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HomeMy WebLinkAbout160303P��AINI,tji n NOTICE OF THE EXECUTIVE AND MW �Q r hat�i oo REGULAR SESSIONS OF THE gZZ FOUNTAIN HILLS TOWN COUNCIL Mayor Linda M. Kavanagh Councilmember Dennis Brown Councilmember Nick DePorter Councilmember Cassie Hansen Vice Mayor Henry Leger Councilmember Alan Magazine Councilmember Cecil A. Yates TIME: 5:30 P.M. — EXECUTIVE SESSION (Executive Session will be held in the Fountain Conference Room - 2nd floor) 6:30 P.M. — REGULAR SESSION WHEN: THURSDAY, MARCH 3, 2016 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 durin2 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\2016\rl60303\160303a.docx Last Printed: 2/25/2016 4:20 PM Page 1 of 3 EXECUTIVE SESSION AGENDA CALL TO ORDER — Mayor Linda M. Kavanagh 1. ROLL CALL AND VOTE TO GO INTO EXECUTIVE SESSION: Pursuant to: A.R.S. § 38-431.03(A)(1), discussion or consideration of employment, assignment, appointment, promotion, demotion, dismissal, salaries, disciplining or resignation of a public officer, appointee or employee of any public body, (specifically, Presiding Judge Robert Melton's employment contract). 2. ADJOURNMENT. AGENDA CALL TO ORDER AND PLEDGE OF ALLEGIANCE — Mayor Linda M. Kavanagh INVOCATION — Pastor Todd Forrest, Fountain Hills Christen Center ROLL CALL — Mayor Linda M. Kavanagh MAYOR'S REPORT i) None. SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS i) Mayor Kavanagh may review RECENT EVENTS attended relating to Economic Development. ii) PRESENTATION by Recreation Supervisor Rachael Goodwin and Tourism Coordinator Grace Rodman-Guetter regarding the Town of Fountain Hills' TOURISM WEBSITE. 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. 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 February 9, 11, 18 and 22, 2016. z:\council packets\2016\rl60303\160303a.docx Last Printed: 2/25/2016 4:20 PM Page 2 of 3 2. CONSIDERATION of a SECOND AMENDMENT to the Cooperative Purchasing Agreement between the Town of Fountain Hills and Vincon Engineering Construction, LLC, in the amount of $14,500, for art bases and other concrete work. 3. CONSIDERATION of a COOPERATIVE PURCHASING AGREEMENT between the Town of Fountain Hills and Bel -Aire Mechanical, Inc., in an amount not to exceed $48,000, for the purchase and installation of the replacement of cooling tower #1. REGULAR AGENDA ITEMS 4. DISCUSSION WITH POSSIBLE DIRECTION TO STAFF regarding PROPOSED CODE CHANGES. 5. 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. 6. 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. 7. SUMMARY OF COUNCIL REQUESTS and REPORT ON RECENT ACTIVITIES by the Mayor, Individual Councilmembers, and the Town Manager. DATED this 25th day of February, 2016. 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\2016\rl60303\160303a.docx Last Printed: 2/25/2016 4:20 PM Page 3 of 3 ��AINI,tji n NOTICE OF THE EXECUTIVE AND MW �Q r hat�i oo REGULAR SESSIONS OF THE gZZ FOUNTAIN HILLS TOWN COUNCIL Mayor Linda M. Kavanagh Councilmember Dennis Brown Councilmember Nick DePorter Councilmember Cassie Hansen Vice Mayor Henry Leger Councilmember Alan Magazine Councilmember Cecil A. Yates TIME: 5:30 P.M. — EXECUTIVE SESSION (Executive Session will be held in the Fountain Conference Room - 2nd floor) 6:30 P.M. — REGULAR SESSION WHEN: THURSDAY, MARCH 3, 2016 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 durin2 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\2016\rl60303\160303a.docx Last Printed: 2/25/2016 4:20 PM Page 1 of 3 EXECUTIVE SESSION AGENDA CALL TO ORDER — Mayor Linda M. Kavanagh 1. ROLL CALL AND VOTE TO GO INTO EXECUTIVE SESSION: Pursuant to: A.R.S. § 38-431.03(A)(1), discussion or consideration of employment, assignment, appointment, promotion, demotion, dismissal, salaries, disciplining or resignation of a public officer, appointee or employee of any public body, (specifically, Presiding Judge Robert Melton's employment contract). 2. ADJOURNMENT. AGENDA CALL TO ORDER AND PLEDGE OF ALLEGIANCE — Mayor Linda M. Kavanagh INVOCATION — Pastor Todd Forrest, Fountain Hills Christen Center ROLL CALL — Mayor Linda M. Kavanagh MAYOR'S REPORT i) None. SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS i) Mayor Kavanagh may review RECENT EVENTS attended relating to Economic Development. ii) PRESENTATION by Recreation Supervisor Rachael Goodwin and Tourism Coordinator Grace Rodman-Guetter regarding the Town of Fountain Hills' TOURISM WEBSITE. 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. 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 February 9, 11, 18 and 22, 2016. z:\council packets\2016\rl60303\160303a.docx Last Printed: 2/25/2016 4:20 PM Page 2 of 3 2. CONSIDERATION of a SECOND AMENDMENT to the Cooperative Purchasing Agreement between the Town of Fountain Hills and Vincon Engineering Construction, LLC, in the amount of $14,500, for art bases and other concrete work. 3. CONSIDERATION of a COOPERATIVE PURCHASING AGREEMENT between the Town of Fountain Hills and Bel -Aire Mechanical, Inc., in an amount not to exceed $48,000, for the purchase and installation of the replacement of cooling tower #1. REGULAR AGENDA ITEMS 4. DISCUSSION WITH POSSIBLE DIRECTION TO STAFF regarding PROPOSED CODE CHANGES. 5. 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. 6. 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. 7. SUMMARY OF COUNCIL REQUESTS and REPORT ON RECENT ACTIVITIES by the Mayor, Individual Councilmembers, and the Town Manager. DATED this 25th day of February, 2016. 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\2016\rl60303\160303a.docx Last Printed: 2/25/2016 4:20 PM Page 3 of 3 •----------------------------------------------------------------------------------------------------------------------------------------------- New Features o Update website with industry standard tools to maximize user-friendly look and feel Completely new look and feel Optimized for mobile viewing Users can update/add their own calendar listings Business owners can update their own business listings Redesigned special events calendar User friendly Clear navigation tools Fully integrated social media channels Up-to-date web traffic Google analytics VISIT ■ PLAY . STAY v EVENTS . CONNECT v NEWSt TITR SIGNUP SFV A' DISCOVER FOUNTAIN HILLS F EVENTS visit in fountain hills stay in fountain hills play in fountain hills � � oviaw4im., Fmmfamlyfssendtyhatetsto AWAognghIlls-Spectacular �i Er4cywodddlassgdl hrkutg ` mountains. The Sonoran chaining vacation rentals and &c bran& autdooradventuim Desert. Visit one ofthemost afour-starResort,wehave �' and so much blue sky that scenL,c commurtities in the U -E- something for ever jorne- you may never leave, ..'" .•.� Old vs. New --------------------- 0 --------------------- HOME VISIT VISIT STAY PIAY EVENTS CONNECT 0©000 S—h fountain�hi(Is ww I Play I svay EXPERIENCE FOUNTAIN HILLS! Adventure ism on s:__Fcs all! Come find yours in Fouriadn Hills and Pain a fresh persoecnye on what it means to live for rhe weekend Whether you are 1-1 ,. metdining outdoor adventure. �Uff ora�Y tlf 0ur�144�h'Ca eveni5 we nvlCe Yei i Hills! Get Out oftiie Valley and into the F I.,. find your fountain find your food find your tun find your festivals Q a T4 'R .moi 4e v n MARCH 19, 2016 26 Days Until The Fountain Hills Music Fest' _ a�+- syr Side by side comparison- 2015 Vosdom Guide Here r� T Special f3enLs ;J Re bm&Adventure Visit Feunra,r -,qs A&Culture r •.`' \ CwRactUs Rs 1 fountain Mls _ _ __ -, . - 140 V.r •000!0 mop �� SSh�.Alwdu.:tota dMlhi I. STPATRICK'S DAY PLUICART WAIk' E1111NTANIT[ ISMISE MST IP fountain Mls _ _ __ -, . - 140 V.r •000!0 C'nw„ruuiy G�ede.}. YI�64€#AYI F�1i. Tfi Fi�]A. ME I` t NIIRTIERLS {., la.1 the tWSa nm- wVkgmpwhHhpeamdes Metmencan aftmof hIIISFi' F—mug. m, sa �,xmm.o��rti�te M+tm rwmran Hllkl feh ffi 7A}fi IEI�LL tAA19�t9! IESC i'dF 1�IYf1Q -A��'ptp�U3Elae tb'y 21116 � a6n �• TWITTER IWABRAM �� SSh�.Alwdu.:tota dMlhi I. STPATRICK'S DAY PLUICART WAIk' E1111NTANIT[ ISMISE MST CMR AMITI, C'nw„ruuiy G�ede.}. YI�64€#AYI F�1i. Tfi Fi�]A. ME I` t NIIRTIERLS {., la.1 the tWSa nm- wVkgmpwhHhpeamdes Metmencan aftmof hIIISFi' F—mug. m, sa �,xmm.o��rti�te M+tm rwmran Hllkl feh ffi 7A}fi IEI�LL tAA19�t9! IESC i'dF 1�IYf1Q -A��'ptp�U3Elae tb'y 21116 � a6n �• TWITTER IWABRAM EVENTS CALENDAR Experience more than 4C special events every year and gain a fresh perspective on what It means to live for the weekend! Stayup-tp-daLe on everything happening fn Fountain Hills. For full llstings and special event descriptions. please visit our Special Events Calendar page or Download this season's event calendar here? FEBRUARY, 2016 2"°B FOUNTAIN HILLS COMMUNITY THEATER PRESENTS: INTO THE WOODS rr INTO THE WOODS 18 FARMERS MARKET & ART ON THE AVENUE 26` GREAT FAIR Old vs. New EVENTS 8 �xpandea 0 Gaoe� 0 calenaar Search by Event Name _search by Date * FILTER BV - All tPptnming ALL CATEGORIES FALL WINTER SPRING SUMMER PUBLIC ART WALK FEATURED ARTIST FV.FNTS Experience... tce... B.SK likes 11 Liked MARCH 19, 2016 26 Days until The Fountain Hills Music Fest, The Great Fair Jazzln The Hills a 0©0 Jou In The Hills a nonprofit group which promotes the America rulmre ofjau. Performances every Eridayev ing. Tickets$2tr.in0 on I' line. ComeJoin us forgreat music, wine and a delightful evening of entertainment right here in Fountain Hlllsl Memorial Championship Disc GolfTaurnament Fanners Market and Art no the Avenue ©p M The Farmer's Market has 20, vendors offering some of the fl nest pully grown produce direct from the farmer as well as other I' thoughtfully prepared and hand crafted foods to he found locally ■ Side by side comparison- 2015 m Sign In MARCH 19, 2016 25 Days Until The Fountain Hills Music Fest! ri— 3 The Fo a—. THE FOUNTAIN THE FOUNTAIN HILLS WORLD FAMOUS FOUNTAIN Arts 1`0 heigr: off 560 feet, the fountain in the tenter of Fountain Hills is higher than the Washington Monument, Itis 10 feet taller than Notre Dame Cathedral, 110 feet higher than she Great Pyramid of Cheops in Egypt and threetimes as high as Old Faithful in Yellowstone Park. The white plume of the would famous fountain is visible far beyond Fountain Hills, It can be seen from as far away as the Superstition Mountains, Carefree and even from aircraft The fountain is the focal point for community celebrations and the pride of its residents. If you happen to visit during the St. Patrick's Day celebration, you'll see the fountain transform to emerald green. The Fountain is extended to its full hell special occasions, for everyday viewing the Fountain reaches a hell feet) Our World Famous Fountain runs every hour on the hour for 15 minutes from 9 a.m.-9 p.m. everyday of the weekl This fountain is a celebration of life and water where it is most appreciated - in the middle of the desert. QUESTIONS? 9��that� A�o/ Meeting Date: 3/3/2016 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 February 9, 11, 18 & 22, 2016. 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: & � - Bevelyn Bender, Town Clerk 2/22/2016 Approved: Grady E. Miller n Manager 2/23/2016 Page 1 of 1 Meeting Date: 3/3/2016 Agenda Type: Consent Meeting Type: Regular Session Submitting Department: Community Services Staff Contact Information: Mark Mayer - (480) 816-5190 / mmayer@fh.az.gov Strategic Planning Goal: Not Applicable (NA) Operational Priority: Not Applicable (NA) REQUEST TO COUNCIL (Agenda Language): CONSIDERATION of a 2❑d Amendment to the Vincon contract in the amount of $14,500 for art bases and other concrete work 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): The Town currently has a contract with Vincon which has previously been amended to perform various concrete work in Town. The Community Services Department would like to utilize Vincon for the various concrete art bases and other work in Town. Because Vincon is nearing the limit of their initial contract and the 1 st amendment to that contract, the Department is seeking a 2 d amendment in the amount of $14,500. Risk Analysis (options or alternatives with implications): N/A Fiscal Impact (initial and ongoing costs; budget status): N/A 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): Staff is recommending approval of the amendment as presented List Attachment(s): 2 d Amendment to the Vincon contract SUGGESTED MOTION (for council use): Motion to approve the 2nd Amendment to the Vincon contract. Page 1 of 3 Page 2 of 3 Prepared by: NA 2/22/2016 Director's Approval: C) . 'lt Mark Mayer, Community Services Director 2/22/2016 Ap oved: Grady E. Miller, Manager 2/25/2016 Page 3 of 3 Contract No. C2016-182.2 SECOND AMENDMENT TO COOPERATIVE PURCHASING AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND VINCON ENGINEERING CONSTRUCTION, LLC THIS SECOND AMENDMENT TO COOPERATIVE PURCHASING AGREEMENT (this "Second Amendment") is entered into as of March 3, 2016, between the Town of Fountain Hills, an Arizona municipal corporation (the "Town"), and Vincon Engineering Construction, LLC, an Arizona limited liability company (the "Contractor"). RECITALS A. After a competitive procurement process, the City of Chandler ("Chandler") entered into Contract No. ST5-745-3435, dated October 24, 2014, as amended by Amendment Number One, dated October 26, 2015, and by Amendment Number Two, dated November 23, 2015, with the Contractor for the Contractor to provide concrete repair and maintenance (collectively, the "Chandler Contract"). B. The Town and the Contractor entered into a Cooperative Purchasing Agreement dated September 14, 2015, based upon the Chandler Contract (the "Initial Agreement"), for the Contractor to provide the Town with concrete repair and maintenance (the "Materials and Services"). C. The Initial Agreement was modified by Change Order No. One, dated October 16, 2015, and amended by that certain First Amendment on January 7, 2016, to purchase additional Materials and Services. The Initial Agreement, Change Order No. One and First Amendment are collectively referred to herein as the "Agreement." All capitalized terms not otherwise defined in this Second Amendment have the same meanings as contained in the Agreement. D. The Town has determined that additional Materials and Services by the Contractor are necessary (the "Additional Materials and Services"). E. The Town and the Contractor desire to enter into this Second Amendment to provide for the cost of and purchase the Additional Materials and Services. AGREEMENT NOW, THEREFORE, in consideration of the foregoing introduction and recitals, which are incorporated herein by reference, the following mutual covenants and conditions, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Town and the Contractor hereby agree as follows: 1. Compensation. The Town shall increase the compensation to Contractor by $14,500.00 for the Additional Materials and Services at the rates set forth in the Chandler 2615800.1 Contract, resulting in an increase of the total compensation from $45,973.00 to an aggregate amount not to exceed $60,473.00. 2. Effect of Amendment. In all other respects, the Agreement is affirmed and ratified and, except as expressly modified herein, all terms and conditions of the Agreement shall remain in full force and effect. 3. Non -Default. By executing this Second Amendment, the Contractor affirmatively asserts that (i) the Town is not currently in default, nor has been in default at any time prior to this Second Amendment, under any of the terms or conditions of the Agreement and (ii) any and all claims, known and unknown, relating to the Agreement and existing on or before the date of this Second Amendment are forever waived. 4. Conflict of Interest. This Second Amendment and the Agreement may be canceled by the Town pursuant to Axil. REv. STAT. § 38-511. 2615800.1 [SIGNATURES ON FOLLOWING PAGES] 2 IN WITNESS WHEREOF, the parties hereto have executed this instrument 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 , 2016, 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) 2615800.1 "Contractor" VINCON ENGINEERING CONSTRUCTION, LLC, an Arizona limited liability company Name: Title: (ACKNOWLEDGMENT) STATE OF ARIZONA ) ) ss. COUNTY OF MARICOPA ) On , 2016, before me personally appeared the of VINCON ENGINEERING CONSTRUCTION, 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. (Affix notary seal here) 2615800.1 2 Notary Public SAI TOWN OF FOUNTAIN HILLS TOWN COUNCIL ,low• AGENDA ACTION FORM o rear is N. -V . Meeting Date: 3/3/2016 Agenda Type: Consent Meeting Type: Regular Session Submitting Department: Development Services Staff Contact Information: Raymond Rees/480-816-5180/rrees@fh.az.gov Strategic Planning Goal: Not Applicable (NA) Operational Priority: Not Applicable (NA) REQUEST TO COUNCIL (agenda Language): Approve the contract with Bel -Aire Mechanical, Inc., in an amount not to exceed $48,000 for the purchase and installation of the replacement of cooling tower #I Applicant: Applicant Contact Information: Owner: Owner Contact Information: Property Location: Related Ordinance, Policy or Guiding Principle: Staff Summary (background): The metal casing on cooling tower #1 has rusted and deteriorated to the point that it has been leaking a large amount of water from various places on the unit. Although the Town has done repairs to the areas of rust on the unit in the past, it has reached the point that either a full scale renovation and repair be done on the unit or a new unit be purchased and installed. In FY 2014/15 Staff received quotes for the renovation repairs of cooling tower #2 at a cost of $25,719. The process for repairs would be an extensive and time consuming process. Staff does not believe the cost of total renovation has decreased over the past year. The purchase and installation of a new cooling tower is $47,698. Since the unit is near the end of its 15- 17 year lifespan, staff recommends replacement of the unit. Risk Analysis (options or alternatives with implications): Not doing the repairs or replacement would cause the closure of one of the buildings at the Town Center Complex during the warmer months, the middle of April - October if one of the cooling towers fails. With only one cooling tower the central plant cannot meet the demand for cold water used by the HVAC units at each building. It was reported in FY 2014/15 that cooling tower #1 would need to be replaced in the very near future. Fiscal Impact (initial and ongoing costs; budget status): $48,000 Budget Reference (page number): Funding Source: Facilities Replacement Fund If Multiple Funds utilized, list here: Budgeted; if No, attach Budget Adjustment Form: Yes Recommendation(s) by Board(s) or Commission(s): Pagel of 2 Staff Recommendation(s): Approve the contract with Bel -Aire Mechanical, Inc., in an amount not to exceed $48,000 for the purchase and installation of the replacement of cooling tower #1 List Attachment(s): CPA with Bel -Aire Mechanical, Inc. SUGGESTED MOTION (for council use): Move to approve the contract with Bel -Aire Mechanical, Inc., in an amount not to exceed $48,000 for the purchase and installation of the replacement of cooling tower #1 Prepare by: Raymo d es, Facilities/Envi mental Supervisor 2/23/2016 Director4�y�'bval au Woo eve ent Services Director 2/23/2016 Approved: Grady E. Mill , To n Manager 2/23/2016 Page 2 of 2 Contract No. C-2016-243 COOPERATIVE PURCHASING AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND BEL-AIRE MECHANICAL, INC. THIS COOPERATIVE PURCHASING AGREEMENT (this "Agreement") is entered into as of March 3, 2016, between the Town of Fountain Hills, an Arizona municipal corporation (the "Town"), and Bel -Aire Mechanical, Inc., an Arizona corporation (the "Contractor"). RECITALS A. After a competitive procurement process, Maricopa County, Arizona (the "County") entered into Serial Contract No. 15049-S dated November 1, 2015, and amended on January 22, 2016 (collectively, the "County Contract"), for the Contractor to provide heating, ventilation and air conditioning installation, service and repair. A copy of the County Contract is attached hereto as Exhibit A and incorporated herein by reference, to the extent not inconsistent with this Agreement. B. The Town is permitted, pursuant to Section 3-3-27 of the Town Code, to make purchases under the County Contract, at its discretion and with the agreement of the awarded Contractor, and the County Contract permits its cooperative use by other public entities, including the Town. C. The Town and the Contractor desire to enter into this Agreement for the purpose of (i) acknowledging their cooperative contractual relationship under the County Contract and this Agreement, (ii) establishing the terms and conditions by which the Contractor may provide the Town with heating, ventilation and air conditioning installation, service and repair, as more particularly set forth in Section 2 below (the "Materials and Services") and (iii) setting the maximum aggregate amount to be expended pursuant to this Agreement related to the Materials and Services. AGREEMENT NOW, THEREFORE, in consideration of the foregoing introduction and recitals, which are incorporated herein by reference, the following mutual covenants and conditions, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Town and the Contractor hereby agree as follows: 1. 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 March 2, 2017, unless terminated as otherwise provided in this Agreement or the County Contract. 2. Scope of Work. Contractor shall provide to the Town the Services and Materials to replace Cooling Tower No. 1 under the terms and conditions of the County Contract and as more particularly set forth in the Proposal attached hereto as Exhibit B and incorporated herein by reference. 2609584.1 3. Inspection; Acceptance. All Materials and Services are subject to final inspection and acceptance by the Town. Materials failing to conform to the requirements of this Agreement and/or the County Contract will be held at Contractor's risk and may be returned to the Contractor. If so returned, all costs are the responsibility of the Contractor. Upon discovery of non -conforming Materials or Services, the Town may elect to do any or all of the following by written notice to the Contractor: (A) waive the non-conformance; (B) stop the work immediately; or (C) bring Materials or Service into compliance and withhold the cost of same from any payments due to the Contractor. 4. Compensation. The Town shall pay Contractor an amount not to exceed $47,698.00 for the Materials and Services at the unit rates set forth in the County Contract and as more particularly set forth in the Proposal attached hereto as Exhibit B and incorporated herein by reference. 5. Payments. The Town shall pay the Contractor monthly, based upon acceptance and delivery of Materials and/or Services performed and completed to date, and upon submission and approval of invoices. Each invoice shall (i) contain a reference to this Agreement and the County Contract and (ii) document and itemize all work completed 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 County Contract will be subject to rejection and may be returned. 6. Records and Audit Rights. To ensure that the Contractor and its subcontractors are complying with the warranty under Section 7 below, Contractor's and its subcontractors' books, records, correspondence, accounting procedures and practices, and any other supporting evidence relating to this Agreement, including the papers of any Contractor and its subcontractors' employees who perform any work or services pursuant to this Agreement (all of the foregoing hereinafter referred to as "Records"), shall be open to inspection and subject to audit and/or reproduction during normal working hours by the Town, to the extent necessary to adequately permit (i) evaluation and verification of any invoices, payments or claims based on Contractor's and its subcontractors' actual costs (including direct and indirect costs and overhead allocations) incurred, or units expended directly in the performance of work under this Agreement and (ii) evaluation of the Contractor's and its subcontractors' compliance with the Arizona employer sanctions laws referenced in Section 7 below. To the extent necessary for the Town to audit Records as set forth in this Section, Contractor and its subcontractors hereby waive any rights to keep such Records confidential. For the purpose of evaluating or verifying such actual or claimed costs or units expended, the Town shall have access to said Records, even if located at its subcontractors' facilities, from the effective date of this Agreement for the duration of the work and until three years after the date of final payment by the Town to Contractor pursuant to this Agreement. Contractor and its subcontractors shall provide the Town with adequate and appropriate workspace so that the Town can conduct audits in compliance with the provisions of this Section. The Town shall give Contractor or its subcontractors reasonable advance notice of intended audits. Contractor shall require its subcontractors to comply with the provisions of this Section by insertion of the requirements hereof in any subcontract pursuant to this Agreement. 2609584.1 2 7. E -verify Requirements. To the extent applicable under Aiuz. REv. STAT. § 41- 4401, the Contractor and its subcontractors warrant compliance with all federal immigration laws and regulations that relate to their employees and their compliance with the E -verify requirements under Axlz. REv. STAT. § 23-214(A). Contractor's or its subcontractors' failure to comply with such warranty shall be deemed a material breach of this Agreement and may result in the termination of this Agreement by the Town. 8. Conflict of Interest. This Agreement may be canceled by the Town pursuant to ARiz. REv. STAT. § 38-511. 9. 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. 10. 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 Contractor 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. Contractor 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. 11. Conflicting Terms. In the event of any inconsistency, conflict or ambiguity among the terms of this Agreement, the County Contract, the Proposal and invoices, the documents shall govern in the order listed herein. Notwithstanding the foregoing, and in conformity with Section 2 above, unauthorized exceptions, conditions, limitations or provisions in conflict with the terms of this Agreement or the County 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 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 County Contract shall not alter such terms and conditions or relieve Contractor from, nor be construed or deemed a waiver of, its requirements and obligations in the performance of this Agreement. 12. Rights and Privileges. To the extent provided under the County Contract, the Town shall be afforded all of the rights and privileges afforded to the County and shall be the 2609584.1 3 "County" (as defined in the County Contract) for the purposes of the portions of the County Contract that are incorporated herein by reference. 13. Indemnification; Insurance. In addition to and in no way limiting the provisions set forth in Section 12 above, the Town shall be afforded all of the insurance coverage and indemnifications afforded to the County to the extent provided under the County 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 Contractor's obligation to provide the indemnification and insurance. In any event, the Contractor shall indemnify, defend and hold harmless the Town and each council member, officer, employee or agent thereof (the Town and any such person being herein called an "Indemnified Party"), for, from and against any and all losses, claims, damages, liabilities, costs and expenses (including, but not limited to, reasonable attorneys' fees, court costs and the costs of appellate proceedings) to which any such Indemnified Party may become subject, under any theory of liability whatsoever ("Claims"), insofar as such Claims (or actions in respect thereof) relate to, arise out of, or are caused by or based upon the negligent acts, intentional misconduct, errors, mistakes or omissions, in connection with the work or services of the Contractor, its officers, employees, agents, or any tier of subcontractor in the performance of this Agreement. 14. Notices and Requests. Any notice or other communication required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given if (A) delivered to the parry 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. If to Contractor: Bel -Aire Mechanical, Inc. 4201 North 47th Avenue Phoenix, Arizona 85031 Attn: Brandon Sonju 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 2609584.1 4 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 parry, and not its counsel or other recipient to which a copy of the notice may be sent, is deemed to have received the notice. 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 , 2016, 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) 2609584.1 5 "Contractor" BEL-AIRE MECHANICAL, INC., an Arizona corporation By- Name: ►ui�n��fl S J . Gary�r� (ACKNOWLEDGMENT) STATE OF ARIZONA ) ) ss. COUNTY OF MARICOPA ) On i:4\,x z v' 9 3 , 2016, before me personally appeared V �Ev. CLVl _ J �—yuy �, , the ViLC a, rA t✓ of BEL -ALAE MECHANICAL, INC., an Arizona corporation, 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 ijigned the above document on behalf of the corporation. 0 JUDITH BABCOCK Notary Public- Stets ofAdmoe MARICOPACOUNTY My commission Expirss March 4, 2019 (Affix notary seal here) 2609584.1 (11, & CAL N tary Public 2 EXHIBIT A TO COOPERATIVE PURCHASING AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND BEL-AIRE MECHANICAL, INC. [County Contract] See following pages. 2609584.1 `PRO 9 Maricopa County cOUN�� Office of Procurement Services Chief Procurement Officet 320 W. Lincoln Street Phoenix, Arizona 85003 Phone: (602) 506-3967 Fax: (602) 258-1573 October 21, 2015 Bel -Aire Mechanical, Inc. 4201 North 47th Avenue Phoenix, AZ 85031 RE: 15049-S HVAC Service and Repair Dear Mr. Howard Clifford: We are pleased to notify you Maricopa County has awarded your firm a contract to supply services and/or commodities per the subject contract with an effective date of October 21, 2015. In accordance with the bid specifications, purchasing documents will be forwarded to you covering the specific items of this award. If you have any questions regarding the subject bid serial/contract, please contact Laura Ayala at 602-506-3248. Sincerely, Laura Ayala, Pr ement Officer Office of Pro c ement Services LAlI Attach. cc: Office of Procurement Services Re: Serial 15049-S SERIAL 15049 S HVAC SERVICE AND REPAIR DATE OF LAST REVISION: January 22, 2016 CONTRACT END DATE: October 31, 2017 CONTRACT PERIOD THROUGH OCTOBER 31, 2017 TO: All Departments FROM: Office of Procurement Services SUBJECT: Contract for HVAC SERVICE AND REPAIR Attached to this letter is published an effective purchasing contract for products and/or services to be supplied to Maricopa County activities as awarded by Maricopa County on October 21, 2015 (Eff. November 1, 2015). All purchases of products and/or services listed on the attached pages of this letter are to be obtained from the vendor holding the contract. Individuals are responsible to the vendor for purchases made outside of contracts. The contract period is indicated above. Wes Baysinger, Clkkprocurement Office Office of Proc Services LA/mm Attach Copy to: Office of Procurement Services Don Jeffery, Facilities Management Cynthia Robinson, Department of Transportation (Please remove Serial 08136-5 from your contract notebooks) SERIAL 15049-S ANDREW'S REFRIGERATION, 5617 E. HILLARY DRIVE SCOTTSDALE AZ 85254 COMPANY NAME: DOING BUSINESS AS (DBA) NAME: MAILING ADDRESS: REMIT TO ADDRESS: TELEPHONE NUMBER: FACSIMILE NUMBER: WEB SITE: REPRESENTATIVE NAME: REPRESENTATIVE TELEPHONE NUMBER: REPRESENTATIVE E-MAIL: Andrew's Refrigeration Inc. 5617 E Hillery Dr. Scottsdale AZ 85254 same 602-992-9560 602-992-9570 weareiceonline.com Jayson Wagner 602-725-0738 j ayson(rilweareiceonline.com YES NO REBATE WILL ALLOW OTHER GOVERNMENTAL ENTITIES TO PURCHASE FROM r r - THIS CONTRACT: WILL ACCEPT PROCUREMENT CARD FOR PAYMENT: r FUEL COMPRISES (if section for fuel price 0% OF TOTAL BID AMOUNT adjustment is located in the solicitation document) F--1% 10 BAYS NET 30 DAYS Wo NET 30 DAYS Eff. 01/22/16 IST CALL r - Labor Rates: Commercial / Industrial Parts Materials and Components - Cost Plus Percentage I each ItemQty Regular Business Hours Unit Price Total Notes Regular Business Hours 1 hour $62.00 $62.00 After Business Hours 1 hour $93.00 $93.00 Weekends 1 hour $93.00 $93.00 Holidays 1 hour $93.00 $93.00 1ST CALL, Labor Rates: Residential Parts Materials and Components - Cost Plus Percentage I each 25% Regular Business Hours 1 hour $62.00 $62.00 Please see all additional required documents uploaded under this section as it is the only space provided . Thank you After Business Hours 1 hour $93.00 $93.00 1 Weekends 1 hour $93.00 $93.00 Holidays 1 hour $93.00 $93.00 Additional Pricing: Parts Materials and Components - Cost Plus Percentage I each 25% 25% Any Services Outside the Scope of Work 1 hour $62.00 $62.00 Training 1 hour $62.00 $62.00 SERIAL 15049-5 ANDREW'S REFRIGERATION. 5617 E. HILLARY DRIVE, SCOTTSDALE AZ 55254 PRICING SHEET: NIGP CODE 03113 91017 91036 94155 99247 Terms: 1% 10 ^ A Y9 NET 30 D A "8 NET 30 DAYS Eff. 01/22/16 Vendor Number: 2011000646 0 Certificates of Insurance Required Contract Period: To cover the period ending October 31, 2017. SERIAL 15049-S BEL-AIRE MECHANICAL. INC.. 4201 NORTH 47TH AVE. PHOENIX AZ 85031 COMPANY NAME: DOING BUSINESS AS (DBA) NAME: MAILING ADDRESS: REMIT TO ADDRESS: TELEPHONE NUMBER: FACSIMILE NUMBER: WEB SITE: REPRESENTATIVE NAME: REPRESENTATIVE TELEPHONE NUMBER: REPRESENTATIVE E-MAIL: _ Bel -Aire Mechanical, Inc. 4201 North 47th Avenue, Phoenix AZ 85031 4201 North 47th Avenue Phoenix, AZ 85031 623-846-8600 623-846-8700 www.belairemechanical.com Howard Clifford 623-846-8612 hctifford*belairemec hanical.com YES NO REBATE WILL ALLOW OTHER GOVERNMENTAL ENTITIES TO PURCHASE FROM r. r THIS CONTRACT: WILL ACCEPT PROCUREMENT CARD FOR PAYMENT: r r FUEL COMPRISES (if section for fuel price n/a% OF TOTAL BID AMOUNT adjustment is located in the solicitation document) P-1 NET 30 DAYS 5TH CALL Labor Rates: Commercial / Industrial Parts Materials and Components - Cost Plus Percentage 1 each 19% 19% Any Services Outside the Scope of Work I hour $65.00 $65.00 Item Qty Unit Price Total Notes Regular Business Hours 1 hour $82.00 $82.00 1 After Business Hours 1 hour $115.00 $115.00 hour Weekends 1 our $150.00 $150.00 Holidays 1 hour $150.00 $150.00 6TH CALL Labor Rates: Residential Parts Materials and Components - Cost Plus Percentage 1 each 19% 19% Any Services Outside the Scope of Work I hour $65.00 $65.00 Regular Business Hours 1 hour $82.00 $82.00 Attached doc Attachment B and also References and certifications of Servicemen. After Business Hours 1 hour $115.00 $115.00 Weekends 1 hour $150.00 $150.00 Holidays 1 hour $150.00 $150.00 Additional Pricing: Parts Materials and Components - Cost Plus Percentage 1 each 19% 19% Any Services Outside the Scope of Work I hour $65.00 $65.00 Training 1 hour $65.00 $65.00 SERIAL 15049-S BEL-AIRE MECHANICAL, INC.. 4201 NORTH 47TH AVE.. PHOENIX AZ 85031 PRICING SHEET: NIGP CODE Terms: Vendor Number: Certificates of Insurance Contract Period: 03113 91017 91036 94155 99247 NET 30 DAYS W000001391 X Required To cover the period ending October 31, 2017. SERIAL 15049-S DELTA BAP, 16614 N. 40TH DRIVE, PHOENIX, AZ 85053 COMPANY NAME: DOING BUSINESS AS (DBA) NAME: MAILING ADDRESS: REMIT TO ADDRESS: TELEPHONE NUMBER: FACSIMILE NUMBER: WEB SITE: REPRESENTATIVE NAME: REPRESENTATIVE TELEPHONE NUMBER: REPRESENTATIVE E-MAIL: delta bap delta bap 16614 n 40th dr., phoenix, az 85053 16614 n 40th dr., phoenix, az 85053 6027956014 6027956188 www.deltabap.com Ivo Draginov 6026220397 ivo n,deltabap.com YES NO REBATE WILL ALLOW OTHER GOVERNMENTAL ENTITIES TO PURCHASE FROM rV r THIS CONTRACT: WILL ACCEPT PROCUREMENT CARD FOR PAYMENT:. r r FUEL COMPRISES (if section for fuel price adjustment is 0% OF TOTAL BID AMOUNT located in the solicitation document) W NET 30 DAYS 4TH CALL Labor Rates: Residential Item Qty Unit Regular Business Hours 1 hour $69.00 $69.00 10% After Business Hours 1 hour $89.00 $89.00 1 hour Weekends I hour $105.00 $105.00 Holidays I hour $105.00 $105.00 Additional Pricing: Item Qty Unit Price Total Parts Materials and Components - Cost Plus Percentage 1 each 10% 10% Any Services Outside the Scope of Work 1 hour $74.00 $74.00 Training 1 hour $74.00 $74.00 PRICING SHEET: NIGP CODE Terms: Vendor Number: Certificates of Insurance Contract Period: 03113 91017 91036 94155 99247 NET 30 DAYS W000009342 X Required To cover the period ending October 31, 2017. JOHNSON CONTROLS, INC., 2032 W. 4T" STREET, TEMPE AZ 85281 COMPANY NAME: Johnson Controls, Inc. DOING BUSINESS AS (DBA) NAME: Same MAILING ADDRESS: REMIT TO ADDRESS: TELEPHONE NUMBER: FACSIMILE NUMBER: WEB SITE: REPRESENTATIVE NAME: REPRESENTATIVE TELEPHONE NUMBER: REPRESENTATIVE E-MAIL: SERIAL 15049-S 2032 West 4th Street, Tempe, AZ 85281 Johnson Controls, Inc., P O Box 730068, Dallas, TX 75373 480-517-3543 480-967-5213 www.jci.com Gary H. Whetstone 602-550-1279 Gary.H.Whetstone@jci.com YES NO REBATE WILL ALLOW OTHER GOVERNMENTAL ENTITIES TO PURCHASE FROM r r THIS CONTRACT: WILL ACCEPT PROCUREMENT CARD FOR PAYMENT: io I- P r NET30DAYS 6TH CALL Labor Rates: Commercial I Industrial Parts Materials and Components - 1 each 25% 25% Item Qty Unit Price Total Notes Regular Business Hours 1 hour $105.00 $105.00 Industrial HVAC work After Business Hours 1 hour $157.50 $157.50 Industrial HVAC Work Weekends 1 hour $210.00 $210.00 Industrial HVAC Work Holidays 1 hour $210.00 $210.00 Industrial HVAC Work 7TH CALL Labor Rates: Residential Parts Materials and Components - 1 each 25% 25% Regular Business Hours 1 hour $90.00 $90.00 Light Commercial HVAC work After Business Hours 1 hour $135.00 $135.00 Light Commercial HVAC work Weekends 1 hour $180.00 $180.00 Light Commercial HVAC work Holidays 1 hour $180.00 $180.00 Light Commercial HVAC work Additional Pricing: Parts Materials and Components - 1 each 25% 25% Cost Plus Percentage Any Services Outside the Scope of 1 hour $90.00 $90.00 Pricing shown is for Light Commercial Work HVAC work on Regular working hours. Industrial HVAC work on regular working hours is $105.001 hour SERIAL 15049-S JOHNSON CONTROLS, INC., 2032 W. 4TH STREET, TEMPE AZ 85281 Training 1 hour $90.00 $90.00 Pricing shown is for light Commercial HVAC training. For Industrial HVAC training this rate would be $90.00/ hour on regular working hours PRICING SHEET: NIGP CODE 03113 91017 91036 94155 99247 Terms: NET 30 DAYS Vendor Number: 2011001105 0 Certificates of Insurance Required Contract Period: To cover the period ending October 31, 2017. SERIAL 15049-S SUN MECHANICAL CONTRACTING. 3951 E. COLUMBIA STREET. TUCSON AZ 85714 COMPANY NAME: Sun Mechanical Contracting DOING BUSINESS AS (DBA) NAME: Sun Mechanical Contracting MAILING ADDRESS: 3951 E. Columbia Street, Tucson, AZ 85714 REMIT TO ADDRESS: 3951 E. Columbia Street, Tucson, AZ 85714 TELEPHONE NUMBER: (520) 790-3100 FACSIMILE NUMBER: (520) 790-5513 WEB SITE: www.sunmechanical.net REPRESENTATIVE NAME: David McLain REPRESENTATIVE TELEPHONE NUMBER: (480) 694-8764 REPRESENTATIVE E-MAIL: dmclain@sunmechanical.net YES NO REBATE WILL ALLOW OTHER GOVERNMENTAL ENTITIES TO PURCHASE FROM V r— 0% THIS CONTRACT: WILL ACCEPT PROCUREMENT CARD FOR PAYMENT: FUEL COMPRISES (if section for fuel price adjustment is located in the solicitation document) Rp 2% 10 DAYS NET 30 DAYS 4TH CAI.I, Wo r 0% OF TOTAL BID AMOUNT Labor Rates: Commercial / Industrial Item Qty Unit Price Total Regular Business Hours I hour $82.00 $82.00 After Business Hours I hour $117.00 $117.00 Weekends 1 hour $117.00 $117.00 Holidays 1 hour $117.00 $117.00 2ND CALL Labor Rates: Residential Regular Business Hours 1 hour $70.00 $70.00 After Business Hours 1 hour $90.00 $90.00 Weekends 1 hour $90.00 $90.00 Holidays 1 hour $90.00 $90.00 Additional Pricing: Parts Materials and Components - Cost Plus Percentage 1 each 30% 30% Any Services Outside the Scope of Work 1 hour $82.00 $82.00 Training 1 hour $82.00 $82.00 SERIAL 15049-S SUN MECHANICAL CONTRACTING, 3951 E. COLUMBIA STREET, TUCSON AZ 85714 PRICING SHEET: NIGP CODE 03113 91017 91036 94155 99247 Terms: 2% 10 DAYS NET 30 DAYS Vendor Number: 2011006467 0 Certificates of Insurance Required Contract Period: To cover the period ending October 31, 2017. REPRESENTATIVE NAME: Jamie C. Batsell REPRESENTATIVE TELEPHONE NUMBER: (602) 502-2439 REPRESENTATIVE E-MAIL: jbatsell(?�trane.com YES NO REBATE WILL ALLOW OTHER. GOVERNMENTAL ENTITIES TO PURCHASE FROM F.- r THIS CONTRACT: WILL ACCEPT PROCUREMENT CARD FOR PAYMENT: ry r FUEL COMPRISES (if section for fuel price 0% OF TOTAL BID AMOUNT adjustment is located in the solicitation document) Wo 1% 10 DAYS NET 30 DAYS 31tD CALL Labor Rates: Commercial / Industrial SERIAL 15049-S TRANE U.S. INC.. 850 W. SOUTHERN AVE.. TEMPE, AZ 85282 COMPANY NAME: Trane U.S. Inc. DOING BUSINESS AS (DBA) NAME: Trane MAILING ADDRESS: 850 W. Southern Ave., Tempe, AZ 85282 REMIT TO ADDRESS: Trane $75.00 P.O. Box 98167, Chicago, IL 60693 TELEPHONE NUMBER: (602) 258-9600 FACSIMILE NUMBER: (602) 253-3801 WEB SITE: www.trane.com REPRESENTATIVE NAME: Jamie C. Batsell REPRESENTATIVE TELEPHONE NUMBER: (602) 502-2439 REPRESENTATIVE E-MAIL: jbatsell(?�trane.com YES NO REBATE WILL ALLOW OTHER. GOVERNMENTAL ENTITIES TO PURCHASE FROM F.- r THIS CONTRACT: WILL ACCEPT PROCUREMENT CARD FOR PAYMENT: ry r FUEL COMPRISES (if section for fuel price 0% OF TOTAL BID AMOUNT adjustment is located in the solicitation document) Wo 1% 10 DAYS NET 30 DAYS 31tD CALL Labor Rates: Commercial / Industrial Item Qty Unit Price Total Regular Business Hours 1 hour $75.00 $75.00 After Business Hours 1 hour $112.50 $112.50 Weekends I hour $112.50 $112.50 Holida s 1 hour $150.00 $150.00 5TH CALL Labor Rates: Residential Regular Business Hours 1 hour $75.00 $75.00 After Business Hours 1 hour $112.50 $112.50 Weekends 1 hour $112.50 $112.50 Holidays 1 hour $150.00 $150.00 Additional Pricing: Parts Materials and Components - Cost Plus Percentage 1 each 29% 29% Any Services Outside the Scope of Work 1 hour $99.00 $99.00 Training 1 hour $99.00 $99.00 TRANE U.S. INC.. 850 W. SOUTHERN AVE.. TEMPE, AZ 85282 PRICING SHEET: NIGP CODE Terms: Vendor Number: Certificates of Insurance Contract Period: 03113 91017 91036 94155 99247 1% 10 DAYS NET 30 DAYS 2011001488 0 Required To cover the period ending October 31, 2017. SERIAL 15049-S SERIAL 15049-S UNITED TECHNOLOGIES, 18704 E. CHANDLER HEIGHTS ROAD. OUEEN CREEK. AZ 85142 COMPANY NAME: United Technologies DOING BUSINESS AS (DBA) NAME: United Technologies MAILING ADDRESS: 18704 E. Chandler Heights Road, Queen Creek, AZ 85142 REMIT TO ADDRESS: 18704 E. Chandler Heights Road, Queen Creek, AZ 85142 TELEPHONE NUMBER: 480-888-0264 FACSIMILE NUMBER: 480-987-2680 WEB SITE: www.unitedmechanical.com REPRESENTATIVE NAME: Jose Granado REPRESENTATIVE TELEPHONE NUMBER: 480-888-0264 ext 102 REPRESENTATIVE E-MAIL: josenauni-tech.com YES NO REBATE WILL ALLOW OTHER GOVERNMENTAL ENTITIES TO PURCHASE FROM p-, THIS CONTRACT: WILL ACCEPT PROCUREMENT CARD FOR PAYMENT: r Pr FUEL COMPRISES (if section for fuel price N/A% OF TOTAL BID AMOUNT adjustment is located in the solicitation document) R NET 30 DAYS 2ND CALL Labor Rates: Commercial / Industrial Parts Materials and Components - Cost Plus Percentage 1 each Item Qty Unit Price Total Regular Business Hours I hour $69.00 $69.00 After Business Hours 1 hour $99.00 $99.00 Weekends 1 hour $99.00 $99.00 Holidays 1 hour $99.00 $99.00 3RD CALL Labor Rates: Residential Parts Materials and Components - Cost Plus Percentage 1 each Regular Business Hours I hour $69.00 $69.00 After Business Hours 1 hour $99.00 $99.00 Weekends 1 hour $99.00 $99.00 Holidays 1 hour $99.00 $99.00 Additional Pricing: Parts Materials and Components - Cost Plus Percentage 1 each 20% 20% Any Services Outside the Scope of Work 1 hour $99.00 $99.00 Training 1 hour $99.00 $99.00 SERIAL 15049-S UNITED TECHNOLOGIES. 18704 E. CHANDLER HEIGHTS ROAD, QUEEN CREEK AZ 85142 PRICING SHEET: NIGP CODE 03113 91017 91036 94155 99247 Terms: NET 30 DAYS Vendor Number: 2011006472 0 Certificates of Insurance Required Contract Period: To cover the period ending October 31, 2017. SERIAL 15049-S HVAC SERVICE AND REPAIR 1.0 INTENT: 1.1 The intent of this Solicitation is to provide a source for Repair, Maintenance, Installation, and Retrofit for Heating, Ventilation, and Air Conditioning (HVAC) and Evaporative Cooling Equipment, for the Facilities Management Department (FMD) throughout Maricopa County. Major retrofits and projects will be requested through the use of quotes from all Contractors awarded to this contract, at the time of the project. 1.2 Each bidder shall be ranked as First Call, Second Call, and Third Call, so on and so forth. The Contractor of record having the lowest labor rate bid for normal business hours shall be called first by the requesting department for time and materials service work. If the contractor is unable to respond in the time parameters, the requesting agency shall proceed to the next lowest bidder. 1.3 Other governmental entities under agreement with the County may have access to services provided hereunder (see also Sections 3.9 and 3. 10, below). 1.4 The County reserves the right to add additional contractors, at the County's sole discretion, in cases where the currently listed contractors are of an insufficient number or skill -set to satisfy the County's needs or to ensure adequate competition on any project or task order work. 2.0 SPECIFICATIONS: 2.1 The work shall consist of repairs, maintenance, retrofitting (replacement of like -for -like with the exception of technology or inadequate performance of the unit), for the following HVAC groups, but not limited to: 2.2 Group 1: Residential, 1.5 ton through 20 ton units: 2.2.1 Package air conditioning units 2.2.2 Air conditioning compressors: 2.2.2.1 Hermetic 2.2.2.2 SEMI Hermetic 2.2.2.3 Open Drive Reciprocating 2.2.3 HVAC/split systems/remote condensing units 2.2.4 Evaporative Cooler 2.3 Group 2: Commercial/Industrial, 1.5 ton through 250 ton: 2.3.1 Package Air Conditioning Units 2.3.2 Air Washers 2.3.3 Fan Coils & Air Handlers 2.3.4 Gas Fired Heating Systems 2.3.5 Chilled Water Systems 2.3.6 Condenser/chilled water pumps: 2.3.6.1 Centrifugal SERIAL 15049-S 2.3.6.2 Submersible 2.3.6.3 Vertical 2.3.6.4 Turbine 2.3.7 Cooling towers: 2.3.7.1 Drift Eliminators 2.3.7.2 Spray Nozzles 2.3.7.3 Float Mechanisms 2.3.7.4 Drive Motors, Shafts, and Bearings 2.3.7.5 Fan and Fan Assemblies 2.3.8 Variable Air Volume (VAV) units 2.3.9 Associated support components: 2.3.9.1 Distribution Piping/Plumbing Including Component Parts 2.3.10 Electrical Components and Devices: 2.3.10.1 Contactors 2.3.10.2 Stand Alone Thermostats 2.3.10.3 Magnetic Starters 2.3.10.4 Transmitters 2.3.11 Duct: 2.3.11.1 Fabrication, Design And Installation 2.3.11.2 Repair 2.3.11.3 Distribution diffusers 2.3.12 Pneumatic Controls: 2.3.12.1 Repair, Replace, Calibrations 2.3.12.2 Repairs to the Pneumatic System 2.3.13 Air/Dirt Separator Units 2.3.14 Solar Thermal Systems 2.3.14.1 Solar Panel Array 2.3.14.2 Pumps 2.3.14.3 Piping/plumbing including component parts 2.3.14.4 Valves and Valve assemblies SERIAL 15049-5 2.3.14.5 Glycol makeup 2.3.14.6 Sensors and relays 2.4 Contractor(s) shall supply all labor, supervision, materials, tools, equipment, and all effort necessary required to repair, retrofit, or replacement of HVAC systems and products used in the residential, commercial, and industrial environments. 2.5 Machinery/equipment that will be rented as additional cost and used indirectly to the HVAC industry for the performance of normal services, such as, but not limited to: 2.5.1 Backhoes 2.5.2 Jackhammers 2.5.3 Concrete cutters 2.5.4 Excavators 2.5.5 Chain hoists 2.5.6 Cranes 2.5.7 These items (and other approved equipment), if rented from a rental contractor, will be allowed the rental charge plus an administrative mark-up cost not to exceed five percent (5%). 2.6 HOURS OF SERVICE: 2.6.1 REGULAR HOURS are between 6:00 AM and 6:00 PM, Monday through Friday, excluding County holidays. 2.6.2 AFTER HOURS is after 6:00 PM and prior to 6:00 AM, Monday through Friday. 2.6.3 WEEKENDS are anytime Saturday or, Sunday. 2.6.4 HOLIDAYS are County Holidays (See County holiday schedule attachment). 2.6.5 Services shall be available 24/7, 365 days per year. 2.6.6 Contractor shall provide 24/7; 365 days per year telephone access, and respond to a call for services within thirty (30) minutes of receipt. 2.7 RESPONSE TIMES: 2.7.1 During REGULAR HOURS, AFTER HOURS, WEEKEND or HOLIDAYS, Contractor shall respond on-site within four (4) hours of receipt of a service request. 2.7.2 If the request is designated by the County as an EMERGENCY, the contractor shall respond on-site within two hours of receipt of a service request regardless of the time of day, WEEKEND or HOLIDAY. 2.8 TRIP CHARGE: 2.8.1 Trip charges are permitted when time and material work is requested at the following sites only: 2.8.1.1 MCSO Lake Aid Stations (Apache, Bartlett, Blue Point, Canyon and Saguaro) SERIAL 15049-5 2.8.1.2 County offices located in Gila Bend, AZ 2.8.1.3 County offices located in Buckeye, AZ 2.8.1.4 County offices located in Aguila, AZ 2.8.1.5 Only one trip charge may be charged per service call. 2.8.1.6 If the contractor arrives onsite and is unable to locate a County representative familiar with the work or unable to gain access to the work site, the Contractor may only bill for a trip charge. The Contractor is not authorized to incur nor will the County accepting billing for any labor charges. 2.9 CONTRACTOR REQUIREMENTS: 2.9.1 Contractor(s) shall supply all labor, supervision, materials, tools, equipment, and effort necessary to perform the Scope of Work presented. 2.9.2 The Contractor's service truck fleet and/or warehouse shall carry sufficient supply of repair parts and equipment to perform services per Scope of Work presented. 2.9.3 The Contractor agrees to utilize only experienced, responsible and capable people in the performance of the work. 2.9.4 All employees of the Contractor shall wear a company uniform identified with the company name consisting of a minimum of one of the following: 2.9.4.1 Shirt/blouse 2.9.4.2 Vest 2.9.4.3 Cap 2.9.5 No one except authorized employees of the Contractor is allowed on the premises of Maricopa County. Contractor's employees are NOT to be accompanied in their work area by acquaintances, family members, assistants, or any other person unless said person is an authorized employee of the Contractor. 2.9.6 The Contractor shall perform the work in a way to minimize disruption to the normal operation of building occupants. Upon completion of work the Contractor shall clean and remove from the job site all debris, materials and equipment associated with the work performed. 2.9.7 Contractor shall adhere to all regulations, rules, ordinances, and standards set by Federal, State, County, and Municipal governments pertaining to safety on the job site. 2.10 BUILDING SECURITY (KEYS): 2.10.1 The Contractor may be provided keys to required County Facilities at the discretion of FMD. Keys maybe acquired by: 2.10.2 The Contractor being provided permanent key(s), wherein the Contractor verifies receipt of and accepts responsibility for keys. The keys must be returned at the completion of the work or at the direction of FMD. Keys not returned may cause the County to re -key the ENTIRE building or locations that the set of keys opened with the cost being borne by the Contractor. SERIAL 15049-S 2.10.3 In lieu of or in addition to keys, the Contractor may be provided card access badges at the discretion of FMD. 2.10.4 The Contractor shall notify FMD within twenty-four (24) hours if any keys are lost, misplaced, stolen or otherwise not within the Contractor's control. 2.10.5 Once the Purchase Order is complete, expired, or terminated the Contractor shall immediately return all badges and keys to FMD. 2.11 SALVAGE: Salvage rights shall be evaluated on a project by project basis by the County and shall be determined prior to incorporation in the contractor's bid price. Salvage rights automatically apply for all work if in the best interest to the County. Salvageable materials without pre -approved contractor salvage rights shall be securely stored and are not to be transported off the site without written permission from Maricopa County. If contractor is given salvage rights, salvageable materials shall be removed daily. No on site storage of contractor's salvaged materials will be permitted. 2.12 INVOICES AND PAYMENTS: For Time & Material work, Contractor(s) must provide, at Contractor's own expense, all equipment, expendable shop supplies (rags, cleaners, solvents, gasses, etc.), miscellaneous parts (screws, bolts nuts, small items etc.), tools, etc. necessary to perform all the required services. This shall be all inclusive as "cost of doing business" and as such, be included in the contracted labor rates. Contractor(s) are allowed a one-time Misc. Shop fee charge of up to $25.00 per work order to cover these types of expenses. Anything beyond the $25 limit, will be provided at the contractor's own expense. Invoices are required to contain the following information: Company name, address and contact information County bill -to name and contact/requestor information Building Name and Building Number County contract number or County purchase order number Maximo (FMD) service call number Invoice number and date Date of service or delivery Description of Purchase (services performed) Labor breakdown: rate per hour x no. of hours by personnel type Material breakdown: itemized parts list to contain unit price x quantity, indicating mark-ups as contracted) Arrival and completion time Total Amount Due with tax amounts separated. Must also clearly indicate the tax rate being applied Payment Terms 2.13 CONTRACTOR EMPLOYEE BACKGROUND CHECK: A background check is required for all Contractor employees providing services to the County. The cost of this service shall be incurred by the County. No Contractor employee may access County property without approval of FMD. Bidders/proposers need to be aware that there may be multiple background checks (Sheriff's Office, County Attorney's Office, Courts as well as Maricopa County general government) to determine if the respondent is acceptable to do business with the County. This applies to (but is not limited to) the company, sub -contractors and employees and the failure to pass these checks shall deem the respondent non -responsible. SERIAL 15049-5 2.14 PROJECT WORK AND TIME AND MATERIALS: 2.14.1 Project work shall mean work performed on major retrofits/repairs, which, in the best interest of the County, would be more advantageous to be performed as "all inclusive" as opposed to time and materials. Each of the contractors assigned to this contract shall be provided a request for project quote with a detailed Scope of Work. As such, each contractor MUST submit a response, with award to the lowest quote of the project. Contractors are not to submit their own project quote sheets. Only County letterhead quote sheets are acceptable. All terms and conditions are those established under this agreement. All additional labor charges outside the Scope of Work are those established on the pricing page of the Contractor. 2.14.2 The threshold from time and materials to project work shall be ($5000 $10,000). Exceptions to this shall be emergencies that arise and must be dealt with immediately without the time for project quotes. This figure is not firm fixed. The County reserves the right to adjust this figure to a higher-level if deemed in the best interest of the department. 2.14.3 A construction tax may be applied to the total project cost. This is calculated at 65% of the retail tax rate applied to the combined labor and materials associated with project work. 2.14.4 The County's project quote sheet will contain the following information: 2.14.4.1 The contract serial number; 2.14.4.2 Name and address of site; 2.14.4.3 FMD site ID number; 2.14.4.4 Detailed scope of work, 2.14.4.5 Other information relative to the SOW, 2.14.4.6 Line item, project cost, 2.14.4.7 Check box for "will quote" or "will not quote" the project, 2.14.4.8 Deadlines for quote delivery, 2.14.4.9 Signature line for both the County and the Contractor 2.14.5 After site review of the project, the Contractor must submit the project quote sheet back to the requestor, either with acceptance and a firm price or decline with a written reason explaining why the project was declined. Contractors who have declined project work three times during a six-month period shall be required to attend a meeting with the Office of Procurement Services and FMD to discuss possible default of contract. 2.14.6 The submitted project price quote shall be all-inclusive. Any cost overruns shall be absorbed by the Contractor; or cost savings shall be additional profit. Exceptions shall be changes requested by the County that incur higher project cost and longer delays. All change orders to a project must be in writine, referencing the contract serial number, and approved by FMD (or County user agency if requested by them) prior to any authorization to proceed. Contractor failing to acquire change orders in writing run the risk of incurring these additional costs without payment. ALL contractors shall have an opportunity to quote on project work, and the County user agencies MUST ensure all contractors of record for HVAC services receive such documentation. 2.14.7 Contractors shall be compensated for additional work requested that is not detailed in the scone at labor rates bid on the pricing page of the Contractor. SERIAL 15049-S 2.14.8 This contract may also be used for time and materials work (under $5,000) and priced per hour as bid in the pricing section. Each bidder shall be ranked as first call, second call, third call, and so forth. The contractor of record having the lowest labor bid shall be called first by the requesting department for time and materials service. If the contractor is unable to respond in the time parameters, the requesting agency shall proceed to the next lowest bidder. If the vendor cannot perform work, the County will not be charges for an evaluation. The County will maintain a rank call log. Consistent decline of service requests by a contractor or consistent non-compliance with response time specifications shall cause the County to review the file and make a determination for default of contract. 2.14.9 TIME AND MATERIALS, LABOR HOUR QUOTES: 2.14.9.1 The Contractor, when submitting a quote to perform a T&M HVAC task, shall use his/her quote as an "estimate". The. County will monitor the Contractor's time, ensuring hours spent on each job is verifiable. Only actual hours on the job shall be billed. Exceptions are "project quotes", wherein one price is all- inclusive to perform an entire job. 2.15 DETENTION FACILITIES: 2.15.1 Contractors should be aware to use caution when servicing a detention facility. It shall be a requirement that the Contractor's service vehicle be secured and locked. Tools taken into a detention facility must be monitored and accounted for at all times. 2.15.2 Areas in detention facilities may require the Contractor to make repairs in stages rather than in whole due to the nature of the facility. This should be a consideration when preparing a quote. 2.16 The Contractor shall be responsible for sourcing all HVAC parts/components/units necessary in the repair/replacement of HVAC systems. Exceptions are if in the best interest of the County, to utilize its own HVAC commodity contracts to source said supplies. 2.17 WARRANTY: Replacement parts/components/units shall be new and with minimum warranty of ninety (90) days, unless longer warranties are available from manufacturers. All labor for repairs shall have a 90 -day warranty. 2.18 Contractor must meet all Federal EPA and OSHA guidelines in the proper handling and disposal of refrigerant. 2.19 Repair work for HVAC service shall be performed with the use of one (1) HVAC technician. If needed, Contractor may dispatch a laborer to aid the technician. Any additional technicians or laborers needed for a specific job must be pre -approved by the County user agency. 2.20 TECHNICAL TRAINING TO COUNTY STAFF: The Contractor(s) may be required to provide technical expertise training in HVAC services. These training sessions will be on -request by applicable County agencies. The training requested may be for old or new technology. The training will be held at a County facility, or if deemed necessary, the Contractors facility. Training aids (i.e., service manuals, mock-up equipment; etc.) shall be provided by the Contractor. The County under a separate purchase order may purchase Service manuals. The Contractor shall be given advance notice to prepare, research, and schedule staff in order to provide an adequate presentation. The cost of this service will be line item priced in the pricing section of the contract. Exceptions: equipment units purchased under project work will be specified in the job scope to include training. Technical training shall be performed during regular business hours. SERIAL 15049-S 2.21 Contractor to pay for all connections, installation, use, development, etc. fees and/or charges, and obtain and pay required permits and licenses. These costs to be billed back to the County without mark-up. 2.22 CONTRACTOR QUALIFICATIONS: 2.22.1 Contractor's firm must be in business HVAC service a minimum five (5) years, and completely familiar with the specified requirements and methods needed for proper performance of this contract. Contractor must have a minimum of three (3) fully stocked service vehicles. Proof of these requirements must accompany bid package. 2.22.2 Contractor's technical staff must have CFC certification. Technicians must be thoroughly trained with a minimum of five (5) years' experience in the field of air conditioning and heating, and have Factory Certified Training. Proof of these requirements must accompany bid package. 2.22.3 Contractors shall be licensed by the State of Arizona, Registrar of Contractors, by having an L -39 C-39 license for Air Conditioning and Refrigeration and Solar. Copies of license must accompany bid package. 2.22.4 The Contractors service truck fleet shall carry sufficient supply of repair parts and equipment to perform routine HVAC service and repairs, and hot water boiler service and repair. The Contractor shall have a local shop and/or warehouse that stocks parts to keep their trucks supplied daily. As part of the County's due diligence, these requirements shall be verified by FMD via a formal inspection after bid submittals and prior to bid award. 2.22.5 Contractor MUST meet all Federal E.P.A. and O.S.H.A. guidelines in the proper handling and disposal of refrigerants, refrigerant oils, and refrigerant filters/dryers. 2.23 CONTRACTOR REQUIREMENTS: 2.23.1 All service work performed by Contractor shall be to a professional standard, meeting all required city building codes, and susceptible to Facilities Management staff inspection. Documentation, through an audit and feedback system of contract administration shall be used in this contract, by the Facilities Management Department. 2.23.2 The Contractor shall perform the work in a way to minimize disruption to the normal operation of building tenants. Upon completion of work the Contractor is responsible for cleaning and removing form the job site all debris, materials and equipment associated with the work performed, having sign -off by user agency, or Facilities Management. 2.23.3 The Contractor shall make necessary repairs to HVAC units in such a manner that does not damage County property. In the event damage occurs to Maricopa County property, or any adjacent property by reason of any repairs or installations performed under this Contract, the Contractor shall replace or repair the same at no cost to the County. If damage caused by the Contractor has to be repaired or replaced by the County, the cost of such work shall be deducted from the monies due the Contractor. 2.23.4 In the event the work performance of the Contractor is unsatisfactory, the Contractor will be notified by FMD and be given 4 hours to correct the work. Labor for all re -work will be at no cost to the County. Any additional parts replaced shall be billed at contract pricing. 3.0 PURCHASING REQUIREMENTS: 3.1 ACCEPTANCE: Upon delivery and successful installation, the material(s) shall be deemed accepted and the warranty period shall begin. All documentation shall be completed prior to final acceptance. SERIAL 15049-5 3.2 FACTORY AUTHORIZED SERVICE AVAILABILITY: The Contractor shall have and maintain a local factory authorized service facility within the Phoenix, Arizona metropolitan area. The facility shall be capable of supplying and installing component parts, troubleshooting, repairing and maintaining the material(s). Minimum service hours shall be from 8:00 A.M. through 5:00 P.M., Arizona Time, Monday through Friday. 3.3 USAGE REPORT: The Contractor shall furnish the County a usage report upon request delineating the acquisition activity governed by the Contract. The format of the report shall be approved by the County and shall disclose the quantity and dollar value of each contract item by individual unit. 3.4.1 r....._0..eS c.,, fequifedt ...,main the fellowing infefmation- 3.4.1.1 Company name, addfess and eontae 3.4.1.2 Count. `ill to .......e and c.,...".,.... f4.. alien 3.4.1.3 Building Name and n..:ia:_.. Numbe_ 3.4.1.4 C,..... ..._,.haSe orde.,......u.._ 3.4.1.5 Maximo (12141)) ...,_.:__ __ii _ unhp_ 3.4.1.6 inyei e _...,_h-.._ „_a da- ._ 3.4.1.7 Date of s@FN,iee 9F delivery 3.4.1.8 DeseFiptian of Pu:ehase (sen : e ,._F,._tne,n 3.4.1.9 Pres per unix.,..-ofd 3.4.1.10 Emeaded pfiee 3.4.1.11ffi al and ,..__,..t:,._ time 3.4.1.12 Tota-�.�-.- meut_.._tDue 3.4.2 Billable Parts Pricing: 3.4.2.1 All parts sold to the County MUST be itemized and priced in one of two formats: 3.4.2.1.1 Priced separately as: 3.4.2.1.1.1 Contractor's cost, then cost + percentage price (i.e., $25.00 [contractor's cost] $30.00 [cost + percentage]), or 3.4.2.1.1.2 Parts priced singularly (contractor's cost + percentage, i.e., $30.00), with a statement at the bottom of invoice that states "The above parts pricing reflects XX% over cost." 3.4.3 Invoicing for project work must contain: 3.4.3.1 Contract serial number; 3.4.3.2 Purchase order number (If used); 3.4.3.3 Terms as bid; 3.4.3.4 Description of work performed; 3.4.3.5 Location of job site and FMD site number); 3.4.3.6 Project cost as quoted; 3.4.3.7 Applicable construction tax if required (65% of retail tax rate); 3.4.3.8 Grand total; 3.4.3.9 Attached to the invoice must be the project quote sheet and all change orders. 3.4.4 Invoicing that does not have all the required information as listed above, will be sent back for corrections, delaying payment to the Contractor. SERIAL 15049-5 3.4.5 Problems regarding billing or invoicing shall be directed to the using agency as listed on the Purchase Order. 3.4.6 Payment may be made to the Contractor by Accounts Payable through the Maricopa County Vendor Express Payment Program. This is an Electronic Funds Transfer (EFT) process. After Award the Contractor shall fill out an EFT Enrollment form (to be provided by the Procurement Officer) or as located on the County Department of Finance Website as a tillable PDF document (www.maricopa.gov/finance/). 3.4.7 EFT payments to the routing and account numbers designated by the Contractor will include the details on the specific invoices that the payment covers. The Contractor is required to discuss remittance delivery capabilities with their designated financial institution for access to those details. 3.5 APPLICABLE TAXES: 3.5.1 Payment of Taxes: The Contractor shall pay all applicable taxes. With respect to any installation labor on items that are not attached to real property performed by Contractor under the terms of this Contract, the installation labor cost and the gross receipts for materials provided shall be listed separately on the Contractor's invoices. 3.5.2 State and Local Transaction Privilege Taxes: Maricopa County is subject to all applicable state and local transaction privilege taxes. To the extent any state and local transaction privilege taxes apply to sales made under the terms of this contract it is the responsibility of the seller to collect and remit all applicable taxes to the proper taxing I urisdiction of authority. 3.5.3 Tax Indemnification: Contractor and all subcontractors shall pay all Federal, state, and local taxes applicable to its operation and any persons employed by the Contractor. Contractor shall, and require all subcontractors to hold Maricopa County harmless from any responsibility for taxes, damages and interest, if applicable, contributions required under Federal, and/or state and local laws and regulations and any other costs including transaction privilege taxes, unemployment compensation insurance, Social Security and Worker's Compensation. 3.6 TAX (SERVICES): No tax shall be levied against labor. It is the responsibility of the Contractor to determine any and all taxes and include the same in proposal price. 3.7 DELIVERY: It shall be the Contractor's responsibility to meet the proposed delivery requirements. Maricopa County reserves the right to obtain services on the open market in the event the Contractor fails to make delivery and any price differential will be charged against the Contractor. 3.8 POST AWARD MEETING: The Contractor may be required to attend a post -award meeting with the Using Agency to discuss the terms and conditions of this Contract. This meeting will be coordinated by the Procurement Officer of the Contract. 3.9 STRATEGIC ALLIANCE for VOLUME EXPENDITURES ($AVE): The County is a member of the $AVE cooperative purchasing group. $AVE includes the State of Arizona, many Phoenix metropolitan area municipalities, and many K-12 unified school districts. Under the $AVE Cooperative Purchasing Agreement, and with the concurrence of the successful Respondent under this solicitation, a member of $AVE may access a contract resulting from a 3.10 3.11 SERIAL 15049-S solicitation issued by the County. If you do not want to grant such access to a member of SAVE, please state so in your proposal. In the absence of a statement to the contrary, the County will assume that you do wish to grant access to any contract that may result from this Request for Proposal. INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENTS (ICPA's): County currently holds ICPA's with numerous governmental entities throughout the State of Arizona. These agreements allow those entities, with the approval of the Contractor, to purchase their requirements under the terms and conditions of the County Contract. Please indicate on Attachment A, your acceptance or rejection regarding such participation of other governmental entities. Your response will not be considered as an evaluation factor in awarding a contract. VOLUNTARY EMPLOYEE DISCOUNTS: 3.11.1 Contractors may voluntarily offer discounts to County employees for products or services provided under this contract. Whether a Contractor offers or does not offer an employee discount is not a factor in nor considered in the evaluation of responses to this solicitation. 3.11.2 Any discount offered is part of a commercial transaction between the contractor and the individual County employee, the County is not a party to the transaction. Any disputes or issue that arises from an individual commercial transaction between the contractor and an individual County employee is a matter between the Contractor and the employee. If a discount is offered, the terms will be announced to County employees. 4.0 CONTRACTUAL TERMS & CONDITIONS: 4.1 4.2 4.3 CONTRACT TERM: This Invitation for Bid is for awarding a firm, fixed-price purchasing contract to cover a term of two (2) years. OPTION TO RENEW: The County may, at its option and with the concurrence of the Contractor, renew the term of this Contract up to a maximum of Four (4) additional years, (or at the County's sole discretion, extend the contract on a month to month basis for a maximum of six (6) months after expiration). The Contractor shall be notified in writing by the Office of Procurement Services of the County's intention to renew the contract term at least thirty (60) calendar days prior to the expiration of the original contract term.. PRICE ADJUSTMENTS: Any requests for reasonable price adjustments must be submitted sixty (60) days prior to the Contract annual anniversary date. Requests for adjustment in cost of labor and/or materials must be supported by appropriate documentation. If County agrees to the adjusted price terms, County shall issue written approval of the change. The reasonableness of the request will be determined by comparing the request with the Consumer Price Index or by performing a market survey. 4.4 FUEL COST PRICE ADJUSTMENT: 4.4.1 This provision provides for limited increased or decreased costs of motor fuels (fuels) used to perform services under this Contract. This provision does not apply to bumer fuel (i.e. propane, natural gas, fuel oil, used motor oil). It applies to motor fuel only. Fuel cost adjustments may be either positive or negative. A positive fuel cost adjustment will result in an increase in payments to Contractor while a negative fuel cost adjustment will result in a decrease in payments to Contractor. SERIAL 15049-5 4.4.2 This provision is intended to minimize risk to both parties to this Contract due to fuel cost fluctuations that may occur during the term of this Contract. This provision is not designed to estimate actual quantities of fuel used in providing services under this Contract, but to provide a reasonable basis for calculating a fuel cost adjustment based on average conditions. 4.4.3 Application of this provision will come into effect upon Contractor submittal of a fuel cost adjustment request. A request may be submitted only when the increased cost of fuel, established as a percentage of total contract price (base fuel cost) upon award of this Contract, exceeds ten (10%) percent of the base fuel cost. The Contractor may request a fuel surcharge no more than four (4) times annually, during the month(s) of March, June, September and December. The request must be submitted no later than the tenth (10'b) of the month. Any surcharge shall be effective the first of the following month after receipt and approval. The date of County approval of a fuel cost adjustment request shall become the base date for any future Contractor adjustment requests. 4.4.4 Contractor shall include, as part of its price bid, the percentage of total contract price fuel represents (e.g., fuel cost equals 10% of Contractor cost) (see also, Attachment A, Vendor Information). This percentage will represent and establish the base fuel cost for this Contract. The base fuel cost shall be established as the due date for submission of proposals for this Contract. All subsequent fuel cost adjustments shall be based upon the date the County approves a Contractor's request for fuel cost adjustment (e.g. fuel cost adjustment approved by County on January 1, 2006, January 1, 2006 becomes base date for any next Contractor request for adjustment). 4.4.5 Fuel Cost Application Requirement. The Contractor must provide documentation including type of motor fuel and fuel invoices with price of the fuel used in providing services under this Contract, from the month bids were due and the month of the cost adjustment request, with any fuel cost adjustment application. The fuel cost adjustment application must be completed with all applicable data, and signed by the Contractor. Any cost adjustment will be calculated by the County by using the bureau of Labor Statistics, Producer Price Index for Gasoline — WPU0571 and #2 Diesel Fuel — WP057303 (http://data.bls.gov/cgi-bin/surveymost?wp). 4.4.6 The fuel surcharge shall be based on the current quarterly index of the West Coast (PADDS) Diesel (On -Highway) -All Types or Reformulated Areas Gasoline compared to the previous quarterly index period as reported on the Energy Information Administration (EIA) website: htti2://www.eia.doe.izov/ 4.4.7 The computation of the fuel surcharge amount shall be determined as follows: 4.4.7.1 The fuel cost component from Attachment A (vendor information) of the Contract with Maricopa County, multiplied by the percent of change indicated by the EIA report from the previous index period. 4.4.7.2 Upon agreement by the County to the surcharge, the County shall issue written approval of the changern for to any adjusted invoicing submitted for payment. 4.4.7.3 The surcharge shall be added as a separate line item to the invoice. 4.5 INDEMNIFICATION: 4.5.1 To the fullest extent permitted by law, and to the extent that claims, damages, losses or expenses are not covered and paid by insurance purchased by the Contractor, the Contractor shall defend indemnify and hold harmless the County (as Owner), its agents, representatives, agents, officers, directors, officials, and employees from and against all claims, damages, losses, and expenses (including, but not limited to attorneys' fees, court costs, expert witness fees, and the costs and attorneys' fees for appellate proceedings) SERIAL 15049-S arising out of, or alleged to have resulted from the negligent acts, errors, omissions, or mistakes relating to the performance of this Contract. 4.5.2 Contractor's duty to defend, indemnify, and hold harmless the County, its agents, representatives, agents, officers, directors, officials, and employees shall arise in connection with any claim, damage, loss, or expense that is attributable to bodily injury, sickness, disease, death or injury to, impairment of, or destruction of tangible property, including loss of use resulting there from, caused by negligent acts, errors, omissions, or mistakes in the performance of this Contract, but only to the extent caused by the negligent acts or omissions of the Contractor, a subcontractor, any one directly or indirectly employed by them, or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss, or expense is caused in part by a party indemnified hereunder. 4.5.3 The amount and type of insurance coverage requirements set forth herein will in no way be construed as limiting the scope of the indemnity in this paragraph. 4.5.4 The scope of this indemnification does not extend to the sole negligence of County. 4.5.5 Each Party (as "indemnitor") agrees to indemnify, defend, and hold harmless the other Party (as "indemnitee") from and against any and all claims, losses, liability, costs, or expenses (including reasonable attorney's fees) (hereinafter collectively referred to as "claims") arising out of the negligent performance of this Agreement, but only to the extent that such claims which result in vicarious/derivative liability to the indemnitee are caused by the act, omission, negligence, misconduct, or other fault of the indemnitor, its officers, officials, agents, employees, or volunteers. 4.6 INSURANCE: 4.6.1 Contractor, at Contractor's own expense, shall purchase and maintain the herein stipulated minimum insurance from a company or companies duly licensed by the State of Arizona and possessing a current A.M. Best, Inc. rating of B++. In lieu of State of Arizona licensing, the stipulated insurance may be purchased from a company or companies, which are authorized to do business in the State of Arizona, provided that said insurance companies meet the approval of County. The form of any insurance policies and forms must be acceptable to County. 4.6.2 All insurance required herein shall be maintained in full force and effect until all work or service required to be performed under the terms of the Contract is satisfactorily completed and formally accepted. Failure to do so may, at the sole discretion of County, constitute a material breach of this Contract. 4.6.3 Contractor's insurance shall be primary insurance as respects County, and any insurance or self-insurance maintained by County shall not contribute to it. 4.6.4 Any failure to comply with the claim reporting provisions of the insurance policies or any breach of an insurance policy warranty shall not affect the County's right to coverage afforded under the insurance policies. 4.6.5 The insurance policies may provide coverage that contains deductibles or self-insured retentions. Such deductible and/or self-insured retentions shall not be applicable with respect to the coverage provided to County under such policies. Contractor shall be solely responsible for the deductible and/or self-insured retention and County, at its option, may require Contractor to secure payment of such deductibles or self-insured retentions by a surety bond or an irrevocable and unconditional letter of credit. 4.6.6 The insurance policies required by this Contract, except Workers' Compensation and Errors and Omissions, shall name County, its agents, representatives, officers, directors, officials and employees as Additional Insureds. SERIAL 15049-5 4.6.7 The policies required hereunder, except Workers' Compensation and Errors and Omissions, shall contain a waiver of transfer of rights of recovery (subrogation) against County, its agents, representatives, officers, directors, officials and employees for any claims arising out of Contractor's work or service. 4.6.8 COMMERCIAL GENERAL LIABILITY: Commercial General Liability insurance and, if necessary, Commercial Umbrella insurance with a limit of not less than $2,000,000 for each occurrence, $4,000,000 Products/Completed Operations Aggregate, and $4,000,000 General Aggregate Limit. The policy shall include coverage for premises liability, bodily injury, broad form property damage, personal injury, products and completed operations and blanket contractual coverage, and shall not contain any provisions which would serve to limit third party action over claims. There shall be no endorsement or modifications of the CGL limiting the scope of coverage for liability arising from explosion, collapse, or underground property damage. 4.6.9 AUTOMOBILE LIABILITY: Commercial/Business Automobile Liability insurance and, if necessary, Commercial Umbrella insurance with a combined single limit for bodily injury and property damage of not less than $1,000,000 each occurrence with respect to any of the Contractor's owned, hired, and non -owned vehicles assigned to or used in performance of the Contractor's work or services or use or maintenance of the Premises under this Contract. 4.6.10 WORKERS' COMPENSATION: 4.6.10.1 Workers' Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction of Contractor's employees engaged in the performance of the work or services under this Contract; and Employer's Liability insurance of not less than $1,000,000 for each accident, $1,000,000 disease for each employee, and $1,000,000 disease policy limit. 4.6.10.2 Contractor, its contractors and its subcontractors waive all rights against Contract and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the Workers' Compensation and Employer's Liability or commercial umbrella liability insurance obtained by Contractor, its contractors and its subcontractors pursuant to this Contract. 4.6.11 CERTIFICATES OF INSURANCE: 4.6.11.1 Prior to Contract AWARD, Contractor shall furnish the County with valid and complete certificates of insurance, or formal endorsements as required by the Contract in the form provided by the County, issued by Contractor's insurer(s), as evidence that policies providing the required coverage, conditions and limits required by this Contract are in full force and effect. Such certificates shall identify this contract number and title. 4.6.11.2 In the event any insurance policy (ies) required by this contract is (are) written on a "claims made" basis, coverage shall extend for two years past completion and acceptance of Contractor's work or services and as evidenced by annual Certificates of Insurance. 4.6.11.3 If a policy does expire during the life of the Contract, a renewal certificate must be sent to County fifteen (15) days prior to the expiration date. SERIAL 15049-S 4.6.12 CANCELLATION AND EXPIRATION NOTICE: Insurance required herein shall not be permitted to expire, be canceled, or materially changed without thirty (30) days prior written notice to the County. 4.7 ORDERING AUTHORITY: 4.7.1 Any request for purchase of product(s) shall be accompanied by a valid purchase order, issued by Office of Procurement Services, a Purchase Order issued by the using Department or direction by a Certified Agency Procurement Aid (CAPA) with a Purchase Card for payment. 4.8 REQUIREMENTS CONTRACT: 4.8.1 Contractors signify their understanding and agreement by signing a bid submittal, that the Contract resulting from the bid is a requirements contract. However, the Contract does not guarantee any minimum or maximum number of purchases will be made. It only indicates that if purchases are made for the materials contained in the Contract, they will be purchased from the Contractor awarded that item. Orders will only be placed when the County identifies a need and proper authorization and documentation have been approved. 4.8.2 County reserves the right to cancel Purchase Orders within a reasonable period of time after issuance. Should a Purchase Order be canceled, the County agrees to reimburse the Contractor for actual and documentable costs incurred by the Contractor in response to the Purchase Order. The County will not reimburse the Contractor for any costs incurred after receipt of County notice of cancellation, or for lost profits, shipment of product prior to issuance of Purchase Order, etc. 4.8.3 Contractors agree to accept verbal notification of cancellation of Purchase Orders from the County Procurement Officer with written notification to follow. By submitting a bid in response to this Invitation for Bids, the Contractor specifically acknowledges to be bound by this cancellation policy. 4.9 SUSPENSION OF WORK: The Procurement Officer may order the Contractor, in writing, to suspend, delay, or interrupt all or any part of the work of this contract for the period of time that the Procurement Officer determines appropriate for the convenience of the County. No adjustment shall be made under this clause for any suspension, delay, or interruption to the extent that performance would have been so suspended, delayed, or interrupted by any other cause, including the fault or negligence of the Contractor. No request for adjustment under this clause shall be granted unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of the suspension, delay, or interruption, but not later than the date of final payment under the contract. 4.10 STOP WORK ORDER: The Procurement Officer may, at any time, by written order to the Contractor, require the Contractor to stop all, or any part, of the work called for by this contract for a period of 90 days after the order is delivered to the Contractor, and for any further period to which the parties may agree. The order shall be specifically identified as a stop work order issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Within a period of 90 days after a stop -work is delivered to the Contractor, or within any extension of that period to which the parties shall have agreed, the Procurement Officer shall either 4.10.1 Cancel the stop -work order; or SERIAL 15049-5 4.10.2 Terminate the work covered by the order as provided in the Termination for Default or the Termination for Convenience of the County clause of this contract. 4.10.3 The Procurement Officer may make an equitable adjustment in the delivery schedule and/or contract price, or otherwise, and the contract shall be modified, in writing, accordingly, if the Contractor demonstrates that the stop work order resulted in an increase in costs to the Contractor. 4.11 UNCONDITIONAL TERMINATION FOR CONVENIENCE: Maricopa County may terminate the resultant Contract for convenience by providing sixty (60) calendar days advance notice to the Contractor. 4.12 TERMINATION FOR DEFAULT: The County may, by written notice of default to the Contractor, terminate this contract in whole or in part if the Contractor fails to: 4.12.1 Deliver the supplies or to perform the services within the time specified in this contract or any extension; 4.12.2 Make progress, so as to endanger performance of this contract; or 4.12.3 Perform any of the other provisions of this contract. 4.12.4 The County's right to terminate this contract under these subparagraphs may be exercised if the Contractor does not cure such failure within 10 days (or more if authorized in writing by the County) after receipt of the notice from the Procurement Officer specifying the failure. 4.13 STATUTORY RIGHT OF CANCELLATION FOR CONFLICT OF INTEREST: Notice is given that pursuant to A.R.S. § 38-511 the County may cancel any Contract without penalty or further obligation within three years after execution of the contract, if any person significantly involved in initiating, negotiating, securing, drafting or creating the contract on behalf of the County is at any time while the Contract or any extension of the Contract is in effect, an employee or agent of any other party to the Contract in any capacity or consultant to any other party of the Contract with respect to the subject matter of the Contract. Additionally, pursuant to A.R.S § 38-511 the County may recoup any fee or commission paid or due to any person significantly involved in initiating, negotiating, securing, drafting or creating the contract on behalf of the County from any other party to the contract arising as the result of the Contract. 4.14 OFFSET FOR DAMAGES: In addition to all other remedies at Law or Equity, the County may offset from any money due to the Contractor any amounts Contractor owes to the County for damages resulting from breach or deficiencies in performance of the contract. 4.15 SUBCONTRACTING: 4.15.1 The Contractor may not assign to another Contractor or Subcontract to another party for performance of the terms and conditions hereof without the written consent of the County. All correspondence authorizing subcontracting must reference the Bid Serial Number and identify the job project. 4.15.2 The Subcontractor's rate for the job shall not exceed that of the Prime Contractor's rate, as bid in the pricing section, unless the Prime Contractor is willing to absorb any higher rates. The Subcontractor's invoice shall be invoiced directly to the Prime Contractor, SERIAL 15049-S who in turn shall pass-through the costs to the County, without mark-up. A copy of the Subcontractor's invoice must accompany the Prime Contractor's invoice. 4.15.3 Should the prime contractor require work outside of their own competency and expertise, they may then use a subcontractor to perform such work. Examples would be, but not limited to: concrete cutting, underground detection, asbestos removal, or concrete removal and reinstallation. In these examples, the work is not HVAC in nature, and therefore the subcontractor may perform the services and bill at the prevailing rate for the service. In this case, the subcontractors accepted charges shall be paid by the prime, and invoiced to the County. 4.15.4 Additionally, insurance and bonding requirements as outlined in this contract shall be a requirement of the subcontractor. 4.16 AMENDMENTS: All amendments to this Contract shall be in writing and approved/signed by both parties. Maricopa County Office of Procurement Services shall be responsible for approving all amendments for Maricopa County. 4.17 ADDITIONS/DELETIONS OF SERVICE: The County reserves the right to add and/or delete materials to a Contract. If a service requirement is deleted, payment to the Contractor will be reduced proportionately, to the amount of service reduced in accordance with the bid price. If additional materials are required from a Contract, prices for such additions will be negotiated between the Contractor and the County. 4.18 ACCESS TO AND RETENTION OF RECORDS FOR THE PURPOSE OF AUDIT AND/OR OTHER REVIEW: 4.18.1 In accordance with section MCI 371 of the Maricopa County Procurement Code the Contractor agrees to retain all books, records, accounts, statements, reports, files, and other records and back-up documentation relevant to this Contract for six (6) years after final payment or until after the resolution of any audit questions which could be more than six (6) years, whichever is latest. The County, Federal or State auditors and any other persons duly authorized by the Department shall have full access to, and the right to examine, copy, and make use of, any and all said materials. 4.18.2 If the Contractor's books, records , accounts, statements, reports, files, and other records and back-up documentation relevant to this Contract are not sufficient to support and document that requested services were provided, the Contractor shall reimburse Maricopa County for the services not so adequately supported and documented. 4.18.3 If at any time it is determined by the County that a cost for which payment has been made is a disallowed cost, the County shall notify the Contractor in writing of the disallowance. The course of action to address the disallowance shall be at sole discretion of the County, and may include either an adjustment to future invoices, request for credit, request for a check or deduction from current billings submitted by the Contractor by the amount of the disallowance, or to require reimbursement forthwith of the disallowed amount by the Contractor by issuing a check payable to Maricopa County. 4.19 VALIDITY: The invalidity, in whole or in part, of any provision of this Contract shall not void or affect the validity of any other provision of the Contract. SERIAL 15049-S 4.20 RIGHTS IN DATA: The County shall have the use of data and reports resulting from a Contract without additional cost or other restriction except as may be established by law or applicable regulation. Each party shall supply to the other party, upon request, any available information that is relevant to a Contract and to the performance thereunder. 4.21 RELATIONSHIPS: 4.21.1 In the performance of the services described herein, the Contractor shall act solely as an independent contractor, and nothing herein or implied herein shall at any time be construed as to create the relationship of employer and employee, co -employee, partnership, principal and agent, or joint venture between the County and the Contractor. 4.21.2 The County reserves the right of final approval on proposed staff for all Task Orders. Also, upon request by the County, the Contractor will be required to remove any employees working on County projects and substitute personnel based on the discretion of the County within two business days, unless previously approved by the County. 4.22 NON-DISCRIMINATION: CONTRACTOR agrees to comply with all provisions and requirements of Arizona Executive Order 2009-09 including flow down of all provisions and requirements to any subcontractors. Executive Order 2009-09 supersedes Executive order 99-4 and amends Executive order 75-5 and may be viewed and downloaded at the Governor of the State of Arizona's website httl2:Hazmemory.azlibrary.gov/cdm/singleitem/collection/execorders/id/680/rec/1 which is hereby incorporated into this contract as if set forth in full herein. During the performance of this contract, CONTRACTOR shall not discriminate against any employee, client or any other individual in any way because of that person's age, race, creed, color, religion, sex, disability or national origin. 4.23 CERTIFICATION REGARDING DEBARMENT AND SUSPENSION 4.23.1 The undersigned (authorized official signing for the Contractor) certifies to the best of his or her knowledge and belief, that the Contractor 4.23.1.1 is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal Department or agency; 4.23.1.2 have not within 3 -year period preceding this Contract been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 4.23.1.3 are not presently indicted or otherwise criminally or civilly charged by a government entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (2) of this certification; and 4.23.1.4 Have not within a 3 -year period preceding this Contract had one or more public transaction (Federal, State or local) terminated for cause of default. 4.23.2 The Contractor agrees to include, without modification, this clause in all lower tier covered transactions (i.e. transactions with subcontractors) and in all solicitations for lower tier covered transactions related to this Contract. SERIAL 15049-5 4.24 VERIFICATION REGARDING COMPLIANCE WITH ARIZONA REVISED STATUTES §41- 4401 AND FEDERAL IMMIGRATION LAWS AND REGULATIONS: 4.24.1 By entering into the Contract, the Contractor warrants compliance with the Immigration and Nationality Act (INA using e -verify) and all other federal immigration laws and regulations related to the immigration status of its employees and A.R.S. §23-214(A). The contractor shall obtain statements from its subcontractors certifying compliance and shall fumish the statements to the Procurement Officer upon request. These warranties shall remain in effect through the term of the Contract. The Contractor and its subcontractors shall also maintain Employment Eligibility Verification forms (I-9) as required by the Immigration Reform and Control Act of 1986, as amended from time to time, for all employees performing work under the Contract and verify employee compliance using the E -verify system and shall keep a record of the verification for the duration of the employee's employment or at least three years, whichever is longer. I-9 forms are available for download at USCIS.GOV. 4.24.2 The County retains the legal right to inspect contractor and subcontractor employee documents performing work under this Contract to verify compliance with paragraph 4.24 of this Section. Contractor and subcontractor shall be given reasonable notice of the County's intent to inspect and shall make the documents available at the time and date specified. Should the County suspect or find that the Contractor or any of its subcontractors are not in compliance, the County will consider this a material breach of the contract and may pursue any and all remedies allowed by law, including, but not limited to: suspension of work, termination of the Contract for default, and suspension and/or debarment of the Contractor. All costs necessary to verify compliance are the responsibility of the Contractor. 4.25 CONTRACTOR LICENSE REQUIREMENT: 4.25.1 The Respondent shall procure all permits, insurance, licenses and pay the charges and fees necessary and incidental to the lawful conduct of his/her business, and as necessary complete any required certification requirements, required by any and all governmental or non-govemmental entities as mandated to maintain compliance with and in good standing for all permits and/or licenses. The Respondent shall keep fully informed of existing and future trade or industry requirements, Federal, State and Local laws, ordinances, and regulations which in any manner affect the fulfillment of a Contract and shall comply with the same. Contractor shall immediately notify both Office of Procurement Services and the using agency of any and all changes concerning permits, insurance or licenses. 4.25.2 Respondents furnishing finished products, materials or articles of merchandise that will require installation or attachment as part of the Contract, shall possess any licenses required. A Respondent is not relieved of its obligation to posses the required licenses by subcontracting of the labor portion of the Contract. Respondents are advised to contact the Arizona Registrar of Contractors, Chief of Licensing, at (602) 542-1525 to ascertain licensing requirements for a particular contract. Respondents shall identify which license(s), if any, the Registrar of Contractors requires for performance of the Contract. 4.26 INFLUENCE As prescribed in MCI -1202 of the Maricopa County Procurement Code, any effort to influence an employee or agent to breach the Maricopa County Ethical Code of Conduct or any unethical conduct may be grounds for Disbarment or Suspension under MCI -902. An attempt to influence includes, but is not limited to: 4.26.1 A Person offering or providing a gratuity, gift, tip, present, donation, money, entertainment or educational passes or tickets, or any type valuable contribution or subsidy, SERIAL 15049-5 4.26.2 That is offered or given with the intent to influence a decision, obtain a contract, garner favorable treatment, or gain favorable consideration of any kind. If a Person attempts to influence any employee or agent of Maricopa County, the Chief Procurement Officer, or his designee, reserves the right to seek any remedy provided by the Maricopa County Procurement Code, any remedy in equity or in the law, or any remedy provided by this contract. 4.27 PUBLIC RECORDS All Offers submitted and opened are public records and must be retained by the Records Manager at the Office of Procurement Services. Offers shall be open to public inspection after Contract award and execution, except for such Offers deemed to be confidential by the Office of Procurement Services. If an Offeror believes that information in its Offer should remain confidential, it shall indicate as confidential, the specific information in its offer and submit a statement with its offer detailing the reasons that the information should not be disclosed. Such reasons shall include the specific harm or prejudice which may arise. The Records Manager of the Office of Procurement Services shall determine whether the identified information is confidential pursuant to the Maricopa County Procurement Code and the Arizona Public Records Law. 5.1 HOURS OF SPRIAG& shall respond efi WMM7VWZiULARHOURS, AFTER HOURS, WEEKEND OF HOLIDAYs, CentFae4ef SERIAL 15049-S 5.5.1 5.5.2 5.5.3 SERIAL 15049-S mateFials shall be Feffi8N-ed dail�'. Ne efi site steFage of oontFaetef's salvaged matefials M,41 --be 13eigniaed. 5.7.1 equipment, expendable shep supplies (fags, eleaneFs, selventsgesses,,eta+ all the req .:_..a ,._ �. shall e ' all :_,.i»,.:..e as"east tools, f doing a as sash, be accounted fef in the sontmeted labor fates. t e fed to ... the f l....:_ :_r "'y , ..�..,.�g .r.r4-...n.,o.r 5.7.2 Ga..._.._. name, addFess gad .,.,... ..,.or..,a.,o. 5.7.3 Count- b;.: 4e .......e and e et4eque..te infeffnation 5.7.4 Building Name and Building wu.....u,._ 5.7.5 Goui4ty...._,.uase Ofd@_. b.._ 5.7.6 County .......t_aot.. ....L.._ 5.7.7 Mwkim_ (nnem ,,,._ iee eall _ ......t.._ 5.7.8 r..... iee _....-L__ and date 5.7.9 Date ef seFN,iee of deliveFy 5.7.10 Dese_:_t:,.., of n ._..u....,, (.tett. 'oes peFr.._.,., a) 5.7.11 La.,.,..,.,»....... e Mw_ _ x _ __l type) 5.7.12 ups as eontfaeted) 5.7.13 Affi al and w..,pletien ti:.,- 5.7.14 5.7.15 EXHIBIT B TO COOPERATIVE PURCHASING AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND BEL-AIRE MECHANICAL, INC. [Proposal] See following pages. 2609584.1 B%A�r MECHANICAL December 3, 2014 Mr. Raymond Rees Facilities/Environmental Supervisor Town of Fountain Hills 16705 E. Avenue of the Fountains Fountain Hills, AZ 85268 Reference: Replacement of Cooling Tower #1 Belaire Mechanical is pleased to provide this proposal to provide materials, labor and subs to replace cooling tower # 1 per the following scope of work: Project Scope • Lockout/tag out Tower • Disconnect Piping & Electrical from Tower • Using a local crane service remove and dispose of Tower • Supply and set new Tower into place • Seal Tower as necessary • Re -use existing Electrical Feed (making modifications as necessary) • Wire in to existing starter • Fabricate and install carbon steel spool pieces for proper condenser water connections • Perform Start-up as per factory requirements - Check motor rotation - Check and adjust Belt Deflection - Tighten all Electrical Connections - Grease bearings Proposed Equipment - Baltimore Aircoil Co. Model S15E-1285-06KN, Induced Draft, Crossflow Cooling Tower - CTI Certified Thermal Performance - 10 HP TEAO Premium Efficiency Inverter Duty Motor - One Speed/One Winding 460/3/60 - G354Steel Panels and Structural - PVC Fill and Drift Eliminators - External Service Platform w/ Ladder and Safety Cage, Internal Walkway The cost for the above referenced proposal will be ...........................................$47,698.00 This includes materials, labor, subs and applicable sales taxes. Exclusions: Premium labor, structural supports, painting and any work not mentioned in the above scope. Ed Perez I Sales & Estimation I Bel -Aire Mechanical, Inc. 4201 North 47t" Avenue Phoenix, Arizona 85031 P623-846-8661 I F623-846-8761 I M480-266-2780 I eperez@belairemechanical.com /n; AIN Illi Z Z 0 9i�tnat�... �ryor Meeting Date: 3/3/2016 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 with possible direction to staff regarding various proposed code changes. 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 November 10, 2015, Council workshop, the Town Council reviewed a number of ordinances and town codes for possible amendments. Leading up to the workshop, Mayor Kavanagh and individual Councilmembers expressed concern that there were a number of Town codes and ordinances that needed to be updated as they were not business -friendly or were not in step with the times. At the Town Council meeting on February 4, 2016, the Town Council was asked to prioritize the sections of ordinances and town codes so that staff can begin drafting and bringing back the updates for Council consideration and possible adoption. After receiving the list of priorities from individual members of the Town Council, staff compiled the rankings of the sections of the ordinances and town codes in the attached table. As the attached table indicates, there was clear consensus on six items as shown in yellow. The next set of priorities is indicated in the green color. The Mayor and Council will have an opportunity to direct staff to begin working on updating the ordinances and town codes at the Town Council meeting on March 3, 2016. If Councilmembers wish to recommend additional items for consideration, then they may determine the priority of these items at the meeting on March 3, 2016. 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 Page 1 of 2 If Multiple Funds utilized, list here: Budgeted; if No, attach Budget Adjustment Form: NA Recommendation(s) by Board(s) or Commission(s): NA Staff Recommendation(s): That the Town Council provide direction to staff by prioritizing the Town Codes and Ordinances identified at the Council workshop on November 10, 2015. List Attachment(s): Table of Ordinances and Town Codes for Possible Amendments SUGGESTED MOTION (for council use): Move to approve a prioritized list of Town Code and direct staff to bring back amended ordinances to the Council for consideration and possible adoption. Prepared by: NA 2/25/2016 Director's Approval: Approved: Gra y E. Mi o n Manager 2/25/2016 Page 2 of 2 Ordinance/Chapter/Section Issue Suggested solution Priority Commercial/Industrial/ Concept Plan submittal requires full set Define Concept Plan & Site Plan 1 1 1 1 1 1 1 Multi -Family Concept Plans of plans, costly process for developer (idea); develop Site Plan Review before it's known if their plan will be (sneak peak approach) and what's approved; past role in '90's was included in an administrative preservation & to protect — different approval process time now Construction fence requirement for Allow all disturbance area to be 3 3 1 3 3 2 2 hillside protection cause issues used by the owner with fences optional; contact HOAs who may have mirrored Town's codes Zoning Ordinance Recommendations on Chapter Future development sign required to be Allow future development signs to 1 1 2 1 1 3 1 6.08, Paragraph 1 removed after the first house is sold remain until the last lot has closed and a Certificate of Occupancy is escrow or developer decides to obtained take it down; require sign language to be updated Chapter 10.02, Paragraph 13.F A detached Guest House shall not Remove restriction and allow 2 1 1 2 2 1 1 contain: 1. An attached garage. 2. Kitchen facilities (oven or stove). Zoning Ordinance Disturbable area for the older lots of 4x Return language to Code 2 1 3 2 1 3 1 roof footprint on larger than R-10 lots Zoning Ordinance Use of decomposed granite Allow use on private property as 2 3 3 2 3 3 2 long as not dedicated to the Town for maintenance & liability Article 5, Section 5.06 Retaining walls requirements currently Adjust retaining walls 2 2 1 1 2 1 1 make some subdivisions look like a requirements for aesthetics [walls fortress greater than 15% slope maximum height to be 12 feet and the average height to be 10 feet — smaller wall in front to break It up] Chapter 2.02, Paragraph E, Temporary Use Height of RV garages, attached and Revise to allow 3 2 2 3 3 2 2 Permits detached Ordinance/Chapter/Section Issue Suggested solution Priority Chapter 10.03, Paragraph D.2 - Master Planned Only permitted uses to include all of Expand permitted use to include 3 3 2 3 2 2 1 Village Sales and Information Center the following within the development all sales (a) Represent Builders for Custom Homes; b) Represent Spec Homes for Sale, and c) Represent Resale Lots and Resale Homes Subdivision Ordinance, Section 5 As currently written, may not be Create commercial landscape 2 3 1 2 1 3 3 applying appropriate codes correctly section separate from residential landscape section Section 1.08 #4 - Powers & Duties of the Zoning Remove interpretation ambiguity Hold to the letter of the Code; 1 2 1 3 1 1 3 Ordinance. identify who should hold the "zoning administrator" position; item parked for further discussion Sunset Clausing of Zoning Housekeeping of various properties Utilize a planning consultant in the 1 1 2 3 3 1 3 within the General Plan for zoning future; Evaluate properties for compliance; Prop 207 claims time condition zoning and as far as General Plan compliance with the Zoning Ordinance Items listed in Red — Memo dated 11/4/15 from Clean-up and Consistency Revise & reference correct AZ 1 2 2 2 2 2 3 Paul Mood, Dir. Of Dev. Services Revised Statutes where appropriate 5.09 (C) of the Zoning Ordinance, Walls and Section needs to be more concise. Revise to allow staff authority to 2 2 2 1 2 1 3 Fences - Materials and Design. deny requests for chain link fences in residential areas except for things like tennis courts and dog runs. 7.02 (G) of the Zoning Ordinance - Commercial Commercial vehicles parked in front of Town Attorney suggested a hold 3 3 3 3 3 3 2 Vehicle Parking businesses and the number allowed on this item based upon the Smaller vehicles that have commercial outcome of the Reed court case signs on them in residential areas Ordinance/Chapter/Section Issue Suggested solution Priority Town Code 11-1-15 (Offenses) Smoking Clarify where public smoking is Prohibit smoking at public outdoor 3 2 3 1 1 1 2 Prohibited prohibited events and children's playgrounds; include E -cigarettes prohibition — staff to look at Scottsdale's ordinances Set Plan Review periods Review time for a second submission of Simplify and streamline the review 1 1 1 1 1 2 1 redlined plans time of redlined plans Town Code - Chapter 9, Article 9-4 No Rules for the Plaza. Add the Plaza with a back slash (/) 3 2 2 2 2 2 3 that reads Park/Plaza Rules and Regulations; add alcohol not allowed in the Plaza Firearms and Weapons Compliance with State law Add language to the Town Code 2 1 3 3 2 2 3 and new signage at Fountain Park Section 9-3-3, #15, the Director has the Moratorium issued on the flying of Add use of drones to the Special 1 3 3 1 3 3 2 authority to establish new Park rules drones in the parks due to public safety Event Permit and amend the concerns. Plaza needs to be added ordinance to address concerns under this section once the FAA issues guidelines Signs that say no skateboards, rollerblades, Restricted only at the amphitheater. New, larger sign at the 3 3 3 2 3 3 2 inline skates, and bicycles. amphitheater or better placement of existing signage. Ordinance/Chapter/Section Issue Suggested solution Commercial/Industrial/ Concept Plan submittal requires full set Define Concept Plan & Multi -Family Concept Plans of plans, costly process for developer Site Plan (idea); develop before it's known if their plan will be Site Plan Review (sneak approved; past role in `90's was peak approach) and preservation & to protect — different what's included in an time now administrative approval process Construction fence requirement for Allow all disturbance area hillside protection cause issues to be used by the owner with fences optional; contact HOAs who may have mirrored Town's codes Zoning Ordinance Future development sign required to Allow future development Recommendations on Chapter be removed after the first house is sold signs to remain until the 6.08, Paragraph 1 and a Certificate of Occupancy is last lot has closed escrow obtained or developer decides to take it down; require sign language to be updated Chapter 10.02, Paragraph 13.F A detached Guest House shall not Remove restriction and contain: allow 1. An attached garage. 2. Kitchen facilities (oven or stove). Zoning Ordinance Disturbable area for the older lots of 4x Return language to Code roof footprint on larger than R-10 lots Zoning Ordinance Use of decomposed granite Allow use on private property as long as not dedicated to the Town for maintenance & liability Article 5, Section 5.06 Retaining walls requirements currently Adjust retaining walls make some subdivisions look like a requirements for fortress aesthetics [walls greater than 15% slope maximum height to be 12 feet and the average height to be 10 feet — smaller wall in front to break It up] Chapter 2.02, Paragraph E, Height of RV garages, attached and Revise to allow Temporary Use Permits detached Chapter 10.03, Paragraph D.2 - Only permitted uses to include all of Expand permitted use to Master Planned Village Sales the following within the development include all sales and Information Center (a) Represent Builders for Custom Homes; b) Represent Spec Homes for Sale, and c) Represent Resale lots and Resale Homes Ordinance/Chapter/Section Issue Suggested solution Subdivision Ordinance, Section As currently written, may not be Create commercial 5 applying appropriate codes correctly landscape section separate from residential landscape section Section 1.08 #4 - Powers & Remove interpretation ambiguity Hold to the letter of the Duties of the Zoning Ordinance. Code; identify who should hold the "zoning administrator" position; item parked for further discussion Sunset Clausing of Zoning Housekeeping of various properties Utilize a planning within the General Plan for zoning consultant in the future; compliance; Prop 207 claims Evaluate properties for time condition zoning and as far as General Plan compliance with the Zoning Ordinance Items listed in Red — Memo Clean-up and Consistency Revise & reference dated 11/4/15 from Paul correct AZ Revised Mood, Dir. Of Dev. Services Statutes where appropriate 5.09 (C) of the Zoning Section needs to be more concise. Revise to allow staff Ordinance, Walls and Fences- authority to deny Materials and Design. requests for chain link fences in residential areas except for things like tennis courts and dog runs. 7.02 (G) of the Zoning Commercial vehicles parked in front of Town Attorney suggested Ordinance - Commercial businesses and the number allowed a hold on this item based Vehicle Parking Smaller vehicles that have commercial upon the outcome of the signs on them in residential areas Reed court case Town Code 11-1-15 (Offenses) Clarify where public smoking is Prohibit smoking at public Smoking Prohibited prohibited outdoor events and children's playgrounds; include E -cigarettes prohibition — staff to look at Scottsdale's ordinances Set Plan Review periods Review time for a second submission of Simplify and streamline redlined plans the review time of redlined plans Town Code - Chapter 9, Article No Rules for the Plaza. Add the Plaza with a back 9-4 slash (/) that reads Park/Plaza Rules and Regulations; add alcohol not allowed in the Plaza Ordinance/Chapter/Section Issue Suggested solution Firearms and Weapons Compliance with State law Add language to the Town Code and new signage at Fountain Park Section 9-3-3, #15, the Director Moratorium issued on the flying of Add use of drones to the has the authority to establish drones in the parks due to public safety Special Event Permit and new Park rules concerns. Plaza needs to be added amend the ordinance to under this section address concerns once the FAA issues guidelines Signs that say no skateboards, Restricted only at the amphitheater. New, larger sign at the rollerblades, inline skates, and amphitheater or better bicycles. placement of existing signage. J�yTAIN�! c O x � Cts 7 111W Ila W e •1// � -- ods ghat is AY`i TOWN OF FOUNTAIN HILLS OFFICE OF DEVELOPMENT SERVICES INTER OFFICE MEMO TO: Mayor Kavanagh and Town Council DATE: November 4, 2015 FROM: Paul Mood, P.E. Director of Development Services RE: Town Code and Ordinance Updates Below is a list of recommended Town Code and Town Ordinance updates to address common issues that staff and Law Enforcement have encountered. Many of the items are "general housekeeping" and the items that staff feels are most critical are shown in red text. TOWN CODE Article 10-3 — Abandoned Vehicles — This section along with 11-1-1 of the Town Code and 7.02 (J) of the Zoning Ordinance need to be revised, so they are consistent with one another. Each regulation lists different time frames as well as location requirements for abandoned or "junked" vehicles. This section also references incorrect Arizona Revised Statutes and has been specified by senior MCSO staff to be difficult to enforce 11-1-1 (A)(3) — Abandoned Vehicles (Definitions) — Section references incorrect Arizona Revised Statute and needs to be updated. 11-1-1 (B)(C) — Abandoned Vehicles (Unsheltered Storage and Removal) - This section along with Article 10-3 of the Town Code and 7.02 (J) of the Zoning Ordinance all need to be revised, so they are consistent with one another. Each regulation lists different time frames as well as location requirements for abandoned or "junked" vehicles. This section also only specifies private property in 11-1-1 (B)(1), so it is unenforceable on public streets. Suggest a review of (and consideration to use) the State definition for abandoned vehicles found in ARS 28-4801 and regulation in ARS 28-4831. 11-1-8 — Obstruction of View - Proposed change to rename to "Right -Of -Way Landscape Maintenance" and include requirement for all property owners (residential and commercial) to maintain landscaping adjacent to their property to the back of the curb. Also suggested to incorporate similar verbiage found in section 16-1-4 (B)(2) for landscaping in the right-of-way. The proposed change will help the Code Officer to enforce current regulations which are vague. 12-3-6 (A) — Restricted Parking Areas for the Physically Disabled - This section references incorrect ARS Statute and needs to be updated. 12-3-9 — Trailer, Construction Equipment or RV Parking — This section should be incorporated into section 7.02 in the Zoning Ordinance or change 7.02 (H) to include public streets. Also note: The 2:OOam to 4:OOam timeframe restriction on this type of parking is difficult to enforce. 10-1-24 (C) — Placement of Solid Waste and Recycling Collection Containers — Verbiage should be changed to remove "so as not to be visible from the street or public rights-of-way" and specify something like "must be stored within six feet of the residence" or something similar. Staff has determined that the existing verbiage is unreasonable and unenforceable. Many residences with carports, topographical restrictions, etc. cannot store containers out of view. 11-1-_ (Offenses) — Public Urination — For enforcement purposes, MCSO has made previous requests to add public urination as an offense in the Town Code. 6-1-4 — Restrictions on Keeping Animals — This section is not consistent with section 5.15 in the Zoning Ordinance, which is more detailed and concise. Regulation should match that which is in Zoning. 9-4-3 — Rules and Regulations at Town Owned Parks — Consider changes to prohibit specific animals or all animals except dogs and cats on a leash or registered service animals. This update is recommended due to a recent incident with a horse at Fountain Park. 10-2-8 and 10-2-9 — Handbills — Both sections should be amended to specify that a business license is required per Town Code sections 8-1-1 and 8-2-1 (Business License and Peddlers License). Article 10-4 — Removal of Litter — This section should be re -written, as it does not reflect current Town policies. Due to lack of financial resources, Town staff no longer abates litter issues on private property unless it is deemed to be a hazard to public safety and the property is abandoned and vacant. 11-1-10 (Offenses) — Searchlights — This section should be moved to chapter 8 of the Zoning Ordinance (Outdoor Lighting) and should also include references to more up to date types of lighting, such as LED. 11-1-11 (Offenses) — Signs and Banners — Needs to be amended to include attaching items to street signs as unlawful without permission. Consider moving this section over to chapter 6 of the Zoning Ordinance (Sign Regulations). 11-1-15 (Offenses) — Smoking Prohibited — Consider amending to include the use of E- -- cigarettes in publicly owned or leased buildings. 12-4-7 — Parking in Residential Areas (a.k.a. Yard Parking) — This section could be incorporated into chapter 7 of the Zoning Ordinance (Parking and Loading Requirements) or Article 12-3 of Town Code (Parking). Also, the verbiage needs to be changed, as it refers to the Fountain Hills engineering department residential driveway policy, which is an outdated document. It should refer to section Zoning Ordinance Section 7.03 (A)(2). 16-1-3 — Permit Required — This section addresses right-of-way encroachments and should include the requirement for lighted barricades, which is specified on the Encroachment Permit application for when materials are left in the street. ZONING ORDINANCE 5.09 (C) — Walls and Fences — Materials and Design — This section needs to be more concise. The Zoning Administrator historically has prohibited chain link fences in residentially zoned areas, but permits them in commercially zoned areas. This is not reflected in the Ordinance in any way. Another consideration is that chain link fences are permitted for tenni and basketball courts in residential areas. 7.02 (G) — Commercial Vehicle Parking — This Ordinance should be revised, as it is vague and difficult to enforce. Recommend using some or all of the State ARS definition for. commercial vehicles in ARS 28-5201, rather than the ARS 28-2231 that is referenced in the current Ordinance. 7.02 (1-1)(1)(a) — Trailer and RV Storage — The words "on a residential lot" should be replaced with "in a residentially zoned district", so it covers both public and private property (e.g. trailers or RVs parked in the street, which is poorly covered in Town Code section 12-3-9). Also, change the word "behind" to "enclosed within" to make the section more concise, as that is how it has been enforced 7.02 (J) — Storage and Parking of "Junk" Automobiles - This section along with Article 10-3 of the Town Code and 11-1-1 of the Town Code all need to be revised, so they are consistent with one another. Each regulation lists different time frames as well as location requirements for abandoned or junked vehicles. 1.12 — Definitions — Add definition for "Assisted Living Facility". The current City of Mesa definition reads: "A residential care institution intended for occupancy by persons of advanced age or limited ability for self-care, which may provide food, transportation, recreation, or other services to the residents thereof, and which is licensed by the Arizona Department of Health Services to perform supervisory care, personal care, or custodial care services. The term shall include boarding houses, dormitories, apartments, and similar multiple -residence living arrangements when operated as an assisted living facility as defined herein, but shall not include group homes for the handicapped, adult care homes, nursing homes, hospitals, or hotels". 5.15 — Animals and Pets - This section is not consistent with section 6-1-4 in the Town Code. This section is more detailed and concise and is preferred, but perhaps should be moved to chapter 6 of the Town Code. At minimum, regulation should match that which is in the Town Code. Section 5.15(A) should include a definition for "household pets". 6.08 (R) — Political Signs — Section should include the State Law specification that political signs may only be put up 60 days or less before a primary election. Also our Ordinance specifies a 10 day period that signs may remain after an election and the State law specifies 15 days. Our verbiage should match what is written in ARS 16-1019. We also do not list the maximum sign size permitted in non -residentially zoned areas, which is 32 sq. ft. TOWN OF FOUNTAIN HILLS OFFICE OF COMMUNITY SERVICES INTER OFFICE MEMO TO: Mayor Kavanagh and Town Council DT: November 3, 2015 FR: Mark C. Ma er, Director Community Services Department RE: Town Code — Chapter 9, Article 9-4 Park Rules and Regulations There are currently three areas in the existing Chapter 9, Article 9-4 Park Rules and Regulations that need to be discussed at the upcoming Work Study on Tuesday, November 10. A copy of the existing Park Rules and Regulations is attached. The three areas are the Avenue of the Fountains Plaza including alcohol, firearms and weapons and the use of drones. Plaza / alcohol — The park rules have information regarding the alcohol permitting process for parks but it does not reference the AOTF Plaza. If it is the Council's desire to add the Plaza to the heading so that it would read Park / Plaza Rules and Regulations this would cover the bulk of the rules but a decision on the permitting of alcohol in the Plaza would need to be made and the language changed. Firearms / Weapons — The current rules say, "No firearms or weapons." I do not believe that this complies with past actions taken by the Legislature. The Park Rules and Regulations need to reflect those changes. Drones — Under the existing Park Rules and Regulations - Section 9-3-3, #15, the director has the authority to establish new park rules. Currently, we have a moratorium on the flying of drones in the parks due to concerns with public safety. There are at least two drones that have crashed into the lake over the last several years. The Community Services Advisory Commission has discussed the issue previously but has tabled it until the Federal Aviation Administration develops additional guidelines which were due late this fall. Once those rules are made public the Commission will consider this item further. For now I would suggest simply leaving the moratorium in place. Council — Work -Study — ParkRules 11-10-15 of FOUntalro Hills, Arizona Page I of 2 •�',WCKMARK & &- H.— search ski. to Home About Fountain Hills Council/Cortimissians Departments For Businesses Services & forms Search Administration Qepartflle;jtl� . Adnianistranoo , Town Clerk , Town (-,'dL > Chapter 9 Article 9-4 Staff Chapter 9 Article 9-4 Economic Development Finance & Licensing Human Resources PARK RULES AND REGULATIONS Town Clerk Sections; staff Ordinances Proclamations Resolutions Town Code Section 9-4-1 Purpose and Intent Elections/ Elecciones, Town awned parks provide excellent recreational opportunities and encourage enha;x(ai4 quality of life ti) Trvj;i Campaign Finance Reports residents. Such parks are triwitairied and operated with an emphasis on safety, eieanSintss, and beauty. These regulations are sped icaily 'Intended to provide rules and regulations for earn Tcwn--owned park and �z; Community Services accomplished as fbiloris: Development Services (VI -16, .Added, 12/04;2001) Fire Department Law Enforcement Section 9-4-2 Consumption of Alcohol at Town Owned Parks Municipal Court A. The of spirituous liquor as defineo in Parooraph 3i Of §A.R.5. 4.!('I is proh;Wtec: in FlAvri-owned parks unless pursuant rr-, a valid Ari7ona snecral events license and the PxV?rpssej wr-tien ver:yjj.siuq of the Town C.-jun.-il. B The consump&jon oF beer and wino on i%henre?,-,,:;eii of Tciwn wwriec! oa'ks s ano ro'tncted to soecifir pef,nMed areas. Upon of a completej applicatior, form --InCl P,,","'w it of U�;� f',rofier fee, the d;re*.,:t,,.)r shall the avpl:c.,bofli anid si'w! tll(: Q�trl't f7;u- sualit to i)1:,r I 1:�'. I',gulat:ollF 'JaV*.Jloped by The director. C. Pefldlzy: V!Cizi-on C. any oro'is'onl )F this Ser tj'';! Thail, , Pc�'1)< con.1-dwad a Class i 1 -16, Amend;�Yj, 12:04�`0 1 . — , '001) Section 9-4-3 Rules and Regulations at Town Owned Parks 4 A. All persons ,,ho use fowr% awned Parks shall ouey the foilowing rules while or; parl, prcPerly, 1. No opar fires 2. No OVE! i-?(Jht CaMD nl. 3. No firear—'s or wcacions. 4. No pets allowed except on. leash. Animal waEfte shill! be removed by owner in all lown park facilities. Activities within the off 14.,ash recreational facility are exempt f;Ni- the leasr, Provision, S. No person shat; operat,, 5katflboai ds, railer niacies, inline skates, hicydl�ts or any rolling Town Parks where sucii activity is specfficaljy prohibited by appropriate posting ur in an unsafe manner so as to infringe urn the safety of Mernselves or other park users. Activities within the bounded area of the skate nark facility are exempt from this provision. 6, The Skate bark facility and the off -leash recreational facility snail each be; subject W their own un:qtje and spec?fic rules. Rules and regulations shall be visibly posed at the skate paik facility, and are subject to change by action of the director. Y. Park h0i.ErS slia't be visibly posted at each park. http://www.tb.az.eov/Default.aspx?pageid=523 3/28/2012 Page 2 of 2 8. No vehicles except in designated areas and any vehicles left after 11:00 p.m. will be towed at the owner's expense. 9. No golfing or practicing of golf on grass areas. 10. No glass beverage containers. 11. Gas powered model airplanes and incendiary model rockets are prohibited. 12. Lakes, fountains, and other waterways shall not be used for swimming, wading, bathing, fishing, or boating. 13. No person shall tether, launch or land a hot air balloon in a Town park except with the permission of authorized Town staff and a Special Event Permit. 14. The Town of Fountain Hills specifically reserves the right to hold financially liable the parents of any minor child for consequences of the child's infraction of this code and/or any damage a minor child causes on or to Town property. 15. The director shall have the power to enact new park rules at any time to the extent that such rules are consistent with Federal and State law, and this Town Code. Such additional rules will be considered petty offenses as defined under B(1) and B(2) below. B. Penalties t. Violation of subsections A(4) through A(14) shall be considered a petty offense if the offender has not committed the same infraction within the last twenty-four (24) months. Petty Offenses shall be punishable by a fine of up to one hundred dollars (5100.00). 2. Subsequent violations(s) of the same subsection A(4) through A(14) within a twenty-four (24) month period shall be considered a Class 3 Misdemeanor, and will be punishable as such under State Law. 3. Violations of subsection A(l), A(2), or A(3) of this section shall be considered a Class i Misdemeanor and will be punishable as such under State Law. (01-16, Amended, 12/04/2001) Site Map I Printable View 1 © 2009 - 2012 Town of Fountain Hills, Arizona I Privacy Policy I ADA Notice I Contact Us http://www.fh.az.gov/Default.aspx?pageid=523 3/28/2012 1b RECOMMENDATIONS FOR CHANGES TO FOUNTAIN HILLS ORDINANCES General comment The town's ordinances do not provide for incentives for builders or developers to Improve the built or natural environment. I have found in other cities that balancing `''carrots and sticks" provides for a more business friendly and effective regulatory environment. For Instance, the Village Planning tones in the City of Phoenix allow for more building height In commercial buildings if a developer adds more building setback and/or provides for public pedestrian facilities. Therefore, there are mechanisms for more proactively rewarding better development rather than just restricting unwanted development. It's the same idea Vern Swaback articulated when he said that too many ordinances only offer variances from the code for "hardship," when they should also be granted for "excellence." Even though councils often have some discretion in granting exceptions, hardship Is usually the defacto criteria used for consideration. In addition to specific Incentives, It would be nice to Include a policy statement somewhere In the ordinances to guide decisions for some flexibility. Subdhrision ordinance Recommendations: A. Article 3, Section 3.03 Table 1 1) The minimum horizontal curve length for a Hillside Local Road should be 50 feet, not 100 feet. This pertains to how tight a turn can be on a road, and since the Hillside Local Road classification is the smallest road with the slowest design speed (20 mph), it should not need to have curve radius the same as higher speed road classifications which are at 100 feet. Broader sweeping curves on slower speed roads encourage people to drive above the speed limit. Tighter curve restrictions allows better conformance with the natural terrain. 50 feet was used in the Adero Canyon development agreement. 2) The right-of-way widths and maximum Average Daily Traffic Cont (ADT) for each roadway classification should be adjusted to the Maricopa County Department of Transportation (MCDOT) standards that most communities adopt. Presently, the town requires wider roads and less traffic on certain road classifications before one has to move to a larger road classification. As a result, roads in Fountain Hills are much wider than they are in other communities. The wider standard creates bigger cuts & fills, encourages people to drive faster and needlessly overburdensY the town's street maintenance budgets for maintaining all the extra pavement. ° The table below Public HNIsIde !.oY l Road Min. Pavement Width Maximum ADT Standard local Road Min. Pavement Width Maximum ADT Minor Collecxor Road Min. Pavement Width Maximum ADT MCDOT Fountain -Hills FH Difference 22 ft. 26 ft. +4 ft. 14,500 300 -1,200 22 ft. 32 ft. ` +2 o ft. 18500 700 -800 22 ft. 40 ft. +38 ft. 51000 5,000 same illustrates what I mean: B. Article 3, Section 3.06 The use of decomposed granite trails should be encouraged in lieu of concrete sidewalks through natural areas as is done in the City of Scottsdale's Scenic Corridor Design Guidelines. Refer to: htt : www.scottsdale. q LAssets Public+Websitejdesign1GL ScenCor 06-08-05.pdf. C. Article 5, Section 5.01 Paragraphs 5-11 1) Utility lines and driveways should be excluded from the total allowable disturbance on a lot. 2) Construction fence should be permitted up to 6' beyond the envelope to allow for all disturbance to be used by owner provided this area is restored to natural desert following construction. This is consistent with Maricopa County guidelines in unincorporated areas. D. Article 5, Section 5.03 Paragraph D (and related paragraphs) regarding cut and fill Standards Hillside cuts should be Increased to the lesser of 30' or the height of the building as long as the building conceals the cut from the front of the lot line or the exposed cut is landscaped and chemically aged with Eonite'm, PermeonTM or a similar product. This will allow for more design flexibility on hillside lots, allow for more single -level homes, reduce the incentive to push homes up on top of ridges and substantially reduce the need for unsightly retained fill areas in the front of homes. This is what was done for an MCG spec home In Eagles Nest. The photo below shows the effect of landscaping and chemically aging a 24 -foot cut. 4L v E. Article 5, Section 5.06 Paragraph 1) Retaining walls at wall location greater than 15% slope maximum height to be 12' and the average height to be 10' (currently maximum 10' average 7'). 2) Retaining walls at wall location less than 15% slope to be maximum 10' with an average of 8' (currently maximum 8' with an average of 6'). Zoning ordinance Recommendations_ A. Chapter 2.02, Paragraph E. Temporary use permits for development shall be granted until all developer inventory is sold. B. Chapter 5.06, Paragraph F. Change language allowing detached garages to reach a height not to exceed the height of the home. Presently it limits to only 12 feet, and this restriction is unnecessary. C. Chapter 6.08 Paragraph L Future Development signs to be permitted to remain in the subdivision or plat until the last lot has closed escrow to a retail buyer. Presently the code requires removal upon Certificate of Occupancy of the first home. This makes no sense for builders who have multiple homes within a development. D. Chapter 10.02, Paragraph 13. F. Permitted Uses, Guest House Guest Houses should be permitted to have a stove and oven as well as an attached garage. Presently, the code does not allow these improvements in a guest house. E. Chapter 10.03, Paragraph D.2 - Master Planned Village Sales and Information Center Expand permitted uses within the Sales Office to include all of the following within the Development you are representing. a) Represent Builders for Custom Homes b) Represent Spec Homes For Sale c) Represent Resale Lots and Resale Homes Community Facilities Districts (CFD) Recommendations A community facilities district is a special taxing district that allows the financing of the installation, operation and maintenance of public improvements such as roads, water and sewer facilities, flood control and drainage projects. Many well-known communities In Scottsdale, Goodyear, Surprise, Peoria, Buckeye and Mesa have utilized CFD's to finance the Installation and maintenance of infrastructure for specific communities. MCO tried to apply for a CFD years ago for Adero Canyon, but was turned down by council for largely personal 0.,d - % philosophical reasons with certain councilmembers. The important thine to remember here Is the bonds associated with the CFD's are ,retired through a special periodic fee on n a property tax bill only to the aroaerty owners who directly benefit f from the infrastructure Improvements., not the general populace of the -town. Some of the public infrastructure in Eagle Mountain was funded through a CFD, and only Eagle Mountain residents pay this fee. Also, I do not believe a CFD affects the town's general bonding capacity for other things, but you should confirm that. I couldn't find the specific regulation governing CFD's, but l recall that town fees for this were,very high apparently to discourage CFDs -- perhaps the highest in the Valley. Most communities have either an application fee or an approval fee along with a long-term administrative fee. Fountain Hills has both and each is high enough to discourage the use of this valuable financing tool for the town's growth and development. r AIN Ali 30 TOWN OF FOUNTAIN HILLS ��ifhat�-- is �tio�OFFICE OF DEVELOPMENT SERVICES INTER OFFICE MEMO TO: Mayor Kavanagh and Town Council DATE: November 9, 2015 FROM: Bob Rodgers, Senior Planner RE: Town Ordinance Updates Below are two ordinance amendments being requested by staff. Both proposed amendments would reduce the time it takes these applications to be approved while not reducing the scrutiny the proposals will receive. Staff Recommendation for Ordinance Amendments RE: Administrative Approval of non -discretionary plans Commercial, Industrial, & Multi -Family Concept Plans: Section 2.04 of the Zoning Ordinance currently requires that Concept Plans be approved by the Planning & Zoning Commission regardless of whether or not the proposal meets all the zoning regulations. Staff proposes that the section be amended to allow staff administrative approval for such plans if they are in full compliance with the zoning regulations. This would save commercial proposals about a month of review time and public meetings and would allow such proposals to go straight to the building permit process. This would effectively treat a commercial building the same as proposals for houses. If they meet the ordinances, they can apply for a building permit. Any Special Use Permits or other anomalies would still go through the current review and approval process. Minor Re -plats: Section 2.07 of the Subdivision Ordinance currently requires that minor re -plats be processed the same as large subdivision plats. They are treated as Final Plats and required to have Council approval. However, the Council has little discretion in approving such plans if they conform to the ordinance requirements. Staff proposes that the section be amended to allow staff administrative approval of minor lot line changes or re -plats of up to four lots where no physical construction of roadways or related infrastructure would be required for additional frontage. This will allow minor lot splits, lot joins, and lot line adjustments to be processed quicker and without the need for hearings before the P&Z and Council. Currently, Condominium plats are the only plats approved in this manner. League of Arizona Cities ANoTowns Legislative Bulletin Issue 6 - February 19, 2016 Legislative Overview Today marks the 40th day of the 2016 session. This was the last week to hear bills in their chamber of origin so committee agendas were extremely lengthy. Each chamber also had extensive floor activity as they move bills to the other side. To date, there have been three bills signed: HB2468, internet crimes against children; appropriation, SB1428, PSPRS modifications and SB1429, public retirement systems; special election. The ballot referral for PSPRS reform, SCR1019, went to the Secretary of State for preparation for the May 17th election. Residential Rental On Thursday, HB2026, S/E tax exemption; single family dwellings failed to pass the House Committee of the Whole by a vote of 22-36 (with two not voting). This bill concerns the municipal residential rental tax, and was amended to exempt the first two single family home rentals of an individual owner. The League opposed the measure as the first step toward the eventual elimination of the residential rental tax. The League thanks all of the municipal officials and Representatives that worked to stop this legislation. Penalties for Local Decisions SB1487, state law; local violations; penalties passed out of the Senate Government Committee on Wednesday by a 4-3 vote. The bill's sponsor, Senate President Andy Biggs testified that the bill was necessary to assure that cities and towns follow state law and there needs to be a monetary penalty as the bill calls for, to assure compliance. If enacted, the bill would withhold shared revenue from cities and towns that are found by the Attorney General to have violated state law. The League testified in opposition to the bill as an attack on local authority and a bypassing of the constitutional protections of due process. The bill now goes to the Rules Committee. Microcells HB 2497, local governments; permits; regulation, sponsored by Representative Darrin Mitchell (R - Litchfield Park) passed the House County and Municipal Affairs Committee by a vote of 5-3 this week. The bill mandates that local governments permit all microcell equipment, which boosts mobile phone signals. The bill prohibits municipalities from collecting a recurring cost on microcell equipment. The League opposed the bill in committee; however, there are ongoing negotiations with stakeholders to address concerns. The bill now goes to the Rules Committee. Regulations SB 1524, regulatory actions; limitations, passed the Senate Government Committee this week by a vote of 6-0. Sponsored by Senator Steve Smith (R - Maricopa) the bill limits regulatory restrictions a municipality may place on a business. The bill also addresses concerns of self-regulation of businesses within cities. The League is neutral on the bill. It now goes to the Rules Committee. Photo Enforcement Two bills related to photo traffic enforcement passed their respective committees this week. HB2540, prohibition; photo radar gained approval from the House Transportation and Infrastructure Committee by a vote of 5-4. Sponsored by Representative Kelly Townsend (R - Mesa) the bill would ban all type of photo enforcement, including speed, red light and school zone cameras. S131520, S/E: photo enforcement; voter approval passed the Senate Public Safety and Military Technology Committee with a vote of 4-1. Sponsored by Senator Steve Smith (R - Maricopa) the measure would send to a municipality's voters the question of retaining photo enforcement. The League opposed both bills, as cities that continue to use photo enforcement can cite safer conditions in their communities, and those that have removed it have already listened to their constituents without having to go to an election. Both measures go on to the Rules Committee. Drones SB1449, unmanned aircraft; prohibited operations, passed two Senate Committees this week. Sponsored by Senator John Kavanagh (R - Fountain Hills), the bill prescribes various regulations associated with unmanned aircraft, or drones. Cities and towns are greatly restricted from adopting their own ordinances in the bill, so the League is working with the bill's proponents to ensure that municipal concerns are addressed. As such, there will continue to be amendments to the bill. SB1449 passed the Senate Transportation Committee 5-1, and the Senate Judiciary Committee 7-0. The bill now goes to the Rules Committee. Firearms and the Federal Government Sponsored by Representative Anthony Kern (R - Glendale) HB2300, firearms; prohibited governmental activities prohibits state or local governments from enforcing or using resources to aid in the enforcement of federal laws related to personal firearms. The League opposed the bill as it could impede cooperative activities between federal and local law enforcement related to firearms. The measure passed the House Judiciary Committee by a vote of 4-2, and moves to the Rules Committee. Immigration HB2024, S/E immigration laws; attorney fees, sponsored by Representative Mark Finchem (R - Tucson) prohibits the awarding of attorney fees to the prevailing party if the prevailing party is a governmental entity in a case involving enforcing immigration law. The League opposed as there could be frivolous lawsuits that occur where the municipalities prevail, but under this bill would not be able to recover attorney fees. The bill passed the House Federalism and States' Rights Committee by a vote of 5-2, and now goes to the Rules Committee. Legislative Bill Monitoring (All bills being actively monitored by the League can be found here.) HB2497: local governments; permits; equipment HB2540: prohibition; photo radar SB1520: S/E photo radar; voter approval SB1449: unmanned aircraft prohibited operations HB2300: firearms; prohibited governmental activities HB2024: S/E immigration laws; attorney fees SB1523: truth in taxation; levy increases SB1350: S/E online homesharing; administration; definitions SB1487: state law; local violations; penalties SB1524: regulatory actions; limitations HB2350: occupational disease; post - traumatic stress disorder HB2026: S/E tax exemption; single family dwellings Legislative Bulletin is published by the League of Arizona Cities and Towns. Forward your comments or suggestions to league@azleague.org. League of Arizona Cities ANoTowns Legislative Bulletin Issue 7 - February 26, 2016 Legislative Overview Today marks the 47th day of the 2016 session. Committee agendas were mostly light as bills are being transferred to the other chamber. Floor activity was extremely heavy, including days in the House with approximately 100 bills processed. The Appropriations Committees may continue to hear bills from their house of origin, otherwise from now on the House will be hearing Senate bills, and the Senate will be hearing House bills. The last day for committee hearings besides Appropriations is March 18th. Pawnbrokers On Wednesday HB2566, S/E: pawnbrokers; transaction fee prohibited passed the House Appropriations Committee by a vote of 7-6. Sponsored by House Speaker David Gowan (R - Sierra Vista) the strike -everything amendment precludes cities and towns from charging a fee on reportable transactions at pawn shops. The League opposed the bill as these fees go directly into law enforcement operations dealing with stolen property. The bill now goes to the House Rules Committee. Municipal Improvement Districts The Senate Finance Committee passed HB2440, municipal improvement districts by a vote of 5-3. Sponsored by Rep. Warren Peterson (R - Gilbert), the bill as amended by the House stipulates petition requirements for the formation of such districts, and also outlines what properties are exempt from the process. The bill needs an amendment related to the order and timing of the resolution and petition process so that the financing mechanism of the district will work and for that reason the League remains opposed. The measure now goes on to the Senate Rules Committee. PSPRS Liability Sponsored by Representative Doug Coleman (R - Apache Junction) HB2512, pension contributions; expenditure limit exemption allows for political subdivisions to exceed their expenditure limitation for the purpose of paying down their public safety pension liability. The bill passed the Senate Finance Committee 5-0, and proceeds to the Senate Rules Committee. Audio -Visual Recordings HB2583, open meetings; audiovisual recordings failed on the House floor this week by a vote of 23-36. Sponsored by Representative David Stevens (R - Sierra Vista), the bill would have required all public bodies to post a complete audiovisual recording of all public meetings on their website within 24 hours of the meetings conclusion. The League was opposed. Legislative Bill Monitoring (All bills being actively monitored by the League can be found here.) HB2512: pension contributions; expenditure limit exemption HB2440: municipal improvement districts; formation election HB2566: 5/E pawnbrokers; transactions fee prohibited HB2583: open meetings; audiovisual recordings Legislative Bulletin is published by the League of Arizona Cities and Towns. Forward your comments or suggestions to league@azleague.org.