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HomeMy WebLinkAboutAGENDApacket__04-19-22_1208_322       NOTICE OF MEETING REGULAR MEETING FOUNTAIN HILLS TOWN COUNCIL      Mayor Ginny Dickey Vice Mayor Gerry Friedel Councilmember Sharron Grzybowski Councilmember Alan Magazine Councilmember Peggy McMahon Councilmember Mike Scharnow Councilmember David Spelich    TIME:5:30 P.M. – REGULAR MEETING WHEN:TUESDAY, APRIL 19, 2022 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 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 The public is welcome to participate in Council meetings. TO SPEAK TO AN AGENDA ITEM, please complete a Request to Comment card, located in the back of the Council Chambers, and hand it to the Town Clerk prior to discussion of that item, if possible. Include the agenda item on which you wish to comment. 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 ON AN AGENDA ITEM IN WRITING ONLY, please complete a Request to Comment card, indicating it is a written comment, and check the box on whether you are FOR or AGAINST and agenda item, and hand it to the Town Clerk prior to discussion, if possible. TO COMMENT IN WRITING ONLINE: Please feel free to provide your comments by visiting  https://www.fh.az.gov/publiccomment and SUBMIT a Public Comment Card by 3:00 PM on the day of the meeting. These comments will be shared with the Town Council.         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 Dickey     2.MOMENT OF SILENCE     3.ROLL CALL – Mayor Dickey     4.REPORTS BY MAYOR, COUNCILMEMBERS AND TOWN MANAGER     A.RECOGNITION: Stellar Students of the Month for March 2022     B.PROCLAMATION: Declaring April 17 - 23, 2022, as National Volunteer Appreciation Week.    C.RECOGNITION: Outgoing Board and Commission Members     5.SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS     A.PRESENTATION: Update from Marissa Dailey, new Library Manager for the Fountail Hills Library     6.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.     7.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 normal sequence on the agenda.     A.CONSIDERATION AND POSSIBLE ACTION: Request to apply and take receipt of Prop 202      Town Council Regular Meeting of April 19, 2022 2 of 4 A.CONSIDERATION AND POSSIBLE ACTION: Request to apply and take receipt of Prop 202 Grant Funding     B.CONSIDERATION AND POSSIBLE ACTION: on the proposed Communications Strategic Plan and Community Engagement Plan.     8.REGULAR AGENDA     A.CONSIDERATION AND POSSIBLE ACTION: Appointments to the  Community Services Advisory Commission, McDowell Mountain Preservation Commission, Planning and Zoning Commission, Sister Cities Advisory Commission, and the Strategic Planning Advisory Commission.     B.CONSIDERATION AND POSSIBLE ACTION:  Approving the Master Trail Plan for Fountain Hills McDowell Mountain Preserve.     C.CONSIDERATION AND POSSIBLE ACTION: Resolution 2022-10 approving the construction of the North Leg Trail.     D.CONSIDERATION AND POSSIBLE ACTION: Approving the PlaySpace Designs Contract 2021-048.1 Amendment for the addition of two ramadas at Four Peaks Park.     E.CONSIDERATION AND POSSIBLE ACTION: regarding an amended site plan for Park Place Phase II (16845 E. Avenue of the Fountains) and Phase III (13000 block of N. Verde River, west side).     F.CONSIDERATION AND POSSIBLE ACTION: Resolution 2022-16, Second Amendment to the Development Agreement between the Town and Palisades Resorts, LLC regarding an extension of time for further development of Copperwynd (aka Adero Scottsdale)     G.CONSIDERATION AND POSSIBLE ACTION: of approving the Second Amendment to Cooperative Purchase Agreement C2022-027 between the Town and Franklin Striping, INC for pavement marking.           H.CONSIDERATION AND POSSIBLE ACTION: on proposed policy suggestions to submit to the policy committees of the Arizona League of Cities and Towns for consideration by the Resolutions Committee.     I.DISCUSSION WITH POSSIBLE DIRECTION 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.     9.COUNCIL DISCUSSION/DIRECTION to the TOWN MANAGER      Town Council Regular Meeting of April 19, 2022 3 of 4 9.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.     10.ADJOURNMENT         CERTIFICATE OF POSTING OF NOTICE The undersigned hereby certifies that a copy of the foregoing notice was duly posted in accordance with the statement filed by the Town Council with the Town Clerk. Dated this ______ day of ____________________, 2022. _____________________________________________  Elizabeth A. Klein, MMC, Town Clerk   The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 480-816-5199 (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.    Town Council Regular Meeting of April 19, 2022 4 of 4 ITEM 4. B. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 04/19/2022 Meeting Type: Town Council Regular Meeting Agenda Type: Reports                  Submitting Department: Administration Prepared by: Angela Padgett-Espiritu, Executive Assistant to Manager, Mayor/Council Staff Contact Information: Angela Padgett-Espiritu, Executive Assistant to Manager, Mayor/Council Request to Town Council Regular Meeting (Agenda Language):  PROCLAMATION: Declaring April 17 - 23, 2022, as National Volunteer Appreciation Week. Staff Summary (Background) Mayor Dickey will be proclaiming April 17 through 23, 2022, as National Volunteer Appreciation Week.        Attachments Proclamation - National Volunteer Appreciation Week April 2022  Form Review Inbox Reviewed By Date Finance Director David Pock 04/06/2022 04:07 PM Town Attorney Aaron D. Arnson 04/06/2022 04:16 PM Town Manager Grady E. Miller 04/06/2022 07:10 PM Form Started By: Angela Padgett-Espiritu Started On: 04/06/2022 02:32 PM Final Approval Date: 04/06/2022  ITEM 7. A. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 04/19/2022 Meeting Type: Town Council Regular Meeting Agenda Type: Consent                  Submitting Department: Administration Prepared by: Amanda Jacobs, Economic Development Director Staff Contact Information: Amanda Jacobs, Economic Development Director Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION AND POSSIBLE ACTION: Request to apply and take receipt of Prop 202 Grant Funding Staff Summary (Background) In order to market and promote the community, the Economic Development Department depends heavily upon grant funding from the Arizona Office of Tourism (Proposition 302), Fort McDowell Yavapai Nation, and the Salt River Pima-Maricopa Indian Community (Proposition 202). Staff is seeking approval to apply for Prop 202 Grant Funding from the Fort McDowell Yavapai Nation in the amount of $30,000 for FY2022/23. The Economic Development Department has undertaken significant marketing and advertising efforts to encourage visitors to come to the Town. Previous marketing efforts included advertisements in local publications (Phoenix Magazine, Wander AZ, ExperienceAZ) and in Canada (Canadian Snowbird Association Magazine).  Additionally, staff ran advertising campaigns at both Phoenix metro area commercial airports and maintained partnerships with Barrett-Jackson, the Chicago Cubs, Arizona Diamondbacks, Oakland Athletics to encourage visitors to the Valley to consider a day trip to Fountain Hills. If awarded the grant funding this year, the funds would support new marketing efforts to enhance the Experience Fountain Hills website. From July 1, 2021 - March 31, 2022, the Experience Fountain Hills website had over 110,000 unique visitors to the page. Staff is looking at ways to increase the number of unique visitors and the length of time visitors stay on the website. Additionally, staff will be creating ways to package and promote Fountain Hills as a destination.  Related Ordinance, Policy or Guiding Principle 2022 Town of Fountain Hills Strategic Plan Priorities: Targeted Collaborative Economic Development and Promote the Long-Term Financial Sustainability of Town Infrastructure, Environmental and Social Resources. Risk Analysis Grants provide funding to support economic development and tourism initiatives for the Town of Grants provide funding to support economic development and tourism initiatives for the Town of Fountain Hills. Failure to receive funding will result in less funding available for marketing and promotion of the community, which may impact the number of visitors to Fountain Hills resulting in a loss of bed and sales tax revenue.  Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends approval. SUGGESTED MOTION MOVE to approve staff to apply and take receipt of Prop 202 grant funding from the Fort McDowell Yavapai Nation to support the Town's economic development and tourism efforts. Form Review Inbox Reviewed By Date Finance Director David Pock 04/04/2022 01:23 PM Town Attorney Amanda Jacobs 04/06/2022 09:51 AM Economic Development Director (Originator)Amanda Jacobs 04/06/2022 09:55 AM Finance Director David Pock 04/06/2022 01:13 PM Town Attorney Aaron D. Arnson 04/06/2022 04:14 PM Town Manager Grady E. Miller 04/06/2022 07:15 PM Form Started By: Amanda Jacobs Started On: 04/04/2022 08:21 AM Final Approval Date: 04/06/2022  ITEM 7. B. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 04/19/2022 Meeting Type: Town Council Regular Meeting Agenda Type: Consent                  Submitting Department: Administration Prepared by: Bo Larsen, Community Relations Manager Staff Contact Information: Bo Larsen, Community Relations Manager Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION AND POSSIBLE ACTION: on the proposed Communications Strategic Plan and Community Engagement Plan. Staff Summary (Background) On March 15, 2022, the Town of Fountain Hills Communications Strategic Plan and Community Engagement Plan were presented to the Town Council.  The Communications Strategic Plan and Community Engagement Plan is a framework for advancing the free flow of accurate and truthful information, which is essential to serving the public interest and contributing to informed decision-making. By communicating clearly, the town will maintain relationships with the media, government officials, and the public. Most importantly, keeping these stakeholders informed will build the relationship between town leaders and citizens, promote trust and respect between local government and its constituents, and create an atmosphere that invites citizen involvement in decisions that affect the community. Assuming the Town Council adopts these plans, staff will then post the plans to the town's website for the public to view and will begin working on implementing them.   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 adopting the Communications Strategic plan and Community Engagement Plan as a framework for effective communications with town residents, businesses, other government entities, and the media. SUGGESTED MOTION MOVE to adopt the Communications Strategic Plan and Community Engagement Plan. Attachments Communications Strategic Plan - Citizens Engagement Plan 12-7-21 FINAL  Form Review Inbox Reviewed By Date Finance Director David Pock 03/21/2022 10:49 AM Community Relations Manager (Originator)Bo Larsen 03/21/2022 05:41 PM Finance Director David Pock 03/22/2022 08:50 AM Town Attorney Aaron D. Arnson 03/22/2022 09:26 AM Town Manager Grady E. Miller 03/25/2022 09:35 AM Form Started By: Bo Larsen Started On: 03/21/2022 09:08 AM Final Approval Date: 03/25/2022  1 Communications Strategic Plan December 7, 2021 2 Community Relations/Public Information Mission: The mission of the Community Relations/Public Information Office is to be the TRUSTED SOURCE of information by accurately communicating news and information to Fountain Hills' citizens, elected officials, customers, employees, and news media via internal and external communication sources. The Community Relations Department has four key goals: 1) To establish the Town of Fountain Hills as the primary source for Town news, emergency communications, and information on events. 2) To inform, educate and engage residents and stakeholders about Town responsibilities, services, activities, and results. 3) To inform Town elected officials and Town leadership of any Town projects, incidents, and potential and current media coverage. 4) To help inform, educate and engage Town employees about the policies, procedures and information they need to succeed in their jobs and represent the Town in public interactions. These goals are achieved through the following activities: • Raise public awareness of the decisions made by the Town Council and Town Manager using multiple communication channels • Crisis communications planning and action as needed • Provide Town information via the web, social media, printed newsletters, and the news media • Stream Town Council meetings live on www.fh.az.gov Ch. 11 and Cox Cable Government Access Ch. 11 with replays on YouTube • Respond in a timely manner to media and public records request • Utilize video, digital and multimedia content to enhance communication • Design and produce printed and digital content that engages and informs the reader • Create custom communication plans to address Town client needs • Speech writing and coaching for elected officials and key town staff, as needed 3 Goal: Deliver Effective CRISIS COMMUNICATIONS residents will depend on in the event of an emergency Strategy: Be a key resource for residents, businesses, and media partners for up to date information during emergency situations in or near the Town of Fountain Hills. Emergency situations include: wildfires, floods, public safety, and road closures. Action Steps: • Be proactive with communications and anticipate the needs of residents to ensure emergency preparedness during the wildfire and/or monsoon seasons for example. Share information and resources to help residents be prepared in the event of an emergency. • Produce up-to-the-minute communications in the event of an emergency. Provide accurate and current information and resource information as it becomes available. o Work closely with agency PIOs to disseminate and share critical information o Develop a communications network among Town departments and business/social organizations to distribute critical information to clients/customers/residents • Develop strong media relations which are utilized to provide current and accurate information about emergency situations in Fountain Hills. o Press releases and direct communications with reporters will provide accurate information to the media. o Town’s PIO will establish a media safe zone for interviews with Town officials, and live updates to the media. • Develop emergency communication resources to provide residents and media with up-to- the-minute information during an emergency o Social Media – Facebook and Twitter will be utilized to share current situational information and will be updated frequently as needed. Each post will have a time stamp ensure the information is the latest. o CodeRed – Subscribed residents will be updated with latest information of events and activities. An ongoing registration campaign will raise participation. o Website – fh.az.gov will have information of an ongoing event updated each hour, if available. o FH Emergency Hotline – if developed, this will allow residents who do not subscribe to digital resources to call a dedicated phone number with a recorded message for current emergency information (Wildfires, Floods, Road Closures) o Ch. 11 – In the event of a major emergency, the channel will be used to post available resources and emergency contact information. • Promote Town emergency communication resources to community residents: CodeRed, Social Media (Facebook, Twitter, and NextDoor), Website, Ch. 11. In the event of an emergency these channels will be utilized to communicate with residents. 4 Goal: Produce highly visual and informative SOCIAL MEDIA posts that engage the community. • Facebook, Twitter, Instagram, LinkedIn, NextDoor, YouTube Strategy: Use social media to communicate Town information, promote events, and emergency communications to the public and employees. Action Steps: • Share external information via the Town’s social media sites (Facebook, Twitter, Instagram, LinkedIn, and YouTube) following best practices, the Town of Fountain Hills Social Media Policy and tailoring our message to targeted audiences. • Utilize video, digital and multimedia content to support and enhance communication. • Manage content contributed by departments • Update the Social Media Policy as needed • Develop video and audio content for distribution on Social Media • Monitor social media closely to address concerns and trends in communications from residents • Develop cross promotional opportunities on social media for various Town departments (i.e. tourism, economic development, community services) • Develop social media advertising when appropriate and requested to promote Town events • Develop promotional opportunities on Facebook through “boost” avenues to increase likes and shares when appropriate • Monitor and archive interactions on all Town social media sites through ArchiveSocial Goal: Build and maintain strong MEDIA RELATIONS Strategy: Be responsive, timely and accurate regarding media inquiries, proactively promote Town information as media stories, and seek media coverage for special events and programs. Action Steps: • Always be responsive to media inquiries with a less than one-hour reply • Develop and distribute media releases to media list which includes FH Times, news outlets in the Phoenix Metro, and other media outlets as necessary • Direct communication in person, on the phone, via email, with reporters to deliver information, discuss stories and schedule interviews. • Meet with Town departments to develop and plan media strategies 5 • Conduct media training for department directors and staff to prepare for interviews • Collect media inquiries from around the Town and send a weekly media inquiry summary to Town Manager Goal: Build a strong Online Digital Management System WEBSITE (fh.az.gov or fountainhillsaz.gov) and INTRANET (https://intranet.fh.az.gov/ ) Strategy: Use the Town’s external and internal websites to communicate Town information to the public and employees. Action Steps: • Update the design of the Town of Fountain Hills website so that it is easy to navigate and people can quickly find what they are looking for. o Average 2-4 minutes per visit o Increase overall visitors o Visual site that promotes the town brand • Maintain and/or refresh content o Follow analytics and work with departments to remove any content that is no longer relevant or is outdated. o Update visuals on site • Support departments in creating content that meets standards for accessibility so that all visitors to fh.az.gov are able to access the content they need. • Utilize video, digital and multimedia content to support and enhance communication o Add current content relevant to employees to Intranet o Archive or remove content that is outdated • Utilize video, digital and multimedia content to support and enhance communication • Support departments in creating content that meets standards for accessibility so that all visitors to fh.az.gov are able to access the content they need. 6 Goal: Produce Proactive and Responsive PUBLIC INFORMATION/COMMUNITY RELATIONS Strategy: Encourage proactive community engagement with Town leadership and departments. Community engagement campaigns will increase awareness, transparency and active citizen participation. Community engagement activities will be focused around Town initiatives and delivered based on community interest. Action Steps: • Produce engaging and informative quarterly community newsletter – Fountain Hills Insider • Develop strategic community relations plan to guide current and future efforts • Be a trusted Town resource for community questions and guide Town residents to the best resource to help answer their specific concern • Hold community meetings and meet with key stakeholders specifically related to major Town initiatives • Speak to groups and organizations proactively and regularly about Town services. (PIO, Town Manager, Department Leads) • Develop communication strategies to target select demographic groups. (Youth, Seniors, for example) • Participate in Town Podcast and Valley Focus radio interviews and redistribute on social media and Town’s websites • Develop informative slides for Ch. 11 government channel playback • Create posters, fliers, and mailers as necessary Goal: Create Engaging EMPLOYEE COMMUNICATIONS Strategy: Town employees are an important marketing and communications tool which enhances the Town’s messaging strategies. A strong Employee Communications program will provide important, timely and accurate information to all employees using a variety of communication channels. Action Steps: • Produce All Staff emails when needed to communicate urgent information to employees. • Produce and email monthly newsletter to employees to highlight events and feature stories. • Develop a Town of Fountain Hills staff group Intranet Chat Page managed by Community Relations Manager and HR Department. 7 • Design posters, bulletin boards, mailed letters, and other products as needed. • Help Human Resources in communicating important news and educational information. • Proactively use Town social media sites including Facebook, Twitter, Instagram and LinkedIn to tell the Town of Fountain Hills story. • Post relevant internal information to intranet.fh.az.gov o Calendars, HR information, Events Goal: Citizens Engagement Process Strategy: A well-informed citizenry is crucial for effective government communications and strong accountability of government agencies and leadership. Civic engagement creates and maintains an educated, aware, motivated, engaged, and fulfilled community. The level of public engagement can range from keeping the public informed to involving the public’s participation in the decision-making process. Engaging the public early and at the appropriate level helps create buy-in for the process and the final decision. Action Steps: • Outline Needs and Desired Outcomes: o Create clear activity outline defining goals and outcomes; o Identify decision makes and dates when formal decisions will be made o Determine the level of public engagement based on the scope and impact of the project o Determine which public to target and how to engage them o Develop a timeline to achieve public engagement o Determine how to measure and archive public engagement results o Determine how the results will be shared with the public 8 Goal: Develop versatile VISUAL CONTENT Library Strategy: Share Town of Fountain Hills’ story with photographs and video content. Action Steps • Develop a digital media library of photographs and video for all Town department use • Take and share photographs of events, activities, and projects to enhance the messaging for the Town’s communications. • Take and create video content for use in social media, web, and for video programming (State of the Town, etc.) • Use visuals for Ch. 11 slides where appropriate HOW WE MEASURE SUCCESS 2021-2022 Goal: Deliver Effective CRISIS COMMUNICATIONS residents will depend on in the event of an emergency • Goal ZERO complaints about emergency communications • Each designated emergency event hits targets of Social Media, Webpage, Code Red (if applicable), FH Times/Media Goal: Produce highly visual and informative SOCIAL MEDIA posts that engage the community. • Increase platform likes/followers by 2% yearly • Increase in engagement/shares • Reach Goal: Build and maintain strong MEDIA RELATIONS • Measure and track through online media tracking service (TVeyes) • Stories generated • Advertising value, where measurable • Impressions, readership and viewership • Increased year over year TV and Radio placements • Increased external sites online placements Goal: Build a strong Online Digital Management System • New website design • Increase overall usage • Maintain 2-4 minutes per visit 9 Goal: Produce Proactive and Responsive PUBLIC INFORMATION/COMMUNITY RELATIONS • Quarterly publication home delivered within 5 days of target date • 24-hour response to resident inquiries • Attend major community events • Represent Town at community meetings • Community Survey 2021 Create Engaging EMPLOYEE COMMUNICATIONS • Create yearly Survey Monkey for internal usage • Increase usage of Intranet Chat communications • Monthly employee newsletter distributed on last pay-day of month Goal: Develop a versatile VISUAL CONTENT Library • Visual Library established in June 2021 • All Departments utilizing in 2021 Citizen Engagement Plan 2021 PREPARED BY BO LARSEN COMMUNITY RELATIONS MANAGER 2021 Communications Plan Appendix A well-informed citizenry is crucial for effective government communications and strong accountability of government agencies and leadership. Civic engagement creates and maintains an educated, aware, motivated, engaged, and fulfilled community. The level of public engagement can range from keeping the public informed to involving the public’s participation in the decision- making process. Engaging the public early and at the appropriate level helps create buy-in for the process and the final decision. Citizen Engagement brings government and citizens together to foster collaborative conversations, build positive relationships, and promote new, innovative ways for citizens to be informed, engaged, and involved in decision making. Through the use of social media, other digital platforms, neighborhood collaboration, public outreach, and other special projects, the Public Information/Community Relations Office provides a one- stop-shop for engaging with the public. The Town of Fountain Hills is committed to being approachable, transparent, and accessible. Advancing the free flow of accurate and truthful information is essential to serving the public interest and contributing to informed decision-making. By communicating clearly, the Town will maintain relationships with the media, government officials, and the public. Most importantly, keeping these stakeholders informed will build the relationship between Town leaders and citizens, promote trust and respect between local government and its constituents, and create an atmosphere that invites citizen involvement in decisions that affect the community. 2 Connecting with Residents on Key Policy and Election Issues Town Council and the Town Administration make decisions that often have a direct effect on residents and businesses. Decisions made can be in a policy, recommendation for bonds, ballot initiatives on an upcoming election or changes to the Town budget, as examples. It is imperative that when programs, policies and election related decisions are enacted that residents are made aware and have the opportunity for comment. The Citizen Engagement Plan provides a guideline in how the Town will communicate with constituents on important topics and issues. Elections The Town of Fountain Hills holds elections every even year for Mayor and eligible Town Council seats, and any ballot initiatives. All elections for county and town initiatives and representatives are managed by the Maricopa County Elections Department. When elections are occurring in Fountain Hills, the Town follows strict guidelines set forth by the county elections department, and provides information to the public. Town Communication Tools Messaging Town Website – www.fountainhillsaz.gov The Town of Fountain Hills’ Town Clerk maintains an election page www.fountainhillsaz.gov/180/Elections- Elecciones that provides Voter Registration information, Campaign Finance Reports, Election Results, Forms & Information, Local Candidate Elections, and candidate and referendum information. Media The Town will promote upcoming elections and information about these elections in the Fountain Hills Times through press releases. Press releases for elections at www.fountainhillsaz.gov/674/Public- Information-Office 3 Messaging Publication of Election Information Town produces a printed election overview of upcoming elections and referendum for Fountain Hills’ residents to review. Town Council Meetings Town Hall Meetings Press Conferences Open Houses Town Sponsored Meetings Public meetings may be held to allow residents to ask questions of Town leadership or candidates. www.fountainhillsaz.gov Town website provide information about the election and where residents may vote in person, or drop-off mail-in ballots. www.recorder.maricopa.gov/elections Maricopa County Elections Department administers city, town, school district, special district, state and federal elections in Maricopa County. Town of Fountain Hills Public Information Office will announce upcoming elections and provide links to appropriate Town/County websites. Social Media 4 Town Communication Tools News Releases Cox Cable Channel 11 Speakers Bureau and Community Outreach Town provides written information for local and regional print and website media with factual information about Town policies and events. Cox Cable provides a government access channel (11) to the Town. Static displays and short videos are shown about upcoming events or items of community interest. Town Council or Town Leadership are invited to community civic organizations and stake holders to provide updates on Town activities. Major and Minor Policy The Town Council of Fountain Hills makes policy decisions for Town staff to implement. Policy is a “law, regulation, procedure, administrative action, incentive, or voluntary practice of governments and other institutions. Policy decisions are frequently reflected in resource allocations” (www.merriam-webster.com/dictionary/policy). When policies are enacted, either major or minor is scope and resources, the Town will communicate this information to residents. An example of a major policy could be a change to utilization fees of a park or sign ordinance change. A minor policy or “guiding principle” example could be a liquor license approval or approval of new board commissioners. MessagingPolicy Town Website www.fountainhillsaz.gov All Policies Information about approved policies is available on the Town’s website through the agenda management system - Agenda - View Meetings (destinyhosted.com) Media Major Policies - Major Policy approvals have a larger impact to Town resources (staff time and financial), and will bring more impact to residents. Town press release (s) about the policy and its impacts are shared with local print media, and other media outlets if deemed of high interest. Local media will publish a story about the policy change in the Fountain Hills Times. 5 Communication Tools MessagingPolicy Town Website www.fountainhillsaz.gov Major Policies Press release shared on Town Website Information is posted on the appropriate department website pages. Social Media Major Policies If a policy has an impact on the entire community then a social media posting is warranted to educate the public. Fountain Hills Insider – Newsletter Major Policies Major policies will generally have an effect on residents. Articles will highlight the benefits and impacts of the policy. Mayor and Town Council Major Policies Any press releases delivered to Town Council prior to local publication. Town Website www.fountainhillsaz.gov Information may be found at - Agenda - View Meetings (destinyhosted.com) Information may be found on Department website pages if needed Minor - Depending on the impact of the policy to residents or Town operationsThough a policy may have little to no effect on residents, there may be an interest. Depending on the uniqueness of the minor policy Social Media may be utilized to promote or highlight the minor policy. 6 Communication Tools Bond Referendums A bond referendum is a voting process that gives voters the power to decide if a municipality should be authorized to raise funds through the sale of bonds. Town Council may choose to ask residents for additional funding to support major capital projects. These projects may include streets repair and replacement, park construction, Fountain Lake repairs, or other infrastructure need that far exceeds the normal Town budget. Messaging Media Town will produce press releases to raise awareness of the referendum for local newspapers, radio, and television news outlets. Town Website www.fountainhills az.gov Town would have an information page on the bond referendum to explain what it would accomplish. Social Media Town social media postings would highlight what the bond referendum would accomplish, and links to an information page on the Town’s website www.fountainhillsaz.gov. Newsletter – Fountain Hills Insider Town would publish awareness articles in the Town produced newsletter to educate readers on the purpose and cost of the referendum. Cox Channel 11 (Government TV channel) Mayor and Town Council Town may place awareness slides and or video of the proposed referendum to educate viewers. Town Council will receive press release information prior to local publication 7 Communication Tools Budget Process, Adoption and Updates Transparency is a core value of governmental budgeting. Good public participation practices can help governments be more accountable and responsive to their communities and improve the public’s perception of governmental performance and the value the public receives from their government. Developing a transparent budget process will enhance the government’s credibility and trust within the community. Messaging Media Town will produce press releases to raise awareness about public meetings with discussions concerning Town budget Town Website www.fountainhills az.gov Town has an information page on the budget process and the approval timelines. Newsletter – Fountain Hills Insider An article will provide an overview of the Town's budget. Mayor and Town Council Town Council will receive press release information prior to local publication 8 Communication Tools Get Connected. Stay Connected. Residents of Fountain Hills are provided with a variety of passive communication outlets to stay engaged and be informed of Town activities and services, events, and public meetings. Social Media – The Town uses a variety of Social Media outlets to share information concerning Town activities and events. Fountain HillsFacebook – @ TownofFountainHills Twitter - @ fhazgov Instagram – @townoffountainhills LinkedIn – @ town-of- fountain-hills YouTube – @/c/TownFountainHills Economic Development LinkedIn - @ fountain-hills-economic-development Community Services Facebook - @ fhparksandrec Instagram - @ fountainhillsrec Citizen Connection Opportunity Residents have the ability to be an active participant in the conversation, and respond to Town posted communications in an appropriate manner. Town of Fountain Hills Website – The newly revised Town website provides a nearly complete overview of all departments, services and activities for the Town of Fountain Hills. www.fountainhillsaz.gov Residents can keep up to date with news through the press release feature, see upcoming meeting notices, and contact department staff and Town leaders. Town of Fountain Hills Cox Cable 11 and YouTube recordings Cox Cable Ch. 11 www.fountainhillsaz.gov/386/Channel-11 YouTube www.youtube.com/c/TownFountainHills Ch. 11 on Cox Cable is a channel dedicated to government communications. Residents can watch a live broadcast of the Town Council meetings, as well as other information about upcoming events. All Town videos are available on YouTube. 9 Communication Tools Get Connected. Stay Connected. Fountain Hills Insider – Town of Fountain Hills community newsletter Delivered quarterly to all Town residential homes and businesses Citizen Connection Opportunity Articles in the Fountain Hills Insider provide a call-to-action to contact Town departments or Town leadership Media Relations – Public Information uses local and regional media outlets to share stories of upcoming events, projects or critical news. Most Common News Outlets - Fountain Hills Times - fhtimes.com - Arizona Republic - AZCentral.com - ABC15 - 12News - Fox10News - AZFamily (Ch. 3 & 5) - KTAR – 92.3 FM - KFYI – 550 AM - KJZZ (NPR) 91.5 FM The Fountain Hills Times will publish and report stories about Town events and activities on a weekly basis. Regional news media outlets carry Fountain Hills stories Public Town Meetings and Community Outreach Events - Town Council Meetings - Boards and Commission Meetings - Community Events and Outreach Attending Town meetings allows residents to learn about important issues being discussed, and these meetings allow for input from the public. 10 Communication Tools Staying Informed During an Emergency Most emergencies occur unexpectedly, and information provided by neighbors, social media, and many times, local media is often not current or accurate for the moment. Emergencies include wildfires, floods, public safety, and road closures. The Town of Fountain Hills is the critical resource for residents, businesses, and media partners for up- to-date information during emergencies in or near the Town of Fountain Hills. Town Website – www.fountainhillsaz.gov Home page notices are updated as new information becomes available. A date and time stamp will show the most current updates. The Town will use Facebook – @ TownofFountainHills and Twitter - @ fhazgov to send up-to-the-minute information as it becomes available. Social Media CodeRED is a FREE emergency notification service provided to all residents within Fountain Hills. The system sends an emergency message through phone calls, text messages, emails, social media and the CodeRED Mobile Alert app. The system is used to keep residents informed of local events that may immediately impact their safety. Receive notifications for: - Missing Children - Emergency Preparedness - Emergency Evacuation Notices - Wildfires - Public Health Crisis - Criminal Activity CodeRED Local news media will report on incidents occurring in Fountain Hills. Local News Media 11 27 Stay current and follow the Town of Fountain Hills www.fountainhillsaz.gov @fhazgov @TownofFountainHills @townoffountainhills @town-of-fountain-hills /TownFountainHills 16705 E. Avenue of the Fountains Fountain Hills, Arizona 85268 480-816-5100 ITEM 8. A. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 04/19/2022 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda                  Submitting Department: Administration Prepared by: Elizabeth A. Klein, Town Clerk Staff Contact Information: Grady E. Miller, Town Manager Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION AND POSSIBLE ACTION: Appointments to the  Community Services Advisory Commission, McDowell Mountain Preservation Commission, Planning and Zoning Commission, Sister Cities Advisory Commission, and the Strategic Planning Advisory Commission. Staff Summary (Background) It is that time of year (April and October) for vacancies on boards and commissions to be made for those whose terms are expiring this year. Additionally, a commissioner on the McDowell Mountain Advisory Commission recently resigned and the Planning and Zoning Commission, and a vacancy existed on the Sister Cities Advisory Commission, so replacements for those commissions were done at the same time.  Below (under RECOMMENDED MOTION) is a listing of the number of appointments and terms for each board/commission. Action by the Town Council could be made with one motion or for each board/commission individually. Related Ordinance, Policy or Guiding Principle Chapter 2A of the Town Code Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) Recommendations to the Mayor have been made by Council Subcommittees A and B. Staff Recommendation(s) Make appointments of citizens to the following boards and commissions as indicated below. SUGGESTED MOTION MOVE to appoint to the various Boards and Commissions as follows:          COMMISSION TERM APPOINTMENT Community Services Advisory Commission    04/30/25 04/30/25   ___________________ ___________________   McDowell Mountain Preservation Commission   10/31/22 10/31/25   ___________________   Planning and Zoning Commission   04/30/25 04/30/25 04/30/25 04/30/23   ___________________ ___________________ ___________________ ___________________   Sister Cities Advisory Commission   10/31/23   ___________________   Strategic Planning Advisory Commission   04/30/25 04/30/25 04/30/25 ___________________ ___________________ ___________________      Form Review Form Started By: Elizabeth A. Klein Started On: 04/13/2022 10:13 AM Final Approval Date: 04/13/2022  ITEM 8. B. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 04/19/2022 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda                  Submitting Department: Community Services Prepared by: Patti Lopuszanski, Executive Assistant Staff Contact Information: Rachael Goodwin, Community Services Director Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION AND POSSIBLE ACTION:  Approving the Master Trail Plan for Fountain Hills McDowell Mountain Preserve. Staff Summary (Background) In 1996 the Town of Fountain Hills established the McDowell Mountain Preserve Commission (MMPC) to “provide trails, trailhead locations and safeguard the Preserve”. Specifically, the Town’s stated intention is, in part, to “maintain the existing, undisturbed desert landscape” and accomplish the following:    Provide for the development of a trail system within the Preserve1. Grant public access to the Preserve2. Limit human encroachment to specific areas within the Preserve3. Protect wildlife habitat4. In 1997 the MMPC voted to establish the Sonoran Conservancy of Fountain Hills, with the stipulation that their Board must include one or more MMPC Commissioners.  Trail building was a high priority, with all work and programs in the Preserve based on MMPC requests and approvals. In 2004 the Town Council approved a comprehensive Preserve Master Plan which provides further detail regarding its intent.  The 2004 Preserve Master Plan mission statement states: The mission is to preserve this setting for present and future residents as an open space conservation Preserve.    In 2020 the MMPC adopted “Guidelines for the Management of the Fountain Hills Preserve”.  They are consistent with the 2004 Preserve Master Plan.  The Guidelines anticipate further trail development and include additional criteria for trail design and trail density:  Provide a diversity of experiences on Preserve trails1. Consider trail density and usage2. Be sensitive to the impact on neighboring communities3. The MMPC believes the current public view of the Preserve is highly positive.  Community input to the Community Services Master Plan of 2021 has indicated a strong desire for additional trails. However, there is a recognition by the MMPC that there is a limit to how many additional trails, if any, are appropriate in the Preserve. The challenge the MMPC has is to maintain a balance between keeping the current character of the Preserve and providing additional public access for its enjoyment. This Master Trail Plan for Fountain Hills McDowell Mountain Preserve contains the MMPC’s analysis and recommendations regarding a long-term vision of future trails.  Related Ordinance, Policy or Guiding Principle Community Services Parks, Trails, and Recreation Master Plan.  Risk Analysis None Recommendation(s) by Board(s) or Commission(s) The McDowell Mountain Preservation Commission recommends approval. Staff Recommendation(s) Staff recommends the approval of the Master Trail Plan for Fountain Hills McDowell Mountain Preserve SUGGESTED MOTION MOVE to approve the Master Trail Plan for Fountain Hills McDowell Mountain Preserve. Attachments McDowell Mountain Preserve Trail Master Plan 2022  PowerPoint  Form Review Inbox Reviewed By Date Community Services Director Rachael Goodwin 04/07/2022 03:51 PM Finance Director David Pock 04/11/2022 06:32 AM Town Attorney Aaron D. Arnson 04/11/2022 09:12 AM Town Manager Grady E. Miller 04/11/2022 10:22 AM Form Started By: Patti Lopuszanski Started On: 03/03/2022 04:23 PM Final Approval Date: 04/11/2022  1 | Page Trail Master Plan 2022 For Fountain Hills McDowell Mountain Preserve Purpose It is generally acknowledged that trails in the Preserve are a significant benefit to the Town and add to the quality of life in Fountain Hills. However, at some point in the future, the Preserve trail system will be “built out”. The purpose of this Trail Master Plan is to determine and specify what, if any, additional trails may eventually be added to the Preserve over time, while maintaining an appropriate balance of the criteria specified by the Town, the 2004 Preserve Master Plan, and the McDowell Mountain Preservation Commission (MMPC) Guidelines. It is anticipated that no additional trails will be constructed in the Preserve beyond those presented in this Trail Master Plan. The trails in this plan must still be qualified by a thorough vetting process, and approved by Town Council, prior to being built. Background In 1996 the Town of Fountain Hills established the McDowell Mountain Preserve Commission (MMPC) to “provide trails, trailhead locations and safeguard the Preserve”. Specifically, the Town’s stated intention is, in part, to “maintain the existing, undisturbed desert landscape” and accomplish the following: 1. Provide for the development of a trail system within the Preserve 2. Grant public access to the Preserve 3. Limit human encroachment to specific areas within the Preserve 4. Protect wildlife habitat In 1997 the MMPC voted to establish the Sonoran Conservancy of Fountain Hills, with the stipulation that their Board must include one or more MMPC Commissioners. Trail building was a high priority, with all work and programs in the Preserve based on MMPC requests and approvals. In 2004 the FH Town Council approved a comprehensive Preserve Master Plan which provides further detail regarding their intent. The 2004 Preserve Master Plan mission statement is: The mission is to preserve this setting for present and future residents as an open space conservation Preserve. 2 | Page Pertinent to the development of this Trail Master Plan is an action item from Goal 4 of the 2004 Preserve Master Plan: “Construction of specific walking trails to provide the public with the opportunity to explore all directions within the Preserve”. In 2020 the MMPC adopted “Guidelines for the Management of the FH Preserve”. They are consistent with the 2004 Preserve Master Plan. The Guidelines anticipate further trail development and include additional criteria for trail design and trail density: 1. Provide a diversity of experiences on Preserve trails 2. Consider trail density and usage 3. Be sensitive to the impact on neighboring communities To add perspective and basis to the Trail Master Plan, a forward-looking document, it is helpful to first assess the current state and character of the Fountain Hills McDowell Mountain Preserve. The existing trail system evolved prior to the current MMPC vetting criteria. The Promenade, Overlook, Western Loop, Easy and Sonoran trails were the “foundation” trails in the Preserve spelled out in the 2004 Preserve Master Plan. The Trailblazers constructed the Andrews-Kinsey, Lower Sonoran, alternate Bike Route, and Ridgeline trails in the last eight years. The Lower Ridgeline trail will be completed by early 2022. The chronology of current trails in the Preserve: Date Trail Name Distance (miles) 2002 Promenade 0.8 (existing Jeep trail) 2003 Overlook 0.6 2006 Western Loop 1.3 2007 Easy 0.1 2008 Sonoran 1.8 2009 Sonoran to Dixie Mine 0.6 2014 Andrews-Kinsey 0.5 2017 Lower Sonoran 2.1 2018 Bike Loop 0.5 2019 Ridgeline 1.3 2022 Lower Ridgeline 0.8 Until 2010 access to the Preserve was restricted to guided hikes only, led by SCFH members. Hikers were then allowed to park about one mile from the Preserve entrance and hike up an unpaved road to the trailhead. Public access over an unpaved road to the Adero Canyon trailhead was allowed beginning in 2012. This was then limited to weekends only during the early construction of the Adero Canyon housing development. Construction of the Adero Canyon Trailhead (ACT) was completed in 2018. A ribbon-cutting ceremony was held on November 17, 2018, to celebrate the opening of the trailhead. The road to the Adero Canyon Trailhead was paved in 2020. 3 | Page The MMPC believes the existing FH McDowell Mountain Preserve trail system adheres to the intent of the Town, the 2004 Preserve Master Plan, and the MMPC Guidelines and would pass the vetting process to which future trails are subject. Some neighborhood concerns have been expressed with previous trail additions. When it was proposed, Eagles Nest residents expressed concerns relative to the Lower Sonoran Trail. Meetings with the Eagles Nest HOA and some minor rerouting of the trail alleviated those concerns. One outcome from those discussions was that 300 feet of separation between a residential property line and a trail were an acceptable offset. One Shadow Canyon homeowner expressed his concern regarding the Lower Ridgeline trail, but only after the trail was approved and well under construction. Neighborhood impact is a sensitivity that must be managed prior to the building of any new trails in the Preserve. The MMPC believes the current public view of the Preserve is highly positive. Community input to the Community Services Master Plan of 2021 has indicated a strong desire for additional trails. However, there is a recognition by the MMPC that there is a limit to how many additional trails, if any, are appropriate in the Preserve. The challenge the MMPC has is to maintain a balance between keeping the current character of the Preserve with providing additional public access for its enjoyment. This Trail Master Plan contains the MMPC’s analysis and recommendations regarding a long- term vision of future trails in the Preserve. It does not address the timing of trail additions, other than recommending the next trail to be built. Trail Options The geographic footprint of the Preserve and the existing trails in the Preserve suggested several possible areas for additional trail development. After careful consideration by the MMPC, and incorporating input from the SCFH, the Master Plan trail options were narrowed to the following: 1. North Leg Trail – an out and back trail, from the Promenade trail extending into the north arm of the Preserve. 2. Upper Sonoran Trail – a trail from the northern part of the Sonoran trail to the Western Loop, with a possible extension back to the Sonoran trail. 3. Quartz Trail Connector – a short connecting trail to an extension of the current Quartz trail in Scottsdale’s McDowell Sonoran Preserve. 4. North Leg Loop –adding a loop extension to the North Leg trail. 5. Sunridge Loop – a loop trail extending out from the east end of the Ridgeline Trail. 4 | Page An additional entry point to the Preserve may be desirable, but is not currently a possibility due to the lack of adjacent Town property or easement. It is important to emphasize that, even as additional trails are considered, maintenance of the existing trail system is to take priority over new trail construction. 5 | Page 6 | Page Process for Trail Master Plan Development The various options were considered, both individually and in the aggregate, and vetted via the MMPC Guidelines vetting process (see Appendix). Additional factors included in the analysis are: • Impact on the image of the Town of FH • Impact on Trailhead parking • Impact on wildlife • Impact on neighboring communities • Impact on trail density • Difficulty level of building the trail • Ability to use professional trail builders, i.e., equipment access • Availability of trail building resources Analysis of Trail Options Criteria common to all Options Many of the vetting criteria and additional factors apply equally to all the trail options: Do they meet the Guiding Principles? • The Guiding Principles are to: maintain the natural beauty of the Preserve, minimize human impact, prioritize conservation over development, and provide public access. While the addition of new trails will impact the natural state of the Preserve and increase human impact, the Plan intends that new construction will be carefully considered and carried out in a way that will minimize impact while providing the public with additional, desired trails. • The ability to give priority to conservation over development will require that each proposed trail in the future be thoroughly vetted at that time. Do they complement or conflict with the mission to preserve the Preserve? The additional trails present a challenge in terms of how to maintain a balance between keeping the current character of the Preserve and providing additional public access for its enjoyment. The Trail Master Plan 2022 aims to address these issues by limiting future development to the trails specified in this plan. This is consistent with the vision of the 2004 Preserve Master Plan to allow: the “Construction of specific walking trails to provide the public with the opportunity to explore all directions within the Preserve”. 7 | Page Do they take into consideration Town input? • The Town of Fountain Hills has tasked the MMPC with, among other things, “to provide for the development of a trail system within the Preserve”. Community input to the Community Services Master Plan of April 2021 has indicated a strong desire for additional trails, including Greater Trail Connectivity, Long Range Trail Plans, Environmental Education Center, Development of Outdoor and Environmental Programs, Fitness and Wellness Programs. The unique characteristic of the Preserve satisfies many of these aspirations. What problem or need do they satisfy? • The addition of trails in the Preserve serves to help accomplish the Town of Fountain Hills’ desire to provide for the development of a trail system within the Preserve and serves to help fulfill community input for a desire for additional trails. • The additional trails in this Plan also help to achieve the 2004 Preserve Master Plan vision of “construction of specific walking trails to provide the public with the opportunity to explore all directions within the Preserve”. What are the funding requirements? • Funding requirements are minimal. Labor to build and maintain the trails is done on a volunteer basis. Minor funds will be required for signage and updating of online trail maps. • Future trail building & maintenance could become problematic for this volunteer group in terms of safety, expertise, training, and equipment. Funding may be required to address these potential issues. What is the impact on Trailhead parking? • Hiking activity in the Preserve is very seasonal. Parking capacity at Adero Canyon Trailhead may be reached during limited hours on weekends and holiday periods (mid- November through March). Additional trails in the Preserve will incrementally add to this demand. • This can be mitigated by allowing overflow parking on Eagle Ridge Drive on weekends during the peak hiking season. • Parking limitations will improve trail user density. If the amount of parking spaces remains the same, it will limit additional users regardless of how many new trails are added. 8 | Page What is the impact on wildlife in the Preserve? • Without an extensive study on wildlife movements, it is difficult to anticipate the impact on current habitats. However, years of continuous construction in the adjacent neighborhoods have likely already forced alternate environments for some of the Preserve’s wildlife. • The impact on wildlife will be considered when vetting any potential new trails. What is the input from SCFH? The Sonoran Conservancy of Fountain Hills (SCFH) reviewed an early draft of the Trail Master Plan and provided input to the MMPC (see full comments in the Appendix). Their thoughtful and thorough comments were discussed by the MMPC and taken into consideration in finalizing this document. The SCFH input was most helpful in improving this plan. Their involvement and efforts are appreciated by the MMPC. Trail Specific Vetting Following are the results of the vetting of specific trails. Note that: • The proposed North Leg Trail has been fully vetted by the MMPC. Its approval by Town Council is recommended by the MMPC and supported by the SCFH. • The other trails listed have been through an initial screening to determine if they warrant inclusion in this Trail Master Plan. A complete vetting and Town Council approval are required prior to moving forward with these. • The descriptive names used in this document will not necessarily be the trail name. That will be decided at the time each trail is approved. • References to Trail Density refer to the physical proximity and visibility of other trails. North Leg Trail This is an out and back trail from the Promenade trail, extending into the north arm of the Preserve. The trail length is 0.9 miles one way. It is a 2.8-mile round trip hike from Adero Canyon Trailhead. 9 | Page What is the potential impact on the image of the Town of FH? • One of the appeals of Fountain Hills is the Preserve and the ability of people to enjoy the Preserve via a trail system. Additional hiking options in the Preserve will enhance that image. • Another appeal is the ability of non-hikers to enjoy the view of the Preserve from a distance. This trail will have virtually no effect on that view. Does it add to the diversity of the trail system? • This trail is 0.9 miles in length (one way) and would be rated moderately easy. It has easy access from the Promenade and provides a new hiking option, especially for visitors not accustomed to, or wanting more strenuous hikes. • The trail opens an area of the Preserve not currently accessible to the public. What is the impact on trail density? • This trail extends to an area of the Preserve with no existing trails. Therefore, it does not add to localized trail density. Visibility to and from other trails is minimal. What is the impact on bordering neighborhoods? • There are a few lots bordering this area of the Preserve: o Nine houses in Shadow Canyon. o Six lots in Eagles Nest, none of which are developed. The North Leg trail has been planned to minimize the visual impact on these residences. What is the impact on wildlife in the Preserve? • This portion of the Preserve is approximately 0.2 miles wide, with existing or planned residential development on three sides. It is believed that the addition of a hiking trail in this area will have minimal impact on any wildlife. What is the level of effort to pursue i.e., trail building difficulty? • Building this trail would be of similar difficulty as the Lower Sonoran and Lower Ridgeline builds. For Trailblazers, this would be the shortest hike to the trail work, approximately one-half mile. 10 | Page What is the ability to use professional trail-building resources? • The trail is connected to the Promenade. This is the most accessible of the trails to transport trail building equipment, though it is expected that this trail will be built in the traditional fashion of volunteer labor and hand tools only. What is the availability of resources to build the trail? • The SCFH Trailblazers leader has confirmed that Trailblazer volunteer labor will be sufficient to construct this trail. Upper Sonoran Trail – Initial Screening This is a 1.2-mile trail from near the north end of the Sonoran Trail to the Western Loop Trail. There is also a proposed leg leading back to the southern end of the Sonoran Trail. What is the potential impact on the image of the Town of FH? • One of the appeals of Fountain Hills is the Preserve and the ability of people to enjoy the Preserve via a trail system. Additional hiking options in the Preserve will enhance that image. • Another appeal is the ability of non-hikers to enjoy the view of the Preserve from a distance. This trail would not be visible from outside the Preserve. Does it add to the diversity of the trail system? • This trail is approximately 1.2 miles long and would be rated difficult. It connects the eastern part of the Sonoran Trail to the Western Loop trail, with an option to rejoin the Sonoran trail at the western end. • The addition of this trail would provide many additional options for desirable loop hikes when combined with the Western Loop, Sonoran, Lower Sonoran, and crossovers. • The trail traverses a more rugged and remote portion of the Preserve, often with no houses in view. It provides hikers with a very different experience than other trails in the Preserve. What is the impact on trail density? • This trail extends through rugged terrain. Other than connection points to the Western Loop and Sonoran Trails, no other trails are visible. What is the impact on bordering neighborhoods? • There are no houses impacted by this trail. It is in a remote area of the Preserve. 11 | Page What is the impact on wildlife in the Preserve? • This trail is in a more remote area of the Preserve. There is likely more wildlife in this part of the Preserve but also more space for a trail to minimally impact the wildlife. Additional assessment of this should be completed during the full vetting process. What is the level of effort to pursue i.e., trail building difficulty? • This is a more difficult trail to construct but could still be accomplished with volunteer labor and hand tools only. What is the ability to use professional trail-building resources? • The trail is connected to the Sonoran Trail a short distance from the Promenade trail. Trail building equipment could access this trail via the Promenade trail, then down the Sonoran. Quartz Trail Connector – Initial Screening This is a 1.7-mile trail from the Quartz Trail in the Scottsdale McDowell Sonoran Preserve to the Upper Sonoran or Sonoran Trail in the Fountain Hills McDowell Mountain Preserve. The majority of this trail is in Scottsdale. The Fountain Hills portion of the trail would be only 300 feet if connected to the proposed Upper Sonoran or 0.25 miles if connected to the Sonoran. What is the potential impact on the image of the Town of FH? • One of the appeals of Fountain Hills is the Preserve and the ability of people to enjoy the Preserve via a trail system. Additional hiking options in the Preserve will enhance that image. • Another appeal is the ability of non-hikers to enjoy the view of the Preserve from a distance. This trail would not be visible from outside the Preserve. Does it add to the diversity of the trail system? • This trail is approximately 1.7 miles long and would be rated difficult. It provides an additional connection to the Scottsdale McDowell Mountain Preserve which opens the possibility of many additional hiking options. • It provides access to a rugged and remote portion of the Scottsdale Preserve, often with no houses in view. It provides hikers with a very different experience than other trails in the Preserve. What is the impact on bordering neighborhoods? • There are no houses impacted by this trail. 12 | Page What is the level of effort to pursue i.e., trail building difficulty? This is a very difficult trail to construct on the Scottsdale side. The Fountain Hills portion of this trail would be relatively easy due to its short length. What is the ability to use professional trail-building resources? • Accessibility by trail building equipment is not clear, though it is unlikely to be used in the Fountain Hills Preserve for this trail. What is the impact on trail density? • This trail extends through rugged terrain and towards the Scottsdale Preserve. Other than the connection point to either the Upper Sonoran or Sonoran Trail, no other trails are visible from this trail. What is the impact on wildlife in the Preserve? • Due to the short length of the Fountain Hills portion of the trail, there would be minimal impact on wildlife in the Preserve. The impact on wildlife on the Scottsdale side would be addressed by Scottsdale. North Leg Loop – Initial Screening This is an extension of the North Leg Trail connecting back near the Adero Canyon Trailhead. This would be a 2.6-mile loop hike from Adero Canyon Trailhead. What is the potential impact on the image of the Town of FH? • One of the appeals of Fountain Hills is the Preserve and the ability of people to enjoy the Preserve via a trail system. Additional hiking options in the Preserve will enhance that image. • Another appeal is the ability of non-hikers to enjoy the view of the Preserve from a distance. This trail would have limited visibility from nine houses in Shadow Canyon. Does it add to the diversity of the trail system? • This trail would provide a loop option to the North Leg. • It would also provide an additional path from Adero Canyon Trailhead for hikers to disperse. What is the impact on trail density? • This extension to the North leg increases trail density near the Adero Canyon Trailhead. The visibility to and from other trails, including the Promenade trail, is minor except for near the Trailhead. 13 | Page What is the impact on bordering neighborhoods? • This trail would have limited visibility from nine houses in Shadow Canyon. What is the impact on wildlife in the Preserve? • This portion of the Preserve is approximately 0.2 miles wide, with existing or planned residential development on three sides. It is believed that the addition of a hiking trail in this area will have minimal impact on any wildlife. What is the level of effort to pursue i.e., trail building difficulty? • Building this trail would be of similar difficulty as the Lower Sonoran and Lower Ridgeline builds. For Trailblazers, this would be the shortest hike to the trail work, starting just outside the Trailhead. What is the ability to use professional trail-building resources? • The trail begins near the Adero Canyon Trailhead, and so is the most accessible of the trails for trail building equipment access. Sunridge Loop – Initial Screening What is the potential impact on the image of the Town of FH? • One of the appeals of Fountain Hills is the Preserve and the ability of people to enjoy the Preserve via a trail system. Additional hiking options in the Preserve will enhance that image. • Another appeal is the ability of non-hikers to enjoy the view of the Preserve from a distance. This trail would be visible from the Sunridge golf course area. Does it add to the diversity of the trail system? • This trail is an extension of the Ridgeline trail and is approximately 0.9 miles long. It would be rated difficult. • The trail provides additional scenic views of the Sunridge golf course, the Fountain, and a bird’s eye view of the Town. The addition of this loop increases hiking options when combined with the Ridgeline and Lower Ridgeline trails. What is the impact on trail density? • This trail extends to an area of the Preserve with no other trails. No other trails would be visible from this trail. 14 | Page What is the impact on bordering neighborhoods? • This trail would be visible from a distance in the Sunridge golf course area. What is the impact on wildlife in the Preserve? • It is believed that the addition of a hiking trail in this area would have minimal impact on wildlife. What is the level of effort to pursue i.e., trail building difficulty? • Building this trail would be of similar difficulty as the Ridgeline Trail build. What is the ability to use professional trail-building resources? • It would be difficult for trail building equipment to access this trail. Summary The MMPC believes the Fountain Hills McDowell Mountain Preserve has evolved to the point that a long-term trail master plan is warranted. Such a plan serves to provide a coordinated approach to possible future trails that will serve to achieve the Preserve Master Plan goal: “To provide the public opportunity to explore all directions within the Preserve.” while ensuring that the overall Preserve trail system achieves the best balance possible between preservation of the Preserve and availability to the public. The MMPC will present recommendations for approval by the Town Council of each new trail identified in this Trail Master Plan one at a time, and only after each has been fully vetted and potential resources to construct each trail are identified. 15 | Page APPENDIX IDEA FLOW AND MMPC IDEA VETTING PROCESS The following idea qualification process was adopted by the MMPC in 2019. This process would be applied as additional consideration filters following compliance with the Guiding Principles and used by the working groups to assess new ideas and issues. Step 1 - VETTING: 1. Does it meet the Guiding Principles? 2. Does it complement or conflict with our mission to preserve the Preserve? 3. Does it consider the source - Town, Community, SCFH, within MMPC? (Town source should take priority) 4. What problem does it solve or what need does it satisfy? 5. What are the funding requirements? (both capital and expense as well as necessary or long-term funding sources) 6. What is the level of effort to pursue? (Is it achievable within the means of the MMPC?) Step 2 – APPROVAL (presented by Working Group at a monthly MMPC meeting) 1. Outline the problem or need. 2. Provide several possible scenarios with pros and cons for each. 3. If appropriate, provide a recommendation for approval/disapproval. Step 3 – PRIORITIZATION (once approved) 1. Are there time constraints in implementing the idea? (Budget deadlines, seasonal considerations, resource availability, etc.) 2. Will funding complexities affect completion? Trail Master Plan MMPC presentation 05 April 2022 MMPC Guiding Principles 1. Maintain the natural beauty of the Preserve. 2.Minimize human impact within the Preserve, including: a.Non-essential facilities within the Preserve b.Commercialization in the Preserve c.Prioritization of conservation over development 3.Provide public access to and within the Preserve that encourages a positive and safe experience. Trail Master Plan Key Points ●Consistent with 2004 Trail Master Plan ●Consistent with Parks & Rec Master Plan ●Collaborated with Sonoran Conservancy of Fountain Hills ●Trails identified for future growth ●Creates a detailed vetting process for trails How do we build trails? ITEM 8. C. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 04/19/2022 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda                  Submitting Department: Community Services Prepared by: Patti Lopuszanski, Executive Assistant Staff Contact Information: Rachael Goodwin, Community Services Director Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION AND POSSIBLE ACTION: Resolution 2022-10 approving the construction of the North Leg Trail. Staff Summary (Background) The North Leg Trail is contained within the Town-owned McDowell Mountain Preserve. It is an out and back route from the Promenade Trail, extending into the north arm of the Preserve.  The trail length is 0.9 miles one way.  It is a 2.8-mile round trip hike from Adero Canyon Trailhead. The proposed trail has been evaluated by the McDowell Mountain Preservation Commission using the adopted vetting standards, as noted below: What is the potential impact on the image of the Town of FH?  One of the appeals of Fountain Hills is the McDowell Mountain Preserve and the ability of people to enjoy the Preserve via a trail system. Additional hiking options in the Preserve will enhance that image. Another appeal is the ability of non-hikers to enjoy the view of the Preserve from a distance.  This trail will have virtually no effect on that view. Does it add to the diversity of the trail system?  This trail is 0.9 miles in length (one way) and would be rated moderately easy.  It has easy access from the Promenade and provides a new hiking option, especially for visitors not accustomed to, or wanting more strenuous hikes.  The trail opens an area of the McDowell Mountain Preserve not currently accessible to the public. What is the impact on trail density?  This trail extends to an area of the McDowell Mountain Preserve with no existing trails.  Therefore, it does not add to localized trail density.  Visibility to and from other trails is minimal. What is the impact on bordering neighborhoods?  There are a few lots bordering this area of the McDowell Mountain Preserve:  Nine houses in Shadow Canyon.  Six lots in Eagles Nest, none of which are developed.  The North Leg trail has been planned to minimize the visual impact on these residences.   What is the impact on wildlife in the McDowell Mountain Preserve?  This portion of the Preserve is approximately 0.2 miles wide, with existing or planned residential development on three sides.  It is believed that the addition of a hiking trail in this area will have minimal impact on any wildlife.  What is the level of effort to pursue i.e., trail building difficulty?  Building this trail would be of similar difficulty as the Lower Sonoran and Lower Ridgeline builds.  For Trailblazers, this would be the shortest hike to the trail work, approximately one-half mile.  What is the ability to use professional trail-building resources?  The trail is connected to the Promenade.  This is the most accessible of the trails to transport trail building equipment, though it is expected that this trail will be built in the traditional fashion of volunteer labor and hand tools only.  What is the availability of resources to build the trail?  The SCFH Trailblazers leader has confirmed that Trailblazer volunteer labor will be sufficient to construct this trail. Related Ordinance, Policy or Guiding Principle McDowell Mountain Preservation Master Trail Plan 2022 Risk Analysis None Recommendation(s) by Board(s) or Commission(s) The McDowell Mountain Preservation Commission (MMPC) supports the construction of the North Leg Trail. Staff Recommendation(s) Staff recommends the adoption of Resolution 2022-10 approving the North Leg Trail. SUGGESTED MOTION MOVE to Adopt Resolution 2022-10 approving the North Leg Trail. Attachments Resolution 2022-10 North Leg Trail  North Leg Trail Looking East  North Leg Trail Looking North  North Leg Trail Shadow Canyon Side  North Leg Trail Looking Southeast  Form Review Inbox Reviewed By Date Community Services Director Rachael Goodwin 04/07/2022 03:51 PM Finance Director David Pock 04/11/2022 06:34 AM Town Attorney Aaron D. Arnson 04/11/2022 09:12 AM Town Manager Grady E. Miller 04/11/2022 10:14 AM Form Started By: Patti Lopuszanski Started On: 03/03/2022 04:28 PM Final Approval Date: 04/11/2022  RESOLUTION NO. 2022-10 A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF FOUNTAIN HILLS, MARICOPA COUNTY, ARIZONA, APPROVING THE CONSTRUCTION OF THE NORTH LEG TRAIL ENACTMENTS: BE IT RESOLVED BY THE MAYOR AND TOWN COUNCIL OF FOUNTAIN HILLS as follows: SECTION 1. The North Leg Trail is hereby approved for construction in substantially the form attached hereto as Exhibit A and incorporated herein by reference. SECTION 2. The Mayor, the Town Manager, the Town Clerk, and the Town Attorney are hereby authorized and directed to take all steps and to execute all documents necessary to carry out the purpose and intent of this Resolution. PASSED AND ADOPTED by the Mayor and Council of the Fountain Hills, Maricopa County, Arizona, this 5th day of April 2022. FOR THE TOWN OF FOUNTAIN HILLS:ATTESTED TO: _____________________________________________________________________ Ginny Dickey, Mayor Elizabeth A. Klein, Town Clerk REVIEWED BY:APPROVED AS TO FORM: ____________________________________ __________________________________ Grady E. Miller, Town Manager Aaron D. Arnson, Town Attorney ITEM 8. D. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 04/19/2022 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda                  Submitting Department: Community Services Prepared by: Patti Lopuszanski, Executive Assistant Staff Contact Information: Rachael Goodwin, Community Services Director Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION AND POSSIBLE ACTION: Approving the PlaySpace Designs Contract 2021-048.1 Amendment for the addition of two ramadas at Four Peaks Park. Staff Summary (Background) Four Peaks Park's multi-year Captial Improvement Project is nearing completion. As part of the final stage, staff is recommending the installation of two 20’x20’ steel ramadas to be added as picnic areas around the redeveloped playground.  The ramadas are designed with a nine-foot clearance and edge-to-edge support structure to create the widest shade area possible. Existing picnic tables and trash receptacles will be added to the space to create shaded, rentable areas for community use.  The Town currently utilizes the Mohave Cooperative Purchasing Agreement for Play Space Designs.  Staff is requesting an increase of $65,000.00 to the existing Play Space Design contract to complete this purchase and installation of the ramadas. Funding for this purchase is available with the approved Capital Improvement Plan and remains within the project budget.  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 the approval of the PlaySpace Designs Contract 2021-048.1 Amendment for the purchase and  installation of two ramadas at Four Peaks Park.  SUGGESTED MOTION MOVE to approve the amendment to PlaySpace Designs Contract 2021-048.1 for the purchase and installation of two ramadas at Four Peaks Park. Fiscal Impact Fiscal Impact:65,000 Budget Reference: Funding Source:CIP If Multiple Funds utilized, list here: Budgeted: if No, attach Budget Adjustment Form:Yes Attachments PlaySpace Designs Amendment  Exhibit C  Estimate  Four Peaks Park Ramada  Form Review Inbox Reviewed By Date Community Services Director Rachael Goodwin 04/07/2022 03:51 PM Finance Director David Pock 04/11/2022 06:36 AM Town Attorney Aaron D. Arnson 04/11/2022 09:13 AM Town Manager Grady E. Miller 04/11/2022 10:05 AM Form Started By: Patti Lopuszanski Started On: 04/06/2022 02:03 PM Final Approval Date: 04/11/2022  Contract No. 2021-048.1 FIRST AMENDMENT TO COOPERATIVE PURCHASING AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND PLAYSPACE DESIGNS, INC. THIS FIRST AMENDMENT TO COOPERATIVE PURCHASING AGREEMENT (this “First Amendment”) is entered into as of May 3, 2022, between the Town of Fountain Hills, an Arizona municipal corporation (the “Town”) and PlaySpace Designs, Inc., a(n) Utah corporation (the “Contractor”) in a Joint Venture with JP and Sons, Inc. and Shasta Industries, Inc. RECITALS A. After a competitive procurement process, the Mohave Educational Services Cooperative, Inc., a non-profit political subdivision providing procurement services pursuant to A.R.S. 11-592 and A.R.S. 41-2632, entered into Contract No. 19O-PSDJ-0221, dated February 21, 2020, (the “Mohave Contract”), with the Contractor for Playground, Splash Pad, Outdoor Fitness, and Related Equipment. 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 May 18, 2021, based upon the Mohave Contract (the “Agreement”), for the purchase of bulk fuel (the “Materials and Services”). The terms of the Agreement are incorporated herein. C. The Town has determined that additional Materials and Services (the “Additional Materials and Services”) are necessary. D. The Town and the Contractor desire to enter into this First Amendment to increase the compensation authorized by the Agreement for the Additional Materials and Services (EXHIBIT C). 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 $1,257,839.22 which amounts to an increase of $57,839.22 from the original contract amount of $1,200,000. 2. EXHIBIT C attached herein shall be incorporated into the Agreement. 3. 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. 4. Non-Default. By executing this First 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 First 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 First Amendment are forever waived. 5. Israel. Contractor certifies that it is not currently engaged in, and agrees for the duration of this Agreement that it will not engage in a “boycott,” as that term is defined in Ariz. Rev. Stat. § 35-393, of Israel. 6. Conflict of Interest. This First Amendment and the Agreement may be cancelled by the Town pursuant to Ariz. Rev. Stat. § 38-511. [SIGNATURES ON FOLLOWING PAGES] EXHIBIT C TO COOPERATIVE SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND PLAYSPACE DESIGNS, INC. [Quote or Work Order] See following pages. jeff@goplayspace.com  (801) 274-0212  Jeff Anderson  Prepared By:   Expiration Date: 2022-04-29  4/4/2022  Created or Revised Date:   00002030  Quote Number:   QUOTE           5698 S Shady Farm Lane Murray, Utah 84107 801-274-0212       Please inventory product within 5 days of receipt and notify us of any problems. We are a supplier only. Customer is responsible for accuracy and conformity to plans and specifications. Freight has been quoted for single delivery. If customer requires multiple deliveries, additional costs will apply. Customer will be prepared to receive material upon delivery, which may include offloading equipment. If unable, customer is responsible for additional storage and/or re-consignment fees. NOTES Ship to Address:__________________________________ Accepted Date:__________________________________ Shipping Contact Name:____________________________ Accepted By:____________________________________ Price Includes:• Roof pitch is 4:12, designed for a standard 30 PSF live load & 90 MPH wind speed• Powder coated steel frame• 24 ga. multi-rib metal roofing• Zinc plated fasteners• Tubular steel frame utilizes *PERMIT BY OTHERS $57,839.22Grand Total $2,709.22Sales/Use Tax 9.20%Tax Percentage $55,130.00Total Cost  50% Deposit - Net 30Payment Terms Fountain Hills, ArizonaLocation Fountain Hills Shade Ramadas 20'x20'Project Name Qty Manufacturer Product Code Product Description Color Install Type Unit Price Extended Price 2 Scenic Shelters RHS 2020-RR Rectangular hip Shelter 20'x20' Custom Design, Recessed Roof TBD Surface Mount $14,724.00 $29,448.00 1 Other Cedar Forest Products Engineering CFP Engineering   $750.00 $750.00 1 Other PS Freight Cedar Forest Products PSF Freight Cedar Forest Products  Freight $8,180.00 $8,180.00 2 Other Competitive Edge Contracting Installation Installation  Install of 20x20 Shelter $4,553.00 $9,106.00 8 Other Competitive Edge Contracting Installation Installation   Drill/Pour Pier Footings up to 24"x60" $955.75 $7,646.00 MEMO jeff@goplayspace.com  (801) 274-0212  Jeff Anderson  Prepared By:   Expiration Date: 2022-04-29  4/4/2022  Created or Revised Date:   00002030  Quote Number:   QUOTE           5698 S Shady Farm Lane Murray, Utah 84107 801-274-0212       Please inventory product within 5 days of receipt and notify us of any problems. We are a supplier only. Customer is responsible for accuracy and conformity to plans and specifications. Freight has been quoted for single delivery. If customer requires multiple deliveries, additional costs will apply. Customer will be prepared to receive material upon delivery, which may include offloading equipment. If unable, customer is responsible for additional storage and/or re-consignment fees. NOTES City, State, Zip Code:______________________________ Shipping Contact Cell No.:___________________________ Kevin Snipes jeff@goplayspace.com  (801) 274-0212  Jeff Anderson  Prepared By:   Expiration Date: 2022-04-29  4/12/2022  Created or Revised Date:   00002030  Quote Number:   QUOTE           5698 S Shady Farm Lane Murray, Utah 84107 801-274-0212       Please inventory product within 5 days of receipt and notify us of any problems. We are a supplier only. Customer is responsible for accuracy and conformity to plans and specifications. Freight has been quoted for single delivery. If customer requires multiple deliveries, additional costs will apply. Customer will be prepared to receive material upon delivery, which may include offloading equipment. If unable, customer is responsible for additional storage and/or re-consignment fees. NOTES Ship to Address:__________________________________ Accepted Date:__________________________________ Shipping Contact Name:____________________________ Accepted By:____________________________________ Price Includes:• Roof pitch is 4:12, designed for a standard 30 PSF live load & 90 MPH wind speed• Powder coated steel frame• 24 ga. multi-rib metal roofing• Zinc plated fasteners• Tubular steel frame utilizes *PERMIT BY OTHERS $64,985.26Grand Total $3,311.26Sales/Use Tax 9.20%Tax Percentage $61,674.00Total Cost  50% Deposit - Net 30Payment Terms Fountain Hills, ArizonaLocation Fountain Hills Shade Ramadas 20'x20'Project Name Qty Manufacturer Product Code Product Description Color Install Type Unit Price Extended Price 2 Scenic Shelters RHS 2020-RR Rectangular hip Shelter 20'x20' Custom Design, Recessed Roof TBD Surface Mount $17,996.00 $35,992.00 1 Other Cedar Forest Products Engineering CFP Engineering   $750.00 $750.00 1 Other PS Freight Cedar Forest Products PSF Freight Cedar Forest Products  Freight $8,180.00 $8,180.00 2 Other Competitive Edge Contracting Installation Installation  Install of 20x20 Shelter $4,553.00 $9,106.00 8 Other Competitive Edge Contracting Installation Installation   Drill/Pour Pier Footings up to 24"x60" $955.75 $7,646.00 MEMO jeff@goplayspace.com  (801) 274-0212  Jeff Anderson  Prepared By:   Expiration Date: 2022-04-29  4/12/2022  Created or Revised Date:   00002030  Quote Number:   QUOTE           5698 S Shady Farm Lane Murray, Utah 84107 801-274-0212       Please inventory product within 5 days of receipt and notify us of any problems. We are a supplier only. Customer is responsible for accuracy and conformity to plans and specifications. Freight has been quoted for single delivery. If customer requires multiple deliveries, additional costs will apply. Customer will be prepared to receive material upon delivery, which may include offloading equipment. If unable, customer is responsible for additional storage and/or re-consignment fees. NOTES City, State, Zip Code:______________________________ Shipping Contact Cell No.:___________________________ Kevin Snipes ITEM 8. E. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 04/19/2022 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: regarding an amended site plan for Park Place Phase II (16845 E. Avenue of the Fountains) and Phase III (13000 block of N. Verde River, west side). Staff Summary (Background) Background The Town Council gave consideration to a site plan for Phases II and III of Park Place at their March 1, 2022, meeting.  The Council was not satisfied that the site plan presented meet the recommendation of the Planning and Zoning Commission and that it did not fully meet the requirements of the Development Agreement.  Therefore, the Council voted to deny that site plan. Since that meeting the applicant has revised the site plan to address the concerns and meet the requirements of the Development agreement.  This has been placed back on the Council agenda for consideration of this revised site plan. Site Plan Review Phase II Site Plan: The site plan for Phase II contains two buildings, E & F.  Building E is immediately east of the existing Park Place building along the Avenue of the Fountains.  Building F is at the corner of Avenue of the Fountains and Saguaro.  The project is designed with an underground parking structure.  The next level up for Building E will be an 8,000 sq. ft. non-residential space as required in the TCCD facing Avenue of the Fountains.  There will still be ground floor residential on the south side of the building.  Both buildings have three floors of residential apartments, all internally loaded from a central hallway.  There is a community space that connects the two buildings above the breezeway between the two buildings.  The site plan provided with the application is consistent with the concept provided with the Land Use Plan.  The current site plan has been modified, however, to move the parking underground. Site plan components:  Parking.  As part of the 2016 review and approval, a shared use parking study was completed.  That study was used to allow a 20% parking reduction and also to allow adjacent on-street spaces to be counted toward the required parking.  Based on those requirements, Buildings E and F should provide a total of 162 parking spaces (136 for residential uses and 26 for the commercial space; based on non-restaurant parking requirements).  161 on-site spaces and 28 off-site spaces have been provided.  There are three parking areas shown on the site plan: on-street along the Avenue of the Fountains, a small surface lot south of Building E, and an underground parking area.  Access to the underground parking is through the driveway that connect to Verde River Drive. Elevations.  The elevations are primarily stucco with some accent areas of cultured stone veneer and honed masonry.  There is significant play in the facades and building heights to create interest in the building.  The primary colors for the buildings will be four shades of white and gray.  Accent colors for some stucco, railings and stairs will be black and an orange. (Note the attached documents include black and white elevations of the most recent design.  Color elevations are provided from the previous design to show the intended material and color pattern for the buildings.) The ground floor uses in Building E will all be non-residential.  Beginning at the western end of Building E, the finish floor elevation of the ground floor commercial floor will be approximately 3.5' below grade; on the eastern end it will be approximately 3.5' above grade.  Continuing east, the building front will be very similar to the buildings to the west with full visibility and access to the commercial space.  This design is consistent with the General Plan or Downtown Area specific Plan which envisions an active ground-floor uses and transparency.    Phase III Site Plan: The site plan for Phase III contains one building.  The building has three floors of apartments; the apartments on the third floor units include an upper loft level making them two-story in height. The proposed building contains 102 apartments, this is the same number shown on the Land Use Master Plan.  The building is placed over 60' back from the Verde River right-of-way.  This site plan includes an Art Walk that will connect Paul Nordin Parkway to the Community Center Campus.  These units will provide much needed housing for the downtown area. Site plan components:  Parking. The zoning ordinance would require 218 parking spaces for this number of units.  The allowed 20% reduction places a requirement of 174 spaces; 141 "on-site" spaces are provided.  In addition, there are 50 spaces in the adjacent parking area next to the Art Walk to meet the requirements of the DA for the New Town Parking Lots. The DA requires 130 spaces in the New Town Parking Lots.  Due to various requirements outside the control of the developer, the New Town Parking lot west of Building C ended up with just 53 spaces, leaving a requirement for 77 spaces; only 50 are provided leaving the site 27 spaces short of what is required by the DA. There is one covered space per unit "on-site" plus an additional 39 uncovered spaces.  There is a good possibility residents and/or visitors to this property will need to utilize the spaces in the Town parking lot along the Art Walk. Elevations.  The building exterior is primarily stucco with a white and three shades of gray.  Some areas of accent cultured stone veneer are also provided.  Accent color for balconies, railing and awnings is a shade of red and a shade of orange.  Elevations consistent with the revised floor plans have been provided. Art Walk.  A requirement of this development is the provision of an "Art Walk" on the Town owned property from the corner of Verde River and Paul Nordin Parkway to the Community Center.  A conceptual plan is shown that has a center seating area with some shade and the walkway through the area.  A more detailed plan will be required as part of the permitting process. Miscellaneous Fountain Hills Sanitary District Monitoring well.  There is an existing monitoring well in the right-of-way along the curve at the street intersection next to where the access is proposed to the Town parking lot.  Continuous power will be needed to this well and final plans will need to ensure any underground storm water storage will not impact the monitoring wells. Paul Nordin Parkway right-of-way.  The right-of-way for the extension of Paul Nordin Parkway still exists through this site. The south half of the parking spaces just south of the building and the nest two rows of parking are in this right-of-way.  Because this area is proposed for private use, including covered parking, the right-of-way should be abandoned.  When this happens the north have would become part of the lot to the north and the south have to the Town property to the south.  The developer has applied for this abandonment.  This abandonment will need to occur prior to issuance of a certificate of occupancy on the property. Parking Easement and Maintenance.  The proposed site plan includes development on public property.  The DA requires an easement and maintenance agreement for this private use of the public property.  The documents will need to be prepared and filed prior to issuance of a certificate of occupancy on the property. At the beginning of the site plan review process, the applicant brought forward an initial site plan that they believed was responsive to current market conditions by not having the ground floor non-residential uses in Building E.  Because this was not compliant with the DA the Council rejected that site plan.  The applicant has now provided a plan that is compliant with the DA, but it will be a challenge in meeting the time frame for review and issuance of the building permits.  Related Ordinance, Policy or Guiding Principle Zoning Ordinance Section 2.04 Site Plans Zoning Ordinance Chapter 18, Town Center Commercial Zoning District 2010 General Plan 2020 General Plan Town Center Specific Plan Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) The Planning and Zoning Commission reviewed and discussed this site plan at their February 14, 2022, regular meeting.  Staff and the applicant made presentations and provided the Commission with information regarding the proposed development.  Two citizens spoke regarding the proposed development. During their discussion Commission members expressed some concern for the lack of detail provided, the nature of the commercial space that is being added to Building E, and the reduction in the area for the Art Walk.  There was also a desire to see continuity between the existing and new buildings, Mr. Shea stated his intention to repaint the existing buildings with the colors proposed for the new buildings to achieve this goal. Based on the understanding the proposed development met the technical requirements of the DA, a motion was made to recommend approval of the site plan subject to the following stipulations:  Return the design of the Art Walk to the size shown on the Land Use Plan approved in 2016.1. Amend the Development Agreement to not require the 130 New Town Parking Lot spaces or find alternatives for the required spaces 2. Explore options to bring the commercial use out to the sidewalk to make it visible from the street and consider adding commercial use to Building F. 3. Prior to issuance of building permit:  Address all the items listed in the staff report in revised final site plan for Development Services Director approval. a. Complete the abandonment of the Paul Nordin Parkway right-of-way.b. Complete and final any easements and maintenance agreements as required by the Development Agreement.  c. 4. Staff Recommendation(s) Staff recommends approval of the amended site plan for Park Place Phases II and III, subject to one of the following sets of conditions listed in the suggested motions below. SUGGESTED MOTION MOVE to approve the amended site plan for Park Place Phases II and III subject to: a. providing a complete site plan package as required by Section 2.04 of the Zoning Ordinance; b. meeting all requirements Town policies, codes, and ordinances; and c. allowing up to 16 weeks from Council approval to obtain a building permit and an additional 4 weeks to commence construction.                   OR MOVE to approve the amended site plan for Park Place Phases II and III subject to: a. providing a complete site plan package as required by Section 2.04 of the Zoning Ordinance; and b. meeting all requirements Town policies, codes, and ordinances Attachments Vicinity Map  Site Plan Buildings E & F  Buildings E & F Landscaping  Site Plan Building B  Building B Landscaping  Building B Color Elevations  Development Agreement  Form Review Inbox Reviewed By Date Development Services Director (Originator)John Wesley 04/06/2022 04:39 PM Development Services Director (Originator)Elizabeth A. Klein 04/13/2022 10:30 AM Town Attorney Aaron D. Arnson 04/13/2022 10:48 AM Town Manager Elizabeth A. Klein 04/13/2022 01:56 PM Form Started By: John Wesley Started On: 04/05/2022 02:39 PM Final Approval Date: 04/13/2022  Vicinity CASE: SIT21-000006 SITE / ADDRESS: 16865 E Avenue of the Fountains APN 176-25-642 and 176-27-612 REQUEST: Park Place Phase II and III (Site Plan) 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 SA G U A R O B L V D Site Location Vicinity MapMap ::CaseCase DetailsDetails AVEN U E O F T H E F O U N T A I N S PARK V I E W A V E SIT21-000006SIT21-000006 VE R D E R I V E R D R PAUL N O R D I N P K W Y EL LA G O B L V D LA M O N T A N A D R VA N VA N RAMP DN. AVENUE OF THE FOUNTAINS SA G U A R O B L V D . Pool Ramada Spa 111 E. Dunlap Ave., Suite 1-278 Phoenix, Arizona 85020 21051 Landscape Architects since 1983 Campbell Collaborative NORTH LANDSCAPE PLAN SCALE 1"=20'-0" 0 20 40 80 L1.0 Koba 1 Apartments Fountain Hills, Arizona Avenue of the Fountains and Saguaro Blvd. LANDSCAPE PLAN A H B H D E A ABH ? A CA E A C HBHHABH E A D E C C CH C H E CD A E B CB A E D A.STUCCO FINISH DUNN EDWARDS IGLOO DEW379 B.STUCCO FINISH DUNN EDWARDS SILVER LINED DE6353 C.STUCCO FINISH DUNN EDWARDS WALRUS DE6368 D.STUCCO FINISH DUNN EDWARDS BLACK BEAN DE6385 E.CULTURED STONE VENEER 8X8 CULTURED STONE CAST-FIT CARBON G.METAL (S) AWNINGS: SHERWIN WILLIAMS SW42152 H.STUCCO FINISH & BALCONY RAILING DUNN EDWARDS CAMPFIRE DE5146 LANDMARK 8777 E. VIA DE VENTURA, STE. 250, SCOTTSDALE, AZ 85258 d e s i g n DATE:REVISIONS: DATE:SHEET:JOB NO. 12/21/21 TOWN OF FOUNTAIN HILLS REVIEW COMMENTS JUNE 16 202121-201 F O U N T A I N H I L L S , A R I Z O N A PR I N T E D 2 1 3 4 5 Koba I - Apartments CE1 SCALE:3/32" = 1'-0"1 SOUTH SCALE: 3/32" = 1'-0" 2 EAST (WEST MIRRORED) COLOR LEGEND E B ? B H C ABHHBAH D E B A B E B B A.STUCCO FINISH DUNN EDWARDS IGLOO DEW379 B.STUCCO FINISH DUNN EDWARDS SILVER LINED DE6353 C.STUCCO FINISH DUNN EDWARDS WALRUS DE6368 D.STUCCO FINISH DUNN EDWARDS BLACK BEAN DE6385 E.CULTURED STONE VENEER 8X8 CULTURED STONE CAST-FIT CARBON G.METAL (S) AWNINGS: SHERWIN WILLIAMS SW42152 H.STUCCO FINISH & BALCONY RAILING DUNN EDWARDS CAMPFIRE DE5146 LANDMARK 8777 E. VIA DE VENTURA, STE. 250, SCOTTSDALE, AZ 85258 d e s i g n DATE:REVISIONS: DATE:SHEET:JOB NO. 12/21/21 TOWN OF FOUNTAIN HILLS REVIEW COMMENTS JUNE 16 202121-201 F O U N T A I N H I L L S , A R I Z O N A PR I N T E D 2 1 3 4 5 Koba I - Apartments CE2 SCALE:3/32" = 1'-0"2 NORTH COLOR LEGEND ITEM 8. F. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 04/19/2022 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: Resolution 2022-16, Second Amendment to the Development Agreement between the Town and Palisades Resorts, LLC regarding an extension of time for further development of Copperwynd (aka Adero Scottsdale) Staff Summary (background) Applicant: Sarah Nolan, Palisades Resorts, LLC Owner: Palisades Resorts, LLC Property Location: 13225 N. Eagle Ridge Dr. In March 2017 the Town reviewed and approved a rezoning and a Development Agreement (Resolution 2017-07, approved March 16, 2017) to allow for the expansion of the Copperwynd Resort on Eagle Ridge Drive.  The development agreement was amended in September 2017 (Resolution 2017-27, approved September 5, 2017) to clarify a few points.  Together, the Planned Area Development (PAD) zoning and the development agreement allow:  Up to 19 rooms per acre to a maximum of 300 rooms Building height up to 50' Reduced building setbacks of 20' Outdoor entertainment, subject to meeting the Town's noise ordinance Shared parking Maintaining a minimum 15% open space A phasing plan that to allow portions of the development to occur over time -  Phase 1 - 140 rooms and approximately 7,890 square feet of convention space to be completed by March 2020 Phase 2 - 110 rooms to be completed by March 2023 Phase 3 - 50 rooms and approximately 3,870 square feet of convention space to be completed by March 2027 Section 1 of the development agreement sets the effective date as the date of approval of the PAD and development agreement and a term of 10 years.  It also provides for a 10-year extension, in the Town's sole discretion. Phase 1 of the resort opened just as the COVID-19 pandemic was getting started.  This has slowed the start-up of the first phase and building the occupancy that would warrant moving forward with Phase 2.  By the schedule, the Phase 2 site plan should already be submitted for review and approval.  Given the state of the hotel and resort industry from the pandemic, the owner is asking for a modification to the development agreement to allow an extension of the time frames for each phase and for terms of the agreement. The owner is asking that five years be added to the term and to each of the subsequent phases of the development.  With this change, Phase 2 would need to be completed by March 2028 and Phase 3 by March 2032. The Town approved the PAD and development agreement in anticipation of the additional recognition and economic benefit it would bring to the Town.  As the expansion of the resort was underway, the owner entered into an agreement with Marriott Corporation to be part of its hotel chain.  Through that process the name of the hotel was changed from Copperwynd to Adero Scottsdale which resulted in a Scottsdale mailing address.  Much of the online advertising for the facility has emphasized Scottsdale.  While reviewing this request to extend the development agreement, staff has asked the applicant over the last few months to increase the recognition that the hotel is in and part of Fountain Hills.  Some changes have been made and are shown on the attached document. 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 supports approving an extension of the Development Agreement for Copperwynd when Council is satisfied with the efforts to recognize and promote the Town. SUGGESTED MOTION MOVE to adopt Resolution 2022-16. Attachments Resolution 2022-16  Development Agreement Amendment  Examples of Changes  Form Review Inbox Reviewed By Date Town Clerk Elizabeth A. Klein 04/05/2022 10:43 AM Development Services Director (Originator)John Wesley 04/05/2022 01:18 PM Town Attorney Aaron D. Arnson 04/06/2022 04:13 PM Town Manager Grady E. Miller 04/06/2022 07:09 PM Form Started By: John Wesley Started On: 03/30/2022 03:20 PM Final Approval Date: 04/06/2022  RESOLUTION 2022-16 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, APPROVING A THE SECOND AMENDMENT TO DEVELOPMENT AGREEMENT BETWEEN THE TOWN AND PALISADES RESORTS, LLC ENACTMENTS: BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. The Second Amendment to Development Agreement between the Town of Fountain Hills and Palisades Resorts, LLC is hereby approved in substantially the form and substance attached hereto as Exhibit A and incorporated herein reference. SECTION 2. The Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to execute all documents take all steps necessary to carry out the purpose and intent of this Resolution. PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, this 19th day of April, 2022. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: ___________________________________ __________________________________ Ginny Dickey, Mayor Elizabeth A. Klein, Town Clerk REVIEWED BY: APPROVED AS TO FORM: ___________________________________ ___________________________________ Grady E. Miller, Town Manager Aaron D. Arnson, Town Attorney WHEN RECORDED RETURN TO: Town of Fountain Hills ATTENTION: TOWN CLERK 16705 East Avenue of the Fountains Fountain Hills, AZ 85268 ================================================================= = SECOND AMENDMENT TO DEVELOPMENT AGREEMENT FOR COPPERWYND RESORT EXPANSION ================================================================= = TOWN OF FOUNTAIN HILLS, ARIZONA, An Arizona municipal corporation AND PALISADES RESORTS, LLC A Delaware limited liability company Copperwynd Resort Expansion Second Amendment to Development Agreement 3037762.8 SECOND AMENDMENT TO DEVELOPMENT AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND PALISADES RESORTS, LLC (ADERO RESORT EXPANSION) This Second Amendment to Development Agreement (the “Second Amendment”) is entered into as of April 19, 2022, by PALISADES RESORTS, LLC, a Delaware limited liability company (“Palisades”), and the TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation (“Town”), which are referred to collectively herein as the “Parties” or individually as a “Party.” RECITALS A. The Parties entered into that certain Development Agreement dated March 16, 2017, Maricopa County Recorder’s No. 2017-0203700, in connection with the further development and expansion of the “Existing Resort” located at 13225 N. Eagle Ridge Drive, Fountain Hills, Arizona, as amended by that certain First Amendment to Development Agreement Between the Town of Fountain Hills and Palisades Resorts, LLC (Copperwynd Expansion) dated September 5, 2017 and recorded in the Maricopa County Recorder’s Office at Recording No. 2017-0668801 (collectively the “Development Agreement”). B. Terms used but not defined herein shall have the meaning set forth in the Development Agreement. C. As a result of global events outside of the Parties’ control that prevented and prohibited Palisades from performing its obligations under the Development Agreement, Palisades desires to extend the term of the Development Agreement and all ancillary deadlines for a period of sixty (60) months in order to fulfill its obligations in a timely manner. D. The Town is willing to agree to the extended term and ancillary deadlines as provided herein. E. Pursuant to A.R.S. § 9-500.05(C), the Parties now desire to amend the Development Agreement according to the terms and conditions set forth herein. AGREEMENT NOW THEREFORE, in consideration of the foregoing introduction and recitals, the promises contained in this Second Amendment, and for other good and valuable consideration, the receipt and sufficiency of which the Parties hereby acknowledge, the Parties hereto agree as follows: 1. Modified Term. Section 1 of the Development Agreement is hereby deleted in its entirety and is replaced as follows: 1. Effective Date, Term. This Agreement shall be effective only upon the execution by both Parties and upon approval of the PAD Rezoning by the Town Council of the Town of Fountain Hills (the “Town Council”). Notwithstanding the date upon which this Agreement is executed and the date the Town Council approves the PAD Rezoning, for the purposes of calculating the Term (as defined below) of this Agreement, the Effective Date set forth above shall be deemed the first day of this Agreement. Palisades, its successors and assigns, shall have the right to implement development on the Property in accordance with this Agreement for a period of 15 years from the Effective Date. However, unless terminated by the Town pursuant to Section 9 hereof prior to the expiration of such initial 15-year period, this Agreement may be extended for an additional period of 10 years in the Town Council’s sole direction, at the end of which time (which shall, in the aggregate, be 25 years), this Agreement shall automatically terminate as to the Property without the necessity of any notice, agreement or recording by or between the Parties (the “Term”); provided, however, that provisions of this Agreement that specifically survive the termination of this Agreement shall remain in full force and effect, subject only to the termination provisions herein specifically related thereto; provided further, however, that if Palisades fails to materially fulfill any portion of its obligations as set forth in Section 8 below by the deadline for performance associated with each such obligation, this Agreement shall immediately terminate upon expiration of the applicable cure period without further act by the Town Council. 2. Schedule of Performance. The Parties hereby agree that Palisades shall have an additional sixty (60) months to fully perform its obligations for Phase 2 of the Project. Accordingly, Exhibit E of the Development Agreement is hereby deleted in its entirety and is replaced with Exhibit E attached hereto and made a part hereof. 3. Consistency; Modification. Except as modified by this Second Amendment, all of the terms and conditions of the Development Agreement shall remain in full force and effect. This Second Amendment and the Development Agreement shall not be further modified in any manner other than by a written amendment executed by the Town and Palisades or its successors or assigns. If any clause, sentence or other portion of this Second Amendment shall become illegal, null or void for any reason, or shall be held by any court of competent jurisdiction to be so, the remaining portions thereof shall remain in full force and effect. 4. Non-Default. By executing this Second Amendment, Palisades affirmatively asserts that (i) the Town is not currently in default, nor has been in default at any time prior to this Second Amendment, under any of the terms or conditions of the Development Agreement and (ii) any and all claims, known and unknown, relating to the Development Agreement and existing on or before the date of this Second Amendment are forever waived. 5. Successors and Assigns. This Second Amendment shall be binding upon and inure to the benefit of the successors and assigns of the respective parties. 6. Conflict of Interest. This Second Amendment is subject to the provisions of ARIZ. REV. STAT. § 38-511. The Town may cancel this Second Amendment without penalty or further obligations by the Town or any of its departments or agencies if any person significantly Copperwynd Resort Expansion Second Amendment to Development Agreement 3037762.8 involved in initiating, negotiating, securing, drafting or creating this agreement on behalf of the Town or any of its departments or agencies is, at any time while the agreement or any extension of the agreement is in effect, an employee of any other party to the agreement in any capacity or a consultant to any other party of the agreement with respect to the subject matter of the agreement. 7. Recording of Agreement. This Second Amendment shall be recorded in the Official Records of the Maricopa County Recorder’s Office within 10 days after full execution. 8. Promotion. Palisades shall use reasonable efforts, in its discretion, to market, advertise and promote the Town and its local area attractions in promotional materials and communications, including but not limited to, brochures, letters and electronic media such as electronic mail or web pages. The Town hereby grants to Palisades during the terms of the Development Agreement, a non-exclusive, worldwide, royalty-free license to display, adapt, reproduce and distribute to end users, in any medium or distribution whatsoever, the name, likeness and any associated marketing and demonstration materials. [SIGNATURES ON FOLLOWING PAGES] IN WITNESS WHEREOF, the Parties have executed this Second Amendment as of the date first written above. TOWN: TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation Ginny Dickey, Mayor ATTEST: Elizabeth A. Klein, Town Clerk ACKNOWLEDGEMENT STATE OF ARIZONA ) ) ss. County of Maricopa ) On ________________________, 2022, before me personally appeared Ginny Dickey, the Mayor of the TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation, whose identity was proven to me on the basis of satisfactory evidence to be the person who she claims to be, and acknowledged that she signed the above document on behalf of the Town of Fountain Hills. Notary Public (Affix notary seal here) [SIGNATURES CONTINUE ON FOLLOWING PAGE] Copperwynd Resort Expansion Second Amendment to Development Agreement 3037762.8 PALISADES RESORTS, LLC, a Delaware limited liability company By: Crown Rock Ventures LLC, an Arizona limited liability company By: William D. Hinz II, Manager ACKNOWLEDGEMENT STATE OF ARIZONA ) ) ss. County of Maricopa ) On ________________________, 2022, before me personally appeared William D. Hinz II, the Manager of Crown Rock Ventures, LLC, an Arizona limited liability company, as Manager of PALISADES RESORTS, LLC, a Delaware limited liability company, whose identity was proven to me on the basis of satisfactory evidence to be the person who he claims to be, and acknowledged that he signed the above document on behalf of Palisades Resorts, LLC. Notary Public (Affix notary seal here) EXHIBIT E SCHEDULE OF PERFORMANCE Deadline to Perform Task From Effective Date of Agreement Task/Obligation Phase 1 – 140 Room Expansion 12 Months Developer to have submitted Site Plan and Construction Documents for Phase 1 improvements, including Public Infrastructure Improvements. 18 Months Developer to have begun construction of Phase 1 improvements. 36 Months Developer to have completed construction of Phase 1 improvements. Developer to have completed Public Infrastructure Improvements for Phase 1. Phase 2 – 110 Room Expansion 120 Months Developer to have submitted Site Plan and Construction Documents for Phase 2 improvements, including Public Infrastructure Improvements. 132 Months Developer to have completed construction of Phase 2 improvements. Developer to have completed Public Infrastructure Improvements for Phase 2. Phase 3 – 50 Room Expansion 12 Months prior to the expiration of the term of this Agreement Developer to have submitted Site Plan and Construction Documents for Phase 3 improvements, including Public Infrastructure Improvements. On or prior to the expiration of the term of this Agreement Developer to have completed construction of Phase 3 improvements. Developer to have completed Public Infrastructure Improvements for Phase 3. ITEM 8. G. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 04/19/2022 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda                  Submitting Department: Public Works Prepared by: Justin Weldy, Public Works Director Staff Contact Information: Justin Weldy, Public Works Director Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION AND POSSIBLE ACTION: of approving the Second Amendment to Cooperative Purchase Agreement C2022-027 between the Town and Franklin Striping, INC for pavement marking.       Staff Summary (Background) The formation of the Pedestrian and Traffic Safety Committee in early 2019 provided an opportunity for staff to receive input, guidance, and direction from Councilmembers, the Town Manager, and the Town Engineer on implementing additional safety features for streets and sidewalks, including enhanced pavement markings. Direction from the committee has produced positive results that include the addition of continental crosswalk striping (wide piano key striping at all marked crosswalks), reflective thermoplastic for longitudinal markings, rumble strips at key locations, and raised pavement markers on all arterial and collector streets.   Additional measures have included more frequently refreshed striping of existing lane lines on arterials and collector streets throughout the Town. As a result of these new and enhanced safety measures, staff is requesting an increase in the contract for pavement makings, reflectors, rumble strips, and other similar safety features from $50,000.00 annually to $100,000.00 annually. Related Ordinance, Policy or Guiding Principle The Public Works Department is dedicated to enhancing the quality of life in Fountain Hills by ensuring the construction of quality infrastructure and maintenance of roadways, sidewalks and traffic control devices. Risk Analysis Highly reflective pavement markings play an important role in providing guidance and information to the public when driving on Town streets. Failure to increase the contract amount could delay the maintenance and implementation of pavement markings for streets and crosswalks.  Recommendation(s) by Board(s) or Commission(s) This request is consistent with recommendations previously made by the Council Subcommittee on Pedestrian and Traffic Safety relating to pavement markings and other enhancements. Staff Recommendation(s) Staff recommends approval of the Second Amendment to contract C2022-027 between the Town and Franklin Striping, INC. SUGGESTED MOTION MOVE to approve the Second Amendment to contract C2022-027 with Franklin Striping, INC, in the amount of $100,000.00, annually. Fiscal Impact Fiscal Impact:$100,000 Budget Reference:208 Funding Source:Streets Fund If Multiple Funds utilized, list here:N/A Budgeted: if No, attach Budget Adjustment Form:N/A Attachments Cooperative Purchasing Agreement  Underlying Agreement  Form Review Inbox Reviewed By Date Public Works Director (Originator)Justin Weldy 04/05/2022 02:51 PM Finance Director David Pock 04/05/2022 06:52 PM Town Attorney Aaron D. Arnson 04/06/2022 04:16 PM Town Manager Grady E. Miller 04/07/2022 11:17 AM Form Started By: Justin Weldy Started On: 04/04/2022 05:28 PM Final Approval Date: 04/07/2022  1 Contract No. 2022-027.2 SECOND AMENDMENT TO COOPERATIVE PURCHASING AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND FRANKLIN STRIPING, 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 Franklin Striping, Inc., a(n) Arizona corporation (the “Contractor”). RECITALS A. The Town and the Contractor entered into a Cooperative Purchasing Agreement, dated September 10, 2021, based upon the Maricopa County Contract (the “Agreement”), for the installation of paint stripes and markings (the “Materials and Services”). The terms of the Agreement are incorporated herein. B. The Town and the Contractor entered into that First Amendment, dated October 5, 2021, to correctly reflect the term start date. C. The Town has determined that additional Materials and Services (the “Additional Materials and Services”) are necessary. D. The Town and the Contractor desire to enter into this Second Amendment to i) extend the term of the Agreement and ii)increase the compensation 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 amount not to exceed $100,000 per year for an aggregate amount not to exceed $450,000. 2. Term of Agreement. This Agreement shall be effective as of September 10, 2021 and shall remain in full force and effect until January 31, 2023 unless terminated as otherwise provided in this Agreement or the County Contract. After the expiration of the Initial Term, this Agreement may be renewed for up to four successive one-year terms (the “Renewal Term”) if: (i) it is deemed in the best interests of the Town, subject to availability and appropriation of funds for renewal in each 2 subsequent year, (ii) the term of the County Contract has not expired or has been extended, (iii) at least 30 days prior to the end of the then-current term of this Agreement, the Contractor requests, in writing, to extend this Agreement for an additional one-year term and (iv) the Town approves the additional one-year term in writing (including any price adjustments approved as part of the County Contract), as evidenced by the Town Manager’s signature thereon, which approval may be withheld by the Town for any reason. The Contractor’s failure to seek a renewal of this Agreement shall cause this Agreement to terminate at the end of the then-current term of this Agreement; provided, however, that the Town may, at its discretion and with the agreement of the Contractor, elect to waive this requirement and renew this Agreement. The Initial Term and any Renewal Term(s) are collectively referred to herein as the “Term.” Upon renewal, the terms and conditions of this Agreement shall remain in full force and effect. 3. 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. 4. 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. 5. Israel. Contractor certifies that it is not currently engaged in, and agrees for the duration of this Agreement that it will not engage in a “boycott,” as that term is defined in Ariz. Rev. Stat. § 35-393, of Israel. 6. 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] SERIAL 210109-S INSTALLATION OF PAINT STRIPES AND MARKINGS DATE OF LAST REVISION: January 20, 2022 CONTRACT END DATE: January 31, 2023 CONTRACT PERIOD THROUGH JANUARY 31, 2022 2023 TO: All Departments FROM: Office of Procurement Services SUBJECT: Contract for INSTALLATION OF PAINT STRIPES AND MARKINGS 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 14, 2021 (Eff. 02/01/21) 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 John Hatler, MCDOT Suzi Williams-MCDOT (Please remove Serial 14097-S from your contract notebooks) SERIAL 210109-S FRANKLIN STRIPING INC, 2832 S. 45TH ST., PHOENIX AZ 85040 COMPANY NAME:Franklin Striping Inc. DOING BUSINESS AS (dba): MAILING ADDRESS:2832 S. 45th St. Phoenix, AZ 85040 REMIT TO ADDRESS:2832 S. 45th St. Phoenix, AZ TELEPHONE NUMBER:480-898-1180 FAX NUMBER:N/A WWW ADDRESS:franklinstriping.com REPRESENTATIVE NAME:Randy Franklin REPRESENTATIVE TELEPHONE NUMBER:602-695-9748 REPRESENTATIVE EMAIL ADDRESS randy@franklinstriping.com YES NO REBATE WILL ALLOW OTHER GOVERNMENTAL ENTITIES TO PURCHASE FROM THIS CONTRACT: WILL ACCEPT PROCUREMENT CARD FOR PAYMENT: 2% 10 DAYS NET 30 DAYS 1st Call New Striping, Water Borne Paint (ADOT APL Formula 1 HB, Layout Required) Title Unit Price Qty UofM Roadway Striping w/beads (Long Line) - WHITE $0.14 1 linear foot Roadway Striping w/beads (Long Line) - YELLOW $0.14 1 linear foot Intersection Striping - Cross walk/Stop Bar (12 inches) (White or Yellow)$0.50 1 linear foot Intersection Striping - Islands (8 inches)$0.25 1 linear foot Intersection Striping - Arrows (LT. RT. & ST.)$25.00 1 each Railroad Pavement Marking - Stop Bar (24 inches)$0.90 1 linear foot Railroad Pavement Marking - (X)ing Pavement Marking (16 inches)$0.80 1 linear foot Railroad Pavement Marking - (R.R.) Pavement Marking $25.00 1 each Bike Lane Symbol $25.00 1 each Yield Symbol 18" (Sharks Teeth)$10.00 1 each Pavement Wording - All letters and/or Numbers $12.50 1 each Re-Striping, Water Borne Paint (ADOT APL Formula 1 HB, No Layout Required) Title Unit Price Qty UofM Roadway Striping w/beads (Long Line) - WHITE $0.13 1 linear foot Roadway Striping w/beads (Long Line) - YELLOW $0.13 1 linear foot Intersection Striping - Cross walk/Stop Bar (12 inches) (White or Yellow)$0.50 1 linear foot Intersection Striping - Islands (8 inches)$0.25 1 linear foot Intersection Striping - Arrows (LT. RT. & ST.)$25.00 1 each Railroad Pavement Marking - Stop Bar (24 inches)$0.80 1 linear foot SERIAL 210109-S FRANKLIN STRIPING INC Railroad Pavement Marking - (X)ing Pavement Marking $0.70 1 linear foot Railroad Pavement Marking - (R.R.) Pavement Marking $25.00 1 each Bike Lane Symbol $25.00 1 each Yield Symbol 18" (Sharks Teeth)$10.00 1 each Pavement Wording - All letters and/or Numbers $12.50 1 each New Striping, AZDOT New Spec Thermoplastic (Layout Required) Title Unit Price Qty UofM Roadway Striping (Long Line) - 60 mils thick $0.32 1 linear foot Roadway Striping (Long Line) - 90 mils thick $0.42 1 linear foot Roadway Striping (Long Line) - 120 mils thick $0.60 1 linear foot Intersection Striping (at 120 mils thick) - Cross walk & Stop Bar (12")$2.00 1 linear foot Intersection Striping (at 120 mils thick) - Islands (8")$1.15 1 linear foot Intersection Striping (at 120 mils thick) - Arrows (LT. RT. & ST.)$115.00 1 each Railroad Pavement Marking (120 mils thick) - Stop Bar (24")$3.50 1 linear foot Railroad Pavement Marking (120 mils thick) - "X" ing Pavement Marking $2.00 1 linear foot Railroad Pavement Marking (120 mils thick) -"R.R." Pavement Marking $100.00 1 each Bike Lane Symbol $175.00 1 each Yield Symbol 18" (Sharks Teeth)$20.00 1 each Pavement Wording (120 mils) - All letters and/or Numbers $65.00 1 each Re-Striping, AZDOT Spec Thermoplastic (No Layout Required) Title Unit Price Qty UofM Roadway Striping (Long Line) - 60 mils thick $0.32 1 linear foot Roadway Striping (Long Line) - 90 mils thick $0.42 1 linear foot Roadway Striping (Long Line) - 120 mils thick $0.60 1 linear foot Intersection Striping (at 120 mils thick) - Cross walk & Stop Bar (12")$2.00 1 linear foot Intersection Striping (at 120 mils thick) - Islands (8")$1.15 1 linear foot Intersection Striping (at 120 mils thick) - Arrows (LT. RT. & ST.)$115.00 1 each Railroad Pavement Marking (120 mils thick) - Stop Bar (24")$3.50 1 linear foot Railroad Pavement Marking (120 mils thick) - "X" ing Pavement Marking $2.00 1 linear foot Railroad Pavement Marking (120 mils thick) -"R.R." Pavement Marking $100.00 1 each Bike Lane Symbol $175.00 1 each Yield Symbol 18" (Sharks Teeth)$20.00 1 each Pavement Wording (120 mils) - All Letters and/or Numbers $65.00 1 each Installation of Raised Reflective Pavement Markers Title Unit Price Qty UofM 3M 290 - 2-way 1-color "Full size" Type H $2.75 1 each 3M 290 - 2-way 1-color "Full size" Type D $2.75 1 each 3M 290 - 1-way only "Full size" Type G $2.75 1 each 3M 290 - 2-way 1-color "Full size" Type BB $5.00 1 each SERIAL 210109-S FRANKLIN STRIPING INC 3M 290- 2-way 2-color "Full size"$2.75 1 each Guardrail/Barrier Delineator (Reflectorized) - YELLOW $2.75 1 each Guardrail/Barrier Delineator (Reflectorized) - WHITE $2.75 1 each Ceramic Button (3/4" x 4") (Non-Reflectorized) -YELLOW $2.75 1 each Ceramic Button (3/4" x 4") (Non-Reflectorized) - WHITE $2.75 1 each Ceramic Button (3/4" x 4") (Non-Reflectorized) - BLACK $2.75 1 each Raised Pavement Marker Recessing $10.00 1 each Removal of Existing Pavement Markings / Markers Title Unit Price Qty UofM Paint $0.50 1 linear foot Tape/Cold Plastic $0.50 1 linear foot Thermoplastic $0.50 1 linear foot Guardrail/Jersey Barrier Markers $1.50 1 each Arrows (LT. RT. & ST.)$35.00 1 each Railroad Pavement Marking (R.R.) Pavement Marking $35.00 1 each Bike Lane Symbol $35.00 1 each Pavement Wording - All letters and/or Numbers $20.00 1 each Raised Pavement Marker Removal $1.75 1 each Asphalt Slurry Type II - Obliterated Road Marking Sealant (MAG Section 460.2)$10.00 1 square yard Traffic Control Title Unit Price Qty UofM SIGNS - Large Sign 48" x 48" (2304 Sq. In.) or Larger $0.60 1 day SIGNS - Medium Sign 36" x 36" (1296-2303 Sq. In.)$0.50 1 day SIGNS - Small Sign 24" x 24" (576-1295 Sq. In.)$0.40 1 day WARNING LIGHTS (FLASHERS) - Type A Low Intensity Flashing warning light $0.20 1 day WARNING LIGHTS (FLASHERS) - Type B High Intensity Flashing warning light $1.00 1 day WARNING LIGHTS (FLASHERS) - Type C Low Intensity Steady Burn warning light $0.20 1 day WARNING LIGHTS (FLASHERS) - Type D 360 Degree Steady Burn warning light $0.30 1 day BARRICADES CONES MISCELLANEOUS - Type I Barricade - Vertical Panel $0.35 1 day BARRICADES CONES MISCELLANEOUS - Portable Sign Stand (spring stand)$1.50 1 day BARRICADES CONES MISCELLANEOUS - Traffic Cone Reflectorized 28 Inches $0.40 1 day BARRICADES CONES MISCELLANEOUS - Sand Bag $1.25 1 day BARRICADES CONES MISCELLANEOUS - Flag $1.30 1 day BARRICADES CONES MISCELLANEOUS - Arrow Boards $25.00 1 day BARRICADES CONES MISCELLANEOUS - Portable Variable Message Signs Three-Line $45.00 1 day PILOT CAR RENTAL WITH DRIVER $55.00 1 hour BARRICADE TRUCK RENTAL WITH DRIVER $55.00 1 hour SERIAL 210109-S FRANKLIN STRIPING INC BARRICADE TRUCK MOUNTED ATTENUATOR WITH DRIVER $75.00 1 hour Flagger $40.00 1 hour Traffic Control Technician $40.00 1 hour Traffic Supervisor $45.00 1 hour PURCHASE AND INSTALLATION/REMOVAL OF SUPPLIES - 2 Way $1.50 1 each PURCHASE AND INSTALLATION/REMOVAL OF SUPPLIES - 1 Way $1.50 1 each PURCHASE AND INSTALLATION/REMOVAL OF SUPPLIES - Chip Seal $1.50 1 each MOBILIZATION AND DEMOBILIZATION (TRAVEL TIME) - Zone 1 $125.00 1 day MOBILIZATION AND DEMOBILIZATION (TRAVEL TIME) - Zone 2 $170.00 1 day MOBILIZATION AND DEMOBILIZATION (TRAVEL TIME) - Zone 3 $220.00 1 day Uniformed Off-Duty Officers / Vehicle (Minimum 4 Hours) Title Regular Pay Overtime Pay Vehicle Hourly Rate Agency Name $75.00 $25.00 Rumble Strips Title Unit Price Qty UofM Total Price Rumble Strips-Layout Required $10.00 1 linear foot $10.00 Rumble Strips- No Layout Required $10.00 1 linear foot $10.00 PRICING SHEET: NIGP CODE 63066, 63166 & 91276 Terms: 2% 10 DAYS NET 30 DAYS Vendor Number: VC0000008203 Certificates of Insurance Required Contract Period: To cover the period ending January 31, 2022 2023. SERIAL 210109-S MRM CONSTRUCTION SERVICES INC, 4806 S 16TH STREET, PHOENIX, AZ 85040 COMPANY NAME:MRM Construction Services, Inc. DOING BUSINESS AS (dba):MRM Construction Services, Inc. MAILING ADDRESS:4806 S. 16th Street REMIT TO ADDRESS:Albert Latz TELEPHONE NUMBER:6023400378 FAX NUMBER:4806 S. 16th Street WWW ADDRESS:www.mrmcs.net REPRESENTATIVE NAME:Albert Latz REPRESENTATIVE TELEPHONE NUMBER:602-340-0378 REPRESENTATIVE EMAIL ADDRESS albert@mrmcs.net YES NO REBATE WILL ALLOW OTHER GOVERNMENTAL ENTITIES TO PURCHASE FROM THIS CONTRACT: WILL ACCEPT PROCUREMENT CARD FOR PAYMENT: NET 30 DAYS 2nd Call New Striping, Water Borne Paint (ADOT APL Formula 1 HB, Layout Required) Title Unit Price Unit Price Eff. 02/01/22 Qty UofM Roadway Striping w/beads (Long Line) - WHITE $0.12 $0.15 1 linear foot Roadway Striping w/beads (Long Line) - YELLOW $0.12 $0.15 1 linear foot Intersection Striping - Cross walk/Stop Bar (12 inches) (White or Yellow)$0.34 $0.43 1 linear foot Intersection Striping - Islands (8 inches)$0.25 $0.30 1 linear foot Intersection Striping - Arrows (LT. RT. & ST.)$38.00 $48.75 1 each Railroad Pavement Marking - Stop Bar (24 inches)$0.97 $1.24 1 linear foot Railroad Pavement Marking - (X)ing Pavement Marking (16 inches)$0.87 $1.12 1 linear foot Railroad Pavement Marking - (R.R.) Pavement Marking $45.00 $57.60 1 each Bike Lane Symbol $42.00 $53.75 1 each Yield Symbol 18" (Sharks Teeth)$5.50 $7.05 1 each Pavement Wording - All letters and/or Numbers $18.00 $23.05 1 each Re-Striping, Water Borne Paint (ADOT APL Formula 1 HB, No Layout Required) Title Unit Price Unit Price Eff. 02/01/22 Qty UofM Roadway Striping w/beads (Long Line) - WHITE $0.11 $0.14 1 linear foot Roadway Striping w/beads (Long Line) - YELLOW $0.11 $0.14 1 linear foot SERIAL 210109-S MRM CONSTRUCTION SERVICES INC Intersection Striping - Cross walk/Stop Bar (12 inches) (White or Yellow)$0.34 $0.44 1 linear foot Intersection Striping - Islands (8 inches)$0.23 $0.27 1 linear foot Intersection Striping - Arrows (LT. RT. & ST.)$38.00 $48.65 1 each Railroad Pavement Marking - Stop Bar (24 inches)$0.92 $1.18 1 linear foot Railroad Pavement Marking - (X)ing Pavement Marking $0.75 $0.96 1 linear foot Railroad Pavement Marking - (R.R.) Pavement Marking $45.00 $57.60 1 each Bike Lane Symbol $42.00 $53.75 1 each Yield Symbol 18" (Sharks Teeth)$5.00 $6.40 1 each Pavement Wording - All letters and/or Numbers $18.00 $23.05 1 each New Striping, AZDOT New Spec Thermoplastic (Layout Required) Title Unit Price Unit Price Eff. 02/01/22 Qty UofM Roadway Striping (Long Line) - 60 mils thick $0.38 $0.56 1 linear foot Roadway Striping (Long Line) - 90 mils thick $0.47 $0.67 1 linear foot Roadway Striping (Long Line) - 120 mils thick $0.68 $0.99 1 linear foot Intersection Striping (at 120 mils thick) - Cross walk & Stop Bar (12")$2.10 $3.07 1 linear foot Intersection Striping (at 120 mils thick) - Islands (8")$1.33 $1.94 1 linear foot Intersection Striping (at 120 mils thick) - Arrows (LT. RT. & ST.)$140.00 $204.40 1 each Railroad Pavement Marking (120 mils thick) - Stop Bar (24")$3.80 $5.55 1 linear foot Railroad Pavement Marking (120 mils thick) - "X" ing Pavement Marking $1.88 $2.75 1 linear foot Railroad Pavement Marking (120 mils thick) -"R.R." Pavement Marking $110.00 $160.60 1 each Bike Lane Symbol $140.00 $204.40 1 each Yield Symbol 18" (Sharks Teeth)$15.00 $21.90 1 each Pavement Wording (120 mils) - All letters and/or Numbers $50.00 $73.00 1 each Re-Striping, AZDOT Spec Thermoplastic (No Layout Required) Title Unit Price Unit Price Eff. 02/01/22 Qty UofM Roadway Striping (Long Line) - 60 mils thick $0.34 $0.50 1 linear foot Roadway Striping (Long Line) - 90 mils thick $0.45 $0.62 1 linear foot Roadway Striping (Long Line) - 120 mils thick $0.65 $0.94 1 linear foot Intersection Striping (at 120 mils thick) - Cross walk & Stop Bar (12")$1.98 $2.85 1 linear foot Intersection Striping (at 120 mils thick) - Islands (8")$1.28 $1.87 1 linear foot Intersection Striping (at 120 mils thick) - Arrows (LT. RT. & ST.)$140.00 $204.40 1 each SERIAL 210109-S MRM CONSTRUCTION SERVICES INC Railroad Pavement Marking (120 mils thick) - Stop Bar (24")$3.80 $5.55 1 linear foot Railroad Pavement Marking (120 mils thick) - "X" ing Pavement Marking $1.85 $2.70 1 linear foot Railroad Pavement Marking (120 mils thick) -"R.R." Pavement Marking $105.00 $153.30 1 each Bike Lane Symbol $140.00 $204.40 1 each Yield Symbol 18" (Sharks Teeth)$18.00 $29.20 1 each Pavement Wording (120 mils) - All Letters and/or Numbers $50.00 $73.00 1 each Installation of Raised Reflective Pavement Markers Title Unit Price Unit Price Eff. 02/01/22 Qty UofM 3M 290 - 2-way 1-color "Full size" Type H $2.85 $4.27 1 each 3M 290 - 2-way 1-color "Full size" Type D $2.85 $4.27 1 each 3M 290 - 1-way only "Full size" Type G $2.85 $4.27 1 each 3M 290 - 2-way 1-color "Full size" Type BB $2.85 $4.27 1 each 3M 290- 2-way 2-color "Full size"$2.85 $4.27 1 each Guardrail/Barrier Delineator (Reflectorized) - YELLOW $2.85 $4.27 1 each Guardrail/Barrier Delineator (Reflectorized) - WHITE $2.85 $4.27 1 each Ceramic Button (3/4" x 4") (Non-Reflectorized) -YELLOW $2.85 $4.27 1 each Ceramic Button (3/4" x 4") (Non-Reflectorized) - WHITE $2.85 $4.27 1 each Ceramic Button (3/4" x 4") (Non-Reflectorized) - BLACK $4.00 $6.00 1 each Raised Pavement Marker Recessing $30.00 $33.00 1 each Removal of Existing Pavement Markings / Markers Title Unit Price Unit Price Eff. 02/01/22 Qty UofM Paint $0.50 $0.56 1 linear foot Tape/Cold Plastic $0.55 $0.62 1 linear foot Thermoplastic $0.55 $0.62 1 linear foot Guardrail/Jersey Barrier Markers $2.00 $2.24 1 each Arrows (LT. RT. & ST.)$65.00 $72.80 1 each Railroad Pavement Marking (R.R.) Pavement Marking $75.00 $84.00 1 each Bike Lane Symbol $50.00 $56.00 1 each Pavement Wording - All letters and/or Numbers $30.00 $33.60 1 each Raised Pavement Marker Removal $1.75 $1.96 1 each Asphalt Slurry Type II - Obliterated Road Marking Sealant (MAG Section 460.2)$6.50 $6.72 1 square yard SERIAL 210109-S MRM CONSTRUCTION SERVICES INC Traffic Control Title Unit Price Unit Price Eff. 02/01/22 Qty UofM SIGNS - Large Sign 48" x 48" (2304 Sq. In.) or Larger $0.62 1 day SIGNS - Medium Sign 36" x 36" (1296-2303 Sq. In.)$0.52 1 day SIGNS - Small Sign 24" x 24" (576-1295 Sq. In.)$0.42 1 day WARNING LIGHTS (FLASHERS) - Type A Low Intensity Flashing warning light $0.21 1 day WARNING LIGHTS (FLASHERS) - Type B High Intensity Flashing warning light $1.03 1 day WARNING LIGHTS (FLASHERS) - Type C Low Intensity Steady Burn warning light $0.21 1 day WARNING LIGHTS (FLASHERS) - Type D 360 Degree Steady Burn warning light $0.31 1 day BARRICADES CONES MISCELLANEOUS - Type I Barricade - Vertical Panel $0.36 1 day BARRICADES CONES MISCELLANEOUS - Portable Sign Stand (spring stand)$1.14 1 day BARRICADES CONES MISCELLANEOUS - Traffic Cone Reflectorized 28 Inches $0.36 1 day BARRICADES CONES MISCELLANEOUS - Sand Bag $1.29 1 day BARRICADES CONES MISCELLANEOUS - Flag $1.29 1 day BARRICADES CONES MISCELLANEOUS - Arrow Boards $25.75 1 day BARRICADES CONES MISCELLANEOUS - Portable Variable Message Signs Three-Line $46.35 1 day PILOT CAR RENTAL WITH DRIVER $56.65 1 hour BARRICADE TRUCK RENTAL WITH DRIVER $56.65 1 hour BARRICADE TRUCK MOUNTED ATTENUATOR WITH DRIVER $77.25 1 hour Flagger $41.20 $47.43 1 hour Traffic Control Technician $41.20 1 hour Traffic Supervisor $46.35 1 hour PURCHASE AND INSTALLATION/REMOVAL OF SUPPLIES - 2 Way $5.50 1 each PURCHASE AND INSTALLATION/REMOVAL OF SUPPLIES - 1 Way $5.50 1 each PURCHASE AND INSTALLATION/REMOVAL OF SUPPLIES - Chip Seal $2.00 1 each MOBILIZATION AND DEMOBILIZATION (TRAVEL TIME) - Zone 1 $77.25 $84.00 1 day MOBILIZATION AND DEMOBILIZATION (TRAVEL TIME) - Zone 2 $128.75 $140.00 1 day MOBILIZATION AND DEMOBILIZATION (TRAVEL TIME) - Zone 3 $154.50 $168.00 1 day SERIAL 210109-S MRM CONSTRUCTION SERVICES INC Uniformed Off-Duty Officers / Vehicle (Minimum 4 Hours) Title Regular Pay Regular Pay Eff 02/01/22 Overtime Pay Overtime Pay Eff 02/01/22 Vehicle Hourly Rate Agency Name $93.00 $96.90 $140.00 $145.35 $25.00 PRICING SHEET: NIGP CODE 63066, 63166 & 91276 Terms: NET 30 Vendor Number: VC0000001283 Certificates of Insurance Required Contract Period: To cover the period ending January 31, 2022 2023. SERIAL 210109-S PAVEMENT MARKINGS LLC, 8949 S. BECK AVENUE, TEMPA AZ 85284 COMPANY NAME:Pavement Marking, LLC DOING BUSINESS AS (dba):Pavement Marking, LLC MAILING ADDRESS:8949 S Beck Ave REMIT TO ADDRESS:Same as above TELEPHONE NUMBER:480-598-0872 FAX NUMBER:480-598-0873 WWW ADDRESS:www.pmiaz.com REPRESENTATIVE NAME:Chris Brandt REPRESENTATIVE TELEPHONE NUMBER:602-717-5391 REPRESENTATIVE EMAIL ADDRESS chris.brandt@pmiaz.com YES NO REBATE WILL ALLOW OTHER GOVERNMENTAL ENTITIES TO PURCHASE FROM THIS CONTRACT: WILL ACCEPT PROCUREMENT CARD FOR PAYMENT: NET 30 DAYS 3rd Call New Striping, Water Borne Paint (ADOT APL Formula 1 HB, Layout Required) Title Unit Price Qty UofM Bidder Notes Roadway Striping w/beads (Long Line) - WHITE $0.08 1 linear foot Maricopa County Tax @ 4.1% Included Roadway Striping w/beads (Long Line) - YELLOW $0.08 1 linear foot Maricopa County Tax @ 4.1% Included Intersection Striping - Cross walk/Stop Bar (12 inches) (White or Yellow)$0.50 1 linear foot Maricopa County Tax @ 4.1% Included Intersection Striping - Islands (8 inches)$0.16 1 linear foot Maricopa County Tax @ 4.1% Included Intersection Striping - Arrows (LT. RT. & ST.)$30.00 1 each Maricopa County Tax @ 4.1% Included Railroad Pavement Marking - Stop Bar (24 inches)$1.50 1 linear foot Maricopa County Tax @ 4.1% Included Railroad Pavement Marking - (X)ing Pavement Marking (16 inches)$1.00 1 linear foot Maricopa County Tax @ 4.1% Included Railroad Pavement Marking - (R.R.) Pavement Marking $40.00 1 each Maricopa County Tax @ 4.1% Included Bike Lane Symbol $40.00 1 each Maricopa County Tax @ 4.1% Included Yield Symbol 18" (Sharks Teeth)$15.00 1 each Maricopa County Tax @ 4.1% Included Pavement Wording - All letters and/or Numbers $15.00 1 each Maricopa County Tax @ 4.1% Included SERIAL 210109-S PAVEMENT MARKINGS LLC Re-Striping, Water Borne Paint (ADOT APL Formula 1 HB, No Layout Required) Title Unit Price Qty UofM Bidder Notes Roadway Striping w/beads (Long Line) - WHITE $0.07 1 linear foot Maricopa County Tax @ 4.1% Included Roadway Striping w/beads (Long Line) - YELLOW $0.07 1 linear foot Maricopa County Tax @ 4.1% Included Intersection Striping - Cross walk/Stop Bar (12 inches) (White or Yellow)$0.45 1 linear foot Maricopa County Tax @ 4.1% Included Intersection Striping - Islands (8 inches)$0.14 1 linear foot Maricopa County Tax @ 4.1% Included Intersection Striping - Arrows (LT. RT. & ST.)$30.00 1 each Maricopa County Tax @ 4.1% Included Railroad Pavement Marking - Stop Bar (24 inches)$0.90 1 linear foot Maricopa County Tax @ 4.1% Included Railroad Pavement Marking - (X)ing Pavement Marking $0.70 1 linear foot Maricopa County Tax @ 4.1% Included Railroad Pavement Marking - (R.R.) Pavement Marking $30.00 1 each Maricopa County Tax @ 4.1% Included Bike Lane Symbol $40.00 1 each Maricopa County Tax @ 4.1% Included Yield Symbol 18" (Sharks Teeth)$15.00 1 each Maricopa County Tax @ 4.1% Included Pavement Wording - All letters and/or Numbers $15.00 1 each Maricopa County Tax @ 4.1% Included New Striping, AZDOT New Spec Thermoplastic (Layout Required) Title Unit Price Qty UofM Bidder Notes Roadway Striping (Long Line) - 60 mils thick $0.28 1 linear foot Maricopa County Tax @ 4.1% Included Roadway Striping (Long Line) - 90 mils thick $0.36 1 linear foot Maricopa County Tax @ 4.1% Included Roadway Striping (Long Line) - 120 mils thick $0.45 1 linear foot Maricopa County Tax @ 4.1% Included Intersection Striping (at 120 mils thick) - Cross walk & Stop Bar (12")$2.00 1 linear foot Maricopa County Tax @ 4.1% Included Intersection Striping (at 120 mils thick) - Islands (8")$0.90 1 linear foot Maricopa County Tax @ 4.1% Included Intersection Striping (at 120 mils thick) - Arrows (LT. RT. & ST.)$90.00 1 each Maricopa County Tax @ 4.1% Included Railroad Pavement Marking (120 mils thick) - Stop Bar (24")$4.00 1 linear foot Maricopa County Tax @ 4.1% Included Railroad Pavement Marking (120 mils thick) - "X" ing Pavement Marking $3.00 1 linear foot Maricopa County Tax @ 4.1% Included Railroad Pavement Marking (120 mils thick) -"R.R." Pavement Marking $40.00 1 each Maricopa County Tax @ 4.1% Included Bike Lane Symbol $240.00 1 each Maricopa County Tax @ 4.1% Included Yield Symbol 18" (Sharks Teeth)$22.00 1 each Maricopa County Tax @ 4.1% Included Pavement Wording (120 mils) - All letters and/or Numbers $30.00 1 each Maricopa County Tax @ 4.1% Included SERIAL 210109-S PAVEMENT MARKINGS LLC Re-Striping, AZDOT Spec Thermoplastic (No Layout Required) Title Unit Price Qty UofM Bidder Notes Roadway Striping (Long Line) - 60 mils thick $0.29 1 linear foot Maricopa County Tax @ 4.1% Included Roadway Striping (Long Line) - 90 mils thick $0.36 1 linear foot Maricopa County Tax @ 4.1% Included Roadway Striping (Long Line) - 120 mils thick $0.42 1 linear foot Maricopa County Tax @ 4.1% Included Intersection Striping (at 120 mils thick) - Cross walk & Stop Bar (12")$1.90 1 linear foot Maricopa County Tax @ 4.1% Included Intersection Striping (at 120 mils thick) - Islands (8")$0.84 1 linear foot Maricopa County Tax @ 4.1% Included Intersection Striping (at 120 mils thick) - Arrows (LT. RT. & ST.)$80.00 1 each Maricopa County Tax @ 4.1% Included Railroad Pavement Marking (120 mils thick) - Stop Bar (24")$3.80 1 linear foot Maricopa County Tax @ 4.1% Included Railroad Pavement Marking (120 mils thick) - "X" ing Pavement Marking $2.90 1 linear foot Maricopa County Tax @ 4.1% Included Railroad Pavement Marking (120 mils thick) -"R.R." Pavement Marking $40.00 1 each Maricopa County Tax @ 4.1% Included Bike Lane Symbol $240.00 1 each Maricopa County Tax @ 4.1% Included Yield Symbol 18" (Sharks Teeth)$20.00 1 each Maricopa County Tax @ 4.1% Included Pavement Wording (120 mils) - All Letters and/or Numbers $25.00 1 each Maricopa County Tax @ 4.1% Included Installation of Raised Reflective Pavement Markers Title Unit Price Qty UofM Bidder Notes 3M 290 - 2-way 1-color "Full size" Type H $2.40 1 each Maricopa County Tax @ 4.1% Included 3M 290 - 2-way 1-color "Full size" Type D $2.40 1 each Maricopa County Tax @ 4.1% Included 3M 290 - 1-way only "Full size" Type G $2.40 1 each Maricopa County Tax @ 4.1% Included 3M 290 - 2-way 1-color "Full size" Type BB $4.00 1 each Maricopa County Tax @ 4.1% Included 3M 290- 2-way 2-color "Full size"$2.40 1 each Maricopa County Tax @ 4.1% Included Guardrail/Barrier Delineator (Reflectorized) - YELLOW $5.00 1 each Maricopa County Tax @ 4.1% Included Guardrail/Barrier Delineator (Reflectorized) - WHITE $5.00 1 each Maricopa County Tax @ 4.1% Included Ceramic Button (3/4" x 4") (Non-Reflectorized) - YELLOW $4.00 1 each Maricopa County Tax @ 4.1% Included Ceramic Button (3/4" x 4") (Non-Reflectorized) - WHITE $4.00 1 each Maricopa County Tax @ 4.1% Included Ceramic Button (3/4" x 4") (Non-Reflectorized) - BLACK $4.00 1 each Maricopa County Tax @ 4.1% Included Raised Pavement Marker Recessing $6.50 1 each Maricopa County Tax @ 4.1% Included SERIAL 210109-S PAVEMENT MARKINGS LLC Removal of Existing Pavement Markings / Markers Title Unit Price Qty UofM Bidder Notes Paint $0.35 1 linear foot Maricopa County Tax @ 4.1% Included Tape/Cold Plastic $0.50 1 linear foot Maricopa County Tax @ 4.1% Included Thermoplastic $0.40 1 linear foot Maricopa County Tax @ 4.1% Included Guardrail/Jersey Barrier Markers $1.10 1 each Maricopa County Tax @ 4.1% Included Arrows (LT. RT. & ST.)$75.00 1 each Maricopa County Tax @ 4.1% Included Railroad Pavement Marking (R.R.) Pavement Marking $85.00 1 each Maricopa County Tax @ 4.1% Included Bike Lane Symbol $45.00 1 each Maricopa County Tax @ 4.1% Included Pavement Wording - All letters and/or Numbers $20.00 1 each Maricopa County Tax @ 4.1% Included Raised Pavement Marker Removal $1.00 1 each Maricopa County Tax @ 4.1% Included Asphalt Slurry Type II - Obliterated Road Marking Sealant (MAG Section 460.2)$10.00 1 square yard Maricopa County Tax @ 4.1% Included Traffic Control Title Unit Price Qty UofM Bidder Notes SIGNS - Large Sign 48" x 48" (2304 Sq. In.) or Larger $0.65 1 day Maricopa County Tax @ 4.1% Included SIGNS - Medium Sign 36" x 36" (1296-2303 Sq. In.)$0.55 1 day Maricopa County Tax @ 4.1% Included SIGNS - Small Sign 24" x 24" (576-1295 Sq. In.)$0.45 1 day Maricopa County Tax @ 4.1% Included WARNING LIGHTS (FLASHERS) - Type A Low Intensity Flashing warning light $0.22 1 day Maricopa County Tax @ 4.1% Included WARNING LIGHTS (FLASHERS) - Type B High Intensity Flashing warning light $1.10 1 day Maricopa County Tax @ 4.1% Included WARNING LIGHTS (FLASHERS) - Type C Low Intensity Steady Burn warning light $0.25 1 day Maricopa County Tax @ 4.1% Included WARNING LIGHTS (FLASHERS) - Type D 360 Degree Steady Burn warning light $0.32 1 day Maricopa County Tax @ 4.1% Included BARRICADES CONES MISCELLANEOUS - Type I Barricade - Vertical Panel $0.38 1 day Maricopa County Tax @ 4.1% Included BARRICADES CONES MISCELLANEOUS - Portable Sign Stand (spring stand)$1.25 1 day Maricopa County Tax @ 4.1% Included BARRICADES CONES MISCELLANEOUS - Traffic Cone Reflectorized 28 Inches $0.38 1 day Maricopa County Tax @ 4.1% Included BARRICADES CONES MISCELLANEOUS - Sand Bag $1.30 1 day Maricopa County Tax @ 4.1% Included BARRICADES CONES MISCELLANEOUS - Flag $1.30 1 day Maricopa County Tax @ 4.1% Included BARRICADES CONES MISCELLANEOUS - Arrow Boards $30.00 1 day Maricopa County Tax @ 4.1% Included BARRICADES CONES MISCELLANEOUS - Portable Variable Message Signs Three-Line $55.00 1 day Maricopa County Tax @ 4.1% Included SERIAL 210109-S PAVEMENT MARKINGS LLC PILOT CAR RENTAL WITH DRIVER $58.00 1 hour Maricopa County Tax @ 4.1% Included BARRICADE TRUCK RENTAL WITH DRIVER $60.00 1 hour Maricopa County Tax @ 4.1% Included BARRICADE TRUCK MOUNTED ATTENUATOR WITH DRIVER $100.00 1 hour Maricopa County Tax @ 4.1% Included Flagger $45.00 1 hour Maricopa County Tax @ 4.1% Included Traffic Control Technician $45.00 1 hour Maricopa County Tax @ 4.1% Included Traffic Supervisor $50.00 1 hour Maricopa County Tax @ 4.1% Included PURCHASE AND INSTALLATION/REMOVAL OF SUPPLIES - 2 Way $2.25 1 each Maricopa County Tax @ 4.1% Included PURCHASE AND INSTALLATION/REMOVAL OF SUPPLIES - 1 Way $2.25 1 each Maricopa County Tax @ 4.1% Included PURCHASE AND INSTALLATION/REMOVAL OF SUPPLIES - Chip Seal $2.25 1 each Maricopa County Tax @ 4.1% Included MOBILIZATION AND DEMOBILIZATION (TRAVEL TIME) - Zone 1 $400.00 1 day Maricopa County Tax @ 4.1% Included MOBILIZATION AND DEMOBILIZATION (TRAVEL TIME) - Zone 2 $450.00 1 day Maricopa County Tax @ 4.1% Included MOBILIZATION AND DEMOBILIZATION (TRAVEL TIME) - Zone 3 $500.00 1 day Maricopa County Tax @ 4.1% Included Uniformed Off-Duty Officers / Vehicle (Minimum 4 Hours) Title Regular Pay Overtime Pay Vehicle Hourly Rate Bidder Notes Agency Name $64.00 $90.00 $15.00 Maricopa County Tax @ 4.1&#37; Included Rumble Strips Title Unit Price Qty UofM Bidder Notes Rumble Strips-Layout Required $4.00 1 linear foot Maricopa County Tax @ 4.1% Included Rumble Strips- No Layout Required $3.00 1 linear foot Maricopa County Tax @ 4.1% Included PRICING SHEET: NIGP CODE 63066, 63166 & 91276 Terms: NET 30 Vendor Number: VS0000005403 Certificates of Insurance Required Contract Period: To cover the period ending January 31, 2022 2023. SERIAL 210109-S INSTALLATION OF PAINT STRIPES AND MARKINGS 1.0 INTENT 1.1 The intent of this Invitation for Bids is to establish a contract with one or more contractors for the installation of paint stripes and markings and the items specifically listed herein for use by the Maricopa County Department of Transportation (MCDOT). 1.1 Other governmental entities under agreement with Maricopa County (County) may have access to services provided hereunder (see also Sections 3.15 and 3.16 below). 1.2 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. 1.3 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. 2.0 SPECIFICATIONS 2.1 The County has adopted the MCDOT Supplement (January 2020 or most recent edition) to Maricopa Association of Governments (MAG) Uniform Standard Specifications. 2.2 Contractor shall provide materials and installation as indicated, and as referenced in Exhibit 6 - MCDOT 2020 Supplement to MAG Specifications and Details, for: 2.2.1 Paint Pavement Markings - Section 461 2.2.2 Thermoplastic Pavement Markings - Section 462 2.2.3 Raised Pavement Markers -Section 463 2.3 PAINT STRIPES AND MARKINGS 2.3.1 Contractor shall provide materials and installation for paint stripes and markings as required in MCDOT Supplement (January 2020 or most recent edition) to Maricopa Association of Governments (MAG) Uniform Standard Specification for Paint Pavement Markings, Section 461, with the following exceptions: 2.3.1.1 The contractor shall apply types of paint that are water borne, to include 100 percent acrylic polymer emulsion (high build type) and crosslink polymer emulsion (plastic type) white and yellow (lead and lead-free). 2.3.1.2 Contractor shall provide pricing on the Attachment D – Pricing Sheet for each type of paint and shall indicate the manufacturer’s brand name and product code/series number. 2.4 THERMOPLASTIC STRIPES AND MARKINGS Contractor shall provide materials and installation of thermoplastic stripes and markings as required in MCDOT Supplement (January 2020 or most recent edition) to MAG Uniform Standard Specification for Thermoplastic Pavement Markings, Section 462. 2.5 RAISED PAVEMENT MARKERS 2.5.1 Contractor shall provide materials and installation of raised pavement markers as required in MCDOT Supplement (January 2020 or most recent edition) to MAG Uniform Standard Specification for Raised Pavement Markers, Section 463, with the following additions: SERIAL 210109-S 2.5.1.1 Contractor shall include the manufacturer’s name and model number for each type of marker quoted in Attachment D – Pricing Sheet. 2.5.2 Rumble Strips 2.5.2.1 Contractor shall cut groove transverse rumble strips such that they be ground to a depth of 3/8 inches every 12 inches, with 10-foot gap every 40 feet to allow bicyclists to cross the rumble pattern without dropping into the depressions (on roads that allow bicyclists). 2.5.2.2 Contractor shall use rumble strips (six-inch, eight-inch and twelve-inch widths) of the appropriate size for the roadway type and shoulder width (see Exhibit 8 – ADOT Rumble Strip Specifications). 2.5.3 Reflective Pavement Markers 2.5.3.1 Reflective pavement markers (Section 463.2.02) shall be 3M 290 or equivalent. 2.5.3.2 As per MCDOT requirements, contractor shall use reflective markers that are pressure sensitive adhesive or non-adhesive with an adhesive surface. The raised pavement marker shall be both wet and dry retro- reflective, impact resistant, abrasion resistant, water resistant, and have molded-in body colors, and may have application finger grips. Reflective pavement markers shall be of the following types: 2.5.3.2.1 Type D Yellow, two–way 2.5.3.2.2 Type G Clear, one-way 2.5.3.2.3 Type H Yellow, one-way 2.5.3.2.4 Type BB Blue, two-way 2.5.3.3 Contractor shall use reflective pavement markers such that: 2.5.3.3.1 Reflective pavement markers are prismatic reflective consisting of a polycarbonate body and a polycarbonate lens with built-in micro-cube corners. 2.5.3.3.2 The lens shall have a protective hard coat. 2.5.3.3.3 The exterior surface of the molded body shall be smooth and shall contain one or two prismatic reflector faces of the color specified. 2.5.3.3.4 When illuminated by an automobile headlight, the color of the reflectors shall be an approved clear, yellow, red, blue or green as designated. Reflectors not meeting the required color may be rejected and contractor shall replace reflectors with reflectors of the required color. 2.5.3.3.5 The retro reflected color of the markers shall lie within the respective retro reflected color gamut coordinates, plotted on the 1931 CIE Chromaticity (x, y) diagram (see TABLE 1) when tested in accordance with American Society for Testing and Materials (ASTM) E811, using CIE Illuminant Source A and viewing conditions of 0.2 degree observation angle, zero degree entrance angle. The source and receptor angular apertures are each six minutes of arc. SERIAL 210109-S TABLE 1 WH YL RED GR BL Point #x y x y x y x y x y 1 .310 .348 .545 .424 .650 .330 .009 .733 .039 .320 2 .453 .440 .599 .439 .668 .330 .288 .520 .160 .320 3 .500 .440 .609 .390 .734 .265 .209 .395 .160 .240 4 .500 .380 .597 .390 .721 .259 .012 .494 .183 .218 5 .440 .380 6 .310 .283 2.5.3.3.6 Permanent reflective pavement markers will be tested for compressive strength, abrasion resistance, and specific intensity. Permanent reflective pavement markers shall have a thin un-tempered glass or other abrasion material bonded to the prismatic reflector face to provide an extremely hard and durable, abrasive resistant reflector surface. 2.5.3.3.7 The area covered by the glass, or other abrasion resistant surface, shall not be less than three square inches. 2.5.3.3.8 The original specific intensity of each reflecting surface for both temporary and permanent reflective markers shall not be less than the following: 2.5.3.3.8.1 To be measured in accordance with ASTM E809. The photometric quantity to be measured is the coefficient of retro reflected luminous intensity, expressed as millicandelas per lux (mcd/lx). One candela per lux equals 10.76 candelas per foot-candle. 2.5.3.3.9 Permanent reflective pavement markers shall be subject to an abrasion resistance test as follows: 2.5.3.3.9.1 Subject the entire lens surface to the test described in ASTM D-4280-04, Section 9.5, using a sand drop apparatus. After the exposure described, the retroreflected values shall not be less than 0.5 times the values listed in the specific intensity table (see TABLE 2 below). 2.5.3.3.9.2 The raised pavement marker shall comply with the initial minimum brightness requirements in TABLE 2 (below) after conditioning for 12 hours at 145 degrees F +/- 5ºF (62.7ºC +/- 2.5ºC). 2.5.3.3.9.3 The body of the raised pavement marker displays no cracking or breakage when tested according to ASTM D2444 Tup A, using a 1000 gm weight from a height of one meter. The marker is positioned in such a way that the Tup strikes the top of the marker. The marker lens displays no cracking inside the impact area when tested according to ASTM D2444 Tup A, using a 1000 gm weight from a height of one meter. The marker is placed in a steel fixture designed to hold the marker lens horizontal and positioned such that the Tup strikes the center of the lens. SERIAL 210109-S TABLE 2 Specific Intensity Table Entrance Angle 0 degrees +/- 20 degrees – 0 degrees Observation Angle .2 degrees .2 degrees Minimum Coefficient Color mcd/lx cd/ftcd mcd/lx cd/ftcd White 279 3.00 112 1.20 Yellow/Amber 167 1.80 67 0.72 Red 70 0.75 28 0.30 Blue 26 0.28 10 0.11 Green 93 1.00 37 0.40 2.5.4 Construction Requirements 2.5.4.1 Contractor shall ensure that the portion of the highway to which the raised pavement markers are to be attached shall be free of dirt, curing compound, grease, oil, moisture, loose or unsound layers and any other material which could adversely affect the bond of the adhesive. In addition, the pavement must be clean and dry, therefore, contractor shall ensure that adhesive is not applied within 24 hours of rainfall prior to application. The method of cleaning the pavement surface and removal of detrimental material is subject to approval by the engineer and shall include sweeping and the use of high-pressure air spray. 2.5.4.2 Contractor may apply pressure sensitive adhesive raised pavement markers to new paved asphalt surfaces immediately following the final compaction of the asphalt surface by the finishing roller, however contractor shall use caution to prevent embedment of raised pavement markers into the fresh, soft asphalt that would limit the visibility of the lens face. Embedment into the fresh asphalt surface should be limited to the thickness of the pressure sensitive adhesive pad. 2.5.4.3 Contractor shall not place markers on asphalt that is showing signs of deterioration, cracking or failure. 2.5.4.4 Contractor shall have the curing compound removed prior to application of the pressure sensitive raised pavement marker on new concrete surfaces that have been open to traffic for less than 90 days. The curing compound may be removed by sandblasting, or other methods such as hydro-blasting or grinding as approved by the engineer. 2.5.4.5 Contractor shall ensure that chip seal surfaces are swept of excess aggregate and have been open to traffic for 30 days prior to installation of the markers. Markers should not be installed on chip seal surfaces with large, void spaces and/or loose aggregate with a weak bond to the underlying road surface. 2.5.4.6 Contractor shall ensure that slurry seal and fog seal surfaces are allowed to completely cool and cure. In general, 24 hours is sufficient time to allow placement of the markers. Excess sand applied to soak up surface emulsions must be swept clean prior to installation of the markers. 2.5.4.7 When installation involves a separate adhesive product, the contractor shall place the adhesive uniformly on the cleaned pavement surface in an amount sufficient to result in complete coverage of the area of contact of the markers, with no voids present and with slight excess after the markers have been placed. The markers shall be placed in position and SERIAL 210109-S pressure applied until firm contact is made with the pavement. The markers shall be protected against impact until the adhesive has set to the degree acceptable to the engineer. 2.5.4.8 Contractor shall immediately remove excess adhesive on the pavement and on the exposed surfaces of the markers. Contractor shall not use thinners or solvents which may be detrimental to either the markers or the bond provided by the adhesive in removing excess adhesive. 2.5.4.9 Contractors shall not install markers when the temperature of the pavement surface or the atmosphere is less than 60ºF, when the relative humidity is 80 percent or higher or when the pavement is not dry. Contractor shall not apply markers within 24 hours of rainfall prior to application. 2.5.4.10 Contractors shall install all markers to the line approved by the engineer and in such a manner that the reflective face of the markers is perpendicular to a line parallel to the roadway centerline. No raised pavement markers shall be installed over longitudinal or traverse joints or seams of the pavement surface. No raised pavement markers shall be installed over existing pavement markings such as paint, thermoplastic, or preformed tapes. 2.6 PAVEMENT MARKING REMOVAL Contractor shall remove all conflicting pavement markings, in conformance with hazardous waste disposal regulations, to include raised pavement markers, chip seal tabs, pavement tape, barrier/guardrail markers, and any other necessary traffic control devices deemed necessary by the engineer. All pavement markings shall be recovered from the roadway by vacuum method. Removed pavement markers and debris resulting from the removed markings shall be collected and disposed by the contractor. 2.6.1 Approved Methods for Water Borne Traffic Paint 2.6.1.1 Water blasting 2.6.1.2 Steel shot method (turbo-blaster) 2.6.1.3 Asphaltic overlay: The asphalt overlay thickness and dimensions shall meet the County specifications 2.6.2 Approved Methods for the Removal of Raised Pavement Markers 2.6.2.1 Hammer/chisel method 2.6.2.2 Blade use of heavy-duty equipment 2.6.3 Contractor shall repair, by methods acceptable to the engineer, any damage to the pavement caused by pavement marking removal. When contractor uses asphalt slurry to repair damage to the pavement caused by pavement marking removal or the obliteration of the marks remaining after the markings have been removed, contractor shall place the asphalt slurry parallel to the new direction of travel and shall not be less than two feet in width. 2.7 PAVEMENT PREPARATION 2.7.1 It shall be the contractor’s responsibility to determine what type of pavement markings currently exists on the project to be done and determine the appropriate SERIAL 210109-S method of removal. The final decision for the method of removal must be approved by the Engineer first. 2.7.2 Contractor shall repair, by methods acceptable to the engineer, any damage to the pavement caused by pavement marking removal. When contractor uses asphalt slurry seal to repair damage to the pavement caused by pavement marking removal or the obliteration of the marks remaining after the markings have been removed, contractor shall place the asphalt slurry parallel to the new direction of travel and shall not be less than two feet in width. 2.7.3 It will be the contractor’s responsibility to prepare the roadway surface for the installation of striping and raised pavement markers. Contractor shall cover up all raised pavement markers when slurry seal and fog seal is used. This may include sweeping/brooming, (manually or by machine), blading (removing mud or dirt), and any other cleaning of the road-way surface to ensure proper installation of striping and markers. (Example: removal of oil, grease.) 2.7.4 Contractors shall not use of self-adhesive markers. 2.7.5 Contractors will be given a Notice to Proceed for each project. At the time of notification, the contractor shall inform the MCDOT representative of an estimated project start date and proposed project end date along with a schedule as to when the work will be completed. 2.7.6 Contractor will be responsible for their portable traffic control and should comply with Manual on Uniform Traffic Control Devices and Federal Highway Administration regulations. 2.8 TEMPORARY TRAFFIC CONTROL 2.8.1 Contractor shall be solely responsible for providing personnel and equipment for temporary traffic control during scheduled MCDOT construction/maintenance projects, in accordance with the MCDOT MAG Supplement Section 401. 2.8.2 Scheduled Work Description: Contractor shall provide traffic control and barricade service while working on MCDOT rights-of-way. Contractor shall furnish equipment and labor on an as needed basis. Contractor shall furnish all labor, materials, services, insurance, and equipment necessary for the delivery, placement, maintenance, and removal of barricade equipment, as well as labor for flagging traffic-control purposes. 2.8.3 All traffic control plans shall be governed by the Manual on Uniform Traffic Control Devices or Uniform Standard Specifications and Details for Public Works Construction Section 401 Traffic Control. 2.8.4 Contractor shall be responsible for the preparation of specific traffic plans and typical traffic control plans which may be utilized as requested by MCDOT. Traffic control plans shall be submitted to MCDOT Traffic Operations for review and approval in advance of commencing work. 2.8.5 Traffic Control Technicians shall be American Traffic Safety Services Association (ATSSA) certified. 2.8.6 Contractor shall only utilize flaggers certified flaggers. 2.8.6.1 Flaggers can be certified by ATSSA, the International Municipal Signal Association (IMSA), or by the Local Technical Assistance Program (LTAP). SERIAL 210109-S 2.8.6.2 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 MCDOT Field Supervisor. 2.8.7 Contractor shall have an off-duty officer present during any setup which will restrict traffic flow more than one hour while working within 300 feet of a signalized intersection. 2.8.8 Contractors shall not restrict access to fire stations, hospitals, sheriff/police stations, or any public schools. 2.9 FUEL COST PRICE ADJUSTMENT 2.9.1 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. 2.9.2 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. 2.9.3 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 10 percent of the base fuel cost. The contractor may request a fuel surcharge no more than four times annually, during the month(s) of March, June, September and December. The request must be submitted no later than the 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. 2.9.4 Contractor shall include, as part of its price bid, the percentage of total contract price fuel represents (e.g., fuel cost equals 10 percent 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 proposals 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. if fuel cost adjustment is approved by County on January 1, 2006, January 1, 2006 becomes base date for any next contractor request for adjustment). 2.9.5 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. 2.9.6 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/. SERIAL 210109-S 2.9.7 The computation of the fuel surcharge amount shall be determined as follows: 2.9.7.1 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. 2.9.7.2 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. 2.9.7.3 The surcharge shall be added as a separate line item to the invoice. 3.0 PURCHASING REQUIREMENTS 3.1 DELIVERY 3.1.1 Delivery is desired as soon as possible, and details shall be stipulated on the purchase order. Contractor shall notify the County representative listed on the order if the requested delivery date and/or the anticipated lead time cannot be met. Failure to communicate to County changes in the order status may result in default proceedings. 3.1.2 Supplies or equipment shall be delivered between the hours of 7:00 a.m. and 4:00 p.m. MST, Monday through Friday, except on County recognized holidays. 3.1.3 Delivery shall be F.O.B. Destination Freight Prepaid. 3.2 SHIPPING DOCUMENTS A packing list or other suitable shipping document shall accompany each shipment and shall include the following: 3.3.1 Contract serial number 3.3.2 Contractor’s name and address 3.3.3 Department name and address 3.3.4 Department purchase order number 3.3.5 A description of product(s) shipped, including item number(s), quantity(ies), number of containers and package number(s), as applicable 3.3 SHIPPING TERMS Bid price(s) and terms shall be F.O.B. Destination Freight Prepaid at the location(s) stipulated on the purchase order. All delivery locations are within Maricopa County. 3.4 SAMPLES Contractor may be requested to furnish samples of material(s) bid to allow for examination by the County. Any materials so requested shall be furnished within 10 working days from the date of request and furnished at no cost to the County and sent to the address designated in the requesting correspondence. Samples become the property of the County upon receipt. SERIAL 210109-S 3.5 TESTING Unless otherwise specified, services and related materials purchased will be inspected by the department to ensure they meet the quality and quantity requirements of the specifications. When applicable and deemed necessary by the County, samples of the materials may be taken at random from stock received for submission to a commercial laboratory or other appropriate agency for analysis and tests to determine whether the materials conform in all respects to the specifications. In cases where commercial laboratory reports determine that the materials do not meet the specifications, the expense of such analysis shall be borne by the contractor. 3.6 ACCEPTANCE Upon completion, services shall be deemed accepted and the warranty period shall begin. Successful service delivery shall be defined as a) material(s)/equipment is installed (as necessary) and fully operational; and b) the department has deemed all service/work completed, including but not limited to any inspection, repair, installation, design, development, deployment, operation, and initial training, (as applicable). Additionally, all documentation shall be completed prior to final acceptance. 3.7 WARRANTY 3.7.1 All services furnished under this contract shall conform to the requirements of this contract. 3.7.2 Service and/or Repair Warranty 3.7.2.1 The warranty shall cover all parts and labor for a period of one year from formal acceptance by the County. Any manufacturer warranty beyond one year shall be passed on to the County. 3.7.2.2 Contractor shall indicate on the price sheet the duration of the warranty and any applicable limitations or conditions which may apply. 3.7.2.3 Contractor agrees that it will, at its own expense, provide all labor and parts required to remove, repair or replace, and reinstall any such defective workmanship and/or materials which becomes or is found to be defective during the term of this warranty. Contractor shall guarantee the services to be supplied comply with all applicable regulations. 3.8 USAGE REPORT 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. 3.9 BACKGROUND CHECK Bidders/proposers need to be aware that they may be required to pass multiple background checks (e.g. Sheriff’s Office, County Attorney's Office, Courts, as well as County general government) to determine if the respondent is acceptable to do business with the County. This applies to (but is not limited to) the company, subcontractors, and employees. 3.10 INVOICES AND PAYMENTS 3.10.1 Contractor shall submit one legible copy of their detailed invoice before payment(s) will be made. Incomplete invoices will not be processed. At a minimum, the invoice must provide the following information: SERIAL 210109-S • Company name, address, and contact information • County bill-to name and contact information • Contract serial number • County purchase order number • Invoice number and date • Payment terms • Date of service or delivery • Quantity (e.g., number of days or weeks) • Contract item number(s) • Arrival time and completion time (if applicable) • Description of purchase (product or services) • Pricing per unit of purchase • Extended price (by line item) • Total amount due 3.10.2 Commodities must be billed as a separate line item. 3.10.3 Problems regarding billing or invoicing shall be directed to the department as listed on the purchase order. 3.10.4 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 accessible through the County Department of Finance Vendor Registration website at https://www.maricopa.gov/5169/Vendor- Information. 3.10.5 Discounts offered in the contract shall be calculated based on the date a properly completed invoice is received by the County. 3.10.6 EFT payments to the routing and account numbers designated by the contractor shall include the details on the specific invoices that the payment covers. Contractor is required to discuss remittance delivery capabilities with their designated financial institution for access to those details. 3.11 APPLICABLE TAXES 3.11.1 It is the responsibility of the contractor to determine any and all applicable taxes and include those taxes in their proposal. The legal liability to remit the tax is on the entity conducting business in Arizona. Tax is not a determining factor in contract award. 3.11.2 The County will look at the price or offer submitted and will not deduct, add, or alter pricing based on speculation or application of any taxes, nor will the County provide contractor any advice or guidance regarding taxes. If you have questions regarding your tax liability, seek advice from a tax professional prior to submitting your bid. You may also find information at https://www.azdor.gov/Business.aspx. Once your bid is submitted, the offer is valid for the time specified in this solicitation, regardless of mistake or omission of tax liability. If the County finds over payment of a project due to tax consideration that was not due, the contractor will be liable to the County for that amount, and by contracting with the County agrees to remit any overpayments back to the County for miscalculations on taxes included in a bid price. 3.11.3 Tax Indemnification: Contractor and all subcontractors shall pay all Federal, State, and local taxes applicable to their operation and any persons employed by the contractor. Contractor shall, and require all subcontractors to, hold the County harmless from any responsibility for taxes, damages, and interest, if applicable, contributions required under Federal and/or State and local laws and regulations, SERIAL 210109-S and any other costs including: transaction privilege taxes, unemployment compensation insurance, Social Security, and Workers’ Compensation. Contractor may be required to establish, to the satisfaction of County, that any and all fees and taxes due to the City or the State of Arizona for any license or transaction privilege taxes, use taxes, or similar excise taxes are currently paid (except for matters under legal protest). 3.12 PERFORMANCE It shall be the contractor’s responsibility to meet the proposed performance requirements. The 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. 3.13 POST AWARD MEETING Contractor may be required to attend a post-award meeting with the department to discuss the terms, conditions and compliance of this contract. This meeting will be coordinated by the procurement officer of the contract. 3.14 STRATEGIC ALLIANCE FOR VOLUME EXPENDITURES (SAVE) The County is a member of the SAVE cooperative purchasing group. SAVE includes the State of Arizona, many Phoenix metropolitan area municipalities, and many K-12 unified school districts. Under the SAVE Cooperative Purchasing Agreement, and with the concurrence of the successful respondent under this solicitation, a member of SAVE may access a contract resulting from a solicitation issued by the County. If contractor does not want to grant such access to a member of SAVE, state so in the bid. In the absence of a statement to the contrary, the County will assume that contractor does wish to grant access to any contract that may result from this bid. The County assumes no responsibility for any purchases by using entities. 3.15 INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENTS (ICPAs) County currently holds ICPAs with numerous governmental entities. These agreements allow those entities, with the approval of the contractor, to purchase their requirements under the terms and conditions of the County contract. It is the responsibility of the non- County government entity to perform its own due diligence on the acceptability of the contract under its applicable procurement rules, processes, and procedures. Certain governmental agencies may not require an ICPA and may utilize this contract if it meets their individual requirements. Other governmental agencies may enter into a separate Statement of Work with the contractor to meet their own requirements. The County is not a party to any uses of this contract by other governmental entities. 4.0 CONTRACTUAL TERMS & CONDITIONS 4.1 CONTRACT TERM This Invitation for Bids is for awarding a firm, fixed-price purchasing contract to cover a term of one year. 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 five additional year(s), (or at the County’s sole discretion, extend the contract on a month-to-month basis for a maximum of six months after expiration). Contractor shall be notified in writing by the Office of Procurement Services of the County’s intention to renew the contract term at least 60 calendar days prior to the expiration of the original contract term. SERIAL 210109-S 4.3 CONTRACT COMPLETION In preparation for 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 the contractor that are 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 4.4.1 Any requests for reasonable price adjustments must be submitted 60 calendar days prior to the contract expiration. 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 will 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 updated version of the contract. 4.5 INDEMNIFICATION 4.5.1 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, 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. 4.5.2 Contractor's duty to defend, indemnify, and hold harmless the County, its agents, representatives, 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 therefrom, 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, anyone 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. 4.5.3 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 section. 4.5.4 The scope of this indemnification does not extend to the sole negligence of County. 4.6 INSURANCE 4.6.1 Contractor, at contractor’s own expense, shall purchase and maintain, at a minimum, the herein stipulated insurance from a company or companies duly licensed by the State of Arizona and possessing an AM Best, Inc. category rating of B++. In lieu of State of Arizona licensing, the stipulated insurance may be purchased from a company or companies, which are authorized to do business in the State of Arizona, provided that said insurance companies meet the approval of SERIAL 210109-S County. The form of any insurance policies and forms must be acceptable to County. 4.6.2 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. 4.6.3 In the event that the insurance required is written on a claims-made basis, contractor warrants that any retroactive date under the policy shall precede the effective date of this contract and either continuous coverage will be maintained, or an extended discovery period will be exercised for a period of two years beginning at the time work under this contract is completed. 4.6.4 Contractor’s insurance will be primary insurance as respects County, and any insurance or self-insurance maintained by County will not contribute to it. 4.6.5 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. 4.6.6 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. 4.6.7 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. 4.6.8 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. 4.6.9 If available, the insurance policies required by this contract may be combined with Commercial Umbrella Insurance policies to meet the minimum limit requirements. If a Commercial Umbrella insurance policy is utilized to meet insurance requirements, the Certificate of Insurance shall indicate which lines the Commercial Umbrella Insurance covers. 4.6.9.1 Commercial General Liability Commercial General Liability (CGL) insurance with a limit of not less than $2,000,000 for each occurrence, $4,000,000 Products/Completed Operations Aggregate, and $4,000,000 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. 4.6.9.2 Automobile Liability SERIAL 210109-S Commercial/Business Automobile Liability insurance with a combined single limit for bodily injury and property damage of not less than $2,000,000 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. 4.6.9.3 Workers’ Compensation 4.6.9.3.1 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. 4.6.9.3.2 Contractor, its subcontractors, and sub-subcontractors waive all rights against this 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 subcontractors, and its sub- subcontractors pursuant to this contract. 4.6.9.4 Errors and Omissions/Professional Liability Insurance Errors and Omissions (Professional Liability) insurance which will insure and provide coverage for errors or omissions or professional liability of the contractor, with limits of no less than $2,000,000 for each claim. 4.6.9.5 Certificates of Insurance 4.6.9.5.1 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. 4.6.9.5.2 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. 4.6.9.5.3 If a policy does expire during the life of the contract, a renewal certificate must be sent to County 15 calendar days prior to the expiration date. 4.6.9.6 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 30 calendar days prior written notice to Maricopa County. Contractor must provide notice to Maricopa County, within two business days of receipt, if they receive notice of a policy that has been SERIAL 210109-S 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 160 South 4th Avenue, Phoenix, AZ 85003, or emailed to the procurement officer noted in the solicitation. 4.7 FORCE MAJEURE 4.7.1 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, and interruption or failure of electricity or telecommunication service. 4.7.2 Each 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. 4.7.3 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. 4.8 ORDERING AUTHORITY Any request for purchase shall be accompanied by a valid purchase order issued by a County department or directed by a Certified Agency Procurement Aid (CAPA) with a purchase card for payment. 4.9 AVAILABILITY OF FUNDS 4.9.1 The provisions of this contract relating to payment shall become effective when funds assigned for the purpose of compensating the contractor as herein provided are actually available to County for disbursement. The County will be the sole judge and authority in determining the availability of funds under this contract. County will keep the contractor fully informed as to the availability of funds. 4.9.2 If any action is taken by any State agency, Federal department, or any other agency or instrumentality to suspend, decrease, or terminate its fiscal obligations under, or in connection with, this contract, County may amend, suspend, decrease, or terminate its obligations under, or in connection with, this contract. In the event of termination, County will be liable for payment only for services rendered prior to the effective date of the termination, provided that such services are performed in accordance with the provisions of this contract. County will give written notice of the effective date of any suspension, amendment, or termination under this section, at least 10 days in advance. SERIAL 210109-S 4.10 PROCUREMENT CARD ORDERING CAPABILITY County may opt to use a procurement card (VISA or Mastercard) to make payment for orders under this contract. 4.11 NO MINIMUM OR MAXIMUM PURCHASE OBLIGATION This contract does not guarantee any minimum or maximum purchases will be made. Orders will only be placed under this contract when the County identifies a need and proper authorization and documentation have been approved. 4.12 PURCHASE ORDERS 4.12.1 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 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, or for shipment of product prior to issuance of purchase order. 4.12.2 Contractor agrees to accept verbal notification of cancellation of purchase orders from the County with written notification to follow. Contractor specifically acknowledges to be bound by this cancellation policy. 4.13 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. 4.14 STOP WORK ORDER 4.14.1 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 calendar 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 calendar days after a stop work order is delivered to the contractor, or within any extension of that period to which the parties shall have agreed, the procurement officer shall either: 4.14.2 cancel the stop work order; or 4.14.3 terminate the work covered by the order as provided in the Termination for Default or the Termination for Convenience clause of this contract. 4.14.4 The procurement officer may make an equitable adjustment in the delivery schedule and/or contract price, 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. SERIAL 210109-S 4.15 TERMINATION FOR CONVENIENCE Maricopa County may terminate the resultant contract for convenience by providing 60 calendar days advance notice to the contractor. 4.16 TERMINATION FOR DEFAULT 4.16.1 The County may, by written Notice of Default to the contractor, terminate this contract in whole or in part if the contractor fails to: 4.16.1.1 deliver the supplies or to perform the services within the time specified in this contract or any extension; 4.16.1.2 make progress, so as to endanger performance of this contract; or 4.16.1.3 perform any of the other provisions of this contract. 4.16.2 The County’s right to terminate this contract under these subparagraphs may be exercised if the contractor does not cure such failure within 10 business days (or more if authorized in writing by the County) after receipt of a Notice to Cure from the procurement officer specifying the failure. 4.17 STATUTORY RIGHT OF CANCELLATION FOR CONFLICT OF INTEREST Notice is given that, pursuant to Arizona Revised Statute (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. 4.18 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. 4.19 SUBCONTRACTING 4.19.1 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 or project. 4.19.2 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. SERIAL 210109-S 4.20 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. 4.21 ADDITIONS/DELETIONS OF SERVICES The County reserves the right to add and/or delete services to a contract. If additional services are required from a contract, prices for such additions will be negotiated between the contractor and the County. 4.22 RIGHTS IN DATA 4.22.1 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. 4.22.2 Data, records, reports, and all other information generated for the County by a third party as the result of a contract are the property of the County and shall be provided in a format designated by the County or shall be and remain accessible to the County into perpetuity. 4.23 ACCESS TO AND RETENTION OF RECORDS FOR THE PURPOSE OF AUDIT AND/OR OTHER REVIEW 4.23.1 In accordance with Section MC1-374 of the Maricopa County Procurement Code, the contractor agrees to retain (physical or digital copies of) all books, records, accounts, statements, reports, files, and other records and back-up documentation relevant to this contract for six years after final payment or until after the resolution of any audit questions which could be more than six 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. 4.23.2 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. 4.24 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. 4.25 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. SERIAL 210109-S 4.26 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. 4.27 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. 4.28 RELATIONSHIPS 4.28.1 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. 4.28.2 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. 4.29 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 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. (Arizona Executive Order 2009-09 can be downloaded from the Arizona Memory Project at http://azmemory.azlibrary.gov/cdm/singleitem/collection/execorders/id/680/rec/1.) 4.30 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. 4.31 CERTIFICATION REGARDING DEBARMENT AND SUSPENSION 4.31.1 The undersigned (authorized official signing on behalf of the contractor) certifies to the best of his or her knowledge and belief that the contractor, its current officers, and directors: 4.31.1.1 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; 4.31.1.2 have not within a three-year period preceding this contract: 4.31.1.2.1 been convicted of fraud or any criminal offense in connection with obtaining, attempting to obtain, or as the SERIAL 210109-S result of performing a government entity (Federal, State or local) transaction or contract; 4.31.1.2.2 been convicted of violation of any Federal or State antitrust statutes 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; 4.31.1.3 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; 4.31.1.4 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 4.31.1.5 have not within a three-year period preceding this contract had any public transaction (Federal, State or local) terminated for cause or default. 4.31.2 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. 4.31.3 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. 4.32 VERIFICATION REGARDING COMPLIANCE WITH A.R.S. § 41-4401 AND FEDERAL IMMIGRATION LAWS AND REGULATIONS 4.32.1 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). 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. 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 www.uscis.gov. 4.32.2 The County retains the legal right to inspect documents of contractor and subcontractor employees performing work under this contract to verify compliance with paragraph 4.32.1 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 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 SERIAL 210109-S for default, and suspension and/or debarment of the contractor. All costs necessary to verify compliance are the responsibility of the contractor 4.33 CONTRACTOR LICENSE REQUIREMENT 4.33.1 Contractor shall procure all permits, insurance, and licenses, and pay the charges and fees necessary and incidental to the lawful conduct of his/her business, and as necessary complete any requirements, by any and all governmental or non- governmental entities as mandated to maintain compliance with and remain in good standing. Contractor shall keep fully informed of existing and future trade or industry requirements, and 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 department of any and all changes concerning permits, insurance, or licenses. 4.33.2 Contractor 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 obtain and possess the required licenses by subcontracting of the labor portion of the contract. Contractors are advised to contact the Arizona Registrar of Contractors, Chief of Licensing, to ascertain licensing requirements for a particular contract. Contractor shall identify which license(s), if any, the Registrar of Contractors requires for performance of the contract. 4.34 INFLUENCE 4.34.1 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. 4.34.2 An attempt to influence includes, but is not limited to: 4.34.2.1 A person offering or providing a gratuity, gift, tip, present, donation, money, entertainment or educational passes or tickets, or any type of valuable contribution or subsidy 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. 4.34.3 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. 4.34.4 ABSOLUTELY NO CONTACT BETWEEN THE RESPONDENT AND ANY COUNTY PERSONNEL, OTHER THAN THE OFFICE OF PROCUREMENT SERVICES, IS ALLOWED DURING THE SOLICITATION PROCESS UNLESS THE COMMUNICATION IS IN REGARD TO PRE-EXISTING BUSINESS WITH THE COUNTY. ANY COMMUNICATIONS REGARDING THE SOLICITATION, ITS PARTICIPANTS, OR ANY DOCUMENTATION PRIOR TO THE CONTRACT AWARD MAY BE GROUNDS FOR DISMISSAL OF THE RESPONDENT FROM THE EVALUATION PROCESS. 4.35 CONFIDENTIALITY In the course of the solicitation process, the County may disclose information that is proprietary or confidential. By submitting a bid 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 SERIAL 210109-S 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. 4.36 CONFIDENTIAL INFORMATION 4.36.1 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. 4.36.2 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. 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 15 business days of the written request to do so. 4.36.3 Any requests to the contractor for County proprietary or confidential information shall be referred to the County for review and approval, prior to any dissemination. 4.37 PUBLIC RECORDS Under Arizona law, all offers submitted and opened are public records and must be retained by the records manager at the Maricopa County 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. 4.38 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, expressed, or implied. 4.39 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. 4.40 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, Phoenix, Arizona. ITEM 8. H. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 04/19/2022 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda                  Submitting Department: Administration Prepared by: Grady E. Miller, Town Manager Staff Contact Information: Grady E. Miller, Town Manager Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION AND POSSIBLE ACTION: on proposed policy suggestions to submit to the policy committees of the Arizona League of Cities and Towns for consideration by the Resolutions Committee. Staff Summary (Background) The Arizona League of Cities and Towns has requested its member agencies to identify policy issues for consideration by the League's various policy committees.  The policy committees will review the submitted policy issues and make recommendations on their future development.  Some of these issues will then go before the Resolutions Committee as formal resolutions for the League's legislative agenda.  Other issues may become part of a non-legislative solution.    Attached is a document from the Arizona League of Cities and Towns that describes the resolutions process and includes a Policy Issue Submittal Form.  At the Town Council meeting on April 19, 2022, it is requested that the Mayor and Council identify and provide policy proposals to staff that can be submitted to the Arizona League of Cities and Towns.  Policy submissions will generally consist of changes to state law to make it possible for cities and towns to be more effective in serving our residents, but can also include policy recommendations that can be accomplished through model local ordinances, best practices, or other methodologies.  The deadlines to submit the policy ideas are Tuesday, April 26 and Tuesday, May 31, so that the committees have sufficient time to discuss and take action on the proposals to forward to the Resolutions Committee.   Based on the Town Council's adopted 2022 Legislative Policy Agenda and Town Council positions on bills taken during the 2022 session of the Arizona State Legislature, the Town Council may wish to consider submitting one or more of the following policy suggestions:    Restoring or providing more local regulatory authority on short-term rentals Preserving local control Discouraging state laws from preempting local governments 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 respectfully requests the Town Council to provide policy ideas for consideration by the Resolutions Committee of the League of Arizona Cities and Towns. SUGGESTED MOTION MOVE to APPROVE the following policy ideas for submittal to the Arizona League of Cities and Towns for consideration by the Resolutions Committee: ____________________________________________; and ____________________________________________; and ____________________________________________ Attachments League Policy Process  Policy Committee Meeting Dates and Deadlines  Policy Committee Membership  Form Review Inbox Reviewed By Date Finance Director David Pock 04/11/2022 06:38 AM Town Attorney Aaron D. Arnson 04/11/2022 09:16 AM Town Manager (Originator)Grady E. Miller 04/11/2022 10:01 AM Form Started By: Grady E. Miller Started On: 04/06/2022 07:21 PM Final Approval Date: 04/11/2022  1 League of Arizona Cities and Towns Policy Committees and Resolutions Process Overview 2022 Overview The Policy Committee framework was established to give city and town elected officials and staff the opportunity to provide direction and expertise on proposed policy issues that come to the League. After submitted policy issues are discussed and vetted in the appropriate policy committee, they may become a League Resolution, be referred for further study or they may have a non-legislative solution. Issues must be submitted by the deadlines set forth each year. This gives the committee members and League staff ample time to study the issues and formulate solutions. If the committee recommends that the issue should be developed into a League Resolution, the issue must be provided to all cities and towns before the League Annual Conference in August/September so that individual cities and towns may consider them prior to the Resolutions Committee Meeting. To adhere to this schedule, all policy issues must be submitted no later than a week before the policy committees meet. Policy Committee Membership The Policy Committee chairs are members of the Executive Committee and are selected by the President of the League. The chairs will select their membership based on applications. Municipal elected officials and staff are eligible to apply for a position on a Policy Committee by submitting their interest to: resolutions@azleague.org. In addition, an individual city or town may have only one vote on each committee; and only elected officials can vote on the direction of the policy issue. Staff may participate in the discussion and offer their expertise but cannot vote on the proposal. Committee membership is for one year, but members may re-apply to a committee for another term. Submission of Policy Issues Cities and towns may submit policy issues any time of the year. The Policy Committee to which the issue is assigned will decide if the issue becomes a formal resolution. The Vice President of the League assigns policy submissions to one or more policy committees. To submit your policy issue, please use the special form provided by the League below. 2 Policy Committee Actions Policy Committees will meet in May and June. The meetings are open for anyone to attend, however only one elected official from each city on that committee may vote. The committee may choose to advance the policy submission as a formal resolution, assign the submission to further study, or propose a non-legislative solution. Outside experts may be invited to provide additional input. The sponsoring city or town is responsible to present their case for their submission at the policy committee. Each chair shall prepare a report of their activities and the formal resolutions to the full Resolutions Committee as a part of the Annual Conference packet. In addition, each Committee Chair shall provide a verbal report to the Resolutions Committee. Only resolutions put forward by the Policy Committees will be voted on at the Resolutions Committee during the Annual Conference. Resolutions Committee Each member city or town shall receive a Resolutions Packet in preparation for the Annual Conference and shall have a seat at the committee with either the mayor or a council member as their voting representative. The Policy Committee chairs shall provide their reports and the Resolutions Chair shall facilitate the meeting. The sponsoring city/town may be called upon to provide additional information on a Resolution. Resolutions adopted at the Resolutions Committee will be forwarded to the Annual Business Meeting for formal ratification. Municipal Policy Statement The adopted resolutions become the basis of the Municipal Policy Statement, the League’s legislative priorities for the following legislative session. The statement is used to educate legislators on the League’s highest priorities for that year. 3 Policy Issue Submittal Form Please use this form to submit your policy issue. The issue will be vetted by the relevant Policy Committee, and may become a formal Resolution, or may go on for further discussion with a non-legislative solution. Guidelines There are two types of resolutions: 1)Statements requesting a specific action, such as requesting that the Legislature enact a statute relating to a zoning issue. 2)Statements of general policy direction, such as supporting increases for transportation funding. The resolutions process is designed for issues that impact a broad cross section of cities and towns. Single city/town issues are not generally part of the League’s overall agenda. Policy Issue Please state the problem or issue. Please state the solution you are promoting for your issue. 1 The League Policy Committees with Meeting and Submittal Deadlines 2022 League Policy Committees have been scheduled and will begin in May. Participation on any of the five policy committees are your opportunity to be involved in policy development resulting in League Resolutions for cities and towns. Resolutions adopted at the Annual Conference provide direction for our legislative program the following year. All mayors, council members and city staff may participate on any committee. The League Policy Committees will be meeting on the following dates: All policy committees will be held via Zoom conference call. Budget, Finance and Economic Development (BFED) Chair: Mayor Kevin Hartke, Chandler • May 3, 2022 – 2:00 pm to 4:00 pm • June 7, 2022 – 2:00 pm to 4:00 pm General Administration, Human Resources and Elections (GAHRE) Chair: Mayor Alexis Hermosillo, El Mirage • May 4, 2022 – 10:00 am to 12:00 pm • June 7, 2022 – 10:00 am to 12:00 pm Transportation, Infrastructure and Public Works (TIPW) Chair: Mayor Christian Price, Maricopa • May 5, 2022 – 2:00 pm to 4:00 pm • June 8, 2022 – 2:00 pm to 4:00 pm 2 Public Safety, Military Affairs and the Courts (PSMAC) Chair: Mayor Tom Murphy, Sahuarita • May 5, 2022 – 10:00 a.m. to 12:00 p.m. • June 9, 2022 – 10:00 am to 12:00 noon Neighborhoods, Sustainability and Quality of Life (NSQL) Chair: Mayor Sandy Moriarty, Sedona • May 3, 2022 – 10:00 am to 12:00 pm • June 8, 2022 – 10:00 am to 12:00 pm Policy Issue Submittal Deadlines: All Policy Issues must be submitted by the deadlines. Policy Issue Submittal Deadline for all May Policy Meetings: Tuesday, April 26 Policy Issue Submittal Deadline for all June Policy Meetings: Tuesday, May 31 If you are a member of a Policy Committee and want to remain on that committee, you must notify the League staff member assigned to your committee. If you are not currently on a committee or wish to serve on a different or additional committee, please let the League staff know of your interest by emailing resolutions@azleague.org. 2022 League Policy Committees Name City/Town Email Committee Mayor Kevin Hartke, Chair Chandler kevin.hartke@chandleraz.gov BFED Voting Members (Elected): Councilmember Braden Biggs Apache Junction bbiggs@apachejunctionaz.gov BFED Councilmember Curtis Nielson Avondale Cnielson@avondaleaz.gov BFED Councilmember Michelle Hess Buckeye mrhess@buckeyeaz.gov BFED Mayor Dee Jenkins Camp Verde dee.jenkins@campverde.az.gov BFED Councilmember Matt Herman Casa Grande mherman@casagrandeaz.gov BFED Mayor Paul Deasy Flagstaff paul.deasy@flagstaffaaz.gov BFED Mayor Tara Walter Florence tara.walter@florenceaz.gov BFED Councilmember Sharron Grzybowski Fountain Hills sgrzbowski@fh.az.gov BFED Councilmember Scott September Gilbert scott.september@gilbertaz.gov BFED Councilmember Joyce Clark Glendale jclark@glendaleaz.com BFED Councilmember Jesse Leetham Globe Jesse.leetham@globeaz.gov BFED Councilmember Joe Pizzillo Goodyear joe.pizzillo@goodyearaz.gov BFED Mayor Cal Sheehy Lake Havasu City mayor@lhcaz.gov BFED Vice Mayor Nancy Smith Maricopa Nancy.Smith@maricopa-az.gov BFED Councilmember Kevin Thompson Mesa councilmember.thompson@mesaaz.gov BFED Councilmember Frank Savino Parker fsavino47@yahoo.com BFED Councilmember Phil Goode Prescott phil.goode@prescott-az.gov BFED Vice Mayor Loretta Warner Quartzsite loretta.warner@quartzsiteaz.org BFED Councilmember Jeff Brown Queen Creek jeff.brown@queencreek.org BFED Councilmember Julia Wheatley (Alternate)Queen Creek julia.wheatley@queencreek.org BFED Councilmember Tammy Caputi Scottsdale tcaputi@scottsdaleaz.gov BFED Mayor Sandy Moriarty Sedona smoriarty@sedonaaz.gov BFED Councilmember Carolyn Umphrey Sierra Vista Carolyn.Umphrey@SIERRAVISTAAZ.GOV BFED Councilmember Chris Judd Surprise chris.judd@surpriseaz.gov BFED Councilmember Jack Hastings (alternate)Surprise Jack.Hastings@surpriseaz.gov BFED Vice Mayor Brady Harris Tusayan Brady.Harris@tusayan-az.gov BFED Non-Voting Members: Tracie Hlavinka, Town Manager Clarkdale Tracie.Hlavinka@clarkdale.az.gov BFED Jess Knudson, City Manager Lake Havasu City knudsonj@lhcaz.gov BFED Jim Ferguson, Town Manager Quartzsite jim.ferguson@quartzsiteaz.org BFED Missy Gunter, Management Specialist Queen Creek missy.gunter@queencreek.org BFED Ken Jones, Deputy City Manager - CFO Tempe Ken_Jones@Tempe.gov BFED Philip Rodriguez, City Administrator Yuma Philip.Rodriguez@YumaAz.Gov BFED Budget, Finance and Economic Development (BFED) Page 1 2022 League Policy Committees Name City/Town Email Committee Mayor Alexis Hermosillo, Chair El Mirage ahermosillo@elmirageaz.gov GAHRE Voting Members (Elected): Councilmember Mark Stewart Chandler mark.stewart@chandleraz.gov GAHRE Mayor Robyn Prud’homme-Bauer Clarkdale robyn.prudhomme-bauer@clarkdale.az.gov GAHRE Mayor Brigette Peterson Gilbert Brigette.Peterson@gilbertaz.gov GAHRE Mayor Georgia Lord Goodyear georgia.lord@goodyearaz.gov GAHRE Councilmember Frank Savino Parker fsavino47@yahoo.com GAHRE Councilmember Barbara Underwood Payson bunderwood@paysonaz.gov GAHRE Councilmember Kaey Amon Quartzsite karey.amon@quartazsiteaz.org GAHRE Councilmember Jeff Brown Queen Creek jeff.brown@queencreek.org GAHRE Councilmember Jon Thompson Sedona jthompson@sedonaaz.gov GAHRE Non-Voting Members: Sue Stein, City Clerk Bullhead City sstein@bullheadcityaz.gov GAHRE Sharon Antes, City Clerk El Mirage santes@elmirageaz.gov GAHRE Elizabeth A. Burke, Town Clerk Fountain Hills eburke@fh.az.gov GAHRE Terri Roth, City Clerk Litchfield Park troth@litchfield-park.org GAHRE Missy Gunter, Management Specialist Queen Creek missy.gunter@queencreek.org GAHRE Tadeo A. De La Hoya, City Administrator San Luis tdelahoya@sanluisaz.gov GAHRE Carla Reece, City Clerk Tempe Carla_Reece@tempe.gov GAHRE Lynda Bushong, City Clerk Yuma Lynda.Bushong@YumaAz.Gov GAHRE General Administration, Human Resources and Elections (GAHRE) Page 2 2022 League Policy Committees Name City/Town Email Committee Mayor Christian Price, Chair Maricopa christian.price@maricopa-az.gov TIPW Voting Members (Elected): Councilmember Jackie Baker Camp Verde jackie.baker@campverde.az.gov TIPW Councilmember Tony Geiger Carefree TonyGeiger@Carefree.org TIPW Mayor Craig McFarland Casa Grande craig_mcfarland@casagrandeaz.gov TIPW Councilmember Bill Regner Clarkdale bill.regner@clarkdale.az.gov TIPW Councilmember Dan Snyder Eloy dsnyder@eloyaz.gov TIPW Councilmember Mike Scharnow Fountain Hills mscharnow@fh.az.gov TIPW Councilmember Yung Koprowski Gilbert yung.koprowski@gilbertaz.gov TIPW Councilmember Ray Malnar Glendale rmalnar@glendaleaz.com TIPW Councilmember Laura Kaino Goodyear laura.kaino@goodyearaz.gov TIPW Councilmember Vincent Manfredi (Alternate) Maricopa Vincent.Manfredi@Maricopa-AZ.gov TIPW Councilmember Kevin Thompson Mesa councilmember.thompson@mesaaz.gov TIPW Councilmember Brian Carey Page bcarey@pageaz.gov TIPW Councilmember Frank Savino Parker fsavino47@yahoo.com TIPW Councilmember Brenda Dickinson Prescott Valley bdickinson@pvaz.net TIPW Councilmember Steve Schue Quartzsite steve.schue@quartzsiteaz.org TIPW Councilmember Jeff Brown Queen Creek jeff.brown@queencreek.org TIPW Councilmember Julia Wheatley (Alternate)Queen Creek julia.wheatley@queencreek.org TIPW Councilmember Matias Rosales San Luis mrosales@sanluis.gov TIPW Vice Mayor Scott Jablow Sedona sjablow@sedonaaz.gov TIPW Councilmember Roland F. Winters Jr.Surprise Roland.Winters@surpriseaz.gov TIPW Councilmember Jennifer Adams Tempe jennifer_adams@tempe.gov TIPW Vice Mayor Brady Harris Tusayan Brady.Harris@tusayan-az.gov TIPW Non-Voting Members: Missy Gunter, Management Specialist Queen Creek missy.gunter@queencreek.org TIPW Heath H. Brown, Town Manager Thatcher hbrown@thatcher.az.gov TIPW Transportation, Infrastructure and Public Works (TIPW) Page 3 2022 League Policy Committees Name City/Town Email Committee Mayor Tom Murphy, Chair Sahuarita tmurphy@sahuaritaaz.gov PSMAC Voting Members (Elected) Councilmember Bryan kilgore Avondale bkilgore@avondaleaz.gov PSMAC Councilmember Donna McBride Casa Grande donna_mcbride@casagrandeaz.gov PSMAC Vice Mayor Terry Roe Chandler terry.roe@chandleraz.gov PSMAC Councilmember Tom Armstrong Chino Valley tarmstrong@chinoaz.net PSMAC Vice Mayor Andrew Rodriguez Eloy arodriguez@eloyaz.gov PSMAC Mayor Tara Walter Florence tara.walter@florenceaz.gov PSMAC Councilmember David Spelich Fountain Hills dspelich@fh.az.gov PSMAC Councilmember Kathy Tilque Gilbert Kathy.Tilque@gilbertaz.gov PSMAC Councilmember Wally Campbell Goodyear wally.campbell@goodyearaz.gov PSMAC Councilmember Henry M Wade Jr.Maricopa henry.wade@maricopa-az.gov PSMAC Councilmember Mark Freeman Mesa councilmember.freeman@mesaaz.gov PSMAC Mayor Joseph C. Winfield Oro Valley jwinfield@orovalleyaz.gov PSMAC Councilmember Rick Yanke Page ryanke@pageaz.gov PSMAC Councilmember Ellen Andeen Paradise Valley eandeen@paradisevalleyaz.gov PSMAC Councilmember Starr BearCat Quartzsite starr.bearcat@quartzsiteaz.org PSMAC Councilmember Julia Wheatley Queen Creek julia.wheatley@queencreek.org PSMAC Councilmember Simon Davis Sahuarita sdavis@sahuaritaaz.gov PSMAC Vice Mayor Bett Janik Scottsdale bjanik@scottsaleaz.gov PSMAC Councilmember Tom Lamkin Sedona tlamkin@sedonaaz.gov PSMAC Mayor Pro Tem Rachel Gray Sierra Vista rachel.gray@sierravistaaz.gov PSMAC Vice Mayor Martha Garcia Somerton marthagarcia@somertonaz.gov PSMAC Councilmember Jack Hastings Surprise Jack.Hastings@surpriseaz.gov PSMAC Vice Mayor Randy Keating Tempe randy_keating@tempe.gov PSMAC Non-Voting Members Byron Gwaltney, Police Lt.Eloy bgwaltney@eloyaz.gov PSMAC Micah Gaudet, Town Manager Miami mgaudet@miamiaz.gov PSMAC Heather Wilkey, Intergovernmental Relations Mgr Queen Creek heather.wilkey@queencreek.org PSMAC Missy Gunter, Management Specialist Queen Creek missy.gunter@queencreek.org PSMAC Public Safety, Military Affairs and the Courts (PSMAC) Page 4 2022 League Policy Committees Name City/Town Email Committee Mayor Sandy Moriarty, Chair Sedona smoriarty@sedonaaz.gov NSQL Voting Members (Elected) Councilmember Veronica Malone Avondale vmalone@avondaleaz.gov NSQL Councilmember Cris McPhail Camp Verde cris.mcphail@campverde.az.gov NSQL Mayor Robyn Prud’homme-Bauer Clarkdale robyn.prudhomme-bauer@clarkdale.az.gov NSQL Councilmember Eric Daniels Coolidge edaniels@coolidgeaz.com NSQL Vice Mayor Monica Dorcey El Mirage mdorcey@elmirageaz.gov NSQL Councilmember Sara Curtis Eloy scurtis@eloyaz.gov NSQL Vice Mayor Becky Daggett Flagstaff Becky.Daggett@flagstaffaz.gov NSQL Councilmember Peggy McMahon Fountain Hills pmcmahon@fh.az.gov NSQL Councilmember Scott Anderson Gilbert scott.anderson@gilbertaz.gov NSQL Councilmember Sheri Lauritano Goodyear sheri.lauritano@goodyearaz.gov NSQL Councilmember Amber Liermann Maricopa amber.liermann@maricopa-az.gov NSQL Councilmember Jenn Duff Mesa Councilmember.duff@mesaaz.gov NSQL Concilmember Tim Bohen Oro Valley tbohen@orovalleyaz.gov NSQL Councilmember David Auge Page dauge@pageaz.gov NSQL Mayor Jerry Bien-Willner Paradise Valley jbienwillner@paradisevalleyaz.gov NSQL Councilmember Julie Pace (alternate)Paradise Valley jpace@paradisevalleyaz.gov NSQL Vice Mayor Lori Hunt Prescott Valley lhunt@pvaz.net NSQL Councilmember Lynda Goldberg Quartzsite lynda.goldberg@quartzsiteaz.org NSQL Councilmember Robin Benning Queen Creek robin.benning@queencreek.org NSQL Councilmember Jeff Brown (Alternate)Queen Creek jeff.brown@queencreek.org NSQL Councilmember Solange Whitehead Scottsdale swhitehead@scottsdaleaz.gov NSQL Councilmember Holli Ploog (Alternate)Sedona hploog@sedonaaz.gov NSQL Vice Mayor Martha Garcia Somerton marthagarcia@somertonaz.gov NSQL Councilmember Lauren Kuby Tempe Lauren_Kuby@tempe.gov NSQL Councilmember Jennifer Adams (alternate)Tempe jennifer_adams@tempe.gov NSQL Vice Mayor Samantha Crisp Winslow scrisp@winslowaz.gov NSQL Deputy Mayor Leslie McClendon Yuma Leslie.McClendon@YumaAz.Gov NSQL Non-Voting Members Tracie Hlavinka, Town Manager Clarkdale Tracie.Hlavinka@clarkdale.az.gov NSQL Heather Wilkey, Intergovernmental Relations Mgr Queen Creek heather.wilkey@queencreek.org NSQL Missy Gunter, Management Specialist Queen Creek missy.gunter@queencreek.org NSQL Jason Nau, Director of Parks & Recreation Yuma Jason.Nau@YumaAz.Gov NSQL Neighborhoods, Sustainability and Quality of Life (NSQL) Page 5 ITEM 8. I. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 04/19/2022 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda                  Submitting Department: Administration Prepared by: Elizabeth A. Klein, Town Clerk Staff Contact Information: Request to Town Council Regular Meeting (Agenda Language):  DISCUSSION WITH POSSIBLE DIRECTION 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.  The goal of this agenda item is to obtain consensus from the Mayor and Council on legislative bills and to provide direction, if any, to staff to communicate the Town's position on the bills.  Each Council meeting the Legislative Bulletin will be attached to the Town Council agenda which will include legislative analyses 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.   Last November the Town Council approved the 2022 Legislative Policy Agenda which identified the major legislative priorities of the Town Council. The 2022 Legislative Policy Agenda document and the most recent Legislative Bulletins will also be included during the 2022 Legislative Session. Related Ordinance, Policy or Guiding Principle Council adopted 2022 Legislative Policy Agenda 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 2022 Legislative Policy Agenda  Bulletin - Issue 11  Bulletin - Issue 12  Form Review Form Started By: Elizabeth A. Klein Started On: 04/13/2022 10:39 AM Final Approval Date: 04/13/2022  1 2022 State Legislative Agenda The Town Council of Fountain Hills Prepared by Jack W Lunsford The Lunsford Group 2 Mission To enrich and provide an active quality of life for all residents and visitors through proactive community engagement, resolute stewardship of amenities and open spaces, and the enhancement of the overall health and well-being of our town. Strategic Priorities The Fountain Hills Strategic Plan is based on the following key goals or strategic priorities: Maximizing Economic Development Opportunities in Fountain Hills o Ensuring that Infrastructure in Fountain Hills is Well-Maintained and Safe o Attracting Families and Working Professionals o Ensuring that Fountain Hills Finances are Stable and Sustainable o Focusing on Strengthening the Community and Improving the Town’s Quality of Life 2022 Legislative Resolutions League of Arizona Cities and Towns (Endorsed and Supported)  AMEND state statute to specify a period when cities and towns may prohibit the use of permissible fireworks and modify definitions of illegal and permissible fireworks.  AMEND statute to allow cities and towns to amend their budgets after the initial budget has passes while following notice and hearing statutes and with strong oversight and approval requirements.  SEEK legislative and/or non-legislative solutions, working with housing and homeless advocates, the Department of Housing, and state legislators, to provide local governments, regional partners, and continuum of care providers additional resources to combat street homelessness in our communities.  SIMPLIFY the statutory mechanisms to dissolve water and wastewater districts once an area incorporates or gets annexed to relieve the tax burden on the citizens, if the town or town provides the same service that had been performed by the district, or the district service is no longer needed. 3 Town of Fountain Hills 2022 State Legislative Agenda CORE PRINCIPLES Preserve Local Funding PROTECT State-Shared Revenues – Arizona voters have prohibited municipalities from collecting a local income tax and luxury taxes and, in exchange, have authorized the establishment of an urban revenue-sharing distribution of state income taxes to municipal governments. Currently that percentage is 15%, however in 2021 the Legislature passed SB1828 which increased revenue-share percentage to 18%, effective in fiscal year 2023-2024. SB1828 is now on hold pending a final ruling from the Arizona Supreme Court as to the constitutionality of this and other 2021 legislative actions and, depending on the outcome, this could put pressure on the Arizona Legislature to revisit the provisions of the new law. Preserve Local Control OPPOSE Preemption of Local Authority – The Town strives to preserve local control so that its citizens can self-govern in their best interest. Every legislative session legislation is proposed that creates unfunded mandates on cities and towns and/or preempts the ability of municipal councils to set policy through ordinances and regulations at the local level which are in the best interest of their citizens and taxpayers. Often times this is a “one-size-fits-all” legislative approach that doesn’t consider the differences in municipalities or the priorities of the residents. Such efforts should be opposed. 2021 Key Positions  PRESERVE the current minimum urban revenue sharing percentage for cities and towns at 15%.  OPPOSE legislation to modify or expand legislative authority to seek SB1487 investigations by legislators pertinent to municipal authorities and to expand any applicable penalties.  SUPPORT legislation addressing the negative impacts short-term rental properties can have on adjacent properties and neighborhoods.  SUPPORT legislation that at a minimum will prohibit, on all days, the use of permissible consumer fireworks between the hours of 10:00 PM and 8:00 AM. 4 LEGISLATIVE POLICY STATEMENTS LOCAL GOVERNMENT  OPPOSE legislation to modify or expand legislative authority to seek SB1487 investigations by legislators pertinent to municipal authority and to expand any penalties.  SUPPORT legislation that further limits SB1487 provisions.  OPPOSE legislation that creates unfunded mandates for municipalities.  SUPPORT legislation on political signs to comply with Reed v. Town of Gilbert U.S. Supreme Court decision. LOCAL GOVERNMENT FINANCE  OPPOSE legislation that reduces or negatively impacts the collection of transaction privilege tax (TPT), State Shared Revenues, or other local revenues.  OPPOSE changing the imposition of construction sales taxes to “materials only” or other methods that do not equitably return those revenues to where the construction activity occurs. NEIGHBORHOODS and QUALITY OF LIFE ISSUES  SUPPORT legislation providing additional tools and remedies for municipalities to regulate short-term rentals in their communities.  OPPOSE legislation that would limit or curtail the Town’s current zoning authority, particularly in residential areas.  OPPOSE legislation that would prohibit or eliminate the transaction privilege tax on the renting or leasing of real property for residential purposes.  OPPOSE legislation that preempts a city or town from establishing or enforcing its ordinances regulating tobacco, vapor, or alternative nicotine products. 5 PUBLIC SAFETY  OPPOSE legislation that negatively impacts the Town’s Fire Code or its ability to enforce its Fire Code provisions.  OPPOSE legalizing additional fireworks or other changes that would increase the risk of fires to businesses, neighborhoods, residents and the McDowell Mountain Preserve.  PRESERVE local control authority that allows cities and towns to regulate the use and discharge of firearms within municipal boundaries. TRANSPORTATION  SUPPORT extension of ½-cent sales tax to support regional transportation projects in Maricopa County.  SUPPORT the continued viability of Highway Users Revenue Fund (HURF) funding to cities and towns. AZ League Legislative Bulletin: Issue 10 –March 18, 2022 Legislative Update: Today is the 68th day of the legislative session. Next week’s agendas are lengthier as it is the last opportunity to consider bills in committee. Bills that do not pass committee in the opposite chamber will ultimately not move forward. Lawmakers are scrambling to ensure measures clear this hurdle. There were speculations of a special session on tax cuts earlier in the week. While the Legislature could call themselves into special session, one to enact a repeal and replace the previous year’s tax cuts would require the Governor to issue the call as lawmakers are unlikely to reach the vote threshold needed to call themselves into special session. Another matter on the table is an issue related to precinct committeemen (PC) elections. HB 2839, an emergency measure that was fast-tracked a few weeks ago to bring clarity to the number of signatures required for candidate nominations, passed unanimously and has already been signed into law. The measure included provisions that would temporarily eliminate elections for precinct committeemen due to the delay and complications from the census. Republican PCs are asking lawmakers to undo the changes made in HB 2839 and restore local PC elections. Undoing the law, however, would require a two-thirds vote from each chamber for the bill to become effective immediately. There is speculation that lawmakers will consider this issue as a topic to address during a special session, among other topics including water and elections issues. Lobbying Prohibition SB 1166 public employers; union contracts was considered in House Commerce on Tuesday. As passed by the Senate, the measure included provisions that could have prohibited cities and towns from hiring representation to advocate for their community’s interests with their state and federal elected leaders. The bill would have also prevented organizations like the League from advocating on behalf of municipal interests. SB 1166 was amended to address our concerns and we thank the sponsor of the bill, Senator Vince Leach (R-Tucson) for working with us. Heritage Fund SB 1270 state parks; lottery; heritage fund sponsored by Senator T.J. Shope (R- Coolidge) annually appropriates $3 million from the State Lottery Fund to the Heritage Fund and includes a $1 million appropriation in FY23 and a $2 million appropriation in FY 24. The Arizona State Parks Board administers grants which benefit local trail projects and outdoor environmental education programs. Monies in the Heritage Fund must be used for restoration, development, or historic preservation of local, regional, or state parks. Funding for this program was eliminated during the Great Recession. In 2019, the Legislature restored the fund with a $10 million allocation consisting of general fund dollars and federal funding. SB 1270 makes a significant change to the lottery fund distribution formula by adding the Heritage Fund back into the series of distributions, consistently funding the fund. The bill has received bipartisan support, passing committees in both the House and Senate, and is currently pending a hearing in the House Rules committee. The League is supportive of the bill. Minimum Wage Preemption HCR 2031 employee benefits; compensation; state preemption, sponsored by Representative Regina Cobb (R-Kingman), will be heard in the Senate Commerce committee next week. The measure was on a previous agenda but was ultimately held and only considered an item for discussion. The League is opposed to the referral because, if passed, it would prevent municipalities from regulating minimum wage or benefits within their jurisdictions. HCR 2031 is also in direct conflict with Prop 206 and voter-approved minimum wage ordinances in Flagstaff and Tucson. The League continues to oppose HCR2031 due to the conflicts with Prop 206 (2016), local voter-approved measures, and its infringement on municipalities’ authority to decide wages and benefits for their employees. 2022 Session Timeline Every session has deadlines pertaining to bill submissions and hearings. This year, the schedule is as follows: January 1/10 – First day of session 1/13 – House 7-bill Introduction Limit Begins (5 p.m.) 1/31 - Senate bill introduction deadline (5 p.m.) February 2/7 – House Bill Introduction Deadline (5 p.m.) 2/14 - 2/18 – Last week to hear bills in the chamber of origin March 3/21 – 3/25 – Last week to hear bills in the opposing chamber April 4/15 – Last Day for Conference Committees 4/19 – 100th Day of Session AZ League Legislative Bulletin: Issue 12 -April 1, 2022 Legislative Update: Today is the 82nd day of the legislative session. Both the Senate and the House Appropriations committees held lengthy hearings. This week marked the end of committee hearings for the session, except for budget bills and any measures that may be introduced in a special session. Moving forward, lawmakers will focus on increased floor action and conference committees. The Capitol community remains unaware of when a call for a special session may occur. Legislators are exploring the issues of water, elections, education funding, and tax cuts behind the scenes as potential topics to address in a special session. With the 100-day milestone less than 20 days away, there is little discussion of or consensus on a budget package. With a record surplus of $1.7 billion in state coffers, lawmakers have yet to determine how they will prioritize these funds. Legislators have voted on funding measures in the form of bills throughout the session. These bills are generally held until they can be considered during the broader budget negotiating process. Some of the priorities lawmakers have already weighed in on through the Appropriations committee include:  $20 million to the State Aviation Fund (HB 2688) $400 million to widen the I-10 between Chandler and Casa Grande (SB 1239) $100 million for the Housing Trust Fund from ARPA dollars (HB 2528 S/E) Next week, the Finance Advisory Committee is scheduled to meet on Thursday to discuss the state’s latest revenue forecasts and overall economic outlook. As of today, the Governor has signed 106 measures into law, and no bills have been vetoed.  Prime Contracting The Senate Appropriations Committee heard HB 2749 TPT; prime contracting; exemption; alterations, sponsored by Representative Regina Cobb (R-Kingman). The bill changes the limit for a residential job to qualify for MRRA and be taxed at the point of sale by scrapping the bright line of "<25% of Full Cash Value" in exchange for "any job that doesn't add new square footage." The proponents claim this simplifies MRRA for taxpayers; however, this will only create new confusion because there is no definition of "new square footage." The most common understanding of "new square footage" recognized by the contracting group, measuring from wall to wall, will needlessly drag many projects into Prime Contracting that are currently under MRRA. Regardless of the financial impacts on cities and the state, contractors have long asked for one thing: clarity and bright lines to determine when MRRA or Prime Contracting applies. This bill strips out the lone bright line in this matter, a number everyone agrees on and quickly understands. It replaces that clarity with an overly simplistic idea with an ambiguous definition that will only generate more confusion and controversy. The League testified in opposition to the bill because it would increase the number of jobs taxed at the point of sale, reducing revenues by an unknowable amount for the state, counties, and cities. Please reach out to your Senators and ask them to vote NO on this bill. Housing Update Housing and homelessness issues have been top of mind for lawmakers this session. The Maricopa Association of Governments’ Point-in-Time (PIT) count conducted in January of this year showed a 33% increase in the number of people experiencing homelessness compared to 2020 in the Maricopa region. Sharp increases in rent prices coupled with a shortage of emergency shelters are exacerbating this critical issue. Here are a few measures that are still moving through the legislative process that aim to address housing and homelessness: HB 2528 housing trust fund; federal monies sponsored by Representative Alma Hernandez (D-Tucson) was subject to a strike-everything amendment that would allocate $100M of ARPA dollars to the Housing Trust Fund. The bill received unanimous support in committee. As is the case with all appropriations bills, the measure will likely be put on hold until it can be considered during the broader budget negotiation process. SB 1263 lottery fund; shelter services sponsored by Senator David Livingston (R-Peoria) increases the amount of money appropriated to the Department of Economic Security by the lottery fund each fiscal year from $1M to $3M. These dollars would fund grant programs awarded to nonprofit organizations to support emergency and transitional homeless shelter services. The measure has moved forward in the legislative process with bipartisan support. SB 1581 housing grants; homelessness; camping; appropriation also sponsored by Senator David Livingston (R-Peoria) would give the Arizona Department of Housing authority to disburse $50 million in grant dollars to create sanctioned camping sites for those experiencing homelessness. As a condition of qualifying for grant funding, a municipality or county would be required to enforce their street camping ban if they have one in place or would need to demonstrate an 80% reduction in unsheltered homeless individuals. The League continues to work with the sponsor and stakeholders to get the measure to a place where cities are not discouraged from applying for grant funding. Given the complexities in enforcing street camping bans due to the Ninth Circuit's decision in Martin v. Boise, any outlined goal to reduce homelessness should remain attainable. Police Use-of-Force Incidents An effort to create a new division within the Department of Public Safety (DPS) to investigate officer use-of-force incidents has received bipartisan support from lawmakers. HB 2650 critical incident bureau; establishment; DPS sponsored by House Speaker Rusty Bowers (R-Mesa) establishes the Major Incident Division within DPS. The measure requires law enforcement agencies to work with the Major Incident Division, a regional law enforcement task force, or another law enforcement agency to perform criminal investigations of critical force incidents. As defined in the bill, critical force incidents include any incident involving use of force that results in death or serious bodily injury of another person during an on-duty or off- duty incident while acting under the authority given to them by the state or local government agency. The bill follows legislative efforts in previous years by House Minority Leader Reginald Bolding (D-Phoenix) to establish a similar investigative structure for officer-involved incidents. Last month, ASU's Morrison Institute released the findings of a survey polling support for an independent agency to investigate law enforcement shootings. The survey found that approximately 57% of Arizonans agreed that an independent statewide agency is needed for these types of investigations. HB 2650 includes a $25 million appropriation, most of which is allocated for DPS to create the new division. $600,000 is appropriated to the Arizona Criminal Justice Commission to distribute to regional law enforcement task forces. The bill received unanimous support from the Senate Appropriations Committee last week and is pending a hearing in the Senate Rules committee. Voter Registration Requirements HB 2492 voter registration; verification; citizenship sponsored by Representative Jake Hoffman (R-Queen Creek), was signed into law by Governor Ducey this week. Under existing law, a resident of the state is qualified to vote if they are a citizen of the United States and meet other criteria outlined in the law. HB 2492 would require individuals registering to vote using the federal voter registration form to not only affirm they are citizens, but now be required to provide documentary proof of their citizenship such as a birth certificate or passport. Under the measure, election officials would be subject to felony charges for accepting a voter registration form that does not include proof of citizenship. HB 2492 additionally requires county recorders to verify a registrant's citizenship by reviewing various databases, including ADOT's database of driver licenses and the social security administration database if the recorder has access to them. Opponents of the measure argue that the bill is unconstitutional and believe it will disenfranchise thousands of voters that may have registered to vote prior to 1996, before citizenship was required to get a driver's license. As of this morning, two lawsuits have already been filed challenging the new law. 2022 Session Timeline Every session has deadlines pertaining to bill submissions and hearings. This year, the schedule is as follows: January 1/10 – First day of session 1/13 – House 7-bill Introduction Limit Begins (5 p.m.) 1/31 - Senate bill introduction deadline (5 p.m.) February 2/7 – House Bill Introduction Deadline (5 p.m.) 2/14 - 2/18 – Last week to hear bills in the chamber of origin March 3/21 – 3/25 – Last week to hear bills in the opposing chamber April 4/15 – Last Day for Conference Committees 4/19 – 100th Day of Session