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HomeMy WebLinkAbout031909PZ:\Council Packets\2009\R3-19-09\Agenda 03-19-09.doc Last printed 3/17/2009 5:12 PM Page 1 of 3 REVISED NOTICE OF EXECUTIVE AND REGULAR SESSIONS OF THE FOUNTAIN HILLS TOWN COUNCIL TIME: 5:45 P.M. - EXECUTIVE SESSION (Executive Session will be held in the Fountain Conference Room - 2nd floor) 6:30 P.M. - REGULAR SESSION WHEN: THURSDAY, MARCH 19, 2008 WHERE: FOUNTAIN HILLS COUNCIL CHAMBERS 16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ 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 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. Mayor Jay T. Schlum Vice Mayor Mike Archambault Councilmember Cassie Hansen Councilmember Dennis Contino Councilmember Henry Leger Councilmember Ginny Dickey Councilmember Keith McMahan Z:\Council Packets\2009\R3-19-09\Agenda 03-19-09.doc Last printed 3/17/2009 5:12 PM Page 2 of 3 EXECUTIVE SESSION AGENDA CALL TO ORDER ROLL CALL – Mayor Schlum 1.) ROLL CALL AND VOTE TO GO INTO EXECUTIVE SESSION: (i) Pursuant to ARIZ. REV. STAT. §38-431.03(A)(1), Discussion or consideration of employment, assignment, appointment, promotion, demotion, dismissal, salaries, disciplining or resignation of a public officer, appointee or employee of any public body, except that, with the exception of salary discussion, an officer, appointee or employee may demand that the discussion or consideration occur at a public meeting. (Specifically, reviewing applications received for possible service on the Planning and Zoning Commission.); and (ii) Pursuant to ARIZ. REV. STAT. §38-431.03(A)(4), Discussion or consultation with the attorneys of the public body in order to consider its position and instruct its attorneys regarding the public body's position regarding contracts that are the subject of negotiations, in pending or contemplated litigation or in settlement discussions conducted in order to avoid or resolve litigation. (Specifically, contract negotiations related to an entertainment venue.) 2.) ADJOURNMENT. REGULAR SESSION AGENDA CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Schlum INVOCATION – Pastor Steve Bergeson, Shepherd of the Hills Lutheran Church ROLL CALL – Mayor Schlum MAYOR’S REPORT (i) None. SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS (i) Presentation by Parks and Recreation Director Mark Mayer, introducing a sculpture titled, “Blue Spire” proposed to be purchased by the Public Art Committee, and a steel sculpture titled, “Red Lady in Steel”, being proposed as an addition to the Public Art Committee’s prospect catalogue list. (ii) Recognition of Service - Parks and Recreation Commissioners: Tom Barberic, Naomi Bryant, and Ernest Cofrances; and McDowell Mountain Preservation Commissioners: Wendell Oliphant and Wayne Tall. (iii) Snake Safety Presentation by Fire Chief Scott LaGreca. CALL TO THE PUBLIC Pursuant to A.R.S. §38-431-01(G), public comment is permitted (not required) on matters not listed on the agenda. Any such comment (i) must be within the jurisdiction of the Council and (ii) is subject to reasonable time, place, and manner restrictions. The Council will not discuss or take legal action on matters raised during “Call to the Public” unless the matters are properly noticed for discussion and legal action. At the conclusion of the call to the public, individual Councilmembers may (i) respond to criticism, (ii) ask staff to review a matter or (iii) ask that the matter be placed on a future Council agenda. Z:\Council Packets\2009\R3-19-09\Agenda 03-19-09.doc Last printed 3/17/2009 5:12 PM Page 3 of 3 CONSENT AGENDA 1.) CONSIDERATION of approving the TOWN COUNCIL MEETING MINUTES from March 5, 2009. 2.) CONSIDERATION of approving a CONSTRUCTION SERVICES AGREEMENT with Performance Paving and Sealing in the amount of $19,695.04 for parking improvements at the Town of Fountain Hills’ Desert Botanical Garden. REGULAR AGENDA 3.) CONSIDERATION of RESOLUTION 2009-08, accepting a Federal Emergency Management Agency (FEMA), Department of Homeland Security (DHS) grant, in the amount of $35,000 for Fiscal Year 2008 Assistance to Firefighter, for the purchase of seven (7) new mobile radios. 4.) CONSIDERATION of a PURCHASE AGREEMENT between the Town of Fountain Hills and Motorola, Inc., for the purchase of seven (7) 700/800 megahertz radios, not to exceed $35,000. 5.) CONSIDERATION of a SERVICES AGREEMENT with 3D/International, Inc., in the amount not to exceed $207,505.69, for the Dirt Alley Project, Phase 1. 6.) CONSIDERATION AND POSSIBLE DIRECTION for NEGOTIATIONS relating to proposed agreement with respect to an entertainment venue. 7.) COUNCIL DISCUSSION/DIRECTION to the Town Manager. Items listed below are related only to the propriety of (i) placing such items on a future agenda for action or (ii) directing staff to conduct further research and report back to the Council: A. None. 8.) SUMMARY of COUNCIL REQUESTS and REPORT ON RECENT ACTIVITIES by the Town Manager. 9.) ADJOURNMENT DATED this 17th day of March, 2009. 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\2009\R3-19-09\Agenda 03-19-09.doc Last printed 3/17/2009 5:12 PM Page 1 of 3 REVISED NOTICE OF EXECUTIVE AND REGULAR SESSIONS OF THE FOUNTAIN HILLS TOWN COUNCIL TIME: 5:45 P.M. - EXECUTIVE SESSION (Executive Session will be held in the Fountain Conference Room - 2nd floor) 6:30 P.M. - REGULAR SESSION WHEN: THURSDAY, MARCH 19, 2008 WHERE: FOUNTAIN HILLS COUNCIL CHAMBERS 16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ 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 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. Mayor Jay T. Schlum Vice Mayor Mike Archambault Councilmember Cassie Hansen Councilmember Dennis Contino Councilmember Henry Leger Councilmember Ginny Dickey Councilmember Keith McMahan Z:\Council Packets\2009\R3-19-09\Agenda 03-19-09.doc Last printed 3/17/2009 5:12 PM Page 2 of 3 EXECUTIVE SESSION AGENDA CALL TO ORDER ROLL CALL – Mayor Schlum 1.) ROLL CALL AND VOTE TO GO INTO EXECUTIVE SESSION: (i) Pursuant to ARIZ. REV. STAT. §38-431.03(A)(1), Discussion or consideration of employment, assignment, appointment, promotion, demotion, dismissal, salaries, disciplining or resignation of a public officer, appointee or employee of any public body, except that, with the exception of salary discussion, an officer, appointee or employee may demand that the discussion or consideration occur at a public meeting. (Specifically, reviewing applications received for possible service on the Planning and Zoning Commission.); and (ii) Pursuant to ARIZ. REV. STAT. §38-431.03(A)(4), Discussion or consultation with the attorneys of the public body in order to consider its position and instruct its attorneys regarding the public body's position regarding contracts that are the subject of negotiations, in pending or contemplated litigation or in settlement discussions conducted in order to avoid or resolve litigation. (Specifically, contract negotiations related to an entertainment venue.) 2.) ADJOURNMENT. REGULAR SESSION AGENDA CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Schlum INVOCATION – Pastor Steve Bergeson, Shepherd of the Hills Lutheran Church ROLL CALL – Mayor Schlum MAYOR’S REPORT (i) None. SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS (i) Presentation by Parks and Recreation Director Mark Mayer, introducing a sculpture titled, “Blue Spire” proposed to be purchased by the Public Art Committee, and a steel sculpture titled, “Red Lady in Steel”, being proposed as an addition to the Public Art Committee’s prospect catalogue list. (ii) Recognition of Service - Parks and Recreation Commissioners: Tom Barberic, Naomi Bryant, and Ernest Cofrances; and McDowell Mountain Preservation Commissioners: Wendell Oliphant and Wayne Tall. (iii) Snake Safety Presentation by Fire Chief Scott LaGreca. CALL TO THE PUBLIC Pursuant to A.R.S. §38-431-01(G), public comment is permitted (not required) on matters not listed on the agenda. Any such comment (i) must be within the jurisdiction of the Council and (ii) is subject to reasonable time, place, and manner restrictions. The Council will not discuss or take legal action on matters raised during “Call to the Public” unless the matters are properly noticed for discussion and legal action. At the conclusion of the call to the public, individual Councilmembers may (i) respond to criticism, (ii) ask staff to review a matter or (iii) ask that the matter be placed on a future Council agenda. Z:\Council Packets\2009\R3-19-09\Agenda 03-19-09.doc Last printed 3/17/2009 5:12 PM Page 3 of 3 CONSENT AGENDA 1.) CONSIDERATION of approving the TOWN COUNCIL MEETING MINUTES from March 5, 2009. 2.) CONSIDERATION of approving a CONSTRUCTION SERVICES AGREEMENT with Performance Paving and Sealing in the amount of $19,695.04 for parking improvements at the Town of Fountain Hills’ Desert Botanical Garden. REGULAR AGENDA 3.) CONSIDERATION of RESOLUTION 2009-08, accepting a Federal Emergency Management Agency (FEMA), Department of Homeland Security (DHS) grant, in the amount of $35,000 for Fiscal Year 2008 Assistance to Firefighter, for the purchase of seven (7) new mobile radios. 4.) CONSIDERATION of a PURCHASE AGREEMENT between the Town of Fountain Hills and Motorola, Inc., for the purchase of seven (7) 700/800 megahertz radios, not to exceed $35,000. 5.) CONSIDERATION of a SERVICES AGREEMENT with 3D/International, Inc., in the amount not to exceed $207,505.69, for the Dirt Alley Project, Phase 1. 6.) CONSIDERATION AND POSSIBLE DIRECTION for NEGOTIATIONS relating to proposed agreement with respect to an entertainment venue. 7.) COUNCIL DISCUSSION/DIRECTION to the Town Manager. Items listed below are related only to the propriety of (i) placing such items on a future agenda for action or (ii) directing staff to conduct further research and report back to the Council: A. None. 8.) SUMMARY of COUNCIL REQUESTS and REPORT ON RECENT ACTIVITIES by the Town Manager. 9.) ADJOURNMENT DATED this 17th day of March, 2009. 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. IT’S SNAKE SEASON!FOUNTAIN HILLS FIRE DEPARTMENTREMINDS YOU… PROTECT YOURSELF•Remain alert to potential presence of snakes.•Illuminate walkways and keep clear of vegetation.•Block access points to enclosed yards.•Install gates firmly against the ground.•Keep home and garage doors closed. A SNAKE’S NATURAL CAMOFLAGE MAKES THEM DIFFICULT TO SEE.BE CAUTIOUS OF WHERE YOU STEP OR REACH. A SNAKE WILL DEFEND ITSELFDON’T MESS WITH IT…IT WON’TMESS WITH YOU! DON’T LET THIS HAPPEN TO YOU! SNAKE STATISTICSFountain Hills Fire Dept. responded to:•1,092 snake removal calls in 2004•829 snake removal calls in 2005Many more of these calls can be reduced with the following considerations prior to calling for assistance: The Fountain Hills Fire Department wants to help:•Someone is bitten. (Call 911)•A snake is INyour house or garage, or blocking access.•It is an immediate life-threatto people or pets.•It is in a fenced yard and can’t get out.•Call non-emergency(480) 945-6311•The snake is non-venomous.•The snake is not a threat.•It is in the street or crossing your property.•Late evenings; it will likely be gone by morning.•You have lost sight of the snake.There’s a good chance the snake has moved on!Please call us if:Please hold your call if: Fountain Hillshas manynative non-venomous snakes.These friendlysnakes feed onrodents and keep rattlesnakesaway. SNAKES HELP MAINTAINOUR NATURAL ECOSYSTEM GIVEN TIME,A SNAKE CROSSING OPEN DESERT PROPERTY WILL MOVE ON. BE PATIENT! BUT…IF YOU NEED US, WE’RE HERE FOR YOU.YOUR FOUNTAIN HILLS FIRE DEPARTMENT 978359.1 PURCHASE AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND MOTOROLA, INC. THIS PURCHASE AGREEMENT (this “Agreement”) is entered into as of March 19, 2009, between the Town of Fountain Hills, an Arizona municipal corporation (the “Town”) and Motorola, Inc., a Delaware corporation (the “Vendor”). RECITALS A. After a competitive procurement process, the City of Phoenix, Arizona, entered into contract number P-7288-05 with the Vendor (the “Phoenix Contract”) for the purchase of mobile and portable radios (the “Equipment”). The Phoenix Contract, as amended, is attached hereto as Exhibit A and incorporated herein by reference. B. The Town is permitted by Section 3-3-13 of the Town Code to make purchases under the Phoenix Contract without any further public bidding when, in the opinion of the purchasing director, a separate bidding process is not likely to result in a lower price than would be available under the Phoenix Contract. C. The purchasing director has made the determination that a separate bidding process is not likely to result in a lower price than would be available under the Phoenix Contract. The Town desires to purchase the Equipment from the Vendor for a lower cost than would otherwise be available. AGREEMENT NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated herein by reference, the following mutual covenants and conditions, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree as follows: 1. Scope of Work. Vendor shall provide to the Equipment to the Town under the terms and conditions of the Phoenix Contract and in accordance with the Vendor Proposal, a copy of which is attached hereto as Exhibit B and incorporated herein by reference. 2. Compensation. The Vendor’s total compensation under this Agreement shall be $32,830.44, as more particularly set forth in Exhibit B. 3. Records and Audit Rights. Vendor’s and its subcontractor’s books, records, correspondence, accounting procedures and practices, and any other supporting evidence relating to this Agreement, including the papers of any Vendor and its subcontractors’ employees who perform any work or services pursuant to this Agreement to ensure that the Vendor and its subcontractors are complying with the warranty under Section 4 below (all the foregoing 978359.1 2 hereinafter referred to as “Records”), shall be open to inspection and subject to audit and/or reproduction during normal working hours by the Town, to the extent necessary to adequately permit (a) evaluation and verification of any invoices, payments or claims based on Vendor’s and its subcontractors’ actual costs (including direct and indirect costs and overhead allocations) incurred, or units expended directly in the performance of work under this Agreement and (b) evaluation of the Vendor’s and its subcontractors’ compliance with the Arizona employer sanctions laws referenced in Section 4 below. To the extent necessary for the Town to audit Records as set forth in this Section, Vendor and its subcontractors hereby waive any rights to keep such Records confidential. For the purpose of evaluating or verifying such actual or claimed costs or units expended, the Town shall have access to said Records, even if located at its subcontractors’ facilities, from the effective date of this Agreement for the duration of the work and until three years after the date of final payment by the Town to Vendor pursuant to this Agreement. Vendor and its subcontractors shall provide the Town with adequate and appropriate workspace so that the Town can conduct audits in compliance with the provisions of this Section. The Town shall give Vendor or its subcontractors reasonable advance notice of intended audits. Vendor shall require its subcontractors to comply with the provisions of this Section by insertion of the requirements hereof in any subcontract pursuant to this Agreement. 4. E-verify Requirements. To the extent applicable under ARIZ. REV. STAT. § 41- 4401, the Vendor and its subcontractors warrant compliance with all federal immigration laws and regulations that relate to their employees and compliance with the E-verify requirements under ARIZ. REV. STAT. § 23-214(A). Vendor’s or its subcontractor’s failure to comply with such warranty shall be deemed a material breach of this Agreement and may result in the termination of this Agreement by the Town. 5. Scrutinized Business Operations. Pursuant to ARIZ. REV. STAT. §§ 35-391.06 and 35-393.06, the Vendor certifies that it does not have a scrutinized business operation in Sudan or Iran. For the purpose of this Section the term “scrutinized business operations” shall have the meanings set forth in ARIZ. REV. STAT. § 35-391 or 35-393, as applicable. If the Town determines that the Vendor submitted a false certification, the Town may impose remedies as provided by law including terminating this Agreement. 6. Cancellation by Town. This Agreement may be cancelled pursuant to ARIZ. REV. STAT. § 38-511. [SIGNATURES ON FOLLOWING PAGE] 978359.1 3 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first set forth above. “Town” “Vendor” TOWN OF FOUNTAIN HILLS, an Arizona MOTOROLA, INC., a Delaware municipal corporation corporation By: By: Richard L. Davis, Town Manager ATTEST: Name: Its: Bevelyn J. Bender, Town Clerk 978359.1 4 (ACKNOWLEDGEMENTS) STATE OF ARIZONA ) ) ss. COUNTY OF MARICOPA ) This instrument was acknowledged before me on , 2009, by Richard L. Davis, the Town Manager of the TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation, on behalf of the Town of Fountain Hills. Notary Public in and for the State of Arizona My Commission Expires: STATE OF ) ) ss. COUNTY OF ) This instrument was acknowledged before me on , 2009, by as of MOTOROLA, INC., a Delaware corporation, on behalf of the corporation. Notary Public in and for the State of ______ My Commission Expires: 978359.1 EXHIBIT A TO PURCHASE AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND MOTOROLA, INC. [Phoenix Contract] See following pages. 978359.1 EXHIBIT B TO PURCHASE AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND MOTOROLA, INC. [Vendor Proposal] See following pages.