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NOTICE OF THE
EXECUTIVE AND REGULAR SESSIONS OF THE
FOUNTAIN HILLS TOWN COUNCIL
Mayor Linda M. Kavanagh
Councilmember Dennis Brown
Vice Mayor Nick DePorter
Councilmember Henry Leger
Councilmember Alan Magazine
Councilmember Art Tolis
Councilmember Cecil A. Yates
TIME: 5:00 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 2, 2017
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 during 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.
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EXECUTIVE SESSION AGENDA
CALL TO ORDER — Mayor Linda M. Kavanagh
ROLL CALL AND VOTE TO GO INTO EXECUTIVE SESSION: Pursuant to: (i)
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, discussion of the prosecutor
contract); and (ii) A.R.S. § 38-431.03(A)(4), discussion or consultation with the attorneys of
the public body in order to consider its position and instruct its attorneys regarding the public
body's position regarding contracts that are the subject of negotiations, impending or
contemplated litigation or in settlement discussions conducted in order to avoid or resolve
litigation (specifically the proposed Copperwynd Development Agreement and Planned Area
Development zoning).
2. ADJOURNMENT.
REGULAR SESSION AGENDA
CALL TO ORDER AND PLEDGE OF ALLEGIANCE — Mayor Linda M. Kavanagh
INVOCATION — Pastor David Felton, The Fountains, a United Methodist Church
ROLL CALL — Mayor Linda M. Kavanagh
MAYOR'S REPORT
i) None.
SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
i) The Mayor and/or Council may review RECENT EVENTS attended relating to
Economic Development.
ii) Recognition of Head Coach Alison Mabery and the Fountain Hills High School
Women's Soccer Team State Champions [back-to-back years].
iii) Quarterly Budget Report by Finance Director for FY2016/17 for quarter ending
December 31, 2016.
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.
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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 and 16, 2017.
2. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE
APPLICATION, submitted by Harold J. Denomme, representing the American Legion Post
58, located at 16837 E. Parkview Avenue, Fountain Hills, AZ, for the purpose of a fund
raiser event, to be held at 16837 E. Parkview Avenue, scheduled to be held on Friday,
March 17, 2017, and Saturday, March 18, 2017, from 10:00 AM to 10:00 PM.
3. CONSIDERATION of approving five BUDGET TRANSFERS from the General
Government Contingency Fund totaling $77,017.35 listed as follows: (1) $7,893.00 to the
Public Art Fund to cover budget overage for art base installation of Ascendo; (2)
$37,430.00 to Fountain Park Operations for resurfacing of the Splash Pad; (3) $1,494.35 to
Tourism Fund to record the availability of additional grant funding; (4) $25,000.00 to
Community Services to cover the costs of additional sports activities, including youth and
teen, as well as special interest programs; and (5) $5,200.00 to the Public Art Fund for the
art base and plaques for the Jerry Miles Sculpture Garden.
4. CONSIDERATION of approving a COOPERATIVE PURCHASE AGREEMENT
(C2017-092), with Bel -Aire Mechanical, for the purchase and installation of a chiller in the
amount of $209,729.
5. CONSIDERATION of approving CONTRACT (C2017-094) with Salt River Project, in
the amount of $68,104.36, for the design and construction to relocate Salt River Project
facilities for Fire Station #2.
6. CONSIDERATION of RESOLUTION 2017-06, approving an amendment to the
Intergovernmental Agreement with the Regional Public Transportation Authority relating to
transit services.
REGULAR AGENDA
7. DISCUSSION WITH POSSIBLE DIRECTION TO STAFF regarding the Technology
gate. This item was added to the agenda at the request of Councilmember Art Tolis,
Councilmember Cecil Yates, and Mayor Linda Kavanagh.
8. 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.
a. HB2365 - wireless facilities; collocation; rights-of-way
b. League of Cities and Towns Bulletin(s)
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9. COUNCIL DISCUSSION/DIRECTION to the Town Manager.
Item(s) listed below are related only to the propriety of (i) placing such item(s) on a future agenda
for action or (ii) directing staff to conduct further research and report back to the Council:
i.) None.
10. SUMMARY OF COUNCIL REQUESTS and REPORT ON RECENT ACTIVITIES by
the Mayor, Individual Councilmembers, and the Town Manager.
11. ADJOURNMENT.
DATED this 23rd day of February, 2017.
,dee
Bevelyn J.encler, 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.
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J
NOTICE OF THE
EXECUTIVE AND REGULAR SESSIONS OF THE
FOUNTAIN HILLS TOWN COUNCIL
Mayor Linda M. Kavanagh
Councilmember Dennis Brown
Vice Mayor Nick DePorter
Councilmember Henry Leger
Councilmember Alan Magazine
Councilmember Art Tolis
Councilmember Cecil A. Yates
TIME: 5:00 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 2, 2017
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 during 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.
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EXECUTIVE SESSION AGENDA
CALL TO ORDER — Mayor Linda M. Kavanagh
ROLL CALL AND VOTE TO GO INTO EXECUTIVE SESSION: Pursuant to: (i)
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, discussion of the prosecutor
contract); and (ii) A.R.S. § 38-431.03(A)(4), discussion or consultation with the attorneys of
the public body in order to consider its position and instruct its attorneys regarding the public
body's position regarding contracts that are the subject of negotiations, impending or
contemplated litigation or in settlement discussions conducted in order to avoid or resolve
litigation (specifically the proposed Copperwynd Development Agreement and Planned Area
Development zoning).
2. ADJOURNMENT.
REGULAR SESSION AGENDA
CALL TO ORDER AND PLEDGE OF ALLEGIANCE — Mayor Linda M. Kavanagh
INVOCATION — Pastor David Felton, The Fountains, a United Methodist Church
ROLL CALL — Mayor Linda M. Kavanagh
MAYOR'S REPORT
i) None.
SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
i) The Mayor and/or Council may review RECENT EVENTS attended relating to
Economic Development.
ii) Recognition of Head Coach Alison Mabery and the Fountain Hills High School
Women's Soccer Team State Champions [back-to-back years].
iii) Quarterly Budget Report by Finance Director for FY2016/17 for quarter ending
December 31, 2016.
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.
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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 and 16, 2017.
2. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE
APPLICATION, submitted by Harold J. Denomme, representing the American Legion Post
58, located at 16837 E. Parkview Avenue, Fountain Hills, AZ, for the purpose of a fund
raiser event, to be held at 16837 E. Parkview Avenue, scheduled to be held on Friday,
March 17, 2017, and Saturday, March 18, 2017, from 10:00 AM to 10:00 PM.
3. CONSIDERATION of approving five BUDGET TRANSFERS from the General
Government Contingency Fund totaling $77,017.35 listed as follows: (1) $7,893.00 to the
Public Art Fund to cover budget overage for art base installation of Ascendo; (2)
$37,430.00 to Fountain Park Operations for resurfacing of the Splash Pad; (3) $1,494.35 to
Tourism Fund to record the availability of additional grant funding; (4) $25,000.00 to
Community Services to cover the costs of additional sports activities, including youth and
teen, as well as special interest programs; and (5) $5,200.00 to the Public Art Fund for the
art base and plaques for the Jerry Miles Sculpture Garden.
4. CONSIDERATION of approving a COOPERATIVE PURCHASE AGREEMENT
(C2017-092), with Bel -Aire Mechanical, for the purchase and installation of a chiller in the
amount of $209,729.
5. CONSIDERATION of approving CONTRACT (C2017-094) with Salt River Project, in
the amount of $68,104.36, for the design and construction to relocate Salt River Project
facilities for Fire Station #2.
6. CONSIDERATION of RESOLUTION 2017-06, approving an amendment to the
Intergovernmental Agreement with the Regional Public Transportation Authority relating to
transit services.
REGULAR AGENDA
7. DISCUSSION WITH POSSIBLE DIRECTION TO STAFF regarding the Technology
gate. This item was added to the agenda at the request of Councilmember Art Tolis,
Councilmember Cecil Yates, and Mayor Linda Kavanagh.
8. 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.
a. HB2365 - wireless facilities; collocation; rights-of-way
b. League of Cities and Towns Bulletin(s)
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9. COUNCIL DISCUSSION/DIRECTION to the Town Manager.
Item(s) listed below are related only to the propriety of (i) placing such item(s) on a future agenda
for action or (ii) directing staff to conduct further research and report back to the Council:
i.) None.
10. SUMMARY OF COUNCIL REQUESTS and REPORT ON RECENT ACTIVITIES by
the Mayor, Individual Councilmembers, and the Town Manager.
11. ADJOURNMENT.
DATED this 23rd day of February, 2017.
,dee
Bevelyn J.encler, 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.
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QUARTERLY FINANCIAL REPORT
Six Months Ending December 2016
'I ',� z
hat is At /
03/02/2017
ALL FUNDS REVENUES
The General Fund
is the Town's main
operating fund
and is used to
fund general
government
operations
including police
and fire, parks,
Community
Center; other
funds are
restricted for
specific purposes.
Revenues by Fund
Six Months Ending December 31, 2016
Capital Projects
nPht Svc c;n ?0/
Total = $10.7M
2
OPERATING FUNDS
(Consist of General Fund, Public Art Fund, Internal Service Fund
and Equipment Replacement Fund)
OPERATING FUND REVENUES BY SOURCE
Through December 31
Fountain Hills local
sales tax and State
shared revenues
accounted for 85% of
the Operating Funds.
Operating Fund
revenues are at 96%
of budget.
Sta
S
TOWN OF FOUNTAIN HILLS
SIX MONTHS ENDING DECEMBER 31, 2016
OPERATING FUND REVENUES
Local Sls Tax $3.6M
State Inc Tax $1.5M
State Sls Tax $0.9m
Other $1.1M
TOTAL $7.1M
21
OPERATING FUNDS REVENUE
Local sales tax
revenues are at
96% of budget;
State Shared
revenues are at
96% of budget —
license and
permit revenues
are lower than
projections while
other revenues
are generally in
line with
projections.
$4.0 Local Sales Tax
$3.5
$ 3.0
$2.5
$2.0
$1.5
$1.0
$0.5
$0.0
Total = $7.1 M
TOWN OF FOUNTAIN HILLS
SIX MONTHS ENDING DECEMBER 31
OPERATING FUND REVENUES
Permits and Licenses
Other
Fines and Fees
FY15-16 FY16-17 ■ FY16-17 BUDGET
0
STATE SHARED REVENUES
State Shared
revenues represent
35% of Operating
Fund revenue and is
$1.6
distributed to cities/
$1.4
towns based on
$1.2
population.
$1.0
I ncome tax is based
$0.8
on two years prior;
$0.6
VLT is now in HURF
$0.4
for pavement
$0.2
management.
$0.0
TOWN OF FOUNTAIN HILLS
SIX MONTHS ENDING DECEMBER 31
STATE SHARED REVENUES
TOTAL $2.SM
State Income Tax
El FY15-16 ■ FY16-17 ■ Budget
State Sales Tax
Cl
Local Sales
tax
represents
50% of
Operating
Fund
revenue.
Increased 1 %
over prior
year
LOCAL SALES TAX
TOTAL SALES TAX COLLECTIONS BY YEAR
YTD FY11 THROUGH FY17*
54.5
$4.0
S3.5
S3.0
LA $2.5
0
$2.0
S1.5
$1.0
50.5
S0.0
FY10/11 FY11/12 FY12/13 FY13/14 FY14/15 FY15-16 FY16-17 Budget 5 Yr
*excludes construction activity Average
$358135956 = 93.7% of budget
(excluding construction activity)
LOCAL SALES TAX - WHOLESALE/RETAIL
$2.5
$2.0
Wholesale/Retail Activity
July through December FY13 - FY17
$0.5
Fe
FY12-13 FY13-14 FY14-15 FY15-16 FY16-17 Budget 5 Yr
Average
$2,139,800 = Increase of 0.6% over prior year
M
LOCAL SALES TAX - RESTAURANT/BAR
$400,000
$300,000
$200,000
$100,000
IJE
Restaurant/Bar Activity
July through December FY13 - FY17
FY12-13 FY13-14 FY14-15 FY15-16 FY16-17 Bu dget 5 Yr
Average
$3339455 = Increase of 7.6% over prior year
LOCAL SALES TAX - TELECOM
$1,000,000
$800,000
$600,000
$400,000
$200,000
$0
Transportation/Telecommunications/Utilities Activity
July through December FY13 - FY17
FY12-13 FY13-14 FY14-15 FY15-16 FY16-17 Budget 5 Yr
Average
$744,755 = Decrease of 1.1 % from prior year
WE
LOCAL SALES TAX - CONSTRUCTION
00,000
00,000
00,000
00,000
00,000
00,000
$0
Construction Sales Tax Activity
July through December FY13 - FY17
FY12-13 FY13-14 FY14-15 FY15-16 FY16-17 Budget 5 Yr
Average
$386,749 = Decrease of 25.7% from prior year
50% of this revenue funds capital projects
OPERATING FUND EXPENDITURES
Compared to the
corresponding period of last
fiscal year, Operating Fund
expenditures increased by 6%
from the same period.
Operating Fund Expenditures by Department
Six Months Ending December 31, 2016
Total = $7.2M
LAW
ENFORCEMENT
27%
FIRE &
EMERGENCY
Z
MMUNI
SERVICES
17%
MAYOR &
COUNCIL
0%
ADMINISTRATION
16%
GENERAL
GOVERNMENT
3%
MUNICIPAL COURT
2%
/-PUBLIC WORKS
5%
DEVELOPMENT
SERVICES
4%
12
YTD 1 YTD
FY16-17
Department
1' I 1 Expenditures
Mayor & Council
$ 349184 $
36,874
Administration
1,128,204
1,13 7,520
General Government
-
218,341
Municipal Court
143,891
137,710
Public Works
736,904
336,282
Development Services
-
322,094
Community Services
1,174,155
1,206,989
Fire & Emergency Medical
1,782,217
1,892,292
Law Enforcement
1,836,806
1,945,662
TOTAL
6,836,361 $
7,233,7641
LAW
ENFORCEMENT
27%
FIRE &
EMERGENCY
Z
MMUNI
SERVICES
17%
MAYOR &
COUNCIL
0%
ADMINISTRATION
16%
GENERAL
GOVERNMENT
3%
MUNICIPAL COURT
2%
/-PUBLIC WORKS
5%
DEVELOPMENT
SERVICES
4%
12
OTHER FUNDS
BOO
HIGHWAY USER REVENUE FUND
HURF
revenues are
derived from
gasoline
taxes and
distributed
based on
population;
VLT revenues
are now
included in
HURF for
pavement
maintenance.
TOWN OF FOUNTAIN HILLS
SIX MONTHS ENDING DECEMBER 31
HIGHWAY USER REVENUE FUND REVENUES
Total = $1.5M
$2,732
$5,640
$327,446
FY13-14 FY14-15 FY15-16 FY16-17 YTD Budget
■ HIGHWAY USERS TAX ■ VEHICLE LICENSE TAX IN -LIEU FEES a SALES TAX
$1948%250 = Increase of 31.2% from prior year
(including Vehicle License Tax and Sales Tax)
14
HURF EXPENDITURES
A Council priority is
still pavement
maintenance.
HURF Expenditures
Six Months Ending December 31,
TRAFFIC SIGNALS VEHICLE ADMINISTRATION
3% MAINTENANCE 6%
OPEN SPACE
6%
STREET SIGNS
1%
Total = $2.3M PAVEMENT--------
MANAGEMENT
AVEMENTMANAGEMENT
83%
N
2016
15
RESTRICTED FUNDS
TOWN OF FOUNTAIN HILLS
SIX MONTHS ENDING DECEMBER 31, 2016
OTHER FUNDS REVENUES & EXPENDITURES
$1.6
$1.4
$1.2
0 51.0 I
$0.8
$0.6 0
$0.4
$0.2
$0.0 T -_
Dev Fees Special Revenue Excise Tax Debt Svc MPC Debt Svc GO Capital Projects
Revenues 0 Expenditures
FUND BALANCE
Fiscal Quarter -End Fund Balances (Unaudited)
December 31, 2016
Operating Funds
Rainy Day Fund
$ 2,711,008
General Fund
2,701,451
Public Art Fund
26,423
Fund balance
Internal Service Fund
2,714
Vehicle Replacement Fund
775,831
$ 6,217,427
includes
Operating Fund
Highway User Revenue
Fund (HURF)
771,421
771,421
Special Revenue Funds
reserves that are
Special Revenue Fund
-
not available for
Court Enhancement Fund
305,657
Environmental Fund
282,213
appropriation;
Cottonwoods Maintenance District Fund
16,119
603,989
Excise Tax Funds
other funds are
Downtown strategy Fund
952,199
restricted for
Economic Development Fund
76,605
Tourism Fund
104,614
1,133,418
specific purposes.
Debt Service
General Obligation Debt Service Fund
1,555,527
Eagle Mountain CFD Debt Service Fund
298,193
Funds are
MPC Debt Service Fund
549,603
2,403,323
Capital Projects
invested only in
Capital Projects Fund
7,491,414
ove rn m e nt
gDevelopment
Facilities Replacement Fund
1,031,328
8,522,742
Fees
securities
Law Enforcement
203,484
according to the
Fire & Emergency
112,955
Parks & Recreation
294,249
Town's adopted
Open Space
1,675,885
2,286,573
investment policy.
Grand Total
$ 21,938,893
SUMMARY
Note: Comparison of Actual to Budget is only for the
current year - not a representation of the future trends.
• Operating Fund revenues are 7.5% under budget but
0.8 %higher than last fiscal year
• Operating Fund expenditures are 6.1% under budget
but 5.8% higher than last fiscal year
• Pavement management remains a priority and is
funded through HURF and Vehicle License Tax revenues
• Fund balances remain acceptable for all funds
• Local economic indicators remain stable
REVENUES/EXPENDITURES BY YEAR
$20
$18
$16
$14
$12
c
0_ $10
$8
$6
$4
$2
(General Fund only)
FY08-09 FY09-10 FY10-11 FY11-12 FY12-13 FY13-14 FY14-15 FY15-16 FY16-17 FY17-18 FY18-19 FY19-20 FY20-21
� Expenditures by Year --*--Revenues By Year
19
YTD OPERATING FUND REVENUES
$7.5
$7.0
$6.5
$6.0
$5.5
$5.0
$4.5
c $4.0
$3.5
$3.0
$2.5
$2.0
$1.5
$1.0
$0.5
YTD Operating Fund Revenues
FY09-10 FY10-11 FY11-12 FY12-13 FY13-14 FY14-15 FY15-16 FY16-17
of
YTD OPERATING FUND EXPENDITURES
$8.0
$7.0
$6.0
$5.0
c
0
$4.0
$3.0
$2.0
$1.0
YTD Operating Fund Expenditures
FY09-10 FY10-11 FY11-12 FY12-13 FY13-14 FY14-15 FY15-16 FY16-17
21
$2.5
$2.0
$1.5
N
C
C�
G
$1.0
$0.5
YTD OPERATING FUND
YTD Operating Fund Expenditures - By Department
ov ��`'Jx#4
oR-
Q
O
■ FY12-13
FY 13-14
FY14-15
FY15-16
FY 16-17
22
YTD OPERATING FUND
$7.5
$7.0
$6.5
c TOTAL REVENUES
TOTAL EXPENDITURES
$6.0
$5.5
$5.0
FY09-10 FY10-11 FY11-12 FY12-13 FY13-14 FY14-15 FY15-16 FY16-17
TOWN OF FOUNTAIN HILLS
QUARTERLY BUDGET REPORT
SIX MONTHS ENDING DECEMBER 31, 2016
���AIN�jl
Q
�!l that is Nva
Where does the money come from and where does it o?
Revenues by Fund
Six Months Ending December 31, 2016
Capital Projects
Debt Svc GO 2%—\
ExciseTax
2%
Special Revenu(
2%
HURF
22%
Total = $10.7M
Expenditures by Fund
Six Months Ending December 31, 2016
FurirPTav rmnitml Prniortc
Total = $10.6M
2
Operating Fund Revenues
For the fiscal YTD period ending December 31, 2016, total Operating Fund revenues (General
Fund, Public Art Fund, Internal Service Funds) were received at 92.5% of budgeted amounts and
$59,691 higher than the same time period last fiscal year (an increase of 0.8%). Categories where
revenues are higher than the previous year are the local sales tax (up 1.9%), State sales tax (up
2.2%), State income tax (up 8.1%), leases & rents (up 2.8%) as well as charges for services (up
17.5%). Total Operating Fund revenues for this fiscal period are $7,119,882.
Current Year Revenues - Fiscal YTD Ending December 31 - All Funds
YTD
% YTD
YTD
YTD
FY16-17
FY16-17
FUND
FY15-16
FY16-17
Budget
Budget
Operating Funds
$ 7,060,191
$ 7,119,882
$ 7,699,617
92.5%
$4.0
$3.5
$3.0
$2.5
c
0
$2.0
$1.5
$1.0
$0.5
$0.0
TOWN OF FOUNTAIN HILLS
SIX MONTHS ENDING DECEMBER 31, 2016
MAJOR REVENUE SOURCES
TOTAL $6.1M
❑ FY15-16 FY16-17 ■ Budget
The three major revenues in the chart above represent 86.2% of Operating Fund revenues, and as
such, provide key indicators of the Town's overall economic condition and performance. Local
sales tax collections have increased (1.9% over the same period last year). This total includes
construction activity of which 50% is transferred to the Capital Projects Fund. State sales tax is
2.2% higher and State income taxes are 8.1% higher than last year. Overall, these major revenue
sources are at 96.4% of the budget for this fiscal period.
State Shared Revenues
State Shared Revenues include a distribution of the State income and State sales taxes returned to
the Town based on its population in relation to the total population of all incorporated cities and
towns. The income tax funds are distributed from tax collections from two years prior to the fiscal
year in which the Town receives the funds. Sales taxes are distributed to cities and towns three
months after the actual sales activity occurs. These revenues are distributed monthly through a
distribution from the State Treasurer's Office. The revenues from these categories total
$2,510,999, which is $131,752 or 5.5% higher than the same time period last year — the increase
in revenue was anticipated based on projections by the Arizona League of Cities and Towns.
Operating Funds Revenue Report - Fiscal YTD Ending December 31
YTD
FY15-16
YTD
FY16-17
YTD
FY16-17
Budget
% YTD
FY16-17
Budget
State Sales Tax
1,025,411
1,048,129
1,125,362
93.1%
State Income Tax
1 1,353,836
1 1,462,8701
1,462,727
100.0%
Local Sales Tax (2.6%)
The fiscal YTD revenue for this category totals $4,200,705 (including all funds), which is 93.3%
of projections. Compared to the same time period as last year, the total sales tax revenues (all
funds) are 1.9% lower. It must be pointed out that the Department of Revenue has changed its
reporting method on a monthly basis beginning in June 2016. Consequently, amounts prior to
February 2015 are not comparable to current amounts.
Wholesale/Retail: A retail sales tax of 2.6% is collected for the sale of all tangible personal
property including grocery, clothing, home and garden, autos and other related retail activity. This
revenue source is sensitive to changes in the economy and can fluctuate from one fiscal year to
another. The revenues for this category total $2,139,800, which is 108.6% of projections;
compared to last fiscal year, revenues increased by 0.6%.
Restaurants/Bars: Food and liquor sales are taxed at a rate of 2.6% in the Town. The revenues for
this category total $333,455, which is 87.0% of projections; compared to last fiscal year, revenues
are up by 7.6% and higher than any other previous year.
Communications/Utilities/Transportation: Utilities, such as EPCOR (Chaparral City Water),
cellular telephone companies and Century Link, are taxed at a rate of 2.6% in the Town as well as
cellular phone charges. The revenues for this category total $744,755, which is 108.4% of what
was anticipated; compared to last fiscal year, revenues are down by 1.1 %.
Construction Contracting: This revenue is generated from the 2.6% tax on new home and business
construction as well as improvements to real property. Like retail sales tax, this revenue source is
11
considered to be volatile as it is strongly impacted by changes in the economy. The largest sources
of revenues in this category come from residential homebuilders. The revenues for this category
total $386,749, which is 89.3% of what was budgeted; compared to last fiscal year, revenues are
down 25.7%. The Council has dedicated 50% of this revenue to the Capital Projects Fund for
future appropriation.
Operating Funds Revenue Report - Fiscal YTD Ending December 31
Other
1
YTD
% YTD
YTD
YTD
FY16-17
FY16-17
FY15-16
FY16-17
Budget
Budget
Local Sales Tax
$ 3,556,567
$ 3,622,826
$ 3,775,529
96.0%
$2.s
$2.0
$1.5
mm
Construction
$0.5
$0.0
Local Sales Tax Collections by Type
(in millions)
July - December FY13 through FY17
Wholesale/Retail
taura nts/Ba rs
Services
Other
1
r —
■ FY12-13 ■ FY13-14 ILFY14-15 FY15-16 ■ FY16-17
Local sales tax makes up 50.9% of Operating Fund revenues; for the period ending December 31,
2016, collections were $4.2M for all funds ($3.6M in the Operating Fund). Wholesale/retail and
restaurant/bar activities represent 58.8% of total collections; telecommunications and utilities
represent another 17.7%. Construction revenues collected this fiscal period total $386,749, which
is a 25.7% decrease from last fiscal year. Wholesale/retail sales tax collections increased 0.6%
from the same period last year; restaurant/bar collections are up 7.9% from the same period last
year.
G
Building Permit Revenue
Revenues in this category include both commercial and residential permitting activity with the
majority of revenues coming from residential activity. This fiscal period, revenues for this category
total $84,977 or 30.5% of the YTD budget. New housing permits issued for the fiscal period are
16 single family, 8 multi -family and 0 commercial.
Court Revenue
This category summarizes several revenue funds collected by the court. The court generates
various revenues through fines, sanctions and court orders. These fines include criminal, civil,
Town code violations and diversion fees for defensive driving school attendees. Reimbursement
fees for required background checks, incarceration costs, and Public Defender costs are also
collected by the court and included in this category. This fiscal period, revenues for this category
total $97,487, which is $7,938 (8.9%) more than last year's same fiscal period and 99.6% of the
budgeted amount.
=
YTD
% YTD
YTD
YTD
FY16-17
FY16-17
FY15-16
FY16-17
Budget
Budget
Building Permit
Fees
$54,048
$84,977
$278,256
30.5%
Court Revenue
This category summarizes several revenue funds collected by the court. The court generates
various revenues through fines, sanctions and court orders. These fines include criminal, civil,
Town code violations and diversion fees for defensive driving school attendees. Reimbursement
fees for required background checks, incarceration costs, and Public Defender costs are also
collected by the court and included in this category. This fiscal period, revenues for this category
total $97,487, which is $7,938 (8.9%) more than last year's same fiscal period and 99.6% of the
budgeted amount.
License Revenue
Revenues in this category include both business and animal licensing activity with the majority of
revenues coming from business licenses. Current fiscal revenues for these two categories total
$73,310 or 101.9% of the fiscal period budget.
YTD
% YTD
YTD
YTD
FY16-17
FY16-17
FY15-16
FY16-17
Budget
Budget
Court Fines &
Fees
$89,549
$97,487
$97,843
99.6%
License Revenue
Revenues in this category include both business and animal licensing activity with the majority of
revenues coming from business licenses. Current fiscal revenues for these two categories total
$73,310 or 101.9% of the fiscal period budget.
6
YTD
% YTD
YTD
YTD
FY16-17
FY16-17
FY15-16
FY16-17
Budget
Budget
Business License
Fees
$58,551
$56,299
$51,750
108.8%
Animal License
Fees
18,624
17,012
20,160
84.4%
6
Operating Fund Expenditures
The Operating Fund accounts for most of the day to day operations of the Town, including Police,
Fire and Emergency Medical Services, Development Services, Public Works, Community
Services, Court, Council and Administration functions. At the end of this quarter, 93.9% of the
fiscal YTD budget has been expended.
Expenditures by Category - Fiscal YTD Ending December 31
FY15-16
Actual
FY16-17
Actual
% YTD
FY16-17
Budget
FY16-17
Budget
Wages and Benefits
$ 1,575,527
$ 1,539,745
91.5%
$ 3,366,038
Supplies and Services
260,947
275,482
91.4%
602,982
Contractual Services
4,295,988
4,436,414
97.9%
9,066,022
Maintenance/Utilities
468,886
586,865
96.4%
1,217,702
Capital Expenditures
57,075
103,655
92.1%
225,000
Internal Transfers/Contingency
177,938
291,601
63.0%
926,329
TOTAL
$ 6,836,361
$ 7,233,762
93.9%
$ 15,404,073
• Wages and Benefits represent one-fifth (21.3%) of the total Operating Fund budget and
accounts for all staff with the exception of streets employees who are funded through a
separate Highway User Revenue Fund (HUFF), the Communications and Marketing
Coordinator, and the Economic Development Director.
• Supplies and Services, including Utilities represents 3.8% of the total Operating Fund
budget and includes items such as facility maintenance, utilities, office supplies, insurance,
software, etc. These types of expenditures can be controlled to avoid expending more than
revenues received.
• Contractual Services represent 61.3% of the Operating Fund budget and include contracts
for law enforcement (Maricopa County Sheriff's Office) and fire and emergency medical
services (Rural Metro). The Town utilizes contracts for specialized or one-time services
that do not require the addition of full time staff.
• Maintenance/Utilities account for the charges associated with maintenance of facilities as
well as utilities and represent 8.1 % of the total expenditures.
• Capital Expenditures represent the purchase of assets, primarily vehicle purchases for the
operating departments, which account for 1.4% of total expenditures.
• Internal Transfers/Contingency are charged to the Operating Fund budget by department
and transferred to provide monies for future scheduled replacement of vehicles and
equipment. Also includes transfers that are made at the end of the fiscal year from the
Operating Fund (Community Center) to the Debt Service Fund for the annual bond
repayment due in June as well as contingency and other minor expenditures.
7
Department Summary
• The Mayor & Council and Municipal Court budgets represent a total 0.5 % of the Operating
Fund expenditures.
• Administration includes the Town Clerk, Town Manager, Finance, Administrative
Services, Volunteer Program, Economic Development, Information Technology and
Customer Service and represents 15.7% of the Operating Fund budget. The Department is
responsible for business recruitment and retention, Town Manager activities, all licensing
activity (business, animal, liquor), customer service, audits, public meetings, Channel 11,
Town website, elections, Town Attorney, Town Prosecutor, budget and financial reporting,
etc.
• General Government is a new department and will include costs that are common to the
Town as a whole (3.0%).
• Municipal Court represents all the costs of the operations of the court (1.9%).
• Public Works (4.6% of Operating Fund expenditures) was broken out from Development
Services in the prior years. This department includes public works, open space
maintenance, stormwater management, and facilities maintenance.
• Development Services (4.5% of Operating Fund expenditures) includes programs such as
engineering, building safety, and traffic and capital projects. Divisions included in
Development Services are Planning, Zoning, Code Enforcement, Building Safety, and
Mapping & Graphics.
• Community Services (16.7% of Operating Fund expenditures) includes the Town's park
system (Fountain Park, Golden Eagle Park, Four Peaks Neighborhood Park, and Desert
Vista Neighborhood Park), recreation programs for youth, adults and seniors. The
Community Center serves the community as a meeting or special event location as well as
daytime activities for Seniors. This department includes the cost of the annual debt service
payment that is transferred to the Debt Service Fund each year to cover the semi-annual
payments in December and June.
E
Expenditures by Department - Fiscal YTD Ending December 31
FY15-16
Actual
FY16-17
Actual
% YTD
FY16-17
Budget
FY16-17
Budget
Mayor & Council
$ 34,184 $
36,874
101.7% $
72,545
Administration
1,128,204
1,137,520
95.2%
2,390,280
General Government
-
218,341
52.7%
827,866
Municipal Court
143,891
137,710
85.7%
321,254
Public Works
736,904
336,282
81.0%
830,201
Development Services
-
322,094
69.5%
927,139
ComnRmityServices
1,174,155
1,206,989
100.8%
2,395,959
Fire & Emergency Medical
Services
1,782,217
1,892,292
102.0%
3,708,717
Law Enforcement
1,836,806
1,945,662
99.0%1
3,930,111
TOTAL
$ 6,836,361 $
7,233,764
93.9%1 $
15,404,072
• The Mayor & Council and Municipal Court budgets represent a total 0.5 % of the Operating
Fund expenditures.
• Administration includes the Town Clerk, Town Manager, Finance, Administrative
Services, Volunteer Program, Economic Development, Information Technology and
Customer Service and represents 15.7% of the Operating Fund budget. The Department is
responsible for business recruitment and retention, Town Manager activities, all licensing
activity (business, animal, liquor), customer service, audits, public meetings, Channel 11,
Town website, elections, Town Attorney, Town Prosecutor, budget and financial reporting,
etc.
• General Government is a new department and will include costs that are common to the
Town as a whole (3.0%).
• Municipal Court represents all the costs of the operations of the court (1.9%).
• Public Works (4.6% of Operating Fund expenditures) was broken out from Development
Services in the prior years. This department includes public works, open space
maintenance, stormwater management, and facilities maintenance.
• Development Services (4.5% of Operating Fund expenditures) includes programs such as
engineering, building safety, and traffic and capital projects. Divisions included in
Development Services are Planning, Zoning, Code Enforcement, Building Safety, and
Mapping & Graphics.
• Community Services (16.7% of Operating Fund expenditures) includes the Town's park
system (Fountain Park, Golden Eagle Park, Four Peaks Neighborhood Park, and Desert
Vista Neighborhood Park), recreation programs for youth, adults and seniors. The
Community Center serves the community as a meeting or special event location as well as
daytime activities for Seniors. This department includes the cost of the annual debt service
payment that is transferred to the Debt Service Fund each year to cover the semi-annual
payments in December and June.
E
• Fire & Emergency Medical Services represents 26.2% of the Operating Fund budget and
includes the contract with Rural Metro for fire and emergency medical services; the budget
also includes expenditures for maintenance of the fleet, which is Town owned, fire stations
and equipment.
• Law Enforcement represents 26.9% of the Operating Fund budget and includes the contract
with Maricopa County Sheriff's Office as well as costs for jail incarceration fees, which
are costs for holding individuals at the jails and billed by Maricopa County. The Town also
has a contract with Maricopa County for animal control and shelter services that is included
within the Law Enforcement budget.
Operating Fund Expenditures by Department
Six Months Ending December 31, 2016
LAW
ENFORCEMENT
27%
FI RE
EMERGENCY
MED
26% A
COMM
Total = $7.2M
MAYOR &
COUNCIL
0%
ADMINISTRATION
16%
DEVELOPMENT
SERVICES
4%
GENERAL
GOVERNMENT
3%
MUNICIPAL COURT
2%
PUBLIC WORKS
5%
I
Other Funds:
• Highway User Revenue Fund (Streets)
• Excise Tax (Downtown Strategy,
Economic Development and Tourism)
• Special Revenue (Grants)
• Capital Projects (Capital Projects and
Facilities Replacement)
• Development Fees
'VAIN
k S
0
1� b
� b
�•
90,fhat is A�ti-
10
Highway User Revenue Fund (HURF) — Streets
This fund supports most of the Town's street and traffic operations and is managed by the Public
Works Department. Fewer revenues were received than budgeted; however, expenditures also
exceeded the anticipated resources. The fund is primarily supported by the State Highway User
Revenue Fund (46.6%), Vehicle License Taxes (30.3%) and from a portion of the dedicated sales
tax (22.0%). HURF revenues are distributed partially on a population formula and partially on the
county of origin for gasoline sales. There is a State constitutional restriction that these funds be
used solely for street and highway purposes. The Town bills contractors when they make cuts in
the Town's rights of way and has recovered $11,948 for in lieu fees. Restitution fees are recovered
from damage to Town property as a result of vehicle accidents and included in miscellaneous &
other.
HURF Expenditures by Program - Fiscal YTD Ending December 31
HURF Revenues - Fiscal YTD Ending December 31
YTD
FY15-16
YTD
FYI 6-17
YTD
FY15-16
YTD
FY16-17
% YTD
FY16-17
Budget
FY16-17
Budget
Sales Tax
S -
$ 327,446
94.5% $
692,778
State Shared Revenues
11122,862
1,146,486
96.6%
2,373,986
In Lieu Fees
5,640
11,948
9.1%
262,000
Miscellaneous & Other
6,527
3,370
26.6%
25,300
Grand Total HURF
$ 1,135,029
1 $ 1,489,250
88.8%1 $
3,354,064
This fund supports most of the Town's street and traffic operations and is managed by the Public
Works Department. Fewer revenues were received than budgeted; however, expenditures also
exceeded the anticipated resources. The fund is primarily supported by the State Highway User
Revenue Fund (46.6%), Vehicle License Taxes (30.3%) and from a portion of the dedicated sales
tax (22.0%). HURF revenues are distributed partially on a population formula and partially on the
county of origin for gasoline sales. There is a State constitutional restriction that these funds be
used solely for street and highway purposes. The Town bills contractors when they make cuts in
the Town's rights of way and has recovered $11,948 for in lieu fees. Restitution fees are recovered
from damage to Town property as a result of vehicle accidents and included in miscellaneous &
other.
HURF Expenditures by Program - Fiscal YTD Ending December 31
YTD
FY15-16
YTD
FYI 6-17
% YTD
FY16-17
Budget
FY16-17
Budget
Administration
$ 107,766
$ 145,453
87.7%
$ 331,598
Adopt A Street
1,588
-
0.0%
1,010
Legal Services
13,939
-
0.0%
-
Open Space
142,250
145,789
85.9%
339,583
Pavement Maintenance
1,544,753
1,883,906
143.9%
2,618,080
Street Signs
37,214
28,821
82.6%
69,767
Traffic Signals
80,008
54,398
66.5%
163,483
Vehicle Maintenance
44,844
1 27,634
77.7%
71,175
Grand Total HURF
$ 1,972,362
1 $ 2,286,001
127.2%1
$ 3,594,696
• The Administration program for the Streets division includes activities that are not directly
related to a program, for example, insurance, fuel, utilities, etc.
• Adopt A Street is the cost of administering and maintaining the Adopt A Street program.
• Legal Services represent the allocated portion of the Town attorney fees.
11
• Open Space program includes maintenance of the medians; the largest component of this
category is the contract for landscaping and water usage.
• Pavement Maintenance program includes personnel costs related to road repair and
maintenance, such as potholes and curb replacement.
• Street Signs program includes personnel and maintenance costs for the Town's street signs.
• Traffic Signals program includes personnel and electric costs for the Town's Traffic
signals. Costs include hardware and programs for maintenance and synchronization of the
signals.
• Vehicle Maintenance program includes personnel as well as costs to maintain the Town's
fleet of vehicles and heavy equipment.
12
Excise Tax - All Funds (Downtown Strategy, Economic Development, Tourism)
Excise Tax Revenues - All Funds - Fiscal YTD Ending December 31
YTD
FY15-16
YTD
FY16-17
% YTD
FY16-17
Budget
FY16-17
Budget
Revenues $ 173,387
$ 215,786
100.7% $
428,597
Grand Total Excise Tax Funds $ 173,387
1 $ 215,7861
100.7%1 $
428,597
These funds are separate operating funds from the Town's Operating Fund and they support the
Town's downtown strategy, economic development including business retention program, and
tourism. Beginning in FY14-15, the Excise Tax Fund was separated into two separate functions
supported by a portion of the local sales (excise) tax (.1% of the 2.6%). Downtown Strategy's
focus is for infrastructure improvements and development; Economic Development's focus is
dedicated to Town -wide economic development and the Economic Development Plan
implementation. The Economic Development Fund also provides the funding for the Tourism
Fund.
Excise Tax Funds Expenditures by Category - Fuscal YTD Ending December 31
YTD
FY15-16
YTD
FY16-17
% YTD
FY16-17
Budget
FY16-17
Budget
Wages and Benefits
$ 82,895
$ 81,033
95.6% $
169,451
Supplies and Services
17,378
13,580
109.6%
24,792
Contractual Services
103,255
70,098
73.2%
191,606
Maintenance/Utilities
5,573
918
16.2%
11,320
Internal Transfers
1,647
2,012
64.2%1
6,265
Grand Total all Categories
$ 210,748
$ 167,641
83.1%1 $
403,434
• Wages and Benefits, which represent 48.3% of the total Excise Tax operating budget, is
the largest component of expenditures, just ahead of contractual services.
• Supplies and Services represents 8.1% of the total Excise Tax budget and includes items
such as office supplies, insurance, software, etc. These types of expenditures can be
controlled to avoid expending more than revenues received.
• Contractual Services represent 41.8% of the budget and includes contracts for downtown
holiday lighting and planned professional services for marketing strategies.
• Maintenance/Utilities include costs for lighting and sign repairs.
• Internal Transfers reflect the expenditures in the Capital Projects Fund for minor costs.
13
Development Fees
These fees are placed into restricted funds with revenues paid by developers at the time of new
residential and commercial construction permits. The decrease in permit activity over the same
time period as last year is related to the development fee study that implemented new fees as of
August 1, 2014. The study was presented to the public at a Public Hearing in February 2014 and
resulted in the elimination of several categories of fees and changes in the remaining categories.
During the six months of this fiscal year, there have been twenty-four (24) permit applications
including development fees.
Revenues by Category - Fiscal YTD Ending December 31 - Development Fees
FY15-16
Actual
FY16-17
Actual
% YTD
FY16-17
Budget
FY16-17
Budget
Law Enforcement
$ -
$ -
0.0%
$ -
Fire/Emergency
25,880
8,591
29.4%
58,421
Parks/Rec
28,374
36,915
60.3%
122,414
Open Space
(297)
(5,795)
(193.2%)
6,000
Grand Total All Funds
$ 53,957
1 $ 39,711
42.5%
$ 186,835
Expenditures by Category - Fiscal YTD Ending December 31 - Development Fees
FY15-16
Actual
FY16-17
Actual
% YTD
FY16-17 FY16-17
Budget Budget
Law Enforcement
$ -
$ -
0.0% $ 203,484
Fire/Emergency
-
-
0.0% 51,822
Parks/Rec
-
-
0.0% 144,987
Open Space
269
268
0.0% 1,672,204
Grand Total All Funds
$ 269
1 $ 268
0.0%1 $ 2,072,497
14
Capital Proiects Fund
Capital projects are funded with accumulated reserves that were surplus revenues in the Operating
Fund in addition to 50% of sales tax revenues that are derived from construction activity. Some
projects are funded with proceeds from grants or developers; the table below is a summary of
revenues for the year-to-date period ending December 31, 2016.
FY16-17 Capital Projects Fund Revenues - Fiscal YTD Ending
December 31
YTD
FY16-17
Actual
YTD
FY16-17
Actual
%
FY16-17
Budget
FY16-17
Budget
Construction Sales Tax
$ 193,726
44.7%
$ 433,023
Grants
-
0.0%
255,000
Misc.
-
0.0%
150,000
Interest Income
(18,837)
(314.0%)
6,000
Grand Total Capital Projects
$ 174,889
20.7%
$ 844,023
The table below summarizes the projects that were included in the current year budget including
the original budgeted expenditure, the year to date expenditures and the percentage of fiscal year
end expenditures. Some of the projects have not started yet and therefore have no expenditures.
FY16-17 Expenditures by Category - Fiscal YTD Ending December 31 - Capital Projects
YTD
FY16-17
Actual
%
FY16-17
Budget
FY16-17
Budget
D6030 DRAINAGE-ASHBROOK WASH C
$ 126,400
18.1%
$ 700,000
D6047 MISC DRAINAGE IWROVEMEN
-
0.0%
50,000
E8502 DOWNTOWN VISION PLAN -PHA
-
0.0%
400,000
E8505 DOWNTOWN LIGHTING
18,570
9.3%
200,000
F4005 FIRE STATION 2 RELOCATIO
28,406
0.7%
3,800,000
F4030 CHILLER INSTALLATION
-
0.0%
300,000
P3022 FOUNTAIN LAKE WATER QUAL
2,000
1.0%
205,000
P3025 ADERO CANYON TRAILHEAD
73,465
3.2%
2,285,000
P3026 FOUNTAIN PARK ACCESS IW
7,772
2.1%
375,000
P3027 FOUR PEAKS PARK -PHASES I
34,595
46.1%
75,000
56003 UNPAVED ALLEY PAVING PRO
-
0.0%
255,000
56053 FOUNTAIN HILLS BLVD SHOU
5,801
1.2%
500,000
56057 MCDOWELL MOUNTAIN ROAD R
64,387
85.8%
75,000
CONTINGENCY
967
2.2%
43,885
Grand Total Capital Projects
$ 362,363
3.9%
$ 9,263,885
15
Fund Balances/Reserves
The Town maintains several funds, some of which are restricted for specific purposes; the
Operating Fund is the Town's main operating fund and has sufficient reserves that satisfy the
Town's fund balance policy. Development fees are restricted for projects that are related to growth
and the Economic Development/Downtown Strategy Funds are designated for downtown
development.
Fiscal Quarter -End Fund Balances (Unaudited)
December 31, 2016
Operating Funds
Rainy Day Fund $ 2,711,008
General Fund 2,701,451
Public Art Fund 26,423
Internal Service Fund 2,714
Vehicle Replacement Fund 775,831 $ 6,217,427
Highway User Revenue Fund (HURF)
771,421
771,421
Special Revenue Funds
Special Revenue Fund
-
Court Enhancement Fund
305,657
Environmental Fund
282,213
Cottonwoods Maintenance District Fund
16,119
603,989
Excise Tax Funds
Downtown Strategy Fund
952,199
Economic Development Fund
76,605
Tourism Fund
104,614
1,133,418
Debt Service
General Obligation Debt Service Fund
1,555,527
Eagle Mountain CFD Debt Service Fund
298,193
MPC Debt Service Fund
549,603
21403,323
Capital Projects
Capital Projects Fund
7,491,414
Facilities Replacement Fund
1,031,328
8,522,742
Development Fees
Law Enforcement
203,484
Fire & Emergency
112,955
Parks & Recreation
294,249
Open Space
1,675,885
2,286,573
Grand Total
$ 21,938,893
16
Meeting Date: 3/2/2017
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 and 16, 2017.
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:
&Attr�4�
Bevelyn Bender, Town Clerk 2/21/2017
Approved: I
racTy E. Miller, TAvn nager 2/21/2017
Page 1 of 1
rTAIN *NN
TOWN OF FOUNTAIN HILLS
o° li
�c
yip —�,,,� ooQ
AGENDA ACTION FORM
Haat is AK�ti
Meeting Date: 3/2/2017 Meeting Type: Regular Session
Agenda Type: Consent Submitting Department: Community Services
Staff Contact Information: Rachael Goodwin, Recreation and Tourism Supervisor, 480-816-5135
REQUEST TO COUNCIL (Agenda Language): CONSIDERATION of approving a SPECIAL EVENT LIQUOR
LICENSE APPLICATION submitted by Harold J. Denomme representing the American Legion Post 58 located at 16837
E. Parkview Avenue, Fountain Hills, AZ for the purpose of a fund raiser. Event to be held at 16837 E. Parkview Avenue,
scheduled to be held on Friday, March 17, 2017 and Saturday, March 18, 2017 from 10:00 AM to 10:00 PM.
Applicant: Harold J. Denomme
Applicant Contact Information: 480 837-8673
Owner: Same
Owner Contact Information: Same
Property Location: 16837 E. Parkview Ave. Fountain Hills, AZ, Maricopa County, AZ 85268
Related Ordinance, Policy or Guiding Principle: A.R.S. §4-203.02; 4-244; 4-261 and R19-1-228, R19-1-
235, and R19-1-309
Staff Summary (background): The purpose of this item is to obtain Council's approval regarding the special
event liquor license application submitted by Harold J. Denomme representing American Legion Post 58 for
submission to the Arizona Department of Liquor. The special event liquor license application was reviewed by
staff for compliance with Town ordinances and staff unanimously recommends approval of this special event
liquor license application as submitted.
Risk Analysis (options or alternatives with implications): N/A
Fiscal Impact (initial and ongoing costs; budget status): N/A
Budget Reference (page number): N/A
Funding Source: NA
If Multiple Funds utilized, list here:
Budgeted; if No, attach Budget Adjustment Form: NA
Recommendations) by Board(s) or Commission(s): N/A
Staff Recommendation(s): Approve
List Attachment(s): Applications
SUGGESTED MOTION (for council use): Move to approve the Special Event Liquor License as presented
Page 1 of 2
Prepared by:
Rachael Goodwin, Re eats n Supervisor 2/21/2017
Director's Approval:
Mark Mayer, Gommunity bervices Direct 2/21 20 7
Appr ved:r
Grad . Miller, ToC ger /21/2017
Page 2 of 2
TOWN OF FOUNTAIN HILLS
ADMINISTRATION DEPARTMENT
INTER OFFICE MEMO
TO: (as applicable)
DATE: 2/14/2017
• Streets Division
Denied
• Fire Department
Building Safety
• Building Division
• Community Services
x
• Development Services
Rachael Goodwin
• Law Enforcement
• Licensing
Development Services
FR: Rachael Goodwin,
RE: Liquor License Application
Recreation Supervisor
Attached is a Liquor License Application for staff review.
Review the application, then sign, indicating staff's recommendation for approval (with or without stipulations) or
denial.
If staff's recommendation is to deny and/or there are stipulations for approval, please attach a memo that specifies the
reasoning and the memo will be forwarded on to the Town Council for their consideration of this application.
Name of Organization: American Legion
Applicant: Harold J. Denomme
Date(s) of Event: March 17-18, 2017 at The American Legion, 16837 E. Parkview Avenue , in conjunction with St.
Patrick's Day
Date Application Received: 02/03/2017 Town Council Agenda Date: 3/2/2017
STAFF REVIEW AND RECOMMENDATION:
Department/Division
Staff Member
Approved
Denied
N/A
Building Safety
N/A
x
Community Services
Rachael Goodwin
X
Development Services
Bob Rodgers
*�
Fire Department
Jason Payne
Law Enforcement
Mark Fisher
Licensing
Sonia Kukkola
x
Street Department
Justin Weldy
Attach report for denial or any recommendation requiring stipulations.
Arizona Department of Liquor Licenses and Control
800 W Washington 5th Floor
Phoenix, AZ 85007-2934
www.azliquor.gov
(602) 542-5141
APPLICATION FOR SPECIAL EVENT LICENSE
Fee= $25.00 per day for 1-10 days (consecutive)
Cash Checks or Money Orders Only
FOR DLLC USE ONLY
Event Date(s):
Event time start/end:
CSR:
License:
A service fee of $25.00 will be charged for all dishonored checks (A.R.S. § 44-6852)
IMPORTANT INFORMATION: This document must be fully completed or it will be returned.
The Department of Liquor licenses and Control must receive this application ten (10) business days prior to the event. If the special
event will be held at a location without a permanent liquor license or tf the event will be on any portion of a location that is not covered
by the existing liquor license, this application must be approved by the local government before submission to the Department of
Liquor Licenses and Control (see Section 15).
SECTION 1 Name of Organization:
American Legion Post 58
SECTION 2 Non-Profit/IRS Tax Exempt Number:
56 2339744
SECTION 3 The organization is a: (check one box only)
❑✓ Charitable❑Fraternal (must have regular membership and have been in existence for over five (5) years)
❑Religious ❑Civic (Rotary, College Scholarship) ❑Political Party, Ballot Measure or Campaign Committee
SECTION 4 Will this event be held on a currently licensed premise and within the already approved premises?❑✓ Yes [:]No
American Legion Post 58
Name of Business
14073026
License Number
480-837-5958
Phone (Include Area Code)
SECTION 5 How is this special event going to conduct all dispensing, serving, and selling of spirituous liquors? Please read R-19-
318 for explanation (look in special event planning guide) and check one offhe following boxes.
❑✓ Place license in non-use
❑Dispense and serve all spirituous liquors under retailer's license
❑✓ Dispense and serve all spirituous liquors under special event
❑Split premise between special event and retail location
OF NOT USING RETAIL LICENSE, SUBMIT A LETTER OF AGREEMENT FROM THE AGENT/OWNER OF THE LICENSED PREMISE TO SUSPEND THE
LICENSE DURING THE EVENT. IF THE SPECIAL EVENT IS ONLY USING A PORTION OF PREMISE, AGENT/OWNER WILL NEED TO SUSPEND THAT
PORTION OF THE PREMISE.)
SECTION 6 What is the purpose of this event? ❑✓ On-site consumption ❑Off-site (auction) ❑Both
SECTION 7 Location of the Event: American Legion Post 58
Address of Location: 16837 E. Parkview Ave. Fountain Hills, Maricopa County, AZ 85268
Street city COUNTY State Zip
SECTION 8 Will this be stacked with a wine festival/craft distiller festival? ❑Yes ❑✓ No
SECTION 9 Applicant must be a member of the qualifying organization and authorized by an Officer, Director or Chairperson
of the Organization named in Section 1. (Authorizing signature is required in Section 13.)
1. Applicant: Denomme, Harold J. - •
Last First Middle Date of Birth
2. Applicant's mailing address]IME. Pageland Circle, Fountain Hills, AZ 85268
sheet City State Zip
3. Applicant's home/cell phone: ( • ' Applicant's business phone: ( 480) 837-5958
4. Applicant's email addres redact
3/1/2016 Page 1 of 4
Individuals requiring ADA accommodations call (602)542-9027.
SECTION 10
1. Has the applicant been convicted of a felony, or had a liquor license revoked within the last five (5) years?
E]Yes [Z]No (if yes, attach explanation.)
2. How man special event licenses have been issued to this location this ear? 3
Y p y
(The number cannot exceed 12 events per year, exceptions under A.R.S. §4-203.02(D).)
3. Is the organization using the services of a promoter or other person to manage the event?DYes MNo
(If yes, attach a copy of the agreement.)
4. List all people and organizations who will receive the proceeds. Account for 100% of the proceeds. The organization
applying must receive 25% of the gross revenues of the special event liquor sales. Attach an additional page if necessary.
Name American Legion Post 58 Percentage: 100%
Address 16837 Parkview Ave., Fountain Hills, AZ 85268
Street Cffy State Zip
Name Percentage:
Address
Street City State Zip
5. Please read A.R.S. § 4-203.02 Special event license; rules and R 19-1-205 Requirements for a Special Event License.
Note: ALL ALCOHOLIC BEVERAGE SALES MUST BE FOR CONSUMPTION AT THE EVENT SITE ONLY.
"NO ALCOHOLIC BEVERAGES SHALL LEAVE SPECIAL EVENT UNLESS THEY ARE IN AUCTION SEALED CONTAINERS OR THE SPECIAL
EVENT LICENSE IS STACKED WITH WINE /CRAFT DISTILLERY FESTIVAL LICENSE"
6. What type of security and control measures will you take to prevent violations of liquor laws at this event?
(list type and number of police/security personnel and type of fencing or control barriers, 9 applicable.)
Number of Police 12 per day Number of Security Personnel RlFencing aBarriers
Explanation: Property is building with walled patio. Building has 2 exterior doors and patio has 2 gates
All exits will have our volunteer members on three hour shifts at each exit. Total of 12 per day
4 per shift for three shifts for 2 days. Total volunteer shifts 24.
SECTION 11
Dates and Hours of Event. Days must be consecutive but may not exceed 10 consecutive days.
See A.R.S. § 4-244(15) and (17) for legal hours of service.
PLEASE FILL OUT A SEPARATE APPLICATION FOR EACH "NON-CONSECUTIVE" DAY
Date Day of Week
Event Start License End
Time AM/PM Time AM/PM
DAY l:
3-17-2017 Friday
10:00 am 10:00 pm
DAY 2:
3-18-2017 Saturday
10:00 am 10:00 pm
DAY 3:
DAY 4:
DAY 5:
DAY 6:
DAY 7:
DAY 8:
DAY 9:
DAY 10:
3/1/2016 Page 2 of 4
Individuals requiring ADA accommodations call (602)542-9027.
SPECIAL EVENT LICENSED 'REMISES DIAGRAM
(This diagram must be completed with this application)
gip )
Special Event Diagram: (Show dimensions, serving areas, and label type of enclosure and securi ositions
ty p )
NOTE: Show nearest cross streets, highway, or road if location doesn't have an address.
Parkview Avenue
�. - rirt�g ` ' . -ti. •', -� Parking
04L L ALC 0<<�,0L I -Al THJS Fire Lane DO C: P;
I
t'
American Legion_ B
Banquet: Room a Patio
Car Wash r� 7oSpace
Bar f pen p
American Legion
Lounge Band Pit
DOz--i Fire Lane
Parking
LF1
SECTION 13 To be completed only by an Officer, Director or Chairperson of the organization named in Section 1.
1, (Print Full Name) Harold J. Denomme
the organization filing this application as listed in Section 9
are true, orrect and c_oFn tete. _
x�� - Finance
Signature
declare that I am an Officer, Director or Chairperson of
I have read the application and the contents and all statements
Officer 2-13-2017 480-837-5958
Title/ Position Date Phone Number
The foregoing instrument was acknowledged before me this
State l�' 1ad�Gl County of 1 n`/W' (910 6
My Commission Expires on: 5' Z 1 Ze
Date
13 Tc�(VA f Z1 -j
Day Month Year
SECTION 14 This section is to be completed only by the applicant named in Section 9.
KEITH MCCULLOU
iNotary Puulic State of Arizc
3 MARICOPA COUNTY
Of N D1101My Comm. Expires May 2, 2(
I, (Print Full Name) Harold J. Denomme declare that I am the APPLICANT filing this application
;Ig�tus liste an Section 9. I e read the application and the contents and all statements are true, correct and complete.
Finance Officer 2-13-2017 480-837-5958
nare Tile/ Position Date Phone Number
The foregoing instrument was acknowledged before me this 13 U(MC a o 1-3
Year
State li+t 7�� County of 1'� Day M n/ t ,r* KEITH MCCULLOUGI
� ,, t NotaryPuolic State of Arizona
5IZ ZOI �1, �,
MARICOPA COUNTY
My Commission Expires on: w� ' My Comm. Expires May 2, 2019
Date Signature
Please contact the local governing board for additional application requirements and submission deadlines. Additional
licensing fees may also be required before approval may be granted. For more information, please contact your local
jurisdiction: htfo://www.azliguor.goov/assets/documents/homepage docs/spec event links.odf.
SECTION 15 Local Governing Body Approval Section.
I, recommend ❑APPROVAL ❑ DISAPPROVAL
(Government Official) (Title)
On behalf of ,
(City, Town, County) Signature Date Phone
SECTION 16 For Department of Liquor Licenses and Control use only.
❑APPROVAL ❑DISAPPROVAL BY: DATE:
A.R.S. § 41-1030. Invalidity of rules not made according to this chapter; prohibited agency action; prohibited acts by state
employees; enforcement; notice
B. An agency shall not base a licensing decision in whole or in part on a licensing requirement or condition that is not specifically
authorized by statute, rule or state tribal gaming compact. A general grant of authority in statute does not constitute a basis for imposing a licensing
requirement or condition unless a rule is made pursuant to that general grant of authority that specifically authorizes the requirement or condition.
D. THIS SECTION MAY BE ENFORCED IN A PRIVATE CIVIL ACTION AND RELIEF MAY BE AWARDED AGAINST THE STATE. THE COURT MAY AWARD
REASONABLE ATTORNEY FEES, DAMAGES AND ALL FEES ASSOCIATED WITH THE LICENSE APPLICATION TO A PARTY THAT PREVAILS IN AN ACTION
AGAINST THE STATE FOR A VIOLATION OF THIS SECTION.
E. A STATE EMPLOYEE MAY NOT INTENTIONALLY OR KNOWINGLY VIOLATE THIS SECTION. A VIOLATION OF THIS SECTION IS CAUSE FOR
DISCIPLINARY ACTION OR DISMISSAL PURSUANT TO THE AGENCY'S ADOPTED PERSONNEL POLICY.
F. THIS SECTION DOES NOT ABROGATE THE IMMUNITY PROVIDED BY SECTION 12-820.01 OR 12-820.02.
3/1/2016 Page 4 of 4
Individuals requiring ADA accommodations call (602)542-9027.
911fh-lt-is tioo
Meeting Date: 3/2/2017
Agenda Type: Consent
TOWN OF FOUNTAIN HILLS
TOWN COUNCIL
AGENDA ACTION FORM
Meeting Type: Regular Session
Submitting Department: Administration
Staff Contact Information: Craig Rudolphy, Finance Director, 480-816-5162; crudolphy@fh.az.gov
Strategic Planning Goal: Not Applicable (NA) Operational Priority: Not Applicable (NA)
REQUEST TO COUNCIL (Agenda Language): CONSIDERATION of five BUDGET TRANSFERS from the General
Government Contingency: 1) $7,893 to the Public Art Fund to cover budget overage for art base installation of Ascendo;
2) $37,430 to Fountain Park Operations for resurfacing of the Splash Pad; 3) $1,494.35 to Tourism Fund to record the
availablility of additional grant funding; 4) $25,000 to Community Services to cover the costs of additional sports activites
including youth and teen as well as special interest programs; and 5) $5,200 to the Public Art Fund for the art base and
plaques for the Jerry Miles Sculpture Garden.
Applicant:
Applicant Contact Information:
Owner:
Owner Contact Information:
Property Location:
Related Ordinance, Policy or Guiding Principle:
Staff Summary (background): 1) A review of expenditures to date indicated that the Public Art Fund has
incurred a budget overage in the fund balance for the fund. The art piece was donated but, per policy, the
Town agrees to provide for the base and installation of donated art pieces. This transfer will provide funding to
restore the fund balance. 2) The Splash Pad at Fountain Park needs to be resurfaced. This work was not
included in the original budget for the Town but the work now needs to be completed before the season
begins. 3) The Office of Tourism provided additional funding over the amount initially granted. This transfer will
allow Tourism to spend these additional funds. 4) Because of the increase in registration for programs and
activities being offered by Parks and Recreation, funds had not been originally budgeted for the instructor fees
for the increased registrations for these new/additonal programs and activities. 5) With the renaming of the
grounds around the Centennial Circle to the Jerry Miles Sculpture Garden, funds are needed for the art piece
base and plaques. This item was not contemplated when the original budget was prepared.
Risk Analysis (options or alternatives with implications): Without these transfers, the various programs will
have a budget shortage and not be able to complete the work that is desired.
Fiscal Impact (initial and ongoing costs; budget status): $77,017.35
Budget Reference (page number):
Page 1 of 2
Funding Source: General Fund
If Multiple Funds utilized, list here:
Budgeted; if No, attach Budget Adjustment Form: No
Recommendation(s) by Board(s) or Commission(s):
Staff Recommendation(s): Approve
List Attachment(s): Budget Transfer forms
SUGGESTED MOTION (for council use): Move to approve BUDGET TRANSFERS in the amount of $71,817.35.
Prepared by:
NA 9/27/2016
Director1 Approval:
raig Ru o p y, Finance Directod 2/21/2017
A proved:
Grady E. Miller, T n nager 2/21/2017
Pale 2 of 2
02/21/2017 14:16 TOWN OF FOUNTAIN HILLS
BBogdan BUDGET AMENDMENT JOURNAL ENTRY PROOF
CLERK: BBogdan
YEAR PER JNL
SRC ACCOUNT ACCOUNT DESC
EFF DATE JNL DESC REF 1 REF 2 REF 3 LINE DESC
2017 8 68
BUA PART -6261
02/21/2017 SCULPTURE
BUA GENAD-7010
02/21/2017 SCULPTURE
P 2
bgamdent
T OB DEBIT CREDIT
ART MAINT/REPAIR/INSTALL 5
J MILES T J MILES SCULPTURE
CONTINGENCY 5
J MILES T J MILES SCULPTURE
JOURNAL 2017/08/68 TOTAL
5,200.00
5,200.00
00 .00
(f FOUNTAIN
OF
777,
smah.-
02/21/2017 14:16 OF FOUNTAIN HILLS
P 1
(TOWN
BBogdan BUDGET AMENDMENTS JOURNAL ENTRY PROOF
bgamdent
LN ORG OBJECT PROJ ORG DESCRIPTION ACCOUNT DESCRIPTION
PREV
BUDGET
AMENDED
ACCOUNT LINE DESCRIPTION EFF DATE
BUDGET
CHANGE
BUDGET ERR
YEAR-PER JOURNAL EFF-DATE REF 1 REF 2 SRC JNL-DESC ENTITY AMEND
2017 08 68 02/21/2017 J MILES BUA SCULPTURE 1
1 PART 6261 PUBLIC ART ART MAINT/REPAIR/INSTALL
28,000.00
5,200.00
33,200.00
410-50-50-501-000-0150-6261- J MILES SCULPTURE
02/21/2017
2 GENAD 7010 GENERAL GOVERNMENT ADMIN CONTINGENCY
658,149.41 -5,200.00
652,949.41
100-10-15-110-100-0106-7010- J MILES SCULPTURE
02/21/2017
** JOURNAL TOTAL
0.00
Z
APPROVED:
MAYOR
DATE:
02/21/2017 10:20 TOWN OF FOUNTAIN HILLS
BBogdan BUDGET AMENDMENT JOURNAL ENTRY PROOF
CLERK: BBogdan
YEAR PER JNL
SRC ACCOUNT ACCOUNT DESC
EFF DATE JNL DESC REF 1 REF 2 REF 3 LINE DESC
2017 8 66
BUA PRSPORT-6405
02/16/2017 REC FUNDS
BUA PRYT-6405
02/16/2017 REC FUNDS
BUA PRSPINT-6405
02/16/2017 REC FUNDS
BUA GENAD-7010
02/16/2017 REC FUNDS
INSTRUCTOR FEES
INCREASED PROGRAMS
INSTRUCTOR FEES
INCREASED PROGRAMS
INSTRUCTOR FEES
INCREASED PROGRAMS
CONTINGENCY
P&R PROGRAMS
JOURNAL 2017/08/66 TOTAL
T OR DEBIT
5 15,000.00
5 6,000.00
5 4,000.00
5
00
P 2
bgamdent
CREDIT
25,000.00
.00
02/21/2017 10:20 TOWN OF FOUNTAIN HILLS
BBogdan BUDGET AMENDMENTS JOURNAL ENTRY PROOF
LN ORG OBJECT PROJ ORG DESCRIPTION ACCOUNT DESCRIPTION
ACCOUNT LINE DESCRIPTION
PREV
EFF DATE BUDGET
YEAR -PER JOURNAL EFF -DATE REF 1 REF 2 SRC JNL-DESC ENTITY AMEND
2017 08 66 02/16/2017 BUA REC FUNDS 1
1 PRSPORT 6405 P&R-SPORTS ACTIVITIES INSTRUCTOR FEES
100-50-50-501-100-1950-6405- INCREASED PROGRAMS
2 PRYT 6405 P&R-YOUTH & TEEN ACT INSTRUCTOR FEES
100-50-50-501-100-2505-6405- INCREASED PROGRAMS
3 PRSPINT 6405 P&R-SPECIAL INT PROG INSTRUCTOR FEES
100-50-50-501-100-1940-6405- INCREASED PROGRAMS
4 GENAD 7010 GENERAL GOVERNMENT ADMIN CONTINGENCY
100-10-15-110-100-0106-7010- P&R PROGRAMS
** JOURNAL TOTAL
APPROVED:
MAYOR
DATE:
P 1
bgamdent
BUDGET AMENDED
CHANGE BUDGET ERR
8,859.00 15,000.00
23,859.00
02/16/2017
4,200.00 6,000.00
10,200.00
02/16/2017
7,300.00 4,000.00
11,300.00
02/16/2017
658,149.41 -25,000.00
633,149.41
02/16/2017
0.00
02/21/2017 10:19 ITOWN OF FOUNTAIN HILLS
BBogdan
IBUDGET AMENDMENT JOURNAL ENTRY
PROOF
CLERK: BBogdan
YEAR PER JNL
SRC ACCOUNT
ACCOUNT DESC
EFF DATE
JNL DESC
REF 1 REF 2 REF 3
LINE DESC
2017 4 130
BUA SRAD-4401
GRANTS
10/26/2016
INCREASE
G5201
T
PROP 302 INCREASES
BUA TOURAD-4401-G5201
GRANTS
10/26/2016
INCREASE
G5201
T
PROP 302 INCREASES
BUA SRAD-7010
CONTINGENCY
10/26/2016
INCREASE
G5201
T
PROP 302 INCREASES
BUA TOURAD-6410-G5201
ADVERTISING/SIGNAGE
10/26/2016
INCREASE
G5201
T
PROP 302 INCREASES
P 2
bgamdent
T OB DEBIT CREDIT
5 1,494.35
5 1,494.35
5 1,494.35
5 1,494.35
JOURNAL 2017/04/130 TOTAL .00 .00
02/21/2017 10:19 TOWN OF FOUNTAIN HILLS
BBogdan BUDGET AMENDMENTS JOURNAL ENTRY PROOF
LN ORG OBJECT PROJ ORG DESCRIPTION ACCOUNT DESCRIPTION
ACCOUNT LINE DESCRIPTION
YEAR -PER JOURNAL EFF -DATE REF 1 REF 2
2017 04 130 10/26/2016 G5201
1 SRAD 4401 SPEC REV -ADMIN
400-10-10-105-000-0710-4401-
2 TOURAD 4401 G5201 TOURISM ADMINISTRATI
320-50-50-506-100-0106-4401-G5201
3 SRAD 7010 SPEC REV -ADMIN
400-10-10-105-000-0710-7010-
4 TOURAD 6410 G5201 TOURISM ADMINISTRATI
320-50-50-506-100-0106-6410-G5201
PREV BUDGET
EFF DATE BUDGET CHANGE
P 1
bgamdent
AMENDED
BUDGET ERR
SRC JNL-DESC ENTITY AMEND
BUA INCREASE 1
GRANTS
-1,100,923.86 1,494.35
-1,099,429.51
PROP
302 INCREASES
10/26/2016
ON GRANTS
-30,000.00 -1,494.35
-31,494.35
PROP
302 INCREASES
10/26/2016
CONTINGENCY
1,098,923.86 -1,494.35
1,097,429.51
PROP
302 INCREASES
10/26/2016
ON ADVERTISING/SIGNAGE
19,000.00 1,494.35
20,494.35
PROP
302 INCREASES
10/26/2016
** JOURNAL TOTAL 0.00
APPROVED: DATE:
MAYOR
02/21/2017 10:25
TOWN OF FOUNTAIN HILLS
P 2
BBogdan
BUDGET AMENDMENT JOURNAL ENTRY PROOF
bgamdent
CLERK: BBogdan
YEAR PER JNL
SRC ACCOUNT
ACCOUNT DESC T OB DEBIT
CREDIT
EFF DATE
JNL DESC REF 1 REF 2 REF 3
LINE DESC
2017 8 67
BUA FPOP-6670
PARK IMPROVEMENTS EXP 5 37,430.00
02/21/2017
SPLASHPAD T
RESURFACE SPLASH PAD
BUA GENAD-7010
CONTINGENCY 5
37,430.00
02/21/2017
SPLASHPAD T
RESURFACE SPLASH PAD
JOURNAL 2017/08/67 TOTAL .00
.00
02/21/2017 10:25 TOWN OF FOUNTAIN HILLS
BBogdan BUDGET AMENDMENTS JOURNAL ENTRY PROOF
LN ORG OBJECT PROJ ORG DESCRIPTION ACCOUNT DESCRIPTION
ACCOUNT LINE DESCRIPTION EFF DAT
P 1
bgamdent
PREV BUDGET AMENDED
E BUDGET CHANGE BUDGET ERR
YEAR -PER JOURNAL EFF -DATE REF 1 REF 2 SRC JNL-DESC ENTITY AMEND
2017 08 67 02/21/2017 BUA SPLASHPAD 1
1 FPOP 6670 FOUNT PK -OPERATIONS PARK IMPROVEMENTS EXP
100-50-50-502-500-1515-6670- RESURFACE SPLASH PAD
2 GENAD 7010 GENERAL GOVERNMENT ADMIN CONTINGENCY
100-10-15-110-100-0106-7010- RESURFACE SPLASH PAD
** JOURNAL TOTAL
APPROVED:
MAYOR
DATE:
.00 37,430.00
02/21/2017
658,149.41 -37,430.00
02/21/2017
0.00
37,430.00
620,719.41
02/13/2017 11:57 TOWN OF FOUNTAIN HILLS
BBogdan BUDGET AMENDMENT JOURNAL ENTRY PROOF
CLERK: BBogdan
YEAR PER JNL
SRC ACCOUNT ACCOUNT DESC
EFF DATE JNL DESC REF 1 REF 2 REF 3 LINE DESC
2017 8 38
BUA PART -6261
02/13/2017 ART BASE
BUA GENAD-7010
02/13/2017 ART BASE
ART MAINT/REPAIR/INSTALL 5
T ART BASE FOR ASCENDO
CONTINGENCY 5
T ART BASE FOR ASCENDO
JOURNAL 2017/08/38 TOTAL
7,893.00
.00
7,893.00
00
P 2
bgamdent
T OB
DEBIT CREDIT
ART MAINT/REPAIR/INSTALL 5
T ART BASE FOR ASCENDO
CONTINGENCY 5
T ART BASE FOR ASCENDO
JOURNAL 2017/08/38 TOTAL
7,893.00
.00
7,893.00
00
02/13/2017 11:57 (TOWN OF FOUNTAIN HILLS
BBogdan BUDGET AMENDMENTS JOURNAL ENTRY PROOF
LN ORG OBJECT PROJ ORG DESCRIPTION ACCOUNT DESCRIPTION
ACCOUNT LINE DESCRIPTION
PREV
EFF DATE BUDGET
YEAR -PER JOURNAL EFF -DATE REF 1 REF 2 SRC JNL-DESC ENTITY AMEND
2017 08 38 02/13/2017 BUA ART BASE 1
1 PART 6261 PUBLIC ART ART MAINT/REPAIR/INSTALL
410-50-50-501-000-0150-6261- ART BASE FOR ASCENDO
2 GENAD 7010 GENERAL GOVERNMENT ADMIN CONTINGENCY
100-10-15-110-100-0106-7010- ART BASE FOR ASCENDO
** JOURNAL TOTAL
APPROVED:
MAYOR
DATE:
IP1
bgamdent
BUDGET AMENDED
CHANGE BUDGET ERR
28,000.00 7,893.00
02/13/2017
658,149.41 -7,893.00
02/13/2017
0.00
35,893.00
650,256.41
Z
That is AGENDA ACTION FORM
Meeting Date: 3/2/2017 Meeting Type: Regular Session
Agenda Type: Consent Submitting Department: Public Works
Staff Contact Information: Raymond Rees/rmrees@fh.az.gov/480-816-5180
REQUEST TO COUNCIL (Agenda Language): CONSIDERATION of approving a COOPERATIVE PURCHASE
AGREEMENT (C2017-092), with Bel -Aire Mechanical, for the purchase and installation of a chiller in the amount of
$209,729
Applicant:
Applicant Contact Information:
Owner:
Owner Contact Information:
Property Location:
Related Ordinance, Policy or Guiding Principle:
Staff Summary (background): In 2001 when the Civic Center complex was constructed the Physical Plant was
designed for two cooling towers and three chillers to supply chilled water for the HVAC system. During the
original construction two chillers were sufficient to run the Community Center and Library/Museum. In 2005
the Town Hall building was constructed but the third chiller was not added. Two chillers are needed to run
simultaneously to supply chilled water during the summer months. Without the third chiller there is no
operational redundancy and the current chillers have in excess of 48,000 hours of run time.
Risk Analysis (options or alternatives with implications): The closure of one of the buildings in the Town
Center complex if one of the current chillers fail.
Fiscal Impact (initial and ongoing costs; budget status): Initial cost of $209,729 with an estimated $6,000 in
annual preventative maintenance. A separate contract with Urban Energy to upgrade the current controllers and
integrate the chiller into the energy management system is forthcoming. The amount of the contract is
approximately $30,000
Budget Reference (page number): 350
Funding Source: Capital Projects Fund
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): Approve the consent agenda.
List Attachment(s): Contract #C2017-092
Page 1 of 2
SUGGESTED MOTION (for council use): Approve the consent agenda.
Prepar y:
Raymo d Pees, Faci iti s/ nviron ntal Supervisor 2/21/2017
Director's A�val:
Paul Modfl. Pubic W rks Director 2/21/2017
Appr ved:
dy . Miller, Town Mana r 2/22/2017
Page 2 of 2
Contract No. C2017-092
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 2, 2017, between the Town of Fountain Hills, an Arizona municipal corporation
(the "Town"), and Bel -Aire Mechanical, Inc., an Arizona corporation (the "Vendor").
RECITALS
A. After a competitive procurement process, Maricopa County, Arizona (the
"County") entered into Serial Contract No. 15049-S dated November 1, 2015, as amended on
January 22, 2016, and May 9, 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
Vendor, and the County Contract permits its cooperative use by other public entities, including
the Town.
C. The Town and the Vendor 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 Vendor may provide the
Town with the installation of a chiller at the Physical Plant, as more particularly set forth in
Section 2 below (the "Equipment") and (iii) setting the maximum aggregate amount to be
expended pursuant to this Agreement related to the Equipment.
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 Vendor 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 October 31, 2017, unless terminated as
otherwise provided in the County Contract.
2. Scope of Work. Vendor shall provide to the Town the Equipment under the terms
and conditions of the County Contract and in the configurations as set forth in the Proposal
attached hereto as Exhibit B and incorporated herein by reference.
2898625.1
3. Inspection; Acceptance. The Equipment is subject to final inspection and
acceptance by the Town. Equipment failing to conform to the requirements of this Agreement
and/or the County Contract will be held at the Vendor's risk and may be returned to the Vendor.
If so returned, all costs are the responsibility of the Vendor. Upon discovery of non -conforming
Equipment, the Town may elect to do either of the following by written notice to the Vendor: (i)
waive the non-conformance or (ii) bring the Equipment into compliance and withhold the cost of
same from any payments due to the Vendor.
4. Compensation. The Town shall pay Vendor an amount not to exceed
$219,729.00, of which $10,000.00 is an owner's contingency which shall be utilized at the
Town's sole discretion, for the Equipment at the unit rate set forth in the County Contract and as
more particularly set forth in the Proposal attached hereto as Exhibit B.
5. Payments. The Town shall pay the Vendor upon delivery and acceptance of the
Equipment and upon submission and approval of the invoice. The invoice shall (i) contain a
reference to this Agreement and the County Contract and (ii) document the Equipment delivered
and accepted to date. Additionally, an invoice 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 Vendor and its subcontractors are
complying with the warranty under Section 7 below, Vendor'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 Vendor 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 evaluation of the Vendor'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, Vendor 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 Vendor pursuant to this
Agreement. Vendor 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 Vendor or its subcontractors reasonable advance notice of intended audits.
Vendor 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.
7. E -verify Requirements. To the extent applicable under Amz. REV. STAT. § 41-
4401, the Vendor 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 ARiz. REV. STAT. § 23-214(A). Vendor'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.
2898625.1
2
8. Israel. Vendor certifies that it is not currently engaged in, and agrees for the
duration of this Agreement that it will not engage in a "boycott," as that term is defined in ARiz.
REv. STAT. § 35-393, of Israel.
9. Conflict of Interest. This Agreement may be canceled by the Town pursuant to
Axlz. REv. STAT. § 38-511.
10. 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.
11. Agreement Subject to Appropriation. The Town is obligated only to pay its
obligations set forth in this Agreement as may lawfully be made from funds appropriated and
budgeted for that purpose during the Town's then current fiscal year. The Town's obligations
under this Agreement are current expenses subject to the "budget law" and the unfettered
legislative discretion of the Town concerning budgeted purposes and appropriation of funds.
Should the Town elect not to appropriate and budget funds to pay its Agreement obligations, this
Agreement shall be deemed terminated at the end of the then -current fiscal year term for which
such funds were appropriated and budgeted for such purpose and the Town shall be relieved of
any subsequent obligation under this Agreement. The parties agree that the Town has no
obligation or duty of good faith to budget or appropriate the payment of the Town's obligations
set forth in this Agreement in any budget in any fiscal year other than the fiscal year in which
this Agreement is executed and delivered. The Town shall be the sole judge and authority in
determining the availability of funds for its obligations under this Agreement. The Town shall
keep Vendor informed as to the availability of funds for this Agreement. The obligation of the
Town to make any payment pursuant to this Agreement is not a general obligation or
indebtedness of the Town. Vendor hereby waives any and all rights to bring any claim against
the Town from or relating in any way to the Town's termination of this Agreement pursuant to
this section.
12. Conflicting Terms. In the event of any inconsistency, conflict or ambiguity
among the terms of this Agreement, the County Contract and the invoice, 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 work order or invoice containing any such
Unauthorized Conditions or failure to demand full compliance with the terms and conditions set
forth in this Agreement or under the County Contract shall not alter such terms and conditions or
relieve Vendor from, nor be construed or deemed a waiver of, its requirements and obligations in
the performance of this Agreement.
13. 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
"County" (as defined in the County Contract) for the purposes of the portions of the County
Contract that are incorporated herein by reference.
2898625.1
3
14. Indemnification; Insurance. In addition to and in no way limiting the provisions
set forth in Section 13 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 Vendor's obligation to provide the
indemnification and insurance. In any event, the Vendor shall indemnify, defend and hold
harmless the Town and each council member, officer, employee or agent thereof (the Town and
any such person being herein called an "Indemnified 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 Vendor, its officers, employees, agents, or any tier of
subcontractor in the performance of this Agreement.
15. 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 (i) delivered to the parry at the address set forth below, (ii) deposited in the U.S. Mail,
registered or certified, return receipt requested, to the address set forth below or (iii) 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
If to Vendor: 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 (i) when delivered to the party, (ii) three business days after being placed in the U.S.
Mail, properly addressed, with sufficient postage or (iii) the following business day after being
given to a recognized overnight delivery service, with the person giving the notice paying all
required charges and instructing the delivery service to deliver on the following business day. If
a copy of a notice is also given to a party's counsel or other recipient, the provisions above
governing the date on which a notice is deemed to have been received by a party shall mean and
refer to the date on which the party, and not its counsel or other recipient to which a copy of the
notice may be sent, is deemed to have received the notice.
2898625.1
4
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 , 2017, before me personally appeared Grady E. Miller, the
Town Manager of the TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation, whose
identity was proven to me on the basis of satisfactory evidence to be the person who he claims to
be, and acknowledged that he signed the above document, on behalf of the Town of Fountain
Hills.
Notary Public
(Affix notary seal here)
[SIGNATURES CONTINUE ON FOLLOWING PAGE]
2898625.1
5
"Vendor"
BEL-AIRE MECHANICAL, INC.,
an Arizona corporation
Name:
Title: V 1Zr- `'; f___ tZlesC
(ACKNOWLEDGMENT)
STATE OF ARIZONA )
) ss.
COUNTY OF MARICOPA )
On i� irwlrrv� L l.o , 2017, before me personally appeared 0 rG110146 J
C ",.I , the V'rt m7 Pr-eSiol-e- . of BEL-AIRE 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 signed the
above document on behalf of the corporation.
(Affix notary seal here)
2898625.1
(a /9� etkaa,
tary Public
JUDITH BABCOCK
Notary Public - State of Arizona
MARICOPACOUNTY
My Commission Expires
Mardi 4, 2019
EXHIBIT A
TO
COOPERATIVE PURCHASING AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
BEL-AIRE MECHANICAL, INC.
[County Contract]
See following pages.
2898625.1
SERIAL 15049 S HVAC SERVICE AND REPAIR
DATE OF LAST REVISION: May 9, 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, Clkk Procurement Officer
Office of Procurem Services
LA/at
Attach
Copy to: Office of Procurement Services
Don Jeffery, Facilities Management
Cynthia Robinson, Department of Transportation
(Please remove Serial 08136-S 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*weareiceonline.com
YES NO REBATE
WILL ALLOW OTHER GOVERNMENTAL ENTITIES TO PURCHASE FROM r
THIS CONTRACT:
WILL ACCEPT PROCUREMENT CARD FOR PAYMENT: r r
FUEL COMPRISES (if section for fuel price 0% OF TOTAL BID AMOUNT
adjustment is located in the solicitation document)
P --, i n r, n vc T. E.3g n nn Y -ter NET 30 DAYS Eff. 01/22/16
1ST CALL
Labor Rates: Commercial / Industrial
Item
Qty
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
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
Weekends
1
hour
$93.00
$93.00
Holidays
l
hour
$93.00
$93.00
Additional Pricing:
Parts Materials and Components -
Cost Plus Percentage
1
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-S
ANDREW'S REFRIGERATION, 5617 E. HILLARY DRIVE, SCOTTSDALE, AZ 85254
PRICING SHEET: NIGP CODE 03113 91017 91036 94155 99247
Terms: 1% 10 DAYS yS NET 30 D n vc 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:
Bel -Aire Mechanical, Inc.
DOING BUSINESS AS (DBA) NAME:
Unit
MAILING ADDRESS:
4201 North 47th Avenue, Phoenix, AZ 85031
REMIT TO ADDRESS:
4201 North 47th Avenue, Phoenix, AZ 85031
TELEPHONE NUMBER:
623-846-8600
FACSIMILE NUMBER:
623-846-8700
WEB SITE:
www.belairemechanical.com
REPRESENTATIVE NAME:
Howard Clifford
REPRESENTATIVE TELEPHONE NUMBER:
623-846-8612
REPRESENTATIVE E-MAIL:
hcliffordgbelairemechanical.com
1
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)
$150.00
r
NET 30 DAYS
5TH CALL
Labor Rates: Commercial / Industrial
Item
Qty
Unit
Price
Total
Notes
Regular Business Hours
1
hour
$82.00
$82.00
After Business Hours
1
hour
$115.00
$115.00
Weekends
1
hour
$150.00
$150.00
Holidays
1
hour
$150.00
$150.00
6TH CALL
Labor Rates: Residential
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 1 each 19%
Plus Percentage
19%
Any Services Outside the Scope of Work 1 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 03113 91017 91036 94155 99247
Terms:
NET 30 DAYS
Vendor Number: W000001391 X
Certificates of Insurance Required
Contract Period: To cover the period ending October 31, 2017.
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*deltabap.com
SERIAL 15049-S
YES NO REBATE
WILL ALLOW OTHER GOVERNMENTAL ENTITIES TO PURCHASE FROM 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)
r NET 30 DAYS
4TH CALL
Labor Rates: Residential
Regular Business Hours
1
hour
$69.00
$69.00
After Business Hours
1
hour
$89.00
$89.00
Weekends
1
hour
$105.00
$105.00
Holidays
1
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
I 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.
SERIAL 15049-S
JOHNSON CONTROLS, INC., 2032 W. 4TH STREET, TEMPE AZ 85281
COMPANY NAME:
Johnson Controls, Inc.
Qty
DOING BUSINESS AS (DBA) NAME:
Same
Total
MAILING ADDRESS:
2032 West 4th Street, Tempe, AZ 85281
REMIT TO ADDRESS:
Johnson Controls, Inc.,
$105.00
$105.00
P O Box 730068, Dallas, TX 75373
After Business Hours
TELEPHONE NUMBER:
480-517-3543
$157.50
FACSIMILE NUMBER:
480-967-5213
Weekends
WEB SITE:
www.jci.com
$210.00
REPRESENTATIVE NAME:
Gary H. Whetstone
Holidays
REPRESENTATIVE TELEPHONE NUMBER:
602-550-1279
$210.00
REPRESENTATIVE E-MAIL:
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: r
r-
71
r NET 30 DAYS
6TH CALL
Labor Rates: Commercial / Industrial
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
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 $105.00/ 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
Terms:
Vendor Number:
Certificates of Insurance
Contract Period:
03113 91017 91036 94155 99247
NET 30 DAYS
2011001105 0
Required
To cover the period ending October 31, 2017.
SERIAL 15049-S
SUN MECHANICAL CONTRACTING, 3951 E. COLUMBIA STREET, TUCSON AZ 85714
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:
Sun Mechanical Contracting
Sun Mechanical Contracting
3951 E. Columbia Street, Tucson, AZ 85714
3951 E. Columbia Street, Tucson, AZ 85714
(520)790-3100
(520)790-5513
www.sunmechanical.net
David McLain
(480) 694-8764
dmclain*sunmechanical.net
YES NO REBATE
WILL ALLOW OTHER GOVERNMENTAL ENTITIES TO PURCHASE FROM r 0%
THIS CONTRACT:
WILL ACCEPT PROCUREMENT CARD FOR PAYMENT: r r
FUEL COMPRISES (if section for fuel price 0% OF TOTAL BID AMOUNT
adjustment is located in the solicitation document)
P 2% 10 DAYS NET 30 DAYS
4TH CALL
Labor Rates: Commercial / Industrial
Item
Qty
Unit
Price
Total
Regular Business Hours
1
hour
$82.00
$82.00
After Business Hours
1
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.
SERIAL 15049-S
TRANE U.S. INC., 850 W. SOUTHERN AVE., TEMPE, AZ 85282
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:
Trane U.S. Inc.
Trane
850 W. Southern Ave., Tempe, AZ 85282
Trane
P.O. Box 98167, Chicago, IL 60693
(602)258-9600
(602)253-3801
www.trane.com
Jamie C. Batsell
(602)502-2439
jbatsell@trane.com
YES NO REBATE
WILL ALLOW OTHER GOVERNMENTAL ENTITIES TO PURCHASE FROM r
THIS CONTRACT:
WILL ACCEPT PROCUREMENT CARD FOR PAYMENT: 7
FUEL COMPRISES (if section for fuel price 0% OF TOTAL BID AMOUNT
adjustment is located in the solicitation document)
r 1% 10 DAYS NET 30 DAYS
3" 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
1
hour
$112.50
$112.50
Holidays
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
SERIAL 15049-S
TRANE U.S. INC., 850 W. SOUTHERN AVE., TEMPE, AZ 85282
PRICING SHEET: NIGP CODE 03113 91017 91036 94155 99247
Terms:
1% 10 DAYS NET 30 DAYS
Vendor Number: 2011001488 0
Certificates of Insurance Required
Contract Period: To cover the period ending October 31, 2017.
SERIAL 15049-S
UNITED TECHNOLOGIES, 18704 E. CHANDLER HEIGHTS ROAD, QUEEN 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:
jose(auni-tech.com
YES NO REBATE
WILL ALLOW OTHER GOVERNMENTAL ENTITIES TO PURCHASE FROM r
THIS CONTRACT:
WILL ACCEPT PROCUREMENT CARD FOR PAYMENT: r eV
FUEL COMPRISES (if section for fuel price N/A% OF TOTAL BID AMOUNT
adjustment is located in the solicitation document)
7 NET 30 DAYS
2ND CALL
Labor Rates: Commercial / Industrial
Item
Qty
Unit
Price
Total
Regular Business Hours
1
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
3" CALL
Labor Rates: Residential
Regular Business Hours
1
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 ($5,000 $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 writing, 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
scope at labor rates bid on the pricing page of the Contractor.
SERIAL 15049-5
2.14.8 This contract may also be used for time and materials work (under $5,000 $10,000) 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 15049-5
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 L49 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.
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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,,.,oices . required to ,.,,nlai,, the following inn..matio:
3.4.1.1 r.,.v.,+any name, address and ,.,,.,tact
3.4.1.2 County bill to name and ,.,,,,taet information
3.4.1.3 Building Name and Building Nu ffibe
3.4.1.4 Getwt y P..,.,.hase OF -def 1ffibe f
3.4.1.5 r,r...,ima rF-rarn se v eall n ffibe
3.4.1.6 T...,eiee . ffibef and date
3.4.1.7 Pa4e of sefvieeer- deliver -5,
3.4.1.8 Dese iptio of Puhale (sery ees performed)
3.4.1.9 Prie:, g per unit „f.,,,..,.hase
3.4.1.10 Extended
3.4.1.11 Arrival and , pleb, time
3.4.1.12 Total Amount Due
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 fillable 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
jurisdiction 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
SERIAL 15049-S
solicitation issued by the County. If you do not want to grant such access to a member of $AVE,
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.
3.10 INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENTS (ICPA's):
County currently holds ICPA's with numerous governmental entities throughout the State of
Arizona. These agreements allow those entities, with the approval of the Contractor, to purchase
their requirements under the terms and conditions of the County Contract. Please indicate on
Attachment A, your acceptance or rejection regarding such participation of other governmental
entities. Your response will not be considered as an evaluation factor in awarding a contract.
3.11 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 CONTRACT TERM:
This Invitation for Bid is for awarding a firm, fixed-price purchasing contract to cover a term of
two (2) years.
4.2 OPTION TO RENEW:
The County may, at its option and with the concurrence of the Contractor, renew the term of this
Contract up to a maximum of 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..
4.3 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 burner
fuel (i.e. propane, natural gas, fuel oil, used motor oil). It applies to motor fuel only.
Fuel cost adjustments may be either positive or negative. A positive fuel cost adjustment
will result in an increase in payments to Contractor while a negative fuel cost adjustment
will result in a decrease in payments to Contractor.
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 (10th) of
the month. Any surcharge shall be effective the first of the following month after receipt
and approval. The date of County approval of a fuel cost adjustment request shall
become the base date for any future Contractor adjustment requests.
4.4.4 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
(PADD5) Diesel (On -Highway) -All Types or Reformulated Areas Gasoline compared to
the previous quarterly index period as reported on the Energy Information Administration
(EIA) website: http://www.eia.doe.gov/
4.4.7 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 changerp 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 15049-5
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.
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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
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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,
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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.
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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
http://azmemory.azlibrary_gov/cdm/singleitem/collection/execorders/id/680/rec/1 which is hereby
incorporated into this contract as if set forth in full herein. During the performance of this contract,
CONTRACTOR shall not discriminate against any employee, client or any other individual in any
way because of that person's age, race, creed, color, religion, sex, disability or national origin.
4.23 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
furnish the statements to the Procurement Officer upon request. These warranties shall
remain in effect through the term of the Contract. The Contractor and its subcontractors
shall also maintain Employment Eligibility Verification forms (I-9) as required by the
Immigration Reform and Control Act of 1986, as amended from time to time, for all
employees performing work under the Contract and verify employee compliance using the
E -verify system and shall keep a record of the verification for the duration of the
employee's employment or at least three years, whichever is longer. I-9 forms are available
for download at USCIS.GOV.
4.24.2 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-governmental entities as mandated to maintain compliance with and in good
standing for all permits and/or licenses. The Respondent shall keep fully informed of
existing and future trade or industry requirements, Federal, State and Local laws,
ordinances, and regulations which in any manner affect the fulfillment of a Contract and
shall comply with the same. Contractor shall immediately notify both Office of
Procurement Services and the using agency of any and all changes concerning permits,
insurance or licenses.
4.25.2 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.
5.0 FACILITIES ITrIEES N4 A RT A !`_EN4ENT OPERATION TION T? EQ TTDETME STT
5.1 HOURS OF SERVICE--.
5.1.1 REGULAR A n HO TD C are between 6:00 A Na and6:n��MOnday 91rough3 ,
exeluding County holidays.
5.1.2 AFTER HOURS is after 6:00 UN d and prior to 6:00 AM, r N,r,..,day thfough Friday.
5.1.3 WEEKENDS . o *.4i ne e,..,,. da yr Sunday
5.1.4 HOLIDAYS , e County Holidays (See r,.,wty holiday sehedule ...*.,..1.meW
5.1.5 Servie€s shall be available 24/7, 365 days per year.
5.1.6 ; 365 days peF year telephone access, and respond to a call
for services within thirty (30) minutes of receipt-.
5.2 RESPONSE TIMES-:
5.2.2 if the r-equest is designated by the GeufAy as an the eefAfaeter- shall
■ er-HOLIDAY.
53 TRIP E:
Trip charges are permitted when time and material work is requested at the following sites only:
5.3.1 N4GSQ rake Aid S.miens (A..aehe -Ba ft et4 -Blue Ni fft Canyon and c..,.,,..,-,.)
5.3.2 r,.,,nty ,. f4ees lee ed i Gil Ben -A—X
5.3.3 r..,,nt y o f4ees lee ed i Buckeye n
5.3.4 C,,,mty o ffiees i,,eate,a in Aguila, AZ
5.3.5 Only a trip ,.i., rge may be eharged p serviee eall.
SERIAL 15049-S
5.3.6 if the eontraetor arrives onsite and is unable to loeate a County r-epresen4ative familiar
with the work or unable to gain aeeess to the work site, the Contraetor may only bill
trip eharge. The Contraetor is not -aut-ho-rized to ineur nor will the County aeeepting
billing for ., y l., l...r ..L..,r-
5.4.4.1 ShiWblause
5.4.4.2
5.4.4.3 Cep
5.4.5 No one emeept authorized employees of the Contractor is allowed on the premises of
Marieopa County. Contfactor's employees are NOT to be accompanied in their work ar
by aequailitanees, family members, assistants, or any other person unless said person is
an authorized employee „file Contractor.
5.5.1 The Contraetor may be provided keys to required County Faeilities at the diseretion of
FN4D Keys y be ., ro.7 1..,•
5.5.2
,
the RNTIP�E building er leemiens that the set ef keys epefied with the eest being be
by the /' a traet..r
5.5.3 in liett of or in addition to keys, the Contraetor may be provided eard aeeess badges at the
!1:serot;. n of FTID
5.5.4 The !''.tractor shall notify FN4D within twety four (24) 1 otffs if any keys are lomat
misplaced, .,stlen o „them4se not within the Contractor's control.
to F-N4P.
SERIAL 15049-S
5.7.1 ,
equipment, expendable shop —supplies (rags, cleaners, solvents, gasses, €tem
miseellaneous parts (serews, bolts nuts, small items ete.), tools, ete. neeessa-ry to per -for -m-
all the Fequired services. This shall be all inelusive as "eost of doing business" and
such, be aeeounted foF in the eont-raeted labor rates.
iovoi
5.7.2
5.7.3
5.7.4
5.7.5
5.7.6
5.7.7
5.7.8
5.7.9
5.7.10
5.7.11
5.7.12
5.7.13
5.7.14 Tetal Afneu*t Dae with tax amounts separated. Must also elearly indicate the tax rate
being applie
5.7.15
EXHIBIT B
TO
COOPERATIVE PURCHASING AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
BEL-AIRE MECHANICAL, INC.
[Proposal]
See following page.
2898625.1
MECHANICAL
February 9, 2017
Mr. Raymond Rees
Facilities/Environmental Supervisor
Town of Fountain Hills
16705 E. Avenue of the Fountains
Fountain Hills, AZ 85268
Reference: Chiller Installation
Central Plant
Bel -Aire Mechanical is pleased to propose the following solution for the above referenced project.
Provide materials, labor, and subs to install a new Carrier Nominal 135 Ton R-1 34a Water
Cooled Screw Chiller Model 30HXCl 36RY-6-1 AA 460/3/60. New chiller will be installed on
existing concrete pad. Installation will include a new 3 HP chilled water pump, chilled water and
condenser water piping and electrical. The condenser water for the chiller will be tied into one of
the existing condenser water pumps, valved and controlled for the cooling tower to operate with
one chiller at a time. In order to run the three chillers simultaneously, a new condenser water
pump and a new cooling tower will have to be installed.
The cost for the above mentioned proposal will be $209,729.00. This will include all specified materials,
labor, equipment and subs. This quotation is valid for 30 days.
Exclusions: Premium labor, controls (quoted direct to owner) and any work not mentioned in the above
scope.
Lead time on the chiller is currently 9 to 10 weeks.
All work is to be performed by qualified, licensed technicians. The work will be completed in accordance
with industry standards and EPA regulations. All work will be during normal business hours, i.e., from
6:30 AM to 4:30 PM, Monday through Friday.
Customer:
By Title
nature
Date
Ed Perez I Sales & Estimation I Bel -Aire Mechanical, Inc.
4201 North 47t1 Avenue Phoenix, Arizona 85031
P 623-846-8661 1 F 623-846-8761 1 M 480-266-2780 1 eperez@belairemechanical.com
TOWN OF FOUNTAIN HILLS
TOWN COUNCIL
Z
Z
__ " W AGENDA ACTION FORM
�hnr Is IN V"
Meeting Date: 3/2/2017
Agenda Type: Consent
Meeting Type: Regular Session
Submitting Department: Public Works
Staff Contact Information: Paul Mood, Public Works Director, pmood@fh.az.gov
Strategic Planning Goal: Not Applicable (NA) Operational Priority: Not Applicable (NA)
REQUEST TO COUNCIL (Agenda Language): CONSIDERATION of approving CONTRACT (C2017-094) with Salt
River Project, in the amount of $68,104.36, for the design and construction to relocate SRP facilities for Fire Station #2.
Applicant: NA
Applicant Contact Information: NA
Owner: NA
Owner Contact Information: NA
Property Location: 10650 N. Fountain Hills Blvd..
Related Ordinance, Policy or Guiding Principle: NA
Staff Summary (background): As part of the Fire Station #2 Relocation project a shared driveway between
the Town and EPCOR on EPCOR owned property is necessary to allow access to the fire station and EPCOR
facilities. As such, the Town and EPCOR previously entered into a cost sharing agreement for the design and
construction of the driveway which included the relocation of the existing Salt River Project (SRP) cabinet. Per
the cost sharing agreement the Town and EPCOR will split the SRP design and construction costs 50/50. Per
the cost share agreement the Town will pay SRP and be reimbursed by EPCOR when the Fire Station #2
project is substantially complete.
The contract with SRP will provided for the relocation of the facilities as shown in the scope of work per the
attached design and construction services contract.
Risk Analysis (options or alternatives with implications):
Fiscal Impact (initial and ongoing costs; budget status): $68,104.36
Budget Reference (page number): 342
Funding Source: Capital Projects Fund
If Multiple Funds utilized, list here:
Budgeted; if No, attach Budget Adjustment Form: No
Recommendation(s) by Board(s) or Commission(s): NA
Page 1 of 2
Staff Recommendation(s): Staff recommends approval of contract C2017-094 with SRP for the design and
construction to relocate SRP facilities for Fire Station #2.
List Attachment(s): Contract C2017-094
SUGGESTED MOTION (tor council use): Motion to approve contract C2017-094 with Salt River Project, in the
amount of $68,104.36, for the design and construction to relocate SRP facilities for Fire Station #2.
Prepared by:
Paul Mood, Public Works Director 2/21/2017
Director's App val:
Paul Mobd,,Pu blic ors irector 2/21/2017
Ap ov d:
Grady E. Miller, To Cager 2/21/2017
Page 2 of 2
AGISMA�*.Aw el
Distribution Design and Construction Contract
CUSTOMER IMPROVEMENTS SRP Contact: Jeff Bland
SRP - XCT 341 Contact Phone: (602) 236-6346
P.O. Box 52025 Contact Fax:
Phoenix, AZ 85072-2025 Date: 01/31/2017
ATTN: Paul Mood
Town of Fountain hills
16705 E. Avenue of the Fountains
Fountain hills, AZ 852683815
Salt River Project Agricultural Improvement and Power District, an agricultural improvement district organized and existing
under the laws of the State of Arizona (SRP), and Town of Fountain hills (Customer) enter into this contract (Contract) for the
design and construction of electrical facilities for the following Customer project (Project):
Customer Project: CCE PAC - TOFH FIRE STN NO 2 - PH 1 PRIMARY RELOC Job Order #:
Location:
SWC Fountain Hills Blvd & Muskrat Ln Tracking #: T2172873
Project Information:
Customer Requested Improvements (Relocations, Remo Total Amps:
Square Footage:
Dev. T pe CDCE
Delivery Voltage(s):
Originating Cost Center: 22300
This Contract includes the attached Terms and Conditions and describes the general obligations of SRP and Customer. Any
changes, amendments, or modifications to this Contract must be in writing and signed by both parties. Customer understands that
SRP will not begin design services until Customer signs and returns this contract and pays the Contribution in Aid of Construction
(CIRC) fee below. If the job is cancelled or Customer fails to diligently proceed to completion (as described below), the portion of
the CIAC fee that was not used (if any) may, at SRP's discretion, be refunded. Upon completion of the design services, SRP shall
provide Customer a set of design drawings for the Project, which will contain construction details. Additional fees, if applicable, will
be billed seoarately under an Addendum to this Contract signed by both parties.
Description Amount
CIAC Design Fee: $68,104.36
Comments: Primary/Feeder relocation
SRP shall not be required to perform inspections or begin any construction or installation work on the Project until Uustomer
(i) accepts the design drawings by signing them, (ii) pays SRP the CIAC fee, and (iii) provides to SRP a copy of a deed or deeds
evidencing ownership of all of the real property that is encompassed within or will be affected by the Project (the Real Property). If
the deed(s) show that Customer is not the sole owner of all of the Real Property, Customer shall provide written documentation
acceptable to SRP that establishes Customer's authority to act on behalf of each of the other owners in connection with the
Project before SRP will begin any construction or installation work under this Contract. If Customer is unable to provide such
documentation, and as a result SRP is required to modify its designs for the Project, Customer shall be responsible for paying in
advance the estimated additional costs of the redesign work.
SRP may terminate this Contract if Customer fails to satisfy all Real Property -related conditions within forty-five (45) days, or if
Customer fails to hold a preconstruction meeting with SRP within one hundred twenty (120) days, or if Customer falls to
commence actual construction of the SRP facilities within one hundred eighty (180) days, after SRP provides the design drawings
to Customer. SRP may also terminate this Contract if, in SRP's determination, Customer is not actively constructing the SRP
facilities for the Project,
SRP's delivery of this Contract to Customer constitutes an offer to perform the design and construction services on the terms
and conditions set forth in this Contract. Customer may accept this offer by signing this Contract (with no additions, deletions, or
modifications) and returning it to SRP with the CIAC fee, payable by check or money order. This offer shall expire if Customer has
not signed and returned this Contract to SRP with the CIAC fee on or before 03/02/2017.
If Customer changes the Project, or if there is any change to the information regarding the Project provided by Customer and
relied upon by SRP, SRP will charge Customer and Customer shall pay for any additional costs incurred by SRP, including but
not limited to redesign and engineering costs. Such costs may be retained by SRP from any funds previously collected from
Customer, or billed directly to Customer, as appropriate.
Customer understands and agrees to the terms and conditions of this Contract. The undersigned represents and warrants that
he or she has the authority to sign this Contract on behalf of Customer.
Authorized Signature:
Printed Name:
SRP Authorized Signature:
Printed Name:
Jeff Bland
Page i. of 2
Date,
Title:
Date:
Email: Jeff.Bland@srpnet.com
AOrIA.,;iis
AWAKN"
Terms and Conditions
1. The existing applicable SRP Rules and Regulations, as they may be amended or revised from time to time by SRP, and all terms
and conditions thereof, are adopted and incorporated herein by reference as part of this Contract except as specifically modified
herein. The Rules and Regulations can be found at httn•//www.srpnet.com and are on file at the principal offices of SRP,
2. SRP shall construct all electric facilities up to the point(s) of delivery, including any connections to electric, in accordance with the
SRP Rules and Regulations and SRP construction specifications and practices.
3. CUSTOMER shall provide SRP all drawings and data requested by SRP that are pertinent to the design of the Customer Project
SRP shall review such drawings and data for compatibility with SRP facilities and shall have sole discretion in determining
whether the CUSTOMER facilities may be used with SRP's facilities.
4. Customer shall provide SRP all requested easements, including any easements required from third parties, for SRP to access
and maintain the electric facilities installed under this Contract, using SRP's standard form(s) of easement. Customer, at all times,
shall permit SRP to access and maintain any SRP electric facility on Customer property. Customer understands and agrees that
SRP shall have no obligation to provide electric service to the Project unless and until Customer has provided all such easements.
5. CUSTOMER shall require that any construction work performed by CUSTOMER or its contractor or subcontractor shall be in
accordance with national and local building and safety codes, the SRP Electric Service Specifications and construction drawings,
and the Electric Utility Service Entrance Requirements Committee.
6. CUSTOMER shall secure all required State, County, and local permits and approvals to receive electric service.
7. Unless otherwise agreed in writing by SRP, Customer shall perform, at Customer's sole expense, all trenching, provision and
installation of conduit, backfilling and surveying with property pins and grade stakes ("Customer Work"). All Customer Work shall
conform to SRP's standards. Customer shall forward all results of surrey to SRP for review and approval. Upon Customer's
request, SRP may provide survey services for the Project under a separate written agreement.
8. SRP shall not be responsible for, and Customer shall indemnify, defend and hold harmless SRP and members of its governing
bodies, its officers, agents and employees, for, from and against any and all claims, demands, suits, costs of defense, attorneys'
fees, witness fees of any type, losses, damages, expenses and liabilities ("Claims") arising out of or relating to Customer's
performance of the Customer Work, including without limitation Claims arising out of the performance of Customer Work on
property not owned by Customer.
9. Prior to SRP's installing any electric facility, the CUSTOMER shall install all water and sewer facilities and backfill. CUSTOMER
shall not install any curb, sidewalk, paving, or any conflicting foundation within the development boundaries until SRF completes
the installation of the electric facilities.
10. CUSTOMER shall permit SRP to inspect, at any time, any CUSTOMER provided facility. Any inspection by SRP shall not be
deemed an approval of any CUSTOMER provided facility or a waiver by SRP of any right to enforce strict compliance with the
terms and conditions of this Contract.
11. CUSTOMER, upon demand, shall reimburse SRP for the costs of relocation of facilities found to be installed at the wrong
location or grade due to CUSTOMER requested changes in property lines, easement grade, and/or errors in staking, trenching,
or survey.
12. If Customer's load grows to a total coincident demand of 6,740 kVA or greater, but less than 11,800 kVA, the load will be served
from at least one dedicated SRP feeder circuit or a substation dedicated to serve only Customer. Any dedicated feeder circuit(s)
or substations shall be provided by SRP at the sole expense of Customer. Notwithstanding the foregoing, Customer may elect to
provide its own substation at Customers sole expense. Any dedicated substation, whether provided by SRP or Customer, shall
be owned, operated, and maintained by Customer or its agents at Customer's sole expense.
13. CUSTOMER shall indemnify, defend, and hold harmless SRP, the members of its governing bodies, and its directors, officers,
employees, agents and contractors for, from and against any loss, damage, liability, cost, or expense incurred by SRP, members
of its governing bodies, directors, officers, employees, agents or contractors arising out of any act or omission of CUSTOMER, or
its directors, officers, employees, agents, contractors, or subcontractors. CUSTOMER's obligation under this section shall extend
to defend SRP when SRP, or members of its governing bodies, directors, officers, employees, agents or contractors are allegedly
concurrently negligent with CUSTOMER, its directors, officers, employees, agents, contractors, or subcontractors, but shall not
extend to any liability caused by the sole negligence of SRP. CUSTOMER shall release SRP from any loss, damage, liability,
cost, or expense incurred by CUSTOMER arising out of (1) any delay by SRP in performing, completing, or inspecting any work or
(ii) any loss or damage to any installation prohibited by Section 9 caused by the negligent act or omission of SRP.
14. This Contract shall be interpreted, governed by and construed in accordance with the substantive and procedural laws of the
State of Arizona, without regard to conflicts of law principles. SRP and CUSTOMER agree that any action, suit, or proceeding
arising out of or relating to this Contract shall be initiated and prosecuted in a state or federal court of competent jurisdiction
located in Maricopa County, Arizona, and the parties irrevocably submit to the jurisdiction and venue of such court. To the fullest
extent permitted by law, SRP and CUSTOMER hereby irrevocably waive any and all rights to a trial by jury and covenant and
agree that neither will request a trial by jury, with respect to any legal proceeding arising out of or relating to this Contract.
15. The title to all work performed by SRP, or performed by CUSTOMER at SRP's request and accepted by SRP, shall remain with
SRP at all times.
16. CUSTOMER shall meet with an SRP inspector before construction begins. The meeting may be scheduled by calling
Customer improvements 602-236-0436 or the SRP Distribution Design Consultant.
17. Security deposits for electrical service also may be required. Please call 602.236,8833 at least 30 days prior to the meter -set
need -date.
Page 2 of 2
PAUL MOOD
FOUNTAIN HILLS TOWN OF
16705 E AVENUE OF THE FOUNTAINS
FOUNTAIN HILLS AZ 85268-3815
USA
Due Date:
03/02/2017
Invoice Date:
01/31/2017
Invoice Number:
6000037999
Customer Number:
100758
Net Amount Due:
$ 68,104.36
Service Address:
Town of Fntn Hills
Fountain Hills Blvd & Muskrat Ln
Fountain Hills AZ 85268
USA
For Questions Contact: ISABEL C MARTINEZ, 602-236-6131, SRPCONTRACT@SRPNET.COM
Construction - CIAC
Invoice Reference: T2172873.EV
Soecial Instruction: Desiqn and Construct Contract Phs 1 / Pri Relocate
Subtotal
$
68,104.36
State Tax
$
0.00
County Tax
$
0.00
City Tax
$
0.00
Freight
$
0.00
Total Due
8
68,104.36
TEAR OFF BELOW PORTION AND RETURN WITH CHECK TO Salt River Project
Please send checks to:
Salt River Project
PO Box 80042
Prescott, AZ 86304-8042
Invoice Number: 6000037999
Customer Number: 100758
Net Amount Paid: $
Please send Wires/ACH to:
ACH ABA#122100024
Wire ABA#021000021
Account#000005688
Page 1 of 1
4/AINf�f��cl�
o z
Z n
30
� VWis
'yi�fbaty tioo
Meeting Date: 3/2/2017
Agenda Type: Consent
TOWN OF FOUNTAIN HILLS
TOWN COUNCIL
AGENDA ACTION FORM
Meeting Type: Regular Session
Submitting Department: Administration
Staff Contact Information: David Trimble, Admin. Services Director, 480-816-5125, dtrimble@fh.az.gov
Strategic Planning Goal: Not Applicable (NA) Operational Priority: Not Applicable (NA)
REQUEST TO COUNCIL (Agenda Language): CONSIDERATION of RESOLUTION 2017-06, approving an
Intergovernmental Agreement amendment with the Regional Public Transportation Authority relating to Transit Services.
Applicant: NA
Applicant Contact Information:
Owner:
Owner Contact Information:
Property Location:
Related Ordinance, Policy or Guiding Principle:
Staff Summary (background): In Fiscal Year (FY) 2014-15, the Town entered into an agreement with the
Regional Public Transportation Authority (RPTA) to provide administration and transit services under the
RideChoice program. This program is funded with federal Americans with Disabilities (ADA) Public
Transportation Funds (PTF); therefore riders are required to qualify under the ADA or be 65 years of age or
older to obtain the monthly ride credit. Under the RideChoice program, qualified residents can receive up to
$75 per month in ride credit if they contribute $25. The $75 amount is funded through PTF dollars and is
administered by RPTA. The amendment for approval relates to FY 2015-16, FY 2016-17, and specifies the
dollar amount portions for the Town and PTF. For both fiscal years the Town portion is $0; while the PTF
maximum is $37,400 for FY 2015-16 and $38,400 for FY 2016-17. The previous maximum amount incurred
due to ridership and administration costs has been $13,108. Therefore, PTF dollars are expected to cover
100% of the cost of the RideChoice program based on past ridership and administration costs incurred. The
Town expects to bring a similar amendment for FY 2017-18 at a future Council meeting.
Risk Analysis (options or alternatives with implications):
Fiscal Impact (initial and ongoing costs; budget status): None
Budget Reference (page number):
Funding Source: Grant Fund
If Multiple Funds utilized, list here:
Budgeted; if No, attach Budget Adjustment Form: Yes
Page 1 of 2
Recommendation(s) by Board(s) or Commission(s): N/A
Staff Recommendation(s): Approve
List Attachment(s): Transit Services Amendment of Contract 124-75-2017, between the Town of Fountain
Hills and the Regional Public Transportation Authority for two fiscal years: 2015-16 and 2016-17.
Original Transit Services Agreement: Contract 124-75-2017
SUGGESTED MOTION (for council use): Move to approve Consent Agenda.
Prepared by:j,
David Trimble, Administraive Services Director 2/21/2017
Director's Approval
David rimble Administrative bervices Director 27 T/271-7
Ap roved:
rady E. Miller, To
nager 2/21/2017
Page 2 of 2
RESOLUTION NO. 2017-06
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, APPROVING AN AMENDMENT TO THE
INTERGOVERNMENTAL AGREEMENT WITH THE REGIONAL PUBLIC
TRANSPORTATION AUTHORITY RELATING TO TRANSIT SERVICES.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS as follows:
SECTION 1. The Amendment to the Intergovernmental Agreement with the Regional
Public Transportation Authority relating to transit services (the "Amendment") is hereby
approved in substantially the form and substance attached hereto as Exhibit A and incorporated
herein by reference.
SECTION 2. The Mayor, the Town Manager, the Town Clerk and the Town Attorney
are hereby authorized and directed to cause the execution of the Amendment and to take all steps
necessary to carry out the purpose and intent of this Resolution.
PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills,
Arizona, March 2, 2017.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
Linda M. Kavanagh, Mayor
REVIEWED BY:
Grady E. Miller, Town Manager
2903016.1
Bevelyn J. Bender, Town Clerk
APPROVED AS TO FORM:
Andrew J. McGuire, Town Attorney
EXHIBIT A
TO
RESOLUTION NO. 20I 7-06
[Amendment]
See following pages.
2903016.1
TRANSIT SERVICES AMENDMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
THE REGIONAL PUBLIC TRANSPORTATION AUTHORITY
CONTRACT # 124-75-2017
THIS AMENDMENT dated this 1 st day of July, 2015, amends the following items of the Transit
Service Agreement Contract # 200-75-2015 entered into between the Town of Fountain Hills and the
Regional Public Transportation Authority, dated the 1 st day of July 2014.
The following Schedules amend those Schedules of the agreement entered into
July 1, 2014.
The attached Schedule D amends Schedule D entered into July 1, 2014.
The attached Schedule E amends Schedule E entered into July 1, 2014.
All other terms of the Parties Transit Services Agreement dated July 1, 2014 remain
unchanged and in full force and effect.
FOUNTAINHILLS TRANSIT SERVICES IGA 2015 17
IN WITNESS WHEREOF, the Parties have each executed this Agreement as of the date
first set forth above.
REGIONAL PUBLIC TRANSPORTATION AUTHORITY (RPTA)
By:
Scott W. Smith, Chief Executive Officer
APPROVED AS TO FORM:
By:
Michael J. Minnaugh, General Counsel
TOWN OF FOUNTAIN HILLS (MEMBER)
By
Grady E. Miller, Town Manager
By:
Bevelyn J. Bender, Town Clerk
APPROVED AS TO FORM:
By:
Andrew McGuire, Member Attorney
2
FOUNTAIN HILLS 'TRANSIT SERVICES 1GA 2015 17
SCHEDULE "D" — RIDE CHOICE
FY 2015-16
MEMBER agrees to participate and financially support the Alternative Transportation
Services program for Fiscal Year 2015-2016. MEMBER shall fund this project in the amount of
$0.00 for the period July 1, 2015 to June 30, 2016. Member will pay the RPTA for the project in
twelve (12) monthly installments of $0.00. Payment of invoices shall become due within thirty
(30) calendar days after the receipt of an invoice from RPTA. A final reconciliation will be
completed by RPTA within sixty (60) days after the end of the fiscal year.
Town of Fountain Hills
RideChoice Program
Fiscal Year 2015 - 2016
Funding:
PTF ADA Funds
$11,308
Coupon Revenue
11800
City Contributions
0
Total Funding
$13,108
Expenditures:
Payments to Taxi Cab Companies
$4,950
Dialysis Voucher Program
$0
Program Cost
$4,950
Agency Staff, Overhead, Program Mgmt.
81158
Total Expenditures
$13,108
3
FOUNTAIN HILLS TRANSIT SERVICES IGA 2015 17
SCHEDULE "D" — RIDE CHOICE
FY 2016-17
MEMBER agrees to participate and financially support the Alternative Transportation
Services program for Fiscal Year 2016-2017. MEMBER shall fund this project in the amount of
$0.00 for the period July 1, 2016 to June 30, 2017. Member will pay the RPTA for the project in
twelve (12) monthly installments of $0.00. Payment of invoices shall become due within thirty
(30) calendar days after the receipt of an invoice from RPTA. A final reconciliation will be
completed by RPTA within sixty (60) days after the end of the fiscal year.
Town of Fountain Hills
Alternative Transportation Program
Fiscal Year 2016-2017
Funding:
Coupon Revenue
$1,298
New Freedom Grants
11200
PTF ADA Funds
77131
City Contributions
0
Total Funding
$9,629
Expenditures:
Alternative Transportation Program
$6,792
Dial sis Voucher Program
0
Program Cost
$6,792
Agency Staff, Overhead, Program Mgmt.
21837
Total Expenditures
$9,629
4
FOUNTAIN HILLS TRANSIT SERVICES IGA 2015 17
SCHEDULE "E" — AMERICANS WITH DISABILITIES ACT (ACT) — PUBLIC
TRANSPORTATION FUNDS (PTF) AVAILABILITY
For the period July 1, 2015 to June 30, 2016 the maximum amount of Public
Transportation Funds (PTF) available for the Town of Fountain Hills is $37,400.00. The PTF
will pay actual costs for ADA trips and other requests for Paratransit service made by ADA
certified Riders up to the maximum amount. A final reconciliation at fiscal year-end will be
performed and adjustments, if necessary, will be made using actual ADA eligible costs.
For the period July 1, 2016 to June 30, 2017 the maximum amount of Public
Transportation Funds (PTF) available for the Town of Fountain Hills is $38,400.00. The PTF
will pay actual costs for ADA trips and other requests for Paratransit service made by ADA
certified Riders up to the maximum amount. A final reconciliation at fiscal year-end will be
performed and adjustments, if necessary, will be made using actual ADA eligible costs.
Any remaining ADA PTF funds not used up to the maximum reimbursements may be
requested by Town for other ADA certified rider eligible expenses, and certified by the Town's
chief financial officer or designee. RPTA will reimburse Town within thirty (30) business days
based upon availability of funds. Town may request that reimbursements be made electronically.
Wire transfers must be pre -arranged through the RPTA Finance Department.
Maximum amount FY 2015-16 $379400.00
Maximum amount FY 2016-17 $389400.00
5
FOUNTAIN HILLS TRANSIT SERVICES IGA 2015 17
� r�cg fVla
All,
TRANSIT SERVICES AGREEMENT
BETWEEN THE TOWN OF FOUNTAIN HILLS ("Member")
AND
THE REGIONAL PUBLIC TRANSPORTATION AUTHORITY
Contract # 124-75-2015
THIS TRANSIT SERVICES AGREEMENT ("Agreement") is made and entered into
this 1st day of July, 2014 by and between the Town of Fountain Hills, a Arizona municipal
corporation (hereinafter referred to as "Member") and the Regional Public Transportation
Authority, a political subdivision of the state of Arizona (hereinafter referred to as "RPTA").
Member and RPTA are collectively referred to as the "Parties."
RECITALS
WHEREAS, Member has statutory authority to provide transit services and to enter into
agreements with other entities within Maricopa County to provide transit services (A.R.S.
Section 11-951, et seq.); and,
WHEREAS, RPTA is a political subdivision of the state of Arizona, established for the
purpose of planning and providing public transportation services (A.R.S. Section 48-5121;
A.R.S. Section 48-5101, et seq.); and,
WHEREAS, as a political subdivision of the state of Arizona RPTA "may contract and
enter into stipulations of any nature to do all acts necessary and convenient for the full exercise
of its powers granted under A.R.S. Section 48-5101, et seq., including entering into
intergovernmental agreements with other governmental entities (A.R.S. Section 11-951, et seq.);
and,
WHEREAS, RPTA is willing to provide, and Member is willing to purchase or receive
transportation services as detailed in this Agreement; and,
1
FOUNTAINHILLS TRANSIT SERVICES 1GA 2014 14
WHEREAS, transit activities are one of those types of activities authorized pursuant to
the aforementioned statutory and other authority,
AGREEMENT
NOW, THEREFORE, for and in consideration of the mutual covenants and
considerations herein contained, it is agreed by the Parties as follows:
SECTION 1, DEFINITIONS
The following capitalized terms shall have the following meaning when used in this
Agreement, unless a different meaning is clearly intended:
"RPTA" means the Regional Public Transportation Authority, a political subdivision of
the State of Arizona.
"Member" means the Town of Fountain Hills, Arizona municipal corporation and a
community within the service area of the Regional Public Transportation Authority (RPTA).
"Effective Date" means the date on which rights granted hereunder become operative, as
specified in Section 6 hereof.
"Force Maieure" means any event which: (i) causes either party to be unable to perform
under this agreement; and (ii) is outside the reasonable control of the party unable to perform and
could not be avoided by such parry through the exercise of due care. Force Majeure events
include, without limitation: terrorists, earthquakes, fires, floods, tornadoes, wars, labor strikes or
similar accidents, disputes or similar events.
2
FOUNTAIN HILLS TRANSIT SERVICES IGA 2014 15
SECTION 2. SCOPE OF AGREEMENT
During the term of this agreement RPTA shall provide the following services:
The Ride Choice Program (Schedule Q: Ride Choice is a program whichP rovides
subsidized taxicab services to Fountain Hills residents who have qualifying disabilities and/or
who are 65 years of age or more. Each qualifying resident will receive up to $100.00 of taxicab
service per month. The rider will pay 25% of the cost, and the Town willPaY nthe remaining 75%.
Americans with Disabilities Act ADA Public Transportation Funds PTF Schedule E
The RPTA shall transfer to the Member funds allocated by the Board of the RPTA, and specified
in Schedule E, for the purposes of reimbursing Member for the cost toP rovide Paratransit
services to ADA certified individuals. The Member shall submit a PTF Reimbursement Request
Form, Attachment A, certifying that the costs have been incurred and are eligible for
reimbursement.
SECTION 3. RPTA'S OBLIGATIONS:
3.1 With respect to the services provided hereunder, RPTA, shall:
a. Provide Fixed Route Bus, Dial -a -Ride Paratransit Services or other transit
services, administrative services, equipment, personnel and management
services directly or through contractors, as provided in this Agreement.
The RPTA shall ensure that the contractor(s) are duly qualified, licensed,
trained, and have adequate equipment to perform services under this
Agreement;
b. Draft and secure approval for annual operating budgets;
C. Intentionally deleted;
d. Administer the RideChoice Program.
e. Select, oversee and manage the RideChoice contractor and any
subcontractors utilized for this program.
3
FOUNTAIN HILLS TRANSIT SERVICES IGA 2014 15
1'. Create marketing materials, including brochures, applications and other
documents intended to inform the public about the RideChoice program.
g. Accept applications for RideChoice service and make determinations of
eligibility based on guidelines agreed to by the parties.
h. Forward information for eligible riders to the RideChoice contractor, who
will be responsible for enrolling the rider in the program, for providing the
fare card and for providing customer service and support to the rider as
he/she uses the RideChoice program.
i. Providing monthly reports and invoices to the Town.
j . Managing the budget which the Town has established for the RideChoice
program.
3.2 The RPTA and the Member may conduct service and financial audits, as required,
of any Services provided hereunder.
3.3 By February 21 of each year, the RPTA shall provide the Member with a detailed
written budget estimate for the provision of transit Services, including the expected sources and
amounts of funding for the next fiscal year. If the Member approves the budget estimate, RPTA
shall prepare an amendment to this Agreement for Member approval of the budget estimate.
SECTION 4, TOWN'S OBLIGATIONS:
4.1 with respect to the services provided hereunder, Member, shall:
a. If Member desires services in addition to the Services originally approved in the
schedules hereto, Member shall provide funding adequate to finance such services
over and above funding provided by the RPTA and Member.
b. Intentionally deleted;
c. The Member may purchase and install bus stop signs and associated amenities;
d. The Member shall provide advice to the RPTA and to any operator providing
service required by this Agreement in the preparation and amendment of service
plans;
4
FOUNTAIN HILLS TRANSIT SERVICES IGA 2014 15
e. Collaborate with Valley Metro on eligibility guidelines for the RideChoice
program.
f. Assist Valley metro with marketing and outreach as necessary.
g. Establish and communicate the annual budget for the program.
4.2 Member does hereby agree to participate in the Valley Metro Program(s) defined
in Section 2 of this agreement.
4.3 Transit Life Cycle Program: Intentionally deleted.
SECTION 5. TERM OF AGREEMENT
This Agreement shall be operative for an indefinite term to be amended on an annual
basis as service needs and as Public Transportation Fund (PTF) reimbursements are agreed. The
Parties do not intend that the term of this Agreement shall exceed any limitation imposed by law,
including, without limitation, the laws of the State of Arizona, and agree to comply with any
applicable requirements of such laws in connection with any renewal of the term of this
Agreement.
SECTION 6. EFFECTIVE DATE
This Agreement shall take effect only after it has been approved by Member's Council,
approved by the RPTA Board of Directors, executed by the duly authorized officials of each of
the Parties, approved by the Parties' respective counsel.
5
FOUNTAIN HILLS TRANSIT SERVICES IGA 2014 15
SECTION 7. GENERAL CONDITIONS
A. Records and Audit
All books, accounts, reports, files and other records relating to this Agreement
under the custody or control of RPTA or its contractors shall be subject, at all
reasonable times, to inspection and audit by Member and RPTA for five (S) years
after completion of this Agreement. Such records shall be produced at RPTA
offices as and when requested by Member.
B. Covenant Against Contingent Fees
Both Parties warrant that no person has been employed or retained to solicit or
secure this Agreement upon an agreement or understanding for a commission,
percentage, brokerage or contingent fee; and that no member of Congress, no
member of the Member's Council or the RPTA Board of Directors, and no
officer, agent, or employee of the Town or RPTA has any interest, financially or
otherwise, in this Agreement.
C. Alteration in Character of Work
Minor alterations in the character of work shall be authorized in writing by
Member and acknowledged by RPTA by letter.
D. Termination (and/or Changes in Service)
Member and RPTA hereby agree to full performance of the covenants and
obligations contained herein, except that each reserves the right, at its option and
sole discretion, to terminate or abandon the service provided for in this
Agreement, or any portion thereof.
Termination of this Agreement may be at any time and for any reason, with or
without cause, upon providing ninety (90) calendar days prior written notice to
the other Party. Termination shall be effected by delivery of a Notice of
Termination specifying the extent to which performance of work under the
6
FOUNTAIN HILLS TRANSIT SERVICES IGA 2014 15
Agreement is terminated, and the date upon which such termination becomes
effective.
Upon termination, RPTA shall calculate actual expenses incurred up to and
including the date of termination and (if termination was at the election of
Member) any penalty or costs whatsoever (including, but not limited to, any costs
of such termination as a result of Section 49 U.S.C. 1609 [formerly Section 13(c
of the Federal Transit Act of 1964, as amended) together with any penalty or costs
imposed by other funding sources and any related labor costs (the total of which is
hereinafter referred to as "termination costs'). If Member has paid RPTA sums in
excess of the termination costs, RPTA shall refund the excess; if Member has paid
RPTA an amount less than the termination costs, then Member shall pay to RPTA
an amount equal to the difference between the termination costs and the amount
that Member already has paid under this Agreement. Upon termination of this
Agreement, all property used in connection with this Agreement will be promptly
returned to the Party holding title thereto, not considering any state or federal
funding. Final payment shall be made within sixty (60) calendar days after the
termination of service.
SECTION 8. ADDITIONAL WORK
This Section is intentionally left blank.
SECTION 9. AGREEMENT NON -ASSIGNABLE
RPTA may not assign or otherwise transfer any of its rights or obligations hereunder to a
third Party without the express prior written consent of Member, which may be granted or
withheld by Member in its sole and absolute discretion. Any assignment or transfer without such
prior written consent shall be void.
7
FOUNTAIN HILLS TRANSIT SERVICES IGA 2014 15
SECTION 10. INDEMNIFICATION
Except for claims arising solely and exclusively from the negligent or willful acts or
omissions of Member, its officers, officials, agents or employees (hereinafter referred to as
"Indemnitee"), RPTA shall indemnify, defend, save and hold the Indemnitee harmless from and
against any and all claims, actions, liabilities, damages, losses, expenses and costs (including
court costs, attorneys' fees and costs of claim processing, primary loss investigation and
litigation) (hereinafter referred to as "Claims") for bodily injury or personal injury (including
death), loss or damage to tangible property: (1) arising under this Agreement, or (2) caused, or
alleged to be caused, in whole or in part, by the negligent or willful acts or omissions of RPTA
or any of its owners, officers, directors, agents, contractor or employees, including employees
from the Member assigned to work full time for RPTA.
It is the specific intent of the Parties to this contract that the Indemnitee shall, in all
instances except for loss or damage resulting from the sole and exclusive negligence of the
Indemnitee, be indemnified against all liability, loss or damage of any nature whatever for or on
account of any injuries to or the death of any person or damages to or the destruction of property
belonging to any person, arising out of or in any way connected with the performance of this
Agreement.
SECTION 11, INSURANCE
RPTA will maintain in force the insurance program approved the by RPTA Board of
Directors and included in RPTA's fiscal year budgets.
SECTION 12. DEFAULT
Either Party shall be deemed in default under this Agreement upon the failure of such
Party to observe or perform any material covenant, condition or agreement on its part to be
observed or performed hereunder, and the continuance of such failure for a period of thirty (30)
days after written notice by the other Party, as required herein. Such notice shall specify the
failure and request it be remedied, unless the Party giving notice agrees in writing to an
extension of the time period prior to its expiration. However, if the failure stated in the notice
8
FOUNTAIN HILLS TRANSIT SERVICES IGA 2014 15
cannot be corrected within the applicable period, it will not give rise to a default hereunder if
corrective action is instituted within the applicable period and diligently pursued until the failure
is corrected. In the event of a default hereunder, the non -defaulting Party may have a breach of
contract claim and remedy against the other in addition to any remedy provided or permitted by
law; provided, however, that no remedy that would have the affect of amending any provisions
of this Agreement shall become effective without the formal amendment of this Agreement.
SECTION 13. ISSUE RESOLUTION
Any dispute arising out of the interpretation of any provision of this Agreement, any
policy matter or the determination of an issue of fact, which dispute is not resolved at staff level,
shall be referred to RPTA's Chief Executive Officer and a representative designated by Member.
If, after good faith negotiations aimed at reaching an amicable solution, a dispute cannot be
resolved, the dispute shall be presented to the RPTA Board of Directors for resolution. If not
resolved at this level, the dispute may be brought before a court of competent jurisdiction in
Maricopa County, Arizona.
SECTION 14, NOTICE
Any notice, consent or other communication ("Notice") required or permitted under this
Agreement shall be in writing and either delivered in person, deposited in the United States mail,
postage paid, registered or certified mail, return receipt requested, or deposited with any
commercial air courier or express service addresses as follows:
If intended for RPTA:
Regional Public Transportation Authority
Attention: General Counsel
101 N. 1" Avenue, Suite 1300
Phoenix, AZ 85003
9
FOUNTAIN HILLS TRANSIT SERVICES IGA 2014 15
If intended for Member:
Town of Fountain Hills
Attn: Kenneth W. Buchanan, Town Manager
16705 East Avenue of the Fountains
Fountain Hills, Arizona 85268
with copy to:
Gust Rosenfeld, PLC
Attn: Andrew J. McGuire
One East Washington Street, Suite 1600
Phoenix, Arizona 85004
Notice shall be deemed received at the time it is personally served or, on the second day
after its deposit with any commercial air courier or express service, if mailed, ten (10) days after
the notice is deposited in the United States mail as provided. Any time period stated in a Notice
shall be computed from the time the Notice is deemed received. Either Party may change its
mailing address or the person designated to receive notice by notifying the other Party as
provided in this Section.
SECTION 15. AMENDMENT
This Agreement may be modified or amended only by a written document executed by
both RPTA and Member, approved as to form by the Member Attorney, and may be filed with
the Member's Clerk. Such document shall expressly state that it is intended by the Parties to
amend specifically identified terms and conditions of this Agreement.
SECTION 16, INTEGRATION
This Agreement, together will the exhibits, instruments and other documents required to
be executed and delivered in connection hereto represents the entire agreement of the parties
with respect to the subject matter hereof, and all agreements entered into prior hereto with
respect to the subject matter hereof are revoked and superseded by this Agreement, and no
representations, warranties, inducements or oral agreements have been made by any of the
10
FOUNTAIN HILLS TRANSIT SERVICES IGA 2014 15
parties except as expressly set forth herein, or in other contemporaneous written agreements.
This Agreement may not be changed, modified or rescinded except in writing g y , signed b all
parties hereto, and any attempt at oral modification of this Agreement shall be void and of no
effect.
SECTION 17. APPLICABLE LAW AND LITIGATION
This Agreement shall be governed by, and construed in accordance with, the laws of the
State of Arizona. Any and all litigation between the Parties arising from this Agreement shall be
litigated solely in the appropriate state court located in Maricop a County,Arizona.
SECTION 18. NON -WAIVER
No covenant or condition of this Agreement may be waived by any Party, , unless done so
in writing. Forbearance or indulgence by any Party in any regard whatsoever shall not constitute
a waiver of the covenants or conditions to be performed by the other.
SECTION 19, SEVERABILITY
Any provision of this Agreement that is prohibited or unenforceable under the laws of the
State of Arizona shall be ineffective to the extent of such prohibition or unenforceability without
invalidating the remaining provisions hereof.
SECTION 20, BENEFIT AND BINDING EFFECT
The terms and provisions of this Agreement shall inure to the benefit of and are binding
on RPTA and Member and their respective successors and permitted assigns.
SECTION 21. SURVIVAL
The indemnifications and limitations on liability provided in this Agreement shall have
full force and effect notwithstanding any other provisions of this Agreement and shall survive
any termination or expiration thereof.
SECTION 22. FURTHER ASSURANCES
The Parties hereto shall execute such other documents and take such other actions as may
be reasonably necessary or proper to achieve the intent and purposes hereof.
11
FOUNTAIN HILLS TRANSIT SERVICES IGA 2014 15
SECTION 23. CONFLICTS OF INTEREST
All Parties hereto acknowledge that this Agreement is subject to cancellation pursuant to
the provisions of Section 38-511, Arizona Revised Statutes.
SECTION 24. Intentionally deleted.
SECTION 25. CONSTRUCTION AND INTERPRETATION OF AGREEMENT
This Agreement, and each of its provisions, exhibits, terms and conditions, has been
reached through negotiations between the Parties. Accordingly, each of the Parties expressly
acknowledges and agrees that this Agreement shall not be deemed to have been authored,
prepared or drafted by any particular Party, and that the rule of construction that resolves
ambiguities against the drafting party shall not be employed in the interpretation of this
Agreement.
SECTION 26. THIRD -PARTY BENEFICIARIES
This Agreement is intended to benefit the corporate and municipal interests of RPTA and
Member alone, and no other person shall claim any implied right, benefit or interest in such
services. The Parties do not intend to create rights in or remedies to any third party as a
beneficiary of this Agreement or of any duty, covenant, obligation or undertaking established
under this Agreement.
SECTION 27. POLICE POWER
The Parties acknowledge the right vested in Member pursuant to general law to exercise
its police power for the protection of the health, safety and welfare of its constituents and their
properties. Nothing in this Agreement shall be construed as precluding Member from exercising
such powers in connection with the subject matter hereof.
12
FOUNTAIN HILLS TRANSIT SERVICES IGA 2014 15
SECTION 2$,
A. COMPLIANCE WITH THE IMMIGRATION REFORM AND CONTROL
ACT of 1986 (IRCA) and with A.R.S. § 23-Z11— § 23-214.
RPTA understands and acknowledges the applicability of IRCA and of § 23-211 through
§ 23-214, Arizona Revised Statutes (A.R.S.), to it. RPTA shall comply with IRCA and with
A.R.S. § 23-211 through § 23-214 in performing under this Agreement. To ensure that RPTA
and its subcontractors complying with the provisions of this Section, Member shall have the right
to inspect the personnel and related records and papers of RPTA and of its subcontractors
pertaining to individuals performing work under this Agreement.
Further, Member is prohibited by A.R.S. § 41-4401 from awarding an Agreement to any
contractor who fails, or whose subcontractors fail, to comply with A.R.S. § 23-214(A). For this
reason, RPTA shall ensure that both it and each of its subcontractors are in compliance with the
requirements of A.R.S. § 23-214(A). In addition, both RPTA and each of RPTA's
subcontractors shall warrant their compliance with all federal immigration laws and regulations
that relate to their employees and their compliance with A.R.S. § 23-214(A).
A breach of any of the provisions of this Section shall be deemed a material breach of
this Agreement and is subject to penalties up to and including termination of the Agreement.
SECTION 29. COMPLIANCE WITH THE E -VERIFY PROGRAM
29.1 warrant of Compliance - Under the provisions of A.R.S. §41-4401, both Parties
warrant to the other that each Party will comply with all Federal Immigration laws and
regulations that relate to their employees and that each now complies with the E -Verify Program
under A.R.S. §23-214(A).
29.2 Breach of warranty - A breach of this warranty will be considered a material
breach of this Agreement and may subject the breaching party to penalties up to and including
termination of this Agreement.
29.3 Right to Inspect - Both Parties retain the legal right to inspect the papers of any
13
FOUNTAIN HILLS TRANSIT SERVICES IGA 2014 15
employee who works on this Contract or subcontract to ensure compliance with the warranty
given above.
29.4 Random Verification - Either Party may conduct a random verification of the
employment records of the other to ensure compliance with this warranty.
29.5 Federal Employment Verification Provisions — No Material Breach. A Party will
not be considered in material breach of this Agreement if it establishes that it has complied with
the employment verification provisions prescribed by 8 USCA §1324(a) and (b) of the Federal
Immigration and Nationality Act and the E -Verify requirements prescribed by A.R.S. §23-
214(A).
29.6 Inclusion of Article in Other Contracts - The provisions of this Article must be
included in any contract either Party enters into with any and all of its contractors or
subcontractors who provide services under this Agreement.
SECTION 30. CIVIL RIGHTS
The parties agree that as a condition of this Agreement they will each comply with all
applicable civil rights laws and regulations, in accordance with applicable Federal directives,
except to the extent that the Federal government determines otherwise in writing. These include,
but are not limited to, those provisions of Section 12 of that certain United States of America
Department of Transportation Federal Transit Administration Master Agreement, dated October
1, 2009, as may be amended from time to time, which provisions are hereby incorporated by
reference.
SECTION 31. SUBJECT TO APPROPRIATIONS
The Town is obligated only to pay its obligations set forth in the 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
14
FOUNTAIN HILLS TRANSIT SERVICES IGA 2014 15
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 anibudget in any 'fiscal year
other than the fiscal year in which the 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 RPTA 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. RPTA 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.
SECTION 32. INCORPORATION OF EXHIBITS
For each year during the term of this Agreement and in coordination with RPTA's
adopted fiscal year budget process, Schedules hereto shall be revised and incorporated into this
Agreement and made a part hereof as though fully set forth herein.
Schedule "A"
Schedule "B"
Schedule "C"
Schedule "D"
Schedule "E"
Schedule "F"
Schedule "G"
Intentionally left blank
Intentionally left blank
Intentionally left blank
Ride Choice
Americans with Disabilities Act (ADA) Public Transportation Fund (PTF)
Intentionally left blank
Intentionally left blank
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FOUNTAIN HILLS TRANSIT SERVICES 1GA 2014 15
IN' WITNESS WHEREOF, the Parties have each executed this Agreement as of the date
first set forth above.
REGIONAL PUBLIC TRANSPORTATION AUTHORITY (RPTA)
Bv:
Stephen W./Banfta, Chief Executive Officer
APPROVED AS TO FORM:
ichael JXadino, General Counsel
TOWN OF FOUNTAIN HILLS (MEMBER)
By:
Linda M. davanagh, Mayor,
By:
Bevelyn J. BVndel, Town Clerk
APPRO Z D AS TO FORM:
By:
Andrew J. McGuire, Town Attorney
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SCHEDULE "A" INTENTIONALLY LEFT BLANK
SCHEDULE "B" INTENTIONALLY LEFT BLANK
SCHEDULE "C" INTENTIONALLY LEFT BLANK
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FOUNTAIN HILLS TRANSIT SERVICES IGA 2014 15
SCHEDULE 'I'D" — RIDE CHOICE
The Town of Fountain Hills agrees to participate and financially support the RideChoice
Transportation Services program for Fiscal Year 2014-2015. The Town of Fountain Hills shall
fund this project in the amount of $28,930.00 for the period July 1, 2014 to June 30, 2015. The
Town of Fountain Hills will pay the RPTA for the project in twelve (12) monthly installments of
$2,410.83. Payment of invoices shall become due within thirty (30) calendar days after the
receipt of an invoice from RPTA.
Regional Public Transportation Authority
RideChoice Program
Town of Fountain Hills
Fiscal Year 2014 - 2015
Funding:
PTF ADA Funds
$36,400
Coupon Revenue
13,440
City Contributions
28,930
Total Funding
$78.17
Expenditures:
Payments to Taxi Cab Com anies
$579670
Dialysis Voucher Program
,Program Cost
0
$57,9670
AgencyAg;pcy Staff, Overhead, Pro am M t.
One Time Setue Fee
169100
51000
Total Expenditures
$78,7701
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SCHEDULE "D" — RIDE CHOICE Cont.
RIDECHOICE PROGRAM
RideChoice is the name of the program that includes the RideChoice Medical Trip Card
and the RideChoice Fare Card. RPTA shall provide the services required to administer, market
and manage the Ride Choice program. The participating City will pay for costs of these
Alternative Transportation Services Programs.
RIDECHOICE MEDICAL TRIP CARD — Intentional deleted.
RIDECHOICE FARE CARD
The RideChoice Fare Card program is available to seniors and individuals with
disabilities who reside in the cities of Mesa, Chandler and Tempe and the Town of Fountain
Hills. Any value up to a maximum of $100 per month may be purchased/added to a customer's
card.
How it Works
• Individuals must complete a RideChoice application which is intended to gather
information needed to verify the individual's eligibility for RideChoice.
• Upon receipt of a completed application, Valley Metro staff will review the application
and make a determination of eligibility.
• Once an individual is deemed eligible, Valley Metro will forward the individual's name,
address and other required information to the RideChoice contractor. The RideChoice
contractor will create an electronic account for the new RideChoice customer.
• An eligible RideChoice customer will receive a letter indicating eligibility and a
RideChoice Fare Card. Once notified of his/her eligibility, the RideChoice customer will
be able to pay up to $25 per month to his/her account. Payments may be made via the
Internet or by mail.
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• Upon receipt of a payment, the RideChoice contractor will add four times the value of the
customer's payment to the customer's RideChoice account. This value will be available
to the rider via his/her RideChoice Fare Card. Riders can make payments in any
increment up to a total of $25 per month, and riders can carry unused RideChoice account
values forward from one month to the next. At no time can a rider's RideChoice account
accumulate more than $300.
• Once the RideChoice Customer's account is established and funds are deposited, the
customer can use any of approximately eight taxicab and transportation providers
enrolled as RideChoice providers. These companies are under subcontracts to our
RideChoice contractor. when taking a trip on RideChoice, the customer calls the
company of choice, indicates that he/she is a RideChoice customer, and schedules his/her
trip in the same manner that any other taxicab customer does so.
• At the time of the trip, the customer swipes his/her RideChoice card upon entering the
vehicle and upon exiting the vehicle. This creates a record of the beginning and ending
points of the trip, along with the date and the identity of the rider. Upon the conclusion of
the trip, the value of the trip is automatically deducted from the rider's RideChoice
account.
• Approximately three weeks after the end of each month, the RideChoice contractor
provides Valley Metro with an electronic file, showing all RideChoice trips taken. Data
includes the date, time, pick-up and drop-off locations, the rider's name, the mileage and
the cost of the trip. Valley Metro uses this information to allocate RideChoice costs
among the participating cities. Valley Metro provides each participating city with a
detailed report showing its share of the RideChoice service.
• Because funds may be limited, Valley metro can cap enrollment and/or adjust the subsidy
for a given city or town.
Valley Metro and the Town will establish a cap based on available funding. This cap may be
adjusted by Valley Metro at the direction of Fountain Hills, based on available funds or changes
in the amount of service to be provided to each eligible participant. Initially, this cap is set at 40
participants. Once the cap is reached, no new participants will be enrolled. Instead, qualified
residents will be placed on a waiting list. If and when participants drop off the service and/or in
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the event that Fountain Hills raises the cap, Valley Metro will enroll qualified residents on a first
come, first served basis until the cap is again reached. This procedure may be amended by the
mutual consent of the parties.
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SCHEDULE "E" — AMERICANS WITH DISABILITIES ACT (ACT) — PUBLIC
TRANSPORTATION FUNDS (PTF) AVAILABILITY
For the period July 1, 2014 to June 30, 2015 the maximum amount of Public
Transportation Funds (PTF) available for the Town of Fountain Hills's is $36,400.00. The PTF
will pay actual costs for ADA trips and other requests for Paratransit service made by ADA
certified Riders up to the maximum amount. A final reconciliation at fiscal year-end will be
performed and adjustments, if necessary, will be made using actual ADA eligible costs.
Any remaining ADA PTF funds not credited up to the maximum may be requested by
Town for other ADA certified rider eligible expenses, and certified by the Town's chief financial
officer or designee. RPTA will reimburse Town within thirty (30) business days based upon
availability of funds. Town may request that reimbursements be made electronically. Wire
transfers must be pre -arranged through the RPTA Finance Department.
Maximum amount: $36,400.00
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SCHEDULE "F" INTENTIONALLY LEFT BLANK
SCHEDULE "G" INTENTIONALLY LEFT BLANK
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ATTACHMENT "A" -- PTF EXPENSE REI.1Vi URS ENT REQUEST
Regional Public Transportation Authority
PTF Expenditure Reimbursement Request
The information provided will be used by the Regional Public Transportation Authority (RPTA) to monitor designated lead agency cash flow to
ensure compliance with ARS 48-5103. No further monies may be paid out under this prograrn unless this report is completed .and filed as
required.
RECIPIENT ORGANIZATION NAME AND ADDRESS PROJECT AGREEMENT NUMBER REQUEST NO.
REPORTING PERIOD (Dates)
FROM:
TOTAL ELIGIBLE COSTS
TOTAL. PREVIOUS PAYMENTS
CURRENT PAYMENT
REQUESTED
REMAINING
FUNDING
TO.
TOTAL .PTF SHARE
� S
S
$ $
REQUIRED SIGNATURE "+
This document must be signed by the recipient's Chief Financial Officer or their designated representative.
CERTIFICATION
I certify the financial expenditures submitted for reimbursement with this report, including supporting documentation, are eligible
and allowable expenditures consistent with the project goals and requirements, have not been previously requested, and that
payment is due. I also certify that all matching requirements have been met and sufficient documentation exists in our files and are
available upon request or in the event of an audit.
- ---------
SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL DATE REQUEST SUBMITTED
TYPED OR PRINTED NAME AND TITLE TELEPHONE
Instructions
1. Keep a copy of everything submitted.
2. All project records, including financial records, must be maintained for 3 years beyond project completion.
For RPTA use
Date request received: _ Life cycle compliance review (signature/date)
Approved for — -- - - ----- - - _
funds
availability
Gate of funds transfer
24
For Uiti°'1`AIN }-SILLS TRANSIT SERVICES IGA ?014 15
that is AY�ti
Meeting Date: 312/2017
Agenda Type: Regular
TOWN OF FOUNTAIN HILLS
Staff Contact Information: Mayor Linda M. Kavanagh
TOWN COUNCIL
AGENDA ACTION FORM
Meeting Type: Regular Session
Submitting Department: Council
REQUEST TO COUNCIL (Agenda Language): DISCUSSION WITH POSSIBLE DIRECTION TO STAFF regarding the
possible removal of a gate at Technology Drive. This item was added at the request of Councilmember Art Tolls,
Councilmember Cecil Yates, and Mayor Linda Kavanagh.
Applicant: N/A
Applicant Contact Information: N/A
Owner: Town
Owner Contact Information: N/A
Property Location: Technology Drive and Saguaro
Related Ordinance, Policy or Guiding Principle: N/A
Staff Summary (background): Before the Target shopping center was developed, Technology Drive extended
only from Saguaro Boulevard to Laser Drive in the FireRock Industrial Park. With the construction of the
Target shopping center, Technology Drive was extended through to Shea Boulevard and a section of Laser
between Technology and Saguaro was abandoned along the rear of the plaza. Several years ago, a gate was
placed on Technology Drive in response to citizen concerns about cut through traffic coming into their
neighborhood from nearby commercial and industrial developments such as the Target shopping Center and
later with the U -Haul Mini Storage development at Saguaro and Technology Drive.
At the request of Councilmembers Art Tolis and Cecil Yates, I was asked to place this item on the agenda for
Council consideration of removing the gate on Technology Drive. Both councilmembers have been
approached by business owners and residents wanting to improve vehicular access to this area by removing
the gate. The biggest complaint is that the gate results in vehicles utilizing the rear truck and loading access
behind the Target shopping center for normal traffic use. There is also an alley that people drive on which was
never designed to serve as a road; the alley is not very wide and causes safety issues for vehicles driving in
both directions. The gate also poses an issue for the U -Haul Storage located at the corner at Saguaro and
Technology. Due to the gate, it is difficult for potential customers to access the business from Saguaro which
forces customers to drive around to Technology off of Shea.
If the Town Council approves the removal of the gate, it is highly recommended that street signs prohibiting
commercial traffic be installed on the streets in this area to minimize the impact to the neighborhood due to this
traffic change.
Risk Analysis (options or alternatives with implications): N/A
Fiscal Impact (initial and ongoing costs; budget status): N/A
Page 1 of 2
Budget Reference (page number): N/A
Funding Source: NA
If Multiple Funds utilized, list here:
Budgeted; if No, attach Budget Adjustment Form: NA
Recommendation(s) by Board(s) or Commission(s): N/A
Staff Recommendation(s): N/A
List Attachment(s): N/A
SUGGESTED MOTION (for council use): MOVE TO PROVIDE DIRECTION TO STAFF regarding the removal of
the gate on Technology Drive.
Prepared by:
NA 3/2/2017
Director's Approval:
NA 3/2/2017
Approved:
K6t--��
Linda M. a aMybr 3/2/2017
Page 2 of 2
REFERENCE TITLE: wireless facilities; collocation; rights-of-way
State of Arizona
House of Representatives
Fifty-third Legislature
First Regular Session
2017
HB 2365
Introduced by
Representative Weninger: Senator Smith
AN ACT
AMENDING TITLE 11, ARIZONA REVISED STATUTES, BY ADDING CHAPTER 13;
RELATING TO WIRELESS SERVICES.
(TEXT OF BILL BEGINS ON NEXT PAGE)
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HB 2365
Be it enacted by the Legislature of
Section 1. Title 11, Arizona
chapter 13, to read:
the State of Arizona:
Revised Statutes, is amended by adding
CHAPTER 13
WIRELESS FACILITIES
ARTICLE 1. GENERAL PROVISIONS
11-1801. Definitions
IN THIS ARTICLE, UNLESS THE CONTEXT OTHERWISE REQUIRES:
1. "ANTENNA" MEANS COMMUNICATIONS EQUIPMENT THAT TRANSMITS OR
RECEIVES ELECTROMAGNETIC RADIO FREQUENCY SIGNALS AND THAT IS USED IN
PROVIDING WIRELESS SERVICES.
2. "APPLICABLE CODES" MEANS UNIFORM BUILDING, FIRE, ELECTRICAL,
PLUMBING OR MECHANICAL CODES THAT ARE ADOPTED BY A RECOGNIZED NATIONAL
CODE ORGANIZATION OR LOCAL AMENDMENTS TO THOSE CODES THAT ARE ENACTED
SOLELY TO ADDRESS IMMINENT THREATS OF DESTRUCTION OF PROPERTY OR INJURY TO
PERSONS AND TO AN EXTENT THAT IS NOT INCONSISTENT WITH THIS ARTICLE.
3. "APPLICANT" MEANS ANY PERSON THAT SUBMITS AN APPLICATION AND IS
A WIRELESS PROVIDER.
4. "APPLICATION" MEANS A REQUEST THAT IS SUBMITTED BY AN APPLICANT
TO AN AUTHORITY FOR A PERMIT TO A COLLOCATE SMALL WIRELESS FACILITIES OR
TO APPROVE THE INSTALLATION OR MODIFICATION OF A UTILITY POLE OR WIRELESS
SUPPORT STRUCTURE.
5. "AUTHORITY" MEANS ANY CITY, TOWN, COUNTY, SPECIAL DISTRICT OR
POLITICAL SUBDIVISION OF THIS STATE OR ANY CITY, TOWN OR COUNTY THAT IS
AUTHORIZED TO MAKE LEGISLATIVE, QUASI-JUDICIAL OR ADMINISTRATIVE DECISIONS
CONCERNING AN APPLICATION. AUTHORITY DOES NOT INCLUDE ANY STATE COURT
THAT HAS JURISDICTION OVER AN AUTHORITY.
6. "AUTHORITY POLE" MEANS:
(a) A UTILITY POLE, OTHER THAN A UTILITY POLE FOR DESIGNATED
SERVICES, THAT IS OWNED OR OPERATED BY AN AUTHORITY AND THAT IS IN A
RIGHT-OF-WAY, INCLUDING A UTILITY POLE THAT PROVIDES LIGHTING OR TRAFFIC
CONTROL FUNCTIONS SUCH AS LIGHT POLES, TRAFFIC SIGNALS AND STRUCTURES FOR
SIGNAGE.
(b) A POLE OR SIMILAR STRUCTURE THAT IS OWNED OR OPERATED BY AN
AUTHORITY, THAT IS IN A RIGHT-OF-WAY AND THAT SUPPORTS ONLY WIRELESS
FACILITIES.
7. "BASE STATION" MEANS WIRELESS FACILITIES OR A WIRELESS SUPPORT
STRUCTURE OR UTILITY POLE THAT CURRENTLY SUPPORTS WIRELESS FACILITIES.
BASE STATION DOES NOT INCLUDE A TOWER AS DEFINED IN 47 CODE OF FEDERAL
REGULATIONS SECTION 1.40001(b)(9) OR ASSOCIATED WIRELESS FACILITIES.
8. "COLLOCATE" OR "COLLOCATION" MEANS TO INSTALL, MOUNT, MAINTAIN,
MODIFY, OPERATE OR REPLACE WIRELESS FACILITIES ON OR ADJACENT TO A
WIRELESS SUPPORT STRUCTURE OR UTILITY POLE.
9. "COMMUNICATIONS SERVICE PROVIDER" MEANS A CABLE OPERATOR AS
DEFINED IN 47 UNITED STATES CODE SECTION 522(5), A PROVIDER OF INFORMATION
SERVICE AS DEFINED IN 47 UNITED STATES CODE SECTION 153(24), A
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HB 2365
TELECOMMUNICATIONS CARRIER AS DEFINED IN 47 UNITED STATES CODE
SECTION 153(51) OR A WIRELESS PROVIDER.
10. "FEE" MEANS A ONE-TIME CHARGE.
11. "LAW" MEANS ANY FEDERAL, STATE OR LOCAL LAW, STATUTE, COMMON
LAW, CODE, RULE, REGULATION, ORDER OR ORDINANCE.
12. "PERMIT" MEANS A WRITTEN AUTHORIZATION REQUIRED BY AN AUTHORITY
TO PERFORM AN ACTION OR INITIATE, CONTINUE OR COMPLETE A PROJECT.
13. "PERSON" MEANS AN INDIVIDUAL, CORPORATION, LIMITED LIABILITY
COMPANY, PARTNERSHIP, ASSOCIATION, TRUST OR OTHER ENTITY OR ORGANIZATION,
INCLUDING AN AUTHORITY.
14. "RATE" MEANS A RECURRING CHARGE.
15. "RIGHT-OF-WAY" MEANS THE AREA ON, BELOW OR ABOVE A PUBLIC
ROADWAY, HIGHWAY, STREET, SIDEWALK, ALLEY, UTILITY EASEMENT OR SIMILAR
PROPERTY. RIGHT-OF-WAY DOES NOT INCLUDE A FEDERAL INTERSTATE HIGHWAY.
16. "SMALL WIRELESS FACILITY" MEANS A WIRELESS FACILITY THAT MEETS
BOTH OF THE FOLLOWING QUALIFICATIONS:
(a) EACH ANTENNA IS LOCATED INSIDE AN ENCLOSURE OF NOT MORE THAN
SIX CUBIC FEET IN VOLUME OR, IN THE CASE OF AN ANTENNA THAT HAS EXPOSED
ELEMENTS, THE ANTENNA AND ALL OF THE ANTENNA'S EXPOSED ELEMENTS COULD FIT
WITHIN AN IMAGINARY ENCLOSURE OF NOT MORE THAN SIX CUBIC FEET IN VOLUME.
(b) ALL OTHER WIRELESS EQUIPMENT ASSOCIATED WITH THE FACILITY IS
CUMULATIVELY NOT MORE THAN TWENTY-EIGHT CUBIC FEET IN VOLUME. THE
FOLLOWING TYPES OF ASSOCIATED ANCILLARY EQUIPMENT ARE NOT INCLUDED IN THE
CALCULATION OF EQUIPMENT VOLUME PURSUANT TO THIS SUBDIVISION:
(i) AN ELECTRIC METER.
(ii) CONCEALMENT ELEMENTS.
(iii) A TELECOMMUNICATIONS DEMARCATION BOX.
(iv) GROUND-BASED ENCLOSURES.
(v) GROUNDING EQUIPMENT.
(vi) A POWER TRANSFER SWITCH.
(vii) A CUT-OFF SWITCH.
(viii) VERTICAL CABLE RUNS FOR THE CONNECTION OF POWER AND OTHER
SERVICES.
17. "SUBSTANTIAL MODIFICATION" MEANS A PROPOSED MODIFICATION TO AN
EXISTING WIRELESS SUPPORT STRUCTURE OR BASE STATION THAT WILL
SUBSTANTIALLY CHANGE THE PHYSICAL DIMENSIONS OF THE WIRELESS SUPPORT
STRUCTURE OR BASE STATION UNDER THE OBJECTIVE STANDARD FOR SUBSTANTIAL
CHANGE ADOPTED BY THE FEDERAL COMMUNICATIONS COMMISSION PURSUANT TO 47
CODE OF FEDERAL REGULATIONS SECTION 1.40001.
18. "UTILITY POLE" MEANS A POLE OR SIMILAR STRUCTURE THAT IS USED
IN WHOLE OR IN PART BY A COMMUNICATIONS SERVICE PROVIDER OR FOR ELECTRIC
DISTRIBUTION, LIGHTING, TRAFFIC CONTROL OR SIGNAGE OR A SIMILAR FUNCTION.
UTILITY POLE DOES NOT INCLUDE STRUCTURES SUPPORTING ONLY WIRELESS
FACILITIES.
19. "UTILITY POLE FOR DESIGNATED SERVICES" MEANS A UTILITY POLE IN
A RIGHT-OF-WAY THAT IS OWNED OR OPERATED BY AN AUTHORITY, PUBLIC UTILITY
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DISTRICT, ELECTRIC MEMBERSHIP CORPORATION OR RURAL ELECTRIC COOPERATIVE
AND THAT IS DESIGNED TO CARRY, OR USED IN WHOLE OR IN PART FOR THE PURPOSE
OF CARRYING, ELECTRIC DISTRIBUTION LINES OR CABLES OR WIRES FOR
TELECOMMUNICATIONS, CABLE OR ELECTRIC SERVICE.
20. "WIRELESS FACILITY":
(a) MEANS EQUIPMENT AT A FIXED LOCATION THAT ENABLES WIRELESS
COMMUNICATIONS BETWEEN USER EQUIPMENT AND A COMMUNICATIONS NETWORK,
INCLUDING BOTH OF THE FOLLOWING:
(i) EQUIPMENT ASSOCIATED WITH WIRELESS COMMUNICATIONS.
(ii) RADIO TRANSCEIVERS, ANTENNAS, COAXIAL OR FIBER-OPTIC CABLES,
REGULAR AND BACKUP POWER SUPPLIES AND COMPARABLE EQUIPMENT, REGARDLESS OF
TECHNOLOGICAL CONFIGURATION.
(b) INCLUDES SMALL WIRELESS FACILITIES.
(c) DOES NOT INCLUDE THE STRUCTURE OR IMPROVEMENTS ON, UNDER OR
WITHIN WHICH THE EQUIPMENT IS COLLOCATED.
21. "WIRELESS INFRASTRUCTURE PROVIDER" MEANS ANY PERSON, INCLUDING
A PERSON THAT IS AUTHORIZED TO PROVIDE TELECOMMUNICATIONS SERVICE IN THIS
STATE, THAT BUILDS OR INSTALLS WIRELESS COMMUNICATIONS TRANSMISSION
EQUIPMENT, WIRELESS FACILITIES OR WIRELESS SUPPORT STRUCTURES BUT THAT IS
NOT A WIRELESS SERVICES PROVIDER.
22. "WIRELESS PROVIDER" MEANS A WIRELESS INFRASTRUCTURE PROVIDER OR
A WIRELESS SERVICES PROVIDER.
23. "WIRELESS SERVICES" MEANS ANY SERVICES, WHETHER AT A FIXED
LOCATION OR MOBILE, THAT ARE PROVIDED USING WIRELESS FACILITIES.
24. "WIRELESS SERVICES PROVIDER" MEANS A PERSON THAT PROVIDES
WIRELESS SERVICES.
25. "WIRELESS SUPPORT STRUCTURE":
(a) MEANS:
(i) A FREESTANDING STRUCTURE, SUCH AS A MONOPOLE.
(ii) A TOWER, EITHER GUYED OR SELF-SUPPORTING.
(iii) A BILLBOARD.
(iv) ANY OTHER EXISTING OR PROPOSED STRUCTURE DESIGNED TO SUPPORT
OR CAPABLE OF SUPPORTING WIRELESS FACILITIES.
(b) DOES NOT INCLUDE A UTILITY POLE.
11-1802. Applicability: wireless provider: use of
right-of-way; rates and fees: right to access;
damage and repair of the right-of-way
A. THIS SECTION APPLIES TO THE ACTIVITIES OF A WIRELESS PROVIDER
WITHIN A RIGHT-OF-WAY.
B. AN AUTHORITY MAY NOT ENTER INTO AN EXCLUSIVE ARRANGEMENT WITH
ANY PERSON FOR USE OF A RIGHT-OF-WAY FOR THE CONSTRUCTION, OPERATION,
MARKETING OR MAINTENANCE OF WIRELESS FACILITIES OR WIRELESS SUPPORT
STRUCTURES OR THE COLLOCATION OF SMALL WIRELESS FACILITIES.
C. AN AUTHORITY MAY CHARGE A WIRELESS PROVIDER A RATE OR FEE FOR
THE USE OF A RIGHT-OF-WAY FOR THE CONSTRUCTION, INSTALLATION, MOUNTING,
MAINTENANCE, MODIFICATION, OPERATION OR REPLACEMENT OF A WIRELESS FACILITY
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HB 2365
OR WIRELESS SUPPORT STRUCTURE IN THE RIGHT-OF-WAY, INCLUDING COLLOCATION
IN THE RIGHT-OF-WAY, ONLY IF THE AUTHORITY CHARGES OTHER COMMUNICATIONS
SERVICE PROVIDERS OR PUBLICLY, COOPERATIVELY OR MUNICIPALLY OWNED
UTILITIES FOR THE USE OF THE RIGHT-OF-WAY. IF AN AUTHORITY CHARGES A RATE
OR FEE PURSUANT TO THIS SECTION, THE RATE OR FEE FOR A WIRELESS PROVIDER
MUST BE:
1. LIMITED TO NOT MORE THAN THE DIRECT AND ACTUAL COST OF MANAGING
THE RIGHT-OF-WAY.
2. COMPETITIVELY NEUTRAL IN REGARD TO OTHER USERS OF THE
RIGHT-OF-WAY, INCLUDING INVESTOR, AUTHORITY OR COOPERATIVELY OWNED
ENTITIES.
D. A RATE OR FEE CHARGED PURSUANT TO THIS SECTION MAY NOT DO ANY OF
THE FOLLOWING:
1. RESULT IN A DOUBLE RECOVERY WHERE EXISTING RATES, FEES OR TAXES
ALREADY RECOVER THE DIRECT AND ACTUAL COSTS OF MANAGING A RIGHT-OF-WAY.
2. BE IN THE FORM OF A FRANCHISE OR OTHER FEE BASED ON REVENUE OR
CUSTOMER COUNTS.
3. BE UNREASONABLE OR DISCRIMINATORY.
4. VIOLATE ANY APPLICABLE LAW.
5. EXCEED AN ANNUAL AMOUNT EQUAL TO TWENTY DOLLARS TIMES THE NUMBER
OF UTILITY POLES OR WIRELESS SUPPORT STRUCTURES IN THE AUTHORITY'S
GEOGRAPHIC JURISDICTION ON WHICH THE WIRELESS PROVIDER HAS COLLOCATED A
SMALL WIRELESS FACILITY ANTENNA.
E. IN RECOGNITION OF THE PUBLIC BENEFITS OF THE DEPLOYMENT OF
WIRELESS SERVICES, AN AUTHORITY, ON A NONDISCRIMINATORY BASIS, MAY REFRAIN
FROM CHARGING ANY RATE OR FEE TO A WIRELESS PROVIDER FOR THE USE OF THE
RIGHT-OF-WAY.
F. IF AN AUTHORITY HAS AN EXISTING RATE OR FEE TO CONSTRUCT,
INSTALL, MOUNT, MAINTAIN, MODIFY, OPERATE OR REPLACE A WIRELESS FACILITY
OR WIRELESS SUPPORT STRUCTURE IN A RIGHT-OF-WAY CONTROLLED BY THE
AUTHORITY, INCLUDING COLLOCATION IN THE RIGHT-OF-WAY, AND THE RATE OR FEE
DOES NOT COMPLY WITH THE REQUIREMENTS OF THIS SECTION, NOT LATER THAN SIX
MONTHS AFTER THE EFFECTIVE DATE OF THIS SECTION, THE AUTHORITY SHALL RESET
THE RATE OR FEE IN COMPLIANCE WITH THIS SECTION FOR ALL AFFECTED PERSONS.
G. SUBJECT TO THIS SECTION AND THE APPROVAL OF AN APPLICATION, IF
REQUIRED, A WIRELESS PROVIDER SHALL HAVE THE RIGHT, AS A PERMITTED USE
THAT IS NOT SUBJECT TO ZONING REVIEW OR APPROVAL, TO COLLOCATE WIRELESS
FACILITIES AND CONSTRUCT, MODIFY, MAINTAIN AND OPERATE UTILITY POLES,
WIRELESS SUPPORT STRUCTURES, CONDUIT, CABLE AND RELATED APPURTENANCES AND
FACILITIES ALONG, ACROSS, ON AND UNDER THE RIGHT-OF-WAY. SUCH STRUCTURES
AND FACILITIES SHALL BE CONSTRUCTED AND MAINTAINED AS TO NOT OBSTRUCT OR
HINDER THE USUAL TRAVEL OR PUBLIC SAFETY ON THE RIGHT-OF-WAY OR OBSTRUCT
THE LEGAL USE OF THE RIGHT-OF-WAY BY OTHER UTILITIES. EACH NEW OR
MODIFIED UTILITY POLE AND WIRELESS SUPPORT STRUCTURE INSTALLED IN THE
RIGHT-OF-WAY MAY NOT EXCEED THE GREATER OF TEN FEET IN HEIGHT ABOVE THE
TALLEST EXISTING UTILITY POLE THAT IS IN PLACE AS OF THE EFFECTIVE DATE OF
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HB 2365
THIS SECTION, THAT IS LOCATED WITHIN FIVE HUNDRED FEET OF THE NEW UTILITY
POLE AND THAT IS IN THE SAME RIGHT-OF-WAY OR FIFTY FEET ABOVE GROUND
LEVEL. NEW WIRELESS FACILITIES IN THE RIGHT-OF-WAY MAY NOT EXTEND MORE
THAN TEN FEET ABOVE AN EXISTING UTILITY POLE OR WIRELESS SUPPORT STRUCTURE
IN PLACE AS OF THE EFFECTIVE DATE OF THIS SECTION OR ABOVE THE HEIGHT
PERMITTED FOR A NEW UTILITY POLE OR WIRELESS SUPPORT STRUCTURE UNDER THIS
SECTION.
H. NOTWITHSTANDING SUBSECTION G OF THIS SECTION:
1. A WIRELESS PROVIDER HAS THE RIGHT TO CONSTRUCT, MODIFY AND
MAINTAIN A UTILITY POLE, WIRELESS SUPPORT STRUCTURE OR WIRELESS FACILITY
THAT EXCEEDS THE SIZE LIMITS PROVIDED IN SUBSECTION G OF THIS SECTION
ALONG, ACROSS, ON AND UNDER A RIGHT-OF-WAY, SUBJECT TO APPLICABLE ZONING
REGULATIONS.
2. APPLICANTS SHALL COMPLY WITH NONDISCRIMINATORY UNDERGROUNDING
REQUIREMENTS THAT PROHIBIT COMMUNICATIONS SERVICE PROVIDERS FROM
INSTALLING STRUCTURES IN A RIGHT-OF-WAY WITHOUT PRIOR ZONING APPROVAL IN
AREAS THAT ARE ZONED FOR SINGLE-FAMILY RESIDENTIAL USE, IF THE
REQUIREMENTS DO NOT PROHIBIT THE REPLACEMENT OF EXISTING STRUCTURES.
I. AN AUTHORITY MUST BE COMPETITIVELY NEUTRAL IN REGARD TO OTHER
USERS OF A RIGHT-OF-WAY IN THE ADMINISTRATION AND REGULATION RELATED TO
THE MANAGEMENT OF THE RIGHT-OF-WAY, INCLUDING THAT TERMS MAY NOT BE
UNREASONABLE OR DISCRIMINATORY AND MAY NOT VIOLATE ANY APPLICABLE LAW.
J. AN AUTHORITY MAY REQUIRE A WIRELESS PROVIDER TO REPAIR ALL
DAMAGE TO A RIGHT -OF WAY THAT IS DIRECTLY CAUSED BY THE ACTIVITIES OF THE
WIRELESS PROVIDER WHILE OCCUPYING, INSTALLING, REPAIRING OR MAINTAINING
WIRELESS FACILITIES, WIRELESS SUPPORT STRUCTURES OR UTILITY POLES IN THE
RIGHT-OF-WAY AND TO RETURN THE RIGHT-OF-WAY TO THE RIGHT-OF-WAY'S
FUNCTIONAL EQUIVALENCE BEFORE THE DAMAGE PURSUANT TO THE COMPETITIVELY
NEUTRAL, REASONABLE REQUIREMENTS AND SPECIFICATIONS OF THE AUTHORITY. IF
THE WIRELESS PROVIDER FAILS TO MAKE THE REPAIRS REQUIRED BY THE AUTHORITY
WITHIN A REASONABLE TIME AFTER WRITTEN NOTICE, THE AUTHORITY MAY MAKE THE
REPAIRS AND CHARGE THE APPLICABLE PARTY THE REASONABLE, DOCUMENTED COST OF
THE REPAIRS.
11-1803. Applicability: collocation of small wireless
facilities: permits: application: fee: application
fee limitations
A. THIS SECTION APPLIES TO THE ACTIVITIES OF A WIRELESS PROVIDER
WITHIN OR OUTSIDE OF A RIGHT-OF-WAY.
B. EXCEPT AS PROVIDED IN THIS SECTION AND SECTIONS 11-1802, 11-1804
AND 11-1805, AN AUTHORITY MAY NOT PROHIBIT, REGULATE OR CHARGE FOR THE
COLLOCATION OF SMALL WIRELESS FACILITIES.
C. A SMALL WIRELESS FACILITY IS CLASSIFIED AS A PERMITTED USE AND
IS NOT SUBJECT TO ZONING REVIEW OR APPROVAL IF THE SMALL WIRELESS FACILITY
IS COLLOCATED IN A RIGHT-OF-WAY IN ANY ZONE OR OUTSIDE OF A RIGHT-OF-WAY
IN PROPERTY THAT IS NOT ZONED EXCLUSIVELY FOR SINGLE-FAMILY RESIDENTIAL
USE.
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D. AN AUTHORITY MAY REQUIRE AN APPLICANT TO OBTAIN ONE OR MORE
PERMITS TO COLLOCATE A SMALL WIRELESS FACILITY IF THE PERMIT REQUIREMENT
IS OF GENERAL APPLICABILITY AND DOES NOT APPLY EXCLUSIVELY TO WIRELESS
FACILITIES. AN APPLICANT SEEKING TO COLLOCATE MULTIPLE SMALL WIRELESS
FACILITIES WITHIN THE JURISDICTION OF A SINGLE AUTHORITY MAY FILE A
CONSOLIDATED APPLICATION AND RECEIVE A SINGLE PERMIT FOR THE COLLOCATION
OF MULTIPLE SMALL WIRELESS FACILITIES.
E. AN AUTHORITY SHALL:
1. ACCEPT APPLICATIONS FOR, PROCESS AND ISSUE PERMITS TO COLLOCATE
A SMALL WIRELESS FACILITY.
2. WITHIN TEN DAYS AFTER RECEIVING AN APPLICATION, DETERMINE AND
NOTIFY THE APPLICANT WHETHER THE APPLICATION IS COMPLETE. IF AN
APPLICATION IS INCOMPLETE, THE AUTHORITY MUST SPECIFICALLY IDENTIFY THE
INFORMATION MISSING FROM THE APPLICATION.
3. PROCESS EACH APPLICATION ON A NONDISCRIMINATORY BASIS. AN
APPLICATION IS DEEMED APPROVED IF THE AUTHORITY FAILS TO APPROVE OR DENY
THE APPLICATION WITHIN SIXTY DAYS AFTER RECEIVING THE APPLICATION.
4. APPROVE AN APPLICATION UNLESS THE APPLICATION DOES NOT MEET THE
APPLICABLE CODES.
5. IF AN APPLICATION IS DENIED, DOCUMENT THE BASIS FOR A DENIAL,
INCLUDING THE SPECIFIC CODE PROVISIONS ON WHICH THE DENIAL WAS BASED, AND
SEND THE DOCUMENTATION TO THE APPLICANT ON OR BEFORE THE DATE THAT THE
APPLICATION IS DENIED. THE APPLICANT MAY CURE THE DEFICIENCIES IDENTIFIED
BY THE AUTHORITY AND RESUBMIT THE APPLICATION WITHIN THIRTY DAYS AFTER THE
DENIAL WITHOUT PAYING AN ADDITIONAL APPLICATION FEE. THE AUTHORITY SHALL
APPROVE OR DENY THE REVISED APPLICATION WITHIN THIRTY DAYS AFTER RECEIVING
THE REVISED APPLICATION. ANY SUBSEQUENT REVIEW IS LIMITED TO THE
DEFICIENCIES CITED IN THE DENIAL.
F. AN AUTHORITY MAY NOT:
1. DIRECTLY OR INDIRECTLY REQUIRE AN APPLICANT TO PERFORM SERVICES
THAT ARE UNRELATED TO THE COLLOCATION FOR WHICH APPROVAL IS SOUGHT, SUCH
AS IN-KIND CONTRIBUTIONS TO THE AUTHORITY, INCLUDING RESERVING FIBER,
CONDUIT OR POLE SPACE FOR THE AUTHORITY.
2. REQUIRE AN APPLICANT TO PROVIDE MORE INFORMATION TO OBTAIN A
PERMIT THAN THE AUTHORITY REQUIRES OF A COMMUNICATIONS SERVICE PROVIDER
THAT IS NOT A WIRELESS PROVIDER.
3. INSTITUTE, EITHER EXPRESSLY OR DE FACTO, A MORATORIUM ON FILING,
RECEIVING OR PROCESSING APPLICATIONS OR ISSUING PERMITS OR OTHER
APPROVALS, IF ANY, FOR THE COLLOCATION OF A SMALL WIRELESS FACILITY.
4. REQUIRE AN APPLICATION FOR ROUTINE MAINTENANCE OR THE
REPLACEMENT OF WIRELESS FACILITIES WITH WIRELESS FACILITIES THAT ARE
SUBSTANTIALLY SIMILAR OR THE SAME SIZE OR SMALLER. AN AUTHORITY MAY
REQUIRE A PERMIT TO WORK WITHIN A RIGHT-OF-WAY FOR SUCH ACTIVITIES, IF
APPLICABLE. A PERMIT ISSUED PURSUANT TO THIS PARAGRAPH IS SUBJECT TO THE
REQUIREMENTS OF THIS SECTION.
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G. COLLOCATION FOR WHICH A PERMIT IS GRANTED SHALL BEGIN WITHIN ONE
YEAR AFTER THE APPROVAL DATE AND BE PURSUED TO COMPLETION. ANY TIME
LIMITATION PLACED ON A PERMIT IS VOID UNLESS THE APPLICANT SUBSEQUENTLY
AND VOLUNTARILY REQUESTS THAT THE PERMIT BE TERMINATED.
H. AN AUTHORITY MAY CHARGE AN APPLICATION FEE ONLY IF AN
APPLICATION FEE IS REQUIRED FOR SIMILAR TYPES OF COMMERCIAL DEVELOPMENT
WITHIN THE AUTHORITY. AN APPLICATION FEE IS LIMITED TO THE ACTUAL, DIRECT
AND REASONABLE COSTS THAT ARE INCURRED BY THE AUTHORITY AND THAT RELATE TO
THE GRANTING OR PROCESSING OF AN APPLICATION. AN APPLICATION FEE SHALL BE
REASONABLY RELATED IN TIME TO THE INCURRING OF SUCH COSTS. IF SUCH COSTS
ARE ALREADY RECOVERED BY EXISTING FEES, RATES OR TAXES THAT ARE PAID BY A
WIRELESS PROVIDER, AN AUTHORITY MAY NOT CHARGE AN APPLICATION FEE TO
RECOVER SUCH COSTS. AN APPLICATION FEE MAY NOT INCLUDE:
1. THIRD -PARTY TRAVEL EXPENSES THAT ARE INCURRED TO REVIEW AN
APPLICATION.
2. THE DIRECT PAYMENT OR REIMBURSEMENT OF THIRD -PARTY RATES OR FEES
THAT ARE CHARGED ON A CONTINGENCY BASIS OR PURSUANT TO A RESULT -BASED
ARRANGEMENT.
I. THE TOTAL APPLICATION FEE, IF ALLOWED, MAY NOT EXCEED THE LESSER
OF THE AMOUNT CHARGED BY THE AUTHORITY FOR A BUILDING PERMIT FOR ANY
SIMILAR COMMERCIAL CONSTRUCTION, ACTIVITY OR LAND USE DEVELOPMENT OR ONE
HUNDRED DOLLARS EACH FOR UP TO FIVE SMALL WIRELESS FACILITIES ADDRESSED IN
AN APPLICATION AND FIFTY DOLLARS FOR EACH ADDITIONAL SMALL WIRELESS
FACILITY ADDRESSED IN THE APPLICATION.
J. IN ANY CONTROVERSY CONCERNING THE APPROPRIATENESS OF AN
APPLICATION FEE, THE AUTHORITY HAS THE BURDEN OF PROOF THAT THE
APPLICATION FEE IS REASONABLY RELATED TO THE ACTUAL, DIRECT AND REASONABLE
COSTS INCURRED BY THE AUTHORITY.
11-1804. Applicability: structures subject to zoning: time
frames: application: fees
A. THIS SECTION APPLIES TO THE FOLLOWING:
1. ZONING REVIEWS FOR:
(a) A SUBSTANTIAL MODIFICATION OUTSIDE OF A RIGHT-OF-WAY.
(b) THE MODIFICATION OF EXISTING OR THE INSTALLATION OF NEW
WIRELESS SUPPORT STRUCTURES, UTILITY POLES AND WIRELESS FACILITIES THAT
ARE SUBJECT TO ZONING REVIEW AND APPROVAL AND NOT A PERMITTED USE UNDER
SECTION 11-1802, SUBSECTIONS G AND H OR SECTION 11-1803, SUBSECTION C.
2. ACTIVITIES OF THE WIRELESS PROVIDER WITHIN OR OUTSIDE OF A
RIGHT-OF-WAY.
B. AN AUTHORITY SHALL:
1. ACCEPT AND PROCESS APPLICATIONS FOR A SUBSTANTIAL MODIFICATION
OUTSIDE OF A RIGHT-OF-WAY OR THE MODIFICATION OF EXISTING OR THE
INSTALLATION OF NEW WIRELESS SUPPORT STRUCTURES, UTILITY POLES OR WIRELESS
FACILITIES.
2. WITHIN THIRTY DAYS AFTER RECEIVING AN APPLICATION, NOTIFY THE
APPLICANT WHETHER THE APPLICATION IS COMPLETE. IF AN APPLICATION IS
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INCOMPLETE, THE AUTHORITY MUST SPECIFICALLY IDENTIFY THE INFORMATION
MISSING FROM THE APPLICATION.
3. PROCESS EACH APPLICATION ON A NONDISCRIMINATORY BASIS. AN
APPLICATION IS DEEMED APPROVED IF THE AUTHORITY FAILS TO APPROVE OR DENY
THE APPLICATION WITHIN ONE HUNDRED FIFTY CALENDAR DAYS AFTER RECEIPT OF AN
APPLICATION FOR THE MODIFICATION OF EXISTING OR THE INSTALLATION OF NEW
WIRELESS SUPPORT STRUCTURES, UTILITY POLES OR WIRELESS FACILITIES OR
WITHIN NINETY CALENDAR DAYS AFTER RECEIPT OF AN APPLICATION FOR A
SUBSTANTIAL MODIFICATION. THE TIME PERIOD FOR APPROVAL MAY BE TOLLED TO
ACCOMMODATE TIMELY REQUESTS FOR INFORMATION REQUIRED TO COMPLETE THE
APPLICATION OR MAY BE EXTENDED BY MUTUAL AGREEMENT BETWEEN THE APPLICANT
AND AUTHORITY.
4. IF AN APPLICATION IS DENIED, NOTIFY THE APPLICANT IN WRITING AND
PROVIDE SUBSTANTIAL SUPPORTING EVIDENCE IN THE WRITTEN RECORD. THE
WRITTEN NOTIFICATION OF THE DENIAL AND THE SUPPORTING EVIDENCE SHALL BE
PUBLICLY RELEASED CONTEMPORANEOUSLY. IF AN APPLICATION IS DENIED, THERE
MUST BE A REASONABLE BASIS FOR THE DENIAL. AN AUTHORITY MAY NOT DENY AN
APPLICATION IF THE DENIAL IS DISCRIMINATORY AGAINST THE APPLICANT WITH
RESPECT TO THE PLACEMENT OF THE FACILITIES OF OTHER WIRELESS PROVIDERS.
C. AN AUTHORITY MAY NOT:
1. REQUIRE AN APPLICANT TO SUBMIT INFORMATION ABOUT THE APPLICANT'S
BUSINESS DECISIONS REGARDING THE NEED FOR THE WIRELESS SUPPORT STRUCTURE,
UTILITY POLE OR WIRELESS FACILITIES.
2. REQUIRE AN APPLICANT TO SUBMIT INFORMATION ABOUT, OR EVALUATE AN
APPLICANT'S BUSINESS DECISIONS REGARDING THE APPLICANT'S SERVICE, CUSTOMER
DEMAND FOR SERVICE OR QUALITY OF SERVICE.
3. INSTITUTE, EITHER EXPRESSLY OR DE FACTO, A MORATORIUM ON FILING,
RECEIVING OR PROCESSING APPLICATIONS OR ISSUING APPROVALS FOR SUBSTANTIAL
MODIFICATIONS OR INSTALLATIONS THAT ARE NOT A PERMITTED USE.
D. AN AUTHORITY MAY:
1. ADOPT REASONABLE REQUIREMENTS REGARDING THE APPEARANCE OF
FACILITIES, INCLUDING THOSE RELATING TO MATERIALS USED OR ARRANGING,
SCREENING OR LANDSCAPING.
2. ADOPT SETBACK OR FALL ZONE REQUIREMENTS THAT ARE SUBSTANTIALLY
SIMILAR TO A SETBACK OR FALL ZONE REQUIREMENT THAT IS IMPOSED ON OTHER
TYPES OF COMMERCIAL STRUCTURES OF A SIMILAR HEIGHT.
3. CHARGE AN APPLICATION FEE. ANY APPLICATION FEE IS SUBJECT TO
THE REQUIREMENTS PROVIDED IN SECTION 11-1803, SUBSECTIONS H AND J. THE
TOTAL APPLICATION FEE, IF ALLOWED, MAY NOT EXCEED THE LESSER OF THE AMOUNT
CHARGED BY THE AUTHORITY FOR A BUILDING PERMIT FOR ANY SIMILAR COMMERCIAL
CONSTRUCTION, ACTIVITY OR LAND USE DEVELOPMENT OR ONE THOUSAND DOLLARS FOR
THE MODIFICATION OF EXISTING OR THE INSTALLATION OF NEW WIRELESS SUPPORT
STRUCTURES, UTILITY POLES OR WIRELESS FACILITIES OR A SUBSTANTIAL
MODIFICATION OF A WIRELESS SUPPORT STRUCTURE.
E. AN APPLICANT'S BUSINESS DECISIONS REGARDING THE TYPE AND
LOCATION OF WIRELESS FACILITIES, WIRELESS SUPPORT STRUCTURES OR UTILITY
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POLES OR THE TECHNOLOGY TO BE USED ARE PRESUMED TO BE REASONABLE. THIS
PRESUMPTION DOES NOT APPLY TO THE HEIGHT OF WIRELESS FACILITIES, WIRELESS
SUPPORT STRUCTURES OR UTILITY POLES. AN AUTHORITY MAY CONSIDER THE HEIGHT
OF SUCH STRUCTURES IN THE ZONING REVIEW, PROVIDED THAT IT DOES NOT
UNREASONABLY DISCRIMINATE BETWEEN THE APPLICANT AND OTHER COMMUNICATIONS
SERVICE PROVIDERS.
F. THE APPROVAL TERM OF AN APPLICATION DOES NOT EXPIRE, EXCEPT THAT
CONSTRUCTION OF THE APPROVED STRUCTURE OR FACILITIES SHALL BEGIN WITHIN
TWO YEARS AFTER FINAL APPROVAL AND BE DILIGENTLY PURSUED TO COMPLETION.
11-1805. Access to authority poles or utility poles for
designated services: rates and fees: collocations
for other commercial projects or uses
A. A PERSON THAT OWNS OR CONTROLS AUTHORITY POLES OR UTILITY POLES
FOR DESIGNATED SERVICES MAY NOT ENTER INTO AN EXCLUSIVE ARRANGEMENT WITH
ANY PERSON FOR THE RIGHT TO ATTACH TO SUCH POLES.
B. THE RATES AND FEES FOR COLLOCATION ON AUTHORITY POLES OR UTILITY
POLES FOR DESIGNATED SERVICES SHALL BE NONDISCRIMINATORY REGARDLESS OF THE
SERVICES PROVIDED BY THE COLLOCATING PERSON.
C. THE RATE TO COLLOCATE ON UTILITY POLES FOR DESIGNATED SERVICES
MAY NOT EXCEED THE ANNUAL RECURRING RATE THAT WOULD BE PERMITTED UNDER
RULES ADOPTED BY THE FEDERAL COMMUNICATIONS COMMISSION UNDER 47 UNITED
STATES CODE SECTION 224(e) IF THE RATES WERE REGULATED BY THE FEDERAL
COMMUNICATIONS COMMISSION OR TWENTY DOLLARS PER YEAR PER UTILITY POLE FOR
DESIGNATED SERVICES, WHICHEVER IS LESS.
D. THE RATE TO COLLOCATE ON AUTHORITY POLES SHALL RECOVER THE
ACTUAL, DIRECT AND REASONABLE COSTS RELATED TO THE APPLICANT'S APPLICATION
FOR AND USE OF SPACE ON THE AUTHORITY POLE. THE TOTAL ANNUAL RATE FOR
COLLOCATIONS AND ANY ACTIVITIES RELATED TO SUCH COLLOCATIONS MAY NOT
EXCEED THE LESSER OF THE ACTUAL, DIRECT AND REASONABLE COSTS RELATED TO
THE COLLOCATION ON THE AUTHORITY POLE OR TWENTY DOLLARS PER YEAR PER
AUTHORITY POLE. IN ANY CONTROVERSY CONCERNING THE APPROPRIATENESS OF A
RATE FOR AN AUTHORITY POLE, THE AUTHORITY HAS THE BURDEN OF PROVING THAT
THE RATES ARE REASONABLY RELATED TO THE ACTUAL, DIRECT AND REASONABLE
COSTS THAT ARE INCURRED FOR THE USE OF SPACE ON THE AUTHORITY POLE FOR THE
PERIOD.
E. IF AN AUTHORITY, MUNICIPALLY OWNED OR OPERATED PERSON, PUBLIC
UTILITY DISTRICT OR COOPERATIVE HAS AN EXISTING POLE ATTACHMENT RATE, FEE
OR OTHER TERM THAT DOES NOT COMPLY WITH THE REQUIREMENTS OF THIS SECTION,
THE AUTHORITY, MUNICIPALLY OWNED OR OPERATED PERSON, PUBLIC UTILITY
DISTRICT OR COOPERATIVE SHALL CHANGE THE RATE, FEE OR TERM IN COMPLIANCE
WITH THIS SECTION NOT LATER THAN SIX MONTHS AFTER THE EFFECTIVE DATE OF
THIS SECTION.
F. A PERSON THAT OWNS OR CONTROLS AUTHORITY POLES AND UTILITY POLES
FOR DESIGNATED SERVICES THAT ARE OWNED OR CONTROLLED BY AN AUTHORITY SHALL
ESTABLISH AND MAKE AVAILABLE RATES, FEES AND TERMS FOR THE COLLOCATION OF
SMALL WIRELESS FACILITIES ON SUCH POLES WITHIN THE LATER OF SIX MONTHS
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AFTER THE EFFECTIVE DATE OF THIS SECTION OR THREE MONTHS AFTER RECEIVING A
REQUEST TO COLLOCATE THE FIRST SMALL WIRELESS FACILITY ON SUCH POLES. THE
RATES, FEES AND TERMS SHALL COMPLY WITH THE FOLLOWING REQUIREMENTS:
1. THE RATES, FEES AND TERMS MUST BE NONDISCRIMINATORY,
COMPETITIVELY NEUTRAL AND COMMERCIALLY REASONABLE AND COMPLY WITH THIS
SECTION.
2. FOR AUTHORITY POLES THAT SUPPORT AERIAL CABLES USED FOR VIDEO,
COMMUNICATIONS OR ELECTRIC SERVICE AND FOR UTILITY POLES FOR DESIGNATED
SERVICES, THE PARTIES SHALL COMPLY WITH THE PROCESS FOR MAKE-READY WORK
UNDER 47 UNITED STATES CODE SECTION 224 AND THE IMPLEMENTING REGULATIONS.
THE GOOD FAITH ESTIMATE OF THE PERSON THAT OWNS OR CONTROLS THE POLE FOR
ANY MAKE-READY WORK NECESSARY TO ENABLE THE POLE TO SUPPORT THE REQUESTED
COLLOCATION SHALL INCLUDE POLE REPLACEMENT, IF NECESSARY.
3. FOR AUTHORITY POLES THAT DO NOT SUPPORT AERIAL CABLES USED FOR
VIDEO, COMMUNICATIONS OR ELECTRIC SERVICE, THE AUTHORITY SHALL PROVIDE A
GOOD FAITH ESTIMATE FOR ANY MAKE-READY WORK NECESSARY TO ENABLE THE POLE
TO SUPPORT THE REQUESTED COLLOCATION, INCLUDING POLE REPLACEMENT, IF
NECESSARY, WITHIN SIXTY DAYS AFTER RECEIVING A COMPLETE APPLICATION.
MAKE-READY WORK, INCLUDING ANY POLE REPLACEMENT, SHALL BE COMPLETED WITHIN
SIXTY DAYS AFTER THE WRITTEN ACCEPTANCE OF THE GOOD FAITH ESTIMATE BY THE
APPLICANT.
4. THE PERSON THAT OWNS OR CONTROLS THE AUTHORITY POLE OR UTILITY
POLE FOR DESIGNATED SERVICES MAY NOT REQUIRE MORE MAKE-READY WORK THAN IS
REQUIRED TO MEET THE REQUIREMENTS OF APPLICABLE CODES OR INDUSTRY
STANDARDS. FEES FOR MAKE-READY WORK MAY NOT INCLUDE COSTS RELATED TO
PREEXISTING OR PRIOR DAMAGE OR NONCOMPLIANCE. FEES FOR MAKE-READY WORK,
INCLUDING ANY POLE REPLACEMENT, MAY NOT EXCEED ACTUAL COSTS OR THE AMOUNT
CHARGED TO OTHER COMMUNICATIONS SERVICE PROVIDERS FOR SIMILAR WORK AND MAY
NOT INCLUDE ANY CONSULTANT FEES OR EXPENSES.
G. AN AUTHORITY SHALL AUTHORIZE THE COLLOCATION OF SMALL WIRELESS
FACILITIES ON WIRELESS SUPPORT STRUCTURES AND UTILITY POLES THAT ARE OWNED
OR CONTROLLED BY AN AUTHORITY AND THAT ARE NOT LOCATED WITHIN A
RIGHT-OF-WAY TO THE SAME EXTENT THE AUTHORITY PERMITS ACCESS TO SUCH
STRUCTURES FOR OTHER COMMERCIAL PROJECTS OR USES. COLLOCATIONS FOR OTHER
COMMERCIAL PROJECTS OR USES ARE SUBJECT TO REASONABLE AND
NONDISCRIMINATORY RATES, FEES AND TERMS AS PROVIDED IN AN AGREEMENT
BETWEEN THE AUTHORITY AND THE WIRELESS PROVIDER.
11-1806. Scope of local authority
A. SUBJECT TO THIS ARTICLE AND APPLICABLE FEDERAL LAW, AN AUTHORITY
MAY EXERCISE ZONING, LAND USE, PLANNING AND PERMITTING AUTHORITY WITHIN
THE AUTHORITY'S TERRITORIAL BOUNDARIES, INCLUDING FOR WIRELESS SUPPORT
STRUCTURES AND UTILITY POLES.
B. AN AUTHORITY DOES NOT HAVE ANY JURISDICTION OR AUTHORITY OVER
THE DESIGN, ENGINEERING, CONSTRUCTION, INSTALLATION OR OPERATION OF ANY
SMALL WIRELESS FACILITY LOCATED IN AN INTERIOR STRUCTURE OR ON THE SITE OF
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ANY CAMPUS, STADIUM OR ATHLETIC FACILITY NOT OWNED OR CONTROLLED BY THE
AUTHORITY, OTHER THAN TO COMPLY WITH APPLICABLE CODES.
C. THIS ARTICLE DOES NOT AUTHORIZE THIS STATE OR ANY POLITICAL
SUBDIVISION, INCLUDING AN AUTHORITY, TO REQUIRE WIRELESS FACILITY
DEPLOYMENT OR TO REGULATE WIRELESS SERVICES.
11-1807. Dispute resolution
A. A COURT OF COMPETENT JURISDICTION SHALL DETERMINE ALL DISPUTES
ARISING UNDER THIS ARTICLE. COMPLAINTS SHALL BE RESOLVED NOT LATER THAN
ONE HUNDRED DAYS AFTER A COMPLAINT OR PETITION IS FILED.
B. UNLESS AGREED OTHERWISE AND PENDING RESOLUTION OF A RIGHT-OF-WAY
ACCESS RATE DISPUTE, THE AUTHORITY CONTROLLING ACCESS TO AND USE OF THE
RIGHT-OF-WAY SHALL ALLOW THE PLACEMENT OF A WIRELESS FACILITY OR WIRELESS
SUPPORT STRUCTURE AT A TEMPORARY RATE OF ONE-HALF OF THE
AUTHORITY -PROPOSED ANNUAL RATE OR TWENTY DOLLARS, WHICHEVER IS LESS, WITH
RATES TO BE TRUED UP ON FINAL RESOLUTION OF THE DISPUTE.
C. PENDING RESOLUTION OF A DISPUTE CONCERNING RATES FOR COLLOCATION
OF SMALL WIRELESS FACILITIES ON POLES OWNED BY THE AUTHORITY OR UTILITY
POLES FOR DESIGNATED SERVICES, THE PERSON OWNING OR CONTROLLING THE POLE
SHALL ALLOW THE COLLOCATION OF SMALL WIRELESS FACILITIES ON THE PERSON'S
POLES AT AN ANNUAL RATE OF NOT MORE THAN TWENTY DOLLARS PER YEAR PER
UTILITY POLE, WITH RATES TO BE TRUED UP ON FINAL RESOLUTION OF THE
DISPUTE.
11-1808. Indemnification
AN AUTHORITY MAY NOT REQUIRE A WIRELESS PROVIDER TO DO EITHER OF THE
FOLLOWING:
1. INDEMNIFY AND HOLD THE AUTHORITY AND THE AUTHORITY'S OFFICERS
AND EMPLOYEES HARMLESS AGAINST ANY CLAIMS, LAWSUITS, JUDGMENTS, COSTS,
LIENS, LOSSES, EXPENSES OR FEES EXCEPT WHEN A COURT OF COMPETENT
JURISDICTION HAS FOUND THAT THE NEGLIGENCE OF THE WIRELESS PROVIDER WHILE
INSTALLING, REPAIRING OR MAINTAINING CAUSED THE HARM THAT CREATED SUCH
CLAIMS, LAWSUITS, JUDGMENTS, COSTS, LIENS, LOSSES, EXPENSES OR FEES.
2. OBTAIN INSURANCE NAMING THE AUTHORITY OR THE AUTHORITY'S
OFFICERS AND EMPLOYEES AS AN ADDITIONAL INSURED AGAINST ANY CLAIMS,
LAWSUITS, JUDGMENTS, COSTS, LIENS, LOSSES, EXPENSES OR FEES.
ARIZONA HOUSE OF REPRESENTATIVES
HB 2365: wireless facilities; collocation:
rights -of -wad
PRIME SPONSOR: Representative Weninger, LD 17
BILL STATUS: Commerce
St 'k - E th' A d t Ah t t
Legend:
Authority—City, Town, County, Special District,
Political Subdivision or noted Decision -Maker.
LLC — Limited Liability Company
Person — Individual, Corporation, LLC,
Partnership, Association, Trust or Authority
Install / Installation — Construct, Install, Mount,
Maintain, Modify, Operate, Replace
Amendments — BOLD and erg (Committee)
ri %;;;I vey ing men men s rac
Relating to the use of public right-of-way and wireless facilities.
Provisions
1. Adds Article 8 (Use of Public Highways by Wireless Providers) to the Title 9 (Cities and Towns)
statutes. (Sec. 1)
Wireless Providers and Use of Right -of Wad [A.R.S. § 9-592]
2. Applies to activities by a wireless provider within a right-of-way.
3. Prevents an Authority from entering into an exclusive contract with any Person for the use of a
right-of-way for wireless facilities or their related support structures or collocation of small
wireless facilities.
4. Permits an Authority to charge a rate or fee to a wireless provider for the use of the right-of-way
as outlined, but only if there is an equivalent charge to other communications service providers
or public, cooperative or municipal utilities. Prohibits certain acts and limits the rate or fee to:
a. The actual cost of managing the right of way.
b. A competitively neutral cost in comparison to all other users.
c. A maximum $20 per utility pole or wireless support structure in the Authority's jurisdiction
as outlined.
S. Directs an Authority to establish and make publicly available the rates, fees and terms for
installation of a wireless facility, utility pole or wireless support structure (including collocation),
the later of six months after the effective date of this legislation or three months after receiving a
request from a wireless provider.
6. States that existing agreements between an Authority and a wireless provider remain in effect as
outlined and details a process for terminating the agreements.
7. Permits a wireless provider to collocate wireless facilities and install utility poles and related
equipment along, under, across and on the right of way as outlined and subject to any required
application. Outlines requirements to avoid any public safety issue, hindrance of traffic flow, or
obstruction for use by other utilities.
8. Restricts the size of each new or modified utility pole and wireless support structure as outlined,
which are not subject to zoning review or approval.
❑ Prop 105 (45 votes) ❑ Prop 108 (40 votes) ❑ Emergency (40 votes) ❑ Fiscal Note
Fifty-third Legislature HB2365
First Regular Session Version 1: Commerce
9. Allows a wireless provider to exceed the stated size limitations, subject to applicable zoning
regulations.
10. Authorizes an Authority to require an application for the installation of new or modified utility
poles, wireless support structures and wireless facilities that are not small wireless facilities.
Details the approval and denial process. Deems an application approved if the Authority fails to
timely act according to all applicable laws.
11. Requires installation to be complete within one year after the permit approval date, unless both
parties agree to an extension. Renews the permit in 10 -year increments as outlined.
12. Prescribes the Authority's duty to be competitively neutral and nondiscriminatory while
managing the rights-of-way.
13. Authorizes an Authority to require a wireless provider to return an area to its original state by
repairing all damage directly caused by installation, repairs or maintenance of the right-of-way.
14. Permits the Authority to make repairs and charge reasonable, documented costs if the wireless
provider fails to make the necessary repairs after written notice and passage of a reasonable
amount of time.
Small Wireless Facilities and Use Within or Outside of Right -o -Way A.R.S. § 9-593]
15. Applies to activities of a wireless provider within or outside of a right-of-way.
16. Asserts that an Authority cannot prohibit, regulate or charge for the collocation of small wireless
facilities classified as a permitted use and not subject to zoning review or approval, except as
outlined.
17. Details the application process, the approval and denial process and allows an Authority to
require one or more permits to collocate small wireless facilities. Outlines requirements for
consolidated applications.
18. Permits a consolidated application and single permit for the collocation of up to 50 small wireless
facilities if the application involves a single Authority and substantially the same type of small
wireless facilities and structures.
19. Requires an application to attest that collocation will begin within one year after the permit
approval date.
20. Requires an Authority to process applications in a nondiscriminatory way and issue permits to
collocate small wireless facilities as follows:
a. Determine the application's administrative completeness and notify the applicant of any
deficient information.
b. Approve an application, except as outlined.
c. List reasons and code violations when denying an application.
d. Deem the application approved if not processed within 60 days after receipt.
e. Detail the process to cure deficiencies, including an application with multiple small wireless
facilities.
21. Details prohibited acts and monetary charges by the Authority.
22. States that a permit granted for collocation must be completed within one year after the approval
unless both parties agree to an extension. Renews the permit in 10 -year increments as outlined.
Fifty-third Legislature HB2365
First Regular Session Version 1: Commerce
23. Allows the Authority to charge an application fee if required for similar developments as follows:
a. The lesser amount charged for a building permit for land use development or $100 each for
up to five small wireless facilities noted in an application and $50 for each additional one.
b. The rate must be the actual, direct and reasonable cost related to the application process.
c. The Authority has the burden of proof for any controversy surrounding an application fee
being actual, direct and reasonable.
24. Stipulates the provisions do not allow any person to collocate small wireless facilities on privately
owned utility poles, wireless support structures or private property located outside of the right-
of-way without the owner's consent.
Structures Subject to Zonjna[A.R.S. § 9-594]
25. Applies to zoning reviews for non-exempt activities inside the right-of-way, including the
modification of existing or the installation of new wireless support structures, utility poles or
wireless facilities and the collocation of wireless facilities.
26. Requires an Authority to process applications in a nondiscriminatory way for the modification of
existing or the installation of new wireless support structures, utility poles or wireless facilities
and the collocation of wireless facilities as follows:
a. Determine the application's administrative completeness and notify the applicant of any
deficient or missing information.
b. Approve an application, except as outlined.
c. List reasons and substantial supporting evidence when denying an application.
d. Deem the application approved if not processed within 150 calendar days after receipt or
within 90 calendar days after receipt for a collocation of facilities.
e. Detail the process to cure deficiencies, including an application with multiple small wireless
facilities.
27. Details prohibited acts and monetary charges by the Authority.
28. Allows the Authority to charge an application fee if required for similar developments as follows:
a. The lesser amount charged for a building permit for land use development or $1,000 for the
modification of existing or the installation of new wireless support structures, utilities or
wireless facilities or a substantial modification of a wireless support structure.
b. The applicant's business decisions regarding the technology, type and location of wireless
facilities and related support structures are presumed to be reasonable.
c. The approval term of an application does not expire, except construction must begin within
two years after final approval until completion.
Access to Authority Utility Poles and Collocation for Other Commercial Projects/Uses A.R.S. § 9-595]
29. Prevents an Authority from entering into an exclusive arrangement with any Person for the right
to attach to Authority utility poles.
30. Requires an Authority to process applications in a nondiscriminatory way for the collocation on
Authority utility poles, regardless of the services provided by the collocating Person and charge
a rate not to exceed the Federal Communications Commission rules or $20 per year per Authority
utility pole, whichever is less.
31. Directs an Authority to establish and make publicly available the rates, fees and terms for the
collocation of small wireless facilities on Authority utility poles, the later of six months after the
effective date of this legislation or three months after receiving a request.
Fifty-third Legislature
First Regular Session
HB2365
Version 1: Commerce
32. Dictates the rates, fees and terms must be nondiscriminatory in nature, competitively neutral and
commercially reasonable. Outlines specific requirements for each category, including timeframes
for producing good faith estimates.
33. States that existing agreements between an Authority and a wireless provider remain in effect as
outlined and details a process for terminating the agreements.
Miscellaneous (A.R.S. § 9-596 et all
34. Outlines the scope of the local Authority for exercising zoning, land use, planning and permitting
within its boundaries and excludes certain small wireless facilities located on a campus, stadium
or athletic facility.
3 S. Stipulates the provisions do not authorize Arizona or its political subdivisions to require wireless
facility deployment or to regulate wireless services.
36. Details dispute resolution processes and outlines the court's responsibilities.
37. States that an Authority cannot require a wireless provider to either:
a. Indemnify and hold the Authority harmless against any claims or lawsuits or judgments
including costs, liens or expenses as outlined.
b. Obtain insurance naming the Authority, its officers or employees, as additional insureds
against claims, lawsuits, judgments, costs, liens, losses, expenses or fees.
38. Defines pertinent terms
Current Law
There is no current law.
Fifty-third Legislature
First Regular Session
HB2365
Version 1: Commerce
ARIZONA HOUSE OF REPRESENTATIVES
HB 2365: wireless facilities; collocation:
rights -of -wad
PRIME SPONSOR: Representative Weninger, LD 17
BILL STATUS: Caucus and COW
COM: DPA/SE 9-0-0-0
Ab t t
Legend:
Authority—City, Town, County, Special District,
Political Subdivision or noted Decision -Maker.
LLC — Limited Liability Company
Person — Individual, Corporation, LLC,
Partnership, Association, Trust or Authority
Install / Installation — Construct, Install, Mount,
Maintain, Modify, Operate, Replace
Amendments — BOLD and erg (Committee)
s rac
Relating to the use of public right-of-way and wireless facilities.
Provisions
1. Adds Article 8 (Use of Public Highways by Wireless Providers) to the Title 9 (Cities and Towns)
statutes. (Sec. 1)
Wireless Providers and Use of Right -of Wad [A.R.S. § 9-592]
2. Applies to activities by a wireless provider within a right-of-way.
3. Prevents an Authority from entering into an exclusive contract with any Person for the use of a
right-of-way for wireless facilities or their related support structures or collocation of small
wireless facilities.
4. Permits an Authority to charge a rate or fee to a wireless provider for the use of the right-of-way
as outlined, but only if there is an equivalent charge to other communications service providers
or public, cooperative or municipal utilities. Prohibits certain acts and limits the rate or fee to:
a. The actual cost of managing the right of way.
b. A competitively neutral cost in comparison to all other users.
c. A maximum $20 per utility pole or wireless support structure in the Authority's jurisdiction
as outlined.
S. Directs an Authority to establish and make publicly available the rates, fees and terms for
installation of a wireless facility, utility pole or wireless support structure (including collocation),
the later of six months after the effective date of this legislation or three months after receiving a
request from a wireless provider.
6. States that existing agreements between an Authority and a wireless provider remain in effect as
outlined and details a process for terminating the agreements.
7. Permits a wireless provider to collocate wireless facilities and install utility poles and related
equipment along, under, across and on the right of way as outlined and subject to any required
application. Outlines requirements to avoid any public safety issue, hindrance of traffic flow, or
obstruction for use by other utilities.
8. Restricts the size of each new or modified utility pole and wireless support structure as outlined,
which are not subject to zoning review or approval.
❑ Prop 105 (45 votes) ❑ Prop 108 (40 votes) ❑ Emergency (40 votes) ❑ Fiscal Note
Fifty-third Legislature HB2365
First Regular Session Version 2: HB2365-02-07-17—CaucusCOW
9. Allows a wireless provider to exceed the stated size limitations, subject to applicable zoning
regulations.
10. Authorizes an Authority to require an application for the installation of new or modified utility
poles, wireless support structures and wireless facilities that are not small wireless facilities.
Details the approval and denial process. Deems an application approved if the Authority fails to
timely act according to all applicable laws.
11. Requires installation to be complete within one year after the permit approval date, unless both
parties agree to an extension. Renews the permit in 10 -year increments as outlined.
12. Prescribes the Authority's duty to be competitively neutral and nondiscriminatory while
managing the rights-of-way.
13. Authorizes an Authority to require a wireless provider to return an area to its original state by
repairing all damage directly caused by installation, repairs or maintenance of the right-of-way.
14. Permits the Authority to make repairs and charge reasonable, documented costs if the wireless
provider fails to make the necessary repairs after written notice and passage of a reasonable
amount of time.
Small Wireless Facilities and Use Within or Outside of Right -of -Way A.R.S. § 9-593]
15. Applies to activities of a wireless provider within or outside of a right-of-way.
16. Asserts that an Authority cannot prohibit, regulate or charge for the collocation of small wireless
facilities classified as a permitted use and not subject to zoning review or approval, except as
outlined.
17. Details the application process, the approval and denial process and allows an Authority to
require one or more permits to collocate small wireless facilities. Outlines requirements for
consolidated applications.
18. Permits a consolidated application and single permit for the collocation of up to 50 small wireless
facilities if the application involves a single Authority and substantially the same type of small
wireless facilities and structures.
19. Requires an application to attest that collocation will begin within one year after the permit
approval date.
20. Requires an Authority to process applications in a nondiscriminatory way and issue permits to
collocate small wireless facilities as follows:
a. Determine the application's administrative completeness and notify the applicant of any
deficient information.
b. Approve an application, except as outlined.
c. List reasons and code violations when denying an application.
d. Deem the application approved if not processed within 60 days after receipt.
e. Detail the process to cure deficiencies, including an application with multiple small wireless
facilities.
21. Details prohibited acts and monetary charges by the Authority.
22. States that a permit granted for collocation must be completed within one year after the approval
unless both parties agree to an extension. Renews the permit in 10 -year increments as outlined.
Fifty-third Legislature HB2365
First Regular Session Version 2: HB2365_02-07-17_CaucusCOW
23. Allows the Authority to charge an application fee if required for similar developments as follows:
a. The lesser amount charged for a building permit for land use development or $100 each for
up to five small wireless facilities noted in an application and $50 for each additional one.
b. The rate must be the actual, direct and reasonable cost related to the application process.
c. The Authority has the burden of proof for any controversy surrounding an application fee
being actual, direct and reasonable.
24. Stipulates the provisions do not allow any person to collocate small wireless facilities on privately
owned utility poles, wireless support structures or private property located outside of the right-
of-way without the owner's consent.
Structures Subject to Zoning[A.R.S. § 9-594]
25. Applies to zoning reviews for non-exempt activities inside the right-of-way, including the
modification of existing or the installation of new wireless support structures, utility poles or
wireless facilities and the collocation of wireless facilities.
26. Requires an Authority to process applications in a nondiscriminatory way for the modification of
existing or the installation of new wireless support structures, utility poles or wireless facilities
and the collocation of wireless facilities as follows:
a. Determine the application's administrative completeness and notify the applicant of any
deficient or missing information.
b. Approve an application, except as outlined.
c. List reasons and substantial supporting evidence when denying an application.
d. Deem the application approved if not processed within 150 calendar days after receipt or
within 90 calendar days after receipt for a collocation of facilities.
e. Detail the process to cure deficiencies, including an application with multiple small wireless
facilities.
27. Details prohibited acts and monetary charges by the Authority.
28. Allows the Authority to charge an application fee if required for similar developments as follows:
a. The lesser amount charged for a building permit for land use development or $1,000 for the
modification of existing or the installation of new wireless support structures, utilities or
wireless facilities or a substantial modification of a wireless support structure.
b. The applicant's business decisions regarding the technology, type and location of wireless
facilities and related support structures are presumed to be reasonable.
c. The approval term of an application does not expire, except construction must begin within
two years after final approval until completion.
Access to Authority Utility Poles and Collocation for Other Commercial Projects/Uses A.R.S. § 9-595]
29. Prevents an Authority from entering into an exclusive arrangement with any Person for the right
to attach to Authority utility poles.
30. Requires an Authority to process applications in a nondiscriminatory way for the collocation on
Authority utility poles, regardless of the services provided by the collocating Person and charge
a rate not to exceed the Federal Communications Commission rules or $20 per year per Authority
utility pole, whichever is less.
31. Directs an Authority to establish and make publicly available the rates, fees and terms for the
collocation of small wireless facilities on Authority utility poles, the later of six months after the
effective date of this legislation or three months after receiving a request.
Fifty-third Legislature
First Regular Session
HB2365
Version 2: HB2365_02-07-17_CaucusCOW
32. Dictates the rates, fees and terms must be nondiscriminatory in nature, competitively neutral and
commercially reasonable. Outlines specific requirements for each category, including timeframes
for producing good faith estimates.
33. States that existing agreements between an Authority and a wireless provider remain in effect as
outlined and details a process for terminating the agreements.
Miscellaneous (A.R.S. § 9-596 et all
34. Outlines the scope of the local Authority for exercising zoning, land use, planning and permitting
within its boundaries and excludes certain small wireless facilities located on a campus, stadium
or athletic facility.
3 S. Stipulates the provisions do not authorize Arizona or its political subdivisions to require wireless
facility deployment or to regulate wireless services.
36. Details dispute resolution processes and outlines the court's responsibilities.
37. States that an Authority cannot require a wireless provider to either:
a. Indemnify and hold the Authority harmless against any claims or lawsuits or judgments
including costs, liens or expenses as outlined.
b. Obtain insurance naming the Authority, its officers or employees, as additional insureds
against claims, lawsuits, judgments, costs, liens, losses, expenses or fees.
38. Defines pertinent terms
Current Law
There is no current law.
Fifty-third Legislature
First Regular Session
HB2365
Version 2: HB2365_02-07-17_CaucusCOW
Fifty-third Legislature
First Regular Session
COMMITTEE ON COMMERCE
HOUSE OF REPRESENTATIVES AMENDMENTS TO H.B. 2365
(Reference to printed bill)
1 Strike everything after the enacting clause and insert:
2 "Section 1. Title 9, chapter 5, Arizona Revised Statutes, is amended
3 by adding article 8, to read:
4 ARTICLE 8. USE OF PUBLIC HIGHWAYS BY WIRELESS PROVIDERS
5 9-591. Definitions
6 IN THIS ARTICLE, UNLESS THE CONTEXT OTHERWISE REQUIRES:
7 1. "ANTENNA" MEANS COMMUNICATIONS EQUIPMENT THAT TRANSMITS OR
8 RECEIVES ELECTROMAGNETIC RADIO FREQUENCY SIGNALS AND THAT IS USED IN
9 PROVIDING WIRELESS SERVICES.
10 2. "APPLICABLE CODES" MEANS UNIFORM BUILDING, FIRE, ELECTRICAL,
11 PLUMBING OR MECHANICAL CODES THAT ARE ADOPTED BY A RECOGNIZED NATIONAL CODE
12 ORGANIZATION OR LOCAL AMENDMENTS TO THOSE CODES THAT ARE ENACTED SOLELY TO
13 ADDRESS IMMINENT THREATS OF DESTRUCTION OF PROPERTY OR INJURY TO PERSONS
14 AND TO AN EXTENT THAT IS NOT INCONSISTENT WITH THIS ARTICLE.
15 3. "APPLICANT" MEANS ANY PERSON THAT SUBMITS AN APPLICATION AND IS A
16 WIRELESS PROVIDER.
17 4. "APPLICATION" MEANS A REQUEST THAT IS SUBMITTED BY AN APPLICANT
18 TO AN AUTHORITY FOR A PERMIT TO A COLLOCATE SMALL WIRELESS FACILITIES OR TO
19 APPROVE THE INSTALLATION OR MODIFICATION OF A UTILITY POLE OR WIRELESS
20 SUPPORT STRUCTURE.
21 5. "AUTHORITY" MEANS ANY CITY, TOWN, COUNTY, SPECIAL DISTRICT OR
22 POLITICAL SUBDIVISION OF THIS STATE OR ANY CITY, TOWN OR COUNTY THAT IS
23 AUTHORIZED TO MAKE LEGISLATIVE, QUASI-JUDICIAL OR ADMINISTRATIVE DECISIONS
24 CONCERNING AN APPLICATION. AUTHORITY DOES NOT INCLUDE ANY STATE COURT THAT
25 HAS JURISDICTION OVER AN AUTHORITY.
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6. "AUTHORITY UTILITY POLE" MEANS A UTILITY POLE THAT IS OWNED OR
OPERATED BY AN AUTHORITY AND THAT IS IN A RIGHT-OF-WAY.
7. "COLLOCATE" OR "COLLOCATION" MEANS TO INSTALL, MOUNT, MAINTAIN,
MODIFY, OPERATE OR REPLACE WIRELESS FACILITIES ON OR ADJACENT TO A WIRELESS
SUPPORT STRUCTURE OR UTILITY POLE.
8. "COMMUNICATIONS SERVICE" MEANS CABLE SERVICE AS DEFINED IN 47
UNITED STATES CODE SECTION 522(6), INFORMATION SERVICE AS DEFINED IN 47
UNITED STATES CODE SECTION 153(24), TELECOMMUNICATIONS SERVICE AS DEFINED
IN 47 UNITED STATES CODE SECTION 153(53) OR WIRELESS SERVICES.
9. "COMMUNICATIONS SERVICE PROVIDER" MEANS A CABLE OPERATOR AS
DEFINED IN 47 UNITED STATES CODE SECTION 522(5), A PROVIDER OF INFORMATION
SERVICE AS DEFINED IN 47 UNITED STATES CODE SECTION 153(24), A
TELECOMMUNICATIONS CARRIER AS DEFINED IN 47 UNITED STATES CODE
SECTION 153(51) OR A WIRELESS PROVIDER.
10. "FEE" MEANS A ONE-TIME CHARGE.
11. "LAW" MEANS ANY FEDERAL, STATE OR LOCAL LAW, STATUTE, COMMON
LAW, CODE, RULE, REGULATION, ORDER OR ORDINANCE.
12. "PERMIT" MEANS A WRITTEN AUTHORIZATION REQUIRED BY AN AUTHORITY
TO INSTALL, MOUNT, MAINTAIN, MODIFY, OPERATE OR REPLACE A UTILITY POLE, A
WIRELESS SUPPORT STRUCTURE OR A WIRELESS FACILITY.
13. "PERSON" MEANS AN INDIVIDUAL, CORPORATION, LIMITED LIABILITY
COMPANY, PARTNERSHIP, ASSOCIATION, TRUST OR OTHER ENTITY OR ORGANIZATION,
INCLUDING AN AUTHORITY.
14. "RATE" MEANS A RECURRING CHARGE.
15. "RIGHT-OF-WAY" MEANS THE AREA ON, BELOW OR ABOVE A PUBLIC
ROADWAY, HIGHWAY, STREET, SIDEWALK, ALLEY, UTILITY EASEMENT OR SIMILAR
PROPERTY. RIGHT-OF-WAY DOES NOT INCLUDE A FEDERAL INTERSTATE HIGHWAY, AN
EASEMENT THAT IS GRANTED TO A PRIVATE PROPERTY OWNER OR A UTILITY EASEMENT
THAT DOES NOT AUTHORIZE THE DEPLOYMENT SOUGHT BY THE WIRELESS PROVIDER.
16. "SMALL WIRELESS FACILITY" MEANS A WIRELESS FACILITY THAT MEETS
BOTH OF THE FOLLOWING QUALIFICATIONS:
-2-
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House Amendments to H.B. 2365
(a) EACH ANTENNA IS LOCATED INSIDE AN ENCLOSURE OF NOT MORE THAN SIX
CUBIC FEET IN VOLUME OR, IN THE CASE OF AN ANTENNA THAT HAS EXPOSED
ELEMENTS, THE ANTENNA AND ALL OF THE ANTENNA'S EXPOSED ELEMENTS COULD FIT
WITHIN AN IMAGINARY ENCLOSURE OF NOT MORE THAN SIX CUBIC FEET IN VOLUME.
(b) ALL OTHER WIRELESS EQUIPMENT ASSOCIATED WITH THE FACILITY IS
CUMULATIVELY NOT MORE THAN TWENTY-EIGHT CUBIC FEET IN VOLUME. THE FOLLOWING
TYPES OF ASSOCIATED ANCILLARY EQUIPMENT ARE NOT INCLUDED IN THE CALCULATION
OF EQUIPMENT VOLUME PURSUANT TO THIS SUBDIVISION:
(i) AN ELECTRIC METER.
(ii) CONCEALMENT ELEMENTS.
(iii) A TELECOMMUNICATIONS DEMARCATION BOX.
(iv) GROUND-BASED ENCLOSURES.
(v) GROUNDING EQUIPMENT.
(vi) A POWER TRANSFER SWITCH.
(vii) A CUT-OFF SWITCH.
(viii) VERTICAL CABLE RUNS FOR THE CONNECTION OF POWER AND OTHER
SERVICES.
17. "UTILITY POLE" MEANS A POLE OR SIMILAR STRUCTURE THAT IS USED IN
WHOLE OR IN PART FOR COMMUNICATIONS SERVICES, ELECTRIC DISTRIBUTION,
LIGHTING, TRAFFIC CONTROL OR SIGNAGE OR A SIMILAR FUNCTION.
18. "WIRELESS FACILITY":
(a) MEANS EQUIPMENT AT A FIXED LOCATION THAT ENABLES WIRELESS
COMMUNICATIONS BETWEEN USER EQUIPMENT AND A COMMUNICATIONS NETWORK,
INCLUDING BOTH OF THE FOLLOWING:
(i) EQUIPMENT ASSOCIATED WITH WIRELESS COMMUNICATIONS.
(ii) RADIO TRANSCEIVERS, ANTENNAS, COAXIAL OR FIBER-OPTIC CABLES,
REGULAR AND BACKUP POWER SUPPLIES AND COMPARABLE EQUIPMENT, REGARDLESS OF
TECHNOLOGICAL CONFIGURATION.
(b) INCLUDES SMALL WIRELESS FACILITIES.
(c) DOES NOT INCLUDE THE STRUCTURE OR IMPROVEMENTS ON, UNDER OR
WITHIN WHICH THE EQUIPMENT IS COLLOCATED.
tell
House Amendments to H.B. 2365
1 19. "WIRELESS INFRASTRUCTURE PROVIDER" MEANS ANY PERSON, INCLUDING A
2 PERSON THAT IS AUTHORIZED TO PROVIDE TELECOMMUNICATIONS SERVICE IN THIS
3 STATE, THAT BUILDS OR INSTALLS WIRELESS COMMUNICATIONS TRANSMISSION
4 EQUIPMENT, WIRELESS FACILITIES OR WIRELESS SUPPORT STRUCTURES BUT THAT IS
5 NOT A WIRELESS SERVICES PROVIDER.
6 20. "WIRELESS PROVIDER" MEANS A WIRELESS INFRASTRUCTURE PROVIDER OR
7 A WIRELESS SERVICES PROVIDER.
8 21. "WIRELESS SERVICES" MEANS ANY SERVICES, WHETHER AT A FIXED
9 LOCATION OR MOBILE, THAT ARE PROVIDED TO THE PUBLIC USING WIRELESS
10 FACILITIES.
11 22. "WIRELESS SERVICES PROVIDER" MEANS A PERSON THAT PROVIDES
12 WIRELESS SERVICES.
13 23. "WIRELESS SUPPORT STRUCTURE":
14 (a) MEANS:
15 (i) A FREESTANDING STRUCTURE, SUCH AS A MONOPOLE.
16 (ii) A TOWER, EITHER GUYED OR SELF-SUPPORTING.
17 (iii) A BILLBOARD.
18 (iv) ANY OTHER EXISTING OR PROPOSED STRUCTURE DESIGNED TO SUPPORT OR
19 CAPABLE OF SUPPORTING WIRELESS FACILITIES.
20 (b) DOES NOT INCLUDE A UTILITY POLE.
21 9-592. Applicability; wireless provider; use of right-of-way;
22 rates and fees; right to access; damage and repair of
23 the right-of-way
24 A. THIS SECTION APPLIES TO THE ACTIVITIES OF A WIRELESS PROVIDER
25 WITHIN A RIGHT-OF-WAY.
26 B. AN AUTHORITY MAY NOT ENTER INTO AN EXCLUSIVE ARRANGEMENT WITH ANY
27 PERSON FOR USE OF A RIGHT-OF-WAY FOR THE CONSTRUCTION, OPERATION, MARKETING
28 OR MAINTENANCE OF WIRELESS FACILITIES OR WIRELESS SUPPORT STRUCTURES OR THE
29 COLLOCATION OF SMALL WIRELESS FACILITIES.
30 C. AN AUTHORITY MAY CHARGE A WIRELESS PROVIDER A RATE OR FEE FOR THE
31 USE OF A RIGHT-OF-WAY FOR THE CONSTRUCTION, INSTALLATION, MOUNTING,
32 MAINTENANCE, MODIFICATION, OPERATION OR REPLACEMENT OF A WIRELESS FACILITY
-4-
House Amendments to H.B. 2365
1 OR WIRELESS SUPPORT STRUCTURE IN THE RIGHT-OF-WAY, INCLUDING COLLOCATION IN
2 THE RIGHT-OF-WAY, ONLY IF THE AUTHORITY CHARGES OTHER COMMUNICATIONS
3 SERVICE PROVIDERS OR PUBLICLY, COOPERATIVELY OR MUNICIPALLY OWNED UTILITIES
4 FOR THE USE OF THE RIGHT-OF-WAY. IF AN AUTHORITY CHARGES A RATE OR FEE
5 PURSUANT TO THIS SECTION, THE RATE OR FEE FOR A WIRELESS PROVIDER MUST BE:
6 1. LIMITED TO NOT MORE THAN THE DIRECT AND ACTUAL COST OF MANAGING
7 THE RIGHT-OF-WAY.
8 2. COMPETITIVELY NEUTRAL IN REGARD TO OTHER USERS OF THE
9 RIGHT-OF-WAY, INCLUDING INVESTOR, AUTHORITY OR COOPERATIVELY OWNED
10 ENTITIES.
11 D. A RATE OR FEE CHARGED PURSUANT TO THIS SECTION MAY NOT DO ANY OF
12 THE FOLLOWING:
13 1. RESULT IN A DOUBLE RECOVERY WHERE EXISTING RATES, FEES OR TAXES
14 ALREADY RECOVER THE DIRECT AND ACTUAL COSTS OF MANAGING A RIGHT-OF-WAY.
15 2. BE IN THE FORM OF A FRANCHISE OR OTHER FEE BASED ON REVENUE OR
16 CUSTOMER COUNTS.
17 3. BE UNREASONABLE OR DISCRIMINATORY.
18 4. VIOLATE ANY APPLICABLE LAW.
19 5. EXCEED AN ANNUAL AMOUNT EQUAL TO TWENTY DOLLARS TIMES THE NUMBER
20 OF UTILITY POLES OR WIRELESS SUPPORT STRUCTURES IN THE AUTHORITY'S
21 GEOGRAPHIC JURISDICTION ON WHICH THE WIRELESS PROVIDER HAS COLLOCATED A
22 SMALL WIRELESS FACILITY ANTENNA.
23 E. AN AUTHORITY SHALL ESTABLISH AND MAKE AVAILABLE RATES, FEES AND
24 TERMS FOR THE CONSTRUCTION, INSTALLATION, MOUNTING, MAINTENANCE,
25 MODIFICATION, OPERATION OR REPLACEMENT OF A WIRELESS FACILITY, UTILITY POLE
26 OR WIRELESS SUPPORT STRUCTURE BY A WIRELESS PROVIDER IN A RIGHT-OF-WAY
27 CONTROLLED BY THE AUTHORITY, INCLUDING COLLOCATION IN THE RIGHT-OF-WAY,
28 WITHIN SIX MONTHS AFTER THE EFFECTIVE DATE OF THIS SECTION OR THREE MONTHS
29 AFTER RECEIVING A REQUEST BY A WIRELESS PROVIDER, WHICHEVER IS LATER. THE
30 RATES, FEES AND TERMS MUST COMPLY WITH THIS SECTION AND BE MADE AVAILABLE
31 SO THAT A WIRELESS PROVIDER MAY ACCEPT THEM WITHOUT NEGOTIATION. DOCUMENTS
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House Amendments to H.B. 2365
THAT REFLECT RATES, FEES AND TERMS WITH EACH WIRELESS PROVIDER SHALL BE
MADE PUBLICLY AVAILABLE.
F. AGREEMENTS BETWEEN AUTHORITIES AND WIRELESS PROVIDERS REMAIN IN
EFFECT, IF BOTH OF THE FOLLOWING APPLY:
1. THE WIRELESS PROVIDER MAY ACCEPT THE RATES, FEES AND TERMS
PROVIDED UNDER SUBSECTION E OF THIS SECTION FOR NEW DEPLOYMENTS OF WIRELESS
FACILITIES, UTILITY POLES AND WIRELESS SUPPORT STRUCTURES.
2. THE AGREEMENTS MAY BE TERMINATED IN ACCORDANCE WITH THE
AGREEMENT'S TERMS, AND, IF SO TERMINATED, THE WIRELESS PROVIDER MAY CHOOSE
TO ACCEPT THE RATES, FEES AND TERMS PROVIDED UNDER SUBSECTION E OF THIS
SECTION FOR WIRELESS FACILITIES, UTILITY POLES AND WIRELESS SUPPORT
STRUCTURES DEPLOYED BEFORE THE TERMINATION OF THE AGREEMENT.
G. SUBJECT TO THIS SECTION AND THE APPROVAL OF AN APPLICATION, IF
REQUIRED, A WIRELESS PROVIDER MAY COLLOCATE WIRELESS FACILITIES AND
CONSTRUCT, INSTALL, MODIFY, MOUNT, MAINTAIN, OPERATE AND REPLACE UTILITY
POLES, WIRELESS SUPPORT STRUCTURES, CONDUIT, CABLE AND RELATED
APPURTENANCES AND FACILITIES ALONG, ACROSS, ON AND UNDER THE RIGHT-OF-WAY.
SUCH STRUCTURES AND FACILITIES SHALL BE CONSTRUCTED AND MAINTAINED AS TO
NOT OBSTRUCT OR HINDER THE USUAL TRAVEL OR PUBLIC SAFETY ON THE
RIGHT-OF-WAY OR OBSTRUCT THE LEGAL USE OF THE RIGHT-OF-WAY BY OTHER
UTILITIES. A NEW OR MODIFIED UTILITY POLE OR WIRELESS SUPPORT STRUCTURE
INSTALLED IN THE RIGHT-OF-WAY IS NOT SUBJECT TO ZONING REVIEW AND APPROVAL
IF IT DOES NOT EXCEED THE GREATER OF TEN FEET IN HEIGHT ABOVE THE TALLEST
EXISTING UTILITY POLE, OTHER THAN A UTILITY POLE SUPPORTING ONLY WIRELESS
FACILITIES, THAT IS IN PLACE AS OF THE EFFECTIVE DATE OF THIS SECTION, THAT
IS LOCATED WITHIN FIVE HUNDRED FEET OF THE NEW UTILITY POLE AND THAT IS IN
THE SAME RIGHT-OF-WAY, OR FORTY FEET ABOVE GROUND LEVEL. NEW WIRELESS
FACILITIES IN THE RIGHT-OF-WAY MAY NOT EXTEND MORE THAN TEN FEET ABOVE AN
EXISTING UTILITY POLE OR WIRELESS SUPPORT STRUCTURE IN PLACE AS OF THE
EFFECTIVE DATE OF THIS SECTION OR ABOVE THE HEIGHT PERMITTED FOR A NEW
UTILITY POLE OR WIRELESS SUPPORT STRUCTURE UNDER THIS SECTION. NEW OR
MODIFIED UTILITY POLES, WIRELESS SUPPORT STRUCTURES AND WIRELESS FACILITIES
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THAT EXCEED THE HEIGHT PERMITTED UNDER THIS SECTION ARE SUBJECT TO ZONING
REVIEW AND APPROVAL.
H. AN AUTHORITY MAY REQUIRE AN APPLICATION UNDER THIS SECTION FOR
THE INSTALLATION OF NEW OR MODIFIED UTILITY POLES, WIRELESS SUPPORT
STRUCTURES AND WIRELESS FACILITIES THAT ARE NOT SMALL WIRELESS FACILITIES.
AN AUTHORITY SHALL APPROVE AN APPLICATION UNLESS THE AUTHORITY FINDS THAT
THE STRUCTURE OR FACILITIES FAIL TO COMPLY WITH EITHER OF THE FOLLOWING:
1. APPLICABLE CODES.
2. LOCAL CODE PROVISIONS THAT CONCERN:
(a) PUBLIC SAFETY.
(b) OBJECTIVE DESIGN STANDARDS AND REASONABLE AND FEASIBLE
CONCEALMENT REQUIREMENTS.
(c) REQUIREMENTS THAT FACILITIES BE PLACED UNDERGROUND, IF SUCH
REQUIREMENTS INCLUDE A WAIVER PROCESS AND DO NOT PROHIBIT THE REPLACEMENT
OF EXISTING STRUCTURES AND FACILITIES.
I. AN AUTHORITY SHALL PROCESS APPLICATIONS IN COMPLIANCE WITH
APPLICABLE LAW. IF AN AUTHORITY FAILS TO APPROVE OR DENY AN APPLICATION
WITHIN THE TIME SPECIFIED BY APPLICABLE LAW, THE APPLICATION SHALL BE
DEEMED APPROVED. APPLICATION FEES SHALL BE SUBJECT TO THE SAME
REQUIREMENTS SPECIFIED IN SECTION 9-594, SUBSECTION D.
J. THE CONSTRUCTION, INSTALLATION, MOUNTING, MAINTENANCE,
MODIFICATION, OPERATION OR REPLACEMENT FOR WHICH A PERMIT IS GRANTED SHALL
BE COMPLETED WITHIN ONE YEAR AFTER THE APPROVAL DATE, UNLESS THE AUTHORITY
AND WIRELESS PROVIDER AGREE TO EXTEND THIS PERIOD. APPROVAL OF AN
APPLICATION BY AN AUTHORITY AUTHORIZES THE APPLICANT TO DO BOTH OF THE
FOLLOWING:
1. UNDERTAKE THE REQUESTED DEPLOYMENT.
2. SUBJECT TO APPLICABLE RELOCATION REQUIREMENTS AND THE WIRELESS
PROVIDER'S RIGHT TO TERMINATE AT ANY TIME, OPERATE AND MAINTAIN THE NEW OR
MODIFIED UTILITY POLE, WIRELESS SUPPORT STRUCTURE OR WIRELESS FACILITY FOR
A PERIOD OF NOT LESS THAN TEN YEARS, WHICH MUST BE RENEWED FOR EQUIVALENT
DURATIONS UNLESS THE AUTHORITY MAKES A FINDING THAT THE NEW OR MODIFIED
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House Amendments to H.B. 2365
1 UTILITY POLE, WIRELESS SUPPORT STRUCTURE OR WIRELESS FACILITY DOES NOT
2 COMPLY WITH APPLICABLE CODES OR THE LOCAL CODE PROVISIONS DESCRIBED IN
3 SUBSECTION H, PARAGRAPH 2 OF THIS SECTION.
4 K. AN AUTHORITY MUST BE COMPETITIVELY NEUTRAL IN REGARD TO OTHER
5 USERS OF A RIGHT-OF-WAY IN THE ADMINISTRATION AND REGULATION RELATED TO THE
6 MANAGEMENT OF THE RIGHT-OF-WAY, INCLUDING THAT TERMS MAY NOT BE
7 UNREASONABLE OR DISCRIMINATORY AND MAY NOT VIOLATE ANY APPLICABLE LAW.
8 L. AN AUTHORITY MAY REQUIRE A WIRELESS PROVIDER TO REPAIR ALL DAMAGE
9 TO A RIGHT -OF WAY THAT IS DIRECTLY CAUSED BY THE ACTIVITIES OF THE WIRELESS
10 PROVIDER WHILE OCCUPYING, INSTALLING, REPAIRING OR MAINTAINING WIRELESS
11 FACILITIES, WIRELESS SUPPORT STRUCTURES OR UTILITY POLES IN THE
12 RIGHT-OF-WAY AND TO RETURN THE RIGHT-OF-WAY TO SUBSTANTIALLY THE SAME
13 CONDITION AS BEFORE THE DAMAGE PURSUANT TO THE COMPETITIVELY NEUTRAL,
14 REASONABLE REQUIREMENTS AND SPECIFICATIONS OF THE AUTHORITY. IF THE
15 WIRELESS PROVIDER FAILS TO MAKE THE REPAIRS REQUIRED BY THE AUTHORITY
16 WITHIN A REASONABLE TIME AFTER WRITTEN NOTICE, THE AUTHORITY MAY MAKE THE
17 REPAIRS AND CHARGE THE APPLICABLE PARTY THE REASONABLE, DOCUMENTED COST OF
18 THE REPAIRS.
19 9-593. Applicability; collocation of small wireless
20 facilities; permits; application; fee; application
21 fee limitations
22 A. THIS SECTION APPLIES TO THE ACTIVITIES OF A WIRELESS PROVIDER
23 WITHIN OR OUTSIDE OF A RIGHT-OF-WAY.
24 B. EXCEPT AS PROVIDED IN THIS SECTION AND SECTIONS 9-592, 9-594 AND
25 9-595, AS APPLICABLE, AN AUTHORITY MAY NOT PROHIBIT, REGULATE OR CHARGE FOR
26 THE COLLOCATION OF SMALL WIRELESS FACILITIES.
27 C. A SMALL WIRELESS FACILITY IS CLASSIFIED AS A PERMITTED USE AND IS
28 NOT SUBJECT TO ZONING REVIEW OR APPROVAL IF THE SMALL WIRELESS FACILITY IS
29 COLLOCATED IN A RIGHT-OF-WAY IN ANY ZONE OR OUTSIDE OF A RIGHT-OF-WAY IN
30 PROPERTY THAT IS NOT ZONED FOR SINGLE-FAMILY RESIDENTIAL USE.
31 D. AN AUTHORITY MAY REQUIRE AN APPLICANT TO OBTAIN ONE OR MORE
32 PERMITS TO COLLOCATE A SMALL WIRELESS FACILITY IF THE PERMIT REQUIREMENT IS
House Amendments to H.B. 2365
1 OF GENERAL APPLICABILITY AND DOES NOT APPLY EXCLUSIVELY TO WIRELESS
2 FACILITIES. AN APPLICANT SEEKING TO COLLOCATE MULTIPLE SMALL WIRELESS
3 FACILITIES WITHIN THE JURISDICTION OF A SINGLE AUTHORITY MAY FILE A
4 CONSOLIDATED APPLICATION AND RECEIVE A SINGLE PERMIT FOR THE COLLOCATION OF
5 UP TO FIFTY SMALL WIRELESS FACILITIES IF THE COLLOCATIONS EACH INVOLVE
6 SUBSTANTIALLY THE SAME TYPE OF SMALL WIRELESS FACILITIES AND SUBSTANTIALLY
7 THE SAME TYPE OF STRUCTURE.
8 E. AN APPLICATION MUST INCLUDE AN ATTESTATION THAT THE SMALL
9 WIRELESS FACILITIES WILL BE COLLOCATED ON THE UTILITY POLE OR WIRELESS
10 SUPPORT STRUCTURE AND THAT THE SMALL WIRELESS FACILITIES WILL BE
11 OPERATIONAL FOR USE BY A WIRELESS SERVICES PROVIDER TO PROVIDE SERVICE
12 WITHIN ONE YEAR AFTER THE DATE ON WHICH THE APPLICATION IS GRANTED.
13 F. AN AUTHORITY SHALL:
14 1. ACCEPT APPLICATIONS FOR, PROCESS AND ISSUE PERMITS TO COLLOCATE
15 SMALL WIRELESS FACILITIES.
16 2. WITHIN TEN DAYS AFTER RECEIVING AN APPLICATION, DETERMINE AND
17 NOTIFY THE APPLICANT WHETHER THE APPLICATION IS COMPLETE. IF AN
18 APPLICATION IS INCOMPLETE, THE AUTHORITY MUST SPECIFICALLY IDENTIFY THE
19 INFORMATION MISSING FROM THE APPLICATION.
20 3. PROCESS EACH APPLICATION ON A NONDISCRIMINATORY BASIS. AN
21 APPLICATION IS DEEMED APPROVED IF THE AUTHORITY FAILS TO APPROVE OR DENY
22 THE APPLICATION WITHIN SIXTY DAYS AFTER RECEIVING THE APPLICATION.
23 4. APPROVE AN APPLICATION UNLESS THE APPLICATION DOES NOT MEET THE
24 APPLICABLE CODES OR LOCAL CODE PROVISIONS THAT CONCERN PUBLIC SAFETY OR
25 REASONABLE AND FEASIBLE CONCEALMENT REQUIREMENTS. IF AN AUTHORITY
26 DETERMINES THAT APPLICABLE CODES OR SUCH LOCAL CODE PROVISIONS REQUIRE THAT
27 THE UTILITY POLE OR WIRELESS SUPPORT STRUCTURE BE REPLACED BEFORE THE
28 REQUESTED COLLOCATION, APPROVAL MAY BE CONDITIONED ON SUCH REPLACEMENT.
29 5. IF AN APPLICATION IS DENIED, DOCUMENT THE BASIS FOR A DENIAL,
30 INCLUDING THE SPECIFIC CODE PROVISIONS ON WHICH THE DENIAL WAS BASED, AND
31 SEND THE DOCUMENTATION TO THE APPLICANT ON OR BEFORE THE DATE THAT THE
32 APPLICATION IS DENIED. IF AN APPLICATION INCLUDES MULTIPLE SMALL WIRELESS
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FACILITIES, THE AUTHORITY MAY APPROVE ONE OR MORE OF THE SMALL WIRELESS
FACILITIES AND DENY ONE OR MORE OF THE SMALL WIRELESS FACILITIES. THE
APPLICANT MAY CURE THE DEFICIENCIES IDENTIFIED BY THE AUTHORITY AND
RESUBMIT THE APPLICATION WITHIN THIRTY DAYS AFTER THE DENIAL WITHOUT PAYING
AN ADDITIONAL APPLICATION FEE. THE AUTHORITY SHALL APPROVE OR DENY THE
REVISED APPLICATION WITHIN THIRTY DAYS AFTER RECEIVING THE REVISED
APPLICATION. ANY SUBSEQUENT REVIEW IS LIMITED TO THE DEFICIENCIES CITED IN
THE DENIAL.
G. AN AUTHORITY MAY NOT:
1. DIRECTLY OR INDIRECTLY REQUIRE AN APPLICANT TO PERFORM SERVICES
THAT ARE UNRELATED TO THE COLLOCATION FOR WHICH APPROVAL IS SOUGHT, SUCH AS
IN-KIND CONTRIBUTIONS TO THE AUTHORITY, INCLUDING RESERVING FIBER, CONDUIT
OR POLE SPACE FOR THE AUTHORITY.
2. REQUIRE AN APPLICANT TO PROVIDE MORE INFORMATION TO OBTAIN A
PERMIT THAN THE AUTHORITY REQUIRES OF A COMMUNICATIONS SERVICE PROVIDER
THAT IS NOT A WIRELESS PROVIDER AND THAT REQUESTS TO ATTACH FACILITIES TO A
STRUCTURE. AN AUTHORITY MAY REQUIRE THE APPLICANT TO CERTIFY THAT THE
SMALL WIRELESS FACILITIES TO BE COLLOCATED COMPLY WITH THE FEDERAL
COMMUNICATIONS COMMISSION'S REGULATIONS CONCERNING FREQUENCY EMISSIONS
REFERENCED IN 47 UNITED STATES CODE SECTION 332(c)(7)(B)(iv).
3. INSTITUTE, EITHER EXPRESSLY OR DE FACTO, A MORATORIUM ON FILING,
RECEIVING OR PROCESSING APPLICATIONS OR ISSUING PERMITS OR OTHER APPROVALS,
IF ANY, FOR THE COLLOCATION OF A SMALL WIRELESS FACILITY.
4. REQUIRE AN APPLICATION FOR ROUTINE MAINTENANCE OR THE REPLACEMENT
OF WIRELESS FACILITIES WITH WIRELESS FACILITIES THAT ARE SUBSTANTIALLY
SIMILAR OR THE SAME SIZE OR SMALLER. AN AUTHORITY MAY REQUIRE A PERMIT TO
WORK WITHIN A RIGHT-OF-WAY FOR SUCH ACTIVITIES, IF APPLICABLE. A PERMIT
ISSUED PURSUANT TO THIS PARAGRAPH IS SUBJECT TO THE REQUIREMENTS OF THIS
SECTION.
H. COLLOCATION FOR WHICH A PERMIT IS GRANTED SHALL BE COMPLETED
WITHIN ONE YEAR AFTER THE APPROVAL DATE UNLESS THE AUTHORITY AND THE
will
House Amendments to H.B. 2365
1 WIRELESS PROVIDER AGREE TO EXTEND THIS PERIOD. APPROVAL OF AN APPLICATION
2 BY AN AUTHORITY SHALL ALLOW THE APPLICANT TO DO BOTH OF THE FOLLOWING:
3 1. COLLOCATE THE SMALL WIRELESS FACILITIES.
4 2. SUBJECT TO APPLICABLE RELOCATION REQUIREMENTS AND THE WIRELESS
5 PROVIDER'S RIGHT TO TERMINATE AT ANY TIME, OPERATE AND MAINTAIN THE SMALL
6 WIRELESS FACILITIES FOR A PERIOD OF NOT LESS THAN TEN YEARS, WHICH MUST BE
7 RENEWED FOR EQUIVALENT DURATIONS UNLESS THE AUTHORITY MAKES A FINDING THAT
8 THE SMALL WIRELESS FACILITIES DO NOT COMPLY WITH THE APPLICABLE CODES OR
9 LOCAL CODE PROVISIONS DESCRIBED IN SUBSECTION F, PARAGRAPH 4 OF THIS
10 SECTION.
11 I. AN AUTHORITY MAY CHARGE AN APPLICATION FEE ONLY IF AN APPLICATION
12 FEE IS REQUIRED FOR SIMILAR TYPES OF COMMERCIAL DEVELOPMENT WITHIN THE
13 AUTHORITY. AN APPLICATION FEE IS LIMITED TO THE ACTUAL, DIRECT AND
14 REASONABLE COSTS THAT ARE INCURRED BY THE AUTHORITY AND THAT RELATE TO THE
15 GRANTING OR PROCESSING OF AN APPLICATION. AN APPLICATION FEE SHALL BE
16 REASONABLY RELATED IN TIME TO THE INCURRING OF SUCH COSTS. IF SUCH COSTS
17 ARE ALREADY RECOVERED BY EXISTING FEES, RATES OR TAXES THAT ARE PAID BY A
18 WIRELESS PROVIDER, AN AUTHORITY MAY NOT CHARGE AN APPLICATION FEE TO
19 RECOVER SUCH COSTS. AN APPLICATION FEE MAY NOT INCLUDE:
20 1. THIRD -PARTY TRAVEL EXPENSES THAT ARE INCURRED TO REVIEW AN
21 APPLICATION.
22 2. THE DIRECT PAYMENT OR REIMBURSEMENT OF THIRD -PARTY RATES OR FEES
23 THAT ARE CHARGED ON A CONTINGENCY BASIS OR PURSUANT TO A RESULT -BASED
24 ARRANGEMENT.
25 J. THE TOTAL APPLICATION FEE, IF ALLOWED, MAY NOT EXCEED THE LESSER
26 OF THE AMOUNT CHARGED BY THE AUTHORITY FOR A BUILDING PERMIT FOR ANY
27 SIMILAR COMMERCIAL CONSTRUCTION, ACTIVITY OR LAND USE DEVELOPMENT OR ONE
28 HUNDRED DOLLARS EACH FOR UP TO FIVE SMALL WIRELESS FACILITIES ADDRESSED IN
29 AN APPLICATION AND FIFTY DOLLARS FOR EACH ADDITIONAL SMALL WIRELESS
30 FACILITY ADDRESSED IN THE APPLICATION.
31 K. IN ANY CONTROVERSY CONCERNING THE APPROPRIATENESS OF AN
32 APPLICATION FEE, THE AUTHORITY HAS THE BURDEN OF PROOF THAT THE APPLICATION
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FEE IS REASONABLY RELATED TO THE ACTUAL, DIRECT AND REASONABLE COSTS
INCURRED BY THE AUTHORITY.
L. THIS SECTION DOES NOT ALLOW A PERSON TO COLLOCATE SMALL WIRELESS
FACILITIES ON A PRIVATELY OWNED UTILITY POLE, A PRIVATELY OWNED WIRELESS
SUPPORT STRUCTURE OR PRIVATE PROPERTY LOCATED OUTSIDE OF THE RIGHT-OF-WAY
WITHOUT THE CONSENT OF THE PROPERTY OWNER.
9-594. Applicability; structures subject to zoning; time
frames; application; fees
A. THIS SECTION APPLIES TO ZONING REVIEWS FOR THE FOLLOWING
ACTIVITIES THAT TAKE PLACE INSIDE OF A RIGHT-OF-WAY IF THE ACTIVITIES ARE
NOT EXEMPT FROM ZONING REVIEW AND APPROVAL UNDER SECTION 9-592, SUBSECTION
G OR SECTION 9-593, SUBSECTION C:
1. THE MODIFICATION OF EXISTING OR THE INSTALLATION OF NEW WIRELESS
SUPPORT STRUCTURES, UTILITY POLES OR WIRELESS FACILITIES.
2. THE COLLOCATION OF WIRELESS FACILITIES.
B. AN AUTHORITY SHALL:
1. ACCEPT AND PROCESS APPLICATIONS FOR THE MODIFICATION OF EXISTING
OR THE INSTALLATION OF NEW WIRELESS SUPPORT STRUCTURES, UTILITY POLES OR
WIRELESS FACILITIES AND THE COLLOCATION OF WIRELESS FACILITIES.
2. WITHIN THIRTY DAYS AFTER RECEIVING AN APPLICATION, NOTIFY THE
APPLICANT WHETHER THE APPLICATION IS COMPLETE. IF AN APPLICATION IS
INCOMPLETE, THE AUTHORITY MUST SPECIFICALLY IDENTIFY THE INFORMATION
MISSING FROM THE APPLICATION.
3. PROCESS EACH APPLICATION ON A NONDISCRIMINATORY BASIS. AN
APPLICATION IS DEEMED APPROVED IF THE AUTHORITY FAILS TO APPROVE OR DENY
THE APPLICATION WITHIN ONE HUNDRED FIFTY CALENDAR DAYS AFTER RECEIPT OF AN
APPLICATION FOR THE MODIFICATION OF EXISTING OR THE INSTALLATION OF NEW
WIRELESS SUPPORT STRUCTURES, UTILITY POLES OR WIRELESS FACILITIES OR WITHIN
NINETY CALENDAR DAYS AFTER RECEIPT OF AN APPLICATION FOR THE COLLOCATION OF
WIRELESS FACILITIES. THE TIME PERIOD FOR APPROVAL MAY BE TOLLED TO
ACCOMMODATE TIMELY REQUESTS FOR INFORMATION REQUIRED TO COMPLETE THE
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APPLICATION OR MAY BE EXTENDED BY MUTUAL AGREEMENT BETWEEN THE APPLICANT
AND AUTHORITY.
4. IF AN APPLICATION IS DENIED, NOTIFY THE APPLICANT IN WRITING AND
PROVIDE SUBSTANTIAL SUPPORTING EVIDENCE IN THE WRITTEN RECORD. THE WRITTEN
NOTIFICATION OF THE DENIAL AND THE SUPPORTING EVIDENCE SHALL BE PUBLICLY
RELEASED CONTEMPORANEOUSLY. IF AN APPLICATION IS DENIED, THERE MUST BE A
REASONABLE BASIS FOR THE DENIAL. AN AUTHORITY MAY NOT DENY AN APPLICATION
IF THE DENIAL IS DISCRIMINATORY AGAINST THE APPLICANT WITH RESPECT TO THE
PLACEMENT OF THE FACILITIES OF OTHER WIRELESS PROVIDERS.
C. AN AUTHORITY MAY NOT:
1. REQUIRE AN APPLICANT TO SUBMIT INFORMATION ABOUT THE APPLICANT'S
BUSINESS DECISIONS REGARDING THE NEED FOR THE WIRELESS SUPPORT STRUCTURE,
UTILITY POLE OR WIRELESS FACILITIES.
2. REQUIRE AN APPLICANT TO SUBMIT INFORMATION ABOUT, OR EVALUATE AN
APPLICANT'S BUSINESS DECISIONS REGARDING THE APPLICANT'S SERVICE, CUSTOMER
DEMAND FOR SERVICE OR QUALITY OF SERVICE.
3. INSTITUTE, EITHER EXPRESSLY OR DE FACTO, A MORATORIUM ON FILING,
RECEIVING OR PROCESSING APPLICATIONS OR ISSUING APPROVALS FOR MODIFICATIONS
OR INSTALLATIONS THAT ARE NOT A PERMITTED USE.
D. AN AUTHORITY MAY:
1. ADOPT REASONABLE REQUIREMENTS REGARDING THE APPEARANCE OF
FACILITIES, INCLUDING THOSE RELATING TO MATERIALS USED OR ARRANGING,
SCREENING OR LANDSCAPING.
2. ADOPT SETBACK OR FALL ZONE REQUIREMENTS THAT ARE SUBSTANTIALLY
SIMILAR TO A SETBACK OR FALL ZONE REQUIREMENT THAT IS IMPOSED ON OTHER
TYPES OF COMMERCIAL STRUCTURES OF A SIMILAR HEIGHT.
3. CHARGE AN APPLICATION FEE. ANY APPLICATION FEE IS SUBJECT TO THE
REQUIREMENTS PROVIDED IN SECTION 9-593, SUBSECTIONS I AND J. THE TOTAL
APPLICATION FEE, IF ALLOWED, MAY NOT EXCEED THE LESSER OF THE AMOUNT
CHARGED BY THE AUTHORITY FOR A BUILDING PERMIT FOR ANY SIMILAR COMMERCIAL
CONSTRUCTION, ACTIVITY OR LAND USE DEVELOPMENT OR ONE THOUSAND DOLLARS FOR
THE MODIFICATION OF EXISTING OR THE INSTALLATION OF NEW WIRELESS SUPPORT
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STRUCTURES, UTILITY POLES OR WIRELESS FACILITIES OR A SUBSTANTIAL
MODIFICATION OF A WIRELESS SUPPORT STRUCTURE.
E. AN APPLICANT'S BUSINESS DECISIONS REGARDING THE TYPE AND LOCATION
OF WIRELESS FACILITIES, WIRELESS SUPPORT STRUCTURES OR UTILITY POLES OR THE
TECHNOLOGY TO BE USED ARE PRESUMED TO BE REASONABLE. THIS PRESUMPTION DOES
NOT APPLY TO THE HEIGHT OF WIRELESS FACILITIES, WIRELESS SUPPORT STRUCTURES
OR UTILITY POLES. AN AUTHORITY MAY CONSIDER THE HEIGHT OF SUCH STRUCTURES
IN THE ZONING REVIEW, PROVIDED THAT IT DOES NOT UNREASONABLY DISCRIMINATE
BETWEEN THE APPLICANT AND OTHER COMMUNICATIONS SERVICE PROVIDERS.
F. THE APPROVAL TERM OF AN APPLICATION DOES NOT EXPIRE, EXCEPT THAT
CONSTRUCTION OF THE APPROVED STRUCTURE OR FACILITIES SHALL BEGIN WITHIN TWO
YEARS AFTER FINAL APPROVAL AND BE DILIGENTLY PURSUED TO COMPLETION.
9-595. Access to authority utility poles; rates and fees;
collocations for other commercial projects or uses
A. AN AUTHORITY MAY NOT ENTER INTO AN EXCLUSIVE ARRANGEMENT WITH ANY
PERSON FOR THE RIGHT TO ATTACH TO AUTHORITY UTILITY POLES.
B. THE RATES AND FEES FOR COLLOCATION ON AUTHORITY UTILITY POLES
SHALL BE NONDISCRIMINATORY REGARDLESS OF THE SERVICES PROVIDED BY THE
COLLOCATING PERSON.
C. THE RATE TO COLLOCATE ON AUTHORITY UTILITY POLES MAY NOT EXCEED
THE ANNUAL RECURRING RATE THAT WOULD BE PERMITTED UNDER RULES ADOPTED BY
THE FEDERAL COMMUNICATIONS COMMISSION UNDER 47 UNITED STATES CODE SECTION
224(e) IF THE RATES WERE REGULATED BY THE FEDERAL COMMUNICATIONS COMMISSION
OR TWENTY DOLLARS PER YEAR PER AUTHORITY UTILITY POLE, WHICHEVER IS LESS.
D. AN AUTHORITY SHALL ESTABLISH AND MAKE AVAILABLE RATES, FEES AND
TERMS FOR THE COLLOCATION OF SMALL WIRELESS FACILITIES ON AUTHORITY UTILITY
POLES WITHIN SIX MONTHS AFTER THE EFFECTIVE DATE OF THIS SECTION OR THREE
MONTHS AFTER RECEIVING A REQUEST TO COLLOCATE THE FIRST SMALL WIRELESS
FACILITY ON SUCH POLES, WHICHEVER IS LATER. THE RATES, TERMS AND
CONDITIONS SHALL BE MADE AVAILABLE SO THAT A WIRELESS PROVIDER MAY ACCEPT
THE RATES, TERMS AND CONDITIONS WITHOUT NEGOTIATIONS. DOCUMENTS REFLECTING
RATES, FEES AND TERMS WITH EACH WIRELESS PROVIDER SHALL BE MADE PUBLICLY
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House Amendments to H.B. 2365
1 AVAILABLE. THE RATES, FEES AND TERMS SHALL COMPLY WITH THE FOLLOWING
2 REQUIREMENTS:
3 1. THE RATES, FEES AND TERMS MUST BE NONDISCRIMINATORY,
4 COMPETITIVELY NEUTRAL AND COMMERCIALLY REASONABLE AND COMPLY WITH THIS
5 SECTION.
6 2. FOR AUTHORITY UTILITY POLES THAT SUPPORT AERIAL CABLES USED FOR
7 VIDEO, COMMUNICATIONS OR ELECTRIC SERVICE, THE PARTIES SHALL COMPLY WITH
8 THE PROCESS FOR MAKE-READY WORK UNDER 47 UNITED STATES CODE SECTION 224 AND
9 THE IMPLEMENTING REGULATIONS. THE GOOD FAITH ESTIMATE OF THE PERSON THAT
10 OWNS OR CONTROLS THE POLE FOR ANY MAKE-READY WORK NECESSARY TO ENABLE THE
11 POLE TO SUPPORT THE REQUESTED COLLOCATION SHALL INCLUDE POLE REPLACEMENT,
12 IF NECESSARY.
13 3. FOR AUTHORITY UTILITY POLES THAT DO NOT SUPPORT AERIAL CABLES
14 USED FOR VIDEO, COMMUNICATIONS OR ELECTRIC SERVICE, THE AUTHORITY SHALL
15 PROVIDE A GOOD FAITH ESTIMATE FOR ANY MAKE-READY WORK NECESSARY TO ENABLE
16 THE POLE TO SUPPORT THE REQUESTED COLLOCATION, INCLUDING POLE REPLACEMENT,
17 IF NECESSARY, WITHIN SIXTY DAYS AFTER RECEIVING A COMPLETE APPLICATION.
18 MAKE-READY WORK, INCLUDING ANY POLE REPLACEMENT TO BE PERFORMED BY THE
19 AUTHORITY, SHALL BE COMPLETED WITHIN SIXTY DAYS AFTER THE WRITTEN
20 ACCEPTANCE OF THE GOOD FAITH ESTIMATE BY THE APPLICANT.
21 4. THE AUTHORITY MAY NOT REQUIRE MORE MAKE-READY WORK THAN IS
22 REQUIRED TO MEET THE REQUIREMENTS OF APPLICABLE CODES OR INDUSTRY
23 STANDARDS. FEES FOR MAKE-READY WORK MAY NOT INCLUDE COSTS RELATED TO
24 PREEXISTING OR PRIOR DAMAGE OR NONCOMPLIANCE. FEES FOR MAKE-READY WORK,
25 INCLUDING ANY POLE REPLACEMENT, MAY NOT EXCEED ACTUAL COSTS OR THE AMOUNT
26 CHARGED TO OTHER COMMUNICATIONS SERVICE PROVIDERS FOR SIMILAR WORK AND MAY
27 NOT INCLUDE ANY CONSULTANT FEES OR EXPENSES.
28 E. AGREEMENTS BETWEEN AUTHORITIES AND WIRELESS PROVIDERS REMAIN IN
29 EFFECT, PROVIDED THAT BOTH OF THE FOLLOWING APPLY:
30 1. THE WIRELESS PROVIDER MAY ACCEPT THE RATES, FEES AND TERMS
31 PROVIDED UNDER SUBSECTION D OF THIS SECTION FOR NEW DEPLOYMENTS OF SMALL
32 WIRELESS FACILITIES.
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House Amendments to H.B. 2365
1 2. THE AGREEMENTS MAY BE TERMINATED IN ACCORDANCE WITH THE
2 AGREEMENT'S TERMS, AND, IF SO TERMINATED, THE WIRELESS PROVIDER MAY CHOOSE
3 TO ACCEPT THE RATES, FEES AND TERMS PROVIDED UNDER SUBSECTION D OF THIS
4 SECTION FOR SMALL WIRELESS FACILITIES.
5 F. AN AUTHORITY SHALL AUTHORIZE THE COLLOCATION OF SMALL WIRELESS
6 FACILITIES ON WIRELESS SUPPORT STRUCTURES AND UTILITY POLES THAT ARE OWNED
7 OR CONTROLLED BY AN AUTHORITY AND THAT ARE NOT LOCATED WITHIN A
8 RIGHT-OF-WAY TO THE SAME EXTENT THE AUTHORITY PERMITS ACCESS TO SUCH
9 STRUCTURES FOR OTHER COMMERCIAL PROJECTS OR USES. COLLOCATIONS FOR OTHER
10 COMMERCIAL PROJECTS OR USES ARE SUBJECT TO REASONABLE AND NONDISCRIMINATORY
11 RATES, FEES AND TERMS AS PROVIDED IN AN AGREEMENT BETWEEN THE AUTHORITY AND
12 THE WIRELESS PROVIDER.
13 9-596. Scope of local authority
14 A. SUBJECT TO THIS ARTICLE AND APPLICABLE FEDERAL LAW, AN AUTHORITY
15 MAY EXERCISE ZONING, LAND USE, PLANNING AND PERMITTING AUTHORITY WITHIN THE
16 AUTHORITY'S TERRITORIAL BOUNDARIES, INCLUDING FOR WIRELESS SUPPORT
17 STRUCTURES AND UTILITY POLES.
18 B. AN AUTHORITY DOES NOT HAVE ANY JURISDICTION OR AUTHORITY OVER THE
19 DESIGN, ENGINEERING, CONSTRUCTION, INSTALLATION OR OPERATION OF ANY SMALL
20 WIRELESS FACILITY LOCATED IN AN INTERIOR STRUCTURE OR ON THE SITE OF ANY
21 CAMPUS, STADIUM OR ATHLETIC FACILITY THAT IS NOT OWNED OR CONTROLLED BY THE
22 AUTHORITY, OTHER THAN TO COMPLY WITH APPLICABLE CODES.
23 C. THIS ARTICLE DOES NOT AUTHORIZE THIS STATE OR ANY POLITICAL
24 SUBDIVISION, INCLUDING AN AUTHORITY, TO REQUIRE WIRELESS FACILITY
25 DEPLOYMENT OR TO REGULATE WIRELESS SERVICES.
26 9-597. Dispute resolution
27 A. A COURT OF COMPETENT JURISDICTION SHALL DETERMINE ALL DISPUTES
28 ARISING UNDER THIS ARTICLE. COMPLAINTS SHALL BE RESOLVED NOT LATER THAN
29 ONE HUNDRED DAYS AFTER A COMPLAINT OR PETITION IS FILED.
30 B. UNLESS AGREED OTHERWISE AND PENDING RESOLUTION OF A RIGHT-OF-WAY
31 ACCESS RATE DISPUTE, THE AUTHORITY CONTROLLING ACCESS TO AND USE OF THE
32 RIGHT-OF-WAY SHALL ALLOW THE PLACEMENT OF A WIRELESS FACILITY OR WIRELESS
IKM
House Amendments to H.B. 2365
1 SUPPORT STRUCTURE AT A TEMPORARY RATE OF ONE-HALF OF THE AUTHORITY -PROPOSED
2 ANNUAL RATE OR TWENTY DOLLARS, WHICHEVER IS LESS, WITH RATES TO BE TRUED UP
3 ON FINAL RESOLUTION OF THE DISPUTE.
4 C. PENDING RESOLUTION OF A DISPUTE CONCERNING RATES FOR COLLOCATION
5 OF SMALL WIRELESS FACILITIES ON AUTHORITY UTILITY POLES, THE PERSON OWNING
6 OR CONTROLLING THE POLE SHALL ALLOW THE COLLOCATION OF SMALL WIRELESS
7 FACILITIES ON THE PERSON'S POLES AT AN ANNUAL RATE OF NOT MORE THAN TWENTY
8 DOLLARS PER YEAR PER UTILITY POLE, WITH RATES TO BE TRUED UP ON FINAL
9 RESOLUTION OF THE DISPUTE.
10 9-598. Indemnification
11 AN AUTHORITY MAY NOT REQUIRE A WIRELESS PROVIDER TO DO EITHER OF THE
12 FOLLOWING:
13 1. INDEMNIFY AND HOLD THE AUTHORITY AND THE AUTHORITY'S OFFICERS AND
14 EMPLOYEES HARMLESS AGAINST ANY CLAIMS, LAWSUITS, JUDGMENTS, COSTS, LIENS,
15 LOSSES, EXPENSES OR FEES EXCEPT WHEN A COURT OF COMPETENT JURISDICTION HAS
16 FOUND THAT THE NEGLIGENCE OF THE WIRELESS PROVIDER DURING INSTALLATION,
17 REPAIR OR MAINTENANCE CAUSED THE HARM THAT CREATED SUCH CLAIMS, LAWSUITS,
18 JUDGMENTS, COSTS, LIENS, LOSSES, EXPENSES OR FEES.
19 2. OBTAIN INSURANCE NAMING THE AUTHORITY OR THE AUTHORITY'S OFFICERS
20 AND EMPLOYEES AS AN ADDITIONAL INSURED AGAINST ANY CLAIMS, LAWSUITS,
21 JUDGMENTS, COSTS, LIENS, LOSSES, EXPENSES OR FEES."
22 Amend title to conform
And, as so amended, it do pass
2365COMMERCE
02/07/2017
01:21 PM
H: rca
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JEFF WENINGER
CHAIRMAN
Fifty-third Legislature Commerce
First Regular Session H.B. 2365
PROPOSED
HOUSE OF REPRESENTATIVES AMENDMENTS TO H.B. 2365
(Reference to printed bill)
1 Strike everything after the enacting clause and insert:
2 "Section 1. Title 9, chapter 5, Arizona Revised Statutes, is amended
3 by adding article 8, to read:
4 ARTICLE 8. USE OF PUBLIC HIGHWAYS BY WIRELESS PROVIDERS
5 9-591. Definitions
6 IN THIS ARTICLE, UNLESS THE CONTEXT OTHERWISE REQUIRES:
7 1. "ANTENNA" MEANS COMMUNICATIONS EQUIPMENT THAT TRANSMITS OR
8 RECEIVES ELECTROMAGNETIC RADIO FREQUENCY SIGNALS AND THAT IS USED IN
9 PROVIDING WIRELESS SERVICES.
10 2. "APPLICABLE CODES" MEANS UNIFORM BUILDING, FIRE, ELECTRICAL,
11 PLUMBING OR MECHANICAL CODES THAT ARE ADOPTED BY A RECOGNIZED NATIONAL CODE
12 ORGANIZATION OR LOCAL AMENDMENTS TO THOSE CODES THAT ARE ENACTED SOLELY TO
13 ADDRESS IMMINENT THREATS OF DESTRUCTION OF PROPERTY OR INJURY TO PERSONS
14 AND TO AN EXTENT THAT IS NOT INCONSISTENT WITH THIS ARTICLE.
15 3. "APPLICANT" MEANS ANY PERSON THAT SUBMITS AN APPLICATION AND IS A
16 WIRELESS PROVIDER.
17 4. "APPLICATION" MEANS A REQUEST THAT IS SUBMITTED BY AN APPLICANT
18 TO AN AUTHORITY FOR A PERMIT TO A COLLOCATE SMALL WIRELESS FACILITIES OR TO
19 APPROVE THE INSTALLATION OR MODIFICATION OF A UTILITY POLE OR WIRELESS
20 SUPPORT STRUCTURE.
21 5. "AUTHORITY" MEANS ANY CITY, TOWN, COUNTY, SPECIAL DISTRICT OR
22 POLITICAL SUBDIVISION OF THIS STATE OR ANY CITY, TOWN OR COUNTY THAT IS
23 AUTHORIZED TO MAKE LEGISLATIVE, QUASI-JUDICIAL OR ADMINISTRATIVE DECISIONS
24 CONCERNING AN APPLICATION. AUTHORITY DOES NOT INCLUDE ANY STATE COURT THAT
25 HAS JURISDICTION OVER AN AUTHORITY.
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6. "AUTHORITY UTILITY POLE" MEANS A UTILITY POLE THAT IS OWNED OR
OPERATED BY AN AUTHORITY AND THAT IS IN A RIGHT-OF-WAY.
7. "COLLOCATE" OR "COLLOCATION" MEANS TO INSTALL, MOUNT, MAINTAIN,
MODIFY, OPERATE OR REPLACE WIRELESS FACILITIES ON OR ADJACENT TO A WIRELESS
SUPPORT STRUCTURE OR UTILITY POLE.
8. "COMMUNICATIONS SERVICE" MEANS CABLE SERVICE AS DEFINED IN 47
UNITED STATES CODE SECTION 522(6), INFORMATION SERVICE AS DEFINED IN 47
UNITED STATES CODE SECTION 153(24), TELECOMMUNICATIONS SERVICE AS DEFINED
IN 47 UNITED STATES CODE SECTION 153(53) OR WIRELESS SERVICES.
9. "COMMUNICATIONS SERVICE PROVIDER" MEANS A CABLE OPERATOR AS
DEFINED IN 47 UNITED STATES CODE SECTION 522(5), A PROVIDER OF INFORMATION
SERVICE AS DEFINED IN 47 UNITED STATES CODE SECTION 153(24), A
TELECOMMUNICATIONS CARRIER AS DEFINED IN 47 UNITED STATES CODE
SECTION 153(51) OR A WIRELESS PROVIDER.
10. "FEE" MEANS A ONE-TIME CHARGE.
11. "LAW" MEANS ANY FEDERAL, STATE OR LOCAL LAW, STATUTE, COMMON
LAW, CODE, RULE, REGULATION, ORDER OR ORDINANCE.
12. "PERMIT" MEANS A WRITTEN AUTHORIZATION REQUIRED BY AN AUTHORITY
TO INSTALL, MOUNT, MAINTAIN, MODIFY, OPERATE OR REPLACE A UTILITY POLE, A
WIRELESS SUPPORT STRUCTURE OR A WIRELESS FACILITY.
13. "PERSON" MEANS AN INDIVIDUAL, CORPORATION, LIMITED LIABILITY
COMPANY, PARTNERSHIP, ASSOCIATION, TRUST OR OTHER ENTITY OR ORGANIZATION,
INCLUDING AN AUTHORITY.
14. "RATE" MEANS A RECURRING CHARGE.
15. "RIGHT-OF-WAY" MEANS THE AREA ON, BELOW OR ABOVE A PUBLIC
ROADWAY, HIGHWAY, STREET, SIDEWALK, ALLEY, UTILITY EASEMENT OR SIMILAR
PROPERTY. RIGHT-OF-WAY DOES NOT INCLUDE A FEDERAL INTERSTATE HIGHWAY, AN
EASEMENT THAT IS GRANTED TO A PRIVATE PROPERTY OWNER OR A UTILITY EASEMENT
THAT DOES NOT AUTHORIZE THE DEPLOYMENT SOUGHT BY THE WIRELESS PROVIDER.
16. "SMALL WIRELESS FACILITY" MEANS A WIRELESS FACILITY THAT MEETS
BOTH OF THE FOLLOWING QUALIFICATIONS:
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(a) EACH ANTENNA IS LOCATED INSIDE AN ENCLOSURE OF NOT MORE THAN SIX
CUBIC FEET IN VOLUME OR, IN THE CASE OF AN ANTENNA THAT HAS EXPOSED
ELEMENTS, THE ANTENNA AND ALL OF THE ANTENNA'S EXPOSED ELEMENTS COULD FIT
WITHIN AN IMAGINARY ENCLOSURE OF NOT MORE THAN SIX CUBIC FEET IN VOLUME.
(b) ALL OTHER WIRELESS EQUIPMENT ASSOCIATED WITH THE FACILITY IS
CUMULATIVELY NOT MORE THAN TWENTY-EIGHT CUBIC FEET IN VOLUME. THE FOLLOWING
TYPES OF ASSOCIATED ANCILLARY EQUIPMENT ARE NOT INCLUDED IN THE CALCULATION
OF EQUIPMENT VOLUME PURSUANT TO THIS SUBDIVISION:
(i) AN ELECTRIC METER.
(ii) CONCEALMENT ELEMENTS.
(iii) A TELECOMMUNICATIONS DEMARCATION BOX.
(iv) GROUND-BASED ENCLOSURES.
(v) GROUNDING EQUIPMENT.
(vi) A POWER TRANSFER SWITCH.
(vii) A CUT-OFF SWITCH.
(viii) VERTICAL CABLE RUNS FOR THE CONNECTION OF POWER AND OTHER
SERVICES.
17. "UTILITY POLE" MEANS A POLE OR SIMILAR STRUCTURE THAT IS USED IN
WHOLE OR IN PART FOR COMMUNICATIONS SERVICES, ELECTRIC DISTRIBUTION,
LIGHTING, TRAFFIC CONTROL OR SIGNAGE OR A SIMILAR FUNCTION.
18. "WIRELESS FACILITY":
(a) MEANS EQUIPMENT AT A FIXED LOCATION THAT ENABLES WIRELESS
COMMUNICATIONS BETWEEN USER EQUIPMENT AND A COMMUNICATIONS NETWORK,
INCLUDING BOTH OF THE FOLLOWING:
(i) EQUIPMENT ASSOCIATED WITH WIRELESS COMMUNICATIONS.
(ii) RADIO TRANSCEIVERS, ANTENNAS, COAXIAL OR FIBER-OPTIC CABLES,
REGULAR AND BACKUP POWER SUPPLIES AND COMPARABLE EQUIPMENT, REGARDLESS OF
TECHNOLOGICAL CONFIGURATION.
(b) INCLUDES SMALL WIRELESS FACILITIES.
(c) DOES NOT INCLUDE THE STRUCTURE OR IMPROVEMENTS ON, UNDER OR
WITHIN WHICH THE EQUIPMENT IS COLLOCATED.
tell
House Amendments to H.B. 2365
1 19. "WIRELESS INFRASTRUCTURE PROVIDER" MEANS ANY PERSON, INCLUDING A
2 PERSON THAT IS AUTHORIZED TO PROVIDE TELECOMMUNICATIONS SERVICE IN THIS
3 STATE, THAT BUILDS OR INSTALLS WIRELESS COMMUNICATIONS TRANSMISSION
4 EQUIPMENT, WIRELESS FACILITIES OR WIRELESS SUPPORT STRUCTURES BUT THAT IS
5 NOT A WIRELESS SERVICES PROVIDER.
6 20. "WIRELESS PROVIDER" MEANS A WIRELESS INFRASTRUCTURE PROVIDER OR
7 A WIRELESS SERVICES PROVIDER.
8 21. "WIRELESS SERVICES" MEANS ANY SERVICES, WHETHER AT A FIXED
9 LOCATION OR MOBILE, THAT ARE PROVIDED TO THE PUBLIC USING WIRELESS
10 FACILITIES.
11 22. "WIRELESS SERVICES PROVIDER" MEANS A PERSON THAT PROVIDES
12 WIRELESS SERVICES.
13 23. "WIRELESS SUPPORT STRUCTURE":
14 (a) MEANS:
15 (i) A FREESTANDING STRUCTURE, SUCH AS A MONOPOLE.
16 (ii) A TOWER, EITHER GUYED OR SELF-SUPPORTING.
17 (iii) A BILLBOARD.
18 (iv) ANY OTHER EXISTING OR PROPOSED STRUCTURE DESIGNED TO SUPPORT OR
19 CAPABLE OF SUPPORTING WIRELESS FACILITIES.
20 (b) DOES NOT INCLUDE A UTILITY POLE.
21 9-592. Applicability; wireless provider; use of right-of-way;
22 rates and fees; right to access; damage and repair of
23 the right-of-way
24 A. THIS SECTION APPLIES TO THE ACTIVITIES OF A WIRELESS PROVIDER
25 WITHIN A RIGHT-OF-WAY.
26 B. AN AUTHORITY MAY NOT ENTER INTO AN EXCLUSIVE ARRANGEMENT WITH ANY
27 PERSON FOR USE OF A RIGHT-OF-WAY FOR THE CONSTRUCTION, OPERATION, MARKETING
28 OR MAINTENANCE OF WIRELESS FACILITIES OR WIRELESS SUPPORT STRUCTURES OR THE
29 COLLOCATION OF SMALL WIRELESS FACILITIES.
30 C. AN AUTHORITY MAY CHARGE A WIRELESS PROVIDER A RATE OR FEE FOR THE
31 USE OF A RIGHT-OF-WAY FOR THE CONSTRUCTION, INSTALLATION, MOUNTING,
32 MAINTENANCE, MODIFICATION, OPERATION OR REPLACEMENT OF A WIRELESS FACILITY
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House Amendments to H.B. 2365
1 OR WIRELESS SUPPORT STRUCTURE IN THE RIGHT-OF-WAY, INCLUDING COLLOCATION IN
2 THE RIGHT-OF-WAY, ONLY IF THE AUTHORITY CHARGES OTHER COMMUNICATIONS
3 SERVICE PROVIDERS OR PUBLICLY, COOPERATIVELY OR MUNICIPALLY OWNED UTILITIES
4 FOR THE USE OF THE RIGHT-OF-WAY. IF AN AUTHORITY CHARGES A RATE OR FEE
5 PURSUANT TO THIS SECTION, THE RATE OR FEE FOR A WIRELESS PROVIDER MUST BE:
6 1. LIMITED TO NOT MORE THAN THE DIRECT AND ACTUAL COST OF MANAGING
7 THE RIGHT-OF-WAY.
8 2. COMPETITIVELY NEUTRAL IN REGARD TO OTHER USERS OF THE
9 RIGHT-OF-WAY, INCLUDING INVESTOR, AUTHORITY OR COOPERATIVELY OWNED
10 ENTITIES.
11 D. A RATE OR FEE CHARGED PURSUANT TO THIS SECTION MAY NOT DO ANY OF
12 THE FOLLOWING:
13 1. RESULT IN A DOUBLE RECOVERY WHERE EXISTING RATES, FEES OR TAXES
14 ALREADY RECOVER THE DIRECT AND ACTUAL COSTS OF MANAGING A RIGHT-OF-WAY.
15 2. BE IN THE FORM OF A FRANCHISE OR OTHER FEE BASED ON REVENUE OR
16 CUSTOMER COUNTS.
17 3. BE UNREASONABLE OR DISCRIMINATORY.
18 4. VIOLATE ANY APPLICABLE LAW.
19 5. EXCEED AN ANNUAL AMOUNT EQUAL TO TWENTY DOLLARS TIMES THE NUMBER
20 OF UTILITY POLES OR WIRELESS SUPPORT STRUCTURES IN THE AUTHORITY'S
21 GEOGRAPHIC JURISDICTION ON WHICH THE WIRELESS PROVIDER HAS COLLOCATED A
22 SMALL WIRELESS FACILITY ANTENNA.
23 E. AN AUTHORITY SHALL ESTABLISH AND MAKE AVAILABLE RATES, FEES AND
24 TERMS FOR THE CONSTRUCTION, INSTALLATION, MOUNTING, MAINTENANCE,
25 MODIFICATION, OPERATION OR REPLACEMENT OF A WIRELESS FACILITY, UTILITY POLE
26 OR WIRELESS SUPPORT STRUCTURE BY A WIRELESS PROVIDER IN A RIGHT-OF-WAY
27 CONTROLLED BY THE AUTHORITY, INCLUDING COLLOCATION IN THE RIGHT-OF-WAY,
28 WITHIN SIX MONTHS AFTER THE EFFECTIVE DATE OF THIS SECTION OR THREE MONTHS
29 AFTER RECEIVING A REQUEST BY A WIRELESS PROVIDER, WHICHEVER IS LATER. THE
30 RATES, FEES AND TERMS MUST COMPLY WITH THIS SECTION AND BE MADE AVAILABLE
31 SO THAT A WIRELESS PROVIDER MAY ACCEPT THEM WITHOUT NEGOTIATION. DOCUMENTS
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House Amendments to H.B. 2365
THAT REFLECT RATES, FEES AND TERMS WITH EACH WIRELESS PROVIDER SHALL BE
MADE PUBLICLY AVAILABLE.
F. AGREEMENTS BETWEEN AUTHORITIES AND WIRELESS PROVIDERS REMAIN IN
EFFECT, IF BOTH OF THE FOLLOWING APPLY:
1. THE WIRELESS PROVIDER MAY ACCEPT THE RATES, FEES AND TERMS
PROVIDED UNDER SUBSECTION E OF THIS SECTION FOR NEW DEPLOYMENTS OF WIRELESS
FACILITIES, UTILITY POLES AND WIRELESS SUPPORT STRUCTURES.
2. THE AGREEMENTS MAY BE TERMINATED IN ACCORDANCE WITH THE
AGREEMENT'S TERMS, AND, IF SO TERMINATED, THE WIRELESS PROVIDER MAY CHOOSE
TO ACCEPT THE RATES, FEES AND TERMS PROVIDED UNDER SUBSECTION E OF THIS
SECTION FOR WIRELESS FACILITIES, UTILITY POLES AND WIRELESS SUPPORT
STRUCTURES DEPLOYED BEFORE THE TERMINATION OF THE AGREEMENT.
G. SUBJECT TO THIS SECTION AND THE APPROVAL OF AN APPLICATION, IF
REQUIRED, A WIRELESS PROVIDER MAY COLLOCATE WIRELESS FACILITIES AND
CONSTRUCT, INSTALL, MODIFY, MOUNT, MAINTAIN, OPERATE AND REPLACE UTILITY
POLES, WIRELESS SUPPORT STRUCTURES, CONDUIT, CABLE AND RELATED
APPURTENANCES AND FACILITIES ALONG, ACROSS, ON AND UNDER THE RIGHT-OF-WAY.
SUCH STRUCTURES AND FACILITIES SHALL BE CONSTRUCTED AND MAINTAINED AS TO
NOT OBSTRUCT OR HINDER THE USUAL TRAVEL OR PUBLIC SAFETY ON THE
RIGHT-OF-WAY OR OBSTRUCT THE LEGAL USE OF THE RIGHT-OF-WAY BY OTHER
UTILITIES. A NEW OR MODIFIED UTILITY POLE OR WIRELESS SUPPORT STRUCTURE
INSTALLED IN THE RIGHT-OF-WAY IS NOT SUBJECT TO ZONING REVIEW AND APPROVAL
IF IT DOES NOT EXCEED THE GREATER OF TEN FEET IN HEIGHT ABOVE THE TALLEST
EXISTING UTILITY POLE, OTHER THAN A UTILITY POLE SUPPORTING ONLY WIRELESS
FACILITIES, THAT IS IN PLACE AS OF THE EFFECTIVE DATE OF THIS SECTION, THAT
IS LOCATED WITHIN FIVE HUNDRED FEET OF THE NEW UTILITY POLE AND THAT IS IN
THE SAME RIGHT-OF-WAY, OR FORTY FEET ABOVE GROUND LEVEL. NEW WIRELESS
FACILITIES IN THE RIGHT-OF-WAY MAY NOT EXTEND MORE THAN TEN FEET ABOVE AN
EXISTING UTILITY POLE OR WIRELESS SUPPORT STRUCTURE IN PLACE AS OF THE
EFFECTIVE DATE OF THIS SECTION OR ABOVE THE HEIGHT PERMITTED FOR A NEW
UTILITY POLE OR WIRELESS SUPPORT STRUCTURE UNDER THIS SECTION. NEW OR
MODIFIED UTILITY POLES, WIRELESS SUPPORT STRUCTURES AND WIRELESS FACILITIES
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House Amendments to H.B. 2365
THAT EXCEED THE HEIGHT PERMITTED UNDER THIS SECTION ARE SUBJECT TO ZONING
REVIEW AND APPROVAL.
H. AN AUTHORITY MAY REQUIRE AN APPLICATION UNDER THIS SECTION FOR
THE INSTALLATION OF NEW OR MODIFIED UTILITY POLES, WIRELESS SUPPORT
STRUCTURES AND WIRELESS FACILITIES THAT ARE NOT SMALL WIRELESS FACILITIES.
AN AUTHORITY SHALL APPROVE AN APPLICATION UNLESS THE AUTHORITY FINDS THAT
THE STRUCTURE OR FACILITIES FAIL TO COMPLY WITH EITHER OF THE FOLLOWING:
1. APPLICABLE CODES.
2. LOCAL CODE PROVISIONS THAT CONCERN:
(a) PUBLIC SAFETY.
(b) OBJECTIVE DESIGN STANDARDS AND REASONABLE AND FEASIBLE
CONCEALMENT REQUIREMENTS.
(c) REQUIREMENTS THAT FACILITIES BE PLACED UNDERGROUND, IF SUCH
REQUIREMENTS INCLUDE A WAIVER PROCESS AND DO NOT PROHIBIT THE REPLACEMENT
OF EXISTING STRUCTURES AND FACILITIES.
I. AN AUTHORITY SHALL PROCESS APPLICATIONS IN COMPLIANCE WITH
APPLICABLE LAW. IF AN AUTHORITY FAILS TO APPROVE OR DENY AN APPLICATION
WITHIN THE TIME SPECIFIED BY APPLICABLE LAW, THE APPLICATION SHALL BE
DEEMED APPROVED. APPLICATION FEES SHALL BE SUBJECT TO THE SAME
REQUIREMENTS SPECIFIED IN SECTION 9-594, SUBSECTION D.
J. THE CONSTRUCTION, INSTALLATION, MOUNTING, MAINTENANCE,
MODIFICATION, OPERATION OR REPLACEMENT FOR WHICH A PERMIT IS GRANTED SHALL
BE COMPLETED WITHIN ONE YEAR AFTER THE APPROVAL DATE, UNLESS THE AUTHORITY
AND WIRELESS PROVIDER AGREE TO EXTEND THIS PERIOD. APPROVAL OF AN
APPLICATION BY AN AUTHORITY AUTHORIZES THE APPLICANT TO DO BOTH OF THE
FOLLOWING:
1. UNDERTAKE THE REQUESTED DEPLOYMENT.
2. SUBJECT TO APPLICABLE RELOCATION REQUIREMENTS AND THE WIRELESS
PROVIDER'S RIGHT TO TERMINATE AT ANY TIME, OPERATE AND MAINTAIN THE NEW OR
MODIFIED UTILITY POLE, WIRELESS SUPPORT STRUCTURE OR WIRELESS FACILITY FOR
A PERIOD OF NOT LESS THAN TEN YEARS, WHICH MUST BE RENEWED FOR EQUIVALENT
DURATIONS UNLESS THE AUTHORITY MAKES A FINDING THAT THE NEW OR MODIFIED
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House Amendments to H.B. 2365
1 UTILITY POLE, WIRELESS SUPPORT STRUCTURE OR WIRELESS FACILITY DOES NOT
2 COMPLY WITH APPLICABLE CODES OR THE LOCAL CODE PROVISIONS DESCRIBED IN
3 SUBSECTION H, PARAGRAPH 2 OF THIS SECTION.
4 K. AN AUTHORITY MUST BE COMPETITIVELY NEUTRAL IN REGARD TO OTHER
5 USERS OF A RIGHT-OF-WAY IN THE ADMINISTRATION AND REGULATION RELATED TO THE
6 MANAGEMENT OF THE RIGHT-OF-WAY, INCLUDING THAT TERMS MAY NOT BE
7 UNREASONABLE OR DISCRIMINATORY AND MAY NOT VIOLATE ANY APPLICABLE LAW.
8 L. AN AUTHORITY MAY REQUIRE A WIRELESS PROVIDER TO REPAIR ALL DAMAGE
9 TO A RIGHT -OF WAY THAT IS DIRECTLY CAUSED BY THE ACTIVITIES OF THE WIRELESS
10 PROVIDER WHILE OCCUPYING, INSTALLING, REPAIRING OR MAINTAINING WIRELESS
11 FACILITIES, WIRELESS SUPPORT STRUCTURES OR UTILITY POLES IN THE
12 RIGHT-OF-WAY AND TO RETURN THE RIGHT-OF-WAY TO SUBSTANTIALLY THE SAME
13 CONDITION AS BEFORE THE DAMAGE PURSUANT TO THE COMPETITIVELY NEUTRAL,
14 REASONABLE REQUIREMENTS AND SPECIFICATIONS OF THE AUTHORITY. IF THE
15 WIRELESS PROVIDER FAILS TO MAKE THE REPAIRS REQUIRED BY THE AUTHORITY
16 WITHIN A REASONABLE TIME AFTER WRITTEN NOTICE, THE AUTHORITY MAY MAKE THE
17 REPAIRS AND CHARGE THE APPLICABLE PARTY THE REASONABLE, DOCUMENTED COST OF
18 THE REPAIRS.
19 9-593. Applicability; collocation of small wireless
20 facilities; permits; application; fee; application
21 fee limitations
22 A. THIS SECTION APPLIES TO THE ACTIVITIES OF A WIRELESS PROVIDER
23 WITHIN OR OUTSIDE OF A RIGHT-OF-WAY.
24 B. EXCEPT AS PROVIDED IN THIS SECTION AND SECTIONS 9-592, 9-594 AND
25 9-595, AS APPLICABLE, AN AUTHORITY MAY NOT PROHIBIT, REGULATE OR CHARGE FOR
26 THE COLLOCATION OF SMALL WIRELESS FACILITIES.
27 C. A SMALL WIRELESS FACILITY IS CLASSIFIED AS A PERMITTED USE AND IS
28 NOT SUBJECT TO ZONING REVIEW OR APPROVAL IF THE SMALL WIRELESS FACILITY IS
29 COLLOCATED IN A RIGHT-OF-WAY IN ANY ZONE OR OUTSIDE OF A RIGHT-OF-WAY IN
30 PROPERTY THAT IS NOT ZONED FOR SINGLE-FAMILY RESIDENTIAL USE.
31 D. AN AUTHORITY MAY REQUIRE AN APPLICANT TO OBTAIN ONE OR MORE
32 PERMITS TO COLLOCATE A SMALL WIRELESS FACILITY IF THE PERMIT REQUIREMENT IS
House Amendments to H.B. 2365
1 OF GENERAL APPLICABILITY AND DOES NOT APPLY EXCLUSIVELY TO WIRELESS
2 FACILITIES. AN APPLICANT SEEKING TO COLLOCATE MULTIPLE SMALL WIRELESS
3 FACILITIES WITHIN THE JURISDICTION OF A SINGLE AUTHORITY MAY FILE A
4 CONSOLIDATED APPLICATION AND RECEIVE A SINGLE PERMIT FOR THE COLLOCATION OF
5 UP TO FIFTY SMALL WIRELESS FACILITIES IF THE COLLOCATIONS EACH INVOLVE
6 SUBSTANTIALLY THE SAME TYPE OF SMALL WIRELESS FACILITIES AND SUBSTANTIALLY
7 THE SAME TYPE OF STRUCTURE.
8 E. AN APPLICATION MUST INCLUDE AN ATTESTATION THAT THE SMALL
9 WIRELESS FACILITIES WILL BE COLLOCATED ON THE UTILITY POLE OR WIRELESS
10 SUPPORT STRUCTURE AND THAT THE SMALL WIRELESS FACILITIES WILL BE
11 OPERATIONAL FOR USE BY A WIRELESS SERVICES PROVIDER TO PROVIDE SERVICE
12 WITHIN ONE YEAR AFTER THE DATE ON WHICH THE APPLICATION IS GRANTED.
13 F. AN AUTHORITY SHALL:
14 1. ACCEPT APPLICATIONS FOR, PROCESS AND ISSUE PERMITS TO COLLOCATE
15 SMALL WIRELESS FACILITIES.
16 2. WITHIN TEN DAYS AFTER RECEIVING AN APPLICATION, DETERMINE AND
17 NOTIFY THE APPLICANT WHETHER THE APPLICATION IS COMPLETE. IF AN
18 APPLICATION IS INCOMPLETE, THE AUTHORITY MUST SPECIFICALLY IDENTIFY THE
19 INFORMATION MISSING FROM THE APPLICATION.
20 3. PROCESS EACH APPLICATION ON A NONDISCRIMINATORY BASIS. AN
21 APPLICATION IS DEEMED APPROVED IF THE AUTHORITY FAILS TO APPROVE OR DENY
22 THE APPLICATION WITHIN SIXTY DAYS AFTER RECEIVING THE APPLICATION.
23 4. APPROVE AN APPLICATION UNLESS THE APPLICATION DOES NOT MEET THE
24 APPLICABLE CODES OR LOCAL CODE PROVISIONS THAT CONCERN PUBLIC SAFETY OR
25 REASONABLE AND FEASIBLE CONCEALMENT REQUIREMENTS. IF AN AUTHORITY
26 DETERMINES THAT APPLICABLE CODES OR SUCH LOCAL CODE PROVISIONS REQUIRE THAT
27 THE UTILITY POLE OR WIRELESS SUPPORT STRUCTURE BE REPLACED BEFORE THE
28 REQUESTED COLLOCATION, APPROVAL MAY BE CONDITIONED ON SUCH REPLACEMENT.
29 5. IF AN APPLICATION IS DENIED, DOCUMENT THE BASIS FOR A DENIAL,
30 INCLUDING THE SPECIFIC CODE PROVISIONS ON WHICH THE DENIAL WAS BASED, AND
31 SEND THE DOCUMENTATION TO THE APPLICANT ON OR BEFORE THE DATE THAT THE
32 APPLICATION IS DENIED. IF AN APPLICATION INCLUDES MULTIPLE SMALL WIRELESS
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House Amendments to H.B. 2365
FACILITIES, THE AUTHORITY MAY APPROVE ONE OR MORE OF THE SMALL WIRELESS
FACILITIES AND DENY ONE OR MORE OF THE SMALL WIRELESS FACILITIES. THE
APPLICANT MAY CURE THE DEFICIENCIES IDENTIFIED BY THE AUTHORITY AND
RESUBMIT THE APPLICATION WITHIN THIRTY DAYS AFTER THE DENIAL WITHOUT PAYING
AN ADDITIONAL APPLICATION FEE. THE AUTHORITY SHALL APPROVE OR DENY THE
REVISED APPLICATION WITHIN THIRTY DAYS AFTER RECEIVING THE REVISED
APPLICATION. ANY SUBSEQUENT REVIEW IS LIMITED TO THE DEFICIENCIES CITED IN
THE DENIAL.
G. AN AUTHORITY MAY NOT:
1. DIRECTLY OR INDIRECTLY REQUIRE AN APPLICANT TO PERFORM SERVICES
THAT ARE UNRELATED TO THE COLLOCATION FOR WHICH APPROVAL IS SOUGHT, SUCH AS
IN-KIND CONTRIBUTIONS TO THE AUTHORITY, INCLUDING RESERVING FIBER, CONDUIT
OR POLE SPACE FOR THE AUTHORITY.
2. REQUIRE AN APPLICANT TO PROVIDE MORE INFORMATION TO OBTAIN A
PERMIT THAN THE AUTHORITY REQUIRES OF A COMMUNICATIONS SERVICE PROVIDER
THAT IS NOT A WIRELESS PROVIDER AND THAT REQUESTS TO ATTACH FACILITIES TO A
STRUCTURE. AN AUTHORITY MAY REQUIRE THE APPLICANT TO CERTIFY THAT THE
SMALL WIRELESS FACILITIES TO BE COLLOCATED COMPLY WITH THE FEDERAL
COMMUNICATIONS COMMISSION'S REGULATIONS CONCERNING FREQUENCY EMISSIONS
REFERENCED IN 47 UNITED STATES CODE SECTION 332(c)(7)(B)(iv).
3. INSTITUTE, EITHER EXPRESSLY OR DE FACTO, A MORATORIUM ON FILING,
RECEIVING OR PROCESSING APPLICATIONS OR ISSUING PERMITS OR OTHER APPROVALS,
IF ANY, FOR THE COLLOCATION OF A SMALL WIRELESS FACILITY.
4. REQUIRE AN APPLICATION FOR ROUTINE MAINTENANCE OR THE REPLACEMENT
OF WIRELESS FACILITIES WITH WIRELESS FACILITIES THAT ARE SUBSTANTIALLY
SIMILAR OR THE SAME SIZE OR SMALLER. AN AUTHORITY MAY REQUIRE A PERMIT TO
WORK WITHIN A RIGHT-OF-WAY FOR SUCH ACTIVITIES, IF APPLICABLE. A PERMIT
ISSUED PURSUANT TO THIS PARAGRAPH IS SUBJECT TO THE REQUIREMENTS OF THIS
SECTION.
H. COLLOCATION FOR WHICH A PERMIT IS GRANTED SHALL BE COMPLETED
WITHIN ONE YEAR AFTER THE APPROVAL DATE UNLESS THE AUTHORITY AND THE
will
House Amendments to H.B. 2365
1 WIRELESS PROVIDER AGREE TO EXTEND THIS PERIOD. APPROVAL OF AN APPLICATION
2 BY AN AUTHORITY SHALL ALLOW THE APPLICANT TO DO BOTH OF THE FOLLOWING:
3 1. COLLOCATE THE SMALL WIRELESS FACILITIES.
4 2. SUBJECT TO APPLICABLE RELOCATION REQUIREMENTS AND THE WIRELESS
5 PROVIDER'S RIGHT TO TERMINATE AT ANY TIME, OPERATE AND MAINTAIN THE SMALL
6 WIRELESS FACILITIES FOR A PERIOD OF NOT LESS THAN TEN YEARS, WHICH MUST BE
7 RENEWED FOR EQUIVALENT DURATIONS UNLESS THE AUTHORITY MAKES A FINDING THAT
8 THE SMALL WIRELESS FACILITIES DO NOT COMPLY WITH THE APPLICABLE CODES OR
9 LOCAL CODE PROVISIONS DESCRIBED IN SUBSECTION F, PARAGRAPH 4 OF THIS
10 SECTION.
11 I. AN AUTHORITY MAY CHARGE AN APPLICATION FEE ONLY IF AN APPLICATION
12 FEE IS REQUIRED FOR SIMILAR TYPES OF COMMERCIAL DEVELOPMENT WITHIN THE
13 AUTHORITY. AN APPLICATION FEE IS LIMITED TO THE ACTUAL, DIRECT AND
14 REASONABLE COSTS THAT ARE INCURRED BY THE AUTHORITY AND THAT RELATE TO THE
15 GRANTING OR PROCESSING OF AN APPLICATION. AN APPLICATION FEE SHALL BE
16 REASONABLY RELATED IN TIME TO THE INCURRING OF SUCH COSTS. IF SUCH COSTS
17 ARE ALREADY RECOVERED BY EXISTING FEES, RATES OR TAXES THAT ARE PAID BY A
18 WIRELESS PROVIDER, AN AUTHORITY MAY NOT CHARGE AN APPLICATION FEE TO
19 RECOVER SUCH COSTS. AN APPLICATION FEE MAY NOT INCLUDE:
20 1. THIRD -PARTY TRAVEL EXPENSES THAT ARE INCURRED TO REVIEW AN
21 APPLICATION.
22 2. THE DIRECT PAYMENT OR REIMBURSEMENT OF THIRD -PARTY RATES OR FEES
23 THAT ARE CHARGED ON A CONTINGENCY BASIS OR PURSUANT TO A RESULT -BASED
24 ARRANGEMENT.
25 J. THE TOTAL APPLICATION FEE, IF ALLOWED, MAY NOT EXCEED THE LESSER
26 OF THE AMOUNT CHARGED BY THE AUTHORITY FOR A BUILDING PERMIT FOR ANY
27 SIMILAR COMMERCIAL CONSTRUCTION, ACTIVITY OR LAND USE DEVELOPMENT OR ONE
28 HUNDRED DOLLARS EACH FOR UP TO FIVE SMALL WIRELESS FACILITIES ADDRESSED IN
29 AN APPLICATION AND FIFTY DOLLARS FOR EACH ADDITIONAL SMALL WIRELESS
30 FACILITY ADDRESSED IN THE APPLICATION.
31 K. IN ANY CONTROVERSY CONCERNING THE APPROPRIATENESS OF AN
32 APPLICATION FEE, THE AUTHORITY HAS THE BURDEN OF PROOF THAT THE APPLICATION
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FEE IS REASONABLY RELATED TO THE ACTUAL, DIRECT AND REASONABLE COSTS
INCURRED BY THE AUTHORITY.
L. THIS SECTION DOES NOT ALLOW A PERSON TO COLLOCATE SMALL WIRELESS
FACILITIES ON A PRIVATELY OWNED UTILITY POLE, A PRIVATELY OWNED WIRELESS
SUPPORT STRUCTURE OR PRIVATE PROPERTY LOCATED OUTSIDE OF THE RIGHT-OF-WAY
WITHOUT THE CONSENT OF THE PROPERTY OWNER.
9-594. Applicability; structures subject to zoning; time
frames; application; fees
A. THIS SECTION APPLIES TO ZONING REVIEWS FOR THE FOLLOWING
ACTIVITIES THAT TAKE PLACE INSIDE OF A RIGHT-OF-WAY IF THE ACTIVITIES ARE
NOT EXEMPT FROM ZONING REVIEW AND APPROVAL UNDER SECTION 9-592, SUBSECTION
G OR SECTION 9-593, SUBSECTION C:
1. THE MODIFICATION OF EXISTING OR THE INSTALLATION OF NEW WIRELESS
SUPPORT STRUCTURES, UTILITY POLES OR WIRELESS FACILITIES.
2. THE COLLOCATION OF WIRELESS FACILITIES.
B. AN AUTHORITY SHALL:
1. ACCEPT AND PROCESS APPLICATIONS FOR THE MODIFICATION OF EXISTING
OR THE INSTALLATION OF NEW WIRELESS SUPPORT STRUCTURES, UTILITY POLES OR
WIRELESS FACILITIES AND THE COLLOCATION OF WIRELESS FACILITIES.
2. WITHIN THIRTY DAYS AFTER RECEIVING AN APPLICATION, NOTIFY THE
APPLICANT WHETHER THE APPLICATION IS COMPLETE. IF AN APPLICATION IS
INCOMPLETE, THE AUTHORITY MUST SPECIFICALLY IDENTIFY THE INFORMATION
MISSING FROM THE APPLICATION.
3. PROCESS EACH APPLICATION ON A NONDISCRIMINATORY BASIS. AN
APPLICATION IS DEEMED APPROVED IF THE AUTHORITY FAILS TO APPROVE OR DENY
THE APPLICATION WITHIN ONE HUNDRED FIFTY CALENDAR DAYS AFTER RECEIPT OF AN
APPLICATION FOR THE MODIFICATION OF EXISTING OR THE INSTALLATION OF NEW
WIRELESS SUPPORT STRUCTURES, UTILITY POLES OR WIRELESS FACILITIES OR WITHIN
NINETY CALENDAR DAYS AFTER RECEIPT OF AN APPLICATION FOR THE COLLOCATION OF
WIRELESS FACILITIES. THE TIME PERIOD FOR APPROVAL MAY BE TOLLED TO
ACCOMMODATE TIMELY REQUESTS FOR INFORMATION REQUIRED TO COMPLETE THE
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House Amendments to H.B. 2365
APPLICATION OR MAY BE EXTENDED BY MUTUAL AGREEMENT BETWEEN THE APPLICANT
AND AUTHORITY.
4. IF AN APPLICATION IS DENIED, NOTIFY THE APPLICANT IN WRITING AND
PROVIDE SUBSTANTIAL SUPPORTING EVIDENCE IN THE WRITTEN RECORD. THE WRITTEN
NOTIFICATION OF THE DENIAL AND THE SUPPORTING EVIDENCE SHALL BE PUBLICLY
RELEASED CONTEMPORANEOUSLY. IF AN APPLICATION IS DENIED, THERE MUST BE A
REASONABLE BASIS FOR THE DENIAL. AN AUTHORITY MAY NOT DENY AN APPLICATION
IF THE DENIAL IS DISCRIMINATORY AGAINST THE APPLICANT WITH RESPECT TO THE
PLACEMENT OF THE FACILITIES OF OTHER WIRELESS PROVIDERS.
C. AN AUTHORITY MAY NOT:
1. REQUIRE AN APPLICANT TO SUBMIT INFORMATION ABOUT THE APPLICANT'S
BUSINESS DECISIONS REGARDING THE NEED FOR THE WIRELESS SUPPORT STRUCTURE,
UTILITY POLE OR WIRELESS FACILITIES.
2. REQUIRE AN APPLICANT TO SUBMIT INFORMATION ABOUT, OR EVALUATE AN
APPLICANT'S BUSINESS DECISIONS REGARDING THE APPLICANT'S SERVICE, CUSTOMER
DEMAND FOR SERVICE OR QUALITY OF SERVICE.
3. INSTITUTE, EITHER EXPRESSLY OR DE FACTO, A MORATORIUM ON FILING,
RECEIVING OR PROCESSING APPLICATIONS OR ISSUING APPROVALS FOR MODIFICATIONS
OR INSTALLATIONS THAT ARE NOT A PERMITTED USE.
D. AN AUTHORITY MAY:
1. ADOPT REASONABLE REQUIREMENTS REGARDING THE APPEARANCE OF
FACILITIES, INCLUDING THOSE RELATING TO MATERIALS USED OR ARRANGING,
SCREENING OR LANDSCAPING.
2. ADOPT SETBACK OR FALL ZONE REQUIREMENTS THAT ARE SUBSTANTIALLY
SIMILAR TO A SETBACK OR FALL ZONE REQUIREMENT THAT IS IMPOSED ON OTHER
TYPES OF COMMERCIAL STRUCTURES OF A SIMILAR HEIGHT.
3. CHARGE AN APPLICATION FEE. ANY APPLICATION FEE IS SUBJECT TO THE
REQUIREMENTS PROVIDED IN SECTION 9-593, SUBSECTIONS I AND J. THE TOTAL
APPLICATION FEE, IF ALLOWED, MAY NOT EXCEED THE LESSER OF THE AMOUNT
CHARGED BY THE AUTHORITY FOR A BUILDING PERMIT FOR ANY SIMILAR COMMERCIAL
CONSTRUCTION, ACTIVITY OR LAND USE DEVELOPMENT OR ONE THOUSAND DOLLARS FOR
THE MODIFICATION OF EXISTING OR THE INSTALLATION OF NEW WIRELESS SUPPORT
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STRUCTURES, UTILITY POLES OR WIRELESS FACILITIES OR A SUBSTANTIAL
MODIFICATION OF A WIRELESS SUPPORT STRUCTURE.
E. AN APPLICANT'S BUSINESS DECISIONS REGARDING THE TYPE AND LOCATION
OF WIRELESS FACILITIES, WIRELESS SUPPORT STRUCTURES OR UTILITY POLES OR THE
TECHNOLOGY TO BE USED ARE PRESUMED TO BE REASONABLE. THIS PRESUMPTION DOES
NOT APPLY TO THE HEIGHT OF WIRELESS FACILITIES, WIRELESS SUPPORT STRUCTURES
OR UTILITY POLES. AN AUTHORITY MAY CONSIDER THE HEIGHT OF SUCH STRUCTURES
IN THE ZONING REVIEW, PROVIDED THAT IT DOES NOT UNREASONABLY DISCRIMINATE
BETWEEN THE APPLICANT AND OTHER COMMUNICATIONS SERVICE PROVIDERS.
F. THE APPROVAL TERM OF AN APPLICATION DOES NOT EXPIRE, EXCEPT THAT
CONSTRUCTION OF THE APPROVED STRUCTURE OR FACILITIES SHALL BEGIN WITHIN TWO
YEARS AFTER FINAL APPROVAL AND BE DILIGENTLY PURSUED TO COMPLETION.
9-595. Access to authority utility poles; rates and fees;
collocations for other commercial projects or uses
A. AN AUTHORITY MAY NOT ENTER INTO AN EXCLUSIVE ARRANGEMENT WITH ANY
PERSON FOR THE RIGHT TO ATTACH TO AUTHORITY UTILITY POLES.
B. THE RATES AND FEES FOR COLLOCATION ON AUTHORITY UTILITY POLES
SHALL BE NONDISCRIMINATORY REGARDLESS OF THE SERVICES PROVIDED BY THE
COLLOCATING PERSON.
C. THE RATE TO COLLOCATE ON AUTHORITY UTILITY POLES MAY NOT EXCEED
THE ANNUAL RECURRING RATE THAT WOULD BE PERMITTED UNDER RULES ADOPTED BY
THE FEDERAL COMMUNICATIONS COMMISSION UNDER 47 UNITED STATES CODE SECTION
224(e) IF THE RATES WERE REGULATED BY THE FEDERAL COMMUNICATIONS COMMISSION
OR TWENTY DOLLARS PER YEAR PER AUTHORITY UTILITY POLE, WHICHEVER IS LESS.
D. AN AUTHORITY SHALL ESTABLISH AND MAKE AVAILABLE RATES, FEES AND
TERMS FOR THE COLLOCATION OF SMALL WIRELESS FACILITIES ON AUTHORITY UTILITY
POLES WITHIN SIX MONTHS AFTER THE EFFECTIVE DATE OF THIS SECTION OR THREE
MONTHS AFTER RECEIVING A REQUEST TO COLLOCATE THE FIRST SMALL WIRELESS
FACILITY ON SUCH POLES, WHICHEVER IS LATER. THE RATES, TERMS AND
CONDITIONS SHALL BE MADE AVAILABLE SO THAT A WIRELESS PROVIDER MAY ACCEPT
THE RATES, TERMS AND CONDITIONS WITHOUT NEGOTIATIONS. DOCUMENTS REFLECTING
RATES, FEES AND TERMS WITH EACH WIRELESS PROVIDER SHALL BE MADE PUBLICLY
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House Amendments to H.B. 2365
1 AVAILABLE. THE RATES, FEES AND TERMS SHALL COMPLY WITH THE FOLLOWING
2 REQUIREMENTS:
3 1. THE RATES, FEES AND TERMS MUST BE NONDISCRIMINATORY,
4 COMPETITIVELY NEUTRAL AND COMMERCIALLY REASONABLE AND COMPLY WITH THIS
5 SECTION.
6 2. FOR AUTHORITY UTILITY POLES THAT SUPPORT AERIAL CABLES USED FOR
7 VIDEO, COMMUNICATIONS OR ELECTRIC SERVICE, THE PARTIES SHALL COMPLY WITH
8 THE PROCESS FOR MAKE-READY WORK UNDER 47 UNITED STATES CODE SECTION 224 AND
9 THE IMPLEMENTING REGULATIONS. THE GOOD FAITH ESTIMATE OF THE PERSON THAT
10 OWNS OR CONTROLS THE POLE FOR ANY MAKE-READY WORK NECESSARY TO ENABLE THE
11 POLE TO SUPPORT THE REQUESTED COLLOCATION SHALL INCLUDE POLE REPLACEMENT,
12 IF NECESSARY.
13 3. FOR AUTHORITY UTILITY POLES THAT DO NOT SUPPORT AERIAL CABLES
14 USED FOR VIDEO, COMMUNICATIONS OR ELECTRIC SERVICE, THE AUTHORITY SHALL
15 PROVIDE A GOOD FAITH ESTIMATE FOR ANY MAKE-READY WORK NECESSARY TO ENABLE
16 THE POLE TO SUPPORT THE REQUESTED COLLOCATION, INCLUDING POLE REPLACEMENT,
17 IF NECESSARY, WITHIN SIXTY DAYS AFTER RECEIVING A COMPLETE APPLICATION.
18 MAKE-READY WORK, INCLUDING ANY POLE REPLACEMENT TO BE PERFORMED BY THE
19 AUTHORITY, SHALL BE COMPLETED WITHIN SIXTY DAYS AFTER THE WRITTEN
20 ACCEPTANCE OF THE GOOD FAITH ESTIMATE BY THE APPLICANT.
21 4. THE AUTHORITY MAY NOT REQUIRE MORE MAKE-READY WORK THAN IS
22 REQUIRED TO MEET THE REQUIREMENTS OF APPLICABLE CODES OR INDUSTRY
23 STANDARDS. FEES FOR MAKE-READY WORK MAY NOT INCLUDE COSTS RELATED TO
24 PREEXISTING OR PRIOR DAMAGE OR NONCOMPLIANCE. FEES FOR MAKE-READY WORK,
25 INCLUDING ANY POLE REPLACEMENT, MAY NOT EXCEED ACTUAL COSTS OR THE AMOUNT
26 CHARGED TO OTHER COMMUNICATIONS SERVICE PROVIDERS FOR SIMILAR WORK AND MAY
27 NOT INCLUDE ANY CONSULTANT FEES OR EXPENSES.
28 E. AGREEMENTS BETWEEN AUTHORITIES AND WIRELESS PROVIDERS REMAIN IN
29 EFFECT, PROVIDED THAT BOTH OF THE FOLLOWING APPLY:
30 1. THE WIRELESS PROVIDER MAY ACCEPT THE RATES, FEES AND TERMS
31 PROVIDED UNDER SUBSECTION D OF THIS SECTION FOR NEW DEPLOYMENTS OF SMALL
32 WIRELESS FACILITIES.
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House Amendments to H.B. 2365
1 2. THE AGREEMENTS MAY BE TERMINATED IN ACCORDANCE WITH THE
2 AGREEMENT'S TERMS, AND, IF SO TERMINATED, THE WIRELESS PROVIDER MAY CHOOSE
3 TO ACCEPT THE RATES, FEES AND TERMS PROVIDED UNDER SUBSECTION D OF THIS
4 SECTION FOR SMALL WIRELESS FACILITIES.
5 F. AN AUTHORITY SHALL AUTHORIZE THE COLLOCATION OF SMALL WIRELESS
6 FACILITIES ON WIRELESS SUPPORT STRUCTURES AND UTILITY POLES THAT ARE OWNED
7 OR CONTROLLED BY AN AUTHORITY AND THAT ARE NOT LOCATED WITHIN A
8 RIGHT-OF-WAY TO THE SAME EXTENT THE AUTHORITY PERMITS ACCESS TO SUCH
9 STRUCTURES FOR OTHER COMMERCIAL PROJECTS OR USES. COLLOCATIONS FOR OTHER
10 COMMERCIAL PROJECTS OR USES ARE SUBJECT TO REASONABLE AND NONDISCRIMINATORY
11 RATES, FEES AND TERMS AS PROVIDED IN AN AGREEMENT BETWEEN THE AUTHORITY AND
12 THE WIRELESS PROVIDER.
13 9-596. Scope of local authority
14 A. SUBJECT TO THIS ARTICLE AND APPLICABLE FEDERAL LAW, AN AUTHORITY
15 MAY EXERCISE ZONING, LAND USE, PLANNING AND PERMITTING AUTHORITY WITHIN THE
16 AUTHORITY'S TERRITORIAL BOUNDARIES, INCLUDING FOR WIRELESS SUPPORT
17 STRUCTURES AND UTILITY POLES.
18 B. AN AUTHORITY DOES NOT HAVE ANY JURISDICTION OR AUTHORITY OVER THE
19 DESIGN, ENGINEERING, CONSTRUCTION, INSTALLATION OR OPERATION OF ANY SMALL
20 WIRELESS FACILITY LOCATED IN AN INTERIOR STRUCTURE OR ON THE SITE OF ANY
21 CAMPUS, STADIUM OR ATHLETIC FACILITY THAT IS NOT OWNED OR CONTROLLED BY THE
22 AUTHORITY, OTHER THAN TO COMPLY WITH APPLICABLE CODES.
23 C. THIS ARTICLE DOES NOT AUTHORIZE THIS STATE OR ANY POLITICAL
24 SUBDIVISION, INCLUDING AN AUTHORITY, TO REQUIRE WIRELESS FACILITY
25 DEPLOYMENT OR TO REGULATE WIRELESS SERVICES.
26 9-597. Dispute resolution
27 A. A COURT OF COMPETENT JURISDICTION SHALL DETERMINE ALL DISPUTES
28 ARISING UNDER THIS ARTICLE. COMPLAINTS SHALL BE RESOLVED NOT LATER THAN
29 ONE HUNDRED DAYS AFTER A COMPLAINT OR PETITION IS FILED.
30 B. UNLESS AGREED OTHERWISE AND PENDING RESOLUTION OF A RIGHT-OF-WAY
31 ACCESS RATE DISPUTE, THE AUTHORITY CONTROLLING ACCESS TO AND USE OF THE
32 RIGHT-OF-WAY SHALL ALLOW THE PLACEMENT OF A WIRELESS FACILITY OR WIRELESS
IKM
House Amendments to H.B. 2365
1 SUPPORT STRUCTURE AT A TEMPORARY RATE OF ONE-HALF OF THE AUTHORITY -PROPOSED
2 ANNUAL RATE OR TWENTY DOLLARS, WHICHEVER IS LESS, WITH RATES TO BE TRUED UP
3 ON FINAL RESOLUTION OF THE DISPUTE.
4 C. PENDING RESOLUTION OF A DISPUTE CONCERNING RATES FOR COLLOCATION
5 OF SMALL WIRELESS FACILITIES ON AUTHORITY UTILITY POLES, THE PERSON OWNING
6 OR CONTROLLING THE POLE SHALL ALLOW THE COLLOCATION OF SMALL WIRELESS
7 FACILITIES ON THE PERSON'S POLES AT AN ANNUAL RATE OF NOT MORE THAN TWENTY
8 DOLLARS PER YEAR PER UTILITY POLE, WITH RATES TO BE TRUED UP ON FINAL
9 RESOLUTION OF THE DISPUTE.
10 9-598. Indemnification
11 AN AUTHORITY MAY NOT REQUIRE A WIRELESS PROVIDER TO DO EITHER OF THE
12 FOLLOWING:
13 1. INDEMNIFY AND HOLD THE AUTHORITY AND THE AUTHORITY'S OFFICERS AND
14 EMPLOYEES HARMLESS AGAINST ANY CLAIMS, LAWSUITS, JUDGMENTS, COSTS, LIENS,
15 LOSSES, EXPENSES OR FEES EXCEPT WHEN A COURT OF COMPETENT JURISDICTION HAS
16 FOUND THAT THE NEGLIGENCE OF THE WIRELESS PROVIDER DURING INSTALLATION,
17 REPAIR OR MAINTENANCE CAUSED THE HARM THAT CREATED SUCH CLAIMS, LAWSUITS,
18 JUDGMENTS, COSTS, LIENS, LOSSES, EXPENSES OR FEES.
19 2. OBTAIN INSURANCE NAMING THE AUTHORITY OR THE AUTHORITY'S OFFICERS
20 AND EMPLOYEES AS AN ADDITIONAL INSURED AGAINST ANY CLAIMS, LAWSUITS,
21 JUDGMENTS, COSTS, LIENS, LOSSES, EXPENSES OR FEES."
22 Amend title to conform
2365WENINGER
02/03/2017
1:22 PM
C: LD
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JEFF WENINGER
Issue 6 - February 17, 2017
Legislative Overview
Today is the 40th day of session and the House and Senate wrapped up the first round of committee hearings for the legislative
session. This week was the last to hear bills in their chamber of origin; however, the Appropriations Committees in both chambers
have next week to hear assigned bills. The House Appropriations Committee will meet Wednesday to hear an agenda of 23 bills;
the Senate Appropriations Committee will meet Tuesday to hear nine bills.
Next week is also "crossover week," which means there will be extensive floor activity to move bills to the opposite chamber in
time for the next committee deadline. We expect floor sessions to go on for many hours as legislators work to debate and vote
on legislation. League staff will monitor these sessions and track bills of interest to cities and towns.
CALL TO ACTION
Late last week HB 2521 TPT reform; contractors was introduced by Rep. Regina Cobb R -Kingman, LD 5. This bill would eliminate
the prime contracting classification of transaction privilege taxes and replace it with a retail tax on materials.
Based on work done by the League Construction Sales Tax Task Force and our analysis of the proposed legislation, we estimated
the loss to the state general fund to be more than $160 million and the loss to cities and towns to be between $120 and $140
million. We have received information that the Joint Legislative Budget Committee has estimated the loss to the state to be $150
million and the loss to local governments at $71 million.
On Tuesday, an amendment to HB 2521 was released that made significant changes to the proposed bill. The bill and
amendment were heard in the House Ways and Means Committee on Wednesday. The following is a brief explanation of the
major provisions of the bill as amended:
• Separates out highways, street and bridge construction. These construction projects would continue to be taxed at the
state level as they are under current law. However, local governments would no longer be allowed to impose local taxes
on this activity.
• Creates a new prime contracting section and imposes a 1% excise tax on 65% of the total contract cost. This new tax
would offset the loss to the state of moving to a "materials -only" tax but would not offset losses to local governments
since none of this revenue is shared with cities, towns or counties.
• Establishes a new revenue sharing pool made up of a portion all retail sales taxes (not just those related to construction)
assessed by a city or town. For 2018 the percentage of retail taxes that are to be remitted to the pool is 4% but that
would be adjusted semi-annually based on a formula.
• These retail taxes are then redistributed among cities and towns based on the value of building permits issued by the city
or town during the preceding 36 months. The Arizona Department of Revenue would be responsible for collecting the
information on building permits and administering the revenue pool.
While the amendment did not impact our ability to assess local construction sales taxes, there was testimony in committee that
this authority would be eliminated. Additionally, in conversations with legislative staff members, it appears the new excise tax is
intended to be used to offset the loss of revenue by local governments. Rep. Cobb has consistently expressed her desire to hold
the state and local governments harmless while enacting a shift from prime contracting to a tax solely imposed on construction
materials. However, as drafted, the bill and amendment do not do this.
Unfortunately, the bill passed out of committee on a 5-3-1 vote when two Democratic members, Representatives Mark Cardenas
and Mitzi Epstein, joined three Republican members, Representatives Anthony Kern, Kevin Payne and Michelle Ugenti-Rita in
voting for the bill.
We wish to express our appreciation to Representatives Jay Lawrence, Vince Leach and Jeff Weninger in opposing this proposal
in committee.
The League is working with city and town staff to gather the information on HB 2521 and will be providing additional details
regarding the impact.
Please contact your legislators to ask them to slow down any attempt to move this bill forward until we can fully understand the
intent of the proposal and the impact of it on our local communities.
Incorporation
One bill we are tracking is waiting for final action. HB 2088 incorporation; urbanized areas, sponsored by Rep. Eddie Farnsworth
R -Gilbert, LD 12, was voted on by the Senate and transmitted back to the House pending a procedural action by the speaker
before it will be transmitted to the governor. It allows citizens within an area larger than a surrounding city to have a vote on
incorporation despite the statutory three- and six -mile rule requiring approval from neighboring cities. Once the bill reaches the
governor's desk, he will have five days to sign or veto the bill. League staff will send an update on the action taken by the
governor.
PSPRS Update
On Thursday, the House Government Committee unanimously approved HB 2845 EORP; PSPRS; CORP; modifications, sponsored
by Rep. Drew John, R -Safford, LD 14. The bill includes a number of technical corrections required as a result of last year's SB
1428 and also includes language extending the amortization period for Tier I and II unfunded liability from 20 to 30 years. It
also includes a League Resolution that requires a retired PSPRS member that becomes reemployed by the employer from which
they retired to continue to receive pension payments during the period of reemployment if the member accepts a job
reassignment due to a disability in accordance with the Americans with Disabilities Act.
Meanwhile, language is being developed to implement the PSPRS Board recommendations relating to pooling and other details
to implement the new Tier III. The League has offered language describing "controllable costs" that will be outside the 50-50
cost sharing formula of Tier III. We expect that bill to be finalized early next week.
Small Cell
Negotiations are continuing with the wireless industry on HB 2365 wireless facilities; collocation; rights of way sponsored by Rep.
Jeff Weninger R -Chandler, LD 17. League staff participated in stakeholder meetings with the sponsor, the wireless industry,
county governments and public service utilities to discuss concerns and offer suggested changes to the bill.
This week League staff met with attorneys to work on drafting language to offer as a floor amendment to the bill that will
address the concerns regarding oversight and placement of equipment in rights-of-way, application processes, maintaining
existing terms of master license agreements and insurance and indemnification, among others.
Rep. Weninger has indicated House leadership is requesting HB 2365 be processed and transmitted to the Senate by next
Thursday. Given this deadline, it is unlikely we will have all of our concerns addressed in the House and would therefore have to
seek further amendments to the bill in the Senate.
Bonding Legislation
The House Ways and Means Committee on Wednesday heard HB 2452 bonding; amortized premium; segregated fund, sponsored
by Rep. Jill Norgaard R -Phoenix, LD 18. The bill makes clarifying changes to the general obligation bonds statutes for cities and
towns and other political subdivisions.
Last year, legislation was enacted to improve many provisions related to municipal bonding. These changes were intended to
make the bond issuance process more workable and efficient, ultimately providing cost savings to local governments and their
taxpayers when municipal bonds were issued.
After the passage of last year's legislation, it became apparent that a few statutory fixes and clarifications were needed. Rep.
Norgaard agreed to draft legislation to make these changes that will make it clear that the secondary property tax levy for general
obligation bonds that voters approve may only be used for paying principal and interest on the bonds and not for any other
purpose. The second change clarifies how bond premium is amortized for purposes of the constitutional and statutory debt
limitations.
Bond rating agencies, such as Moody's, Standard & Poor's and Fitch ratings services, have indicated that our local governments
may realize an upgrade in their bond ratings as a result of these clarifications.
Police Staffing
HB 2340 municipalities; peace officer staffing requirement, sponsored by Rep. ]ay Lawrence, R -Scottsdale, LD 23, was heard in
the House Local and International Affairs Committee on Wednesday. The chairman had agreed to hold the bill but requested to
hear testimony. The League testified to highlight the many problems with the bill's approach to public safety, which would
require municipalities with a population over 500,000 (i.e. Phoenix and Tucson) to provide at least 2.5 peace officers for every
1,000 residents. Some of the problematic issues are: the lack of evidence that officer staffing ratios have any impact on public
safety; the usurpation of local control over an area that requires extensive flexibility in order to meet the highly variable needs of
each community and which is entirely funded by local government; the projected cost of the unfunded mandate; and the
inherently counterproductive result of mandating the expenditure of nonexistent additional local funds under the threat of losing
existing local funds, which would further exacerbate the lack of funds available to recruit, train, and retain officers. The bill was
held and will not be moving forward as the deadline for hearing bills in their chamber of origin has expired. However there are
still opportunities for the bill to come back in another form, this session or next.
Firefighter Presumptions
The League's Executive Committee met last Friday and discussed the two current legislative proposals to expand the list of health
conditions that are presumed to result from working in the fire service. The committee directed the League to oppose HB 2410
workers' compensation; firefighters; heart -related cases, which would expand presumptions to include all forms of heart,
perivascular and pulmonary disease. The committee further directed staff to continue gathering information on HB 2161 workers'
compensation; occupational diseases; cancer (which establishes a presumption for 12 additional cancers) in order ensure that
sufficient information is available to assess whether the final proposal protects the Worker's Compensation system, the local
taxpayer, and our public safety employees' health.
Legislative Bill Monitoring
All bills being actively monitored by the League can be found here.
Legislative Bulletin is published by the League of Arizona Cities and Towns.
Forward your comments or suggestions to league@azleague.org.
Issue 7 - February 24, 2017
Legislative Overview
Today is the 47th day of the legislative session. This week the Legislature concluded "crossover week" following many hours of
floor activity to transfer bills to the other chamber for the next round of committee hearings. Both chambers considered a
number of bills affecting cities and towns. League staff provided "Action Alerts" to legislators to ensure they had accurate
information when voting on and debating legislation impacting local government.
Standing committees in both chambers will reconvene next week to begin considering bills from the opposite chamber. Both
chambers will have four weeks to hear bills and will conclude these hearings on March 24.
Small Cell
On Thursday the House unanimously passed HB 2365 wireless providers; use of rights-of-way, sponsored by Rep. Jeff Weninger
R -Chandler, LD 17. The bill will proceed to the Senate where it will be introduced and assigned to a standing committee for
further consideration. The League remains neutral on the bill while the stakeholder process is ongoing and we expect the bill to
be further amended.
The League has shared numerous drafting and content issues with the industry. Some of our concerns have been addressed,
however, several issues remain. The House this week adopted a floor amendment that made some changes we requested to the
bill, including: requiring the construction and installation of small cells and related equipment to begin within 180 days after a
permit is granted and be pursued to completion; removing sections of the bill relating to insurance and indemnification; and
inserting language prohibiting small cell equipment installed from obstructing, endangering or hindering travel within city and
town rights-of-way.
The current language of the bill can apply to macro cells and deployment of other larger facilities, which is an area of concern.
The bill allows for equipment boxes up to 28 cubic feet on poles and up to 50 cubic feet on the ground and the installation of
new poles at a minimum of 40' tall without zoning review or approval. The size limitations specified in the bill do not apply to
certain small cell related equipment, such as electric meters, concealment elements, telecom demarcation boxes, grounding
equipment, power transfer switches, cutoff switches, or cables. The bill provides no limitation on the number of ground or pole
mounted enclosures, which raises concerns over accessibility of sidewalks and the potential to impair motorists' line of sight at
street intersections.
The League has offered to the industry several options for revisions to the bill, including adjustments to definitions, the
applicability sections and the statutory requirements and prohibitions being imposed on local governments.
PSPRS Update
A bill that implements some of the elements of the new Tier III passed out of the Senate Appropriations Committee on Tuesday
with no opposition. SB 1063 S/E: PSPRS; risk pool, sponsored by Senator Debbie Lesko R -Peoria, LD 21, was the result of
negotiations between the League, the Reason Foundation and public safety labor groups.
It retains the underlying existing multiple employer plan structure of PSPRS. It creates a pool for death and disability claims that
is spread across all plans, it establishes that those plans that have 251 or more active members are separately rated (a total of 18
plans) while all other with 250 or fewer active members are pooled together. Contribution rates for the normal costs and
unfunded liability costs of the new Tier III, starting July 1, 2017, will be shared 50-50 between employees and employers. A plan
that creates a program that deviates more than 20% from the actuarial average of the plans in a 24 -month period, will be subject
to an assessment to cover the costs of that program to the overall group. This structure should provide for uniform rates across
all the pooled plans, making it seamless for personnel to move between employers. It also assumes rates will be adjusted to
maintain 100% funding for the new Tier. The League was still analyzing the details of the language when the bill came up in
committee and took an official position of neutral at that time.
Photo Radar
The House Appropriations Committee on Wednesday heard HB 2525 prohibition; photo radar, sponsored by Rep. Grantham R -
Gilbert, LD 12. The bill prohibits the use of photo radar technology by any municipality in the state. The League signed in
opposed to the measure because it would remove a law enforcement tool that provides many public safety benefits, including
reducing speeding, the number of accidents on our streets and fatalities. Photo radar is also a force multiplier for police
departments, allowing for the consistent, objective enforcement of traffic laws without preoccupying an officer who could
otherwise be providing non -traffic related police services to reduce property and violent crime.
The bill passed the House on Thursday night with a vote of 32-28 and will now proceed to the Senate where it awaits
assignment to a standing committee.
ASRS
HB 2010 ASRS; political subdivision entities is sponsored by Representative Michelle Ugenti-Rita R -Scottsdale, LD 23.
Representative Ugenti-Rita originally introduced this bill in the 2013 legislative session and has done so several times since then.
Some of Arizona's councils of governments have been members of the Arizona State Retirement System (ASRS) since the 1970s.
However, a 2003 attorney general's opinion stated these organizations were not true political subdivisions and called into
question their ability to participate in the system.
Legislation was passed in 2004 to clarify that establishments such as the League could, in fact, be members of the ASRS. That
legislature recognized that these associations, councils of governments and other like organizations are created by public bodies
to conduct governmental functions so they should be able to participate in programs created for other government employees.
The vast majority of the League employees, past and present, have come from the Legislature or local government. Many of our
former employees now work for cities and towns. Membership in the retirement system has been an important tool for attracting
talented and experienced staff. The bill is awaiting final action on the House floor.
Local Mandates and Preemptions
Each legislative session numerous preemptions and unfunded mandates are introduced. The following are three that are currently
moving through the process:
HB 2179 municipalities; counties; intergovernmental agreements; requirements
This bill is sponsored by Representative Michelle Ugenti-Rita R -Scottsdale, LD 23. It requires municipalities to review all existing
intergovernmental agreements and hold a public hearing to reaffirm them. It also limits all intergovernmental agreements to a
maximum term of eight years.
We oppose this bill. We have not heard any concerns raised by the residents of cities and towns regarding our intergovernmental
agreements. Further, it is the responsibility of our local elected officials to determine what is in the best interest of our
communities regarding the duration of these agreements. The cost of reviewing these agreements is a waste of city resources and
an unnecessary cost to taxpayers. The bill was scheduled for debate in the House on Wednesday, however, the sponsor held the
bill from consideration.
HB 2212 federal financial assistance; reports
This bill is sponsored by Representative Vince Leach R -Tucson, LD 11. It would require all state agencies and political
subdivisions to prepare an annual report detailing all of the federal funds they receive and to submit that information to the
Arizona Department of Administration (ADOA). Additionally, each agency or political subdivision would be required to have a plan
in the event these funds are reduced. This information would be summarized by ADOA in a report that would be shared with the
chairs of the House and Senate Appropriations Committees. These committees could use this information to reduce, eliminate or
otherwise adjust future appropriations of state monies.
Cities and towns receive most of their share of revenues based on revenue formulas rather than direct appropriation. Local
elected officials are in the best position to determine whether to seek federal funding and how to manage their own budgets.
This bill unnecessarily intrudes into local decision making and is burdensome in its reporting requirements. The bill passed the
House on Wednesday 31-28 and proceeded to the Senate.
HB 2495 consolidated election dates; tax authorization
This bill is sponsored by Representative Kevin Payne R -Peoria, LD 21. It would require any approval or authorization of a TPT
assessment by a county, city or town to be held at a public election during the fall cycle of even numbered years. We testified
that there may be circumstances when a city or town could not wait two years to go to their electorate on a tax question and
that decisions about the timing of elections are best made at the local level.
The bill was amended to add a delayed effective date of January 1, 2018 and passed the House with a vote of 31-27. The bill
proceeds to the Senate pending assignment to a committee.
All three of these bills represent unnecessary state intrusion in local authority.
Incorporation
The governor on Tuesday signed the first bill into law, HB 2088 incorporation; urbanized areas, sponsored by Rep. Eddie
Farnsworth R -Gilbert, LD 12. It allows citizens within area proposed city with a population larger than a nearby city to have a
vote on incorporation despite the statutory three- and six -mile rule requiring approval from neighboring cities. The bill will
become effective 90 days after the conclusion of the legislative session.
Legislative Bill Monitoring
All bills being actively monitored by the League can be found here.
Legis/alive Buiiebin is published by the League of Arizona Cities and Towns.
Forward your comments or suggestions to league@azleague.org.