Press Alt + R to read the document text or Alt + P to download or print.

No preview available

The URL can be used to link to this page

Home My WebLink About171017PAIN�l ° n NOTICE OF THE MW mw. REGULAR SESSION OF THE 9y`4at�� ti°°e is FOUNTAIN HILLS TOWN COUNCIL Mayor Linda M. Kavanagh Councilmember Dennis Brown Councilmember Nick DePorter Councilmember Henry Leger TIME 5:30 P.M. WHEN: TUESDAY, OCTOBER 17, 2017 WHERE: FOUNTAIN HILLS COUNCIL CHAMBERS Vice Mayor Alan Magazine Councilmember Art Tolis Councilmember Cecil A. Yates 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. z:Acouncil packets\2017\rl71017\171017a.docx Last Printed: 10/10/2017 10:38 AM Page 1 of 4 REGULAR SESSION AGENDA CALL TO ORDER AND PLEDGE OF ALLEGIANCE — Mayor Linda M. Kavanagh INVOCATION — Pastor Rod Warembourg, Desert Creek Fellowship Church ROLL CALL — Mayor Linda M. Kavanagh MAYOR'S REPORT i) None. SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS i) Mayor Kavanagh and/or Council may review RECENT EVENTS attended relating to Economic Development. ii) SEMI-ANNUAL UPDATE by Maricopa County Sheriff's Office Captain Hank Brandimarte. Call To The Public Pursuant to A.R.S. §38-431.01(H), public comment is permitted (not required) on matters not listed on the agenda. Any such comment (i) must be within the jurisdiction of the Council and (ii) is subject to reasonable time, place, and manner restrictions. The Council will not discuss or take legal action on matters raised during "Call to the Public" unless the matters are properly noticed for discussion and legal action. At the conclusion of the call to the public, individual Councilmembers may (i) respond to criticism, (ii) ask staff to review a matter or (iii) ask that the matter be placed on a future Council agenda. Consent Agenda 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. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION for the Fountain Hills Theater (Suzu Henderson), for a fundraiser to be held at the Fountain Hills Theater, located at 11445 N. Saguaro Boulevard, Fountain Hills, AZ, from 5:00 PM to 10:00 PM on Thursday, November 2, 2017. 2. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION for the Women in Partnership (Debra Biloskirka), to be held in conjunction with the annual Fountain Hills Art Festival, scheduled for November 10 - 12, 2017, from 10:00 AM to 7:00 PM. Liquor sales will be restricted to N. Verde River Drive within the festival layout. 3. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION for the Veterans of Foreign Wars Post (VFW) 7507 (Boris Biloskirka), to be held in conjunction with the annual Fountain Hills Art Festival, scheduled for November 10 - 12, 2017, from 10:00 AM to 7:00 PM. Liquor sales will be restricted to Saguaro Boulevard within the festival layout. z:\council packets\2017\r171017\171017a.docx Last Printed: 10/10/2017 10:38 AM Page 2 of 4 4. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION for the American Legion Post 58 (Randolph Shaw), to be held in conjunction with the annual Fountain Hills Art Festival, scheduled for November 10 - 12, 2017, from 10:00 AM to 7:00 PM. Liquor sales will be restricted to 16837 East Parkview Avenue, Fountain Hills, Arizona. 5. CONSIDERATION of approving the FIRST AMENDMENT to Professional Services Agreement C2017-086 with AECOM Technical Services, Inc., in the amount of $49,799.00, for bus shelter final design services. 6. CONSIDERATION of RESOLUTION 2017-40, approving an intergovernmental agreement with the Salt River Pima Indian Community, relating to Proposition 202 funding. 7. CONSIDERATION of approving LINKING AUTHORIZATION (#C2018-53) with the City of Tucson to allow the Town to utilize Tucson's procurement card program. 8. CONSIDERATION of approving ORDINANCE 17-12, relating to scrivener's errors contained in the Canyon -side Lots Ordinance 17-08, which was approved by the Town Council on September 5, 2017. Case #Z2017-06 Regular Agenda 9. DISCUSSION WITH POSSIBLE DIRECTION TO STAFF regarding the open vs. closed status of the TECHNOLOGY DRIVE GATE. 10. CONSIDERATION of RESOLUTION 2017-25, abandoning whatever right, title, or interest the Town has in the certain General Public and Pedestrian Access Easements located in Tracts Al and A2 (the private roadway tracts) of the Diamante del Lago plat, as recorded in Book 516, Page 17, records of Maricopa County, Arizona, with stipulations. (EA 2017-03) 11. CONSIDERATION of COOPERATIVE PURCHASE AGREEMENT (C2017-050), with Rosenbauer South Dakota, LLC, for the ACQUISITION of a new 2017 Rosenbauer 101' Ladder Truck, in an amount not to exceed $975,000, to cover the cost of the truck plus the tax. 12. CONSIDERATION of DONATING the Town of Fountain Hills' 1998 American LaFrance ladder truck to the Port Aransas Fire Department to replace their ladder truck damaged in Hurricane Harvey. 13. 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. 14. SUMMARY OF COUNCIL REQUESTS and REPORT ON RECENT ACTIVITIES by the Mayor, Individual Councilmembers, and the Town Manager. z:\council packets\2017\r171017\171017a.docx Last Printed: 10/10/2017 10:38 AM Page 3 of 4 15. ADJOURNMENT. DATED this 10th day of October, 2017. Bevelyn J. Bender, Town Clerk The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 480-816-5100 (voice) or 1-800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to participate in this meeting or to obtain agenda information in large print format. Supporting documentation and staff reports furnished the Council with this agenda are available for review in the Clerk's office. z:\council packets\2017\rl71017\171017a.docx Last Printed: 10/10/2017 10:38 AM Page 4 of 4 AIN�l ° n NOTICE OF THE MW mw. REGULAR SESSION OF THE 9y`4at�� ti°°e is FOUNTAIN HILLS TOWN COUNCIL Mayor Linda M. Kavanagh Councilmember Dennis Brown Councilmember Nick DePorter Councilmember Henry Leger TIME 5:30 P.M. WHEN: TUESDAY, OCTOBER 17, 2017 WHERE: FOUNTAIN HILLS COUNCIL CHAMBERS Vice Mayor Alan Magazine Councilmember Art Tolis Councilmember Cecil A. Yates 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. z:Acouncil packets\2017\rl71017\171017a.docx Last Printed: 10/10/2017 10:38 AM Page 1 of 4 REGULAR SESSION AGENDA CALL TO ORDER AND PLEDGE OF ALLEGIANCE — Mayor Linda M. Kavanagh INVOCATION — Pastor Rod Warembourg, Desert Creek Fellowship Church ROLL CALL — Mayor Linda M. Kavanagh MAYOR'S REPORT i) None. SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS i) Mayor Kavanagh and/or Council may review RECENT EVENTS attended relating to Economic Development. ii) SEMI-ANNUAL UPDATE by Maricopa County Sheriff's Office Captain Hank Brandimarte. Call To The Public Pursuant to A.R.S. §38-431.01(H), public comment is permitted (not required) on matters not listed on the agenda. Any such comment (i) must be within the jurisdiction of the Council and (ii) is subject to reasonable time, place, and manner restrictions. The Council will not discuss or take legal action on matters raised during "Call to the Public" unless the matters are properly noticed for discussion and legal action. At the conclusion of the call to the public, individual Councilmembers may (i) respond to criticism, (ii) ask staff to review a matter or (iii) ask that the matter be placed on a future Council agenda. Consent Agenda 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. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION for the Fountain Hills Theater (Suzu Henderson), for a fundraiser to be held at the Fountain Hills Theater, located at 11445 N. Saguaro Boulevard, Fountain Hills, AZ, from 5:00 PM to 10:00 PM on Thursday, November 2, 2017. 2. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION for the Women in Partnership (Debra Biloskirka), to be held in conjunction with the annual Fountain Hills Art Festival, scheduled for November 10 - 12, 2017, from 10:00 AM to 7:00 PM. Liquor sales will be restricted to N. Verde River Drive within the festival layout. 3. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION for the Veterans of Foreign Wars Post (VFW) 7507 (Boris Biloskirka), to be held in conjunction with the annual Fountain Hills Art Festival, scheduled for November 10 - 12, 2017, from 10:00 AM to 7:00 PM. Liquor sales will be restricted to Saguaro Boulevard within the festival layout. z:\council packets\2017\r171017\171017a.docx Last Printed: 10/10/2017 10:38 AM Page 2 of 4 4. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION for the American Legion Post 58 (Randolph Shaw), to be held in conjunction with the annual Fountain Hills Art Festival, scheduled for November 10 - 12, 2017, from 10:00 AM to 7:00 PM. Liquor sales will be restricted to 16837 East Parkview Avenue, Fountain Hills, Arizona. 5. CONSIDERATION of approving the FIRST AMENDMENT to Professional Services Agreement C2017-086 with AECOM Technical Services, Inc., in the amount of $49,799.00, for bus shelter final design services. 6. CONSIDERATION of RESOLUTION 2017-40, approving an intergovernmental agreement with the Salt River Pima Indian Community, relating to Proposition 202 funding. 7. CONSIDERATION of approving LINKING AUTHORIZATION (#C2018-53) with the City of Tucson to allow the Town to utilize Tucson's procurement card program. 8. CONSIDERATION of approving ORDINANCE 17-12, relating to scrivener's errors contained in the Canyon -side Lots Ordinance 17-08, which was approved by the Town Council on September 5, 2017. Case #Z2017-06 Regular Agenda 9. DISCUSSION WITH POSSIBLE DIRECTION TO STAFF regarding the open vs. closed status of the TECHNOLOGY DRIVE GATE. 10. CONSIDERATION of RESOLUTION 2017-25, abandoning whatever right, title, or interest the Town has in the certain General Public and Pedestrian Access Easements located in Tracts Al and A2 (the private roadway tracts) of the Diamante del Lago plat, as recorded in Book 516, Page 17, records of Maricopa County, Arizona, with stipulations. (EA 2017-03) 11. CONSIDERATION of COOPERATIVE PURCHASE AGREEMENT (C2017-050), with Rosenbauer South Dakota, LLC, for the ACQUISITION of a new 2017 Rosenbauer 101' Ladder Truck, in an amount not to exceed $975,000, to cover the cost of the truck plus the tax. 12. CONSIDERATION of DONATING the Town of Fountain Hills' 1998 American LaFrance ladder truck to the Port Aransas Fire Department to replace their ladder truck damaged in Hurricane Harvey. 13. 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. 14. SUMMARY OF COUNCIL REQUESTS and REPORT ON RECENT ACTIVITIES by the Mayor, Individual Councilmembers, and the Town Manager. z:\council packets\2017\r171017\171017a.docx Last Printed: 10/10/2017 10:38 AM Page 3 of 4 15. ADJOURNMENT. DATED this 10th day of October, 2017. Bevelyn J. Bender, Town Clerk The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 480-816-5100 (voice) or 1-800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to participate in this meeting or to obtain agenda information in large print format. Supporting documentation and staff reports furnished the Council with this agenda are available for review in the Clerk's office. z:\council packets\2017\rl71017\171017a.docx Last Printed: 10/10/2017 10:38 AM Page 4 of 4 y'fj r'11i !*y1 OF yam! � « • r4Maricopa County Sheriffs Office Town of Fountain Hills Report Presented by: Captain Henry Brandimarte Date: October 17, 2017 41z. Y` • 1 Captain • 1 Lieutenant Current Staffing Levels • 1 Community Outreach Deputy • 1 School Resource Deputy • 1 Administrative Assistant • 7 Patrol Sergeants • 20 Patrol Deputies • 1 Detective Sergeant • 3 District Detectives oneMC, ,-(w Additional Resources • Homicide • Child Crimes • Special Victims Unit • Arson • Forensics Unit • Communications/Dispatch • K9/SWAT/ Aviation • Search and Rescue • Posse • Text -a -Ti p 1 .f Key ff h nSta C a es 7 3 x IW mw 11,01, School Resource Officer -Deputy Michael Brooks Detective Sergeant -Sgt. Kristin Banks District 7 Lieutenant -Lt. Rich Johnson oneMC Ile; � mm niInvolvement �Co u tv '`'�h#�°4 • National Drug Take Back (Oct. 28) • Fountain Hills Coalition • Coffee with a Cop • Froyo, Cops and Kids • Back to School Bash • Fourth at the Fountain • Senior Action Days • Summer Reading Programs • Speaking Engagements (upon request) one1VC*,, l Citizen Initiated Calls for Service Percent Change from 2014-2016:+6% 0 :1 Total Calls for Service: 2014-2017* 5700 5600 5500 5400 5300 5200 5100 5000 4900 2014 5439 2015 547'0 o 3% 2016 5659 2017 Citizen Initiated Calls for Service FALSE BURGLAR ALARM 786 695 723 660 WELFARE CHECK 549 605 604 489 AUDIBLE BURGLAR ALARM 364 293 235 181 VEHICLE CRASH NO INJURY 187 211 203 157 SUSPICIOUS ACTIVITY 182 211 199 148 SUSPICIOUS PERSON 157 155 179 133 ATTEMPT TO LOCATE 166 162 147 118 TRAFFIC HAZARD 124 150 163 131 ANIMAL NOISE PROBLEM 143 147 131 135 CIVIL ACTION 174 142 142 96 .fizCallsforCit en Initiate 'her �, •'•,tea S e ry i c e VEHICLE CRASH NO INJURY 133 143 125 107 TRAFFIC VIOLATION 77 116 106 41 FOUND PROPERTY 74 88 87 66 CRIMINAL DAMAGE 54 95 69 89 THEFT 74 82 73 78 FRAUD OR CON GAME 32 34 40 47 ASSAULT 26 38 30 49 BURGLARY FROM VEHICLE 41 24 35 31 DEAD BODY 24 33 45 28 IDENTITY THEFT 21 35 31 43 oneMCa Citizen Initiated Calls for Service Percent Change from 2014-2016: 0% on+M''C_ .. Total Reports: 2014-2017* 1250 1200 1150 1100 1050 1000 2014 1247 2015 2016 1157 2017 Policing Activity Outcomes ARRESTS 0 29 60 7 CITATIONS 531 885 1304 894 WARNINGS 696 727 875 645 CRASH REPORTS 162 174 14,E 137 0I1eMC &.- Uniform Crime Report Year 16 PopulationI8 Burglary 113 • 13 2014 23,153 37 201512017 23,817 37 24,482I• 35 30 Theft 54 158 141 144 155 Auto Theft 2 9 16 15 3 Arson 1 1 0 0 2 Property Crime Total Per 1000 Persons 70 3.1 205 8.9 194 8.1 194 7.9 190 7.6 Homicide 0 0 i .Sexual Assault 2 :.'j Robbery 0 5 10 4 � -12 _. Aggravated Assault Violent Crime Total Per 3000 Persons 7 0.3 19 0.8 18 0.8 20 0.8 14 0.6 *2017 Data is current as of September 301, 2017. **Before determining the final UCR classification, investigation and analysis are required to determine factual outcomes for each event. Therefore, the information presented in this report is an estimate only and should be used cautiously when referenced. Major Case Updates IVAIN TOWN OF FOUNTAIN HILLS C, TOWN COUNCIL O � \Z� : AGENDA ACTION FORM �� Kofi Meeting Date: 10117/2017 Meeting Type: Regular Session Agenda Type: Consent Submitting Department: Community Services Staff Contact Information: Corey Povar, Recreation Manager, 480-816-5170 REQUEST TO COUNCIL (Agenda Language): CONSIDERATION OF of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION for the Fountain Hills Theater (Suzu Henderson) for the promotion of a donor celebration to be held at the Fountain Hills Theater, located at 11445 N. Saguaro Boulevard, Fountain Hills, AZ from 5:00pm to 10:00pm on Thursday, November 2, 2017. Applicant: Suzu Henderson Applicant Contact Information: 610-757-9825 Owner: Owner Contact Information: Property Location: 16837 E. Parkview Ave. Fountian Hills, Arizona Related Ordinance, Policy or Guiding Principle: A.R.S. §4-203.02; 4-244; 4-261 and R19-1-228, 819-1- 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 Suzu Henderson representing the Fountain Hills Theater, 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): NIA Fiscal Impact (initial and ongoing costs; budget status): NIA Budget Reference (page number): N/A Funding Source: NA If Multiple Funds utilized, list here: Budgeted; if No, attach Budget Adjustment Form: NA Recommendation(s) by Board(s) or Commission(s): N/A Staff Recommendation(s): Approve List Attachment(s): Applicaitons SUGGESTED MOTION (far council use): Move to approve the Special Event Liquor License as presented. Page 1 of 2 Director's Approval Rachael Gootlwj¢, Community Services Director 7- Ap rovetl: U /� r 1 Grady L, Miller, To Manager 10/3/2017 Page 2 of 2 TOWN OF FOUNTAIN HILLS ADMINISTRATION DEPARTMENT INTER OFFICE MEMO TO: (as applicable) DATE: 9/25/17 • Streets Division aq-x6_/i • Fire Department Building Safety • Building Division • Community Services X • Development Services Corey Povar • Law Enforcement • Licensing Development Services FR: Corey Povar, RE: Liquor License Application Recreation Manager 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: FountainHillsTheater- Applicant: Suzu Henderson Date(s) of Event: November 2, 2017 at the Fountain Hills Theater, Donor Celebration for the FH Theater Date Application Received: 9/27/17 Town Council Agenda Date: 10/17/2017 STAFF REVIEW AND Department/Division Staff Member Approved Denied N/A Building Safety Peter Johnson X Community Services Corey Povar X Development Services Marissa Moore x Fire Department Jason Payne X 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 LicL es and Control 800 W Washington 5th Floor Phoenix, AZ 85007-2934 www.azliquor.gov (602) 542-5141 APPLICATION FOR SPECIAL EVENT LICENSE Fee= S 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 if the event will be on any portion of a location that is not covered by the existing liquor license, this application must be approved by the local government before submission to the Department of Liquor Licenses and Control (see Section 12t- 1 1 SECTION 1 Name of Organization: N a m e of Lic e rise d C antra ctor only (if a ny): SECTION 2 Non-Profit/IRS Tax Exe m pt N u m b er: SECTION 3 Event Location: f' Event Address: - -Z-,( --1C7`(S/ l f.r SECTION 4 Applicant must be a member of the qualifying organization and authorized by an Officer, Director, or Chairperson of the rg anization. 1. Applicant; 2-,-, :I_— Last First Middle Date of Birth 2. Applicant's mailing address: -n Sr toz- PSS ct _ Gity state Zig 3, Applicant's home/cell phone �- Applicant's business phone: 4. Applicant's email address:%L-��'�� zC I, (Print FullName) 2.� � d�`.declare thatI am the APPLICANT filing this application as listed above, I rave read the application and the contents and all stater encs are true, correct and complete. Z�l 1 7,2-11 u",- 41- cf / Signa ure Title/ Position Daie Phone Number `_�--- - L-110 The foregoing instrument was acknowledged before me this DayMonth Year State County of My Commission Expires on: 201 nis>1 ,JENNIFER LYONS $ignatu Notary Public ... ", Notary Public SBa4e of ArizOrla Arty Commission Expires April 00, 2019 9/12/2917 Page 1 of 5 In divid u als re q uirin g ADA accommodations call (692)542-2999 SECTION 5 Regarding the A p plic ant's a p plic atlon for asp a tial event permit, l here by c ertffy that the Organization in eats the criteria in A.R.S. § 4-203.02(E) forth a Issuance of the permit as Indic ate I! by checking one of the boxes below. (1) ❑ The Applicantls a political party or a campaign committee supporting a candidate for public office. Please Indicate the name of the candidate thatthe Applicant supports, the office thatthe candidate seeks, and the month and yearthatthe applicant would firstfillthe office ffsuccessfui. Candidate: ,_,(/ Name Office Month/Year M (2) The Applicant Is a non-profit entity org anlzed In Arizona, or pursuant to the laws of another state that Is eligible for designation as a nonprofit entity under Section 501(C) of the internal revenue code of the United States. If the Applicant is applying and er option (2) as a nonprofit entity, please also INITIAL in the space provided next The A pile ant has received a determin atlon latter from the Internal Revenue Service ("IRS") indicating that It is eligible for designation as a nonprofit entity under Section 501(C), eligibility or will be eligible on all days that the special event will occur, or has a pending application with the IRSfor such treatment that has not been resolved but that will retro actively cover all days that the special event will occur. (Please provide a copy of eith or the IRS d etermin often letter or the applic atlon [without attac hm entsl with this a plic anon). The Appile ant is not aware of any action by the IRS to revoke, susp end, or otherwise all min ate the Applicant's eligibility under 501(C), or It there Is a pending application, the Applicant has not received any indication that the IRS will deny Its application and has a good faith. basisformed upon a reasonable Inquiry Into IRSregulations, �guld elines, and forms that It is eligible under 501(C). =The Applicant understands that If there Is a change in circumstances after completing thisform that may cause or has caused It to lose Its ellgI Lilily under 501(C), whether before or after to c eiving an IRS determination letter, that it has an affirm ative duty tonotify the Department of Liquor, which may then take a ppro priate action with regard to the loss of eligibility. To be completed only by an Officer, Director, or Chairperson of the organization 1,(Pdia null Name' ,2- T� "'T, declare thatl am an Officer, Director, or Chairperson of the organization filing this application as listed above. I have read the application and the contents and all statements are iru o ctandcomplete. i Guca 2 V� �G�� l 2z I� �90 83�90(0l xlo siena rlee/PoNdon Dae Phone Number The foregoing Instrument was acknowledged before me this � `�Yci.�ll.l 2 -GI—) (� Day MOMh Year State IHkA2ly�Cc. County of i1'kLInCr7� EMj . 1ryW ONIF.0 Will this event be held on -a currently licensed premise and within the already a p proved premises?❑Yes❑No (If yes, Local O overning Body Signatureototrequked) r - Name ofthmnew pcense Number Phone (include Area Code) 9/12/2017 Page 2 of 5 Individuals requiring ADA accommodations call (602)542-2999 SECTION7 How lsthisspecial event going to conduct all dispensing,serving, and selling of spidtuousliquors? Please read R-19- 318 for explanation and check one of the following boxes. ❑Place license in non-use ❑D' ense and serve allspldtuousliquors underretaller's license Dispense and serve allspHtuousliquom underspecial event ❑Split premise between special event and retail location ([FUSING RETAIL LICENSE, PLEASE SURM/T A LETTER OFAGREEMENT FROM THE AGENT/OWNER OFOLELLCENSED PREMISES TO SUSPEND OR RUN CONCURRENT WITHTHEPERMANENTLICENSE DURING THE EVENT. IFTHESPECIAL EVENT IS ONLYUSING A PORTION OFTHE PREMISES, AGENWOWNERWILL NEED TO SUSPEND THATPORTION OFTHEPREM/SES) aSEatON Whilta purpose of this event? -she consumption ❑Off-site(auction/wine/distilled spirits pull) []Both SECTION 1.r_yHeaths a0 cant been convicted of a felony, or had a liquorlicense revoked within the lastfive (5)years? 1_ e3 0 (ayes, attach explanation.) 2. How manyspecial event days have been Issued to this organization during the calendaryear? (The number cannot exceed 10 days per year.) 3. Is the organization using the services of a promoter or other person to manage the sale or service of alcohol? Ekes QV -0 (If yes, must be a licensed contractor or licensee of sonless, 7, 11, or 12) 4. List all people and organizations who will receive the proceeds. Account for 100% of the proceeds. The organization applying m}Ist receive 25% of the Name Address. Name Address Sheet special event liquorsales. Attach an additional page if necessary. Percentage: /0O;T Cay Percentage: State Zip Please read A.R.S. § 4.203.02 Special event license; rules and R19.1.205 Requirements for a Special Event License. Note: ALL ALCOHOLIC BEVERAGE SALES MUSTBE FOR CONSUMPTION ATTHE EVENTSITE ONLY. S. Whattype of security and control measures will you take to prevent violations of liquor laws atthis event? (Dst type and number of police/security personnel and type offs owing or control barriers, q appllcable.) Number of Police Number of Security Personnel fencing Viers Explanation: / T "I il' IN _ 9/12/2017 Page 3 cis Individuals req uking AOA accommodations call (602)542-2999 SECTION 10 Dates and Hours of Event. Days must be consecutive but may not exceed 10 consecutive days. See A.P.S. §4-244(15) and (17) for legal hours of service. PLEASEFILL OUT A SEPARATEAPPLICATION FOR EACH "NON-CONSECUTIVE" DAY Date Day of Week Event Start License End Time AMk�R) Time AM/111 DAY 1: h4 DAY 2: DAY3: DAY 4: DAY 5: DAY 6: DAY 7: DAY 8: DAY 9: DAY10: 11....E -i51-3 x�-:OO /D " SECTION 11 License premises diagram. The licensed premises for your special event Is the area In which you are authorized to sell, dispense orserve alcoholic beverages underthe provisions of your license. Please attach a diagram of your special event licensed premises. Please show dimensions, serving areas, fencing, barricades, or other control measures and security position. ATTACH DIAGRAM 9/12/2017 Page 4 05 IndividualsrequiOng ADA accommodatlonscall(602)542-2999 SECTION 12 License premises diagram. The licensed premises for your special event is the area in which you are authorized to sell, dispense or serve alcoholic beverages under the provisions of your license. The following space is to be used to `prepare a diagram of your special event licensed premises. Please show dimensions, serving areas, fencing, barricades, or ether control measures and security position. NT • 3/1/2016 Page 3 014 Ind ividua is requiring ADA accommodations call (602)542-9027. Please cicntaicit the local govcrf,usl bcaird lbr additierail applicaidtf, reiquirements and sutlmissioc deadlines. Additicnal licensing fees may a1sc be required tlellore iipprowul m�iy be granted. For mcre infcrmadcn, please ocntaicit your local %urisdicil6iof. . Dale Received: (Glove Homer t afficia I) Cln behalf of A (aity, Tovin, Clounty) CIAPRRGWIL ❑DISARRROWIL BY: necorrirmand ❑AIRRRCIVAIL ❑ DISAIRRROVAI (rifle) Sig rr al we gal a It one DAITE: ,I it A.R.S. § 41-1030. Invalic ity cll rulcis not made aaamicirig lel this ahayicia; oratlitlileic agency acliarr oratlitlileid acus Uy slate clmplgyees; ciriloilaamarl; rclliaa B. An agency shall not base a Iia ensing decisiGn in whole or in part cin a Iia ensing requiiiemeni cin condilicin chat is nail speciliaally authorized t y slaiuta, hula cin siaie tribal gaming corn pact. A gonadal grana of authciaily in siaiu'le does ncii constitute a basis ]or imposing a licensing noquiilerrlani ail Gandilion unless a pule is made punsuani la that gen aiial grana ail auit onityihatspecifically auit ailiaes the noquinerrlarli cin Gundiiicin. D. THIS SE(ITION MAYBE ENFORCED IN AI RRI�;ITE CIIVIL ACTION AND RELIEF MAIti BE AWARDED AIC AINSTTHE STATE. THE COLRT WlI AWARD REA,IONAIBLE ATII(IRNEY FEES, DAMFICESI FIND FILL FEE,I AI990(IIAITED WITH THE LIaENSE APRLIWITICINTOAIPARTY THPIT PRE�;IILS IN AN PIC TIO NPIC AIN "IT THE STATE FCIRAIVIOIFITICIN CIFTHI'll SIE(ITION . E. FI STATE EMRI OYEE MAIti NOT INTENTI(INALI� CIR HN OWIN CILY VIGIAITE THIS SUITI(IN. A VI(ILAITICIN CIF THIN SE(ITIO N III C;IUSE FOR DI,ICIRIINA RY AIaTICIN OR DISMISSAL PURJUAINTTO THE AGEN CVL1I AOCIPTED PERILION NEL RCILI(IY. F. THIS 9ICT CIN DIES P CITABR(IaPTETFIE IMMUNITY PRCIVIDED BY SEaII(IN 1,-820.(1 OR 12-0:0.02. 9)112,12011 Flag a 5 of 5 Individualsrequining ADA acaommodalions a a 11 (602)542-29 99 TOWN OF FOUNTAIN HILLS et )PIAk TOWN COUNCIL r •�' . AGENDA ACTION FORM q-, �' �, f4.2t is AY'ti Meeting Date: 1 0/1 71201 7 Meeting Type: Regular Session Agenda Type: Consent Submitting Department: Community Services Staff Contact Information: Corey Povar, Recreation Manager, 480-816-5170 REQUEST TO COUNCIL (agenda Language): CONSIDERATION OF approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION for the Women in Partnership (Debra Biloskirka) to be held in conjunction with the Annual Fountain I -lilts Art Festival on November 10- 12, 2017 from 10:00 am to 7:00 pin. Liquor sales will be restricted to N. Verde River Dr. within the festival layout. Applicant: Debra Biloskirka Applicant Contact Information. 480-836-0172 Owner: Owner Contact Information: Property Location: Verde River Drive, Fountain Hills, AZ 85268 Related Ordinance, Policy or Guiding Principle: A.R.S. §4-203,02; 4-244; 4-261 and R19-1-228, R19-1- 235, and R19-1-309 Staff Summary (background): The purpose of this item is to obtain Council's approval regarding the special event liquor license appiication submitted by Debra Biloskirka representing the Women in Partnership, for submission to the Arizona Department of Liquor. The special event liquor license application was reviewed by staff for compliance with Town ordinances and staff unanimously recommends approval of this special event liquor license application as submitted, Risk Analysis (options or alternatives with implications): N/A Fiscal Impact (initial and ongoing costs; budget status): NIA 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 Recommendations): Approve List Attachment(s): Application SUGGESTED MOTION (for council use): Move to approve the Special Event Liquor License as presented Page 1 of 2 Prep red by! �orey�ov ecreation anger 103/2017 Director's Approval: Rachael Goodwin. Co Uni Services Director 10/3/2017 A r vetl: Q C GraTy E. Mille T tanager 10/3/2017 Page 2 oft TOWN OF FOUNTAIN HILLS ADMINISTRATION DEPARTMENT INTER OFFICE MEMO TO: (as applicable) DATE: 9/27/17 • Streets Division Denied • Fire Department Building Safety • Building Division • Community Services X • Development Services Corey Povar • Law Enforcement Licensing Development Services FR: Corey Povar, RE: Liquor License Application Recreation Manager Attached is a Liquor License Application forstaff review. Review the application, then sign, indicating staffs recommendation for approval (with or without stipulations) or denial. If staffs recommendation is to deny and/or there are stipulations for approval, please attach a memo that specifies the reasoning and the memo will be forwarded on to the Town Council for their consideration of this application. Name of Organization: Women In Partnership Applicant: Debra Biloskirka Date(s) of Event: November 10-12, 2017 at the Avenue of the Fountains, Fountain Hills Fair Date Application Received: 9/27/17 Town Council Agenda Date: 10/17/2017 STAFF REVIEW AND RECOMMENDATION: Department/Division Staff Member Approved Denied N/A Building Safety Peter Johnson X Community Services Corey Povar X Development Services Marissa Moore v Fire Department Jason Payne Law Enforcement Mark Fisher Licensing Sonia Kukkola X Street Department Justin Weldy X Attach reportfor denial or any recommendation requiring stipulations. Arizona Department of Uquor Licenses and Control 800 W Washington 5th Floor Phoenix, AZ $5007-2934 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 Canty FOR DLLC USE ONLY Event Date(s): Event ft<rie start/end: CSR_ Llcemw. 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 c rn eted or It wIN§S re The Department of Liquor Licenses and Control must receive this application ten (10) business days prior to ffm event. N the speclaf event will be heli at a location without a permanent liquor license or R 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 focal government before subrnbsion to the Department of Liquor Licenses and Control (see Section 12). SECTIO N 1 Name of Organization: �' ��'' -,TA ` P1*E .1PA-5W1,T Name of Licensed Contractor only (if any) : SECTIQN 2, Non-Profit/IRS Tax Exempt Number: - _ � v � �' 1 eaa) S ;LGA Event Location rn,ov'r19 e 141 a 5 ,�r�l �=- Event Address: SECTION 44 Applicant must be a member of the qualifying organization and authorized by an Officer, DVector, or Chairperson of the Organization. i . Applicant: L L f -k Redact lad M)E:� Mktd* Dow duih 2. Applicant's mailing address:�P sires c"y stab 110 3. Applicant's home/cell phone: ' - • . Applicant's business phone: (_) d. Applicant's email address: Ci .g �D - Er C -4e7- - PO I. (Prat Full Nome) � � �J4 A-3 j< tj declare that I am the APPLICANT filing this application os listed above. I have read the application and the contents and all statements are true, correct and complete. X r�A LDate Phone Number 0 PU The foregoing instrument was acknowledged bef&e ni&%M MorHte Yepr State -6-ZA K County of fel tr140 �,. 6 my Commission Expires can: ��"��'�� i G' ' :�,�� !?�sF�y babe /� Qp " • A Sign oiQy Pubes J�Itr� Cio��t\�ti 9/12/2017 Page I of 5 individuals requiring ADA accommodations call (602)542-2999 SECTION 5 Regarding the Applicant's application for a special event permit, I hereby certify that the Organization meets the criteria in A.R.S. § 4-203.02(E) for the issuance of the permit as indicated by checking one of the boxes below. (I J ❑ The Applicant is a political party or a campaign committee supporting a candidate for public office. Please indicate the name of the candidate that the Applicant supports, the office that the candidate seeks, and the month and year that the applicant would first fill the office if successful. Name Office MoaNs/year (2) 0 The Applicant is a non-profit entity organized in Arizona, or pursuant to the laws of another state that is eligible for designation as a nonprofit entity under Section 501(C) of the internal revenue code of the United States. If the Applicant is applying under option (2) as a nonprofit entity, gtease also INITIAL In the space provided next Mall following statements to Indicate that to the best of the applicant's knowledge. they are tme and correct. The Applicant has received a determination letter from the Intemol Revenue Service ("IRS") indicating that it is eligible for designation as a nonprofit entity under Section 501(C), eligibility or will be eligible on all days that the special event will occur, or has a pending application with the IRS for such treatment that has not been resolved but that will retroactively cover all days that the special event will occur. (Please provide a copy of either the IRS determination letter or the application [without attachments) with this application). The Applicant is not aware of any action by the IRS to revoke. suspend, cr otherwise eliminate the Applicant's eligibility under 501(C), or if there is a pending application, the Applicant has not received any indication that the IRS will deny its application and has a good faith basis formed upon a reasonable inquiry into IRS regulations, guidelines, and forms that it is eligible under 501(C). 7 The Applicant understands that if there is a change in circumstances after completing this form that may cause or has caused it to lose its eligibility under 501(C), whether before or after receiving an IRS determination letter, that it has an offiirmafive duty to notify the Department of Liquor, which may then take appropriate action with regard to the loss of eligibility. To be completed only by an oBker, Director, or Chakpemon of the organization. L (Nnt ere Nemo) bSCS,N.A- ,63 declare that I am an Officer, Director, or Chairperson of the organization filing this application as listed above. (have read the application and the contents and oil statements are true, correct and complete. The foregoing instrument was acknowledged State tjS2, Ps County of fila My Commission Expires on: 1 ,?A-zCQa Dole SECTION 6 Will this event be held on a currently licensed premise and within the already approved premises8❑fes ®No (R yes. Local Governing Body Signature rwt required) Iicww Numbs Mone pneFrM Alw aetln) 9/12/2017 Page 2 of 5 Individuals requiring ADA accommociallons call (602)542-2999 He w is chis special evens going to conduct all dispensing, serving, and selling oil spidtdous liquorsi? Fllease read 9-19. 318 for explanaffori anc ah eck one c I tt1 a fc llowing boxes. Place licrise in ric r1 -use ®Dispense and serve all spinitL c L s ligL clrs urider rletailel's license DDispense and serve all spid'ILoLs liqLoni L ride) special everii Doi pnerrise between special e` erii and retail location ((F USING REIN IL LICENS E, PLEASE S& BMff A LETTEA CF A GREBMENin ilROki THB A GENT) OWNER CIF THII UC ENSED PREMLSE3 IC SIUSIPBN01 CR RUN CC NC URAIENT IAIITFI THE AERia AMINT LIC ENSIE 13URING THII E10IENT.1 Til® SPEIC IAL EVENn LS OALY USANG A PORTION CF THAI PAIEIMILSIESI A G ENT/C IWNBFI WILL NEELT 10 SIUMIND THAII PCIRTION Oil THE AREI M ISBIlj W hat is V a purpose c 1 this ev entsl ®Clri-site corisurr pliori EDCjff-site (auctic ri/w'rie) distilled spirits pull; moth 1. Has 1he applicarii been cc rivicied oil a felony, on had a liquor license rlevobed within th El last five 151 yeani? Des es Oqo �n des, a++acih explcincncn.j 2. How many special ev erii days have been issued io 1h is ollgariizatiori dLdrig the clalendan yearsl (Tole numbed cannot exceiec 'I CI days per y ear.] 3. Is the oegariizaiion L sing tt- El services oil a pnorr otE111 cm cllher person to manage the salE1 or service oil alcohol? merles 21�o (Eyes, mus be ci Ilaenised cciniractor of Ikieinsee of ser es 01, 7, 11, or 1:11 . Iist all people and organizations who will receive the proceeds. Account ilon 1CIC% of ihEl prcicleeds. Tl' El organization apply ing must racleiv EI 23% o1 the cll oss nevenues of the special ev ent liqL c 11 sales. Attach an additional page it riecas sang. Name � C --A9 X9.9 ,Q,1}/LT/�E,��j�IIP Perceriiage: ,4 ,V2 AddrEns 1- hfZ56-,k' I04 -1--S Name Of ZR2,6,-j " 6416- ' �'©s Peraeriiage: z A ddress IV- /Y, 0 NZZEgD.8- ,C �a ; T1h, -�S ,z�—� 21 kP stew my s rotEi ap Please wead A.R.SI. § 4.203.02 Special ever ill license: ruffles and 119-1 -.205 Reaulrernelrits for a Soeclof Event Ucense, Note: ALL ALCOHOEIC BEVERAGE SA LEIS MUST BE AC R CONSIUMPIION Al THE EVEIN1 SITE ONLY. 11. Wh al Npe oil seas nityj and caritrol measures will you take to pneveni v iolatioris of liquor laws at this ev erii? (L st type and niumh er of pglliae,lsecurity persanneil a nc 4 pe a fena1ng or ciontrcil barn ers, N c p pNaablei.) Number oil Rolice I NL mber of ;lecurityj Rersorinel ENriaing 0 arrier. Explarialion: � / / I l �it9� ,�/l9`3r�, °t�C /= / )c iT i�t9 l S��d r2 ;-t5l 9/12jI2017 Page 1�I a 5 Ir divic Gals reqs idrg ADA aaccrr moc aficlns call (6( 2)542-2999 SECnON 10 Dates and Hours of Event. Days must be consecutive but may not exceed 10 consecutive days. See A.R.S. 6 4244(15) and (17) for leo haus of sellae. DAY 1: DAY 2: DAY 3: DAY 4: DAY 5: DAY 6: DAY 7: DAY 8: DAY 9: DAY10: PLEASE FILL OUTA SEPARATE APPUC TION FOR EA M"NON OUSE E DAY Dale Day of Week Event Wart License End Time AM/PM Time AM/PM %i /O i %jpin,2�/ � %C76O s9'/I/ `J.'OG 9j1f r ri r s11��1 ro.�mo ASI 7•"00 9rl „. /zzm- SECTION 11 License premises diagram. The licensed premises for your special event is the area in which you are authorized to sell, dispense or serve alcoholic beverages under the provisions of your license. Please attach a diagram of your special event licensed premises. Please show dimensions, serving areas, fencing, barricades, or other control measures and security position. ATTACH DIAGRAM 9/12/2D17 Page 4 of 5 Individuals requiring ADA accommodations call (602)542-2999 D bim]maps Notes .or Horn+e, y, 'Woman In Partnerships, Mini rGarden rde Rr D Locafion N.Verde i e . & Ave. Of Fountains ?� FPd� dtlp'41 � �� Faoer.oagnrr F'",{. FdZ ryX err. r`r, <p er, � >^er„ mna zrr..arr„rar �cfl d aTjO �r. b omv maanu,<rd.m avammrm:o. ae Gm,tl Crt'p'°'tMn Amrcv of Tartng Fxm tN c rl Faunmrm Flrlls PodnF RanwrGn)f C'rkpievrge teed. Mry �` Gvwc ,mrve o(!M1e Fornfn/n5 A,m¢M ImmA,a OI II C4�P°4p Fa,rvcn tlln ptt I OF16 e O4ryldirlf Fwmpin NYli lbM Mvobyers ti 'y Yp A 41e:rrreri Spans G,.�l m P n 0 a 3 yet y/NO Lni,gIMIbM6 rn4/n4wp sate-rwr_. emd wad cam a.r mae,n Plan FoumdlmWe b -s Please coniklct the loclal go%eming dclarld Am addlHorrai appiikaton re4l0rements and submission decldllnes. Additional Ilcensinig tees mayl also be relqulrec bellale approval mayl be granted. for more InitormaHon, please oontdcf your kcail JuM dkHon. ®APFIROVAI 13DISAPRFOVAI BY: DATE: _J_J A.R.SI. S1 41.1030. Inv clic itv o9 rt les r of mac a accolldina to this cih a®tec ®rohlbiled aaen cv actian • Drohlbitec ac is by sial a em®knrees: e1n1 ora®mer l: n otiael E. A n agerlay shall riot t asE1 a IiclElnsinlg c Elaision in wl-oleon in part on a IiaElrlsing negL inemeni on toric ii ion tY a1 is riot speci'lically auirorizElc by sic11u1E1, rule on slate tribcil gaming compaat. A genEmal clnani o'I au11-orit) in SICliVE1 does not aansllikle at cis is toe imposing a licensing nequin9mE1rit cm aandition un11E1ss a nLIE1 is made FILnLarlt to Thal genEulal gnanl of aL tli ority & ai speci'licaily aL 1 horizes tli EI nequirElmerll or condil ian. D. THIS ACTION MAY BE ENFORCIBD IN A PRIVATE CIVIL ACTION At` D RE3LIEIF NA) BE AWAHDEID AGAINST THE S1ATE. TI -E COURT MAl' AWARD REIIASIONABL9 ATTORNEIY FEIESI, DAMAGES AND ALL RENS ASSOCIATElD WITH THE LICENSE ARFILICATIC � TO A AARTY THAT RREMA Il S IN AN ACTION AGAINST THE .ITATE FCIF A � ICILATION OF THIS SECTION. 8. A STATEI EIN RI OYEI8 MAY t` OT It` TFINTICINA I I Y OA KNOWINGLY VIOLATE THIS SEICITION. A VIOLATICIh OF THIS SEC TIC I� I.I CA L I E FCIF DISCIPLINARY ACITICIN OR DISMIJSA I FIL RSL ANT 10 THE AGED C Y'S ADCIRTEID PORSONNEII FICA ICY. F. THS SECTION DOES � OT AIBRC GAITE TI- 9 IMN UNITY PRC VIDED BY SECTIC N 12-820.01 C R 12-820.02. 9/12/2(117 FlcgEi 5 of 5 Inc ivic uals nequirir c AC A acc ammadations c all i6w)5� 2-2999 TOWN OF FOUNTAIN HILLS o TOWN COUNCIL ,Hap; AGENDA ACTION FORM Meeting Date: 10117/2017 Meeting Type: Regular -Session Agenda Type: Consent Submitting Department: Community Services Staff Contact Information: Corey Paver, Recreation Manager, 480-816-5170 REQUEST TO COUNCIL (Agenda Language): CONSIDERATION OF approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION for the Veterans of Foreign Wars Post (VFW) 7507 (Boris Biloskirka) to be held in conjunction with the Annual Fountain Hills Art Festival on November 10-12, 2017 from 10:00 am to 7:00 pm. Liquor sales will be restricted to Saguaro Blvd within the festival layout. Applicant: Boris Biloskirka Applicant Contact Information: 480-836-0172 Owner: Owner Contact Information: Property Location: Intersection of Saguaro Blvd and Avenue of the Fountains, Fountain Hills, AZ 85268 Related Ordinance, Policy or Guiding Principle: A.R.S. §4-203.02; 4-244; 4-261 and R19-1-228, R19-1- 235, and R19-1-309 Staff Summary (background): The purpose of this item is to obtain Council's approval regarding the special event liquor license application submitted by Boris Biloskirka representing the VFW Post 7507, 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): Applicaitons SUGGESTED MOTION (for Council use): Move to approve the Special Event Liquor License as presented Page 102 Prepared rereaEon Manager 1013 Director's Approve Rachael Goodwin, C mm nifty Services Director 10@/2017 Ap roved: Grady E. Miller,7 3 nager 1013/2017 Page 2 of 2 TOWN OF FOUNTAIN HILLS ADMINISTRATION DEPARTMENT INTER OFFICE MEMO TO: ' (as applicable) DATE: 9/25/17 • Streets Division Denied • Fire Department Building Safety • Building Division • Community Services X • Development Services Corey Povar • Law Enforcement • Licensing Development Services FR: Corey Povar, RE: Liquor License Application Recreation Manager Attached is a Liquor License Application for staff review. Reviewthe application, then sign, indicating staffs recommendation for approval (with orwithout stipulations( or denial. If staffs recommendation is to deny and/or there are stipulations for approval, please attach a memo that specifies the reasoning and the memo will be forwarded on to the Town Council for their consideration of this application. Name of Organization: Veterans of Foreign Wars Post 7507 Applicant: Boris Biloskirka Date(s) of Event: November 10-12, 2017 at the Avenue of the Fountains, Fountain Hills Fair Date Application Received: 9/27/17 Town Council Agenda Date: 10/17/2017 STAFF REVIEW AND Department/Division Staff Member Approved Denied N/A Building Safety Peter Johnson X Community Services Corey Povar % Development Services Marissa Moore x Fire Department Jason Payne x Law Enforcement Mark Fisher Licensing Sonia Kukkola X Street Department Justin Welty X Attach report for denial or any recommendation requiring stipulations. Arizona Department of Liquor Licenses and Control 800 W Washington 5th Floor Phoenix, AI 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 ffine 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 ompleted or it will be returned. The Department of Liquor Licenses and Control must receive this application fen (10) business days prier to the event. If the special event will be held of a location without a permanent liquor license or If the event will be on any portion of a location that Is not covered by the existing liquor license, this application must be approved by the local government before submission to the Department of Liquor Licenses and Control (see Section 12). SECTION 1 Name of Organization. - + p v5,105 Name of Licensed Contractor only (if any): SECTION 2 Non-Profit/IRS Tax Exempt Number: 75--() 1 c'.1 i't : i) 7 / - 3=7 Iz/-:-�'1 i SECTION 3 Event Location: Event Address:c -r h n� � - 1t�%a C. /-5 z332Q Z -s f,3 i �r c � iiccuzJ . � {�+; /Lz- d l��' SECTION 4 Applicant must be a member of the qualifying organization and authorized by an Officer, Director, or Chairperson of the Organization. 1. Applicant: Lost First Middle Date or Birth 2.Appl'icant's cant s maiiin9 address: ®`�L4-2-1 _ city state 77p 3. Applicant's home/cell phone: • Applicant's business phone: {�) 4. Applicants email address:—A Redact -•. I, (Print Full Nome) os�'I}----sl"s � /� � � �� l �=� `� declare that f am the APPLICANT filing this application as listed above. I have react the application and the contents and all statements are true, correct and complete. Redact Sign re `��ti� Iifiu3itEq I��, aFe P fine um er 17— U The foregoing instrument was acknoWedged befcye rn iir �-. • � � �sop0 'LQ 1-1 w yam: Q Mon1h Year State IjC12 tJvLis, County of W1 C6. os p a N-. N, fvVy Corrimissiorl Expires on: �2 Z J �D C' ''•.Xpy.:'��. 4�a Dote 'i�ar°� 11 o f Signature of Notary Public 9/12/2017 Page 1 of 5 Individuals requiring ADA accommodations call (602)542-2999 Regarding the Applicant's application for a special event permit, I hereby certify that the Organization meets the criteria in A.R.S. § 4-203.02(E) for the issuance of the permit as indicated by checking one of the boxes below. (i) © The Applicant is a political party or a campaign committee supporting a candidate for public office. Please indicate the name of the candidate that the Applicant supports, the office that the candidate seeks, and the month and year that the applicant would first fill the office if successful. Candidate; Mame Office Month/Year (2) EJ The Applicant is a non-profit entity organized in Arizona, or pursuant to the laws of another state that is eligible for designation as a nonprofit entity under Section 501(C) of the internal revenue code of the United States. If the Applicant is applying under option (2) as a nonprofit entity, please also INITIAL in the space provided next to all following statements to indicate that, to the best of the applicant's knowledge, they are true and correct. The Applicant has received a determination letter from the Internal Revenue Service ("IRS") indicating that it is eligible for designation as a nonprofit entity under Section 501 (Cj, eligibility or will be eligible on all days that the special event will occur, or has a pending application with the IRS for such treatment that has not been resolved but that will retroactively cover all days that the special event will occur. (Please provide a copy of either the IRS determination letter or the application [without attachments] with this application). /" The Applicant is not aware of any action by the IRS to revoke, suspend, or otherwise eliminate the Applicant's eligibility under 501(C), or if there is a pending appiicotion, the Applicant has not received any indication that the IRS will deny its application and has a good faith basis formed upon a reasonable inquiry into IRS regulations, guidelines, and forms that it is eligible under 501(C). The Applicant understands that it there is a change in circumstances after completing this form that may cause or has caused it to lose its eligibility under 501 (C), whether before or after receiving an IRS determination letter, that it has an affirmative duty to notify the Department of Liquor, which may then take appropriate action with regard to the loss of eligibility. To be completed only by an Officer, Director, or Chairperson of tate organization. 1, (Print Full Name) � 1tiS P ( 5 /Cf e-s"W declare that I am an Officer, Director, or Chairperson of the organization filing this application as listed above. I have read the application and the contents and all statements are true, cone and c plete. Sign re - �,rvriyp ate Phone Number wt 11[) The foregoing instrument was acknowledged befo`Vn6jM State County of ' 1.0 I My Commission Expires on:1rZ�l•ZtaZo 1y!9f :1f! Date `>.0 . 0 173 •may Month Year of Notary Public SECTION -4 Will this event be held on a currently licensed premise and within the already approved premises?[]Yes [RNo (If yes, Local Governing Body Signature not required) Norrie of Business License Number Phone (Include Area Code) 9112/2017 Page 2 of 5 Individuals requiring ADA accommodations call {602]542-2999 SECTION 7 How is -11- is special e�erit going I cioridL ci all dispensing, serving, and selling of Sli CIL s ligcorsg Aleicl3e nead A-151- 318 tar e) pilariaiion aric check orae of the following baxes. [RHlace licerise in non -L se ElDisl i9el and serve all 311 LOus liquors c ric en reiclilelli license E]Di9perise and serve all spidi uous liquors c riden spelaial e� eirit ESplii Klnemise t eMJeen speciial e� eirit and retail location ff USING BETA 11 LIC Sli PLEA S9 SU 9MIT A LETTER CIF A GRE9MENT 1111i TH9 AGENT/OWNER OA THII LIC ENSIED Milli 11C 1 SIUSIi CR RUN CONC L RRENT WMf THE PERMA N9NT LIC ENSIE DURING THE EVENT. IF TH9 SPEICI,a L EVENII IS ONLY MING A AORTICIAI OF THE AREMIISIES, AGIEMI/OWNER WILL MEED TO.IUSAEIND THAT PORTION CIF THE PREMISVIS.) SECTION 8 What is the PIcrpose of iris eveni9 Oln-site consurrplion Off-si1el (ac ciiion/wine/distilled spit is pcll) E113011' SECTION 9 1. Has the cippp11licarii been corivicted oil a felony, ori rad a liquor license revokec wile in irei last live (5, year LSV Dres O 111f yE s, attach Enigta nc Ilan.] 0. How many special everli days have been issued lo tr is ollganiaation do ring the cialendarl yean%1 16 llThe r u mij eo can r arl eta cued 1 days peir y ear.) 3. Is it a organization using the services of a piiomoter or of em per<ion io rr adage ire sale an serviae of alcor olg des 2No 1If yea, must tl a a Ther aec aor frac on on Ili see of series 6, 71, 11, or 1 aj 4. Lisi all peoplei and ongarlizcfiions wro will iii EI 11-e piiocieeds. AccaLrii for 100% oil the pnoceecs. 11he orgariiaaiion apl ing muss ii ire 25% of tr a gross re�eirlleit of ire special event liquor sales. Attach art addiliarial page if necessary. Narre _I��T��- (%� ciF- ' tVl4k-5 Hencerliage: /,%44-12 A c Brass Name A c dress Percieriiage: Sh" ay stag ZIP Plleasel liecid A.R.SI. § 4-2CI31.02 Special evens license: rules and R191-11-2CI5 Reachemenh for a Special Everit License. Noie: ALL ALC OHOLIC BEVEF AIGE SIALIM MUST BE FOR CONSUMPTION ATIM BVINl 9118 ONLY. FI. Mal ai type o1 security and control meiasu nes will yoL takelo prey eni �iolcliiaris oil liquor laws cii Iris eel i (l st NFIe avid nw mber cif rioliae/securfly Flensor nerl ar d type all far alnig on aoritral barr ers, If appllaatl le.) I" c mber of Police �2- Number of'Iecc ii Hensonnel M eiricing Didarriers 9/1:11 Hage 3 of 5 Iridivic uals reCIL16rig AC A acaammacaiioris nail (6CIA)5A 2-.1999 SECTION 10 Dates and Hours of Event. Days must be consecutive but may not exceed 10 consecutive days. See AR.S. § 4241(15) and (17) far legal hoar of seMce. SECTION it License premises diagram. The licensed premises for your special event is the area in which you are authorized to sell, dispense or serve alcoholic beverages under the provisions of your license. Please attach a diagram of your special event licensed premises. Please show dimensions, serving areas, fencing, barricades, or other control measures and security position. ATTACH DIAGRAM 9112/2017 Page 4 of 5 Individuals requiring ADA accommodations call 16021542-2999 PLEASE FILL OUTA SEPARATE APPLICATION FOR EACH "NON-CONSECUTIVE" DAY Date Day M Week Event Start Lkense End Time AM/PM Time AMJPM DAY 1: / /O / DAY 2: f`/`J 1/7 �-etr /O;OV ',V j94 DAY 3: JJ 1,1-1/ % YJ/" /x, iSO &-hj DAY 4: DAY 5: DAY b: DAY 7: DAY 8: DAY 9: DAY10: SECTION it License premises diagram. The licensed premises for your special event is the area in which you are authorized to sell, dispense or serve alcoholic beverages under the provisions of your license. Please attach a diagram of your special event licensed premises. Please show dimensions, serving areas, fencing, barricades, or other control measures and security position. ATTACH DIAGRAM 9112/2017 Page 4 of 5 Individuals requiring ADA accommodations call 16021542-2999 Lv Ung maps Fountain Hills, AZ Loe�-Tt®IJ.�t l V-rw 6>1957- ?SV? 6�EG b fr er N f yg Fy47� Ear ek aou:r Aee g` w,aa. a g g �r Fpm Hw W/Gmw �$� 2 C NeWe'SNealNgvcl fool fnv.ar F..': O 2' iewMs o' Fwmae o((heFw Tvs 3 4 mlhv ryj A 9rae'Ir y� �°GW uma RIwW *1"".' 44' J Fj... srt U � V pm ManeAw y Mreaum � sprtr GL. B� E,ar �•` 2 t� � 45'a,W fcu �'tvS�]� ��t�Lz '6 EPork Cq4 r0 f.i Evo Vme yf � oFeun[anuce `s 4 m 2 EGurugMOr 2 �T f OS1816iE W� q 2 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. SECTION 12 Local Govemina Body Approval Section Date Received: I, recommend OAPPROVAL O DISAPPROVAL (Government WM I.q (Mb) On behalf of , (CBy. To ,Cary) slgnahre Dale Phore SECTION1 OAPPROVAL ODISAPPROVAL BY: DATE:_/� A.R.S. § 41-1030. Invalidity of rules not made accordina 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, 9/12/2017 Page 5 of 5 Individuals requiring ADA accommodations call 16021562-2999 4° 'r� !{ TOWN OF FOUNTAIN HILLS Z n T+DI►I�VN COUNCIL o� a \Z� '/ AGENDA ACTION FORM Meeting Date: 1011712017 Meeting Type: Regular Session Agenda Type: Consent Submitting Department: Community Services Staff Contact Information: Corey Povar, Recreation Manager, 480-816-5170 REQUEST TO COUNCIL (Agenda Language): CONSIDERATION OF approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION for the American Legion Post 58 (Randolph Shaw) to be held in conjunction with the Aruival Fountain Hills Art Festival on November 10-12, 2017 from 10:00 am to 7:40 pm. Liquor sales will be restricted to 16837 East Parkview Avenue, Fountain Hill, Arizona 85268. Applicant: Randolph Shaw Applicant Contact Information: 630-935-1513 Owner: Owner Contact Information: Property Location: 16837 E. Parkview Avenue, Fountian Hills, Arizona Related Ordinance, Policy or Guiding Principle: A.R.S. §4-2013.42; 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 Randolph Shaw representing the 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): NIA Funding Source: NA If Multiple Funds utilized, list here: Budgeted; if No, attach Budget Adjustment Form: NA Recommendations) by Board(s) or Commission(s): NIA Staff Reeommenciation(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 Preparedby: n Corey Po%@Le?re tion manager 1O37ZT7 Pagr 2 oF2 TOWN OF FOUNTAIN HILLS ADMINISTRATION DEPARTMENT INTER OFFICE MEMO 70: (os applicable) DATE: 9/28/17 • Streets Division 0z1 -M6-/7 • Fire Department Building Safety • Building Division • Community Services X • Development Services Corey Povar • Law Enforcement • Licensing Development Services FR: Corey Povar, RE: Liquor License Application I Recreation Manager Attached is a Liquor License Application for staff review. Review the application, then sign, indicating staffs recommendation for approval (with orwithout stipulations) or denial. If staffs 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 LegionPost 58 - Applicant: Randolph Shaw Date(s) of Event: November 10 - 12, 2017 at 16837 E. Parkview Ave., Fountain Hills Fair Date Application Received: 9/28/17 Town Council Agenda Date: 10/17/2017 STAFF REVIEW AND Department/Division Staff Member Approved Denied N/A Building Safety Peter Johnson X Community Services Corey Povar X Development Services Marissa Moore Y l� Fire Department Jason Payne Law Enforcement Mark Fisher ,F Licensing Sonia Kukkola X Street Department Justin Weldy Attach report for denial or any recommendation requiring stipulations. 0Q-29-17 10:07 RCVD 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 Morley Orders Only FOR DLLC USE ONLY Event Date(s): Event time start/end: CSR: License: A service fee of $25.00 will be charged for all dishonored checks (A.R.S § 44-6852) yo Z, IMPORTANT INFORMATION: This document must be fully completed or it will be returned. The Department of Liquor licenses and Control must receive this application ten (10) business days prior to the event. If the special event will be held at a location without a permanent liquor license or if the event will be on any portion of a location that is not covered by the existing liquor license, this application must be approved by the local government before submission to the Department of Liquor Licenses and Control (see Section 12). SECTION 1 Name of Organization: American Legion Post 58 Name of Licensed Contractor (if any): (Please complete if anyone other than the organization is receiving profits or assisting in the managing of the event) SECTION 2 Non-Profit/IRS Tax Exempt Number: 56 2339744 SECTION 3 event Location: 16837 E. Parkview Ave. Fountain Hills, Maricopa County, AZ 85268 Event Address: Same as above SECTION 44 Applicant must be a member of the qualifying organization and authorized by an Officer, Director, or Chairperson of the Organization. Applicant: Shaw, Randolph Lost First Middle Date of Birth 2. Applicant's mailing address:" Sunset (7r. Fountain Hills, AZ 856$ Street city State Iip 3. Applicant's home/cell phone: ' - • . Applicant's business phone: ( 480) 837-5958 - 4. Applicant's email address I, (Print Full Name) Randolph Shaw declare that I am the APPLICANT filing this application as listedn have r d the application and the contents and all statements are;t e, co ect and complete. Signature Title/ Position Date Phone Number The foregoing i�jtlurnent was acknowledged before me this ob �/} I Day nth Year State t c/ri-� County of _ l' � i + 0�4 My Commission Expires on: Ja lq bate Sign of Ndary Pu �� KEITH MCCULLOUG L� Y e NtARICOPA COUNTY ` $122121}17 Page 1 of 5 I My Comm. noires May 2, 2079 Individuals requiring ADA accommodations call i602j542-2999 r AECTIC)N 5 Regarding the Applicant's application for a special event permit, I hereby certify that the Organization meets the criteria in A.R.S. § 4-203.02(E) for the issuance of the permit as indicated by checking one of the boxes below. (1) ❑ The Applicant is a political party or a campaign committee supporting a candidate for public office. Please indicate the name of the candidate that the Applicant supports, the office that the candidate seeks, and the month and year that the applicant would first fill the office if successful. Candidate: Name Office Month/Year (2) 14 The Applicant is a non-profit entity organized in Arizona, or pursuant to the laws of another state that is eligible for designation as a nonprofit entity under Section 501(C) of the internal revenue code of the United States. If the Applicant is applying under option (2) as a nonprofit entity, please also INITIAL in the space provided next to all following s#aiements to indicate that to the best of the applicant's knowledge, they are true and correct. yes The Applicant has received a determination letter from the Internal Revenue Service ("IRS") indicating that it is eligible for designation as a nonprofit entity under Section 501(C), ellgibility or will be eligible on all days that the special event will occur, or has a pending application with the IRS for such treatment that has not been resolved but that will retroactively cover all days that the special event will occur. (Please provide a copy of either the IRS determination letter or the application [without attachments] with this application). yes The Applicant is not aware of any action by the IRS to revoke, suspend, or otherwise eliminate the Applicant's eligibility under 501(C), or if there is a pending application, the Applicant has not received any indication that the IRS will deny its application and has a good faith basis formed upon a reasonable inquiry into IRS regulations, guidelines, and forms that it is eligible under 501(C). yes The Applicant understands that if there is a change in circumstances after completing this form that may cause or has caused it to lose its eligibility under 501(C), whether before or after receiving an IRS determination ette, that it has an affirmative duty to notify the Department of Liquor, which may then take appropriate action with regard to the loss of eligibility. To be completed only by an Officer, Director, or Chairperson of the organization. I, (PrfntFul INawe) Randolph Shaw declare that I am an Officer Director, or Chairperson of the organization filing this application as listed above. I have read the application and the ontents and all statements are true, coir d c mplete. } X Q Signature TMe/ Posit onn Date Phone Number The foregoing strument was acknowledged before me this A ler ao)-�- �( Day Month Year State l County of 1' 0i c �( My Commission Expires on: KEIT Dote gn of Not g1 / •.{ Notary Public - State SECTION Will this event be held on a currently licensed premise and within the already approved (1t yes, Local Governing Body Signature not required) American Legion Past 58 Nome of Business 14073026 license Number 8/22/2017 Page 2 of 5 Individuals requiring ADA accommodations call (6132)542-2999 480-837-5058 Phone (Include Area Code) SECTION 71 F ow is Itis special everrl going io condLcli all dispensing, serving, and selling of spirits oL s liquors? Rleasel dead R -19- 31f1 llor e)planaiion and checH one oll the following bores. EMlace license in riorruse ❑Clisperlse arid serve all spirituous liquors under reiiailen's license ❑C7isperise arid serve all spirituous IiqL ons under special evens ❑3plit prerrise beiweeirl special e\ eirli and retail location (A USIINC REMIL LIC EN!IE, ALFA SIE SIUBM11 A LETTER OA AC AEEMENII FROM THE AGE NT/CIWNE R CIF THE LIC ENSECI AREMISM171O !IUSAENa OR RUN C ONCURREINT Wal THE PE RMA NEWT LICE NSE DURING IWE EVEMI. IFI THB SRBCIA L EVEINT O ONLY USING A PORTION OR IWE ARE MISIE S, AC EMI/OWNER WILL NEE CI TC I SUSIPMID THAT AORTIC IN Of! THE PREMM ESL) SECTION 8 What is f e purpose of 11 -is everrt�l �n-site eorssL rrlotion ❑Off-site (ac eiion/wine/distilled spirits pull) coif SECTION.9 1. Has ilei applicant been convicted of a ileloriy, or rad a liqLoil license nevoked within the Iasi alive (9) yealls? ❑Yes QNCI (N yeas, cffach expllc ricticui.l a. How rr ariy special event days have been issued 1 o this onganiaation during t1l e calendar y earil (llhel nu rriben cc nniai eixaeeid 1 a days pein y ear.) 5 days 3. Is the cmganiaation c sing f 1 e services oil a pnorroier on ashen perscirl to mariage 11-ei sale or service of alcal- okl❑ti es Qlo (11 yes, must tea licienseld conitrc ion oii liclensee cd selriels 6, a, 11, ar 1:1) List all people and organiaaiions who will neceKEl il-el proceeds. Acaouni 'Ion 10(1%d of the proceeds. llhe onganiaaiiarl applying muss neclei\ e 29%d of I1 -e gnoss nevenues of the special event liqLcln sales. Attach art additional page A necessary. Narr e A rrle I ice n Lec is n Post 518 Rercerrfage: 1 C OlYci Addness 1E81371 RalrkyieW Ave. Flourtalin Hills, A2 815268 Narr e Address Sheet any Renaeniage: Stale 2 p Ellease uead A.R.SI.114-243.42 S lethal eN ens licerise: pules avid R1 SI -1-203 Reauinemenis for a Slaecial Event Licerise. Nolle: AILII ALCOHOLIC BEV BRAG B SIAILES ML 91 BE FOR CIONSUMRTIC N AIT 1HB E V BN1 gill ONIIY. 11. W hat type till security arid cariirol mean nes will you lake I preveni violations oil liquor laws at this event%I ILisi t�ple and nwmbelr cd Flollce)lsecwrity pensonneli arc type of iericirig on control tarrieln, H appliclable.) EAplarsaiicirl: L rr ber of Police 12 pe r days Nurr ber of Security Reisonnel Dencing aarriens Property is building with wallet in patios. Building hers two dooms and patio has two gelies. All exits will halve our VOILriteer members) ctrl three hour slhiftsl alt elalclh exit. Total cif 12 per cad, 4 per slhifi for three shifts for 3 darysl. Total voluntelelr slhifis 3E 8,I221/21(117 Page 21015 Iricividuals iequHrig ADA acaarrimodaiioris cull (E(12)94.1-21599 SECTION 10 Dates and Hours of Event. Days must be consecutive but may not exceed 10 consecutive days. See A.A.S.§ 4244(15) and (17) for legal hours o1 s vice. DAY 1: DAY 2: DAY 3: DAY 4: DAY 5: DAY 6: DAY 7: DAY S: DAY 9: DAY10: PLEASE FILL OUT A SEPARATE APPLICATION FOR EACH "NON-CONSECUTIVE" DAY Date Day of Week Event Stad License End Time AM/PM Time AM/PM 11-10-2017 Friday 10:00 am 10:00 pm 11-11-2017 Saturday 10:00 am 10:00 pm 11-19-9f117 Cnnriw in -nn nm in -nn nm SECTION 11 License premises diagram. The licensed premises for your special event is the area in which you are authorized to sell, dispense or serve alcoholic beverages under the provisions of your license. Please attach a diagram of your special event licensed premises. Please show dimensions, serving areas, fencing, barricades, or other control measures and security position. ATTACH DIAGRAM 8/22/2017 Page 4 of 5 Individuals requiring ADA accommodations Call 16021542-2999 Fllease conlacl the local governing board foil addit'onal aplppcat'on iequuemenihl and submission deiadilres. Additional Ikerlsirig Ilees rray alia be required betfoie approval rray be granted. For more inbnmaiiom Fllease clortacl your local jusisdicHan. SECTION 12 Local Governina Bodv Approval Section. Do e Received: I, recommend ❑APFIRIOVAL ❑ DNAFIFROVAI IIGc vemm int CNHc ial) (Me) On behalf cif IClity,lawn, Ocwntyl Siglnadure Date Phcinei ❑ARRROVAL ❑DISARRROVAI BY: DAT9: i_�. AI.H.& § 41-1 L130. Invalidity of nu les riat made according to f h is tillooier, prohibited agency aciiarl: graltit i11ed aclts by sig! a employees: eirlfoncerr ent: nlotice B. An agency gall no bas El a licensing decision in whole an in part on a licensing nequinenlffit an aanciiion chat is Atli specifically auil-ariaed by s�aiute, rule on state tribal gaming compacli. A general gnan� of 001'arity in sialuie does real corlstiiLte a basis for imposing a licensing rElquinemEirli on condilicin unless a rule is made pLnsLarli io irai genenal grant of auihority chat speciflcially aLthoniaEIS the requinemerli an condition. D. IF IS SRCITIO� MAY HE 13NA04ClIED IN A PRIVATH CAVIL ACTION AND RELIHF MA) BE AWARDHD AGAIN ST TF E STATS. TF H CICIL RT MAl AWARD RRASIO� ABLE ATTORNEti FEES, DAMAGM A� D AIL FEHS ASSOCIATHD WITF THE LICB� SIE APFILICIATION TO A FIART) THAI FI REVAUl IN AN ACTION AGAINST TF E ,'ITAT9 FOR A VICILATIO� OF TF ISI flECTION. E. A STATE EMRLOY9E MAY NOT INTHNTIONALLY CIR KNOWINCIL) VIOLATE TF 19 SECTION. A VIOLATION OF TF IS SECTICI� ISI CAUSE FOR DNCIIRLI� ARTY ACTION CIR DI,'IMISNAL RL RflL Ali T TO TF H AGBNC1'S ADOPTED PHRKINNEL POI -10. H. THIS 9EC1101' ❑ CIES NC T ABRCC ATE TF 9 IN ML NITY PRC VIDED BY 19CI11C It` 124 20.01 OR 12-820.02. 81/21.1/.1017 Page 5 cd 5 Iridivic Lals 11EigU10rig ADA aaaommacatiors aall (6(121)9k 2I-.1919151 American Legion Post 58 16837 E. Parkview Ave. Fountain HMIs, AZ 85268 480-837-5958 September 27, 2017 American Legion Post 58 in Fountain Hills, AZ agrees to suspend the existing liquor license and use the special event liquor license during the following dates: November 10, 2017 10:00am To 10:00pm November 11, 2017 10:00am To 10:00pm November 12, 2017 10:00am To 10:00pm Thank You, John Schwab Commander American Legion Post 58 SPECIAL EIVENTLICEINSED FIRE IVIEEISI DIAGRAM (7t Is ME giarr must be ccirripleted wiih this applicatian] SEecial EVEintEliac ram: (E how cirriarsions, SUrviing ameas, arc late! type of arialclaure eiric .ificiuriity positions) NOTE: S-1howroatiesl citioss alreels, highway, or roac if laaaflan doeari'l 1-a�e ar addreso. k AZ60A'6L /Al 7h')S A CarWasl1 Paal,iviem Plvamei Pladling Fire La r e, i D6' 4- ArriElliCan Legion Bang ieit Room Ratio F— Opan ciplacia Bar --T American Legion z P/ lz Lounge Banc Pil DOJI Fire Lane 9 1j,10 �l A Z' C6, A' )L z ParNling �- , I LC CZM) !''-" 11V6 ALL DOOT�-5 tiAllf, 72�S 11`tA"N TOWNOF FOUNTAIN HILLS TOWN COUNCIL \Z� .: AGENDA ACTION FORM Meeting Date: 10117/2017 Meeting Type: Regular Session Agenda Type: Consent Submitting Department: Public Works Staff Contact Information: JustrinT.Weldy jweldy@wfh.az.gov 480-816-5133 REQUEST TO COUNCIL (Agenda Language): CONSIDERATION OF Approving the First Amendment for Professional Services Agreement C2017-486 with AECOM Technical Services Inc, in the amount of $49,799.00 for Bus Shelter Final design services. Applicant: NA Applicant Contact Information: NA Owner: NA Owner Contact Information: NA Property Location: NA Related Ordinance, Policy or Guiding Principle: NA Staff Summary (background): This project will provide for a centralized bus stop location for the 514 Express Route at the Town's Civic Center and near higher density apartments and housing. On September 28, 2016,Town Manager directed staff to enter into discussions with Valley Metro to relocate a bus stop (Express route 514, stop 16891), located on Palisades east of La Montana. Due to concerns that the current location was not ADA compliant, did not have seating, shelter, or adequate parking, a more suitable location near the Town's Civic Center was selected that would include a shelter, be ADA Compliant with seating, lighting, and assigned parking. As part of the discussions, and with approval from Valley Metro, staff entered into a Professional Services Agreement with AECOM Technical Services Inc, to develop two conceptual alternatives. That process having been completed. Staff is prepared to move forward with final design and construction. Risk Analysis (options or alternatives with implications): The possible loss of LTAF 11 funding Fiscal Impact (initial and ongoing costs; budget status): $49,799) Budget Reference (page number): 311 Funding Source: Grant Fund If Multiple Funds utilized, list here: Budgeted; if No, attach Budget Adjustment Form: Yes Recommendation(s) by Board(s) or Commission(s): NA Staff Recommendation(s): Recommend approval List Attachment(s): PSA 20117-086, Conceptual Layout. Page 1 of 2 SUGGESTED MOTION (for council use): Approve the Professional Services Agreement C2017-086 with AECOM Technical Services Inc, for bus stop Shelter design, Prepared by: Justin Weldy, Public Works Director 1 01512 01 7 Pace 2 of2 am 27\ «:. Contract No. 2017-086.1 FIRST AMENDMENT TO PRQPEHSIIONAL HDRMICES AGREDMEND HH'DVNDDN THE 'DOWN OP FO UNTAIN HIJ ILS AND AECOM TECIINICAII SDRIVICES, INC. '11HIS FIRST AMHNIIMENT 710 PROFEISSIONALI 9EI14VIC H9 AGREEIMEIN'II (this "First Arricindmunl") is enteired into aa.of Octclar 17, 2017, betwocin tlei "hewn of Fountain Hills, an Arizona rriuriicipzd corporation lithe "flown",, and AHCOM Teahnical 9cirviaeis, Inc., a C al ifkirriia corporal ion 1I1 he "Const ltard"). RHCITALS A. 'Ilhe Tlowri and 1he Carisullant antcmad irilo a Prafdssicirial Sciniieas Agraarricint datac Jar.iL ary 9, 2017, for ConsL ltard to c evelcirl two aonaeiptual altarriativ cis far a 1: L s shaltor to ba laaatad in or nciar tlei southwestern plcrlion efl tha Library/MLsauim parking lot (1he "Agraerriant";. All aapilalized tarmis noel ollarwisa cafincic iri tlis First Amendmant havci 1he same meanings as contained in the AgrcierricirL H. 'Ilhe ' lowri has selactad ari all ernaliva and c asires to engaga Consultant to perform 1he arciHtectural and enginciaring tasks riaccissary to corriplleta 1he final dasign and plraparci ite construction decumanls forth ahosein altorriativa (1I1 -a "Hxpandac Services"). C. "Ilhe "flown and tla Consuiltardasira to entcm inilci this First Amandmcirit tc exiland 1he terms ofltha A graerr ant to allow kir time to complata the Elxplar.ided Sciry iccis. AGREEIM EIN'Il NOW, 11HEIRHFORH, in consideration oftla foregoing ir.troduclion anc rciailals, whiah ara incorporated heroin 1:N vaferciriae, the fbllowing mutual acv einants anc eor.iditicris, and o0 ar good and valuabla aensidaration, 1he rciaeipll aric suffiaicir.iay oflwhiah arca hercil:N aekrcwladged, tl e "flown aric tha ConSUItarit N cmeby agrea as fallows: 1. farm of A raeimenl . 'Ill. a tarmi of I tha A grecm ent is 1. erabN ext anded and s1 all ramairi in fuill forca and affecl until Junci 30, 2018, Lrdess tarrninaled as otharwisci provicad pursuant to tha tarmis aric condil ions of tha A graem ant. 2. HN pane ed Scope eft Wovk. '1111 a ConsL ltaril sl all plarform tl e Exparic ed Sarvices in acecrc anca with tl a Scope ofl Wcrk and Fea Proposal attachad 1 areta as Hxhibit 1 and incorporatad N cireini by refdrenea. 3. Efflict efl Arriancmenl. In all other respects, tha Agraeimcmil is affirmed and ralificc aric, axcapll as expressly mocificc herein, all lerms and eenditieris efltha Agreament shall rem ain in fu I I forca anc effect. 3083839.2 4. Non -Def kilt. By exaauting this First Amendmeint, trea Car.isu:llaw affirrrat:ivaly assarls 1hal (ji) tliea Town is riot curreantly in default, nor ras beaen in dafaull at any time prior to Iris First Amendrneant, under any ofltha t€arms or caaraciticiris afltliea Agiieemant and (ii) any and all alaims, kr.iown and unknown, re:latiri€I to the Agraeamarat am existing on ar befbrei thea dale oflth:is First Amendment area forevem waiveid. -I. Canflial of Intowst. TIhis First Amendmeant aric the AgreeamenI may rea car.iceled by tli ea Town pLrsuar.it to ARIZ. REFI. SI,T. Fl 38-5111. IN WITNESS A HERHOF, thea parties hareato rave exeaLited this ir.islraLimenl as afltl1 ea dale and yeaar first seal fbri r abav ea. "Towin" `IIOWN OF FOUN TIAIN HILLIS, an Ariaor.ia municipal corporation Grac y E. Miller, dawn Manager AT'IIHST: Bove Iyra J. Bender, dawn Clerk (ACKNOWLHDGMHNTI) STATH OF ARIZONA ) ) ss. COUN-IR1 OF MARICOPA ) On , ICI1il, befora mea pemsonally appoared Grady H. Millar, tra Tawn Managaua of the TOWN OA FOUNIZIAIN HILUS, an Ariacana Municipal corporalion, whosea is ant:ity was rpaav can la mea on 1 he r asis of sati sfhctarN ev is Banca to r a 1 r e pemsan wr a he claims to ba, and aaknowledgeac 1Irat he signac tree above document, on be&alfI of thea flown of Fountain Hills. Nalary Public (Affix nalary seaal hero; 3 0838 39.2 2 "Consultant" AECOM TECHNICAL SERVICES, INC., a California corporation Name: Robert Rinawald gSrociB�e= Title: Vice President (ACKNOWLEDGMENT) WTUR 1=010 ) as. COUNTY OF On 2017, before me personally appeared the of AECOM TECHNICAL SERVIC , INC., a California 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. JEAN SHEMN NOTARY PUBIJC STATE OF AflI20NA MAHICOPACOUNTY Nota ublic 0MY Comm, expires W31,201 (Affix notary seal here) 3083839 2 F XH IBIT 1 TO HIRIST AMENDMENT TO ARID HESSIONAL SHRIMICES AGREEMENT HF IIVNHHN THE 'DOWN OR HOUNTAIN BUILS AND A.ECOM TECHNICAII SHRMICES, INC. �Exparic ad Scopes of Work aric Feel Pnaplasal] Seia fallowing pages. 3083839.2 ASCOM AECOM 7720 a. 16u Street sWe iW Poenlx, Admm 85020 w .aewmmm June 16, 2017 Town of Fountain Hills Public Works Department 16705 E. Ave of the Fountains Fountain Hills, AZ 85268 Attn: Mr. Justin Weldy, Public Works Director Re: Scope of Work and Fee Proposal Bus Shelter Final Design Project Dear Mr. Weldy W2371 1100 tel 6023711515 bx AECOM Technical Services Inc. (AECOM) is pleased to submit this cost proposal for the Bus Shelter Final Design Project at the Northeast comer of EI Lago Blvd and La Montana Dr. Enclosed is our cost proposal and scope of work for your review. Our scope of work includes all engineering and architectural tasks required to design the new bus shelter improvements within the project limits. The total not to exceed fee to perform these services is $49,799.00. This not to exceed fee is based on a weighted average hourly rate for each labor classification. We look forward to working with you to successfully complete this project. If you have any questions or need additional information regarding this cost proposal please contact Miguel Aceves (602-861-7458, micuel.acevesa.aecom.coml. We are available to meet and discuss this proposal at your convenience. Respectfully Submitted, AECOM 44W;M61MO, Miguel Aceves, PE Project Manager Enclosures: 1) Scopeof Work 2) Hour Estimate / Cost Proposal &"Z� Randy Simpson, PEI Vice President Scape of Wank Bus ShEllter Finial DElsigri Pnojecd , u rie '16, 3a'1l Scope of VYonk Bus Shelter Final Design F roiject Northeast C carrier of EI Lagoi Soiulevard and La Mciritana Drive Projecl Description This FlrajElcdl will aansis'l oil Flnerlaning cicrisirualiani cociurrierits lorihe firial t us shEllten layout. Design G u idelirias Th is AraiEicl %lilt t El c EisiclrIEic acaarc i r i g to th a aurrElnrl ec itiori oil the IoIlowinicl staridares anc sFleciiliaatiaris: • Uriiilorm Stanidanld Speaificiatioris aric Details fon Flu Elia Wanks Clarisirualian as putlishec ty thEI Manlicorla A;Isoaiatiari of GovEInrinr its iINAGj • 201CI SupFIIEirnEirit ilo tHEi MPC Unifarm S'lanic and Delails fan Pu Ilia Works Carislrualian • RPTA Bus StaFl Pragnam and Staricarc a I't ihene is a aonillial tEdmleeri 'Ihe cosign staricares, the Tawni o'l Fountain Hills PraiEicl Mariagen will CeIarminEI Whicih Siaricarc will take prElaeCEInICIEI. This "IIaorlEi cd Work as prEiseritec H Emein will t Ei Flarfarmec b} AECIOM TEICH riiaal SEirviaes, Iria i[AEOCIM'. All dElsigni work will bEI performer usiricl AdoCIA❑ 201.1 ClOrr ier assisiled cnaftiricl aric CElSiciri QCIADD] softwlarEl. Task;l rElquirEld for ihi;l prajeci iriclu c EI: Task 1 Prajecd M ariadElrrlerit Task a Ac c itiorial Survey MaFIFUrig Task cI Cloris'lnuation ❑acu merits Task 'l — Project Management AECCIM will to ne:IFlonsitlEl ilor pravicirig r1ii at administration aric management serviUis. This iask irlclu C EIS: • M aria h ly pragness nepari and scil- edu IEI u FIC ai • An u Flcats io til" EI Flnojecit wank plan al Flnojecrl initiation • Prajecd saheC u IEI iC Elritiilyirig major milestarias aric submittal;) • M ani h ly invoices • ClvEnlsi1't tCI %erify all C Elliverables ane iri Ciomplianae miith this ScoFIEi of Work AI'18rid onE! kick-off nr iind, thneEi Fplocpless rrlEIEItirlgs (io bEI HEdc al the Tommi of FCluniain Hills an the Flnojeat sitEl;, anc tmia city caunicil meEdinicis. The Prgjecl Mariager air ceaiclrialed uepIISS8ritati%EI will attElrid tH Eise meetings AECIOM will prElparEl ari ag18rida anc rrlEie'lirig minutes fan Eiach meeting. All meEdinicl adEinidas and minutes shall be ne%iEiwec anc appravec Ly tHEi Clily's Prgjacl Manager Flnior to cislnibulioni. ClammEirrls miill to inacmpanaied into ilhe meefincl niatEis aric tlIEI final CocurrlEirit will to diaritutElc no lalen than fire working days after necEINing the comments. Scaple of Wc0 Bus Sheller Final DElsigri Piiojecft , L re '16, aQ'la Task 2 — Additiarial Su ruey Mairlpin9 Ac c itional toplographic ;IL rusy will t e plerformec to verifj ciomrllianae with iri rpioposed P ❑P rlaull frig aneas. U'liliiiesmill be acced taIhe base marl tasEIC uplon blue slake mankirigs anc uiilit} aomrlariy pinovidec infarmaiian. The right of way lirrliiswill to deierminec using ari offsetllnom thEl ilield nl8asLnec moriLmen'I line. SEIe attaahec cosi pinorlcisal fiiom C Eloma-lia;I C orisu liing GrciL pl for the adc iiional sIu rvey :IaorlEl. Taisk 3 — Consil ru cdior EIaclU menills Tl- is cask iriclucEIS thEl plrElrlanaiiori of aoris'lnucftiori documenis for tis sheltEUl Phernaiive 'I (as cEifiriEld iri the firial caricElrltu al design as 11-e prefEmrec altennadivEl; ai 1l- a north east aorriEln oil EI Lada 91v d and La Marrlania Dr. Tl- EI Alalia will corisisi of the fallciwind items: The cemolilian Alan will bEl prepared showing thEl EiNisiing conditions of the si'le, itEirrls to be rElrrlclvec, aric ihE1 limits of demolition. Exi;Iting caniaurs wiill be shown on the plari fan nellererice. A siie layout Alan will t EI prepared to sh aw the lay out aric limits cd th EI proposed imrinov emenis. The plan will incluce AC plavERTIElrit, cionaneie sicewalks, striding, anc the tis shEdter pac locaiioni. ❑irnElnsianing and coriirol will to rlravicElc a;i dart of '11 -is plari ane will to bases Lrlon Town of Fourtalin Hill;l moriumerils. A cluadinig Alan will t EI Flnerlanec to showing ey isting caritau ns and rinoposed cluading within the limits cif work. Praposed aoniours will be rinoviced ai a orifi (1) lboi interval throuclha10 the imprciverrlEirit anea. Spat elevatioris will be rinoviced at gnaC8 breaks aric 981eci srlois aland curtirig, SkElwalk, an rlavElmElnrl. All Edevatiaris will neference Town cd Rour1ain Hills vElrtical caium. Larics(iape rllaris will be rinoviced io adarlt the e)isiing siie to the new layout. A planting plan will bEl Flnovidec is show which plants mill to removed, relacaled, or acced. An inniclaiioni plari will bEl cileaied to rriacify il-e e)isiing iriiigaiicin system io the n1EIW plarit layoui. No ric%w inniclation servicE1 tarl:I ane an'liaipaiec as dart cd the pinojecd. A detail ;iheei will to Flnerlsinec io saver acdiiiorial details not coverec ty il-e MAC Unifourn Siancand ❑eiails fan Ru Ilia Work;i C ansirucdian. SpElcificaiions will to prerlarEld to cover aanstruclion itEirris nol covered by the MAG Uniilorm Siandand Specifications anc ❑eiails fan Public "inks Carisiruciian. These specifiaatiaris will tEl pravidec an the plans. Book form srlecificatioris are nicd iriclu c Eid as part oll the civ it c EISidri package. A rchiiecl ural rllans will t e preplarec via su bccinslL Itarit 111or 1 he t L s :Il- eltEin ;il ru ai L ne. These will inalL de plans, Elkivaiioris, and c eiails. A Iternaiives fon ill EI sh Edier orientation and c esigri will t EI pravidElc du ling the scl-emaiic cesigri phase cif the pra'jeci (tElyarid minor rnadificaiians, ria changes io ffic selElaied civil site layout are anilicirlatElc as dart of lhici rinoaess). ISM atiachec cost praposal from Sharman Clesign Studios ilorihe ad(iiional arahilElciural scorls. In :IL ppcirt of the anal-iteal's design, sl ru ai L nal cialcu latioris will t EI Flnerlanec t y A ECOM far 1 he selectee r1E1w tis shelter slrualLnc. This scrape EISUU-IEIS sutmitials io il-e Town for neviElw anc commenis fan tl-e sahemaiic CEISiclri 111911), dElsigri dElvelorlrrlElrit (❑❑; , and corisinuation c oaumerii (ICD) Flhases. The S❑ and ❑D sL tmittals will to in PDF format and will include cesiclri drawings aric an encliniElen's opinion of pratatle call. The Tawri will have a review plerioc ol'Ia says ibllowec ty a aamrrleni resolution mEleiing mith il-e Tawin's prajecl team. The harc-cop} firial C❑ ;Iutmital will irialude firial cnawiings iricanporatirig the Towin';I aommerits, and an uplcaiad enclinaer's oplinion of prabatIs ciosi. SaorlEI cd Wolik Bus Shelter Firial Design Rnojeclt Ju rie '16, 3CI'17 Till EI lollom ing items mill bEi in(IlL ded in till Ei ciivil cioristnucliori dociumeril c nam ings 1189lirlcEii EI sh eeis llo'lal): • C o% er Sh eel - 1 :Ih eel • C Elneual Not Els amc ❑etaiils - 1 :Ih eel • ❑emoli'licir Plan - 1 sH Eie'l • Sille LayclLt Plan —1 sheet • Clnac irig Plan —'I sheElt L anc scacle Plan —1 sH Eie'l Fan deli%erable infarmalion Ilor the anahitecrlLnal scoFle of work, neler io 1hEi Edtacfed cosi piciposal from ShEmman ❑Eisigni Stu c ices. Assu mptioris and Exclusiciris II is assLMEld chat t1lEl Tom cif Fourilain Hills will Klno%ice all e)islling cllania oil the parking lot, e)isling cllalls cin night-cif-v&ay maps, eNisling nozic way plans, and ullilily candillicin;l within tl'El Flnojecit limiis as available. Th is SciopEI of work assumes a 6 -month pnojeci duration. Till El ilollom ing tasty s ane nol iriclu c ad it 1 hi:i ciaopEl cd work and can t e Flno% is ed as a caritraci mcidificial ion: • Conistnucliori Aldminisinaiion clEirvicieci irICIlLdinCl, but not IimitEic to RFI IIEISKICInfIEI, cionlracitar submilltal ne%iew, cicinllnacltan pay arplicalioni neviElw, puriah lists, sille %isits, as-buili doclumerii FlneFlanalion or rEl%iew, cm OAC rrieEltirig altlendairice; • AL&-bu ill survey, rEiciorc oil survey, boL ndary su rvey, or legal C El9anipiicini9; • Clnairiage or storm wader c Elsigri; • SWPPP plaris; • C eotecr riiaal invesligaiions, arialysEls, neciomrriEiridalionis, mal eria is/cioniion reccimmeridalions, ga%emenll CElsigns, sciils report, Flaving Ei%alualioni report, or paivemerit abiuciNiie cesicln report; EIXCIepl 'd9 9pEICIificially erIurrlEulalled irl this scoFle Cif sElrviaefl; • ❑rel uliliiy cciorc inaticiri, uiiliiy endirieeming designs or details, ElxaElpll as ricitec in to is scoFle cd services; • Aldc iliorial designs caricepos cin layout cH ariges; • Lighting cesign cin Flholon is anallysis; • Traffia arialysis, lnafficl Ciou rats, or llnafficl stL dies; • Utililly relocialicins aric/an cesign services; • Polholirig; • ❑eat in services Cm glaris for imgraven iia extElridincl bEiyoric the design limiis; • Alltennalive Seleclticn Analysis; • U ardscarlEl arch itecltL ne desigrdglans; • Alny enviiionmerllal WCInNl191UCiEIS incilLdincl tLt ricit lin itElC to Phase 1, PlIasEI II, juiiiadiaticirlal C etEuiminaticiri, aric z CI4 Flermit clEirviaes; • Submittals cites Eln ttl an as rolled in acciple Cif clEirmiaes at CNEI; • C ciorc irlaticirl/MEIEltincls Citl' Eln tl' an as nosed in till EI scoFlEI cif servicies at cave; • Poa CE19igrl seNICIEIs irialudirig, bLt rial limiled to sLrvey slaking and IleviElwliritElnprEltatiori of ccirtnacit doaLmendls are not Flart of illis saorle, eNaepi as spEicifiaally eurriElnalec in tHis sCIOPEI of serviuEls; • Warnarly irispeclticiris; Scaple of WcmN Bus SHedier Final Delsigri Projecrl JL ne '16, 3011 • Pcdilional putlia meeltinigs (Heryoric tHel iwCI clouniail meertinigs inulLded wiihini llhis scople of wcmH ; ; • 01 h er servioes riot idenii ifielc in 11 h is soopel oil servicers. General Conditioris AECCIN will clompllelle 11he casks srlscillically ideritifield in this Scorls oil Woull. Tasks ricit speoifioally iceruiifielc in chis SCOrlel cif Work are e)cluced. In 11he evenII Thai arcdiiicinal work items are is erritiilied, AIECOM will immediallely notify the Town cd Rauniiairi Hills Pnojecit Manager aruc provide a seFlaratel acrsi poopasal anc sahec ule for the adc iiionall walla. AEC ON will richt pnoceled with Clut oil scaple taslls with gull m nitteni auih cmizaiiom fuom ihel Town cif Rouniiairi Hills. EritilIleld to Helly: Conisisierit mith OEI prcrfelssicinal starridarc of came, PIECON shall Le elritiiled lo uely upon the aoCunacy cif calla and information pravidec ty ihel Torn ri Cm crthelns N iihClut indeplenderit relview or e%aluaiioni. Erigineel's Opinion of Prabat le C asi: The opliriioris oil prabat lel cost pIrelplanec Ey AECCIM will nepuesent its jGdgmerit ars a design Fprofessioriall and will l:e Fluo%iced fcul the general guidance of the Tawri. Since AEC ON has ria cianl1nol aver IH El acrsi cif IaEou aric maieria 1, cm CNEIII ciampleiiiive H is c irig cm market oonc iiionis, AEC CIM carinoi gu araritelel the accluracy cif th a ssiimateis as ccimplarelc io contracior bids Cul the aCItu al clod to the Tclwni. Client: TOWN OF FOUNTAIN HILLS Firm Name: AECOM Bus Shelter Final Design Project Northeast Corner of EI Lego Blvd and La Montana Dr. DERIVATION OF COST PROPOSAL SUMMARY ESTIMATED DIRECT LABOR Proposed Percent Classification Hours Rate (@2.75 Labor Cos[ Multiplier) by Hours Project Principal 1 $253.00 $253.00 0.34% Project Manager 32 $198.00 56,336.00 10.92% Sr. Project Engineer 64 $148.00 $8,472.00 21,849% Engineer/ Sr. Designer 28 $120.00 $3,360.00 956% Designed CADD 36 $94.00 53,384.00 12.29% Project Administrator 32 $99.00 $3,168.00 10.92% Landscape Architect 20 $129.00 $2,580.00 6.83% Sr. Structural Engineer 8 $178.00 $1,424.00 2.73% Structural Engineer 72 $100.00 $7,200.00 24.57% Total Hour= 293 Total Estimated Labors $37,177.00 ESTIMATED DIRECT EXPENSES Expense Cost(Design) Reproductions/Courier S 141.00 Travel $ 130.00 Total Direct Expenses a $271.00 ESTIMATED OUTSIDE SERVICES AND CONSULTANTS Method of Firm Compensation Cost Geomalm Consulting Group T&M $1,551.00 Sherman Design Group T&M $10,800.00 Total Estimated Outside Services = $12,351.00 TOTAL ESTIMATED COST= $49,799.60 4/1' CON6T1111SIGN URE DATE The cast estimates included in this proposal are valid for three months from the date of submittal. If the proposal is accepted after said period, AECOM reserves the right to review and retain or modify the cost estimate stated herein In order to appropriately reflect changing rests and salaries and similar economic considerations. Any changes to this scope of work may require a modified estimate. 6/15/2017 FH Cost Proposal Client: TOWN OF FOUNTAIN HILLS Firm Name: AECOM Bus Shelter final Design Project Northeast Comer of EI Logo Blvd and La Montana Dr. Task Nad Serfs He.Oer Shed idalHous T by Canscution 51$10 $19810 $148.01D 1 ,$4.00 $99.00 $129.00 $178.00 sloom Paged Principal Pmjed Manager SnPmjad Engineer EnignemlSr. Deaipwn Deagrad CARD Pmjea Adedwandkr Landscape AMde1 &..5huMml Engineer Shand Engineer Pmjecl Management Pmled AdminislnWa. Project We, Updan4 caresporeknse. Sdeduk. Work Plan and linvoking (6 murder dealer 46 12 32 2 Fraw iis8o0 Meiling (1 mading in Faunan His) 6 3J21 New Mcmlog,Agenda , Wres,add Mekakj3m mamas in Founlal Hi to ToxnCourdMee' s11 dealings Nis PraEw*n ran U ak 3 1 2 anstruc0on Document Sublotalglwnl= SubaallLabod= 73 111,19910 1 626919 11 $3,36810 $ 0 $10 0 $10 32 $3,16BA0 0 $0.00 2 $35640 0 tax Ccversed U Seel 11 0 4 1 4 Geneal Wks and Deal Sheen Sed 1 161 16 4 4 0 Damaged Pan 1 Sheeg 1 16.0 16 4 4 6 sle Loced Pan 11 sari 1 10.0 20 8 4 8 Caddie Pan I Green 1 10.0 20 8 4 8 Landi Ran (I Reed) 1 20.0 20 26 ShudmdCakvadons 70 6 71 ComealiiceCoslEWmale 16 4 12 GA0Can5D, DD, ACD Subminals 12 12 Pacleep and Definer Bandank Ned Fees 12 3 9 handed goes) SubalagaboH= Toalglonsi- Tanal(Labart=1 214 $26,038.ro 287 111 102.1% 0 $0.0$2,970.00 7 $26919 07% 15 32 $6,73610 11.1% 37 11$17610 64J $917210 227% 28 $J,369Aa 28 $3;36001 9.8% 16 53,18410 all $1 11.5% 0 $0.00 32 $3,168.001 11.1% 20 91 20 $2,51040 7AM 6 97,068.00 8 $1AR001i 22% 72 97,MD.W 72 57,200.0c 25.1% PiWed 61912017 6H Cast PNPi Firm Name: AECOM New Contract No Bus Shelter Final Design Project Contract Mod: Yes Northeast Corner of EI Lago Blvd and La Montana Dr. DERIVATION OF DIRECT EXPENSES SuMoil for 6.5xl 1 and 11 x1] RepmEupion $54.24 Fuu36e Reproducibn 8.6x11 and 11x17 RspmEuction Unit Coat Domrmen! Number Number of antiseptic Deeumenl Total Shells Dowmen! Numbx Numberof 1x17B&W SM1eeb per 9hadspor Document Document Tota111x17 B&W Shoals 8.5x11 88W SM1eMs per DOwment Total 8'6x11 B&W Sheets 11x17COIo]Tofal11x17 Suisse, per Color Document stare, 8.6x11 Color assets per Dwum.M Tool 8.6x11 Color Shese, a 0 3 0 0 0 Plew Pmlhni 6 6 6 36 $2.75 0 6 36 0 $12 a 0 0 0 0 TOW Dowmems 6 Tafel Shests ]4 36 0 36 0 Coat Sheet 50.08 50.035 $0.78 50.3] Binding&Cover Cort pe Docume $4.00 _ Sut'Tauls $24.W $2.16 $0.0a $28.6 I$O.aO SuMoil for 6.5xl 1 and 11 x1] RepmEupion $54.24 SubWlel for FUII$Ise Repmdupbn $62 TOTAL REPRODUCTION= $116.74 Communication Fuu36e Reproducibn OuaMty Unit Coat Domrmen! Number Number of antiseptic Deeumenl Total Shells Plans Final 3 6 18 a Total Doowmena 3 Total Sheela 1B Cart er Shwt $2.75 Binding &Cover Cwt per Docunaz $4.00 SubMuls $12 $50 SubWlel for FUII$Ise Repmdupbn $62 TOTAL REPRODUCTION= $116.74 Communication W. OuaMty Unit Coat Caet Counter 1 EeliverieYsubmiud x i u1strithil.l $25.00 $25 TOrAL COMMUNICATION= $25 6lWO17 FH Cost Pmpwal dax Rim harre1: ASCOM Susi Shelton Firal Cletsign Rrcl,jeat Narl:heast Clarnelr of 01 (Jago Bluc and Lal NlantAnal On. DERR ATION OF DIRECII BXRBNSRS New Clartmicll: Nc1 CanllracltMac: Yell Travel N umben of Purpose Round N umbo n of TOPS Days Rental Clar Clae Rentall Notal Clar $/day Fuel Cost Rentall Persional Cla n Miles pen Round Trip Total Niles Meetings a' Fountain Hills 2 $ $ 45 Counail Meetings at Ilauntain H ills 7 $ $ 45 90 $ - $ 0 0 Total Miles 225 Cost / Mile $0.575 Total flan Mileage $ '129.38 Tata I ton Car Rental $0 Sul o al loo Clar Rental and Parsional Clar $129.38 Lodging and :lubsistenae Purpose N umben of N umbo n of Rate pen '10bil people Days Day NWI SubotatalloiLodginl andSulsisteaae 90 TCIIALIIRAVIL= 9129.38 EQUIPMONI, MAITERIALcl AN D MISCIELLAN EOUS Item Quantity, Lni9 Cost Clos'I N/A $0.00 $0.00 $0.00 IICITAL EQU IPMENI, MATERIALS AN 0 N ISCIELLAINEOL S = $0 TCIIAL DIRECII EMPIENSES = 9270.12 6/19/2017 FH ClastPrallasal.xsn SHERMAN DESIGN STUDIOS Landscape Archt1mc[ure Urban Design • Planning 4/13/17 Mr. Miguel Aceves, PE AECOM 7720 North 16th Street Suite 100 Phoenix, AZ 85020 RE: Proposal for Bus Shelter Concept and Design, NEC of EI Logo Blvd. and La Montana Drive, Fountain Hills, Arizona Dear Miguel, Per our recent conversation you expressed the desire of your client to develop a bus shelter for their new project located at EI Lago Blvd and La Montana Drive in Fountain Hills, Arizona. You also requested that Sherman Design Studios develop a bus shelter design and documents for the shelter. We expect that the budget cost to fabricate and install this type of custom shelter to be in the range of 16 to 22 thousand dependent on the final size detailing, materials, accessories and design that will ultimately be developed. We propose to provide the design and documents related to the design based on the following scope of service to be for a lump sum cost of $10, 800.00. This fee does not include structural design that will be required for the project. Attached is a scope of services that we recommend as the approach to providing these services. It certainly will be a pleasure to work with you and your client on the project and look forward to the opportunity. Sincerely, Sherman Design Studios Jeffrey Sherman, RLA, Principal 1121 E Carter Drive Tempe, AZ 85282 • 802 418 9210 jeffQshermandesignsW ios.com A RTICUR 1 SCORE OF SERVIC EIS 1.1 OBSCHIR11ON OFISCCPE Lanc sc ape Arc hiteic 1's L cisic services ore: 11or the preparation c eisign conceipis and fincil c esign cine documeints for o Lus shelter in Fountain Hills, Ariaona — no.jeict tietleis: Bus Sheilter Concept, NEC of EI Logo Alvc. cine La Montano Drive, Roy niciin Hills, Arizona Md Rhase 1: Schematic Design Rhase 1.2.1. Meet with Clieni to discuss and meimorialiae the Pno.jeci's requireiments. Md.'d. Revieiw site c eivelopmeint documents for orientation o1 the shelter, access, sun anglers and ADA recluireiments Md.,". Visit the siiei for inveintory gathering and verification till existing cont itions anc Icic of ions of various elements indic oteic on 1 he site loyciut. 1.2.4, PrepIore C cinceptL al Design alierrnativeis thoi illustrate the SC C116 and reilcitionship till the sheilteir and ccimponenis with the comms nity cine the site. 5. Prese nt to c lieint and clatheir c omment from the c lie ni to select the p1reiferreic alternative. 1.3 Rhami 11. Dedgn Development Phase 1.3.1. acised cin the seleic telC plreferreic c one eipt lar the shelter reifine the opprcivec sheiliem design drawings to llurthem desc[lit El the sheiliem size and c haracter. 1.3.2. Meeit with C lient one review Design 116velopmeni ❑tic umeints for llinol design issuers cine elemenis io he incluceic on the drawings. 1.4 Phase III: Construction Dcicumeinb Rhase (Finch DeAgn)Constructiein Dcic umeinfsi) 1.4 .1. Prepare 11inol construction documents for the shelter that incluceis plans e levations anc c eitciils. this will inc ludei various details cine descriptions for the p1rapleir fabric ation of the sheilieir with the reiquiremeint tl- cit t he 1incl MilecitEic fah nic of c ii will pinovic e final shop drawings fcir thEl fabricatiori cl thEl sheiliein anc its OCCEissories. 1.4 .2. Submit c cciumenis cit the 90 % campletian tint revise c CCUMEints to mEIEii all requirEimeints of the tciwn of Rcuntciin 1 -ills for cpprcival cif the documents fcr devedcc1merit. 1.4 .3. Incorporate cammEint9 from the 90% submittal tint p1nepane find document ihat will Le usec alto pricing cnc construciicn cif the find 9heilieir design. '1.4 A d d itior eil Services L eiycnd Bcsic 916rvices such as Structural EnginElEming anc Canstnucition Ac ministration/ Review i9 not included in this scope service tint may be prcivided if cicnfinmec in writing fcii an addiiicincl negotiated fee. AR11CURi CLI9NYS RESRONSIBIL111ES 'd.'I Client cclrEIE19 is provicEl wish till infcirmatian, sur�lEiys, nepIcrts, tint p1rofessicinal reccimmenc cations tint any othEm related items requested by Lanc scape Architect in circ Eir to prcvidei its professicincl 9Eirvices. Lanc scape Architect may rElly cin the cccurciciy tint completenEiss cif tl- ese items. A.1d Client shell funriish the seir�iicieis cl thEl lollawing consultants: all cl her requireic Consulting Engineers. A, Client will obtain tint plcy for till nEiceissary permits loom cuff- orities wii h jurisdicticri ever the Project. ARTICLE 4 COMIPENSATICN AND PAYMI9NU 4.1 CliEint agreEis tc plcy LandsCOPIE1 A rchitect cis fcdlows: Phase 1: !10 err aiia Desic n Phases aric Phases 2: Design Development Rhase LUrr p su m an ouni ion the an ou ni of ;1C,4C1a.C1a, (Stix Thou sand Fou r F u ndred Dollars] Rhase 3: Constnuaiion Dacumenis Phase (Firial Design) Consiru ciion Documents] Lu m F1 flu m amount ton the amount of 4,40(1.0(1 (Fou r Thousand Now Hundred Dollars] J Notal Fee: U mip SIL mi 4.1'10,800 (lh a lh oL sand Nirie hundred and Slbty Dollais) 4.2 Reiimbursiable lxpensesi ane subject ici a multiple call 1.1 and include, but cunei ncai limitec to: nepnodL c tion, postac16, anc hanc ling cif documents; Icing distance anc 11cacsimile changes; aulhorizEac inCIVElI; and Client nequested r6ncenings and mcaceals. 4.3 Lancscape ArchitEac t shall Lill Client 11on Basic cinc A c c itional Services and Reimbursable Expenses onC6 a mcinth. All cicayrn6nts are dL e Landscape Anchitect upcan receipi of invoice. A RTICIIE 5 TERMINATION 5.1 Eiiher Clieni or UcandscClpl6 Arc hiieict mcay t6nminate this Agre6ment upon seV6n c ays wniiien ncatice. 5.'d 11 terminatec, C tient cignees to pay Lcinc scope ArchitEic t for call Basic anc Addiiicinal Services nenc erElc and Reimh urscalz 16 H) Pl6nses incurred up to the date call termination. 5.3 Upon not less than Seven 1171 c ciys written notice, LandscClpl6 Anchitect may susclElnc thEa PlEldormcance of its services if Client fails to clay Lancscape Architect in full 11can services rencEirEic or Ei)Pl6nses incurreic. Lancscape Architect shall have no liability because cal sL ch susc Einsicin of sear-, ik Ens cm termination c U6 to C lient's ncanpoyment. ARTICLE 6 LIS9 AND OWNERSHIP CR LANDSCAHE ARCHITECT'S DCCUMENTS 6.1 Upon the parties signing this AgneemEant, UcandiccapEa Arc hiiect grants Client ca nonE>clusive licenSE1 ica use Ucancsccape Arc hiieact's C cac L mEMs as desc niL EIC in this A gneemEant, provided C lient clears orms in cac c ordanc Ea wii h th6 terms call this A clneemEani . No cat her licenSEl is impliec on grcanieac uncen this Agneern6nt. All instruments of pncafessioncal sEarvicEI prepaned by Ucancsccape ArchitEaci, inclucing hit ncai limiieic to, cnawings cand speacificcaiicans, are the prcip&y cal Lancscape ArchitEact. 11hEase ccacumeants shall not be neused on othEar pnojects wiihout Landsccipea Archiiect's wniiien permission. Lancscape Architect netains all rights, including copyrights, in its documents. CliEant or caihers cannot usEI Landscope Anchitect's dacuments to ccamcl16`16 this RrcajEici wiih cathers unless Lancscapea Anchitect is found to have materially hneachEic ihis AgreEament. 3 A R11C US 7 MIISCELUANBC US RROVISIONS. 7.1 this Agreement is gavEirned by thEi Icw of thea States of Ari2iana. 7.2 this A greieiment is the Eintirei anc inteigraieic agneemEint betweEin C tient and Lcincsc ape Arc hitEici and supersedes all prior neigaticitions, stateimenis an agreEimeints, eiithein written or coral. 1 he Flar iEis may amenc this Agreement cinly Ly c writtein instrument signeic Ly hath Client and Lc ncsc c pEi Arc hiieict. 7.3 In the Eivent that any teinm cir provision of this Agreement is found to be unEinforcecible or invalid fcir any reicson, thEi remciinc Eir of this Agneemeint sr all continue in full fcircei anc Eilfect, cnc the plcidiEis c:greiei that any unenforceiaLlE1 cir invalic teirm cir provision shall Lei amended to thEi minimum extent required to make suc h term or provision enlarcecible anc valic. 7.4 Neiither Clieni nor Lanc scaplei Architect shcill assign this AgreieimEini without the wniiiein c cinsEint of the citheir. 7.5 InrespeictivEi of ciny ai her terim in this A grEiEiment, Lcinc scape Architect shall not coniral or bEi responsible 11an construction mEians, methods, tec hniques, scheic ulEis, sEiquenc Ess cm proc Esc ures; or for construction safety or any othem related programs; or lar cincither Flc rtiEis' errcros or cimissions or for c naiher Flar iEis' f0ilurEi to comPllEitEi their wank or SEINlic els in acc Circ cine EI with LandSc GpEl Arc hitElCt's c CIC UmEInts. 7.6 Shciulc any legal proceEic incl, subsequent tci mec iatian, Lei commenceic Leitweien the parties to this AgreEimeint seeking is enhance any ciil its ppiovisians, inc luc ing, bui not limitElc ta, fE1E1 pInovisions, 1 he prevailing Marty in suc h proc EiEic incl shall L Ei entitleic, in ac c ition to suc h othEir relief cis may Lei grantEic , to a reiascincL le sum fcir attorneys' anc expert witneisses' fees, whi& shall be c eileirminEic Ly the c ciuri or forum in such c proceEic incl cir in a seipIcrctEi action brought 11cm that punposei. nor purposes of this ppiavisian, "plrevoiling p1cirty" shall include a pc rty that c ismisseis an cic tion for reicoveiryl hEireiunc er in Eixc hange 11cri payment of the sum alleigeidly cue, PIEiriormcincei of cavEinants allEigEicly breicched, cir consiceinatian substantially Eiclual is thEi nelieil sought in thEi action cir ppiaceec incl. 7.7 Client anc Landscape Architect waives consequEinticil c cimageis for c ny claims, c isplutes or other malleins in question anisincl out call or reilcting tci this Agreement. Landscaplei Architect's waiver of ccinsEicluential c cimageis, however, is contingEint upcin thEi CliEint rEicluiring contraciar 4 tint i19 suh c cntroc tors 1 a waive all c cnseic uential damages againsi Ucndsccpa Architeict fcin claims, disputes or citheir mciiems in question cirising cut cif cr ralciting 1 a tl• e Prcjec t. 7.81 llo the exteni damages ane ccverac by p1nopleirty insurcincei during c cinsinuction, Client tint Lanc scaplei Anchitec t wcive all rights cigainst ecic h otheur anc cccinst thea coninactans, c cin9ultonis, agents anc employe as c1 the off er for suc h damages. Client cir Landscaplei Anchitac1, as appinopriatei, shell racuinei of the ccntnactors, ccnsultcnts, agenis end employees of cny of therm similar wciiveins in fcivor cit the other parties descrihed in ihi9 cIcrccrcph. 7.9 Nctf ing in this A cneiemeni shall create ci c cntractucil nedcticin9 hip for the benallit cf any 1 hint party. LA ND9CAPH A RCF- IOCT CLIEI II -eiffrey W. 9heirimcin, DBA 9hermcn Design Studios A EC OM Dated PninI � camei tint litle ❑citec 5 Geomaties Consulting Group 1745 W. Deer Valley Rd. — Suite 118 - Phoenix, AZ 85027 06/15/17 Geoff Stone, PE Senior Civil Engineer, Municipal Engineering AECOM 7720 N 16th Street, Suite 100, Phoenix, AZ 85020 Fountain Hills Bus Shelter—Add-On Mapping Proposal Project scope: • Previously derived survey control on site will be used. • The mapping limits are shown on the supplied 11x17 pdf file Fountain Hills Bus Bay (dated 06- 15-17) drafted onto Google Earth imagery. o All utilities within the original and add-on mapping limits will be measured, without inverts/subterranean elevations. o Utility lines will be drafted into the mapping cad file using the information supplied by AECOM. o Signage and striping are not included. o Mapping data will be collected for planimetric purposes only, no DTM will be generated. o All trees will be located but shrubs will not. • The roadway centerline momuments fronting the project site will be measured when found. The front parcel corner monuments will be searched for and measured if found. This scope does not include a boundary survey or records research efforts and no corner monuments will be set. Our fee for these services is $1,551 Thank you for this opportunity to be of service. Ron Barbala, PLS-CFedS Pdncipal-in-Charge Geomaties Consulting Gmup Office: 623-580-0921 Mobile: 602-881-1330 rbarbala0aeomaticsconsultinaa roup. com 4 Y — z u� 2 to c T I Google Eart t�► TOWN OF FOUNTAIN HILLS ANN ; g z TOWN COUNCIL , \Z� / AGENDA ACTION FORM Meeting date: 1011712017 Meeting Type: Regular Session Agenda Type: Consent Submitting Department: Community Services Staff Contact Information: Grace Guetter Marketing & Communications Coordinator gguetter@fh.az.gov REQUEST TO COUNCIL (Agenda Language): CONSIDERATION of RESOLUTION 2017 - 40, approving an intergovernmental agreement with the Salt River Pima Maricopa Indian Community relating to Proposition 202 funding. Applicant: NA Applicant Contact Information: NA Owner: NA Owner Contact Information: NA Property Location: NA Related Ordinance, policy or Guiding Principle:. Section 12 of the Gaming Compact 2002 and A.R.S. §5- 601.02; Fountain Hills Resolution 2004-34 Staff Summary (background): Proposition 202 [Gaming Compact with the State of Arizona] was a ballot measure passed by the Arizona voters in the 2002 state general election and codified in A.R.S. §5-601.02. This legislation allows for distribution of funds to be solicited by cities, towns, and counties for their programs from Arizona Indian Tribes for government services that benefit the general public, which include public safety, mitigation of impacts of gaming, and the promotion of commerce and economic development. The Compact permits the Nation to allocate 12% of the fees it pays to the State to cities, towns, and counties in the State of Arizona. Many non -profits also request this funding as "pass through dollars" from cities, towns, and counties to support programs within their communities. Because the legislation required that the funds be solicited by a municipality or county, the Town Council approved Resolution 2004-34 on July 1, 2004, which adopted the Town's policy and procedures relating to the Proposition 202 application process for the procurement of funds on behalf of various entities (i.e. as a pass through for funds). A copy of the policy has been provided for reference. The Salt River Pima Maricopa Indian Community has awarded a total of $35,000 for FY2017 to the Tourism Division. Risk Analysis (options or alternatives with implications): NA Fiscal Impact (initial and ongoing costs; budget status): NA Budget Reference (page number): NA Funding Source: NA If Multiple Funds utilized, list here: NA Page 1 of 2 Budgeted; if No, attach Budget Adjustment Form: NA Recommendation(s) by Board(s) or Commission(s): NA Staff Recommendation(s): Approve List Attachment(s): Resolution 2017-40 with attached Intergovernmental Agreement; Resolution 2004-34 (The Town's pass through policy); and the Salt River Pima Maricopa Indian Community award letter SUGGESTED MOTION (for council use): Move to approve the consent agenda as listed. Preparedby: race man- u er, uornimunications & Marketing Coordinator 10/5/2017 Director's Approval Rachael GoodvArt, Coity Services Director 10/5/2017 l . V.W� Grady E. Miller, T anager 10/5/2017 Page 2 oft RESODUTION X111-41 A RESOBUTION OF THE MAYOR AND CIOUNCIIII OA THH 'HOWN OF FOUNTAIN HILLS, AR:II71ONA, AF FIRICIVIIN G AN IN`IIHRGOMERNMHNTAL AGREEMENT W11TH THE SALA RIl VHR P:IIMA-N ARICOPA INDIAN COM MUNI'" RIELIATING "flCl PRIOPOSIMON 2(1:1 FUNLIIN G. HD IT RESOIIVFII7 BY THH MAYOR AND COUNCIL OA 1IHH TOWN OA FOUNTAIN HILLIS m fbllaws: SHCITION 1. Thu I1mlcirgovemrnen1al Agrciemenl teilwaen the Town of Founlain Hills and 1he 9ahl Plivar Airna-Maricapla Indian Cammunily relaling to Proplasition X13 fulnding for ppiomalian afl lauirism lJihci "Agrecmenil") is Lerciby aplpluovec in RtslanliallN 1he form and suhlancie altaahad Lerclto as Exhibil A and incarplaralud hcumin UN veferance. SfICITION 3. Thci Maym, 1re 'flown Manager, lhci Town Clerk and 11ja Town Atilarnay are hcireUN milhorized and dimuclec to cause thci cixeciution of the Agrccimanil and to lakci all s1leps ncicessary to carryl out thci purplasci grid inherit of IHs Resolulion. IlA9�IFIIl AND ADOPITHD ty tho Maycm and Cauncil of thci `flown of FaLntain Hills, Arizona, Octoll cul 17 , 2017. FOR THE TOWN OR FOUNTAIN HILI -IN: ATTESTHD W: Hinda M. Klan anagh REVIEWBU BY: Bevel} n JL Hcinc ar, Town Clark ANHROVDD AS TO FORM: Gravy E. Mil ler, Town Manager `flown Atlorricy EXHIBIT A TC RESOLUTION 2017-40 gh teirgauarm arital A glieem enit See fbl: awing rages. 2783602.1 Cantract No. INTERGC VIERNMENTAL AGMBBMENT BETWEEN THE SALT 114IMEM RIMA MARICC AA INDIAN CC MMUNITY A NII 'Ell H TCI WN C P FC UNTA IN HAILS This Intergovernmental Agriecirrant ("Agraciment) is enterad :into by and belweciri thle Salt Rivar Aima-Maticopa Indian Community ("SRPMIC"', a Federally-Recogniacid Iridian J iba, and the Town of Hountain Hills (the "Town"), pursuant to Scictian la Paynlant of Regulalory Cosils; Tribal Contributions II" Hacition la of thla SRHMIC and '191ate of Ariaona Gaming Compacit 2002 ("Compact"; and Art:iale Vlll, § l(h) of tha '19MMIC Conslitutian and A.R.S. J -I-601.02. MBCI1A LS 1. The SRPIMIC and the Town may enllcm into an agrjaciment withl anti anoilhar for the distribution of a portion of 12% of thle SRPMIC annual contribut:ian ("Contribution"; under Sacition :I2 afl tha Compacl to ait:icis, lowns, or aounlies that benefrl the general publ:ia ar pnomota aarrmatce and economic davclopment puiisuanil to A.R.S. §5-( (11.(1:1. a. Thle SRPMIC is authloriized by Article `III, Seclion 1(hl) of 1Iha Conslituilion ofl SRPMIC to comiull, negotiate, aonlract and conclude and periform agrleemanls with Fadaiial, state, lociaa governments and Indian 'Ilribm, as well as any parson, association, partnenshlip, aorparation, €Iavarnmanl ori other private entily. ?I. The 'flown is authloriized by A.R.S. § 11-991 thilough �j 11-954 la entar into intergovernmenllal agnecirrents withl other governmental agencicis including Indian Tribes. 4. The SRPIMIC desires to convey to 1Iha Town a portion of its annual 0% :local rnavenue-sharing aornlribulion I1"Contribufion") raquircid la be paid 110 Ioaal gavanuncinN. NCW THFIRHHCRFI, in considcmat:ion of lho foragoing racilals, which aiie i.inaorporaled harain, and the ciovanants and ptomiscis scat fhrih below, the SRPMIC and 11 ha Town hereby r ulually agilae as follows: AGREEMENT ] . Hunposc. The purposci of thlis Agiluernad is to set forill 1Iha riighls and rasponsibilillies of tha paries with rasped to lhci paynlarit and dislribulion of lhla Contribution(s), as herie:inafter defincid. 247V 16.2 2. Contribution: 'lhci SRAMIC shlall provide 1Iho Conitr1ution lla lho Town, in lrle amount of $35,000, fcillowing axacut:ion oil111is Agreamiarit. The Contribution shlall be used solcily fon Ilia Town's Maur sm program. 'loial Disbunscimiant: $35,000 3. f layment and Use oil Bunds. a. Use of Bunds for Purposes Othler Than to Fulfill Agreamienit. 'Hhci 'Ilawn shall use lhci Contribution) only for the axprass purpase conita:incid Herein. bl. lnspeclion anc Audit. 'fla arisune compliancie wi111 this Agreemiant, lhci SRPMIC haraby nesenes 1Iha riighil to inspact any and all recards miainitair.lad by 111e 'Ilawnl with rcispeat to this 1nar.Isaationl upon) sevan (7) cat's plriiar, writtan r.lolice to 1ha Town. Tlla 71owr.1 shall allow 1ha SRPMIC rciasanab la accoss to the recards partain:ing tharcito.'This section shlall surviva tcirminlatian, cancellalion, ar ravoaat:ions, w lethlar whola on in part, of this Agrecimianit for a pariod oft one (l ) year following the dalci of such I erminal i on, lance 11 at:i on, on nevocal i ori. 4. Management all the Plrojeat. a. Usa of Conlributions and Recardkeep:ing. 'Hhlci Town shall hlava raspons:il ility fdr c isbursing the Contribut:ians to 111a recipients in amour.Its aansistenit wilh this Agreem ani. Wilhin a reasonable time fcillowing raaeipt of the ClonitrIutions from lhci SRPMIC, the Town shall usci thla Contribut:icins in accordance with appl:iaable Town policies and praaadunas governing 111a use of funds. The Town shlall kcicip and ma:inlainl records relating to this A greemanl. Ill. [INTEN- MONALLYI LENT BUANIQ.] 9. Noticies. Any nlotica, cammiuniaat:ian car modificalion shlall ba given in wriiling and shall ba givan by ragislered or carlified mail or in parson to lhci fcillow:ing individuals. The carte aflnaceipll of such noticas shall be thle dale 111a notice shlall be daemac to hava been givcin. For 111e SRPMIC: Delbart W. Ray '19r., President Salt R:ivar Pima Maricapa Indian Community 10005 FI. Osborn Road Scotlsdala, Ar..'aana 8529E 24799 1(1.2 2 For llha Town: G rady E. M i l:l cir, 'Ilawn M anager dawn of Fountain Hills 16705 East Avenue oflthle Fountains Founlain Hills, Arizona 85268 6. Transactficmal Conflict of Inteircist. All part:icis hlerela aaknawledge thlal thli�i Agrciemenl is subject to aancie lation by the Town pursuanl 4a the provisions ofl Secilion 3S -`I11, Arizona Revised Stalules. 7. Teem and Termination cif Agrcieiment. a. HfUict:ive Data. Thlis Agreemicmt shall ba effeclive on 11.1a date it is signed t y thle SRPM]CI authlorized rciprasenl at:ive. b. 'Ilcmn. 'llhis Agraement shla11 ciommence uplon Vha Dffactiva Dale and stlal:l larminalla whlen thle Contribution alas becin reaaived and fully used by the 'Ilawn, as specified in Sact:ian a of Vh:is Agreemanl. S. Ind emnificiation. a. Indemn:ifciat:ian. Hach party (as "Indenmilor"; shall indenmifly, defend, and Mold harmless the other party (as "']ndcffnnitee"), ills govarnin€1 body, officcirs, dcipartments, ernpllayam and agcmis from and against any and all suits, actions, legal or administratiuci praaaedings, claims, demands, liens, fossas, fines or penalties, damages, liat ility, intarcisil, attornay�i, aansultanls and aaciounl ant foes or assts and cixplanses off whlatsoever klind and nature (co:llactiucdy refereed to as "`Claims"), but only 4a 11.1a extenl thlat such Claims which rasu:ll in v:iaarious ldarivat:iva liability to thle othler party resulting from or arising out cif I11.1a negl:igancia or willful miisaanducl of its emp:layeas or agents in parformin€1 the dulies set farlh in 11.1is Agreament. b. Scivarabi:lity. Thlis sealion shall survive termination, canaal:lation, or revocal ion whelhar who Ie or in parr, of lhis Agreemanl for a plciriod of one (:I) yciar frame 11.1a date of iucih Iarminallion, cancallalion ar revocation unless a t:imicdy claim is filed under A.R.S. �j 12-8:11AI, in wtlich aasa this paragraphl stlal:l rama:in in effect for eacihl claim andilor lawsuit filed thlereafller, but in no event 4.1all Vhis paragraplhl surviva mord than five (5) years ffom thle date of term:inalion, canacdlalion or revocallion of thl:is Agreamant. 9. Inter pietation cif Agreement. a. Hntire Agrciament. '11his Agraciment conslitutas the enilire agileemicint bcitwcien thle part:icis peri aining to thle sut jact malter aanilained herein, and 2479916.2 3 all prior or acini cimporaincious agr cements and understandings, oiia or written, are hereby superseded and merged herein. L. Amendment. This Agreemiant shall not be modified, amended, alterad, ori ci lanElad excel11 by written agream ant signed by both partias. C. Conslniction and Intorprelat:icin. All pravisions of thlis Agreemiant shal bei construed to ba aons:istanl w:ilhl thle :inlanlion of the parries as expressed in lha recitals conlained heriain. d. Relat:icroshlip of the Partias. Naithen party shall ba deamad to be an amployae cir agent aflthle clheri party to this Agreement. e. Drays. Drays shal l m aan calendar days. L Severabilit-y. In thle avaril thal any provisions of this Agraemanl or tha application thlerieof is daalarad invalid ar vaid by slatuta or judicial deoisicn, such acdion shall have no efftict an cilheri priovisicns and their app'iaation which can ba given afftict without thle invalid or vaid priovisicn or application, and 10 this axlent tha provisions of tha Agreamiant ara severable. In the event that any provision of thlis Agraement is daalarad :invalid or vaid, each party agrees to meet promptly upan request cif the other party ;in an al tempi to reach an agreement on a subst:itule provision. IU. Non -Waivers of Sovereign Immunity. Nalhlinq in this Intergovernmental Agreement shall be construed to waive thle Sovereign Imimun;ily of the SRPMIC. IN NNY]INESS WIHIERECF, the 'flown has caused this Intargovernmenlal Agrieemicnl to be appraved by the Town Council; executed by :its Mayan and allested to by :its Tawn Clark, pursuant to lhla above slated powars and authority, and lhle SRPMIC has caused this Inlerigovar=antal Agreement to be executed by lha SRPMIC Council and atl asl ad tc by its Priesi dent. This Agreement is effdct:ive upon signature of a duly appointed representative oft the Salt River Pima-Mafacipa Indian Communily. 2479916.2 4 IN WI-flNBSS WHBRBOF, the Part;icis haves executed this Agreerr cnt. SA LIT RIVER TO WN OA FOUNTAIN HILUS, PIMA-MARICOPA INDIAN COMMUNITY, an Ar lama Municipal C orpovaVion: A Federally Ruciognized Indian Tribe: By:_ Narnicr 11 s: Dao ce 7475916.2 Name: IJinda M. Kavanagh Its: Mayon Date: A'HBS'1: Bavelyn 1. Bandcui, Town CRR APARIOVIAL C A SHPMIC ATTORNEY glhca undersigned atlarney acknowledges That s/hla has reviawed lhca abavca Agrleament on beahalf of lha Sall Rivcw Pima-Mariciopa Indian Community, and has detennined tBal this Agrlecimeant is in piiopam fdrrn and That execution hereof :is within thea powers and authority granled under lha Constitution oft 1he Sa:11 River Pima-Mariiaapa Indian Communill y, A rti cl ca VII, §1(h). Thli s ackdowa cadgcament sha1:1 not constitute nor ba conslruad as a waivear of thea Sovereign Immunity of lha Salt Rivcar Pima-Maricopa Indian Community. General Counsel Dlalia ANPIRC VIAL C I'1 C ITb ATTORNEY In acaardanaea w:ilh Thea requirements of A.R1I. § 11-952(D), lhlea undars:igncad attornoy aakrlawledges that (i) ,i/ha blas revi owed the above Agraement on behlalfl of the Town of Fountain Hills and Ilii) as to the Town of Fountain Hills only, has dcalermined That This Agrlecameant is in propear form and thal eaxacut:ian hcarcaaflis within the powars and authlority grlanled under lhlea :laws of lha Statca of Arizona. Hawn Attorney 1475916.2 E Date 1AIN TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM �r+at i& Rr'L Meeting Date: 1011712017 Meeting Type: Regular Session Agenda Type: Consent Submitting Department: Administration Staff Contact Information: Craig Rudolphy, Finance Director, 480-816-5162; crudolphy@fh.az.gov REQUEST TO COUNCIL (agenda Language): CONSIDERATION OF Litilking Authorization with the City of Tucson to allow the Town to utilize Tucson'sProcurement Card Program. Applicant: Applicant Contact Information: Owner: Owner Contact Information: Property Location: Related Ordinance, Policy or Guiding Principle: Procurement Policy and Town Code Chapter 3, Article 3 Staff Summary (background): The Town's Procurement Policy allows for the use of a Purchasing Card within a Procurement Card Program. Currently, the Town is utilizing a Purchasing Card issued by ,IP Morgan Chase ander a cooperative purchasing agreement with the City of Tucson. That agreement will expire on November 14, 2017. The City of Tucson issued a Request for Proposals (RFP) in 2016 to continue or replace its current Purchasing Card Program and Virtual Payments. The ensuing contract was ,awarded to the 'Bank of America. In order to continue the Town's Purchasing Card Program, staff is recommending that the Town enter into a new cooperative purchasing agreement with the Bank of America to utilize its new the Purchasing Card program. Risk Analysis (options or alternatives with implications): The Town's current Purchasing Card will expire November 14, 2017. After that date, the Town will no longer have the benefit of a Purchasing Card. Fiscal Impact (initial and ongoing costs; budget status): None. All costs are bourne by the vendor, Bank of America. Budget Reference (page number): Funding Source: General Fund If Multiple Funds utilized, list here: Budgeted; if No, attach 'Budget Adjustment Form: NA Recommendations) by Board(s) or Commission(s): Staff Recommendation(s): Approve List Attachment(s): Page t of 2 SUGGESTED MOTION Icor Council use): Linking Authorization with the City of Tucson to allow the Town to utilize Tucson'sProcurement Card Program. Prepared by: Direcror'S Approval Craig RutlalphVFinance Diredorf- / iBILTY�19"' A rovetl: 5' Grady E. Miller ovm anager 40tvF&017 Page 2 oft CITY OF TUCSON PURCHASING CARD SERVICES LINKING AUTHORIZATION Municipalities, school districts and government agencies of the State of Arizona (each a "Local Public Body") are authorized under the City of Tucson Purchasing Card Services Agreement to utilize the procurement card program of the City of Tucson, which was awarded pursuant to competitive bid, ("Procurement Card Program") as the basis for establishing a procurement card program with Bank of America, N.A. This Linking Authorization is entered into by Town of Fountain Hills ("Company") and Bank of America, N.A. (`Bank of America") as of October 2, 2017 (the "Effective Date"). By signing this Linking Authorization, Company requests and Bank of America agrees to provide to Company the procurement card services as set forth in the City of Tucson Contract��'' Purchasing Card Program and Virtual Payment Solutions between City of Tucson and Bank of Ameriicaldated as of 5Arl 31, 3NI (the "Card Agreement"). Capitalized terms used in this Linking Authorization, not otherwise defined, have the meanings given to them in the Card Agreement. Company acknowledges and agrees that it has received and reviewed a copy of the Card Agreement and agrees to adhere to the terms and conditions of the Card Agreement, as amended from time to time. Company represents and warrants to Bank of America that 1. it is a Local Public Body; 2. its contracting for procurement card services with Bank of America, and its performance of its obligations under this Linking Authorization and the Card Agreement will not violate any law, regulation, judgment, decree, order, ordinance, charter or procurement rules and regulations applicable to Company; and 3. it desires to utilize the Procurement Card Program of the City of Tucson as the basis for establishing a procurement card program. Company acknowledges and agrees that, notwithstanding anything to the contrary in the Card Agreement, Bank of America may disclose the following information about Company and its procurement card program to the City of Tucson and to each other Local Public Body that utilizes the Procurement Card Program of the City of Tucson as the basis for establishing a procurement card program with Bank of America: (i) Company's name and the fact that Company has entered into this Linking Authorization; (ii) name, address, phone and email address of Company's procurement card administrator, and (iii) aggregate information about Company's annual Transaction Volume. Company acknowledges and agrees that its Transaction and spend volume will be aggregated with that of the City of Tucson and each Local Public Body that utilizes the Procurement Card Program of the City of Tucson for the purposes of calculating Transaction Volume to calculate a rebate, if any. Company will receive its pro rata share of a rebate, if any, based on its Transaction Volume. This Linking Authorization and the Card Agreement constitute and represent the entire agreement between Company and Bank of America regarding the procurement card services Bank of America provides to Company anywhere in the world and supersedes and extinguishes all prior agreements, understandings, 1268686.01 rev 022415 representations, warranties and arrangements of any nature (including requests for proposals and other sales material), whether oral or written, between Company and Bank of America relating to such procurement card services. IN WITNESS WHEREOF, the parties hereby execute this Linking Authorization as of the Effective Date. COMPANY Signature _ Name: Title: 1268686.01mv 022415 BANKOFAMERI .A. Signature: Name: J Dart Title: C(tcjt,+ h'(2M��rr-r .Direr+yr Bank of America Corporate Card Service Agreement This Bank of America Corporate Card Service Agreement (the "Agreement") Is made by and between Bank of America, N.A., a Bank of America company, ("Bank of America'), and City of Tucson ("Company") and shall be effective upon the signature of the Offer & Acceptance Page )RFP InSbH4) by the City of Tucson.("Effect Date"), 1"1197 V Tha terms "we", "us" and "our" refer to Bank of America. The terms "you" and "your" refer to Company. With our corporate Card Services you are allowed to open Card Accounts for your business purposes. You may select one or more ofthe following card programs: purchasing card program, travel and entertainment card program, accounts payable card program or fleet card program, and the anclllary services set out in Section 18 or this Agreement (each a "Service", collectively, the "Services"). You may begin using a Service once we have approved such use and we have received all required and properly executed forms and you have successfully completed any testing or training requirements. Whenever you use a Service, you agree W be bound by this Agreement, as amended from time to time, and to follow the procedures In the applicable Materials. 1. DEFINITIONS AML/Sanctions Laws. All applicable laws relating to client Identification, the prevention of money-laundering, terrorism, the use of proceeds of crime, economic orpolitimi sanctions, Including Sanctions, and any other similar matter. Applications. Proprietary Software and/or Materials accessed through our digital platforms or through any of our third parry vendor sites; and any related services used to provide the Services, Including (1) the Global Reporting Management System ("GRAM") hosted by MasterCard, (1i) a on platform run by us, (1II) a payment center for US cardholders ran byTotal Systems, IN) the Works System, and (y) any other third party vendor we may use from time to time. Billing Statement. The official Invoice provided to you, Parttlpant and/or Cardholder which Identifies each Transaction Posted during the billing cycle, the date of each Transaction and the applicable fees and charges, payment amount due and Payment Due Date. ` easiness Day. Each day on which we are open for business related to the Services. Card. Each plastle charge card which we Issue for your Card Account using a Service. Card Acmunt. Each MasterCard- or Visa" account which we Issue to you orto a Cardholder with respect to a Service, Including a Cardless Account, Card Administrator. one or more Individuals designated by you In writing, as our primary correct for the Card Accounts, who is authorized to take actions necessary or appropriate to malntaln the Card Accounts, including without )Imitation designating persons to recall Card Accounts, receiving communiatlora from us related to the Card Accounts, requesting the closure of Card Accounts and otherwise communicating with us with respect to the Card Amounts. Cardholder. Your employee or any other person who you designate In writing and who we approve to receive a card. d you or a Cardholder makes a Card Account number, Convenience Check, or a number associated with a Cardless Account available to another party, that person will also be considered a Cardholder, CardlessAccount An Account for which we assign only an account number, but m Card Is Issued. Cash Advance. Use of a Card Amount to obtain cash from a participating financial Institution, merchant or Automated Teller Machine, to write Convenience Check or to obtain Items readily convertible Into cash, such as money orders, trawlers checks, foreign currency, lottery tickets, aslrw chips and reco-track wagers. Confidential Information, All hdormatlon consuming or relating to a party or airy of its affiliates, employees, agents or represenrativet, Including: h a party's business practices and strategies or Information mncerning business practices or strategies, including any documents prepared by party or any of Its employees, agents or representatives (Including lawyers, accountants and fine nclal advisors); and I. any other Information which is manifestly confidential by virtue of its natu re or description or which a parry expressly designates as being confidential. Convenience Check. A check which we may provide to you, upon your request, to draw on a Card Account. US Corp Card 012015 vi t 23.3 Acts and omissions. Neither party will be responsible for the acts or omissions of the others officers, employees or agents (Including but not Ilmlted to the amount, accuracy, timeliness or authorization of any Instructions or Infomsztion received). We will not be responsible forthe acts or omissions of any other person or entity, Induding any clearing house association, card network or processor, any US. federal Reserve Bank or any other country's central bank, any other financial Institution of any supplier (except for our suppliers providing the Servos under this greement), and no such person or entity will be deemed our agent. 23A Subsidiaries and other persons. If you permit any Subsidiary or other person to access one of our Servlet installations on your premises through use of a remote access software Package, we will not be responsible or liable for such Subsidiary or person's use or misuse of our Servlce or access to amounts owned by you and for which you did not authorize that Subsidlary or person to have access vis your Installation. We may and will treat all Instructions and Information received by us through this arrangement as provided by and for the benefit of you and subject to all our rights under this Agreement with respect M a Service. 23S Form majeure. Neitheryou nor we will be liable for and will be excused from any failure or delay In performing our respective obligations for a Service If such failure or delay Is caused by circumstances beyond the control of the other parry, Including any natural disaster (such as earthquakes or floods), emergency conditions (such as war, riot, fire, theft or labor dispute), legal constraint or governmental action or Inaction„ or the act, omisslon, negligence or fault of the other. 23.6 compliance with law. Neither party will be liable for any failure to ad on As part If such Party reasonably believed that Rs action would have violated any law, rule or regulation. yktEl3Y q:nl�liUa9 If any provision of the Agreement or the application of any such provision to any person or set of circumstances Is determined to be Invalid, unlawful, void or unenforceable to any extent, the remainder of the Agreement, and the application of such provision to persons or circumstances other than Mose as to which It is determined to be invalid, unlawful, void or unenforceable, shall not be Impel red or otherwise affected and shall continue to be valid and enforceable to the fullest extent permitted by law. No delay or failure to exercise any right or remedy under the Agreement shall be deemed a waiver of such right or remedy. No waiver ofa single breach or default under the Agreement shall be a waiver of any other breach or default. Any walver under the Agreement must be in writing. 26. YOUR REPRESENTATIONS AND WARRANTIES You represent and warrant to us on and as of each day on which we provide a Service to you that; (1) you are a body corporate acting within the scope of your ordinary course of business and you are not a"consumer" for the to mases of any consumer credit legislation, or regulatory guidance or codes of conduct applicable to customers (and, if you believe that you have or may become a "consumer" for any of those purposes, you will notify us immediately of that fact). Further, you acknowledge that you will not be treated as a consumer for purposes of the Agreement, and laws and regulations relating to consumer protection shall not apply; III) the Agreement constitutes your duly authorized, legal,valid, binding and enforceable obligation; (III) your performance of your obligations will not violate any law,regulation, judgment decree or order applicable to you or facilitate Illegal transactions, for example those prohlbtted by the Unlawful Internet Gambling Enforcement Act, 31 U.B.C. Section 5361 at seq; (N) you are In compliance with all AMVSanctlons laws and are not aware of any breach by you or your Cardholders of any such laws;.; (v) the debiting of any account as provided In the Agreement b not Inconsistent with any restriction on the use of that account; (VI) all approvals and authoriza0ons required to permit the execution, delivery, performance and consummation by you of the Agreement and the transactions contemplated under the Agreement have been obtained, Including but not limited to due authorization from each appllmble third party to allow you W transfer funds and access Information from such party's amount; and jvll) there is no bona fide lawsuit tax claim o r other dispute pending or threatened against you which, if last, would materially Impair your financial condition or ability to pay us under the terms of this Agreement; and (VIII) If you are a Particlpa t, you have authorized the Company to take any and all actlons on your behalf related to the Agreement and any Services you receive, Including binding you to the terms of this Agreement. 27. ASSIGNMENT Neither party (You or We) may assign the Agreement, or transfer any right or delegate any duty or performance under the Agreement, without prior written consent of the other party, which shall not he unreasonably withheld, provided, however, that the Bank may assign to a Bank of America affiliate without consent. E:ff.T4144P,14,`ti 28.1 Entire agreement. The Agreement and the schedule of charges In effect for you, as amended from time to time, are hereby Incorporated Into the City of Tucson Contractp{Bh1SY,(— Purchasing Card Program and Virtual Payment Solutions which constitutes and represents the entire agreement between you and us m arding a Servke we provide to you anywhere In the world. In the event of conflict between the ClWs and Bank US Corp Card 0120150 1'j1511y 14 Meeting Date: 1011712017 Agenda Type: Consent TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORINT Meeting Type: Regular Session Submitting Department: Development Services Staff Contact Information: Marissa Moore, AICP, 480-816-5139, mmoore@fh.az.gov REQUEST TO COUNCIL (Agenda Language): CONSIDERATION ORDINANCE 1#17-12, relating to scrivener's errors contained in the Canyon -side Lots Ordinance 17-08, which was approved by the Town Council on September 5, 2417. Case #Z-2017-06 Applicant:. Development Services Department Applicant Contact Information: Marissa Moore, AICP, Senior Planner, 480-816.5139, mmoore(a-).fh.az.gov Property Location: Town -Wide Related Ordinance, Policy or Guiding Principle: Fountain Hills Subdivision Ordinance — Section 5.10 Canyon Side Residential Development Staff Summary (background): At the September 5, 2017 Town Council meeting, the Council approved the Canyon Side Lot Ordinance. The approved Ordinance contains two scrivener's errors: 1. An incorrect ratio of 1:3 referenced in Zoning ordinance section 1.12.A, that will be removed; and 2. An incorrect description of the slope requirements in footnote "f' of the summary table in Zoning Section 10.09 that will be amended. The subject Ordinance will correct these errors. Risk Analysis (options or alternatives with implications): If the proposed amendments are approved, inconsistencies in the Zoning Ordinance will be resolved. If the proposed amendments are not approved, the discrepancies will remain in place and imay cause confusion with interpreting the Zoning Ordinance. Page 4 of 2 Canyon Side Residential T -17 Ocmber 2017 Fiscal Impact (initial and ongoing costs; budget status): NA Budget Reference (page number): NA Funding Source: NA If Multiple Funds utilized, list here: NA Budgeted; if No, attach Budget Adjustment Form: NA Recommendation(s) by Board(s) or Commission(s): NA Staff Recommendation(s): Staff recommends that the Town Council approve the proposed Zoning Ordinance text amendments as related to canyon side residential development. List Attachment(s): Draft Ordinance #17-12 SUGGESTED MOTION (for Council use): Move to approve ORDINANCE #17-12, relating to scrivener's errors contained in the Canyon -side Lots Ordinance 17-08, which was approved by the Town Council on September 5, 2017. Submitted by: Ma llBsa Moore, AI P, Sr. Planner 10/3/2017 Director's Approval: Robertdge s, Development Services Director 10/3/2017 Approved: Grady E. f filler, own Manager 10/4/2017 Page 2 of 2 C RDIINA N CE 17.12 AN ORDINANCE OF THH MAY014 AND COUNC]III CF 'IIHE TCWN OF FCUNTAIN HIIJIIS, ARII21ONA, ABI11I0VIINC THH PJEMISED CANYON SILIH LOT OADINANCIH. WHEREAS., the Mayor anc Counail aflthe'Ilawn of Pounlain Hills (the "Town Couriail") appravad Ord:inanca Na. 17-:12 on Saplember -`I, 2017 apprav:ing lhu Canyon Sica Lot Ordinance (11he "Crdiriarice ; and WHEREAS., the Town Clauncil desires to revise the Ordmariaa to coniecl scrivener's arrors in acmirig Suctions ] .12.A and :I C1.09 footnote fl (the "Rlavised Ordinanca"). NO W. 'DHHRIEF ORE, BE IT C RDA INEDI HYI -HHE MA YC RI AND COUNCIL C F THH TOWN OFl FCUNTIAIN HILUS as follows: SHCTION 1. The rec:ilals above are haraby incorparaled as if fully s at fbrth herein. SHCTION 2. The Fourilain Hilus Zoning Ordinance Chlaptar 1, Suction 1.12.A is hereby amendad as fol:laws: A. C anyon-side Lot: Wilhlin a sirigla-family rasic unlia;l zoning d:istriial, any ;1a1 or parcal with slopes aqual to or gipatar than 30°/a (" as detarmiined using the malhlods described in Sucticin fl. 10 of this Zoning C rdinanaa. SECTICN 3. ThE HeLntain Hills Zoning Ordinance Chapter 10, lection 1C.09 kollnctE f is herEby arriendEclas fcllcm: fl Lols on whiah the housa foolpiint has an avaraga ratura] slope in excess 0 equal to or greater than _I0% ara parmitlad to nliliaci the modified front salback anc height standards flrir canyori-sic a lot, as delcn-mine pursLant la suction 3.10. SECTICN 4. The Rlavised Canyon Side Ual Ord:inanau shall be affective as of Novamber :17, 21017. SECTICN -1I. Thu Mayor, thlu Town Managur, thlu Town Clerk and lhle'Ilown Attorney are hereby aulhloriized and direclud to take all slcips necessary to carry out the purpose and irilent of this Rluso;lulior.. BASSHDI AND ADOATED by 111a Mayoi and Council oft the Town ofl Pounlain Hills, C atober 17, 20:17. FOM THE TOWN OF FOUNTAIN HIIILS: Linda M. Kavanagh, Mayar RFIVIEWEII BY. Crady E. Millar, 'Bowe Manager A TTESTE DI TO: Bovelyn J. Bandar, Town Clark A PPRO VEll AS TO FMORM: Town Atlomay TOWN OF FOUNTAIN HILLS z TOWN COUNCIL 7), AGENDA ACTION FORM �+$t is A Meeting Date: 10/1712017 Meeting Type: Regular Session Agenda Type: Regular Submitting Department: Public Works Staff Contact Information: Randy Harrel; Town Engineer rharrel@fh.az.gov, 480-816-5112 REQUEST TO COUNCIL (Agenda Language): DISCUSSION WITH POSSIBLE DIRECTION TO STAFF regarding the open vs. closed status of the Technology Drive gate. Applicant: NIA Applicant Contact Information: NIA Owner: NIA Owner Contact Information: NIA Property Location: Technology Drive - gate just north of Saguaro Blvd. Related Ordinance, Policy or Guiding Principle: NIA Staff Summary (background): On 3-2-17, the Town Council considered the open/closed status of the Technology Drive gate, which is located just north of Saguaro Blvd. The Council (on a 4-3 vote) directed Staff to count/study traffic, bath with the gate open and closed, as follows: "Councilmember Yates MOVED to conduct a traffic count on Saguaro Boulevard and Technology Drive for 45 days and then 45 days count with the gate open with placement of a temporary sign, "No Commerical Traffic" at the entrance. Vice Mayor DePorter SECONDED the motion adding that the Mirage Cove [Condominiums) should provide input on the metrics used for the counting and Counciimember Yates agreed to the amendment." (The full Council minutes for this agenda item are attached.) BACKGROUND: The existing gate on Technology Drive was installed by the Four Peaks Plaza developer (Barclay Group) in approx. 1998, per the Town Council's stiputions for that project. It is Staff's understanding that the stipulation requiring the gate had resulted from Councilmembers' discussions with various area residents. The gate has been normally closed since that time, except for public works essential open periods, including: 2094 - Street Drainage and Pavement Failure Repair - The pavement on the Alley at Laser Drive fell apart due to prolonged, intensely wet weather; and had to be closed until a stormdrainlunderdrain and pavement reconstruction could be designed, grant funded, and constructed. The gate was opened so that Alley traffic could be detoured onto Tecnology Dr. 2014 - Shea Blvd. Widening/Reconstruction - The gate was opened for several days duration, so that Technology Drive could provide the overnight detour route for Shea Blvd. traffic, while Shea Blvd.'s pavement was being milled and overlaid. 2016 - For utility work. Page 9 of 3 5-8-13 thru EI -35-17 -For 49+ c ays, 'I t e "Gate Open" plod icn oil 11 t is study. Sinae its inillial acnsinLction, IFE1 Technology Drive ga,e Fas bEien c nsatisilactoryl io various business owners on Tect nology Drive and in 'I t e Laser Drive area, sincEi the gate foraes southboL rid S agL aro Blvc . i Rafflic to re- ROLte eitt er criio Shea Blvd., 11F en onto Technology Drive; on else frorr SagL aro Blvc . onto Iha AIIEiy wes'l of Tect nology Drive;. Conversely, the Mirage Cove HOA anc the Firerock Ric ge HOA have consislan111y favored the galla remain rig alosed, dLE1 to concerns REigarding Feadlights, noisEi, 11Raffic �olurre, aric safely. (A Fisloriaal listing of "lleal-riology Gale Infcmmalion" is at'lacted.) CURRI3NT STU DY: Following the 3-2-11 Town Council direcllion io s'lc dy the gate, Sltafil rrell with residerils of'It a Mirage COVEI Sc bdivisiari cri 3-13-17 to disal,ss 111'e kpiaposed 'IRafflic counts. ijSlee R. Harrel's 3-21-17 Iellter and rrap, atlaal^ ec ; which were rr ailec to 109 affected area adc ressEis. A mapl of the rr ailing area is also attached.) -IRaffic counts were taken for 49+ days will the -leaf riology Drive gale in its normally closed position (ilnom 3-2- '17 110 5-7-'1 i'. Tlhen, ira Technology Drive gale was oFlened, and inaffic aoc nils were 'It en taken for an additional 45+ days IJfrom %-8-1710 6-29-17). (-IF a 9 -inch higt stack of traffic coy rii reports garierated is availat le Ilan viewirig L pon reqLEist. Trafilia count graphs, for bolt the Gale Closed and ira Galla Open cap I% fan all three count local ions, are atllacited. (These grapl^s inalLde "Hourly TRafflic Disllnibu,lion", "Total --raffia Volume � s Date", aric "❑aily-lraffic Flow". AI Heavy -Ing ak Volume Slurp rr ary Table is also atiaal• Etc .,' Upon conclusian of if E1 trafilia counts, 'It e - lecl^ nology Drive gate was 110 -closed, klendirig Town Counail direction. 11AI 7-5-17 article 11nom 11`0 Fountain Fills -limes regarding ilt is study, is abaci• ed. .AINAILYSISI: -traffic was iypiaally t igl^ est on Frideiy s, sc Friday 11Raffic t as keen 11y pically analyaec in this report.-IRaffic on Saguaro Blvc . and TE11cr nology ClaK a weRE11 far below, but the Alley sligh'lly e) ceec ed ills rr axirr urr target c align �olurre (lordy wten the gale was closed;, as follows: ilSlee 11-8 attached annulated "Roac Sltandards -lat le" ilrom the Tawn's SIL t division Ord inarice for 11`0 aFlpliaat le rra) irrurn target c esign volt rr as.) Localion Average Daily Trafllia ilvpd) Design Ma). \�cd. (vpd; Gate Closed GallEi Open Ijper SIL t'dn Ond.) Saguaro Blvc. 794 738 7,000 -lechnology ❑Rive 0 102 5,000 Apley 312* 9i 300 * Criteria e) ceac ed with ga' Ei Clastic. Corr Flaring 11 r e Gate Closed ll Raffic � olurra acunt wil r the Gate open coy ril: * Tolal lraffic volume (surr of all 'It ree streets) Rec uced sligr ly Q40jo;, due 'lo the count c ales. * 102 vpd (averagEl' dig erled to Technology Drive; Fpurrarily diverted from . r e Alley. * Trafilc diverted to -Haat• riology Drive, prirri arily frcrr the Allley if naughoL 1 'It e c ay, peaking ail 13 vph c iverlec frorri the Alley. * Ovarnight -raffia (10 PM - 9 AM) was nearly rion-existant cin t ollt the Aley and on -leaf riology Drive, 1hnoLgt out the slucy peniac . * Truck traffic \olurre was nela,lively ligf 1 ilon all cif lll-e study locations, in both counts, and didn't divert significantly. * Alley traffic, wl• ict slightly a) needed Town design criteria with 'It a gale alasEid, reds cac to being signifiaanllly t elow it all criteria witt the gate open. Staff received a few inquiries/corn rr ents at aull headligt lls, noise, traffic volt rr a, and/or sailety c L ring 'It a Galle Open penicd. Page 2 of ] The Town has no other public streets that are gated (although most private streets within the Town have been gated, at the developers' requests, with Town Council approval). (Note: Two public streets have been dead - ended by the Town to prevent excessive cut -through traffic (Stancrest Drive at Hampstead Drive - adjacent to the High School; and Mustang Drive at Palisades Blvd.) There have been zero reported accidents at any study -related intersection during the past 4 years (8-1-13 through 8-3-17). (These study -related intersections are: Technology/Saguaro; Technology/Alley; Technology/Laser; Alley/Saguaro; Alley/E-W Alley; Alley/Laser.) CONCLUSIONS: The previous Council's original decision requiring gating of Technology Drive (prior to Four Peaks Plaza's construction of Technology Drive from north of Laser Drive to Shea Blvd.) had been based on neighborhood concerns, prior to the actual construction of Four Peaks Plaza; i.e. before the actual effect of the gate on traffic flow could be quantitatively determined. This "Gate Open" test provides the opportunity for the current Town Council to determine whether gating Technology Drive is currently needed, or not. Opening the Technology Drive gate shifts about one-third of the Alley traffiic onto Technology Drive, whose much larger width and better vehicular sightlines can better accommodate that traffic volume. 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 ff Multiple Funds utilized, list here: N/A Budgeted; if No, attach Budget Adjustment Form: NA Recommendation(s) by Board(s) or Commission(s): N/A Staff Recommendation(s): The Technology gate's status is a policy decision, and therefore Staff will defer to the Town Council's determination. List Attachment(s): Vicinity Map; Council Minutes (from 3-2-17, Agenda Item #7); Technology Gate (Historical) Information; Traffic Count Locations Map; Letter to Residents/Businesses (R. Harrel, 3-20-17); Mailings Area Map; Hourly Traffic Distribution graph; Total Traffic Volume (ADT) graph; Daily Traffic Flow (3 each); Heavy Truck Volume - Summary Table; Friday Summary; Road Standards Table (Sub'dn Ord. Table 1, annotated); Fountain Hills Times article dated 7-5-17. Documents available, upon request: * Traffic counts - Daily Summary (hourly, by day of week, at all 3 intersections) - 35 sheets. * Heavy Truck Counts - Daily Summary (hourly by day of week, at all 3 intersections) - 35 sheets. * 24-hour Classification Counts - 5" thick, report data. SUGGESTED MOTION (for council use): Move to direct Staff to permanently OPEN/CLOSE the Technology Drive gate. Ai;ipraved: 4, rady E. Miller a anager 10/2/2017 Page 3 of3 TOWN OF FOUNTAIN HILLS 4 DEVELOPMENT SERVICES DEPARTMENT n VICINITY MAP TOWN BOUNDARY McDOWELL MOUNTAIN PARK _ T owl I - 3 �F � 11 MAK �1714,11--goter s _/ ro TOWN HALL SCOTTSDALE � Q4�B FroM4FOF PN'-� I Ev � \ £� I `1 I SCOTTSDALE axu ew i } �MyyvMq $'nl N I MTECHNOLOGY�� O we GATE sI ----------- --'----------------------- NORTH SALT RIVER PIMA MARICOPA INDIAN COMMUNITY er loo SCALE: 1" = 3500' REG ULAR A G HNE A AGENDA IDDM #7 — DISCUSSION WITH PCSS BIIH DIIaHCTION DO STAFA REGARDING THB THCHNOLCGY GATE. THIS ITEM WAS ADDBD 'DO THE AGIINDA AT THE RHOUEST OF COUNCIIJMHMBHRJ ART TOLIS, COUNCILMIIMBERJ CHCHI YATES AND MAYOR LINDA KAIVANAGH. Town Manager Miller rieviewa the baakgrciLind irifonria1lion in a PawcirPainl prciscintatian (availallci on-linci or in lhci aff ce of iho'Dawn C lark; re€larding Ile plaacimurit of il1a gallei ais a sl:ipulalioni altachad to Ile 91eia Rcitail Curitcm (Foum Heralds Plaza) p1lidliminaliN pllal and Town Manager Millur noled thea p1lioposed aetian ais follows: • C ansidcmallion of liamoving 11.e gala all 'laehr.olagM Drive; and 41 hislall:ing signs p1rahibitiri€l aommciraiail veMclas Mayar Kavanagh aaknawiled€lad 1hall a nunildar of ailiaeins had submitled spciakcir cards. Town Clcmk Hcndcm abOscic that in acd liori iia 11osa w10 wisleid to speak lhall sho hoc also liaeetivad cards from ailizans mita ind:icatec lheir posiliar.i on lihis issucl, ]dull who die not wisl to spciak ilwanlIN-six aitiacr.is weire against rcmaving the €laila wilh ilhreci cards conlaininig arily a phonci riumibeuli]. "Ahc citizens lisled belaw submilled speakcm camds indicating they did not wish to sneaik amid exnnessed opposition to the proposed naticn all eifleming/remeiving the Hate flar the fallawing neasons: 1huN waril tla streicd gaitci la bci closcid; opposcic 'la optiring up Tcichnology I]rivci duce ila cimicciss riaise anc traffic; weilfitrci oflthci surrounding residcnts should coma 11ciforo the thiae rriir.iutci inconvcnicricc to truck drivers; wauld arty ineliama ilnack traffic noise in nciarldN resicenlial areas; traffic wou c affcicl tho safcity of childrein in lho arcia; noisci waulc ineraasci iri a ourreirrlly civicil rie glborhaad; headlighils wauld shinci direially inlo a rusidurits ffaril caor and ladroarn wiindow; 1aa much 1liaffic anto a ona lance Saguara Bciuluvard; pluliahascid tomer knowing gale was inlacl. *Nail MLmeil *'JL is y Tlhi l l *Madcl:ine Pa:lmcir *Pailriaia DeSmel *Mary Mucdaar *David MLiaalall *Nancy Diggions *Free Sal Lila *Rageir M. Griffing *Mari annie Abral am s ar.i *C.L. Clascirrian *Harriet Fllinkclruan *Saridra C. Griffri€I *Dale Smith * Sil civc Thom as Jr. *C l arias Hal I 'Joyce Gerk ei 'Frank Pad an "Garry Maguirci "Jim 9imek *'Tion] Murp by "Kanncth Kradle *'M ar Leigh Jahn son 1' The citizen listed belawi submitted spuaiker camda indicating they did nat wish to sneak and cxpreasecl suppart lkrr openings rcmovi n8 the gait a: *Clleni Forc z:�council paaksts\20 Ili 170406 170302m.docx Page 4 of 8 Mayor Kau anagh raquesl ad il H a speakers bei Ballad up in arc ar of l t o cards reciei vec and 'Hawn Clark Bundeli sl a1 ad I hero Mara ai ghl ciarc s submitl 1 ec . Michael Arcihamibaull, a Founilairi Hills rasidant sinaa IU2 and sarvad ori IEa HaLinteiin Hills down Counai l frame 200:I- :1010, statec to wets a buisiness owner in 11.e areei; hci expllairied Thal the gall cid nal hi rider His bus inass ane that the athar tuisinesses in tha aliaa felt tha same. Bu ;indicialad that the only possibla incariueniencie was fali tto U -Haul truiak loaailion. Ho explliassad iltail the gate was nal businciss unfriencly aria liamindad Councii:lmicirnturs that the gale wets instal:lad al the requesil of oilizans thrauigh are initiailive. Mr. Aratamibault silatad ilial tha Targclt Canilar was prNailalN awr.iec and any trucik issuas warn thair plliablaun. Mr. Aliahar.ibaulil adcad Thal tfia C aur.cil's ra9planisibility was for lhu safety and wialfarci of tha "Down's aitizaris ante suggcisled Council carlacit all rasidurils in lite arcia and sae if they wiauld applrave the galla rernoveil. Ptyliss Karn, a Fauir.itein Hills rasidenl and tusinass owner, spoke in favor of apening tha gats and slnessec 1Eara wets a safcdy issua invalv:irig truciks allerr.pting to antar the galod araa and than baciking aut in tha attempt to fine analhcin onlry location. Ms. Karn 9lalad that 17-Naans ago she rnel will the Chamtor of Commarca aria all A hamciawriers ail theft timci supporlec the gats ba opariad, but :laakad any acdiori. Ms. Kane raquesilad additional lima to zdlaw naightars to axpra9s heir support. Ms. Karn suggcislad a sirs marith opar.i gala ilrial period and monitor the rasull in Napes of improving tE a 'llown's E L s inciss imaga. Sherman AbraEarnsan, a Fountain Hills rasidenit for a:i€Itt Nears and Eamiciowner in M.inagci Cova, spokci in apposiliarl Ucipening lhci gate ane statec theft marry naightars he splake with quiestionec why Cauncil was oncie again adcrossing tho'Heclhro:lagyl gats. Mr. Atnahamson slliessed that uplari tha purchase of his homo ho was lolc the Tacihr.olagyl gate wou.lc ba parmanorl and tad beam approvad t the down. He nolad lhal his drNawaN was 151 stops from the gate ane truiaks wha waulc allempl to Lisa ilio gated araa lackuc tha spacie naecad to rraka a safa antranaa. He also waulc noil want an iniciroase in lnaffic and axp:laincid ltail was a safely facitar. Mr. Abrahamsan raquesilad Cauncil leava the gats alosec as promiscic. Gecmge Smilt, a Founilairi Hills nasidant and Mirage Cove Eamclowner, stalec to had v:is;ituc throe ciffamenl busiriass laeatec on TcichnalogN aria wharf asked the businass awriers answiarec tE a gats did nal affeat thair businass al all. Mr. Smith saic he ha also visit& the Fira Deplarmerd lacatec on Saggara Bou:lavEmd and fouircc out tial tha gate hoc nal anaatuc a t u iiden for than. la rcispond to an emierganay . Mr. Smith askad C ounai l to .l aavo iha gate alosec . Frank F:inkelman, a Fauntain Hills resicenl aria Mirage Cova rasidenl for 30-yaars, poirRec out iltail the Hown Councid in pllaae at thal lima, the rusiderds and Target Plaza hac rciquesilad the €lata insilalled. Mr. Finkcdrr.an gavci a tricif cimplanaliari on tha gats planning and riatuc tEal truiciks eauld not safely riavi€laila the inlarsecitian zrt Saguano Eloulavarc arid Tcichrlolo€ly Driva, and if atlampltuc, tto truiak wou:lc turn into anicioming traffic, tencie lte reason fan tha plaza cintranaa off of Shaa Elaulavarc to acclommodatu delivarias. Mr. Finkalman plainlad aut Thal whernavar ilea ciscussicin was prusanilad on tha gats plroviaus Tawr Council's aplplascid its nemoval and uphold tha inilial ppiomise to tfia nesicanl9. Dam Diggins, a Fountain Hills rusiderit and cuinianl Pliasidant of Mirage Cave Homeawnicirs' Assaaiation, painted out Thal his home was c irucitly across from tha gatci ane he was lold by the real asteta brakar upon plurctasin€I that the gats wets permenenl and ilio down was ciommittad ila keapin€l tha gate cilasad. Mr. Iliggins also mcintianec that aurranilly whan illiaffic crave in the aplposito dilieetiari anc towares the Saila ilea lights from the uehic:las shins on his hauiso and Thal was with tEa gate a:lascid. M1i. Diggins also noted ilea curnanil "Fountain Hills Businass Park Access Sigrl Plan" catad Juno 30, X102, lislad tEa signs aplpiiovec flar tha galad aliaa and dinacdec traffic into the'Har€fail Plaza antranaa alilarnative. Mri. Diggins gauo the stalistics on a eitizcin sLmuey presented by tta "Fourdain Hills Timiu9" in Augulst :ICI:15 asking wtelter tha gatci stoulc be opened an Tachnalogy Dniva anc 27% voted ila opan the gala and 13% uotad to laeiue iha gta closad; ha askad lit Cauncil to har.ior the aommitmanil to tha aitizeris, kaepl the gats alosec ane opan anly for emergancius. Caunailmiemibar 11agaii asked Mr. Diggins how mariN car.icos wera laclaled in Minagci Cova and Mr. Diggins answercid :IE with all signing tha plailition prusantuc oxeapil fali Iwo homeowners who aauld nal be rciaahec. In rcisplanso la a cluiastion from Couiric:ilmambar Tolis, Mr. Diggins staled he die noil knaw how mariy wera plan-tima or furl -lime residents. Oc ouncil packet9\� OM 1" 0 X106` 170302m.docx Page 5 of 8 Kali] lvciascin, a 20 -year rcisidenl of Founlain Hills, s1rassad that thea irrtemsaclion was riot desigil(ic far hciav)l ilruck ilraffic or any kind of traffic duce to poor streacrI desigrl. Mr. Ivearscan re:iteralead preavious spcakears on bus:iriass being affeacilcid and acded the gaatea scparatos the businesses from the rosidear.it:ial prcapleiiies and liequcistck Counail leave lte gate in placie as promisee. Cluisl aplher Young, a Founlain Hills reskanl ane emplaNcia of ileo Founlain Hills U -Haul MoNing anc Storaagea, withdraw his raqucst to spleub. Caunailmeambear Brown slalod he aoulc not support ilte rcmaNa:l aflthea gala ane would upltolc previous ncgolialians and Council's docision. CouriailmamlJor Brown riatcic ltal iIte gale was also sE awr as part of lho final pllal. Mayor Kavanagh askcic Town Atlarney McGuirea iflthe Town could ba liable fon aec:icenls that couac occur sinea the 'flown Nad approNed and instal:leid ilia gatea. Town Altomoy McGuire slalad it was impossiblea ilea gums and oxp:la:ir.iod that the slaracard tha 'flown was tele to was ifliil was a reasonaHe acdiori or the slancard aflaarea was raasaraabla in the C ouneil's deicis ion. Mayor Kaivaraagh eaxpr(iss& conaern Thal GAS apps couk cireacll iraffici to thea Teachnalog)l gala insleaad of ilhe desigilaled emlranae affl 9toa Bouleavarc; 'Dawn Manager Millar praplasad Iat slaff cioulc canlact the major mapping companim aric raqueasl rav:isionis in areas iltail neaedead to to revised. Counailmeimt or Maagaainea eanicurrad with C auncilmember Brown ragarc ing the inilogrity aft ill• a Council with cit:iaear.is anc also was nal willing to ovearturni a preaviav3 Counail ducision an the gate. Counailmamtor To:lis eixplaainod ha had visiilad the situ, spate to surrounding busiriassus, and viawed tha Minagea Cave arcia; he was salisficid that the tLsinesses welaa not diraclly implaclad by the alw ad gate and cou:lc sae w1arei Mirage Coves woe ld be aff6citec wilh the gate being opeiriod and Ihankeic lhose citizens wto eaxpreiss& their opinions. Hes staled hei had Liraderslood that thea aplein:ing aflilla gale would bei acvanlagoous to the residents. Caurac:ilmamber Ilatos erpllaossad lea was arrpaill•erlic to lhis silual:iori anc gavel his viciw on lhei eeonomia deNelaprranl sides of lhei argLlmeant plainling aut Thera wera mulilipla aavals that tad neat beaen liasolvad an thea gale issue anc for ltal reiason ill had mover Eaeri reascaly& and it keipll an raturning for fulnNor disciuss:ican. Vicie Mayar D(Parler praplascid a lriaa] period with aatua l lrafific CGUrIs so Counail haac a bases to make thea Bast ceeisicani for Ia commLnill) and added lea could riat support op€ening ilto gala al this ilimei. Cauracilrrerrber Tcalis engagoc iri a discussion with Mirage Coves HOA plreisidearat Mn. Diggins about tha specific tamcis affoct& ifllhe gale wou:lc ba oplonec and Mr. Diggins stressed that thea unanimous Nota ofltha rusidonls was riot to apes tt a gal a anyt i in a. C caLinicilmembeir Yates suggested the Tawn haNa a traffic metric and he nianlionec using a speicific time la measure 'll1a illaaffic rale anc firic out ifllhe traafpie :iraareiasec on Saaguara HauleNard and than the issLie rela'Iad to thei'Deahr,ology gala eau I c bei c acideic and riot brougtl Lip aagaini. Ccauncilmembem Ilegeua gave his findings aftala ilost:irng GPS apps aric nciled thosei aplps usec dic nal diracl traffic, sp(ic:ifiaa ly U -Haul, to the Teichrialog)l gale and in ftial, d:iliaclec traffic to thea deisigilalec onlrance off of Shea Haukivarc. CClUr.ic:ilmamber Ifegor reiviewed the Tawn's History on the traffic paltearni ofltha Targeat Placa plroieicl aarad haw it eNalvead. Ha explrossad lherei was no need to open lhei gale and sla'Ieid ltal eNary fbw yaars thei residerds in this area wcuaa cisruplled anc streissoc ovear iltis issues; it was not Mir to lhem and ha bal:iavac :il was imporlaw ilea upltald thea plrav:iaus neagoilialec ecammitmerd to Miragei Cave resiconls to build trust with tha cailizens in Thal area. Ccauneilmembcr Ileger maainlair.ied that theire neiodeic to t e an end la 1t is dabale ane -tat ho supparis :leiaNing thea pla-Ia cilcascid. Mayor Kavaanagt stated lhal everylone hac been heard and reicLiestead a moil ion. Cauncilmembali Yailes MOVED ilea condual a illiaffic count cans SagLlaro Bci leNard and 'Deehno:lcagy Drive fall 4'l Gays and than 45 Gays caurl wiilt the gale opein with plaaceameint of a tomplaliary sign, "No Commancial 'Dnaffic", cat thea unlranaa. Vica Mayor DaPorer SECONDED III motion adding that the M:ilaagea Covei should plrovida input ani tha medricas useic flm the caLnt:ing and Couneiameambear Yates agreed to tNa amandmenl. z:�a ouncil packets\20M 110406'1 70M m.docx Page 6 of 8 MaNcir Kavariagh ask€id for a licila aa:ll vote. Covric:ilrriamiberYales Aya Ccitiiricilmamber Illeigur Nay MaN or Kavar.iagh Ay, a C auricilmember E rown Nay V sae MaN or IlciPortar AN e C auncilrrembem Tlolis Aye C aLncilmembcm Maglaaina Nay The m ati an C IARR] ED (4 -3). AGENDA ITHM #8 — DISCUSSION WITH INC SSIBLH DIRECI'IIION TO STAIRE RELATING TC ANY ITHMI INCLUDED IN THE LEAGUE OR ARIZONA CITEIS ANH TC WNS WEEKLY LEGISLATIVIE HUBLETING OR REIBATING TO AN M ACTION DRO PO SED OR PENDING BEHORE THE STATE4 I1E1GISLATUR111. a. HB3365—WIREIJESSIRA( IILITIES; CIO LBO CATION; RIGHTS-OF-WAY 'flown Managlar Millar static that s'laff had cariourris on leis bill allowing w:ira cess facility aorripanias r:iahts to :iristall ciquipmanl wilhin thci Town's righlls-cif-ways, duc la 1he proposm iritrocLialion of a nciw `IG 9cirviae with inawas cid data splclec. Ha riotac 1I1,a Lleaguo hac ullima4laly deaidcld Ila bci nciLitral iri their position and 1hall HB2=1(fl piss& Vte Hausa and had becin Iransmiltec to thci Senato for a vale allowing) lhci bit to nova quickly,. Mayor Kavanagh acdec that she followed url ar.i tha current sVatus of 1I1is bill am slalleid Iheirci wound be a lot of chariges madci and plcinleid oul that Hauntain Hills had alwiays Hcien gooc when ncigot:ialing with cclllular eomplanias, but thare wercl some C.ilicis and Towns I hat weirci di ffi au.1 l and thus tho rclquesil f or 'I hi s t i 11. Town Manager Milleir eommenled ori HH249`I noting) that it inuolveid sales tax (TIPTI) arse requirac an aleuiliari to le held for any incrciasci in a currant rater; 1Ihis bill cou c affao Hauritain Hills. Ha sa:ic thci Lclagua had agreiec that Vte Vale was aveniaaahing into laaal conlral issues. Hei merdiariad that ihci bill hoc plasscid 1ha Houses arid was in far Scinale voles wihara 11 e Lciag-ja apposec :i1. Town M anaglar Miller aaknowl idgac the Council's car.iseinsus to appose HB 2451-`I. CouniailmamEar Hagan askcic aboO tflc1 Towne's pusfl Haab aaliori pinaviausly on 1he T1PT issuci anc Mayor Kavariagh respariced that thci Tlcwin was iri lite p1iiacciss of working w:ilh 1he Luaguci to adcneiss issues and ment:ianec that Senator Navanagh cixpllaincid 1hal tta Hill wouk bei a huge hit to Ariaona's C eineral Wrid and lhei Sclrialor had feill it would riot go thrciuigh. E. HEAGUE C E CITIES AND TC WNS BULLETIN(S) No Councii] discussion. AGENIIA ITEM h9 - COUNCIII DISC IUSSION/DIRECTIC N TC THE 'DOWN MANAG HR Nonci AGENDA ITHM #1(1 - SUMMARY OH COUNCIL REQUESTS AND REPC RT ON RECENT ACTIVITIES BY THD MAYOR, INDIVIDUAL COUNC H MEMBERS, AND THD TOWN MANAGER. Malar Kavariagh aaknowladgcld Cauricilmambar Tolis' announcement and congllatuilalions to thea lay's Haskcilball team an their meant cit ampiariship. Tta Mayor's YouVt CaLncil visited thea Statei Capital and had a teihlr.id 1he saeria lour providec by Senatan Jlohrl Kavanaah will. 91ale Rapresclrltativa Jay Ilawrenae and Miatal i Reglan grcalling iIfa students; Spaakcir of lila Housci JI.D. Masnard invitcid Them irdo his offica and axplaincld what was invalvec in his position. Mayor Kavariagh thankcid Tlcwr.i Mariageir M:illcir and Town slaff mambems Haadhem Wara ane Bciata Bol can fan assisling in driving thci stkend's down) own. z:`council packels\2017\r170406' 170102m.docx Page 7 of 8 TECHNOLOGY GATE INFORMATION (HISTORICAL) Table of Contents Planning and Zoning Commission Meeting Minutes 1. Minutes from 2/10/2000 — Items #4 - #7: Shea Retail Center rezone of 28.6+/- acres to C-2 PUD, Cut/Fill Waiver application and Preliminary Plat 2. Minutes dated 2/24/2000 — Items #4 - #6: Shea Retail Center rezone of 28.6+/- acres to C-2 PUD, Cut/Fill Waiver application and Preliminary Plat 3. Minutes dated 3/9/2000 — Items #3 — #5: Shea Retail Center rezone of 28.6+/- acres to C-2 PUD, Cut/Fill Waiver application and Preliminary Plat 4. Minutes dated 9/22/2005 —Item #6: Conceptual Plan for the FireRock Industrial Block, Lots 68 & 69 5. Minutes dated 10/27/2005—Item #5: Conceptual Plan for the FireRock Industrial Block, Lots 68 & 69 Minutes from Town Council Meetings 1. Minutes from 3/21/1996—Items #25-29: Mirage Cove HOA 2. Minutes from 4/4/1996 — Item #21: Mirage Cove HOA, Preliminary Plat 3. Minutes from 6/20/1996—Item #9: Mirage Cove HOA, Final Plat 4. Minutes from 10/3/1996—Item #7: Mirage Cove HOA, Resolution 1996-70 5. Minutes from 2/10/01998—Item #1: Firerock Country Club 6. Minutes from l/7/1999— Item #20: Proposed Target Shopping Center Work -Study scheduled 7. Minutes from 2/2/1999 — Item #1: Work -Study on proposed Target Shopping Center 8. Minutes from 3/18/1999 — Item #10: Participation Agreement with MCO/FH Sanitary District to remove effluent field for proposed Target project 9. Minutes from 5/20/1999 — Items #12 and #13: Public Hearing and Consideration of application to amend GP; Staff report dated May 4, 1999; Staff report dated May 10, 1999; Staff report dated May 20,1999 10. Minutes from 11/4/1999— Item #9: A proposed mini -storage facility (Case#PD99-04) 11. Minutes from 12/16/1999— items #17 and#18: Ordinance 99-35/Target mentioned 12. Minutes from 3/16/2000 — Items #13 - #17 continued to 4/6/2000: Ordinance 00-06/Sales Tax Rebate/Shea Retail Center Cut and Fill Waiver application and Preliminary Plat 13. Minutes from 4/6/2000 — Items #12 thru#17: Ordinance 00-06/Resolution 2000-17/Shea Retail Center Cut and Fill Waiver application, Preliminary Plat and $987,000 Appropriation; Staff Report (Ord. 00-06) dated March 31, 2000; Staff Report (Resolution 2000-17) dated April 5, 2000, that includes Staff Report dated March 31, 2000; a letter dated April 3, 2000, from CK Engineering; letters from Gordon Riehl and Clifford Van Kalsbeek; and a Fountain Hills Times article dated March 22, 2000. xAcchnology gam asfec ssWyvechWo ygate nn manors table of contents.docx 1/13/09 Page 1 of 2 TECHNOLOGY GATE INFORMATION (HISTORICAL) Table of Contents 14. Minutes from 4/20/2000 — Items #21 - #24 continued to 10/5/00: Resolution 2000-17, $987,000 Appropriation, Shea Retail Center Cut and Fill Waiver application and Preliminary Plat 15. Minutes 10/5/00— Items #9 -#11: Presentations by (i) the Logical Land Use Committee, (ii) Laser Drive Industrial Park Users, and (iii) Barclay Group on issues relating to the Shea Retail Center Development; Sample of Firerock Residents' original petition included 16. Minutes from 10/19/00 — Items #11- #16: Design features of the Four Peaks Plaza, Resolution 2000- 50, Resolution 2000-17, Shea Retail Center Cut and Fill Waiver application, Preliminary Plat, Right -of - Way abandonments, and $987,000 Appropriation; Two (2) Staff Reports dated October 13, 2000 (Resolutions 2000-50 & 2000-17) 17. Minutes from 4/5/2001 — Item #11: Revised Economic Agreement concerning the Target Shopping Center 18. Minutes from 5/17/2001— Item #15: Development Agreement to allow replat of Lots 68&69 (Firerock Industrial Park); Staff Report dated May 11, 2001, and the Firerock Industrial Park Alternative Hillside Preservation Agreement 19. Minutes from 6/7/2001— Items #14 - #16: Amended and Restated Economic Development Agreement and Rezone of 29.24+/- acres 20. Minutes from 7/5/2001 — Items #15 and #16: Shea Retail Center Development Agreement and Final Plat; Staff Report dated June 29, 2001, and the Shea Retail Center Development Agreement 21. Minutes from 5/16/2002— Item #11: Comments made within the AT&T wireless site at Laser Drive 22. Minutes from 8/15/2002 — Item #5: Resolution 2002-32 Easement Abandonment within the Four Peaks Plaza Plat Boundary 23. Minutes from 9/5/2002 — Item #9: Ordinance 02-13 amending truck routes; Staff Report dated August 20,2002 24. Minutes from 3/6/2003— Item #7: Mentions Target and the Four Peaks Plaza 25. Minutes from 3/3/2005—Call to the Public: Comments made; Item #13: Town Attorney to follow-up 26. Minutes from 1/5/2006 — Items #14 and #15: Amended and Restated Alternative Hillside Preservation Agreement for Firerock Commerce Park and Final Replat for Firerock Park relating to Lots 68 & 69; Amended and Restated DA relating to Lots 68 & 69, Business Park, Final Replat 27. Minutes from 3/16/2006 — Item #4: Four Peaks Plaza mentioned 28. Minutes from 6/5/2008 — Item #2: Budget discussion regarding automating the Technology gate 29. Copies of As Builts: Civil Improvement Plans and the Grading and Drainage Plans for Four Peaks Plaza Other 30. Letter dated November 3, 2008, from the Mirage Cove Condominiums HOA 31. Letter dated January 13, 2009, from Robert Tripp 32. Letter dated February 18, 2009, from FireRock Resort Casitas HOA Board of Directors and membership zgechnology gate traffic smdy4echnology pie infommrlon table of contents.doc% Ih3/09 Page 2 of2 y � � VA x p •I P �M t � A �e� � T �'�§7� Y ��tbuT' �;�j x DEVELOPMENT SERVICES .0 TRAFFIC COUNT LOCATION AV -ALES _tea ry 1 UHAUL / t� T SAGUARO BLVD _-- MIRAGE COVE S CONDOMINIPS IA �~.� Technology Drive Gate — Traffic Counts -VAIN 1 I 4 p r - ffi Town of FOUNTAIN HILLS •91"6af Is Adb°c Development Services Department March 20, 2017 Dear Resident/ Business Owner: Re: Traffic Counts to Study the Existing Technology Drive Gate (located just north of Saguaro Blvd.) - Usefulness and Effectiveness Please be advised that the Town will conduct the following physical traffic study: Traffic counter type: Dual road tubes, to determine traffic flow in each traffic direction, 24 hours per day, 7 days per week. Traffic counter placement locations: • Saguaro Blvd., approximately 120' east of Technology Drive • Technology Drive, approximately 80' north of Saguaro Blvd. • Alley west of Technology Drive, approximately 130' north of Saguaro Blvd. Traffic count types: Total traffic volume — hourly, by direction and time/date. Traffic volume — hourly, by classification type (i.e. trucks (by number of axles), cars, buses, motorcycles, bikes, etc.) (Vehicle Speeds will also be available from the counters, but are not anticipated to be utilized, due to the proximity of the existing intersection.) Authorization: Town Council direction to Staff from their 3-2-17 meeting. • Duration: 45 days with existing gate closed, to determine existing traffic flow. (3-20-17 through 5-5-17.) • 45 days with existing gate open, to determine the traffic flow change without the gate function. (5-5-17 through 6-20-17.) • Gate will be closed immediately following completion of the study. After completion of these traffic counts, Town Staff will report these results to the Town Council, for possible direction regarding the existing Technology Drive gate. Thank you. urs J1,PE, R dy SE, RLS, CFM Town Engineer 16705 E. Avenue of the Fountains — Fountain Hills, Arizona 85268 —(480) 816-5100 -Fax (480) 837-3145 Page 2 Manch SIO, 20:17 C cr Hanorab ]e Mayor and Town Counaia Grady Mi:l ] er Paul Mood Roberl Rodgar9 MC SC Captain Day.'c Belloumeau Fire Cha of I Dava 011 16705 E. Avenue of 1He Four taints — Aountain Hills, Arizona 852163 — (480) 816 -5100 -Ram (480) 837-3 P :I A �fiM • 4' I /r1 1 L r � s rrr i d9 ?) ss Z IfiS 0611 Si ` n ppy S d s be TARGET p Ar T' w ' r J�y4 WV� FO � 3 n R We �41hH ANP DEVELOPMENT SERVICES MAILINGS AREA MAP L r s "at p C fi <. 6)SS 1 - p41 SAGUAR6 BtVD �: 6 F1IkAG.E CgVE Ii 6.:D m CDNDDMINNMS F � n � R i . LL J�y4 WV� FO � 3 n R We �41hH ANP DEVELOPMENT SERVICES MAILINGS AREA MAP Hourly Traffic Distribution (Average Friday - Peak Traffic Day of Week) 30 25 20 y —VPH- ALLEY (GATE CLOSED) 15 '^ d —VPH - ALLEY (GATE OPEN) - VPH - TECHNOLOGY(GATE OPEN) L= VPH - TECHNOLGY(GATE CLOSED) .... .. ;. T. •F a! ". 0 �C\d - a a a a a a a a¢ a a a u 0 0 0 0 00 0 00 0 0 0 0 0 0 0 o g g 0 0 0 0 0 = 754 Total Traffic Volume (ADT) vs Date - Friday (Peak Traffic Day) 1000 Avg = 315 Gate Closed Gate Open Avg (on all streets)=1069 Avg (on all streets)=1027 ,n Y 900 Avg = 728 y 800 V1 700 Q 600 Avg w 500 E 400 _ADT - SAGUARO BLVD (EAST OF GATE) 300 —ADT- ALLEY(WEST OF TECHNOLOGY) r 200 ADT-TECHNOLOGY DR (NEAR GATE) F 100 0 e N Cl @ @ @ @ 2017 @ @ @ @ @ @ @ @ @ @ @ @ @ @ 9 9 'O 9 9 9 'O "O 'O V 9 V 9 D LL LL LL LL LL LL LL LL LL LL LL LL t LL = 754 Avg = 315 E. ��aaa000uuppppu Technology Dr Gate Study Daily Traffic Flow -Saguaro Blvd (East of Technology Dr) 100a 900 800 ADT (GATE CLOSED) - March 20 To May 7, 2017 � ]00 600 _ADT (GATE OPEN) - May 8 To June 25, 2017 a 500 Volume Range (Gate Closed) m with Gate pend OFF 400 Volume Range (Gate Opened) t d > 300 200 100 0 i J i J J J J �e\aP SJ�QP �O�OP ��5OP yP�QOP ��O��P �J�QP E. ��aaa000uuppppu Technology Dr Gate Study -Daily Traffic Flow Alley (West of Technology) 450 ge nI el VIIII mII oIII'IluIIII 400 wGate ithCI 350 �11IIIV II III —ADT (GATE ADT(GATE CLOSED) -March 2 0 To May ], 20 1] 300 ADT (GATE OPEN) -May 8To June25,2017 S250 rI lPI�OIR�PI I - Volume Range (Gate Closed) 200 IPI Volume Range (Gate Opened) tTW 150 withGateOpen 100 500 JaI i < SIId p�III JII�AII as CEO ,C2SP Technology Dr Gate Study - Daily Traffic Flow Technology Dr (North of Gate) rao 120 100 01,410ala, ADT (LATE LIDSED)- Ma20To Mey7,201] —ADT (GATE OPEN)-May 6T so June 26, 2017 Volume Range (Gate Opened) w `-' 60 — Volume Range with Gate Open ao — 20 Volume Range with Gate Closed March 20 To May 7 (Zero) a r MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY SUNDAY Technology Drive - Gare Study Heavy Truck Volume - Summary Table Ry day of week 1211012015 AVeraRe Trucks/Weekday Trucks/Day with Gate Closed Trucks/Day with Gate Open Location Gate Closed Gate Open Mon Tue Wed Thurs Fri Sat Sun Mon Tue Wed Thum Fri cat Sun Saguaro 11 11 10,1 11,6 9.7 12.4 11.1 4 3.6 8 14.8 9.8 14 9 4.2 3 Technology 0 1 0 0 0 0 0 0 n ().5 2 0.5 1 0.3 0 0.3 Alley 4 4 3.4 5.6 3.1 3.4 2.6 0.7 0.9 2.3 6.5 2.S 4.8 �.5 1 0.8 Notes: (1) (dPavy) Triirkc = 3 or mora axle vehicles, - - - - (2) Gate rlored roust taken by road ti,hac oo 3-20-17 to 5 -?-1 7 (3) Gare open rouot- taken by road tuhpr an 5-8-17 to 6-25-17. 1211012015 FRIDAY PEAK HOUR (vph) FRIDAY ADT VPD (% of Design Max Vol) Gate Closed Gate Open Vol @ Hour Vol @ Hour SAGUARO BLVD 66 vph @ 12 Noon 67 vph @ 12 Noon TECHNOLOGY DR N/A 11 vph @ 1 PM Gate Closed ALLEY 29 vph @ 3 PM 17 vph @ 12 Noon, 3 PM, 4 PM & 5 PM Design Max Vol (1) vpd FRIDAY ADT VPD (% of Design Max Vol) Gate Closed Gate Open Design Max Vol (1) vpd SAGUARO BLVD 754(11%) 728(10%) 7,000 TECHNOLOGY DR 0 102(2%) 5,000 ALLEY 312(104%) 197(66%) 300 1) Per Subdivision Ordinance Table 1: Major Collector (S6') Minor Collector (40') Hillside Local (26') Using the following closest street type (With Pavement Width in Parenthesis): Saguaro (64') -7,000 vpd Technology (40') - 5,000 vpd Alley (28') -300 vpd Fountain Hills Subdivision Ordinance Table 1 ROADSTANDARDSTABLE Location Street Type Right -of- Maximum Minimum Maximum Minimum Radius Minimum Reverse (This Study) (Pavement Way' 2 -Way, Design Roadway Horizontal Curve � width) ADT Speed Length (,Live Tangent Length /they Hillside- 40' 300' 20 MPH 1,500' 100' 100' 0' (23') Local (26') Local (32') 50' 700 25 MPH 1,500' 200' 100' 0' Limited 82' 900' 25 MPH 2,000' 200' 100' 0' Collector (40') Technology Minor 60' 5,000' 30 MPH 1 Mile 300' • 150, Drive Collector (34') (40') Saguaro Blvd Major Collector 100' 7,000' 35 MPH 2 Miles 500' * 150' (649 (56') Minor 130' 22,000' 45 MPH + * + Arterial (80') Principal 160' 45,000" 50 MPH " Arterial (108') Page 13 of 43 Article IB SUPPORT OUR ADVERTISERS ... SHOP THE FOUNTAIN HILLS TIM S Your Award -Winning Hometown Weekly Newspaper Technology Drive access gate study concludes By Bob Burns Times Reporter The Town of Fountain Hills has wrapped up its traffic study related to the Technology Drive access gate off Saguaro Boule- vard, but it may take a couple of months to evalu- ate the data and get it ready to present to the Town Council. Interim Public Works Director Justin Weldy said there is a massive amount of data to evaluate. "Normally you would not do a traffic count over 90 days," Weldy said. "It is normally a much shorter duration." Weldy said town staff is sorting through the data to get it into a form for review by Town Engineer Randy Harrel and, after that, it will go to Town Manager Grady Miller for his review. Weldy said it will prob- ably be September or Octo- ber before the information is ready to be presented to the council. It was recently suggest- ed that the gate be opened permanently or removed, which raised concerns from neighbors living in a con- dominium area across Sa- guaro Boulevard. Staff met with residents to discuss their concerns and the traf- fic study was agreed upon as a first step. The 90 -day examina- tion began March 20 with the gate remaining closed to traffic for the first 45 days to count traffic at the (cont. on page 3A) Town seeking grant opportunities By Bob Burns Times Reporter During its last regular session before summer break the Town Council voted to authorize Town ties with a population less than 50,000. Maricopa County annually receives $2.5 million from the US Department of Housing and Urban Development for this program. CR sta Wet, Wacky Wednesdays The Town of Fountain Hills Community Services is having a Malachi Scaife above, to enjoy this summer. The next dates for For more photos from the event, see page 8A. Firewise protection prc By Bob Burns Times Reporter The town's McDowell Mountain Preservation Commission (MMPC) is interested in whether the National Fire Protection trails. He said he believes a commitment to Firewise might be worth the effort.' Rural/Metm Fire Chief Dave Ott attended the MMPC meeting June 27 to make a presentation on Firewise. Ott said Fire - When "That will never happen to me" _ .... 18509 E AVENIDA DEL 3BD Greatwinlerretleato lull "adult" community. Quiet fresh imerlor 8 e8tedor pall i 13b47 N RYAN WAV - JBd12.58a3c gat l ilu"i, nNIVE. UNIT a •$285,500 Others may charge extra for... Room measureCarpet Estimate Riout &Iivery Haul Away Furniture Moving • p 9.}I 1.5657 15657 E. EAGLE VIEW COURT 51.150,000 15035 E STAGHORN DRIVE • 5520.000 3801348ADen2CG 48013'',BA3 Car Gmaga to be wowed, EXTRAORDINARY VIEWS 01 Pout SUNRDGj(pppI91�VEVIEWG, Ope &hracm-on-sec 800 eclano Prepare Peaks foenain8mountain Vistas!!2MasleBuiles' coffered ceilings, Formal Dicing B Breakfast Nook. Split uarenlne goals. butted glass windows, bediootnS.Gas Hrepace, Co.arpa!io. ,dared ceilmp. 3FPS, m(agealed wine room. grassy else 8'm!+tree. Yen won't be disappo!nted, Others may charge extra for... Room measureCarpet Estimate Riout &Iivery Haul Away Furniture Moving • p 9.}I TECHNOLOGY GATE STUDY 2017 Gate Closed; Friday, March 24 to Friday, May 5 Gate Open: Friday, May 12 to Friday, June 23 www.fh.a:,gov I SCOTEDAU Vicinity Map a 00 I mea I I � I �'a I I TOWN HALL'" j r" p 6� �% 'a �a~ I a TECHNOLOGY 'I GATE www.fh.az.gov NOLLVJOI AM i ]11bm30tawma 53a SS JAWd013A3a i SWOINIWOONOD '9AOD 39v � a lnvNn am9 OWDVS 1' �---7 - II W Hourly Traffic Distribution (Average Friday -Peak Traffic Day of Week 30 25 H 720 A S —VPH - ALLEY iGATE CLOSED) 15 - "y —VPH - ALLEY (GATE OPEN) VPH - TECHNOLOGY (GATE OPENi L i 10 VPH"TECHNOLGYIIATECLOSEDi 2 4 CS L P �Cr q{p Q Q Q Q Q Q Q Q Q Q Q Q a a a a a a a a a a a a 00 0 0 0 0 0 0 00 00 00 00 00 0 0 0 0 0 00 0 00 00 00 00 00 rv:irvmcuim rodio:+rvNrviovviioN,ofmoH, a i I a 11 I c n m p 11 4s cn I i 11 I 1 1 I 11 I m Total Volume (All Streets) O 0 o 0 0 0 0 0 0 0 0 0 V Friday, March 24 IV Friday, March 31 C O O Friday April, 7 m c m � N y Friday, April 14 Friday, April 21 Friday, April 28 n rn � Friday, May 5co rD Friday, May 12 n Friday, May 19 O :DO Friday, May 26 N O Friday, June 2 m m fv Friday. June 9 CD 3 Friday, June 16 11 o Q Friday, June 23 rD fy I I a 0 a 0 a 0 y 0 � y m 0 oT o � y _a 9 Z ~ L7 O 0 a ES a a i I a 11 I c n m p 11 4s cn I i 11 I 1 1 I 11 I m Technology Dr Gate Study -Daily Traffic Flow Alley (West of Technology) 450 Volume Range 400 with Gate Closedd--� 3S0 t i l I, AOT (GATE CLOSED)-Mach 20 To May 7, 2017 13 800 0 ii lilt ii i lil li'i ADT (GATE OPEN) - May 8 To June 25, 2017 W a 250 ym iiia Volume Range (Gate Closed) v 200 Volume Range (Gate Opened) Ej _ i ill iso Volume Range P with Gate Open io0 — 50 0 S POPS 50Pr bOPy hOPA CEPA DJ�TALNy1, Z 9aa��op° rba� is Adt www,fh.az.gov FRIDAY ADT VPD (% of Design Max Vol) Gate Closed Gate Open Design Max Vol (t)vpd SAGUARO BLVD 754(11%) 728(10%) 7,000 TECHNOLOGY DR 0 102(2%) 5,000 ALLEY 312 (104%) 197(66%) 300 1) Per Subdivision Ordinance Table is Major Collector (56') Minor Collector (40') Hillside Local (26') Using the following closest street type (With Pavement Width in Parenthesis): Saguaro (64') -7,000vpd Technology (40')•5,000vpd Alley (28') -300vpd www,fh.az.gov *pf UR ALLEY (A BND I F u LLJ tau, lw ri'1 �'yf SAGUARO BLVD 0 . IN C) 97: P ' f a v n .4 \ `•,® tib Cj� I.- •iy. � �: ARGET LASER, . - � ,# . • — �o DRIVE01 /r ML W r s zey ' . > SAGUARO BLVD LUNAR LN � tr f $so e EXISTING ± ISNS �. "TECHNOLOGY DR" o ON TRAFFIC SIGNAL POLESAz c 0 r� J yy��Li n rr �✓l3 o g �i V s'WIT 'rl y2 j o s s ` o, o 4V 0 TYP_ 3 EA. SIDE 5� (ARROW DIRECTION(S) ► VARIES) I a AS R DR !i w "� 0 � "a'II IJ 0 �I O'3jrVD a l� a i ?.'GvA� �rn a I z f�'t108N1' Q ION ARROW d +1fM 0 0 � p�'� O c w, Z 4\ FUTURE EMERGENCY NORTH 6 p � Cia ACCESS GATE N.T.S. zuz m TEMPORARY SIGN O � �___< EXISTING SIGN TOWN OF FOUNTAIN HILLS "axe ENGINEERING DEPARTMENT BUSINESS PARK ACCESS SIGN PLAN "moi 19 DRAWN BY: KJV ICHECKED BY: RLH SCALE: N.T_S. DATE: JUNE 20, 2002 SHEET 1 OF 1 Bev Bender Sent: Tuesday, October 17, 2017 10:34 AM Subject: FW: Gate at Technology and Saguaro From: "MARIANNE ABRAHAMSON" - To: "Linda Kavanagh" <lkavanaghafh.az.gov>, "Dennis Brown" <dbrown@fh.az. ov>, "Nick DePorter" <ndeporter@fh.az.gov>, "Henry Leger" <hleger cr fh.az.gov>, "Alan Magazine" <ama 7azinekfh.az.gov>, "Art Tolis" <atolis c ,fh.az.gov>, "Grady Miller" <gmiller a,fh.az.gou>, "Cecil Yates" <cyates(ycfll.az.gov> Cc: "Mueller Dave/Mary" ' - • - "Diggins Dan/Nancy" Carol" - - • - "Abrahamson Marianne" "Mehling Paul/Karin" Subject: Gate at Technology and Saguaro To: Mayor Kavanagh and Council Members From: Dan Diggins, President of the Mirage Cove HOA Re: Gate at Technology and Saguaro On March 2, 2017 the Council voted 4-3 to conduct a 90 day traffic study. That study has now been completed and the issue concerning the gate is once again before the Council. At the March 2, 2017 Council meeting there were in excess of 30 people present who opposed the opening of the gate. To the contrary only 1 person spoke in favor of opening the gate. Not one person from the businesses in the Industrial Park requested the gate be opened. However it was stated by a local realtor that she had spoken to businesses in the Park and they were 100% in favor of opening the gate; also one Councilman stated that he had spoken to one business, "Desert Dawg", and that the owner wanted the gate opened. The Mirage Cove HOA did their own survey and it was discovered that there were no businesses which said that the closed gate had hurt their business and the owner of Desert Dawg stated that he did not speak with any member of Council requesting that the gate be opened. No business contacted stated they wanted the gate opened. I have enclosed with this letter the stated HOA Business Survey. Mirage Cove HOA has also contacted Fire Rock Resort and they have stated their opposition to opening the gate. Council is well aware of concerns of local residents opposed to opening the gate: • Increased traffic and noise 24/7. • Commercial traffic in a residential area. • Increased light in homes during the evening contrary to "Dark Skies Initiative" which Fountain Hills supports. • Limited turning radius for commercial vehicles turning to or from Saguaro Blvd. • Line of sight problems when making the turn onto Saguaro creating a safety issue. • When local residents purchased their homes they were told that the gate would remain closed. • The Town Council had committed to keeping the gate closed which is a stipulation to the final plat. • There are already 4 entrances and exits to the Industrial Center on Shea Blvd. and 2 entrances off of Saguaro Blvd.; however, the gateway to the Industrial Center is off of Shea Blvd. where there are stop lights and ample directional signage. • Most businesses were started after the final plat and the gate had been installed. • The businesses which we have talked to have all stated that the closed gate had not hurt their businesses. This is evidenced by the attached survey. • There is overwhelming opposition in the Residential Community to opening the gate. • The gate was installed prior to construction of the U -Haul facility and U -Haul agreed to the gate remaining in place. There is absolutely no reason to abandon the Town's Prior Commitment, change the existing plat and infuse increased commercial traffic into a residential area. The Council should consider in weighing the options who would be disrupted more; commercial and business traffic would be inconvenienced slightly, if at all; however the residential community would be disrupted 24/7. The gate has remained closed for 20 years, no business has been hurt, the residential community is opposed to opening the gate, the Town has always honored their commitment to keeping the gate closed and there is no legitimate reason for the Town to abandon the prior public commitment to keep the gate closed. The Town has honored its commitment to keep the gate closed as a result of the abandonment of Laser Drive between Technology and Saguaro, a decision which was again reinforced after U - Haul was constructed and operational to keep the gate closed. The old adage, "If it is not broken, why fix it?" is certainly applicable to the current issue. We urge the Council to keep the Gate Closed and maintain the integrity of the Town's Commitment. Dan Diggins President of Mirage Cove HOA Enclosed: Business Survey (U -Haul Corporate Headquarters was contacted on numerous occasions; however, we never received the courtesy of a return call) Business Park Access Sign Plan showing Laser Drive abandoned Various letters in opposition to opening gate This letter was drafted prior to the Town receiving the results of the traffic count. To: Members of the Fountain Hills Town Council From; Clarence Walters Subject: The Matter of the Gate at Technology Drive This year I will celebrate my 20th year here at Mirage Cove. In 19971 moved here from the midwest. At the time the folks I shared the unit with (113 and 114) were the last unit in the complex. This was before The Target: development, U -Haul, and the Firerock development.. After a while the Mirage a Cave development began its continuation of expansion. In not much time it expanded to its current size. Not long after U -Haul began discussion with the town to build a facility► at Technology ]rive and Saguaro, It became a matter of concern to we folks in Mirage Cove. we expressed our concerns about the plans to the Town Board. We later at the suggestion of the Board, began discussions with U -Haul. These negotiations were fruitful. They agreed to change some design features and also to establish the gate to eliminate traffic onto Saguaro. The current condition does not appear to cause any problems for most of the people involved. Mirage Cove residents are concerned that the original agreements will be abrogated with benefit to a few at the expense of mare. The Mirage Cove development is a fine example of how a development in the Town can show a positive face for ethers in f=ountain Hills to emulate. when units come up for sale they are on the market for a vera short time(if at all!). Thank you for your attention EDZ LAW OFFICES OF EMERICK. DIGGINS. & ZABONA Daniel F. Diggins Linda Ann Zabona-Wooster L+nda@edylarv.rom Dana M. Smith — Paralegal Dananne w.co October 17, 2017 Mayor and Members of Council, Rex. Emedck (1886 - 1946) Merritt W. Diggins (1913 - 2008) R. Stan Emerick (1921— 2008) My name is Dan Diggins, President of Mirage Cove Homeowner's Association, I am sorry that I could not attend tonight's hearing and have asked that this letter be read to council and placed into the record. When we were last before council, I was asked by a member of council if council would be hearing from us again if the lot by the gate were developed and a business placed there. I said I couldn't commit without HOA approval. I should have answered, "If we as a board did commit, would you expect us to keep our word and honor our commitment?" I believe the answer would be yes, for what good is our word if we cannot honor our commitments. Good community relations between local government and its citizenry are built upon trust. If government does not keep its word, that community trust is lost. The community has trusted you to honor your word and commitments. The only question that remains is, will you keep your word and honor your prior commitment to keep the gate closed? Respectfully, Dan Diggins,/�� Mirage Cove HOA President P: (260) 347-1050 R (260) 347-5927 1 218 South Main Street, Kendallviac, Indiana 46755 George Andrew Smith E Saguaro Blvd #f Fountain Hills, AZ 85268 TO: Dari Diggins FROM : Andy Smith Re: Discussion with A] Kurdzialek Al is the owner of Desert Dawg Auto Repair located at 9521 Technology Drive. Daher than U -Haul, his business might be the most affected by the closed gate at the end of Technology Drive. The following is a summary of my discussions with Al regarding the town's attempt to remove the gate permanently. 1.When we met with the Town Council on March 2, 2017, it was stated by a Councilman that he had spoken to Al and said Al was totally in favor of opening the gate. Al denied talking with the Councilman and stated to me that the gate has little, if any, affect on his lousiness. Al also stated that be was not aware of any lousiness, ether than U -maul that was affected by the gate. 2. It was stated by Phyllis Kern, Realtor, that 100%Q of the businesses in the Technology Industrial Park wanted the removal of the gate; according to Al, this statement is false. In addition to my discussions with Al, I also take exception to remarks make by the Council as follows: 1. The Fire Department does not engage the siren until they reach Shea Blvd, which substantially reduces the noise heard by those of us living in Mirage Gave. The Fire Department also has a key to the gate for emergencies which apparently has not been required according to one of the firemen. 2. It was stated by a Councilman that a large percentage of the owners living in Mirage Cove are winter visitors and therefore the open gate would not affect them. In other words, those of us who are part bme residents, who pay taxes, do our shopping, and go to restaurants in town don't really matter. Lastly, I am, as are many other people, very stunned by the attempt to negate the agreement in place for 20 years and supported by previous Councils. Why is the current Council so determined to terminate the agreement? 3-/3_ zor'I To the Fountain Hills Town Council As we are all aware , there is an ongoing dispute within the town concerning an existing gate at Technology Drive. The driving force to remove the gate appears to be emanating from limited individuals. Many individuals are coming forward and urging that the gate not be removed. When we moved here in 2008, we had been assured that the gate was to remain in perpetuity. We were not aware at that time that the dispute was going on. An indication of the opposition to the removal was set forth in a communication by Robert M. Tripp, Ph.D., to the Council on January 13, 2009. 1 have attached a copy of a letter that I am told had been sent to Council concerning this issue. It was very straight forward then and is still apropos today. The Mirage Cove HOA has provided the council with many instances of people saying either leave the gate alone or it causes me no problem. Why then is there such a large push to go against the wishes of the residents who live within the vicinity of this gate. Fountain Hills gave its word that the gate would remain in place. I would hope that the integrity of Council will be to honor previous commitments from prior Councils. Thank you for listening. Sherm Abrahamson E Saguaro Blvd, Unit Fountain Hills, AZ 85268-6621 March 9, 2017 City Council Fountain Hills Dear Council, Orly home at 16655 East Saguaro Blvd has been in my family for 20 years. I remember visiting my Parents several tunes over a decade ago. As we drove down East Saguaro Boulevard my Mother would always paint to the gate at Technolgy Drive and comment "That's a forever gate". I am now residing in Mirage Cove and I frequently get remarks "'W'hy would you wart to live across from an Industrial Park'". My constant response is "I like the landscaping and the U -Haul buillding, looks like an attractive wall" Cannot think of a better neighbor and I don't have to Put up with the Industrial Parr traffic. While driving on busy Saguaro Blvd and crossing the even busier Shea you immediately enter into much calmer traffic onto East Saguaro Boulevard. There is a Speed Limit sign posting 25 MPH. You immediately sense you are off a busy street and entering, a serene residential area. These factors were considered in making the decision to retain our home across the street from an Industrial Park. East Saguaro Boulevard ends in a cul -d -sae. There is no reason to cross Shea and enter East Saguaro unless you live there. Why change what works well? We should remove the gate and install curb and gutter and sidewalk on East Saguaro Boulevard. The entrance on Shea to Technology Drive has a complete (expensive) safe semaphore. This would not be provided at Technology Drive and. East Saguaro Boulevard. North repeating; Let's put in curb and gutter and sidewalk on East Saguaro so this is never reviewed again. Respectfully submitttd. Steve Thomas., Jr. Yt I I I IUN IU 1:51-16I1NILSSt5 ON I LUNNULUGY DRIVE: As a business owner, I feel that the gate at Saguaro and Technology Drive being closed has not my business. Bercel Builders Concept Development SCP Solar Sam the Bug Man The Warehouse Chuck's Auto Body Repair Fountain Hills Door and Supply Extendedl Hands Set Enterprises Kenworthy Metal Stud Analytic FIOw Tech Kent Corbin Artist Studio Commercial Corporation Solar Blaster Melly's Red and Custom True North Builders Cord Controller Performance Paving & Sealing Western States Newspaper Technologic Systems Handyman Now Don Kenworthy Fine Art Desert Dawg Auto Repair Adobe RV Storage 4 r (/f� SAJiN6f 2 6/1"_zl S -Z -F Now S�ATa S /TYT �LTUq j' ei--�i.R eRcr KQtttri 172�Vco Table 1 The dosure has NOT hurt my business The dosme HAS hurt my business Q�v.;/. �%2c✓I/ Fy. 1 TOWN OF FOUNTAIN HILLS ° � o - TOWN COUNCIL �"'' AGENDA ACTION FORM •'TIJr�$t�.l �qO4 Meeting Date: 1011712017 Meeting Type: Regular Session Agenda Type: Regular Submitting Department: Development Services Staff Contact Information: Randy Harrel, Town Engineer; rharrel@fh.az.gov; 480-816-5112 REQUEST TO COUNCIL (Agenda Language): CONSIDERATION of approving RESOLUTION 2017-25, abandoning whatever right, title, or interest the Town has in the certain General Public and Pedestrian Access Easements located in Tracts Al and A2 (the private roadway tracts) of the Diamante del Lago plat, as recorded in Book 516, Page 17, records of Maricopa County, Arizona, with stipulations. (EA 2017-03) Applicant: Tracy Scofield/ property manager for The Ridge at Diamante Del Lago Applicant Contact Information: The Ridge at Diamante Del Lago Homeowners Association; 159 E. Alamo Drive #3, Chandler, AZ 85255; Tele. 480-967-7182 ext. 104 Owner: Same Owner Contact Information: Same Property 'Location: Tracts Al and A2 (the Private Street Rights-of-way) within the Final Plat of Diamante Del Lago. Related Ordinance, Policy or Guiding Principle: N/A Staff Summary (background): The Final Plat for Diamante del Lago was approved by the Town Council on 6- 17-99, and was recorded on 11-5-99. The platted lots in this subdivision are separated by two "Exception" parcels (which were purchased by the Town for ridgeline open space, per a public vote, in 1999). Additionally, 7 Tracts, totalling 50 acres, were dedicated on the Diamante del Lago final plat to the Town as Hillside Protection Easement. A Town trail, now known as the "Lake Overlook Trail", with access connections to various public and private roadways, was modified and re -connected after the subdivision's construction. The private roadways within the Diamante del Lago plat (Tracts Al and A2) were platted with the following blanket easements over there: General Public, Pedestrian Access, Emergency Access, Public Utility (PUE), and Drainage (DE) Easements. Construction completion of the Lake Overlook Trail has now taken away the former need for public pedestrian access to the private roadways within the Diamante del Lago plat. So, the platted General Public and Pedestrian Access Easements on the Diamante del Lago private street rights-of-way (Tracts Al and A2) can now reasonably be abandoned, as requested. This abandonment does NOT affect the existing Emergency Access, Public Utility, and Drainage Easements platted on the private roadways in the Diamante del Lago plat. Because the existing Public Utility Easements will remain intact on the Diamante del Lago private streets, the utility companies do not need to review/approve of this abandonment action. Page 1 of 2 The Lake Overlook Trail appears (on our aerial mapping) to have a small area(s) located on private property(ies), without an appropriate easement. The HOA will need to obtain an easement for any such locations. (The Town will determine the needed locations and prepare the Grant of Easement documents.) The HOA will need to submit an acceptable engineering plan and construct the appropriate signage and/or access control features, to prevent unknowing public access onto the to -be -abandoned areas (the Diamante del Lago private streets). 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: N/A Budgeted; if No, attach Budget Adjustment Form: NA Recommendation(s) by Board(s) or Commission(s): N/A Staff Recommendation(s): Staff recommends approval of this easement abandonment, with the following stipulations, which must be met prior to recording the Easement Abandonment: * Obtain an executed Grant of Easement and/or Maintenance Agreement document(s) for any existing trail locations needed. (The locations needed will be determined by the Town, and the Town will prepare the needed documents.) * Provide acceptable engineering plans and construct suitable signage, access control features, and/or trail modifications to prevent unknowing public pedestrian access onto the Diamante del Lago private streets (Tracts Al and A2), and elsewhere if needed. List Attachment(s): Vicinity Map, Lake Overlook Trail Brochure and Map (2 sheets); Tracy Scofield/HOA Letter; Bill Craig/MMPC e-mail dated 8-14-17; Signing and Striping Plan for Trail Connection Relocation, sealed 4-24-17; Fit Trails Map; Aerial Photo Map; Resolution; Exhibit "A" Map (2 sheets) SUGGESTED MOTION (for council use): Move to approve RESOLUTION 2017-25, abandonment of the existing platted General Public and Pedestrian Access Easements at Diamante del Lago, Tracts Al and A2, with stipulations. I! Ap oved:' / Gratly E. Miller, Tov A ager 10/2I201'l Page 2 oft TOWN OF FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT VICINITY MAP SCOTTSDALE SCOTTSDALE A/ WE S NORTH SCALE: 3" - 3500' SALT RIVER PIMA MARICOPA INDIAN COMMUNITY TrOU Eti�LLette ulze Dverlok Trail RVIts .. _ Town of fountain Hills 4 Be considerate of other trail users 4 Downhill traffic should yield to uphill traffic Always travel at a safe speed 4 Please do not litter Trail Guide A Trail distance and elevation gain are one -w Know your limits andplan accordingly. The following are prohibited on the property: Accessing the property by leaving a trail or trail - head. All visitors shall stay on authorized trails and within trailheads. 4 Accessing the trail outside of the hours of operation. Sunrise to sunset. Alcoholic beverages. 4 Camping. 4 Carrying or using any glass or ceramic container. Creating developing or using any spider trail. 4 Destroying any barriers, signs, or other Town property. 4 Destroying, damaging or removing any vegeta- tive or mineral resource, including but not lim- ited to any tree, shrub, wildflower, cactus or rods outcropping. 4 Dogs are prohibited unless on a 6 -foot maximum leash at all times, and must remain on trails. Horses. 4 Hunting, trapping or otherwise harming or har- assing any wildlife. Uttering or depositing garbage, trash, refuse or other obnoxious material anywhere other than in specific Town -provided containers provided for that purpose. 4 Setting or igniting any type of fire. Smoking. Throwing rocks or other objects into washes, including but not limited to up or down hillsides and on or off trails. Using any vehicle, including motorized vehicles and bicycles, except authorized maintenance vehicles and during emergency evacuations along the Emergency Access Rome as directed by emergency personnel. Approx. J�sAmA Elevation yob trm Length Relative Gain Trail Name jMilesj Difficulty (Feet) Lake Overlook Revised 9/15/14 Easy to tS 1SD Trail Moderate Trail distance and elevation gain are one -w Know your limits andplan accordingly. The following are prohibited on the property: Accessing the property by leaving a trail or trail - head. All visitors shall stay on authorized trails and within trailheads. 4 Accessing the trail outside of the hours of operation. Sunrise to sunset. Alcoholic beverages. 4 Camping. 4 Carrying or using any glass or ceramic container. Creating developing or using any spider trail. 4 Destroying any barriers, signs, or other Town property. 4 Destroying, damaging or removing any vegeta- tive or mineral resource, including but not lim- ited to any tree, shrub, wildflower, cactus or rods outcropping. 4 Dogs are prohibited unless on a 6 -foot maximum leash at all times, and must remain on trails. Horses. 4 Hunting, trapping or otherwise harming or har- assing any wildlife. Uttering or depositing garbage, trash, refuse or other obnoxious material anywhere other than in specific Town -provided containers provided for that purpose. 4 Setting or igniting any type of fire. Smoking. Throwing rocks or other objects into washes, including but not limited to up or down hillsides and on or off trails. Using any vehicle, including motorized vehicles and bicycles, except authorized maintenance vehicles and during emergency evacuations along the Emergency Access Rome as directed by emergency personnel. Lake Overlook Trail The south entry tmilheadforthe Lake Overlook trail system is located at Panorama Blvd between Vista Del Logo and Diamante Drive. The north entry trailheod is located at Panorama Blvd, east of Saguaro Blvd. Town of Fountain Hills J�sAmA yob trm 16705 E. Avenue of the Fountains Fountain Hills, Arizona 85268 �! rf Phone:48068165100 wwO.azgov Revised 9/15/14 Lake Overlook Trail The south entry tmilheadforthe Lake Overlook trail system is located at Panorama Blvd between Vista Del Logo and Diamante Drive. The north entry trailheod is located at Panorama Blvd, east of Saguaro Blvd. LAU OVERLOOK. TRAIL Tie Wdge at D11aimainte Del Lago He meowneis Association 1150 9. Ala rria D11. #3 (Ihanc IE1r, AZ $5:1219 (430) 9( a-71321 " Har (4E10) 9:111-90_111 39 Sapltemter,1017 RA: Abanlc arimElrlt of Flublia Hasemenls, Sidewalks, Within Gatec COMM oily Dear Tau r Cau nail, AleaeniIV, the Assaciaiiari sutmittEld a rEIquest to atandonl IhE1 plublia sidewalla ea9ElrrElrlts within) thE1 IJ au ridariEls of au r ®attic Commu rlily a s ciarltainEIC ari 1 h e neccnldec plat map. phis IEltler is Lein€I rInesentec at the necluesi of the depanimElrlt representalNes, whiah rr1el wilh the asscicial ion rEirposentatives arl SeptEimban 113, 1011 to ciscuss the abandonment. It hi8hliahts GarCEInrIs anc reasons the Boanc of Directors, aatinfl on NEll- lf of the Hicfle at DiarrlanitEl Del Laso Homeowriens Assacliationl, ane rElquestinfl the plublia easemenll OVEIII the sicawali,ls wilhiri ou r gated comrrlur!Iy to III all arid onEIC. This public easement was inaorparatEIC irla the Elate( aommunlity's racclrceid de%elopment pllat oyer concenris That ar1aE1 complEdEld 1118 aomrTlunlity's iribastructure would cause the disconnect al the CIvElrlook Tliail. F owEIVElr, chis cid riot occur as the Iiiail was neroulEld and cic not gEli intElraupltEIC Hy 1he c EIVE1lopmerll. 9idEhAialks wilhirl the 1` anlh Hic fle gated aarTlmunity provide no tNaroughfane E1ithElll. (Ic1riCErnns causEIC ty irltruslarisvia trail splurs irlia autgaied community induce: 11. Non-aesicarits utilizing thEl pri%ataly mairltairleld sicav\alks anlc streets acaEIssinEl %ia thEl trail sKluns whilEI walkinfl Their dabs, afterll (iff the leash anc rrlariy rias ii up the feaes. (clrlfranll ationa i aric u riaivii situations arEl ocau rriris w it h 11 -ase pleople when approached LN aammuniiy rElsidEIr1ls cion(lerrlinfl adherini€11a 1a\nlri Wash lMls, pE11 aleanlu pl cwcirlaruaes. Z. Motarayclistsaomirlgoff lhetnailsplunsin11c11Haaommunlily,alter atexaessivespeeds. 3. Mou rllairl t ikers aCIMElssinlfl the cammu nity \ia the trail splur crElatinfl road anlc sicewzA ha r nds. 4. GIICIL p1 �A alkini tau us E1rlterinfl 1 h el aclmmu nlity, also (irElatinlg roar h azar( s. 5. flkalatoarcans using the 9ICIplE1d street a1 BClrlita to shClOt Urlcar all) EI111111anc1e flala Elrlcarielerirlig thElmse]%Els and nesicents erilening tHE1 commu riity. 6. The 1 nail spu 1s Have enlatled access and eflress fou xan1c als aau sing cher $3,0(14 int c amagEls. 7. The insurarICEI liatility thE1 association is bElinlfl explosec is should aria of thesE1 pleoli gal Hurl on1 assacliation ownec arid mairilainec praplertti. CIL ii assacliation has warkec vE1ry hard over thE1 past ihneEI yElans to gel the tnailheac Elrluanae off of I a Mclrtarla)9onita rriclxec out a1 au 11 flatElc erilryway. This has li lion the tenefit of everyone as it vias faalrEIC thal sarnearle would be hunt, if riot Hillec, in this area. This request to at anc ani the sidewalk easement within au ll comrrluriily is it clonjunation \Aiilh thEl Irail11Elac rr1c1ve. (larisi( enirig thal all irival%ad 1 aw rl c tip artmerlts are in agnaemer t for flnarll iris this rE1qu est, thal tH E1 trail spurs are r10 lom®er mainllairled ty the (rail carie iium, and Hikers Nave absolutely no rlaec io erilerlila aommurily \Ahem usiri@l the local tnail system, furtHEn1 justifies this request. When the association first aprInoaahEIC ti town caricennirg tHEI salety issuEls, abaul 3 years ago, %Aa \Aare inlfarmEIC that abandonment all ihE1 easElmenl \Aas at sl nu c1 ed tN the lacy 1 iari of 1 h e now nelocatEIC trailH Elad. If our rElclueSl is graritec the association 19 ak EI and Mill rig, at au n EIXrlEIr1SEI, to remove all trail spurs that IEiad into our aclmmu nilly, rE 1 u ening this lane la its riatu ral c esert state blElnc ing back irito the suinounc inEl landscapEl. TVE rElstanation prajElct is accomplish this would kEl pro%iced lathe lawn 11or IleOEVA arse appro%aI prior to ani} worin bEIIrIEI carie. Iri acditiari, aniy oll•en EIX[lErises assaaialed wish the eaSElmElrll abardoriiment will to covEnled b5 11-e commuriity assouiatiari, such as siElriaEle or rElaallcirlg fEleS. Ti is is a very importzirll iSSUEI to thEl Boanc alnld the rEISldElrll9 oft I EI ciommu riilV, N ha anEl %Eley pals9iorllatEl akautihe abariconimElnit oflhe Elublicl sidEI%Aalk eascimerll within aun Elatec (iarrimunity. We kelieVe it is truly a ria loss siluatiori ilor the town, Trail users aric Our carrin ity. Tharik you fan your time iri aonisiderirliEl 11- is matl Ela. 9iniuenely, Tracy, Schofield, CIVIC Commu pity MariaEIErll C rI k Ell-alf OftH EI aaarc of Dineclans for the Ridge at Mamarlle Del LaEla HOmeOWnlElll; Association 111H) SIEIa-7JI82 e)t. JICI4 traay@a metropsaal.aom CC: Richanc Mapes, Su EI Lutz, James MackiEl" icz, Lorraine f3nanSICEI, . oarinle CaBgiarla, .laak Frariz anc llam Clk rioer— Boand of ClirElatans fan 1 h e Ric ge al Diamanite Dal Laga F arrlEla%A riers Assaeial icirl Randy Ham] "Brom: Heviri SriirlEis Sent: Wec riesday, ALgL91 1EI, X117 9:�IEI AM To: Randy Haniel Subjeiat: FW: DiamontEi c Ed Lago - Basement Ataridonment PacHal Flrom : Bill Cuaig lmailto: " • - Sent: Mariday, ALCLSI 14, 2CIla 8:D AM To: Raters 'Bob' Rac gem; R sitin Weldy; Ken Valverc Er RacihaEll Gaadwin; Kevin Snipes,; Bill Myers ISM M RC; ; Pay la W ooc v� arc Subject: DiamontEi dEd Lac a - OwEirrient Abaridonment Raaket Bill Myers and I visited llhe Basil entrance of the Lake Overlock ilria it this me rninc . Relative to c ecisions to be made rieg a rc ing these easementl issues with Diarrontle del LJago, I Dave listed scme tlhe ug hits fc r your cc nsic eriatlie n. All this entry r ce area ilc the trail, there are tlhre a areas listed as "New Trail Basement Required"(#3). Ucckirg at these tlhree areas, ill vuc ulc he very c ifficult to rieric ulle the existling trail due to tlhe to rrain presenil. The other path listed as #%", which exile r ds ftcm m the enc c f BI Rueble tc the ilre it is not. p art cfl ilhe Ua ke Cve rlook tlria it and we c o noil n aintain ill. There are fours paths shown as "Trail Spur to Street Connection" (#4). These are rcll part of cur Uake Cverlook trail. We do not mainilair these. I h'elieve these were created a long while aco bY1 neighhcring ccmmurillies fcr access to our ilrail. As Bill Myers mentioned during ilhe meellinc carcellallien phcne call this rrorin inc , should you c c nsic eri not g ivir c road easerrent to Diamerlle del Uagc till there is assuriarce efl tlhe necessary trail easemer t. As a fine I the ug hil, lllIe re is rr orie sic nag a ne a ded where the Ua ke Overileek trail crosses La Montana. --l1hank Mc u, Bill Craig McDlcwell Mountain Rrecerve Ccmrrissioner Designated person in charge cf trail buildinc and maintenance from the CcnservancM fon the town Vinusi-free. \nmw.avg.com 2 GENERAL NOTES 1 S � LAKE OVERLOOK IL I. SWINNG91N1 WO41 AND ADDENDUM I, PROPOSED ALIGNMENT ��''+ ra¢a�A o[vhAwFrTa I I. TEMPORARY SIGN. "C� 9� RMSPORTATON(ADVO �Ii l F STANDARD DAAWO 0 SPEORGAIENG 2 ME 511 B INSTNLED ON I II LII N LAKE OVERLOOK TRAIL 0 D-aAroNEL(SSE UNm I RM POST' III III 1 .' 1 t 1 (ol tl, p 3. ALL SUPPING SHALL BE }�I d 709OPIASID OR HOT TAPE xyw 1 ryU tt >� r SPUE N GOW .9�y 1 1 .(!C tt01 1VNAE PI i , Q OFA l I Exrenaac 4 OE II 61OFNALK ` : I \ �III� e o w nOC e GOW 0y�v . o os' m 11 RELOCATE, r� S 111 �11 U 0 1AXEOVEALaoK. i I tT -1. 3w.'Otl" LA MONTANA DR _ 1 j j `y NOp cvrt < IL. AA M1�44fIGIp4 _—_—_—___________ _-c '–�–101 _r� / SRI DI ^ – 9 _---_--- --- S ;34 �- A�naw AD.S1OLIDhHITE , T. �Q ID CROSSWALK I I �snSIGNNsa + K`�e„Alnl`0 DE rD "TEAS°A LINE (TYP( I o a eroP sIGN(rvP) F%IgIIKpB51t¢W dpuE. pyP.) w I ADDENDUM TEMPORARY IC Er15UNG5gyptK �” SIGN: DATE 9-28-17 LAKEOVERLOOK TRNLv. 1 g 1 L `�\ ml �TOWN OF FOUNTAIN HILLS, Err t ry Fcv' I i ARIZONA -\N=00na ti I w3:000> �r ��.� DEVELOPMENT SERVO DEPARTMENT Fm 7y � mAu a� No 01 SP;D x IA MONTANA DR&BONITA DR mmm— 9M2U0 oww rvry SIGNING & STRIPING PLAN ,1 \ 'I I z M , axa nx FOR x i•w _�h'_ f 1 1 ul Grz�n-r-i< LAKE OVERLOOK TRAIL CONNECTION 11�"Mu,.. 9 I .M„" .�ow� CR OF sroTISOAIE P ,A I I b j ..._.._.._.._.._.._.._.._.._.._.._.._.._.._.._.._.._.._.._.._.._.� SALT RIVER%MA-MARICOPA INDIAN COMMUNITY FIT FOUNTAIN HILLS INTERCONNECTED TRAILS LEGEND 'x CMC CENTER TRAIL 3.2 MI O FALCON TRAIL 1.7 M1 9 ole 0 ... 0 LAKE OVERLOOK TRAIL 1.9 MI 0 FOUR PEAKS TRAIL 4.3 M1 0 DESERT VISTA TRAIL 2.0 M1 0 M[DOWELL MOUNTAIN TRAIL 2.5 M1 0 11�"Mu,.. 9 I .M„" .�ow� CR OF sroTISOAIE P ,A I I b j ..._.._.._.._.._.._.._.._.._.._.._.._.._.._.._.._.._.._.._.._.._.� SALT RIVER%MA-MARICOPA INDIAN COMMUNITY FIT FOUNTAIN HILLS INTERCONNECTED TRAILS LEGEND 'x CMC CENTER TRAIL 3.2 MI 0 FALCON TRAIL 1.7 M1 IU SUNRIDGE TRAIL 3.8 MI 0 FOUNTAIN PARK TRAIL I9 MI 0 LAKE OVERLOOK TRAIL 1.9 MI 0 FOUR PEAKS TRAIL 4.3 M1 0 DESERT VISTA TRAIL 2.0 M1 0 M[DOWELL MOUNTAIN TRAIL 2.5 M1 0 NORTH HEIGHTS TRAIL 4.0 M1 0 SUNDOWN TRAIL 3.5 M1 0 OTHER TRAIL I Af WWWWWWSI2 NRa 0 V4 1 lm%.�m� 0 lw 3ROV 4800' YNf:I'=Iw wwn:®auvu U WT r"� 1e 1"lju'A "°� BONITADR � K'JIFEDR DEVELOPMENT SERVICES s 2, AERIAL PHOTO MAP I I DIAMANTE DEL LAGO FINAL PLAT LEGEND, LOTIINE ROW EASEMENT ------ FLOODPLAIN PROPOSED EASEMENT ABANDONMENT LOCATIONS J M 9 v 6 1 e v W E 5 Q S 0 19 29r DIP I N R scuE1� AERIAL FLIGHT DATE: 10/15 M RES CILUTION 017-24 A RESOLUTION CIF IIH E MAYOR AND C CIN MON COUNCIL OF THE 110"N OF FOUNIIAIN HILLS, ARIZONA, ABANDONING WHAIIEV9R RICHII, THILE, OR INTERESIiI M HAS IN THE CERTAIN GEIN ERAL PUBLIC AND PEDEISIIRIAN ACCESS EASIEMEINTSI LOCATED IN IIRACTSI Al AND A2 (THE PRIVAIl9 ROADWAY TRACIIS' OF THE DIAMANTE DEL LAGO PLAII, AS RECORDED IN BOOR 510, PAGE 17, RECORDS OF N A RIC CIPA C CIL NIIY, ARIZONA, WITH SIIIPULAIIIONS. (EA 2017-03; WHEREAS, REI Mayau aric Caunail of ihe Ilawn of Fouriiain Hills (ihe "Ilawn COLricil a9 ihe goy erriinq boc y oll real FIroFl ty IocatEic in ihe Towri of FlaL riiain Hills Qtr a "flown"), may neclL hie ihe de(icaiicin oil pL t lice slrE Et9, sewE n, waier, c iiairiage, anc atH E n L iility easemE rats or nighis-af-way within ariy praFlOSE c sub(N inion; arid WHEREAS, 11-e Ilown C aL ricil has tH E auih oriiy 'lo accepi or rE jE ai afilers of cedicaiiorl cd quivaie prcFlerty by easemeni, deEIC , su t c Nisiori, Flim on ocher lawf ul rTiEiaris; arid WHEREAS, all pllEserli Ltilily comparliE s H aVEI rE aeiVE c riaiifiaaiian cd 11'E Flnoposed atanc crlmE rrl. NOW THEREFORE, BE IT RESOLVED BY THE N AY CIR AND COUNCIL OF THE MOWN OF FOUNTAIN HILLS,asfallov\s: SIECIIICIN 1. ilhal a Flartian oil ihe certain General Pu blic and Pede:iiriarl Aaae;is EaseMErli:i loaatec in Ilnacis A'I arlc A2 (ihe grivaie roac way tnacis) oll ihe DiamarltEi del L aga Plai, as rE aor( ec in Book 516, Page 1 A, necouc s of N aniaopa Couniy, Aniaona, and as mare Flariaularly desaribec in Erhitit A, attached HEne'la anc irlconFloraie( H E nein by rellererlae, are r E reby dealaned io be at arldorlE c Ly ihe Town. Certain lots within ihiei sLtdivisicrl allE sLt'eci io lal-io-Icd cnainagE rLrlafil. THE praFlerty awnEm is rE cIL irec io pass 1 he c E velopE c flows gerlE naffed by RE L Flsiream lois aaross IIIEiin Flnoperty. SECIIION 'I. Ilhai iH 9 REsoluiion is one of atanc crlmE rlt arid c isclaimer ty ihe Ilawn solely fan ihe FlLrpcse of nErrncving any poieniial alou( on tHE title is said FlropErty and ihai tl1E1 Town irl no way attEmpis io affeci THE rights cif arly grNatE Flarly io oppose ihe abancarlmErrl an assert arty rigHi rEisul'ling th ere fnom an Exisiincl prE vious to arty action by ih e Town. PASSEDAND ADOPTED SY the N ayor and Council of the Town cif Fourilairl Hills, Oci caber 17, 2(1171. FCR THE TCA N CIF F CIIJNIIAIN HILLS: Linda N. Ka�arlagh, Mayau REVIEWED BIYi: AIITES TED TCI: Bei E Iy n J. BE rider, Town C leak APPROVED AS TO FORM: C na(y E. Miller, Tc\Ain ManagEm Tawn A,Itonrley � � ZD�D // \ a� o � n C W .^�. (� w D r �t A m � Z '� � S � � �.� p CDi y (� O � OC m ' ` C iNq,O mZ I § P� �` Z m Z N� � trj eco �` —I D D� O O D g� D -. (nmm mz ,`\ tra �` z m rn z x �1� �m ``';�` ````�` D � .T1 D V D O � �/ i �S. Ip Z r SrgO fOrl D ;/ i F� � _ ,m -, "'_�_ aovwvaoNva V - N. �-- � __ --- , , H � �", - SY o n ' > _ i�cm � � � �� s N u p i D � N g i � � `J6� 1 �I� �, of / � ,�0� v � ``�`` 6 i ' _i / ; J / _ CT r � / � U ' d�0 \ 1 � 1 �/ �� Ryq V m � o N � - _ m g � ,m� 'rte a o - - �o \_ _� _ r � �o�� o_' �p m D -_ � � v _ - � ' i I � `� o / O o � � � m - -__ -- � Ki v A z � `� � avcn � N w � mJ u� � N � ' � '1053 = ____ s � � � _ > `" �, c REG � � O � W m d' y DD � .� � - �oao�3avu� � � r D p w $ apu a __ - ND � �� m a �i r �i m D=�O om3z ��z0 DD��t r.'DO D rnZ-zj �m0� ..�Oz r 0 3= oOm� � ry —I (!� rn D GJ m J TOWN OF FOUNTAIN HILLS EASEMENT ABANDONMENT EXHIBIT "A", SHEET 2 OF 2 DIAMANTE DEL LAGO FINAL PLAT (BOOK 516, PAGE 17) RANCHO GRANDE BLVD MONTANA '� - - ---------------------- ' ------------- MIRAGE HEIGHTS CONDOMINIUMS ' s> BONITA FONTANA f >> > ss C WAY , ' s B0 se se s, DIAMANTE DEL LAGO ABANDON GENERAL ;9a ,PUBLIC & PEDESTRIAN _q ,% `g6 ACCESS EASEMENTS s3, 9)` - �\ IN TRACT A-2 Nom\ 95 BELLA LAGO CONDOMINIUMS DIAMANTE DEL LAGO ! 4s W E W cS'pR 18545�� 7RADi S HARREL \1 3 f 3 , 9 0 129' zea' �� es 1u i fds CAS_S/p scour:: f a esu' �7 lA U 5 P 134 DATE: 9-28-17 F�Alrea 3/31I`0i\ \ kOJ,TAINH�C�'P s THE RIDGE �''�h8115 ��yeP AT DIAMANTE DEQ LAGO Easement Abandonment General Public and Pedestrian Access Easements, located in Tracts Al and A2 The Private Roadway Tracts ) www.fh.az.gov koJ�JAINBlct� Vicinity Map n � j r � I c� I a �AAEbal4 A�boO � i E i I DIAMANTE DEL LAGO SUBDIVISION ............ I TOWN HALLSCOTMAU I I� 9 � SCOTISDAIE ,um Ih / q NORTH SALTRIYER PIMA MARICOPA INDIANCOMMDNEIY /00 W: I--= www.fh.az.gov SALT MR PIh4N COPA mDWI C4 Musm ✓r FIT FOUNTAIN HILLS INTERCONNECTED TRAILS LEGEND 01CCBIIERTRAIL3.2141 0FALCON TRAIL 1.7 MI 0SDNRIDGETRAIL 3.8 MI 0 FOUNTAIN PARK TRAIL 1.9 MI 0 LAKE OVERLOOK TRAIL 1.9 M1 0 FOUR PEAKS TRAIL 4.3 MI 0 D6ERTVISTA TRAIL 2.0 MI 0 MCDOWELLMOUNTAIN TRAIL 2.5 MI 0 NORTH HEIGHTS TRAIL 4.0 IN 0 SLNDOWNTRAIL 3.5 MI 0 OTHERTRAIL I Rf. 1' re�v� a Tar wo w A�rgiaa U n j R„ J�TAINyI 0 C WuAa SMD `BONITAOR �D IFEDR DEVELOPMENT SERVICES r o AERIAL PHOTO MAP N � DIANANTE DEL LAW RNAL PLAT % � w LEGEND: l S�" LOTUNE ROW EASEMENT ------ FLOODPLAIN ,r PROPOSED U MENT ABANDONMENT LOCATIONS � pgNQ �9M 9aq' �r o � S o ma me DAN mu.+'•2' " I AERIAL FLIGHT DATE 10/15 TOWN OF FOUNTAIN HILLS EASEMENT ABANDONMENT EXHIBIT "A", SHEET 1 OF 2 DIAMANTE DEL LAGO FINAL PLAT (BOOK 516, PAGE 17) TOWN OF FOUNTAIN HILLS EASEMENT ABANDONMENT EXHIBIT "A", SHEET 2 OF 2 DIAMANTE DEL LAGO FINAL PLAT (BOOK 516, PAGE 11) RANCHO MONTANA I p I i el J � •`'. i • / � Q c 19 i i i �—i Ol I B1 1Av _ MIRAGE HEIGHTS ql h ,TTg CONDOMINIUMS I n > U BONITA P WAYNA s . 63 A� e= • e7 Bos9 y &. DIAMANTE a DEL LAGO ABANDON GENERAL PUBLIC S PEDESTRIAN •� ACCESS EASEMENTS y B. t 9Y IN TRACTA•t u ! r I`I ,1 A a BELLA LAG 7,e9 CONDOMINIUMS I a' DIAMANTE n II to DEL LAGO I y I �lul 4 +7' I ry „9 5 ,PGre 41� ` <P RAro' 1 I•p P11 b Y L ` RACr 9 S � � L� i r•6 i Al F •b �r to a CAsgrO Ye ' rru: r. a7 �rZ7t1 WB,N I r•41 i � DATE 9-78-17 F�Irq 3/J,I� 1.43 . Meeting Date: 1011712017 Agenda Type: Regular TOWN OF FOUNTAIN HILLS Staff Contact Information: Dave Ott, dott@fh.az.gov TOWN COUNCIL AGENDA ACTION FORM Meeting Type: Regular Session Submitting Department: Fire Department REQUEST TO COUNCIL (Agenda Language): CONSIDERATION OF COOPERATIVE PURCHASE AGREEMENT (02017-650), with Rosenbauer South Dakota, LLC, for the ACQUISITION of a new 2017 Rosenbauer 101' Ladder Truck, in an amount not to exceed not to exceed $975,000, to cover the cost of the truck plus the tax. Applicant: Dave Ott Applicant Contact Information: Dave Ott 480 816-5280 Owner: Owner Contact Information: Property' Location: Related Ordinance, Policy or Guiding Principle: Staff Summary (background): The purpose of the Vehicle Replacement Program Policy adopted by Town Council is to provide an authoritative decision-making process for the evaluation, selection, and multi-year scheduling of vehicle replacements based on a projection of available fiscal resources and the vehicle's age, mileage, engine hours and repair costs. The objectives of the program are to: • Ensure the timely purchase, repair and replacement of the Town's vehicles; • Serve as a link in the Town's planning between the Town's operating and capital budgets; • Maintain control over the Town's long-term cash flow in relation to the Town's financial capacity; and • Ensure efficient, effective and coordinated vehicle acquisition and replacement. Per the Vehicle Replacement Program Policy the guidelines below shall be utilized. Vehicles may also be replaced due to excessive maintenance and repair costs. Ladder Trucks: 15 years/120,000 miles Staff did due diligence in reviewing the options of lease and purchase. Leasing option would result in an additional $121,170.00 over seven years or $172,553.00 over ten years. In light of the financial impact staff recommends purchase. Risk. Analysis (options or alternatives with implications): Both the apparatus supplier and the ladder manufacturer are out of business. We are having difficulty servicing and maintaining the Ladder Truck in working condition. Loss of the Ladder Truck would negatively impact structure fire responses and adversely affect our current ISO Rating of 3. Page 1 or 2 Fiscal Impact (initial and ongoing costs; budget status): In an amount not to exceed not to exceed $975,000, to cover the cost of the truck talus the tax, Budget Reference (page number): 409-410 Funding Source: Vehicle Replacement Fund If Multiple Funds utilized, list here: Budgeted; if No, attach Budget Adjustment Form: 'res Recommendation(s) by Board(s) or Commission(s): Staff Recommendation(s): Staff recommends approval of the proposed Ladder Truck purchase. List Attachment(s): Power Point and Cooperative Purchasing Agreement SUGGESTED MOTION (for Council use): MOVE to approve COOPERATIVE PURCHASE AGREEMENT (02017-050), with Rosenbauer South Dakota, LLC, for the ACQUISITION of a new 2017 Rosenbauer 101' Ladder Truck in an amount not to exceed not to exceed $975,000, to cover the cost of the truck plus the tax. Prepared Dave Ott, Fire Chief 1013!2017 Director's Approval: ave tt, Fire CHO T App ved: .. i ady filler, ovm ager 1414!2017 Page 2 of 2 :w:° 0 9� r� F Im o z hat hat Current 75'Ladder o 1997 Ladder was purchased by the Fire Board used. o American LaFrance has been out of business since 2014. o No Parts available for this ladder from the manufacture, most parts needed are being found on EBay from Rural Metro Fleet. o Does not meet ISO requirements for Mid -Rise and High Rise structures. o Maintenance costs have increased annually to keep in service. o Aerial manufacture is Aerial Innovations and also is no longer in business and no product service is available. o 1993 EPA standards for the Detroit Diesel motor. (Harder to pass emissions) 101'Aerl*al Platform Ladder Would meet ISO (Insurance Service Office) requirements. Current rating of a 3 C Meets to current needs of the Town and height of new buildings. Would allow to build higher buildings O Current EPA Standards for Emissions O 2017 Ladder Truck standards, and NFPA requirements O Better vertical and horizontal. O Safer for rescues and aerial firefighting using the platform. c� Safety in loading hose and not having firefighters on top of the truck 101'Aerl*al Platform Ladder O Non -Proprietary parts for future maintenance. u State of the art technology for firefighter safety and speed for setting up and operations. O Stock truck already built, a new custom build is 360 days from delivery. o Stock truck saves approximately $300,000.00 101'Aeri*al Platform Ladder Lease to Own Options Purchase price is $963,887.3:- after 8.3% AZ taxes. Contracrt No. C201 f1 -0 -`IO COOAHRA11TIVIE BURICHA SING A GRHEMEND BETWEEN THE TC WN a F F OUNDAI N HIIIIIS AND MSHNBA UERI SOUTH DAKC TA, LLC 'f1HIS COOPHRAIIIVH PURCHASING AGRHEMHN'f1 (this "Agraerrieint is emlared into as of October 17, :1017, teitween tha 'flown of Haumlain Hills, an Arizona municipal corporation (thea "'flown",, aric Roscnbauer South Dakolla, L1LC, a Dlelawane lirritac l:iabi:lity aompariN (tha "Vciric ar"). RFCnAT q A. Afleir a aompelitiuei praaurement praaess, National Jlo:inl Powers A:Iliance 11"NJIPA") enilerec into Comlract No. 01 Y1 14-14SD, darted April 1 Cl, 2014 (iIf ei "NJPA Contract"), wilh the Vendar fbr tha plurchase of fire trucks am fiira apparatus wilh redaled accessories and supplies. A copy of thea NJIHA Carilracil is atllacihod herclo as Exhltit A and incorporated hareiin t y reftireinca, to the extent nal :inaonsislent with This Agreeirr. eint. H. The Town is poo-nitlled, plursuaml llo Section 3-3-27 of ilha Town C adei, to make plurahases unc ar 1he NJIHA C anlracil, at its diiscrat:ian and with lhei agreeim ent of 1he awarded Vcimar, and the N]HA Canlraal pear.its its eooparatiNci use ty other public cinlities, inciluding the 'flown. C. The'flawn aric 1he V endor des:irci to ed ar id a this A greiem eint for 1Iha purpose of lji) acknowledging thair aooperalive aanlractual re:lat:ianship under tha NJIPA Contracrt and this Agrciamcnt, (iii; establishing the lerms and eandiitions by which thea Vendor may prauide the 'flowri wilh a 2(111 RasenbElLeir 1C11' rciar mount aerial platform truck, as more paricu:larly set ftirlh in Section :I bellow (the "Veil ic1ci") anc (iii) settling the max:irrum aggragata amouml to be axpendad pursuaml to this Agreamenl rel atad to tha V ahicile. AGREHMHNT NOW, THERHHORE, in consideration of tha ftireigoing intilacLat:ian and recitals, which acre :inaorporallad herain by refercinae, the fb:llowing mutual covenants and cond:ilions, and other gocid and uailuable considerallion, the reiceiipt aric suffiiaicinay of whish are lareby acknowlagad, 1he Town and 1I1ei Vendor lereby agrea as fkillows: 1. Terni oft Agraemant. This Agrecimen:l shall ba ciflEtrioive as aft thea date first set fcmh above enc shall reimain in full fbrae and effect until April 9, XMI, unless lleirminaitac cis otherwise providac :in the NJPA Contract. a. 9copa of Work. Vendor shall prov:ica to the 'flown tha Valic:lei under thea lermis and eancitic[ns cifl the NAPA Comlract and :in the configurations as scrt fora in 1he Proposal aiblached hereito as Hxhibit B aric :incarplarated herein by raference. 91yuluff 3. lnspecrtion; Acceptances. 'Ilhei Vlehlichi is subject to final :inspeiat:ian and acceptair.ce by the Towr.. A Vleh:iclei failing to conform to the reiquireimenlls of this Agreement amdbor the NJIPA Carittact will to held at the Vandor's risk ane may bei reilurned to 1he Vendor. If so raturrred, all cosils ara 1he responsibility of 1he Var.dor. Upton d:isccveiry of ai ricin -conforming Vlehichi, thea Towr may eileall to do eiillhein of the following by written notice to 11ha Vendor: (i) waiva tha ricin -conformance or (ii) bring 1he Mahicle into compliance and withheld the acst of samiei frame arty pa ymenll s due 1 o 1l hei Vie indar. 4. C ompensati cin. 'Ilhe Town shall paiy Vlendar ari amount not to exceied $97_`1,000.(1(1 for the Whicle all 1he uni11 raitc sell farlh in tha NJFA C onlraal and as more parlicularl} set forth in 1he Proposal attached harello as Exhibit EI. -`I. Paymieints. 11he 'Hciwn shall pay tl a Mar dor upon del iveiry air d accepilair ca of the Mehiclei and uplon submission and aplplrcivail of 1he invoiacl. The irvoicei shall (i) contain a rafarenca 11a this Agreamenl and the NJFA Conlracl and (Iii) documant 1lha Vlehicla delivereid and accapled to date. Additionally, an invoice submitted withaul riclfarencing this Agreeimient and 1he NJIPA C ontlacl will t a sub'cict to re.Caction and ma} be iieturnad. 6. Racord�i and Audit Rlghls. To arsura that thea Vleindor and i11s subaonlraclots are complying wi11h tta warranty undar dact:iari 7 below, Vendor's and its subaonlraalors' books, records, aorrosplondor.cc, account-ing plrecedures and practices, amid any ollhar supporting evidences relating to 11hi�i Agreement, including the papars of any Vendor aeric its subcontraictors' employcias who performs any wart cir services purcuamt to 11his Agraemcnt (all of tha fareigoing harainafller referrad 11a as "Reacres";, shall to open to inspeclion and subjacll to audit and/or replrocuct:iari during normal working houris by 1he Town, 110 1he extent nacessary to adaquatoly parmiit evaluallion of the Wriccir's and i1�i mtcontraictors' aampliarca with the Arizona amployeir sanclions laws rafarencad in "lIact:iciri 7 below. 'Da lhei eixtenl neaclssarj for tha 'flown to audit Records as set forte :iri 1lhis Section, Vandor ar.d its subcontractors heirieby waives any rights to keap suah Records confidarRial. For 1he purpose of avah acing or verifi irg ,loch actual or claimed cosils or units expenceid, 1he Town shawl haves access to said Raeords, aven :if loaatec at ills subconllracllars' facilities, from 1ta affectha date of this Agreiemant for the duralion of 1he work and until Three years after tha da11a oft final pa} mienll by 1he ' lowri to Veindor pursuar.1 to this Agreement. Mandor and :its subcontractors shall provide the Town w:ilh adequale and appropriale worksplace Bio that 1he Town can conduct audils in complliance with 1he provisions of this 9claticiri. Tha Town shawl giva Vandor or ills subaonlradors raasonabla advance ricitica of intendad aud:ils. Meador shall raquirei its subaanlraclors to aompl}l with 1he provisions of this Section by inseirlion of 1he raquircimenl s hericiaf I in any sue canl racl plursuanl to this A graem ent. 7. E-varify Requircirnenls. 'Ile 1he extent app:licatle under Awz. REM. STAT. �j 41- 4401, 11hei Mandor and ills subcontractors warrant complianaa with all faderal immigralion laws and regLllailion�i That reilalla to thair employees and thair compliance wi11h 1he E•varify requiramcnts uncar Arta. REM. STAT. § 23-214(A;. Vendor's cir ils subcontractors' failLre to comply wilh sucih warranty shah be daemcld a miateirial breach oflthis Agreeimenil and may rasult in the tarmination of This Agreemient by 1he Town. 3084011.1 tl S. kraal. Vcmcar carlifieis thal :il :is nal currant y engagad :in, and agraes fbr the curat:ion of this Agreerrant that it will real engaga in a "boycott," as that llerrr is defariad iri ARiz. RHv. STAT. § 33-310, oflIsraea. I Conflict of Interast. Thls Agraemant maN la canaeded I 1l ha Town pursuant to ARiz. RAv. STAT. fl 38-5] 1. 10. Applicable Law; Menu i. This Agreamenll shall ba govarned by the :laws of tha Slaw of Ariaona aric a suill partaining llo this Agreement may la brought anly in courts :in Mariaapla C ountN, Arizona. 1. Agraemant Subject to Appropriation. Tha Town is obl:igatac only to pay its obligations sat forth :in phis Agreement as may :lawfully ba mada from funds appropriates and budgetad for thal purplasa during the Town's 11,en currenil fisca yciar. Tla Town's obligallions under this Agraeimcml are currant expcnsas subject to tla "budget law" anic Oe unfetterad lagi sl all ive di screl i on of l the Town conaaming budgal ed purposes anc appropriati an of funds. Shauld tha 'flown exact not to applroplriata and luglat funds to pay its Agreamenll obligations, this A graem ant shal ] be daem ad tarrninal ed al the and of tha then-aurrcnt fa saal yciar tcam for which such funds ware appraplriatad and budgetad for such purposa and tha Town shall la re:lievac of any subsaquenl obligation undar this A graemanl. Zlha paries agrea thal the Town has no obligation or duty aflgo& failll to budgel or appropriaRe the payrgent cif the 'Ilowri's obligalions set forih in this Agreement :in any lucgat :in any fiscal yciar other than the fisca, yaar :in which this Agreement is exacutad and dclivarad. The 'Hawn shall be tha sola judge and aulhoriq in delarmining tha availalil:iq of ftlncs for its obligations under this Agraamcml. Me Town shall keap Vcmdor informiad as to llha availal il:iq of funds fbr phis Agraeunarc The ob:ligallion of tha Town to make any payment pLirsuanl to this Agreerrant is not a gencmal obligation or indabtednass ofltha Town. Vendor haraby waives any and ala rights to bring any claim againsl tla Town frorr or ralaling in any wary to tha Town's Iarminiation ofIIl ,is A€lraerrmar.it pursuant 10 this sacll i on. 12. Conflicting Terms. In the evaril of any inaans:istcncy, conflict or ambigu:ily among llha lermis of this Agraemant, tha NJPA Contracit, tha Pliapasal and :inNaices, tha documents shall goNarn in the ordar listed herain. Notwithstancing the foragaing, and in aonformiity w:ilh Sacllion 2 above, unaullharized axcepllions, cond:ilions, limitalions or provisions in conflict with tla terms of this Agraememt or the NJPA Carilracl (co:llecilively, -111a "ll naL 1 horiaad Conditions"), otl ar than 1 l a Town's plroj act -specific raquiram enll s, are axpressly declarad vok and shall be cif no foraa and effect. Acaaptanca ly the Town of any invoiaa aonla:ining anN such Unautl orized Candit:ions or f�i:ILira to dennaric full compliance with tha tarns and cond:ilions set follh in this Agreament or under llha NJPA Contract shall viol alter such tarns anc conditions ar raliave Vendor from, nor be conslln:ad or deamad a wa:ivar of, its requirements and obligations in the parfornance aflthis Agraelmenl. I I Righls and Privilages. To tha extant provic ad under the NJIPA Contract, llha Town shall ba afforded all of tha r:ighls and privilagas affbrdec to NJIPA and shall ba "NJIPA" (as defined in tha NAPA Contract) for the purpascis of the portions of the NJPA C onllrao that ara incorporatad hare:in by rciffbrenaa. 3084011.1 3 14. Indcunnificalion; Insurance. In addilion to and in no waN ]inviting the plrauisions set forth in Saction 11-1 above, tha 'flown shall be afforded all of the inswansa eavaraga and :indamnificat:ians affbndcc to NJIPA to the emilent provkad Linear the NJIPA Contract, am such insurance covarage and indeimnifications shall :inura and apply with aqua] affficl to tho 'flown undar this Agrecunent inclu6ng, but not aim'ted la, tha Nandor's obli€Iaitiari to provida the irkamnificaticn and insurances. In any eivent, tha Vandor shall indemnify, defend and hold harmloss the Tawn and each cauneil membar, afficeir, cimploycla or agent therciofl(tha Town and aril such person beirig halieiri callad an "]rkamnified ParN"), fbr, from aeric agairisl any and all kisses, alaims, damages, ]liabilities, aosis and expensas (including, but not l:imitod to, reasonable attornaNs' fhes, aourt eosls and thci costs of appallate plraceeidings, to whiah any such Indeimnifieid Parly may bacoma subjeat, under any Theory afl liabillity whatsoevar ("Claims"), :insofar as such Claims (or actions in respect theireof) rcilata to, ariisa aut of, or are caused by or basec upon tha negligenI acts, :inlentional misconduct, errors, mistakeis or omiiss:ians, in eannaction w:ilh the work or sarvicas of tha Vendor, its officers, amp:laNcles, agcinis, ar any tiar of subcontractor :in tha perftirmianc o of this Agreamenl. 15. Notices and Roquests. Any nollica or othar comrr.uniciat:icn raquirac or permitiled to be given undeir This Agreamenl shall] bei in wr'iing and shail:l be deeimeid to hava boen duly g:ivan if (i) delivered to thea party at tha address sat forth I clow, Ilii) deposited ir. the U.S. Mail, regislered ar ceriifia, reiturri reeaipt raquestec, to tre addross set fdrlh below or I1ii:i' pliven to a reeognizad and rapulab:lei ovcirnight delivery samica, to lhei address sat forth below: If to the Town: Town cif lRauntairi Hills 16705 Hast Avant is of l the Hountain s Haurilain Hills, Arioona 85268 A ttn: Grac N E. Miller, 'Dawn Manager With aopy to: If to Vlendor: Rosanbauer SaLlth Dakota, LI1C .100 'ITh ird Straet Lyons, Soul h Dakota 5704:1 Attln: Donlay Hrederickson or at such other ac dross, and to tha aviantian aft such off ar person or officar, as anN plarty may designale :in wr'ling by notice culy given rjursuanl to this subsection. Nolicas shall be daemad recaived Ili) whan cal:ivared to tha part}, (i:i; three businass days after being placid in the U.S. Mail, properly addressad, w:ilh suffic:iant postaga or (viii; the following business day afllen being given to a nciaogniaad overnight deliver)I service, with the person giving tha notica paying all requirad cihaiiges aric instruciling the dalivary service 10 deliver on tha following business daN. If a aopy aft a notice is also givan to a parly's eaurise] or other waip:ient, tha prauisions abava governing the data on whiah a notica is caemad Ila haves bears recaivad by a part) shall mean and refer to iha date on which 1he plarty, and nal :its counsal ar other waipient to which a caply ofltho notice may be sant, is daemad 1l hava naaeivad the nalica. 308 4011.1 4 IN WITNESS WHERBIOB, the parties hercito helve axeciulad This Agrecimenil as cif thea date and yciar first set forth abovca. "Town" TIC WN C F HOUNTIA IN HILILIS, ein Ariaona municiipal aorporalion Gnacy E. Mallen, Tlown Meinagen ATITEST: Blavelyr.i J. Bender, 'flown Clark 9TIAM OF ARIZONA ss. COUNTYI OF MAR: COPA (A CKNC WLHDG M HNTI) On , 20"1, before mci personally appearcid Gnady H. Miller, thea Town Managear of thea TOWN OB FOUNTAIN HILILIS, an Arizona municipal ciorponation, whasca idenlity was pnoven to me an the basis of salisflaicilary ev:idcance to ba thea person who ha cilaims to be, and acknowlcadgad thal ha s:iggncad 1he abovca doaumant, an bcahalfl of the Tawn of Fatinlain Hills. Notary Public (A frix noil airy seal hare) 191IGNAIIURHS CONTINUH CN FOLLIOWING PAGH] 3084011.1 <I "Vendor" ROSENEAUER SOUTH DAKOTA, LLC, a Delaware Ilmlmd liability company Dy� Name:_ Title: �N—E 1 (ACKNOWLEDGMENT) sTATEOF rSu011l WAWA ) a,�/I /, ) as. ft COUNTYOF JdkANA ) On of d oe K 3 , 2017, before me personally appeared _ ISCA11 dy6d I the C-.C.Q_ of ROSENEAUER SOUTH DAKOTA, LLC, a Delaware limited liability company, whose identity was proven to me on the basis of satisfactory evidence to be the person who he/she claims to be, and acknowledged that he/she signed the above document on behalf of the limited liability company. tlj V C, C Notmy Public DANIELV. SCHMIDT My Commisslon Expires (Affix !mtarq seal here) February8,2019 304011.1 EXHIHI'➢ A TC C CCPBRA7IIVE PURCHASING AGREBMENT BBTWEBT� THEW WN C F FICUNTAIN HILLS AND ROSENBAUHRI SOUTH IIAKCTA, LLC [NJIPA C ontract] Seei fol:lawing pagers. 3084011.1 AMEN UMEMIT TO N JPA Contract #011714 -PS D Thi9 AN/ LNEIMEN1T ("A tnanc mant" J to thci Cartraicl ?`?CII 1114-RSCI 11"Ag uornanl") is ciffective ar 11he dale heraof, E anc bctwear N alicm(al Jcinl Pcwara Alliance (" i`JPA" arc Rlcscrbater Sat I h Llakol a, LLC (V endar' . Vandor v,@s awarccd an N'JPA Cantn ct fbr Aire "llnucks anc Aira Appanalm, with belated Acacissarics anic Supplies cffctrtiva AI-- ril 10, 301 until AFlril J0, 2(118, nelaling to Ilia plroviiiior of scuvicias by Vcrdor to NJPA ,rnc its Mcribcns, anc Blolli parties aglrui Ihx1 ciarlair terms within 1he eaniraat shall he updatec aric EIMEridac, anc Vancar and N'JPA dci:,ire to amanc tliei Agraemerd arily to the ElxWrit as 11 art trder prcnvidac. III i aarsic araitia r cif ltlici mutiiail cciueul, nts and agracunarnls descn-ibcc it This Ani ell cmcnt, the pairtias hcreE ) agrcci as f6lici"is: Rom P, Payment Tennis and Hiinancirg Oplions, Qucistiaai 3, Scctian (a, in ilia Viendar's Ruspar se to I lI ei nbava-nacir Boned Reyiesl fkir Plropasal, viae fallaii ing partiar of Re mspanse shall be anianded la stats tlaci folloaring: "Only iii Ilia Tatas fbr Texas, Washingtcin anc ilia glavernmart hodias of Mochceler NY1, Ballimora Counly M ❑I aric all provicances in Cariada Ilia A.O. or Ionil nacl v III bei it th ei c Baler's r ame. 11 -is is duei 'da Stew Laws and ®ovE rn inpll tady's raquiramants fan c sing busir Ess will- a local veinc or. Ail otI ar corilracts cir P.C. will Iia it Ma,cnbarter's riame. MoscnHauer deadcmnctwo:rk infcirmztiar is available Barri Roserl•aucn WHO sile QRosentlaueramariaa.com; or cartracl a Raserbaueir facilily. ❑larder reflcmence to Localion: Rloah astern NY — alealeu: Eri f ire Emerglen ciy Baltiriora (Car r ty M B — Dec ler: DF C. Erri argcrnay Tl -a Clanacian Provicanaas aflManiitaha, Saskalchawan, A Ikeda, British CoAmbia, Norh,Ncs1 Territory, Ilrinaa Ecwarc Island, Yul,cui aric Nova Saatia. Deailcn: floury Mountain Fhciemix 11lie Canadia r Providencia Clritario — Dc alar: blas -Q -"Mach The Canadiair Provider ca Qicbuc - Dealer: A cmo Fat" Pap ei I of 2 2. Except as amended by this Amendment, the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date hereof NATIONALJOIN'rP E ea ROSL 'ER�4�KO/TA,LL—C BY— By Authorized Signature -Signed Auth rized Signature -Signed By Chad Coquette _ By Harold Boer Printed Name Printed Name _ Executive Directory CEO President Rosenbauer America Title - _ Title - Date Date LE i °ate l� Page 2 of 2 FORM D i Formal Offering of Proposal (To be completed Only by Proposer) In compliance with the Request for proposal (RFP) for "FIRE TRUCKS AND FIRE APPARATUS WITH RELATED ACCESSORIES AND SUPPLIES", the undersigned warrants that I/we have examined this RFP and, being familiar with all of the instructions, terms and conditions, general specifications, expectations, technical specifications, service expectations and any special terms, do hereby propose, fully commit and agree to furnish the defined equipment/products and related services in full compliance with all terms, conditions of this RFP, any applicable amendments of this RFP, and all Proposer's Response documentation. Proposer further understands they accept the full responsibility as the sole source of responsibility of the proposed response herein and that the performance of any sub -contractors employed by the Proposer in fulfillment of this proposal is the sole responsibility of the Proposer. Company Address: State: SD zip: 510$1 Contact Person: Title: Al0:ift al $0,1[5 i�Ox�ODCV Authorized Signature (ink only): Born - (Name printed or typed) 49 Foram E JPA Ccin tract Accept arise and Awaod (Ta be earriplleteid orily by N.1 RA) h JPA 01117114 FIRE 'ARUCIKS AND FIRE APPARMU9 W PAF RELATED A CICESSIC RIGS AND 9UPPLIE 9 1` b I Utp K Sw 44-, 1a k U -10A , 1 -LCI Rnopciser's fu II legal name 1 our puapasa I is hatak y accepted a rid awarded. As an aH arc ec Rnopciser, ycru are riiaw tot raid 1 o plravic ei I h(i c efiriec pro( uai)ciquiplmenl and services aanlained In you a prapasai cdllering accorcinill to all teams, coriditlanis, anc pricing set forth ini this RFP, any amEinc n'ieirils to 1 H is RFR, you r REisparisEi, ariic arty Eixcepltionis accEipltEid au ne]EiclEid by NJRAI ari Fcmm C. The eiffeclivei start tate of the Caritract +hill bei V'� 2(1 anc acintirue fcm 11CILir years from tH e boar( awanc Cate, ar is w hicli is su b'Eial arinu al reniew al at tH e a I ion oil t otH parties. This cane 1 P FI tuacl Has the corisideuatiari oil a flftlh year reinieiwal aptiori al I hei c h aetiani oil NJPA. IN al lot ail Joint Powers Alliance' (NJ AA HPAAutharizeic sigriahaw l',a6 Mak-di�1 NJRA ExeeulivEi Direetoii (Name pr1rilec em ty pelt) Aware ed Ihis day all 7ko 20 NJPA CoritrEiel Number 11 (1111714 --Ml) N.IPA Aut hanizec sig r iatu ne:1i� 0 NJPA 9oand Meader (Name printed cw typle( J Execu t ec tH is day of 201 li Contract P u miter A 01111712 - IM'D RnoplasErt hEuiEity acceplls aanlriacl awarc irialudirill all accu;:i id eixcepliorns anc b.IPA clauilliaatioris icenitifiEic ori FORM (1. Verna an Nar i ROSt.%/6#U9,k S 17A�ko+►� �� VEinic ar Au l haniaed siglnatu ue: (NamepArilac or typed] Til lei: C • (,� eg o5CA; 4N V-Fr4 Executec I his day of AP&Q- 2( NJPA Cloril tact Number 11(1111714-29' O f CI �fiJPA � � m t;: National Joint Powers Alliance (herein NJPA) REQUEST FOR PROPOSAL (herein RFP) for the procurement of FIRE TRUCKS AND FIRE APPARATUS WITH RELATED ACCESSORIES AND SUPPLIESI RFP Opening January 17, 2013 8:00 A.M. Central Time At the offices of the National Joint Powers Alliance® 202 12di Street Northeast, Staples, MN 56479 CORRECTED RFP #011714 The National Joint Powers Alliance® (NJPA), on behalf of NJPA and its current and potential Member agencies to include all Government, Higher Education, K12 Education, Non -Profit, and all other Public Agencies located nationally in all fifty states and potentially internationally, issues this Request For Proposal (RFP) to result in a national contract solution for the procurement of FIRE TRUCKS AND FIRE APPARATUS WITH RELATED ACCESSORIES AND SUPPLIES. Details of this RFP are available beginning [November 22, 2013] and continuing until [January 9, 20141. Details may be obtained by letter of request to Maureen Knight, NJPA, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479, or by e-mail at RFP@njpacoop.org. Proposals will be received until January 16, 2014 at 4:30 p.m. Central Time at the above address and opened January 17, 2014 at 8:00 A.M. Central Time. Direct questions regarding this RFP to: Maureen Knight at maureen.kniaht@nipacoop.ora or (218)895-4114 RFP Timeline [November 22, 2013] Publication of RFP in the print and online Minneapolis Star Tribune, in the print version of the Salt Lake News within the state of Utah, in the print and online Daily Journal of Commerce within the State of Oregon, the NJPA website, and on the website of noticetobidders.com [December 17, 20131 Pre -Proposal Conference (webcast— conference call - Connection info 10:00 A.M. Central Time sent to all inquirers two business days prior to the event) [January 9, 2014] Deadline for RFP requests and questions January 16, 2014 Deadline for Submission of Proposals 4:30 P.M. central Time January 17, 2014 Public Opening of Proposals 8:00 A.M. Central Time Direct questions regarding this RFP to: Maureen Knight at maureen.kniaht@nipacoop.ora or (218)895-4114 Methods and guide lines for submitting questions are detailed within the body of this document. t#011P11116I A. TABLE OF CONTENTS 1. INTRODUCTION C. Time A. About NJPA E. B. Joint Exercise of Powers Laws FOB C. Why Respond to a National Cooperative PROPOSAL A. Procurement Contract B. D. The Intent of This RFP Proposer's Exceptions to Terms and E. Scope of This RFP 5. F. Expectations for Equipment/Products 6. F. and Services Being Proposed 7. G. Solutions Based Solicitation Value Added Attributes, H. Inquiry Period H. I. Pre -Proposal Conference Order Process and/or Funds Flow t#011P11116I A. Proposer—Vendor B. Contract C. Time D. Proposer's Response E. Currency F. FOB 3. INSTRUCTIONS FOR PREPARING YOUR PROPOSAL A. Pre -Proposal Conference B. Identification of Key Personnel C. Proposer's Exceptions to Terms and Conditions D. Formal Instructions to Proposers E. Questions and Answers About This RFP F. Modification or Withdrawal of a Submitted Proposal G. Value Added Attributes, Products/Services H. Certificate of Insurance I. Order Process and/or Funds Flow J. Administrative Fees 4. PRICING STRATEGIES A. Line -Item Pricing B. Percentage Discount From Catalog or Category C. Hot List Pricing D. Ceiling Price E. Volume Price Discounts F. Sourced Product/Equipment/Open Market Items G. Cost Plus a Percentage of Cost H. Total Cost of Acquisition I. Requesting Product and Service Additions/Deletions J. Requesting Pricing Changes K. Price and Product Changes Format IBJ L. Single Statement of Pricing — Historical Record of Pricing M. Payment Terms N. Sales Tax 0. Shipping and Shipping Program P. Normal Working Hours MARKETING PLAN PROPOSAL OPENING PROCEDURE EVALUATION OF PROPOSALS A. Proposal Evaluation Process B. Proposer Responsiveness C. Proposal Evaluation Criteria D. Other Consideration E. Cost Comparison F. Product Testing G. Past Performance Information H. Waiver of Formalities POST AWARD OPERATING ISSUES A. Subsequent Agreements B. NJPA Member Sign-up Procedure C. Reporting of Sale Activity D. Audits E. Hub Partner F. Trade -Ins G. Out of Stock Notification H. Termination of a Contract resulting from this RFP GENERAL TERMS AND CONDIITONS A. Advertisement of RFP B. Advertising a Contract Resulting From This RFP C. Applicable Law D. Assignment of Contract E. List of Proposers F. Captions, Headings, and Illustrations G. Data Practices H. Entire Agreement I. Force Majeure J. Gratuities K. Hazardous Substances L. Legal Remedies M. Licenses N. Material Suppliers and Sub -Contractors 0. Non -Wavier of Rights P. Protests of Awards Made Ct, Provisions Required by Law R. Right to Assurance S. Suspension or Disbarment Status T. Affirmative Action U. Severability 11. PRE -SUBMISSION CHECKLIST V. Relationship of Parties 10, FORMS A, B, C, D, E, F, G & P 1. INTRODUCTION A. ABOUT NJPA 1_1 The National Joint Powers Alliance®- (NJPA)- is a public agency serving as a national municipal contracting agency established under the Service Cooperative statute by Minnesota Legislative Statute §123A.21 with the authority to develop and offer, among other services, cooperative procurement services to its membership. Eligible membership and participation includes states, cities, counties, all government agencies, both public and non-public educational agencies, colleges, universities and non-profit organizations. 1_2 Under the authority of Minnesota state laws and enabling legislation, NJPA facilitates a competitive bidding and contracting process on behalf of the needs of itself and the needs of current and potential member agencies nationally. This process results in national procurement contracts with various Vendors of products/equipment and services which NJPA Member agencies desire to procure. These procurement contracts are created in compliance with applicable Minnesota Municipal Contracting Laws. A complete listing of NJPA cooperative procurement contracts can be found at www.nioac000.org. 1_3 NJPA is a public agency governed by publicly elected officials that serve as the NJPA Board of Directors. NJPA's Board of Directors calls for all proposals, awards all Contracts, and hosts those resulting Contracts for the benefit of its own and its Members use. 1.3.1 Subject to Approval of the NJPA Board: NJPA contracts are awarded by the action of NJPA Board of Directors. This action is based on the open and competitive bidding process facilitated by NJPA. The evaluation and resulting recommendation is presented to the Board of Directors by the NJPA Proposal Evaluation Committee. 1_4 NJPA currently serves over 47,000 member agencies nationally. Both membership and utilization of NJPA contracts continue to expand, due in part to the increasing acceptance of Cooperative Purchasing throughout the government and education communities nationally. B. JOINT EXERCISE OF POWERS LAWS 1_5 NJPA cooperatively shares those contracts with its Members nationwide through various "Joint Exercise of Powers Laws" established in Minnesota and other States. The Minnesota "Joint Exercise of Powers Law" is Minnesota Statute §471.59 which states "Two or more governmental units ... may jointly or cooperatively exercise any power common to the contracting parties..." Similar Joint Exercise of Powers Laws exists within the laws of each State of the United States. This Minnesota Statute allows NJPA to serve Member agencies located in all other states. Municipal agencies nationally have the ability to participate in cooperative purchasing activities as a result of specific laws of their own state. These laws can be found on our website at htto://www. ni pacoop.o rg/national-coolie rative-co ntract-solutions/legal-authority/. C. WHY RESPOND TO A NATIONAL COOPERATIVE PROCUREMENT CONTRACT 1_6 National Cooperative Procurement Contracts create value for Municipal and Public Agencies, as well as for Vendors of products/equipment and services in a variety of ways: 1.6.1 National cooperative contracts potentially save the time and effort of Municipal and Public Agencies who would have been otherwise charged with soliciting vendor responses to individual RFPs, resulting in individual contracts, to meet the procurement needs of their respective agencies. Considerable time and effort is also potentially saved by the Vendors who would have had to otherwise respond each of those individual RFPs. A single, nationally advertised RFP, resulting In a single, national cooperative contract can potentially replace thousands of individual RFPs for the same products/services that might have been otherwise advertised by individual NJPA member agencies. 1.6.2 N1PA contracts offer our Members nationally leveraged volume Purchasing discounts. Our contract terms and conditions offer the opportunity for Vendors to recognize individual member procurement volume commitment through additional volume based contract discounts. 1_7 State laws that permit or encourage cooperative purchasing contracts do so with the belief that cooperative efficiencies will result in lower prices, better overall value, and considerable time savings. 1_8 The collective purchasing power of thousands of NJPA Member agencies nationwide offers the opportunity for volume pricing discounts. Although no sales or sales volume is guaranteed by an NJPA Contract resulting from this RFP, substantial volume is anticipated and volume pricing is requested and justified. 1_9 NJPA and its Members desire the best value for their procurement dollar as well as a competitive price. Pre -competed procurement contracts offer NJPA and its Member agencies the ability to directly compare non -price factors in their procurement analysis. Vendors have the opportunity to display and highlight value added attributes of their company, equipment/products and services without constraints of a typical individual proposal process. D. THE INTENT OF THIS RFP 1.10. A national contract awarded bythe NJPA Board of Directors: The intent of this RFP is to award a national contract by the action of the NJPA Board of Directors. This action will be influenced by the recommendation of the NJPA Proposal Evaluation Committee, and as a result of the competitive proposal and evaluation process which has been designed to reflectthe best interests of NJPA and its Member agencies. NJPA is seeking the most responsive Vendor relationship(s) to meet this need. The goal and intent of this RFP is to follow through with an award and contract, which will be marketed nationally through a cooperative effort between the awarded vendor(s) and NJPA. 1.11 NJWs primary intent is to establish and provide a national cooperative procurement contract, offering opportunities for NJPA and our Member agencies to procure quality product/equipment and services as desired and needed. Contracts are expected to offer price levels reflective of the potential and collective volume of NJPA and the nationally established NJPA membership base. 1.11.1 Beyond our primary intent, NJPA further desires to: • Award a four year term contract with a fifth year contract option resulting from this RFP; • Offer and apply any applicable technological advances throughout the term of a contract resulting from this RFP; • Deliver "Value Added" aspects of the company, equipment/products and services as defined in the "Proposer's Response"; • Deliver wide spectrums of solutions to meet the needs and requirement of NJPA and NAPA Member agencies. • Award an exclusive contract to the most responsive vendor when it is deemed to be in the best interest of NJPA and the NJPA Member agencies. 1.12 Non -Manufacturer Awards: NJPA reserves the right to make an award related to this invitation to a non -manufacturer or dealer/distributor if such action is in the best interests of NAPA and its Members. 1.13 Exclusive or Multiple Awards: Based on the goals and scope of this RFP, NJPA is requesting responders to demonstrate their ability to serve the needs of NJPA's national membership. It is NJPA's intent and desire to award a contract to a single exclusive Vendor to serve our membership's needs. To meet the goals of this RFP, NAPA reserves the right to award a Contract to multiple Proposers where the result of the responding Proposers justifies a multiple award and multiple contracts are deemed to be in the best interests of NJPA Member agencies. E. SCOPE OF THIS REP 1.14 The scope, goal and intent of this RFP is to award a contract to a qualifying vendor defined as a manufacturer, provider, or dealer/distributor, established as a Proposer, and deemed responsive through our open and competitive proposal process. Vendors will be awarded contracts based on the proposal and responders demonstrated ability to meet the expectations of the RFP and demonstrate the overall highest valued solutions which meet and/or exceed the current and future needs and requirements of NJPA and its Member agencies nationally within the scope of FIRE TRUCKS AND FIRE APPARATUS WITH RELATED ACCESSORIES AND SUPPLIES. Qualifying Proposers who are able to anticipate the current and future needs and requirements of NJPA and NAPA member agencies; demonstrate the knowledge of any and all applicable industry standards, laws and regulations; and possess the willingness and ability to distribute, market to and service NJPA Members in all 50 states are preferred. NAPA requests proposers submit their entire product line as it applies and relates to the scope of this RFP. All proposals deemed responsive will be evaluated based on their ability to provide the overall highest value to NAPA and NJPA Member agencies. One of the measures of overall highest value will be the proposed breadth and depth of products and services. 1.15 Best and Most Responsive—Responsible Proposer: It is the intent of NJPA to award a Contract to the best and most responsible and responsive Proposer(s) offering the best overall quality and selection of equipment/products and services meeting the commonly requested specifications of the NJPA and NJPA Members, provided the Proposer's Response has been submitted in accordance with the requirements of this RFP. 1.16 Sealed Proposals: NJPA will receive sealed proposal responses to this RFP in accordance with accepted standards set forth in the Minnesota Procurement Code and Uniform Municipal Contracting Law. Awards may be made to responsible and responsive Proposers whose proposals are determined in writing to be the most advantageous to NAPA and its current or qualifying future NJPA Member agencies. 1.17 Use of Contract: Any Contract resulting from this solicitation shall be awarded with the understanding that it is for the sole convenience of NJPA and its Members. NJPA and/or its members reserve the right to obtain like product/equipment and services solely from this Contract or from another contract source of their choice or from a contract resulting from their own procurement process. 1.18 NJPA's Interest in a contract resulting from this RFP: Not withstanding its own use, to the extent NJPA issues this RFP and any resulting contract for the use of its Members, NJPA's interests and liability fan said use shall teI limitEIC to thEI camplEltitive pplaplosal process plElrlormec amid 1Elrirris and coricilions relallirlg to salt cantnact aric shall not ElxlElrld to the prc i9, servicEls, or "arralfltlElS of the Awai Veric au or Ila intent ed or a niiriteric EIc efilects of the pploduct/equipment aric services plracu red th Elrie from. 1.119 Awaii Vemiccw's iritemest in a contract resultirig from this RFP: Awandec Venidors will to able to ofilerla I`.IRA, and currerii aric platerilial NJRA Memters, airily111ci procLcis/eclLiplmElrii aric SElrvices splecifically awandec ari their li Awarcad Coritnactjsj. Awauced Vericci may riot ofller as "coriinact carril ierii", proc a cts/equ ipmeril and services wH ich ai riot splecilically k Elritified aric pinicElc iri their NIRA Awandec Coril raci. 1.20 Sole Source of Resplonisibilitl- NJPA c ElsirEls a "51ole Source cd REISp oris it ility" VElric an meariirig t h e Vencor will take sole nesplonsitility for the plerfcuimaricEl of delivEmed plracucis/SElrvicEls. I`.IRA also desires sole uesplonsit ility v\ itll regarc la: 1.20.11 Slaopel of Prac L ets/Selrvicels: NIRA desiries a prov is en fcui thEI t nook Elst possible scope of proc ucts/ecluipmeril aric services bein€l proplcrsEld crverthEl lar€lest plassible gElagraplhic area and to tH EI largest plossit IEI cross-section of NIRA cu rrElrit anc potElritiail Melmt erns. 1.30.3 Velnidor LSEI cif SILL -contractors iri sourcirig or deliveririg product/elquiplmarit and services: NIRA cesires ai single source of nesporisibilily for equipmeril/plracucts avid sElrviaes proposElc. Proplcrsems arae assumed to Have sub-eariinactor rEllalici ishiKls with all organizations aric incivicuals whom are e)terrial to 11EI Proplcrsern aric are irivolvEld iri providirig an delivEniirig the phot uat/equipment anc services bEliri@l proplasElc. VElnidor a1SSLmeu all nesponsibiliiy for the equipment/proc i aric SEII icels arid acltians ciii such Su t-Contracl ai 11.331 Ac c itiona l Delflnitions ilari the staple of this soliciil atic i. 11.2111.11 In additiari to FIRE TRUCIBS PNEI HIRE APRA11i WITH RELATED ACICIESSORIES AND SURRLIES, this solicitation sh au Ic bel read la incdu c e, but not limited la: ]1.3]1.11.11 Aenials, Rumplers, Rescues, TainkEli TarikElr/RL mpEms, Mini Uriiis, Quick Allauk, Ambulance, Crew Trucks, aric Ainporl Uriiis. 11.2111.3 I`.IRA neserVEIS the ri€lht to limit the suaple of this saliciiation fcul NIRA anc cu rrelnt and plotenii ial NJPA rriElmber agericies. 31.33 Suggested Slalutions Clpticlns 11.33.11 All palential RnoposElrs are assLmElc to be prcdessiclrials in their rest iia fields. As pinofElssionals y cru am c eemed to HEI irisin i Edy farriiliari with tH EI SrlEIcl rL rri oil NIRA amid NJRA Members' rieec s aric rElclu inelmElnits N ii h relsplect 1 o th a scclple of this RFR. 11.33.3 \A it h 1 h is int ini knowlec @le of NJPA aric NJRA MEIrri berns' nElElds, Rrclplosers ares irisfill ield to provicel their proposal rest isEl in a format cElsciribirig tHElir solutioris to 11 CISEI CL rllent aric futu m rleec s aric IIegU irements. RrOpo5EIr5 SH OL IC i akEI cane to bEI Elcanarnical in their riesporise to tH is FIFR. 11.213 Multiple solutions to 1 he needs of NIRA aric NJRA Marrltans ane possible. Examples ccalc inclu c e: 91.2.1.3.11 Equi r1menit) Prod ucts Only Solutiani: Equipmenil/rInacucts Only 9011,tiani may be appropriate fall situations WhErre NJRA ori NJRA MErmbers Elassess the ability, either in-l-CIL9a ori tNrcrugh local thind party ciontraclans, la EploperIN irisiall and bring to OrlEulation those equipment/proc LCIS Laing propoSElc. 11.213.21 Turn -Key 9olutioris: A Turni-Key 90lutiani is a comtiriation of ErquiKlmErrit/pracu(its Grit Services which provides a siriEllEl price for egLipmenil/rInadwits, c Edi%ery, and installal iori to a propernly OrlEniating statL s. Generally 1 h is is the mosl cesiratle SCdutiori as NIRA aric 1`.IRA Meini may not rIcrsSENS, on desire to en€la€lei KlErnsanmiel with the r1EICEISSary e) pertise to C10n lEite th EISEI tasks intErrrially or 11 naugh crtl- eir iric eiperic Eirit coril ractons 11.:111.3.3 Cooc, Beller, Best: Where apprciriniate and Eplaplerly icentifiec, Rnoposer5 are imv ited to crfiler tN EI CHOICIE of gooc — Letl en — bE131 multirllEl ElradEr solutions la NIRA aric NJPA Members' riEieds. 11.i"111.3.4 Rroveri — Acceptec — Leeic irig Edge llech rialogy: \ h etre appriopriate aric Kplaplerly icentified, RnaEloseirs ane iniviteid to provide an appropriate idEiritifieid spectnum of technology scdul ioris to cicrmplirrrElrit an Einharice the ilu nulticrriality of 1 h ei ElrlopoSElc salulioristol`.IRAaric NJPAMemter5'rieedsLoth now anc initothefLturle. 11.213 Ovenlarl of Slcorle: 11.213.11\A [ani cionisiderinEl EiclL ipmenil, products, or Eplau Fls cif r1noduct/ equipi'li aric SErrviCEIS SL L rrritl EIC aIS a part of yaL n response, aric v,ih either in(IlL cion of suct v,iill fall with iri a "ScopEI Of Rrloposal", please cionsider th Er v alit iiy of an inivEulsEr sl atement. • For e)arli pErricils Grit Klasl-it-not Els can g8rienally be classilliElc as affice SL KIKIIiErS aric ofilicEI Su pplies geriEulally include pErricils Grit Klast-it-nioleis. • In canitrasl, acrmputErrs iIRCls and peripherals) rani E1Errierally bEr considerElc affice sL 111 C11 evEnl, till Er scoFle of ofilicie supplies c cies riot geriEulally iriclu c Er computErr servers anic infrasl rL c1 L re. • In conic lu sion: \A itill tli is in miric, individual Flrodu Cts and services must t e smarrlinlEIC individL ally by NIRA, from 1 ime to time aric int its sale c isciietion, to cetErrminie their compliance and fail within 11- e aniairial "9caF1e" as intEirided bN N.1 RA. 1.34 Geograplh is Alicia to be Prorlasec : This RFR inv it EIS Flnaplosals to Flrlov is Er FIF E TRUCKS P ND FIRS A RRARATUS WITH F ELATED ACCESSICIRIESI P ND SURRIi to NJRA aric 1` JRA Memters 11- nouElh aut 11- e erllirEl United 91 and possibIN irllElnnationallN. Proriclserls will be ey pectec la eyprless willirlgnElss to eNplorEl servicErlcr NJRA ME1rrrbEuls lociatec abroad; howeverthe lacN oll atility to serve Memters Cwtsice of the United Stales will riot be cac.se for riani-Emiand. The atility and williniElness to servEl Cariaida, 11on instance, will to viewElc as a value-aidded altnit ute. 1.25 Manufacturer cls a Rnaplasen: If tNEI ProKlasEul is a MarlufacturElll or wholesale distnitutor, the nesporiSEr rercklivec will Le evaluatEIC an the basis of a nesplonse made ini conjunction with That 6 Manufacturers authorized Dealer Network. Unless stated otherwise, a Manufacturer or wholesale distributor Proposer is assumed to have a documented relationship with their Dealer Network where that Dealer Network is informed of, and authorized to accept, purchase orders pursuant to any Contract resulting from this RFP on behalf of the Manufacturer or wholesale distributor Proposer. Any such dealer will be considered a sub -contractor of the Proposer/Vendor. The relationship between the Manufacturer and wholesale distributor Proposer and its Dealer Network may be proposed at the time of the proposed submission if that fact is properly identified. 1.26 Dealer/Re-seller as a Proposer: If the Proposer is a dealer or re -seller of the products and/or services being proposed, the response will be evaluated based on the Proposer's authorization to provide those products and services from their manufacturer. Where appropriate, Proposers must document their authority to offer those products and/or services. 1.27 Contract Term: At NJPA's option a contract resulting from this RFP will become effective either; 1) The date awarded by the NJPA Board of Directors, or 2) The day following the expiration date of an existing NJPA procurement contract for the same or similar product/equipment and services. 1.27.1 NJPA is seeking a Contract base term of four years subject to annual renewals as allowed by Minnesota Contracting Law. Full term is expected, however will only occur through successful annual renewals. One additional one-year renewal -extension may be offered by NJPA to Vendor beyond the original four year term if NJPA deems such action to be in the best interests of NJPA and its Members. 1.28 Minimum Contract Value: NJPA anticipates considerable activity resulting from this RFP and subsequent award; however, no commitment of any kind is made concerning actual quantities to be acquired. NJPA does not guarantee usage. Usage will depend on the actual needs of the NJPA Members and the value of the awarded contract. 1.29 Estimated Contract Volume: Estimated quantities and sales volume are based on potential usage by NJPA and NJPA Member agencies nationally. 1.30 Largest Possible Solution: If applicable, Contracts will be awarded to Proposer(s) able to deliver a proposal meeting the entire needs of NJPA and its Members within the scope of this RFP. NJPA prefers Proposers submit their complete product line of products and services described in the scope of this RFP. NJPA reserves the right to reject individual, or groupings of specific equipment/products and services proposals as a part of the award. 1.31 Contract Availability: This Contract must be available to all current and potential NJPA Members who choose to utilize this NJPA Contract to include all governmental and public agencies, public and private primary and secondary education agencies, and all non-profit organizations nationally. 1.32 Proposer's Commitment Period: In order to allow NJPA the opportunity to evaluate each proposal thoroughly, NJPA requires any response to this solicitation be valid and irrevocable for ninety (90) days after the date proposals were opened regarding this RFP. F. EXPECTATIONS FOR EQUIPMENT/PRODUCTS AND SERVICES BEING PROPOSED 1.33 Industry Standards: Except as contained herein, the specifications or solutions for this RFP shall be those accepted guidelines set forth by the FIRE TRUCKS AND FIRE APPARATUS WITH RELATED ACCESSORIES AND SUPPLIES industry, as they are generally understood and accepted within that industry across the nation. Submitted products/equipment, related services, and their warranties and 10 z ssu ra ncieis z ne rEiqu irEid tcI rTIEIEIt z rid/ on Eixeeec ill cu rulent, 1 rad itiar al a rd a niticipzted rieec s a c rElquinemElrits of l•.IRA z ric its Members. ]1.3131.11 Del%iationis 11rom industay starridards must tEi icEmtiilied by thEi Pnoplaser aric Ei� Kllairiec haw, in 1 h ein clplir iori, the equ ipment/ pro( a cts aric servicEis thEly pinopose will rElrider EICILKalerit ilurid iariality, co%einaEla, plerformarice, z ric/or rEdztec services. III re to detail all such ceiviaiiaris may eomppusa sufilieierit Eplaurids ilor ue,jeuii iari clilI he entire prclplasail. 1.33.2Teahnieal DElseripltiaris/SpEleificatioris. Ruclplosers must supply sufficient iriilorim ation to: • DEirrrarislraitethEIRrclplasEM'skrICIWIEICgeofindustrylstaridarc3,anc • 111 hEi EiquiplrrlElrit/pinoducts amid SElrvi(ies teirg plroposEic, aric • DifilerEiril iate those plrodu cts anc services from ath ers. E)CEISSKS tecihriicial desenipltiaris and splEWificatioris whiah, iri the clplinicin till l`.IRA uriculy erilz rEle the plropasz I resparISEI may rElc uciEI Eivalu aitiari plairils a" ardec ori Fanm G. 1.34 Implortant note: li does riot typically p ucivide pploduct aric serviaE1 spleeifiaztiaris; natty EUI li is requ EIStirig ari industry) sl andarc cul a caEipl ed sp adficz tion fcnl the nequ esl Eld pploduct/equ ipmerii avid services. WhEirEi spleciilic line items are spElcifie(, those line itEIMS should be cionsiderElc the miniimum whicih Can bEI eAplan(EIc ty 1he RrclplasEUl to (EIRERI the Rnoploser's "Solution" to li aid NJPA MElmbews' nieElcs. 1.35 Commonly used Aroducit/9qu ipment and Services: It is irrlplarlant tH zt the equipment/ prciCucis aric serviCEIS su bmittec z rEI 1 h e equiplrrlEirity plrodu cts and services eommarily usEld ty pu bli(i sector eril ities. 1.36 New Cu rrent Modell Proc u at/ Equiplmeril: RnoposalS Su t mittec shz II be for rIEI", cu nnerit model plroc a CtS aric SEirviaes with the e)ciEipltiori of CElrtain close-aut pploducts z IIowEIc la t EI affemed oni thEI PropcISEIII's "F of 11i descnitad herein. 1.37 Compliariee with laws and standarc s: All items su plplliec ori 11 -is Caril haat shall cavi with arty ciu nnenl aplplliaable sz fety or reElu laitory s1 aridarc s or cac es. 1.38 Delivered aric openiatiarial; Proc u cts/ equ iplment ofilerec H Elwin are 1 a t e proposElc t ase( u plari beinEl delivEwed and oplEUlationzI at the NJPA MEIrrIbEul's site. BUIrltians to "cEdiveirec aric operational" rrlusi tEI Elxpllic 1i CiS(11CISEIC iri tHEI "Tolail Cost of kiquisition" sElcdion ofycru rl pinoplosal nesporISEI. 1.39 Warranty: The Rraplasem warrarits that all pro(a ats, equiplrrlElrit, Su plpllies, anc SEINiCEIS celiverEld u ndEir 11 -is Coril ra cit s h aill be cov EUIed by 11-a iric a stray staric aind on beta EUI wa rrarity. All plro(u Cts grid equipment shaulc ciarry a minimum industrylstzricard mariuilaeturer's wzrularily That iricludes materials aric labor. TH EI ProposElr has the pIrin ryl rElsplarisit ility to Su t mit prac uct specific warramity Es nequ irec aric aaceplEld ty industry slaindzres. DElailerl/distributors aEluee to assist the purcNasEUI in nezching a saluticin in al c isputEl o%EUI waurrarily's terms with the mz riufacturer. Ariy marlfactu rEIII's warrarity whicih is efilectivE1 pass 118 Elxpiral iari of th EI u\ anrrarity ti ill to plassEld ori 1 cI th EI NJPA mElmber. Failure to submit a rrliriimurrl warranty ni result iri nori-awz rc. 11.410 Praplaserr s 114 anrants: TH EI Proplasem warrants sill plrodu ci equ iplmElnit anc nelatEic SEIrviCEIS furriishec hereuricerl will to frEle from liens aric ericumtnanees; cefEICIS iri cosign, maiterizls, aric wankr ish ip; aric will conform iri all rresplects to th 8 tEIIIMS of th is RFP inelu c irig any spEiaifieal ioris cm standards. In addition, Proposer/Vendor warrants the products/equipment and related services are suitable for and will perform in accordance with the purposes for which they were intended. G. SOLUTIONS BASED SOLICITATION 1.41 NJPA solicitations and contract process will not offer specific specifications for proposers to meet or base your response on. This RFP is a "Solutions Based Solicitation." This means the proposers are asked to understand and anticipate the current and future needs of NJPA and the nationally located NJPA membership base, within the scope of this RFP, and including specifications commonly desired or required by law or industry standards. Your proposal will be evaluated in part on your demonstrated ability to meet or exceed the needs and requirements of NJPA and our member agencies within the defined scope of this RFP. H. INQUIRY PERIOD 1.42 The inquiry period shall begin at the date of first advertisement and continue to the "Deadline for Requests." RFP packages shall be distributed to Potential Bidders during the inquiry period. The purpose for the defined "Inquiry Period" is to ensure proposers have enough time to complete and deliver the proposal to our office. I. PRE -PROPOSAL CONFERENCE 1.43 Potential Proposers inquiring before the optional "Pre -Proposal Conference" will be invited via the e-mail address used to make their inquiry. The purpose of the pre -proposal conference is to allow Potential Proposers to ask questions and hear answers from their own questions and the questions of other Potential Proposers. 2. DEFINITIONS A. PROPOSER -VENDOR 2_1 Exclusive Vendor- A sole Vendor awarded in a product category. NJPA reserves the right to award to an Exclusive Vendor in the event that such an award is in the best interests of NJPA Members nationally. A Proposer that exhibits and demonstrates the ability to offer and execute an outstanding overall program, demonstrates the ability and willingness to serve NJPA current and qualifying Members in all 50 states and comply with all other requirements of this RFP, is preferred. 2_2 Potential Proposer -A person or entity requesting a copy of this RFP. 2_3 Proposer- A company, person, or entity delivering a timely response to this RFP. 2_4 Vendor- One of a number of Proposers whose proposal has been awarded a contract pursuant to this RFP. 2_5 Request for Proposal- Herein referred to as RFP. B. CONTRACT 2_6 "Contract" as used herein shall mean this RFP, pricing, and fully executed forms P, C, D and E ("Acceptance and Award") with final terms and conditions. Form E will be executed on or after award and will provide final clarification of terms and conditions of the award. 12 C. TIME 2_7 Periods of time, stated as number of days, shall be in calendar days. D. PROPOSER'S RESPONSE 2_8 A Proposer's Response is the entire collection of documents as they are received by NJPA from a Potential Proposer in response to this RFP. E.CURRENCY F. FOB 2_9 All transactions are payable in U.S. dollars on U.S. sales. All administrative fees are to be paid in U.S. dollars. 2.10 FOB stands for "Freight On Board" and defines the point at which responsibility for loss and damage of product/equipment purchased is transferred from Seller to Buyer. "FOB Destination" defines that transfer of responsibility for loss is transferred from Seller to Buyer at the Buyer's designated delivery point. 2.11 FOB does not identify who is responsible for the costs of shipping. The responsibility forthe costs of shipping is addressed elsewhere in this document. 3. INSTRUCTIONS FOR PREPARING YOUR PROPOSAL A. PRE -PROPOSAL CONFERENCE 3_3 A non -mandatory pre -proposal conference will be held at the date and time specified in the time line on page one of this RFP. Conference call and web connection information will be sent to all Potential Proposers through the same means employed in their inquiry. The purpose of this conference call is to allow Potential Proposers to ask questions regarding this RFP. Only answers issued in writing by N1PA to questions asked before or during the Pre -proposal Conference shall be considered binding. B. IDENTIFICATION OF KEY PERSONNEL 3_2 Vendor will designate one senior staff individual who will represent the awarded Vendor to NJPA. This contact person will correspond with members for technical assistance, questions or problems that may arise including instructions regarding different contacts for different geographical areas as needed. 3_3 Individuals should also be identified (if applicable) as the primary contacts for the contents of this proposal, marketing, sales, and any other area deemed essential by the Proposer. C. PROPOSER'S EXCEPTIONS TO TERMS AND CONDITIONS 3_4 Any exceptions, deviations, or contingencies a Proposer may have to the terms and conditions contained herein must be documented on Form C. 3_5 Exceptions, deviations or contingencies stipulated in Proposer's Response, while possibly necessary in the view of the Proposer, may result in disqualification of a Proposal Response. 13 D. FORMAL INSTRUCTIONS TO PROPOSERS 3_6 It is the responsibility of all Proposers to examine the entire RFP package, to seek clarification of any item or requirement that may not be clear and to check all responses for accuracy before submitting a Proposal. Negligence in preparing a Proposal confers no right of withdrawal after the deadline for submission of proposals. 3_7 All proposals must be sent to 'The National Joint Powers Alliance®, 202 12th ST NE Staples, MN 56479." 3_9 Format for proposal response: All proposals must be physically delivered to NJPA at the above address in the following format: 3.9.1 Hard copy original signed, completed, and dated forms C, D, F and hard copy signed signature page only from forms A and P from this RFP, 3.9.2 Hard copies of all addenda issued for the RFP with original counter signed by the Proposer, 3.9.3 Certificate of insurance verifying the coverage identified in this RFP, 3.9.4 A complete copy of your response on a CD (Compact Disc) or flash drive. The copy shall contain completed Forms A, B, C, D, E, F & P and your statement of products and pricing (including apparent discount) together with all appropriate attachments. Everything you send with your hard copy should also be included in the electronic copy. As a public agency, NAPA proposals, responses and awarded contracts are a matter of public record, except for that data included in the proposals, responses and awarded contracts that is classified as nonpublic; thus, pursuant to NJPA policies and RFP terms and conditions, all documentation, except for that data which is nonpublic is available for review by the public through a public records request. If you wish to request that certain information that falls within Minnesota Statute §13.37 be redacted, such request must be made within thirty -days of award/non-award. 3_9 All Proposal forms must be submitted in English and be legible. All appropriate forms must be executed by an authorized signatory of the Proposer. Blue ink is preferred for signatures. 3.10 Proposal submissions should be submitted using the electronic forms provided. If a Proposer chooses to use alternative documents for their response, the proposer will be responsible for ensuring the content is effectively equal to the NJPA form and the document is in a format readable by NJPA. 3.11 It is the responsibility of the Proposer to be certain the proposal submittal is in the physical possession of NJPA on or prior to the deadline for submission of proposals. 3.11.1 Proposals must be submitted in a sealed envelope or box properly addressed to NJPA and prominently identifying the proposal number, proposal category name, the message "Hold for Proposal Opening", and the deadline for proposal submission. NJPA cannot be responsible for late receipt of proposals. Proposals received by the correct deadline for proposal submission will be opened and the name of each Proposer and other appropriate information will be publicly read. 3.12 Corrections, erasures, and interlineations on a Proposer's Response must be initialed by the authorized signer in original ink on all copies to be considered. 3.13 Addendums to the RFP: The Proposer is responsible for ensuring receipt of all addendums to this 14 RFP. 3.13.1 Proposer's are responsible for checking directly with the NJPA website for addendums to this RFP. 3.13.2 Addendums to this RFP can change terns and conditions of the RFP including the deadline for submission of proposals. E. QUESTIONS AND ANSWERS ABOUT THIS RFP 3.14 Upon examination of this RFP document, Proposer shall promptly notify the NJPA of any ambiguity, inconsistency, or error they may discover. Interpretations, corrections and changes to this RFP will be made by NJPA through addendum. Interpretations, corrections, or changes made in any other manner will not be binding and Proposer shall not rely upon such. 3.15 Submit all questions about this RFP, in writing, referencing "FIRE TRUCKS AND FIRE APPARATUS WITH RELATED ACCESSORIES AND SUPPLIES to Maureen Knight, NJPA 202 12th Street NE, Staples, MN 56479 or RFP@njpacoop.org. Those not having access to the Internet may call Maureen Knight at (218) 895-4114. Requests for additional information or interpretation of instructions to Proposers or technical specifications shall also be addressed to Maureen Knight. NJPA urges Potential Proposers to communicate all concerns well in advance of the deadline to avoid misunderstandings. Questions received less than seven (7) days ending at 4:00 p.m. Central Time of the seventh (7`") calendar day prior to proposal due -date cannot be answered. 3.16 If the answer to a question is deemed by NJPA to have a material impact on other potential proposers orthe RFP itself, the answer to the question will become an addendum to this RFP. 3.17 If the answer to a question is deemed by NJPA to be a clarification of existing terms and conditions and does not have a material impact on other potential proposers or the RFP itself, no further documentation of that question is required. 3.18 As used in this solicitation, clarification means communication with a Potential Proposer for the sole purpose of eliminating minor irregularities, informalities, or apparent clerical mistakes in the RFP. 3.19 Addenda are written instruments issued by NJPA that modify or interpret the RFP. All addenda issued by NJPA shall become a part of the RFP. Addenda will be delivered to all Potential Proposers using the same method of delivery of the original RFP material. NJPA accepts no liability in connection with the delivery of said materials. Copies of addenda will also be made available on the NJPA website at www.nipacoop.orR by clicking on "Current and Pending Solicitations' and from the NJPA offices. No questions will be accepted by N1PA later than seven (7) days prior to the deadline for receipt of proposals, except an addendum withdrawing the request for proposals or one that includes postponement of the date of receipt of proposals. Each Potential Proposer shall ascertain prior to submitting a Proposal that it has received all addenda issued, and the Proposer shall acknowledge their receipt in its Proposal Response. 3.20 An amendment to a submitted proposal must be in writing and delivered to NJPA no laterthan the time specified for opening of all proposals. F. MODIFICATION OR WITHDRAWAL OF A SUBMITTED PROPOSAL 3.21 A submitted proposal may not be modified, withdrawn from or cancelled by the Proposer for a period of ninety (90) days following the date proposals were opened regarding this RFP. Prior to the deadline for submission of proposals, any proposal submitted may be modified or withdrawn by notice to the NJPA Manager of Bids and Contracts. Such notice shall be submitted in writing and include the 15 signature of the Proposer and shall be delivered to NJPA prior to the deadline for submission of proposals and it shall be so worded as not to reveal the content of the original proposal. However, the original proposal shall not be physically returned to the Potential Proposer until after the official proposal opening. Withdrawn proposals may be resubmitted up to the time designated for the receipt of the proposals if they are then fully in conformance with the Instructions to Proposer. G. VALUE ADDED ATTRIBUTES, PRODUCTS/SERVICES 3.22 Examples of Value Added Attributes: Value -Added attributes, products and services are items offered in addition to the products and services being proposed which adds value to those items being proposed. The availability of a contract for maintenance or service after the initial sale, installation, and set-up may, for instance, be "Value Added Services" for products where a typical buyer may not have the ability to perform these functions. 3.23 Where to document Value Added Attributes: The opportunity to indicate value added dimensions and such advancements will be available in the Proposer's Questionnaire and Proposer's product and service submittal. 3.24 Value added equipment/products and services and expanded services, as they relate to this RFP, will be given positive consideration in the award selection. Consideration will be given to an expanded selection of "FIRE TRUCKS AND FIRE APPARATUS WITH RELATED ACCESSORIES AND SUPPLIES", and advances to provide products/services, supplies meeting and/or exceeding today's industry standards and expectations. A value add would include a program or service that further serves the members needs above and possibly beyond standard expectation and complements the equipment/products and services and training. Value added could include areas of product and service, sales, ordering, delivery, performance, maintenance, technology, and service that furthers the functionality and effectiveness of the procurement process while remaining within the scope of this RFP. 3.25 Minority, Small Business, and Women Business Enterprise (WMBE) participation: It is the policy of some NJPA Members to involve Minority, Small Business, and WMBE contractors in the process to purchase product/equipment and related services. Vendors should document WMBE status for their organization AND any such status of their affiliates (i.e. Supplier networks) involved in carrying out the activities invited. The ability of a Proposer to provide "Credits" to NJPA and NJPA Members in these subject areas, either individually or through related entities involved in the transaction, will be evaluated positively by NJPA and reflected in the "value added" area of the evaluation. NJPA is committed to facilitating the realization of such "Credits" through certain structuring techniques for transactions resulting from this RFP. 3.26 Environmentally Preferred Purchasing Opportunities: There is a growing trend among NJPA Members to consider the environmental impact of the equipment/products and related services they purchase. "Green" characteristics demonstrated by responding companies will be evaluated positively by NJPA and reflected in the "value added" area of the evaluation. Please identify any Green characteristics of the product/equipment and related services in your proposal and identify the sanctioning body determining that characteristic. Where appropriate, please indicate which products have been certified as "green" and by which certifying agency. 3.27 On -Line Requisitioning systems: When applicable, on-line requisitioning systems will be viewed as a value-added characteristic. Proposer shall include documentation about user interfaces that make on- line ordering easy for NJPA Members as well as the ability to punch -out from mainstream e - Procurement or Enterprise Resource Planning (ERP) systems that NJPA Members may currently utilize. 16 3.28 Financing: The ability of the Proposer to provide financing options for the products and services being proposed will be viewed as a Value Added Attribute. H. CERTIFICATE OF INSURANCE 3.29 Vendors shall provide evidence of liability insurance coverage identified below in the form of an ACCORD binder form with their proposal. Upon Award issued pursuant to this contract, and prior to the execution of any commerce relating to such award, Vendor will be responsible for providing verification, in the form of an ACCORD binder identifying the coverage required below and identifying NJPA as a "Certificate Holder." Vendor will be responsible to maintain such insurance coverage at their own expense throughout the term of any contract resulting from this solicitation. 3.30 Any exceptions and/or assumptions to the insurance requirements must be identified on Attachment C. Exceptions and/or assumptions will betaken into consideration as part of the evaluation process; however, vendors must be specific. If vendors do not specify any exceptions and/or assumptions at time of proposal submission, NJPA will not consider any additional exceptions and/or assumptions during negotiations. Upon contract award, the successful vendor must provide the Certificate of Insurance identifying the coverage as specified. 3.31 The awarded vendor must maintain, for the duration of its contract, $1.5 million in General Liability insurance coverage or General Liability insurance in conjunction with an Umbrella for a total combined coverage of $1.5 million. Work on the contract shall not begin until after the awarded vendor has submitted acceptable evidence of the required insurance coverage. Failure to maintain any required insurance coverage or acceptable alternative method of insurance will be deemed a breach of contract. MINIMUM SCOPE AND LIMITS OF INSURANCE: Vendor shall provide coverage with limits of liability not less than those stated below. An excess liability policy or umbrella liability policy may be used to meet the minimum liability requirements provided that the coverage is written on a "following form" basis. Commercial General Liability—Occurrence Form Policy shall include bodily injury, property damage and broad form contractual liability and XCU coverage. Each Occurrence $1,500,000 3.32 The insurance requirements herein are minimum requirements for this Contract and in no way limit the indemnity covenants contained in this Contract. NJPA in no way warrants that the minimum limits contained herein are sufficient to protect the Vendor from liabilities that might arise out of the performance of the work under this Contract by the Vendor, his agents, representatives, employees or subcontractors and Vendor is free to purchase additional insurance as may be determined necessary. 3.33 Acceptability of Insurers: Insurance is to be placed with insurers duly licensed or authorized to do business in the State of Minnesota and with an "A.M. Best" rating of not less than A - VII. NJPA in no way warrants that the above required minimum insurer rating is sufficient to protect the Vendor from potential insurer solvency. 3.34 Subcontractors: Vendors' certificate(s) shall include all subcontractors as additional insureds under its policies or Vendor shall furnish to NJPA separate certificates for each subcontractor. All coverage for subcontractors shall be subject to the minimu no requirements identified above. 17 I. ORDER PROCESS AND/OR FUNDS FLOW 3.32 Please propose an order process and funds flow. Please choose from one of the following: 3.32.1 B -TO -G: The Business -to -Government order process and/or funds flow model involves NJPA Members issuing Purchase Orders directly to a Vendor and pursuant to a Contract resulting from this RFP. Administrative fees may also be used for purposes as allowed by Minnesota State Law and approved by the Board of Directors. 3.32.3 Other: Please fully identify. J. ADMINISTRATIVE FEES 3.33 Proposer agrees to authorize and/or allow for an administrative fee payable to NJPA by an Awarded Vendor in exchange for its facilitation and marketing of a Contract resulting from this RFP to current and potential NJPA Members. This Administration Fee shall be: 3.33.1 Calculated as a percentage of the dollar volume of all equipment/products and services provided to and purchased by NJPA Members or calculated as reasonable and acceptable method applicable to the contracted transaction, and 3.33.2 Included in, and not added to, the pricing included in Proposer's Response to this RFP, and 3.33.3 Designed to offset the anticipated costs of NJPA's involvement in contract management, facilitating marketing efforts, Vendor training, and any order processing tasks relating to the Contract resulting from this RFP. Administrative fees may also be used for other purposes as allowed by Minnesota law. Administrative fees may also be used for other purposes as allowed by Minnesota law. 3.33.3.1 Typical administrative fees for a B -TO -G order process and funds flow is 2.0%. 3.34 The opportunity to propose these factors and an appropriate administrative fee is available in the Proposer's Questionnaire. 4. PRICING STRATEGIES 4_3 N1PA requests Potential Proposers respond to this RFP only if they are able to offer a wide array of equipment/products and services and at prices lower and better value than what they would ordinarily offer to single government agency, larger school district, or regional cooperative. 4_2 RFP is an "Indefinite Quantity Product/Equipment and Related Service Price and Program Request" with potential national sales distribution and service. Proposers are agreeing to fulfill Contract obligations regarding each product/equipment to which you provide a description and a price. If Proposer's solution requires additional supporting documentation, describe where it can be found in your submission. If Proposer offers the solution in an alternative fashion, describe your solution to be easily understood. All pricing must be copied on a CD along with other requested information as a part of a Proposers Response. 4_3 Regardless of the payment method selected by NJPA or NJPA Member, a total cost associated with any purchase option of the equipment/products and services and being supplied must always be disclosed at the time of purchase. 18 4_4 Primary Pricing/Secondary Pricing Strategies- All Proposers will be required to submit "Primary Pricing" in the form of either "Line -Item Pricing,' or "Percentage Discount from Catalog Pricing," or a combination of these pricing strategies. Proposers are also encouraged to offer OPTIONAL pricing strategies such as but not limited to "Hot List," 'Sourced Product/Equipment" and "Volume Discounts," as well as financing options such as leasing. A. LINE -ITEM PRICING 4_5 Line -Item pricing- A pricing format where specific individual products and/or services are offered at specific individual Contract prices. Products/equipment and/or related services are individually priced and described by characteristics such as manufacture name, stock or part number, size, or functionality. This method of pricing offers the least amount of confusion as products/equipment and prices are individually identified however, Proposers with a large number of products/equipment to propose may find this method cumbersome. In these situations, a percentage discount from catalog or category pricing model may make more sense and increase the clarity of the contract pricing format. 4_6 All Line -Item Pricing items must be numbered, organized, sectioned, including SKU's (when applicable) and easily understood by the Evaluation Committee and members. 4_7 Line -Item Pricing items are to be submitted in an Excel spreadsheet format provided and are to include all appropriate identification information necessary to discern the line item from other line items in each Responders proposal. 4_8 The purpose for the excel spreadsheet format for Line -Item Pricing is to be able to use the "Find" function to quickly find any particular item of interest. For that reason, Proposers are responsible for providing the appropriate product and service identification information along with the pricing information which is typically found on an invoice or price quote for such products/equipment and related services. 4_9 All products/equipment and related services typically appearing on an invoice or price quote must be individually priced and identified on the line -item price sheet, including any and all ancillary costs. 4.10 Proposers are asked to provide both a published "List" price as well as a "Proposed Contract Price" in their pricing matrix. "The published List" price will be the standard "quantity of one" price currently available to government and educational customers excluding cooperative and volume discounts. B. PERCENTAGE DISCOUNT FROM CATALOG OR CATEGORY 4.11 Percent Discount From Catalog, list or Category Pricing- A specific percentage discount from a "Catalogue or List Price" defined as a published Manufacturers Suggested Retail Price (MSRP) for the products/equipment or related services being proposed. 4.12 Individualized percentage discounts can be applied to any number of defined product groupings 4.13 A Percentage Discount from MSRP may be applied to all elements identified in MSRP including all Manufacturer Options applicable to the product/equipment or related service. 4.14 Accessory options requested by the customer and related to the general scope of this RFP but are not under the current contract will be priced using a "Sourced Product/equipment pricing model" as defined herein. See Section F 19 4.15 When a Proposer elects to use "Percentage Discount from Catalog or Category," Proposer will be responsible for providing and maintaining current published "MSRP" with NJPA and must be included in their proposal and provided throughout the term of any Contract resulting from this RFP. 4.16 NJPA reserves the right to review catalogs submitted to determine if the represented products and services reflect and relate to the scope of this RFP. Each new catalog received may have the effect of adding new product offerings and deleting products no longer carried by the Vendor. New catalogs shall apply to the Contract only upon approval of the NJPA. Non -approved use of catalogs may result in termination for convenience. New price lists or catalogs found to be offering non -contract items during the Contract may be grounds for terminating the Contract for convenience. New optional accessories for product/equipment and related services may be added to the Contract through the NJPA approval process at the time they become available. C. HOT LIST PRICING 4.17 Where applicable, NJPA also invites the Vendor, at their option, to offer a specific selection of products/services, defined as a Hot List selection offer pricing at greater discounts or related advantages than those listed in the standard Contract pricing. All product/service pricing, including the Hot List Pricing, must be submitted electronically provided in Excel format. Hot List pricing must be submitted in a Line -Item format. Providing or offering a "Hot List Selection" of equipment/products and related services is optional. Equipment/products and related services may be added or removed from the "Hot List" at anytime. 4.18 Hot List program and pricing when applicable may also be used to discount and liquidate close-out and discontinued equipment/products and related services as long as those close-out and discontinued items are clearly labeled as such. Current ordering process and administrative fees apply. This option must be published and made available to all N1PA Members. 4.19 Hot List Program and Pricing is allowed to change at the discretion of the Vendor within the definition of Hot List Pricing. The Vendor is responsible to maintain current Hot List product/equipment and related service descriptions and Pricing with NJPA. D. CEILING PRICE 4.20 Proposal pricing is to be established as a ceiling price. At no time may the proposed equipment/products and related services be offered pursuant to this Contract at prices above this ceiling price without request and approval by NJPA. IMPORTANT NOTE: Contract prices may be reduced to allow for volume considerations and commitments and to meet the specific and unique needs of an NJPA Member. 4.21 Allowable specific needs may include competitive situations, certain purchase volume commitments orthe creation of custom programs based on the individual needs of NJPA Members. E. VOLUME PRICE DISCOUNTS 4.22 Proposers are free to offer volume commitment discounts from the contract pricing documented in a Contract resulting from this RFP. Volume considerations shall be determined between the Vendor and individual NJPA Members on a case-by-case basis. 4.23 Nothing in this Contract establishes a favored member relationship between the NJPA or any NJPA Member and the Vendor. The Vendor will, upon request by NJPA Member, extend this same reduced price offered or delivered to another NJPA Member provided the same or similar volume commitment, 9C specific needs, terms, and conditions, a similar time frame, seasonal considerations, locations, competitively situations and provided the same manufacturer support is available to the Vendor. 4.24 All price adjustments are to be offered equally to all NJPA Members exhibiting the same or substantially similar characteristics such as purchase volume commitments, and timing including the availability of special pricing from the Vendor's suppliers. 4.25 Additional Quantities: 4.25.1 The contract awarded vendor will accept orders for additional quantities at the same prices, terms and conditions, providing the NJPA Member exercises the option before a specific date, mutually agreed upon between member and contract awarded vendor at time of original purchase order. 4.25.2 Any extension(s) of pricing beyond the specific date shall be upon mutual consent between the NJPA Member and the contract awarded vendor. F. SOURCED PRODUCT/EQUIPMENT/OPEN MARKET ITEMS 4.26 NJPA or NJPA Members may from time to time, request product/equipment and/or equipment/products and related services that are within the related scope of this RFP, which are not included in an awarded Vendor's line -item product/equipment and related service listing or "list or catalog." These items are known as Sourced Product/Equipment or Open Market Items. 4.27 An awarded Vendor resulting from this RFP may "Source' equipment/products and related services for NJPA or an NJPA Member to the extent they: 4.27.1 Identify all such equipment, products and services as "Sources Product/Equipment" or "Open Market Items" on any quotation issued in reference to an NJPA awarded contract, and provided to either NJPA or an NJPA Member, and 4.27.2 All applicable acquisition regulations pertaining to the purchase of such equipment, products and services have been followed, as defined by NJPA or the NJPA Member receiving quotation from Vendor, and 4.27.3 NJPA or the NJPA Member has determined the prices as quoted by Vendor for such equipment, products and services are deemed to be fair and reasonable and are acceptable to the member. G. COST PLUS A PERCENTAGE OF COST 4.28 Cost plus a percentage of cost as a primary pricing mechanism is not desirable. H. TOTAL COST OF ACQUISITION 4.29 The Total Cost of Acquisition for the equipment/products and related services being proposed, including those payable by NJPA Members to either the Proposer or a third party, shall be defined as: The cost of the proposed equipment/products product/equipment and related services delivered and operational for its intended purpose in the end -user's location. 21 4.30 For example, if you are proposing equipment/products only (IE, FOB Proposers dock) your proposal would identify your deviation from the `Total Cost of Acquisition' of contracted equipment/products. The "Proposal should reflect that the contract does not provide for delivery beyond Proposers dock, nor any set-up activities or costs associated with those delivery or set-up activities." In contrast, proposed terms including all costs for product/equipment and services delivered and operational at to the end- users location would require a disclosure of "None." I. REQUESTING PRODUCT/EQUIPMENT AND RELATED SERVICE ADDITIONS/DELETIONS 4.31 Requests for product/equipment and related services, price changes, additions, deletions, or any related contract changes must be made in written form and shall be subject to approval by NJPA. 4.32 New equipment/products and related services may be added to a Contract resulting from this RFP at any time during that Contract to the extent those equipment/products and related services are within the scope of this RFP. Those requests are subject to review and approval of NJPA. Allowable new equipment/products and related services generally include new updated models of equipment/products and related services and or enhanced services previously offered which could reflect new technology and improved functionality. 4.33 Proposers representing multiple manufacturers, or carrying multiple related product lines may also request the addition of new manufacturers or product lines to their Contract to the extent they remain within the scope of this RFP. 4.34 NJPA's due diligence in analyzing any request for change is to determined approval of the request is 1) within the scope of the original RFP, and 2) in the "Best Interests of NJPA and NJPA Members." We are looking for consistent pricing and delivery mechanisms and an understanding of what value the proposal brings to NJPA and NJPA Members. 4.35 Documenting the "Best Interests of NJPA and NJPA Members" when outdated equipment is being deleted is fairly straight forward since the product is no longer available and not relevant to the procurement Contract. 4.36 Requests must be in the form of 1) an NJPA Vendor Price and Product Change Request Form which includes a request to add the product/equipment line, a general statement identifying how the products to be added are within the scope of the original RFP, and making a general statement identifying that, if appropriate, the pricing is consistent with the existing Contract pricing. Further, provide detail as to what is being added at what price in the request form. Pending approval of your request by NJPA you will need to provide a complete re -statement of all pricing including all new prices/products AND existing prices and products/equipment. 4.37 NJPA's intent is to encourage Proposers to provide and document NJPA's due diligence in a clear and concise one page format on which we can approve and sign our acknowledgment and acceptance. This information must ultimately come from Proposers, and NJPA is requiring it in this format. J. REQUESTING PRICING CHANGES 4.38 Price Decreases: Requests for standard Contract price decrease adjustments (percentage discount increases) are encouraged and will be allowed at any time based on market place efficiencies, market place competitiveness, improved technologies and/or improved methods of delivery or if Vendor engages in innovative procurement practices such as strategic sourcing, aggregate and volume purchasing. NJPA expects Vendors to propose their very best prices and anticipates price reductions 22 due to the advancement of technologies and marketplace efficiencies. Documenting the "Best Interests of NJPA and NJPA Members" is highly valued when we are documenting price reductions. 4.39 Price increases: Requests for standard contract price increases (or the inclusion of new generation products/equipment/services at higher prices) can be made at any time. These requests will again be evaluated by NJPA based on the best interests of NJPA and NJPA Members. As an example, typically acceptable requests for price increases for existing equipment/products and services may cite increases to the Vendor of input costs such as petroleum or other applicable commodities. Typically acceptable requests for price increases for new equipment/products and services enhance or improve on the current solutions currently offered as well as cite increases in utility of the new compared to the old. Vendors are requested to reasonably document the claims cited in their requests. Your written request for a price increase, therefore, is an exercise in describing what you need, and a justification for why you need it in sufficient detail for NJPA to deem such change to be in the best interests of ourselves and our Members. 4.40 Price Change Request Format: An awarded Proposer will use the format of a NJPA Vendor Price and Product Change Request Form to request price increases in general terms (a 5% increase in product line X) and stating their justification for that price increase (due to the recent increase in petroleum or raw material costs) by product category. Specific details for the requested price change must be attached to the request letter identifying product/services where appropriate, both current and proposed pricing. Attachments such as letters from suppliers announcing price increases are appropriate for documenting your requests here. K. PRICE AND PRODUCT CHANGES FORMAT 4.41 All price and product change requests must be submitted using the N1PA VENDOR PRICE AND PRODUCT CHANGE REQUEST FORM found at the very end of this solicitation. NJPA's due diligence regarding product and price change requests is to consider the reasonableness of the request and document consideration on behalf of our members. Submit the following documentation to request a pricing change: 4.41.1 An excel spreadsheet identifying all equipment/products and services being offered and their pricing. Each subsequent pricing update will be saved using the naming convention of "(Vendor Name) pricing effective XX/XX/XXXX." a. Include all equipment/products and services regardless of whether their prices have changed. By observing this convention we will: L Reduce confusion by providing a single, easy to find, current pricing sheet for each Vendor. ii. Create a historical record of pricing." L. SINGLE STATEMENT OF PRICING/HISTORICAL RECORD OF PRICING 4.42 Initially; and again with each request for product addition, deletion, and/or pricing change; you must state all pricing for all equipment/products and services available. The request for price changes described above will serve as the documentation for those requested changes. Each complete pricing list will be identified by its "Effective Date." Each successive price listing identified by its "Effective Date" will create a "Product and Price History" for the Contract. 4_43 Proposers may use the multiple tabs available in an Excel workbook to separately list logical product groupings or to separately list product and service pricing as they see fit. 23 4.44 All equipment/products and services together with their pricing, whether changed within the request or remaining unchanged, will be stated on each "Pricing" sheet created as a result of each request for product, service, or pricing change. 4.45 Each subsequent "Single Statement of Product and Pricing" will be archived by its effective date therefore creating a product and price history for any Contract resulting from this RFP. Proposers are required to create a historical record of pricing annually by submitting updated pricing referred to as a "Single Statement of Product/Equipment and Related Services Contract Price Update". This pricing update is required at a minimum of once per contract year. M. PAYMENT TERMS 4.46 Payment terms will be defined by the Proposer in the Proposers Response. Proposers are encouraged to offer payment terms through P Card services if applicable to the customary method of procurement relating to the contracted product/equipment and related services. 4.47 Leasing- If available, identify any leasing programs available to NJPA and NJPA Members as part of your proposal. Proposers should submit an example of the lease agreement to be used. Proposers should identify: • General leasing terms such as: o The percentage adjustment over/under an index rate used in calculating the internal rate of return for the lease; and o The index rate being adjusted; and o The "Purchase Option" at lease maturity ($1, orfair market value); and o The available term in months of lease(s) available. • Leasing company information such as: o The name and address of the leasing company; and o Any ownership, common ownership, or control between the Proposer and the Leasing Company. Ixil MIMI-VILVA 4.48 Sales and other taxes, where applicable, shall not be included in the prices quoted. Vendor will charge state and local sales and other taxes on items for which a valid tax exemption certification has not been provided. Each NJPA Member is responsible for providing verification of tax exempt status to Vendor. When ordering, if applicable, NJPA Members must indicate that they are tax exempt entities. Except as set forth herein, no party shall be responsible for taxes imposed on another party as a result of or arising from the transactions contemplated by a Contract resulting from this RFP. O. SHIPPING AND SHIPPING PROGRAM 4.49 Shipping program for material only proposals, or sections of proposals, must be defined as a part of the cost of product/equipment. If shipping is charged to NJPA or NJPA Member, only the actual cost of delivery may be added to an invoice. Shipping charges calculated as a percentage of the product price may not be used, unless such charges are lower than actual delivery charges. No COD orders will be accepted. It is desired that delivery be made within ninety -days (90) of receipt of the Purchase Order. See "The Total Cost of Acquisition" for the equipment/products and related services. 4.50 Any shipping cost charged to NJPA or NJPA Members will be considered to be part of "proposal pricing." 24 4.51 Addit:ianal costs faii axpadilec delivoricis w:il bei at 11ie k6ilionia] shipping or handling cixpcinse la lh(i NJPA Member. 4.52 9edeuliani ofla carrieir faii shipliTieml will be lho oplicin ofllho peat) paying faii said shipping. Llse of aniatllar oarrier wil bei art 11^a expenisa of the ragviaster. 4.53 Propasers mvis I c efina ilheir Aiplpin€I pragranTis for Alaska and Hawaii anc any local ian moll scirvad by eanivoritionad shipping surv:icas. Over-siza and over-wai€lll iilems and shipmanls may, lie subject to cvislom fileighl ppiogranni . 4.94 Prarlasah eariiairing resiackirig feces area less advantageous than chase not coriiairing rel-stoakirg feels. Thai beinll said, certaim industries aamrioi mvoic rEI31aaNirig flees. Cera air inc uslriEis plro%isiri@l mac EI to orcein proc a cit/Elqu ipmenl may not allow returns. Will- re€lard la netu rris amid real acHirig flees, RroposEirs will to Elvaluatec tasec on the nelativEI flEIALilily EINtericed to NJPA anc NIRA MerritEins nelalirill to 111asEI sutjecis. WHEIIIEI used, restoaNiri@l fees iri eNaElss of 115% mill be aonisiderElc e�CElssive. Restockin€l flees may bei waived, at the oplior of the RmAoser/Vemcor. Indiaale all ,illippigl and rEI- stociking fEIEls inc price pplogram. 4.95 ProrlcrsEUl app oes shiplpling Eumcrns will bei at 111 EI ey plense of the VElric an. For ElxamplEI, if a Veric all sh irls a proc u o1 than was not cmc erec ty 11`8 memt ern, it is 1 h e rEisporisibilily of thEi Vendor la pay faii netu rri maul an sH ipment al O EI aoniv enienc o of the merri t EIII. 4.961 Unless speeificalIN staled of h erwis El in 1 h Ei "fll iprlim€I Proppiam" of a RrcrrlasElr s ResponisEI, all prices quotEIC must to F.C.B. destinaliom with the frEli€lht prElplaid lythe Venc or. Delivery effElcliveniess is very import ant asrlElct of tH is Coml rad. If eomrlletec c Ellh EiniEls arEi riot made al tho 1 ime agrElEd, NIRA cm I` .IRA Memt er rEISElrves the night to aariciol aric plu rc l -ase EilsewH EIIIEI aric hale Vendor a scour i atle. til delivElry cotes caririoi to met, Venc or agrEIEls to acvise NJRA or NJRA MEImbeir of the eanliElsl plossitlEI sh irlplirig date fern ac®EIrllancie ty NJRA ar NJRA Memt or. 4.97 Delivered rlraducits/ElquirlrrlEiril must tEl prorlErrdy packaged. Dama€led plracucts/equirlmerit will riot to acicEIrlted, or if the camagEI is riot rEiadily aplplarElnil al the lime ail dEllivElry, t1lEI proc uats/equirlmEIrit plrocuct/equipment sHall bei rErturnElc at no cost to NJPA or NJRA Member. NJRA anc NJPA MerrltErls reserve th a riElht 1 a inspect tH EI proc u ct/EICµ irlmeril at a reasonat lei tirrlEI subsequ Elrit 1 a c EIIivEUly wherEl circumstances or saris itiaris priev Ent EIffeal iv a inspection oil O EI proc a at/EICµ iplmenii al thEI time oil delivery. 4.98 Vendor shall celiver Clontraci cariforminig rploducts/equipmeril in eacH shirlmerit and may rat su tstitul EI rploducts/equ ipmenil wil h aut aprpraval fnorri NJPA N EImbEIr. 4.99 NIRA reserves the ri€lht to cecdane a tneach of Conilracit if the Vericor iritentiorralIN dEllivEnrs su tstanic arrrd crr inifErrior proc a cts/equ ipment whicH arEr not undErr Coril racl aric c esaribec ini its plarlERI cuI eleuitnonic plricEI lists ar sourced urlcrri request to airy rnErmber under this Clontracl. Irl the EIVEmit oil the deliveryof a pion-confculrrring proc u cl/ecpr, irlmeril, NIRA MElmber will irrimec ialely riotify VErricon anc tH e Vendor w ill rerllacEr rioni-conformirig rlrac uciti equirlrrrarit with aonfarming pinodc at/eqv irlmErril accEirltaIt le to tH a NJ PA member. 4.610 ThraugHovt the term of the Caritnact, RroposErr agrees to play for neturri shiplrrienit ar pinodu ct/equ ipment 1 h at almives in a c efaativ a or inoperable coniditiani. Rroploser must arnarige fare tH e retu rri shiplmenit of damaEled prioduat)equ ipmenit. 25 4.61 Unless contrary to other parts of this solicitation, if the product/equipment or the tender of deliveryfail in any respect to conform to this Contract, the purchasing member may: 1) reject the whole, 2) accept the whole or 3) accept any commercial unit or units and reject the rest. P. NORMAL WORKING HOURS 4.62 Prices quoted are for equipment/products and services delivered during normal business hours. Normal Business hours will be as specifically defined herein, defined through industry standards OR defined through statement contained in the purchase/work order issued pursuant to a Contract resulting from this RFP. 5. MARKETING PLAN 5_1 Internal Marketing Plan: If you are awarded a contract based on this solicitation, your sales force will be the primary source of the contract success. Your sales force needs to be aware that the value of the contract includes: • The use of the NJPA Contract will save their customer (NJPXs Member) the time and effort of bringing a new individual Request For Proposal (RFP). • The use of the NJPA Contract will save you and your sales force the time and effort of responding to individual Request For Proposals (RFPs). • The use of the NJPA Contract will offer NJPA members the opportunity to have the ability to choose your company's contracted product/equipment and related services. An award of Contract resulting from this RFP is an opportunity for the awarded Vendor to pursue commerce with, and deliver valued contracted products/equipment and related service solutions to NJPA and NJPA Members nationwide. Your internal marketing plan should serve to: 5.1.1 Identify the appropriate levels of sales management whom will need to understand the value of, and the internal procedures necessary to deliver your Contract solution to NJPA and NJPA Members through your marketing and sales efforts. 5.1.2 Identify, in general, your national footprint and dedicated feet -on -the -street sales force that will be carrying this Contract message and opportunity in the field to NJPA Members. Outline the sale force network in terms of numbers and geographic location and distribution of the product/equipment and related services. Service may be independent of the sales of the product/ equipment. Demonstrate fully the sales and service capabilities of your company through your response. 5.1_2.1 Identify whether your sales force are employees or independent contractors. Identify whether your dealers are company owned or independently owned. 5.1.3 Identify your plan for delivering training to these individuals. 5.1_3.1 Will you have your sales force or dealer network gathered at national or regional events in the near future? Does you sales force or dealer network have the ability to participate in sales training webinar or webcast events? 5.1_3.2 NJPA is prepared to provide our personnel for sales training and/or on a webinar or webcast or other methodologies to effectively reach the appropriate groups within your sales management, dealer network and sales force. 26 9.11.4 flalEIs Management Contract Training. 9.11.4.11 NIRA will commit to pli i( iri€I ciontralcl sa11EIs trairiing ne€landing all aspEICls oil eomrrlu nieeii irig tH EI value of tH EI Corti itself, thEi M 1 h unity of NIRA to Cli tH EI Clciniti toils MEImbEirs, the Valu EI 11`8 Cloritnaclt delivers to NIRA Marri t ens, tH EI seopEI oil NINA 1VembersNip, and the authority, of NJPA Members to utilizEi NINA prociurElmerii cloril iia (Is. 5.11.4.3 YClull gales MariagElmElril will to riElede( to pravide Iuainiirig regarding EIrrIFIIci eomplerisal iori anid internal FpIaCEIc u nes whEiri c ON ering 1 h e Coril raclt opporl u nity, aric Haw tH is Caritraclt Flu rel asirig opparl u niity relatEls with cil h er su c1N opporl u niitiEls availat le. 5_21 SUc10EIss ICI marketin€l is dEIFlElnderlt Lpanl 111 1 h a deliVEiry Of valuEl als cefinElc ICI IElClion 11.41, 21) tHEI c eikery of kriav\ IEICgEI of 1 h ei ciontracl aric its propem use an( utility, and 3) 1 h e c EIlivery of tH EI cloril uaclted proc u tits/equipment aric related services an( tH EI BEIM rewind wh ieH creates a plersorial clomrrlitmeril tcr111EI eorilnaclt. 1`.IRA (Elsires a rrlarketing pilar that: 9.21.1 idElritillies the value to a rr1EImbEM of a deliverElc a ciorrlFlEltitivelly plroposElc nialional CloopElllatiVEl pin0(Iu rlement contract 111 at reg L GEIS 1 H EI rleec L y botH 1 h el 1N.1 RA Memt er amid tH EI VElridon/Ven( or's sales ilaff oll the resporisibility to facililate aric rEISpanidinig la multiple aric iimilar individual RFR's; 9.21.2 i(ElrltilliEls thEl appropriate Veric crr plersonnEl lhlorrl Loth management and 3211EIS stafil wHcr v\ ill be traliriElC ori the salEls Elric mankEltirig mel H ac s, sl rategy, use and utility of such a ciontrad anid a gerierEll sCH EIC a IEI of wh en iiric How tH osE1 inidividu cls will be trairiElc; chic 9.21.3 icElnitifies in geriEmal licim the rewanC syslElrrl for the mankE1lirig, delivery, grid sEIrvicle eflain CIA tHEI Vendor ut ill be affEIC11EIC Ly the impllEIMElritation of the plucrplosed Caritnaclt arid how thal v\ ill be prciFlasEle to those inc ivic u ali in terms of 1116 value erelatElc for tH EIrri arid tH EIir c Elplarl moria s in 9.11.11 aL ave. 9_:1 Eternal Markelting Plan: NJRA is seElkirig the atility 1cr serve all Crun ciurrElrit uric potential rrrElmbElns nationwide. llhe ProposElr must CElrrloriilrate the Aility to Loth rrlarkElt and seniee tHEIir Fluadu Its/ElquiplmElrlt and rlelalElC serviCEls 1CI NJRA CIU rrElrit and ploterlliall marrilJOrls nationwide. As a plarl till ycrurl Marketing Rlar1, cElmorislrate your sakis arid seniQEr rietworN aric the ealFlabiliiy la stafil, coni u riieala and offEm the claritnaclt oppor u riily u\ h ile demonstrating you r commitment to sen irig NIRA anid ls .IRA MerrrbEms riatianiwic a t nou€lh 111 e awarc a conA racl. 9A THe RuaFloser must e�hitil the willinEiriess alrid atility 1a develop mankelirill materials grid FlarticiFlate in marliatinigveniues Si ai: 9.4.1 Rrin1leC lyaukEi Materials. Rnaploser will initially FlrcrCuce aric thereafllEm mairitain lull colon pluirit acVErrlisErmerili iri camera react' elecltuonic formal iniclucirig ciomplai logos, ideritifying the Vericci 11"EI Vendor's general utility fan NIRA and NJRA 1Vermbens, arid clonitacd infanmaticin to to usac Ly 1`.IRA aric NIRA Memters in al full F1agEr, Half Flalge, and quaver page llanmats. llhese acverlisements will to used in the NJPA diuecltory and oilier marNeting Flu t licatior is. 9.4.3 Clonitralat alririauniclerrrents and ad\erliserrlElrits. Ruoploser will idenlify a rrlankatinig plan ideritifyinlgtHeirariliciiFlatElc clarltracit annlourieemerils, adverlisemerlts in iricustrypEIriociciiils, or 01 H Elrl direct Cir indirect rrlanikei irlll activities. 11 S.4.3 Proposer's Website. Proposer will identify how an Awarded Contract will be displayed on the Proposer's website. An on-line shopping experience for NJPA and NJPA Members is desired when applicable and will be viewed as a value-added attribute to a Proposer's Response. 5.4.4 Trade Shows. Proposer will outline their proposed involvement in the promotion of a Contract resulting from this RFP through applicable trade shows. Proposers are encouraged to identify tradeshows and other appropriate venues for the promotion of any such Contract. Proposers are encouraged to consider participation with NJPA at NJPA embraced national trade shows. Examples of such could include: NAEP National Association of Education Procurement I-ASBO International Association of School Business Officials NIGP National Institute of Government Purchasing 5_5 Proposer must also work in cooperation with NJPA to develop a marketing strategy and provide avenues to equally market and drive sales through the Contract and program to all NJPA Members nationally. Awarded Vendor agrees to actively market in cooperation with NJPA all contracted equipment/products and services to current and potential NJPA Members. NIPA reserves the right to deem a Proposer non-responsive or to waive an award based on an unacceptable marketing plan. 5_6 As a part of this response, submit a complete Marketing Plan on how you would help NJPA roll out this program to current and potential NJPA Members. NIPA requires the Awarded Vendors actively promote the Contract in cooperation with the NJPA. Proposers are advised to consider marketing efforts in the areas of 1) Website Link from Proposer's website to NJPA's website, 2) Attendance and participation with a display booth at national and regional trade shows and meetings when the event is applicable to the Proposer's customer vertical, and 3) Sales team and sales training programs involving both Proposer's sales management and NJPA staff. 5_7 Facilitating NJPA Membership: Proposer should express their commitment to develop a process to establish membership status of current and potential agencies with NJPA as a part of the sales or customer communication process. 5.7.1 Membership information: Proposer should further express their commitment to capturing sufficient member information as is deemed necessary by NJPA to appropriately facilitate membership. 6. PROPOSAL OPENING PROCEDURE 6.1 Sealed and properly identified Proposer's Responses for this RFP entitled "FIRE TRUCKS AND FIRE APPARATUS WITH RELATED ACCESSORIES AND SUPPLIES" will be received by Maureen Knight, Contracts and Compliance Manager, at NJPA Offices, 202 12th Street NE, Staples, MN 56479 until the deadline for receipt of, and proposal opening identified on page one of this RFP. We document the receipt by using an atomic clock; an NJPA employee electronically time and date stamps all Proposals immediately upon receipt. The NJPA Director of Contracts and Marketing, or Representative from the NJPA Proposal Evaluation Committee, will then read the Proposers names aloud. A summary of the responses to this RFP will be made available for public inspection in the NJPA office in Staples, MN. A letter or e-mail request is required to receive a complete RFP package. Send or communicate all requests to the attention of Maureen Knight 202 12th Street Northeast Staples, MN 56479 or RFP@njpacoop.org to receive a complete copy of this RFP. Method of delivery needs to be indicated in the request; an email address is required for electronic transmission. Oral, facsimile, telephone or in telegraphic Proposal Submissions or requests for this RFP are invalid and will not receive consideration. All Proposal Responses must be submitted in a sealed package. The outside of the package shall plainly identify "FIRE TRUCKS AND FIRE APPARATUS WITH RELATED ACCESSORIES AND SUPPLIES" To avoid premature opening, it is the responsibility of the Proposer to label the Proposal Response properly. 7. EVALUATION OF PROPOSALS A. PROPOSAL EVALUATION PROCESS 7_3 Overall Evaluation (FORM G) - The NJPA Proposal Evaluation Committee will evaluate proposals received based on a 1,000 point evaluation system. The Committee will establish both the evaluation criteria and designate the relative importance of those criteria by assigning possible scores for each category. 7_2 NJPA will use a 1,000 Point Evaluation System to help determine the best overall Proposer(s) selection. 7_3 NJPA shall use a final overall scoring system to include consideration for best price and cost evaluation. The total possible score is 1,000 points. NJPA reserves the right to assign any number of point awards or penalties it considers warranted if a Proposer stipulates exceptions, exclusions, or limitations of liabilities. 7_4 Responses will be evaluated first for responsiveness and thereafter for content. The NJPA Board of Directors will make awards to the selected Proposer(s) based on the recommendations of the Proposal Evaluation Committee. 7_5 To qualify for the final evaluation, a Proposer must have been deemed responsive as a result of the criteria set forth under "Proposer Responsiveness." 7_6 NJPA uses a variety of evaluation methodologies, including but not limited to a cost comparison of specific and deemed to be like equipment/products. These processes establish final points for submitted price levels. 7_7 The procurement activities of the N1PA Proposal Evaluation Committee are limited to document preparation, answering Proposer questions, advertising the solicitation, distribution of this RFP upon request, conducting an evaluation and making recommendation for possible approval to NJPA Board of Directors. 1777a3ZaxYsl:7tix.9Ya1.69►r/ROILf.X: 7_8 Proposer's Response received after the deadline for submission will be invalid and returned to the Potential Proposer unopened. 7_9 An essential part of the proposal evaluation process is an evaluation to qualify the Proposer being considered. All proposals must contain answers or responses to the information requested in the proposal forms. Any Proposer failing to provide the required documentation may be considered non- responsive. 7.10 Deviations or exceptions stipulated in Proposer's Response may result in the proposal being classified as non-responsive. 29 7.11 To qualify for evaluation, a proposal must have been submitted on time and materially satisfy all mandatory requirements identified in this document. A proposal must reasonably and substantially conform to all the terms and conditions in the solicitation to be considered responsive. 7.12 The Proposal Evaluation Committee shall utilize the evaluation criteria indicated in section 7.14 below. The following items constitute the test for "Level One Responsiveness" and are determined on the proposal opening date. If these are not received your response may be disqualified as non- responsive. Level One Responsiveness includes: 1. The proposal response is received prior to the deadline for submission. 2. The proposal package was properly addressed and identified as a sealed proposal with a specific opening date and time. 3. The proposal response contains the required certificate of liability insurance, pricing document (with apparent discounts), answer to the level of discount (Form P, question 191 and all forms fully completed even if "not applicable" is the answer. 4. The proposal response contains original signed, completed and dated RFP forms C, D, and F hard copy signed signature page only from forms A and P from this RFP and if applicable, all counter signed addenda issued in relation to this RFP. S. The proposal response contains an electronic copy (CD or flash drive) of the entire response. 7.13 "Level 2" responsiveness is determined through the evaluation of the remaining items listed under Proposal Evaluation Criteria. These items are not arranged in order of importance and each item may encompass multiple areas of information requested. Any questions not answered will result in a loss of points from relevant Form G criteria and may lead to non -award if too many areas are unanswered resulting in the inability for evaluation team to effectively review your response. C. PROPOSAL EVALUATION CRITERIA 7.14 Reduction of Evaluation Points. The following items will be sufficient cause to reduce evaluation points. 7.14.1 If a manufacturer or supplier chooses not to produce or supply a full selection and representation of product/equipment and related services it has available which fall within the scope of this RFP, such action will be considered sufficient cause to reduce evaluation points. 7.15 Evaluation Criteria: Evaluation of each Proposer's Response will take into consideration as a minimum response but not necessarily limited to the following: 1. Adherence to all requirements of this RFP as defined by industry standards. 2. Prior knowledge of and experience with a Proposer in terms of past performance and market place success. 3. Capability of meeting or exceeding current and future needs or requirements of NJPA and NJPA Members. 4. Evaluation of Proposer's ability to market to and provide service to all NJPA Members nationally. 5. Financial condition of the Proposer. 6. Nature and extent of company data furnished in Proposer's Response. 7. quality of products, equipment, and services offered including value added related services. R. History of member service to N1PA type customers. 9. Overall ability to perform sales, solutions and contract support as submitted. 30. Ability to meet service and warranty needs. 11. History of meeting shipping and delivery expectations of contracted products/ services. 30 12. Technology advancements and related provisions. 13. Ability to market and promote the Contract within current business practices. 14. Willingness to develop and enter into NJPA Contract and business relations. 15. Favorable bond rating and applicable industry standard licensing ability. 16. Past market place successes and brand recognition. 17. Demonstrated warranty and product/service responsibility. 18. Possesses qualifications as a responding Proposerthat meets or exceeds those set within the solicitation. 19. Information from government and education references and past performance information including past agency approval. 20. Demonstrates that they offer the most current industry standard equipment/products and related services and/or services. 21. Demonstrates financial stability as a company and a favorable banking line of credit. 22. Demonstrates their equipment/products and related services proposed meet and/or exceed industry standards accepted by educational or governmental agencies nationally. 23. Demonstrates market place success and their past performance exhibits an acceptable reputation nationally within the government and education market place. 24. Demonstrates that the company possesses the background, knowledge, capacity, and ability to sell, deliver, and support equipment/products and related services offered to government and education and related agencies. 25. Response's conformance to terms and conditions as described in the solicitation, including documentation. 26. Has provided documentation defining, outlining, and describing their concept of a national marketing program they will be implementing to facilitate and coordinate the cooperative activities required by an awarded NJPA Contract. 27. Has provided all of the required and applicable documentation required i.e. insurance certificates, licenses, and/or registration certificates required to do business nationally. 28. Line -Item Pricing, or acceptable pricing model in approved excel format, listing of all of the proposed equipment/products and related services and warranty provisions with their associated units of costs. 29. Hot List Pricing equipment/products and related services in a Line -Item Pricing format (when applicable). 30. Contract Pricing submitted as requested to include selection of products/equipment and related services in a Line -Item Pricing and/or Percentage Discount from a published gov/ed price list or Catalog. D. OTHER CONSIDERATION 7.16 Consideration will be given in the award based on the completion and degree of information provided regarding available products/equipment, and accessories, and related services as well as, applicable parts of the Proposer Information and Questionnaire. 7.17 The Proposer is required to have extensive knowledge and at least three (3) years of experience with the related activities surrounding the selling of the product/equipment, related services or related products/equipment offered. 7.18 NJPA reserves the right to accept or reject newly formed companies solely based on information provided in the proposal and/or its own investigation of the company. 31 7.19 The fact a manufacturer or supplier chooses not to produce or provide equipment products or services to meet the intent and scope of this RFP will not be considered sufficient cause to adjudge this RFP as restrictive. 7.20 Consideration will be given in the proposal evaluation based upon the selection, variety, technological advances, and demonstrated quality of products submitted, technological advances, and pricing. A positive review will reflect the ability of the Proposer to communicate the value of these factors and to demonstrate how the depth and breadth of their product and service offerings provide NJPA and N1PA Members comfort and assurance understanding that the proposer accepts the sole source of responsibility of the response to the scope of this RFP. 7.21 Consideration will also be given to proposals demonstrating technological advances, provide increased efficiencies, expanded service and other related improvements beyond today's NJPA member's needs and applicable standards. 7.22 Strong consideration will be given to a Proposer's past performance, distribution model, and the demonstration their ability to effectively market and service NJPA Membership nationally. 7.23 Strong consideration will be given to the best price as it relates to the quality of the product and service. However, price is ultimately only one of the factors taken into consideration in the evaluation and award. 7.24 The Proposer's ability to follow the proposal preparation instructions set forth in this solicitation will also be considered to be an indicator of the Proposers ability to follow other future instructions should they receive an award as a result of this solicitation. Any Contract between NJPA and a Proposer requires the delivery of information and data. The quality of organization and writing reflected in the proposal will be considered an indication of the quality of organization and writing which would be prevalent if a Contract was awarded. As a result, the proposal will be evaluated as a sample of data submission. 7.25 Proposer's financial strength and stability is requested and reviewed to get a general feel for the size, strength, and probable scope of the Proposer. 7.26 NJPA reserves the right to reject the Proposers Response of the apparent successful Proposer where the available evidence or information does not exhibit the ability or intent to satisfy NJPA that the potential Vendor is unable to properly carry out the terms of this RFP and potential Contract. 7.27 NJPA shall reserve the right to reject any or all proposals. NJPA also reserves the right to reject a proposal not accompanied by required certificate of insurance, other data required by this RFP, or if a Proposer's Response is incomplete or irregular. The NJPA shall reject all proposals where there has been proven or suspicion of collusion among the Proposers. E. COST COMPARISON 7.28 NJPA reserves the right to use this process in the event the Proposal Evaluation Committee feels it is necessary to make a final determination. 7.29 This process will be based on a point system with points being awarded for being low to high Proposer for each cost evaluation item selected. A "Market Basket" of identical (or substantially similar) equipment/products and related services may be selected by the NJPA Evaluation Committee and the unit cost will be used as a basis for determining the point value. The "Market Basket" will be selected by NJPA from all product categories as determined appropriate by NJPA. The low priced Proposer will 32 receive the full point value and all other Proposers will receive points as follows: Lowest price Proposal = 5 (where there are five proposers), and inferior proposals = 4, 3, 2, 1 points each. The Total Score for each proposer will be the sum of all points earned. The result of this process shall not be the sole determination for award. F. PRODUCTTESTING 7.30 NJPA reserves the right to request and test equipment/products and related services from the apparent successful Proposer. Prior to the award of the Contract, the apparent successful Proposer, if requested by NJPA, shall furnish current information and data regarding the Proposers resources, personnel, and organization within three (3) days. O. PAST PERFORMANCE INFORMATION 7.31 Past performance information is relevant information regarding a Proposer's actions under previously awarded contracts to schools, local, state, and governmental agencies and non-profit agencies. It includes the Proposers record of conforming to specifications and standards of good workmanship. The Proposer's history for reasonable and cooperative behavior and commitment to member satisfaction shall be under evaluation. Ultimately, Past Performance Information can be defined as the Proposer's businesslike concern for the interests of the NJPA Member. H. WAIVER OF FORMALITIES 7.32 NJPA reserves the right to waive any minor formalities or irregularities in any proposal and to accept proposals, which, in its discretion and according to the law, may be in the best interest of its members. 8. POST AWARD OPERATING ISSUES A. SUBSEQUENT AGREEMENTS 8_1 Purchase Order- Purchase Orders for product/equipment and related services may be executed between N)PA or NJPA Members (Purchaser) and awarded Vendor(s) or Vendors sub -contractors pursuant to this invitation and any resulting Contract. N1PA Members are instructed to identify on the face of such Purchase orders that "This purchase order is issued pursuant to NJPA procurement contract #XXXXXX." A Purchase Order is an offer to purchase product/equipment and related services at specified prices by NJPA or NJPA Members pursuant to a Contract resulting from this RFP. Purchase Order flow and procedure will be developed jointly between NJPA and an Awarded Vendor after an award is made. 8_2 Governing Law- Purchase Orders, as identified above, shall be construed in accordance with, and governed by, the laws of a competent jurisdiction with respect to the purchaser. Each and every provision of law and clause required by law to be included in the Purchase Order shall be read and enforced as though it were included. If through mistake or otherwise any such provision is not included, or is not currently included, then upon application of etther part the Contract shall be physically amended to make such inclusion or correction. The venue for any litigation arising out of disputes related to Purchase Order(s) shall be a court of competent jurisdiction to the Purchaser. 8.3 Additional Terms and Conditions- Additional terms and conditions to a Purchase Order may be proposed by NJPA, NJPA Members, or Vendors. Acceptance of these additional terms and conditions is OPTIONAL to all parties to the Purchase Order. The purpose of these additional terms and conditions is 33 to, among other things; formally introduce job or industry specific requirements of law such as prevailing wage legislation. Additional terms and conditions can include specific local policy requirements and standard business practices of the issuing Member. Said additional terms and conditions shall not interfere with the general purpose, intent or currently established terms and conditions contain in this RFP document. 8_4 Specialized Service Requirements- In the event service requirements or specialized performance requirements such as e-commerce specifications, specialized delivery requirements, or other specifications and requirements not addressed in the Contract resulting from this RPP, NJPA Member and Vendor may enter into a separate, standalone agreement, apart from a Contract resulting from this RFP. Any proposed service requirements or specialized performance requirements require pre -approval by Vendor. Any separate agreement developed to address these specialized service or performance requirements is exclusively between the NJPA Member and Vendor. NJPA, its agents, Members and employees shall not be made party to any claim for breach of such agreement. Product sourcing is not considered a service. NJPA Members will need to conduct procurements for any specialized services not identified as a part or within the scope of the awarded Contract. 8_5 Performance Bond- At the request of the member, a Vendor will provide all performance bonds typically and customarily required in their industry. These bonds will be issued pursuant to the requirements of Purchase Orders for product/equipment and related services. If a purchase order is cancelled for lack of a required performance bond by the member agency, R shall be the recommendation of NJPA that the current pending Purchase Order be canceled. Each member has the final decision on Purchase Order continuation. ANY PERFORMANCE BONDING REQUIRED BY THE MEMBER OR CUSTOMER STATE LAWS OR LOCAL POLICY IS TO BE MUTUALLY AGREED UPON AND SECURED BETWEEN THE VENDOR AND THE CUSTOMER/MEMBER. B. NJPA MEMBER SIGN-UP PROCEDURE 8_6 Awarded Vendors will be responsible for familiarizing their sales and service forces with the various forms of NJPA Membership documentation and shall encourage and assist potential Members in establishing Membership with NJPA. NJPA membership is at no cost, obligation or liability to the member or the vendor. C. REPORTING OF SALE ACTIVITY 8_7 A report of the total gross dollar volume of all equipment/products and related services purchased by NJPA Members as it applies to this RFP and Contract will be provided quarterly to NJPA. The form and content of this reporting will be developed by NJPA in cooperation with the Vendor to include, but not limited to, name and address of purchasing agency, amount of purchase, and a description of the items purchased. 8.7.1 Zero sales reports: Awarded Vendors are responsible for providing a quarterly sales report of contract sales EVERY QUARTER regardless of the existence or amount of sales. D. AUDITS 8_8 During the Term, however no more than once per calendar year, Vendor(s) may be required to make available to NJPA at the Vendor's corporate offices (during normal business hours) the invoice reports and/or invoice documents from Vendor pertaining to all invoices sent by Vendor and all payments made by NJPA members for all equipment/products and related services purchased under the awarded Contract. NJPA must provide written notice of exercise of this requirement with no less than fourteen (14) business days' notice. NJPA may employ an independent auditor or NJPA may choose to conduct such audit on its own behalf, Vendor shall have the right to approve the independent auditor, which approval shall not be 34 unreasonably withheld. Upon approval and after the auditor has executed an appropriate confidentiality agreement, Vendor will permit the auditor to review the relevant Vendor documents. NJPA shall be responsible for paying the auditor's fees. The parties will make every reasonable effort to fairly and equitably resolve discrepancies to the satisfaction of both parties. Vendor agrees that the NJPA may audit their records with a reasonable notice to establish total compliance and to verify prices charged hereunder of the Contract are being met. Vendor agrees to provide verifiable documentation and tracking in a timely manner. E. HUB PARTNER 8_9 Hub Partner: Where applicable, NJPA Members may, from time to time, request to be served in some way through a "Hub Partner' for the purposes of complying with a Law, Regulation, or Rule to which that individual NJPA Member deems to be applicable in their jurisdiction. Hub Partners may bring value to the proposed transactions through consultancy, Disadvantaged Business Entity Credits, or other considerations. 8.10 Hub Partner Fees: Fees, costs, or expenses from this Hub Partner levied upon a transaction resulting from this contract, shall be payable by the NJPA Member provide that: 8.10.1 The fees, costs, or expenses levied by the Hub Vendor must be clearly itemized in the transaction; and 8.10.2 To the extent that the Vendor stands in the chain of title during a transaction resulting from this RFP, the documentation shall be documented to show it is "Executed for the Benefit of [NJPA Member Name]." F. TRADE-INS 8.11 Where Appropriate, the value in US Dollars for Trade-ins will be negotiated between NJPA or an NJPA Member, and an Awarded Vendor. That identified "Trade -In" value shall be credited in full against the NJPA purchase price identified in a purchase order issued pursuant to any Awarded NJPA procurement contract. The full value of the trade-in will be consideration to that purchase order. G. OUT OF STOCK NOTIFICATION 8.12 Vendor shall immediately notify NJPA members upon receipt of order(s) when an out -of -stock occurs. Vendor shall inform the NJPA member regarding the anticipated date of availability for the out - of -stock item(s), and may suggest equivalent substitute(s). • The ordering organization shall have the option of accepting the suggested equivalent substitute, or canceling the item from the order. • Under no circumstance is Proposer permitted to make unauthorized substitutions. • Unfilled or substituted item(s) shall be indicated on the packing list. H. TERMINATION OF CONTRACT RESULTING FROM THIS RFP 8.13 NJPA reserves the right to cancel the whole or any part of a resulting Contract due to failure by the Vendor to carry out any obligation, term or condition as described in the below procedure. Prior to any termination for cause, the NJPA will provide written notice to the Vendor, opportunity to respond and opportunity to cure according to the steps in the procedure in this Cancellation Section. Some examples of material breach are the following: • The Vendor provides products/equipment or related services that does not meet reasonable quality standards and is not remedied under the warranty; 35 • TF a VEIndOr fails 1 a sH ip thei prcic u ci s/eiqu iplrrrerrit cur redaitec servieeis or pro% ice the deliveiry aria services within a rieasciriable am aunt of lime; • NJRA has reasori to believe thei Vericcor \Aill riot ari carinot peiriorim la the riequirermeriis cir errperctaticiris of 1 h e Clantract aria issues a requ east llor ass u rarieei cis dEiSciribEic H emeiri and Venic cur fails to resparic; • TIi er Vernidor fails to cibseirvei ainy of 1 he material terms amid card it icirs all i he Contraici; 411 T110 VElrld or flails to follaw 11-e erstablish ed plriocadurer fair pu rcH aser circ ers, im dices anc /or rerceripl of flu rids as erstablish ed by tH er NJPA ar c 1 H er VEir d or it 1 h e Clantracl . 411 TH er VElydor fails to reportqu arterly sales; 411 TIi er Veir corn flails to actively marNet this Cartract H ii h it tH er €lu is erlir ers prov is ed it tH is RFP aria tH er erxperal ations cif IN .IRA derllir erd it 1 H ei N.IRA Corii pact Lair, rices. 41 In the eiveiritiHe corlracil Hais ro rrieiasurabler and cerfiniirg values crr belrelfitto NIRA oriihe (NJRA memb ar. EI.1141 Each parry shall follow thei below rproc adu rer if 1 h e Cont raQ is to be teurrrrir aitec llor violaii inns cur r crr-perrlormarieer issues: Steipl ]I: Issue a v\ awning letteur ciutlir it €l 1 h ei violatior s ar c /ar niciri-plerfarrrriancie and stater the len€li h of time 1A days) to prov is e a tiesponisei arc eorreici 1 H ei rproblemQs) if reascir ably possib ler it su ch tirriei llrame. Sterpl 21: ISSu er a kilter of intern 1 a car eerl Contract, if the prciH IEIm Is) is r of riesolverd v\ ii h it fifily 130) days. Sterpl 31: Issu ei 1eill eir to cainiciel Caritract for cau se. EI.13 Upor rerceripl cif then v\ritlern notice of concern, then VEiricori shall ha%e ten 11110) LLsire159 Gays tai piiavider a satisfactl curt' resplonse to the INJRA. Failu ire an 1 h e plait of tH er Ver c cur tai reasariaH ly aiddress all issues of (ion c am may rersu It in Clartract cancellation plursuaril I a 1 h is !leicd iar. . SAC Aniy termiriation sh all H aver ricr erfllect on plurcihasers tH cit are in pluogress a1 1 h e timer 1 h er cancellation is rieeeiveic by then NJRA. TH er NJPA rieserves the rigHt tai car cel the Cor 1 ract immerdiaterly llor cor veniierice, wit h out penally or recourse, iri tH ei eiveirt 1 h e Vendor is riat nesplonsivei eoncerniir €I 1 h e rerrriercy, the peri onmance, crr tH er vialation issu er v, itH in tH er 1 ime framer, camplel ely or in part. 8.111 NJRA rerserrrvers then might to carieel on su speir d 111 ei a set of ar y Cciril ra(t rersu 11 it a 1hrorn tH is RFP ill tH er VElydor lIiIEls for bankrurltcry r1iiateeticini or is auiquined by ari indeperrdert thirid party. A\4ardelc Ver ccur trill be responsible fair ciselasirEl to INAA any liti®atior, barikruptcry all susplensicins)cisbarrrrieints thal accur durirEI the cantract perricic. Failurel la cisclose may resell in ari imrrlerciate teurrriiniaticiri of tHer conn Ta(it. Rrricur to eorrimerGing seurvicers arider this Caritriaet, the Rrarloser/Verccrr must flurnish NIRA cerrlillicatieir fiiarri irisunerls) proving level of covera8e usual and eustcimany to the splereifici inic r,slny. THer coverage is to bei mairtaineie in lull efileet cuning then Contracl peuricic. Verridor mLs1 bel willinig la rprovider, upon rerqu est, cert ificatiori of insurar cel 1ci any NJRA mermber or memb ar usirg this Caritract. 8.]IEI Ei1 h er parl y rriay e: ecute Cor tracl teurrrrir aticiri v\ it H cut cau ser v\ it H a rerqu iued 60- c ay writ l cin rioticer Cif tHiminalicir. Terrrriimaticiri of Car lraet shall not relieve eiilHeur party of finareial, rproduct or serrvicer atligationis iricu reed ori aceru erd plriicur 1a lermiriation. 8.1191 NJPA may earicel aniy Contracl riesulting from lliis sciliciilation witHciut arty furtHeur oHligatiani if art' IN.IRA ermploy ere si€lnilliearitly irivoly erd it initiating, n e€lcitiatinig, sercu rir 8, c raiftin€I or erieai irg the Cor 1 pact cin berhalf cif the NJPA is fciu rid to be it ccdlusiari witH any Proposeur to this RFR for their personal Bair . Su ch caniceillaiticir sH all be effective upon writteir r of ice from 1 h e I` .IRA or a latter dais ei if so desigr aitec in 3E the notice given. A terminated Contract shall not relieve either party of financial, product or service obligations due to participating member or NJPA. 8.20 Events of Automatic termination to include: Vendor's failure to remedy a material breach of a Contract resulting from this RFP within sixty (60) days of receipt of notice from NJPA specifying in reasonable detail the nature of such breach; and/or, Receipt of written information from any authorized agency finding activities of Vendors engaged in pursuant to a Contract resulting from this RFP to be in violation of the law. 9. GENERAL TERMS AND CONDITIONS A. ADVERTISEMENT OF RFP 9_1 NJPA shall advertise this solicitation 1) for two consecutive weeks in both the hard copy print and on- line editions of the MINNEAPOLIS STAR TRIBUNE 2) Once each in Oregon's Daily Journal of Commerce; and Utah's Salt Lake Tribune, and the Desert News 3) it shall be placed on a national wire service and website by the MINNEAPOLIS STAR TRIBUNE 4) it shall be posted on NJPA's website, 5) it shall be posted to the "Noticetobidders.com" website, and 6) it shall be posted to other third -party websites deemed appropriate by NJPA. Other third party advertisers may include Onvia and Bidsync. NJPA also notifies and provides solicitation documentation to each State level procurement departments for possible re -posting of the solicitation within their systems and at their option for future use and to meet specific state requirements. B. ADVERTISING OF A CONTRACT RESULTING FROM THIS RFP 9_2 Proposer/Vendor shall not advertise or publish information concerning this Contract prior to the award being announced by the NJPA. Once the award is made, a Vendor is expected to advertise the awarded Contract to both current and potential NJPA Members. C. APPLICABLE LAW 9_3 NJPA Compliance with Minnesota Procurement Law: Contracts awarded through NJPA are intended to meet the procurement laws of all states and NJPA will exhaust all avenues to comply with each unique state law or requirement whenever possible. It is the responsibility of each participating NJPA member to ensure to their satisfaction that N1PA contracting process falls within these laws and applicable laws are satisfied. An individual NJPA member using these contracts is deemed by their own accord to be in compliance with their own requirements and procurement regulations. 9_4 Governing Law with respect to delivery and acceptance: All applicable portions of the Minnesota Uniform Commercial Code, all other applicable Minnesota laws, and the applicable laws and rules of delivery and inspection of the Federal Acquisition Regulations (FAR) laws shall govern NJPA contracts resulting from this solicitation. 9_5 Jurisdiction: Any claims pertaining to this RFP and any resulting Contract that develop between NJPA and any other party must be brought forth only in courts in Todd County in the State of Minnesota. 9.5.1 Purchase Orders issued pursuant to a contract resulting from this solicitation shall be construed in accordance with, and governed by, the laws of a competent jurisdiction with respect to the purchaser. 37 9_6 Vendor Compliance with applicable law: Vendor(s) shall comply with all federal, state, or local laws applicable to or pertaining to the transaction, acquisition, manufacturer, suppliers or the sale of the equipment/products and relating services resulting from this RFP. 9_7 Applicable Laws, whether or not herein contained, shall be included by this reference. It shall be Proposer's/Vendor's responsibility to determine the applicability and requirements of any such laws and to abide by them. 9_8 Indemnity: Each party agrees it will be responsible for its own acts and the result thereof to the extent authorized by law and shall not be responsible for the acts of the other party and the results thereof. NJPA's liability shall be governed by the provisions of the Minnesota Tort Claims Act, Minnesota Statutes, Section §3.736, and other applicable law. 9_9 Prevailing Wage: It shall be the responsibility of the Vendor to comply, when applicable, with prevailing wage legislation in effect in the jurisdiction of the purchaser (NJPA or NJPA Member). It shall be the responsibility of the Vendor to monitor the prevailing wage rates as established by the appropriate department of labor for any increase in rates during the term of this Contract and adjust wage rates accordingly. 9.10 Patent and Copyright infringement: If an article sold and delivered to NJPA or NJPA Members hereunder shall be protected by any applicable patent or copyright, the Vendor agrees to indemnify and save harmless NJPA and NJPA Members against any and all sults, claims, judgments, and costs instituted or recovered against it by any person whosoever on account of the use or sale of such articles by NJPA or NJPA Members in violation or right under such patent or copyright. D. ASSIGNMENT OF CONTRACT 9.11 No right or interest in this Contract shall be assigned or transferred by the Vendor without prior written permission by the NJPA. No delegation of any duty of the Vendor shall be made without prior written permission of the NJPA. The NJPA shall notify the members within fifteen (15) days of receipt of written notice by the Vendor. After issuance the awarded Contract may be reassigned to a comparable and acceptable Vendor at the discretion of NJPA. 9.12 If the original Vendor sells or transfers all assets or the entire portion of the assets used to perform this Contract, a successor in interest must guarantee to perform all obligations under this Contract. NJPA reserves the right to reject the acquiring person or entity as a Vendor. A simple change of name agreement will not change the contractual obligations of the Vendor. E. LIST OF PROPOSERS 9.13 NJPA will not maintain or communicate to a list of proposers. All interested proposers must respond to the solicitation as a result of NJPA solicitation advertisements indicated. Because of the wide scope of the potential Members and qualified national Vendors, NJPA has determined this to be the best method of fairly soliciting proposals. F. CAPTIONS, HEADINGS, AND ILLUSTRATIONS 9.14 The captions, illustrations, headings, and subheadings in this solicitation are for convenience and ease of understanding and in no way define or limit the scope or intent of this request. 38 G. DATA PRACTICES 9.15 All materials submitted in response to this RFP will become property of the NJPA and will become public record in accordance with Minnesota Statutes, section 13.591, after the evaluation process is completed. If the Responder submits information in response to this RFP that it believes to be nonpublic information, as defined by the Minnesota Government Data Practices Act, Minnesota Statute § 13.37, the Responder must: • make the request within thirty days of award/non-award, and include the appropriate statutory justification. The NJPA Legal Department shall review the statement to determine whether the information shall be withheld. If the NJPA determines to disclose the information, the Contracts department of the NJPA shall inform the Proposer, in writing, of such determination • defend any action seeking release of the materials it believes to be nonpublic information, and indemnify and hold harmless the NJPA, its agents and employees, from any judgments or damages awarded against the NJPA in favor of the party requesting the materials, and any and all costs connected with that defense. This indemnification survives the NJPA's award of a contract. In submitting a response to this RFP, the Responder agrees that this indemnification survives as long as the confidential information are in possession of the NJPA. Proposer can redact additional nonpublic information at any time after the evaluation process if appropriate legal justification is provided. H. ENTIRE AGREEMENT 9.16 The Contract, as defined herein, shall constitute the entire understanding between the parties to that Contract. 9.17 A Contract resulting from this RFP is formed when the NJPA Board of Directors approves and signs the applicable Contract Award Form document (see Form E). I. FORCE MAIEURE 9.16 Except for payments of sums due, neither party shall be liable to the other nor deemed in default under this Contract if and to the extent that such party's performance of this Contract is prevented due to force majeure. The term "force majeure" means an occurrence that is beyond the control of the party affected and occurs without its fault or negligence including, but not limited to, the following: acts of God, acts of the public enemy, war, riots, strikes, mobilization, labor disputes, civil disorders, fire, flood, snow, earthquakes, tornadoes or violent wind, tsunamis, wind shears, squalls, Chinooks, blizzards, hail storms, volcanic eruptions, meteor strikes, famine, sink holes, avalanches, lockouts, injunctions - intervention -acts, terrorist events or failures or refusals to act by government authority and/or other similar occurrences where such party is unable to prevent by exercising reasonable diligence. The force majeure shall be deemed to commence when the party declaring force majeure notifies the other party of the existence of the force majeure and shall be deemed to continue as long as the results or effects of the force majeure prevent the parry from resuming performance in accordance with a Contract resulting from this RFP. Force majeure shall not include late deliveries of equipment/products and services caused by congestion at a manufacturer's plant or elsewhere, an oversold condition of the market, inefficiencies, or other similar occurrences. If either party is delayed at any time by force majeure, then the delayed party shall notify the other party of such delay within forty-eight (49) hours. J. GRATUITIES M 9.19 NJPA may cancel an awarded Contract by written notice if it is found that gratuities, in the form of entertainment, gifts or otherwise, were offered or given by the Vendor or any agent or representative of the Vendor, to any employee of the NJPA are deemed to be excessive with a view or demonstrated intent toward securing a contract or with respect to the performance of a pending or awarded Contract. K. HAZARDOUS SUBSTANCES 9.20 Proper and applicable Material Safety Data Sheets (MSDS) that are in full compliance with OSHA's Hazard Communication Standard must be provided by the Vendor to NJPA or NJPA Member at the time of purchase. L. LEGAL REMEDIES 9.21 All claims and controversies between NJPA and Vendor shall be subject to the laws of the State of Minnesota and are to be resolved in Todd County, Minnesota, the county in which NJPA is located and domiciled. M. LICENSES 9.22 Proposer shall maintain a current status on all required federal, state, and local licenses, bonds and permits required for the operation of the business that is anticipated to be conducted with NJPA and NJPA members by the Proposer. 9.23 All responding Proposers must be licensed (where required) and have the authority to sell and distribute offered equipment/products and related services to NJPA and NJPA Members nationally. Documentation of required said licenses and authorities, if applicable, is requested to be included in the proposer's response. N. MATERIAL SUPPLIERS AND SUB -CONTRACTORS 9.24 The awarded Vendor shall be required to supply the names and addresses of sourcing suppliers and sub -contractors as a part of the purchase order when requested by N1PA or the NJPA member. 9.25 Awarded Vendors under this RFP will be the sole source of responsibility for transactions originating that award. The Awarded Vendor is solely responsible for equipment/products and related services and products/equipment and related services provided by third -party sourcing or service providers. 0. NON -WAIVER OF RIGHTS 9.26 No failure of either party to exercise any power given to it hereunder, nor to insistence upon strict compliance by the other party with its obligations hereunder, and no custom or practice of the parties at variance with the terms hereof, nor any payment under a Contract resulting from this RFP shall constitute a waiver of either party's right to demand exact compliance with the terms hereof. Failure by NJPA to take action or assert any right hereunder shall not be deemed as waiver of such right. P. PROTESTS OF AWARDS MADE 9.27 Protests shall be filed with the N1PA's Executive Director and shall be resolved in accordance with appropriate Minnesota state statutes. Protests will only be accepted from Proposers. A protest must be in writing and filed with NJPA. A protest of an award or proposed award must be filed within ten (10) 40 days after the public notice or announcement of the award. No protest shall lie for a claim that the selected Proposer is not a responsible Proposer. A protest must include: 1. The name, address and telephone number of the protester; 2. The original signature of the protester or its representative (you must document the authority of the Representative); 3. Identification of the solicitation by RFP number; 4. Identification of the statute or procedure that is alleged to have been violated; 5. A precise statement of the relevant facts; 6. Identification of the issues to be resolved; 7. The aggrieved party's argument and supporting documentation; 8. The aggrieved party's statement of potential financial damages; 9. A protest bond in the name of NJPA and in the amount of 10% of the aggrieved party's statement of potential financial damages. Q. PROVISIONS REQUIRED BY LAW 9.28 Proposer agrees in the performance of a Contract resulting from this RFP, it has complied with or will comply with all applicable statutes, laws, regulations, and orders of the United States and any State thereof. R. RIGHT TO ASSURANCE 9.29 Whenever one party to the awarded Contract has reason to question the other party's intent to perform, he/she may demand a written assurance of this intent. In the event a demand is made and no written assurance is given, the demanding party may treat this failure as an anticipatory repudiation of the Contract provided, however, in order to be effective, any such demand shall be addressed to the authorized signer for the party from whom the assurance is being sought, and sent via U.S. Postal Service, certified mail, return receipt requested or national overnight delivery service with proof of delivery. S. SUSPENSION OR DISBARMENT STATUS 9.30 If within the past five (5) years, any from, business, person or Proposer responding to NJPA solicitation and submitting a proposal has been lawfully terminated, suspended or precluded from participating in any public procurement activity with a federal, state or local government or education agency the Proposer must include a letter with its response setting forth the name and address of the public procurement unit, the effective date of the suspension or debarment, the duration of the suspension or debarment and the relevant circumstances relating to the suspension or debarment. Any failure to supply such a letter or to disclose pertinent information may result in the cancellation of any Contract. By signing the proposal affidavit, the Proposer certifies that no current suspension or debarment exists. T. AFFIRMATIVE ACTION AND IMMIGRATION STATUS CERTIFICATION 9.32 An Affirmative Action Plan, Certificate of Affirmative Action or other documentation regarding Affirmative Action may be required by certain Members may be required by NJPA or NJPA Members relating to a transaction relating to this RFP. Vendors shall comply with any such requirements or requests. 9.33 Immigration Status Certification may be required by NJPA or NJPA Members relating to a transaction relating to this RFP. Vendors shall comply with any such requirements or requests. U. SEVERABILITY 41 9.34 In the event that any of the terms of a Contract resulting from this RFP are in conflict with any rule, law, statutory provision or are otherwise unenforceable under the laws or regulations of any government or subdivision thereof, such terms shall be deemed stricken from an awarded Contract resulting from this RFP, but such invalidity or unenforceability shall not invalidate any of the other terms of an awarded Contract resulting from this RFP. V. RELATIONSHIP OF PARTIES 9.35 No Contract resulting from this RFP shall be considered a contract of employment. The relationship between NJPA and an Awarded Contractor is one of independent contractors each free to exercise judgment and discretion with regard to the conduct of their respective businesses. The parties do not intend the proposed Contract to create, or is to be construed as creating a partnership, joint venture, master -servant, principal—agent, or any other relationship. Except as provided elsewhere in this RFP, neither party may be held liable for acts of omission or commission of the other party and neither party is authorized or has the power to obligate the other party by contract, agreement, warranty, representation or otherwise in any manner whatsoever except as may be expressly provided herein. 10. FORMS [THE REST OF THIS PAGE WAS LEFT INTENTIONALLY BLANK. FORMS BEGIN ON NEXT PAGE] 42 Form A PROPOSER QUESTIONNAIRE- General Business Information (Products, Pricing, Sector Spectfrc, Services, Terms and Warranty are addressed on Form P Proposer Name: Rosenbauer South Dakota, LLC Questionnaire completed by: Donley Frederickson Please identify the person NJPA should correspond with from now through the Award process: Name: Donley Frederickson, &Mail address: dfrederickson@rosenbaueramerica.com Please provide an answer to all questions below and address all requests made in this RFP. Please use the Microsoft Word/Excel document version of this questionnaire to respond to the questions contained herein. Please provide your answer to each question indented below the question. Please supply any applicable supporting information and documentation you feel appropriate in addition to answers entered to the Word document. All information must be typed, organized, and easily understood by evaluators. Company Information I ) Why did you respond to this RFP? RFP process is straight Forward, NJPA accepted by many municipalities, NJPA acceptance of dealer involvement. 2) What are your company's expectations in the event of an award? High: Due to NJPA acceptance of dealer involvement in the RFP process, order process of the RFP follows Rosenbauer format and the RFP will be easy represent to our customers 3) Provide the full legal name, address, tax identifications number, and telephone number for your business. 4) Rosenbauer South Dakota, LLC 5) 100 Third St 6) Lyons, SO 57041 7) 46-0448012 8) 605-543-5591 9) 10) Demonstrate your financial strength and stability. Rosenbauer South Dakota has a 30+ year history of solid financial performance with prudent and conservative management. Our equity ratio currently exceeds 50% and has never been below 35%. We maintain revenue levels of over $100 million annually. We have no longterm debt. 11) Are you now, or have you ever been the subject of a bankruptcy action? Please explain. No 12) Provide a brief history of your company that includes your company's core values and business philosophy, See attached. "company history" and "why dm business with Rosenbauer' 13)How long has your company been in the "FIRE TRUCKS AND FIRE APPARATUS WITH RELATED ACCESSORIES AND SUPPLIES", industry? 15 years in current legal form. Over 30 years in total 14) Is your organization best described as a manufacturer or a distributor/dealer/re-seller for a manufacturer of the products/equipment and related services being proposed? Manufacturer a) If the Proposer is best described as a re -seller, manufacturer aggregate, or distributor, please provide evidence of your authorization as a dealer/re-sellertmanufacturer aggregate for the manufacturer of the products/equipment and related services you are proposing, b) If the Proposer is best described as a manufacturer, please describe your relationship with your sales/service force and/or Dealer Network in delivering the products/equipment and related services proposed. We work with a worldwide network of independem dealers to sell, deliver, and service our produco. c) Are these individuals your employees, or the employees of a third party? Third party d) If applicable, is the Dealer Network independent or company owned? Independent 15) Please provide your bond rating, and/or a credit reference front your bank. $5/$1,000 - Dun & Bradstreet Number- 10-229 -2 117 - Dun & Bradstreet Rating 4A2 16) Provide a detailed explanation outlining the licenses and certifications that am both required to be held, and actually held by your organization in pursuit of the commerce and business contemplated by this RFP. Rosenbauer South Dakota holds dealer and/or manufacturer licenses in all states where legally required. See Attached 17) Provide a detailed explanation outlining licenses and certifications both required to be held and actually held, by third parties and sub -contractors to your organization in pursuit of the cormneros contemplated by this RFP. If not applicable, please respond with "Not Applicable." In situations where our dealers hold customer contmets, they are properly licensed as vehicle dealers. 18) Provide all "Suspension or Disbarment' information as defined and required herein. NONE: 19) In addition to the $1.5 million in General Liability and/or in conjunction with umbrella insurance coverage, what level of automobile and workers compensation insurance does your organization currently have? If none, please explain. General Liability coverage of $1,000,000. Aggregate $2,000,000 and workers compensation insurance coverage of $500,000, umbrella coverage of $15,000,000. I j -'0) Within the RFP category there is potential to be several different subcategories of solutions. What sub category tides would best describe your products, services and supplies? Pumpers, Water Tenders/Tanken. Mini Pumpers, Rescues, Aerials, Brush Truck Industry -Marketplace Successes 21) List and document recent industry awards and recognition. ISO 9000 Certified; Better Business Bureau Accreditation; FAMA Member Company; Rosenbauer s President, Harold Boer, holds the distinction of being a past president of the FAMA organization and is a sustaining board member; the two members of the Rosenbauer Marketing Department are co-chairs of the Marketing Committee for the FAMA organization - Rosenbauer Free Trade 7x ne Lyons SD - registered nonresident importer in Canada. 22) Supply three references/testimonials from customers of like status to NJPA Members to include Government and Education agencies. Please include the customer's time, contact, and phone number. Please see attached 23) Provide names and addresses of the top five (5) government or education agency customers to include the scope of projects, size of transaction, and dollar volumes from the past three (3) fiscal years. US Air Force DFAS Columbus Center DFAS - CO/West Entitlement OPS PO Box 182381 Columbus. OH 43218-2381 Scope -Panther 1500 AT 4x4 Aircraft Rescue Firefighting Unit Size - 5 units Dollar Amount - $3,612,681 US Forest Service 333 Broadway Albuquerque, NM 87102 Scope - Commercial Pumper Model 326 and 346 Size 5 units Dollar Amount - $1.107,979 US Nmi Navy Region Mid -Atlantic Fire& Emergency Services Naval Station Norfolk 1776 Gilbert Street, bldg, B-30 fN04) Norfolk, VA 23511 Scope Two -Door, Custom Chassis, Medium Duty HuNtat Rescue Size - 2 units Dollar Amount $804.342 US Coast Guard 300 E Main Street. Suite 965 Norfolk. VA 23510 Scope Panther 1500 4x4 Aircraft Rescue Fire Fighting Unit Size - 1 unit Dollar Amount - $617,222 US Veterans Administration Alexandria Health Care System 2495 Shreveport Highway Pineville, LA 71360 Scope Custom Rosenbauer Pumper. Commercial Light Duty Rescue Size - 2 units Dollar Amount - $510,044 24) What percentages of your current (within the past three (3) fiscal years) national sales are to the governmem and education verticals? Indicate government and education verticals individually. Nearly 100%of our sales are to governmental agencies. with an occasional sale to for profit companies. Proposer's ability to sell and service nationwide 25) Please describe your company sales force in terms of numbers, geographic dispersion, and the proportion of their attention focused on the sale and services of the equipment/products contemplated in this RFP? Rosenbauer has 36 dealers throughout North America. 26) Please describe your dedicated dealer network and number of individual sales farce within your dealer network in terms of numbers, geographic dispersion, and the proportion of their attention focused on the sales distribution and delivery of your equipment/products and related services contemplated in this RFP? Rosenbuauer has 36 dealers in North America, each in o defined territory with which we have a combined sales force of 146 sales people who are 100% focused on sales and service of our equipment/products. 27) Please describe your dedicated company service force or dedicated network in terms of numbers, geographic dispersion, and the proportion of their attention focused on the sale of the equipment/products and related services contemplated in this RFP? Of these 146 dealer sales people, 68 of them are dedicated to full time truck sales and 78 of them are dedicated to Roseubnuer truck sales and the sale of equipment that is not connected to Rosenbauer All 146 sales people are 100% focused on equipment products related to this RPP 28) Please describe your dedicated dealer service force or network in terms of numbers geographic dispersion, and the proportion of their attention focused on the sale of the equipment/products and related services contemplated in this RFP? Additionally, please describe any applicable road service and do they offer the ability to service customers at the customer's location? Of the 36 dealers in North America, every dealer offers service after the sale. 26 of these dealers have their own service facility and road service. 10 of the dealers have agreements with independent service providers. These 36 dealers, in their defined territory, cover all 50 states and all providences in Canada 29) Describe in detail your customer service program regarding process and procedure. Please include, where appropriate, response time capabilities and commitments as a part of this RFP response and awarded contract. Rosenbauer supports our dealer network with a computerized program, Service Response System (SRS) that allows our dealers to email us 24 hours a day with warranty concerns. The SRS sy stein allows us to keep track of correspondence between our dealers and oursehes to insure we are responding in a timely manner. Once a response has been sent from Rosenbauer or the dealer, no information maybe changed, which allows us to inure our customer is receiving the service they expect Rosenbauer also provides our dealers and customers with a 24 hour 888 number to access our warranty people when an emergency arises, 30) Identify any geographic areas or NJPA market segments of the United States you will NOT be fully serving through the proposed contract. None 31) Identify any of NJPA Member segments or defined NJPA verticals you will NOT be offering and promoting an awarded contract to? (Government, Education, Non-profit) None 32) Define any specific requirements or restrictions as it applies to our members located off shores such as Hawaii and Alaska and the US Islands. Address your off shore shipping program on the Pricing form P of this document. None Marketing Plan 33) Describe your contract sales training program to your sales management, dealer network and/or direct sales teams relating to a NJPA awarded contract, Rosenbauer works with every dealer through our in-house contract administrator for various end users' requests in contracts to insure that our dealers are doing them correctly. Every contract that is submitted to the factory is reviewed and signed by the C.E.O. of Rosenbauer South Dakota. We will also have break-out sessions at our dealer meeting instructing our dealers how to work with the NJPA program and the proper procedure in submitting a contract. 34) Describe how you would market/promote an NJPA Contract nationally to ensure success. We would put out an initial press release to all of the national magazines in our industry announcing our partnership. On magazine ads we would be able to include the N1 PA logo. We would also be able to provide information on our website and a link to the NJPA website. Our entire brochure line could also include the NJPA logo. This would be phased 1n over a period of time as our brochures needed reprinting. We would also promote the NJPA partnership internally through our dealer and employee newsletters that go out to over 500 people monthly and quarterly. There is also a customer newsletter that goes out semiannually to US and Canadian customersin which we would also be able to promote the NJI'A brand. 35) Describe your marketing material, and overall marketing ability, relating to promoting this type of partnership and contract opportunity. (please sec above Information in previous question) Please send a few representative samples of your marketing materials in electronic format. (please sec attached samples) 36) Describe your use of technology and the interact to provide marketing and ensure national contract awareness. We hate an active company Facebook and Twitter account, as well as maintain our own company website We have immediate access In each of the web mediums and can make changes and post items at will. We have a national web campaign as well that utilizes e-mail blasts, drop-down banner web marketing and Wad ads. In addition. the majority of our dealers have begun making presentations using iPads instead of personal computers or laptop computers. The videos that we provide on many of our exclusive products are available at the tap of a screen to our dealers and customers 37) Describe your perception of NJPA's role in marketing the contract and your contracted products/equipment and related services. Rosenhauer feels that NJPA market role is to continue to market the NJPA brand and to expand Your membership base. Rosenhauer believes that our dealer network and staff's responsibility is to market and promote our product in combination with the NJPA brand to the end user. 38) Describe in detail any unique marketing techniques and methods as a part of your proposal that would separate you from other companies in your industry. We have the ability to direct market to every state in the US because of our vast dealer network We utilize a national marketing campaign as well as direct marketing pieces as the need arises, We also have another good resource with our International parent company and their marketing department and capabilities. One of our unique national ad campaigns includes a pull-out poster in the magazine with the largest national circulation. Many departments keep every poster that we create and hang them in their station houses, which creates a lasting Rosenhauer impression. 39) Describe your company's Senior Management level commitment with regards to embracement, promoting, supporting and managing a resultant NJPA awarded contract Our management roam would be very dedicated to the NJPA contract process in all aspects. There are daily management meetings with the C.G.O. of Rownbauer South Dakota so that all upcoming special projects are given high priority and are watched closely from the beginning stages of production, all the way through to delivery. There are also daily supervisor meetings so each department is aware of any special trucks that are being brought through the production process and should be given special attention. Supervisors are also undergoing more training so that the production efficiency is streamlined. and we will be able to provide better service throughout the buying, building and delivering process. Rosenbauer is always dedicated to providing a quality product to each and every customer 40) Do you view your products/equipment applicable to an &procurement ordering process? Yes/ No. Yes a) If yes, describe examples of E -procurement syslept/s or electronic marketplace solutions that your products/equipment was available through. Demonstrate the success of government and educations customers to ordering through E- procurement. Rosenhauer currently utilizes several F. -Procurement systems in the marketplace. including GSA a -buy. Texas Multiple Award and HGAC. Each of these systems has proven successful and all orders submitted through the US Government. HGAC has been part of our Texas order for the past 10 or more years and is growing acceptable in many states within the US. Florida Sherriff has not been accepted as widely as HGAC 41) Please describe how you will communicate your NJPA pricing and pricing strategy to your sales force nationally? Rosenbauer's plan is to have as many options available as possible with a ceiling price that our dealers will not exceed. The dealer will submit all specs for pricing to the factory, as they are doing presently. After a dealer cost has been determined, Rosenbauer, along with the dealer, will agree upon a fair commission not to exceed the ceiling price that has been submitted to NJPA. When an unlisted option is requested, the dealer will have to set a fair percentage increase that they can add to their cost to determine the price for the end user Other Cooperative Procurement Contracts Held 42) Identify all cooperative contracts hosted by any government or education agency or govemmenl or education cooperative or by a third party marketing company, which are marketed in more than one state, held or utilized by the Proposer. HGAC, GSA. & Florida Sheriffs 43) What is the annual dollar sales volume generated through each of the contract(s) identified in your answer to the previous question. HGAC $6,080,500.00 Average for past two years GSA $2,422,365.00 Florida Sheriffs there were no sales in 2013 44) Identify awarded WSCA or specific state procurement contracts held or utilized by the Proposer with any State of the United States. We have no affiliation with WSCA 45) What is the annual combined dollar sales volume for each of these contracts? Approximately $8,000,000 46) Identify any GSA Contracts held or utilized by the Proposer. Rosenbauer is currently an active GSA contract holder. GSA contract number GS30F0014S. is talid until July 2016. 47) If you are awarded the NJPA contract, are there any market segments in verticals (e.g, higher education, K-12 local governments, non -profits etc.) or geographical markets where the NJPA contract will not be your primary contract purchasing vehicle? If so, please identify those markets and which cooperative purchasing agreement will be your primary vehicle. Texas will be the most difficult stale to change to NJPA for the Fire service. Fire service is a strong HGA( user. 48) If you are awarded the NJPA contract, is it your intention and commitment to lead with your NJPA contract? X_ Yes No Explain and demonstrate your commitment and/or restrictions. Our dealer network is the back bone for sales in the Rosenbauer organization, Rosenbauer will he committed to working with our dealers to promote NJPA to our customers, this will be done w ith [he help of our regional managers, training seminars and factory support. t. 49) Identify a proposed administrative fee payable to NJPA for facilitation, management and promotion of the NJPA cc ntramS should you be awarded. This fee is typically calculated as a percentage of Contract sales and not a line item addition to the customers cost of goods. 2%ofdealer cost for bodies and aerial apparatus. Chassis will not be included in the administratise fee due to the fact that they are only a pass through for Rosenbauer. Value Added Attributes 50) If applicable, describe any product/equipment training programs available as options for NJPA members. If applicable, do you offer equipment operator training as well as maintenance training? X Yes _ No: Familiarization of the operation of the apparatus is included in the bid. 51) Is this training standard as a pan of a purchase or optional? Familiarization is standard as a pan of a purchase 52) Describe cuff ent technological advances your proposed equipment/products and related services offer. On all products we offer Green Star, Smart Cab, Cable pump panel controls, Rosenbauer pumps (this makes Rosenbauer a true single source provider of apparatus), EZ Prime, life time sublimate warranty, EZ three piece swivel for aerials, easy load hose bed, Aerial Command Seat, Soft -Touch aerial controls -Joy stick, aerial remote control and envelope controls for aerial. Descriptionsmtached: 53) Describe your "Greed' program as it relates to your company, your products/equipment, and your recycling pragram, including a list of all green products accompanied by the certifying agency for each (if applicable), Green Star See attached 54) Describe any Women or Minority Business Entity (WMBE) or Small Business Entity (SEE) accreditation and the general minority and small business program of your organization as it relates to a Contract resulting from this RFP. Not applicable 55) Identify any other unique or custom value added attributes of your company or your products/equipment or related services. Green Star, Smart Cab. Cable pump panel controls. Rosenbauer pumps (this makes Rosenbauer a true single source provider of fire apparatus), EZ Prime, life time sub -frame warranty, EZ three piece aerial swivel. easy load hosebed- hot dipped galvanized aerials and body sub -frames, Aerial Command Seat, Soft -Touch Aerial Controls, Joy stick aerial controls, aerial remote control, envelope controls for aerials. etc. Descriptions attached 56) Other than what you have already demonstrated or described, what separates your company, your productslequipment and related services from your competition? What makes your proposed solutions unique in your industry as it applies to NJPA members? Innovation. dedication to our customers, service after the sale. loyal repeat customers, a family value company, financial stability. a, well as a true single source provider 57) Identify and describe any service contract options included in the proposal, or offered as a proposed option, for the products/equipment being offered. Service contract beyond warranty is offered to the customer by the dealer 58) Identify your ability and willingness to offer an awarded contract to qualifying member agencies in Canada specifically and internationally in general. Rosenbauer has been doing business in Canada for the past 16 years within that time period Rosenbauer has sold over 500 apparatus through Rosenbauer dealerships in Canada 59) Describe any unique distribution and/or delivery methods or options offered in your proposal. The delivery process is started long before the truck leaves the factory, the pre -delivery is accomplished either by the department visiting the factory or through a video conference. When the truck leaves the factory it is either delivered to the dealer by Rosenbauer, the dealer picks it up or if the customer prefers he may come to the factory to take (' delivery at the factory. Signature: (Products, Pricing, Sector Specific, Services, Terms and Warranty are addressed on Form P Form B PROPOSDR IMCIRMATICI ' Cocifacy Naimct: Raserbaueu South ❑Mala, LLC A do cess: l a(13"' Sltumil City)ISlaleilZipl: Lyans, Slaulh Dakata 5M41 Phone: (0 -5Z3 -55S] 11all Nee N unnL em; Well sites: Nrw%v.rasenbanaramerioa.cani Foix: 6(15-543. 91C12 Ell -wail: sal(tsCrosentancnianiarica.com APJPA Maids samcilitries axist butween manaigeuncint (Ihase w}ta ncispard to RFPs' anc !ales staff Iltl:ose mha aonlacl NJPA Numters; Bial uomlt it aomntt nication pnotletns. Due la this faa1, prmidu Ihet na►ries of],mu kuy sales peaplla, plltana numbers, and gaopp•aphict lenritanias fcni nvltieh shay anct resplaw ilile COMPANY PERSIGNNDLI CONTAC'AS Au iltoriaed Signier for vau r cu•ganizalian*: 1, ame: Harold Baem, C..E.O. of Rctsenbaucir Amcu•ica Email: Pltane: (0-543-5591 By ctxctculinll Famrn F, Ihct "Prapaser's A ssuranact of Ccimpliance,",,ot are aertifj in€I Ili is pleusan idantifictd hene has their aulho11i2alianlosigi or telhgdfafyannar€lani2alian: Aul It or of your prop etsaI response Name: U an ley Fre( erickson Fimail: cfredericksor(a�i,,rasanLaueramerica.com Tile: Natioral Sale: Manager Ahcula: U15-543-5591 �'ou r Primat�l Cnr tact person rctgu•nling •aur proposal: Name: _Dan Schmid Tilla: Corlract Aculinis'Irator Hill ail: dschrtid1l c,raranLaueramerica.com Phone: 6(15-541.5591 0111141-imparta1111 contucl infar•nialictn: N, nt e: Scott Oyell Email: sayen,u.uosenPaneramurica.cam I'll anct: Title: Viae Prasiden aflSales 6(15-543.5591 1\ail te: Kevin Baysun Ti.11ct: Salm Cooudinatar Email: kLo),senr.rosentartcurnnerica.cam Fhona: (05.543-5591 Form C EXC EMONSI TIO PROPIOSAL. TERMS, CIONEIMONSI ANTI l S CILMOr SI REOUES] :impanN Name: RasunHwuei South Dakota, LLC Nola: Origin al must be sienk anc inserted in the insides front aoven pauah. Any wic epltians to the Tenors, Conditions, Specifications, or Prapasal Farms coritaine d herein shall N poled in writuig and incdudec with the prcplasal siutmittal. Proposer aclalowledges thea the exaepllians listec may, ormaN nal be acaeiptdd bN NJPA anc may or may nol le inaiu dei in the fins cantraall . NJHA may al ars f I exce ptians listed Here and daaumenl the resu U oflthasu alarificatiansi in the aplproroate seation below. FORM D is Formal Offering of Proposal �:,.� (To be completed Only by Proposer) FIRE TRUCKS AND FIRE APPARATUS WITH RELATED ACCESSORIES AND SUPPLIES In compliance with the Request for proposal (RFP) for "FIRE TRUCKS AND FIRE APPARATUS WITH RELATED ACCESSORIES AND SUPPLIES", the undersigned warrants that I/we have examined this RFP and, being familiar with all of the instructions, terms and conditions, general specifications, expectations, technical specifications, service expectations and any special terms, do hereby propose, fully commit and agree to furnish the defined equipment/products and related services In full compliance with all terms, conditions of this RFP, any applicable amendments of this RFP, and all Proposers Response documentation. Proposer further understands they accept the full responsibility as the sole source of responsibility of the proposed response herein and that the performance or any subcontractors employed by the Proposer in fulfillment of this proposal is the sole responsibility of the Proposer. Company Name:lZo5mbaurr 3wb hLintinlarLI-<. Date: 110.Y 11).J014 Company Address: MD IV) &Wee Ar City: I Apn ' State: �_ Zip: 5904 contact Person: T%Y)`Lf�% :E� - o Title,; 1�0aft r�a.1 $ales M0'ryQy Authorized Signature (ink only /� t1_ H0.YDld, $OCY (Name printed or typed) 49 Faam E Canteacl Aaaeplance and Awarc 17o de coniplletec anly by NIPAI) NIRA 011714 JIM TIRU(Ih 9 FIND FIRE AIRPARAITUS N ITIH RELATED A(IC ISSORIES AN 13 SUNRLIES � OSeh kA u.e Scx,� 4,i-, ba 1C , ) LG P iapaser's (lull leglal niarnie Maur pnapasal is henety acceptec and awarcec. Al!an amanced Wonaser, ycru ane naw bcitnc loi provide the cellinec produat/egtiplmenl anc seruiaes contained In Vaud prapasal cdFeuing accarding 10 all tenms, candilicins, anc pricing set Ilodh in this RIP, a nN am endments Ici this FIFP, youn Remponse, anc a ny exceplions aaaepted cin rejecled by NIRA on FcirrTi C. The effective slant tale cd the Camnaat mill to� 2(I14 anc continue far Icur yea ns loam the toarc am aaal d c ate, and m hich is st bjeo annual nenewal al the ontian oil bal h parties. phis ccintnaal has the aensidenaticin oil a fifth year nenemal apltian at 11-a ciscnetion oil NJPAI. National Joint Ravers Flllia/nlne® (IN.IPAIjl N.IPA Authouiaec signal ure: t tom\ N.IPA Execu IN a Directan (N ame printed ou t) ped) Amancec this ay of C 20�� NJPACorilraol Number ha11714,—RSD N PA Eltthoniaec signal ure: tol r-O��— N.IIFIBoarc tvemlier (Namenninlac arl)lpec) Becuted This cz y cd� ;IC N.IPA Canluact Numizen A (111714 RSD Pnopasen haneby accepts can naat awand inch din. all acceptec exceplians anc NJPA alaiiilicalians identifiec an FORM C. Vendor Name R0 -cZVZ- #vi 721 St)0 f, 1D. kk-b "C- `v a ndor Aul honi; a d s i®na l u re: &aLd& &O�� 9f 2o1D (j4F-e (N anie painted cin typed) Tlille: (,• . C, oE- ko5C-A, N -UF L nh1r1?F-r4 Exeaul ed t his _ day o1 APi2TL- 120 N J PA Clan l nai I N t rnben 4 a] 17] 4 —2 � 0 Fci um R ��• PROPOSER ASISLFANCE OF CCIMRIIII10E Puopasal Affrdao 11 ! IlgngUire Sager FIROROS INS ARFIDP VIT 1hei urideirsiglned, rorlwienling the Flenici firms anic earporaticans jcaininigl iri thea submission cif the foreilaing FPioposail Isuah persons, firms and corFlcmalion;ii Eeueiriafder Being rcaferrec to as tale Tuoii tleing duly s%ouni can his/hen oath, sl ales to 1 hci k est of his/heli t cilief ar d knawleadgle: ]I. The unc ersignec certifies 1 bei FhioFlose n is suE rriitl ingl thein proposal unc er til eir true and correct name , th e RnaFloser has beeni prcai iy ariiiiinalc c anc legally eixists in glocid stancirn® ini its state of resicerice, lhat the RrioFloser passemes, or will passeiss ii to thea c eli%ery all any pinaduci/eicIL iplmenl anc renal ec services, all apRlicaHle licerises neccii for such celivery to NJFA meni aglemaim riationialiy, and Oal they are aul hanized to act on E ehalll of, anc er au and en 1 hei "PuoFloseir' ini th is Ccintnacl, and 3. To the Eesl of my knowlecgei, na FlnoFloseir ou Rolenitlal RraFlaser, ncir aniy plemscan duly repuesenlingl the same, has direictly on incinadly enlenec into aaniy agreement or ananiilemenl with ary c0eu Arcipcaseas, Acitcinitial Rroplosers, ainy official ar empllayee of the Ii cm ary plemsori, fliim or couplonationi u ndeir cortract with the NIRA ini ani effarl to influence ciiUher the afllening an ncan-ofleming cd certain plriceis, teams, amid ocincitloris uelaitimg to 1 h is AFP whish 1 enids ta, on c osis, lesson or c eastuay freie campletiticin in the lactim® of tile Ccani sauflHl fare Hy this RFFI, anc 3. The Puaplaser oii any ii airs his/her behalf, has niol agrecid, connivec or ccdluded 1 a proc ucu a c ecul ive show all campetiticin in thea ruann en of 1 he preiF asal or awarc of 1 he neifereinced cKinituaci, and A. Keith eir 1, lHe PuaFlascm, nior, anry of icciu, cinciclau, Flartnieu, merriben oii associalci cif tile Mioposer, ncma any cf ib employees ciuciclly imoNcid In obtaining caribiads mItH the NIRA or any subc ivisiori till thea NIRA, has been aamialead of liaise Fluelerises, atlempltcd false puelenises cm const ivacyi to cammil falsci preterses, buibciry, atlempltead bribery oii aansplinaicy to 110hea unden Oct laws cif any stale cm feceral Iiamirini fou ads oii amissionis afteir.la nuary1, ISES, and 5. the Poapasein Has eaxaminiec and uridenstands the lerrris, ccanic iliam, scope, aanlract aplpcartur ily, sgleaificalicir s nequesl and citheu cacurrienls of this scdiailalioni anc that anry and all excepltians have been nolec in wnitinig and Have beam incluc ec with the FI uaplasal s u bmittal, anic El. If amided a ccritract, lhei Arcapaser will plrcNide the ciquiplment/pinaducls anc services and/cm services la qualifying members caf l h ca N.I PA in accord an cea w ith l he tcuams, carie itians, scople cal th is PFR, Puaplcascu afferec s geicifIcaticin s anc cath er c ocu mer is oil th is s cdiail atiori, and 1. The a nc eusigr ec, beainig familiaa m 11 h and unc ersl anc the exp ecl al ionis reclucastead anic autlinec ini 1 his RR L nc er cansic oral lean, henciby gropmes to cc liven til hough valid uequests, Rurchase oru ears as eith eu accepltaule looms ardemingl and ppaocu nemenit by NJPpI N embeus. Unless cill11 iso indicalec, neclueasted anc agreaec to an a valid puncilase arcer plea this RFFI, anily neo, unuscid and fiusl quality (icI iplmEant/praducls and relalec services ara to be transacted u till N.IPA Meirribens nelalirig to an awairc ec coni naict, and Ei. the Praplascm has caaellully ahciakead the accuracy of all plrai ec plraducis/uquiplmunt anc nelatod sermices and lisl ec 1 a1 al pinicei plexi unit of plc uchase in this ppioplasal to inicluc a shit plingl anc delivery cansic eratians. In acditican, lhei Rnoploser acccigls all genienal terms and ccancilians oil this RFA, including all reisplarusil ililies cal 51 eonimerit as atIlined anc plrapcuac, and Sl. In s ub mitting I his pnoplasal, it is u nc eritocid I hat th a ri®111 is reserved by 1 he NJFIA to reljecl any or all pnoplosals ar d it is agreed by all parties that I his pinoplosal may nal be w it H d raw n c u rir g a geriac of 910 days from tH e c a1 e plrciplas als vt ere splen a id regarc in® tH is F FR, an c M. Th a Rnoploser eeirtifles th al in perfourningl tH is aontract th uV m ill comply wil h all apglicab le Anovisiar s oil tH e federal, sl ale, anc local laws, rej u latior s, rules, ar d ord ens, and 11. Tt a Rrapmer u nc erslanc s 1 hat su brii proposals %%hicH are mankerd "canfidenl ial" ini 1 hein entirety, on tH ase it wt inh a s iglniflear t gars ieir of thea submittleid pnaposal is maukec "nionipub lic' milll niat b e acceplicid by h JRA. Surivant 1 o Minnesota Sl atul a §3125CI.Clll, su be . 51 ar d �1131.a31, s u be . 31, only specific plaits of tH e plropasal may be labeled a "I rade secaet' . All ppoposal! are n or public aril it 1 h u ccinl rad is a%anc ed; at which time, b of h su ecessful aric t nsu aaesslul %eiric ors' prapasals b ercarrici plu b lic inilanmatiori. 12. The Rropciser u nic entanic s and agrees th al NPA mill not be responsiblei Ilou arty infanmation car 1 airicid wil hIn the pnoposai. 3h ou Ic Ven dans not carriplly with tH a labeling and packir EI nequireiments, pluoposaIs will be released as submitted. 13. By siglninig below, til a Pnapaseu uridenstands it is his an hen rerspansib 111ty as the Vend on to act in Anal ecl ion of labulec infcnmatiori and aigneei to deleiric and inic emnify N JPA foo hononirgl s u ch c esignaticin. Prapcisen du ly realizes failu lie la so act will constil ute a complete %aiven anc all su b mitllec it fanmatior will become public inlourriat an; adc it ionially failure to label ary irfarmation tliat is neleasec by N.IPA sh all caristilute a campllete waiver of ar y and all claims lon darraglas ea usuc by ttl a releaser of 1 hei inifarmation. j Th a nest of 11:1113 rage has been leftl Intenl Ian ally blank. 31gnial u rci plape below] 52 By signing below, Proposer Is acknowledging that he or she has read, understands and agrees to comply with the .arms and conditions specified above. Company Name: Rosenblau PY Saui+) Nko+a LLC Contact Person for Questions: DMICU YPri�VIPkSOYI Must be individual Who isresponsi aorrfilling out this ropose sResponseform) Address: 100 —r hind &1hCM1xe. City ns /State/Zlp: LkAn, Jb .5��`Y� Telephone Number: k>0.5.543 -.SSG I Fax Number. W5-5143-Q70,a Authorized Signature: Authorized Name (typed): VA(AYr11C) ny- Date /m'2�J/e�/ Notarized Subscribed and sworn to before me this 10 Ah day of rn O.'>t, 20j Z_ Notary Public in and for the County of /.w State of 150 My commission expires: d.0{9 53 Foram C . Ou9RALll EVA IIUATIC N AND CRITHRIA Fcu 1 Fe Riopose c Subject "HIRE TRUCIN S AND III RE A RRARATUSI VI ITH RBLATOD ACICIESSIC RIGS AND SURALIHS" Car formar ce to tei ms ar d cont itions to inalL c e c aur meir tatiar 50 R i icing 400 Fir ar tial, Ir dustry ar d Marketplace SUCICEIsses 75 Bidder's Ability to Sell and 9eir%iicei Cor tract Nationally 1100 Bidder's Marketing Plan 50 Valga Ac c ed Attributes 75 Warranty Coverages and In ormatior . 50 Selection aric Variety of Proc L cis and 51erviCEIS Clfileired 200 Total Points Re% ie wed b� : 34 Its [m 11000 0 (a Form P PROPOSER QUESTIONNAIRE Products/Equipment, Pricing, Sector Specific, Services, Terms and Warranty Proposer Name: Rosenbauer South Dakota, LLC Questionnaire completed by: Donley Frederickson ABPA` Payment Terms and Financiue Onions I ) ldentify your payment terms if applicable. (Net 30, etc,) Payment upon delivery and acceptance. 2) Identify any applicable leasing or other financing options as defined herein. Pre -pays for chassis, aerials, or contract price. We use the following leasing companies: First Bankers, Indianapolis, IN or Community Leasing Partners, Manhattan, KS 3) Briefly describe your proposed order process for this proposal end contract award. (Note: order process may be modified or refined during an N3PA member's final Contract phase process). A Rosenbauer Dealer will work with the customer to sign a Rosenbauer contract then: Initial order; dealer will submit the contract and cost analysis sheet. When factory has received the initial order, a formal thank you letter will be sent to the customer by the factory. Within 30 days the dealer will submit a Rosenbauer order form and an approved chassis specification. Within 60 days dealer will submit a final production specification that will be approved for production by a Rosenbauer factory coordinator. a. Please specify if you will be including your dealer network in this proposal. If so, please specify how involved they will be. (For example, will he Dealer accept the P.O.?), and how me we to verify the specific dealer is part of your network? Only in the state of Texas and Washington will We P.O. be in the dealer name, due to State dealership laws. All other contracts or P.O.'s will be in Rosenbauer's name. 4) Do you accept the P -card procurement and payment process? YES Warranty 5) Describe, in detail, your Manufacture Warranty Program including conditions and requirements to qualify, claims procedure, and overall structure. All Warranties are attached 6) Do all warranties cover all products/equipment parts and labor? YES 7) Do warranties impose usage limit restrictions? Not all warranties, but some do: see attached warranties 8) Do warranties cover We expense of technicians travel time and mileage to perform wairmity repairs? No, travel time is not included in Rosenbauer Warranties; this is the responsibility of the dealers. Dealers are reimbursed for travel time through an incentive program. 9) Please list any other limitations or circumstances that would not be covered under your warranty, Acts of god, accidents, misuse, abuse, etc t 0) Please list any geographic regions of the United States for which you cannot provide a certified technician to perform warranty repairs. How will NJPA Members in these regions be provided service for warranty repair? We have service in all areas of North America. Service will be provided through our dealer network or by one ofour factories if the dealer or customer request Eauinment/Products and Related Services and Pricing 11)Provide a general narrative description of the equipment/products and related services you are offering in your proposal. Pumpers, Tanker Water Tender, Aerials, Mini Pumper, AARF, Rescues 12) Provide a general narrative description of your pricing model identifying how the model works (line item and/or published catalog percentage discount). Rosenbauer is offering a ceiling price specification; the Pre track will not be sold for any higher amount than it is listed for. The model of fire truck that is submitted is an apparatus that has many features on it, there arc over 20,000 options listed for each truck. Due to the complexity of the base truck when a different option is picked, the price of the truck will be the same or a reduction off of the list price. 13) Please quantify, the discount range presented in this response pricing as a percentage discount from MSRP/published list. A pre-pay discount may be offered. for example when the chassis is completed and arrives at the body factory, if the customer chooses to pay for it at that time, a 2.5% discount will be deleted from the bid price of the chassis. Volume discounts for 3 or more trucks will be done on a case by case basis. ' 14) Provide an overall proposed statement of method of pricing for individual line items, percentage discount off published product/equipment catalogs and/or category pricing percentage discount with regard to all equipment/products and related services and being proposed. Provide a SKU number for each item being proposed. Rosenbauer is offering a ceiling price base truck: the truck or options will not be sold for any higher amount than is listed 15) Propose a strategy, process, and specific method of facilitating "Sourced Product/Equipment and Related Services" (AKA, "Open Market" items or `Non -Standard Options"). Non Standard or a Rosenbauer special will be offered to the customer at no more than 20% of dealer cost 16) Provide your NJPA customer volume rebate programs, as applicable. Quantity discounts will be reviewed on case by case basis; they will be evaluated by Rosenbauer in accordance with the difficulty of the build 17) Identify any Total Cost of Acquisition (as defined herein) cost(s) which is NOT included "Pricing" submitted with your proposal response. Identify to whom these charges are payable to and their relationship to Proposer. Customer will be responsible for their slate lax where applicable. For example: Arizona Washington. Oregon. California, etc. 18) If freight, delivery or shipping is an additional cost to the NJPA member, describe in detail the complete shipping and delivery program. Included in RFP, except for Alaska and Hawaii, they will be POE at the port that it is loaded on the boat; customer will be responsible for the on sea freight costs. Rosenbauer will not include a markup of these freight costs 19) As an important pan of the evaluation of your offer, you must indicate the level of pricing you are offering. Prices offered in this proposal are (Your proposal will be deemed °Non-Responsive° if this question is not answered): a. Pricing is the same as typically offered to an individual municipality, Higher ed or school district. b. Pricing is the same as typically offered to GPOs, cooperative procurement organivations or state purchasing departments. c. Better than typically offered to GPOs, cooperative procurement organizations or state purchasing departments. 20) Do you offer quantity or volume discounts? _X YES _NO Outline guidelines and program. Quantity discounts will be reviewed rat case by case hasi,, they will be evaluated by Rosenbaner in accordance with the difficulty of the build. 21) Describe in detail your proposed exchange and return programs) and policy(s). 10%ofennlractprice. fthe contract is canceled 22) Specifically identify those shipping and delivery and exchange and returns programs as they relate to Alaska and Hawaii and any related off shore delivery of contracted products/ equipment and related services. Alaska and Hawaii will be POB at the port that it is loaded on the boar, customer will be responsible for the on sea freight costs Rosatbauer will not include a markup of lbese (reighl wsls. 23) Please describe any self-audit process/program you plan to employ to verify compliance with you anticipated contract with NJPA. Please be as specific as possible. All order, will be reviewed to insure that specifications do not exceed the NJPA It P ceiling pricing. Industry or Sector Specific Questions 1) What do you consider to be the top three market differentiators of your products/services relative to this RFP category? True Single Source Prodder - Rose nbauer offers a full product line tone stop shopping) One call R'ananty Process L/ Describe your experience in working with customers that have grant funding for use in purchasing your products/services. If any, please clarify the type of grant funding you have worked with (state, federal, non- profit). AFG grams Community Development Block Grants. Helmsley Foundation 3) Describe your experience and ability to facilitate the demonstration of compliance with National Fire Protection Association (NFPA) codes and standards for the purpose of acquiring grant funding. Rosenbaner is a long standing member of NEPA. Rosenbauer is active in assisting in the writing and reviewing Upcoming standards. Rosenbaner has 6 employees that sit on different committees within NEPA. In a Rosenbauer specification it states that these specs will meet NFPA 1901 Signature: L. "(/ "v" &Ot/-� Date: �� 11. PRE -SUBMISSION CHECKLIST Pre -submission Checklist ❑ Have you read, and do you understand the intent this RFP? ❑ Have you attended the Pre -Proposal Conference forthis RFP? ❑ Have you completed the questionnaires (Forms A & P) to the best of your ability? ❑ Have you submitted pricing for all of the product/equipment and related services you are proposing within the scope of this RFP? ❑ Have you packaged your Proposal submission identifying conspicuously "Competitive Proposal Enclosed, Please hold for public opening XX -XX -XXX"? ❑ Have you sent your package in sufficient time for physical delivery at 20212th ST NE Staples, MN 56479 to occur prior to the deadline for delivery? ❑ Have you submitted hard copy original signed, completed, and dated forms C, D, E, and hard copy signed signature page only from forms A and P of this RFP? ❑ Have you submitted verification of liability insurance with the coverage and limits required in the RFP? ❑ If any addendum/s to RFP were issued, have you submitted a signed copy of such addendum/s? ❑ Have you provided an electronic copy (saved on a CD or flash drive) of your entire proposal including, but not limited to, Forms A, B, C, D, E, F, & P in your proposal? Contents of your Proposal response: ❑ Hard copy original signed, completed, and dated forms C, D, F, and hard copy signed signature page only from forms A and P. ❑ Electronic submission of proposal forms A, B, C, D, E, F & P (CD or flash drive). ❑ Certificate of Insurance (demonstration of insurability) FORM TITLES Form Proposer questionnaire— General Business Information Form B Proposer Information Form C Exceptions to Proposal, Terms, Conditions, and Solutions Request Form D Formal Offering of Proposal Form E Contract Acceptance and Award Form Proposer Assurance of Compliance Form G Overall Evaluation and Criteria Form Proposer Questionnaire —Products/equipment,Pricing, Sector Specific, Services, Terms and Warranty Section 1. Instructions For Vendor Pursuant to section 4 of the NJPA RFP, requests for equipment/products or service changes, additions or deletions will be allowed at anytime throughout the awarded contract term. All requests must be made in written format by completing sections 2, 3 and 4 of the NJPA Price and Product Change Request Form and signature of an authorized 57 Vericcm Eirrli in Sel(itiari 3. P II changEiS ane SI, EJEC1 la rEiview aric apllial Ly tH Ei NJ PA Clanit racls & Compliance Maria€ler, si€lried iri a(icElpltance Ly tH EI NJPA becttiVEI Dinectan an eCNriawl adgad Ly tH Ei NJ III Contract CCIL riCiI. '_ L Em it rElclu est vie Elr iI to yCIL n Caritnact MariagEm AND: Paric R@ njplacciclpl.or€I• NJ IA's du El c iligElriCEi in anialVzirig aniy request fail ciharifle is to c Eltermiria A aplprov a1 of thEl rElclu est is: 11) within the sc aple of 1 h e aniginaI PFR aric 3) iri 1 he "li IntElrests of NIRA aric NJ III Members." As ion ec Rrice aric Rrac uc1 CW an€le form will be returniEic icl venic a n Contacl via email. Veric an must compllEite this aharige rElclu EISt form and iric Nic ually list or attach all itElms an services s I. E JElcd to CharigEi, pravide sufficiently c Eltailed e� pllanal ioni aric c Clcw menil ation for tH EI charge, and inudu c e a CCImpElla nestal Eirriffit of pricii rig docu merit in aplplropriai a format (prElferat ly II TH Ei pricii rig docwmEinit mi, si idffii ifyl all equ iplment/ prac u C1 s and services Leinig ofilerElc and must conform to the followi rig NJ IA ppiaduct) pinicEl ciharige naming convenition: (VElnidor Name) III Contra Ci P) jefilectivEl priciirig dale); fan exarrlplEl, "CICIMRANY 01:1411111 -CRY off CIA -1:1-20]13." AICTEL• III Eiv\ pricing restatement ri include all EiquiplmEirit/ plroc u cts anic serviCEls ofilerElc rElganc less CIII WH ether till Sir prides h av a CIH anlgElc and iriciludEl a rIEIW "EIfiIEICtivEl c ate" on thEl priding docu merits. TH is rElqu inamanit riec a CESS ciarifu sion Ly prov is irig a single, ciurrElrit ppiieing shElElt for eaCH v Eindor aric CrElates e E istoricial neciand of plricini€I• ADDITIONS. New equ ipment/prac ucls aric rEdatec serviCEu may be addec to a ciontracl if such ac c itions are witH ini tH EI staple of tH a H FP. DOLli . New EICIL ipmeril/ppiadu(its and nelatElc SEirviCEis may L e c eletElc 11nam a aonl racil if ari item or serviCE1 is rio Ion€len av ailaLIs anic tH u s not rEIIEivarii 1 a 1 h e carii pact; fan exarrlplEl, discorii iriu ed, imppiovElc, Eli C. RRICII CHP I` Gl : A equest prides cH ariges in geniEnial 1 arms alclrig with 1 h e .ju s1 ifieei iclri by plriodu ct categoryfan 1 he charge; fore) amplla, a -I% incrieas EI in XYa Rnodu(t Lina is c LS to a 3% iricrElase iri plEitroleu m, or tH is list of 9 Us) prac a c1 c eseripl ionis is ineneas in€l ) % c LS 10 > % iniereas EI in cost of naw materials. Price decreases: NJ III eaplelcts VEiricaus I rjual losa theirvEiry best prides and aniliciplatEls price ret L ctionis are C LS la adv anciemant of tEIChrlCllo€liEIS aric mankei pleCEI ElfiliciElricies. Price inai: Tyr lieaI acl(IElplteblEl increase requests iricduc EI incmeEISEls to Venic an iniput Costs Such as pletroleu m clr of h or appllicable cam mad il ies, iricrEiases in ppicldu(It Ltility of riew campaned to old equ iplment/prac uc1 clr SEIrviCEI, Ell C. VElric an must iri(IIU C 9 IlaeSonldL IS C clew merll ation fort HEI Claims cited in 1 h elln nequ ENt alclrlg with C Eltailed .ju s1 ificei iari Ilan why tH EI incriees EI is rieec SIC. '_ pleciel ClEl1 ails far price ch an€les must be in CIL cad with thEl request alomg w HE ball- cu rrElrit an plropclSElc ppl rig. Apprappiiate c ocumental iari SE CIL Ic bEl attacH Ele la this Ilarim, iriclu c in€I killers from s u pplliers ar riau nicimg ppiiCEi incmeEISEis. RElfer to section 4 of thEl RFI for campletEl "Pricirig" c etails. SIecticlri 1 Vendor Name and Typle of Char i€IS Request AWARDED VIP DOR NAME: NJPA CONTRACT NUMBOR: 418 CIF III ALL CHANGE! 111-ATARli ❑ Ac c irig Inodu Cts/SEirvicas ❑ DEIIEliirig/Ilisconitinuing Rnodu cts/ so r% ices ❑ III InClleclsEl ❑ InicEl Decrease Seaticini 3. Dai 9xplaiiion of Neied 11crr (II anges List equ ipment/prac acts aeric) cm sae ices 1 h at arEi uhari€lira®, beim@l addec or delelEid 11rom KlrErviou s caritract pricier list alanig with tll Ei KIEmcEirita€le cI anige fcm Eiacih it em or date€Iciry. IlAltauh as a plarale, c etailed do(iu mErrit if more 1 Ian 110 it ems.) Rrovic e a ®erieraI sl atErmeril aeric c aau meril atiani ear Kllairiiri€l 1 h e reasons for thesEr pride amc /or proc LCI uhairi@les. SAMPLES: 1-1161 paperequipment/prcicucllsi civic services inicroasied 5%ini pricesdue 10 transipcirtation and fuel ccisits (sEie attache c cocii, mein tciticini cif raw mateiriaLi incirecisiei). 2. The 64 00 seirieL4i floor po,listl e isi addeid 1a llhe prcic uci>I list as a new mcide,1 repilaainig the 3400 sieriesi. TFlei 61400 serif is -- % 'ncirecisEi reijJecitsi tecihno,logiccil improveimeintsi mcice thcit improve IN rcite of ef)iciiEinc y and usiefu] kJo. The 54 OCI se ries is now iniclludeid in Mei "'Not Lisit" at a 20% dhicciunt from previous pricing uniM remaining inventory is liquidated. It addine product/s, provide a ReneraI stal errienit how these are in the It Cnani?Inr? Drlces. Drciiae a Genera i stat emElrll 1 rat tnEr Driciniz Is carisisTar11 N IT 11 ErHrsl Ing IVJNA ucinItraClt 59 Suclion 4. Ccimplete Restaturneril cif Pricirigl Submitleid A CIOIMA LUIS restatement of 1 IIEI puieinig ini(Ilu c irigl all neiti avid er istin€I eic a iplrrieirit) plriodu cts and servieeis is attaaN eid aeric/cui Has teen eimaiilec to ParicR@njplacioop.or€I• ❑ YEI9 ❑ No Section 5. Signatu res VElndor AutH cirizec Siglnal u nee DatEl Rrint Narriei and Title of A uthorizec _'Ii€frier � .IRA BXEIOU 1 K e O ireiatcir Signal a rie Date AddEInCLrr 120013 1ki I hat certain RFNIFIai1614 Issued by 11he N al la r ial Jainl Pawers Alliam eim Poli the F1piocuremenl of HIREI TPIIUCKS AND FMI: APAAIU TUS U111I.1 REIIATEr ACCESSCIRIBS A.1• DI :IIJIPALIE9 Please corisider the hollowing I o be a pant of the atove RFP. 11 a sealaI nun' bonfan this AFFII Ghali t e churn®ed fiiom (1111614 I (W IIT A. Al Iached ploase find a 4anieciad veuaien copy oil thio RFP. Please deistucy all other veflsicins. ADDENDUM 121813 To that certain ,,� l`� II.�i� NJPA RFP 8011714 ---= J y '4471 4 Issued by National Joint Powers Alliance - For the procurement of FIRE TRUCKS AND FIRE APPARATUS WITH RELATED ACCESSORIES AND SUPPLIES Consider the following to be part of the above titled RFP: 1) Paragraph E, Section 1.27, subsection 1.27.1 of the above-mentioned Request for Proposal Qocated on page 10 of CORRECTED RFP document) shall be amended as follows: "3.8 "NJPA is seeking a Contract base term of four years as allowed by Minnesota Contracting Law. Full term Is expected. One additional one-year renewal -extension may be offered by NJPA to Vendor beyond the original four year term if NJPA deems such action to be in the best Interests of NJPA and Its Members. NJPA reserves the right to conduct periodic business reviews throughout the term of the contratt" 2) Due to the above revision of the four year contract language, Form E has been amended to reflect this change and replaced with the attached AMENDED FORM E. The Vendor section on the bottom of Form E does need to be completed and returned with your RFP response. Both a hard copy and electronic copy of the attached amended Form E must be submitted with your response to this RFP. 3) Replace the title page of this corrected RFP 4011714 with the revised, attached title page. The new title page corrects a clerical error reflecting the Incorrect year of the RFP Opening from January 17, 2013 to January 17, 2014. 4) Questions submitted at the Pre -Proposal Conference on December 17, 2013: Q: $O are we supposed to give you pricing for the highest price truck we can build? Need more Information on what you are expecting with a solutions based/ceiling based pricing. This is not the way this business usually works. A: NJPA requests that all proposals should be solutions based to give the widest range of possible fire truck configurations for our members nationwide. We suggest various models for our members to choose from and customize. Ceiling based pricing Is the most money that a member could be charged for a unit but you can charge less than your posted pricing. Please refer to Section 4 D. CEILING PRICE 4.20 and 4.21. We also spoke of sourced goods. A Sourced Good is a product that a customer wants that you do not have available under contract. The example used was a particular strobe that an agency may want that you do not carry. In order for you to get that strobe for them you may need to go to a third party vendor to procure It. In this case you would use a sourced goods multiplier such as cost plus 15% You would charge the customer cost and add up to 15% for your mark up. Please refer to Section 4 F. 4.26 to 4.27.3. Q: Per 1.21.1.1, "Rescues" are Included on this RFP. The contracts are good for 4 years so will any proposed Rescues compete with the award to Hackney in 2012 or is that contract almost over? A: Hackney was awarded a 4 year contract. It is possible we could see some overlap from our Emergency Response Vehicles that Hackney was awarded under last year considering the wide variations of the term "Rescues." Q: we are on HGAC which is a little different In that we have to provide a base spec and options in an Excel format. Is that something that we can provide—are you looking for actual specs or just the forms? A: NJPA does ask that the pricing segment of the response be submitted in an Excel format. NJPA doesn't tell you how to do structure price; how each company chooses to respond with their specifications is entirely up to each individual respondent as you know your Industry and what customers want/need. Each unit that is proposed under each category should include at least the base specifications and any additions available as option to the proposed vehicle. Please refer to Section 4 A 4.5 Line -Item pricing to 4.10 or Section 4 B. PERCENTAGE DISCOUNT FROM CATALOG OR CATEGORY 4.11 to 4.16. We also spoke of contracting different chassis from vendors such as Ford, Chevrolet, Dodge, Freightliner, or International and providing them as a choice under the contract. Q. Does the evaluation team Include Fire service professionals such as Fire Chiefs or Master Mechanics or Consultants? People from large Urban paid Departments or Rural Departments? A: NIPA used a consultant during the business development process and input was provided to NJPA by various fire department professionals and member advisors, those professionals are not evaluating or scoring the responses but will be available to handle any industry related questions NJPA may have regarding responses provided. There is not a fire service professional on the evaluation team. Q: How many rescue vehicles have been sold on the previous contract so far? A: No number was provided in the conference call; however, NJ PA researched the answer and to date we have sold 5 rescues from the contract in under 1 year and we have sold nearly 50 police interceptors from contract and other emergency vehicles. Q: delivery: Is this something that can be shown as an option or how do you want that listed? A: Delivery can be included In the proposal as dollars per mile, a freight matrix, customer pick-up, FOR Origin or FOB Destination as an example. Respond with what Is typical or customary in your industry and explain Q: so mileage x $ / mile type matrix will work? A: Dollars per mile works well with heavy equipment and especially in the Mass Transit bus contracts. Q: what about the annual pricing update? A: Annual pricing can be done at any time during the contract's life. It can be done more or less than annually as there are no fixed times. Please refer to Section 4 PRICING STRATEGIES I.1. K. & L and the NJPA Price and Product Change Form located at the back of this RFP. 0: can you expand on the marketing that Is required? 5.6 in your RFP A: A series of questions on Form A address this. We are looking for how you will market the NIPA contract should you be awarded. What types of marketing you plan to use, trade shows you will attend where you will place ads, sales training you will perform to educate your sales force and customers, etc. 5) Additional clarifications were made with regard to administrative fees and leasing options: Administrative Fee Section 3.33.3 1 states that the typical administrative fee is 2%. NIPA does not mandate a specific fee percentage, we merely state that 296 is a typical fee across our contracts. The administrative fee percent varies among vendors, industries and responses. Leasing Options We spoke of providing a lease option in your contract for a ready built solution to your customer. If you do not have one available, N1 PA has a Professional Service Agreement (PSA( for you to partner with - National Cooperative Leasing (NCL) is NJPA's preferred provider of equipment financing and project financing. Many N1PA members have utilized NCL's financing solutions to facilitate acquisitions of a variety of assets including everything from office equipment and furniture to artificial turf fields. NCVs goal is to work with NJ PA Vendors and NJPA Members to provide financing solutions that help NJ PA members acquire what they need when they need it. Learn more about NCL's unique programs such as the "FlexPlus" plan which combines the Flexibility of an operating lease with the benefits of a tax exempt municipal lease and how NCL's "Fixed Asset Lease" can help members finance projects such as building additions, building remodels, roofing projects and more. (www.nationalcooperativeleasing.cam) ACKNOWLEDGMENT OF ADDENDUM 121813 TO RFP DISTRIBUTED VIA EMAIL ON DECEMBER 18, 2013 COMPANY NAME: 1 %/p) l: ILI_C SIGNATURE: MyO �y DATE: FIRE TRUCKS AND FIRE APPARATUS WITH RELATED ACCESSORIES AND SUPPLIES Consider the following to be part of the above titled RFP: 1) The original Deadline forSubmission of Proposals of January 16, 2014 will be extended to February 3, 2014. The amended RFP timeline Is as follows: November 22, 2013 Publication of RFP In the print and online Minneapolis Star Tribune, In the Daily Journal of Commerce within the State of Oregon, and the Salt Lake Tribune within Utah the NJPA Website, and on the website of noticetobidders.wm December 17, 2013 Pre-ProposalConference)webcast— conference call -Connection info 10:00 A.M. Central Time sent to all Inquirers two business days prior to the event) January 27, 2014 Deadline for RFP requests and questions February 3, 2014 Deadline for Submission of Proposals 4:30 P.M. Central Standard Time February 4,2014 Public Opening of Proposals 8:00 A. M. Central Standard Time ACKNOWLEDGMENT OF ADDENDUM 123013 TO RFP DISTRIBUTED VIA EMAIL ON DECEMBER 30, 2013 COMPANY NAME: t)akp_ M )I� 3= - SIGNATURE: DATE: �_ �YY�tts'a,\ ADDENDUM 123013 To that certain PUPA RFP 8011714 VMS if Issued by National Joint Powers Alliance - For the procurement of FIRE TRUCKS AND FIRE APPARATUS WITH RELATED ACCESSORIES AND SUPPLIES Consider the following to be part of the above titled RFP: 1) The original Deadline forSubmission of Proposals of January 16, 2014 will be extended to February 3, 2014. The amended RFP timeline Is as follows: November 22, 2013 Publication of RFP In the print and online Minneapolis Star Tribune, In the Daily Journal of Commerce within the State of Oregon, and the Salt Lake Tribune within Utah the NJPA Website, and on the website of noticetobidders.wm December 17, 2013 Pre-ProposalConference)webcast— conference call -Connection info 10:00 A.M. Central Time sent to all Inquirers two business days prior to the event) January 27, 2014 Deadline for RFP requests and questions February 3, 2014 Deadline for Submission of Proposals 4:30 P.M. Central Standard Time February 4,2014 Public Opening of Proposals 8:00 A. M. Central Standard Time ACKNOWLEDGMENT OF ADDENDUM 123013 TO RFP DISTRIBUTED VIA EMAIL ON DECEMBER 30, 2013 COMPANY NAME: t)akp_ M )I� 3= - SIGNATURE: DATE: FIRE TRUCKS AND FIRE APPARATUS WITH RELATED ACCESSORIES AND SUPPLIES Consider the following to be part of the above titled RFP: 1) The current Deadline for Submission of Proposals of February 3, 2014 will be extended to March 17, 2014. The amended RFP thmellne Is as follows: November 22, 2013 Publication of RFP in the print and online Minneapolis Star Tribune, in the DailyJournal of Commerce within the State of Oregon, and the Salt Lake Tribune within Utah the NJPA website, and on the website of noticetobidders.cum December 17, 2013 Pre -Proposal Conference (webcast— conference call- Connection Info 10:00 A.M. Central Time sent to all Inquirers two business days prior to the event) March 30, 2014 Deadline for RFP requests and questions March 17, 2014 Deadline for Submission of Proposals 4:30 P.M. Central Standard Time March SB, 2014 Public Opening of Proposals 8:00 A.M. Central Standard Time ACKNOWLEDGMENT OF ADDENDUM 020313 TO RFP DISTRIBUTED VIA EMAIL ON FEBRUARY 3, 2014 COMPANY NAME: SIGNATURE: n DATE: I ri- Mrlkclt—r'1'DQ`) ADDENDUM 020313 To that certain NJPA RFP R011724 Issued by National Joint Powers Alliance - For the procurement of FIRE TRUCKS AND FIRE APPARATUS WITH RELATED ACCESSORIES AND SUPPLIES Consider the following to be part of the above titled RFP: 1) The current Deadline for Submission of Proposals of February 3, 2014 will be extended to March 17, 2014. The amended RFP thmellne Is as follows: November 22, 2013 Publication of RFP in the print and online Minneapolis Star Tribune, in the DailyJournal of Commerce within the State of Oregon, and the Salt Lake Tribune within Utah the NJPA website, and on the website of noticetobidders.cum December 17, 2013 Pre -Proposal Conference (webcast— conference call- Connection Info 10:00 A.M. Central Time sent to all Inquirers two business days prior to the event) March 30, 2014 Deadline for RFP requests and questions March 17, 2014 Deadline for Submission of Proposals 4:30 P.M. Central Standard Time March SB, 2014 Public Opening of Proposals 8:00 A.M. Central Standard Time ACKNOWLEDGMENT OF ADDENDUM 020313 TO RFP DISTRIBUTED VIA EMAIL ON FEBRUARY 3, 2014 COMPANY NAME: SIGNATURE: n DATE: I ri- Mrlkclt—r'1'DQ`) www.nlpacoop.org NJPA National Joint Powers Alliance - Pricing, financials and marketing material were submitted with the response and is available upon request. Due to the difficulty in emailing such a large file they were not included. As a public agency, NJPA proposals, responses and awarded contracts are a matter of public record, except for that data included in the proposals, responses and awarded contracts that is classified as nonpublic; thus, pursuant to NJPA policies and RFP terms and conditions, all documentation, except for data which is nonpublic, is available for review through a formal request process including a written request. BXHIHT➢ B TC CC OPERATIVE PURCHASING AGRBBMEN`Il BB`IlWE BN '➢HH TOWN OP FICUNTAINI HILL 9 AIN D RIC SEINEAUEM SOUITH I]A.KCTA, LLC [Plroposall Seie following pages. 3084011.1 To: TOWN OF FOUNTAIN HILLS 16705 E. AVENUE OF THE FOUNTAINS FOUNTAIN Hall, AZ 85268 10 rusenhauer DATE: 10/2/2017 We hereby propose and agree to furnish, after your acceptance of this proposal and the proper execution by the Town of Fountain Hills, hereinafter called the BUYER and an officer of Rosenbauer South Dakota, LLC, hereinafter called the COMPANY, the following apparatus and equipment: ROSENBAUER STOCK # 7468 AERIAL APPARATUS BODY MANUFACTURED BY ROSENSAUER SOUTH DAKOTA, LLC AND SPECIFIED EQUIPMENT WITH A 101' REAR MOUNT AERIAL PLATFORM MOUNTED ON A ROSENBAUER COMMANDER CUSTOM CHASSIS. TOTAL ... (not including tax) $890,016.00• EIGHT HUNDRED NINETY THOUSAND SIXTEEN DOLLARS All of which are to be built in accordance with the specifications, clarifications and exceptions attached, and which are made a part of this agreement and contract. DELIVERY: The estimated delivery time for the completed apparatus, is to be made 120 days after receipt of and approval of this contract duly executed, subject to all causes beyond the Company's control. The quoted delivery time is based upon our receipt of the specified materials required to produce the apparatus in a timely manner. The Company cannot be held responsible for delays due to Acts of God, Labor Strikes, or Changes in Governmental Regulations that result in delayed delivery to our manufacturing facilities of these specified materials. This delivery estimate is based on the Company receiving complete and accurate paperwork from the Buyer and that no changes take place during pre -construction, mid -point inspections or final inspections. Changes required or requested by the Buyer during the construction process may be cause for an increase in the number of days required to build said apparatus. PAYMENT TERMS: Final payment for the apparatus shall be made at time of delivery or pick up of the completed vehicle. It is the responsibility of the Buyer to have full payment ready when the apparatus is complete and ready to deliver. If payment is delayed or delivery is delayed pending payment, a daily finance and storage fee may apply. Upon delivery of the apparatus or upon pickup of the apparatus by the Buyer, Buyer agrees to provide all liability and physical damage insurance. It is further agreed that if on delivery and test, any defects should develop, the Company shall be given reasonable time to correct same. Guarantee of the chassis is subject to the guarantee of the chassis manufacturer. 'NOTE: THE TOWN OF FOUNTAIN HILLS IS RESPONSIBLE FOR PAYING ALL STATE AND LOCAL TAXES AFTER DELIVERY OF THE COMPLETED UNIT. The amount in this proposal shall remain firm for a period of 30 days from the date of same. Page 1 of 2 www.rosenbaueramerica.com info@rosenbaueramerica.com ROSENBAUER SOUTH DAKOTA, LLC. ROSENBAUER MINNESOTA, U.C. ROSENBAUER MOTORS, LLC. ROSENBAVER AERIALS, LLC. 1g8THIRDSIIAE 6181 NUMISTREEr 519DartIIHSIREEr 8]O �JiHBP.IMDSRiEET Ra BOx5T P.GBOIW P.OBex Mg mEM]M,NEEMSIIABBfQ6 Ltt ,SDUINDAKOTAS?[Al WYOMING MNN6 A6a&2 WYgANO, MNNDWA6W P:�nlM P.5161 511 Rmt4 in P:01.4 in %i rosenbauer Respectfully submitted, DEALER: WESTERN ST S FIRE EQUIPMENT SALES REP: CHAD HORNE We accept the above proposal and enter into contract with signature below. Title Title Date After company receipt of this document signed by the Buyer, the document will be reviewed and upon approval, countersigned by the Company thereby putting the document In force. ROSENBAUFA SOUTH DAKOTALLC Title Czc) \1p1 -�d / Date Page 2 of 2 INITIALS www.rosenbauei amel ica:com info (4' r0Se11I)aUeramedca.eom ROSENBAUER SOUTH DAKOTA, LLC. ROSENBAUER MINNESOTA, LLQ ROSENBAUER MOTORS, LLC. ROSENBAUERAERIAIS,LLC 1MVIRDSTIEET 61812B81H6UWU 6198MRISTB 6A� PA.W%61 P.eeD W PA.E 540 fne .,MEfl9A9I(A09PL5 LYfNASWrHDAROMMI Wfdd WMIMWfAM2 WILtl11NR,MIHNR80TAM2 P:Wi2tw P: �Rwj P:WL4621D10 P.861.4621DL , Meeting Date: 1 011 71201 7 Agenda Type: Regular Staff Contact Information: Dave Ott, Fire Chief TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Type: Regular Session Submitting Department: Fire Department REQUEST TO COUNCIL_ (Agenda Language): CONSIDERATION OF DONATING the Town of Fountain Hills' 199$ American LaFrance ladder truck to the Port Aransas Fire Department to replace its ladder truck damaged in Hurricane Harvey. Applicant: N/A Applicant Contact Information: NIA Owner: Town of Fountain Hills Owner Contact Information: NIA Property Location: NIA Related Ordinance, Policy or Guiding Principle; NIA Staff Summary (background): Hurricane Harvey struck Texas on August 25, 2017 and caused severe damage to homes, businesses, and municipalities. At about the time that the Town of Fountain Hills was finalizing a proposed contract to purchase a ladder truck to replace a 20 year old ladder truck, staff learned that the ladder truck from Port Aransas was damaged beyond repair from the hurricane. It occurred to staff that the ladder truck would have a greater value to a community like Port Aransas than the estimated $20,000 to $30,000 surplus value to our town. Port Aransas is a city in Nueces County, Texas. It is located 180 miles southeast of San Antonio and has a population of less than 5,000. Port Aransas is the only established town on Mustang Island located north of Padre Island and is one of the longest barrier islands along the Texas coast. Corpus Christi Bay, the Gulf of Mexico, the Lydia Ann Ship Channel and the Corpus Christi Ship Channel make up the surrounding waters. There were approximately 145 fire trucks and other apparatus damaged from Hurrican Harvey. Texas A&M Forestry Service is coordinating donations of fire equipment and vehicles on behalf of fire departments in Texas through its Helping Hands Program. Staff has coordinated the possible donation of the ladder truck to the Texas A&M Forestry Service Helping Hands Program which will ensure that the vehicle is properly placed with Port Aransas. It is anticipated that the ladder truck would become available in the next thirty days to Port Aransas or about the same time that the Town of Fountain Hills accepts delivery of its new ladder truck. Risk Analysis (options or alternatives with implications): Another option is consideration of surplussing the vehicle for a limited cash value. Fiscal Impact (initial and ongoing costs; budget status): NIA Budget Reference (page number): NIA Funding Source: NA Page S of 2 If Multiple Funds utilued, list here: Budgeted; if No, attach Budget Adjustment Form: NA Recommendation(s) by Board(s) or Commission(s): Staff Recommendation(s): Staff recommends the donation of the ladder truck to Port Aransas. List Attachment(s): SUGGESTED MOTION (for council use): Move to approve donating the Town of Fountain Hills' 1998 American LaFrance ladder truck to the Port Aransas Fire Department and authorize the Town Manager to take all actions necessary to ensure the proper donation, including coordinating efforts with the Texas A&M Forestry Service. Prepared b Dave tllt, Fre unne, 10/1012017 Director's Approval ])eye [, FireZ`�i� 1' W&WZ iii AP ved: Grady E. Miller w Manager 10/10/2017 Page 2 of 2 Port Aransas FD After Hurricane Harvey LTHA i Q$, • sem" k� e �� . i�R_, ;,., . ,., �, 11) &YSh 1 F�sp goRj ARANS4s !�� II� 1 r ` °� - �� !�� SAT 5y ;,I 111 IV, 1