Office of Arts + Culture
The Phoenix Office of Arts and Culture was established in 1985 to champion and sustain the City's arts and culture community to make Phoenix a great place to live, work, and visit.
Our Commitment
The City of Phoenix Office of Arts and Culture believes in fair treatment, access, and opportunity for all individuals. Our equity strategy aims to identify and eliminate barriers that have prevented marginalized groups' full participation from the agency's programs and to strengthen equity, diversity, and inclusion in the arts and culture sector for all Phoenix residents.
The City of Phoenix fully endorses and supports the concept of equal business and employment opportunities for all persons, regardless of race, color, age, sex, religion, national origin, genetic information, marital status, disability, sexual orientation, or gender identity or expression.
Land Acknowledgement:
The Phoenix Office of Arts and Culture acknowledges that modern-day Phoenix is on the traditional lands of the Akimel O’odham (Pima) and the Tohono O’odham and before that their ancestors (Hohokam) as well as the Pee-Posh (Maricopa). We honor the elders of both past and present, as well as future generations that enable us to live here today. Further, we acknowledge the sovereignty of the 22 Tribal Nations who continue to steward the lands that make up the state of Arizona.
Transparency Policy Beginning on the date this RFQ (hereinafter referred to as the “Call”) is issued and until the date a contract is awarded or the Call withdrawn, all persons or entities that respond to this Call for the services outlined below, including their employees, agents, representatives, proposed partner(s), subcontractor(s), joint venture(s), member(s), or any of their lobbyists or attorneys, (collectively, the “Respondent”) must refrain from any direct or indirect contact with any person (other than the designated procurement officer) who may play a part in the selection process, including members of the evaluation panel, the City Manager, Assistant City Manager, Deputy City Managers, department heads, the Mayor and other members of the Phoenix City Council. As long as the solicitation is not discussed, Respondents may continue to conduct business with the City and discuss business that is unrelated to the solicitation with City staff.
Respondents may discuss their proposal or this Call with the Mayor or one or more members of the Phoenix City Council, provided such meetings are scheduled through Romeo Rabusa, Procurement Officer, conducted in person at 200 West Washington, Phoenix, Arizona 85003, and are posted as open meetings with the City Clerk at least twenty-four (24) hours prior to the scheduled meetings. The City Clerk will be responsible for posting the meetings. The posted notice shall identify the participants and the subject matter and invite the public to participate. Romeo Rabusa’s contact info is romeo.rabusa@phoenix.gov.
This policy is intended to create a level playing field for all Respondents, assure that contracts are awarded in public, and protect the integrity of the selection process. RESPONDENTS THAT VIOLATE THIS POLICY SHALL BE DISQUALIFIED.
Scope of Work The selected artists will be expected to create major artworks that may be incorporated into the building security barriers, fences or planters that can be experienced from multiple perspectives inside and outside the locations. The artists/artist teams will be required to work closely with the design team to incorporate the artwork into the architectural design and construction documents. The artist will be expected to review concepts with the city and the design team in multiple in person and online meetings, as needed. Because of the secure nature of the facility, artists may be required to agree that certain design documents and security information remain confidential indefinitely.
Applicants to this project may be considered for additional public art project opportunities advertised by the Phoenix Office of Arts and Culture.
Contact information: The City contact for this Call is Romeo Rabusa, Procurement Officer (the “City Contact”). Any questions relating to this Call to Artist shall be directed, in writing, to Romeo Rabusa via email (romeo.rabusa@phoenix.gov) or phone (602-534-8334). To be considered, such questions must be received by April 18th, 2022, at 12:00 noon (Phoenix Time).
If a Respondent believes that any portion of this Call is ambiguous, inconsistent or contains an error, the Respondent shall promptly notify the City Contact of the apparent discrepancy before April 18th, 2022. If the Respondent fails to notify the City Contact of the discrepancy before that date, the Respondent’ shall be deemed to have waived any such claim of ambiguity, inconsistency or error in this Call.
Evaluation and Selection A selection panel will be convened by the Phoenix Office of Arts and Culture. Members of the panel will include arts professionals, city staff, and community members. Non-voting advisors to the panel may include additional city staff. The panel will review the work of all applicants before recommending artworks to purchase.
Responses to this Call should be concise, well organized and provide the requested information. Responses lacking the necessary information will not be considered.
At the selection panel meeting, artist will be selected from the pool of applicants using a 20-point system. The scoring will be based upon the following distribution of possible points:
- Demonstrated artistic quality of previously completed artwork. (Work samples may include but are not limited to murals, sculpture, installations, outdoor spaces etc.) 10 points
- Potential to create an impactful design for this public project. (Work samples should show completed projects demonstrating your potential to design a large scale 2D design.) 5 points
- Experience in collaborative design work and community engagement (Collaborative work experience can be described in your Statement of Intent and does not have to be art related.) 5 points
After evaluating submissions, the City, at the request of the Evaluation Committee, may ask some or all Respondents to submit supplemental information or to participate in interviews.
Terms and Conditions Any Respondent that submits a response to this Call shall be deemed to agree to the following terms and conditions if they perform work for the City of Phoenix (the “City”):
Incurred Costs: Each Respondent will be responsible for all costs incurred in preparing a response to this Call. All materials and documents submitted by the Respondent in response to this Call or any additional requests for materials and documents made by the City for evaluation pursuant to this Call will become the property of the City and will not be returned. Respondents selected by the City to move forward in this project may be eligible to receive assistance with costs incurred as part of this Call to Artist. Respondents asked to provide supplemental information or participate in interviews may be eligible for financial assistance depending on project budget. Further information will be provided as deemed appropriate by the City. Respondents should assume that no reimbursement will be provided unless the City explicitly indicates otherwise.
Reservation of Rights by City
The City is not obligated to accept any submittal or to negotiate with any Respondent. The City reserves the right to accept submittals which are deemed most favorable and in the best interests of the City after all submittals have been examined and canvassed, to reject any or all submittals, and to be the sole judge of the Respondents best suited for the City.
The issuance of this Call and the acceptance of any response to this Call does not constitute an agreement by the City that any contract shall actually be entered into by the City.
Right to Disqualify: The City reserves the right to disqualify from consideration for any City work any Respondent who fails to provide information or data requested or who provides materially inaccurate or misleading information or data. The City further reserves the right to disqualify from consideration for any City work any Respondent on the basis of any real or apparent conflict of interest that is disclosed by the Respondent or discovered through any other data or information available to the City. This disqualification is at the sole discretion of the City. By submission of an RFQ response, each Respondent waives any right to object now or at any future time, before anybody or agency (including, but not limited to, the City Council of the City or any court) as to the exercise by the City of such right to disqualify or as to any disqualification by reason of real or apparent conflict of interest determined by the City.
Applicable Law: Any and all disputes arising under any contract resulting from this Call or otherwise in connection with this Call, shall be governed according to the laws of the State of Arizona, and the Respondent submitting a Call response agrees that the venue for any action brought to enforce provisions of a contract resulting from this Call shall be in the State of Arizona.
Compliance with Laws: Respondents who successfully obtain a City contract shall comply with all applicable laws, ordinances, statutes, codes, rules and regulations in the course of performing their duties under the contract.
No Verbal Agreements: No verbal agreement or conversation with any officer, agent, or employee of the City either before or after execution of any contract, if any, shall affect or modify any of the terms or obligations contained or to be contained in such contract. Any such verbal agreements or conversation shall be considered as unofficial information and in no way binding upon the City or any Respondent selected from the Call to enter into an agreement. All agreements shall be made in writing and contract changes shall be made by written amendment signed by both parties.
Non-waiver of Liability: The City, as a public entity supported by tax monies, in execution of its public trust, cannot agree to waive any lawful or legitimate right to recover monies lawfully due it. Therefore, any Respondent submitting a Call response agrees that it will not insist upon or demand any statement whereby the City agrees to limit in advance or waive any right the City might have to recover actual lawful damages in any court of law under applicable Arizona law.
Fund Appropriation Contingency: The continuation of any contract after the close of any given fiscal year of the City of Phoenix, which fiscal years end on June 30 of each year, shall be subject to the approval of the budget of the City of Phoenix providing for or covering such agreement item as an expenditure therein. The City does not represent that said budget item will be actually adopted, said determination being the determination of the City Council at the time of the adoption of the budget.
Additional Terms and Conditions The following terms and conditions shall apply, be incorporated and made a part of any contract resulting from this Call:
Employment Disclaimer: Any Respondent that enters into a contract with the City as a result of this Call agrees it is not intended to constitute, create, give rise to, or otherwise recognize a joint venture, partnership or formal business association or organization of any kind, and the rights and obligations of the parties shall be only those expressly set forth in the contract. The Respondent shall agree that no individual performing under such contract on behalf of the Respondent will be considered a City employee, and that no rights of City Civil Service, City retirement or City personnel rules shall accrue to such individual. Such Respondent shall have total responsibility for all salaries, wages, bonuses, retirement, withholdings, worker’s compensation, other employee benefits, and all taxes and premiums appurtenant thereto concerning such individual and shall save and hold harmless the City with respect thereto.
Legal Worker Requirements
The City is prohibited by A.R.S. § 41-4401 from awarding a contract to any Respondent who fails, or whose subcontractors fail, to comply with A.R.S. § 23-214(A). Therefore, any Respondent that enters into a contract with the City as a result of this Call agrees that:
- The Respondent and each subcontractor it uses warrants their compliance with all federal immigration laws and regulations that relate to their employees and their compliance with A.R.S. § 23-214, Subsection A.
- A breach of warranty under paragraph a. shall be deemed a material breach of the contract and is subject to penalties up to and including termination of the contract.
- The City retains the legal right to inspect the papers of the Respondent or subcontractor employee(s) who work(s) on the contract to ensure that the Respondent or subcontractor is complying with the warranty under Paragraph a.
Lawful Presence Requirement: Any Respondent that enters into a contract with the City as a result of this Call agrees that pursuant to A.R.S. §§ 1-501 and 1-502, the City is prohibited from awarding a contract to any natural person who cannot establish that such person is lawfully present in the United States. To establish lawful presence, if Respondent is a person, Respondent will agree to produce qualifying identification and sign a City-provided affidavit affirming that the identification provided is genuine. This requirement will be imposed at the time of contract award. This requirement does not apply to business organizations such as corporations, partnerships or limited liability companies.
Transactional Conflicts of Interest: Each Respondent that enters into any contract resulting from this Call submittal agrees that the contract is subject to cancellation by the City pursuant to the provisions of A.R.S. §38-511.
General Insurance Requirements: Artists selected for City of Phoenix projects must procure and maintain insurance until all of its obligations under the resulting agreement have been discharged, including any warranty periods under this Agreement. These insurance requirements are minimum requirements and in no way limit the indemnity covenants contained in this Contract. The City in no way warrants that the minimum limits stated in this section are sufficient to protect the Artist from liabilities that might arise from or in connection with the performance of the contract services by the artist, its agents, representatives, employees or subcontractors.
1. COVERAGE LIMITS
The selected artist(s) shall provide coverage with limits of liability not less than those stated below.
A. Worker's Compensation and Employers' Liability
Workers' Compensation Statutory
Employers' Liability
Each Accident $100,000
Disease – Each Employee $100,000
Disease – Policy Limit $500,000
i. The policy shall contain a waiver of subrogation against the City of Phoenix.
ii. Artist’s subconsultants shall be subject to the same minimum requirements identified above.
iii. This requirement shall not apply when a contractor or subcontractor is exempt under A.R.S. § 23-902(E), AND when such contractor or subcontractor executes the appropriate sole proprietor waiver form.
B. Automobile Liability
Bodily injury and property damage for any owned, hired, and non-owned vehicles used in the performance of the contract
Combined Single Limit (CSL) $1,000,000
i. The policy shall be endorsed to include the City of Phoenix as an additional insured with respect to liability arising out of the activities performed by, or on behalf of the Artist.
ii. Artist's subconsultants shall be subject to the same minimum requirements identified in this section.
iii. Artist’s insurance coverage must be primary and non-contributory with respect to all other available sources.
Notice of Cancelation: For each insurance policy required by the insurance provisions of this Contract, the Contractor must provide to the City, within two business days of receipt, a notice if a policy is suspended, voided or cancelled for any reason. Such notice must be mailed, emailed, hand delivered or sent by facsimile transmission to:
Romeo Rabusa, Procurement Officer
City of Phoenix Office of Arts and Culture
200 West Washington Street, 10th Floor
Phoenix Arizona 85003-1611
Email: romeo.rabusa@phoenix.gov
Phone: 602-534-8334
Fax: 602-262-6914
Verification of Coverage: Contractor must furnish the City with certificates of insurance (ACORD form or equivalent approved by the City) as required by this Contract. The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf.
All certificates and any required endorsements are to be received and approved by the City before work commences. Each insurance policy required by this Contract must be in effect at or prior to commencement of work under this Contract and remain in effect for the duration of the project. Failure to maintain the insurance policies as required by this Contract or to provide evidence of renewal is a material breach of contract.
All certificates required by this Contract must be sent directly to:
Romeo Rabusa, Procurement Officer
City of Phoenix Office of Arts and Culture
200 West Washington Street, 10th Floor
Phoenix Arizona 85003-1611
Email: romeo.rabusa@phoenix.gov
Phone: 602-534-8334
Fax: 602-262-6914
The City project/contract number and project description must be noted on the certificate of insurance. The City reserves the right to require complete, certified copies of all insurance policies required by this Contract at any time. DO NOT SEND CERTIFICATES OF INSURANCE TO THE CITY’S RISK MANAGEMENT DIVISION.
Subcontractors: Contractors’ certificate(s) must include all subcontractors as additional insureds under its policies or Contractor must furnish to the City separate certificates and endorsements for each subcontractor. All coverages for subcontractors must be subject to the minimum requirements identified above.
Indemnification: The Artist agrees to indemnify, defend, and hold harmless the City and its officers, agents, and employees from and against all Claims (as defined below) suffered or incurred by the City as a result of any claim that the Artwork, the Artwork Design, or any other work or service provided by the Artist in connection with this Agreement, infringes any patent, copyright, trademark, trade secret, or other intellectual property right(s) of a third party.
1. Indemnification of City
The Artist shall indemnify, defend, and hold harmless the City and its officers, officials, agents and employees (“Indemnitee”) from and against any and all claims, actions, liabilities, damages, losses or expenses (including court costs, attorneys’ fees, and costs of claim processing, investigation and litigation) (“Claims”) caused or alleged to be caused, in whole or in part, by the wrongful, negligent or willful acts, or errors or omissions, of the Artist or any of its owners, officers, directors, agents, employees, or subcontractors in connection with this Agreement. This indemnity includes any claim or amount arising out of or recovered under workers’ compensation law or on account of the failure of the Artist to conform to any federal, state or local law, statute, ordinance, rule, regulation, or court decree. The Artist must indemnify Indemnitee from and against any and all Claims, except those arising solely from the Indemnitee’s own negligent or willful acts or omissions. The Artist is responsible for primary loss investigation, defense and judgment costs where this indemnification applies. In consideration of the award of this Agreement, the Artist agrees to waive all rights of subrogation against Indemnitee for losses arising from or related to this Agreement. The obligations of Artist under this provision survive the termination or expiration of this Agreement.
2. Artist’s Obligations for Work of Third Party
If any part of the Artist’s Services depends on proper execution or results upon the work of a third party, the Artist shall immediately report to the City any apparent discrepancies or other defects in such other work that renders it unsuitable for proper execution or results. The Artist shall not be responsible for any liability or failure to fulfill the Artist's obligations due to such reported discrepancies or defects.
