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Home My WebLink AboutAGENDApacket__02-04-25_0543_676 NOTICE OF MEETING REGULAR MEETING FOUNTAIN HILLS TOWN COUNCIL Mayor Gerry M. Friedel Vice Mayor Hannah Toth Councilmember Gayle Earle Councilmember Brenda Kalivianakis Councilmember Rick Watts Councilmember Peggy McMahon Councilmember Allen Skillicorn TIME:5:30 P.M. – REGULAR MEETING WHEN:TUESDAY, FEBRUARY 4, 2025 WHERE: FOUNTAIN HILLS COUNCIL CHAMBERS 16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ Councilmembers of the Town of Fountain Hills will attend either in person or by telephone conference call; a quorum of the Town’s various Commission, Committee or Board members may be in attendance at the Council meeting. Notice is hereby given that pursuant to A.R.S. §1-602.A.9, subject to certain specified statutory exceptions, parents have a right to consent before the State or any of its political subdivisions make a video or audio recording of a minor child. Meetings of the Town Council are audio and/or video recorded and, as a result, proceedings in which children are present may be subject to such recording. Parents, in order to exercise their rights, may either file written consent with the Town Clerk to such a recording, or take personal action to ensure that their child or children are not present when a recording may be made. If a child is present at the time a recording is made, the Town will assume that the rights afforded parents pursuant to A.R.S. §1-602.A.9 have been waived. REQUEST TO COMMENT Instructions The public is welcome to participate in Council meetings. TO SPEAK TO A CONSENT OR REGULAR AGENDA ITEM, complete a Request to Comment card and hand it to the Town Clerk prior to discussion of that item. Include the agenda item NUMBER on which you wish to comment. A separate submission is required for each agenda item. Request to Comment cards will not be accepted once the Council deliberations begin. Submit a Request to Comment card prior to a public hearing agenda item. TO COMMENT ON A CONSENT OR REGULAR AGENDA ITEM IN WRITING ONLY, complete a Request to Comment card, indicating that it is a written comment, check the box on whether you are FOR or AGAINST a consent or regular agenda item, and hand it to the Town Clerk prior to discussion on that item. A separate submission is required for each agenda item. TO SPEAK TO CALL TO THE PUBLIC, complete a Request to Comment card and hand it to the Town Clerk. Speakers will be allowed three contiguous minutes to address the Council. Verbal comments should be directed through the Presiding Officer and not to individual Councilmembers. TO COMMENT IN WRITING ONLINE: Visit https://www.fountainhillsaz.gov/publiccomment and submit a Request to Comment card by 3:00 PM on the day of the meeting. These comments are shared with the Town Council. This Request to Comment card, and any information you write on it, is a public record subject to public disclosure. NOTICE OF OPTION TO RECESS INTO EXECUTIVE SESSION Pursuant to A.R.S. §38-431.02, notice is hereby given to the members of the Town Council, and to the general public, that at this meeting, the Town Council may vote to go into executive session, which will not be open to the public, for legal advice and discussion with the Town's attorneys for legal advice on any item listed on the following agenda, pursuant to A.R.S. §38-431.03(A)(3). 1.CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Friedel 2.INVOCATION 3.ROLL CALL – Mayor Friedel 4.STATEMENT OF PARTICIPATION 5.REPORTS BY MAYOR, COUNCILMEMBERS AND TOWN MANAGER A.PROCLAMATION: Designation of January as Anti-Human Trafficking Month. 6.PRESENTATIONS A.PRESENTATION: Development Impact Fee Overview Presented by TischlerBise President Carson Bise. 7.CALL TO THE PUBLIC Pursuant to A.R.S. §38-431.01(H), public comment is permitted (not required) on matters NOT listed on the agenda. Any such comment (i) must be within the jurisdiction of the Council, and (ii) is subject to reasonable time, place, and manner restrictions. The Council will not discuss or take legal action on matters raised during Call to the Public unless the matters are properly noticed for discussion and legal action. At the conclusion of the Call to the Public, individual councilmembers may (i) respond to criticism, (ii) ask staff to review a matter, or (iii) ask that the matter be placed on a future Council agenda. 8.CONSENT AGENDA ITEMS All items listed on the Consent Agenda are considered to be routine, noncontroversial matters and will be enacted by one motion of the Council. All motions and subsequent approvals of consent items will include all recommended staff stipulations unless otherwise stated. There will be no separate discussion of these items unless a councilmember or member of the public so requests. If a councilmember or member of the public wishes to discuss an item on the Consent Agenda, he/she may request so prior to the motion to accept the Consent Agenda or with notification to the Town Manager or Mayor prior to the date of the meeting for which the item was scheduled. The items will be removed from the Consent Agenda and considered in its Town Council Regular Meeting of February 4, 2025 2 normal sequence on the agenda. A.CONSIDERATION AND POSSIBLE ACTION: Approving the Town Council Regular Meeting Minutes of December 17, 2024. B.CONSIDERATION, AND POSSIBLE ACTION: Approval of an application for a Series 014 Club Liquor License through the Arizona Department of Liquor Licenses and Control for the Fountain Hills Elks Lodge No. 2846, located at 16726 E. El Pueblo Blvd., Suite B, Fountain Hills, Arizona 85268. C.CONSIDERATION AND POSSIBLE ACTION: Approval of an application for a Series 011 Hotel/Motel Liquor License through the Arizona Department of Liquor Licenses and Control for Adero Scottsdale, located at 13225 N Eagle Ridge Drive, Fountain Hills, Arizona 85268. D.CONSIDERATION AND POSSIBLE ACTION: Approval of an application for a Series 010 Beer and Wine Store Liquor License through the Arizona Department of Liquor Licenses and Control for Adero Scottsdale, located at 13225 N Eagle Ridge Drive, Fountain Hills, Arizona 85268. E.CONSIDERATION AND POSSIBLE ACTION: Resolution 2025-02, abandoning the 10' Public Utility and Drainage Easement along the western property line of 16208 E Ocotillo Drive (Application A24-000017). F.CONSIDERATION OF Adoption of Resolution 2025-01 Authorizing the renewal of the Town of Fountain Hills' membership in the Arizona Metropolitan Trust. 9.REGULAR AGENDA A.CONSIDERATION AND POSSIBLE ACTION: Consideration of extending SUP 23-000006 for property located at 16822-16830 E. El Pueblo Blvd. to allow up to 7 residential dwellings in CC, Common Commercial, zoned property. B.CONSIDERATION AND POSSIBLE ACTION: A waiver of the standards set forth in Section 5.03, Cut and Fill Standards, of the Subdivision Ordinance to allow fill in excess of 10' in height on property located at 15457 E Sycamore Drive. C.CONSIDERATION AND POSSIBLE ACTION: Approving the Second Amendment to Cooperative Purchasing Agreement 2023-069 With Roadsafe Traffic Systems. D.CONSIDERATION AND POSSIBLE ACTION: Relating to any item included in the League of Arizona Cities and Towns' weekly Legislative Bulletin(s), or relating to any action proposed or pending before the State Legislature. 10.COUNCIL DISCUSSION/DIRECTION to the TOWN MANAGER Item(s) listed below are related only to the propriety of (i) placing such item(s) on a future agenda for action, or (ii) directing staff to conduct further research and report back to the Council. 11.FUTURE AGENDA ITEMS 12.ADJOURNMENT Dated this 30th day of January, 2025. Town Council Regular Meeting of February 4, 2025 3 Dated this 30th day of January, 2025. Kandace French Contreras, Town Clerk The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 480-816-5100 (voice) or 1-800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to participate in the meeting or to obtain agenda information in large print format. Supporting documentation and staff reports furnished the Council with this agenda are available for review in the Clerk's Office. On the day of the Council Meeting, the Council Chamber doors open at 5:15 p.m. for public seating. Town Council Regular Meeting of February 4, 2025 4 ITEM 5. A. TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Date: 02/04/2025 Meeting Type: Town Council Regular Meeting Agenda Type: Reports Submitting Department: Administration Prepared by: Angela Padgett-Espiritu, Town Clerk Staff Contact Information: Request to Town Council Regular Meeting (Agenda Language): PROCLAMATION: Designation of January as Anti-Human Trafficking Month. Staff Summary (Background) Mayor Friedel will proclaim January as Anti-Human Trafficking Month. Attachments PROCLAMATION: Designation of January as Anti-Human Trafficking Month Form Review Form Started By: Angela Padgett-Espiritu Started On: 01/22/2025 02:26 PM Final Approval Date: 01/22/2025 ITEM 6. A. TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Date: 02/04/2025 Meeting Type: Town Council Regular Meeting Agenda Type: Presentations Submitting Department: Administration Prepared by: Paul Soldinger, Chief Financial Officer Staff Contact Information: Paul Soldinger, Chief Financial Officer Request to Town Council Regular Meeting (Agenda Language): PRESENTATION: Development Impact Fee Overview Presented by TischlerBise President Carson Bise. Staff Summary (Background) The Town contracted with TischlerBise in November 2024 to begin completing a new development impact fee Land Use Assumptions and Infrastructure Improvements Plan report, in accordance with Arizona Revised Statutes 9-463.05(D)(3). The President of TischlerBise will present Mayor & Council with an overview of the process that will take place to adopt a new report, which will result in a new development impact fee structure. Attachments Presentation Form Review Inbox Reviewed By Date Town Attorney Aaron D. Arnson 01/22/2025 10:37 AM Interim Town Manager Town Attorney Town Manager Form Started By: Paul Soldinger Started On: 01/21/2025 03:43 PM Development Fee Overview Town of Fountain Hills, AZ February 4, 2025 2 TischlerBise, Inc. 40-year consulting practice serving local government nationwide ■Impact fees/infrastructure financing strategies ■Fiscal/economic impact analyses ■Capital improvement planning ■Infrastructure finance/revenue enhancement ■Real estate and market feasibility Apache Junction Avondale Buckeye Casa Grande Cave Creek Coolidge Eloy El Mirage Flagstaff Florence Fountain Hills Gilbert Glendale Goodyear Kingman Maricopa Nogales Oro Valley Payson Peoria Pinetop- Lakeside Queen Creek Safford Sedona Show Low Sierra Vista San Luis Somerton Surprise Tempe Tucson Wellton Yuma 3 Fountain Hills Impact Fee Study ■Development impact fee categories »Parks »Fire »Transportation 4 SB1525 ■Three integrated products »Land Use Assumptions (at least 10 years and approved by elected officials) »Infrastructure Improvements Plan (IIP) limited to 10 years(no build out analysis) »Development Fees part of broader revenue strategy ■Based on same Level-of-Service (LOS) provided to existing development ■Limitations on Necessary Public Services »3,000 square feet recreational facilities »No regional training facilities for public safety ■Refunds can be requested if improvements are not built 5 Legal and Methodology ■One-time payment for growth-related infrastructure, usually collected at the time buildings permits are issued ■Can’t be used for operations, maintenance, or replacement ■Not a tax but more like a contractual arrangement to build infrastructure, with three requirements »Need (system improvements, not project-level improvements) »Benefit o Short range expenditures o Geographic service areas and/or benefit districts ■Proportionate 6 Offsets ■Site specific »Developer constructs a capital facility included in fee calculations ■Debt service »Avoid double payment due to existing or future bonds ■Dedicated revenues »Property tax, local option sales tax, gas tax 7 Fee Methodologies ■Buy-In Approach (past) »New growth is “buying in”to the cost the community has already incurred to provide growth-related capacity »When applicable • Near build-out • Community has oversized facilities in anticipation of growth »Other common names • Recoupment • Cost-recovery 8 Fee Methodologies ■Consumption-Based Approach (present) »Formula-based approach based on existing levels of service • Park acres per capita • Square feet per person/job »Fee is based on the current cost to replicate existing levels of service (i.e., replacement cost) »Provides flexibility »Other Common Names • Replacement cost • Level of service approach 9 Fee Methodologies ■Plan-Based Approach (future) »Usually reflects an adopted CIP or master plan »May offer more “bang for the buck” • Growth-related costs are more refined »Will be scrutinized more closely by development community 10 Fee Methodology Considerations ■Available data to support the methodology »No adopted facility plans or “iffy”CIP • Incremental expansion »Long-term capital improvement plan or adopted facility master plans • Plan-based approach ■LOS of service reflected in capital plan? »Current LOS versus desired/adopted existing LOS »Is it financially feasible? »How will existing deficiencies be funded? 11 Better Proportionality ■Progressive residential fee structure »Improves proportionality »Can promote housing equity/affordability Bedrooms Square Feet Persons Sq Ft Range Persons 0-2 1,000 1.55 750 or Less 1.00 3 2,200 2.38 751 to 1,250 1.61 4 3,050 2.99 1,251 to 1,750 2.15 5+ 4,150 3.74 1,751 to 2,250 2.55 2,251 to 2,750 2.86 2,751 to 3,250 3.12 3,251 to 3,750 3.34 3,751 or More 3.53 Actual Averages per Housing Unit Persons per Housing Unit by Size Bedrooms Square Feet Trip Ends Sq Ft Range Trip Ends 0-2 1,000 4.96 750 or Less 3.44 3 2,200 8.12 751 to 1,250 5.33 4 3,050 9.76 1,251 to 1,750 7.03 5+4,150 11.70 1,751 to 2,250 8.27 2,251 to 2,750 9.25 2,751 to 3,250 10.06 3,251 to 3,750 10.75 3,751 or More 11.35 Actual Averages per Household Fitted-Curve Values 12 Questions? ITEM 8. A. TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Date: 02/04/2025 Meeting Type: Town Council Regular Meeting Agenda Type: Consent Submitting Department: Administration Prepared by: Kandace French Contreras, Town Clerk Staff Contact Information: Kandace French Contreras, Town Clerk Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION AND POSSIBLE ACTION: Approving the Town Council Regular Meeting Minutes of December 17, 2024. Staff Summary (Background) The intent of approving meeting minutes is to ensure an accurate account of the discussion and action that took place at the meeting for archival purposes. Approved minutes are placed on the town's website and maintained as permanent records in compliance with state law. Related Ordinance, Policy or Guiding Principle A.R.S. Section 38-431.01 Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommend approving the Town Council Regular Meeting Minutes of December 17, 2024. SUGGESTED MOTION MOVE to approve the Town Council Regular Meeting Minutes of December 17, 2024 as presented. Attachments 20254.12.17TCRegular Meeting Minutes Form Review Form Started By: Kandace French Contreras Started On: 01/22/2025 04:50 PM Form Started By: Kandace French Contreras Started On: 01/22/2025 04:50 PM Final Approval Date: 01/22/2025 ITEM 8. B. TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Date: 02/04/2025 Meeting Type: Town Council Regular Meeting Agenda Type: Consent Submitting Department: Administration Prepared by: Angela Padgett-Espiritu, Town Clerk Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION, AND POSSIBLE ACTION: Approval of an application for a Series 014 Club Liquor License through the Arizona Department of Liquor Licenses and Control for the Fountain Hills Elks Lodge No. 2846, located at 16726 E. El Pueblo Blvd., Suite B, Fountain Hills, Arizona 85268. Staff Summary (Background) The purpose of this item is to obtain the Town Council's recommendation regarding an application for a Series 014 Club Liquor License submitted by Samuel David Coffee, agent of the Fountain Hills Elks Lodge No. 2846, for submission to the Arizona Department of Liquor Licenses and Control. Staff reviewed the liquor license application and found that it is in full compliance with Town Ordinances. Related Ordinance, Policy or Guiding Principle A.R.S. §4-201; 4-202; 4-203; 4-205 and R19-1-102 and R19-1-311. Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends approval of the Series 014 Club Liquor License application. SUGGESTED MOTION MOVE to Approve the Series 014 Club Liquor License application for Fountain Hills Elks Lodge No. 2846. Attachments Series 14 Liquor License - Fountain Hills Elks Lodge Form Review Inbox Reviewed By Date Town Attorney Aaron D. Arnson 01/22/2025 07:45 PM Town Manager Rachael Goodwin 01/27/2025 08:30 AM Form Started By: Angela Padgett-Espiritu Started On: 01/14/2025 02:44 PM Final Approval Date: 01/27/2025 ITEM 8. C. TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Date: 02/04/2025 Meeting Type: Town Council Regular Meeting Agenda Type: Consent Submitting Department: Administration Prepared by: Angela Padgett-Espiritu, Town Clerk Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION AND POSSIBLE ACTION: Approval of an application for a Series 011 Hotel/Motel Liquor License through the Arizona Department of Liquor Licenses and Control for Adero Scottsdale, located at 13225 N Eagle Ridge Drive, Fountain Hills, Arizona 85268. Staff Summary (Background) The purpose of this item is to obtain the Town Council's recommendation regarding an application for a Series 011 Hotel/Motel Liquor License submitted by Andrea Dahlman Lewkowitz, agent of Adero Scottsdale, for submission to the Arizona Department of Liquor Licenses and Control. Staff reviewed the liquor license application and found that it is in full compliance with Town Ordinances. Related Ordinance, Policy or Guiding Principle A.R.S. §4-201; 4-202; 4-203; 4-205 and R19-1-102 and R19-1-311. Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends approval of the liquor license application. SUGGESTED MOTION MOVE to Approve a Series 011 Hotel/Motel Liquor License application for Adero Scottsdale. Attachments Series 11 Hotel/Motel - Adero Scottsdale Form Review Inbox Reviewed By Date Town Attorney Aaron D. Arnson 01/22/2025 07:45 PM Town Manager Rachael Goodwin 01/27/2025 08:30 AM Form Started By: Angela Padgett-Espiritu Started On: 01/22/2025 03:34 PM Final Approval Date: 01/27/2025 ITEM 8. D. TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Date: 02/04/2025 Meeting Type: Town Council Regular Meeting Agenda Type: Consent Submitting Department: Administration Prepared by: Angela Padgett-Espiritu, Town Clerk Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION AND POSSIBLE ACTION: Approval of an application for a Series 010 Beer and Wine Store Liquor License through the Arizona Department of Liquor Licenses and Control for Adero Scottsdale, located at 13225 N Eagle Ridge Drive, Fountain Hills, Arizona 85268. Staff Summary (Background) The purpose of this item is to obtain the Town Council's recommendation regarding an application for a Series 010 Beer and Wine Store Liquor License submitted by Andrea Dahlman Lewkowitz, agent of Adero Scottsdale, for submission to the Arizona Department of Liquor Licenses and Control. Staff reviewed the liquor license application and found that it is in full compliance with Town Ordinances. Related Ordinance, Policy or Guiding Principle A.R.S. §4-201; 4-202; 4-203; 4-205 and R19-1-102 and R19-1-311. Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends approval of the liquor license application. SUGGESTED MOTION MOVE to Approve a Series 010 Beer and Wine Store Liquor License application for Adero Scottsdale. Attachments Series 010 Beer and Wine Store- Adero Scottsdale Form Review Inbox Reviewed By Date Town Attorney Aaron D. Arnson 01/22/2025 07:45 PM Town Manager Rachael Goodwin 01/27/2025 08:30 AM Form Started By: Angela Padgett-Espiritu Started On: 01/22/2025 04:29 PM Final Approval Date: 01/27/2025 ITEM 8. E. TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Date: 02/04/2025 Meeting Type: Town Council Regular Meeting Agenda Type: Consent Submitting Department: Public Works Prepared by: David Janover, Town Engineer Staff Contact Information: Justin Weldy, Public Works Director Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION AND POSSIBLE ACTION: Resolution 2025-02, abandoning the 10' Public Utility and Drainage Easement along the western property line of 16208 E Ocotillo Drive (Application A24-000017). Staff Summary (Background) This is a proposal to abandon the pre-incorporation 10' Public Utility and Drainage Easement along the western property line of Plat 423, Block 3, Lot 21 (16208 E Ocotillo Drive). Vincent Palumbo and Kathryn Kitsakos Palumbo, the owners of the property, are planning to improve the landscape and may expand their garage space, which would encroach into the existing easement. Staff have reviewed the site to determine the potential on-site drainage issues in addition to the Town's general interest in the easement. There is no need for the Town to retain the drainage easement proposed to be abandoned, with the understanding that the owner of the lot is required to pass the developed flows generated by the upstream lots across their property. All public utilities have approved the abandonment of this easement. Related Ordinance, Policy or Guiding Principle N/A Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends adoption of Resolution 2025-02. SUGGESTED MOTION MOVE to adopt Resolution 2025-02. Attachments Exhibit A: Survey Vicinity Map Aerial Photo Map Res 2025-02 Form Review Inbox Reviewed By Date Development Services Director John Wesley 01/22/2025 01:19 PM Town Attorney Aaron D. Arnson 01/22/2025 07:45 PM Town Manager Rachael Goodwin 01/27/2025 08:32 AM Form Started By: David Janover Started On: 01/13/2025 09:34 AM Final Approval Date: 01/27/2025 EXHIBIT "A" TOWN OF FOUNTAIN HILLS EASEMENT ABANDONMENT LOT 21 A24-000017 BEELINE H W Y SHEA BLVD PAL I S A D E S B L V D SAGUARO BLVD SAGU A R O B L V D PALIS A D E S B L V D PALISA D E S B L V D S A G U A R O B L V D FO U N T A I N H I L L S B L V D McDOWELL M O U N T A I N R D F O U N T A I N H I L L S B L V D SUN R I D G E D R EL L A G O B L V D AVENU E O F T H E FOUNT A I N S PA N O R A M A D R EAG L E M O U N T A I N PKW Y CR E S T V I E W D R PALO M I N O B L V D SIERRA M A D R E GRANDE B L V D G O L D E N E A G L E B L V D E A G L E R I D G E D R VICINITY MAP TOWN OF FOUNTAIN HILLS NORTH SCALE: 1" = 3500' A ll that is A r i z o n a F O U N T AIN HI L L S TOWN OF INC. 1989 TOWN HALL DEVELOPMENT SERVICES DEPARTMENT SCOTTSDALE McDOWELL MOUNTAIN PARK FO R T M c D O W E L L Y A V A P A I N A T I O N SALT RIVER PIMA MARICOPA INDIAN COMMUNITY TOWN BOUNDARY SCOTTSDALE 16208 E Ocotillo Dr A24-000017 DEVELOPMENT SERVICES AERIAL PHOTO MAP A ll that is A r i z o n a F O U N T AIN HI L L S T OWN OF INC. 1989 2023 AERIAL ZONING:R1-35 ABANDON 10' P.U.E. & D.E. LOT 20 LOT 22 OCOT I L L O D R LOT 21 RETAIN 20' P.U.E. & D.E. COLONY WASH PARCEL "E" COLONY WASH PARCEL "D" PARCEL "E" RESOLUTION 2025-02 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST IT HAS IN THE PRE- INCORPORATION 10' PUBLIC UTILITY AND DRAINAGE EASEMENT ALONG THE WESTERN PROPERTY LINE OF PLAT 423, BLOCK 3, LOT 21 (16208 E OCOTILLO DRIVE), FOUNTAIN HILLS, ARIZONA, AS RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF MARICOPA COUNTY, ARIZONA, BOOK 149 OF MAPS, PAGE 31. WHEREAS, the Mayor and Council of the Town of Fountain Hills (the “Town Council”), as the governing body of real property located in the Town of Fountain Hills (the “Town”), may require the dedication of public streets, sewer, water, drainage, and other utility easements or rights-of-way within any proposed subdivision; and WHEREAS, the Town Council has the authority to accept or reject offers of dedication of private property by easement, deed, subdivision, plat or other lawful means; and WHEREAS, all present utility companies have received notification of the proposed abandonment. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, as follows: SECTION 1. That the certain public utility and drainage easement, located at the western property line of Plat 423, Block 3, Lot 21 (16208 E Ocotillo Drive), Fountain Hills, Arizona, as recorded in the Office of the County Recorder of Maricopa County, Arizona, Book 149 of Maps, Page 31, and as more particularly described in Exhibit A, attached hereto and incorporated herein by reference, is hereby declared to be abandoned by the Town. Certain lots within this subdivision are subject to lot-to-lot drainage runoff. The property owner is required to pass the developed flows generated by the upstream lots across their property. SECTION 2. That this Resolution is one of abandonment and disclaimer by the Town solely for the purpose of removing any potential cloud on the title to said property and that the Town in no way attempts to affect the rights of any private party to oppose the abandonment or assert any right resulting there from or existing previous to any action by the Town. PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills February 4, 2025. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: Gerry M. Friedel, Mayor Kandace French Contreras, Town Clerk REVIEWED BY: APPROVED AS TO FORM: Rachael Goodwin, Town Manager Aaron D. Arnson, Town Attorney ITEM 8. F. TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Date: 02/04/2025 Meeting Type: Town Council Regular Meeting Agenda Type: Consent Submitting Department: Administration Prepared by: David Trimble, Deputy Town Manager/Admin. Serv. Dir. Staff Contact Information: David Trimble, Deputy Town Manager/Admin. Serv. Dir. Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION OF Adoption of Resolution 2025-01 Authorizing the renewal of the Town of Fountain Hills' membership in the Arizona Metropolitan Trust. Staff Summary (background) Since 2016, the Town has been a member of the Arizona Metropolitan Trust (AzMT) to provide comprehensive health benefits to employees, renewing its membership in 2019 and 2022. It is now time to consider renewing for another three-year term. AzMT is a well-regarded consortium that includes cities and towns such as Paradise Valley, El Mirage, Apache Junction, Litchfield Park, and Wickenburg. Membership in AzMT offers the Town several advantages: Cost Savings: AzMT secures competitive premiums for medical, dental, vision, disability, and life insurance without charging membership fees. This has consistently saved the Town money. For example, the Town saved over $100,000 in its first year with AzMT and continues to see annual savings. For FY 2024-25, the cost of benefits is projected to be 15.38% of wages, down from 17% prior to joining AzMT, amounting to an estimated $133,800 in savings this fiscal year. Improved Services: AzMT simplifies processes by eliminating brokerage fees and consolidating open enrollment and COBRA administration. This has provided a higher level of service compared to the previous broker/provider model. Enhanced Employee Experience: The Town can actively participate in plan design, premium rate decisions, and claims appeals through AzMT. Additionally, the Trust has introduced expanded on-site wellness programs that have been well-received by employees. Renewing membership with AzMT is recommended to maintain high-quality employee benefits and continue achieving cost efficiencies. Positive outcomes from previous years demonstrate the success of this partnership and suggest that ongoing renewals will remain beneficial. Approval of this renewal aligns with the Town’s commitment to employee well-being and fiscal responsibility. Related Ordinance, Policy or Guiding Principle Attract and retain quality staff. Attract and retain quality staff. Risk Analysis Without membership in AzMT, the Town of Fountain Hills would face higher health insurance premium costs for the same level of benefits, which could negatively impact both employee wellness and overall satisfaction. Recommendation(s) by Board(s) or Commission(s) Staff Recommendation(s) Staff recommends approval of Resolution 2025-01 renewing the Town's membership in AzMT. SUGGESTED MOTION MOVE to adopt Resolution 2025-01. Fiscal Impact Fiscal Impact:$0 Budget Reference:38-39 Funding Source:General If Multiple Funds utilized, list here: Budgeted: if No, attach Budget Adjustment Form: Attachments Resolution for AzMT Benefits Membership AzMT Renewal Offer Letter Form Review Inbox Reviewed By Date Town Attorney Aaron D. Arnson 01/09/2025 02:03 PM Interim Town Manager Town Attorney Town Manager Form Started By: David Trimble Started On: 01/07/2025 04:51 PM RESOLUTION NO. 2025-01 A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF FOUNTAIN HILLS AUTHORIZING THE RENEWAL OF THE TOWN OF FOUNTAIN HILLS' MEMBERSHIP IN THE ARIZONA METROPOLITAN TRUST RECITALS: WHEREAS, the Town of Fountain Hills is currently a Participating Entity in the Arizona Metropolitan Trust (“the Trust”); and WHEREAS, Fountain Hills’ current term of membership as a Participating Entity shall expire on June 30, 2025; and WHEREAS, the Trust’s Board of Trustees (“the Trust Board”) has offered a renewal membership to Fountain Hills commencing July 01, 2025; and WHEREAS, Fountain Hills wishes to renew its participation in the Trust for a three (3) year Membership Period commencing July 01, 2025 and terminating June 30, 2028; and WHEREAS, renewal of Fountain Hills’ membership in the Trust will serve the interest of the Town and its employees. ENACTMENTS: NOW, THEREFORE IT IS RESOLVED by the Mayor and Town Council of the Town of Fountain Hills, Arizona that they authorize the renewal of the Town's membership in the Trust for the period commencing July 01, 2025 and terminating June 30, 2028. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Fountain Hills, Arizona this 4th day of February, 2025. FOR THE TOWN OF FOUNTAIN HILLS:ATTESTED TO: _________________________________ GERRY M. FRIEDEL, MAYOR _________________________________ KANDACE FRENCH CONTRERAS, TOWN CLERK REVIEWED BY:APPROVED AS TO FORM: _________________________________ RACHAEL GOODWIN, TOWN MANAGER _________________________________ AARON D. ARNSON, TOWN ATTORNEY MEMBER ENTITIES CITY OF APACHE JUNCTION CITY OF EL MIRAGE TOWN OF FOUNTAIN HILLS TOWN OF GUADALUPE CITY OF LITCHFIELD PARK Matthew Williams, Chairperson TOWN OF PARADISE VALLEY SUN CITY FIRE DISTRICT TOWN OF WICKENBURG TOWN OF YOUNGTOWN Jeanne Blackman, Vice Chairperson December 17, 2024 Rachael Goodwin, Town Manager Town of Fountain Hills 16705 E. Avenue of the Fountains Fountain Hills, AZ 85268 Dear Rachael: Arizona Metropolitan Trust Board of Trustees has extended an offer to renew Fountain Hills’ membership in the Trust for another three-year term beginning July 01, 2025. Should you wish to accept this offer, please have your Town Council approve the attached Renewal Resolution and return to me by April 02, 2025. Should the Town decide they wish to leave AzMT at the end of the membership term, please notify me in writing by April 02, 2025. We look forward to our continued partnership! Please let me know if you need anything further or have any questions. Sincerely, Gallagher Benefit Services Jaime Jaime L. Schulenberg Pool Administrator HEALTHCARE IN YOUR HANDS c/o Gallagher Benefit Services 8800 E. Raintree Rd., Ste. 250 Scottsdale, AZ 95260 928.391.2297 Jaime_Schulenberg@ajg.com www.azmt.org ITEM 9. A. TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Date: 02/04/2025 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda Submitting Department: Development Services Prepared by: John Wesley, Development Services Director Staff Contact Information: John Wesley, Development Services Director Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION AND POSSIBLE ACTION: Consideration of extending SUP 23-000006 for property located at 16822-16830 E. El Pueblo Blvd. to allow up to 7 residential dwellings in CC, Common Commercial, zoned property. Staff Summary (Background) The Town Council approved the Special Use Permit to allow residential use of three lots located north of the northwest corner of Ivory Dr. and El Pueblo Blvd. at their September 19, 2023, Council meeting. The code stipulates that a building permit must be submitted within six months of approval of the SUP and approved within one year for the SUP to remain valid. A building permit application has not yet been received for this property. An extension was granted on August 22, 2024 until January 20, 2025. The applicant, Mr. John Gurczak, has continued to make progress on the site plan and staff anticipate a resubmittal soon. Mr. Gurczak explained the challenges he has had with the civil work needed to complete the lot combination and preparing the plans to pave the adjacent alley that have delayed this project. Once the site plan is approved, he can move forward with the submittal and review of the construction plans. This request includes the three lots on the north side of the parking lot along Ivory Drive. Together, these lots total just over 11,800 sq. ft. The applicant is proposing to construct a building on the property that will have seven, two-story apartments. Each apartment is approximately 1,656 sq. ft. in size. Six of the units will have a two-car garage, one will have a one-car garage. A concept plan has been submitted to illustrate how the owner plans to develop the property. There have been no significant changes in the area since the request was approved. There was neighborhood support for the proposed SUP. The previous staff report is attached. Mr. Gurczak has begun construction of his mixed-use building at the corner of El Pueblo and Ivory. Related Ordinance, Policy or Guiding Principle Zoning Ordinance Section 2.02, Special Use Permits Zoning Ordinance Section 2.02, Special Use Permits Zoning Ordinance Section 12.023, Use Subject to Special Use Permits in Commercial Zoning Districts Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends approval of a six month extension of SUP 23-000006. SUGGESTED MOTION MOVE to extend the approval of SUP23-000006 to June 20, 2025. Attachments Vicinity Map Site Plan Elevations 2023 Staff Report Form Review Inbox Reviewed By Date Development Services Director (Originator)Kandace French Contreras 01/08/2025 02:37 PM Form Started By: John Wesley Started On: 01/08/2025 10:05 AM Final Approval Date: 01/08/2025 Vicinity CASE: SUP23-000006 SITE / ADDRESS: 16822-16830 E EL PUEBLO BLVD APN 176-04-712A APN 176-04-713A APN 176-04-714A REQUEST: SUP FOR MULTI-FAMILY RESIDENTIAL FOR 7 UNITS IN THE COMMERCIAL PROPERTY. All that is Ariz on a FO U N TAIN HIL L S TOWN OF INC. 1989 MCDOWELL MOUNTAIN REGIONAL PARK SALT RIVER PIMA - MARICOPA INDIAN COMMUNITY FO R T M C D O W E L L Y A V A P A I N A T I O N SC O T T S D A L E Site Location Vicinity MapMap ::CaseCase DetailsDetailsSUP23-000006SUP23-000006 E GLENBROOK B L V D N F O U N T A I N H I L L S B L V D E EL PUEBLO BL V D N I V O R Y D R AL L E Y BA L B O A W A S H AL L E Y E A L A M O S A A V E N E S C O N D I D O D R CAL I E N T E W A S H M I R A G E C R O S S I N G C T N D E L R A Y D R ITEM 9. C. TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Date: 09/19/2023 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda Submitting Department: Development Services Prepared by: John Wesley, Development Services Director Staff Contact Information: John Wesley, Development Services Director Request to Town Council Regular Meeting (Agenda Language): PUBLIC HEARING, CONSIDERATION AND POSSIBLE ACTION: Request for a SPECIAL USE PERMIT to allow up to 7 apartment units in the CC, Common Commercial Zoning District, on three lots totaling 0.27 acres located north of the northwest corner of El Pueblo Boulevard and Ivory Drive (16822, 16828, and 16830 E. Pueblo Blvd). Case #SUP23-000006. Staff Summary (Background) The commercial development at the northeast corner of Fountain Hills Blvd. and El Pueblo Blvd. is zoned C-C, Common Commercial. This zoning district is the same as the C-1, Neighborhood Commercial and Professional, Zoning District, but allows for common parking areas rather than parking on individual lots. The property at this corner was platted in 1973 for this type of development. The existing building at 16726 E. El Pueblo Blvd. and a portion of the parking lot to the east were constructed prior to January 1986. Additional buildings and parking were slowly added over the years. The development as it exists today has been in place since 2004. This request includes the three lots on the north side of the parking lot along Ivory Drive. Together, these lots total just over 11,800 sq. ft. The applicant is proposing to construct a building on the property that will have seven, two-story apartments. Each apartment is approximately 1,656 sq. ft. in size. Six of the units will have a two-car garage, one will have a one car garage. A concept plan has been submitted to illustrate how the owner plans to develop the property. Residential uses are allowed in the commercial zoning districts only through approval of a Special Use Permit (SUP). The alternative would be to rezone the property to a multi-family zoning district. The R-5 zoning district (the Town's highest density multi-family zoning district) would allow six units on this property if it were combined into one lot. If the SUP is approved, the next step for the applicant will be to prepare a final site plan as required by Sec. 2.04 of the Zoning Ordinance for review and approval by staff. General Plan The General Plan includes the following Goals and Policies: Neighborhoods Element GOAL 2: Support a housing strategy that encourages a broad range of quality housing types to GOAL 2: Support a housing strategy that encourages a broad range of quality housing types to address current and future housing needs and to support long-term economic vitality. POLICIES 1. Encourage a broad range of housing types affordable to all income ranges and age groups in a manner compatible with adjacent development. 2. Encourage a range of housing types and residential densities and maintain consistency with the existing character of infill areas in conformance with criteria provided in Table 1: Character Areas Plan. 5. Direct higher-density residential and mixed-used development to the Town Center and redevelopment areas such as Shea Corridor as opportunities arise. Character Areas Element GOAL 1: Encourage future development, redevelopment and infill in a manner that will maintain and protect existing neighborhoods, the Town’s economic health, community well-being, and natural environment. POLICIES 1. Achieve and maintain a diverse and sustainable land use mix consistent with our small-town character that supports thriving neighborhoods, environment and economy by attracting and retaining revenue-generating uses that: a. Enhance the Town’s economic vitality; and b. Increase the Town’s revenue base to maintain quality infrastructure, services and amenities. GOAL: 2: Development, redevelopment and infill support Fountain Hills' small-town identity and the distinct character of each area while fostering long-term viability. POLICIES 3. Support a mix of residential, employment, and commercial uses at densities and intensities and in the development form that reflect the small-Town character of Fountain Hills. 5. Strongly encourage a wide range of housing types, densities and prices to support the current and projected populations (particularly families and working professionals) and to ensure the future stock of affordable housing for all income ranges. 6. Require that development, redevelopment, and infill conform with Exhibit 2, Character Aras Plan map, and Table 1. Section III of the general plan includes the information on the Character Areas in the Town. This small commercial area at Glenbrook and Fountain Hills Boulevards was included as part of the surrounding Neighborhood character type. More specifically, this area is considered a Mixed Neighborhood with smaller lots and a mix of non-residential uses. This existing commercial area is intended to remain a low intensity area with any further development or redevelopment consistent with the surrounding neighborhood and supportive of the commercial use of the area. Ordinance Requirements The zoning ordinance Section 12.03 allows consideration of residential uses in all commercial zoning districts with the approval of a SUP. Section 2.02 of the zoning ordinance establishes the process and criteria for consideration of a SUP. Section 2.02 F. 1. d. of the zoning ordinance states: d. In order to recommend approval of any use permit, the findings of the Commission must be that the establishment, maintenance, or operation of the use or building applied for will not be detrimental to the public health, safety, peace, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use, nor shall it be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the Town. This area has been zoned and platted prior to incorporation of the Town for commercial uses. It is still the desire of the Town to have this be a successful commercial center. The questions become: Would allowing residential use of this property be detrimental to the desired commercial activity?1. Would the residential use be detrimental to the public health, safety, peace, or comfort of the neighborhood? 2. Is the residential use being designed and established in a manner that creates a desirable living environment in a manner compatible with the adjacent development and supportive of the general welfare of the Town? 3. A review of this property shows that over its almost 50-year history it has not fully developed and has largely been underutilized. Two recent additions have been approved through Special Use Permits, one at the corner of Glenbrook and Fountain Hills Boulevard for a 10-unit apartment complex and one at the corner of El Pueblo and Ivory for a mixed use building that included ground floor office and four apartments a second floor. The building permit has been approved for the development at Ivory and El Pueblo, the apartments at Fountain Hills Boulevard and Glenbrook are ready to submit for site plan review. The adjacent properties to the north and east are zoned and developed for residential uses. Residential use on this property would be compatible with those uses. However, the proposed scale and intensity of the new residential use is out of scale with the adjacent residential uses. The adjacent properties are built with single-residence and duplex uses and zoned R-2. With 7 units proposed on this property the density would be over 25 units per acre, which exceeds the R-5 density. The General Plan encourages the highest densities in Town to be located near the Town Center and along Shea Boulevard. The C-C zoning district allows buildings up to 25' tall. The adjacent property to the east and north is zoned R-2, which allows a maximum height of 30'. The lots to the north are built with single-story, single-family homes. The properties across Ivory Dr. are developed with single-story, duplex condominiums. According to the information available from the County Assessor's website, these homes have around 1,500 sq. ft. of living space in each home. The proposed dwellings are two-story and 1,656 sq. ft. in size plus the garages. The overall building mass, however, 25' tall, 150' long, 48' deep with a combined total square footage over 14,000 sq. ft. While none of the adjacent properties are currently developed with two-story buildings. The residential use is being designed as one large building broken into the seven individual dwelling units. The small courtyard space in front of each unit provides an outdoor area for that unit. The next closest existing building in the area in terms of size and mass is the former charter school building on the south side of El Pueblo. If these lots were developed with commercial uses, the zoning designation would allow each lot could have 100% lot coverage at two stories in height. However, given the limited parking this amount of commercial space could not be added; actual development would have to be smaller and more in keeping with the rest of the center. There are approximately 113 parking spaces currently in this part of the development. Using the standard for typical office and retail space (not restaurant space) this number of spaces would support up to 28,250 sq. ft. of commercial space. The total lot area is a little over 41,000 sq. ft. Therefore, actual development cannot be 100% coverage with two stories, it will be significantly less. There is already approximately 16,000 sq. ft. of space developed or planned so only significantly less. There is already approximately 16,000 sq. ft. of space developed or planned so only about 12,000 additional sq. ft. of commercial space could be added. If this property were to be developed with just residential uses, the 113 parking spaces would allow 50, 2 bedroom dwelling units. This amount of building would be equal to over 20 units per acre which is an R-5 density. This number of requested residential dwelling units will require a minimum 16 parking spaces, 14 as required spaces for the residents and two as guest spaces. Thirteen spaces are in the garages that will be part of the units, which means one of the required resident spaces and the two guest spaces will be in the associated parking lot. If approved, the property owner will need to process a re-plat to combine the three lots into one prior to receiving a building permit. Citizen Participation The applicant mailed letters to property owners within 300' of the property on June 9th. Staff received no comments as a result of those letters. The Citizen Participation Report submitted by the applicant states he mailed letters to all the property owners within 300' on June 23, 2023. He provided information to them on the type of development proposed and provided both an email address and postal address where comments could be made. No comments were received. Staff has not received any comments. Related Ordinance, Policy or Guiding Principle Fountain Hills General Plan 2020 Zoning Ordinance Section 2.02, Special Use Permits Zoning Ordinance Section 12.03 Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) The Planning and Zoning Commission reviewed this request at their August 14, 2023, meeting. At the hearing they heard from the applicant and two citizens. One citizen expressed some internal concerns on the part of the property owners association regarding some of their rules, but supported the idea of additional residential use. A neighbor also expressed support for more residential use and was opposed to any further commercial development. The Commissioners determined the overall market area for this portion of the Town would not support additional commercial development in this location and that multi-family use was a good alternative that would support the commercial uses that do exist. They did not have an issue with the size and scale of the proposed development. Two concerns by the Commission were ensuring the alley along the north side would be paved and that the driveways in front of the garages be at least 18' deep. Those are both issues that will be address during the site plan review process. The Planning and Zoning Commission voted 6-0 (one absence) to recommend approval of the requested Special Use Permit for up to seven dwelling units on these three lots subject to the applicant paving the alley and adjusting the site plan to have driveways that are at least 18 feet long. Staff Recommendation(s) This is property is zoned, platted and developed for commercial uses. While additional residential uses in this commercial area may be beneficial, additional residential should only be considered in light of an overall plan for this commercial center and with resolution of the parking issues. If the desire of the property owners is for this to transition to residential uses, it should be rezoned to an appropriate residential zoning district. For these reasons, staff believes the establishment, maintenance, or operation of the proposed use applied for will be detrimental to the public health, safety, peace, comfort, and general welfare of persons residing or working in the neighborhood of such and would be detrimental or injurious to property and improvements in this commercial development. Therefore, staff recommended denial of this application to the Planning and Zoning Commission. Discussion and presentations at the Commission hearing removed some of the staff concerns and re-enforced the challenges with additional commercial development at this location. While still prefers to see an overall plan that would provide a mix of uses, staff has no significant objections to approval of the SUP. SUGGESTED MOTION MOVE to recommend approval of SUP23-000006 with the stipulations specified by the Planning and Zoning Commission. Attachments Plat 106 POA Letter Vicinity Map Project Narrative Site Plan Elevations MCO Letter of Support Form Review Inbox Reviewed By Date Development Services Director (Originator)John Wesley 08/17/2023 09:55 AM Form Started By: John Wesley Started On: 08/17/2023 08:54 AM Final Approval Date: 08/17/2023 ITEM 9. B. TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Date: 02/04/2025 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda Submitting Department: Development Services Prepared by: John Wesley, Development Services Director Staff Contact Information: John Wesley, Development Services Director Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION AND POSSIBLE ACTION: A waiver of the standards set forth in Section 5.03, Cut and Fill Standards, of the Subdivision Ordinance to allow fill in excess of 10' in height on property located at 15457 E Sycamore Drive. Staff Summary (Background) Section 5.03 of the Town's Subdivision Ordinance sets Cut and Fill Standards. With a few exceptions, the maximum cut or fill that can occur with the construction of a building on a lot is 10 feet. When a development proposes a cut and/or fill in excess of 10 feet, a Cut/Fill Waiver may be requested from the Town Council. The goal of the ordinance requirement is to encourage buildings to follow the contours of the land, avoid over use of retaining walls, and maintain the natural desert topography to the greatest extent possible. The standards and limitations on cut and fill have been in the Town's Subdivision Ordinance without change since 1996. The owner of the lot at 15457 E. Sycamore Dr. (Lot 13, Plat 603-A) is preparing plans to build a single-family home on this lot. The plans being reviewed show a home with just over 3,000 sq.ft. of livable floor area plus a garage and covered patio. The livable area is primarily on one, upper level, but does include a lower level under a portion of the home. The total footprint is just over 4,600 sq. ft. This 46,091 sq. ft. lot is rectangular in shape and slopes down from Sycamore Dr. with a slope 30%, plus or minus. There is nothing particularly unique about the property, except the slope is steeper than many lots. The proposed floor plan includes all the primary functions of the home on the main level and has two additional bedrooms and a family room on the lower level. The lower level has walkout access to a patio and pool area. The ground slopes down from the street. The elevation at the street is 1950'. The finish floor elevation for the main, upper level of the home will be at 1925', 25' below street level. The finish floor level for the lower level will be 1913'. The maximum height of the fill is 16', which is six feet more than allowed by right. The areas of excess fill are triangular-shaped areas to the north and west of the lower level, an area west of the garage, and an area east of the pool. In total, these areas cover approximately 961sq. ft. The code allows an exemption of excess fill for area up to a maximum cover approximately 961sq. ft. The code allows an exemption of excess fill for area up to a maximum of 5% of the area under the footprint of the main structure. In this case, up to 230 sq. ft. of fill in excess of 10 is allowed by right. The amount of fill for consideration by Council is the additional 731 sq. ft. It should be noted that the building plans are still under review and there may be some adjustments needed to the proposed retaining walls to meet ordinance requirements. Options to address this deviation from the code standard include doing more to stair step the home down the hill by creating additional levels or increasing the size of the lower level. The paved area west of the garage which appears to provide area for excess parking could be reduced in size to eliminate that area of excess fill. Similarly, the area to the east of the pool area could be stepped down or reduced in size to reduce or eliminate that area of excess fill. To bring the ground up to the desired level, several large retaining walls are being proposed. Adjustments may be needed to those walls to meet the height allowances. There is a tall stem wall under the garage area. The applicant has attempted soften this by providing a different material on the lower portion of this area of the building. The lot is near the top of the hill north of Sycamore wash. There is a ridge line which blocks view of this property to the southwest. The homes to the south and southeast will have the best views of this home. They are over 1,100' away Related Ordinance, Policy or Guiding Principle Subdivision Ordinance Section 5.03 Cut and Fill Standards Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends the overheight area west of the garage be eliminated and that the landscape plan include plant material in the area south of the garage that will grow to a height to help screen this wall. Staff supports approval of the remaining areas of the requested waiver. SUGGESTED MOTION MOVE to approve CFW24-000003 for 15457 E. Sycamore as recommended by staff. Attachments Case Information Form Review Inbox Reviewed By Date Development Services Director (Originator)John Wesley 01/21/2025 10:14 AM Form Started By: John Wesley Started On: 01/08/2025 01:34 PM Final Approval Date: 01/21/2025 Location 15457 E. Sycamore ~1,100’ 565 s.f. 164 s.f. 232 s.f. ITEM 9. C. TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Date: 02/04/2025 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda Submitting Department: Administration Prepared by: Kandace French Contreras, Town Clerk Staff Contact Information: Justin Weldy, Public Works Director Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION AND POSSIBLE ACTION: Approving the Second Amendment to Cooperative Purchasing Agreement 2023-069 With Roadsafe Traffic Systems. Staff Summary (Background) The Town of Fountain Hills routinely contracts with various service providers across departments to supplement the Town staff and ensure effective service delivery. Specifically, the Public Works and Community Services departments rely on contractors to supply temporary traffic control devices, such as barricades, for maintenance projects within the Town’s Right-of-Way and for special events. This amendment proposes an increase to the existing contract with Roadsafe Traffic Systems, Inc., raising the annual contract amount from $75,000 to $100,000. The increase is primarily driven by rising costs associated with the rental, delivery, installation, and pick-up of traffic control devices. These devices are essential for ensuring the safety of motorists, pedestrians, and workers during lane closures and work zone operations. The rental devices will be provided on an as-needed basis, with the contract also including an emergency response provision. This provision ensures that equipment and resources are readily available to manage traffic during emergencies, including prolonged traffic signal outages, roadway flooding, and providing support for emergency responders such as the Maricopa County Sheriff's Office and Fire Department when requested. Funding for this contract increase has already been approved as part of the Town’s annual budget. Both the Public Works and Community Services departments have sufficient budget allocations within their existing resources to cover the additional costs associated with the contract amendment. To maximize efficiency and cost-effectiveness, the Town has leveraged a cooperative purchasing agreement through the Maricopa County Department of Transportation for Temporary Traffic Control Solutions (No. 230043-S, dated January 19, 2023), which was awarded to Roadsafe Traffic Systems Inc. Roadsafe has agreed to extend the Maricopa County Department of Transportation contract pricing to the Town of Fountain Hills. As a result, the Public Works Department recommends approval of this cooperative agreement and the associated contract increase. Related Ordinance, Policy or Guiding Principle Public Works Mission Statement. Risk Analysis Not approving the amendment will delay the maintenance of open space and street medians and have a negative effect on special events, including cost increases and possible cancelations. Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends approval of the proposed amendment to the cooperative purchasing agreement. SUGGESTED MOTION MOVE to approve the Second Amendment to Cooperative Purchasing Agreement 2023-069 with Roadsafe Traffic Systems and authorize associated budget transfers. Fiscal Impact Fiscal Impact:$100,000 - 400,000 Budget Reference:HURF, CIP , PREVENT Funding Source:Streets fund If Multiple Funds utilized, list here:CIP, PWENG, PREVENT PWADMIN Budgeted: if No, attach Budget Adjustment Form:Yes Attachments PROFESSIONAL SERVICES AGREEMENT Underlying Agreement Form Review Inbox Reviewed By Date Public Works Director Kandace French Contreras 01/28/2025 08:24 AM Town Attorney Kandace French Contreras 01/28/2025 08:30 AM Town Manager Rachael Goodwin 01/28/2025 03:57 PM Form Started By: Kandace French Contreras Started On: 01/09/2025 02:52 PM Final Approval Date: 01/28/2025 Contract No. 2023-069.2 SECOND AMENDMENT TO COOPERATIVE PURCHASING AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND ROADSAFE TRAFFIC SYSTEMS, INC. THIS SECOND AMENDMENT TO COOPERATIVE PURCHASING AGREEMENT (this "Second Amendment") is entered into upon execution, between the Town of Fountain Hills, an Arizona municipal corporation (the "Town") and Roadsafe Traffic Systems, Inc., a(n) Delaware corporation (the "Contractor"). RECITALS A. After a competitive procurement process, the Maricopa County ("County") entered into Contract No. 230043-S, dated January 19, 2023, (the "County Contract"), with the Contractor for Temporary Traffic Control Solutions Services. All of the capitalized terms not otherwise defined in this First Amendment have the same meanings as defined in the Contract. B. The Town and the Contractor entered into a Cooperative Purchasing Agreement dated February 6, 2023, (amended November 13, 2023, via Amendment No. 1) based upon the County Contract (the "Agreement"), for Temporary Traffic Control Solutions Service (the "Materials and Services"). The terms of the Agreement are incorporated herein. C. The Town has determined that additional Materials and Services are necessary. D. The Town and the Contractor desire to enter into this Second Amendment to increase the compensation authorized by the Agreement for additional Materials and Services. AGREEMENT NOW, THEREFORE, in consideration of the foregoing introduction and recitals, which are incorporated herein by reference, the following mutual covenants and conditions, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Town and the Contractor hereby agree as follows: 1. Compensation. The Town shall pay the Contractor an aggregate amount not to exceed $100,000 per term and a maximum aggregate amount of $400,000 (including all renewals) for the additional Materials and Services. 1 2. Effect of Amendment. In all other respects, the Agreement is affirmed and ratified and, except as expressly modified herein, all terms and conditions of the Agreement shall remain in full force and effect. 3. Non-Default. By executing this Second Amendment, the Contractor affirmatively asserts that (i) the Town is not currently in default, nor has it been in default at any time prior to this Second Amendment, under any of the terms or conditions of the Agreement and (ii) any and all claims, known and unknown, relating to the Agreement and existing on or before the date of this Second Amendment are forever waived. 4. Conflict of Interest. This Second Amendment and the Agreement may be cancelled by the Town pursuant to Ariz. Rev. Stat. § 38-511. [SIGNATURES ON FOLLOWING PAGES] 2 SERIAL 180126-S TEMPORARY TRAFFIC CONTROL SERVICES DATE OF LAST REVISION: January 20, 2022 CONTRACT END DATE: January 31, 2023 CONTRACT PERIOD THROUGH January 31, 2020 2022 2023 TO: All Departments FROM: Office of Procurement Services SUBJECT: Contract for TEMPORARY TRAFFIC CONTROL SERVICES Attached to this letter is published an effective purchasing contract for products and/or services to be supplied to Maricopa County activities as awarded by Maricopa County on January 25, 2018 (Eff. 2/1/2018). All purchases of products and/or services listed on the attached pages of this letter are to be obtained from the vendor holding the contract. Individuals are responsible to the vendor for purchases made outside of contracts. The contract period is indicated above. LN/yy Attach Copy to: Office of Procurement Services Martie Harrell, MCDOT Suzie Williams, MCDOT (Please remove Serial 11087-S from your contract notebooks) SERIAL 180126-S ACTION BARRICADE LLC, 1802 N. 27TH AVE PHOENIX, AZ 85009 COMPANY NAME:Action Barricade LLC DOING BUSINESS AS (dba):Action Barricade MAILING ADDRESS:1802 N. 27th Ave Phoenix, AZ 85009 REMIT TO ADDRESS:1802 N. 27th Ave Phoenix, AZ 85009 TELPHONE NUMBER:602-288-6350 FAX NUMBER:602-288-6360 WWW ADDRESS:none REPRESENTATIVE NAME:Robert Brand REPRESENTATIVE TELEPHONE NUMBER:602-288-6350 REPRESENTATIVE EMAIL ADDRESS rbrand@actionbarricade.com YES NO REBATE WILL ALLOW OTHER GOVERNMENTAL ENTITIES TO PURCHASE FROM THIS CONTRACT: WILL ACCEPT PROCUREMENT CARD FOR PAYMENT NET 30 DAYS PRIMARY Lot: SIGNS Item Est. Annual Rental Units Unit Price Total Large Sign 48" x 48" (2304 Sq. In.) or Larger 3000 day $0.65 $1,950.00 Medium Sign 36" x 36"" (1296-2303 Sq. In.)4000 day $0.55 $2,200.00 Small Sign 24" x 24" (576 -1295 Sq. In.)4000 day $0.45 $1,800.00 Lot: WARNING LIGHTS (FLASHERS) Item Est. Annual Rental Units Unit Price Total Type A Low Intensity Flashing warning light 1000 day $0.15 $150.00 Type B High Intensity Flashing warning light 5000 day $0.25 $1,250.00 Type C Low Intensity Steady Burn warning light 10000 day $0.19 $1,900.00 Type D 360 Degree Steady Burn warning light 10 day $0.15 $1.50 Lot: BARRICADES CONES MISCELLANEOUS Item Est. Annual Rental Units Unit Price Total Type I Barricade -Vertical Panel 1000 day $0.20 $200.00 Type II Barricade 9000 day $0.20 $1,800.00 Type III Barricade 700 day $0.45 $315.00 Portable Sign Stand (spring stand)750 day $0.70 $525.00 Traffic Cone Non-Reflectorized 28"5000 day $0.20 $1,000.00 Traffic Cone Reflectorized 28 Inches day $0.20 $0.20 Sand Bag 10000 day $0.05 $500.00 Flag 2000 day $0.15 $300.00 Arrow Boards 50 day $17.00 $850.00 SERIAL 180126-S ACTION BARRICADE LLC Item Est. Annual Rental Units Unit Price Total Temporary Traffic Barriers (Jersey Barriers)100 linear foot $0.10 $10.00 End Section(s) for above Barriers day $25.00 $25.00 Channelizing Drums day $0.30 $0.30 6 Foot Temporary Longitudinal Traffic Barriers water filled (Jersey Type)100 day $1.75 $175.00 Portable Variable Message Signs Three-Line 50 day $30.00 $1,500.00 Temporary Traffic Barriers (Installation/Removal)foot $11.00 $11.00 Lot: PILOT CAR RENTAL WITH DRIVER Item Est. Annual Rental Units Unit Price Total Pilot Car w/Driver 2000 hr $49.00 $98,000.00 Lot: BARRICADE TRUCK RENTAL WITH DRIVER AND TRUCK MOUNTED ATTENUATOR Item Est. Annual Rental Units Unit Price Total Barricade Truck w/Driver 5600 hr $49.00 $274,400.00 Truck Mounted Attenuator w/Driver 25 hr $49.00 $1,225.00 Lot: HOURLY RATES: FLAGGER TRAFFIC CONTROL TECHNICIAN TRAFFIC SUPERVISOR Item Est. Annual Rental Units Unit Price Total Flagger w/flagger paddle (Does not include truck)5820 hr $35.00 $203,700.00 Traffic Control Technician Does not include truck 2800 hr $35.00 $98,000.00 Lot: PURCHASE AND INSTALLATION OF SUPPLIES Item Est. Annual Rental Units Unit Price Total 2-Way Double-faced chip seal road markers with double clear protective cover 10500 each $2.25 $23,625.00 2-Way Raised Pavement Marker Blue (installed)each $4.00 $4.00 1-way Chip seal marker with double clear protective cover 3000 each $1.75 $5,250.00 Lot: MOBILIZATION AND DEMOBILIZATION (TRAVEL TIME) Item Est. Annual Rental Units Unit Price Total Zone 1 1 day $48.00 $48.00 Zone 2 1 day $99.00 $99.00 Zone 3 1 day $135.00 $135.00 SERIAL 180126-S ACTION BARRICADE LLC Lot: UNIFORMED OFF-DUTY OFFICERS/VEHICLE (MINIMUM 4 HOURS) - Normal Hours Item Est. Annual Rental Units Unit Price Extended AZDPS 4 hour $80.00 $320.00 MCSO 4 hour $80.00 $320.00 Phoenix 4 hour $70.00 $280.00 Mesa 4 hour $70.00 $280.00 Glendale 4 hour $70.00 $280.00 Gilbert 4 hour $90.00 $360.00 Scottsdale 4 hour $75.00 $300.00 Tempe 4 hour $95.00 $380.00 Peoria 4 hour $70.00 $280.00 Goodyear 4 hour $75.00 $300.00 Wickenburg 4 hour $75.00 $300.00 Fountain Hills 4 hour $80.00 $320.00 Chandler 4 hour $90.00 $360.00 Buckeye 4 hour $80.00 $320.00 El Mirage 4 hour $75.00 $300.00 Surprise 4 hour $80.00 $320.00 Avondale 4 hour $75.00 $300.00 Gila River 4 hour $90.00 $360.00 AZ Parks 4 hour $90.00 $360.00 Small Town 4 hour $90.00 $360.00 Lot: UNIFORMED OFF-DUTY OFFICERS/VEHICLE (MINIMUM 4 HOURS) - Overtime AZDPS 1 hour $120.00 $120.00 MCSO 1 hour $120.00 $120.00 Phoenix 1 hour $105.00 $105.00 Mesa 1 hour $105.00 $105.00 Glendale 1 hour $105.00 $105.00 Gilbert 1 hour $135.00 $135.00 Scottsdale 1 hour $115.00 $115.00 Tempe 1 hour $140.00 $140.00 Peoria 1 hour $105.00 $105.00 Goodyear 1 hour $110.00 $110.00 Wickenburg 1 hour $110.00 $110.00 Fountain Hills 1 hour $120.00 $120.00 Chandler 1 hour $135.00 $135.00 Buckeye 1 hour $120.00 $120.00 El Mirage 1 hour $115.00 $115.00 Surprise 1 hour $120.00 $120.00 Avondale 1 hour $110.00 $110.00 SERIAL 180126-S ACTION BARRICADE LLC Item Est. Annual Rental Units Unit Price Extended Gila River 1 hour $135.00 $135.00 AZ Parks 1 hour $135.00 $135.00 Small Town 1 hour $135.00 $135.00 Lot: UNIFORMED OFF-DUTY OFFICERS/VEHICLE (MINIMUM 4 HOURS) - Vehicle Hourly Rate AZDPS 1 hour $20.00 $20.00 MCSO 1 hour $20.00 $20.00 Phoenix 1 hour $7.50 $7.50 Mesa 1 hour $7.50 $7.50 Glendale 1 hour $7.50 $7.50 Gilbert 1 hour $7.50 $7.50 Scottsdale 1 hour $7.50 $7.50 Tempe 1 hour $7.50 $7.50 Peoria 1 hour $7.50 $7.50 Goodyear 1 hour $7.50 $7.50 Wickenburg 1 hour $20.00 $20.00 Fountain Hills 1 hour $7.50 $7.50 Chandler 1 hour $7.50 $7.50 Buckeye 1 hour $7.50 $7.50 El Mirage 1 hour $7.50 $7.50 Surprise 1 hour $7.50 $7.50 Avondale 1 hour $7.50 $7.50 Gila River 1 hour $20.00 $20.00 AZ Parks 1 hour $20.00 $20.00 Small Town 1 hour $20.00 $20.00 Lot: UNIFORMED OFF-DUTY OFFICERS/VEHICLE (MINIMUM 4 HOURS) - Milage AZDPS 1 mile $1.00 $1.00 MCSO 1 mile $1.00 $1.00 Phoenix 1 mile $1.00 $1.00 Mesa 1 mile $1.00 $1.00 Glendale 1 mile $1.00 $1.00 Gilbert 1 mile $1.00 $1.00 Scottsdale 1 mile $1.00 $1.00 Tempe 1 mile $1.00 $1.00 Peoria 1 mile $1.00 $1.00 Goodyear 1 mile $1.00 $1.00 Wickenburg 1 mile $1.00 $1.00 SERIAL 180126-S ACTION BARRICADE LLC Fountain Hills 1 mile $1.00 $1.00 Chandler 1 mile $1.00 $1.00 Buckeye 1 mile $1.00 $1.00 Item Est. Annual Rental Units Unit Price Extended El Mirage 1 mile $1.00 $1.00 Surprise 1 mile $1.00 $1.00 Avondale 1 mile $1.00 $1.00 Gila River 1 mile $1.00 $1.00 AZ Parks 1 mile $1.00 $1.00 Small Town 1 mile $1.00 $1.00 PRICING SHEET: NIGP CODE 968-84 Terms: NET 30 Vendor Number: VC0000001722 Certificates of Insurance Required Contract Period: To cover the period ending January 31, 2020. REMOVED FROM CONTRACT EFF. 01/31/20 SERIAL 180126-S BOB'S BARRICADES INC, 1645 S 39TH AVENUE, PHOENIX, AZ 85009 921 SHOTGUN RD, SUNRISE, FL 33326-1910 COMPANY NAME:Bob's Barricades Inc. DOING BUSINESS AS (dba): MAILING ADDRESS:1645 South 39th Avenue, Phoenix, Arizona 85009 921 Shotgun Rd REMIT TO ADDRESS:921 Shotgun Rd LOCAL ADDRESS 1645 South 39th Avenue, Phoenix, Arizona 85009 TELPHONE NUMBER:954-423-2627 FAX NUMBER:954-473-8737 WWW ADDRESS:www.bobsbarricades.com REPRESENTATIVE NAME:Happy Alter REPRESENTATIVE TELEPHONE NUMBER:954-423-2627 REPRESENTATIVE EMAIL ADDRESS jelbert@bobsbarricadeds.com mdavidson@bobsbarricades.com YES NO REBATE WILL ALLOW OTHER GOVERNMENTAL ENTITIES TO PURCHASE FROM THIS CONTRACT: WILL ACCEPT PROCUREMENT CARD FOR PAYMENT NET 30 DAYS SECONDARY 1ST CALL Lot: SIGNS Item Est. Annual Rental Units Unit Price Total Large Sign 48" x 48" (2304 Sq. In.) or Larger 3000 day $0.75 $2,250.00 Medium Sign 36" x 36"" (1296-2303 Sq. In.)4000 day $0.45 $1,800.00 Small Sign 24" x 24" (576 -1295 Sq. In.)4000 day $0.45 $1,800.00 Lot: WARNING LIGHTS (FLASHERS) Item Est. Annual Rental Units Unit Price Total Type A Low Intensity Flashing warning light 1000 day $0.20 $200.00 Type B High Intensity Flashing warning light 5000 day $0.20 $1,000.00 Type C Low Intensity Steady Burn warning light 10000 day $0.20 $2,000.00 Type D 360 Degree Steady Burn warning light 10 day $0.20 $2.00 Lot: BARRICADES CONES MISCELLANEOUS Item Est. Annual Rental Units Unit Price Total Type I Barricade -Vertical Panel 1000 day $0.40 $400.00 Type II Barricade 9000 day $0.40 $3,600.00 Type III Barricade 700 day $0.40 $280.00 Portable Sign Stand (spring stand)750 day $0.50 $375.00 SERIAL 180126-S BOB'S BARRICADES INC Traffic Cone Non-Reflectorized 28"5000 day $0.20 $1,000.00 Traffic Cone Reflectorized 28 Inches day $0.30 $0.30 Sand Bag 10000 day $0.50 $5,000.00 Flag 2000 day $0.10 $200.00 Arrow Boards 50 day $20.00 $1,000.00 Temporary Traffic Barriers (Jersey Barriers)100 linear foot $0.13 $13.00 End Section(s) for above Barriers day $25.00 $25.00 Channelizing Drums day $0.40 $0.40 6 Foot Temporary Longitudinal Traffic Barriers water filled (Jersey Type)100 day $5.50 $550.00 Portable Variable Message Signs Three-Line 50 day $25.00 $1,250.00 Temporary Traffic Barriers (Installation/Removal)foot $30.00 $30.00 Lot: PILOT CAR RENTAL WITH DRIVER Item Est. Annual Rental Units Unit Price Total Pilot Car w/Driver 2000 hr $45.00 $90,000.00 Lot: BARRICADE TRUCK RENTAL WITH DRIVER AND TRUCK MOUNTED ATTENUATOR Item Est. Annual Rental Units Unit Price Total Barricade Truck w/Driver 5600 hr $50.00 $280,000.00 Truck Mounted Attenuator w/Driver 25 hr $65.00 $1,625.00 Lot: HOURLY RATES: FLAGGER TRAFFIC CONTROL TECHNICIAN TRAFFIC SUPERVISOR Item Est. Annual Rental Units Unit Price Total Flagger w/flagger paddle (Does not include truck)5820 hr $39.00 $226,980.00 Traffic Control Technician Does not include truck 2800 hr $40.00 $112,000.00 Lot: PURCHASE AND INSTALLATION OF SUPPLIES Item Est. Annual Rental Units Unit Price Total 2-Way Double-faced chip seal road markers with double clear protective cover 10500 each $2.50 $26,250.00 2-Way Raised Pavement Marker Blue (installed)each $3.50 $3.50 1-way Chip seal marker with double clear protective cover 3000 each $1.90 $5,700.00 SERIAL 180126-S BOB'S BARRICADES INC Lot: MOBILIZATION AND DEMOBILIZATION (TRAVEL TIME) Item Est. Annual Rental Units Unit Price Total Zone 1 1 day $50.00 $50.00 Zone 2 1 day $80.00 $80.00 Zone 3 1 day $125.00 $125.00 Lot: UNIFORMED OFF-DUTY OFFICERS/VEHICLE (MINIMUM 4 HOURS) - Normal Hours Item Est. Annual Rental Units Unit Price Extended AZDPS 4 hour $57.00 $228.00 MCSO 4 hour $62.50 $250.00 Phoenix 4 hour $52.50 $210.00 Mesa 4 hour $62.50 $250.00 Glendale 4 hour $62.50 $250.00 Gilbert 4 hour $73.00 $292.00 Scottsdale 4 hour $62.50 $250.00 Tempe 4 hour $77.00 $308.00 Peoria 4 hour $62.50 $250.00 Goodyear 4 hour $62.50 $250.00 Wickenburg 4 hour $50.00 $200.00 Fountain Hills 4 hour $62.50 $250.00 Chandler 4 hour $70.18 $280.72 Buckeye 4 hour $62.50 $250.00 El Mirage 4 hour $62.50 $250.00 Surprise 4 hour $62.50 $250.00 Avondale 4 hour $62.50 $250.00 Gila River 4 hour $62.50 $250.00 AZ Parks 4 hour $62.50 $250.00 Small Town 4 hour $62.50 $250.00 Lot: UNIFORMED OFF-DUTY OFFICERS/VEHICLE (MINIMUM 4 HOURS) - Overtime AZDPS 1 hour $85.50 $85.50 MCSO 1 hour $93.75 $93.75 Phoenix 1 hour $93.75 $93.75 Mesa 1 hour $93.75 $93.75 Glendale 1 hour $93.75 $93.75 Gilbert 1 hour $109.50 $109.50 Scottsdale 1 hour $93.75 $93.75 Tempe 1 hour $115.50 $115.50 Peoria 1 hour $93.75 $93.75 Goodyear 1 hour $93.75 $93.75 Wickenburg 1 hour $75.00 $75.00 Fountain Hills 1 hour $93.75 $93.75 SERIAL 180126-S BOB'S BARRICADES INC Chandler 1 hour $93.75 $93.75 Buckeye 1 hour $93.75 $93.75 El Mirage 1 hour $93.75 $93.75 Surprise 1 hour $93.75 $93.75 Avondale 1 hour $93.75 $93.75 Item Est. Annual Rental Units Unit Price Extended Gila River 1 hour $93.75 $93.75 AZ Parks 1 hour $75.00 $75.00 Small Town 1 hour $75.00 $75.00 Lot: UNIFORMED OFF-DUTY OFFICERS/VEHICLE (MINIMUM 4 HOURS) - Vehicle Hourly Rate AZDPS 1 hour $12.75 $12.75 MCSO 1 hour $9.00 $9.00 Phoenix 1 hour $9.00 $9.00 Mesa 1 hour $5.00 $5.00 Glendale 1 hour $9.00 $9.00 Gilbert 1 hour $9.00 $9.00 Scottsdale 1 hour $9.00 $9.00 Tempe 1 hour $9.00 $9.00 Peoria 1 hour $9.00 $9.00 Goodyear 1 hour $9.00 $9.00 Wickenburg 1 hour $5.00 $5.00 Fountain Hills 1 hour $9.00 $9.00 Chandler 1 hour $9.00 $9.00 Buckeye 1 hour $5.00 $5.00 El Mirage 1 hour $9.00 $9.00 Surprise 1 hour $9.00 $9.00 Avondale 1 hour $9.00 $9.00 Gila River 1 hour $9.00 $9.00 AZ Parks 1 hour $9.00 $9.00 Small Town 1 hour $9.00 $9.00 Lot: UNIFORMED OFF-DUTY OFFICERS/VEHICLE (MINIMUM 4 HOURS) - Milage AZDPS 1 mile $0.00 $0.00 MCSO 1 mile $0.33 $0.33 Phoenix 1 mile $0.33 $0.33 Mesa 1 mile $0.33 $0.33 Glendale 1 mile $0.33 $0.33 Gilbert 1 mile $0.33 $0.33 Scottsdale 1 mile $0.33 $0.33 Tempe 1 mile $0.33 $0.33 Peoria 1 mile $0.33 $0.33 SERIAL 180126-S BOB'S BARRICADES INC Goodyear 1 mile $0.33 $0.33 Wickenburg 1 mile $0.33 $0.33 Fountain Hills 1 mile $0.33 $0.33 Chandler 1 mile $0.33 $0.33 Buckeye 1 mile $0.00 $0.00 El Mirage 1 mile $0.33 $0.33 Surprise 1 mile $0.33 $0.33 Avondale 1 mile $0.33 $0.33 Gila River 1 mile $0.33 $0.33 AZ Parks 1 mile $0.33 $0.33 Small Town 1 mile $0.33 $0.33 PRICING SHEET: NIGP CODE 96884 Terms: NET 30 Vendor Number: VS0000002297 Certificates of Insurance Required Contract Period: To cover the period ending January 31, 2020 2022 2023. SERIAL 180126-S NATIONAL BARRICADE COMPANY LLC, 7326 N GLEN HARBOR BLVD., GLENDALE, AZ 85307 1645 SOUTH 39TH AVENUE, PHOENIX, ARIZONA 85009 COMPANY NAME:National Barricade Company LLC DOING BUSINESS AS (dba): MAILING ADDRESS:7326 N. Glen Harbor Blvd. REMIT TO ADDRESS:7326 N. Glen Harbor Blvd. TELPHONE NUMBER:623-879-4695 FAX NUMBER:623-879-4683 WWW ADDRESS: REPRESENTATIVE NAME:Charles Anderson REPRESENTATIVE TELEPHONE NUMBER:623-879-4695 REPRESENTATIVE EMAIL ADDRESS canderson@gonbc.com YES NO REBATE WILL ALLOW OTHER GOVERNMENTAL ENTITIES TO PURCHASE FROM THIS CONTRACT: WILL ACCEPT PROCUREMENT CARD FOR PAYMENT NET 30 DAYS TERTIARY 2ND CALL Lot: SIGNS Item Est. Annual Rental Units Unit Price Total Large Sign 48" x 48" (2304 Sq. In.) or Larger 3000 day $0.70 $2,100.00 Medium Sign 36" x 36"" (1296-2303 Sq. In.)4000 day $0.60 $2,400.00 Small Sign 24" x 24" (576 -1295 Sq. In.)4000 day $0.50 $2,000.00 Lot: WARNING LIGHTS (FLASHERS) Item Est. Annual Rental Units Unit Price Total Type A Low Intensity Flashing warning light 1000 day $0.21 $210.00 Type B High Intensity Flashing warning light 5000 day $0.75 $3,750.00 Type C Low Intensity Steady Burn warning light 10000 day $0.30 $3,000.00 Type D 360 Degree Steady Burn warning light 10 day $1.25 $12.50 Lot: BARRICADES CONES MISCELLANEOUS Item Est. Annual Rental Units Unit Price Total Type I Barricade -Vertical Panel 1000 day $0.32 $320.00 Type II Barricade 9000 day $0.32 $2,880.00 Type III Barricade 700 day $0.65 $455.00 Portable Sign Stand (spring stand)750 day $1.25 $937.50 Traffic Cone Non-Reflectorized 28"5000 day $0.32 $1,600.00 Traffic Cone Reflectorized 28 Inches day $0.37 $0.37 Sand Bag 10000 day $0.40 $4,000.00 SERIAL 180126-S NATIONAL BARRICADE COMPANY LLC Flag 2000 day $0.50 $1,000.00 Arrow Boards 50 day $20.00 $1,000.00 Temporary Traffic Barriers (Jersey Barriers)100 linear foot $0.15 $15.00 End Section(s) for above Barriers day $24.00 $24.00 Channelizing Drums day $1.50 $1.50 6 Foot Temporary Longitudinal Traffic Barriers water filled (Jersey Type)100 day $2.25 $225.00 Portable Variable Message Signs Three-Line 50 day $40.00 $2,000.00 Temporary Traffic Barriers (Installation/Removal)foot $11.00 $11.00 Lot: PILOT CAR RENTAL WITH DRIVER Item Est. Annual Rental Units Unit Price Total Pilot Car w/Driver 2000 hr $53.15 $106,300.00 Lot: BARRICADE TRUCK RENTAL WITH DRIVER AND TRUCK MOUNTED ATTENUATOR Item Est. Annual Rental Units Unit Price Total Barricade Truck w/Driver 5600 hr $53.15 $280,000.00 Truck Mounted Attenuator w/Driver 25 hr $65.00 $1,625.00 Lot: HOURLY RATES: FLAGGER TRAFFIC CONTROL TECHNICIAN TRAFFIC SUPERVISOR Item Est. Annual Rental Units Unit Price Total Flagger w/flagger paddle (Does not include truck)5820 hr $38.00 $221,160.00 Traffic Control Technician Does not include truck 2800 hr $38.00 $106,400.00 Lot: PURCHASE AND INSTALLATION OF SUPPLIES Item Est. Annual Rental Units Unit Price Total 2-Way Double-faced chip seal road markers with double clear protective cover 10500 each $2.00 $21,000.00 2-Way Raised Pavement Marker Blue (installed)each $3.00 $3.00 1-way Chip seal marker with double clear protective cover 3000 each $2.00 $6,000.00 Lot: MOBILIZATION AND DEMOBILIZATION (TRAVEL TIME) Item Est. Annual Rental Units Unit Price Total Zone 1 1 day $53.15 $53.15 Zone 2 1 day $106.30 $106.30 Zone 3 1 day $159.45 $159.45 SERIAL 180126-S NATIONAL BARRICADE COMPANY LLC Lot: UNIFORMED OFF-DUTY OFFICERS/VEHICLE (MINIMUM 4 HOURS) - Normal Hours Item Est. Annual Rental Units Unit Price Extended AZDPS 4 hour $77.50 $310.00 MCSO 4 hour $75.00 $300.00 Phoenix 4 hour $70.00 $280.00 Mesa 4 hour $70.00 $280.00 Glendale 4 hour $65.00 $260.00 Gilbert 4 hour $83.00 $332.00 Scottsdale 4 hour $77.50 $310.00 Tempe 4 hour $82.60 $330.40 Peoria 4 hour $75.00 $300.00 Goodyear 4 hour $70.00 $280.00 Wickenburg 4 hour $77.50 $310.00 Fountain Hills 4 hour $75.00 $300.00 Chandler 4 hour $86.18 $344.72 Buckeye 4 hour $70.00 $280.00 El Mirage 4 hour $70.00 $280.00 Surprise 4 hour $65.00 $260.00 Avondale 4 hour $75.00 $300.00 Gila River 4 hour $75.00 $300.00 AZ Parks 4 hour $65.00 $260.00 Small Town 4 hour $75.00 $300.00 Lot: UNIFORMED OFF-DUTY OFFICERS/VEHICLE (MINIMUM 4 HOURS) - Overtime AZDPS 1 hour $111.25 $111.25 MCSO 1 hour $107.50 $107.50 Phoenix 1 hour $100.00 $100.00 Mesa 1 hour $100.00 $100.00 Glendale 1 hour $107.50 $107.50 Gilbert 1 hour $119.50 $119.50 Scottsdale 1 hour $111.25 $111.25 Tempe 1 hour $133.90 $133.90 Peoria 1 hour $107.50 $107.50 Goodyear 1 hour $100.00 $100.00 Wickenburg 1 hour $111.25 $111.25 Fountain Hills 1 hour $107.50 $107.50 Chandler 1 hour $124.27 $124.27 Buckeye 1 hour $100.00 $100.00 El Mirage 1 hour $100.00 $100.00 Surprise 1 hour $107.50 $107.50 Avondale 1 hour $107.50 $107.50 SERIAL 180126-S NATIONAL BARRICADE COMPANY LLC Gila River 1 hour $107.50 $107.50 AZ Parks 1 hour $107.50 $107.50 Small Town 1 hour $107.50 $107.50 Lot: UNIFORMED OFF-DUTY OFFICERS/VEHICLE (MINIMUM 4 HOURS) - Vehicle Hourly Rate AZDPS 1 hour $13.75 $13.75 MCSO 1 hour $13.75 $13.75 Phoenix 1 hour $13.75 $13.75 Mesa 1 hour $13.75 $13.75 Glendale 1 hour $13.75 $13.75 Gilbert 1 hour $13.75 $13.75 Scottsdale 1 hour $13.75 $13.75 Tempe 1 hour $13.75 $13.75 Peoria 1 hour $13.75 $13.75 Goodyear 1 hour $13.75 $13.75 Wickenburg 1 hour $13.75 $13.75 Fountain Hills 1 hour $13.75 $13.75 Chandler 1 hour $13.75 $13.75 Buckeye 1 hour $13.75 $13.75 El Mirage 1 hour $13.75 $13.75 Surprise 1 hour $13.75 $13.75 Avondale 1 hour $13.75 $13.75 Gila River 1 hour $13.75 $13.75 AZ Parks 1 hour $13.75 $13.75 Small Town 1 hour $13.75 $13.75 Lot: UNIFORMED OFF-DUTY OFFICERS/VEHICLE (MINIMUM 4 HOURS) - Milage AZDPS 1 mile $0.00 $0.00 MCSO 1 mile $0.00 $0.00 Phoenix 1 mile $0.00 $0.00 Mesa 1 mile $0.00 $0.00 Glendale 1 mile $0.00 $0.00 Gilbert 1 mile $0.00 $0.00 Scottsdale 1 mile $0.00 $0.00 Tempe 1 mile $0.00 $0.00 Peoria 1 mile $0.00 $0.00 Goodyear 1 mile $0.00 $0.00 Wickenburg 1 mile $0.00 $0.00 Fountain Hills 1 mile $0.00 $0.00 Chandler 1 mile $0.00 $0.00 Buckeye 1 mile $0.00 $0.00 SERIAL 180126-S NATIONAL BARRICADE COMPANY LLC El Mirage 1 mile $0.00 $0.00 Surprise 1 mile $0.00 $0.00 Avondale 1 mile $0.00 $0.00 Gila River 1 mile $0.00 $0.00 AZ Parks 1 mile $0.00 $0.00 Small Town 1 mile $0.00 $0.00 PRICING SHEET: NIGP CODE 968-84 Terms: NET 30 Vendor Number: VS0000002303 Certificates of Insurance Required Contract Period: To cover the period ending January 31, 2020 2022 2023. SERIAL 180126-S ROADSAFE TRAFFIC SYSTEMS INC., 3015 E. ILLINI ST, PHOENIX, AZ 85040 COMPANY NAME:RoadSafe Traffic Systems, Inc. DOING BUSINESS AS (dba): MAILING ADDRESS:3015 East Illini St REMIT TO ADDRESS:Phoenix, AZ 85040 TELPHONE NUMBER:602-243-1218 FAX NUMBER:602-243-3470 WWW ADDRESS:www.roadsafetraffic.com REPRESENTATIVE NAME:Jeff Meirick REPRESENTATIVE TELEPHONE NUMBER:480-352-3710 REPRESENTATIVE EMAIL ADDRESS jmeirick@roadsafetraffic.com bhengen@roadsafetraffic.com YES NO REBATE WILL ALLOW OTHER GOVERNMENTAL ENTITIES TO PURCHASE FROM THIS CONTRACT: WILL ACCEPT PROCUREMENT CARD FOR PAYMENT NET 30 DAYS QUATERNARY TERTIARY Lot: SIGNS Item Est. Annual Rental Units Unit Price Total Large Sign 48" x 48" (2304 Sq. In.) or Larger 3000 day $1.75 $5,250.00 Medium Sign 36" x 36"" (1296-2303 Sq. In.)4000 day $1.00 $4,000.00 Small Sign 24" x 24" (576 -1295 Sq. In.)4000 day $0.75 $3,000.00 Lot: WARNING LIGHTS (FLASHERS) Item Est. Annual Rental Units Unit Price Total Type A Low Intensity Flashing warning light 1000 day $0.25 $250.00 Type B High Intensity Flashing warning light 5000 day $1.00 $5,000.00 Type C Low Intensity Steady Burn warning light 10000 day $0.25 $2,500.00 Type D 360 Degree Steady Burn warning light 10 day $3.50 $35.00 Lot: BARRICADES CONES MISCELLANEOUS Item Est. Annual Rental Units Unit Price Total Type I Barricade -Vertical Panel 1000 day $0.50 $500.00 Type II Barricade 9000 day $0.50 $4,500.00 Type III Barricade 700 day $1.00 $700.00 Portable Sign Stand (spring stand)750 day $1.50 $1,125.00 Traffic Cone Non-Reflectorized 28"5000 day $0.50 $2,500.00 Traffic Cone Reflectorized 28 Inches day $0.50 $0.50 Sand Bag 10000 day $0.50 $5,000.00 SERIAL 180126-S ROADSAFE TRAFFIC SYSTEMS INC., Flag 2000 day $1.00 $2,000.00 Arrow Boards 50 day $20.00 $1,000.00 Temporary Traffic Barriers (Jersey Barriers)100 linear foot $0.15 $15.00 End Section(s) for above Barriers day $285.00 $285.00 Channelizing Drums day $2.00 $2.00 6 Foot Temporary Longitudinal Traffic Barriers water filled (Jersey Type)100 day $2.50 $250.00 Portable Variable Message Signs Three-Line 50 day $55.00 $2,750.00 Temporary Traffic Barriers (Installation/Removal)foot $12.00 $12.00 Lot: PILOT CAR RENTAL WITH DRIVER Item Est. Annual Rental Units Unit Price Total Pilot Car w/Driver 2000 hr $50.00 $100,000.00 Lot: BARRICADE TRUCK RENTAL WITH DRIVER AND TRUCK MOUNTED ATTENUATOR Item Est. Annual Rental Units Unit Price Total Barricade Truck w/Driver 5600 hr $55.00 $308,000.00 Truck Mounted Attenuator w/Driver 25 hr $65.00 $1,625.00 Lot: HOURLY RATES: FLAGGER TRAFFIC CONTROL TECHNICIAN TRAFFIC SUPERVISOR Item Est. Annual Rental Units Unit Price Total Flagger w/flagger paddle (Does not include truck)5820 hr $38.00 $221,160.00 Traffic Control Technician Does not include truck 2800 hr $38.00 $106,400.00 Lot: PURCHASE AND INSTALLATION OF SUPPLIES Item Est. Annual Rental Units Unit Price Total 2-Way Double-faced chip seal road markers with double clear protective cover 10500 each $2.00 $21,000.00 2-Way Raised Pavement Marker Blue (installed)each $2.50 $2.50 1-way Chip seal marker with double clear protective cover 3000 each $2.00 $6,000.00 Lot: MOBILIZATION AND DEMOBILIZATION (TRAVEL TIME) Item Est. Annual Rental Units Unit Price Total Zone 1 1 day $75.00 $75.00 Zone 2 1 day $125.00 $125.00 Zone 3 1 day $150.00 $150.00 SERIAL 180126-S ROADSAFE TRAFFIC SYSTEMS INC., Lot: UNIFORMED OFF-DUTY OFFICERS/VEHICLE (MINIMUM 4 HOURS) - Normal Hours Item Est. Annual Rental Units Unit Price Extended AZDPS 4 hour $66.00 $264.00 MCSO 4 hour $72.00 $288.00 Phoenix 4 hour $62.00 $248.00 Mesa 4 hour $73.00 $292.00 Glendale 4 hour $62.00 $248.00 Gilbert 4 hour $85.00 $340.00 Scottsdale 4 hour $70.00 $280.00 Tempe 4 hour $92.00 $368.00 Peoria 4 hour $62.00 $248.00 Goodyear 4 hour $67.00 $268.00 Wickenburg 4 hour $62.00 $248.00 Fountain Hills 4 hour $73.00 $292.00 Chandler 4 hour $88.00 $352.00 Buckeye 4 hour $62.00 $248.00 El Mirage 4 hour $62.00 $248.00 Surprise 4 hour $76.00 $304.00 Avondale 4 hour $62.00 $248.00 Gila River 4 hour $62.00 $248.00 AZ Parks 4 hour $62.00 $248.00 Small Town 4 hour $62.00 $248.00 Lot: UNIFORMED OFF-DUTY OFFICERS/VEHICLE (MINIMUM 4 HOURS) - Overtime AZDPS 1 hour $99.00 $99.00 MCSO 1 hour $123.00 $123.00 Phoenix 1 hour $93.00 $93.00 Mesa 1 hour $109.50 $109.50 Glendale 1 hour $93.00 $93.00 Gilbert 1 hour $127.50 $127.50 Scottsdale 1 hour $105.00 $105.00 Tempe 1 hour $138.00 $138.00 Peoria 1 hour $93.00 $93.00 Goodyear 1 hour $100.50 $100.50 Wickenburg 1 hour $93.00 $93.00 Fountain Hills 1 hour $109.50 $109.50 Chandler 1 hour $133.50 $133.50 Buckeye 1 hour $93.00 $93.00 El Mirage 1 hour $93.00 $93.00 Surprise 1 hour $114.00 $114.00 Avondale 1 hour $93.00 $93.00 SERIAL 180126-S ROADSAFE TRAFFIC SYSTEMS INC., Gila River 1 hour $93.00 $93.00 AZ Parks 1 hour $93.00 $93.00 Small Town 1 hour $93.00 $93.00 Lot: UNIFORMED OFF-DUTY OFFICERS/VEHICLE (MINIMUM 4 HOURS) - Vehicle Hourly Rate AZDPS 1 hour $15.00 $15.00 MCSO 1 hour $8.00 $8.00 Phoenix 1 hour $8.00 $8.00 Mesa 1 hour $8.00 $8.00 Glendale 1 hour $8.00 $8.00 Gilbert 1 hour $8.00 $8.00 Scottsdale 1 hour $8.00 $8.00 Tempe 1 hour $8.00 $8.00 Peoria 1 hour $8.00 $8.00 Goodyear 1 hour $8.00 $8.00 Wickenburg 1 hour $8.00 $8.00 Fountain Hills 1 hour $8.00 $8.00 Chandler 1 hour $8.00 $8.00 Buckeye 1 hour $8.00 $8.00 El Mirage 1 hour $8.00 $8.00 Surprise 1 hour $8.00 $8.00 Avondale 1 hour $8.00 $8.00 Gila River 1 hour $8.00 $8.00 AZ Parks 1 hour $8.00 $8.00 Small Town 1 hour $8.00 $8.00 Lot: UNIFORMED OFF-DUTY OFFICERS/VEHICLE (MINIMUM 4 HOURS) - Milage AZDPS 1 mile $0.50 $0.50 MCSO 1 mile $0.50 $0.50 Phoenix 1 mile $0.50 $0.50 Mesa 1 mile $0.50 $0.50 Glendale 1 mile $0.50 $0.50 Gilbert 1 mile $0.50 $0.50 Scottsdale 1 mile $0.50 $0.50 Tempe 1 mile $0.50 $0.50 Peoria 1 mile $0.50 $0.50 Goodyear 1 mile $0.50 $0.50 Wickenburg 1 mile $0.50 $0.50 Fountain Hills 1 mile $0.50 $0.50 Chandler 1 mile $0.50 $0.50 Buckeye 1 mile $0.50 $0.50 SERIAL 180126-S ROADSAFE TRAFFIC SYSTEMS INC., El Mirage 1 mile $0.50 $0.50 Surprise 1 mile $0.50 $0.50 Avondale 1 mile $0.50 $0.50 Gila River 1 mile $0.50 $0.50 AZ Parks 1 mile $0.50 $0.50 Small Town 1 mile $0.50 $0.50 PRICING SHEET: NIGP CODE 968-84 Terms: NET 30 Vendor Number: VC0000002511 Certificates of Insurance Required Contract Period: To cover the period ending January 31, 2020 2022 2023. SERIAL 180126-S TEMPORARY TRAFFIC CONTROL SERVICES 1.0 INTENT: The intent of this solicitation is to establish a contract for Temporary Traffic Control Services. This pricing agreement is for providing personnel and equipment for on-call barricade service in support of the Maricopa County Department of Transportation (MCDOT) projects. This service is to be authorized by Purchase Order only. Certain related products shall be purchased on this contract Maricopa County reserves the right to award this contract to multiple vendors. The County reserves the right to award in whole or in part, by item or group of items, by section or geographic area, or make multiple awards, where such action serves the County’s best interest. Other governmental entities under agreement with the County may have access to services provided hereunder (see also Sections 3.7 and 3.8, below). The County reserves the right to add additional contractors, at the County’s sole discretion, in cases where the currently listed contractors are of an insufficient number or skill-set to satisfy the County’s needs or to ensure adequate competition on any project or task order work. 2.0 SPECIFICATIONS: 2.1 DESCRIPTION: The service shall consist of providing temporary traffic control services in support of County maintenance and repair operations using Contractor furnished equipment and labor on an as needed basis. The Contractor shall furnish all labor, materials, services, insurance and equipment necessary for the delivery, placement, maintenance, removal of temporary traffic control equipment, as well as labor for temporary traffic control purposes as set forth in these specifications. 2.2 TRAFFIC CONTROL MATERIAL AND LABOR: 2.2.1 The specific layout and setup of traffic control shall be governed by these specifications; Manual on Uniform Traffic Control Devices (MUTCD) (see item 2.5), and/or MCDOT pre-approved traffic control plans. The Contractor shall be provided with a list of personnel authorized to order services. The Contractor shall be furnished written documentation of specific projects, and expected dates of operation and shall respond within seven (7) calendar days to indicate their willingness to accept the project. Contractor shall be responsible to prepare specific traffic plans, which shall be approved in advance by MCDOT. If the Primary Contractor is unwilling or unable to accept the specific project, the project shall be awarded to the Secondary Contractor. Changes in traffic control plans or procedures may be authorized if substitute method of operation and set up supporting work is accepted by MCDOT. The County may utilize typical traffic control plans during the term of this contract and such plans will be provided to the Contractor. 2.2.1.1 MOBILIZATION & DEMOBILIZATION (TRAVEL TIME) There are three (3) zones for mobilization & demobilization, this is driving time to and from job sites throughout Maricopa County. The charge will be one (1) time per day to include both mobilization and demobilization. See Attachment A, Pricing Page, item 1.8 for the three (3) zones. 2.2.2 The Contractor’s Foreman shall be an ATSSA Certified Traffic Control Technician. A list of certified personnel shall be provided to the MCDOT Engineer prior to the beginning of any project. (The Contractor shall only utilize personnel who are certified flaggers.) Flaggers shall be certified by IMSA, ATSSA, LTAP or other approved sources. SERIAL 180126-S 2.2.3 Existing signs conflicting with construction signing shall be covered. Centerline vertical panels with appropriate "Keep Right" signing shall be installed if required by MCDOT. Two sand bags shall be required on all portable signs and vertical panels, if more are required due to weather conditions, they will be provided at no charge to the County. 2.2.4 The County may provide one (1) operational portable communications radio for the Contractor’s Foreman use. Contractor shall replace radio if lost or damaged by Contractor. 2.2.5 The Contractor shall pick up and remove signs, barricades, channels and other devices within twenty four (24) hours of notification and all covered signs shall be restored. 2.2.6 The contractor shall maintain a log of all requests for service. The log shall include name of requestor, date, time, and the required action to include: 2.2.6.1 Initial requests for signing. 2.2.6.2 Any additions or changes in signing. 2.2.6.3 The road segment being signed and traffic control requested. 2.2.7 The Contractor shall inspect and maintain all contractor installed portable traffic control devices at least once during each twenty-four (24) hour period. More frequent intervals of inspection and maintenance shall be made during periods of high winds or in areas where there is a continuing problem in maintaining the signs. Reports of all inspections with deficiencies shall be required and reported daily to the MCDOT. 2.2.8 The Contractor shall provide qualified supervision of all crews during the performance of the service. Supervisors and flaggers/laborers must be able to converse in the English language, and shall be authorized by the Contractor to receive and carry out directives issued by the MCDOT. 2.2.9 Portable Variable Message Signs; the message display shall utilize Light Emitting Diodes (LED’s), Flip-Disk, Flip-Disk/Hybrid or LED/Shuttered pixel for all matrix types (character, line and full). 2.2.10 All signs shall be NCFRP compliant, meet the requirements of the MCDOT Supplement to MAG, and the MCDOT Sign/Barricade Manual(s). 2.2.11 PILOT CAR WITH DRIVER Shall be ½ to one-ton truck with high-intensity rotating, flashing, oscillating, or strobe light and conspicuous location on the rear of vehicle to mount PILOT CAR FOLLOW ME (G20-4). 2.2.12 BARRICADE TRUCK WITH DRIVER Shall be a one (1) ton to one-and-one-half (1-1/2) ton truck capable of transporting all signs, delineators, cones, channels, flagging supplies, double-faced flexible road markers with a double clear protector tab, portable radios and other signing supplies required for the day's activity. The truck shall be equipped with high-intensity rotating, flashing, oscillating, or strobe light and variable message board. If the Contractor is unable to provide delivery and layout within the specified time, immediate notification will be made to the MCDOT Engineer. 2.2.13 TRUCK MOUNTED ATTENUATORS Truck-mounted attenuators shall be energy-absorbing devices attached to the rear of trucks and shall be used in accordance MUTCD Section 6F.82, or the latest revision of. SERIAL 180126-S 2.2.14 UNIFORMED OFF-DUTY OFFICER(S): The Contractor shall provide when requested by MCDOT State of Arizona Sworn uniformed off-duty officer(s) for temporary traffic control presence. Fully equipped vehicle may be required when requested by MCDOT. 2.3 CHIP SEAL MARKERS: 2.3.1 Chip Seal Marker, covered, 2-way yellow, Davidson TPRM-Y2 or equal. 2.3.2 Chip Seal Marker, covered, 1-way white, Davidson TPRM-W1or equal. 2.4 INSTALLATION CONFLICTS: In the event that MCDOT Highway Operations Engineer or his designee and the Contractor cannot agree on the proper traffic control or barricade installation, the judgment of the MCDOT Engineer or his designee shall prevail. The Contractor may request arbitration by the MCDOT Engineer. The Contractor shall comply with the decisions made by the MCDOT Engineer as a result of such arbitration. 2.5 REPORTS: Daily work sheets and a daily detailed listing of all the roads under signing shall be provided to the MCDOT Engineer. The report shall include the date signing was set up, the number and type of devices used for each mile, the date and time inspections were conducted (including the name of the traffic control tech and MCDOT inspector), the date and time signing was removed (or the work that is continuing). The Contractor and the MCDOT engineer shall sign the report daily. 2.6 STANDARDS: All equipment, signs, barricades and lighting devices shall be NCHRP-350 compliant, to the most current Federal Highway Administration MANUAL OF UNIFORM TRAFFIC CONTROL DEVICES for streets and highways and all other polices or regulations on traffic control adopted by MCDOT. 2.7 COUNTY SIGNING: The County reserves the right to provide, install or set up construction signing and barricading as deemed necessary with County forces or by the Secondary Contractor if adequate materials and personnel cannot be supplied by the Contractor. 2.8 DAMAGED, STOLEN OR LOST SIGNING: All lost, stolen or damaged devices shall be immediately replaced by the Contractor or removed from the rental equipment listing upon notification by a MCDOT representative. MCDOT will make rental payments only for equipment that is physically used on projects and in acceptable working order verified by the MCDOT. Contractor shall not be reimbursed by MCDOT for the replacement value of lost or stolen equipment. 2.9 DISPATCH CENTER: The Contractor shall provide and maintain a manned twenty-four (24) hour dispatch center with an operational radio net and telephone to provide emergency service. The dispatch center must have at its disposal a sufficient number of trucks, men and equipment to respond to requests and initiate mobilization for service within two (2) hours, including nights, weekends and holidays. During active road maintenance operations, the men and equipment shall respond and mobilize within one (1) hour for the daily scheduled service. SERIAL 180126-S 2.10 SAFETY REQUIREMENTS: The Contractor shall adhere to all applicable OSHA, industry and local government safety procedures, rules and regulations. The Contractor shall train its personnel in appropriate safety standards relating to the performance of services described in these Technical Specifications. 2.11 INSPECTIONS: The County reserves the right to inspect each bidder’s equipment and review their application procedures prior to contract award. 2.12 QUALIFICATION OF BIDDERS: CONTRACTOR shall have minimum of five (5) years of experience. Only firms experienced in the processes of road construction/maintenance traffic control and barricading renting will be considered for contract award. 2.13 LICENSES AND PERMITS: The CONTRACTOR shall, at its expense, procure all necessary licenses and permits relating to Contractors operation in connection with the services described in these Technical Specifications. 2.14 PROTECTION OF PUBLIC AND PRIVATE PROPERTY: The contractor shall exercise prudent caution to protect pedestrian and vehicular traffic. Contractor shall further avoid causing damage to public and private property. If in the opinion of the MCDOT representative, the Contractor engages in a hazardous practice, Contractor shall cease such activity immediately after verbal or written notification by the MCDOT representative. 2.15 BILLING: The billing for services shall follow the daily report format and include a listing by road segments specified by the MCDOT Engineer W.O. number. Included with this will be the date and time, whether it was installation or removal, what type of activity (i.e. flagging, signing, inspection, etc.), what type of activity that the work is supporting (i.e. Chip Seal, Sweeping or Flushing), truck numbers of vehicles physically on the work site and the employee identification numbers for those employees physically on the work site. Signed daily work sheets shall be used to verify billing. 2.16 DELIVERY: It shall be the Contractor’s responsibility to meet the County’s delivery requirements, as called for in the Technical Specifications. Maricopa County reserves the right to obtain services on the open market in the event the Contractor fails to make delivery and any price differential will be charged against the Contractor. 3.0 PURCHASING REQUIREMENTS: 3.1 USAGE REPORT: The Contractor shall furnish the County a usage report upon request delineating the acquisition activity governed by the Contract. The format of the report shall be approved by the County and shall disclose the quantity and dollar value of each contract item by individual unit. 3.2 INVOICES AND PAYMENTS: 3.2.1 The Contractor shall submit one (1) legible copies of their detailed invoice before payment(s) can be made. Incomplete invoices will not be processed. At a minimum, the invoice must provide the following information: SERIAL 180126-S • Company name, address and contact • County bill-to name and contact information • Contract Serial Number or • County purchase order number • Invoice number and date • Payment terms • Date of service or delivery • Quantity (number of days or weeks) • Contract Item number(s) • Description of Purchase (product or services) • Pricing per unit of purchase • Freight (if applicable) • Extended price • Mileage w/rate (if applicable) • Arrival and completion time (if applicable) • Total Amount Due 3.2.2 Problems regarding billing or invoicing shall be directed to the using agency as listed on the Purchase Order. 3.2.3 Payment shall only be made to the Contractor by Accounts Payable through the Maricopa County Vendor Express Payment Program. This is an Electronic Funds Transfer (EFT) process. After Contract Award the Contractor shall complete the Vendor Registration Form located on the County Department of Finance Vendor Registration Web Site http://www.maricopa.gov/Finance/Vendors.aspx. 3.2.4 Discounts offered in the contract shall be calculated based on the date a properly completed invoice is received by the County (ROI). 3.2.5 EFT payments to the routing and account numbers designated by the Contractor will include the details on the specific invoices that the payment covers. The Contractor is required to discuss remittance delivery capabilities with their designated financial institution for access to those details. 3.3 APPLICABLE TAXES: 3.3.1 Payment of Taxes: The Contractor shall pay all applicable taxes. With respect to any installation labor on items that are not attached to real property performed by Contractor under the terms of this Contract, the installation labor cost and the gross receipts for materials provided shall be listed separately on the Contractor’s invoices. 3.3.2 State and Local Transaction Privilege Taxes: To the extent any State and local transaction privilege taxes apply to sales made under the terms of this contract it is the responsibility of the seller to collect and remit all applicable taxes to the proper taxing jurisdiction of authority. 3.3.3 Tax Indemnification: Contractor and all subcontractors shall pay all Federal, State, and local taxes applicable to its operation and any persons employed by the Contractor. Contractor shall, and require all subcontractors to hold Maricopa County harmless from any responsibility for taxes, damages and interest, if applicable, contributions required under Federal, and/or State and local laws and regulations, and any other costs including; transaction privilege taxes, unemployment compensation insurance, Social Security, and Worker’s Compensation. 3.4 TAX (SERVICES): No tax shall be invoiced or paid against Contractor’s labor. It is the responsibility of the Contractor to determine any and all applicable taxes and include the cost in the proposal price. SERIAL 180126-S 3.5 PERFORMANCE: It shall be the Contractor’s responsibility to meet the proposed performance requirements. Maricopa County reserves the right to obtain services on the open market in the event the Contractor fails to perform and any price differential will be charged against the Contractor. 3.6 POST AWARD MEETING: The Contractor may be required to attend a post-award meeting with the Using Agency to discuss the terms and conditions of this Contract. This meeting will be coordinated by the Procurement Officer of the Contract. 3.7 STRATEGIC ALLIANCE for VOLUME EXPENDITURES ($AVE): The County is a member of the $AVE cooperative purchasing group. $AVE includes the State of Arizona, many Phoenix metropolitan area municipalities, and many K-12 unified school districts. Under the $AVE Cooperative Purchasing Agreement, and with the concurrence of the successful Respondent under this solicitation, a member of $AVE may access a contract resulting from a solicitation issued by the County. If you do not want to grant such access to a member of $AVE, please state so in your bid. In the absence of a statement to the contrary, the County will assume that you do wish to grant access to any contract that may result from this bid. 3.8 INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENTS (ICPA’s): County currently holds ICPA’s with numerous governmental entities throughout the State of Arizona. These agreements allow those entities, with the approval of the Contractor, to purchase their requirements under the terms and conditions of the County Contract. Please indicate on Attachment A, your acceptance or rejection regarding such participation of other governmental entities. Your response will not be considered as an evaluation factor in awarding a contract. 3.9 VOLUNTARY EMPLOYEE DISCOUNTS: 3.9.1 Vendors may voluntarily offer discounts to County employees for products or services provided under this contract. Whether a vendor offers or does not offer an employee discount is not a factor in nor considered in the evaluation of responses to this solicitation. 3.9.2 Any discount offered is part of a commercial transaction between the vendor and individual County employees and the County is not a party to the transaction. Any disputes or issues arising from an individual commercial transaction between the vendor and an individual County employee is a matter between the vendor and the employee. If a discount is offered, the terms will be announced to County employees. 4.0 CONTRACTUAL TERMS & CONDITIONS: 4.1 CONTRACT TERM: This Invitation for Bid is for awarding a firm, fixed-price purchasing contract to cover a term of two (2) years. 4.2 OPTION TO RENEW: The County may, at its option and with the concurrence of the Contractor, renew the term of this Contract up to a maximum of three (3) additional years, (or at the County’s sole discretion, extend the contract on a month to month basis for a maximum of six (6) months after expiration). The Contractor shall be notified in writing by the Office of Procurement Services of the County’s intention to renew the contract term at least sixty (60) calendar days prior to the expiration of the original contract term. SERIAL 180126-S 4.3 CONTRACT COMPLETION: The Contractor shall make all reasonable efforts for an orderly transition of its duties and responsibilities to another provider and/or to the County. This may include but is not limited to preparation of a transition plan and cooperation with the County or other providers in the transition. The transition includes the transfer of all records, and other data in the possession, custody or control of Contractor required to be provided to the County either by the terms of this agreement or as a matter of law. The provisions of this clause shall survive the expiration or termination of this agreement. 4.4 PRICE ADJUSTMENTS: Any requests for reasonable price adjustments must be submitted sixty (60) days prior to the Contract annual anniversary date. Requests for adjustment in cost of labor and/or materials must be supported by appropriate documentation. The reasonableness of the request will be determined by comparing the request with the Consumer Price Index or by performing a market survey. If County agrees to the adjusted price terms, County shall issue written approval of the change and provide an updated version of the Contract. The new change shall not be in effect until the date stipulated on the Contract. 4.5 FUEL COST PRICE ADJUSTMENT: 4.5.1 This provision provides for limited increased or decreased costs of motor fuels (fuels) used to perform services under this Contract. This provision does not apply to burner fuel (i.e. propane, natural gas, fuel oil, used motor oil). It applies to motor fuel only. Fuel cost adjustments may be either positive or negative. A positive fuel cost adjustment will result in an increase in payments to Contractor while a negative fuel cost adjustment will result in a decrease in payments to Contractor. 4.5.2 This provision is intended to minimize risk to both parties to this Contract due to fuel cost fluctuations that may occur during the term of this Contract. This provision is not designed to estimate actual quantities of fuel used in providing services under this Contract, but to provide a reasonable basis for calculating a fuel cost adjustment based on average conditions. 4.5.3 Application of this provision will come into effect upon Contractor submittal of a fuel cost adjustment request. A request may be submitted only when the increased cost of fuel, established as a percentage of total contract price (base fuel cost) upon award of this Contract, exceeds ten (10%) percent of the base fuel cost. The Contractor may request a fuel surcharge no more than four (4) times annually, during the month(s) of March, June, September and December. The request must be submitted no later than the tenth (10th) of the month. Any surcharge shall be effective the first of the following month after receipt and approval. The date of County approval of a fuel cost adjustment request shall become the base date for any future Contractor adjustment requests. 4.5.4 Contractor shall include, as part of its price bid, the percentage of total contract price fuel represents (e.g., fuel cost equals 10% of Contractor cost) (see also, Attachment A, Vendor Information). This percentage will represent and establish the base fuel cost for this Contract. The base fuel cost shall be established as the due date for submission of bids for this Contract. All subsequent fuel cost adjustments shall be based upon the date the County approves a Contractor’s request for fuel cost adjustment (e.g. fuel cost adjustment approved by County on January 1, 2006, January 1, 2006 becomes base date for any next Contractor request for adjustment). 4.5.5 Fuel Cost Application Requirement. The Contractor must provide documentation including type of motor fuel and fuel invoices with price of the fuel used in providing services under this Contract, from the month bids were due and the month of the cost adjustment request, with any fuel cost adjustment application. The fuel cost adjustment application must be completed with all applicable data, and signed by the Contractor. SERIAL 180126-S Any cost adjustment will be calculated by the County by using the bureau of Labor Statistics, Producer Price Index for Gasoline – WPU0571 and #2 Diesel Fuel – WPO57303 (http://data.bls.gov/cgi-bin/surveymost?wp). 4.5.6 The fuel surcharge shall be based on the current quarterly index of the West Coast (PADD5) Diesel (On-Highway)-All Types or Reformulated Areas Gasoline compared to the previous quarterly index period as reported on the Energy Information Administration (EIA) website: http://www.eia.doe.gov/ 4.5.7 The computation of the fuel surcharge amount shall be determined as follows: 4.5.7.1 The fuel cost component from Attachment A (vendor information) of the Contract with Maricopa County, multiplied by the percent of change indicated by the EIA report from the previous index period. 4.5.7.2 Upon agreement by the County to the surcharge, the County shall issue written approval of the change prior to any adjusted invoicing submitted for payment. 4.5.7.3 The surcharge shall be added as a separate line item to the invoice. 4.6 INDEMNIFICATION: To the fullest extent permitted by law, and to the extent that claims, damages, losses or expenses are not covered and paid by insurance purchased by the Contractor, the Contractor shall defend indemnify and hold harmless the County (as Owner), its agents, representatives, agents, officers, directors, officials, and employees from and against all claims, damages, losses, and expenses (including, but not limited to attorneys' fees, court costs, expert witness fees, and the costs and attorneys' fees for appellate proceedings) arising out of, or alleged to have resulted from the negligent acts, errors, omissions, or mistakes relating to the performance of this Contract. Contractor's duty to defend, indemnify, and hold harmless the County, its agents, representatives, agents, officers, directors, officials, and employees shall arise in connection with any claim, damage, loss, or expense that is attributable to bodily injury, sickness, disease, death or injury to, impairment of, or destruction of tangible property, including loss of use resulting there from, caused by negligent acts, errors, omissions, or mistakes in the performance of this Contract, but only to the extent caused by the negligent acts or omissions of the Contractor, a subcontractor, any one directly or indirectly employed by them, or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss, or expense is caused in part by a party indemnified hereunder. The amount and type of insurance coverage requirements set forth herein will in no way be construed as limiting the scope of the indemnity in this paragraph. The scope of this indemnification does not extend to the sole negligence of County. Each Party (as "indemnitor") agrees to indemnify, defend, and hold harmless the other Party (as "indemnitee") from and against any and all claims, losses, liability, costs, or expenses (including reasonable attorney's fees) (hereinafter collectively referred to as "claims") arising out of the negligent performance of this Agreement, but only to the extent that such claims which result in vicarious/derivative liability to the indemnitee are caused by the act, omission, negligence, misconduct, or other fault of the indemnitor, its officers, officials, agents, employees, or volunteers. 4.7 INSURANCE: 4.7.1 Contractor, at Contractor’s own expense, shall purchase and maintain the herein stipulated minimum insurance from a company or companies duly licensed by the State of Arizona and possessing a current A.M. Best, Inc. rating of B++. In lieu of State of Arizona licensing, the stipulated insurance may be purchased from a company or SERIAL 180126-S companies, which are authorized to do business in the State of Arizona, provided that said insurance companies meet the approval of County. The form of any insurance policies and forms must be acceptable to County. 4.7.2 All insurance required herein shall be maintained in full force and effect until all work or service required to be performed under the terms of the Contract is satisfactorily completed and formally accepted. Failure to do so may, at the sole discretion of County, constitute a material breach of this Contract. 4.7.3 Contractor’s insurance shall be primary insurance as respects County, and any insurance or self-insurance maintained by County shall not contribute to it. 4.7.4 Any failure to comply with the claim reporting provisions of the insurance policies or any breach of an insurance policy warranty shall not affect the County’s right to coverage afforded under the insurance policies. 4.7.5 The insurance policies may provide coverage that contains deductibles or self-insured retentions. Such deductible and/or self-insured retentions shall not be applicable with respect to the coverage provided to County under such policies. Contractor shall be solely responsible for the deductible and/or self-insured retention and County, at its option, may require Contractor to secure payment of such deductibles or self-insured retentions by a surety bond or an irrevocable and unconditional letter of credit. 4.7.6 The insurance policies required by this Contract, except Workers’ Compensation and Errors and Omissions, shall name County, its agents, representatives, officers, directors, officials and employees as Additional Insureds. 4.7.7 The policies required hereunder, except Workers’ Compensation and Errors and Omissions, shall contain a waiver of transfer of rights of recovery (subrogation) against County, its agents, representatives, officers, directors, officials and employees for any claims arising out of Contractor’s work or service. 4.7.8 Commercial General Liability: Commercial General Liability insurance and, if necessary, Commercial Umbrella insurance with a limit of not less than $1,000,000 for each occurrence, $2,000,000 Products/Completed Operations Aggregate, and $2,000,000 General Aggregate Limit. The policy shall include coverage for premises liability, bodily injury, broad form property damage, personal injury, products and completed operations and blanket contractual coverage, and shall not contain any provisions which would serve to limit third party action over claims. There shall be no endorsement or modifications of the CGL limiting the scope of coverage for liability arising from explosion, collapse, or underground property damage. 4.7.9 Automobile Liability: Commercial/Business Automobile Liability insurance and, if necessary, Commercial Umbrella insurance with a combined single limit for bodily injury and property damage of not less than $1,000,000 each occurrence with respect to any of the Contractor’s owned, hired, and non-owned vehicles assigned to or used in performance of the Contractor’s work or services or use or maintenance of the Premises under this Contract. 4.7.10 Workers’ Compensation: Workers’ Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction of Contractor’s employees engaged in the performance of the work or services under this Contract; and Employer’s Liability insurance of not less than $1,000,000 for each accident, $1,000,000 disease for each employee, and $1,000,000 disease policy limit. SERIAL 180126-S Contractor, its contractors and its subcontractors waive all rights against Contract and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the Workers’ Compensation and Employer’s Liability or commercial umbrella liability insurance obtained by Contractor, its contractors and its subcontractors pursuant to this Contract. 4.7.11 Certificates of Insurance: 4.7.11.1 Prior to Contract AWARD, Contractor shall furnish the County with valid and complete certificates of insurance, or formal endorsements as required by the Contract in the form provided by the County, issued by Contractor’s insurer(s), as evidence that policies providing the required coverage, conditions and limits required by this Contract are in full force and effect. Such certificates shall identify this contract number and title. 4.7.11.2 In the event any insurance policy (ies) required by this contract is (are) written on a “claims made” basis, coverage shall extend for two years past completion and acceptance of Contractor’s work or services and as evidenced by annual Certificates of Insurance. 4.7.11.3 If a policy does expire during the life of the Contract, a renewal certificate must be sent to County fifteen (15) days prior to the expiration date. 4.7.12 Cancellation and Expiration Notice: Applicable to all insurance policies required within the Insurance Requirements of this Contract, Contractor’s insurance shall not be permitted to expire, be suspended, be canceled, or be materially changed for any reason without thirty (30) days prior written notice to Maricopa County. Contractor must provide to Maricopa County, within 2 business days of receipt, if they receive notice of a policy that has been or will be suspended, canceled, materially changed for any reason, has expired, or will be expiring. Such notice shall be sent directly to Maricopa County Office of Procurement Services and shall be mailed or hand delivered to 320 West Lincoln Street, Phoenix, AZ 85003, or emailed to the Procurement Officer noted in the solicitation. 4.8 ORDERING AUTHORITY: 4.8.1 Any request for purchase shall be accompanied by a valid purchase order, issued by Office of Procurement Services, a Purchase Order issued by the using Department or direction by a Certified Agency Procurement Aid (CAPA) with a Purchase Card for payment. 4.9 REQUIREMENTS CONTRACT: 4.9.1 This Contract does not guarantee any minimum or maximum purchases will be made. If purchases are made for the materials or requirement contained in the Contract, they will be purchased from the Contractor awarded that line item. Orders will only be placed under this contract when the County identifies a need and proper authorization and documentation have been approved. 4.9.2 Contractors agree to accept verbal notification of cancellation of Purchase Orders from the County Procurement Officer with written notification to follow. Contractor specifically acknowledges to be bound by this cancellation policy. 4.10 PURCHASE ORDERS: County reserves the right to cancel Purchase Orders within a reasonable period of time after issuance. Should a Purchase Order be canceled, the County agrees to reimburse the Contractor for SERIAL 180126-S actual and documentable costs incurred by the Contractor in response to the Purchase Order. The County will not reimburse the Contractor for any costs incurred after receipt of County notice of cancellation, or for lost profits, shipment of product prior to issuance of Purchase Order, etc. 4.11 SUSPENSION OF WORK: The Procurement Officer may order the Contractor, in writing, to suspend, delay, or interrupt all or any part of the work of this contract for the period of time that the Procurement Officer determines appropriate for the convenience of the County. No adjustment shall be made under this clause for any suspension, delay, or interruption to the extent that performance would have been so suspended, delayed, or interrupted by any other cause, including the fault or negligence of the Contractor. No request for adjustment under this clause shall be granted unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of the suspension, delay, or interruption, but not later than the date of final payment under the contract. 4.12 STOP WORK ORDER: The Procurement Officer may, at any time, by written order to the Contractor, require the Contractor to stop all, or any part, of the work called for by this contract for a period of 90 days after the order is delivered to the Contractor, and for any further period to which the parties may agree. The order shall be specifically identified as a stop work order issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Within a period of 90 days after a stop-work is delivered to the Contractor, or within any extension of that period to which the parties shall have agreed, the Procurement Officer shall either: 4.12.1 Cancel the stop-work order; or 4.12.2 Terminate the work covered by the order as provided in the Default, or the Termination for Convenience of the County, clause of this Contract. 4.12.3 The Procurement Officer may make an equitable adjustment in the delivery schedule and/or Contract price, or otherwise, and the Contract shall be modified, in writing, accordingly, if the Contractor demonstrates that the stop work order resulted in an increase in costs to the Contractor. 4.13 TERMINATION FOR CONVENIENCE: Maricopa County may terminate the resultant Contract for convenience by providing sixty (60) calendar days advance notice to the Contractor. 4.14 TERMINATION FOR DEFAULT: The County may, by written notice of default to the Contractor, terminate this contract in whole or in part if the Contractor fails to: 4.14.1 Deliver the supplies or to perform the services within the time specified in this contract or any extension; 4.14.2 Make progress, so as to endanger performance of this contract; or 4.14.3 Perform any of the other provisions of this contract. The County’s right to terminate this contract under these subparagraphs may be exercised if the Contractor does not cure such failure within 10 days (or more if authorized in writing by the County) after receipt of the notice from the Procurement Officer specifying the failure. SERIAL 180126-S 4.15 STATUTORY RIGHT OF CANCELLATION FOR CONFLICT OF INTEREST: Notice is given that pursuant to A.R.S. § 38-511 the County may cancel any Contract without penalty or further obligation within three years after execution of the Contract, if any person significantly involved in initiating, negotiating, securing, drafting or creating the Contract on behalf of the County is at any time while the Contract or any extension of the Contract is in effect, an employee or agent of any other party to the Contract in any capacity or consultant to any other party of the Contract with respect to the subject matter of the Contract. Additionally, pursuant to A.R.S § 38-511 the County may recoup any fee or commission paid or due to any person significantly involved in initiating, negotiating, securing, drafting or creating the Contract on behalf of the County from any other party to the Contract arising as the result of the Contract. 4.16 OFFSET FOR DAMAGES: In addition to all other remedies at Law or Equity, the County may offset from any money due to the Contractor any amounts Contractor owes to the County for damages resulting from breach or deficiencies in performance of the contract. 4.17 SUBCONTRACTING: 4.17.1 The Contractor may not assign to another Contractor or Subcontract to another party for performance of the terms and conditions hereof without the written consent of the County. All correspondence authorizing subcontracting must reference the Bid Serial Number and identify the job project. 4.17.2 The Subcontractor’s rate for the job shall not exceed that of the Prime Contractor’s rate, as bid in the pricing section, unless the Prime Contractor is willing to absorb any higher rates. The Subcontractor’s invoice shall be invoiced directly to the Prime Contractor, who in turn shall pass-through the costs to the County, without mark-up. A copy of the Subcontractor’s invoice must accompany the Prime Contractor’s invoice. 4.18 AMENDMENTS: All amendments to this Contract shall be in writing and approved/signed by both parties. Maricopa County Office of Procurement Services shall be responsible for approving all amendments for Maricopa County. 4.19 ADDITIONS/DELETIONS OF SERVICE: The County reserves the right to add and/or delete services to a Contract. If a service requirement is deleted, payment to the Contractor will be reduced proportionately, to the amount of service reduced in accordance with the Contract price. If additional services are required from a Contract, prices for such additions will be negotiated between the Contractor and the County. 4.20 ACCESS TO AND RETENTION OF RECORDS FOR THE PURPOSE OF AUDIT AND/OR OTHER REVIEW: 4.20.1 In accordance with section MCI 371 of the Maricopa County Procurement Code the Contractor agrees to retain all books, records, accounts, statements, reports, files, and other records and back-up documentation relevant to this Contract for six (6) years after final payment or until after the resolution of any audit questions which could be more than six (6) years, whichever is latest. The County, Federal or State auditors and any other persons duly authorized by the Department shall have full access to, and the right to examine, copy and make use of, any and all said materials. 4.20.2 If the Contractor’s books, records , accounts, statements, reports, files, and other records and back-up documentation relevant to this Contract are not sufficient to support and document that requested services were provided, the Contractor shall reimburse Maricopa County for the services not so adequately supported and documented. SERIAL 180126-S 4.21 AUDIT DISALLOWANCES: If at any time it is determined by the County that a cost for which payment has been made is a disallowed cost, the County shall notify the Contractor in writing of the disallowance. The course of action to address the disallowance shall be at sole discretion of the County, and may include either an adjustment to future invoices, request for credit, request for a check or a deduction from current invoices submitted by the Contractor equal to the amount of the disallowance, or to require reimbursement forthwith of the disallowed amount by the Contractor by issuing a check payable to Maricopa County. 4.22 VALIDITY: The invalidity, in whole or in part, of any provision of this Contract shall not void or affect the validity of any other provision of the Contract. 4.23 SEVERABILITY: The removal, in whole or in part, of any provision of this Contract shall not void or affect the validity of any other provision of this Contract. 4.24 RIGHTS IN DATA: The County shall have the use of data and reports resulting from a Contract without additional cost or other restriction except as may be established by law or applicable regulation. Each Party shall supply to the other Party, upon request, any available information that is relevant to a Contract and to the performance thereunder. 4.25 RELATIONSHIPS: 4.25.1 In the performance of the services described herein, the Contractor shall act solely as an independent contractor, and nothing herein or implied herein shall at any time be construed as to create the relationship of employer and employee, co-employee, partnership, principal and agent, or joint venture between the County and the Contractor. 4.25.2 The County reserves the right of final approval on proposed staff. Also, upon request by the County, the Contractor will be required to remove any employees working on County projects and substitute personnel based on the discretion of the County within two business days, unless previously approved by the County. 4.26 NON-DISCRIMINATION: CONTRACTOR agrees to comply with all provisions and requirements of Arizona Executive Order 2009-09 including flow down of all provisions and requirements to any subcontractors. Executive Order 2009-09 supersedes Executive order 99-4 and amends Executive order 75-5 and may be viewed and downloaded at the Governor of the State of Arizona website http://azmemory.azlibrary.gov/cdm/singleitem/collection/execorders/id/680/rec/1 which is hereby incorporated into this contract as if set forth in full herein. During the performance of this contract, CONTRACTOR shall not discriminate against any employee, client or any other individual in any way because of that person’s age, race, creed, color, religion, sex, disability or national origin. 4.27 CERTIFICATION REGARDING DEBARMENT AND SUSPENSION 4.27.1 The undersigned (authorized official signing on behalf of the Contractor) certifies to the best of his or her knowledge and belief, that the Contractor, it’s current officers and directors; SERIAL 180126-S 4.27.1.1 are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from being awarded any contract or grant by any United States Department or Agency or any state, or local jurisdiction; 4.27.1.2 have not within 3-year period preceding this Contract: 4.27.1.2.1 been convicted of fraud or any criminal offense in connection with obtaining, attempting to obtain, or as the result of performing a government entity (Federal, State or local) transaction or contract; and 4.27.1.2.2 been convicted of violation of any Federal or State antitrust statues or conviction for embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property regarding a government entity transaction or contract; 4.27.1.2.3 are not presently indicted or criminally charged by a government entity (Federal, State or local) with commission of any criminal offenses in connection with obtaining, attempting to obtain, or as the result of performing a government entity public (Federal, State or local) transaction or contract; and are not presently facing any civil charges from any governmental entity regarding obtaining, attempting to obtain, or from performing any governmental entity contract or other transaction; and have not within a 3-year period preceding this Contract had any public transaction (Federal, State or local) terminated for cause or default. 4.27.1.2.4 If any of the above circumstances described in the paragraph are applicable to the entity submitting a bid for this requirement, include with your bid an explanation of the matter including any final resolution. 4.27.2 The Contractor shall include, without modification, this clause in all lower tier covered transactions (i.e. transactions with subcontractors) and in all solicitations for lower tier covered transactions related to this Contract. If this clause is applicable to a subcontractor, the Contractor shall include the information required by this clause with their bid. 4.28 VERIFICATION REGARDING COMPLIANCE WITH ARIZONA REVISED STATUTES §41- 4401 AND FEDERAL IMMIGRATION LAWS AND REGULATIONS: 4.28.1 By entering into the Contract, the Contractor warrants compliance with the Immigration and Nationality Act (INA using e-verify) and all other federal immigration laws and regulations related to the immigration status of its employees and A.R.S. §23-214(A). The contractor shall obtain statements from its subcontractors certifying compliance and shall furnish the statements to the Procurement Officer upon request. These warranties shall remain in effect through the term of the Contract. The Contractor and its subcontractors shall also maintain Employment Eligibility Verification forms (I-9) as required by the Immigration Reform and Control Act of 1986, as amended from time to time, for all employees performing work under the Contract and verify employee compliance using the E-verify system and shall keep a record of the verification for the duration of the employee’s employment or at least three years, whichever is longer. I-9 forms are available for download at USCIS.GOV. 4.28.2 The County retains the legal right to inspect contractor and subcontractor employee documents performing work under this Contract to verify compliance with paragraph 4.28.1 of this Section. Contractor and subcontractor shall be given reasonable notice of the County’s intent to inspect and shall make the documents available at the time and date specified. Should the County suspect or find that the Contractor or any of its subcontractors SERIAL 180126-S are not in compliance, the County will consider this a material breach of the contract and may pursue any and all remedies allowed by law, including, but not limited to: suspension of work, termination of the Contract for default, and suspension and/or debarment of the Contractor. All costs necessary to verify compliance are the responsibility of the Contractor. 4.29 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF WHISTLERBLOWER RIGHTS: 4.29.1 The Parties agree that this Contract and employees working on this Contract will be subject to the whistleblower rights and remedies in the pilot program on contractor employee whistleblower protections established at 41 U.S.C. § 4712 by section 828 of the National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112–239) and section 3.908 of the Federal Acquisition Regulation; 4.29.2 Contractor shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 41 U.S.C. § 4712, as described in section 3.908 of the Federal Acquisition Regulation. Documentation of such employee notification must be kept on file by Contractor and copies provided to County upon request. 4.29.3 Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts over the simplified acquisition threshold ($150,000 as of September 2013). 4.30 CONTRACTOR LICENSE REQUIREMENT: The Respondent shall procure all permits, insurance, licenses and pay the charges and fees necessary and incidental to the lawful conduct of his/her business, and as necessary complete any required certification requirements, required by any and all governmental or non-governmental entities as mandated to maintain compliance with and in good standing for all permits and/or licenses. The Respondent shall keep fully informed of existing and future trade or industry requirements, Federal, State and Local laws, ordinances, and regulations which in any manner affect the fulfillment of a Contract and shall comply with the same. Contractor shall immediately notify both Office of Procurement Services and the using agency of any and all changes concerning permits, insurance or licenses. 4.30.1 Contractor shall procure all permits, insurance, licenses and pay the charges and fees necessary and incidental to the lawful conduct of his/her business, and as necessary complete any required certification requirements, required by any and all governmental or non-governmental entities as mandated to maintain compliance with and in good standing for all permits and/or licenses. Contractor shall keep fully informed of existing and future trade or industry requirements, Federal, State and Local laws, ordinances, and regulations which in any manner affect the fulfillment of a Contract and shall comply with the same. Contractor shall immediately notify both Office of Procurement Services and the using agency of any and all changes concerning permits, insurance or licenses. 4.30.2 Contractors furnishing finished products, materials or articles of merchandise that will require installation or attachment as part of the Contract, shall possess any licenses required. Contractor is not relieved of its obligation to possess the required licenses by subcontracting of the labor portion of the Contract. Respondents are advised to contact the Arizona Registrar of Contractors, Chief of Licensing to ascertain licensing requirements for a particular contract. Respondents shall identify which license(s), if any, the Registrar of Contractors requires for performance of the Contract. SERIAL 180126-S 4.31 INFLUENCE: As prescribed in MC1-1203 of the Maricopa County Procurement Code, any effort to influence an employee or agent to breach the Maricopa County Ethical Code of Conduct or any ethical conduct, may be grounds for Disbarment or Suspension under MC1-902. An attempt to influence includes, but is not limited to: 4.31.1 A Person offering or providing a gratuity, gift, tip, present, donation, money, entertainment or educational passes or tickets, or any type valuable contribution or subsidy, 4.31.2 That is offered or given with the intent to influence a decision, obtain a contract, garner favorable treatment, or gain favorable consideration of any kind. If a Person attempts to influence any employee or agent of Maricopa County, the Chief Procurement Officer, or his designee, reserves the right to seek any remedy provided by the Maricopa County Procurement Code, any remedy in equity or in the law, or any remedy provided by this contract. 4.32 OFFSET FOR DAMAGES: In addition to all other remedies at Law or Equity, the County may offset from any money due to the Contractor any amounts Contractor owes to the County for damages resulting from breach or deficiencies in performance of the Contract. 4.33 CONFIDENTIALITY INFORMATION: In the course of the solicitation process, the County may disclose information that is proprietary or confidential. By submitting a proposal to the solicitation, the offeror agrees that, except as necessary to prepare a response to this solicitation, neither it nor its agents or employees will communicate, divulge or disseminate to any third-party-persons or entities, any information that is disclosed to it by the County during the course of these discussions without the express written authorization of the County. If the offeror does disclose County proprietary or confidential information to a third party in preparing a response to this solicitation, it shall require the third party to acknowledge and comply with this provision. Any information obtained in the course of performing this Contract may include information that is proprietary or confidential to the County. This provision establishes the Contractor’s obligation regarding such information. The Contractor shall establish and maintain procedures and controls that are adequate to assure that no information contained in its records and/or obtained from the County or from others in carrying out its functions (services) under the Contract shall be used by or disclosed by it, its agents, officers, or employees, except as required to efficiently perform duties under the Contract. The Contractor’s procedures and controls at a minimum must be the same procedures and controls it uses to protect its own proprietary or confidential information. If, at any time during the duration of the Contract, the County determines that the procedures and controls in place are not adequate, the Contractor shall institute any new and/or additional measures requested by the County within fifteen (15) calendar days of the written request to do so. Any requests to the Contractor for County proprietary or confidential information s shall be referred to the County for review and approval, prior to any dissemination. 4.34 PUBLIC RECORDS: Under Arizona law, all bids submitted and opened are public records and must be retained by the Records Manager at the Office of Procurement Services. Offers shall be open to public inspection and copying after Contract award and execution, except for such Bids or sections thereof SERIAL 180126-S determined to contain proprietary or confidential information by the Office of Procurement Services. If a Bidder believes that information in its bid or any resulting Contract should not be released in response to a public record request under Arizona law, the bidder shall indicate the specific information deemed confidential or proprietary and submit a statement with its bid detailing the reasons that the information should not be disclosed. Such reasons shall include the specific harm or prejudice which may arise from disclosure. Under Arizona law, all Offers submitted and opened are public records and must be retained by the Records Manager at the Office of Procurement Services. Offers shall be open to public inspection and copying after Contract award and execution, except for such Offers or sections thereof determined to contain proprietary or confidential information by the Office of Procurement Services. If an Offeror believes that information in its Offer or any resulting Contract should not be released in response to a public record request under Arizona law, the Offeror shall indicate the specific information deemed confidential or proprietary and submit a statement with its offer detailing the reasons that the information should not be disclosed. Such reasons shall include the specific harm or prejudice which may arise from disclosure. The Records Manager of the Office of Procurement Services shall determine whether the identified information is confidential pursuant to the Maricopa County Procurement Code. 4.35 UNIFORM ADMINISTRATIVE REQUIREMENTS: By entering into this Contract the Contractor agrees to comply with all applicable provisions of Title 2, Subtitle A, Chapter II, PART 200—UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS contained in Title 2 C.F.R. § 200 et seq. 4.36 GOVERNING LAW: This Contract shall be governed by the laws of the state of Arizona. Venue for any actions or lawsuits involving this Contract will be in Maricopa County Superior Court or in the United States District Court for the District of Arizona, sitting in Phoenix, Arizona. 4.37 FORCE MAJEURE: 4.37.1 Neither party shall be liable for failure of performance, nor incur any liability to the other party on account of any loss or damage resulting from any delay or failure to perform all or any part of this Contract if such delay or failure is caused by events, occurrences, or causes beyond the reasonable control and without negligence of the parties. Such events, occurrences, or causes will include Acts of God/Nature (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, riots, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, lockout, blockage, embargo, labor dispute, strike, interruption or failure of electricity or telecommunication service. 4.37.2 Each party, as applicable, shall give the other party notice of its inability to perform and particulars in reasonable detail of the cause of the inability. Each party must use best efforts to remedy the situation and remove, as soon as practicable, the cause of its inability to perform or comply. 4.37.3 The party asserting Force Majeure as a cause for non-performance shall have the burden of proving that reasonable steps were taken to minimize delay or damages caused by foreseeable events, that all non-excused obligations were substantially fulfilled, and that the other party was timely notified of the likelihood or actual occurrence which would justify such an assertion, so that other prudent precautions could be contemplated. SERIAL 180126-S 4.38 STRICT COMPLIANCE: Acceptance by County of a performance that is not in strict compliance with the terms of the Contract shall not be deemed to be a waiver of strict compliance with respect to all other terms of the Contract. 4.39 WRITTEN CERTIFICATION PURSUANT to A.R.S. § 35-393.01 If vendor engages in for-profit activity and has 10 or more employees, and if this agreement has a value of $100,000 or more, vendor certifies it is not currently engaged in, and agrees for the duration of this agreement to not engage in, a boycott of goods or services from Israel. This certification does not apply to a boycott prohibited by 50 U.S.C. § 4842 or a regulation issued pursuant to 50 U.S.C. § 4842. Unless and until the District Court's injunction in Jordahl is stayed or lifted, the Anti-Israel Boycott Provision (A.R.S. §35-393.01 (A)) is unenforceable and the County will take no action to enforce it. 4.40 INTEGRATION: This Contract represents the entire and integrated agreement between the parties and supersedes all prior negotiations, proposals, communications, understandings, representations, or agreements, whether oral or written, express or implied. ITEM 9. D. TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Date: 02/04/2025 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda Submitting Department: Administration Prepared by: Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION AND POSSIBLE ACTION: Relating to any item included in the League of Arizona Cities and Towns' weekly Legislative Bulletin(s), or relating to any action proposed or pending before the State Legislature. Staff Summary (Background) This is a regularly recurring agenda item on the Town Council agenda during the legislative session. This agenda item aims to obtain consensus from the Mayor and Council on legislative bills and provide direction, if any, to staff to communicate the town's position on the bills. For every Council meeting, the Legislative Bulletin will be attached to the Town Council agenda, including legislative analysis of the bills and their impacts on municipalities. The Mayor and Council will have an opportunity to review the bills that are under consideration in the Arizona State Legislature and provide direction on supporting or opposing the bills. The Mayor and Council may also bring up other bills of interest to the Town of Fountain Hills for discussion that are not listed in the Legislative Bulletin. Related Ordinance, Policy or Guiding Principle N/A Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) N/A SUGGESTED MOTION MOVE to provide staff direction on one or more bills being considered by the State Legislature. Attachments Legislative Bulletin - Issue 1 Legislative Bulletin - Issue 2 Legislative Bulletin - Issue 3 Form Review Form Started By: Angela Padgett-Espiritu Started On: 01/14/2025 03:09 PM Final Approval Date: 01/14/2025 Legislative Bulletin: On Monday, January 8, the Second Regular Session of the Fifty-Sixth Legislature of Arizona commenced. As of Friday afternoon, 627 House Bills and 80 Senate Bills have been introduced. The Senate and House of Representatives jointly convened on Monday to receive the Governor's annual State of the State Address to the Legislature, during which Governor Katie Hobbs outlined her agenda and goals for the legislative session. A full transcript of the speech can be accessed here, and the full video recording can be found here. The Governor also released the Fiscal Year (FY) 2025 Executive Budget on Friday. The Office of Strategic Planning and Budgeting will present the budget to the Senate and House Appropriation Committees on Tuesday, January 16 at 10:00 a.m. in HHR 1. The Legislature held a relatively small number of committee hearings this week, mainly to carry out Arizona's sunset review process. State law requires the Legislature to periodically review the purpose and functions of state agencies to determine whether continuation, revision, consolidation, or termination is warranted. Reviews are conducted by the Office of the Auditor General or a committee of reference (COR). A public hearing is held by the respective COR to discuss the review and receive testimony from agency officials and the public. State of the State Address In her second State of the State address, Governor Hobbs spoke on a range of critical issues facing Arizona. Emphasizing the importance of bipartisan collaboration, she highlighted the urgent need to secure the southern border, citing the ongoing failure of the federal government and outlining her administration's efforts, including Operation SECURE, to address border security and combat human trafficking. Acknowledging a significant budget shortfall, the Governor pledged to address it without cutting spending on vital services. Recognizing the state's economic success, she commended record job creation and foreign investment. Governor Hobbs turned her attention to the housing affordability crisis, introducing the Arizona Is Home mortgage assistance program. In response to this crisis, she presented innovative ideas, allocating $150 million towards rental assistance, legal aid for housing instability, and a historic investment in affordable housing development, with a specific focus on creating over one thousand housing units in rural communities. Expressing concern about sober living homes and long-term care facilities, Governor Hobbs proposed legislation to strengthen standards and increase penalties for violations to protect vulnerable residents in such facilities. Additionally, she advocated for affordable healthcare, proposing measures to lower prescription drug costs, and passionately defended reproductive freedom, urging bipartisan support to expand access to reproductive healthcare. Water conservation and management were key priorities, with the Governor highlighting a historic agreement with neighboring states and advocating for updates to groundwater management laws. Education also played a central role in her address, with a focus on strengthening K-12 schools, supporting teachers, and addressing transparency issues in the Empowerment Scholarship Account program. Higher education initiatives were emphasized, including a call for new medical schools and increased accessibility. Executive Budget Highlights Preservation of local government revenue-sharing agreements, formula funding, and the Budget Stabilization Fund (rainy day fund) (p. 9) Total spending of $10.6 million allocated to local government initiatives (p. 44) Cuts $418.6 million recovered from 24 one-time appropriations for transportation projects made between FY2021 and FY2024 (p. 8) $352 million in claw-backs of unexpended FY2024 one-time appropriations to state agencies ($121 million), capital and IT projects ($201 million), and prior year unexpended funds ($30 million) (p. 8) $244 million in Basic State Aid savings via ESA reform: 100-day public school attendance (p. 8) Appropriations Public Safety $9.3 million appropriation to DPS for grants to local jurisdictions for victims of crime (VOCA) (p. 10) $5 million appropriation to DPS for drug interdiction efforts in border communities (p. 10) $1 million appropriation to Border Coordination Office for improvements in local emergency management (p. 10) $500,000 appropriation to DEMA’s Emergency Management Mutual Aid Fund (p. 11) $67,800 one-time matching funds for the federal State and Local Cybersecurity Grant Program (p. 11) $10 million in state and federal revolving loan funds to provide hazard mitigation assistance to local governments (p. 12) Housing Extension of the State LIHTC through FY2034, with $8 million in tax credits each year (p. 17) $13 million one-time appropriation for Arizona Is Home – Mortgage Assistance Program ($3 million GF and $10 million to HTF) (p. 17) Prioritization of preservation for FY 2024 housing investments (p. 17) $150 million one-time Housing Trust Fund deposit $40 million one-time Homeless Shelter and Services Fund deposit $5 million one-time Mobile Home Relocation Fund deposit $1.9 million one-time Military Transitional Housing Fund deposit Other $19.5 million appropriation to DOR for the Integrated Tax System Modernization Project (STARS) (p. 63) Monday Conference Calls The League will continue to host a weekly update for municipal leadership via Zoom to report on the status and impact of various proposed legislation during the 2024 session. The virtual meetings are scheduled for Monday mornings at 10:00 a.m. However, because of Opening Day and the Martin Luther King, Jr. holiday, the first call will be held at 10:00 a.m. on Tuesday, January 16. Mayors, council members, managers, and other city or town staff interested in legislative activities are invited to participate. A Zoom link and a brief agenda will be sent out prior to the calls. If you would like to receive the Monday agendas, please contact league@azleague.org and request to be added to the distribution list for the conference call. 2024 Session Deadlines Every session has deadlines pertaining to bill submissions and hearings. These are established by Senate and House rule and are subject to change. This year’s schedule is as follows: January Thursday 1/11: House 7-bill Introduction Limit Begins (5:00 p.m.) Tuesday 1/16: Senate Bill Request Deadline (5:00 p.m.) Monday 1/22: Senate Bill Introduction Set Deadline (5:00 p.m.) Monday 1/29: Senate Bill Introduction Deadline (5:00 p.m.) February Friday 2/2: House Bill Request Deadline (5:00 p.m.) Monday 2/5: House Bill Introduction Deadline (5:00 p.m.) Friday 2/16: Last Day to Hear SBs in Senate Committees and HBs in House Committees March Friday 3/22: Last Day to Hear SBs in House Committees and HBs in Senate Committees AprilFriday 4/12: Last Day for Conference Committees Tuesday 4/16: 100th Day of Session League Resolutions House GOV Hearing on 1/17 at 10:00 a.m. in HHR 3 HB 2132 (municipal land sales; public notice) -- Requires public hearings and governing body resolutions for properties valued between $1,500,000 and $15,000,000. Special elections are mandated for properties exceeding $15,000,000, except for specific airport disposals to certain entities, which are exempt from advertising and special election requirements. Senate MAPS Hearing on 1/17 at 2:00 p.m. in SHR 2 SB 1030 (correctional facilities; body scanners) -- Allows a political subdivision of Arizona and 2) perform a body scan of an inmate by using low-dose ionizing radiation without an order from a licensed practitioner to prevent any contraband from entering into a correctional facility. Legislative StaffThe League is pleased to welcome Rachel Merritt as this session’s legislative intern. Rachel is a junior at Arizona State University, majoring in political science and criminology, and plans to attend law school after graduation. The League is also joined by Adam Babica, Legislative Associate and military veteran with previous staff experience in the California Senate and Hawaii House of Representatives. Marshall Pimentel remains on board as the League’s Senior Legislative Associate. You can contact our legislative division at (602) 258-5786 or email using the information below: Tom Savage, Legislative Director: tsavage@azleague.org Marshall Pimentel, Senior Legislative Associate: mpimentel@azleague.org Adam Babica, Legislative Associate: ababica@azleague.org Rachel Merritt, Legislative Intern: legisintern@azleague.org #Keepup with uson Twitter. Keep up with the issues and events. CLICK HERE Legislative Bill Monitoring All bills being actively monitored by the League can be found by clicking the link below. League of Arizona Cities and Towns 1820 W Washington Street Phoenix, AZ 85007 info@azleague.org No longer want to receive these emails? Unsubscribe. Legislative Bill MonitoringComing Soon Legislative Bulletin: Executive Budget Hearing On January 16th, the House and Senate Appropriations Committees held a joint hearing on Governor Katie Hobbs’ FY-25 Executive Budget. Committee Republicans criticized Hobbs' proposal, citing cuts to infrastructure, the elimination of Certified School Tuition Organizations (STO), and reform of the Empowerment Scholarship Account (ESA) program. In response, Democrats attributed the budget deficit to the underperformance of income tax collections, specifically pointing to the new 2.5% rate that took effect in January 2023 and the expansion of ESAs. The partisan divide on how to resolve Arizona’s looming $1.7 billion budget deficit is expected to come to a boiling point in the coming months. Regardless, confronting the state's fiscal challenges is inevitable and will require significant effort and compromise from both sides. Watch a recording of the budget hearing here. League Testimony The League testified at a House Regulatory Affairs Committee hearing on January 17th in opposition to SB 2088: bond; override; contributions; contracts; prohibition. The proposed legislation is viewed as detrimental to municipal governments, as it aims to restrict entities making contributions supporting the issuance of county or municipal bonds or the passage of budget overrides from bidding on resulting contracts. This prohibition may hinder competition and limit options for cities and towns, potentially leading to increased costs and a less efficient contracting process. The committee's decision to adopt amendments, while refining the bill's language, did not alleviate concerns about these potential negative impacts. Despite the League’s testimony, the amended bill passed on a 4-2 vote, revealing a division on the bill’s perceived effects on fairness and transparency in the contracting process associated with bond and budget override initiatives. This week, the League will testify in opposition to the following legislation: Monday 1/22 HB 2120: law enforcement; defunding; prohibition (House MAPS at 2:00 p.m. in HHR1) SCR 1006: property tax; refund; nuisance enforcement (Senate FICO at 2:05 p.m. in SHR 109) Wednesday 1/24 HB 2309: GPLET; agreement posting; abatement period (House WAM at 9:00 a.m. in HHR1 HB 2125: annexation; notice; approval (House GOV at 9:00 a.m. in HHR 3) HB 2080: elections; municipal vacancies; primary (House MOE at 2:00 p.m. in HHR 4) Additionally, the League will testify in support of the following legislation: Wednesday 1/24 HB 2162: municipal general plan; adoption (House GOV at 9:00 a.m. in HHR 3) League Resolutions HB 2132: municipal land sales; public notice, imposes restrictions on the sale of town or city property valued between $1,500,000 and $15,000,000. On January 17th, the bill passed out of the House Committee on Government. 102 individuals and organizations registered or testified in support, while 2 signed in opposition. The bill will be heard by the House Rules Committee on January 22nd. HB 2162: municipal general plan; adoption, mandates new general plans for growing municipalities (2,500-10,000 population, >2% annual growth), requiring voter approval in the next election or within 180 days. If growth is below 2%, a plan is permitted, also subject to voter approval in the same period. Rejected plans necessitate resubmission or revision for the next election within 180 days. The bill will be heard by the House Committee on Government on January 24th. SB 1030: correctional facilities; body scanners, adds a political subdivision of the state to the list of entities that can request x-rays be taken, or perform a body scan using low dose ionizing radiation, on an inmate. The bill was discussed by the Senate Committee on Military Affairs, Public Safety, and Border Security (MAPS) on January 17th, but held for re-discussion MAPS on January 24th. Reminders Monday Conference Calls Join us every Monday at 10:00 a.m. for crucial legislative updates tailored for municipal leadership and staff. Our conference calls provide timely information Upcoming Session Deadlines Every session has deadlines pertaining to bill submissions and hearings. These are established by Senate and House rule and are subject to change. This year’s schedule is as follows: January Monday 1/29: Senate Bill Introduction Deadline February Monday 2/5: House Bill Introduction Deadline Friday 2/16: Last Day to Hear SBs in Senate Committees and HBs in House Committees March Friday 3/22: Last Day to Hear SBs in House Committees and HBs in Senate Committees AprilFriday 4/12: Last Day for Conference Committees Tuesday 4/16: 100th Day of Session Legislative StaffYou can contact our legislative division at (602) 258-5786 or email using the information below: Tom Savage, Legislative Director: tsavage@azleague.org Marshall Pimentel, Senior Legislative Associate: mpimentel@azleague.org Adam Babica, Legislative Associate: ababica@azleague.org Rachel Merritt, Legislative Intern: legisintern@azleague.org on legislative developments, ensuring that you stay well-informed and equipped to navigate the ever-changing municipal landscape. Do not miss key insights that can impact your city or town’s policies and decisions. Mark your calendar and dial in for a focused briefing to start your week. #Keepup with us League of Arizona Cities and Towns 1820 W Washington Street Phoenix, AZ 85007 info@azleague.org No longer want to receive these emails? Unsubscribe. on Twitter. Keep up with the issues and events. CLICK HERE Legislative Bill Monitoring Stay informed about legislation that may affect municipalities throughout thestate. Track proposed bills, stay updated on their progress, and actively engage in the democratic process. Here is what the League is tracking. Legislative Bill Monitoring Legislative Bulletin: As of Friday, January 26th, we have seen a diverse array of measures introduced at the Arizona State Legislature, indicating a robust legislative agenda for lawmakers. 699 House Bills and 434 Senate Bills have been introduced, alongside 51 and 28 resolutions or memorials from each respective chamber. This brings the current session's total number of measures to 1,212. Last week, legislators thwarted the advancement of two measures that could have negatively affected Arizona’s cities and towns – one advocating for the prohibition of photo radar and the other aiming to remove bicycle lanes from municipal plans. The Senate Transportation, Technology, and Missing Children Committee predominantly debated whether state lawmakers should make decisions that may have unintended consequences at the local level. League Testimony The League of Arizona Cities and Towns passionately champions municipal interests at the state legislature, actively testifying on bills and resolutions that impact cities and towns. Through collaborative partnerships and proactive engagement, we strive to empower local governments and ensure their voices are heard. Last week, the League testified on the following measures: HB 2120: law enforcement; defunding; prohibition House Committee on Military Affairs and Public Safety This bill presents serious challenges to Arizona cities and towns by restricting their autonomy in law enforcement budgeting and allowing the Arizona State Treasurer to withhold state shared funds. Limiting fiscal reductions for specific government functions overlooks the dynamic nature of municipal budgeting, hinders resource allocation flexibility, and leads to reductions in other services. Position: In Opposition Result: Held in Committee SCR 1006: property tax; refund; nuisance enforcement House Committee on Military Affairs and Public Safety This ballot proposal, aimed at providing relief to property owners whose property value may be affected by the presence of a nearby homeless population, authorizes claims for tax refunds due to non-enforcement of certain laws and requires the State Treasurer to withhold refund amounts from distribution base monies. This results in reduced revenue for municipalities, impacting their ability to address the concerns that may have led to the claim for a refund. Position: In Opposition Result: Passed w/ amend. 4-3-0 HB 2309: GPLET; agreement posting; abatement period House Ways and Means Committee This bill requires a government lessor to publicly disclose a lease, including all development agreements that are subject to excise tax, and reduces the abatement period from 8 to 4 years. Shortened abatement periods hinder economic development initiatives, impacting the ability of local governments to attract investments and incentivize affordable housing development. Position: In Opposition Result: Passed 6-4-0 HB 2080: elections; municipal vacancies; primary House Committee on Municipal Oversight and Elections The bill mandates that if a person holding public office is appointed during the primary, their term ends when the elected candidate takes office, upon canvass and certification. Mandating the conclusion of an appointed official's term during the primary disrupts stability and continuity in municipal leadership. Position: In Opposition Result: Passed 8-1-0 HB 2162: municipal general plan; adoption House Committee on Government This bill allows growing municipalities with a population between 2,500 and 100,000 people to submit a new general plan to voters for approval. This benefits cities and towns with varying growth rates by providing flexibility while maintaining transparency and community involvement. Position: In Support – League Resolution Result: Passed 9-0-0 SB 1056: municipalities; counties; fee increases; vote Senate Committee on Government This bill prohibits local governments – cities, towns, and counties – from levying or imposing an increase in any assessment, tax, or fee without approval by a 2/3 vote of the council or board of supervisors. This hampers local governments’ ability to provide essential services and respond to emergencies, complicates budgeting, and fosters political gridlock. Position: In Opposition Result: Passed 5-3-0 Upcoming Hearings This week, the League will continue to represent municipal interests and testify on important legislative measures. Be sure to check committee agendas for a link if you want to tune into a live stream or watch a recorded hearing. Here are some of the League’s upcoming priorities: HB 2570 - planning; home design; restrictions; prohibition House Committee on Commerce This bill restricts cities and towns from regulating lot sizes, lot coverage requirements, and setbacks, hindering their ability to enforce zoning ordinances promoting public health, safety, and general welfare. It undermines single-family zoning by prohibiting cities from regulating lot sizes, allowing unregulated density in designated areas. Deregulation of design standards may impede municipalities' capacity to maintain community aesthetics and common areas. The bill's overarching limitations on zoning control in urban areas with populations over 50,000 curtail cities and towns' ability to shape and regulate urban development, potentially compromising residents' overall quality of life. Position: In Opposition Hearing: 1/30 at 2:00 p.m. in HHR 3 HB 2275 - settlement agreements; report; approval House Committee on Government This constitutionally questionable bill introduces an intricate reporting and approval process for settlement agreements, creating administrative burdens and delays for municipalities. The designation of legally binding contracts as a matter of statewide concern raises concerns about state intervention in local governance. Additionally, the broad definition of "settlement agreement" and extensive reporting requirements may impose unnecessary administrative burdens on cities and towns, diverting resources and causing delays in the resolution of legal disputes. Position: In Opposition Hearing: 1/31 at 9:00 a.m. in HHR 3 League Resolutions The League of Arizona Cities and Towns, a collaborative organization representing the diverse interests of municipalities across the state, has strategically outlined proposed legislative priorities through a series of resolutions. These resolutions, endorsed by the League's executive committee comprised of municipal leaders from 25 member cities and towns, reflect a unified effort to address crucial issues and advocate for the collective welfare of Arizona communities. HB 2132: municipal land sales; public notice This bill is beneficial for Arizona municipalities as it ensures transparency in the sale of town or city property valued between $1,500,000 and $15,000,000 by imposing restrictions and requiring public notice. This promotes accountability and public involvement in significant property transactions. Status: Passed House; transmitted to Senate on 1/25 HB 2162: municipal general plan; adoption HB2162 allows municipalities that have previously approved their general plan at an election, who have fallen below the statutory population threshold to do so, to continue to submit their subsequent general plans for ratification by the voters. Status: Passed House GOV Committee on 1/24 HB 2489/SB 1205: short-term rentals; ordinance; limits These bills are advantageous for Arizona cities and towns as it grants them the authority to regulate vacation and short-term rentals through ordinances. By allowing municipalities to set limits, establish distances, and impose licensing restrictions, the bills empower local governments to manage their housing markets effectively, considering the unique needs and circumstances of each community. Status: HB 2489 introduced in House on 1/11; SB 1205 introduced in Senate on 1/22 SB 1030: correctional facilities; body scanners This bill benefits Arizona municipalities by expanding the entities authorized to Upcoming Session Deadlines Every session has deadlines pertaining to bill submissions and hearings. These are established by Senate and House rule and are subject to change. This year’s schedule is as follows: January Monday 1/29: Senate Bill Introduction Deadline February Monday 2/5: House Bill Introduction Deadline Friday 2/16: Last Day to Hear SBs in Senate Committees and HBs in House Committees March Friday 3/22: Last Day to Hear SBs in House Committees and HBs in Senate Committees request x-rays or body scans on inmates in correctional facilities. Including political subdivisions of the state in this process enhances security measures and aligns with the state's commitment to maintaining safety at correctional facilities. Status: Passed Senate MAPS Committee w/ amend. on 1/24 Reminders Bill Monitoring Stay informed about legislation that may affect municipalities throughout the state. Track proposed bills, stay updated on their progress, and actively engage in the democratic process. Here is what the League is tracking: https://azcapitolreports.com/report/21NP Monday Conference Calls Join us every Monday at 10:00 a.m. for crucial legislative updates tailored for municipal leadership and staff. Our conference calls provide timely information on legislative developments, ensuring that you stay well-informed and equipped to navigate the ever-changing municipal landscape. Do not miss key insights that can impact your city or town’s policies and decisions. Mark your calendar and dial in for a focused briefing to start your week. AprilFriday 4/12: Last Day for Conference Committees Tuesday 4/16: 100th Day of Session Legislative StaffYou can contact our legislative division at (602) 258-5786 or email using the information below: Tom Savage, Legislative Director: tsavage@azleague.org Marshall Pimentel, Senior Legislative Associate: mpimentel@azleague.org Adam Babica, Legislative Associate: ababica@azleague.org Rachel Merritt, Legislative Intern: legisintern@azleague.org #Keepup withus on Twitter. Keep up with the issues and events. CLICK HERE Legislative Bill Monitoring Stay informed about legislation that may affect municipalities throughout the state. Track proposed bills, stay updated on their progress, and activelyengage in the democratic process. Here is what the League is tracking. Legislative Bill Monitoring League of Arizona Cities and Towns 1820 W Washington Street Phoenix, AZ 85007 info@azleague.org No longer want to receive these emails? Unsubscribe.