. He has unmatchable knowledge and skill set earned from
hard work and dedication.
• Guillermo Gonzalez (Field/Project Supervisor) has been with CHL since 2014 but comes to the company with 16
years’ experience in the holiday lighting industry. His ability to motivate his team is unparallel and focuses on his
responisbilities overseeing project installation, evaluating installation technique, troubleshooting, customer service
and more.
• Dan Hadley (Heavy Equipment Operator) joined our team in 2018, and is responsible for overseeing all heavy
equipment installation needs, training personnel on equipment, continued training education, and troubleshooting.
• Lonny Teff (Lead Installer) has been with CHL since 2017 bringing a new approach to prolem solving skills and
creative "out of the box" thinking lend a huge asset to CHL. His responbsibilities include but are not limited to
installation, operating heavy equipment, designing power layout/ installation of power supplies, troubleshooting
and repairs.
• Daniel Gonzales (Installer/Service Techncian) joined CHL since 2015, but began his career in holiday lighting
prior to joining us. His accuracey, leadership and time management skills almost always bring his projects to
completition ahead of schedule!
• Hector Hernandez (Installer/Service Techncian) moved from a local holiday lighting company to CHL in 2015.
He works hand in hand with management, communicating repair work orders, inventory updates, and oversees
warehouse responsibilities. He works closely with the restoration and installation of displays His responsibilities
include, but are not limited to installation, assembly, product analysis, and repairs.
• Irwin Lewis (Maintenance/Service Techncian) is an expert troubleshooter who joined CHL in 2017. Irwin’s
responsibilities include troubleshooting, preventative maintenance/ nightly audits, repairs, and installation.
2021 -RFP -012 CUSTOM HOLIDAY LIGHTS, LLC.
IV. 7.2.3 Key Positions
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IV. 7.2.3 Key Positions
7.2.3.B Key Position Roles/Responsibilities:
Design Specialists: The design specialist is responsible for reviewing the site locations, defining foilage types,
estimating number or lights needed for each element, placement for displays and décor, and product specs. This
position is completed as a team effort, collaborating to ensure the design, technical specs, costs, timelines, etc. are
met.
Project Manager: The Project Manager is responsible for overseeing the full project. This includes pre-conference
meetings, serve as one of the main contacts for Town staff, reveiews installation techniques, monitors and
implements safety procedures, ensures project timeline is on track, evaluating employee perfomance, and
coordinates between all layers of internal staff that are working together on the project.
Office Manager/ Project Coordinator: The Office Manager/Project Coordinator is repsonsbile for drafting submittals,
main office contact for clientelle and field staff, maintains licensning and insurance compliance, A/R, A/P, provides
report tracking, tracks project progression and processes product orders.
Customer Relations/ Administrative Staff: The Customer Relations / Admin position handles any and all aspects of
follow ups, updates, reminders, and scheduling updates to both clients and internall/field staff. Using a proprietary
system, our field memebers are able to update progression in real time, which is montiored by this position, and
reported to Management and scheduling.
Field Manager: The Field Manager oversees all field supervisors. The field manager is an instrumental part of
developing innovative power solutions, provides job execution plan, devlops plan with field supervisor, evaluates
field employee and technical performance, conducts day and night reviews of projects, communicates and issues
with Project Manager, and troubleshooting.
Field Supervisor: The Project/Field Supervisor works closely with the Project and Field Managers throughout
project compeltion. Field Supervisor manages the on-site crew and oversees installation. Responsibilities are to
ensure the project needs are being met and that all technical, safety, and company policies are being adhered to
during the instlalation. This position is responsible for on the job training, reporting the office and management, and
serving as the on-site contact for any Town needs.
Heavy Equipment Operator: The Heavy Equipment Operator is respobsible for all aspects relating to instalaltion
requiring a lift. This includes loading/unloading of all product and equipment, adhering and enforcing all safety
procedures, directly supervising ground support tech, installing lighting and decorations, running power overhead,
service calls, troubleshooting and removal.
Installer/Service Techncian: CHL’s Installation and Service Techs are repsonsible for installation/maintenance and
removal for all lighting, displays/decorations, timers/power, and prevenatative maintenance. The Installers are
directly supervised by the Project Supervisor on site, Project Manager and Field Manager.
7.2.3.C Subcontractors:
No subcontractors will be used. Due to the strict timeline and scope of the project, Custom Holiday Lights
understands the importance of having dependable employees to adhere to the guidelines and timelines set forth.
7.2.3.D Resumes:
See attached appendix for resumes and certificates.
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VIII. Resumes
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VIII. Attachments – Resumes
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VIII. Attachments – Resumes
7.2.4.A Vendor’s Approach:
Our method of installing seasonal lighting and displays has evolved over the years as new technology arises. Custom
Holiday Lights was established in 1989 and has developed techniques that have been proven effective and each of
our team members are individually trained to uphold our standards over the past 32 years. When devloping a design,
we also create an installation plan based on the space given, budget, and overall vision of the project. We adhere to
all Town ordinances and put a strong emphasis on safety.
Safety/Training: It is the policy of Custom Holiday Lights to provide a safe workplace for our employees and to
observe all State and Federal Laws and Regulations. Custom Holiday Lights provides safety and installation training
to all employees as well as weekly safety meetings. CHL also has a proprietary safety manual and test that each
employee is required to pass a safety test prior to working on any project. We provide the necessary training and
tools for the management team and supervisors to train employees on how to complete assigned job tasks including:
installation, electrical safety, and equipment usage. New employees work under the supervision of another crew
member with a minimum of 5 years’ experience at our company to ensure Company policies are being adhered to.
Safety is a part of all our employee's responsibility. We require active participation and adherence to the safety
program as a condition of their employment. Our management's commitment and follow up to safety is an
instrumental part of how we stay safe. Our office staff and supervisors have emergency contact numbers and
procedures in place in the event of an accident. CHL employees will utilize OSHA and Town safety guidelines.
CHL provides training and PPE for all vehicles, machinery and equipment utilized in the field. All vehicles and
equipment have monthly preventative maintenance checks completed to ensure equipment safety. A visual and
physical inspection of heavy machinery and/or lifts prior to use. While in use, all employees are in safety harnesses,
vests and using cones. While in the field all team members mark their workspace with the use of cones, tape,
flashes, or signs to inform oncoming traffic and pedestrians of the space in use. CHL prohibits the use of cell phones
to ensure full focus is on their surroundings. Whether on the ground or in the air, CHL requires eye protection, gloves,
hats, and proper footwear to ensure everyone’s safety.
We encourage our team to take regular breaks and supply snack and water to keep their awareness and energy
levels up. CHL promotes cleanliness in the effort to be safe. Each vehicle’s stocked with individual brooms, ladders,
and rakes to ensure we leave a jobsite in the same, or better condition than when we arrived. This could include
raking the gravel back to even ground, cleaning debris from the sidewalk, picking up trash, etc. Our team is also
respectful of their noise level and language to ensure they can hear the surroundings as a preventive measure. The
policies we enforce protect our employees, our clients, and our business. These policies have proven to work and
strengthen year after year.
Purchasing: Custom Holiday Lights has long standing relationships with our current vendors, some for over 20 years.
We have established additional discount rates for paying early, exteneded payment terms, established relationships
with reps, ease for returns/warranties, and endless potential for custom products! We also have relationships with
manufacturers overseas that we utilize to order product and manufacture special designs. With our revolving credit
over $150,000, line of credit for $78,000 with a zero balance, great standing relationship with our bank, and cashflow
of approximately $90,000, we have the ability to strategically begin ordering our product early, to utilize the
discounted pricing without waiting on a deposit. Ordering early also allows us ample time to test all product and
order/receive any replacements (if needed), prior to installation beginning.
Communication: We pride ourselves in our communication and promptness. Upon being awarded the project, our
office and/or field staff will provide weekly status updates to the RFP administrator to inform him/her of the project's
status. We will also provide follow-up reports concerning maintenance of all holiday lighting and ground displays,
which will include the dates, times and scope of work completed. The Town will be provided with multiple forms of
contact (email, text, call) for three points of contact. All emails, voicemails and calls are answered promptly
throughout the season, and guarantee a response time of a maximum of 4 hours via text.
Upon receiving any notice of outages or issues with the lights, the office will contact the Town Staff to get more
details specifying location and description of what is out. From there, we will schedule a team and dispatch them to
troubleshoot and diagnose the issue. Once completed, a report detailing the location of the issue(s), cause, and
solution or repair made will be emailed to the administrator for the Town's records.
2021-RFP-012 CUSTOM HOLIDAY LIGHTS, LLC.
V. 7.2.4 Project Approach
2021-RFP-012 CUSTOM HOLIDAY LIGHTS, LLC.
V. 7.2.4 Project Approach
7.2.4.A Vendor’s Approach:
Maintenance: Custom Holiday Lights will be onsite at night, a minimum of once a week to review the lighting and
make any repairs needed as a preventative maintenance, recorded with detailed notes and photos. CHL requests
that the Town submit any notice of issues to our office immediately, as we hold a 24-hour repair policy, in addition to
our preventative maintenance checks. CHL will take pride in the Town’s display and ensure all maintenance is
upheld to provide the best possible experience to the Town staff, locals, merchants and the spectators.
Installation standards:
Bark Wrapping: All trees specified will be bark wrapped from the base of the trunk all the way to the leaves with LED
mini lights. The mini lights we have spec'd in for this project have 6" spacing between each bulb LED bulb.This will
allow the trees to hold more lights, providing a dazzling effect. The small sized trees will have each wrap extending
the distance of approximately 3-4" apart. The medium sized trees will be wrapped with a 4 fingers (3-5 inches)
spacing. The large sized trees will be wrapped with about 6-8" spacing.
Tree Canopies: CHL will be utilizing 5 different styles of ornaments throughout the tree canopies, to allow for full
appearance, with less ornaments. The LED ornaments will include C9’s, lit spheres, falling snowfall lights, lit clusters
and lit sprays. When installing the ornaments, an aerial lift will be used and the entire canopy will be covered with
even spacing between the items. The small sized trees will have each wrap extending the distance of approximately
3-4’ apart. The medium sized trees will be decorated with 4-6’ spacing between ornaments. The large sized trees will
be installed with about 6-8’ spacing.
The smaller trees will have a much closer spacing than the larger trees to create the same fullness in each tree and
achieve a cohesive appearance. The shapes and sizes of the tree ornaments in the display will be determined by the
color and size to achieve a cohesive flow as you walk through the display.
Skylines: The skylines will be strategically placed in areas with less foliage that need to fill space which are a center
attraction throughout the walkways.
Displays: The displays are strategically placed in areas that fit the space according to size and meaning with
consideration to external vendors that may be in place during the event.
Power supplies: All power supplies and program devices will be installed descretely to eliminate any attention taken
away from the show and promote safety and functionality. Extension cords will be installed overhead wherever
possible. Power that is ran on the grond will be staked down with sod staples to secure. Ground displays will be
installed near the ened and middle sections of the median near gravel strategically placed near power.
Product: We will be ordering all new LED products upon being awarded this project. Due to the size and length of the
contract, we think it’s necessary to have NEW products to avoid dimness and lack of consistency in coloring that
occurs from sun damage use.
General Scope of Work (per Section 2.1): Refurbish/install/maintain/remove (47) Town owned displays to current
LED standards. Provide/Installation/testing/maintenance/repairs/removal/storage of the following: LED clusters in half
of the median trees’ canopies. Wrap the trunks and branches of (5) large, (10) medium and (14) small trees in the
medians. Warm white LED lights and spheres on (8) ramada shade structures. (1) 24’ led tree with base, power
cords/timers/adapters, misc supplies and lift fees.
Color coordination is TBD during walkthrough with Town Administrator.
Centennial Pavilion Displays: Finalized placement to be determined during walkthrough with Town based on
display size, space, color, theme and functionality.
ZONE 1: ZONE 5:
A. Angel Display B. Locomotive Display
ZONE 2: P. Wagon Display
Q. Bike Display ZONE 6:
R. Dog 1 Display M. Train w/ Presenter
S. Dog 2 Display O. Kite Display
ZONE 3: ZONE 7:
C. Train w/ Bear Display K. Skier Display
T. Sleigh Display L. Stocking Display
U. Present 1 Display ZONE 8:
V. Present 2 Display D. Deer 1 Display
ZONE 4: E. Deer 2 Display
H. Candy Cane 1 Display F. Deer 3 Display
I. Candy Cane 2 Display G. Baby Deer Diplay
J. Candy Cane 3 Display
N. Frosty Display
2021-RFP-012 CUSTOM HOLIDAY LIGHTS, LLC.
V. 7.2.4 Project Approach
Centennial Pavilion Displays: Finalized placement
will be determined during walkthrough with Town
based on display size, space, color, theme and
functionality.
A. 5-piece Manger Scene
B. 1-piece animated flying Angel
C. 1-piece color Camel & Wiseman
D. 2-piece color Wisemen
E. 1-piece Seasons Greetings sign
F. 1-piece Happy Holiday sign
G. 4-piece color Animated Elf scene
H. 3-piece animated Train set
I. 8.75’ tall Saguaro w/ Star
J. 10’ tall Saguaro
K. 2-piece 8’ tall Cowboys
L. 1-piece animated Campfire
2021-RFP-012 CUSTOM HOLIDAY LIGHTS, LLC.
V. 7.2.4 Project Approach
7.2.4.B Alternate Approach:
Additional items outside of General Scope of Work (within established budget):
Provide/Installation/testing/maintenance/repairs/removal/storage of the following:
- Bark wrapping LED lights on (2) 50-80’ pine trees with approximately 50 large ornaments per tree
- Trunk wrap (3) tall palms in front of City Hall
- Hang lit sprays in (6) 15-25’ maple trees
- Decorate canopies of (12) olive trees with clusters.
- Hang falling lights in (2) cucumber tree canopies
- Wrap red/silver garaland up the posts on (17) light poles
- Suspend runs of lights from tree to tree, each with approximately 30-50’ of lighting paired with a
selfie station!
Additional items (recommendations for current or future seasons):
Provide/Installation/testing/maintenance/repairs/removal/storage of the following:
- (2) 8’ Wreaths installed at fascia of City Hall building
- (1) RGB 30’ panel tree
- Add controllers to provide motion and sound to displays
- Implement more RGB lighting on the existing trees versus the current static lights
- (8) wreaths and panels near water features
- Additional sprays and clusters in tree canopies
- Holiday banners for (17) light poles
- Wrap trees at centinnial park
2021-RFP-012 CUSTOM HOLIDAY LIGHTS, LLC.
VI. 7.2.5 Project Schedule
7.2.5 Project Schedule:
Custom Holiday Lights begins planning the schedule in February for the following season. This allows us to
forecast our year, allow for adjustments, maintenance, and the abilitiy to follow strict timelines without issue
throughout the season. CHL completes monthly maintenance on all vehicles and equipment. With our extensive
fleet of vehicles, equipment, lifts, and trailers we are prepared if any technical issues are to arise. We also have a
close relationship with United Rentals as a backup, and our own mechanics to guarantee not only safety, but any
repairs needed in a timely fashion. We will also be strategically planning our installation times to avoid heavy traffic
times as a way to keep our employees safe and to prevent delays during installation.
Once installation has commenced, our supervisors submit completed work orders daily to keep office staff up to
date of progress, decifer if additional team members are needed, and notate any issues that may occur. These
progress updates could be submitted weekly to the Town, unless otherwise directed, to allow all parties to be on
the same page.
In addition, the owner of the company will be on site, at a minimum, of every three days during the installation
process to review the work being completed, making sure it meets or exceeds his standards, provide additional
accountability that timelines are being met, and reviewing safety measures.
Please see below for the rough outline for installation, pending the Town's approval. These dates are flexible and
can be modified at Town’s request. With these timelines, we are allotted extra time if adjustments are needed, if
weather delays the project, or any other unforseen issues arise.
April 27th 2022: Contract start date.
Week of May 9th 2022: Transport all ground displays to our Scottsdale warehouse to test all displays.
Week of May 16th 2022: Schedule walk through with the Town’s Administrator to walk the property and collectively
go over the design to finalize scope of work and color schemes.
Week of May 23rd 2022: Process/receive purchase order for all NEW product. Test product upon delviery.
Week of June 13th 2022: Refubrish/update ground display décor to meet current and functional LED standards.
Week of August 15th 2022: Complete walk through with Town staff and party responisble for overseeding to
review/confirm details, power locations and layouts.
Week of August 22nd 2022: Project Manager/Designer complete walkthrough design, project outline, timelines,
etc. with Field Manager and Project Supervisor.
Month of September: Trunk wrap all trees on the Avenue of the Fountain & Centennial Pavillion.
Month of October: Install all LED lights and ornaments in tree canopies.
Weeks of November 1st – 14th: Install all LED ground displays and Christmas tree. Run power to all areas of
display and set timers to off.
Week of November 21st 2022: Complete final walk through with Town Administrator to review all displays and
aspects of installation to ensure it meets the Town’s satisfaction, allwoing for any changes to be made prior to the
event. Test all lights and decorations. Set timers to 6pm-12am.
November 29th 2022 – January 1st 2023: Complete preventative maintenance and repairs of all functions relating
to the Holiday Display and Deocrations.
Stroll in the Glow Event (TBD): Assist Town staff with any lighting needs during the lighting ceremony. Crew will
be on site prior to the event and during the event (4-8pm), unless otherwise specified by the Town.
TBD: Additional walk throughs with Town Administrator to review the lighting and displays.
January 1st-12th 2023: Set timers to off. Remove all aspects of holiday lighting and displays and power
supplies.Transport all Town owned lighting and displays to Scottsdale Warehouse location. All lights and displays
to be tested and inventoried upon storage.
2021-RFP-012 CUSTOM HOLIDAY LIGHTS, LLC.
VII. 7.2.6 Pricing
General Scope of Work & Cost per Section 2.1:
Additional Items Included within Budget:
Alternate Approach
Costs:
2021-RFP-012 CUSTOM HOLIDAY LIGHTS, LLC.
VII. 7.2.6 Pricing