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HomeMy WebLinkAbout151015P�l� { I '" �AINIlk a � i MW WW. �fkat is AY��/ Vice Mayor Dennis Brown Councilmember Nick DePorter Councilmember Cassie Hansen REVISED: 10/13/15 NOTICE OF THE REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL Mayor Linda M. Kavanagh Councilmember Henry Leger Councilmember Alan Magazine Councilmember Cecil A. Yates TIME: 6:30 P.M. WHEN: THURSDAY, OCTOBER 15, 2015 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. PROCEDURE FOR ADDRESSING THE COUNCIL Anyone wishing to speak before the Council must fill out a speaker's card and submit it to the Town Clerk prior to Council discussion of that Agenda item. Speaker Cards are located in the Council Chamber Lobby and near the Clerk's position on the dais. Speakers will be called in the order in which the speaker cards were received either by the Clerk or the Mayor. At that time, speakers should stand and approach the podium. Speakers are asked to state their name and whether or not they reside in Fountain Hills (do not provide a home address) prior to commenting and to direct their comments to the Presiding Officer and not to individual Councilmembers. Speakers' statements should not be repetitive. If a speaker chooses not to speak when called, the speaker will be deemed to have waived his or her opportunity to speak on the matter. Speakers may not (i) reserve a portion of their time for a later time or (ii) transfer any portion of their time to another speaker. If there is a Public Hearing, please submit the speaker card to speak to that issue durin the Public Hearing. Individual speakers will be allowed three contiguous minutes to address the Council. Time limits may be waived by (i) discretion of the Town Manager upon request by the speaker not less than 24 hours prior to a Meeting, (ii) consensus of the Council at Meeting or (iii) the Mayor either prior to or during a Meeting. Please be respectful when making your comments. If you do not comply with these rules, you will be asked to leave. z:\council packets\2015\r151015\151015a r.docx Last Printed: 10/13/20157:06 AM Page 1 of 4 REVISED: 10/13/15 REGULAR SESSION AGENDA CALL TO ORDER AND PLEDGE OF ALLEGIANCE — Mayor Linda M. Kavanagh INVOCATION —Counselor Scott Erkelens, Church of Jesus Christ of Latter Day Saints ROLL CALL — Mayor Linda M. Kavanagh MAYOR'S REPORT i) The Mayor will read a PROCLAMATION declaring October 24, 2015 as Make A Difference Day in the Town of Fountain Hills. ii) The Mayor will read a PROCLAMATION declaring October 23 — 31, 2015 as National Red Ribbon Week in the Town of Fountain Hills. iii) The Mayor will read a PROCLAMATION declaring October 18-24, 2015, Arizona Cities & Towns Week in the Town of Fountain Hills. SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS i) Mayor Kavanagh may review RECENT EVENTS attended relating to Economic Development. ii) Recognition of RETIRING PLANNING AND ZONING COMMISSIONERS Lloyd E. Pew and Denise Ham. iii) Recognition of the GOLD STATUS AWARD for "Best Ad Series" presented to the Town of Fountain Hills at the International Festival and Events Association Conference held in Tucson, Arizona. iv) Recognition of the BRONZE STATUS AWARD for "Best Company Image Piece" for the Tourism Program logo presented to the Town of Fountain Hills at the International Festival and Events Association Conference held in Tucson, Arizona. 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. z:\council packets\2015\r151015\151015a r.docx Last Printed: 10/13/20157:06 AM Page 2 of 4 REVISED: 10/13/15 CONSENT AGENDA ITEMS All items listed on the Consent Agenda are considered to be routine, non -controversial matters and will be enacted by one motion and one roll call vote 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. 1. CONSIDERATION of approving the TOWN COUNCIL MEETING MINUTES from October 1, 2015. 2. CONSIDERATION of approving a Liquor License TEMPORARY EXTENSION OF PREMISES/PATIO PERMIT — parking lot tailgate party as submitted by Darvel Kent Hansen, Owner/Agent of The Club, located at 17005 Enterprise Drive, Fountain Hills, AZ. 3. CONSIDERATION of approving RESOLUTION 2015-52, an intergovernmental agreement with the Salt River Pima-Maricopa Indian Community relating to Proposition 202 Funding. 4. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION for the Veterans of Foreign Wars Post #7507 (Carl Krawczyk) to be held in conjunction with the Annual Fountain Hills Art Festival on November 13- 15, 2015, from 9:00 AM to 10:00 PM. Liquor sales will be restricted to Saguaro Boulevard within the festival layout. 5. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION for the Women in Partnership (Rosemary Hansen) to be held in conjunction with the Annual Fountain Hills Art Festival on November 13- 15, 2015, from 9:00 AM to 10:00 PM. Liquor sales will be restricted to N. Verde River Drive within the festival layout. 6. CONSIDERATION of COOPERATIVE PURCHASE AGREEMENT C2016-176 between Synergy Petroleum, LLC and the Town of Fountain Hills for bulk fuel purchasing, in an amount not to exceed $112,000. REGULAR AGENDA ITEMS 7. CONSIDERATION of a FINAL REPLAT at 16750, 16800 & 16820 E. Paul Nordin Parkway and at 16845 E. Avenue of the Fountains (Plat 208, Block 7, Lots 1, 2, 3 & 5). Case # S2015-08. This item was TABLED from the 10/1/I5 Council meeting. 8. CONSIDERATION of a joint project between the Town, the Four Peaks Rotary Club, the Greening of Downtown group, and the Cultural and Civic Association for the creation of a HARMONY MUSICAL PLAYGROUND in Fountain Park. 9. CONSIDERATION WITH POSSIBLE DIRECTION TO STAFF regarding (i) the approval of TWO NEW SISTER CITY SIGNS, (ii) the sign locations on Shea Boulevard, and (iii) the waiver of required permit fees, not to exceed $1,000. z:\council packets\2015\r151015\151015a r.docx Last Printed: 10/13/20157:06 AM Page 3 of 4 REVISED: 10/13/15 10. DISCUSSION WITH POSSIBLE DIRECTION TO STAFF regarding a proposed Town of Fountain Hills Zoning Ordinance amendment addressing lighting standards and regulations. 11. DISCUSSION WITH POSSIBLE DIRECTION TO STAFF relating to any item included in the League of Arizona Cities and Towns weekly LEGISLATIVE BULLETIN or relating to any ACTION PROPOSED OR PENDING BEFORE THE STATE LEGISLATURE. 12. 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: i.) None. 13. SUMMARY OF COUNCIL REQUESTS and REPORT ON RECENT ACTIVITIES by the Mayor, Individual Councilmembers, and the Town Manager. 14. ADJOURNMENT. DATED this 8"' day of October, 2015. Bevelyn J. en er, Town Clerk The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 480-816- 5100 (voice) or 1-800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to participate in this 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. z:\council packets\2015\r151015\151015a r.docx Last Printed: 10/13/20157:06 AM Page 4 of 4 �l� { I '" �AINIlk a � i MW WW. �fkat is AY��/ Vice Mayor Dennis Brown Councilmember Nick DePorter Councilmember Cassie Hansen REVISED: 10/13/15 NOTICE OF THE REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL Mayor Linda M. Kavanagh Councilmember Henry Leger Councilmember Alan Magazine Councilmember Cecil A. Yates TIME: 6:30 P.M. WHEN: THURSDAY, OCTOBER 15, 2015 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. PROCEDURE FOR ADDRESSING THE COUNCIL Anyone wishing to speak before the Council must fill out a speaker's card and submit it to the Town Clerk prior to Council discussion of that Agenda item. Speaker Cards are located in the Council Chamber Lobby and near the Clerk's position on the dais. Speakers will be called in the order in which the speaker cards were received either by the Clerk or the Mayor. At that time, speakers should stand and approach the podium. Speakers are asked to state their name and whether or not they reside in Fountain Hills (do not provide a home address) prior to commenting and to direct their comments to the Presiding Officer and not to individual Councilmembers. Speakers' statements should not be repetitive. If a speaker chooses not to speak when called, the speaker will be deemed to have waived his or her opportunity to speak on the matter. Speakers may not (i) reserve a portion of their time for a later time or (ii) transfer any portion of their time to another speaker. If there is a Public Hearing, please submit the speaker card to speak to that issue durin the Public Hearing. Individual speakers will be allowed three contiguous minutes to address the Council. Time limits may be waived by (i) discretion of the Town Manager upon request by the speaker not less than 24 hours prior to a Meeting, (ii) consensus of the Council at Meeting or (iii) the Mayor either prior to or during a Meeting. Please be respectful when making your comments. If you do not comply with these rules, you will be asked to leave. z:\council packets\2015\rl51015\151015a r.docx Last Printed: 10/13/20157:06 AM Page 1 of 4 REVISED: 10/13/15 REGULAR SESSION AGENDA CALL TO ORDER AND PLEDGE OF ALLEGIANCE — Mayor Linda M. Kavanagh INVOCATION —Counselor Scott Erkelens, Church of Jesus Christ of Latter Day Saints ROLL CALL — Mayor Linda M. Kavanagh MAYOR'S REPORT i) The Mayor will read a PROCLAMATION declaring October 24, 2015 as Make A Difference Day in the Town of Fountain Hills. ii) The Mayor will read a PROCLAMATION declaring October 23 — 31, 2015 as National Red Ribbon Week in the Town of Fountain Hills. iii) The Mayor will read a PROCLAMATION declaring October 18-24, 2015, Arizona Cities & Towns Week in the Town of Fountain Hills. SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS i) Mayor Kavanagh may review RECENT EVENTS attended relating to Economic Development. ii) Recognition of RETIRING PLANNING AND ZONING COMMISSIONERS Lloyd E. Pew and Denise Ham. iii) Recognition of the GOLD STATUS AWARD for "Best Ad Series" presented to the Town of Fountain Hills at the International Festival and Events Association Conference held in Tucson, Arizona. iv) Recognition of the BRONZE STATUS AWARD for "Best Company Image Piece" for the Tourism Program logo presented to the Town of Fountain Hills at the International Festival and Events Association Conference held in Tucson, Arizona. 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. z:\council packets\2015\r151015\151015a r.docx Last Printed: 10/13/20157:06 AM Page 2 of 4 REVISED: 10/13/15 CONSENT AGENDA ITEMS All items listed on the Consent Agenda are considered to be routine, non -controversial matters and will be enacted by one motion and one roll call vote 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. 1. CONSIDERATION of approving the TOWN COUNCIL MEETING MINUTES from October 1, 2015. 2. CONSIDERATION of approving a Liquor License TEMPORARY EXTENSION OF PREMISES/PATIO PERMIT — parking lot tailgate party as submitted by Darvel Kent Hansen, Owner/Agent of The Club, located at 17005 Enterprise Drive, Fountain Hills, AZ. 3. CONSIDERATION of approving RESOLUTION 2015-52, an intergovernmental agreement with the Salt River Pima-Maricopa Indian Community relating to Proposition 202 Funding. 4. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION for the Veterans of Foreign Wars Post #7507 (Carl Krawczyk) to be held in conjunction with the Annual Fountain Hills Art Festival on November 13- 15, 2015, from 9:00 AM to 10:00 PM. Liquor sales will be restricted to Saguaro Boulevard within the festival layout. 5. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION for the Women in Partnership (Rosemary Hansen) to be held in conjunction with the Annual Fountain Hills Art Festival on November 13- 15, 2015, from 9:00 AM to 10:00 PM. Liquor sales will be restricted to N. Verde River Drive within the festival layout. 6. CONSIDERATION of COOPERATIVE PURCHASE AGREEMENT C2016-176 between Synergy Petroleum, LLC and the Town of Fountain Hills for bulk fuel purchasing, in an amount not to exceed $112,000. REGULAR AGENDA ITEMS 7. CONSIDERATION of a FINAL REPLAT at 16750, 16800 & 16820 E. Paul Nordin Parkway and at 16845 E. Avenue of the Fountains (Plat 208, Block 7, Lots 1, 2, 3 & 5). Case # S2015-08. This item was TABLED from the 10/1/I5 Council meeting. 8. CONSIDERATION of a joint project between the Town, the Four Peaks Rotary Club, the Greening of Downtown group, and the Cultural and Civic Association for the creation of a HARMONY MUSICAL PLAYGROUND in Fountain Park. 9. CONSIDERATION WITH POSSIBLE DIRECTION TO STAFF regarding (i) the approval of TWO NEW SISTER CITY SIGNS, (ii) the sign locations on Shea Boulevard, and (iii) the waiver of required permit fees, not to exceed $1,000. z:\council packets\2015\r151015\151015a r.docx Last Printed: 10/13/20157:06 AM Page 3 of 4 REVISED: 10/13/15 10. DISCUSSION WITH POSSIBLE DIRECTION TO STAFF regarding a proposed Town of Fountain Hills Zoning Ordinance amendment addressing lighting standards and regulations. 11. DISCUSSION WITH POSSIBLE DIRECTION TO STAFF relating to any item included in the League of Arizona Cities and Towns weekly LEGISLATIVE BULLETIN or relating to any ACTION PROPOSED OR PENDING BEFORE THE STATE LEGISLATURE. 12. 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: i.) None. 13. SUMMARY OF COUNCIL REQUESTS and REPORT ON RECENT ACTIVITIES by the Mayor, Individual Councilmembers, and the Town Manager. 14. ADJOURNMENT. DATED this 8"' day of October, 2015. Bevelyn J. en er, Town Clerk The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 480-816- 5100 (voice) or 1-800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to participate in this 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. z:\council packets\2015\r151015\151015a r.docx Last Printed: 10/13/20157:06 AM Page 4 of 4 Town of Fountain Hills PROCLAMATION WHEREAS, serious social problems concern our nation, state and town, and threaten our future; and, WHEREAS, connecting with others and working together through volunteer service can bridge the differences that separate people and help solve serious social problems; and, WHEREAS, we, the American people and the residents of Fountain Hills, have a tradition of philanthropy and volunteerism; and, WHEREAS, in 2014, almost four million people cared enough about their communities to volunteer on MAKE A DIFFERENCE DAY, accomplishing thousands of projects in hundreds of cities and towns; and, WHEREAS, in our community, nonprofit organizations, schools, businesses, houses of worship, families, neighborhoods and friends serve together to make a difference; and WHEREAS, 2015 makes the 7th year for Fountain Hills to demonstrate that it is the small town with a big heart; and WHEREAS, the Town of Fountain Hills supports a vibrant community to enrich the lives of our residents; WHEREAS, I, Linda M. Kavanagh, Mayor of the Town of Fountain Hills, Arizona, do hereby proclaim October 24, 2015 as MAKER DIFFERENCE DAY in Fountain Hills, and urge all citizens to participate in volunteer projects as we work together to meet the needs of our neighbors. Dated This 15th day of October, 2015 r4i�� P mda M. Kavas a > >, Mayor ATTEST: Bevelyn J. Bend , T wn Clerk 9''0-ww OF FOUNT IX HILLS PROCL.AATTOW WHEREAS, Alcohol and drug abuse in this Nation have reached epidemic stages; and WHEREAS, It is imperative that visible, unified prevention education efforts by community members be launched to eliminate the demand for drugs; and WHEREAS, the East Valley Young Marines, the local unit of the United States Young Marines, is a youth education and service program for boys and girls that focuses on promoting the mental, moral and physical development of its members, including character building, leadership and encouraging a healthy, drug-free lifestyle; and, WHEREAS, The Young Marines is the official youth program of the United States Marine Corps and is the focal point for the U.S. Marine Corps' Youth Drug Demand Reduction efforts and is open to youth, ages eight through high school completion who are in good standing in their school; and, I WHEREAS, The National Red Ribbon Campaign and the East Valley Young Marine program offers citizens the opportunity to demonstrate their commitment to drug-free lifestyles (no use of illegal drugs, no illegal use of legal drugs); and WHEREAS, The National Red Ribbon Campaign will be celebrated in every community in America during Red Ribbon Week, October 23-31, 2015; and WHEREAS, business, Government, parents, law enforcement, media, medical institutions, religious institutions, schools, senior citizens, service organizations, and youth will demonstrate their commitment to healthy, drug- free lifestyles by wearing and displaying red ribbons during this week-long campaign; and WHEREAS, the Town of Fountain Hills further commits its resources to ensure the success of the Red Ribbon Campaign; WHERAS, October 23-31, 2015 has been designated National Red Ribbon Week, which encourages Americans to wear a Red Ribbon to show their support for a drug free environment; NOW, THEREFORE, I, Linda M. Kavanagh, Mayor of Fountain Hills, do hereby proclaim October 23-31, 2015 as Red Ribbon Week, and encourage its citizens to participate in drug prevention education activities, not only during Red Ribbon Week, but all year long, making a visible statement that we are strongly committed to a drug-free Fountain Hills. DATED This 15th day of October, 2015. /_� �J't AIN gjr da M. Kavanagh, Mayor T. ' At t: �. '1W Bevelyn J. Ben r, To Clerk Town of Fountain Hills FJ 7:170114 4 11W to] V I WHEREAS, the citizens of the Town of Fountain Hills rely on the town to experience a high quality of life in our community; and WHEREAS, cities and towns in Arizona work 24 hours a day, seven days a week to deliver vital city and town services such as fire, police, and emergency medical response to ensure safe communities; and WHEREAS, cities and towns in Arizona also provide services and programs that enhance the quality of life for residents such as parks, utilities, street maintenance, sanitation and recycling services, libraries, community centers, and recreational programs; and WHEREAS, it is important for the Town of Fountain Hills to continue to provide the excellent delivery of services and programs that our citizens have come to expect in our community; and WHEREAS, it is one of the responsibilities of town officials to ensure open and accessible government through frequent communication with citizens using various avenues and means; and WHEREAS, through participation and cooperation; citizens, community leaders, local businesses and municipal staff can work together to ensure that services provided by the Town of Fountain Hills can remain exceptional elements of the quality of life of our community; and WHEREAS, I, Linda M. Kavanagh, Mayor of the Town of Fountain Hills, Arizona, do hereby proclaim that the Town of Fountain Hills joins with the League of Arizona Cities and Towns and fellow municipalities across the state of Arizona in declaring October 18-24, 2015, Arizona Cities & Towns Week. Dated This 15th day of October, 2015 AIN n a M. Kava gh, May Z A TEST.• o 'UW Bevelyn J. Boderfibwn clerk chat is AC`q. —1 Meeting Date: 10/15/2015 Agenda Type: Consent TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Type: Regular Session Submitting Department: Administration Staff Contact Information: Bevelyn J. Bender, Town Clerk; 480-816-5115; bbender@fh.az.gov Council Goal: Strategic Values: Civic Responsibility C3 Solicit feedback in decision-making REQUEST TO COUNCIL (Agenda Language): CONSIDERATION of approving the TOWN COUNCIL MEETING MINUTES from October 1, 2015. Applicant: NA Applicant Contact Information: Property Location: Related Ordinance, Policy or Guiding Principle: A.R.S. §38-431.01 Staff Summary (background):The intent of approving previous meeting minutes is to ensure an accurate account of the discussion and action that took place at that meeting for archival purposes. Approved minutes are placed on the Town's website in compliance with state law. Risk Analysis (options or alternatives with implications): Fiscal Impact (initial and ongoing costs; budget status): Budget Reference (page number): Funding Source: NA If Multiple Funds utilized, list here: Budgeted; if No, attach Budget Adjustment Form: NA Recommendation(s) by Board(s) or Commission(s): Staff Recommendation(s): Approve List Attachment(s): None SUGGESTED MOTION (for Council use): Move to approve the consent agenda as listed Prepared by: A_adr�z� Bevelyn Bender, Town Clerk 10/5/2015 Approved: Grady E. Mill ow Manager 10/6/2015 Page 1 of 1 TAIN TOWN OF FOUNTAIN HILLS z,m; n TOWN COUNCIL 30 Q AGENDA ACTION FORM \that is ATVIP Meeting Date: 10/15/2015 Agenda Type: Consent Meeting Type: Regular Session Submitting Department: Administration Staff Contact Information: Sonia Kukkola / Financial Services Technician (480)816-5136 Strategic Planning Goal: Not Applicable (NA) Operational Priority: Not Applicable (NA) REQUEST TO COUNCIL (Agenda Language): CONSIDERATION of approving a LIQUOR LICENSE Temporary Extension of Premises/Patio Permit - Parking Lot Tailgate Party submitted by Darvel Kent Hansen, Owner/Agent of The Club located at 17005 E. Enterprise Dr, Fountain Hills AZ. Applicant: Darvel Kent Hansen Applicant Contact Information: 480-837-3375 Owner: N/A Owner Contact Information: N/A Property Location: 17005 E. Enterprise Dr, Fountain Hills AZ. Related Ordinance, Policy or Guiding Principle: A.R.S. §4-201; 4-202; 4-203 & 4-205 and R19-1-102 and R19-1-311. Staff Summary (background): The purpose of this item is to obtain Council's recommendation regarding a liquor license application Temporary Extension of Premises/Patio Permit - Parking Lot Tailgate Party submitted by Darvel Kent Hansen, owner/agent of The Club submission to the Arizona Department of Liquor. The application was reviewed by staff for compliance with Town ordinances. Staff recommends approval of this liquor license application as submitted. Risk Analysis (options or alternatives with implications): N/A Fiscal Impact (initial and ongoing costs; budget status): N/A Budget Reference (page number): N/A Funding Source: NA If Multiple Funds utilized, list here: Budgeted; if No, attach Budget Adjustment Form: NA Recommendation(s) by Board(s) or Commission(s): N/A Staff Recommendation(s): APPROVE List Attachment(s): Front page of the application and staffs' recommendation SUGGESTED MOTION (for council use): Move to approve the LIQUOR LICENSE Application Temporary Extension of Premises/Patio Permit - Parking Lot Tailgate Party submitted by Darvel Kent Hansen, owner/agent of The Club located at 17005 E. Enterprise Dr, Fountain Hills AZ. Page 1 of 2 Prepared b Sonia IKUIM615, Financial Services Technician 10/5/2015 Director;AApproval: raig R dolphy Fin nce Director 167572-6 1 -5 Ap oved: Grady E. Miller ow anager 10/5/2015 Page 2 of 2 Arizona Department of Liquor Licenses and Control 800 W Washington 5th Floor Phoenix, AZ 85007-2934 www.azliquor.gov (602) 542-5141 FOR DLLC USE ONLY CSR: Lo #: APPLICATION FOR EXTENSION OF PREMISESlPATIO PERMIT *OBTAIN APPROVAL FROM LOCAL GOVERNING BOARD BEFORE SUBMITTING TO THE DEPARTMENT OF LIQUOR* Permanent change of area of service. A non-refundable $50. fee will apply. Specific purpose for change: Temporary change for date(s) of: 16/�_�r�through4/,A; iisf specific purpose for change: Licensee's Name;1������'t.icense#:C2.,1G7 t as+ First Middle Mailing address: olel. street City stale Tip Code 3. Business Name:�l, (� L. L11. 4. Business Address:.�f.-� Cltv State Tip Code 5. Email Address: 5. Business Phone Number: ! a? 8,47 c:�i� !' Contact Phone Number: Is extension of premises/patio complete? ❑ N/A [Yes❑ No If no, what is your estimated completion date? 8. Do u understand Arizona Liquor Laws and Regulations? 7Yes ❑ No Does this extension bring your premises within 300 feet of a church or school? ❑ Yes No 10. Ho you received approved Liquor Law Training? Yes ED No 11. What security precautions will be taken to prevent liquor violation s in the extended area? 141,dna,4Ai0 M,6Ma67*Y 10. 6 e,4& - /eO4 ,41T�.�.;7��t / -7 e> 44e-C6W dOOtJQAR� 4/'`1;715 12. IMPORTANT: Attach the revised floor plan, clearly depicting your licensed premise, along with the new extended area. 8/21/2015 Pagc I oft Individuals requiring ADA accommodations please cal! (602)542-9027 TOWN OF FOUNTAIN HILLS ADMINISTRATION DEPARTMENT INTER OFFICE MEMO TO: (as applicable) DATE: 9/9/15 N/A • Streets Division Jason Field X • Fire Department Community Services Rachel Goodwin • Building Division X Development Services Bob Rodgers • Community Services Fire Department • Development Services X • Law Enforcement Mark Fisher X • Licensing Licensing Liquor License Application FR: Sonia Kukkola, RE: Street Department Financial Services Technician X Attached is an application for a Temporary Extension of Premises/Patio Permit for staff review. Review the application, then sign, indicating staff's recommendation for approval (with or without stipulations) or denial. If staff's recommendation is to deny and/or there are stipulations for approval, please attach a memo that specifies the reasoning and the memo will be forwarded on to the Town Council for their consideration of this application. Name of Organization: The Club 17005 E. Enterprise Dr Fountain Hills AZ Applicant: Darvel Hansen Date(s) of Event: N/A Date Application Received: 9/2/15 Town Council Agenda Date: 10/15/15 STAFF REVIEW AND RECOMMENDATION: Department/Division Staff Member Approved Denied N/A Building Safety Jason Field X Community Services Rachel Goodwin X Development Services Bob Rodgers X Fire Department Dave Ott X Law Enforcement Mark Fisher X Licensing Sonia Kukkola X Street Department Justin Weldy X Attach reportfor denial or any recommendation requiring stipulations. 1811V TOWN OF FOUNTAIN HILLS �° i TOWN COUNCIL Meeting Date: 10/15/2015 Agenda Type: Consent Meeting Type: Regular Session Submitting Department: Community Services Staff Contact Information: Rachael Goodwin, Recreation and Tourism Supervisor, 480-816-5135 Strategic Planning Goal: Not Applicable (NA) Operational Priority: Not Applicable (NA) REQUEST TO COUNCIL (Agenda Language): CCONSIDERATION of approving RESOLUTION 2015-52, an Intergovernmental Agreement with the Salt River Pima-Maricopa Indian Community relating to Proposition 202 Funding. Applicant: N/A Applicant Contact Information: N/A Property Location: N/A Related Ordinance, Policy or Guiding Principle: Section 12 of the Gaming Compact 2002 and A.R.S. §5- 601.02; Fountain Hills Resolution 2004-34A.R.S. §4-203.02; 4-244; 4-261 and R19-1-228, R19-1-235, and R19-1-309 Staff Summary (background): Proposition 202 [Gaming Compact with the State of Arizona] was a ballot measure passed by the Arizona voters in the 2002 state general election and codified in A.R.S. §5-601.02. This legislation allows for distribution of funds to be solicited by cities, towns, and counties for their programs from Arizona Indian Tribes for government services that benefit the general public, which include public safety, mitigation of impacts of gaming, and the promotion of commerce and economic development. The Compact permits the Nation to allocate 12% of the fees it pays to the State to cities, towns, and counties in the State of Arizona. Many non -profits also request this funding as "pass through dollars" from cities, towns, and counties to support programs within their communities. Because the legislation required that the funds be solicited by a municipality or county, the Town Council approved Resolution 2004-34 on July 1, 2004, which adopted the Town's policy and procedures relating to the Proposition 202 application process for the procurement of funds on behalf of various entities (i.e. as a pass through for funds). A copy of the policy has been provided for reference. The Salt River Pima-Maricopa Indian Community has awarded a total of $25,000.00 for FY2015 to the Town of Fountain Hills Tourism Division. Risk Analysis (options or alternatives with implications): N/A Fiscal Impact (initial and ongoing costs; budget status): N/A Budget Reference (page number): N/A Funding Source: NA If Multiple Funds utilized, list here: Page 1 of 2 Budgeted; if No, attach Budget Adjustment Form: NA Recommendation(s) by Board(s) or Commission(s): N/A Staff Recommendation(s): Approve List Attachment(s): Resolution 2015-52; and Resolution 2004-34 (The Town's pass through policy) and the Salt River Pima-Maricopa Indian Community award letter. SUGGESTED MOTION (tor council use): Move to approve the consent agenda as listed. Prepared by — 2Co Rachael Goo m ecreation Supervisor 0 15 Director's Approval: �( MarK Mayer, Community bervices Director 10 6 2015 Ap roved: Gra y Miller, Town 0 r 10/7/2015 Page 2 of 2 GREAT S�qC ray h � z L tn,A M'4R 1 COP p` ` SALT RIVER PIMA-MARICOPA INDIAN COMMUNITY 10005 E. OSBORN RD. SCOTTSDALE, AZ 85256 PHONE (480) 362-6654 August 27, 2015 Mayor Linda Kavanagh Town of Fountain Hills 16705 E. Avenue of the Fountains Fountain Hills, Arizona 85268 Dear Mayor Linda Kavanagh, On behalf of the Salt River Pima-Maricopa Indian Community "SRPMIC" I am pleased to inform you that your application was approved to be funded in the amount of $25,000.00. It has been a pleasure to work with you through the application process and we look forward to hearing of the progress of your program. In the coming month the SRPMIC will be working with the appropriate pass through agency to process the grant award. In addition, the Community's Office of Congressional and Legislative Affairs will be communicating with you to provide further detail of the award and activities to follow. We look forward to a successful partnership. Sincerely, Delbert W. Ray Sr. President RESOLUTION 2015-52 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE SALT RIVER PIMA-MARICOPA INDIAN COMMUNITY RELATING TO PROPOSITION 202 FUNDING. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. The Intergovernmental Agreement between the Town of Fountain Hills and the Salt River Pima-Maricopa Indian Community relating to Proposition 202 funding for promotion of tourism (the "Agreement") is hereby approved in substantially the form and substance 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 cause the execution of the Agreement and to 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, Arizona, October 15, 2015. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: Linda M. Kavanagh, Mayor REVIEWED BY: Grady E. Miller, Town Manager 2475989.1 Bevelyn J. Bender, Town Clerk APPROVED AS TO FORM: Andrew J. McGuire, Town Attorney EXHIBIT A TO RESOLUTION 2015-52 [Intergovernmental Agreement] See following pages. 2475989.1 Contract No. INTERGOVERNMENTAL AGREEMENT BETWEEN THE SALT RIVER PIMA MARICOPA INDIAN COMMUNITY AND THE TOWN OF FOUNTAIN HILLS This Intergovernmental Agreement ("Agreement) is entered into by and between the Salt River Pima-Maricopa Indian Community ("SRPMIC"), a Federally -Recognized Indian Tribe, and the Town of Fountain Hills (the "Town"), pursuant to Section 12 Payment of Regulatory Costs; Tribal Contributions ("Section 12") of the SRPMIC and State of Arizona Gaming Compact 2002 ("Compact") and Article VII, § 1(h) of the SRPMIC Constitution and A.R.S. §5-601.02. RF.C''ITAIN 1. The SRPMIC and the Town may enter into an agreement with one another for the distribution of a portion of 12% of the SRPMIC annual contribution ("Contribution") under Section 12 of the Compact to cities, towns, or counties that benefit the general public or promote commerce and economic development pursuant to A.R.S. §5-601.02. 2. The SRPMIC is authorized by Article VII, Section 1(h) of the Constitution of SRPMIC to consult, negotiate, contract and conclude and perform agreements with Federal, state, local governments and Indian Tribes, as well as any person, association, partnership, corporation, government or other private entity. 3. The Town is authorized by A.R.S. § 11-951 through § 11-954 to enter into intergovernmental agreements with other governmental agencies including Indian Tribes. 4. The SRPMIC desires to convey to the Town a portion of its annual 12% local revenue-sharing contribution ("Contribution") required to be paid to local governments. NOW THEREFORE, in consideration of the foregoing recitals, which are incorporated herein, and the covenants and promises set forth below, the SRPMIC and the Town hereby mutually agree as follows: AGREEMENT 1. Purpose. The purpose of this Agreement is to set forth the rights and responsibilities of the parties with respect to the payment and distribution of the Contribution(s), as hereinafter defined. 2475916.2 2. Contribution: The SRPMIC shall provide the Contribution to the Town, in the amount of $25,000, following execution of this Agreement. The Contribution shall be used solely for the Town's tourism program. Total Disbursement: $25,000 3. Payment and Use of Funds. a. Use of Funds for Purposes Other Than to Fulfill Agreement. The Town shall use the Contribution only for the express purpose contained herein. b. Inspection and Audit. To ensure compliance with this Agreement, the SRPMIC hereby reserves the right to inspect any and all records maintained by the Town with respect to this transaction upon seven (7) days prior, written notice to the Town. The Town shall allow the SRPMIC reasonable access to the records pertaining thereto. This section shall survive termination, cancellation, or revocations, whether whole or in part, of this Agreement for a period of one (1) year following the date of such termination, cancellation, or revocation. 4. Management of the Project. a. Use of Contributions and Recordkeepin. The Town shall have responsibility for disbursing the Contributions to the recipients in amounts consistent with this Agreement. Within a reasonable time following receipt of the Contributions from the SRPMIC, the Town shall use the Contributions in accordance with applicable Town policies and procedures governing the use of funds. The Town shall keep and maintain records relating to this Agreement. b. [INTENTIONALLY LEFT BLANK.] 5. Notices. Any notice, communication or modification shall be given in writing and shall be given by registered or certified mail or in person to the following individuals. The date of receipt of such notices shall be the date the notice shall be deemed to have been given. For the SRPMIC: Delbert W. Ray Sr., President Salt River Pima Maricopa Indian Community 10005 E. Osborn Road Scottsdale, Arizona 85256 2475916.2 2 For the Town: Grady E. Miller, Town Manager Town of Fountain Hills 16705 East Avenue of the Fountains Fountain Hills, Arizona 85268 6. Transactional Conflict of Interest. All parties hereto acknowledge that this Agreement is subject to cancellation by the Town pursuant to the provisions of Section 3 8-511, Arizona Revised Statutes. 7. Term and Termination of Agreement. a. Effective Date. This Agreement shall be effective on the date it is signed by the SRPMIC authorized representative. b. Term. This Agreement shall commence upon the Effective Date and shall terminate when the Contribution has been received and fully used by the Town, as specified in Section 2 of this Agreement. 8. Indemnification. a. Indemnification. Each party (as "Indemnitor") shall indemnify, defend, and hold harmless the other party (as "Indemnitee"), its governing body, officers, departments, employees and agents from and against any and all suits, actions, legal or administrative proceedings, claims, demands, liens, losses, fines or penalties, damages, liability, interest, attorneys, consultants and accountant fees or costs and expenses of whatsoever kind and nature (collectively referred to as "Claims"), but only to the extent that such Claims which result in vicarious/derivative liability to the other party resulting from or arising out of the negligence or willful misconduct of its employees or agents in performing the duties set forth in this Agreement. b. Severability. This section shall survive termination, cancellation, or revocation whether whole or in part, of this Agreement for a period of one (1) year from the date of such termination, cancellation or revocation unless a timely claim is filed under A.R.S. § 12-821.01, in which case this paragraph shall remain in effect for each claim and/or lawsuit filed thereafter, but in no event shall this paragraph survive more than five (5) years from the date of termination, cancellation or revocation of this Agreement. 9. Interpretation of Agreement. a. Entire Agreement. This Agreement constitutes the entire agreement between the parties pertaining to the subject matter contained herein, and 2475916.2 3 all prior or contemporaneous agreements and understandings, oral or written, are hereby superseded and merged herein. b. Amendment. This Agreement shall not be modified, amended, altered, or changed except by written agreement signed by both parties. C. Construction and Interpretation. All provisions of this Agreement shall be construed to be consistent with the intention of the parties as expressed in the recitals contained herein. d. Relationship of the Parties. Neither party shall be deemed to be an employee or agent of the other party to this Agreement. e. Days. Days shall mean calendar days. L Severability. In the event that any provisions of this Agreement or the application thereof is declared invalid or void by statute or judicial decision, such action shall have no effect on other provisions and their application which can be given effect without the invalid or void provision or application, and to this extent the provisions of the Agreement are severable. In the event that any provision of this Agreement is declared invalid or void, each party agrees to meet promptly upon request of the other party in an attempt to reach an agreement on a substitute provision. 10. Non -Waiver of Sovereign Immunity. Nothing in this Intergovernmental Agreement shall be construed to waive the Sovereign Immunity of the SRPMIC. IN WITNESS WHEREOF, the Town has caused this Intergovernmental Agreement to be approved by the Town Council, executed by its Mayor and attested to by its Town Clerk, pursuant to the above stated powers and authority, and the SRPMIC has caused this Intergovernmental Agreement to be executed by the SRPMIC Council and attested to by its President. This Agreement is effective upon signature of a duly appointed representative of the Salt River Pima-Maricopa Indian Community. 2475916.2 4 IN WITNESS WHEREOF, the Parties have executed this Agreement. SALT RIVER TOWN OF FOUNTAIN HILLS, PIMA-MARICOPA INDIAN COMMUNITY, an Arizona Municipal Corporation: A Federally Recognized Indian Tribe: By: By: Name: Name: Linda M. Kavanagh Its: Its: Mayor Date: Date: ATTEST: Bevelyn J. Bender, Town Clerk 2475916.2 5 APPROVAL OF SRPMIC ATTORNEY The undersigned attorney acknowledges that s/he has reviewed the above Agreement on behalf of the Salt River Pima-Maricopa Indian Community, and has determined that this Agreement is in proper form and that execution hereof is within the powers and authority granted under the Constitution of the Salt River Pima-Maricopa Indian Community, Article VII, § 1(h). This acknowledgement shall not constitute nor be construed as a waiver of the Sovereign Immunity of the Salt River Pima-Maricopa Indian Community. General Counsel Date APPROVAL OF CITY ATTORNEY In accordance with the requirements of A.R.S. § 11-952(D), the undersigned attorney acknowledges that (i) s/he has reviewed the above Agreement on behalf of the Town of Fountain Hills and (ii) as to the Town of Fountain Hills only, has determined that this Agreement is in proper form and that execution hereof is within the powers and authority granted under the laws of the State of Arizona. Town Attorney 2475916.2 6 Date RESOLUTION NO. 2004-34 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, ADOPTING THE TOWN OF FOUNTAIN HILLS POLICY AND PROCEDURES FOR PROPOSITION 202 FUNDING. WHEREAS, Proposition 202 funds may be solicited by cities, towns and counties from Arizona Indian Tribes for government services that benefit the general public, including (i) public safety, (ii) mitigation of the impacts of gaming and (iii) promotion of commerce and economic development; and WHEREAS, various entities have requested that the Town of Fountain Hills (the "Town") solicit Proposition 202 funds on their behalf; and WHEREAS, the Mayor and Council of the Town of Fountain Hills (the "Town Council") has determined that it is in the best interests of the citizens of the Town to establish written policies to create a uniform application process for procurement of Proposition 202 funds on behalf of various entities; and WHEREAS, the Town Council desires to establish a policy and procedures for requesting Proposition .202 funds. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA as follows: SECTION I. That the "Town of Fountain Hills, Arizona, Policy and Procedures for Proposition 202 Funding" (the "Policy") is hereby adopted in the form attached hereto as Exhibit A and incorporated herein by reference. SECTION 2. That the Mayor, Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to take all steps necessary to ensure that the Policy is implemented and applied to all requests for Proposition 202 funding. SECTION 3. That this Resolution shall become effective immediately upon passage. 9196.001k .-?004-34 Prop 303 Micy.rc,.d4w 6.21--04- l [SIGNATURES ON FOLLOWING PAGE] PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, Arizona, July 1, 2004. FOR THE TOWN OF FrTAIN HILLS: W. J. Nicho]VM6vor REVI.PVED BY: Timothy G. Pickering, Town r 919&00KA'-)(X)4-08 Pmp 202 Policy.rci.doc 2-26-04-1 2 ATTESTED TO: Bevelyn J. B#devrown Clerk APPROVED AS TO FORM: -ni Andrew J. McGuire, Town Attorney TOWN OF FOUNTAIN DILLS, ARIZONA POLICY AND PROCEDURES FOR PROPOSITION 202 FUNDING In order to secure for the Town of Fountain Hills, Arizona (the "Town" the ben the I • • } efts of Indian Self Reliance Initiative ("Prop. 202") passed by the Arizona voters in the 2002 state general election and codified in ARm. R,Ev. STAT. § 5-601.02, and toromote the best interests rests of the Town, the following Policy and Procedures for Prop. 202 Funding(this ``Pol• "he �t P icy } is hereby adopted by the Mayor and Council of the Town {the Town Council" Under ARiZ. REv. STAT. § 5-601.02, Prop. 202 funds may be solicited b cities towns and counties from Arizona Indian Tri Y ' Tribes for government services that benefit the generalublic, including (i) public safety,(ii)mitigation of P P y miti g he impacts of gaming and (iii) promotion of commerce and economic development. Because the legislation requires that the funds be solicited by a municipality or county, the Town has been approached by various entities requesting that Prop. 202 funds be procured on their behalf. Accordingly, the Town Council has established the follxowing Policy to create a uniform proposal process for such entities. ARTICLE 1, General Policies 1.1 ualified Entities. The Town will only accept and processro osals for Prop. 202 P P p Funds made by itself or by Town -based, non --profit organizations (""Qualified Entities" 1.2 Discretion Retained bv Town Manager. The decision to a rocessQualified Ent ' P Entity's proposal shall be retained by the Town Manager, or his designee, subject to the application of sections 1.3 and 1.4 of this Article. 1.3 Town as Avolicant. If, in any given quarter, the Town submits aro osal for P P Prop. 202 funds, it will not process proposals from Qualified Entities for thatarticular quarter if P the applicant is requesting funds from the same tribe as the Town. Such Qualified Entities may request that the Town hold their proposals for processing in a future quarter in which the Town is not an applicant. 1.4 Preferred Fund Use Schedule. where multiple Qualified Entities have submitted proposals for Prop. 202 funds for the same quarter, from the same tribe, the proposals shall be processed in accordance with the following schedule of preferred fund uses: a. Public safety; b. Mitigation of impacts of gaming (i.e. education, social services and health care); C. Promotion of commerce and economic development (i.e., transportation and tourism). 1.5 Reimbursement for Costs. All costs incurred b the Town n in connection with (i) the administration of a proposal submission and (ii) the distribution of Prop. 202 funds shall be subtracted from the total amount of Prop. 202 funds awarded, if any,, to the Town on behalf of the Qualified Entity. Such costs may include, 1 ude, but are not limited toi ()staff time spent processing the application and any resulting final report, (ii) auditing fees and(iii)a legal fees incurred in the preparation of a resolution, intergovernmental agreement and an other � Y Legal document associated with transferring the Prop. 202 funds to the Qualified Entity. Y 1.6 Funds Budgeted bv Town. If the Qualified Entityreceives ve s Prop...0_ funds, the distribution of those funds will not be used to supplant funding if an Q di PP �� y, budgeted by the Town for distribution to that entity in the applicable fiscal year. 1.7 Final Report. Any Qualified Entity receivina Prop. 202 fund Town no less than b P s shall submit to the 30 days prior to the end of the fiscal year in which the funds were di a final and complete' report detailing disbursed, P p iling how the funds were actually spent. 1.8 Modification. The Town Council may modify this Policyfrom time ' to time. ARTICLE 2. Proaosal Requirements 2.1 Deadline to 6mly, All proposals for Prop. 202 funds shall ' Town Clerk no P be submitted to the Less than 60 days prior to the deadline for such proposals as determined by theres respective tribes for that particular quarter. 2.2 Proposal Content. The proposal shall, at a minimum contain ntain the following information: a. Qualified Entitv, Information. The Qualified Entityshall r general description of itself, including � provide a P ing its corporate and organizational structure. This description should also include the names of all officers and/or c P corporate directors directly y related to or associated with the proposed administration of the Prop. 202 funds. b. Applicant Contact,. The Qualified Entityshall provide the name, p rovme, address, phone number, facsimile, email and other relevant information for the primary contact for the Qualified Entity. C. Detailed Dei tion. The Qualified Entityshall provide a tion of the manner in w P detailed description which the Prop. 202 funds, i f awarded, will be used. This description should also include a statement of how thero osed use of P P the funds meets one or more of the purposes set forth in Section 1.4 above. d. Estimated Costs. The Qualified Entity shall indicate the doll being requested from the tribe includin detailed dollar amount g a led budget. Additionally, the Qualified Entity should provide any supporting documentation demonstrating ng that the amount requested is directly related to the use proposed. 919 OORProp. 202 policy.vldoc G-23-04-1 e. Information Reque=ed,.,by the Tribe. In the event that the tribe has issued a solicitation of proposals that requests information not specificallyrequired b this re q y 1s Article, the proposals must include that information as well. 2.3 Incom lete-PMRo_sa_1_s. Incomplete proposals will not beP rocessed. 9196.0011Prop. 202 policy.v3.doc b-23-04-1 Meeting Date: 10/15/2015 Agenda Type: Consent Meeting Type: Regular Session Submitting Department: Community Services Staff Contact Information: Rachael Goodwin, Recreation and Tourism Supervisor, 480-816-5135 Strategic Planning Goal: Not Applicable (NA) Operational Priority: Not Applicable (NA) REQUEST TO COUNCIL (Agenda Language): CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION for the Veterans of Foreign Wars Post #7507 (Carl Krawczyk) to be held in conjunction with the Annual Fountain Hills Art Festival on November 13-15, 2015 from 9:00 am to 10:00 pm. Liquor sales will be restricted to Saguaro Blvd within the festival layout. Applicant: Carl Krawczyk Applicant Contact Information: Property Location: Intersection of Saguaro Blvd and Avenue of the Fountains, Fountain Hills, AZ 85268 Related Ordinance, Policy or Guiding Principle: A.R.S. §4-203.02; 4-244; 4-261 and R19-1-228, R19-1- 235, and R19-1-309 Staff Summary (background): The purpose of this item is to obtain Council's approval regarding the special event liquor license application submitted by Carl Krawczyk representing the VFW Post 58, for submission to the Arizona Department of Liquor. The special event liquor license application was reviewed by staff for compliance with Town ordinances and staff unanimously recommends approval of this special event liquor license application as submitted. Risk Analysis (options or alternatives with implications): N/A Fiscal Impact (initial and ongoing costs; budget status): N/A Budget Reference (page number): N/A Funding Source: NA If Multiple Funds utilized, list here: Budgeted; if No, attach Budget Adjustment Form: NA Recommendation(s) by Board(s) or Commission(s): N/A Staff Recommendation (s): Approve List Attachment(s): Applications SUGGESTED MOTION (for Council use): Move to approve the Special Event Liquor License as presented. Page 1 of 2 Prepared by: la � Rachael Good in,R creation Supervisor 1U16/201 5 Director's Approval: Cil Mark Mayer, Community Services Director 1U/6/2015 Ap roved: rady iller, Tow an er 10/7/2015 Page 2 of 2 TOWN OF FOUNTAIN HILLS ADMINISTRATION DEPARTMENT INTER OFFICE MEMO TO: (as applicable) DATE: 9/29/15 • Streets Division Denied • Fire Department Building Safety • Building Division • Community Services X • Development Services Rachael Goodwin • Law Enforcement • Licensing Development Services FR: Rachael Goodwin, RE: Liquor License Application Recreation Supervisor Attached is a Liquor License Application for staff review. Review the application, then sign, indicating staff's recommendation for approval (with or without stipulations) or denial. If staff's recommendation is to deny and/or there are stipulations for approval, please attach a memo that specifies the reasoning and the memo will be forwarded on to the Town Council for their consideration of this application. Name of Organization: Veterans of Foreign Wars, Post #7507 Applicant: Carl Krawczyk Date(s) of Event: Nov 13-15, 2015 at Saguaro Blvd, in conjunction with the Fall Art Festival Date Application Received: 09/28/15 Town Council Agenda Date: 10/15/2015 STAFF REVIEW AND RECOMMENDATION: Department/Division Staff Member Approved Denied N/A Building Safety Jason Field X Community Services Rachael Goodwin Development Services Bob Rodgers Fire Department Dave Ott Law Enforcement Mark Fisher Licensing Sonia Kukkola e X Street Department Justin Weldy Attach report for denial or any recommendation requiring stipulations. USE ONLY Wend: IMPORTANT INFORMATION: This document must be fully completed or it will be returned. The Department of Liquor Licenses and Control must receive this application ten (10) business days prior to the event. If the special event will be held at a location without a permanent liquor license or if the event will be on any portion of a location that is not covered by the existing liquor license, this application must be approved by the local government before submission to the Department of Liquor Licenses and Control (see Section 15). SECTION 1 Name of Organization: VETERANS OF FOREIGN WARS, POST #7507 SECTION 2 Non-Profit/IRS Tax Exempt Number: 501(C)(19), ID. NO. 74-2514547 SECTION 3 The organization is a: (check one box only) ❑Charitable❑✓ Fraternal (must have regular membership and have been in existence for over five (5) years) ❑Religious ❑Civic (Rotary, College Scholarship) ❑Political Party, Ballot Measure or Campaign Committee SECTION 4 Will this event be held on a currently licensed premise and within the already approved premises?❑Yes ❑✓ No Name of Business License Number Phone (include Area Code) SECTION 5 How is this special event going to conduct all dispensing, serving, and selling of spirituous liquors? Please read R-19- 318 for explanation (look in special event planning guide) and check one of the following boxes. ❑Place license in non-use ❑Dispense and serve all spirituous liquors under retailer's license ii Dispense and serve all spirituous liquors under special event ❑Split premise between special event and retail location (If not using retail license, submit a letter of agreement from the agent/owner of the licensed premise to suspend the license during the event. If the special event is only using a portion of premise, agent/owner will need to suspend that portion of the premise.) SECTION b What is the purpose of this event? @On-site consumption ❑Off-site (auction) ❑Both SECTION 7 location of the Event: SAGUARO BLVD. & AVENUE OF THE FOUNTAINS Address of Location: 13000 North Saguaro Blvd., Fountain Hills, Maricopa, AZ 85268 Street City COUNTY State SECTION 8 Will this be stacked with a wine festival/craft distiller festival? ❑Yes @No Zip SECTION 9 Applicant must be a member of the qualifying organization and authorized by an Officer, Director or Chairperson of the Organization named in Section 1. (Authorizing signature is required in Section 13.) 1. Applicant: KRAWCZYK, CARL J. Last First Middle Date of Birth Applicant's mailing address: P.O. Box 20677, Fountain Hills, AZ 85269 Street City State Tip Applicant's home/cell phone Applicant's business phone: Applicant's email address: 8/13/2015 Page 1 of 4 Individuals requiring ADA accommodations call (602)542-9027. SECTION 10 1. Has the applicant been convicted of a felony, or had a liquor license revoked within the last five (5) years? ❑Yes Q✓ No (if yes, attach explanation.) 2. How many special event licenses have been issued to this location this ear? (The number cannot exceed 12 events per year, exceptions under A.R.S. §4-203.02(D).) 3. Is the organization using the services of a promoter or other person to manage the event? aes [Z]No (If yes, attach a copy of the agreement.) 4. List all people and organizations who will receive the proceeds. Account for 100% of the proceeds. The organization applying must receive 25% of the gross revenues of the special event liquor sales. Attach an additional page if necessary. Name Veterans of Foreign Wars, Post #7507 Percentage: 100% Address P.O. Box 20677, Fountain Hills, AZ 85268 Street city State Tip Name Percentage: Address Street city State Zip 5. Please read A.R.S. § 4-203.02 Special event license; rules and R 19-1-205 Requirements for a Special Event License. Note: All ALCOHOLIC BEVERAGE SALES MUST BE FOR CONSUMPTION AT THE EVENT SITE ONLY. "NO ALCOHOLIC BEVERAGES SHALL LEAVE SPECIAL EVENT UNLESS THEY ARE IN AUCTION SEALED CONTAINERS OR THE SPECIAL EVENT LICENSE IS STACKED WITH WINE /CRAFT DISTILLERY FESTIVAL LICENSE" 6. What type of security and control measures will you take to prevent violations of liquor laws at this event? (list type and number of police/security personnel and type of fencing or control barriers, if applicable.) 0 Number of Police 2 Number of Security Personnel F Fencing [:]Barriers Explanation: Fencing around entire beer garden area with security personnel at each entrance. See attached diagram. 8/13/2015 Page 2 of 4 Individuals requiring ADA accommodations call (602)542-9027. SECTION 11 Date(s) and Hours of Event. May not exceed 10 consecutive days. See A.R.S. § 4-244(15) and (17) for legal hours of service. Date Day of Week Event Start License End Time AM/PM Time AM/PM SAY 1: 11/13/15 Friday 9:00 a.m. 10:00 P.M. SAY 2: 11/14/15 Saturday 9:00 a.m. 10:00 P.M. DAY 3: 11/15/15 Sunday 10:00 a.m. 10:00 P.M. DAY 4: DAY 5: DAY 6: DAY 7: DAY 8: DAY 9: DAY 10: 8/13/2015 Page 2 of 4 Individuals requiring ADA accommodations call (602)542-9027. SECTION 12 License premises diagram. The licensed premises for your special event is the area in which you are authorized to sell, dispense or serve alcoholic beverages under the provisions of your license. The following space is to be used to prepare a diagram of your special event licensed premises. Please show dimensions, serving areas, fencing, barricades, or other control measures and security position. S 2 2 G 4C<\1 J vin 0-0 01--1A j J" a v Cl V✓1 • N 8/13/2015 Page 3 of 4 Individuals requiring ADA accommodations call (602)542-9027. FOUNTAIN PARI M25 K SkOwlv BL� I I p.WXWMKAM P= A:WY Z&A owl S =W LM MOM" adw " M WM am am &A* 9 wmwft ISM fil 0 %VA UL W low G=M sm 10" . sjgqs, :122 IL UflA . - UL R"AFFLE GT.. kilo WT'* WT FOOD S T WT 10) 1 BOOZE S*fl Drawing Scale 1/8 In -- *0 1 Foote. Aj A- BG ... Lenth200' Front of Beer Trk to Front of U HA U L Trk- 90' ST .. Serving Table V4T= Work Table CT CAVA Condiment Table WS -Wash Station S -Security IP-Dj- Power Drop 0 s Bike Lane 2 Traffic Lanes Left Turn Lane Median SECTION 13 To be completed only by an Officer, Director or Chairperson of the organization named in Section 1. CARL J. KRAWCZYK declare that I am an OFFICER, DIRECTOR, or CHAIRPERSON (Print Full Name) appointing the applicant listed in Section 9, to apply on behalf of the foregoing organization for a Special Event Liquor Lic nse. X wMWO�JA t✓ �p/ !J �O na ure) Title/ Position Date / Phone # The foregoing instrument was acknowledged before me this Day Month Year State �✓%2. a.. t— County of M o. c o D e— My Commission Expires on:� Z� Date Signature of Notary Public SECTION 14 This section is to be completed only by the applicant named in CARL J. KRAWCZYK declare that I am the A )TARY PUBLIC - ARIZOI MARICOPA COUNTY My Commission Expires (Print Full Name) listed in Section 9. 1 have read the application and the contents and all statements are true, correct and comple X Dw�w.a�d ✓ C7� (Signature) Title/ Position Date Phone # The foregoing instrument was acknowledged before me this Day Month Year State _ Nc , Lu v c - County of a+' + C-01 �– N A C Signature of Nota Public ? NOTARY PUBLIC - ARIZONA A COUNTY PI Macf MYEQ=a0i-,,@brI#-EGt0@sbo rd for additional application requirements and submission deadlines. Additional li i0c7,r Ared bef re approval may be granted. For more information, please contact your local jurisdiction: http://www.azliquor.gov/assets/documents/homepage docs/spec event links.pdf. SECTION 15 Local Governing Body Approval Section I, recommend ❑APPROVAL ❑ DISAPPROVAL (Government Official) (Title) on behalf of I , (City, Town, County) Signature Date Phone FOR DEPARTMENT OF LIQUOR LICENSES AND CONTROL USE ONLY ❑APPROVAL ❑ DISAPPROVAL BY: DATE: A.R.S. § 41-1030. Invalidity of rules not made according to this chapter; prohibited agency action; prohibited acts by state employees; enforcement; notice B. An agency shall not base a licensing decision in whole or in part on a licensing requirement or condition that is not specifically authorized by statute, rule or state tribal gaming compact. A general grant of authority in statute does not constitute a basis for imposing a licensing requirement or condition unless a rule is made pursuant to that general grant of authority that specifically authorizes the requirement or condition. D. THIS SECTION MAY BE ENFORCED IN A PRIVATE CIVIL ACTION AND RELIEF MAY BE AWARDED AGAINST THE STATE. THE COURT MAY AWARD REASONABLE ATTORNEY FEES, DAMAGES AND ALL FEES ASSOCIATED WITH THE LICENSE APPLICATION TO A PARTY THAT PREVAILS IN AN ACTION AGAINST THE STATE FOR A VIOLATION OF THIS SECTION. E. A STATE EMPLOYEE MAY NOT INTENTIONALLY OR KNOWINGLY VIOLATE THIS SECTION. A VIOLATION OF THIS SECTION IS CAUSE FOR DISCIPLINARY ACTION OR DISMISSAL PURSUANT TO THE AGENCY'S ADOPTED PERSONNEL POLICY. F. THIS SECTION DOES NOT ABROGATE THE IMMUNITY PROVIDED BY SECTION 12-820.01 OR 12-820.02. 8/13/2015 Page 4 of 4 Individuals requiring ADA accommodations call (602)542-9027. �lyTAI1v��L TOWN OF FOUNTAIN HILLS �O 11P Z n TOWN COUNCIL , 3 Meeting Date: 10/15/2015 Meeting Type: Regular Session Agenda Type: Consent Submitting Department: Community Services Staff Contact Information: Rachael Goodwin, Recreation and Tourism Supervisor, 480-816-5135 Strategic Planning Goal: Not Applicable (NA) Operational Priority: Not Applicable (NA) REQUEST TO COUNCIL (Agenda Language): CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION for the Women in Partnership (Rosemary Hansen) to be held in conjunction with the Annual Fountain Hills Art Festival on November 13- 15, 2015 from 9:00 am to 10:00 pm. Liquor sales will be restricted to N. Verde River Dr. within the festival layout. Applicant: Rosemary Hansen Applicant Contact Information: Property Location: Verde River Drive, Fountain Hills, AZ 85268 Related Ordinance, Policy or Guiding Principle: A.R.S. §4-203.02; 4-244; 4-261 and R19-1-228, R19-1- 235, and R19-1-309 Staff Summary (background): The purpose of this item is to obtain Council's approval regarding the special event liquor license application submitted by Rosemary Hansen representing the Women in Partnership, for submission to the Arizona Department of Liquor. The special event liquor license application was reviewed by staff for compliance with Town ordinances and staff unanimously recommends approval of this special event liquor license application as submitted. Risk Analysis (options or alternatives with implications): N/A Fiscal Impact (initial and ongoing costs; budget status): N/A Budget Reference (page number): N/A Funding Source: NA If Multiple Funds utilized, list here: Budgeted; if No, attach Budget Adjustment Form: NA Recommendation(s) by Board(s) or Commission(s): N/A Staff Recommendation(s): Approve List Attachment(s): Applications SUGGESTED MOTION (for council use): Move to approve the Special Event Liquor License as presented. Page 1 of 2 Prepared by: Rachael Goodwin creation Supervisor Yj/6xU15 Director's Approval: Mark Mayer, Community Services Director Y 102015 App v d: tn-,� Grady Miller, Town na r 10/7/2015 Page 2 of 2 TOWN OF FOUNTAIN HILLS ADMINISTRATION DEPARTMENT INTER OFFICE MEMO TO: (as applicable) DATE: 9/29 • Streets Division Denied • Fire Department Building Safety • Building Division • Community Services X • Development Services Rachael Goodwin • Law Enforcement • Licensing Development Services FR: Rachael Goodwin, RE: Liquor License Application Recreation Supervisor Attached is a Liquor License Application for staff review. Review the application, then sign, indicating staff's recommendation for approval (with or without stipulations) or denial. If staff's recommendation is to deny and/or there are stipulations for approval, please attach a memo that specifies the reasoning and the memo will be forwarded on to the Town Council for their consideration of this application. Name of Organization: Women in Partnership Applicant: Rosemary Hansen Date(s) of Event: Nov 13-15, 2015 at Saguaro Blvd, in conjunction with the Fall Art Festival Date Application Received: 09/28/15 Town Council Agenda Date: 10/15/2015 STAFF REVIEW AND RECOMMENDATION: Department/Division Staff Member Approved Denied N/A Building Safety Jason Field X Community Services Rachael Goodwin Development Services Bob Rodgers Fire Department Dave Ott Law Enforcement Mark Fisher Licensing Sonia Kukkola X Street Department Justin Weldy Attach report for denial or any recommendation requiring stipulations. ` 7 - % .3 - I I USE ONLY rt/end: IMPORTANT INFORMATION: This document must be fully completed or it will be returned. The Department of Liquor Licenses and Control must receive this application ten (10) business days prior to the event. If the special event will be held at a location without a permanent liquor license or if the event will be on any portion of a location that is not covered by the existing liquor license, this application must be approved by the local government before submission to the Department of Liquor Licenses and Control (see Section 15). SECTION 1 Name of Organization: WOMEN IN PARTNERSHIP SECTION 2 Non-Profit/IRS Tax Exempt Number: ARIZONA NON-PROFIT ORGANIZATION; EIN 35-2533468 SECTION 3 The organization is a: (check one box only) ❑✓ Charitable❑Fraternal (must have regular membership and have been in existence for over five (5) years) ❑Religious ❑Civic (Rotary, College Scholarship) ❑Political Party, Ballot Measure or Campaign Committee SECTION 4 Will this event be held on a currently licensed premise and within the already approved premises?❑Yes✓❑No Name of Business License Number Phone (include Area Code) SECTION 5 How is this special event going to conduct all dispensing, serving, and selling of spirituous liquors? Please read R-19- 318 for explanation (look in special event planning guide) and check one of the following boxes. El Place license in non-use ❑Dispense and serve all spirituous liquors under retailer's license @Dispense and serve all spirituous liquors under special event []Split premise between special event and retail location (If not using retail license, submit a letter of agreement from the agent/owner of the licensed premise to suspend the license during the event. If the special event is only using a portion of premise, agent/owner will need to suspend that portion of the premise.) SECTION b What is the purpose of this event? @On-site consumption ❑Off-site (auction) ❑Both SECTION 7 Location of the Event: North Verde River Drive Address of Location: 12800 North Verde River Drive, Fountain Hills, Maricopa, AZ 85268 Street City COUNTY State Zip SECTION 8 Will this be stacked with a wine festival/craft distiller festival? ❑Yes @No SECTION 9 Applicant must be a member of the qualifying organization and authorized by an Officer, Director or Chairperson of the Organization named in Section 1. (Authorizing signature is required in Section 13.) 1. Applicant: HANSEN, ROSEMARY HAAG Last First Middle Date of Birth 2. Applicant's mailing address: 16957 East Kiwanis Drive, Fountain Hills, AZ 85268 City State Zip 3. Applicant's home/cell phone: Applicant's business phone: 4. Applicant's email address: 8/13/2015 Page 1 of 4 Individuals requiring ADA accommodations call (602)542-9027. 0 SECTION 10 1. Has the applicant been convicted of a felony, or had a liquor license revoked within the last five (5) years? [:]Yes E]No (if yes, attach explanation.) 2. How man special event licenses have been issued to this location this ear? 0 Y p Y (The number cannot exceed 12 events per year; exceptions under A.R.S. §4-203.02(D).) 3. Is the organization using the services of a promoter or other person to manage the event? Dyes DE No (If yes, attach a copy of the agreement.) 4. List all people and organizations who will receive the proceeds. Account for 100% of the proceeds. The organization app!ying must receive 25% of the gross revenues of the special event liquor sales. Attach an additional page if necessary. Name Women in Partnership Percentage: 100% Address 16957 East Kiwanis Drive, Fountain Hills, AZ 85268 Street City State Tip Name Percentage: Address Street City State Tip 5. Please read A.R.S. § 4-203.02 Special event license; rules and R 19-1-205 Requirements for a Special Event License. Note: All ALCOHOLIC BEVERAGE SALES MUST BE FOR CONSUMPTION AT THE EVENT SITE ONLY. "NO ALCOHOLIC BEVERAGES SHALL LEAVE SPECIAL EVENT UNLESS THEY ARE IN AUCTION SEALED CONTAINERS OR THE SPECIAL EVENT LICENSE IS STACKED WITH WINE /CRAFT DISTILLERY FESTIVAL LICENSE" 6. What type of security and control measures will you take to prevent violations of liquor laws at this event? (List type and number of police/security personnel and type of fencing or control barriers, if applicable.) 0 Number of Police 1 Number of Security Personnel MV Fencing 013arriers Explanation: Fencing around entire beer garden area with security personnel at the one entrance. See attached diagram. 8/13/2015 Page 2 of 4 Individuals requiring ADA accommodations call (602)542-9027. SECTION 11 Date(s) and Hours of Event. May not exceed 10 consecutive days. See A.R.S. § 4-244(15) and (17) for legal hours of service. Date Day of Week Event Start License End Time AM/PM Time AM/PM SAY 1: 11/13/15 Friday 9:00 a.m. 10:00 P.M. DAY 2: 11/14/15 Saturday 9:00 a.m. 10:00 P.M. DAY 3: 11/15/15 Sunday 10:00 a.m. 10:00 P.M. DAY 4: DAY 5: DAY b: DAY 7: DAY 8: DAY 9: DAY 10: 8/13/2015 Page 2 of 4 Individuals requiring ADA accommodations call (602)542-9027. SECTION 12 License premises diagram. The licensed premises for your special event is the area in which you are authorized to sell, dispense or serve alcoholic beverages under the provisions of your license. The following space is to be used to prepare a diagram of your special event licensed premises. Please show dimensions, serving areas, fencing, barricades, or other control measures and security position. 8/13/2015 Page 3 of 4 Individuals requiring ADA accommodations call (602)542-9027. N Verde River Dr - Google Maps https://www. google.com/maps/place/N+Verde+River+Dr,+k'ountain+ti... „, _.;,� N r'erd¢Prvcrm lry F 7,fflc TranM1 Bcyclnq Teaain-Se Rhnearby _ �,,, . sr �•�\' 5yy6}T -� -.� '' �'.CFmsCmVea"� ..; . f�naru...w 5:. 2 �nmrro Nauss Y� H&i :F(NRrx�r '.. � �Ncr�ry '. .�aYYrYam¢c wxvemraeoy4,. .. �C.atNwMtY .: ExitFtffiv �. '� r. •: CYC__14NrNuz�m n . .F.e,p' :, u+amavmsyaaca+i` d imiiw�HRa . 2 _: �a x � .N;t�' ca�,miyeeaerf F`weo GxHgs O(fcaisx Pitz •Y: ,� k93 �q V q rSa 2fb6r>. '3v. ,za Mro e.rsamiewoge roar I of 1 10/3/2014 1:29 PM North Diagram of Mini Beer Garden Set Up SECTION 13 To be completed only by an Officer, Director or Chairperson of the organization named in Section 1. ROSEMARY HAAG HANSEN declare that I am an OFFICER, DIRECTOR, or CHAIRPERSON (Print Full Name) appointing the applicant listed in Section 9, to apply on behalf of the foregoing organization for a Special Event LiqLicense. uZ. X !' , , � T�)\yCQ:�ov' q -q-r5 (Signature) Title/ Position Date Phone # The foregoing instrument was acknowledged before me this Z'a/-r Day Month Year State Al"1 Zug. G-- County of M0,v� �'- o ✓ ° My Commission Expires on: /7 Date Sign 3tur ry Pu*LANDA COZENS M -m NOTARY PUBLIC -ARIZONA MARICCIPA C0011", SECTION 14 This section is to be completed only by the applicant named in Sec i,;,, . My Commission Expires April 17, 2018 ROSEMARY HAAG HANSEN declare that I am the APPLICANT filing this application as (Print Full Name) listed in Section 9. 1 have read the application and the contents and all statements are true, correct and com tete. X (Signature) Title/ Position Date Phone # The foregoing instrument was acknowledged before me this J�j0 �'�W/S_ Day Month Year State Pc�. L ev. County of 'VA o. (c o J� My Commission Expires on: -/—/ 7 -21-�� j4jqW§rrLALANDA COZEN; Date Signatur- TcNOTARY PUBLIC - ARIZO ti MARICOPA COUNTY My Commission Expire: Please contact the local governing board for additional application requirements a d Is ion deaiB0ris7Padationc licensing fees may also be required before approval may be granted. For more informa ion, please contact your IOM jurisdiction: http://www.azliguor.clov/assets/documents/homepage docs/spec event links.pdf. SECTION 15 Local Governing Body Approval Section I, recommend ❑APPROVAL ❑ DISAPPROVAL (Government Official) (rdle) on behalf of I , (City, Town, County) Signature Date Phone FOR DEPARTMENT OF LIQUOR LICENSES AND CONTROL USE ONLY ❑APPROVAL ❑ DISAPPROVAL BY: DATE: A.R.S. § 41-1030. Invalidity of rules not made according to this chapter; prohibited agency action; prohibited acts by state employees: enforcement: notice B. An agency shall not base a licensing decision in whole or in part on a licensing requirement or condition that is not specifically authorized by statute, rule or state tribal gaming compact. A general grant of authority in statute does not constitute a basis for imposing a licensing requirement or condition unless a rule is made pursuant to that general grant of authority that specifically authorizes the requirement or condition. D. THIS SECTION MAY BE ENFORCED IN A PRIVATE CIVIL ACTION AND RELIEF MAY BE AWARDED AGAINST THE STATE. THE COURT MAY AWARD REASONABLE ATTORNEY FEES, DAMAGES AND ALL FEES ASSOCIATED WITH THE LICENSE APPLICATION TO A PARTY THAT PREVAILS IN AN ACTION AGAINST THE STATE FOR A VIOLATION OF THIS SECTION. E. A STATE EMPLOYEE MAY NOT INTENTIONALLY OR KNOWINGLY VIOLATE THIS SECTION. A VIOLATION OF THIS SECTION IS CAUSE FOR DISCIPLINARY ACTION OR DISMISSAL PURSUANT TO THE AGENCY'S ADOPTED PERSONNEL POLICY. F. THIS SECTION DOES NOT ABROGATE THE IMMUNITY PROVIDED BY SECTION 12-820.01 OR 12-820.02. 8/13/2015 Page 4 of 4 Individuals requiring ADA accommodations call (602)542-9027. �yTAINk "IllillL.4-t i� yoo Meeting Date: 10/15/2015 Agenda Type: Consent TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Type: Regular Session Submitting Department: Development Services Staff Contact Information: Justin T. Weldy E-MAIL jweldy@fh.az.gov Phone ( 602-721-2646) Strategic Planning Goal: Not Applicable (NA) Operational Priority: Not Applicable (NA) REQUEST TO COUNCIL (Agenda Language): CONSIDERATION of Cooperative Purchase Agreement C2016-176 between Synergy Petroleum, LLC and the Town of Fountain Hills for bulk fuel purchasing in an amount not to exceed $112,000. Applicant: Justin T. Weldy Applicant Contact Information: E-MAIL jweldy@fh.az.gov Phone ( 602-721-2646) Owner: Senergy Petroleum Owner Contact Information: Mark Panzica,622 South 56th Ave Phoenix AZ 85043. 480-703-0410 Property Location: NA Related Ordinance, Policy or Guiding Principle: Procurement Policy #13-04 Staff Summary (background): Historically, staff has purchased fuel for Town vehicles from an approved state contract, without having a contract with the vendor. With the newly adopted procurement policy, staff will be using a cooperative purchase agreement, piggybacking off an approved State of Arizona contract. The cooperative purchase agreement is for an amount not to exceed $42,000 for the remiander of FY15-16 and $70,000 for FY16-17. Risk Analysis (options or alternatives with implications): NA Fiscal Impact (initial and ongoing costs; budget status): $112,000.00 Budget Reference (page number): NA Funding Source: General Fund If Multiple Funds utilized, list here: Hurf & General Fund Budgeted; if No, attach Budget Adjustment Form: NA Recommendation(s) by Board(s) or Commission(s): NA Staff Recommendation(s): Staff reccommends approval of the cooperative purchase agreement for bulk fuel. List Attachment(s): Cooperative Purchase Agreement SUGGESTED MOTION (for council use): CONSIDERATION of Cooperative Purchase Agreement C2016-176 between Synergy Petroleum, LLC and the Town of Fountain Hills for bulk fuel purchasing in an amount not to exceed $112,000. Page 1 of 2 I'D irectoral: P ul Mood' Development Services Director 10/6/2015 Approved: rady E. ille , ow Onager 10/6/2015 Page 2 of 2 Contract No. C2016-176 COOPERATIVE PURCHASING AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND SENERGY PETROLEUM, LLC THIS COOPERATIVE PURCHASING AGREEMENT (this "Agreement") is entered into as of October 15, 2015, between the Town of Fountain Hills, an Arizona municipal corporation (the "Town"), and Senergy Petroleum, LLC, an Arizona limited liability company (the "Vendor"). R F.CTTAT ,,q A. After a competitive procurement process, the State of Arizona, by and through its Department of Transportation (the "State"), entered into Contract No. ADOT12-017277, dated January 31, 2012, as amended by that certain Amendment No. 1 dated October 18, 2012, with Union Distributing Company of Tucson, an Arizona corporation ("UDC"), for UDC to provide bulk fuel (collectively, the "UDC Contract"). The UDC Contract was transitioned to the State Procurement Office in January 2013, and issued Contract No. ADSPOI3-037520. B. UDC merged with Brown Evans Distributing Co. on August 1, 2013, forming Vendor. The UDC Contract was assigned to Vendor effective August 8, 2013, issued Contract No. ADSP014-052198 and was subsequently amended by that certain Change Order No. 1, dated November 18, 2013, that certain Change Order No. 2, dated February 13, 2014, that certain Change Order No. 3, dated November 18, 2014, that certain Change Order No. 5, dated June 19, 2015, and that certain Change Order No. 6, dated September 23, 2015 (collectively, the "State Contract"). A copy of the State Contract is attached hereto as Exhibit A and incorporated herein by reference, to the extent not inconsistent with this Agreement. C. The Town is permitted, pursuant to Section 3-3-27 of the Town Code, to make purchases under the State Contract, at its discretion and with the agreement of the awarded Vendor, and the State Contract permits its cooperative use by other public entities, including the Town. D. The Town and the Vendor desire to enter into this Agreement for the purpose of (i) acknowledging their cooperative contractual relationship under the State Contract and this Agreement, (ii) establishing the terms and conditions by which the Vendor may provide the Town with bulk fuel, as more particularly set forth in Section 2 below on an "as -required" basis (the "Materials") and (iii) setting the maximum aggregate amount to be expended pursuant to this Agreement related to the Materials. AGREEMENT NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated herein by reference, the following mutual covenants and conditions, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Town and the Vendor hereby agree as follows: 2469698.1 1. Term of Agreement. This Agreement shall be effective as of the date first set forth above and shall remain in full force and effect until January 30, 2016 (the "Initial Term"), unless terminated as otherwise provided in this Agreement or the State Contract. After the expiration of the Initial Term, this Agreement may be renewed for one successive one-year term (a "Renewal Term") if (i) it is deemed in the best interests of the Town, subject to availability and appropriation of funds for renewal in the subsequent year, (ii) the term of the State Contract has not expired, (iii) at least 30 days prior to the end of the then -current term of this Agreement, the Vendor requests, in writing, to extend this Agreement for an additional one-year term and (iv) the Town approves the additional one-year term in writing (including any price adjustments approved as part of the State Contract, as evidenced by the Town Manager's signature thereon, which approval may be withheld by the Town for any reason. The Vendor's failure to seek a renewal of this Agreement shall cause this Agreement to terminate at the end of the then -current term of this Agreement; provided, however, that the Town may, at its discretion and with the agreement of the Vendor, elect to waive this requirement and renew this Agreement. The Initial Term and any Renewal Term are collectively referred to herein as the "Term." Upon renewal, the terms and conditions of this Agreement shall remain in full force and effect. 2. Purchase of Materials. This is an indefinite quantity and indefinite delivery Agreement for Materials under the terms and conditions of the State Contract. The Town does not guarantee any minimum or maximum number of purchases will be made pursuant to this Agreement. Purchases will only be made when the Town identifies a need and proper authorization and documentation have been approved. For purchase(s) determined by the Town to be appropriate for this Agreement, the Vendor shall provide the specific Materials to the Town in such quantities and configurations as may be agreed upon between the parties, in the form of a written invoice, quote, materials order or other form of written agreement describing the materials to be delivered (each, a "Materials Order"). Each Materials Order shall (i) contain a reference to this Agreement and the State Contract and (ii) be attached hereto as Exhibit B and incorporated herein by reference. A Materials Order submitted without referencing this Agreement and the State Contract will be subject to rejection. Vendor acknowledges and agrees that a Materials Order containing unauthorized exceptions, conditions, limitations, or provisions in conflict with the terms of this Agreement, other than Town's project -specific requirements, is hereby expressly declared void and shall be of no force and effect. 2.1 Inspection; Acceptance. Materials are subject to final inspection and acceptance by the Town. Materials failing to conform to the requirements of this Agreement and/or the State Contract will be held at the Vendor's risk and may be returned to the Vendor. If so returned, all costs are the responsibility of the Vendor. Upon discovery of non -conforming Materials, the Town may elect to do any or either of the following by written notice to the Vendor: (i) waive the non-conformance or (ii) bring Materials into compliance and withhold the cost of same from any payments due to the Vendor. 2.2 Cancellation. The Town reserves the right to cancel any Materials Order within a reasonable period of time after issuance. Should a Materials Order be canceled, the Town agrees to reimburse the Vendor, but only for actual and documentable costs incurred by the Vendor due to and after issuance of the Materials Order. The Town will not reimburse the Vendor for any costs incurred after receipt of the Town notice of cancellation, or for lost profits, 2469698.1 2 shipment of product prior to issuance of a Materials Order or for anything not expressly permitted pursuant to this Agreement. 3. Compensation. For the Initial Term, the Town shall pay the Vendor an aggregate amount not to exceed $42,000.00 for the Materials at the unit rates set forth in the State Contract. Thereafter, for the subsequent Renewal Term, if any, the Town shall pay the Vendor an annual aggregate amount not to exceed $70,000.00 for the Materials at the unit rates set forth in the State Contract. The maximum aggregate amount for this Agreement, including the Renewal Term, shall not exceed $112,000.00. 4. Pam. The Town shall pay the Vendor monthly, based upon acceptance and delivery of Materials, and upon submission and approval of invoices. Each invoice shall (i) contain a reference to this Agreement and the State Contract and (ii) document and itemize all Materials delivered and accepted to date. The invoice statement shall include a record of materials delivered, time expended and work performed in sufficient detail to justify payment. Additionally, invoices submitted without referencing this Agreement and the State Contract will be subject to rejection and may be returned. 5. Conflict of Interest. This Agreement may be canceled by the Town pursuant to ARiz. REv. STAT. § 38-511. 6. Applicable Law; Venue. This Agreement shall be governed by the laws of the State of Arizona and a suit pertaining to this Agreement may be brought only in courts in Maricopa County, Arizona. 7. Agreement Subject to Appropriation. The Town is obligated only to pay its obligations set forth in this Agreement as may lawfully be made from funds appropriated and budgeted for that purpose during the Town's then current fiscal year. The Town's obligations under this Agreement are current expenses subject to the "budget law" and the unfettered legislative discretion of the Town concerning budgeted purposes and appropriation of funds. Should the Town elect not to appropriate and budget funds to pay its Agreement obligations, this Agreement shall be deemed terminated at the end of the then -current fiscal year term for which such funds were appropriated and budgeted for such purpose and the Town shall be relieved of any subsequent obligation under this Agreement. The parties agree that the Town has no obligation or duty of good faith to budget or appropriate the payment of the Town's obligations set forth in this Agreement in any budget in any fiscal year other than the fiscal year in which this Agreement is executed and delivered. The Town shall be the sole judge and authority in determining the availability of funds for its obligations under this Agreement. The Town shall keep Vendor informed as to the availability of funds for this Agreement. The obligation of the Town to make any payment pursuant to this Agreement is not a general obligation or indebtedness of the Town. Vendor hereby waives any and all rights to bring any claim against the Town from or relating in any way to the Town's termination of this Agreement pursuant to this section. 8. Conflicting Terms. In the event of any inconsistency, conflict or ambiguity among the terms of this Agreement, any Town -approved Materials Order, the State Contract and invoices, the documents shall govern in the order listed herein. Notwithstanding the foregoing, 2469698.1 3 and in conformity with Section 2 above, unauthorized exceptions, conditions, limitations or provisions in conflict with the terms of this Agreement or the State Contract (collectively, the "Unauthorized Conditions"), other than the Town's project -specific requirements, are expressly declared void and shall be of no force and effect. Acceptance by the Town of any Materials Order or invoice containing any such Unauthorized Conditions or failure to demand full compliance with the terms and conditions set forth in this Agreement or under the State Contract shall not alter such terms and conditions or relieve Vendor from, nor be construed or deemed a waiver of, its requirements and obligations in the performance of this Agreement. 9. Rights and Privileges. To the extent provided under the State Contract, the Town shall be afforded all of the rights and privileges afforded to the State and shall be the "State" (as defined in the State Contract) for the purposes of the portions of the State Contract that are incorporated herein by reference. 10. Indemnification; Insurance. In addition to and in no way limiting the provisions set forth in Section 9 above, the Town shall be afforded all of the insurance coverage and indemnifications afforded to the State to the extent provided under the State Contract, and such insurance coverage and indemnifications shall inure and apply with equal effect to the Town under this Agreement including, but not limited to, the Vendor's obligation to provide the indemnification and insurance. In any event, the Vendor shall indemnify, defend and hold harmless the Town and each council member, officer, employee or agent thereof (the Town and any such person being herein called an "Indemnified Parry"), for, from and against any and all losses, claims, damages, liabilities, costs and expenses (including, but not limited to, reasonable attorneys' fees, court costs and the costs of appellate proceedings) to which any such Indemnified Party may become subject, under any theory of liability whatsoever ("Claims"), insofar as such Claims (or actions in respect thereof) relate to, arise out of, or are caused by or based upon the negligent acts, intentional misconduct, errors, mistakes or omissions, in connection with the work or services of the Vendor, its officers, employees, agents, or any tier of subcontractor in the performance of this Agreement. 11. Notices and Requests. Any notice or other communication required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given if (A) delivered to the party at the address set forth below, (B) deposited in the U.S. Mail, registered or certified, return receipt requested, to the address set forth below or (C) given to a recognized and reputable overnight delivery service, to the address set forth below: If to the Town: Town of Fountain Hills 16705 East Avenue of the Fountains Fountain Hills, Arizona 85268 Attn: Grady E. Miller, Town Manager With copy to: GUST ROSENFELD P.L.C. One East Washington Street, Suite 1600 Phoenix, Arizona 85004-2553 Attn: Andrew J. McGuire, Esq. 2469698.1 4 If to Vendor: Senergy Petroleum, LLC 622 South 56th Avenue Phoenix, Arizona 85043 Attn: Mark Panzica or at such other address, and to the attention of such other person or officer, as any party may designate in writing by notice duly given pursuant to this subsection. Notices shall be deemed received (A) when delivered to the party, (B) three business days after being placed in the U.S. Mail, properly addressed, with sufficient postage or (C) the following business day after being given to a recognized overnight delivery service, with the person giving the notice paying all required charges and instructing the delivery service to deliver on the following business day. If a copy of a notice is also given to a party's counsel or other recipient, the provisions above governing the date on which a notice is deemed to have been received by a party shall mean and refer to the date on which the party, and not its counsel or other recipient to which a copy of the notice may be sent, is deemed to have received the notice. [SIGNATURES ON FOLLOWING PAGES] 2469698.1 5 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first set forth above. "Town" TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation Grady E. Miller, Town Manager ATTEST: Bevelyn J. Bender, Town Clerk (ACKNOWLEDGMENT) STATE OF ARIZONA ) ) ss. COUNTY OF MARICOPA ) On , 2015, before me personally appeared Grady E. Miller, the Town Manager of the TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation, whose identity was proven to me on the basis of satisfactory evidence to be the person who he claims to be, and acknowledged that he signed the above document, on behalf of the Town of Fountain Hills. Notary Public (Affix notary seal here) [SIGNATURES CONTINUE ON FOLLOWING PAGE] 2469698.1 6 "Vendor" SENERGY PETROLEUM, LLC, an Arizona limited liability company Name: Title: (ACKNOWLEDGMENT) STATE OF ARIZONA ) ) ss. COUNTY OF MARICOPA ) On , 2015, before me personally appeared the of SENERGY PETROLEUM, LLC, an Arizona limited liability company, whose identity was proven to me on the basis of satisfactory evidence to be the person who he/she claims to be, and acknowledged that he/she signed the above document on behalf of the limited liability company. Notary Public (Affix notary seal here) 2469698.1 7 EXHIBIT A TO COOPERATIVE PURCHASING AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND SENERGY PETROLEUM, LLC [State Contract] See following pages. 2469698.1 The above-mentioned contract is hereby amended as follows: A. In accordance with the Special Terms and Conditions Section 19, Insurance Requirements, updated Insurance Certificates can be found in the attachments tab titled Senergy Bulk Fuel COI — Expires 08.01.16 B. Shipping Line Item No. 1-100 and 104-153 NIGP Code has been changed from 405-09 or 405-15 to 962-86, Tax Line Item No. 103 NIGP Code has been changed from 405-15 to 963-79, Credit Card Fee Line Item No. 155 NIGP Code has been changed from 405-15 to 963-38, Rate for Emergency Orders Line Item No. 101 NIGP Code has changed from 405-15 to 962-86 ALL OTHER REQUIREMENTS, SPECIFICATIONS, TERMS AND CONDITIONS REMAIN UNCHANGED ACKNOWLEDGEMENT AND AUTHORIZATION This change order shall be fully executed upon the approval electronically in ProcureAZ by an authorized representative of the Contractor and applied to the contract by the Procurement Officer or delegate. Contract Change Order Summary Available online at Page 1 of 1 Procure.AZ.goy E T Contract Change Order Summary State of Arizona State Procurement Office 6 N Contract No.: ADSP014-052198 100 N. 15TH Avenue, Suite 201 Phoenix, AZ 85007 Change Order No.: 06 Date: September 23, 2015 The above-mentioned contract is hereby amended as follows: A. In accordance with the Special Terms and Conditions Section 19, Insurance Requirements, updated Insurance Certificates can be found in the attachments tab titled Senergy Bulk Fuel COI — Expires 08.01.16 B. Shipping Line Item No. 1-100 and 104-153 NIGP Code has been changed from 405-09 or 405-15 to 962-86, Tax Line Item No. 103 NIGP Code has been changed from 405-15 to 963-79, Credit Card Fee Line Item No. 155 NIGP Code has been changed from 405-15 to 963-38, Rate for Emergency Orders Line Item No. 101 NIGP Code has changed from 405-15 to 962-86 ALL OTHER REQUIREMENTS, SPECIFICATIONS, TERMS AND CONDITIONS REMAIN UNCHANGED ACKNOWLEDGEMENT AND AUTHORIZATION This change order shall be fully executed upon the approval electronically in ProcureAZ by an authorized representative of the Contractor and applied to the contract by the Procurement Officer or delegate. Contract Change Order Summary Available online at Page 1 of 1 Procure.AZ.goy The above mentioned contract is hereby amended as follows; Vendor is allowing for p -card purchases. Line Item 155 has been added to account for p -card purchases. Price will be based on the OPIS weekly contract average formula, plus the adder or subtractor, plus 3.09% for credit card fees. ALL OTHER REQUIREMENTS, SPECIFICATIONS, TERMS AND CONDITIONS REMAIN UNCHANGED ACKNOWLEDGEMENT AND AUTHORIZATION This change order shall be fully executed upon the approval electronically in ProcureAZ by an authorized representative of the Contractor and applied to the contract in ProcureAZ by the Procurement Officer or delegate. Available online at Page 1 1 Procure.AZ.gov E T Contract Change Order Summary State of Arizona State Procurement Office Contract No.: ADSP014-052198 6 N 100 N. 15TH Avenue, Suite 201 Phoenix, AZ 85007 Change Order No.: 05 Date: June 19, 2015 The above mentioned contract is hereby amended as follows; Vendor is allowing for p -card purchases. Line Item 155 has been added to account for p -card purchases. Price will be based on the OPIS weekly contract average formula, plus the adder or subtractor, plus 3.09% for credit card fees. ALL OTHER REQUIREMENTS, SPECIFICATIONS, TERMS AND CONDITIONS REMAIN UNCHANGED ACKNOWLEDGEMENT AND AUTHORIZATION This change order shall be fully executed upon the approval electronically in ProcureAZ by an authorized representative of the Contractor and applied to the contract in ProcureAZ by the Procurement Officer or delegate. Available online at Page 1 1 Procure.AZ.gov June 16, 2015 Jennifer Wenger Senior Procurement Specialist Strategic Contracts State Procurement Office 100 North 15th Avenue Phoenix, Az. 80557 As an addendum to fuel contract ADSPOI4-0521981, and in order to accommodate the State's desire to select its payment method, Senergy Petroleum LLC will continue to offer a cash/check/EFT discount price as currently contracted. An additional line item will be added as Senergy's posted price. The posted price will be based on the OPIS weekly contract average formula, plus the adder or subtractor, plus 3.09% to the invoice. The posted price is used for all other forms of payment. All other terms of the contract will remain unchanged. Bulk Fuel Senergy Petroleum LLC 6. In accordance with Special Terms and Conditions Paragraph 2, Contract Extension, the above mentioned contract is hereby amended as follows: a. The term of the contract shall be extended an additional twelve (12) months through January 30, 2016. ALL OTHER REQUIREMENTS, SPECIFICATIONS, TERMS AND CONDITIONS REMAIN UNCHANGED ACKNOWLEDGEMENT•- • This change order shall be fully executed upon the approval electronically in ProcureAZ by an authorized representative of the Contractor and applied to the contract in ProcureAZ by the Procurement Officer or delegate. Available online at Page 1 1 Procure.AZ.gov Arizona Department of E r Contract Change Order Summary Administration - N State Procurement Office Contract No.: ADSP014-052198 * 100 N. 15th Avenue, Suite 201 Phoenix, AZ 85007 Change Order No.: 3 Date: November 18, 2014 Bulk Fuel Senergy Petroleum LLC 6. In accordance with Special Terms and Conditions Paragraph 2, Contract Extension, the above mentioned contract is hereby amended as follows: a. The term of the contract shall be extended an additional twelve (12) months through January 30, 2016. ALL OTHER REQUIREMENTS, SPECIFICATIONS, TERMS AND CONDITIONS REMAIN UNCHANGED ACKNOWLEDGEMENT•- • This change order shall be fully executed upon the approval electronically in ProcureAZ by an authorized representative of the Contractor and applied to the contract in ProcureAZ by the Procurement Officer or delegate. Available online at Page 1 1 Procure.AZ.gov Bulk Fuel Senergy Petroleum LLC 1. Change Order #2 created to add line item #154 for agencies utilizing the Receipt Method of Dollars. Line item shall read "Generic line item to be used by agencies using Receipt Method in Dollars". ALL OTHER REQUIREMENTS, SPECIFICATIONS, TERMS AND CONDITIONS REMAIN UNCHANGED THIS CHANGE ORDER WAS PROCESSED AS A UNILATERAL CHANGE ORDER. ALL CONTRACT SPECIFICATIONS, TERMS AND CONDITIONS AND REQUIREMENTS SHARLL REMAIN UNCHANGED. NO ACKNOWLEDGEMENT OR APPROVAL IS NECESSARY. Available online at Procure.AZ.go E T Contract Change Order Summary State of Arizona State Procurement Office Contract No.: ADSP014-052198 6 N 100 N. 15TH Avenue, Suite 201 Phoenix, AZ 85007 Change Order No.: 02 Date: February 13, 2014 Bulk Fuel Senergy Petroleum LLC 1. Change Order #2 created to add line item #154 for agencies utilizing the Receipt Method of Dollars. Line item shall read "Generic line item to be used by agencies using Receipt Method in Dollars". ALL OTHER REQUIREMENTS, SPECIFICATIONS, TERMS AND CONDITIONS REMAIN UNCHANGED THIS CHANGE ORDER WAS PROCESSED AS A UNILATERAL CHANGE ORDER. ALL CONTRACT SPECIFICATIONS, TERMS AND CONDITIONS AND REQUIREMENTS SHARLL REMAIN UNCHANGED. NO ACKNOWLEDGEMENT OR APPROVAL IS NECESSARY. Available online at Procure.AZ.go Bulk Fuel Senergy Petroleum LLC 1. In accordance with Special Terms and Conditions Paragraph 2, Contract Extension, the above mentioned contract is hereby amended as follows: a. The term of the contract shall be extended an additional 12 months through January 30, 2015. ALL OTHER REQUIREMENTS, SPECIFICATIONS, TERMS AND CONDITIONS REMAIN UNCHANGED This Change Order shall not be binding on the State until it is acknowledged and accepted electronically in ProcureAZ by an authorized representative of the Contractor and accepted by and authorized representative of the State. Available online at Procure.AZ.gov E T Contract Change Order Summary State of Arizona State Procurement Office Contract No.: ADSP014-052198 6 N 100 N. 15TH Avenue, Suite 201 Phoenix, AZ 85007 Change Order No.: 01 Date: November 18, 2013 Bulk Fuel Senergy Petroleum LLC 1. In accordance with Special Terms and Conditions Paragraph 2, Contract Extension, the above mentioned contract is hereby amended as follows: a. The term of the contract shall be extended an additional 12 months through January 30, 2015. ALL OTHER REQUIREMENTS, SPECIFICATIONS, TERMS AND CONDITIONS REMAIN UNCHANGED This Change Order shall not be binding on the State until it is acknowledged and accepted electronically in ProcureAZ by an authorized representative of the Contractor and accepted by and authorized representative of the State. Available online at Procure.AZ.gov Bulk Fuel 1. In accordance to the Consent to Assignment form (attached), Contract ADSP013-037520 with Union Distributing Company of Tucson will now be assigned to Contract ADSP014-052198 with Senergy Petroleum LLC. 2. All other terms, conditions and provisions remain unchanged. THIS CHANGE ORDER WAS PROCESSED AS A UNILATERAL CHANGE ORDER. ALL CONTRACT SPECIFICATIONS, TERMS AND CONDITIONS AND REQUIREMENTS REMAIN UNCHANGED. NO ACKNOWLEDGEMENT OR APPROVAL IS NECESSARY. E T Contract Change Order Summary State of Arizona State Procurement Office Contract No.: ADSP013-037520 6 N 100 N. 15TH Avenue, Suite 201 Phoenix, AZ 85007 Change Order No.: 1 Bulk Fuel 1. In accordance to the Consent to Assignment form (attached), Contract ADSP013-037520 with Union Distributing Company of Tucson will now be assigned to Contract ADSP014-052198 with Senergy Petroleum LLC. 2. All other terms, conditions and provisions remain unchanged. THIS CHANGE ORDER WAS PROCESSED AS A UNILATERAL CHANGE ORDER. ALL CONTRACT SPECIFICATIONS, TERMS AND CONDITIONS AND REQUIREMENTS REMAIN UNCHANGED. NO ACKNOWLEDGEMENT OR APPROVAL IS NECESSARY. STATE OF ARIZONA 4) CONSENT TO ASSIGNMENT I STATE OF ARIZONA State Procurement Office Department of Administration Contract Pio. ADSP013-037520 100 N. 15th Avenue #201 Phoenix, Arizona 85007 Union Distributing Company of Tucson hereinafter referred to as the "ASSIGNOR," hereby represents and warrants that the ASSIGNOR desires to assign Contract No. ADSP013-037520 for Bulk Fuel, hereinafter the "CONTRACT" to Senergy Petroleum LLC, hereinafter referred to as the "ASSIGNEE" ASSIGNOR warrants and represents ASSIGNOR has full right and authority to transfer the CONTRACT and the contract rights upon execution of this document. THEREFORE, essential to the STATE consenting to the assignment of the Contract from ASSIGNOR to ASSIGNEE, ASSIGNOR and ASSIGNEE represent, warrant, and agree with the STATE to the following statements: 1. ASSIGNEE represents and warrants that: (a) it has read and understands the terms and conditions of the Contract; (b) it has thorough knowledge of all work performed by ASSIGNOR under the Contract; and (c) any remaining work under the Contract can and shall be performed in a timely and satisfactory manner for the remaining Term of the Contract. 2. ASSIGNOR warrants and represents that the CONTRACT is in full force and effect and is fully assignable. 3. ASSIGNOR and ASSIGNEE hereby acknowledge and agree with the STATE that upon the date of signatures that neither ASSIGNOR nor ASSIGNEE have basis for filing any claim against the STATE in connection with the CONTRACT; and that no event has occurred which itself constitutes or would in the future constitute a default under the terms of the CONTRACT. 4. ASSIGNEE understands and agrees that it shall assume and be responsible for all obligations of ASSIGNOR under the CONTRACT, including but not limited to those pertaining to the quality and workmanship of all work performed by ASSIGNOR, and shall fully warrant such work in accordance with the requirements of the CONTRACT. 5. ASSIGNOR hereby releases and discharges the STATE from any and all claims and liabilities relating to or arising out of the CONTRACT. Further, ASSIGNOR understands and agrees that this consent shall not relieve ASSIGNOR of any of the obligations to be observed and performed by ASSIGNOR under the CONTRACT and that this consent shall not be construed as a waiver or limitation of any right the STATE has or may have against ASSIGNOR, and all rights of the STATE under the CONTRACT and/or under the law are expressly reserved. As witnessed below the ASSIGNOR and ASSIGNEE have executed this Agreement. ASSIGNOR: Union Distributing Company of Tucson TIN: 10-1152-87-C _ Taxpayer kuroarwi.,irra dart4t x jtx +t appears on Wr + �hrrr4 W-9 � x AnxeiPtr, efnUMrSIVaturt Date ASSIGNEE: Senergy Petroleum LLC TIN46-2658218 _ tam 4 tit(C attoR tit bar as tr appears on IRS Form W-9 R4 ese [ase 5� atatwe G PMW N ,TAW Contract No. ADSP013-037520 is without modification and remains on the terms contained and shall hereinafter be assigned Contract No. ADSPO-052198. The STATE hereby consents to this Assignment, effective as of this F day of 6A*, 2013. THE STATE OF ARIZONA DEPARTMENT OF ADMINISTRATION STATE PROCUREMENT OFFICE S�g�i3 By: Kianie Putnam Date Procurement Specialist 8052010/Contract Assienment Form) State of Arizona - Master Blanket Page 1 of 4 F--) r l..rdxana's Wsscurrarnx�ia S+sl�ei,rorr Master Blanket Purchase Order ADSP014-052198 Header Information Purchase Order ADSP014-052198 Release 0 Short Bulk Fuel Number: Number: Description: Status: 3PS - Sent Purchaser: Jennifer Receipt Quantity Wenger Method: Fiscal Year: 2014 PO Type: Blanket Minor Status: Organization: State of Arizona Department: ADSPO - State Procurement Location: SPO - State Type Code: Statewide Office Procurement Office Alternate ID: ADSP013-037520, ADOT12- Entered 07/17/2013 Control 017277 Date: 09:18:30 AM Code: Days ARO: 0 Retainage 0.00% Discount %: 0.00% Print Dest Detail: if Different Catalog ID: Release Direct Release Pcard Yes Type: Enabled: Contact Instructions: jennifer.wenger@azdoa.gov Tax Rate: Actual Cost: $0.00 Master Blanket/Contract 01/30/2017 12:59:59 PM End Date (Maximum): Project No.: Building Code: Cost Code: Special Purchase Types: PIJ NUMBER: Coop Spend To Date: Commodity Reference Id: PO External Doc Type: Agency PO Terms & Conditions - OLD Solicitation ADOT12-00001284.zip 02 - Contract ADSP013- Attachments: 037520 - ADSP014-052198-1.zip Change Order Summary 1 - ADSP014-052198.pdf Change Order Summary 2 - ADSP014-052198.pdf ADSP014-052198 Renewal-1.pdf ADSP014- 052198 Change Order 5 Summary ADSP014-052198 Change Order 6 Summary Senergy Bulk Fuel COI - Expires 8.1.16 https://procure.az.gov/bso/external/purchaseorder/poSummary. sdo,j sessionid=BB 8CB8FA... 9/23/2015 State of Arizona - Master Blanket Vendor Acknowledged Date/Time Purchase Emailed to mpanzica@gosenergy.com at 08/13/2013 01:51:21 PM Attachments: Change Emailed to mpanzica@gosenergy.com at 000034372 Agency Attachment Senergy Petroleum LLC Change Emailed to mpanzica@gosenergy.com at 10/28/2014 02:54:25 PM Forms: $3,716,449.70 $0.00 Master Control Vendor Attachment Forms: Primary Vendor Information & PO Terms Vendor: 000034372 - Senergv Payment Shipping Petroleum LLC Terms: Method: Mark Panzica 622 S. 56th Ave Shipping Freight Phoenix, AZ 85043 Terms: Terms: US Email: mpanzica@gosenergy.com PO Acknowledgements: Page 2 of 4 It. .� : 0001 Notifications Acknowledged Date/Time Purchase Emailed to mpanzica@gosenergy.com at 08/13/2013 01:51:21 PM Order 08/12/2013 12:43:31 PM Change Emailed to mpanzica@gosenergy.com at 000034372 Order 1 11/18/2013 03:56:52 PM Senergy Petroleum LLC Change Emailed to mpanzica@gosenergy.com at 10/28/2014 02:54:25 PM Order 2 02/13/2014 11:24:23 AM $3,716,449.70 Master Blanket/Contract Vendor Distributor List Vendor ID Alternative ID Vendor Name Preferred Delivery Method Vendor Distributor Status 000034372 PZ000034372 Senergy Petroleum LLC Email Active Master Blanket/Contract Controls Master Blanket/Contract Begin Date: 01/31/2012 Master Blanket/Contract End Date: 01/30/2016 Cooperative Purchasing Allowed: Yes Organization Department Dollar Dollars Spent to Minimum Order Limit Date Amount ALL ORG - Organization Umbrella AGY - Agency Umbrella $0.00 $3,716,449.70 $0.00 Master Control Master Control Item Information 1-5 of 155 1 2 3 4 5 6 7 8 9 10 Print Sequence # 1.0, Item # 129: MARICOPA COUNTY -Bulk Fuel Delivery- Unleaded -Pricing shall be 3PS - submitted for quantities of 0 to 1,000 Gallons - DO NOT INCLUDE Sent TAX NIGP Code: 962-86 Transportation of Goods and Other Freight Services Receipt Method Qty Unit Cost I UOM Discount % Total Discount Amt. Tax Rate Tax Amount Total Cost Quantity 0.0 $0.3529 1 GAL - Gallon 1 0.00 $0.00 $0.00 $0.00 Manufacturer: Brand: Model: Make: Packaging: Project No.: Building Code: https://procure.az.gov/bso/external/purchaseorder/poSummary. sdo,j sessionid=BB 8CB8FA... 9/23/2015 State of Arizona - Master Blanket Cost Code: Property Number: Page 3 of 4 Print Sequence # 2.0, Item # 130: MARICOPA COUNTY -Bulk Fuel Delivery -Unleaded -Pricing shall 3PS - be submitted for quantities of over 1,000 to 4,000 Gallons - DO NOT Sent INCLUDE TAX NIGP Code: 962-86 Transportation of Goods and Other Freight Services Receipt Method Qty Unit Cost UOM Discount % Total Discount Amt. Tax Rate Tax Amount Total Cost Quantity 0.0 $0.0661 GAL - Gallon 0.00 $0.00 $0.00 $0.00 Manufacturer: Brand: Model: Make: Packaging: Project No.: Building Code: Cost Code: Property Number: Print Sequence # 3.0, Item # 131: MARICOPA COUNTY -Bulk Fuel Delivery -Unleaded -Pricing shall 3PS - be submitted for quantities of over 4,000 to 10,000 Gallons - DO NOT Sent INCLUDE TAX NIGP Code: 962-86 Transportation of Goods and Other Freight Services Receipt Method Qty Unit Cost UOM Discount % Total Discount Amt. Tax Rate Tax Amount Total Cost Quantity 0.0 -$0.0101 GAL -Gallon 0.00 $0.00 $0.00 $0.00 Manufacturer: Brand: Model: Make: Packaging: Project No.: Building Code: Cost Code: Property Number: Print Sequence #4.0, Item # 132: MARICOPA COUNTY- Bulk Fuel Delivery- Unleaded Oxygenated - 3PS - Pricing shall be submitted for quantities of 0 to 1, 000 Gallons - DO Sent NOT INCLUDE TAX NIGP Code: 962-86 Transportation of Goods and Other Freight Services Receipt Method Qty Unit Cost UOM Discount % Total Discount Amt. Tax Rate Tax Amount Total Cost Quantity 0.0 $0.3529 GAL - Gallon 0.00 $0.00 $0.00 $0.00 Manufacturer: Brand: Model: Make: Packaging: Project No.: https://procure.az.gov/bso/external/purchaseorder/poSummary. sdo,j sessionid=BB 8CB8FA... 9/23/2015 State of Arizona - Master Blanket Building Code: Cost Code: Property Number: Page 4 of 4 Print Sequence # 5.0, Item # 133: MARICOPA COUNTY -Bulk Fuel Delivery- Unleaded Oxygenated - 3PS - Pricing shall be submitted for quantities of over 1,000 to 4,000 Gallons Sent - DO NOT INCLUDE TAX NIGP Code: 962-86 Transportation of Goods and Other Freight Services Receipt Method Qty Unit Cost UOM Discount % Total Discount Amt. Tax Rate Tax Amount Total Cost Quantity 0.0 $0.0661 GAL - Gallon 0.00 $0.00 $0.00 $0.00 Manufacturer: Brand: Model: Make: Packaging: Project No.: Building Code: Cost Code: Property Number: 1-5 of 155 1 2 3 4 5 6 7 8 9 10 Exit Copyright © 2015 Periscope Holdings, Inc. - All Rights Reserved. AZ-PAS3 https://procure.az.gov/bso/external/purchaseorder/poSummary. sdo,j sessionid=BB 8CB8FA... 9/23/2015 CONTRACT AMENDMENT NO. ONE (1) CONTRACT NO. ADOT127017277 ARIZONA DEPARTMENT OF TRANSPORTATION Administrative Services Division Procurement Group �y 1739 West Jackson Street, Suite A Phoenix, Arizona 85007.3276 Phone: (602) 712-7211 Responsible Procurement Officer: Joseph Graves Description: Bulk Fuel in accordance with the provisions of the above referenced contract, the contract is amended as follows: 1, CONTRACT EXTENSION The above contract is hereby mutually extended from January 31, 2013 through January 30, 2014 unless terminated, canceled or extended as otherwise provided in the contract. Union Distributing Company of Tucson ATTN: 622 S 56th Avenue Phoenix, AZ 85043 Telephone: Facsimile: E -Mail: jim@uniondistributing.com c: File ALL OTHER PROVISIONS OR THE CONTRACT SHALL REMAIN IN THEIH EIVHH&r Y. Contractor hereby acknowledges receipt of and agreement with The above referenced Contract, oZndment is hereby the,amendment. A signed copy must be filed with the ADOT exec d this _/9' Day of P'0c rement office. If you need to make changes to your AO t?_ , at Phoenix, Arizona. addre ,correct the address ie and Peal i store Date Title Page 1 of 1 ATTACHMENT 1 OFFER AND CONTRACT AWARD ARIZONA DEPARTMENT TRANSPORTATION Procurement Group 1739 W. Jackson Street Suite A -,MD 100P AQh ' Phoenix, Arizona602) 71 86007 ARIZ. -7211 Phone: (602)712-7211 SOLICITATION NO, ADOT12-00001284 OA®®'T' Submit this form with an original signature to the Department OFFER TO THE STATE OF ARIZONA: The bidder hereby offers and agrees to perform in compliance with all terms, conditions, specifications and amendments of this solicitation and any written exceptions in the offer. Signature also acknowledges receipt of all pages indicated in the Table of Contents. Arizona State Transaction Privilege Tax License Number No.: .10 -IIs -2V -c Federal Employer Identification For clarification of this offer, contact: No.: o 'O�SCAISI zy8-was V'"6< -Printed Name 11.N,ilv� _C�»puKy oc �i llfSOt� •�1 r.e Offerors (Comeq n.any) Name Email Address (p2� •�' �Lw/-FUC.. 1'J 6i lAW.J✓l Off! /l%1�+<<. 4 Address CompanwEm2t A ds Az, xoL,3 City State Zip Signature of Person Authg ized to Sign Offer —��02��`72-�`7AS `1AVI) P /L GI- 7H Phone Printed Name Date Facsimile Title ACCEPTANCE OF OFFER AND CONTRACT AWARD (FOR STATE OF ARIZONA USE ONLY) Your bid is hereby accepted. The contractor is now bound to perform based upon the solicitation, including all terms, conditions, specifications, amendments, etc., and the contractors bid as accepted by the state. This contract shall henceforth be referred to as Contract No. BULK FUEL The contractor is hereby cautioned not to commence any billable work or provide any material, service or construction under this contract until contractor receives a purchase order document. State of Arizona Effective this day of C�/ 201 anna Hernandez, Cl A arded Date As Procurement Officer and not personally STATE OF ARIZONA �kSY� ARIZONA DEPARTMENT OF TRANSPORTATION PTOCURE SOLICITATION B. ADOT12-00001284 BID OPENING ■ Decern - r 27, 201100 DESCRIPTION: -BULK FUEL PRE-BID CONFERENCE: A PRE-BID CONFERENCE WILL NOT BE HELD Bid Submittal Location: State of Arizona e -Procurement System - ProcureAZ https:llprocure.az.-govlbsollogin.isp In accordance with A.R.S. §41-2533, Invitation For Bid for the materials or services specified will be received by the Arizona Department of Transportation Procurement Group at the above specified location until the time and date cited. Bids received by the correct time and date will be publicly posted on the State of Arizona e -Procurement System - ProcureAz. Requests for submittals after the specified date and time to the State of Arizona e -Procurement System will not be considered. Additional instructions for preparing a bid are provided in the Uniform and Special Instructions to Offerors as contained within this solicitation. BIDDERS ARE STRONGLY ENCOURAGED TO CAREFULLY READ THE ENTIRE SOLICITATION. Designated Agency: Arizona Department of Transportation and All Eligible Agencies Type of Contract: Term Justifiable Adjustment Allowed — Indefinite Quantity Term of Contract: One Year with option to extend forty-eight (48) meigths l Phone: 602-712-7205 Email: shernandeznazdot.goHernandez, C'PB Procurement Officer "An Equal Employment Opportunity Agency" The Arizona Department of Transportation is committed to the principles of Equal Employment Opportunity. To ensure dissemination of the Equal Opportunity program throughout all levels of the department, the ADOT Civil Rights Deputy Administrator serves as the Equal Opportunity Administrator for the Arizona Department of Transportation. The Arizona Department of Transportation, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.0 2004 to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office the Secretary, Part 21, Nondiscrimination in Federally -assisted programs of the'Department of Transportation issued pursuant to such Act, hereby notifies all bidden that it will affirmatively insure that in any contract entered into pursuant to this advertisement, minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. SECTION 1 SPECIFICATIONS ARIZONA DEPARTMENT OF TRANSPORTATION Procurement Group 1739 W. Jackson Street Suite A - MD 100P Phoenix, Arizona 85007 Phone: (602) 712-7211 SOLICITATION NO. ADOT12-00001284 1. PURPOSE The Arizona Department of Transportation (ADOT), on behalf of the State of Arizona (hereinafter referred to as the State), intends to establish a statewide contract for the purchase and delivery of Bulk Fuel, including unleaded gasoline, diesel, bio -diesel (135, 1320), Ethanol 85 (E-85), and propane (LPG); to be utilized by all State of Arizona agencies, accounts, boards and participating political subdivisions (a.k.a. eligible agencies or using agency). 2. BACKGROUND The estimated dollar volume of fuel products purchased under the proposed contract is $12 Million annually, based on historical usage data and anticipated volumes. This is only an estimate and the State makes no guarantee as to actual dollars spent under any resultant contact. The State of Arizona currently utilizes a e -procurement system, ProcureAZ which allows cooperative members to purchase contracted items electronically through contractor maintained websites. It's the intent of the State to utilize the current e -procurement system, ProcureAZ for ordering of bulk fuel. 3. CONTRACTOR RESPONSIBILITIES Contractor shall be required, upon delivery, to pump all fuels from containers into the using agency's storage tanks. It is the responsibility of the Contractor to supply pumps, hoses, etc. to appropriately pump the fuels to the storage tanks. Contractor shall send copies of all delivery tickets as outlined in paragraph 6 of this section, to the individual identified on the using agency's purchase order via email or fax within two (2) business days of delivery. Contractor shall ensure delivery of correct quantities ordered. Any delivery in excess of actual quantities ordered shall be refused. Contractor shall be responsible for any damage to equipment resulting from the delivery of fuel and from fuel product. Contractor shall be responsible for all spillage, which may occur during transit, loading or unloading operations. Definition of a spill is any amount of fuel that can puddle on the ground; also the spill bucket or spill box must be free of debris and fuel at completion of the delivery. Contractor shall immediately report any spillage or damage to the using agency. Clean up of spillage and/or repairs to the damaged equipment shall be performed in accordance with EPA and State of Arizona guidelines. (See paragraph 7 for ADOT requirements) Fuel delivery trucks shall at all times comply with current State of Arizona and Federal regulations pertaining to fuel vapor control. SECTION 1 SPECIFICATIONS ARIZONA DEPARTMENT OF TRANSPORTATION Procurement Group 1739 W. Jackson Street Suite A - MD 100P Phoenix, Arizona 85007 Phone: (602) 712-7211 SOLICITATION NO. ADOT12-00001284 4. STATE RESPONSIBILITIES The State will ensure access to the fuel locations during normal business hours. The State will make an effort to ensure proper staff is on site when fuel is delivered in order to sign and date fuel delivery tickets. The State of Arizona Department of Environmental Quality (ADEQ) reserves the right to test fuels for compliance. Contractor's failure to meet fuel compliance may be cause for contract cancellation. 5. BULK FUEL DELIVERY METHOD The method of delivery is either "Tank Wagon" "Truck", "Pump Truck" "Tanker Truck" or "Truck/Trailer" for the locations identified on Exhibit 4, Delivery Locations.xls. This has been determined by tank capacity, location of tanks and/or frequency of deliveries for the smaller tanks before larger tanks can accept a sizeable load. Above ground tanks have been noted on Exhibit 4, Delivery Locations.xls where information was available. Contractor shall be prepared, upon delivery, for pumping into these types of tanks. 6. BULK FUEL DELIVERY TICKET A delivery ticket which delineates the Contractor's name, address, type of fuel, grade of fuel and dip stick reading prior to unloading and following unloading shall be provided at the time of each delivery and left at each fuel site. A copy of the same delivery ticket shall be emailed or faxed to the individual listed on the using agencies' purchase order within two (2) business days of delivery. The State shall only authorize payment for the actual (net) quantity of fuel delivered to each site. 7. ARIZONA DEPARTMENT OF TRANSPORTATION REQUIREMENTS The following requirements shall apply to the Arizona Department of Transportation (ADOT) only: 7.1 Specific locations listed within Exhibit 1 will require a Winter Blended Diesel Fuel with a "pour point additive" which will take it to -400 below zero from October 1st to April 1st. Splash blending is not acceptable at these sites from October 1 st to April 1 st 7.2 Exhibit 2 summarizes locations requiring reformulated/oxygenated fuel. 7.3 Exhibit 3 lists aboveground tanks requiring the Contractor to provide pump with hose. 7.4 Contractor must contact Ruth Kish at 602-712-4808 or Lucy Carr at 602-712-6528 at ADOT Fuel Systems Management when spillage as defined in paragraph 3 of this section occurs. 14 SECTION 1 SPECIFICATIONS ARIZONA DEPARTMENT OF TRANSPORTATION Procurement Group 1739 W. Jackson Street Suite A - MD 100P Phoenix, Arizona 85007 Phone: (602) 712-7211 SOLICITATION NO. ADOT12-00001284 8. FUEL SPECIFICATIONS GASOLINE AND OXYGENATED FUELS RESPONSE 8.1 All gasoline shall conform to American Society for Testing and Materials (ASTM) Standard Specification #D4814-01 a for the State of Arizona and any ASTM revision thereafter, subject to the rules, regulations and Clean Air Act waivers of the U.S. Environmental Protection Agency (EPA), and Arizona State Statutes which require the use of reformulated oxygenated gasoline and specify maximum vapor pressures for certain areas. 8.2 All regular grade unleaded gasoline fuel shall have a minimum octane (RON plus MON/2) of 87. 8.3 All oxygenated or blended fuels shall conform to the ASTM D4814 standard specifications for the State of Arizona and meet any EPA waivers for oxygenated or blended fuels. J)aA 8.4 All fuels shall be blended for climatic conditions and local requirements at each delivery site, i.e. summer/winter blends. Arco, 8.5 Gasoline fuel shall have a maximum shelf life of one (1) year. (�» fC� 8.6 All gasoline fuel shall be guaranteed against any damage to equipment resulting from the proper use of the product. DIESEL FUEL 8.7 All diesel fuel shall conform to ASTM D975-02 standard specifications for No. 2 diesel fuel for the State of Arizona and any ASTM revisions thereafter, and EPA's Ultra Low Sulfur Diesel (ULSD) fuel standards. 8.8 All fuels shall be blended for climatic conditions and local requirements at each delivery site, i.e. summer/winter blends. (ah t��,G• 8.9 Diesel fuel shall have a maximum shelf life of one (1) year. 8.10 All diesel fuel shall be guaranteed against any damage to equipment resulting from the proper use of the product. 8.11 Winter Blended Diesel Fuel will contain a "pour point additive" which will take it to -40° below zero from October 1St to April 1St. Bidder shall identify type of additive offered. Q..r2r� SECTION 1 SPECIFICATIONS ARIZONA DEPARTMENT OF TRANSPORTATION Procurement Group 1739 W. Jackson Street Suite A - MD 100P Phoenix, Arizona 85007 Phone: (602) 712-7211 SOLICITATION NO. ADOT12-00001284 BIO -DIESEL RESPONSE 8.12 All bio -diesel fuel shall be 100% virgin and conform to the most current published revision of their respective American Society for Testing and Materials ("ASTM") specifications. The fuel shall be of the highest quality and subject to inspection and acceptance by each entity. Any fuel of inferior quality or found to contain contamination will be rejected. The Contractor will maintain on file for the State's review Certificates of Analysis, confirming the Biodiesel's conformance to ASTM D 6751, for all Biodiesel blended into Biodiesel blends supplied under any resultant contract. Splash blending is permissible. 8.13 Bio -diesel shall conform to ASTM D6751 specifications for use n in diesel engines. l`1'y�.f`t✓� V 8.14 Bio -diesel blends (135, B10, B20, B100, etc) shall be delivered with a maximum tolerance of 1% plus or minus by volume of the required bio -diesel / diesel mixture. 8.15 All bio -diesel fuel shall conform to State and Federal standards. LIQUID PROPANE GAS (LPG) 8.16 All propane shall conform to ASTM D1835-97 standard specifications and be automotive grade, "LPG-HD5" and all �0 State and Federal regulations. 8.17 Provision of tank: If required, Contractor shall provide and install the appropriate sized tank (with dispenser if needed) for locations requesting propane. All requested tanks shall be Q Ji0 new. 8.18 Tanks must comply with all Federal, State and Local safety standards and code requirements. Nd Q► 8.19 Pricing for the rental of a new tank and one dispenser (1 Gallon meter), if required, shall be based on a one-time yearly fee. si k 8.20 Contractor shall be responsible for obtaining all permits for installation LPG fuel A)O bick— required of an above ground site. ETHANOL 85 (E-85) 8.21 Ethanol products (s) shall be provided in compliance with U.S. Department of Energy, Energy Policy Act of 1992, and all State Mo 6,1k and Federal regulations and must conform to ASTM D 5798 standardspecifications and any ASTM revisions thereafter. SECTION 3 SPECIAL TERMS AND CONDITIONS ARIZONA DEPARTMENT OF TRANSPORTATION Procurement Group 1739 W. Jackson Street Suite A - MD 100P Phoenix, Arizona 85007 Phone: (602) 712-7211 SOLICITATION NUMBER: ADOT12-00001284 1. TERM OF CONTRACT The term of any resultant contract shall commence on the effective day of award and shall continue for a period of twelve (12) months thereafter, unless terminated, cancelled or extended as otherwise provided herein. 2. CONTRACT EXTENSION The State reserves the right to unilaterally extend the period of any resultant contract for thirty-one (31) days beyond the stated expiration date. In addition, by mutual written contract amendment, any resultant contract may be extended for supplemental periods of up to (48) months. 3. CHANGES The State reserves the right to revise significant changes in the scope, character, and/or complexity of the work and may be negotiated if it is mutually agreed that such changes are desirable and necessary. Contract changes defining and limiting the work and compensation must be documented in a written Contract Amendment, as defined by A.R.S. §41-2503, R-2-7-101(15) and signed by the Procurement Officer. 4. ELIGIBLE AGENCIES Any contract resulting from this solicitation shall be for the use of all State of Arizona departments, agencies and boards. In addition, eligible universities, political subdivisions and nonprofit educational or public health institutions may participate at their discretion. In order to participate in any resultant contract, a university, political subdivision or nonprofit educational or public health institution must have entered into a cooperative purchasing agreement with the State Procurement Office as required by Arizona Revised Statutes §41-2632. 5. NON-EXCLUSIVE CONTRACT Any contract resulting from this solicitation shall be awarded with the understanding and agreement that it is for the sole convenience of the State. The State reserves the rights to obtain like goods or services from another source when necessary. The Chief Procurement Officer may only approve off -Contract Purchase Authorization. Approval shall be at the discretion of the Chief Procurement Officer and shall be conclusive, however, approval shall be granted only after a proper review and when deemed to be appropriate. Off -contract procurement shall be consistent with the Arizona Procurement Code. 6. ORDERING PROCESS Upon award of a contract any designated Agency may procure the specific material and/or service awarded by the issuance of a contract purchase order to the appropriate Contractor. Each contract purchase order must cite the correct contract number. The award of a contract shall be in accordance with the Arizona Procurement Code and all transactions and procedures required by the Code for public bidding shall be complied with. A contract purchase order for the awarded material and/or service that cites the correct contract number is the only document required for the using agency to order and the Contractor to deliver the material and/or service. SECTION 3 SPECIAL TERMS AND CONDITIONS ARIZONA DEPARTMENT OF TRANSPORTATION Procurement Group 1739 W. Jackson Street Suite A - MD 100P Phoenix, Arizona 85007 Phone: (602) 712-7211 SOLICITATION NUMBER: ADOT12-00001284 Any attempts to represent any material and/or service not specifically awarded as being under contract is a violation of the contract and the Arizona Procurement Code. Any such action is subject to the legal and contractual remedies available to the State inclusive of but not limited to contract cancellation, suspension and/or debarment of the Contractor. 7. SHIPPING TERMS Contractor shall retain title and control of all goods until they are delivered and the contract of coverage has been completed. All risk of transportation and all related charges shall be the responsibility of the Contractor. All claims for visible or concealed damage shall be filed by the Contractor. The State will notify the Contractor promptly of any damaged goods and shall assist the Contractor in arranging for inspection. 8. DELIVERY Deliveries shall be made within 72 hours of receipt of a contract release order/purchase order. 9. BILLING/INVOICES All billing notices or invoices shall be sent to the eligible using agency whose address appears on the purchase order as the Bill To address and should contain, at a minimum, the following information. • Name and address of the Contractor; • Both the contract number and purchase order number; • The Contractors federal tax identification number; • The Contractor's remittance address; • A description of the goods or services provided; • Quantity and delivery/service timeframe; • Itemized (if applicable) and total invoice pricing. Pricing shall be the contract price inclusive of any all -applicable discounts. All invoices must clearly outline: type of fuel, rack price, contracted price, (plus or minus rack), and applicable taxes. Invoices showing "winter blended" fuel must clearly define the price used for each fuel, diesel 1 and diesel 2 or ULSD pricing. Invoices not sent to the proper address, or not containing the necessary and required information may delay payment to the Contractor. A Contractor whose payments are delayed due to improper invoicing shall make no claim against the using agency or the State for late or finance charges. The State will make every effort to process payment for the purchase of product within thirty (30) calendar days after the State has conducted the necessary reviews, and inspections as described herein. COMPLETION OF THE SERVICES PROVIDED TO THE STATE DOES NOT CONSTITUTE ACCEPTANCE, THEREFORE, ONLY THE STATE ACCEPTANCE DATE WILL BE A VALID DATE FOR STARTING THE THIRTY (30) CALENDAR DAY PAYMENT PERIOD. i% SECTION 3 SPECIAL TERMS AND CONDITIONS ARIZONA DEPARTMENT OF TRANSPORTATION Procurement Group 1739 W. Jackson Street Suite A - MD 100P Phoenix, Arizona 85007 Phone: (602) 712-7211 SOLICITATION NUMBER: ADOT12-00001284 10. PRICE REDUCTION A price reduction adjustment may be offered at any time during the term of a contract and shall become effective upon notice. 11. PRICE ADJUSTMENT The State will review fully documented requests for price increase after any contract has been in effect for twelve (12) months. Fully documented means that the request shall present detailed information and calculations that make it clear how the claimed increase has an impact on the contract unit prices. All assumptions regarding cost factors that have an impact on the requested increase shall also be clearly identified and justified. The requested price increase must be based upon a cost increase that was clearly unpredictable at the time of the offer and can be shown to directly affect the price of the item concerned. Any price increase adjustment will only be made at the time of contract extension and will be a factor in the extension review process. The State will determine whether the requested price increase or an alternate option, is in the best interest of the State. 12. SAFETY STANDARDS All items and services supplied under this contract shall comply with the current applicable Occupational Safety and Health Standards of the State of Arizona Industrial Commission, the National Electric Code, the National Fire Protection Association Standards, the Department of Environmental Quality, the Federal Drug -Free Workplace Act of 1998 41-USC§701 and Arizona Administrative Code R2-11-102 Alcoholic Beverages. 13. VENDOR REGISTRATION Prior to issuance of a Purchase Order and subsequent payment, the Contractor shall have and maintain a completed Substitute W-9 form, Attachment 8, on file with the Arizona Department of Transportation Procurement Section. No payments shall be made until the forms are on file. Questions regarding the W-9 form shall be directed to Bonnie Hartley at (602) 712-8520. 14. CONTRACT ADMINISTRATION Following award the Contractor shall contact the Arizona Department of Transportation Procurement Group for guidance or direction in matters of contract interpretation or problems regarding the terms, conditions or scope of the contract. Only the Procurement Officer or his/her authorized designee is authorized to change or amend the specific terms, conditions or provisions of the agreement. 15. NOTICES All notices, requests, demands, consents, approvals, and other communications which may or are required to be served or given hereunder (for the purposes of this provisions collectively called "Notices"), shall be in writing and shall be sent by registered or certified United States mail, return receipt requested, postage prepaid, addressed to the party or parties to receive such notice as follows: V SECTION 3 SPECIAL TERMS AND CONDITIONS ARIZONA DEPARTMENT OF TRANSPORTATION Procurement Group 1739 W. Jackson Street Suite A - MD 100P Phoenix, Arizona 85007 Phone: (602) 712-7211 SOLICITATION NUMBER: ADOT12-00001284 a. If intended for the State, to: Arizona Department of Transportation, Procurement Group 1739 W. Jackson Street, Suite A MD -100P Phoenix, Arizona 85007-3276 Attention: Susanna Hernandez, CPPB — Procurement Officer b. If intended for the Contractor, to: The Contractor Name, Address, City, State, Zip, Attention: Or to such other address as either party may from time to time furnish in writing to the other by notice hereunder. Any notice so mailed shall be deemed to have been given as of the date such notice is received as shown on the return receipt. Furthermore, such notice may be given by delivering personally such notice, if intended for the State, to the Arizona Department of Transportation, Chief Procurement Officer and, if intended for the Contractor, to the person named on the Offer & Contract Award of this contract, or to such other person as either party may from time to time furnish in writing to the other by notice hereunder. Any notice so delivered shall be deemed to have been given as of the date such notice is personally delivered to the other party. 16. CANCELLATION FOR POSSESSION OF WEAPONS ON ADOT PROPERTY The contract may be cancelled if Contractor or any subcontractors or others in the employ or under the supervision of the Contractor or subcontractors is found to be in possession of weapons. Possession of weapons (firearms, explosive device, knife or blade of more than three inches, or any other instrument designed for lethal or disabling use) is prohibited on ADOT property pursuant to ADOT Policy, PER 6.04, "Weapons in the Workplace." Such property includes ADOT owned or leased office building, yards, parking lots, construction sites or state owned vehicles. Further, if the Contractor or any subcontractors or others in the employ or under the supervision of the Contractors or subcontractors are asked by an ADOT official to leave the ADOT property, they are advised that failure to comply with such a request shall result in cancellation of the contract and anyone who refuses, whether armed or not, is subject to prosecution under A.R.S. § 13-1502, "Criminal trespass in the third degree; classification." 17. CONTRABAND Any person who takes into or out of, or attempts to take into or out of a correctional facility or the grounds belonging to or adjacent to a correctional facility, any item not specifically authorized by the correctional facility shall be prosecuted under the provisions of the Arizona Revised Statutes. All person, including employees and visitors, entering upon these confines are subject to routine searches of their person, vehicles, property or packages. CI SECTION 3 SPECIAL TERMS AND CONDITIONS ARIZONA DEPARTMENT OF TRANSPORTATION Procurement Group 1739 W. Jackson Street Suite A - MD 100P Phoenix, Arizona 85007 Phone: (602) 712-7211 SOLICITATION NUMBER: ADOT12-00001284 DEFINITION — A.R.S. §13-2501 Contraband means any dangerous drug, narcotic drug, intoxicating liquor of any kind, deadly weapon, dangerous instrument, explosive or any other article whose use or possession would endanger the safety, security, or preservation of order in a correctional facility or any person therein. (Any other article includes any substance which could cause abnormal behavior, i.e. marijuana, non-prescription mediation, etc.). PROMOTING PRISON CONTRABAND A.R.S. §13-2505 A. A person, not otherwise authorized by law, commits promoting prison contraband 1. By knowingly taking contraband into a correctional facility or the grounds of such a facility; or 2. By knowingly conveying contraband to any person confined in a correctional facility; or 3. By knowingly making, obtaining or possessing contraband while being confined in a correctional facility. B. Promoting prison contraband is a Class 5 Felony. 18. INDEMNIFICATION CLAUSE The parties to this contract agree that the State of Arizona, its departments, agencies, boards, commissions and universities shall be indemnified and held harmless by the Contractor for the vicarious liability of the State as a result of entering into this contract. However, the parties further agree that the State of Arizona, its departments, agencies, boards and commissions shall be responsible for its own negligence. Each party to this contract is responsible for its own negligence. This indemnity shall not apply if the Contractor or sub-contractor(s) is/are an agency, board, commission or university of the State of Arizona. 19. INSURANCE REQUIREMENTS Contractor and subcontractors shall procure and maintain until all of their obligations have been discharged, including any warranty periods under this Contract, are satisfied, insurance against claims for injury to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees or subcontractors. The insurance requirements herein are minimum requirements for this Contract and in no way limit the indemnity covenants contained in this Contract. The State of Arizona in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might arise out of the performance of the work under this contract by the Contractor, its agents, representatives, employees or subcontractors, and Contractor is free to purchase additional insurance. 5 SECTION 3 SPECIAL TERMS AND CONDITIONS ARIZONA DEPARTMENT OF TRANSPORTATION Procurement Group 1739 W. Jackson Street Suite A - MD 100P Phoenix, Arizona 85007 Phone: (602) 712-7211 SOLICITATION NUMBER: ADOT12-00001284 Within FIVE (5) days of notification, the offeror shall submit a copy of the attached Certificate of Insurance, Exhibit 5, or a State approved alternate form showing insurance in the following amounts to: Arizona Department of Transportation, Procurement Group Attention: Susanna Hernandez, CPPB 1739 W. Jackson Suite A - MD 100P Phoenix, Arizona 85007 A. MINIMUM SCOPE AND LIMITS OF INSURANCE: Contractor shall provide coverage with limits of liability not less than those stated below. 1. Commercial General Liability — Occurrence Form Policy shall include bodily injury, property damage, personal injury and broad form contractual liability coverage. • General Aggregate $2,000,000 • Products — Completed Operations Aggregate $1,000,000 • Personal and Advertising Injury $1,000,000 • Blanket Contractual Liability — Written and Oral $1,000,000 • Fire Legal Liability $ 50,000 • Each Occurrence $1,000,000 a. The policy shall be endorsed to include the following additional insured language: "The State of Arizona, its departments, agencies, boards, commissions, universities and its officers, officials, agents, and employees shall be named as additional insureds with respect to liability arising out of the activities performed by or on behalf of the Contractor". b. Policy shall contain a waiver of subrogation against the State of Arizona, its departments, agencies, boards, commissions, universities and its officers, officials, agents, and employees for losses arising from work performed by or on behalf of the Contractor. 2. Pollution Legal Liability • Per Occurrence $1,000,000 • Annual Aggregate $2,000,000 a. The policy shall be endorsed to include the following additional insured language: "The State of Arizona, its departments, agencies, boards, commissions, universities and its officers, officials, agents, and employees shall be named as additional insureds with respect to liability arising out of the activities performed by or on behalf of the Contractor". b. Policy shall contain a waiver of subrogation against the State of Arizona, its departments, agencies, boards, commissions, universities and its officers, officials, agents, and employees for losses arising from work performed by or on behalf of the Contractor. Al SECTION 3 SPECIAL TERMS AND CONDITIONS ARIZONA DEPARTMENT OF TRANSPORTATION Procurement Group 1739 W. Jackson Street Suite A - MD 100P Phoenix, Arizona 85007 Phone: (602) 712-7211 SOLICITATION NUMBER: ADOT12-00001284 3. Business Automobile Liability Bodily Injury and Property Damage for any owned, hired, and/or non -owned vehicles used in the performance of this Contract. Combined Single Limit (CSL) $1,000,000 a. The policy shall be endorsed to include the following additional insured language: "The State of Arizona, its departments, agencies, boards, commissions, universities and its officers, officials, agents, and employees shall be named as additional insureds with respect to liability arising out of the activities performed by or on behalf of the Contractor, involving automobiles owned, leased, hired or borrowed by the Contractor". b. Policy shall contain a waiver of subrogation against the State of Arizona, its departments, agencies, boards, commissions, universities and its officers, officials, agents, and employees for losses arising from work performed by or on behalf of the Contractor. 4. Worker's Compensation and Employers' Liability Workers' Compensation Statutory Employers' Liability Each Accident $ 500,000 Disease — Each Employee $ 500,000 Disease — Policy Limit $1,000,000 a. Policy shall contain a waiver of subrogation against the State of Arizona, its departments, agencies, boards, commissions, universities and its officers, officials, agents, and employees for losses arising from work performed by or on behalf of the Contractor. b. This requirement shall not apply to: Separately, EACH Contractor or subcontractor exempt under A.R.S. 23-901, AND when such Contractor or subcontractor executes the appropriate waiver (Sole Proprietor/Independent Contractor) form. B. ADDITIONAL INSURANCE REQUIREMENTS: The policies shall include, or be endorsed to include, the following provisions: 1. The State of Arizona, its departments, agencies, boards, commissions, universities and its officers, officials, agents, and employees wherever additional insured status is required. Such additional insured shall be covered to the full limits of liability purchased by the Contractor, even if those limits of liability are in excess of those required by this Contract. 2. The Contractor's insurance coverage shall be primary insurance with respect to all other available sources. 7 SECTION 3 SPECIAL TERMS AND CONDITIONS ARIZONA DEPARTMENT OF TRANSPORTATION Procurement Group 1739 W. Jackson Street Suite A - MD 100P Phoenix, Arizona 85007 Phone: (602) 712-7211 SOLICITATION NUMBER: ADOT12-00001284 3. Coverage provided by the Contractor shall not be limited to the liability assumed under the indemnification provisions of this Contract. C. NOTICE OF CANCELLATION: Each insurance policy required by the insurance provisions of this Contract shall provide the required coverage and shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days prior written notice has been given to the State of Arizona. Such notice shall be sent by certified mail, return receipt requested and shall be sent directly to: Arizona Department of Transportation, Procurement Group Attention: Susanna Hernandez, CPPB, Procurement Officer 1739 W. Jackson Suite A — MD 100P Phoenix, AZ 85007 D. ACCEPTABILITY OF INSURERS: Insurance is to be placed with duly licensed or approved non - admitted insurers in the state of Arizona with an "A.M. Best" rating of not less than A- VII. The State of Arizona in no way warrants that the above -required minimum insurer rating is sufficient to protect the Contractor from potential insurer insolvency. E. VERIFICATION OF COVERAGE: Contractor shall furnish the State of Arizona with certificates of insurance (ACORD form or equivalent approved by the State of Arizona) as required by this Contract. The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements are to be received and approved by the State of Arizona before work commences. Each insurance policy required by this Contract must be in effect at or prior to commencement of work under this Contract and remain in effect for the duration of the project. Failure to maintain the insurance policies as required by this Contract, or to provide evidence of renewal, is a material breach of contract. All certificates required by this Contract shall be sent directly to: Arizona Department of Transportation, Procurement Group Attention: Susanna Hernandez, CPPB 1739 W. Jackson Suite A — MD 100P Phoenix, AZ 85007 The State of Arizona project/contract number and project description shall be noted on the certificate of insurance. The State of Arizona reserves the right to require complete, certified copies of all insurance policies required by this Contract at any time. DO NOT SEND CERTIFICATES OF INSURANCE TO THE STATE OF ARIZONA'S RISK MANAGEMENT SECTION. F. SUBCONTRACTORS: Contractors' certificate(s) shall include all subcontractors, as insureds under its policies or Contractor shall furnish to the State of Arizona separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to the minimum requirements identified above. SECTION 3 SPECIAL TERMS AND CONDITIONS ARIZONA DEPARTMENT OF TRANSPORTATION Procurement Group 1739 W. Jackson Street Suite A - MD 100P Phoenix, Arizona 85007 Phone: (602) 712-7211 SOLICITATION NUMBER: ADOT12-00001284 G. APPROVAL: Any modification or variation from the insurance requirements in this Contract shall be made by the Department of Administration, Risk Management Section, whose decision shall be final. Such action will not require a formal Contract amendment, but may be made by administrative action. H. EXCEPTIONS: In the event the Contractor or sub-contractor(s) is/are a public entity, then the Insurance Requirements shall not apply. Such public entity shall provide a Certificate of Self - Insurance. If the Contractor or sub-contractor(s) is/are a State of Arizona agency, board, commission, or university, none of the above shall apply. 20. LICENSES, PERMITS, CERTIFICATIONS, FEES Contractor and any subcontractor shall at their own expense, possess or obtain, and retain in force without any violations, complaints, or suspensions during the term of this contract, all licenses, permits, certifications, or fees, which are required by law. They shall comply with all federal, state, local and tribal laws, statutes, ordinances, rules, and regulations and the acts, codes, orders, and decrees of any administrative bodies, councils, or tribunals in any manner affecting the performance of the contracted services herein. 21. PROTECTION OF FACILITIES AND GROUNDS The Contractor shall provide the product contained herein in such a manner that does not result in damage to State and eligible using agency facilities, grounds, landscaping, utilities, or structures. In the event that damage does occur during the performance of this contract, the Contractor shall repair or replace the damage at no cost to the State or eligible using agency as specified. Should the Contractor fail or refuse to make proper repairs or replacements, the Contractor shall be liable for the cost thereof which may be deducted from unpaid invoices or by any other means provided by law. 22. PRICING The price for all gasoline and diesel fuels shall be the margin price (in cents, to a required four decimal places) for each line item, to be added to, or subtracted from, the weekly average rack price for the type of fuel required, as published by the Oil Price Information Service (O.P.I.S.) or Butane -Propane News (BPN) for propane. The price published by O.P.I.S. each Monday shall be in effect for purchases through Saturday of that week. If O.P.I.S. does not publish a price for the type of fuel required in the current week, the most recent published price shall prevail. The contracted pricing shall include all costs required to deliver and unload fuel into the requesting agency's storage tank. The choice of O.P.I.S. rack (Phoenix, Tucson, etc) to be used as the resultant contract pricing basis is to be identified on Attachment 4, Weekly Rack Indicator and shall remain consistent for the life of the contract. Winter Blended Diesel: The price for Winter Blend Diesel Fuel will be based on the O.P.I.S. price for ULSD; plus or minus the contract price margin. 9 SECTION 3 SPECIAL TERMS AND CONDITIONS ARIZONA DEPARTMENT OF TRANSPORTATION Procurement Group 1739 W. Jackson Street Suite A - MD 100P Phoenix, Arizona 85007 Phone: (602) 712-7211 SOLICITATION NUMBER: ADOT12-00001284 Propane Pricing: The price for propane shall be the margin price (in cents, to a REQUIRED four decimal places) for each line item, to be added to, or subtracted from, the Principal Average Mont Belvieu price, as published weekly by Butane -Propane News (BPN) in the "Weekly Propane Newsletter" or as published by the Oil Price Information Service (O.P.I.S.), in order to determine the actual purchase price. The price published by BPN each Monday shall be in effect for purchases through Saturday of that week. If BPN does not publish a price for Mont Belvieu in the current week, the most recent published price shall prevail. Pricing for the rental of a new tank and one dispenser (1 Gallon meter), if required, shall be based on a one-time yearly fee. The use of this item is optional. Requesting entity may purchase this option at their discretion. 23. USAGE REPORTS The Contractor shall furnish the State a usage report delineating the acquisition activity governed resultant contract. The format of the report shall be approved by the State and shall disclose the quantity and the dollar value of each contract item by individual purchasing unit. The usage report shall be due at the end of each calendar quarter as follows: • January through March (Q1) • April through June (Q2) • July through September (Q3) • October through December (Q4) 24. DELIVERY LOCATIONS The locations listed in the Attachments Tab within ProcureAZ titled Exhibit 4 Delivery Locations.xls do not reflect a complete list of delivery locations. The State reserves the right to add or delete locations at any time during the term of any resulting contract. 25. FEDERAL EXCISE TAX EXEMPTION CERTIFICATE It is understood that the exemption from tax in the case of sales of articles to state agencies or political subdivisions thereof is limited to articles purchased for use in the exercise of essential government functions, and it is agreed that where articles purchased tax-free under this exemption certificate are used for purposes other than in the exercise of essential functions, or are sold to employees or others, the State will report such facts to the Contractor. 26. INVENTORY The State has an ongoing requirement for the fuel products indicated in Section 1, Specifications. It is an express condition of any award that a Contractor shall maintain a reasonable stock on hand for delivery to the requesting agency. Failure to maintain such a stock may result in contract cancellation. HN SECTION 3 SPECIAL TERMS AND CONDITIONS ARIZONA DEPARTMENT OF TRANSPORTATION Procurement Group 1739 W. Jackson Street Suite A - MD 100P Phoenix, Arizona 85007 Phone: (602) 712-7211 SOLICITATION NUMBER: ADOT12-00001284 27. STAND-BY CHARGES A maximum stand-by charge of $35.00 per hour shall be allowed for the time following the first one (1) hour of the unloading period. Stand-by charges shall be allowed only if the delay is a direct cause of the State and a State employee has signed the delivery ticket to acknowledge all the stand-by charges. If the charges are not authorized, the Contractor shall not receive payment for the additional charges. It shall be the responsibility of the Contractor to determine the type of unloading method to be used for each delivery site. 28. EMERGENCY ORDERS During a natural disaster, or homeland security event, there may be a need for the State to access the Contractor's business for products and/or services twenty-four (24) hours a day, seven (7) days a week, three hundred sixty-five (365) days a year. The need could be for a pick up or a delivery. For this purpose, a primary and secondary emergency representative name and phone number are required during the term of any resultant contract. It is critical to the State this information remains current at all times. All products or services provided to meet an emergency request are to be supplied as per the contract prices, terms and conditions. The Contractor shall be compensated for an after hours emergency opening of the business, if any, at the rate identified within the Line Items Tab on ProcureAZ. 11 SECTION 5 SPECIAL INSTRUCTIONS TO OFFERORS ARIZONA DEPARTMENT OF TRANSPORTATION Procurement Group 1739 W. Jackson Street Suite A - MD 100P Phoenix, Arizona 85007 Phone: (602) 712-7211 SOLICITATION NO. ADOT12-00001284 1. OFFER SUBMISSION, DUE DATE AND TIME Offers in response to this solicitation shall be submitted within the State's e -Procurement system, ProcureAZ (https://procure.az.gov). Offers shall be received before the date/time listed in the "solicitation's `Bid Opening Date' field. Offers submitted outside ProcureAZ, or those that are received on or after the date/time stated in the "Bid Opening Date" field, shall be rejected. Questions in this regard shall be directed to the Procurement Officer or to the ProcureAZ Help Desk (procure@azdoa.gov or 602-542-7600). 1.1. Electronic Copy One electronic copy of the bid shall be submitted in the ProcureAZ e -procurement system on the attached forms and in the acceptable format specified in the solicitation. Acceptable formats include .doc document (Microsoft Word XP or 2003), As spreadsheet (Microsoft Excel XP or 2003) and .pdf (Adobe Acrobat portable documents format, preferred). 1.2 Electronic Documents The Solicitation document is provided in an electronic format. Any unidentified alteration or modification to any Solicitation documents, to any attachments, exhibits, forms, charts or illustrations contained herein shall be null and void. In those instances where modifications are identified, the original document published by the State shall take precedence. As provided in the Solicitation Instructions, Offerors are responsible for clearly identifying any and all changes or modifications to any Solicitation documents upon submission to the State. 1.3 Completing and Submitting Required Attachments If any of the Attachments are required to be completed, use the following instructions: 1.3.1 Open and save the Attachment(s) to your own computer. 1.3.2 Complete the required information; save and re -attach the completed Attachments to ProcureAZ, adding the word "Offeror" before the word "Attachment". NOTE: ProcureAZ will not save information entered directly on an Attachment. 1.4. In addition to any submission requirements of the ProcureAZ system, attachments for this IFB shall be submitted as specified below: 1.4.1 In order to respond to this solicitation, at a minimum, the attachments listed below must be downloaded, completed & submitted electronically via the Attachments tab. Acceptable formats are Word, Excel or PDF. Further instructions for the Attachments listed below are identified in paragraph 3.3 of this section. Attachment 1, Offer and Contract Award Attachment 2, Product Exception or Equivalent List Attachment 3, Service Areas Attachment 4, Weekly Rack Indicator Attachment 5, References Attachment 6, Representatives Attachment 7, Non -Collusion Affidavit Attachment 8, Substitute W-9 SECTION 5 SPECIAL INSTRUCTIONS TO OFFERORS ARIZONA DEPARTMENT OF TRANSPORTATION Procurement Group 1739 W. Jackson Street Suite A - MD 100P Phoenix, Arizona 85007 Phone: (602) 712-7211 SOLICITATION NO. ADOT12-00001284 1.5 ProcureAZ Support To assist Vendors in the submission of a quote/offer, ProcureAZ offers a Help Desk with email (procure(o.azdoa.gov) and telephone support (602) 542-7600), and a Quick Reference Guide — Responding to Solicitations, http://www.spo.az.gov/ProcureAZ/Vendors/default.asp . Vendors are encouraged to submit any requests for assistance in a timely manner in order to meet the bid due date and time identified on the Notice Page. 2. QUESTIONS With regards to Section 4 Uniform Instructions, Item B, "Inquiries", "Submission of Inquiries", questions relating to this solicitation shall be posted on ProcureAZ in the Q&A tab of the Bid utilizing "Add New Question". 3. PREPARATION OF BID PACKAGE Only the following items shall be returned with the bid package. Failure to provide all of the items and the information requested may result in a bid being rejected. Submit the bid package in the order as listed below. 3.1. SOLICITATION AMENDMENTS Complete and submit all information requested and sign, if any. 3.2. SPECIFICATIONS Complete and submit all information requested from Section 1, Specifications. A response to each Specification statement is required and is to be entered on the lines provided in the Response column. If the product conforms to the Specification, enter the word "MEETS". If the product does not conform to the Specification in each category, indicate, "DEVIATES" and state the variance from the Specification on Attachment 2, Product Exception or Equivalent List. 3.3. ATTACHMENTS 3.3.1 OFFER AND CONTRACT AWARD Complete and submit all information requested on Attachment 1. 3.3.2 PRODUCT EXCEPTION OR EQUIVALENT LIST Bidders shall identify any variations between the product/item listed and the specification offered, on Attachment 2, Product/Item Exception or Equivalent List, or in a separate letter included in the offer. The product/item specified herein shall be such product/items provided in the stream of commerce. 2 SECTION 5 SPECIAL INSTRUCTIONS TO OFFERORS ARIZONA DEPARTMENT OF TRANSPORTATION Procurement Group 1739 W. Jackson Street Suite A - MD 100P Phoenix, Arizona 85007 Phone: (602) 712-7211 SOLICITATION NO. ADOT12-00001284 3.3.3 SERVICE AREAS Bidder shall indicate the counties they are willing to deliver fuel on Attachment 3, Service Areas. By checking a specific county, bidder agrees to service all cities within that county specified or not. 3.3.4 WEEKLY RACK INDICATOR Bidder shall indicate their choice of rack location on Attachment 4, Weekly Rack Indicator. See paragraph 4 of this section for further information. 3.3.5 REFERENCES The bidder shall, on Attachment 5, References, provide references from at least three (3) organizations for which services of similar size and scope have been provided within the past thirty six (36) months. 3.3.6 REPRESENTATIVES Complete and submit all information requested on Attachment 6, Representatives. 3.3.7 NON -COLLUSION AFFIDAVIT Complete and submit all information requested on Attachment 7, Non -Collusion Affidavit. The requested information must be notarized. 3.3.8 SUBSTITUTE W-9 Complete and submit all information requested on Attachment 8, Substitute W-9. The requested information is for data collection purposes only and will not be used in the evaluation of the solicitation. 4. PRICING Pricing shall be submitted under the Line Items tab within the State's e -Procurement system, ProcureAZ (https://procure.az.gov). Due to factors such as multiple delivery locations, pricing advantage, compatibility, etc, pricing shall be submitted per county. Pricing shall be submitted by county at the quantities designated for each type of product within the Line Items Tab on ProcureAZ. Bidder is not required to bid on all products however failure to submit pricing for all quantities within each specific product shall result in a bid being rejected. For example, if choosing to bid on Unleaded for Apache County, pricing must be submitted for each of the quantities listed on the Line Items (up to 1000, up to 4000 and over 4000) to be deemed responsive. 3 SECTION 5 SPECIAL INSTRUCTIONS TO OFFERORS ARIZONA DEPARTMENT OF TRANSPORTATION Procurement Group 1739 W. Jackson Street Suite A - MD 100P Phoenix, Arizona 85007 Phone: (602) 712-7211 SOLICITATION NO. ADOT12-00001284 The price for all gasoline and diesel fuels shall be the margin price (in cents, to a required four decimal places) for each line item, to be added to, or subtracted from, the weekly average rack price for the type of fuel required, as published by the Oil Price Information Service (O.P.I.S.) or Butane -Propane News (BPN) for propane. The price published by O.P.I.S. each Monday shall be in effect for purchases through Saturday of that week. If O.P.I.S. does not publish a price for the type of fuel required in the current week, the most recent published price shall prevail. The pricing bid shall include all costs required to deliver and unload fuel into the requesting agency's storage tank. The choice of O.P.I.S. rack (Phoenix, Tucson, etc) to be used as the resultant contract pricing basis is to be identified on Attachment 4, Weekly Rack Indicator and shall remain consistent for the life of the contract. Winter Blended Diesel: The price for Winter Blend Diesel Fuel will be based on the O.P.I.S. price for ULSD; plus or minus the contract price margin. Propane Pricing: The price for propane shall be the margin price (in cents, to a REQUIRED four decimal places) for each line item, to be added to, or subtracted from, the Principal Average Mont Belvieu price, as published weekly by Butane -Propane News (BPN) in the "Weekly Propane Newsletter" or as published by the Oil Price Information Service (O.P.I.S.), in order to determine the actual purchase price. The price published by BPN each Monday shall be in effect for purchases through Saturday of that week. If BPN does not publish a price for Mont Belvieu in the current week, the most recent published price shall prevail. Pricing for the rental of a new tank and one dispenser (1 Gallon meter) shall be submitted under the Line Items Tab within ProcureAZ, if required and shall be based on a one-time yearly fee. The use of this item is optional. Requesting entity may purchase this option at their discretion. Prompt payment discounts of thirty (30) days or more set forth in an Offer shall be deducted from the offer for the purposes of evaluating that price. If a prompt payment discount is being offered you must indicate YES on the Questions Tab in ProcureAZ and proceed to the General Tab within your quote response to indicate the discount. Bidder shall indicate if applicable, the biodiesel blender or mixture credit in accordance with the National Biodiesel Board (NBB) within the Questions Tab in ProcureAZ. Bidder shall indicate, if applicable a rate for an after hours emergency opening of the business, within the Line Items Tab on ProcureAZ, per Special Terms and Conditions, Paragraph 29. 5. BID EVALUATION In accordance with the Arizona Procurement Code A.R.S. §41-2533, Competitive Sealed Bidding, awards shall be made to the lowest responsible and responsive bidder whose offer conforms in all material respects to the requirements and criteria set forth in this Invitation for Bid. Specific factors that may be considered by the Department include, but are not limited to: 0 SECTION 5 SPECIAL INSTRUCTIONS TO OFFERORS ARIZONA DEPARTMENT OF TRANSPORTATION Procurement Group 1739 W. Jackson Street Suite A - MD 100P Phoenix, Arizona 85007 Phone: (602) 712-7211 SOLICITATION NO. ADOT12-00001284 Delivery time after receipt of an order must be stated in definite terms if it should vary from the timeframe identified in Section 3, Special Terms and Conditions, Paragraph 8, titled Delivery. Contractor's demonstrated ability to provide the necessary product within Section 1, Specifications to the service areas listed in Attachment 3, Service Areas. Section 1, Specifications and Attachment 3, Service Areas will be utilized for this purpose. 6. SUSPENSION OR DEBARMENT STATUS If the firm, business or person submitting this bid or offer has been debarred, suspended or otherwise lawfully precluded from participating in any public procurement activity with any federal, state or local government, the bidder or offeror must include a letter with its bid or offer setting forth the name and address of the governmental unit, the effective date of the suspension or debarment, the duration of the suspension or debarment. Failure to supply the letter or to disclose in the letter all pertinent information regarding a suspension or debarment shall result in rejection of the bid or offer or cancellation of a contract. The State also may exercise any other remedy available by law. 5 UNIFORM TERMS AND CONDITIONS Version 8 Definition of Terms As used in this Solicitation and any resulting Contract, the terms listed below are defined as follows: 1.1. `Attachment" means any item the Solicitation requires the Offeror to submit as part of the Offer. 1.2. "Contract" means the combination of the Solicitation, including the Uniform and Special Instructions to Offerors, the Uniform and Special Terms and Conditions, and the Specifications and Statement or Scope of Work; the Offer and any Best and Final Offers; and any Solicitation Amendments or Contract Amendments. 1.3. "Contract Amendment" means a written document signed by the Procurement Officer that is issued for the purpose of making changes in the Contract. 1.4. "Contractor" means any person who has a Contract with the State. 1.5. "Days" means calendar days unless otherwise specified. 1.6. "Exhibit" means any item labeled as an Exhibit in the Solicitation or placed in the Exhibits section of the Solicitation. 1.7. "Gratuity" means a payment, loan, subscription, advance, deposit of money, services, or anything of more than nominal value, present or promised, unless consideration of substantially equal or greater value is received. 1.8. "Materials" means all property, including equipment, supplies, printing, insurance and leases of property but does not include land, a permanent interest in land or real property or leasing space. 1.9. `Procurement Officer" means the person, or his or her designee, duly authorized by the State to enter into and administer Contracts and make written determinations with respect to the Contract. 1.10. "Services" means the furnishing of labor, time or effort by a contractor or subcontractor which does not involve the delivery of a specific end product other than required reports and performance, but does not include employment agreements or collective bargaining agreements. 1.11. "Subcontract' means any Contract, express or implied, between the Contractor and another party or between a subcontractor and another party delegating or assigning, in whole or in part, the making or furnishing of any material or any service required for the performance of the Contract. 1.12. "State" means the State of Arizona and Department or Agency of the State that executes the Contract. 1.13. "State Fiscal Year" means the period beginning with July 1 and ending June 30. 2. Contract Interpretation 2.1. Arizona Law. The Arizona law applies to this Contract including, where applicable, the Uniform Commercial Code as adopted by the State of Arizona and the Arizona Procurement Code, Arizona Revised Statutes (A.R.S.) Title 41, Chapter 23, and its implementing rules, Arizona Administrative Code (A.A.C.) Title 2, Chapter 7. Uniform Terms and Conditions Page 1 of 9 Updated: March 7, 2011 2.2. Implied Contract Terms. Each provision of law and any terms required by law to be in this Contract are a part of this Contract as if fully stated in it. 2.3. Contract Order of Precedence. In the event of a conflict in the provisions of the Contract, as accepted by the State and as they may be amended, the following shall prevail in the order set forth below: 2.3.1. Special Terms and Conditions; 2.3.2. Uniform Terms and Conditions; 2.3.3. Statement or Scope of Work; 2.3.4. Specifications; 2.3.5. Attachments; 2.3.6. Exhibits; 2.3.7. Documents referenced or included in the Solicitation. 2.4. Relationship of Parties. The Contractor under this Contract is an independent Contractor. Neither party to this Contract shall be deemed to be the employee or agent of the other party to the Contract. 2.5. Severability. The provisions of this Contract are severable. Any term or condition deemed illegal or invalid shall not affect any other term or condition of the Contract. 2.6. No Parole Evidence. This Contract is intended by the parties as a final and complete expression of their agreement. No course of prior dealings between the parties and no usage of the trade shall supplement or explain any terms used in this document and no other understanding either oral or in writing shall be binding. 2.7. No Waiver. Either party's failure to insist on strict performance of any term or condition of the Contract shall not be deemed a waiver of that term or condition even if the party accepting or acquiescing in the nonconforming performance knows of the nature of the performance and fails to object to it. 3. Contract Administration and Operation 3.1. Records. Under A.R.S. § 35-214 and § 35-215, the Contractor shall retain and shall contractually require each subcontractor to retain all data and other "records" relating to the acquisition and performance of the Contract for a period of five years after the completion of the Contract. All records shall be subject to inspection and audit by the State at reasonable times. Upon request, the Contractor shall produce a legible copy of any or all such records. 3.2. Non -Discrimination. The Contractor shall comply with State Executive Order No. 2009-09 and all other applicable Federal and State laws, rules and regulations, including the Americans with Disabilities Act. 3.3. Audit. Pursuant to ARS § 35-214, at any time during the term of this Contract and five (5) years thereafter, the Contractor's or any subcontractor's books and records shall be subject to audit by the State and, where applicable, the Federal Government, to the extent that the books and records relate to the performance of the Contract or Subcontract. 3.4. Facilities Inspection and Materials Testing. The Contractor agrees to permit access to its facilities, subcontractor facilities and the Contractor's processes or services, at reasonable times for inspection of the facilities or materials covered under this Contract. Uniform Terms and Conditions Page 2 of 9 Updated: March 7, 2011 The State shall also have the right to test, at its own cost, the materials to be supplied under this Contract. Neither inspection of the Contractor's facilities nor materials testing shall constitute final acceptance of the materials or services. If the State determines non- compliance of the materials, the Contractor shall be responsible for the payment of all costs incurred by the State for testing and inspection. 3.5. Notices. Notices to the Contractor required by this Contract shall be made by the State to the person indicated on the Offer and Acceptance form submitted by the Contractor unless otherwise stated in the Contract. Notices to the State required by the Contract shall be made by the Contractor to the Solicitation Contact Person indicated on the Solicitation cover sheet, unless otherwise stated in the Contract. An authorized Procurement Officer and an authorized Contractor representative may change their respective person to whom notice shall be given by written notice to the other and an amendment to the Contract shall not be necessary. 3.6. Advertising, Publishing and Promotion of Contract. The Contractor shall not use, advertise or promote information for commercial benefit concerning this Contract without the prior written approval of the Procurement Officer. 3.7. Property of the State. Any materials, including reports, computer programs and other deliverables, created under this Contract are the sole property of the State. The Contractor is not entitled to a patent or copyright on those materials and may not transfer the patent or copyright to anyone else. The Contractor shall not use or release these materials without the prior written consent of the State. 3.8. Ownership of Intellectual Property. Any and all intellectual property, including but not limited to copyright, invention, trademark, trade name, service mark, and/or trade secrets created or conceived pursuant to or as a result of this contract and any related subcontract ("Intellectual Property"), shall be work made for hire and the State shall be considered the creator of such Intellectual Property. The agency, department, division, board or commission of the State of Arizona requesting the issuance of this contract shall own (for and on behalf of the State) the entire right, title and interest to the Intellectual Property throughout the world. Contractor shall notify the State, within thirty (30) days, of the creation of any Intellectual Property by it or its subcontractor(s). Contractor, on behalf of itself and any subcontractor(s), agrees to execute any and all document(s) necessary to assure ownership of the Intellectual Property vests in the State and shall take no affirmative actions that might have the effect of vesting all or part of the Intellectual Property in any entity other than the State. The Intellectual Property shall not be disclosed by contractor or its subcontractor(s) to any entity not the State without the express written authorization of the agency, department, division, board or commission of the State of Arizona requesting the issuance of this contract. 3.9. Federal Immigration and Nationality Act. The contractor shall comply with all federal, state and local immigration laws and regulations relating to the immigration status of their employees during the term of the contract. Further, the contractor shall flow down this requirement to all subcontractors utilized during the term of the contract. The State shall retain the right to perform random audits of contractor and subcontractor records or to inspect papers of any employee thereof to ensure compliance. Should the State determine that the contractor and/or any subcontractors be found noncompliant, the State may pursue all remedies allowed by law, including, but not limited to; suspension of work, termination of the contract for default and suspension and/or debarment of the contractor. 3.10 E -Verify Requirements. In accordance with A.R.S. § 41-4401, Contractor warrants compliance with all Federal immigration laws and regulations relating to employees and warrants its compliance with Section A.R.S. § 23-214, Subsection A. 3.11 Scrutinized Businesses. In accordance with A.R.S. § 35-391 and A.R.S. § 35-393, Contractor certifies that the Contractor does not have scrutinized business operations in Sudan or Iran. Uniform Terms and Conditions Page 3 of 9 Updated: March 7, 2011 3.12 Offshore Performance of Work Prohibited. Any services that are described in the specifications or scope of work that directly serve the State of Arizona or its clients and involve access to secure or sensitive data or personal client data shall be performed within the defined territories of the United States. Unless specifically stated otherwise in the specifications, this paragraph does not apply to indirect or'overhead' services, redundant back-up services or services that are incidental to the performance of the contract. This provision applies to work performed by subcontractors at all tiers. 4. Costs and Payments 4.1. Payments. Payments shall comply with the requirements of A.R.S. Titles 35 and 41, Net 30 days. Upon receipt and acceptance of goods or services, the Contractor shall submit a complete and accurate invoice for payment from the State within thirty (30) days. 4.2. Delivery. Unless stated otherwise in the Contract, all prices shall be F.O.B. Destination and shall include all freight delivery and unloading at the destination. 4.3. Applicable Taxes. 4.3.1. Payment of Taxes. The Contractor shall be responsible for paying all applicable taxes. 4.3.2. State and Local Transaction Privilege Taxes. The State of Arizona is subject to all applicable state and local transaction privilege taxes. Transaction privilege taxes apply to the sale and are the responsibility of the seller to remit. Failure to collect such taxes from the buyer does not relieve the seller from its obligation to remit taxes. 4.3.3. Tax Indemnification. Contractor and all subcontractors shall pay all Federal, state and local taxes applicable to its operation and any persons employed by the Contractor. Contractor shall, and require all subcontractors to hold the State harmless from any responsibility for taxes, damages and interest, if applicable, contributions required under Federal, and/or state and local laws and regulations and any other costs including transaction privilege taxes, unemployment compensation insurance, Social Security and Worker's Compensation. 4.3.4. IRS W9 Form. In order to receive payment the Contractor shall have a current I.R.S. W9 Form on file with the State of Arizona, unless not required by law. 4.4. Availability of Funds for the Next State fiscal year. Funds may not presently be available for performance under this Contract beyond the current state fiscal year. No legal liability on the part of the State for any payment may arise under this Contract beyond the current state fiscal year until funds are made available for performance of this Contract. 4.5. Availability of Funds for the current State fiscal year. Should the State Legislature enter back into session and reduce the appropriations or for any reason and these goods or services are not funded, the State may take any of the following actions: 4.5.1. Accept a decrease in price offered by the contractor; 4.5.2. Cancel the Contract; or 4.5.3. Cancel the contract and re -solicit the requirements. 5. Contract Changes 5.1. Amendments. This Contract is issued under the authority of the Procurement Officer who signed this Contract. The Contract may be modified only through a Contract Amendment Uniform Terms and Conditions Page 4 of 9 Updated: March 7, 2011 within the scope of the Contract. Changes to the Contract, including the addition of work or materials, the revision of payment terms, or the substitution of work or materials, directed by a person who is not specifically authorized by the procurement officer in writing or made unilaterally by the Contractor are violations of the Contract and of applicable law. Such changes, including unauthorized written Contract Amendments shall be void and without effect, and the Contractor shall not be entitled to any claim under this Contract based on those changes. 5.2. Subcontracts. The Contractor shall not enter into any Subcontract under this Contract for the performance of this contract without the advance written approval of the Procurement Officer. The Contractor shall clearly list any proposed subcontractors and the subcontractor's proposed responsibilities. The Subcontract shall incorporate by reference the terms and conditions of this Contract. 5.3. Assignment and Delegation. The Contractor shall not assign any right nor delegate any duty under this Contract without the prior written approval of the Procurement Officer. The State shall not unreasonably withhold approval. 6. Risk and Liability 6.1. Risk of Loss: The Contractor shall bear all loss of conforming material covered under this Contract until received by authorized personnel at the location designated in the purchase order or Contract. Mere receipt does not constitute final acceptance. The risk of loss for nonconforming materials shall remain with the Contractor regardless of receipt. 6.2. Indemnification 6.2.1. ContractorNendor Indemnification (Not Public Agency) The parties to this contract agree that the State of Arizona, its departments, agencies, boards and commissions shall be indemnified and held harmless by the contractor for the vicarious liability of the State as a result of entering into this contract. However, the parties further agree that the State of Arizona, its departments, agencies, boards and commissions shall be responsible for its own negligence. Each party to this contract is responsible for its own negligence. 6.2.2. Public Agency Language Only Each party (as 'indemnitor') agrees to indemnify, defend, and hold harmless the other party (as 'indemnitee') from and against any and all claims, losses, liability, costs, or expenses (including reasonable attorney's fees) (hereinafter collectively referred to as 'claims') arising out of bodily injury of any person (including death) or property damage but only to the extent that such claims which result in vicarious/derivative liability to the indemnitee, are caused by the act, omission, negligence, misconduct, or other fault of the indemnitor, its officers, officials, agents, employees, or volunteers." 6.3. Indemnification - Patent and Copyright. The Contractor shall indemnify and hold harmless the State against any liability, including costs and expenses, for infringement of any patent, trademark or copyright arising out of Contract performance or use by the State of materials furnished or work performed under this Contract. The State shall reasonably notify the Contractor of any claim for which it may be liable under this paragraph. If the contractor is insured pursuant to A.R.S. § 41-621 and § 35-154, this section shall not apply. 6.4. Force Majeure. 6.4.1 Except for payment of sums due, neither party shall be liable to the other nor deemed in default under this Contract if and to the extent that such party's performance of this Contract is prevented by reason of force majeure. The term "force majeure" means an occurrence that is beyond the control of the party affected and occurs without its fault or negligence. Without limiting the foregoing, Uniform Terms and Conditions Page 5 of 9 Updated: March 7, 2011 force majeure includes acts of God; acts of the public enemy; war; riots; strikes; mobilization; labor disputes; civil disorders; fire; flood; lockouts; injunctions - intervention -acts; or failures or refusals to act by government authority; and other similar occurrences beyond the control of the party declaring force majeure which such party is unable to prevent by exercising reasonable diligence. 6.4.2. Force Majeure shall not include the following occurrences: 6.4.2.1. Late delivery of equipment or materials caused by congestion at a manufacturer's plant or elsewhere, or an oversold condition of the market; 6.4.2.2. Late performance by a subcontractor unless the delay arises out of a force majeure occurrence in accordance with this force majeure term and condition; or 6.4.2.3. Inability of either the Contractor or any subcontractor to acquire or maintain any required insurance, bonds, licenses or permits. 6.4.3. If either party is delayed at any time in the progress of the work by force majeure, the delayed party shall notify the other party in writing of such delay, as soon as is practicable and no later than the following working day, of the commencement thereof and shall specify the causes of such delay in such notice. Such notice shall be delivered or mailed certified -return receipt and shall make a specific reference to this article, thereby invoking its provisions. The delayed party shall cause such delay to cease as soon as practicable and shall notify the other party in writing when it has done so. The time of completion shall be extended by Contract Amendment for a period of time equal to the time that results or effects of such delay prevent the delayed party from performing in accordance with this Contract. 6.4.4. Any delay or failure in performance by either party hereto shall not constitute default hereunder or give rise to any claim for damages or loss of anticipated profits if, and to the extent that such delay or failure is caused by force majeure. 6.5. Third Party Antitrust Violations. The Contractor assigns to the State any claim for overcharges resulting from antitrust violations to the extent that those violations concern materials or services supplied by third parties to the Contractor, toward fulfillment of this Contract. 7. Warranties 7.1. Liens. The Contractor warrants that the materials supplied under this Contract are free of liens and shall remain free of liens. 7.2. Quality. Unless otherwise modified elsewhere in these terms and conditions, the Contractor warrants that, for one year after acceptance by the State of the materials, they shall be: 7.2.1. Of a quality to pass without objection in the trade under the Contract description; 7.2.2. Fit for the intended purposes for which the materials are used; 7.2.3. Within the variations permitted by the Contract and are of even kind, quantity, and quality within each unit and among all units; 7.2.4. Adequately contained, packaged and marked as the Contract may require; and 7.2.5. Conform to the written promises or affirmations of fact made by the Contractor. Uniform Terms and Conditions Page 6 of 9 Updated: March 7, 2011 7.3. Fitness. The Contractor warrants that any material supplied to the State shall fully conform to all requirements of the Contract and all representations of the Contractor, and shall be fit for all purposes and uses required by the Contract. 7.4. Inspection/Testing. The warranties set forth in subparagraphs 7.1 through 7.3 of this paragraph are not affected by inspection or testing of or payment for the materials by the State. 7.5. Compliance With Applicable Laws. The materials and services supplied under this Contract shall comply with all applicable Federal, state and local laws, and the Contractor shall maintain all applicable license and permit requirements. 7.6. Survival of Rights and Obligations after Contract Expiration or Termination. 7.6.1. Contractor's Representations and Warranties. All representations and warranties made by the Contractor under this Contract shall survive the expiration or termination hereof. In addition, the parties hereto acknowledge that pursuant to A.R.S. § 12-510, except as provided in A.R.S. § 12-529, the State is not subject to or barred by any limitations of actions prescribed in A.R.S., Title 12, Chapter 5. 7.6.2. Purchase Orders. The Contractor shall, in accordance with all terms and conditions of the Contract, fully perform and shall be obligated to comply with all purchase orders received by the Contractor prior to the expiration or termination hereof, unless otherwise directed in writing by the Procurement Officer, including, without limitation, all purchase orders received prior to but not fully performed and satisfied at the expiration or termination of this Contract. 8. State's Contractual Remedies 8.1. Right to Assurance. If the State in good faith has reason to believe that the Contractor does not intend to, or is unable to perform or continue performing under this Contract, the Procurement Officer may demand in writing that the Contractor give a written assurance of intent to perform. Failure by the Contractor to provide written assurance within the number of Days specified in the demand may, at the State's option, be the basis for terminating the Contract under the Uniform Terms and Conditions or other rights and remedies available by law or provided by the contract. 8.2. Stop Work Order. 8.2.1. The State 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 period(s) of days indicated by the State after the order is delivered to the Contractor. 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. 8.2.2. If a stop work order issued under this clause is canceled or the period of the order or any extension expires, the Contractor shall resume work. The Procurement Officer shall make an equitable adjustment in the delivery schedule or Contract price, or both, and the Contract shall be amended in writing accordingly. 8.3. Non-exclusive Remedies. The rights and the remedies of the State under this Contract are not exclusive. 8.4. Nonconforming Tender. Materials or services supplied under this Contract shall fully comply with the Contract. The delivery of materials or services or a portion of the materials or services that do not fully comply constitutes a breach of contract. On delivery of nonconforming materials or services, the State may terminate the Contract for default Uniform Terms and Conditions Page 7 of 9 Updated: March 7, 2011 under applicable termination clauses in the Contract, exercise any of its rights and remedies under the Uniform Commercial Code, or pursue any other right or remedy available to it. 8.5. Right of Offset. The State shall be entitled to offset against any sums due the Contractor, any expenses or costs incurred by the State, or damages assessed by the State concerning the Contractor's non -conforming performance or failure to perform the Contract, including expenses, costs and damages described in the Uniform Terms and Conditions. 9. Contract Termination 9.1. Cancellation for Conflict of Interest. Pursuant to A.R.S. § 38-511, the State may cancel this Contract within three (3) years after Contract execution without penalty or further obligation if any person significantly involved in initiating, negotiating, securing, drafting or creating the Contract on behalf of the State is or becomes at any time while the Contract or an extension of the Contract is in effect an employee of or a consultant to any other party to this Contract with respect to the subject matter of the Contract. The cancellation shall be effective when the Contractor receives written notice of the cancellation unless the notice specifies a later time. If the Contractor is a political subdivision of the State, it may also cancel this Contract as provided in A.R.S. § 38-511. 9.2. Gratuities. The State may, by written notice, terminate this Contract, in whole or in part, if the State determines that employment or a Gratuity was offered or made by the Contractor or a representative of the Contractor to any officer or employee of the State for the purpose of influencing the outcome of the procurement or securing the Contract, an amendment to the Contract, or favorable treatment concerning the Contract, including the making of any determination or decision about contract performance. The State, in addition to any other rights or remedies, shall be entitled to recover exemplary damages in the amount of three times the value of the Gratuity offered by the Contractor. 9.3. Suspension or Debarment. The State may, by written notice to the Contractor, immediately terminate this Contract if the State determines that the Contractor has been debarred, suspended or otherwise lawfully prohibited from participating in any public procurement activity, including but not limited to, being disapproved as a subcontractor of any public procurement unit or other governmental body. Submittal of an offer or execution of a contract shall attest that the contractor is not currently suspended or debarred. If the contractor becomes suspended or debarred, the contractor shall immediately notify the State. 9.4. Termination for Convenience. The State reserves the right to terminate the Contract, in whole or in part at any time when in the best interest of the State, without penalty or recourse. Upon receipt of the written notice, the Contractor shall stop all work, as directed in the notice, notify all subcontractors of the effective date of the termination and minimize all further costs to the State. In the event of termination under this paragraph, all documents, data and reports prepared by the Contractor under the Contract shall become the property of and be delivered to the State upon demand. The Contractor shall be entitled to receive just and equitable compensation for work in progress, work completed and materials accepted before the effective date of the termination. The cost principles and procedures provided in A.A.C. R2-7-701 shall apply. 9.5. Termination for Default. 9.5.1. In addition to the rights reserved in the contract, the State may terminate the Contract in whole or in part due to the failure of the Contractor to comply with any term or condition of the Contract, to acquire and maintain all required insurance policies, bonds, licenses and permits, or to make satisfactory progress in performing the Contract. The Procurement Officer shall provide written notice of the termination and the reasons for it to the Contractor. Uniform Terms and Conditions Page 8 of 9 Updated: March 7, 2011 9.5.2. Upon termination under this paragraph, all goods, materials, documents, data and reports prepared by the Contractor under the Contract shall become the property of and be delivered to the State on demand. 9.5.3. The State may, upon termination of this Contract, procure, on terms and in the manner that it deems appropriate, materials or services to replace those under this Contract. The Contractor shall be liable to the State for any excess costs incurred by the State in procuring materials or services in substitution for those due from the Contractor. 9.6. Continuation of Performance Through Termination. The Contractor shall continue to perform, in accordance with the requirements of the Contract, up to the date of termination, as directed in the termination notice. 10. Contract Claims All contract claims or controversies under this Contract shall be resolved according to A.R.S. Title 41, Chapter 23, Article 9, and rules adopted thereunder. 11. Arbitration The parties to this Contract agree to resolve all disputes arising out of or relating to this contract through arbitration, after exhausting applicable administrative review, to the extent required by A.R.S. § 12-1518, except as may be required by other applicable statutes (Title 41). 12. Comments Welcome The State Procurement Office periodically reviews the Uniform Terms and Conditions and welcomes any comments you may have. Please submit your comments to: State Procurement Administrator, State Procurement Office, 100 North 15th Avenue, Suite 201, Phoenix, Arizona, 85007. Uniform Terms and Conditions Page 9 of 9 Updated: March 7, 2011 SOLICITATION AMENDMENT NO. TWO (2) SOLICITATION NO. ADOT11-00001284 ARIZONA DEPARTMENT OF TRANSPORTATION Procurement Group 1739 West Jackson Street, Suite A 100P Phoenix, Arizona 85007-3276 Phone: (602) 712-7211 Description: Bulk Fuel Solicitation Due Date: January 4, 2012 until 3:00 P.M. MST A signed copy of this amendment shall be included with your offer submitted via ProcureAZ prior to the solicitation due date and time. After a review of the questions posted on the Q&A Tab within ProcureAZ, further clarification is required therefore this Solicitation is amended as follows in Bold Italicized Text 1. CHANGES Section 5, Special Terms and Conditions, Page 4, paragraph 4 shall be deleted and now read: Pricing shall be submitted under the Line Items tab within the State's e -Procurement system, ProcureAZ (https:Hprocure.az.gov). Due to factors such as multiple delivery locations, pricing advantage, compatibility, etc, pricing shall be submitted per county. Pricing shall be submitted by county at the quantities designated for each type of product within the Line Items Tab on ProcureAZ. Bidder is not required to bid on all products however failure to submit pricing for all quantities within each specific product shall result in a bid being rejected; For example, if choosing to bid on Unleaded for Apache County, pricing must be submitted for each of the quantities listed on the Line Items (up to 1000, up to 4000 and over 4000) to be deemed responsive. The price for all gasoline and diesel fuels shall be the margin price (in cents, to a required four decimal places) for each line item, to be added to, or subtracted from, the weekly average rack price for the type of fuel required, as published by the Oil Price Information Service (O.P.I.S.) or Butane -Propane News (BPN) for propane. The price published by O.P.I.S. each Monday shall be in effect for purchases through Saturday of that week. If O.P.I.S. does not publish a price for the type of fuel required in the current week, the most recent published price shall prevail. The pricing bid shall include all costs required to deliver and unload fuel into the requesting agency's storage tank, including freight. Bidders are not to indicate freight within the Line Items Tab on ProcureAZ. Spill and LUST taxes are to be omitted from the bid price as taxes are not evaluated for bid award The choice of O.P.I.S. rack (Phoenix, Tucson, etc) to be used as the resultant contract pricing basis is to be identified on Attachment 4, Weekly Rack Indicator and shall remain consistent for the life of the contract. Winter Blended Diesel: The price for Winter Blend Diesel Fuel will be based on the O.P.I.S. price for ULSD; plus or minus the contract price margin. Propane Pricing The price for propane shall be the margin price (in cents, to a REQUIRED four decimal places) for each line item, to be added to, or subtracted from, the Principal Average Mont Belvieu price, as published weekly by Butane -Propane News (BPN) in the "Weekly Propane Newsletter" or as published by the Oil Price Information Service (O.P.I.S.), in order to determine the actual purchase price. The price published by BPN each Monday shall be in effect for purchases through Saturday of that week. if BPN does not publish a price for Mont Belvieu in the current week, the most recent published price shall prevail. SOLICITATION AMENDMENT NO. TWO (2) SOLICITATION NO. ADOT11-00001284 ARIZONA DEPARTMENT OF TRANSPORTATION Procurement Group 1739 West Jackson Street, Suite A 100P Phoenix, Arizona 85007-3276 Phone: (602) 712-7211 Description: Bulk Fuel Solicitation Due Date: January 4, 2012 until 3:00 P.M. MST A, DCa Pricing for the rental of a new tank and one dispenser (1 Gallon meter) shall be submitted under the Line Items Tab within ProcureAZ, if required and shall be based on a one-time yearly fee. The use of this item is optional. Requesting entity may purchase this option at their discretion. Prompt payment discounts of thirty (30) days or more set forth in an Offer shall be deducted from the offer for the purposes of evaluating that price. If a prompt payment discount is being offered you must indicate YES on the Questions Tab in ProcureAZ and proceed to the General Tab within your quote response to indicate the discount. Bidder shall indicate if applicable, the biodiesel blender or mixture credit in accordance with the National Biodiesel Board (NBB) within the Questions Tab in ProcureAZ. Bidder shall indicate, if applicable a rate for an after hours emergency opening of the business, within the Line Items Tab on ProcureAZ, per Special Terms and Conditions, Paragraph 29. 2. REVISED The solicitation due date of January 3, 2012 is changed to January 4, 2012 until 3:00 p.m< MST. Submittal location remains unchanged. ALL,,QTHER>PJ70YISIONS OF THE SOLICITATION SHALL REMAIN IN THEIR ENTIRETY. Offeror hereby acknotAYle es r erpt a d understanding of the The above referenced Solicitation Amendment is hereby above amendment y { executed this 29'" of December 2011 at Phoenix, Arizona, Signature Date A I Typed Name a'nd Title LIIf VVNj t Company Name Address t. chA n_naTAernandez, CPPB City State Zp PROCUREMENT OFFICER ATTACHMENT 1 OFFER AND CONTRACT AWARD ARIZONA DEPARTMENT OF TRANSPORTATION Procurement Group 1739 W. Jackson Street Suite A - MD 100P Phoenix, Arizona 85007 .� Phone: (602) 712-7211 SOLICITATION NO. ADOT12-00001284 /.SOOT Submit this form with an original signature to the Department OFFER TO THE STATE OF ARIZONA: The bidder hereby offers and agrees to perform in compliance with all terms, conditions, specifications and amendments of this solicitation and any written exceptions in the offer. Signature also acknowledges receipt of all pages indicated in the Table of Contents. Arizona State Transaction Privilege Tax License Number No.: 10— 1152 V - C Federal Employer Identification For clarification of this offer, contact: No.: L /1� Printed Name �_ p �yl°Dnl,r�bw�erea� N�e�"�i o� gt1L��O3p t►r� �ltiia�tie�6STPik7¢l�irt Offeror's (Com any) Name Email Address �12-21 -'AUCs. �J lAtW e �,, 0k6 �' i b,& !A Address Company; ET A dress Noe C 14 City State Zip Signature of Per�sdbij­Authqfized to Sign Offer Phone Printed Name Date Facsimile Title ACCEPTANCE OF OFFER AND CONTRACT AWARD (FOR STATE OF ARIZONA USE ONLY) Your bid is hereby accepted. The contractor is now bound to perform based upon the solicitation, including all terms, conditions, specifications, amendments, etc., and the contractor's bid as accepted by the state. This contract shall henceforth be referred to as Contract No. BULK FUEL The contractor is hereby cautioned not to commence any billable work or provide any material, service or construction under this contract until contractor receives a purchase order document. State of Arizona Effective this day of 2011 Susanna Hernandez, CPPB Awarded Date As Procurement Officer and not personally ATTACHMENT 2 PRODUCT EXCEPTION OR EQUIVALENT LIST ARIZONA DEPARTMENT OF TRANSPORTATION Procurement Group 1739 W. Jackson Street Suite A - MD 100P Phoenix, Arizona 85007 Phone: (602) 712-7211 SOLICITATION NO. ADOT12-00001284 When an equivalent item is bid other than that listed, please identify, in the space below, the page, paragraph, item listed and the item offered as an equivalent. Items not clearly identified as having an equivalent offered, shall be supplied as listed. 2 3 ATTACHMENT 3 SERVICE AREAS ARIZONA DEPARTMENT OF TRANSPORTATION Procurement Group 1739 W. Jackson Street Suite A - MD 100P Phoenix, Arizona 85007 Phone: (602) 712-7211 SOLICITATION NO. ADOT12-00001284 PLEASE MARK THE COUNTIES THAT WILL BE SERVICED UNDER ANY RESULTANT CONTRACT — BY MARKING A SPECIFIC COUNTY IT IS UNDERSTOOD THAT ALL CITIES WITHIN THAT COUNTY SHALL BE SERVICED WHETHER SPECIFIED OR NOT APACHE COUNTY COCONINO COUNTY MOHAVE COUNTY Window Rock Page Bullhead City Chinle Grand Canyon Kingman Teec Nos Pos Williams Lake Havasu City Sanders Flagstaff Topoc Chambers Seligman Wikieup St. Johns Fredonia Springerville Alpine NAVAJO COUNTY YAVAPAI COUNTY Holbrook Ashfork MARICOPA COUNTY Winslow Clarkdale Buckeye Kayenta Dewey Casa Grande Kearns Canyon Prescott Chandler Snowflake Prescott Valley Glendale Showlow Sedona Phoenix Pinetop Wickenburg Scottsdale Tempe GILA COUNTY 1C LA PAZ COUNTY Cedar Creek BI the PINAL COUNTY X Globe Parker Coolidge Payson Quartzsite Gilbert Strawberry Salome Globe Young Kearny Superior COCHISE COUNTY Bisbee PIMA COUNTY YUMA COUNTY Douglas Ajo Somerton ST. David Green Valley Welton San Simon Sells Yuma Sierra Vista Tucson Willcox Why SANTA CRUZ COUNTY Elgin GRAHAM COUNTY GREENLEE COUNTY Noglaes Safford Clifton Patagonia Thatcher Duncan Tubac Hannigan Meadow Morenci 3 ATTACHMENT WEEKLY RACK INDICATOR ARIZONA DEPARTMENT OF TRANSPORTATION Procurement Group 1739 W. Jackson Street Suite A - MD 10013 Phoenix, Arizona 85007 Phone: (602) 712-7211 SOLICITATION NO. ADOT12-00001284 OPTS RACK BPN RACK APACHE COUNTY COCHISE COUNTY �wCSor� COCONINO COUNTY A0 dA GILA COUNTY Q�O�niX GRAHAM COUNTY GREENLEE COUNTY 'Ttkcsoh LA PAZ COUNTY MARICOPA COUNTY P►�oe.� iX MOHAVE COUNTY Ro Q;4 NAVAJO COUNTY nn An Qic7� PINAL COUNTY QI10P n tX PIMA COUNTY �t�Cso►� SANTA CRUZ COUNTY 111�.GSc?h YAVAPAI COUNTY 2 pp O 2 1 CJS. YUMA COUNTY vkOCAI)c ATTACHMENT 5 REFERENCES ARIZONA DEPARTMENT OF TRANSPORTATION Procurement Group 1739 W. Jackson Street Suite A - MD 100P Phoenix, Arizona 85007 Phone: (602) 712-7211 SOLICITATION NO. ADOT12-00001284 PLEASE LIST THE NAME, ADDRESS, CONTACT NAME, AND TELEPHONE NUMBER FOR THREE (3) ORGANIZATIONS FOR WHOM YOUR COMPANY HAS PROVIDED SERVICES OF A SIMILAR SIZE AND SCOPE WITHIN THE PAST 36 MONTHS. These references may be checked, so please make sure all information is accurate and current. A. ORGANIZATION: fV6,C�copc- C4U--.6 �aus�P . �' Fuad Scr�yw-eS ADDRESS: .33oZs Ga. Otx� CITY/STATE/ZIP CODE: CONTACT: TELEPHONE NUMBER: FAX NUMBER: (602,) 564 —1341 DATE OF CONTRACT INITIATION: 3kj% TYPE OF SERVICES PROVIDED: Futl ��lid�,,ry B. ORGANIZATION: ADDRESS: A0Z CO, View R6.. CITY/STATE/ZIP CODE: Kotn;y, A -z— 85na. CONTACT: frNk Mycpe-7— TELEPHONE NUMBER: Cc0o2S agLi ^ )aq FAX NUMBER: Ct 0 ) 8`70- 3315 DATE OF CONTRACT INITIATION: 1 f o5' TYPE OF SERVICES PROVIDED: Fvxj + Oi t p�I ivt. y C. ORGANIZATION: (�1 p �!`av►.SDor�" Cow�ow► ADDRESS: 3 35 S , y3 - Ave- CITY/STATE/ZIP CODE: `Ikoe !)1 ` A -,z,- 6,56oef CONTACT: se -04 S�"'rvo TELEPHONE NUMBER: L60n g.` a'\-:1.07 FAX NUMBER: (44A) 276-- 914, DATE OF CONTRACT INITIATION:g19 (o TYPE OF SERVICES PROVIDED: Ftkel &011 Sithe-' 5 ATTACHMENT 6 REPRESENTATIVES ARIZONA DEPARTMENT OF TRANSPORTATION Procurement Group 1739 W. Jackson Street Suite A - MD 10013 Phoenix, Arizona 85007 Phone: (602) 712-7211 SOLICITATION NO. ADOT12-00001284 PER SECTION 3, SPECIAL TERMS AND CONDITIONS, PLEASE LIST APPLICABLE INFORMATION FOR EMERGENCY ORDERS. CONTACT: Mn ADDRESS: (o12- S, SA.dc CITY/STATE/ZIP CODE: Pkaol\i x, A Z g$ON,3 TELEPHONE NUMBER: CCaU'eL)�a q j - 9,4A3 FAX NUMBER: CONTACT: ADDRESS: � 11 S . 5A,VL CITY/STATE/ZIP CODE: Natyl w, A7— g5o4-s TELEPHONE NUMBER: FAX NUMBER: _ &02')358-40' CONTACT: ADDRESS: 6'o 2. CS. �!o E"t` Ave... . CITY/STATE/ZIP CODE: PtNoen ix , A - L- I6OH3 TELEPHONE NUMBER: FAX NUMBER: 401) ygN-°Ioz.s CONTACT: Co p ie ron Lu p e. ADDRESS: L-WC0 ,E. Sf . CITY/STATE/ZIP CODE: lc�c c Som. A- 051-71q TELEPHONE NUMBER: (So10) CjS`'j - j(,0S FAX NUMBER: (Slo) 5717 I — 07a2, ATTACHMENT 7 NON -COLLUSION AFFIDAVIT ARIZONA DEPARTMENT OF TRANSPORTATION Procurement 1739 West Jackson, Suite A MD 100P Phoenix, Arizona 85007-3276 Phone: (602) 712-7211 SOLICITATION NO. ADOT12-00001284 NON -COLLUSION AFFIDAVIT State of Arizona ) ) ss County of ) �j (Affiant) the j /� (Title) of (Contractor) the persons, corporation, or company who makes the accompanying Proposal, having first been duly sworn, deposes and says: That such Proposal is genuine and not sham or collusive, nor made in the interest or behalf of any person not herein named, and that the Bidder has not directly or indirectly induced or solicited any other Bidder to put in a sham bid, or any other person, firm, or corporation to refrain from bidding, and that the Bidder has not in any manner sought by collusion to secure for itself an advantage over any other Bidder. (Signature)) ( Title) Subscribed and sworn to before me this Day of J,1,Warq , 20 / a w FICIAL SEAL REGINA F. ROMERO Notary Public -State of Arizona MARICOPA COUNTY �Y Comm. Expires April 2S, 2014 ure of Notary Public in and for the County of State ofr1'7- 0 12 INA ADOT12-00001284 ATTACHMENT 8 State of Arizona Substitute W-9 & Vendor Authorization Form Purpose: Establish or update a vendor account with the State of Arizona. This form meets the Federal requirements to request a taxpayer identification number (TIN), request certain certification and claims for exemption, as well as the State of Arizona requirements for vendor establishment. Instructions: Complete form if 1. You are a U.S. person (including a resident alien); 2. You are a vendor that provides goods or services to a n Arizona state agency; AND 3. You will receive payment from the State of Arizona. Return completed form to the state agency with whom you do business, for review and authorization. See instructions below or refer to the IRS instructions at www.irs.gov for details on completing this form. • Type of Request (Must select at least ONE) ❑ Tax ID ❑ Legal Name ❑ Entity Type ❑ Minority NewLocation O Change (Select the type(s) of Business Indicator New Request O (Additional Mail change from the following: ❑ Main Address ❑ Remittance Address ❑ Contact Code) Information • Taxpayer Identification Number (TIN) (Provide ONE Only) Social Security Number (SSN) OR Employer Identification Number (EIN) NO OS!�-& I S 1 • Entity Name Must Provide Legal Name ( *Must match SSN or FEIN given. If Individual OR Sole Proprietorship enter First, Middle, Last Name.) Legal Name* aw'on COMPoriV • Entity Type Must select one of the following (Coding (X#) is for internal purposes only) O Individual/Sole Proprietor or Sole Proprietor organized as LLC, PLLC (61) C State of Arizona employee (1E) STATE HRIS EIN d Corporation NOT providing health care, medical or legal services (5A) C LLC, PLLC organized as corporation NOT providing health care medical or legal services (5A) O Corporation providing health care, medical or legal services (5M) C LLC, PLLC organized as corporation providing health care medical or legal services (5M) O Partnership, LLP or Partnership organized as LLC or PLLC (5C) C A state, a possession of the US, or any of their political subdivisions or instrumentalities (4G O An international organization or any of its agencies/instrumentalities (5U) C Other: Tax Reportable Entity (513) Description O The US or any or its political subdivisions or instrumentalities (2G) C Other: Tax Exempt Entity (51-1) • Minority Business Indicator Must select one of the following (Coding (X#) is for internal purposes only) 0 Small Business (01) O Small, Woman Owned Business- Hispanic (31) O Minority Owned Business- African American ( 04) O Small Business- African American (23) O Small, Woman Owned Business- Native Amedcan (33) O Minority Owned Business- Asian (32) O Small Business- Asian (24) O Small, Woman Owned Business- Other Minority (11) O Minority Owned Business- Hispanic (74) O Small Business- Hispanic (25) O Woman Owned Business (03) O Minority Owned Business- Native American (15) O Small Business- Native American (27) O Woman Owned Business- African American (17) O Minority Owned Business- Other Minority (02) O Small Business- Other Minority (05) O Woman Owned Business -Asian (18) O Non -Profit, IRC § 501(c) (88) O Small, Woman Owned Business (06) O Woman Owned Business- Hispanic (19) O Non -Small, Non -Minority or Non -Woman Owned O Small, Woman Owned Business -African American (29) O Woman Owned Business- Native American (21) Business (00) O Small, Woman Owned Business- Asian (30) O Woman Owned Business- Other Minority (08) O Individual, Non -Business (00) 0 Main Address Where tax information and general correspondence is to be mailed O Remittance Address Where payment is to be mailed ® Same as Main DBA/Branch/Location &' O ^ DBA/Branch/Location Address (22 5. 5(oK "1W Address City I VkO rA I )c State • Vendor Contact Information Name A -2, Zip code I eS-0431 City Title State Zip code J`"p f ly 04a+%�.e.r- Phone # (4o2)35% -at-( l Ext. Fax �loy2�y$y- "l��pi Email I ;iM�G t+ltwdhC%ti5}/'I bw�ivtq.COWS • Certification Exempt from backup withholding G 1. Under Penalties of perjury, I certify that: 2. The number shown on this form is my correct taxpayer identification number (or I am wailing for a number to be issued to me) AND I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding AND 3.1 am a U.S. person (induding U.S. resident alien). Certification instructions. You must cross out item 2 above ifyou have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on you tax return. For real estate transaction, item 2 does not apply. For mortgage interest paid, a isition or abandonment of secured property, cancellation of debt contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the Certification, but you�mmy t prgvide your correct TIN. Signatur Title e Date I /-. '�_ ZI 2— State HRIS EIN Print Name Signature AGY Title Phone # Email Date STATE OF ARIZONA GAO USE ONLY VENDOR & STATE AGNECY: DO NOT WRITE B ❑ IRS TIN Matching ❑ Corporation Commission vexiaNrrber Rnsed by D Rooesed � ❑ HRIS ❑ GAO -03 ❑ Other GAO -W-9 Revised 01/2010 M EXHIBIT B TO COOPERATIVE PURCHASING AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND SENERGY PETROLEUM, LLC [Materials Order(s)] See following pages (to be attached subsequent to execution). 2469698.1 ��zalN�j� TOWN OF FOUNTAIN HILLS k0 l� n TOWN COUNCIL "� AGENDA ACTION FORM 9i�'�et ; 00 Meeting Date: 10/15/2015 Meeting Type: Regular Session Agenda Type: Regular Submitting Department: Development Services Staff Contact Information: Robert Rodgers, Senior Planner rrodgers@fh.az.com 480-816-5138 Strategic Planning Goal: Not Applicable (NA) Operational Priority: Not Applicable (NA) REQUEST TO COUNCIL (Agenda Language): CONSIDERATION of a FINAL REPLAT at 16750, 16800 & 16820 E. Paul Nordin Parkway and at 16845 E. Avenue of the Fountains (Plat 208, Block 7, Lots 1, 2, 3 & 5). Case # S2015-08 Applicant: Fountain Hills Developer, LLC Applicant Contact Information: 14555 N. Scottsdale Rd. #240 Scottsdale, AZ 85254 480-315-9090 Owner: Owner Contact Information: MS -RCS Fountain Hills, LLC 371 Centennial Pkwy #200 Louisville, CO 80027 303-466-2500 Owner: Park Place Properties, LLC Owner Contact Information: 1221 Cleveland Wilmette, IL 60091 C/O Sam Gambacorta, Managing Partner Property Location: 16750, 16800 & 16820 E. Paul Nordin Pkwy and, 16845 E. Avenue of the Fountains Fountain Hills, AZ 85268 Related Ordinance, Policy or Guiding Principle: Fountain Hills Subdivision Ordinance , Section 2.07 Replats Staff Summary (background): The Property owner, Fountain Hills Developer, LLC (Morningstar), currently owns the property located at 16750, 16800 & 16820 E. Paul Nordin Pkwy. The property is currently divided into three lots and contains approximately 3.34 acres in total. Page 1 of 2 The Morningstar assisted living facility, both the building and the parking lots, will span lots 1, 2, and 3. Under the Building Codes the building may not cross the property lines without including adequate firewalls. This is not practical under the circumstances so the applicant is requesting that the three lots be combined into one lot. The property owner, Park Place Properties, LLC (Sam Gambacorta), currently owns the property located at 16845 E. Avenue of the Fountains. The property contains approximately 4.56 acres and is currently vacant. This property is included in this re -plat due to the mutual access and public utility easements, sidewalks, landscaping as well as the shared parking agreement between the Morningstar property and this property. Risk Analysis (options or alternatives with implications): Approval of the re -plat will allow the applicant to join the three adjacent lots into one building lot. Disapproval will require the applicant to keep the existing lot configuration. Fiscal Impact (initial and ongoing costs; budget status): None Budget Reference (page number): NA Funding Source: NA If Multiple Funds utilized, list here: NA Budgeted; if No, attach Budget Adjustment Form: NA Recommendation(s) by Board(s) or Commission(s): NA Staff Recommendation(s): Staff recommends approval of the lot join as presented. List Attachment(s): Application Site Location Map Existing Plat Replat Plan (2 pgs) SUGGESTED MOTION (for Council use): Move to approve the FINAL REPLAT at 16750, 16800 & 16820 E. Paul Nordin Parkway and at 16845 E. Avenue of the Fountains (Plat 208, Block 7, Lots 1, 2, 3 & 5) as presented. Prepared by: 1Ro6ert Rodgers Robert Rodgers, Senior Planner 10/5/2015 Director's Approval: Paul Mood, Development Services Director 10/5/2015 Approved: Grady E. Miller, Town Manager 10/6/2015 Page 2 of 2 DO Not write in thisS ace —official use only Filing Date q. Accepted By Fee Accepted Snp. 00 C" 105A Case Manager &b l-44�f6 The Town of Fountain Hills PLANNING & ZONING DEPARTMENT - APPLICATION Abandonment (Plat or Condominium) Appeal of Administrator's Interpretation Area Specific Plan & Amendments Concept Plan Condominium Plat Cut/Fill Waiver Development Agreement HPE Change or Abandonment General Plan Amendment Ordinance (Text Amendment) Planned Unit Development Preliminary / Final Plat Replat (Lot joins, lot splits, lot line adjustments) Rezoning (Map) Special Use Permit & Amendments Site Plan Review (vehicles sales) Temporary Use Permit (Median Fee, if applicable) Variance 4 Other PROJECT NAME / NATURE OF PROJECT: mogot6*&TP+R.Or- h70o-TAS NN 141itsr �'4 tr ' Lkq%W'Fxkaki LEGAL DESCRIPTION: Plat Name ?tAT NO Q0'2 Block '7 Lot k , 2L , 3 PROPERTY ADDRESS: 16750 , 1 b ac' , 1(6`3 20 & VAiL F'5x, I--c1tNR;�kr PARCEL SIZE (Acres) `),'i4 ASSESSOR PARCEL NUMBER VT(6-25-557,95Si1559 NUMBER OF UNITS PROPOSED ct t}NfTS TRACTS EXISTING ZONING fAb PROPOSED ZONING Annficant Mrs. L -C Day Phone Oda •'3%5 ``iib Mr. Ms. Address: 1555 N- neons+ - R0, 4 240 City: State: Zip: �2-� Email: Owner Mrs. PAS- RCS LV- Mr. eMr. Ms. Address: 31t C'£tSCftS�11ALY #� 200 Day Phone -503-%(o-2-500 City: WQ16d1U.V-- State: C-0 zip: 0677 1360 If application is being submitted by someone other than the owner of the property under consideration, the section below Mug be completed. SIGNATURE OF OWNER U �"� DATE Fno n) 40,5 TO FILE THIS APPLICATION. Please Pri for, a this day of- , 20 /S iion Ex res Geonionne K suin MUNIS ` Noary P")`' AdMu11awk0pa co" APPLICATION # My En*** _. zs, 2n017 AVE. OF THE FOUNTAINS 8 5 i 1 � , 1 , 1 , { STEWART VISTA AVE. A Final Raplat of Block 7, Piet No. 208, Fountain Hhb, Anme, Book 944 ofMaw�rrpa, Peg* 4, M.C.R. .Sud h-1 R14.41 DNn,D ^ r1. Nv1kat W I$ � D(r, do rnid 01)Uj,aR..1. w Lh:.L 3N3r;.t9E 9 m d m 7�._Qkt/5 - N w 1 not 816 .ul 49 M2-1320289 BLOCK 7, PLAT 208 i �UNTAIN HILLS. AZ FINAL PLAT 2 of 2 Meeting Date: 10/15/2015 Agenda Type: Regular TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Type: Regular Session Submitting Department: Community Services Staff Contact Information: Mark Mayer - mmayer@fh.az.gov Strategic Planning Goal: Not Applicable (NA) Operational Priority: Not Applicable (NA) REQUEST TO COUNCIL (Agenda Language): Consideration of a joint project between the Town, the Four Peaks Rotary Club, the Greening of Downtown group and the Cultural and Civic Association for the creation of a Harmony Musical Playground in Fountain Park Applicant: N/A Applicant Contact Information: N/A Owner: N/A Owner Contact Information: N/A Property Location: N/A Related Ordinance, Policy or Guiding Principle: N/A Staff Summary (background): At the September 28, 2015 meeting of the Community Services Advisory Commission, Mr. Steve Ryan representing the Four Peaks Rotary Club gave a presentation to the group regarding their proposed Harmony Musical Playground. A copy of his presentation is attached. Also attending the meeting were Ms. Jenny Willigrod and Mr. Jerry Butler representing the Greening of Downtown group. As proposed the project would take the existing circular turf area between the two playground areas and turn it into the proposed Harmony Musical Playground. The instruments would be in the center of the space with a number of trees and paths in the area. Costs for the project are estimated at $44,000 for twelve instruments and an additonal $7,200 to install them. Funds would be provided by the Four Peaks Rotary Club. It is anticipated that it would take several years for the club to raise this amount. In addition, the Greening of Downtown is proposing to place eighteen trees in the border area surrounding the musical pieces at an estimated cost of $17,000 including decomposed granite walks. Total combined project costs are estimated at $68,200. The Community Services Advisory Commission voted unanimously in support of the project and to make their recommendation to the Town Council for their consideration. Risk Analysis (options or alternatives with implications): Fiscal Impact (initial and ongoing costs; budget status): Budget Reference (page number): Page 1 of 3 Funding Source: NA If Multiple Funds utilized, list here: Budgeted; if No, attach Budget Adjustment Form: NA Recommendation(s) by Board(s) or Commission(s): Recommendation from the Community Services Advisory Commission to the Town Council in support of the proposed Musical Playground project. Staff Recommendation(s): Staff is also supportive of the proposed project List Attachment(s): Copy of Mr. Steve Ryan's presentation SUGGESTED MOTION (for council use): Motion to approve the joint project between the Town, the Four Peaks Rotary Club, the Cultural and Civic Asssociation and the Greening of Downtown for a Harmony Musical Playground in Fountain Park. Page 2 of 3 Prepared by: NA 10/6/2015 Director's Approval: NA 10/6/2015 App oved: ady E. Miller, Tow Hager 10/7/2015 Page 3 of 3 Harmony Musical Playground A coof.erati.e mart Meteen tRe Town of Fountain Mills, Four Peaks Rata. y Club, and he Fountain Rills Cultural s Civic Association Greening of Downtown Program The Location Center of Founta'M Park Playground Par The Musical Playground �'.. r gei 7%" I Many dimrcnt -Instrament c;pt1c;na The Benetiis Muz,ic by Itz vcry matwu 6 unlvc5al. The in3trument3 are a3cable by all and mak public 3vacc3 appealing. ENCOURAGES The in f, s of age, sender ethnidty, mobility, visual, auditory or mental ability. They ensure musical success from the ver -y fir, note. The ensemble is created so any combination of notes is pleasing. The instruments offer a unique play experience connezting people through creativity in an outdoor environment. EndurSement 'I mors posWmv mmsnM a o�ii tha muskmi playgi6UR ihor� c"?'6*k@ Pw* oduallY Pick up dw pl�an�aftar a mP ro � 109 mo, � nor wm ms grrriasi me+y vrp ifQVR warsaan 81 a park. vw Id9�R R V" vroid .... �sioa! pla+ .. old for Mr onm nwn9y,, p�7:f, t[rn!f a-19 ..y:w =Guy haYo o big sll�a tlratr iacs wlw,TY playtEts Irvmwrds Mws ara In rv�fxrkr, sad by 8arpvw: Rnfiareil i'arS;, vWras iil iN vIA= ASF flay must P io Roksy rrnM OM play nw mdnwmrihL` [1wM'. FM.,AUCbCro ry DVVkpWd Ondor Freenotes Harmony Park The Plan The Costs The area can accommodate up LU 12 mubical inbLrurnemb. Addidon of 18 treEb and pathwayb towards center of playground. Future Iocatiom fUr pobbible bencheb and additional landzcaping. RlmiGal Playgraand Equipment $44,000 (1/- instruments) • Installation $7,200 • Eanascaping $1 .200 (12,000 Square feet, 18 trzez) N Possible Objections • Money— Funds provided by private donations Orough the Four Peaks Rotary Club and the Greening of Downtown Program • Maintenance — Requires minimal mainter rai nc.e with only occasional cleaning - Noise — 90 decibels at source; less than 60 at 164 tt.; cluzest residences are 300 feet away ' ia- ma sE Exay d*mm vera am kids M there playing on 1 mW our r►hba3 a�sss Iha � if�'s Iia, noisy and thgr � iao. Sha sdtl die srrealy war attar and ploys &o A her son' BronFk+d ZWDMdW CAR&LOWUMMUdAM The Musical Playground A New Fountain ParR Attraction A Meeting Date: 10/15/2015 Agenda Type: Regular TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Staff Contact Information: Grady E. Miller, Town Manager Meeting Type: Regular Session Submitting Department: Administration Strategic Planning Goal: Not Applicable (NA) Operational Priority: Not Applicable (NA) REQUEST TO COUNCIL (Agenda Language): DISCUSSION and POSSIBLE APPROVAL OF TWO NEW SISTER CITY SIGNS AND THEIR LOCATIONS ON SHEA. Applicant: N/A Applicant Contact Information: N/A Property Location: N/A Related Ordinance, Policy or Guiding Principle: N/A Staff Summary (background): Back in February of this year, Ed Kehe from the Sister Cities Board approached the Town of Fountain Hills about the concept of switching out the existing sign located on Fountain Hills Blvd., and placing two new signs at the major entrances to the Town on Shea. As the attachments indicate, the new signs are very attractive and compliment similar signs that are located in the median on Shea. The signs are constructed of metal and meet the town and ADOT standards for signs. The eastbound sign is located near the scenic overlook area whereas the westbound sign is located near the wash just past Greulich's Auto Repair on Shea. The attached site plans illustrate what the new signs will look like at the proposed locations. Mr. Kehe and other board members worked with staff to ensure that the new signs and locations comply with town sign standards. The signs and installation will be paid by the Fountain Hills Sister Cities Corporation. Thereafter, the Town of Fountain Hills will be responsible for the maintenance and upkeep of the signs. After the signs are installed, the town plans to remove the existing sign on Fountain Hills Blvd. The Fountain Hills Sister Cities Corporation is seeking Council approval of the two signs and the proposed locations as well as the waiver of fees for the required permits not to exceed $1,000. Risk Analysis (options or alternatives with implications): N/A Fiscal Impact (initial and ongoing costs; budget status): N/A Budget Reference (page number): N/A Funding Source: NA If Multiple Funds utilized, list here: Page 1 of 2 Budgeted; if No, attach Budget Adjustment Form: NA Recommendation(s) by Board(s) or Commission(s): N/A Staff Recommendation(s): Staff recommends approval of the new signs and their locations on Shea. List Attachment(s): Proposed Concepts for Sister City Signs Site Plans Showing Proposed Locations of new Sister City Signs SUGGESTED MOTION (for Council use): MOVE TO APROVE TWO NEW SISTER CITY SIGNS AND THEIR LOCATIONS ON SHEA BLVD. AND CONSIDER WAIVING FEES FOR THE REQUIRED PERMITS NOT TO EXCEED $1,000. Prepared by: NA 10/6/2015 Director's Approval: Approved: Gra filler, T Hager 10/6/2015 Page 2 of 2 Sq. Tubes 5q. 5' -to Provide tube wall East Shea Location. Fauntom Halo thickness. 3stsrCnes �4" Ceep �' t =6i0 ♦ yrs kMl P: 5a Tu a "_�a_n �s, AZ c�3c9 to concrete ;��Compaated Earth k - Starr recommenas the use of high intensity retroreflective material ( background, symbols, and text) logos F flags 2" Sq The Ono (1).125 aluminum panel Provide Panted PM5 285c Blue measurement. Longer post may be necessary, based on a site visit, the bottom sign will not be visible due to the xisting guardrail I Fabricate s Install two (2) B/F pole signs; stocl structures w/.1:25 aluminum face panels, non -;Ruminated as Incicated. Copy on panels to be HP gloss white vinyl. Posts S embellshments to "Sq Tube _; be painted dark bronze. Logos i flogs to be digitolly-printed. f I. "Note: -HSC logo, flogs E countries copy are scanned moges; dawn ormark is requred prior to oroCuct:an. i :Mations show footing as oosed,to be too A. Increase size ing to 18 dia. 9 P sign 2631 N. 31 at Ave. Phoenix, AZ 85009 602-278.6286 royalslgn.nel 31 JU'- 15 R<P C1 A-* L= 2KD .,5/07 OF /Y 6 ,_ %NO/1yJO7 N/ 1Nj�y1S/!/'Od SON/W >^79i,�f'Od ONV -`ao��3�O.�N�✓�'�W sr' 03Si�Od 091 dT/OXY/Ndi/.L�1SOG �O H19N�7 7t�Nf7j1/001�'-0.977b'br3,�� SZN3W�d'/7S63kW- 1S�d�f�.f'-�l/J/J' ND/1 iY4s)07 S�/1/J a'�lf/.lf77/f��U%b1N/I0 41/170 X911S �- --` iveyv,8 >/ 7 VAIOaIX 1 � 7�71vbW 1v;q1j 011Of�' j � j _waw Q3^I�l�I N.�{�/� �Nda9if'lS��ID SHEA BLVD (EAST) SIGN LOCATION Map Date: 9-10-15 Sq. Tubes 5.a I `4 -Deep asurement. Provide tube Wall thickness. IShea West location Fo.ntair Hills -3eter Cites 16"20 N Aga -e Krol P. Fx— n :-'.III. +Z 25.69 Staff recommends the use of high intensity q retroreflective S.i�y ni material g� Dlgitally-printed[o EP.^.gs (background, 2831 N. 31 st Ave. symbols, and text) Phoenix, AZ 86009 602.2786286 toyalslgn.net ' q Tubo One (1).125 aluminum pore[ For.tod PM5 2850 Blue 31 JUL 15 IZP 15 2<P r: b r: c vc ra r✓a nt { nh CYur Zhtk ® gla�royoNigr.nn .. _ Fabricate f. Install two (2) S/F pole signs; 0-001 structures %V/.125 aluminum face panels, non-illuminCed as incicated. Copy or ponels to be HP gloss write vinyl. Pasts g embellshments to be painted dark bronze. Logos E. flags to be dlgitclly-printed. X "Note: FHSC logo, flags 5 countries copy are scanned images; Bran artwork is required prier to 1 production. 1. Use ADOT square tube post slip base ---�"� " Detail S3 for this " location (attached) Compacted earth is unacceptable. Change to Wind load calculations show the footing as Exterior proposed to be too small. Increase size footing to 18 -27 r. Y4 . poop ' 7. F. k � fir. •N�/ �..t� j�� � 1141 S Nti� sw <. TOWN OF FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT b J�VAIN A, v �O S y _ _ 9 '/'YhLf fY AY1�oP SISTER CITIES SHEA BLVD (WEST) SIGN LOCATION Please provide information as to how the sign will be constructed. If the contractor need to use the pavement section ( work from within the roadway?) then a traffic control plan will need to be submitted. Final sign location will be determined by staff, after the contractor calls AZ BLUESTAKE 131 141.) S 1 -IN `t '.• If IV At.• �1• Z $ � Jµ � :'1� . `.il+t Y!C�i1:. .. •s,SCALE 1' » 8D' Map Date: 9-10-15 Bottom Slip Base Plate V 0 f - o0 0 a� 0 Sign Post to be Installed on Slip Base per Manufacturer's Instructions Pre -assembled and Welded Anchor Concrete to Meet Finish Grade Ground Surface 3'x3" • '• T Gauge .• • • : Anchor Tube Anchor Tube May Protrude into the Ground below the Foundation FOUNDATION DETAILS Pre -assembled Slip Base Unit. Exact Configuration Varies. Contact Manufacturer on ADOT Approved Product List for Informatlon and Requirements. NOTES: I. All slip bases shall be pre -assembled by the manufacturer. The slip base shall be installed according to the manufacturer's instructions. 2e Anchor tube and bottom slTp base shall be welded together into a one-piece assembly installed in the foundation. e , o ° . ,c o, 0 ° a o i •a i 4 ° • p o a o • • e ° • • o Q Q Q 1> °. p • ° • O P-,:— Anchor \ SRA FFIC FL, OW Mn1LVnr• VGrlr r. TLn i yr 1 rn••ry7TVr%'7"W" _. 6/14 SIGNATURES 1NTERTRAFFIC SIGN PONGRTATION MARK NG DIVISION STANDARD DRAWINGS X SOUARE TUBE POST S-3 NOT TO SCALE ON RILE SLIP BASE DETAILS 10. 16 of 16 Meeting Date: 10/15/2015 Agenda Type: Regular TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Staff Contact Information: Grady E. Miller, Town Manager Meeting Type: Regular Session Submitting Department: Administration Strategic Planning Goal: Not Applicable (NA) Operational Priority: Not Applicable (NA) REQUEST TO COUNCIL (Agenda Language): DISCUSSION and POSSIBLE DIRECTION TO STAFF about the possibility of amending an ordinance addressing lighting standards and regulations for the Town of Fountain Hills. Applicant: N/A Applicant Contact Information: N/A Property Location: N/A Related Ordinance, Policy or Guiding Principle: N/A Staff Summary (background): This past summer, staff members were contacted by Joe Bill and Nancy Bill regarding the need to update the town's ordinance relating to lighting standards and regulations. Both Joe Bill and Nancy Bill headed up the Fountain Hills Dark Sky Committee and were interested in the town being more proactive in preserving the town's dark skies from light pollution. According to their research, there were a number of areas within the existing ordinance that needed to be updated due to changes in technologies such as LED and CFL lighting that had become more widely used in residential and commercial lighting applications. They also pointed out that preserving Fountain Hill's dark skies would help in promoting the town as a dark skies community. Development Services Director Paul Mood and Senior Planner Bob Rogers had an opportunity to review the draft ordinance provided to the town by the Fountain Hills Dark Sky Committee. They agreed that there were a number of areas within the existing ordinance that should be updated to take into account changes in the new technologies and consistency. As part of this initiative, I am requesting that the Mayor and Council provide direction on bringing back an amended ordinance with staff recommendations to the Town Council at a future date. This will enable staff to identify ordinance amendments posing potential conflicts with stated Council policies and objectives. Joe and Nancy Bill along with other Fountain Hills Dark Sky Committee members will be attending the October 15, 2015 Town Council meeting and will be able to answer questions regarding the dark skies initiative. Risk Analysis (options or alternatives with implications): N/A Fiscal Impact (initial and ongoing costs; budget status): Unknown at this time Budget Reference (page number): N/A Page 1 of 2 Funding Source: NA If Multiple Funds utilized, list here: Budgeted; if No, attach Budget Adjustment Form: NA Recommendation(s) by Board(s) or Commission(s): N/A Staff Recommendation(s): Staff recommends moving forward with the project. List Attachment(s): Dark Skies Proposal SUGGESTED MOTION (for council use): MOVE TO DIRECT THE TOWN MANAGER to bring back to the Town Council an amended ordinance with staff recommendations at a future Town Council meeting. Prepared by: NA 10/6/2015 Director's Approval: Ap roved: Grady Miller, Tofvn M ager 10/6/2015 Page 2 of 2 September 2015 Town Staff, Planning & Zoning Commissioners, Mayor and Town Council, Dark Sky designation is something you've likely heard about, and like us, you might have thought Fountain Hills was in fact a Dark Sky Community. Many call us a Dark Sky Community with our conservative lighting of streets and our sensitivity as a community to maintaining the beautiful view to the stars above. What you likely didn't know is that there are guidelines to follow to maintain a dark sky friendly community. The current zoning ordinance was fine for the past and protected our dark skies. Now it needs an update to account for new technologies like popular LED lighting. Most LED lighting is very damaging to dark skies, yet options exist to purchase LED lighting that is acceptable. We should update the ordinance to include guidelines for the new technologies and by doing so, we can gain a Dark Skies label which has additional benefits. Once the ordinance is updated we will assist with community education/awareness efforts. Following is our complete proposal, including a red -lined version of the current ordinance. Like you, we love Fountain Hills and are here to assist. Thank you. Fountain Hills Dark Sky Committee Nancy Bill, Chair Craig Gimbel Jerry Miles Ted Blank Paul McElligott Jay Schlum Joe Bill Jackie Miles Bob Wilson Designation of the Town of Fountain Hills as a Dark Sky Community p3iY ,."�'A�s�n?'�R1p5�ia Vc• iiYirS�y c�ti:l'�t,76�:i!P�'���1^. '.fte9�'lVlrl'n�,,:. FOVNTAIN HILLS 'f bar,lt Slt-q Committee Dark Sky Proposal SECTI®NS Section 1 (pp 3): Overview Section 2 (pp 4-5): Why is Dark Sky Designation Important to Fountain Hills Section 3 (pp 6): Supporting Letters Section 4 (pp 7): Summary of Changes to the Current Lighting Ordinance Section 5 (pp 8-9): Explanation of Correlated Color Temperature Section 6 (pp io-ii): Questions and Answers Section 7 (pp 12): Draft of Support Letter for Town Council Section 8 (pp 13): About the International Dark -Sky Association Section 9 (pp 14-17): Recent Articles in the AZ Republic and USA Today Section 10 (pp 18-28): Red -lined Version of Current Lighting Ordinance Section 11 (pp 29-37): Clean Version of Proposed Lighting Ordinance Page 2 of 37 SECTION ONE Overview Fountain Hills is unique for a number of reasons; its signature fountain, its geography and scenery, its small-town feel in the corner of a major metropolitan area, and its adjacency to parks, preserves, and national forest. But there is more. Unlike the rest of Maricopa County, our dark sky has so far been preserved. Virtually nowhere else in the area can you see the night sky and enjoy astronomical observations as well as you can in Fountain Hills. To live in a community and not be impacted by the glare of city lights is a major benefit resulting not only because of the surrounding open space and the shielding provided by the McDowell Mountains, but also because previous Town leaders, through their collective foresight, have already enacted a restrictive outdoor lighting ordinance. Unfortunately, our dark sky asset is in danger. The current lighting ordinance does not address emerging lighting technologies and has loopholes that can easily be exploited to the detriment of everyone. Bright white LED lights and no limits on lumen density per acre are just two examples that can create annoying glare, overlit areas, and a graying of our dark sky. For this reason, the Fountain Hills Dark Sky Committee was formed. The two goals established are: 1. Obtain Town Council support for updating the current lighting ordinance 2. Have Fountain Hills become designated as a Dark Sky Community Goal 2 can only be considered if Goal 1 is achieved; hence updating the ordinance is the initial focus. If that effort is successful, the committee will then, and only then, pursue Dark Sky designation to give Fountain Hills a prestigious certification that will give current and future residents the benefits delineated in the next section of this proposal. Page 3 of 37 SECTION TWO Why is Dark Sky Designation Important to Fountain Hills RECOGNITION Becoming designated as a Dark Sky Community is a significant achievement that is becoming more and more recognized internationally. The towns of Silver Cliff and Westcliffe, Colorado, which became certified this year, resulted in their recognition in a July article in USA Today. Sedona's certification received coverage in the Arizona Republic last August. With Fountain Hills being the first community in Maricopa County and the first this close to a major metropolitan area to potentially be certified, news coverage is almost guaranteed and the uniqueness of Fountain Hills will be further established. Below are the links to the two articles mentioned above: http://www.usatoday.com/story/news/nation/2015/07/03/dark-sky-parks-night-sk -- natural-brdiges/29228115/ http://www.azcentra1.com/story/travel/road-trips/2014/08/05/sedona-dark-sky-stars- astronomy/13638487/ Note: The printed versions of these articles (minus the photos) are included in Section Nine. PRESERVATION Fountain Hills is fortunate to have the darkest sky of any community near a major metropolitan area. We are shielded from the Phoenix metro nightglow by the McDowell Mountains on our west, the Salt River Pima-Maricopa Indian Community on our south, the McDowell Mountain Regional Park on our north, and the Fort McDowell Yavapai Nation and Tonto National Forest on our east. In addition, many of our early community leaders pursued conservative, common sense lighting ordinances that were ahead of their time. Becoming a Dark Sky Community sets us on a path to preserve our beautiful night skies for present and future generations. Page 4 of 37 ATTRACTION Viewing the nightscape from Fountain Hills, or any dark location, is a magical experience of unparalleled beauty and awe. It deserves protection so that far into the future, both residents and visitors can continue to enjoy it. With certification, this "eco -tourism" can become an important part of the Town's economic success. The recently formed Fountain Hills Astronomy Club co-founded by Ted Blank already has over 200 members and has begun to offer talks, viewing nights, and other programs related to astronomy. This has attracted people from beyond Fountain Hills and will only increase as the program matures and people become aware of our Town being a Dark Sky Community. As part of growing an interest in astronomy, Dr. Craig Gimbel, after moving from the "starless" skies of New Jersey to Fountain Hills, recently donated three quality telescopes that can be checked out from our library. As a result, the Fountain Hills Library now has one of the largest collections of advanced telescopes of any public library. Besides being available for check-out, the library uses them for the frequent Star Parties that it sponsors for the enjoyment of our citizens of Fountain Hills. This is a wonderful and rare benefit that will bring people to Fountain Hills to enjoy this opportunity. Interest in astronomy is not new to Fountain Hills. How many in our community know there is an asteroid called "Fountain Hills?" Credit for this goes to Charles W. Juels, an amateur astronomer who resided in Fountain Hills. He was a prolific discoverer of 475 asteroids and he discovered the "Fountain Hills" asteroid in November 2000. Charles was also one of the top 30 discoverers of minor planets with 315 to his credit, using his observatory right here in Fountain Hills. This would not have been possible if our community had "sky -glow" light -polluted skies. Lastly, the Fountain Hills Astronomy Club is working with the Historical Society and like-minded citizens toward the establishment of a public observatory near the River of Time Museum and library. If built, the telescope used by Charles W. Juels has been promised to this facility. The plan will be to capitalize on our dark sky designation and attract people from throughout the region to the programs planned for this observatory. CONSERVATION Light pollution not only blocks our view of the night sky, but it is also a waste of energy resources. By having ordinances that require lighting to be shielded, only the area needing light for safety or other reasons needs to be lit. Unshielded light directed upward is wasteful and not helpful. Fortunately, Fountain Hills already has the requirement that outdoor lights be shielded. Page 5 of 37 SECTION THREE Supporting Letters 11supporting Letter from former mayors, Jerry Miles and Jay Schlum We have become aware that, through relatively minor amendments to Chapter 8 of our Town Zoning Code pertaining to outdoor lighting control, the Town of Fountain Hills may qualify as a "Dark Skies" community pursuant to the International Dark -Sky Association, headquartered in Tucson, which is dedicated to reducing outdoor light pollution. Such a designation would provide one more step in our objective to make our community a desirable location for new residents and new businesses. If we receive such a designation we would become the only Dark Sky Community in Maricopa County. We would join the Arizona towns/cities of Sedona and Flagstaff who have sought and obtained such a designation. The changes, substantially all technical reworkings of our current outdoor lighting ordinance, are designed to reflect modifications in the types of lighting permitted in yards and on the outside of homes or other buildings in our community. New light bulb technology and types of lighting are providing new standards in lighting. For the most part, it would have no retroactive impact on existing homes or developments. We understand that the Historical Society and its L. Alan Cruikshank River of Time Museum are contemplating the future construction of a public observatory in Fountain Hills. The Dark Skies designation would be virtually indispensable for such a project. [Supporting Letter from Ted Blank Co -Founder Fountain Hills Astronomy Club As a result of the foresight of previous administrations and the support of the people of Fountain Hills, our town is blessed with some of the darkest skies of any community this close to a major metropolitan area. Our dark skies are a resource that we may pass down to our children and to future residents of Fountain Hills, but only if we are vigilant about maintaining them, since once gone they cannot be recovered. Our dark skies provide another reason to distinguish Fountain Hills as a destination town. New technologies like LED lighting are changing the game. Their attractive economics are well publicized, but their deleterious effects on the night sky are not as well known. LEDs are rich in light at the blue end of the spectrum, and it is well-established science that blue light is much more strongly scattered by the atmosphere than other colors. This results in "discomfort glare" (which affects drivers', and especially older drivers', ability to see the road) and sky -glow (which pollutes and hides the night sky.) Currently, the Fountain Hills sky is relatively unpolluted by light in the blue portion of the spectrum, but dumping large amounts of blue light into the atmosphere would increase sky glow and reduce the effectiveness of astronomical observatories. (As is well known, both Flagstaff and Tucson have taken extraordinary measures to control light pollution.) Warmer lighting or "reduced -blue" LEDs are one key to minimizing the effects of this new technology on our community. Another is limiting the total amount of light permitted per acre, and a third is controlling "light trespass" of unwanted light onto neighboring properties. Together, these three can control and guide development in a way that protects our night skies from being overwhelmed by man-made lighting. Page 6 of 37 SECTION FOUR Summary of Changes to the Current Lighting Ordinance While Section Ten is a red -lined version of the current lighting ordinance showing all the modifications proposed, this section summarizes the actual effect of the changes. Important elements of current ordinance that are NOT changed: Since our current ordinance already promotes dark skies, far fewer changes are needed compared to other communities that have gone through this process. For example: 1. No changes are needed regarding the intensity of individual lights. 2. No change is needed regarding the requirement that lighting is to be shielded. In addition, no changes are required for existing fixtures that do not conform to the proposed ordinance. (Section 8.05.A - Nonconforming Fixtures - has not changed.) Primary changes to current ordinance: 1. LUMENS: The proposed ordinance uses lumens rather than watts to define the light intensity limits. Lumens defines the intensity of light emitted while watts designates the amount of power used. This is important as new lighting technologies emerge. The lumens allowed are consistent with the lumens allowed under current policy. 2. CCT: A maximum correlated color temperature (CCT) is specified. The current ordinance already suggests this guideline under B-2 with the statement: "Warm white and natural lamps are preferred to minimize detrimental effects." The intent is to minimize lighting that emits light focused on the blue end of the color spectrum. Unfiltered LED lights are the worst offenders for obscuring vision of the night sky because of how blue light scatters in the atmosphere. Incandescent light is okay. Warm white fluorescent is okay. Cool white fluorescent and certainly unfiltered LEDs are not recommended. See the next section (Section Five) for further explanation of correlated color temperature. 3. LIGHT DENSITY: Current policy limits the intensity of individual fixtures, but does not limit the total light output in a given area. This loophole is closed by specifying maximum lumens per acre in commercial and multi -family residential areas. Page 7 of 37 SECTION FIVE Explanation of Correlated Color Temperature CORRELATED COLOR TEMPERATURE To address the available new lighting technologies in the proposed lighting ordinance, an upper limit to the color temperature of the lighting source is specified as 3000 K (Kelvin) in Section 8.03 B-1 of the proposed ordinance. Basically, this specifies that light sources should emit light primarily from the warmer end of the color spectrum. From the chart below, you can see that for example, any incandescent light meets the guideline, as does warm white fluorescent and warm white (filtered) LED. However, cool white fluorescent and particularly cool white (unfiltered) LED, do not. The primary reason for limiting the color temperature of bulbs is that light that is mostly blue or bright white is the primary cause of light pollution and glare because those wavelengths generate much more light scattering in the atmosphere. NorthligWffluesky 8500k 8000k 7500k NflO k 65ltlk 6C410 5500k High :anrsn 5000k 45001; 41MO . 3ROOk 3000 I; 2 4500 k ,1 'I11 -U 2COOk 1 ',,(J0 is WARMER Page 8 of 37 I white LED luntilkmedj aral white metal halide C Iuar metal halide Natural white LED Gaal vAite Ifluorescent Halogen rm metal halide 'NVenn white lh a resc ent Warm white LED idilleredl (n�Caa�d��Caltt High ,pressure sodium 0— Low pressure sodium THE PROBLEM Light scattering caused by blue and bright white lights Even fully shielded fixtures that emit blue or bright white light cannot stop "Rayleigh Scattering," which uncontrollably brightens the night sky. Blue Light High color tempera- ture light (blue and bright white) escapes via scattering in the atmosphere resulting in brighter sky at night everywhere. Red W Light long wavelengths THE SOLUTION Shielded fixtures or light intensity below maximum lumens allowed AND light sources emitting at color temperatures below 3000K, which means no blue and bright white lights. Page 9 of 37 SECTION SIX Questions and Answers 1. Should the Town update the current ordinance even if it isn't feasible for Fountain Hills to immediately apply to IDA to become a Dark Sky Community? Most certainly, yes. It is still important to protect our dark skies, which is a unique quality -of -life feature given our proximity to a large metropolitan area. The only way to protect this asset is to update our ordinance to address the changes in lighting technology which are known to be detrimental to dark skies. Furthermore, it is only possible for Fountain Hills to become a Dark Sky Community if it first updates the current ordinance. 2. To become a Dark Sky Community, the town property lighting would need to comply with the new ordinance within a 5 -year timeframe. What would be the cost to the town to come into compliance? The Dark Sky Committee along with volunteers will take on the task of surveying the Town property to determine the changes needed in order to comply. Once this is accomplished, the magnitude of the cost will be better known. 3. What would be the added effort needed to enforce the new ordinance? The Town wishes to minimize involvement with neighborhood disputes. The Town's level of enforcement would not increase because there are no enforcement -related changes to residential outdoor lighting in the new ordinance. 4. Would the Town be burdened with the cost and effort needed to prepare annual reports for IDA if it becomes a Dark Sky Community? No. The Dark Sky Committee and the Fountain Hills Astronomy Club is committed to taking on this responsibility. 5. Will opening up this issue create a rift in the Town population, i.e., those who want dark skies and those who want more lighting? Most of the Town's citizens have become accustomed to having dark skies and would support the Town's efforts to keep and protect this valuable resource. In fact, high CCT lamps, which are allowed by our current ordinance, not only overlight our skies but also have been met with complaints. For those who want more lighting, the key to this issue is education and awareness, which the Dark Sky Committee and FH Astronomy Club will actively pursue with events and educational materials. In no way is the Dark Sky Committee advocating no or inadequate lighting. Rather, it is smarter lighting that's being advocated, i.e., lighting in the amber color range (CCT of 3000K or below) and the right density per acre of lighting. Also, it will need to be emphasized that the new ordinance proposes no changes in the intensity of Page 10 of 37 individual bulbs and shielding requirements, a fortunate fact that puts Fountain Hills way ahead of other communities seeking a Dark Sky designation. 6. Will there be a possible negative effect on town development - businesses are already asking for more lighting along the Avenue of The Fountains to make it more of a "vibrant" Town Center? No. With the right kind of lighting, the Town Center can have a "vibrant" look without polluting the night sky. One only has to visit Sedona or Flagstaff to witness how this can be done. Also, Tucson has made great strides in attempting to conform to dark sky guidelines. 7. Will inadequate lighting increase the risk of Town liability for not enough lighting? No. The change to the current ordinance is minimal. Furthermore, the Town can override the ordinance at any time because the following is written into the proposed ordinance in Section 8.03 E. 1. a.: "When new publicly -owned buildings and other facilities are constructed, or new public rights-of-way are established, the installation of new outdoor lighting fixtures shall be allowed only when (1) a specific need related to a hazardous nighttime situation is identified by the Town and (2) lighting is deemed necessary as a matter of ensuring public safety." S. Will there be a learning curve for the Town population? Yes, but the Dark Sky Committee and the FH Astronomy Club plan to coordinate public awareness events to inform residents of what being a Dark Sky Community means. 9. Will the new ordinance affect the lighting of the fountain or restrict holiday lighting for the Town or individuals? No. Lighting controlled by timers or used for special events, such as the lighting of the fountain, ball fields, etc. is not affected by the new ordinance. Also, the new ordinance contains a clause exempting holiday lighting from Thanksgiving to January 15. 10. One of the criteria for becoming a Dark Sky Community is to document ten projects that comply with the new ordinance. Who will perform the documentation of the ten projects? Do we have to wait for ten completely new projects to be approved to qualify? First, the Dark Sky Committee will take on the responsibility of documenting the ten projects. Second, per John Barentine, IDA, any projects approved or constructed over the past year or two under the old ordinance but meeting the proposed updates of the new ordinance would be acceptable. Page 11 of 37 SECTION SEVEN Draft of Support Letter for Town Council After the ordinance is updated and other requirements are met, a letter such as this will be included in the application packet sent to the International Dark Sky Association. o�aiNy��s Town of Fountain Hills 16705 E. Avenue of the Fountains * Fountain Hills, AZ 85268 Phone: 480-816-5151 * Website: www.fh.az.gov Supporting Nomination Mayor and Council Members International Dark -Sky Association 3223 N. First Avenue Tucson, Arizona 85719 To Whom It May Concern: We support the nomination of the Town of Fountain Hills, AZ to be designated as the first Dark Sky Community in the Phoenix metro area. We have recently modified our lighting ordinance to conform with the requirements of the International Dark -Sky Association and will work diligently to minimize light pollution and protect the valuable resource of our star -filled, night skies. Virtually no other community in the Phoenix area is as well-positioned to pursue the Dark Sky designation as is Fountain Hills. We are shielded from the Phoenix metro nightglow by the McDowell Mountains on our west, the Salt River Pima-Maricopa Indian Community on our south, the McDowell Mountain Regional Park on our north, and the Fort McDowell Yavapai Nation and Tonto National Forest on our east. In addition, many of our early community leaders pursued conservative, common sense lighting ordinances that were ahead of their time. As a result, the needed changes to our current lighting ordinance were minimal. Viewing the nightscape from Fountain Hills, or any dark location, is a magical experience of unparalleled beauty and awe. It deserves protection so that far into the future, both residents and visitors can continue to enjoy it. With certification, this "eco -tourism" can become an important part of the Town's economic success. Already, our local astronomy club with over 200 members has sponsored programs, talks, and viewing nights to introduce the night sky to both residents and non- residents of Fountain Hills. One of their members has even donated three high quality telescopes that can be checked out from our local library. We support the designation of the Town of Fountain Hills as a Dark Sky Community and look forward to joining the other far-sighted communities that have already been awarded this designation. Sincerely, Linda Kavanagh, Mayor Dennis Brown, Vice Mayor Cassie Hansen, Council Member Alan Magazine, Council Member Nick De Porter, Council Member Henry Leger, Council Member Cecil Yates, Council Member Page 12 of 37 SECTION EIGHT About the International Dark -Sky Association (IDA) Excerpted from IDA Website IDA is the recognized authority on light pollution. Founded in 1988, IDA is the first organization to call attention to the hazards of light pollution, and in 24 years of operation our accomplishments have been tremendous. We promote one simple idea: light what you need, when you need it. We know some light at night is necessary for safety and recreation. We work with manufacturers, planners, legislators, and citizens to provide energy efficient options that direct the light where you want it to go, not uselessly up into the sky. Our approach of public awareness and extensive partnerships is improving nighttime lighting on six continents. IDA acts on numerous issues to create a platform as expansive as the sky itself. Achievements include: Protection of natural nights IDA offers support in crafting ordinances. IDA members are directly responsible for initiating numerous state, local, even national lighting ordinances. Recent victories include statewide ordinances in Hawaii, USA; New Hampshire, USA; and national legislation in Italy. A comprehensive guide to creating an effective ordinance is under construction and will soon be available. IDA's International Dark Sky Places conservation program ensures starry spaces for future generations. Designations for Parks, Preserves, Communities, and Developments of Distinction create dark sites in urban, suburban, rural, and wild spaces. IDS Places often capitalize on sustainable tourism due to their stunning— and protected—starry night skies. Energy reduction through quality outdoor lighting 22% of all energy generated in the U.S. is used for lighting, with 8% of that used for public outdoor lighting. IDA opened an Office of Public Policy and Government Affairs in Washington, DC in 2009 to inform lawmakers and lobbyists on energy efficiency in outdoor lighting and promote research and adoption of energy saving measures. IDA's Fixture Seal of Approval program offers a third party rating system to determine the sky friendliness of lighting fixtures based on photometric readings. IDA then works directly with approved manufacturers to promote energy efficient, fully shielded lighting that protects the night sky—and your neighborhood's view of the stars! 100 manufacturers offer over 300 types of IDA approved fixtures (over 1000 total selection), and membership in this popular program grows every year. More information available at: www.darksky.org Page 13 of 37 SECTION NINE Recent Articles in the AZ Republic and USA Today Sedona earns Dark Sky designation lRon Dungan, The Republic I azcentral.com 11:51 a.m. MST August 6, 2014 Link to this article: http://www.azcentral.com/story/travel/road-trips/2014/08/05/sedona- dark-sky-stars-astronomy/13638487/ The International Dark -Sky Association has named Sedona to a short, prestigious list of cities where you can actually see the stars at night. Sedona, known for its red -rock scenery, joins Flagstaff as one of just eight communities in the world to be named an International Dark Sky Community. The designation may help boost tourism, said Joanne Kendrick of Keep Sedona Beautiful. "Our feet have not touched the floor, we are just so excited," Kendrick said. The city took began looking at ways to reduce light pollution about 15 years ago, and recently found grant money to help businesses comply with a local dark -sky ordinance. Keep Sedona Beautiful helped coordinate the efforts and is working with nearby communities to help them improve night -sky ordinances. Flagstaff's street lights, which were specially made to keep the skies dark at night, are outdated and in disrepair. Now the first International Dark -Sky City is trying to make sure it stays that way. In March, Grand Canyon-Parashant National Monument, a remote park in northern Arizona, received dark -sky status. Only 17 parks worldwide have earned that recognition. "We keep the bar set pretty high. That's the reason there aren't thousands of them," said John Barentine of the International Dark -Sky Association, based in Tucson. The group works to get broad support for light ordinances and establish good relations with communities to ensure the effort is ongoing. "We want to be sure that this will be carried many years into the future." Barentine said. Light pollution has been linked to changes in animal behavior and other environmental problems. Barentine said that any city, no matter what size, can improve its night skies. "We think that the solutions are simple, and that first people just have know that there's a problem to address," he said. Page 14 of 37 USA 41 TODAY A GANNETT COMPANY © 2015 USA TODAY, a division of Gannett Satellite Information Network, Inc. Link to this article: http://www.usatoday.com/story/news/nation/2015/07/03/dark-sky- parks-night-sky-natural-brdiges/29228115/ 6,000 visible stars light up America's 'dark sky' parks Trevor Hughes : July 3, 2015 BLANDING, Utah — Staring at the rings of Saturn through a telescope in the dark Utah desert, I'm struck by how much the planet resembles textbook pictures I've seen. And then I realize: No, the textbooks resemble the actual planet I'm staring at. Crickets chirp in the warm darkness as I consider this, and I discover I'm not the only one struck by the glory of the night sky splashed above us. "Oh my god it looks fake," says Emily Gosnell as she peers through the telescope. "I wasn't expecting to see that. It's pretty phenomenal." Gosnell, her husband and about a dozen other people are here in the middle of the Utah desert at Natural Bridges National Monument to see something few Americans will ever witness: a truly dark sky. Natural Bridges is one of the darkest places in the lower 48 states, with no exterior light sources for 40 miles in any direction. Here, when the sun sets, the Milky Way rises. It's a view our ancestors had nightly. But now it's a view few of us will ever see. Most Americans see only a few stars. East of the Mississippi, it's pretty hard for anyone to see the Milky Way. In New York City, residents on a clear night may only ever see 10 stars. At Natural Bridges and other dark sky areas, you can see more than 6,000 individual stars. Natural Bridges was designated the country's first International Dark Skies Park in 2007, and there's only 23 others around the world, including Mount Hovenweep, on the Utah - Colorado border about 120 miles east of Natural Bridges, and Capitol Reef National Park, about 140 miles northwest. It's no coincidence many of America's dark skies spread overhead the West, where most of the rugged terrain is owned by the federal government, and little development marks the ground or shines into the sky. Not just parks are recognized for having dark skies. In mountainous central Colorado, the adjacent mining towns of Silver Cliff and Westcliffe were in March named the state's first International Dark Sky Community by the International Dark -Sky Association in Tucson. There's only six other Dark Sky communities in the United States. Page 15 of 37 'CONNECTION WITH THE NIGHT SKY' Amateur astronomer Jim Bradburn says he worries kids are losing connection with the night sky, and the stars, planets and constellations that for virtually all of human existence have shaped harvest cycles, inspired religion and guided travelers. In the modern world, the sun dominates so much of our lives because we rarely see the stars. "All of the civilizations in the world have had this tremendous connection with the night sky. That's all lost," Bradburn said. "And that's important as part of our humanity -- to know where we are on this ball spinning through the sky." Bradburn, an architect who designed Denver International Airport's iconic "tent" terminal building, helped spearhead the Silver Cliff/Westcliffe dark sky designation. He sees the area's dark night skies as a natural feature akin to the towering mountain ranges that shield the Wet Mountain Valley from the metropolitan lights of Denver and Colorado Springs. HOW TO SHOOT IT While it's a true wonder to experience a truly dark sky, seeing it is only half of the fun. The other half, of course, is showcasing the wonder of the stars through photographs and video. Getting those photos is pretty simple these days -- you'll need a camera that can shoot long exposures (often called "bulb" mode), along with a tripod to keep it steady while the shutter is open. Digital cameras with LCD display screens make night shots much easier than in the past: Experiment with shutter speeds and see the results immediately. And GoPro and other action cameras can also shine in the dark, with the ability to create stunning nightlong time -lapses with little effort. (Pro tip: attach a backup battery to your time-lapse camera so you don't have to worry about it running flat as the Milky Way rotates above.) Don't be disappointed with your first take, either. It can take hours of shooting to get a few sharp frames, depending on your experience. And there's no way to speed up the process of taking night -lapse videos, since you need to leave the camera on for hours to capture the dark sky moving above. At Natural Bridges, I camped out and then rode my bike in the dark to Owachomo Bridge, which is the closest of the three monument's spans to the road. I wasn't alone. At least four other people were already crouched on the sandy ground around the rock -paved trail, shooting time -lapses and long exposures. We discussed our equipment in whispers that echoed loud against the rock walls of the canyon, and stumbled our way around by the light of red headlamps, used to maintain our night vision. The bridge makes frequent appearances in night -sky photography because it provides a dark, solid foreground with which to contrast the bright, moving stars. BRINGING BACK DARK SKIES Most of us rarely spend any time in natural darkness. But that's actually a recent change. As the Western world electrified, street lights shoved back the dark. We installed them for safety, for security, to show off that we controlled the natural environment. Page 16 of 37 Today, a small chorus of voices asks that we reconsider our decision to down out the night. "It was a common human experience for hundreds of thousands of years and now we're cut off from that," said John Barentine, a program manager with International Dark Sky Places Program of the International Dark -Sky Association Darkness, he says, "draws an immediate connection to a time in human history that's basically over." The association works with communities, parks and homeowners to reduce unwanted light pollution. All of those streetlights you see from above when you're flying across the country are basically wasting their energy pouring photons up and out. The association helps people design lighting plans that put brightness where it's wanted, and block it from shining up pointlessly. Natural Bridges, for instance, has only a few outside lights. They point sharply down and emit nothing above. It helps the park maintain its dark skies while also reducing energy levels to the point where a field of solar panels keeps things running. "Light pollution is just dollars going up into the sky," Barentine said. "It says something about us that we can just waste all of this energy." On my trip to shoot these photos, I shot in both Natural Bridges and at Canyon of the Ancients. Canyon of the Ancients isn't a formally recognized dark sky park, but in some cases it's literally on the other side of a dirt road from Hovenweep, which is. The difference comes because while the better -funded National Park Service runs Hovenweep, the Bureau of Land Management oversees Canyon of the Ancients. The National Park Service has recently begun emphasizing its dark sky offerings and has several dark -sky certification proposals pending approval from Barentine's association. At Hovenweep, the trails leading to historic pueblo ruins are closed at night. Dark -sky photography outside the monument's small campground requires advance approval and an escort from a ranger. Canyon of the Ancients, however, has no such restrictions. Visitors are free to camp elsewhere in the monument and then walk, drive or bike into the trail leading to the Painted Hand Pueblo, a ruined tower jutting off a cliff. Once likely home to a small family, the tower offers a great contrast to the night sky. Just don't get too close, because even the oils in your hands could mar the 800 -year-old structure. I saw no one else for more than 12 hours, and the only signs of civilization I saw were the crumbling pueblo and a cell phone tower blinking some 30 miles away. Instead, I was treated to the immensity of the Milky Way swirling above me. It put a lot of things into perspective, particularly just how small and insignificant we are on a galactic scale. And it left me with an absolute desire to know more about that final frontier on display above me. Page 17 of 37 SECTION TEN Red -lined Version of Current Lighting Ordinance Town of Fountain Hills Zoning Ordinance Chapter 8 OUTDOOR LIGHTING CONTROL Sections 8.01 Administration. 8.02 Definitions. 8.03 General Requirements. 8.04 Prohibitions. 8.05 Permanent and Temporary Exemptions. 8.06 Procedures for Compliance. Page 18 of 37 Section 8.01 Administration A. Purpose: It is the intent of this code to require lighting practices and systems that minimize light pollution, glare, and light trespass, and conserve energy while maintaining adequate light for nighttime safety, utility, security and productivity. Good modern lighting practices can achieve these goals and at the same time preserve the scenic view of the night sky, minimize lighting that would have a detrimental effect on astronomical observations, and prevent lighting that would be offensive to neighboring and near -by properties. This chapteF is intended te B. Conformance with Applicable Code Provisions: All outdoor artificial illuminating devices shall be installed in conformance with the provisions of this article, any other applicable provisions of the zoning ordinance of the Town of Fountain Hills and any building ordinances of the Town of Fountain Hills, which may hereafter be enacted, as applicable. Where any provisions of any of the Arizona state statutes or of the federal law, or any companion ordinance comparatively conflicts with the requirements of this chapter, the more restrictive shall govern. C. Approved Material and Methods of Installation: The provisions of this chapter are not intended to prevent the use of any material or method of installation not specifically prescribed by this chapter, provided any such alternate has been approved in writing by the Town of Fountain Hills Development Services Director upon a finding that the proposed design, material or method: 1. Provides approximate equivalence to the applicable requirements of this chapter; or 2. Is otherwise satisfactory and complies with the intent of this chapter. Section 8.02 Definitions For purposes of this chapter, the following terms shall have the following definitions: Adaptive Controls: Devices such as motion sensors, timers and dimmers used in concert with outdoor lighting equipment to vary the intensity or duration of operation of lighting. Correlated Color Temperature (CCT): The temperature, in Kelvin, of a black body whose spectrum approximates the spectral power distribution of a given Page 19 of 37 light source. Correlated color temperature is a measure of the quality of 'warmness" or "coolness" of a lamp. (Sample lamp spec: CCT = 3000K) Fully Shielded: Means the fixture shall be shielded so that light rays emitted by the fixture, either directly from the lamp or indirectly from the fixture, are projected only below a horizontal plane running through the lowest point on the fixture where light is emitted or reflected. Individual: Any private individual, tenant, lessee, owner or any commercial entity including, but not limited to, companies, partnerships, joint ventures or corporations. Initial Lumens: The lumens rating of a lamp when new, not including any age- related depreciation of light output. Installed: An initial installation of outdoor light fixtures on or after the effective date of this chapter. Lumen: The SI (International System of Units) unit of light output. A lumen is approximately the amount of light that falls on a one -square -foot surface 1 foot away from a candle flame. Lumimary-. Luminaire: A body that gives light. Nit: A measure of luminous intensity per unit area. One nit is equivalent to one candela per square meter. (A candela is an SI base unit of luminous intensity approximately equal to the luminous intensity emitted by one common candle.) Partially Shielded: Means the fixture shall be shielded so that the bottom edge of the shield is below the plane centerline of the light source (lamp), minimizing the emission of light above the horizontal plane. Outdoor Light Fixtures: Outdoor artificial illuminating devices, outdoor fixtures, lamps and other devices, permanent or portable, used for illumination or advertisement. Such devices shall include, but are not limited to, search, spot or floodlights for: 1. Buildings and structures 2. Recreation areas 3. Parking lot lighting 4. Landscape lighting 5. Billboards and other signage (advertising or other) 6. Street lighting Page 20 of 37 Section 8.03 General Requirements A. Shielding And Filtration: 1. All eutdeeF light fixtuFes, except these exempt fFeng this ehapter, shall be fully er paFtially shielded as FequiFed in SeetieR 8.03T -B7 Irrespective of lamp type, all outdoor light fixtures whose light output is greater than 2250 initial lumens shall be fully shielded and fixtures whose light output ranges from 1125 to 2250 initial lumens shall be partially or fully shielded. The following table gives the equivalent wattages for common lamp types. Note: Wattage equivalents can vary somewhat depending on manufacturer and bulb efficiency. Approximate Watts for Specified Lumens Fixture Lamp Type 2250 lumens 1125 lumens Incandescent 150 75 Low-pressure sodium 15 7.5 High-pressure sodium 20 10 Metal halide 25 12.5 Fluorescent (tube) 38 19 LED 25-50 13-25 Compact Fluorescent (CFL) 38 19 Quartz Halogen 112 56 2. Feplaced E)F be eqt�ipped with a filter whese tFaRsffiissien is less than ten (10) peFeent total emeFgent €e i -h-,+- between ems—thousa flux at wavelengths . " nd seven less than feFty­ " is defined as theusand (7000) Page 21 of 37 Lew pFessHFe sed;Hm Partially Neige High pFessuFe „a;, r., RA -y Norge Meta' hat4e Fu" *es clHeresee t Fu" Yes QuartF Fu" \Ne�Ne T..-_.,.-7..__-Rt J --atter than i SO _ CSIy Ni7Re one lFicandeseent 75w to ISC)w f�.�,t., I' T Gempaet CIS nt l8•. to 52w Paftial-ly nTZ�,s ,, ineandeseef9t less than 75w Nene Gen9paet FlueFeseent Less than l8w Nene Yes Fessi' fHei Nene Nene Gass tubes filled with neon, argon, ard None Nene -2.-Metal halide lamps 4 -be in e1Telesedluminaries.See alse JCCLTDR o nn L= ._•. Miirw-RI NEWMa:A MWO Al. 0O at.ME MMNX�iw�t.�w1:��iRwA►:�it�A.Lift 1 Page 22 of 37 B. Correlated Color Temperature (CCT): 1. In order to minimize the detrimental effects of blue light, the Correlated Color Temperature (CCT) of any outdoor lighting fixture shall not exceed 3000K. However, fixtures with a higher CCT that are appropriately blue -filtered are acceptable. C. Light Trespass: 1. All lighting on a property shall be sufficiently shielded and aimed such that direct glare from the light emitting and/or reflecting parts of a luminaire onto any other property is minimized to the extent reasonably possible. D. Lumen Density Caps: 1. Unshielded lighting on a property shall not exceed: a. 50,000 lumens per net acre in commercial districts (Zones C, IND and Q b. 20,000 lumens per net acre in multi -family districts (Zones R1) 2. To prevent over -lighting, the total amount of lighting on a property, both shielded and unshielded, shall not exceed: a. 100,000 lumens per net acre in commercial districts (Zones C, IND and Q b. 50,000 lumens per net acre in multi -family districts (Zones R1) 3. The caps defined in D.1 and D.2 above are not intended as design goals. Instead, design goals should be the lowest level of lumens necessary to meet the lighting requirements of the site. 4. Outdoor lighting for single-family residential uses is not subject to a lumens per net acre cap, but is subject to lamp fixture and shielding requirements. E. Municipally Owned Lighting: 1. All outdoor lighting owned by the Town of Fountain Hills shall adhere to the following requirements: Page 23 of 37 a. When new publicly -owned buildings and other facilities are constructed, or new public rights-of-way are established, the installation of new outdoor lighting fixtures shall be allowed only when (1) a specific need related to a hazardous nighttime situation is identified by the Town and (2) lighting is deemed necessary as a matter of ensuring public safety. b. When existing, publicly owned buildings, other facilities and public rights-of-way are modified by physical alterations and/or by a change of use, the installation of new outdoor lighting fixtures beyond existing installations shall be allowed only when (1) a specific need related to a hazardous nighttime situation is identified by the Town and (2) lighting is deemed necessary as a matter of ensuring public safety. c. With the establishment of any new subdivision development where street rights-of-way will be dedicated to the Town, the Town shall not allow the installation of streetlights. However, in cases where it is determined that street lighting is deemed necessary in public rights-of- way for safety of pedestrians, bicyclists and/or motorists, the installation of street lighting shall be permitted. All lighting so installed shall be fully shielded, meet correlated color temperature requirements, make use of appropriate adaptive controls, and be subject to curfews as directed by the Town Council. F. LED Signs / Electronic Message Displays 1. LED signs (also known as electronic message renters, digital displays, reader boards, etc.) shall not exceed the maximum lumination level of 100 nits from sunset to sunrise. 2. Signs shall be required to be equipped with photo cell sensors that are factory locked to dim the sign to an appropriate light level during daylight hours. The photo cell sensors shall also dim the sign at night to the required nit level as stated in this section. An affidavit from the manufacturer attesting to the brightness level shall be submitted with the sign permit application. 3. The electronic message center portion of the sign shall not have a white background and shall be turned off when the business activities cease. Signs shall include timers that will automatically turn off the digital display. 4. Signs located within or adjacent to residential zoning districts that directly shine onto residences, shall be turned off between the hours of 10:00 p.m. and sunrise. Page 24 of 37 5. Signs must also conform with 6.08.CC in the Town's Sign Regulations Ordinance. G. Seasonal Lighting Decorations 1. Seasonal lighting decorations, permitted between Thanksgiving and January 15, are riot subject to 8.03 requirements. However, it is encouraged that holiday lighting in residential neighborhoods be minimized after 11:00 p.m. Section 8.04 Prohibitions A. Searchlights: The operation of searchlights for advertising purposes is prohibited. B. Recreational Facilities: No outdoor recreational facility, public or private, shall be illuminated by nonconforming means after 11:00 P.M. except to conclude a specific recreational, sporting or other activity that began prior to 10:00 P.M. Recreational facility lighting shall make appropriate use of adaptive controls when possible to comply with this curfew requirement. C. Outdoor Building or Landscaping Illumination: The—unshielQed landscaping, __ feF any ethef ess than seventy five (7.5', watts E)F with cempact flUeFeseent fixtuFes dFawing F -P thpp PiPhteen 110" watts. The eembined eutdeeF unshielded lighting eig-�� (18) watts when using eempact flueF seent fixtuFes r 125 initial lumens vv�zi ri'shall be se The unshielded outdoor illumination of any building, landscaping, sign or for any other purpose, is prohibited except with fixtures of less than or equal to 1,125 lumens. Only the minimum number of fixtures needed for safety or occasional -use purposes should be installed. The illumination shining or reflecting onto adjoining properties shall be minimized. D. Exterior Lighting: All lighting for off-street parking or loading areas or for the external illumination of buildings or signs shall be directed away from and shielded from any adjacent residential property and shall not detract from driver visibility on adjacent streets. E. Mercury Vapor: All mercury vapor fixtures are prohibited. F. Signage: All outdoor signage, with its lighting, shall conform to Section 8.03 and shall be of such size and color as not to interfere with traffic or Page 25 of 37 limit visibility of adjoining property. Illumination on any sign not wholly illuminated from within must conform to Section 8.03 and be directed towards the ground. Signs shall net have iRteFmittent iiiuminatierg eF flashing lights (see Seetien . For regulations relating to signs with intermittent, scrolling or flashing illumination, refer also to Chapter 6 Sign Regulations - 6.08.CC. Section 8.05 Permanent and Temporary Exemptions A. Nonconforming Fixtures: All outdoor light fixtures existing and fully installed prior to the effective date of this chapter are nonconforming indefinitely; provided, however, that no change in use, replacement, structural alteration, or restoration (after abandonment of outdoor light fixtures) shall be made unless it thereafter conforms to the provisions of this chapter. B. Federal and State Facilities: Those facilities and lands owned, operated or protected by the U.S. federal government, the State of Arizona or Maricopa County are exempted from all requirements of this chapter. Voluntary compliance with the intent of this chapter at those facilities is urged. C. Special Exemption: The Zoning Administrator may grant a special exemption from the requirements of Section 8.03 only upon a written finding that there are extreme geographic or geometric conditions warranting the exemption and that there are no conforming fixtures that would suffice. D. Utility Exemption: Utility companies entering into a duly approved contract with the Town of Fountain Hills in which they agree to comply with the provisions of these regulations, shall be exempt from applying for and obtaining a permit for the installation of outdoor light fixtures, including residential security lighting. E. Temporary Exemptions: 1. Request: Any individual may submit a written request (on a form approved by the Zoning Administrator) for a temporary exemption to the requirements of this chapter, such exemption to be valid for thirty- (30) days, renewable at the discretion of the Zoning Administrator. Page 26 of 37 2. The request for temporary exemption(s) shall provide: a. Specific exemptions(s) requested. b. Type and use of outdoor light fixture for which exemption is sought. C. Duration of the requested exemption. d. Type of lamp(s) and calculated lumens. e. Total wattage of lamp(s). f. Proposed location. g. Previous temporary exemptions, if any. h. Physical size of outdoor light fixture and type of shielding to be provided. In addition to the above data, the Zoning Administrator may request any additional information, such as correlated color temperature, which would assist 49+s the evaluation of the request. Section 8.06 Procedures for Compliance A. Application: 1. Any individual applying for a building or use permit under the zoning ordinance of the Town of Fountain Hills intending to install outdoor lighting fixtures shall, as a part of said application, submit evidence that the proposed work will comply with this chapter. 2. All other individuals intending to install outdoor lighting fixtures shall submit an application to the Zoning Administrator providing evidence that the proposed work will comply with this chapter. Landscape lighting or decorative lighting consisting of light fixtures e€ ineandeseent bulbs uREler twenty five (2S) watts under 375 lumens are exempt from the requirements of this paragraph. B. Contents of Application: The application shall contain, but shall not necessarily be limited to the following, all or a portion of which may be part of or in addition to the information required elsewhere in the zoning ordinance of the Town of Fountain Hills. Page 27 of 37 1. Plans indicating the location on the premises, and the type of illuminating devices, fixtures, lamps, supports, etc. 2. Description of the illuminating devices, fixtures, lamps, supports, etc. This description may ii9elude shall include the initial lumen output, wattages, and shielding planned; and should also include, but is not limited to, manufacturer's catalog cuts, and drawings (including sections where required). The above required plans and descriptions shall be sufficiently complete to enable the Zoning Administrator to readily determine compliance with the requirements of this chapter. If such plans and descriptions do not readily enable this determination, the applicant shall submit evidence of compliance by certified test reports as performed by a recognized testing lab. C. Issuance of Permit: Upon compliance with the requirements of this Chapter, the Zoning Administrator shall issue a permit for installation of the outdoor lighting fixtures, to be installed per the approved application. In the event the application is part of another application under this ordinance, the privilege applied for will be granted if the applicant is in compliance with this Chapter as well as the other requirements for the privilege applied for under this ordinance. D. Amendment to Permit: Should the applicant desire to use different outdoor light fixtures or lamps after a permit has been issued, the applicant must submit all changes to the Zoning Administrator for approval, with adequate information to allow determination of compliance with this Chapter. Page 28 of 37 SECTION ELEVEN Clean Version of Proposed Lighting Ordinance Town of Fountain Hills Zoning Ordinance Chapter 8 OUTDOOR LIGHTING CONTROL Sections 8.01 Administration. 8.02 Definitions. 8.03 General Requirements. 8.04 Prohibitions. 8.05 Permanent and Temporary Exemptions. 8.06 Procedures for Compliance. Page 29 of 37 Section 8.01 Administration A. Purpose: It is the intent of this code to require lighting practices and systems that minimize light pollution, glare, and light trespass, and conserve energy while maintaining adequate light for nighttime safety, utility, security and productivity. Good modern lighting practices can achieve these goals and at the same time preserve the scenic view of the night sky, minimize lighting that would have a detrimental effect on astronomical observations, and prevent lighting that would be offensive to neighboring and near -by properties. B. Conformance with Applicable Code Provisions: All outdoor artificial illuminating devices shall be installed in conformance with the provisions of this article, any other applicable provisions of the zoning ordinance of the Town of Fountain Hills and any building ordinances of the Town of Fountain Hills, which may hereafter be enacted, as applicable. Where any provisions of any of the Arizona state statutes or of the federal law, or any companion ordinance comparatively conflicts with the requirements of this chapter, the more restrictive shall govern. C. Approved Material and Methods of Installation: The provisions of this chapter are not intended to prevent the use of any material or method of installation not specifically prescribed by this chapter, provided any such alternate has been approved in writing by the Town of Fountain Hills Development Services Director upon a finding that the proposed design, material or method: 1. Provides approximate equivalence to the applicable requirements of this chapter; or 2. Is otherwise satisfactory and complies with the intent of this chapter. Section 8.02 Definitions For purposes of this chapter, the following terms shall have the following definitions: Adaptive Controls: Devices such as motion sensors, timers and dimmers used in concert with outdoor lighting equipment to vary the intensity or duration of operation of lighting. Correlated Color Temperature (CCT): The temperature, in Kelvin, of a blackbody whose spectrum approximates the spectral power distribution of a given light source. Correlated color temperature is a measure of the quality of NNwarmness" or "coolness" of a lamp. (Sample lamp spec: CCT = 3000K) Page 30 of 37 Fully Shielded: Means the fixture shall be shielded so that light rays emitted by the fixture, either directly from the lamp or indirectly from the fixture, are projected only below a horizontal plane running through the lowest point on the fixture where light is emitted or reflected. Individual: Any private individual, tenant, lessee, owner or any commercial entity including, but not limited to, companies, partnerships, joint ventures or corporations. Initial Lumens: The lumens rating of a lamp when new, not including any age- related depreciation of light output. Installed: An initial installation of outdoor light fixtures on or after the effective date of this chapter. Lumen: The SI (International System of Units) unit of light output. A lumen is approximately the amount of light that falls on a one -square -foot surface 1 foot away from a candle flame. Luminaire: A body that gives light. Nit: A measure of luminous intensity per unit area. One nit is equivalent to one candela per square meter. (A candela is an SI base unit of luminous intensity approximately equal to the luminous intensity emitted by one common candle.) Partially Shielded: Means the fixture shall be shielded so that the bottom edge of the shield is below the plane centerline of the light source (lamp), minimizing the emission of light above the horizontal plane. Outdoor Light Fixtures: Outdoor artificial illuminating devices, outdoor fixtures, lamps and other devices, permanent or portable, used for illumination or advertisement. Such devices shall include, but are not limited to, search, spot or floodlights for: 1. Buildings and structures 2. Recreation areas 3. Parking lot lighting 4. Landscape lighting S. Billboards and other signage (advertising or other) 6. Street lighting Page 31 of 37 Section 8.03 General Requirements A. B. C. I� Shielding: 1. Irrespective of lamp type, all outdoor light fixtures whose light output is greater than 2250 initial lumens shall be fully shielded and fixtures whose light output ranges from 1125 to 2250 initial lumens shall be partially or fully shielded. The following table gives the equivalent wattages for common lamp types. Note: Wattage equivalents can vary somewhat depending on manufacturer and bulb efficiency. Approximate Watts for Specified Lumens Fixture Lamp Type 2250 lumens 1125 lumens Incandescent Low-pressure sodium High-pressure sodium Metal halide Fluorescent (tube) LED Compact Fluorescent (CFL) Quartz Halogen Incandescent Correlated Color Temperature (CCT): 150 75 15 7.5 20 10 25 12.5 38 19 25-50 13-25 38 19 112 56 150 75 1. In order to minimize the detrimental effects of blue light, the Correlated Color Temperature (CCT) of any outdoor lighting fixture shall not exceed 3,000K. However, fixtures with a higher CCT that are appropriately blue -filtered are acceptable. Light Trespass: 1. All lighting on a property shall be sufficiently shielded and aimed such that direct glare from the light emitting and/or reflecting parts of a luminaire onto any other property is minimized to the extent reasonably possible. Lumen Density Caps: 1. Unshielded lighting on a property shall not exceed: a. 50,000 lumens per net acre in commercial districts (Zones C, IND and L) Page 32 of 37 b. 20,000 lumens per net acre in multi -family districts (Zones R1) 2. To prevent over -lighting, the total amount of lighting on a property, both shielded and unshielded, shall not exceed: a. 100,000 lumens per net acre in commercial districts (Zones C, IND and Q b. 50,000 lumens per net acre in multi -family districts (Zones R1) 3. The caps defined in D.1 and D.2 above are not intended as design goals. Instead, design goals should be the lowest level of lumens necessary to meet the lighting requirements of the site. 4. Outdoor lighting for single-family residential uses is not subject to a lumens per net acre cap, but is subject to lamp fixture and shielding requirements. F. Municipally Owned Lighting: 1. All outdoor lighting owned by the Town of Fountain Hills shall adhere to the following requirements: a. When new publicly -owned buildings and other facilities are constructed, or new public rights-of-way are established, the installation of new outdoor lighting fixtures shall be allowed only when (1) a specific need related to a hazardous nighttime situation is identified by the Town and (2) lighting is deemed necessary as a matter of ensuring public safety. b. When existing, publicly owned buildings, other facilities and public rights-of-way are modified by physical alterations and/or by a change of use, the installation of new outdoor lighting fixtures beyond existing installations shall be allowed only when (1) a specific need related to a hazardous nighttime situation is identified by the Town and (2) lighting is deemed necessary as a matter of ensuring public safety. c. With the establishment of any new subdivision development where street rights-of-way will be dedicated to the Town, the Town shall not allow the installation of streetlights. However, in cases where it is determined that street lighting is deemed necessary in public rights-of- way for safety of pedestrians, bicyclists and/or motorists, the installation of street lighting shall be permitted. All lighting so installed shall be fully shielded, meet correlated color temperature requirements, make Page 33 of 37 use of appropriate adaptive controls, and be subject to curfews as directed by the Town Council. H. LED Signs / Electronic Message Displays 1. LED signs (also known as electronic message centers, digital displays, reader boards, etc.) shall not exceed the maximum lumination level of 100 nits from sunset to sunrise. 2. Signs shall be required to be equipped with photo cell sensors that are factory locked to dim the sign to an appropriate light level during daylight hours. The photo cell sensors shall also dim the sign at night to the required nit level as stated in this section. An affidavit from the manufacturer attesting to the brightness level shall be submitted with the sign permit application. 3. The electronic message center portion of the sign shall not have a white background and shall be turned off when the business activities cease. Signs shall include timers that will automatically turn off the digital display. 4. Signs located within or adjacent to residential zoning districts that directly shine onto residences, shall be turned off between the hours of 10:00 p.m. and sunrise. S. Signs must also conform with 6.08.CC in the Town's Sign Regulations Ordinance. I. Seasonal Lighting Decorations 1. Seasonal lighting decorations, permitted between Thanksgiving and January 15, are not subject to 8.03 requirements. However, it is encouraged that holiday lighting in residential neighborhoods be minimized after 11:00 p.m. Section 8.04 Prohibitions A. Searchlights: The operation of searchlights for advertising purposes is prohibited. B. Recreational Facilities: No outdoor recreational facility, public or private, shall be illuminated by nonconforming means after 11:00 P.M. except to conclude a specific recreational, sporting or other activity that began prior to 10:00 P.M. Recreational facility lighting shall make appropriate use of adaptive controls when possible to comply with this curfew requirement. Page 34 of 37 C. Outdoor Building or Landscaping Illumination: The unshielded outdoor illumination of any building, landscaping, sign or for any other purpose, is prohibited except with fixtures of less than or equal to 1,125 lumens. Only the minimum number of fixtures needed for safety or occasional -use purposes should be installed. The illumination shining or reflecting onto adjoining properties shall be minimized. D. Exterior Lighting: All lighting for off-street parking or loading areas or for the external illumination of buildings or signs shall be directed away from and shielded from any adjacent residential property and shall not detract from driver visibility on adjacent streets. E. Mercury Vapor: All mercury vapor fixtures are prohibited. F. Signage: All outdoor signage, with its lighting, shall conform to Section 8.03 and shall be of such size and color as not to interfere with traffic or limit visibility of adjoining property. Illumination on any sign not wholly illuminated from within must conform to Section 8.03 and be directed towards the ground. For regulations relating to signs with intermittent, scrolling or flashing illumination, refer also to Chapter 6 Sign Regulations - 6.08.CC. Section 8.05 Permanent and Temporary Exemptions A. Nonconforming Fixtures: All outdoor light fixtures existing and fully installed prior to the effective date of this chapter are nonconforming indefinitely; provided, however, that no change in use, replacement, structural alteration, or restoration (after abandonment of outdoor light fixtures) shall be made unless it thereafter conforms to the provisions of this chapter. B. Federal and State Facilities: Those facilities and lands owned, operated or protected by the U.S. federal government, the State of Arizona or Maricopa County are exempted from all requirements of this chapter. Voluntary compliance with the intent of this chapter at those facilities is urged. C. Special Exemption: The Zoning Administrator may grant a special exemption from the requirements of Section 8.03 only upon a written finding that there are extreme geographic or geometric conditions warranting the exemption and that there are no conforming fixtures that would suffice. D. Utility Exemption: Utility companies entering into a duly approved contract with the Town of Fountain Hills in which they agree to comply with Page 35 of 37 the provisions of these regulations, shall be exempt from applying for and obtaining a permit for the installation of outdoor light fixtures, including residential security lighting. E. Temporary Exemptions: 1. Request: Any individual may submit a written request (on a form approved by the Zoning Administrator) for a temporary exemption to the requirements of this chapter, such exemption to be valid for thirty- (30) days, renewable at the discretion of the Zoning Administrator. 2. The request for temporary exemption(s) shall provide: a. Specific exemptions(s) requested. b. Type and use of outdoor light fixture for which exemption is sought. C. Duration of the requested exemption. d. Type of lamp(s) and calculated lumens. e. Total wattage of lamp(s). f. Proposed location. g. Previous temporary exemptions, if any. h. Physical size of outdoor light fixture and type of shielding to be provided. In addition to the above data, the Zoning Administrator may request any additional information, such as correlated color temperature, which would assist the evaluation of the request. Section 8.06 Procedures for Compliance A. Application: 1. Any individual applying for a building or use permit under the zoning ordinance of the Town of Fountain Hills intending to install outdoor lighting fixtures shall, as a part of said application, submit evidence that the proposed work will comply with this chapter. Page 36 of 37 2. All other individuals intending to install outdoor lighting fixtures shall submit an application to the Zoning Administrator providing evidence that the proposed work will comply with this chapter. Landscape lighting or decorative lighting consisting of light fixtures under 375 lumens are exempt from the requirements of this paragraph. B. Contents of Application: The application shall contain, but shall not necessarily be limited to the following, all or a portion of which may be part of or in addition to the information required elsewhere in the zoning ordinance of the Town of Fountain Hills. 1. Plans indicating the location on the premises, and the type of illuminating devices, fixtures, lamps, supports, etc. 2. Description of the illuminating devices, fixtures, lamps, supports, etc. This description shall include the initial lumen output, wattages, and shielding planned; and should also include, but is not limited to, manufacturer's catalog cuts, and drawings (including sections where required). The above required plans and descriptions shall be sufficiently complete to enable the Zoning Administrator to readily determine compliance with the requirements of this chapter. If such plans and descriptions do not readily enable this determination, the applicant shall submit evidence of compliance by certified test reports as performed by a recognized testing lab. C. Issuance of Permit: Upon compliance with the requirements of this Chapter, the Zoning Administrator shall issue a permit for installation of the outdoor lighting fixtures, to be installed per the approved application. In the event the application is part of another application under this ordinance, the privilege applied for will be granted if the applicant is in compliance with this Chapter as well as the other requirements for the privilege applied for under this ordinance. D. Amendment to Permit: Should the applicant desire to use different outdoor light fixtures or lamps after a permit has been issued, the applicant must submit all changes to the Zoning Administrator for approval, with adequate information to allow determination of compliance with this Chapter. Page 37 of 37 League of Arizona Cities & Towns Resolution Resolution: NSQL 4 Proposing the expansion of state licensure requirements and local enforcement authority for sober living housing. Submitted by: City of Prescott A. Purpose and Effect of Resolution Sober living homes have proliferated in recent years and they have little to no oversight. As they do not provide therapy per se, they are not regulated by the Arizona Department of Health. This resolution seeks to allow for increased state and local licensing and regulation authority. B. Relevance to Municipal Policy Sober living housing is a type of group housing that offers an alcohol and drug-free living environment for individuals recovering from alcohol or substance use disorders. Most sober living homes are considered "group homes for disabled persons" and therefore entitled to some level of protection under the Fair Housing Act of 1968, as amended. As one of the conditions of occupancy, residents agree not to use alcohol or prohibited substances. With the growth of these group homes, neighbors and other stakeholders have expressed concerns to municipalities, legislators, and the AZ Department of Health about the presence of these homes particularly in residentially zoned areas. Concerns also have been expressed regarding the need to protect the residents of some of these homes from unscrupulous providers. C. Fiscal Impact to Cities and Towns Due to the unregulated nature of these facilities, there are often issues related to complaints of deterioration of neighborhood aesthetics and potential decrease in property values. In addition, if some type of licensing was available the city could receive revenue from these fees. D. Fiscal Impact to the State Minimal costs to the state are expected for increased regulation and oversight, which could be offset through the establishment of a licensing fee. E. Contact Information Sponsoring City or Town: City of Prescott Name: Alison Zelms, Deputy City Manager Phone: 928-777-1220 Email: alison.zelms(dprescott-az.gov League Staff: Dale Wiebusch 25