HomeMy WebLinkAbout2021.0216.TCRM.Agenda.PacketNOTICE OF MEETING
REGULAR MEETING
FOUNTAIN HILLS TOWN COUNCIL
Mayor Ginny Dickey
VI ice p
Mayor David S elich
Y
Councilmember Gerry Friedel
11 Councilmember Sharron Grzybowski
TIME: 5:30 P.M. — REGULAR MEETING
WHEN: TUESDAY, FEBRUARY 16, 2021
WHERE: FOUNTAIN HILLS COUNCIL CHAMBERS
16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ
Councilmember Alan Magazine
Councilmember Peggy McMahon
Councilmember Mike Scharnow
jj
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.
REQUEST TO COMMENT
Due to the COVID-19 pandemic, Meetings of the Fountain Hills Town Council will be closed to the public until further
notice. However, the public is still invited to participate in these meetings through use of the following tools:
TO COMMENT IN WRITING: Please feel free to provide your comments by visiting
https://www.fh.az.eov/publiccomment and SUBMIT a Public Comment Card by 3:00 PM on the day of the meeting.
These comments will be shared with the Town Council.
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3:00 PM on the day of the meeting. You will be called on during the meeting when it is your turn to speak. Be sure to
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Meeting ID: 9916136 7759
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Town Council Regular Meeting of February 16, 2021 2 of 3
NOTICE OF OPTION TO RECESS INTO EXECUTIVE SESSION
Pursuant to A.R.S. §38-431.02, notice is hereby given to the members of the Town Council, and to the general public, that at
this meeting, the Town Council may vote to go into executive session, which will not be open to the public, for legal advice
and discussion with the Town's attorneys for legal advice on any item listed on the following agenda, pursuant to A.R.S.
§38-431.03(A)(3).
CALL TO ORDER AND PLEDGE OF ALLEGIANCE — Mayor Dickey
MOMENT OF SILENCE
ROLL CALL — Mayor Dickey
4. REPORTS BY MAYOR, COUNCILMEMBERS AND TOWN MANAGER
A. PROCLAMATION - March 1, 2021, as COVID-19 Memorial Day
SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
A. STATUS REPORT from John Craft, Chairman of the Strategic Planning Advisory Commission.
6. CONSENT AGENDA ITEMS
All items listed on the Consent Agenda are considered to be routine, noncontroversial matters and will be
enacted by one motion 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.
A. CONSIDERATION OF approving the meeting minutes of the Regular Meeting of February 2,
2021.
REGULAR AGENDA
A. CONSIDERATION OF agreement C2021-033 between the Town of Fountain Hills and
Precision Sweeping Services, LLC, for street sweeping services.
Town Council Regular Meeting of February 16, 2021 3 of 3
B. CONSIDERATION OF Authorizing the Town Manager to execute a contract for the
emergency replacement of playground equipment in Fountain Park.
C. CONSIDERATION OF modifications to the draft sign ordinance.
D. DISCUSSION WITH POSSIBLE CONSIDERATION relating to any item included in the League
of Arizona Cities and Towns' weekly Legislative Bulletin(s) or relating to any action proposed
or pending before the State Legislature.
8. 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.
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CERTIFICATE OF POSTING OF NOTICE
The undersigned hereby certifies that a copy of the foregoing notice was duly posted in accordance with the statement filed
by the Town Council with the Town Clerk.
Dated this day of 2021.
Elizabeth A. Burke, MMC, Town Clerk
The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 480-816-5199 (voice)
or 1-800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to participate in the 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.
ITEM 4. A.
Meeting Date: 02/16/2021
Agenda Type: Reports
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Type: Town Council Regular Meeting
Submitting Department: Administration
Prepared by: Angela Padgett -Espiritu, Executive Assistant to Manager, Mayor/Council
Staff Contact Information: Angela Padgett -Espiritu, Executive Assistant to Manager,
Mayor/Council
SPECIAL PUBLIC APPEARANCES/PRESENTATIONS (Agenda Language): PROCLAMATION - March
1, 2021, as COVID-19 Memorial Day
Staff Summary (Background)
Mayor Dickey will be proclaiming March 1, 2021, as COVID-19 Memorial Day.
Proclamation COVID-19 Memorial Day
Inbox
Finance Director
Reviewed By
David Pock
Town Attorney Aaron D. Arnson
Town Manager Grady E. Miller
Form Started By: Angela Padgett -Espiritu
Final Approval Date: 02/11/2021
Attachments
Form Review
Date
02/11/2021 06:08 AM
02/11/2021 07:12 AM
02/11/2021 07:51 AM
Started On: 02/10/2021 01:24 PM
T own d F ountain H ills
proclamation
COVID-19 Victims and Survivors Memorial Day Resolution
WHEREAS, the first Monday in March, has been designated as COVID-19 Victims and Survivors
Memorial Day; and
WHEREAS, COVID-19 (SARS-CoV-2) is an illness caused by a virus that can transmit from person to
person and has spread across the world, creating a global pandemic that is having catastrophic effects
on human life, our community, and our economy; and
WHEREAS, To mitigate the spread of COVID-19, observance of public health orders to social distance
and stay at home have created challenges for small businesses, workers, and schools which are
working to comply with limited resources; and
WHEREAS, School districts, teachers, students, and parents are grappling with the challenges of
distance learning and working to prevent any potential learning loss due to not being in -person; and
WHEREAS, Local and state governments, health departments, and public servants have taken bold
actions to protect residents, support struggling local economies, and find innovative ways to provide
services; and
WHEREAS, In response to rapid spread of COVID-19 and stay-at-home orders, essential workers have
stepped up to provide critical services to help protect our communities and save lives, sacrificing their
own health and safety; and
WHEREAS, COVID-19 has had a disproportionate impact on low-income communities and communities
of color, exacerbating inequities already prevalent in our systems that we must address as a nation;
and
WHEREAS, The symptoms and severity of COVID-19 can vary dramatically by individual and the long-
term health implications for survivors is largely unknown, as many survivors suffer with lingering side -
effects of the disease long after they no longer test positive; and
WHEREAS, Each life lost to COVID-19 mattered and leaves a hole in the hearts of loved ones, family
members, and surrounding community; and
WHEREAS, Public health guidance and policies targeted at prevention, such as vaccine distribution,
distancing, wearing masks in public, and staying home help mitigate the spread of COVID-19, prevent
illness, and with effective treatment lessen the burden on individuals, healthcare providers and society
NOW, THEREFORE, BE IT RESOLVED that The Town of Fountain Hills joins cities and towns across the
Country in support of the United States Conference of Mayors designation of the first Monday in March
as
"COVID-19 Memorial Day"
In remembrance of those who have lost their lives and in honor of those who continue to suffer from
the impact of this virus..
Passed on this 16th day of February 2021.
Ginny Dickey, Mayor
Attest:
Elizabeth A. Burke, Town Clerk
ITEM 6. A.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 02/16/2021 Meeting Type: Town Council Regular Meeting
Agenda Type: Consent Submitting Department: Administration
Prepared by: Elizabeth A. Burke, Town Clerk
Staff Contact Information:
Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION OF approving
the meeting minutes of the Regular Meeting of February 2, 2021.
Staff Summary (Background)
The intent of approving meeting minutes is to ensure an accurate account of the discussion and action
that took place at the meeting for archival purposes. Approved minutes are placed on the Town's
website and maintained as permanent records in compliance with state law.
Related Ordinance, Policy or Guiding Principle
N/A
Risk Analysis
N/A
Recommendations) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
Staff recommends approving the minutes of the Regular Meeting of February 2, 2021.
SUGGESTED MOTION
MOVE to approve the minutes of the Regular Meeting of February 2, 2021.
2021.0202.TCRM . Minutes
Attachments
Form Review
Inbox Reviewed By Date
Town Manager Grady E. Miller 02/04/2021 08:01 AM
Form Started By: Elizabeth A. Burke Started On: 02/04/2021 06:28 AM
Final Approval Date: 02/04/2021
TOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR MEETING
OF THE FOUNTAIN HILLS TOWN COUNCIL
FEBRUARY 2, 2021
1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE — Mayor Dickey
Mayor Dickey called the meeting of February 2, 2021, to order at 5:30 p.m.
2. MOMENT OF SILENCE
A Moment of Silence was held.
3. ROLL CALL — Mayor Dickey
Present: Mayor Ginny Dickey; Vice Mayor David Spelich (telephonically); Councilmember Mike
Scharnow; Councilmember Sharron Grzybowski; Councilmember Gerry Friedel;
Councilmember Alan Magazine (telephonically); Councilmember Peggy McMahon
(telephonically)
Staff Town Manager Grady E. Miller; Town Attorney Aaron D. Arnson; Town Clerk Elizabeth
Present: A. Burke
4. REPORTS BY MAYOR, COUNCILMEMBERS AND TOWN MANAGER
A report was given on the new Webcam at Fountain Park (below). Then Councilmember
Grzybowski reported that she attended the GPEC Board meeting and sat in on the Community
Services Master Plan, the Mayor's State of the Town, the Governor's Roundtable with the East
Valley Chamber, and the State of Innovation Virtual Summit with the Partnership for Economic
Innovation. She also sat in on both of the legislative updates from the League of Arizona Cities
and Towns. She expressed concern over the corporate tax cuts, and was eager for that
conversation later in the meeting.
Councilmember Friedel sad that he had attended the State of the Town and thanked everyone.
He attended the GPEC Health and Economy session. He noted that in Scottsdale the
bed/booze revenues will be down over 30% and there have been a lot of lost jobs in the leisure
and hotel industry.
He said that on the health side, he has been told that the one-shot vaccine should be in Arizona
by the end of February. He also attended a couple of ribbon cuttings, for Jay Schlum's new
office on Shea, and the GOALL business.
He told Public Works Director Justin Weldy that he went out and watched the people working in
Sunridge sealing the cracks and they did a nice job.
Councilmember Friedel asked if there is a possibility to have a more interactive section on the
website for residents to ask the Council questions, such as they do in Chandler and Tempe. Mr.
Miller said that they will look into other ways to do that, and they could talk more about it offline.
Town Council Regular Meeting of February 2, 2021
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Councilmember Scharnow said that he also attended the State of the Town and participated in
the Parks and Recreation Master Plan meeting. He also attended the ribbon cutting for Jay
Schlum. They also had a Valley Metro Board Meeting/study session where they reviewed the
budget.
Councilmember Magazine said that the State of the Town was excellent. He liked what they
began last year with including the department directors since they are the backbone of the
Town.
Mayor Dickey said that she participated in a video with other Mayors addressing short-term
rentals. She said that they did a hybrid State of the Town, and she thanked the sponsors. She
said that the video was well put together and thanked Bo Larson, Mike Ciccarone and Mr. Miller,
along with the department directors and public safety personnel.
She participated in the Parks Master Plan, as well as the MAG Regional Council, which focused
their efforts to address homelessness, transportation and legislation that affects local
jurisdictions. She also attended the East Valley Chamber and Phoenix East Valley Partnership
with the Governor.
A. Report on Fountain Park Webcam
Town Manager Grady Miller introduced James Smith, Economic Development Director, to give a
report on the new webcam at Fountain Park.
Mr. Smith said that he was excited to present what they are working on and would be providing
just a snapshot of where they are going. He said that it is not fully executed at this time; the
company is still building out the Town's system. They entered an agreement with Earthcam
which will provide a live camera of Fountain Park on the website. He said that their website
shows prominent landmarks and cities around the world. They rotate through their cities nd
towns, and at any given time they may feature Fountain Hills.
He said that viewers are able to go back for the past 24 hours, and that will enable someone to
view the fountain. He said that this will be on the Experience Fountain Hills and Earthcam
websites. He said that it was a total team effort, and he thanked Mike Ciccarone, Amanda and
Justin.
Mr. Miller said that once it is completely set up the user will be able to get a panoramic picture
from their mobile device and pan in or out; they will have total control. He added that it will be on
24/7.
Councilmember Grzybowski said that she was very excited and thanked everyone involved.
Town Council Regular Meeting of February 2, 2021 3 of 10
5. SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
A. PRESENTATION ON Monthly Update by Captain Larry Kratzer of the Maricopa County
Sheriffs Office.
Captain Kratzer said that due to the time frames for generating a staff report with
statistics, he was unable to do that, but would report on it next month. Tonight he wanted
to address an issue on which he has received a lot of calls --the safety corridors. It has
been about two months since the signs were erected on Saguaro and Palisades. In those
two months they have had 627 traffic stops throughout town, and 40 percent have been
within the corridors. He said that some residents believe that there has been no
enforcement. He noted that when they first discussed this they were never going to be
putting all of their resources into it, but they would do more, which they have.
He said that they are making sure that when they have enforcement, they take into
consideration all of the factors in determining whether they get a warning or a ticket. He
said that out of the 253 stops, 65 percent have been for speed; 17 percent for nonmoving
violations such as cell phone use and equipment violations; 13 percent for stop sign/red
light violations, suspended drivers licenses. He said that he is asking his deputies to
continue enforcement efforts. The deputies do have discretion, although some residents
believe they should be 100 percent tickets. Out of the stops, 70 percent have received
citations and 30 percent have received warnings.
Councilmember Magazine said that somehow they need to get the word out about how
serious they are with this. He said that many people do not have a clue as to what a
safety corridor means. Mr. Miller said that they anticipated that and worked closely with
the Fountain Hills Times and they did a story in the Insider. Councilmember Magazine
suggested that they also share with the public the number of people being cited.
Councilmember Scharnow asked what determines "criminal speeding." Captain Kratzer
said that in a residential area it is usually 20+ over the speed limit.
Mayor Dickey thanked the Captain for being so responsive. He is available and accessible
to the Council and the public. She said that she appreciated what they are all doing,
especially being on alert for months with everything else going on.
6. 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.
None
Town Council Regular Meeting of February 2, 2021
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7. CONSENT AGENDA ITEMS
All items listed on the Consent Agenda are considered to be routine, noncontroversial matters and will be
enacted by one motion 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.
MOVED BY Councilmember Mike Scharnow, SECONDED BY Councilmember Sharron
Grzybowski to approve the Consent Agenda.
Vote: 7 - 0 Passed - Unanimously
A. CONSIDERATION OF approving the meeting minutes of the Regular Meeting of January
19, 2021.
8. REGULAR AGENDA
A. PRESENTATION and PUBLIC HEARING on FY19 and FY20 Development Fee Audit
Report.
Mayor Dickey opened the Public Hearing.
Finance Director David Pock said that about a year ago they did the development fee
updates and instituted new fees. That process took about 270 days to complete. He said
that part of the Arizona Revised Statute regulations on development fees, they have to go
through an audit every two years in which the fees are reviewed to determine that they
were collected and spent correctly. He noted that this is not related to the Town's financial
audit which is done every year.
He then introduced Kevin Burnett from Willdan who attended telephonically. Mr. Burnett
said that this is a different type of audit. They are not looking at financials specifically. He
said that last year the Town did a study wherein they projected growth for the next ten
years and based on those projections they determine what additional facilities the Town
would need to construct or acquire.
He said that this determination is based on data at that time, and it is not going to be
perfect. A good example is no one could have foreseen COVID at that time and the
impact it may have to development. He said that this is an early stage of the audit. The
study is done for ten years and this is the first year since the study was done. If this was
year 9 of 10, and they were 50% lower than projections that might raise red flags.They
have no concerns with where the Town is at right now. He said that they think the
development will pick up and they will have an appropriate matching between the
development and facilities.
He said that the state statutes are explicit on what they can and cannot spend those fees
on, and they also look at that. He said that they did not spend any money on capital
infrastructure from those funds, so they are abiding by state statutes.
Mayor Dickey closed the Public Hearing.
Town Council Regular Meeting of February 2, 2021 5 of 10
B. CONSIDERATION OF Approving Professional Services Agreement C2021-032 between
the Town and Kimley Horn & Associates, Inc. for the Desert Vista crosswalk project.
Public Works Director Justin Weldy said that the Community Services Director, retired
Town Engineer and himself have looked at this issue for two years and brought it forward
as a capital project. He said that this would provide a safe pedestrian crosswalk from the
south side of Saguaro to the north for those going to and from the dog park, soccer fields,
skate park, etc.
He said that part of it will include a sidewalk on the north side of Saguaro and there will be
a hybrid flashing beacon at Tower Drive. There is a wide median that provides a safe
haven and an opportunity to rest or push a button and the lights will begin flashing. He
said that there will also be a crosswalk from Saguaro across the service road, but there
will be no flashing beacon.
He said that on the south side of Saguaro there is a relatively steep slope ad they have
some existing water meters and mature landscaping. They would like to minimize the
disturbance by installing a retaining wall of approximately 36" at some points.
Councilmember Friedel asked what the timeline was. Mr. Weldy said that if approved,
they will move forward to 90% plans and he would like to say it would be ready by middle
of May and completed by June 30.
Councilmember McMahon voiced concern with no warning lights. Mr. Weldy said that
they currently do not have advance crossing lights; that may be a necessity as the design
moves forward. He said that there will be an advance sign with a crosswalk indicating that
along with the light. He said that the service road on the north side will be marked in white
as a crosswalk, identical to what is on the Avenue of the Fountains. Also, there will be
advance warning signs.
Mr. Weldy said that the accessible route on Tower between the service road and park will
be brought up to current ADA requirements. He said that they had originally looked at
Desert Vista for the crosswalk location, but with the curvature and line of sight issues,
along with northbound right turning movements, it was challenging.
Mr. Weldy said that there will be a street light luminaire and dual strobe lights lit at night
and the sidewalk will have reflectors. They may also put in RPMs (raised pavement
markers).
Councilmember Scharnow said that the next agenda item talks about Hawk systems, and
he asked if this location could be retrofitted for a future Hawk conversion. Mr. Weldy said
that Hawk signals are appropriate in some locations. In this case, the cost to purchase
and install the flashing system is $20,000 and is consistent with other locations, such as
by Fire Station #2 and the crossing near the high school. A Hawk system is a few hundred
thousand dollars. It could be in the future, if staff was given that direction. He said that if
the town engineer was there she would say that this flashing system is the best suited for
this location.
Mayor Dickey asked if this would interfere with the paving. When they did the CIP, they
were told this would not interfere for the road plans. Mr. Weldy replied that was correct.
Mayor Dickey said that it is one part of a puzzle of making Fountain Hills more walkabout.
Town Council Regular Meeting of February 2, 2021
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Councilmember Scharnow asked if there is funding available if they get the final design
and want to move forward. Mr. Miller said that the funding for the design and construction
was part of the budget. He said that staff could bring the design back to Council before
proceeding if they would prefer.
Mr. Weldy said that he believed they budgeted $320,000 or $280,000 based on best
practices when putting this together. Based also on existing contracts that they use for flat
work and retaining walls and pavement markings, he thinks it will come in just under
$300,000.
Mayor Dickey added that they have had residents coming to the Council requesting that
they address this issue. Mr. Miller said that was corrected; within the last two years they
have had requests that families have a safe way to get to the park. Mr. Weldy added that
this sidewalk will then connect this neighborhood via Tower to Tioga, to Panorama and
they will then have an uninterrupted trail to Fountain Park and Overlook Trail.
MOVED BY Councilmember Mike Scharnow, SECONDED BY Councilmember Sharron
Grzybowski to approve Professional Services Agreement 2021-032 with Kimley Horn and
Associates, Inc. in the amount of $85,901.00
Vote: 7 - 0 Passed - Unanimously
C. PRESENTATION on the proposed Active Transportation Plan and Town Council feedback
regarding its recommendations.
Development Services Director John Wesley said that what is before them is the updated
Active Transportation Plan and staff is seeking Council input and direction. He said that it
is a vision for being a balanced community. He said that the Maricopa Council of
Governments (MAG) provided the Town with a grant to do this study. The Town hired J2
Engineering, who extensively does these types of plans. The plan will look at all active
transportation, nonvehicular items, such as sidewalks, bike paths, etc.
He said that they started the process last September with a Zoom public meeting, and
they have held two since that time. The consultant has been looking at documents, taking
input, doing surveys, etc. hoping to bring back a final report. He said that this is the time to
review the work done and provide feedback. He said that they want to confirm that these
are their priorities and ask if they are going down the right path. He was not looking for a
formal motion.
At this point Aaron Allan with Willdan reviewed a PowerPoint presentation telephonically
which addressed:
GRAPHIC SCHEDULE
Information Gathering
Inventory & Analysis
Preliminary Active Transportation Plan (Where they are at)
PUBLIC INVOLVEMENT INPUT SUMMARY
PUBLIC INVOLVEMENT INPUT SUMMARY - Walking
Town Council Regular Meeting of February 2, 2021
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Councilmember Magazine asked if this survey went to all citizens. Mr. Allan said that it
was posted on the Town's website and they received 53 responses. Mr. Miller said that it
was not designed to be a statistically -valid survey. It appeared to him that it would be
better described as stakeholder feedback. He said that it included people that have been
contacting the Town and a lot of those people participated.
Councilmember Magazine suggested that in the future they find other ways to get surveys
like this. Mr. Miller said that it would have been nice to have more people; they will strive
for that in the future. Going through the rest of the presentation, they will see that they did
receive some outstanding input from those 53 people.
Mayor Dickey said that they put it all online and she emailed it to sever groups of people.
Mr. Miller added that the newspaper got the word out as well.
PUBLIC INVOLVEMENT SUMMARY - Bicycling
PUBLIC INVOLVEMENT CONTINUES
BACKGROUND RESEARCH
PROPOSED SIDEWALK MAPPING PHASED LEGEND
PROPOSED BICYCLING MAP LEGEND
PROPOSED BICYCLE ROUTES LONG RANGE PLAN
SUGGESTED EVALUATION OF NEW BICYCLING LANE MARKINGS AT SELECTION
TOWN INTERSECTIONS
SUGGESTED EVALUATION OF NEW PEDESTRIAN SIGNALS AND SIGNAGE AT
SELECT
TOWN INTERSECTIONS
TOWN ROADWAY CLASSIFICATION NETWORK
OPPORTUNITIES - TOWN MINOR ARTERIALS
EVALUATE COST IMPACTS - MINOR ARTERIALS
OPPORTUNITIES - TOWN COLLECTORS
EVALUATE COST IMPACTS - COLLECTORS
OPPORTUNITIES - TOWN LOCAL STREET
EVALUATE COST IMPACTS - TOWN LOCAL STREET
OPPORTUNITIES - OUTSIDE OF EXISTING ROADWAY
EVALUATE COST IMPACTS - OUTSIDE OF EXISTING ROADWAY
Councilmember Scharnow said that on some of the proposals it showed them moving the
sidewalk on existing roadways, and asked how they would address the mailboxes. Mr.
Allan said that sometimes those neighborhoods have looked at community mail boxes.
Councilmember Scharnow said that to take some of the wider streets and making them
narrower and adding sidewalks makes sense to him. He sad that anything they can do to
enhance safety for bikers is a good thing.
Councilmember Grzybowski applauded the study. She said that they have great
opportunities in Town and they have some wide roads.
Councilmember Magazine said that he sees some potential political problems. Some
people do not know where their property lines are and will have a problem giving up
property for this. Mr. Miller said that some people do not realize that the right of way is
from the middle of the road into their property. He said that those are considerations they
have to look at. This is a long-term plan. As they start trying to go after grants, the Active
Town Council Regular Meeting of February 2, 2021
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Transportation Plan, along with Safe Route to School, will give them resources to
demonstrate that they are serious about this. They can apply and receive MAG funding.
He said that this is a 20 year plan to focus on. He said that they would like to take on the
low -hanging fruit and as people see improvements in other neighborhoods, they will want
to know when they can get them as well.
Councilmember Friedel said that he liked the plan. Sharing the road and the right of way is
an educational process. They have a lot of educating to do. Maybe they could have a
"share the road day, week, or month" to get people used to the idea.
Councilmember Scharnow said that they have been getting letters of complaint, especially
around the Safeway area, with pedestrians crossing the road from the condos, and he still
sees it happening.
Mayor Dickey said that she had a resident ask about the opportunity to have a bike
sharing program, but she agreed that it is more suited to be used in a more urban area.
Mr. Wesley said that they may be able to provide those, but they have come and gone.
He said that they have not been as successful, partially due to the density of users
needed for those types of programs. It may be workable in the downtown area, but he is
not sure it fits in with this study.
Councilmember Grzybowski said that she really likes that a lot of towns are going to the
"greening" of the bike lanes. In an effort of education, it does help to differentiate the bike
routes. The Town does not sign it well and it would make it obvious. She said that they
have been doing it on the east coast for six or seven years.
Mayor Dickey said that the urban trails is also a component of the study that they like. She
said that healthy cities have safe walking and biking, and all of this fits well in a big picture
way. Having a plan is the first step. She appreciated them bringing this forward to them
as it gives them a plan going forward.
Mr. Wesley said that he appreciated the comments and if they get away from the meeting
and think of something else, to please let them know as they are working on getting the
draft out within the next month. They have also been working with the consultants on the
Parks Master Plan to make sure the two are working together.
D. DISCUSSION WITH POSSIBLE DIRECTION relating to any item included in the League
of Arizona Cities and Towns' weekly Legislative Bulletin(s) or relating to any action
proposed or pending before the State Legislature.
Mr. Miller said that from this point forward, they will have this agenda item during the
Legislative session where staff will be seeking Council consideration. He said that each
Councilmember can go on the ALIS website and register individually in favor or opposition
to any of the bills. But, for the Council to register and provide input, staff will ask for
Council consensus of specific issues. He reviewed some bills seeking direction.
SB1252 - Corporate Income Tax Phase Out
He said that 36% of the Town's operating revenue comes from state shared revenues.
This bill would have a huge impact on the Town, anticipating $130,000 a year with each
year doubling. The total reduction would be about $600 million to the state and the share
for cities/towns would be about $180 million, with Fountain Hills' being around $1.2 million.
Town Council Regular Meeting of February 2, 2021
9of10
Councilmember Grzybowski said that she was totally opposed to this bill as they would be
missing out on a lot of money. Councilmember McMahon said that corporations should
pay their fair share of taxes.
Mr. Miller said that there has been a little infighting within the Legislature. The Governor
may or may not get his wish. He said that traditionally Democrats have taken the side of
cities/towns on these issues and it is a fragile Republican majority right now.
Councilmember Scharnow asked if the Governor is cutting on their side as well, like with
state services. Mr Miller said that in the past they have had the state absorb the impact on
cities and towns, but there has to be an impact on the state as well.
SB1333 - Law Enforcement Budgets
Mr. Miller said that he has not heard of any cities or towns wanting to reduce their budget,
but this bill would mean that if a budget was reduced for any reason the state could
withhold shared revenues. He said that if they had their own police department and
departments were required to reduce their budgets overall, this would allow the state to
withhold revenues. Additionally, MCSO would have to pick up and hire any of those that
lot their jobs. He said that the state is trying to tell cities and towns how to do their
budgets. There is a good possibility this could die in committee.
Councilmember Grzybowski said that it was ironic that they are trying to control the way
the cities and towns spend, and trying to reduce their revenues with the corporate tax cut.
Councilmember Magazine left the meeting at this time.
Mr. Miller said that based on the discussions, he would register opposition on both bills.
Mayor Dickey said that Representative Kavanagh has introduced a bill, HB2481, that it is
a reasonable way to deal with short term rentals and the League is working on proposed
language. Councilmembers Grzybowski and Scharnow agreed.
Mayor Dickey said that there are also bills regarding the opposition to county recorders
handling elections, and have the Secretary of State and Board of Supervisors handling
elections. She said that almost every level of government is being questioned by the
Legislature so cities are in good company. The bills address more than election issues,
such as trying to take away the Emergency Declaration power from the Governor and
allowing any legislator to challenge any action by the Corporation Commission, and taking
away their energy policy making ability.
She said that there is another bill, SB1379, regarding short term rentals, but it does not
approach the crux of the situation. The League is asking towns to oppose this bill.
Consensus was to oppose.
Town Council Regular Meeting of February 2, 2021 10 of 10
9. COUNCIL DISCUSSION/DIRECTION to the TOWN MANAGER
Item(s) listed below are related only to the propriety of (i) placing such item(s) on a future agenda for action, or (ii)
directing staff to conduct further research and report back to the Council.
Counclmember Friedel said that he has read a lot of stories about attracting businesses, and
he would like to get an update on the Town's efforts. Mr. Miller said that they are going to do
that at the upcoming Retreat.
10. ADJOURNMENT
The Regular Meeting of the Fountain Hills Town Council held February 2, 2021, adjourned at
7:28 p.m.
MOVED BY Councilmember Sharron Grzybowski, SECONDED BY Councilmember Gerry
Friedel to adjourn.
Vote: 7 - 0 Passed - Unanimously
ATTEST AND PREPARED BY:
Elizabeth A. Burke, Town Clerk
CERTIFICATION
TOWN OF FOUNTAIN HILLS
Ginny Dickey, Mayor
I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular
Meeting held by the Town Council of Fountain Hills in the Town Hall Council Chambers on the 2nd day
of February, 2021. 1 further certify that the meeting was duly called and that a quorum was present.
DATED this 16th day of February, 2021.
Elizabeth A. Burke, Town Clerk
ITEM 7. A.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 02/16/2021 Meeting Type: Town Council Regular Meeting
Agenda Type: Regular Agenda Submitting Department: Public Works
Prepared by: Jeff Pierce, Streets Superintendent
Staff Contact Information: Justin Weldy, Public Works Director
Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION OF agreement
C2021-033 between the Town of Fountain Hills and Precision Sweeping Services, LLC, for street
sweeping services.
Staff Summary (Background)
On November 18th, 2019, the City of Mesa entered into an agreement for street sweeping services with
Precision Sweeping Services, LLC. This cooperative purchasing agreement allows municipalities to take
advantage of this contract and utilize the benefits to fulfill their own street sweeping needs. With this
contract, the Town of Fountain Hills will be able to maintain the same level of sweeping services
currently provided by the Town. Annual sweeping of arterial roadways will continue on a three (3) week
rotating schedule along with residential roadways that are currently swept on an eight (8) week rotating
schedule. Additional sweeping services outlined in this agreement include emergency, accident and
storm clean-up sweeping services on an as needed basis. The initial contract is for one (1) year, $90,000
amount with the renewal option of three (3) successive one (1) year terms bringing the total cost to
$360,000 for the duration of this contract.
Related Ordinance, Policy or Guiding Principle
Under the Clean Air Act, EPA sets national air quality standards for Particulate Matter (PM10) must be
adhered to when performing street sweeping. A sweeper must be certified by South Coast Air Quality
Management District (SCAQMD) and remain compliant following guidelines set forth by the Arizona
Department of Environmental Quality.
Risk Analysis
Without street sweeping services, the Town would not be able to continue and maintain it's Best
Management Practices (BMP's). This in the long run would affect compliance with the Town's
Stormwater and Air Quality permits monitored by state and federal environmental regulatory agencies.
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
Approving C2021-033 between the Town of Fountain Hills and Precision Sweeping Services, LLC for
street sweeping services.
SUGGESTED MOTION
MOVE to approve contract C2021-033 between the Town of Fountain Hills and Precision Sweeping
Services, LLC, in the amount of $90,000.00 annually for street sweeping services.
Fiscal Impact
Fiscal Impact: $90,000
Budget Reference: 283
Funding Source: ENVAD
If Multiple Funds utilized, list here: N/A
Budgeted: if No, attach Budget Adjustment Form: YES
Attachments
Professional Services Agreement
Proposal/ Scope and Fee
Underlying Agreement
Form Review
Inbox
Reviewed By
Date
Public Works Director
Justin Weldy
02/03/2021 07:05 AM
Finance Director
Elizabeth A. Burke
02/03/2021 07:11 AM
Public Works Director
Justin Weldy
02/03/2021 07:44 AM
Finance Director
David Pock
02/03/2021 09:31 AM
Town Attorney
Aaron D. Arnson
02/03/2021 03:02 PM
Town Manager
Grady E. Miller
02/03/2021 08:20 PM
Form Started By: Jeff Pierce
Started On: 01/07/2021 07:21 AM
Final Approval Date: 02/03/2021
Contract No. 2021-033
COOPERATIVE PURCHASING AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
PRECISION SWEEPING SERVICES, LLC
THIS COOPERATIVE PURCHASING AGREEMENT (this "Agreement") is entered into
as of February 16, 2021, between the Town of Fountain Hills, an Arizona municipal corporation
(the "Town'), and Precision Sweeping Services, LLC, an Arizonaa limited liability company (the
"Contractor').
RECITALS
A. After a competitive procurement process, the City of Mesa (the "City") entered into
Agreement No. 2020011, dated November 18, 2019 (the "City Contract'), for the Contractor to
provide necessary stat services, and associated resources to provide the City with street sweeping
services. A copy of the City Contract is attached hereto as Exhibit A and incorporated herein by
reference, to the extent not inconsistent with this Agreement.
B. The Town is permitted, pursuant to Section 3-3-27 of the Town Code, to make
purchases under the City Contract, at its discretion and with the agreement of the awarded
Contractor, and the City Contract permits its cooperative use by other public entities, including the
Town.
C. The Town and the Contractor desire to enter into this Agreement for the purpose of
(i) acknowledging their cooperative contractual relationship under the City Contract and this
Agreement, (ii) establishing the terms and conditions by which the Contractor may provide
necessary staC services and associated resources to provide the City with street sweeping services
(the "Materials and Services'), and (1) setting the maximum aggregate amount to be expended
pursuant to this Agreement related to the Materials and Services.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing introduction and recitals, which
are incorporated herein by reference, the following mutual covenants and conditions, and other
good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
the Town and the Contractor hereby agree as follows:
1. Term of Agreement. This Agreement shall be effective as of the date first set forth
above and shall remain in fiM force and effect until February 15, 2022 (the "Initial Term'), unless
terminated as otherwise provided in this Agreement or the City Contract. After the expiration of
the Initial Term, this Agreement may be renewed for up to three successive one-year terms (each,
a "Renewal Term') if (i) it is deemed in the best interests of the Town, subject to availability and
appropriation of fiends for renewal in each subsequent year, (ii) the term of the City Contract has
not expired or has been extended, (iii) at least 30 days prior to the end of the then -current term of
1
this Agreement, the Contractor requests, in writing, to extend this Agreement for an additional
one-year term and (iv) the Town approves the additional one-year term in writing (including any
price adjustments approved as part of the City Contract), as evidenced by the Town Manager's
signature thereon, which approval may be withheld by the Town for any reason. The Contractor's
failure to seek a renewal of this Agreement shall cause this Agreement to terminate at the end of
the then -current term of this Agreement; provided, however, that the Town may, at its discretion
and with the agreement of the Contractor, elect to waive this requirement and renew this
Agreement. The Initial Term and any Renewal Term(s) are collectively referred to herein as the
"Term." Upon renewal, the terms and conditions of this Agreement shall remain in full force and
effect.
2. Scope of Work. Contractor shall provide to the Town the Services under the terms
and conditions of the City Contract and according to the specifications set forth in the Contractor's
Proposal attached hereto as Exhibit B and incorporated herein by reference.
2.1 Inspection; Acceptance. All Materials and Services are subject to final
inspection and acceptance by the Town. Materials failing to conform to the requirements of this
Agreement and/or the City Contract will be held at Contractor's risk and may be returned to the
Contractor. If so returned, all costs are the responsibility of the Contractor. Upon discovery of non-
conforming Materials or Services, the Town may elect to do any or all of the following by written
notice to the Contractor: (1) waive the non-conformance; (ii) stop the work immediately; or (iii)
bring Materials or Services into compliance and withhold the cost of same from any payments due
to the Contractor.
2.2 Cancellation. The Town reserves the right to cancel any work order within
a reasonable time after issuance. Should a work order be canceled, the Town agrees to reimburse
the Contractor, but only for actual and documentable costs incurred by the Contractor due to and
after issuance of the work order. The Town will not reimburse the Contractor for any costs incurred
after receipt of the Town notice of cancellation, or for lost profits, shipment of product prior to
issuance of a work order or for anything not expressly permitted pursuant to this Agreement.
3. Compensation. The Town shall pay Contractor an amount not to exceed $90,000.00
for the Materials and Services at the rates set forth in the City Contract and as more particularly
set forth in Exhibit B. The aggregate not -to -exceed amount, inclusive of all Renewal Terms, shall
not exceed $360,000.00.
4. Payments. The Town shall pay the Contractor monthly, based upon acceptance and
delivery of Materials and/or Services performed and completed to date, and upon submission and
approval of invoices. Each invoice shall (i) contain a reference to this Agreement and the City
Contract and (u) document and itemize all work completed to date. The invoice statement shall
include a record of materials delivered, time expended, and work performed in sufficient detail to
justify payment. Additionally, invoices submitted without referencing this Agreement and the City
Contract will be subject to rejection and may be returned.
5. Records and Audit Rights. To ensure that the Contractor and its subcontractors are
complying with the warranty under Section 6 below, Contractor's and its subcontractors' books,
records, correspondence, accounting procedures and practices, and any other supporting evidence
2
relating to this Agreement, including the papers of any Contractor and its subcontractors'
employees who perform any work or services pursuant to this Agreement (all of the foregoing
hereinafter referred to as "Records'), shall be open to inspection and subject to audit and/or
reproduction during normal working hours by the Town, to the extent necessary to adequately
permit evaluation of the Contractor's and its subcontractors' compliance with the Arizona
employer sanctions laws referenced in Section 6 below. To the extent necessary for the Town to
audit Records as set forth in this Section, Contractor and its subcontractors hereby waive any rights
to keep such Records confidential. For the purpose of evaluating or verifying such actual or
claimed costs or units expended, the Town shall have access to said Records, even if located at its
subcontractors' facilities, from the effective date of this Agreement for the duration of the work
and until three years after the date of final payment by the Town to Contractor pursuant to this
Agreement. Contractor and its subcontractors shall provide the Town with adequate and
appropriate workspace so that the Town can conduct audits in compliance with the provisions of
Ns Section, The Town shall give Contractor or its subcontractors reasonable advance notice of
intended audits. Contractor shall require its subcontractors to comply with the provisions of this
Section by insertion of the requirements hereof in any subcontract pursuant to this Agreement.
6. E-verify Requirements. To the extent applicable under ARiz. REv. STAT. § 41-
4401, the Contractor and its subcontractors warrant compliance with all federal immigration laws
and regulations that relate to their employees and their compliance with the E-verify requirements
under ARiz. REv. STAT. § 23-214(A). Contractor's or its subcontractors' failure to comply with
such warranty shall be deemed a material breach of this Agreement and may result in the
termination of this Agreement by the Town.
7. Israel Contractor certifies that it is not currently engaged in and agrees for the
duration of this Agreement that it will not engage in a "boycott," as that term is defined in Atuz.
REv. STAT. § 35-393, of Israel
8. Conflict of Interest. This Agreement may be canceled by the Town pursuant to
ARiz. REv. STAT. § 38-511.
9. Applicable Law; Venue. This Agreement shall be governed by the laws of the State
of Arizona and a suit pertaining to this Agreement may be brought only in courts in Maricopa
County, Arizona.
10. Agreement Subject to Appropriation. The Town is obligated only to pay its
obligations set forth in this Agreement as may lawfully be made from funds appropriated and
budgeted for that purpose during the Town's then current fiscal year. The Town's obligations
under this Agreement are current expenses subject to the "budget law" and the unfettered
legislative discretion of the Town concerning budgeted purposes and appropriation of funds.
Should the Town elect not to appropriate and budget funds to pay its Agreement obligations, this
Agreement shall be deemed terminated at the end of the then -current fiscal year term for which
such finds were appropriated and budgeted for such purpose and the Town shall be relieved of
any subsequent obligation under this Agreement. The parties agree that the Town has no obligation
or duty of good faith to budget or appropriate the payment of the Town's obligations set forth in
Us Agreement in any budget in any fiscal year other than the fiscal year in which this Agreement
is executed and delivered. The Town shall be the sole judge and authority in determining the
availability of funds for its obligations under this Agreement. The Town shall keep Contractor
3
informed as to the availability of finds for this Agreement. The obligation of the Town to make
any payment pursuant to this Agreement is not a general obligation or indebtedness of the Town.
Contractor hereby waives any and all rights to bring any claim against the Town from or relating
in any way to the Towns termination of this Agreement pursuant to this section.
11. Conflicting Terms. In the event of any inconsistency, conflict or ambiguity among
the terms of this Agreement, the City Contract, the Proposal, and invoices, the documents shall
govern in the order listed herein. Notwithstanding the foregoing, and in conformity with Section 2
above, unauthorized exceptions, conditions, limitations or provisions in conflict with the terms of
this Agreement or the City Contract (collectively, the "Unauthorized Conditions'), other than the
Town's project -specific requirements, are expressly declared void and shall be of no force and
effect. Acceptance by the Town of any work order or invoice containing any such Unauthorized
Conditions or failure to demand full compliance with the terms and conditions set forth in this
Agreement or under the City Contract shall not alter such terms and conditions or relieve
Contractor from, nor be construed or deemed a waiver of its requirements and obligations in the
performance of this Agreement.
12. Rights and Privileges. To the extent provided under the City Contract, the Town
shall be afforded all of the rights and privileges afforded to the City and shall be the "City" (as
defined in the City Contract) for the purposes of the portions of the City Contract that are
incorporated herein by reference.
13. Indemnification; Insurance. In addition to and in no way limiting the provisions set
forth in Section 12 above, the Town shall be afforded all of the insurance coverage and
indemnifications afforded to the City to the extent provided under the City Contract, and such
insurance coverage and indemnifications shall inure and apply with equal effect to the Town under
this Agreement including, but not limited to, the Contractor's obligation to provide the
indemnification and insurance. In any event, the Contractor shall indemnify, defend and hold
harmless the Town and each council member, officer, employee or agent thereof (the Town and
any such person being herein called an "Indemnified Party'), for, from and against any and all
losses, claims, damages, liabilities, costs and expenses (including, but not limited to, reasonable
attorneys' fees, court costs and the costs of appellate proceedings) to which any such Indemnified
Party may become subject, under any theory of liability whatsoever ("Claims'), insofar as such
Claims (or actions in respect thereofl relate to, arise out of or are caused by or based upon the
negligent acts, intentional misconduct, errors, mistakes or omissions, in connection with the work
or services of the Contractor, its officers, employees, agents, or any tier of subcontractor in the
performance of this Agreement.
14. Notices and Requests. Any notice or other communication required or permitted to
be given under this Agreement shall be in writing and shall be deemed to have been duly given if
(i) delivered to the party at the address set forth below, (ii) deposited in the U.S. Mail, registered
or certified, return receipt requested, to the address set forth below or (1) given to a recognized
and reputable overnight delivery service, to the address set forth below:
If to the Town: Town of Fountain Hills
16705 E. Avenue of the Fountains
Fountain Hills, Arizona. 85268
Attn: Grady E. Miller, Town Manager
E
With copy to: Pierce Coleman PLLC
4711 E. Falcon Dr., Ste. 111
Mesa, Arizona 85215
Attn: Aaron D. Arnson, Town Attorney
If to Contractor: Precision Sweeping Services, LLC
3411 W. Lincoln St.
Phoenix, Arizona 85009
Attn: Michelle Hoover
or at such other address, and to the attention of such other person or officer, as any party may
designate in writing by notice duly given pursuant to this subsection. Notices shall be deemed
received: (i) when delivered to the party, (iii) three business days after being placed in the U.S.
Mail, properly addressed, with sufficient postage or (iii) the following business day after being
given to a recognized overnight delivery service, with the person giving the notice paying all
required charges and instructing the delivery service to deliver on the following business day. If
a copy of a notice is also given to a parry's counsel or other recipient, the provisions above
governing the date on which a notice is deemed to have been received by a parry shall mean and
refer to the date on which the party, and not its counsel or other recipient to which a copy of the
notice may be sent, is deemed to have received the notice.
[SIGNATURES APPEAR ON FOLLOWING PAGES]
5
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date
and year first set forth above.
"Town"
TOWN OF FOUNTAIN HILLS,
an Arizona Municipal Corporation
Grady E. Miller, Town Manager
ATTEST:
Elizabeth A. Burke, Town Clerk
APPROVED AS TO FORM:
Aaron D. Arnson, Town Attorney
[SIGNATURES CONTINUE ON FOLLOWING PAGE]
n
"Contractor"
PRECISION SWEEPING SERVICES, LLC
an Arizona lin-ited liability company
By: _
Name:
Its:
EXIIIBIT A
TO
COOPERATIVE PURCHASING AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
PRECISION SWEEPING SERVICES, LLC
[City Contract]
See following pages.
EXHIBIT B
TO
COOPERATIVE PURCHASING AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
PRECISION SWEEPING SERVICES, LLC
[Contractor's Proposal]
See following pages.
4830-5587-9323, v. 1
.'' '4 TOWN OF
r 7 IJN-TAI HILL
Town of Fountain Hills
Street Sweeping Services
Presented by:
Precision Sweeping Services, LLC
SWEEP ING S ERV I C
. .
SWEEPING S E RV I C
Attention:
Jeff Pierce, Street Superintendent, Public Works
Town of Fountain Hills
13001 N. La Montana Drive
Fountain Hills, AZ 85268
RE: Street Sweeping Services
Precision Sweeping Services is pleased to submit its Proposal for Street Sweeping Services to
the Town of Fountain Hills. We feel confident in our abilities to provide routine sweeping
services of the Town's arterial and residential streets based on the cycles and maps provided.
Please accept our proposal, assembled in good faith and to the best of our abilities, with all
honesty and in the best interest of the Town of Fountain Hills. If there are any questions or
further clarification needed, please contact me directly anytime.
Precision Sweeping Services appreciates the opportunity to be of service and we thank you in
advance for your business.
Thank you,
Aa;�i
Michelle Hoover, Owner
Precision Sweeping Services, LLC
3411 W. Lincoln Street
Phoenix, AZ 85009
(602) 376-7337
precisionsweeping@outlook.com
www.precision-1st.com
"Be Precise... A lack of Precision is dangerous when the margin of error is small"
Mira
S WEEP ING S E R V I C
Jeff Pierce, Street Superintendent, Public Works
Town of Fountain Hills
13001 N. La Montana Drive
Fountain Hills, AZ 85268
RE: Proposal Street Sweeping Services
Town of Fountain Hills
Proposal pricing is based on information gathered at meeting between Precision Sweeping
Services' representatives and Jeff Pierce, Street Superintendent, Public Works for the Town of
Fountain Hills on December 17, 2020.
Annual Center Line Miles (CLM) — 1287.75
Maps provided: Dated 9/16/2020
Residential (8 Week Cycle) — To be performed every Wednesday
Arterial (3 Week Cycle) — To be performed every third Saturday
Price per Center Line Mile - $62.00
Annual Cost - $79,840.50
Additional sweeping services, to include, but not limited to, Emergency/Storm Clean-up and
Special Events will be billed at $85/hour, with both way travel and no minimum.
Precision Sweeping Services will be responsible for both disposal of accumulated material
swept from the streets and the placement of a water meter with EPCOR for the purpose of
controlling any dust emissions. It is also agreed that Precision Sweeping Services will notify a
Town Representative of any debris that is not considered in the scope of maintenance
sweeping i.e., debris too large for the sweeper to pick up, furniture/car accessories (hub
caps/bumpers), oversized landscaping/branches, etc. These items will not be the responsibility
of Precision Sweeping Services.
Thank you for the opportunity to be of service. We look forward to working with the
Town of Fountain Hills.
S WEEP ING S E R V I C
Precision Sweeping Key Personnel
1) Michelle Hoover, Owner
Cell Phone: (602) 376-7337
Email: precisionsweeping@outlook.com
Primary role: Handling operational needs and scheduling of operators, billing. Will also
handle any additions/removals to sweeping schedule.
2) Mike Marseguerra, Operations Manager
Cell Phone: (602) 568-7897
Email: precisionoperations@outlook.com
Primary role: Handling operational needs, interaction with operators and inspecting
streets for quality assurance.
. .
MM
SWEEPING S E R V 1 C
Summary
Precision Sweeping Services is woman owned and employs key experienced individuals with
service years ranging from 5 years to 30 years. We are committed to providing customers with
the quality they deserve. The Owner and ranking Management are hands on and possess
leadership roles with every facet of the Company, including sweeping jobs right along with their
employees. Our goal is to fully understand our customer's needs, therefore communication is a
vital part of our service. We take the time to ask questions, not only ensure that the right
sweeper is being dispatched, but also the right operator with the skill set necessary to complete
the job properly.
Collectively, Precision Sweeping Services takes pride in the quality customer service we provide
to each and every customer. Our primary business focus remains the same today and mirrors
our founding principles; Reliability, Excellence and Precise Standards. While the business itself
appears young at nearly 5 years old, our experience is not. We have roots embedded decades
deep within the industry and the precise results that far exceed expectations. There are no
compromises in quality and Precision Sweeping Services leads by this example.
Precision Sweeping's Owner and Operations Manager have the background in ensuring quality
services and have lead teams in providing similar services. Staff has experience in building a
sweeping routing system for the City of Mesa, ADOT and the entire freeway system throughout
Maricopa County, as well as working with their Traffic Operations Center (TOC) and the
Department of Public Safety (DPS). In addition to working with ADOT, management are
currently or have been accountable for contracts with the City of Mesa, Lake Havasu City, the
City of Sedona, City of Chandler, City of Holbrook, the Town of Bagdad and Coconino County.
They built a routing system to encompass City and residential sweeping, parking lots and
garages and worked closely with inspectors/contract specialists in regards to completion,
reporting and changes.
Precision Sweeping Services has worked hard at building and maintaining a working relationship
with municipalities, state agencies and construction companies, all of which comprises our
customer base. We believe in extending transparency and a full line of communication in
everything we do; this we believe prepares us for any situation and leads to success and
fulfillment on every job. Precision Sweeping Services is proud to be a service provider and
dedicated to customer service. Our staff is trained to take into consideration the needs and
expectations of each customer as each project, job and contract is different.
. .
SWEEPING S E RV I C
Michelle Hoover
Senior Staff
Precision Sweeping Services
Owner - January 2016 to Present
Primary role: Including, but not limited to:
• Overseeing all daily operations such as scheduling, estimating and dispatching jobs, as well
operating sweeping equipment as needed.
• Responsible for maintaining and completing all invoicing of jobs, internal payroll, certified
payroll through LCP Tracker, and accounts payable.
• Involved in daily job costing and profit and loss statements.
• Liable for implementing all Company policies, creating handbooks for employment as well as
safety guidelines and training.
Cactus Asphalt, A Division of Cactus Transport, Inc.
Operations Engineer, Asphalt Division — June 2015 to June 2016
Primary role:
• Provide support to Division Managers in scheduling materials, equipment and products for 13
Superintendents on a daily basis.
• Coordinated with asphalt plants, oil distributors, trucking and sweeping companies to deliver
product and or services for scheduled jobs.
• Managed heavy haul drivers in mobilizing equipment to and from each job.
• Responsible for coordinating with Shop Managers on equipment needs and repairs.
• Assisted in completing and submitting Field Logs for new Superintendents.
• Creating and distributing daily schedules to all Superintendents.
• Provided on call support to Management and Superintendents 24 hours a day, 7 days per week.
Contract Sweeping Services, Inc.
Office Manager —January 2012 to June 2015
Primary role:
• Responsible for all internal operations including management of 25 employees assigned to various
positions such as operators, office personnel and shop staff.
• Creating and maintaining daily and monthly reports for Arizona Department of Transportation
(ADOT) and the City of Mesa.
• Estimating and dispatching operators to scheduled jobs.
• Involvement in all customer relations and sales.
• Responsible for all billing for the Arizona Branch.
• Involvement in hiring, training, safety, as well as HR issues and submission of internal payroll
• Worked alongside of Senior VP of Operations on daily profit and loss reports and continuous
training efforts.
. .
SWEEPING S E RV I C
Mike Marseguerra
Senior Staff
Precision Sweeping Services
Operations Manager - January 2016 to Present
Primary role: Including, but not limited to:
• Overseeing all daily operations such as scheduling, estimating and dispatching jobs, as well
operating sweeping equipment as needed.
• Involved in daily job costing, employee time management and profit and loss statements.
• Responsible for on the job training and onsite communication with customer.
• Management of all shop staff and equipment preventative maintenance and repairs.
Cactus Asphalt, A Division of Cactus Transport, Inc.
Superintendent, Crackseal and Sealcoat Division — March 2015 to September 2016
Primary role:
• Managed crackseal and sealcoat crews in completing scheduled jobs and job cost analysis.
• Responsible for measuring, calculating and reporting quantities daily through Field Logs for
analysis.
• Knowledge with manual of Uniform Traffic Control Devices (MUTCD)
Contract Sweeping Services, Inc.
General Manager — July 2013 to March 2015
Operator —1998 to 2007
Primary role:
• Responsible for reporting directly to President and Senior VP on daily operations, logistics,
equipment, profit and loss and budget statistics.
• Overseeing management of contractual maintenance sweeping programs for the Arizona
Department of Transportation (ADOT), the City of Mesa, the City of Sedona and Coconino County.
• Involvement in hiring, training, safety, and field quality control.
• Worked in conjunction with management pertaining to job costing and employee time
management.
• Management of all shop staff and equipment preventative maintenance and repairs.
• Operated various types of sweeping equipment on routes for large scale contracts for the City
of Mesa, AZ, the City of Stockton, CA and Menlo Park, CA.
Sunstate Concrete
Foreman — 2011 to 2013
Primary role:
• Responsible for overseeing laborers, operating equipment, concrete finishing and estimating.
American Civil Engineering
Operator — 2007 - 2008
Primary role:
• Operating equipment such as loaders, shot blasters, street sweepers on the Bay Bridge and
various construction operations.
SWEEPING S E R V I �F
Personnel and Internal Training Program
Precision Sweeping Services provides internal training for its new operators and ongoing
training for seasoned employees to ensure proper knowledge of equipment, as well as what
each job requires. With our new hires, we begin with a thorough training of proper pre -trip and
post -trip inspections in our shop. New hires are walked through this process with our
inspection sheet. Here they are taught to identify components of the sweeping mechanisms,
how to properly check fluids, and any potential safety hazards. This provides a hands-on
experience prior to operating the equipment and gives knowledge for use in the field. We then
assign the new hire for a ride along, generally up to 2 weeks, where he/she is trained on various
types of jobs in different equipment. 50% is observation and discussions on the type of work
being done by the customer and the proper instruction on sweeping their project. The
remaining 50% of training is spent having the new operator work while being observed. This
gives the opportunity for questions, as well as any type of corrections.
Our continuing education involves tailgate/safety meetings and includes updates in Company
policies and/or safety structures and any changes specific to jobs or equipment. We are able to
utilize downloadable links provided through our insurance company as training material, as well
as, scheduling an OSHA liaison for face-to-face training. Topics include, but are not limited to:
• Mobile device safety
• Driver Safety
• Distracted driving
• Speeding
• Proper following distance
• Pedestrians
• Intersections
• Reduced visibility
• Post -accident reporting
• Fleet safety
• PPE / Safety First
All employees are required to attend these meetings as part of their training and continuing
education with our Company. We also give the employees the opportunity to provide feedback
on methods they may find useful and beneficial in future meetings.
S WEEP ING S E R V C
Drug -free Workplace Policy
We recognize alcohol and drug abuse to be potential health, safety and security problems. It is
expected that all employees will assist in maintaining a work environment free from the effects of
alcohol, drugs or other intoxicating substances. Compliance with this Drug -free Workplace Policy is
a condition of employment.
Employees are prohibited from the following when reporting for work, while on the job, on
Company or customer premises or surrounding areas or in any vehicle used for Company business:
o The unlawful use, possession, transportation, manufacture, sale, dispensation or other
distribution of an illegal or controlled substance or drug paraphernalia
o The unauthorized use, possession, transportation, manufacture, sale, dispensation or other
distribution of alcohol
o Being under the influence of alcohol or having a detectable amount of an illegal or
controlled substance in the blood or urine ("controlled substance" means a drug or other
substance as defined in applicable federal and state laws on drug abuse prevention)
Any employee violating these prohibitions will be subject to disciplinary action up to and including
termination.
Any employee convicted under any criminal drug statute for a violation occurring while on the job,
on Company or customer premises or in any vehicle used for Company business must notify the
Company no later than five days after such a conviction. A conviction includes any finding of guilt
or plea of no contest and/or imposition of a fine, jail sentence or other penalty.
Drug and alcohol testing will be carried out in compliance with any applicable state and federal
laws and regulations.
Disciplinary action will be taken for drug -related crimes, regardless of whether they happened
during working hours or on an employee's own time.
We recognize that employees suffering from alcohol or drug dependence can be treated. We
encourage any employee to seek professional care and counseling prior to any violation of this
policy.
NOTE: While Arizona just passed Prop 207, and rules governing recreational use are in process,
and also in recognition of the Medical Marijuana Act, per Precision Sweeping Services' Company
policy, even with possession of an MMJ card, the use of, being under the influence or possession
of Marijuana is strictly prohibited.
. .
SWEEPING S E RV I C
AVL Solution Provided by: G PS I N SI G HT•'
The system is based on devices installed inside vehicles, which then use cellular networks to
transmit data back to servers either hosted by the provider, or a third -party cloud server. Then,
the data stored in the cloud makes the information available to access from any device with an
internet connection. And the GNSS (Global Navigation Satellite System), a network of satellites
that help triangulate the location of a device, is what makes all of this possible.
Reports allow you to view and interact with quantifiable vehicle data, such as daily activity,
idling, stop times, speeding, landmark visits, and other aspects of driving efficiency. You can run
reports to view the data immediately, or you can schedule reports to be automatically
delivered via email on a regular schedule.
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mesaeaz
NOTICE OF SOLICITATION
SOLICITATION # 2020011
Publish Date: August 8, 2019
REQUEST FOR PROPOSAL FOR: STREET SWEEPING SERVICES
PROPOSAL DUE DATE AND TIME: SEPTEMBER 5, 2019 — 3:00 P.M. LOCAL ARIZONA TIME
Notice is hereby given sealed proposals will be received by the Purchasing Division, City of Mesa, Mesa City
Plaza, 20 East Main Street, Suite #400, Mesa, Arizona 85201, until the date and time cited above. Proposals
received by the correct date and time will be opened publicly and read aloud by the Purchasing Division's
Procurement Administrator (or designated representative).
Issue Request for Proposals
August 8, 2019
Pre -Proposal Conference (Optional)
August 19, 2019 — 1:00 p.m. local Arizona time
Questions due from Proposers
August 22, 2019 — 3:00 p.m. local Arizona time
City of Mesa Response to Questions
August 27, 2019
Proposal Due Date
September 5, 2019 — 3:00 p.m. local Arizona time
PRE -PROPOSAL CONFERENCE
Date and Time: August 19, 2019 @ 1:00 p.m. local Arizona time
Location: Transportation Training Room, 300 East 6th Street, Mesa AZ 85201
The conference provides interested parties an opportunity to discuss the City's needs and ask questions.
Please read the entire solicitation package and submit the proposal in accordance with the instructions. This
document (less this invitation and the instructions) and any required response documents, attachments, and
submissions will constitute the proposal. Proposal envelopes with insufficient postage will not be accepted by the
City of Mesa.
Proposals must be in the actual possession of the Purchasing Division Office at the location indicated, on or prior
to the exact date and time indicated above. Late submittals shall not be considered under any circumstances.
Questions concerning this solicitation should be directed, IN WRITING, to the following Purchasing contacts or
their designees:
Technical Questions:
Brandy Andersen, CPPB, MPA
Procurement Officer
PHONE: 480-644-6426
FAX: (480) 644-2655
brandy.andersen(c)mesaaz.gov
General or Process Questions:
Evan Karl
Procurement Specialist
PHONE: 480-644-2356
FAX: (480) 644-2655
evan.karl(a)mesaaz.gov
NOTE: THE CITY OF MESA PUBLISHES ITS SOLICITATIONS, ATTACHMENTS, AND ADDENDA ONLINE
AND THEY ARE AVAILABLE FOR VIEWING AND/OR DOWNLOADING AT THE FOLLOWING
INTERNET ADDRESS: http://www.mesaaz.gov/business/purchasing
CURRENT CONTRACTS AND RELATED INFORMATION ARE AVAILABLE FOR VIEWING AND/OR DOWNLOADING AT THE
FOLLOWING INTERNETADDRESS: htti)://apes.mesaaz.gov/l)urchasinacontracts/Search
NOTICE OF SOLICITATION
All vendors wishing to conduct business with the City are required to register and maintain all information
used for the notification of solicitation opportunities and issuance of payment in the Vendor Self Service
(VSS) system. To register and view additional vendor information, go to
http://mesaaz.gov/business/purchasing/vendor-self-service.
2020011 Page 2 of 45
TABLE OF CONTENTS
PAGE
NOTICE 1-2
TABLE OF CONTENTS 3
SECTIONS:
INSTRUCTIONS 4-11
SCOPE OF WORK 12-20
ATTACHMENTS:
ATTACHMENT A
PRICING
21
ATTACHMENT B
REQUIRED RESPONSE FORMS
22
(5 pages)
ATTACHMENT C
RESPONDENT QUESTIONNAIRE
23-24
ATTACHMENT D
STREET LISTING AND INTIAL ROUTE MAP
25
ATTACHMENT E
SPECIAL EVENT SWEEPING EXAMPLES
26
EXHIBITS:
EXHIBIT 1 DRAFT CONTRACT 27-44
EXHIBIT 2 MAILING LABEL 45
2020011 Page 3 of 45
INSTRUCTIONS
GENERAL: Please read the entire Solicitation package and all attachments before submitting a
Response. Responses must be in accordance with the provisions, specifications and instructions
set forth herein and will be accepted until the date and time the Response is due.
2. VENDOR QUESTIONS: All questions regarding the contents of this Solicitation, and Solicitation
process (including requests for ADA accommodations), must be directed solely to the Procurement
Officer or the Purchasing Administrator. Questions should be submitted in writing via letter, fax or
email. Questions received less than seven (7) calendar days prior to the due date and time for
Responses may be answered at the discretion of the City.
3. INSTRUCTIONS FOR PREPARING AND SUBMITTING RESPONSE: Respondents will have the
option to submit their responses either electronically or physically through hard copy response.
Respondents shall provide their Responses in accordance with the following form and content
requirements:
ELECTRONIC RESPONSE:
a. Responses shall be submitted through the City of Mesa's Purchasing Website at
http://www.mesaaz.gov/business/purchasing/bid-opportunities under the appropriate
solicitation opportunity. Submissions submitted elsewhere or under the wrong solicitation will
not be considered.
b. Responses must be signed by an authorized representative of Respondent with the authority
to bind Respondent to make such commitments to the City set forth in the Response.
c. Responses should be specific to the Solicitation and present details on all requested
information in a concise manner.
OR
HARD COPY RESPONSE:
Submit one (1) signed original hardcopy of all Response documents along with six (6)
copies. Do not use spiral binding or comb binding on Responses or any Response
documents. Three-ring binders are preferred for large submissions.
Submit one (1) flash drive providing all Response documents in PDF, Word, and Excel
(utilize Excel only if spreadsheets/graphs/charts are included as a part of the Response).
All Responses must be signed, sealed and addressed to the Purchasing Division and
Respondents shall address all Responses identified with a shipping address, serial
number, and title in the following manner:
City of Mesa
Mesa City Plaza - Purchasing Division
20 East Main Street, Suite 400
Mesa, Arizona 85201
RFP No. 2020011- STREET SWEEPING SERVICES
g. Responses must be signed by an authorized representative of Respondent with the authority
to bind Respondent to make such commitments to the City set forth in the Response.
h. Responses should be specific to the Solicitation and present details on all requested
information in a concise manner.
2020011 Page 4 of 45
INSTRUCTIONS
4. RESPONSE FORMAT:
Table of Contents. Identify contents by tab and page number
TAB 1 - Letter of Transmittal. A brief letter of transmittal should be submitted that includes the
following information:
1. The Respondent's understanding of the work to be performed.
2. A positive commitment to perform the service within the time period specified.
3. The names of key persons, representatives, project managers who will be the main
contacts for the City regarding this Solicitation.
TAB 2 - Qualifications. (Abilities, Experience and Expertise) The following information should
be included:
1. Astatement of Respondent's qualifications, abilities, experience and expertise in providing
the requested services.
a. A description of what qualifies Respondent, financial and otherwise, to provide the City
with these services/materials for the required period of time, including information
demonstrating Respondent has the appropriate staffing, necessary resources, and a
history of demonstrated competence.
b. An assessment of the Respondent's ability to meet and satisfy the needs of the City,
taking into consideration the requested services, additional services and expertise
offered that exceed the requirements of the Solicitation, and the Respondent's inability
to meet any of the requirements of the specifications.
c. References — A minimum of three references, preferably from other public entities
within the State of Arizona, for whom you have provided similar services. Include the
name of the entity, contact person's names, phone numbers, e-mail addresses, mailing
addresses, type of service provided, and dates the services were provided.
2. Identification of senior and technical staff of Respondent to be assigned to the City. Staff
named in the Response may not be substituted without permission of the City. Include in
the Response resumes and relevant experience.
TAB 3 - Program Description AND Method of Approach. Clearly define the services/materials
offered and Respondent's method of approach to including, but not limited, to the following
criteria:
1. Describe company's AVL solution.
2. Describe company's equipment and personnel.
3. Does Respondent's company have a dedicated staff member to conduct quality control
and inspect the services performed under this contract? Describe how Respondent's
company ensures the routes are swept to contract specifications before the City inspects
for invoice authorization.
4. Describe company's dumping and water solution.
TAB 4 -Pricing Forms. The cost portion of the Response should include the following criteria:
1. Completed Pricing (Attachment A).
2. A list of any and all additional charges not specifically listed on the Pricing Form.
TAB 5 -Other Forms. The following forms should be completed and signed:
1. Vendor Information form
2. Exceptions & Confidential Information form
3. General Questionnaire form
4. Lawful Presence Affidavit
5. Respondent Certification form (Offer and Acceptance)
6. W-9 Form. All responses should include a fully completed, current W-9 form. Failure to
include the W-9 will not disqualify your response, however the W-9 must be submitted to
the City prior to the execution of any contract pursuant to this Solicitation.
(http://www.irs.gov/pub/irs-pdf/fw9.pd )
2020011 Page 5 of 45
INSTRUCTIONS
5. RESPONSE CHECKLIST: This checklist is provided for your convenience. It is not necessary to
return a copy with your Response. Only submit the requested forms and any other requested or
descriptive literature.
❑ Response will be sent in time to be received by City before Response due date and time.
❑ Original and proper number of copies submitted
❑ Response container properly labeled
❑ Pricing, math double-checked, form completed and included (Attachment A)
❑ Required Response Forms completed and included (Attachment B)
❑ Respondent Questionnaire Form (Attachment C)
❑ W-9 Request for Taxpayer Identification Number and Certification form completed and
included (http://www.irs.gov/pub/irs-pdf/fw9.pdf)
6. ADDENDA: Any changes to the solicitation document will be in the form of an addendum.
Addenda are posted on the City website. Contractors are cautioned to check the Purchasing
Website or the Self -Service portal for addenda prior to submitting their Response. The City will not
be held responsible if a vendor fails to receive any addenda issued. The City shall not be
responsible for any oral changes to these specifications made bV any employees or officer of the
City and Contractors are cautioned not to rely on any such changes. Failure to acknowledge receipt
of an addendum may result in disqualification of a Response.
7. RESPONSE OPENING: The City will open all Responses properly and timely submitted, and will
record the names and other information specified by law and rule. No responsibility will attach to
the City of Mesa, its employees or agents for premature opening of a Response that is not properly
addressed and identified. All Responses become the property of the City and will not be returned
except in the case of a late submission. Results, as read at the public opening, will be posted on
the City website. Responses will be available to the public in accordance with the City Procurement
Rules.
8. LATE RESPONSES: The Respondent assumes responsibility for having the Response delivered
on time at the place specified. All Responses received after the Response Due date and time shall
not be considered and will be returned unopened to the Respondent. The Respondent assumes
the risk of any delay in the mail or in handling of the mail by employees of the City of Mesa, or any
private courier, regardless whether sent by mail or by means of personal delivery. Respondents
must allow adequate time to accommodate all registration and security screenings at the delivery
site; a valid photo I.D. may be required. It shall not be sufficient to show that Respondent mailed
or commenced delivery before the due date and time as the Response must be received by the
City prior to the specified date/time. All times are Mesa, Arizona local times. Respondents agree
to accept the time stamp in the City Purchasing Office as the official time.
9. RESPONSE FIRM TIME: Responses shall remain firm and unaltered after opening for 180 Days
unless the time is extended or amended as agreed upon by Respondent and the City. Examples
of where an extension or amendment may be necessary include, but are not limited to: (i) contract
negotiations with selected Respondent; (ii) submission of a Best and Final Offer by Respondent;
(iii) City needing additional time to review responses. The City may accept the Response, subject
to successful contract negotiations, at any time during this period.
10. LOBBYING PROHIBITION: Any communication regarding this Solicitation for the purpose of
influencing the process or the award, between any person or affiliates seeking an award from this
Solicitation and the City including, but not limited to, City Council, City employees, and consultants
hired to assist the City in the Solicitation, is prohibited.
This prohibition is imposed from the time of the first public notice of the Solicitation until the City
cancels the Solicitation, rejects all Responses, awards a contract, or otherwise takes action which
2020011 Page 6 of 45
INSTRUCTIONS
ends the Solicitation process. This section shall not prohibit public comment at any City Council
meeting, study session, or City Council committee meeting.
This prohibition shall not apply to Respondent -initiated communication with the contact(s) identified
in the Solicitation or City -initiated communications for the purposes of conducting the procurement
including, but not limited to, vendor conferences, clarification of Responses, presentations if
provided pursuant to the Solicitation, requests for Best and Final Responses (as set forth in the
City Procurement Rules), contract negotiations, protest/appeal resolution, or surveying non-
responsive vendors.
Violations of this provision shall be reported to the Purchasing Administrator. Persons violating this
prohibition may be subject to a warning letter or rejection of their Response depending on the
nature of the violation.
11. LAWFUL PRESENCE IN THE UNITED STATES: Arizona Revised Statutes § 1-501 and § 1-502
require all persons who will be awarded a contract (a Public Benefit as defined in 8 USC Section
1621) must demonstrate they are lawfully present in the United States. Person under the statute
is defined as a natural person and therefore excludes Limited Liability Companies, Corporations,
Partnerships, or other similar types of business entities as indicated on a W-9 form.
Individuals (natural persons) or Sole Proprietorships must complete the affidavit in the "Required
Response Forms" section of this Solicitation. Respondents that fail to provide a completed affidavit
and fail to provide the necessary documentation may be deemed non -responsive.
12. COMMENCEMENT OF WORK: If a Respondent begins any billable work prior to the City's final
approval and execution of the contract, Respondent does so at its own risk.
13. RESPONSIBILITY TO READ AND UNDERSTAND: Failure to read, examine and understand the
Solicitation and any of its addenda will not excuse any failure to comply with the requirements of
the Solicitation or any resulting contract, nor shall such failure be a basis for claiming additional
compensation. The City is not responsible for and will not pay any costs associated with the
preparation and submission of a Response. Respondents are cautioned to verify their Responses
before submission, as amendments to or withdrawal of Responses submitted after time specified
for opening of Responses may not be considered. The City will not be responsible for any
Respondent errors or omissions.
14. FORM AND CONTENT OF RESPONSES: Responses may be submitted on-line (if the option is
indicated), mailed or hand -delivered. E-mail or fax submissions will not be accepted. Unless
otherwise instructed or allowed, Responses shall be submitted on the forms provided. An original
and the designated number of copies of each Response are required. Responses, including
modifications, must be submitted in ink, typed, electronically, or printed form and signed by an
authorized representative of the Respondent. Please line through and initial rather than erase
changes. Any modifications to the Solicitation must be identified in the "Exceptions" section of the
required response forms. The City does not encourage exceptions. The City is not required to
grant exceptions and depending on the exception, the City may reject the Response as non-
responsive. The City reserves the right at its sole discretion to negotiate exceptions with a
Respondent. If the Response is not properly signed or if any changes are not initialed, it may be
considered non -responsive. In the event of a disparity between the unit price and the extended
price, the unit price shall prevail unless obviously in error, as determined by the City. The City may
require that Responses be submitted on disk, flash drive, or through electronic means. The
Response must provide all information requested and must address all points set forth in the
Solicitation.
15. SPECIFICATIONS: Technical specifications define the minimum acceptable standard. When the
specification calls for "Brand Name or Equal," the brand name product is acceptable. The use of a
brand name is for the purpose of describing the standard of quality, performance, and
characteristics desired and is not intended to limit or restrict competition. If a Respondent wishes
2020011 Page 7 of 45
INSTRUCTIONS
to provide a material or service that is not the brand name, the equivalent material or service must
meet the standard of quality of the brand name product, which is determined at the City's sole
discretion. Equivalent products will be considered upon showing the other product meets stated
specifications and is equivalent to the brand name product in terms of quality, performance and
desired characteristics. Products that are substantially equivalent to those brands designated will
qualify for consideration.
Minor differences that do not affect the suitability of the supply or service for the City's needs may
be accepted. Burden of proof that the product meets the minimum standards or is equal to the
brand name product is on the Respondent. The City reserves the right to reject Responses that
the City deems unacceptable for any reason.
16. MODIFICATION/WITHDRAWAL OF RESPONSE: Written requests to modify or withdraw a
Response received by the City prior to the scheduled opening time for Responses will be accepted
and will be corrected after the Response due date and time. No oral requests will be allowed.
Requests must be addressed and labeled in the same manner as the Response and marked as a
MODIFICATION or WITHDRAWAL of the Response. Requests for withdrawal after the Response
Due date and time will only be granted upon proof of undue hardship and may result in the forfeiture
of any Response security. Any withdrawal after the Response due date and time shall be allowed
solely at the City's discretion.
17. DEBARMENT DISCLOSURE: If the Respondent has been debarred, suspended, or otherwise
lawfully precluded from participating in any public procurement activity, including being disapproved
as a subcontractor with any federal, state, or local government or agency, or if any such preclusion
from participation from any public procurement activity is currently pending, the Respondent shall
include a letter with its Response identifying the name and address of the governmental 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. If suspension or debarment is
currently pending, a detailed description of all relevant circumstances must be provided by the
Respondent, including the details enumerated above. A Response from a Respondent who is
currently debarred, suspended or otherwise lawfully prohibited from any public procurement activity
may be rejected. Failure of a Respondent to disclose a debarment or suspension in accordance
with this Section may result in the Response being disqualified for award of the Solicitation.
18. RESERVATIONS: The City reserves the right to reject any or all Responses or any part thereof;
to re -issue the Solicitation; to reject non -responsive or non -responsible Responses; to reject
unbalanced Responses; to reject Responses where the terms, prices, or awards are conditioned
upon another event; to reject individual Responses for failure to meet any requirement; to award
by item, part or portion of an item, group of items, or total; to make multiple awards; to waive minor
irregularities, defects, omissions, informalities, technicalities or form errors in any Response; to
conduct exclusive or concurrent negotiations of any terms, conditions, or exceptions taken by a
Respondent or the terms of any agreement/document a Respondent would require the City to sign
should Respondent be awarded a contract; and to reject Responses that are outside the City's
budgeted amount for the materials or services that are the subject of the Solicitation. The City may
seek clarification of the Response from Respondent at any time, and failure to respond is cause for
rejection. Submission of a Response confers no right to an award or to a subsequent contract.
The City is charged by its Charter to make an award that is in the best interest of the City. All
decisions on compliance, evaluation, terms and conditions shall be made solely at the City's
discretion and made to favor the City. No binding contract will exist between the Respondent and
the City until the City executes a written contract or purchase order.
19. EXCEPTIONS TO A SOLICITATION: Changes to the Solicitation document requested by a
Respondent may not be acknowledged or accepted by the City. Award or execution of a contract
does not constitute acceptance of a changed term, condition or specification in the Solicitation
unless specifically acknowledged and agreed to by the City. The copy of the Solicitation, including
all addenda, maintained and published by the City shall be the official Solicitation document. Any
2020011 Page 8 of 45
INSTRUCTIONS
exception to the Solicitation must be set forth in the "Exceptions" portion of the Response; any
exceptions not indicated in the "Exceptions" portion of the Response will be deemed rejected by
the City, void and of no contractual significance. The City reserves the right to: (i) reject any or all
exceptions requested by a Respondent; (ii), determine a proposal non -responsive due to the
exception(s) made by Respondent; (iii) enter into negotiations with a Respondent regarding any of
the Respondent's exceptions; or (iv) accept any or all of a Respondent's exceptions outright.
20. COPYING OF RESPONSES: The Respondent hereby grants the City permission to copy all parts
of its Response including, without limitation, any documents and/or materials copyrighted by the
Respondent. The City's right to copy shall be for internal use in evaluating the Response.
21. CONTRACTOR ETHICS: Contractors doing business with the City shall adhere to the
Procurement Ethics Standards, Article 7 of the Procurement Rules. It is the policy of the City to
promote courtesy, fairness, impartiality, integrity, service, professionalism, economy, and
government by law in the Procurement process. The responsibility for implementing this policy rests
with each individual who participates in the Procurement process, including Respondents and
Contractors. The failure of a Respondent or Contractor to meet the ethical standards may result in
the disqualification of award under the Solicitation or the termination of a contract with the City.
To achieve the purpose of this Section, it is essential Respondents and Contractors doing business
with the City observe the ethical standards prescribed herein and in the City Charter, Code
Procurement Rules and Management Policy 200. It shall be a breach of ethical standards to:
a. Exert any effort to influence any City official, employee or agent to breach the standards of
ethical conduct.
b. Intentionally invoice any amount greater than provided in a contract or to invoice for materials
or services not provided.
c. Intentionally offer or provide sub -standard materials or services or to intentionally not comply
with any term, condition, specification or other requirement of a City contract.
22. GIFTS: The City will accept no gifts, gratuities or advertising products from Respondents or
prospective Respondents and affiliates. The City may request product samples from Respondents
solely for the purpose of product evaluation.
23. EVALUATION PROCESS: Responses will be reviewed by a screening committee comprised of
City employees and/or any agents authorized by the City to participate in the evaluation. City staff
may initiate discussions with Respondents for clarification purposes; however, a request for
clarification is not an opportunity for a Respondent to change the Response. A request for
clarification from a Respondent does not guarantee clarification will be requested from any other
Respondents. Respondents shall not initiate discussions with any City employee, agent or official
as set forth in the Lobbying section of these instructions including, but not limited to, members of
the evaluation committee.
24. PRESENTATIONS/INTERVIEWS: A Respondent must provide a formal presentation/interview
upon request of the City.
25. SHORT -LISTING: The City, at its sole discretion, may create a short-list of the highest scored
Responses based on a preliminary evaluation of the Responses against the evaluation criteria.
Only those short-listed Respondents will be invited to give presentations/interviews. Upon
conclusion of any presentations/interviews, the City will finalize the scoring against the evaluation
criteria.
26. BEST AND FINAL OFFERS: The City may request Best and Final Offers if the City deems
necessary and the City will determine the scope and subject of any Best and Final request.
Respondents should not expect the City will always ask for Best and Final Offers. Therefore, all
Respondents must submit their best offer based on the specifications, terms and conditions in the
2020011 Page 9 of 45
INSTRUCTIONS
27
Solicitation.
CRITERIA FOR EVALUATION AND AWARD:
a. The criteria that will be evaluated and their relative weights are:
Evaluation Criteria
Points
Firm's Qualifications & Experience
30
Firm's Proposed Solution / Method of Approach
50
Firm's Proposed Pricing
20
Pricing will be evaluated based on the below equation:
Lowest Proposal Cost
Proposal Cost being evaluated X Price Points Possible = Pricing Score
b. If less than three (3) Responses to a Solicitation are deemed responsive by the City, at the
City's sole discretion, the Responses may be evaluated using simple comparative analysis
instead of any announced method of evaluation, subject to meeting administrative and
responsibility requirements.
c. Each Response will be evaluated based upon responsiveness and responsibility criteria. A
failure to meet responsiveness or responsibility criteria will render a Respondent ineligible for
award of a contract under the Solicitation.
Responsiveness. The City will determine whether the Response complies with the
instructions for submitting a Response set forth in the Solicitation (i.e. the completeness of
the Response which encompasses the inclusion of all required attachments and
submissions). Responsiveness will also be examined as it pertains to items set forth in
this Solicitation that state a Respondent may be deemed non -responsive based upon the
content of their Response. The City will reject any Responses that are submitted late.
Failure to meet any requirements in the Solicitation may result in rejection of a Response
as non -responsive.
2. Responsibility. The City will determine whether a Respondent is one with whom the City
should do business. Factors the City may evaluate to determine responsibility include, but
are not limited to: an excessively high or low priced Response; past performance under
any agreement with the City; references from any source including, but not limited to, those
found outside the references listed in the Response and City employees, agents or officials
who have experience with the Respondent; compliance with applicable laws; Respondent's
record of performance and integrity (e.g. has the Respondent been delinquent or unfaithful
to any contract with the City, whether the Respondent is qualified legally to contract with
the City, financial stability and the perceived ability to perform completely as specified). A
Respondent must at all times have financial resources sufficient, in the opinion of the City,
to ensure performance of the contract and must provide proof upon request. City staff may
also use Dun & Bradstreet or any generally available industry information to evaluate the
Respondent. The City reserves the right to inspect and review Respondent's facilities,
equipment and personnel and those of any identified subcontractors. The City will
determine whether any failure to supply information, or the quality of the information, will
result in Respondent being deemed non -responsible.
d. Respondents who have a Transaction Privilege Tax license for Mesa and who, if awarded a
contract, would charge the City TPT to be paid to Mesa, will have 2.00% removed from the
taxable item(s) from the price set forth in the Response for the purpose of award evaluation.
The awarded Respondent shall however charge the full amount of tax on their invoice(s).
2020011 Page 10 of 45
INSTRUCTIONS
This consideration does not apply to:
1. Construction procurements or any other procurement done using Arizona Revised
Statutes Title 34 processes.
2. Purchases using federal or other funds where the agreement that provided the
funds precludes any local consideration or preference.
28. COST JUSTIFICATION: In the event only one Response to the Solicitation is received, the City
may require the Respondent submit a cost offer in sufficient detail for the City to perform a cost/price
analysis to determine if the Response price is fair and reasonable.
29. CONTRACT NEGOTIATIONS AND ACCEPTANCE: Respondent must be prepared for the City
to accept the Response as submitted. If Respondent fails to sign all documents necessary to
successfully execute the final contract within a reasonable time as specified, or negotiations do not
result in an acceptable agreement, the City may reject the Response or revoke the award, and may
begin negotiations with another Respondent. Final contract terms must be approved or signed by
the appropriately authorized City official(s). No binding contract will exist between the Respondent
and the City until the City executes a written contract or purchase order.
30. NOTICE OF INTENT TO AWARD: Notices of the City's intent to award a contract are posted to
the Purchasing Division's website before 6:00 PM local time at least seven (7) calendar days prior
to award.
It is the Respondent's responsibility to check the City of Mesa Purchasing website at
http://mesaaz.gov/business/purchasing to view Purchasing's Intent to Award notices. This
may be the only notification you will receive regarding the City's Intent to Award a contract related
to this Solicitation.
31. PROTESTS AND APPEALS: If a Respondent or any person believes there is a mistake,
impropriety, or defect in the Solicitation, believes the City improperly rejected its Response, or
believes the selected Response should not receive the City contract based upon a fact supported
issue with the Solicitation or selected Respondent or otherwise protests the award to the
Respondent, the Respondent may submit a written protest. All protests and appeals are governed
by the City Procurement Rules ("Procurement Rules"). The rules surrounding protests and appeals
may be found in Section 6 of the Procurement Rules which are located on the Purchasing Division
website at http://mesaaz.gov/business/purchasing. Please see the Procurement Rules for more
information on the submission of a protest and corresponding appeal rights; if there exist any
discrepancy in this Section and the Procurement Rules, the language of the Procurement Rules
will control.
ADDRESS PROTESTS TO:
Matt Bauer
Procurement Administrator
20 East Main Street, Suite 400
PO Box 1466
Mesa, Arizona 85211-1466
Fax: (480) 644-2655
Email: Matt. Bauer(c)MesaAZ.gov
ADDRESS APPEALS TO:
Edward Quedens
Chief Procurement Officer
20 East Main Street, Suite 450
PO Box 1466
Mesa, Arizona 85211-1466
Fax: (480) 644-2687
Email: Ed. Quedens(a)MesaAZ.gov
32. POLICY DOCUMENTS: The City of Mesa Charter, Code, Procurement Rules and Management
Policy 200 govern this procurement and are incorporated as a part of this Solicitation by this
reference. A copy of these documents may be found on Mesa Purchasing Division's website at
www.mesaaz.gov/business/purchasing.
2020011 Page 11 of 45
SCOPE OF WORK
This Scope of Work will be compiled into any resulting contract as Exhibit A.
INTENT: The intent is to establish a two (2) year contract for street sweeping services.
2. SCOPE OF WORK:
2.1 Routine Scheduled Sweeping: Contractor shall provide routine sweeping of arterial
(major), collector, commercial and residential streets, as indicated by the street listing
which is included in Attachment D.
Contractor will be provided with initial route map indicating the sweeping cycle located in
Attachment D. Contractor is encouraged to develop their own routing if greater efficiency
can be achieved. Any route changes proposed by Contractor must be submitted in writing
and approved by the City Representative prior to new route implementation.
Standard operating hours for routine sweeping under this agreement shall commence
Sunday evening and conclude Thursday morning. Routine sweeping operations shall not
begin prior to 6:00 p.m. and must be completed by 6:30 a.m. Contractor shall develop a
schedule within the time constraints and submit it in writing for approval by the City
Representative.
Routine scheduled sweeping is based on a rotating 4-week cycle and has no correlation to
the week of the month in which it falls. For example, if the contract begins on October 101h
2019, the week 1 sweeping would begin on October 13th, week 2 begins on October 20th,
week 3 begins on October 27th, week 4 begins on November 3rd. The cycle would begin
again with November 10th as week 1.
2.2 Special Event Sweeping: Contractor shall provide sweeping services for special events
and provide extra staff as required. Special events may include community events, races,
and holiday events. All special event sweeping must be approved by and coordinated
through the authorized City Representative. Event examples outlined in Attachment E.
City Representative will provide advanced notice and work hours may extend beyond hours
of operation for routine scheduled sweeping.
2.3 Emergency Response: Contractor shall be willing to respond to emergency callouts
requested by a City Representative. Contractor must have a twenty-four (24) hour contact
person, sweeper operator, and sweeper to respond within three (3) hours from time of call
or a time frame agreed upon by the City Representative. Incidents covered by this
obligation shall include, but not be limited to: sweeping up debris that has been deposited
on the roadway during or immediately following a storm, debris and glass due to an
accident and debris such as gravel from a lost load.
2.4 Emergency Response - Spills: Contractor shall provide immediate spill response, clean-
up, removal, transport and disposal in response to situations involving the spill or leak of
petroleum products that occur on City properties, within City rights -of -way, or on private
property as part of a City operation. Incidents covered by this obligation shall include
sweeping up spill absorbent materials that have been applied to paved (asphalt or
concrete) streets, parking lots, or access roadways after a spill has occurred. Contractor
is not responsible for applying spill absorbent materials, just for sweeping up after the
materials have been applied. Petroleum products anticipated to be included in the
absorbent materials include gasoline, diesel fuel, antifreeze, motor oils, hydraulic oil, and
any combination thereof.
a) Emergency Response Time: Contractor must have a twenty-four (24) hour contact
person, sweeper operator, and sweeper to respond within three (3) hours from
time of call or a time frame agreed upon by the City Representative. Response
2020011 Page 12 of 45
SCOPE OF WORK
shall be required 24 hours per day, 365 days per year.
b) Transportation and Disposal: Once Contractor has taken control of all materials
and shall be responsible for the transport, characterization, and proper disposal of
such material in full conformance with all applicable regulations. Contractor shall
furnish any waste characterization, shipping forms, and waste manifest to the City
demonstrating that the material has been properly disposed of.
2.5 Sealcoat Sweeping: A list of streets to be swept will be provided to the Contractor prior
to a sealcoat operation being performed. The sweeping of these areas shall be completed
per the specifications contained within this contract. This work will be on an as needed
basis. In some cases, Contractor will be requested to perform re -sweeps after these
operations have been completed. Additional sweeping will be paid at the contract unit price
per bid line item #6 on the Pricing Sheet.
Sweeping for seal coat work i.e. Slurry Seal, Acrylic Seal, Fog Seal, Crack Seal, etc. shall
require a pavement sweep of the road surface from edge to edge. Curb gutters shall not
be swept unless requested during the pavement sweep. It is critical for seal coating that
the pavement be cleaned of all debris before it can be applied.
Pavement sweeping shall include the removal of any dirt, sand, dust, leaves, branches,
packed dirt and/or any other type of debris on the pavement surface. Re -sweeps of seal
coated streets shall require sweeping and cleaning from back of sidewalk to back of
sidewalk. Manual labor may be required. Contractor shall remove all debris from all streets
on scheduled list during any scheduled sweep. Contractor shall make as many passes as
necessary to accomplish the task. This action shall include removal of spills of concrete,
rock, gravel, accident debris, etc. Items of excessive size, such as cardboard, palm fronds,
large rocks, etc., shall be physically picked up and placed in the hopper by the operator or
other Contractor personnel.
Street listings with square yardages will be scheduled and the City Representative will
provide sweeping schedules on a daily basis no later than 1:00 p.m. using the following
methods: email, fax, telephone, or picked up at City Office by Contractor.
3. DETAILED SPECIFICATIONS:
3.1 Standard of Performance: Contractor shall remove all debris within the roadway every
sweeping cycle. Contractor shall make as many passes and sweep as many lanes as
necessary to accomplish the task. No debris shall be visible on the street pavement after
sweeping is completed. Contractor is responsible to clean all debris within the roadway
either mechanically or manually. Any items in the roadway that cannot be mechanically or
manually picked up must be reported to the City Representative.
Quality control of the sweeping operation is the sole responsibility of the Contractor. An
employee dedicated to ensuring the routes have been swept satisfactorily is required. All
streets that are deemed to be swept satisfactorily are to be submitted to the City
representative for final inspection.
3.2 Additions or Deletions: The City may add or delete street segments from the street
sweeping inventory at any time. The City will give Contractor advanced notice of any
additions or deletions to the street sweeping inventory. Contractor shall honor the
contracted unit price for additional streets to be swept and payment will not be authorized
for streets that Contractor was informed to no longer sweep.
3.3 Sweeping Practices: Sweeper operators shall exercise care to prevent spilling,
scattering, spreading or dropping of debris throughout the sweeping activity. Sweeping
2020011 Page 13 of 45
SCOPE OF WORK
operations must comply with current air quality regulations and best sweeping practices.
Sweeping speed shall be adjusted to street conditions with a recommended speed of three
to twelve (3-12) miles per hour.
3.4 Sweeping Equipment: Contractor shall provide and maintain during the term of the
contract; vehicles and equipment sufficient in number, condition and capacity to
efficiently perform the work and render the services required by this contract. The City
reserves the right to inspect Contractor's equipment at any time to ascertain said
condition.
The City Representative shall have the right to stop Contractor's work immediately, if
the City Representative deems any vehicle/sweeper to be unsafe or unsatisfactory
while performing work under this contract. Work will not resume until the conditions are
corrected and Contractor receives approval from the City Representative. Contractor
is required to make corrections as soon as possible to maintain current work schedule.
Contractor must include, with their response, a list identifying all equipment to be
used in fulfilling services under this agreement. Failure to include information, may
result in the response being rejected. Contractor shall notify the City of any additions
or deletions from the equipment list during the duration of the contract.
Identification on Contractor's vehicle shall consist of (at minimum) equipment identification
number, company name, and local telephone number.
Equipment shall be in compliance with all applicable federal, state and local rules and
regulations.
Contractor is responsible for securing and storing all vehicles, materials, supplies and/or
equipment.
To meet PM-10 compliance, the sweeper fleet shall meet the requirements of the
South Coast Air Quality Management District (SCAQMD) Rule 1186.1 — Less -Polluting
Sweepers.
3.5 Holidays: The following is a list of holidays for which street sweeping services will not be
performed under this contract, unless otherwise approved by a City Representative:
New Year's Day —January 1 st
Martin Luther King Day — Third Monday in January
President's Day — Third Monday in February
Memorial Day — Last Monday in May
Independence Day —July 4t"
Labor Day— First Monday in September
Veteran's Day— November 11tn
Thanksgiving Holiday — Fourth Thursday in November
Day after Thanksgiving — Fourth Friday in November
Christmas Day - December 25tn
During the week of a holiday, Contractor shall adjust the weekly schedule so as to return
to the normal weekly schedule the following week. All such adjustments must be approved
by the City Representative. Holiday sweeping schedules must be submitted to the City
Representative ten (10) days prior to the holiday.
3.6 Weather Suspension of Work: The City of Mesa Representative reserves the right to be
the sole judge if the weather is too inclement to sweep. When adverse weather interrupts
sweeping, Contractor shall adjust the work schedule so as to return to the normal weekly
2020011 Page 14 of 45
SCOPE OF WORK
schedule as soon as possible. The City reserves the right to direct schedule changes
made necessary due to inclement weather. In the event of a rain -day, Contractor's
managing agent or designee shall obtain approval from the City of Mesa Representative
for the day's sweeping.
3.7 Traffic Control: Contractor shall be responsible for all traffic control. Traffic control shall
be included and made a part of the unit price submitted on the Pricing and Compensation
page. Contractor shall ensure protection of the work area at all times. Barricading and
other forms of temporary traffic control for work performed within the public right-of-way
must comply with the most current City of Mesa Temporary Traffic Control Manual.
Contractor is responsible to obtain a City of Mesa Temporary Traffic Control (TTC) permit
prior to commencing any work if they are to restrict access (partial or complete closures)
on public streets, sidewalks, bike lanes, alleys or other public facilities except as noted in
the City of Mesa Temporary Traffic Control Rules and Procedures. The permit authorizes
restrictions to be in place as specified on the permit but does not guarantee the requestor
exclusive rights to occupy a particular portion of the public right-of-way. Weather,
emergencies, incidents, or other projects and special events might require scheduling of
activities. The City will attempt to identify all known potential conflicts so they can be
resolved cooperatively among those involved. Contractor may call (480) 644 4TTC (4882)
or email barricade(cDmesaaz.gov with any questions.
3.8 Work Area: Contractor shall keep the work area safe for all residents, bicyclists, motorists,
and pedestrians during the assigned project. Contractor shall, upon completion of the
work, leave the public right of way/worksite in a neat and clean condition. Contractor shall
restore any damaged property to its original condition as determined by the City.
3.9 Dust Control: Contractor is responsible for all dust control during their operation and shall
be in compliance with all laws and regulations for dust control. Contractor is responsible
for obtaining a Maricopa County Dust Control permit, if required.
Contractor shall be responsible for obtaining and purchasing any water used for operation
under this contract. Contractor is responsible for obtaining all necessary permits, fittings
and water meters. Contractor must obtain City water meters and specify locations of fire
hydrants to be metered throughout the City prior to work commencement.
3.10 Construction Related Debris: Dirt and debris carried onto streets from identifiable
construction sites is not considered the responsibility of the Contractor performing work
under this contract to sweep if located within five hundred (500) feet of the construction
site. Contractor is not required to sweep the specified limits of the construction site, but
must report construction areas encountered on the routine sweeping route to the City
Representative.
3.11 Debris Disposal: Contractor shall transport and dispose of all sweepings in accordance
with all City, County, State, and Federal requirements. The City will not provide a location
for temporary storage. Temporary storage of sweeping debris is the sole responsibility of
the contractor. Contractor must submit all locations for debris storage and disposal prior
to commencement of work. Contractor shall be solely responsible for any dumping/disposal
fees and liability thereof.
3.12 Reporting: Contractor shall submit reports to the City Representative electronically or in
person. Reports required:
Daily Work Report
• Operator name and Operator ID number
• Sweeper Vehicle ID
2020011 Page 15 of 45
SCOPE OF WORK
Date and time work was performed
Route completed with centerline miles swept or special sweep request
hours worked
Contractor's managing agent is required to immediately report any and all sweeper
breakdowns or issues encountered that affected completion of scheduled
sweeping to the City Representative and details of event must be included on the
daily work report.
Monthly Debris Tonnage Reports
Contractor is required to submit all debris weigh tickets to the City Representative.
The City requires that debris swept and disposed of during routine sweeping be
measured by weight and reported on a monthly basis.
Monthly Water Usage Reports
Contractor is required to submit water meter readings to the City Representative.
A copy of the City of Mesa water bill for metered hydrants is an acceptable
alternative.
3.13 Automatic Vehicle Location System (AVLS): Contractor shall utilize a complete,
singular AVLS for the purpose of monitoring street sweeping activities performed under
this contract. All sweepers used under this contract must have a fully functioning AVLS.
Any sweeping under this contract without a functioning AVLS will be considered non-
compliant and any work performed will not be compensated. The AVLS shall be accessible
via the internet on a single secure website available to authorized City of Mesa staff, with
a login and password. The street sweeper's location must be displayed on a street map
view. The AVLS shall include and initiate broadcasting data when brooms/vacuums are
activated, water on/off and elevator up/down. Data shall be submitted at a minimum, to
include but not be limited to thirty (30) second intervals to the secure website for monitoring.
In order for the City to monitor the efficiency of the street sweeping operation, the following
information shall be provided by the AVLS:
3.13.1 Speed: The AVLS shall be able to report the vehicle speed when the street
sweeper is performing the cleaning operation. At a minimum, the speed shall be
measured in one (1) mile per hour increments.
3.13.2 Tracking: The AVLS shall capture the following, but not be limited to:
• The location of the street sweeper (preferred thirty (30) feet or less GPS
accuracy)
1/0 brooms up or down/vacuums on or off
• 1/0 water on or off
• 1/0 hopper raise for debris unloading or 1/0 mechanism for rear dumping
sweepers.
3.13.3 AVLS Reporting Capability: At a minimum, daily management reports on all street
sweepers shall be accessible by the AVLS interface to include routes cleaned,
date/time, speed and 1/0 functions. The AVLS must also have the ability to
produce a GPS path report and map.
3.14 Communication Between the Citv and Contractor:
3.14.1 Local Office: Throughout the term of this contract, Contractor shall establish and
maintain a local office with an authorized managing agent. The local office shall
be within a one (1) hour drive time from the City of Mesa.
2020011 Page 16 of 45
SCOPE OF WORK
3.14.2 City Contact: Contactor's managing agent will be the point of contact for the City's
authorized representative in all matters pertaining to change orders, invoice
authorization, schedule approvals or daily performance of this contract.
Contractor's managing agent or their approved designee shall be available at all
times during work hours to address problems and perform field inspections. The
City Representative will use email for many of its day-to-day communications with
Contractor's managing agent or their approved designee, making it mandatory that
the Contractor have mobile electronic communication capabilities.
3.15 Customer Complaints:
3.15.1 Customer Complaints Received by the City: The City will notify Contractor by
telephone and/or electronically of each complaint reported regarding the contract
sweeping operation. Reports of unsatisfactory performance shall be rectified prior
to invoice authorization.
3.15.2 Customer Complaints Received by Contractor: Contractor shall notify the City
Representative by telephone and/or electronically of each contract complaint
received. The complaint shall include detailed information regarding the issue,
date/time and location.
3.16 Contractor's Employees:
3.16.1 Identification: Contractor's employees shall be required to wear a clean uniform
bearing the Contractor's name. Employees who normally and regularly come into
direct contact with the public shall bear some means of individual identification,
such as a name tag or identification card.
3.16.2 Driver's License: At all times, employees driving the Contractor's vehicles shall
possess and carry a valid Commercial Driver's License issued by the State of
Arizona.
3.16.3 Conduct: Contractor's employees and subcontractors shall not identify themselves
as being employees of the City of Mesa. Employees shall conduct themselves in
such a manner as to avoid embarrassment to the City and shall be courteous to
the public. The City retains the right to require a particular operator be removed
from working on this contract.
3.16.4 List of Employees: Contractor shall supply the City with a current list of employees
assigned to the contract. The list must include the employee's full name, job title,
and driver's license number. The City must be notified in writing if changes in
personnel assigned to the contract occur during the contract period.
3.17 Contract Re -Award: If the contract is terminated within one (1) year of the contract award,
the City may re -award all or part of the contract to the next lowest, Responsible and
Responsive Bidder if the City believes it is in its best interest to do so. Re -award shall be
subject to City Council or City Manager or Designee's approval.
3.18 Handling of Deficiencies: If a roadway is deemed to be swept unsatisfactorily, the City
representative may allow a re -sweep of the roadway rather than deny compensation.
Deficiencies must be corrected within twenty-four (24) hours of receipt of a deficiency
notice. Failure of Contractor to do so will result in a deduction of pay for the segment of
street as listed in Attachment D.
2020011 Page 17 of 45
SCOPE OF WORK
3.19 Measurement for Payment:
3.19.1 Routine Service: This service will be measured for payment by the total number
of centerline miles (CLM) swept satisfactorily. The miles shall be calculated to the
nearest hundredth of a mile. Intersections shall not be measured in both directions
when routes cross.
Pricing will be separated into two (2) categories of streets: majors and minors. For
the purposes of street sweeping, a major street will typically be wider than forty-
eight (48) feet and have raised center medians or left turn lanes throughout its
length. A minor street will typically be less than forty-eight (48) feet in width and
should not have medians and left turn lanes throughout its length.
3.19.2 Seal Coat Sweeping: This service will be measured by the square yardage of the
actual pavement surface to be swept. Square yardage for each street segment is
provided by the City Representative prior to commencement of work.
3.19.3 Special Event Sweeping and Emergency Response: This service will be
measured by actual hours spent sweeping and will be verifiable through AVLS
reporting. Travel time to and from work sites is not compensatory and thus should
be factored into the unit bid price. Hours worked will be calculated to the nearest
one -quarter hour (15 minutes).
3.20 Payment for Service: Contractor must invoice the City electronically on a weekly basis
for the amount of services actually performed. Contractor invoices shall state the streets
swept with the corresponding units of work performed (centerline miles, square yards or
hours). The invoice must state the description of service (Routine, Special Event,
Emergency Call Out, Seal Coat, etc.), the person who requested the service, a City
provided work order number preceded with VF350 — Transportation Department".
If there are deficiencies, which were not corrected in the specified time, or units not
completed due to adverse weather conditions, those streets and/or units shall be invoiced
on the billing cycle for which they are completed. Invoices must be received by City
Representative no later than each Tuesday, 11:00 a.m. for the previous weeks sweeping.
Upon request, Contractor shall submit, along with the weekly payment requests, payroll
records of any and all employees who worked in the field on activities associated with
execution of this contract. Information submitted shall include name, title, rate of pay, total
weekly pay, hours worked each day, and indication of the total number of hours worked
during the week by each person on each distinct activity.
4. TERM: This Solicitation is for awarding a firm, fixed price purchasing contract to cover a two (2)
year term.
5. RENEWALS: On the mutual written agreement of the Parties, the Term may be renewed up to a
maximum of three (3) years. Any renewal(s) will be a continuation of the same terms and conditions
as in effect immediately prior to the expiration of the then -current term.
6. EXTENSIONS: Upon the expiration of the Term of the Agreement, including any renewals
permitted herein, at the City's sole discretion the Agreement may be extended for a maximum of
six (6) months to allow for the City's procurement processes in the selection of a vendor to provide
the services/materials under this Agreement. The City intends to notify the Contractor in writing of
its desire to extend the Agreement at least thirty (30) calendar days prior to the expiration of the
Term. Any extension will be a continuation of the same terms and conditions as in effect
immediately prior to the expiration of the then -current term.
2020011 Page 18 of 45
SCOPE OF WORK
7. PRICING:
a. Prices. All pricing shall be firm for the Term and all extensions or renewals of the Term
except where otherwise provided in this Agreement and include all costs of the Contractor
providing the materials/service including transportation, insurance and warranty costs. No
fuel surcharges will be accepted unless allowed in this Agreement. The City shall not be
invoiced at prices higher than those stated in the Agreement.
The Contractor further agrees that any reductions in the price of the materials or services
covered by this Agreement will apply to the undelivered balance. The Contractor shall
promptly notify the City of such price reductions.
No price modifications will be accepted without proper request by the Contractor and
response by the City's Purchasing Division.
Price Adjustment. Any requests for reasonable price adjustments must be submitted in
accordance with this section. Requests for adjustment in cost of labor and/or materials
must be supported by appropriate documentation. There is no guarantee the City will
accept a price adjustment therefore Contractor should be prepared for the Pricing to be
firm over the Term of the Agreement. The City is only willing to entertain price adjustments
based on an increase to Contractor's actual expenses or other reasonable adjustment in
providing the services/materials under the Agreement. If the City agrees to the adjusted
price terms, the City shall issue written approval of the change.
During the sixty (60) day period prior to Contract expiration date of the Agreement, the
Contractor may submit a written request to the City to allow an increase to the prices in an
amount not to exceed the twelve (12) month change in the Consumer Price Index for All
Urban Consumers (CPI-U), US City Average, All Items, Not Seasonally Adjusted as
published by the U.S. Department of Labor, Bureau of Labor Statistics
(http://www.bls.gov/cpi/home.htm). The City shall review the request for adjustment and
respond in writing; such response and approval shall not be unreasonably withheld.
c. Renewal and Extension Pricing. Any extension of the Agreement will be at the same
pricing as the initial Term. If the Agreement is renewed in accordance with Section 6,
pricing may be adjusted for amounts other than inflation that represent actual costs to the
Contractor based on the mutual agreement of the parties. The Contractor may submit a
request for a price adjustment along with appropriate supporting documentation
demonstrating the cost to the Contractor. Renewal prices shall be firm for the term of the
renewal period and may be adjusted thereafter as outlined in the previous section. There
is no guarantee the City will accept a price adjustment.
8. TYPES AND AMOUNTS OF INSURANCE. Insurance requirements are detailed in the Agreement
document. Contractor must obtain and retain throughout the term of the Agreement, at a minimum,
the following:
a. Worker's compensation insurance in accordance with the provisions of Arizona law. If
Contractor operates with no employees, Contractor must provide the City with written proof
Contractor has no employees. If employees are hired during the course of this Agreement,
Contractor must procure worker's compensations in accordance with Arizona law.
The Contractor shall maintain at all times during the term of this contract, a minimum
amount of $1 million per occurrence/$2 million aggregate Commercial General Liability
insurance, including Contractual Liability. For General Liability insurance, the City of Mesa,
their agents, officials, volunteers, officers, elected officials or employees shall be named
as additional insured, as evidenced by providing an additional insured endorsement.
2020011 Page 19 of 45
SCOPE OF WORK
c. Automobile liability, bodily injury and property damage with a limit of $1 million per
occurrence including owned, hired and non -owned autos.
Prior to the execution of the Contract, the Contractor shall provide the City with a Certificate of
Insurance (using appropriate ACORD certificate) SIGNED by the Issuer, applicable endorsements,
and the City reserves the right to request additional copies of any or all of the above policies,
endorsements, or notices relating thereto.
When the City requires a Certificate of Insurance to be furnished, the Contractor's insurance shall
be primary of all other sources available. When the City is a certificate holder, the Contractor
agrees that no policy shall expire, be canceled or materially changed to affect the coverage
available without advance written notice to the City.
"Waiver of Subrogation". The policies required by this agreement (or contract) shall contain a
waiver of transfer rights of recovery (subrogation) against City, its agents, representatives,
directors, elected officials, officers, employees, and volunteers for any claims arising out of the work
of Contractor."
All insurance certificates and applicable endorsements are subject to review and approval by the
City's Risk Manager.
2020011 Page 20 of 45
ATTACHMENT A
PRICING
Respondent must utilize the below document when responding to this solicitation and return the
document in an Excel format with their proposal.
Microsoft Excel
97-2003 Worksheet
2020011 Page 21 of 45
ATTACHMENT B
REQUIRED RESPONSE FORMS
in
Solicitation Required
Response Forms.doc�
2020011 Page 22 of 45
ATTACHMENT C
RESPONDENT QUESTIONNAIRE
Respondent Company Name/ DBA:
Years in business providing similar services:
Contractor's License No(s): Type:
(Submit a copy with the Response)
Number of employees at location that would serve under a contract from the Solicitation:
Provide names, contact and telephone numbers of three (3) organizations that have received similar
services from your company. At least one reference should be comparable in size to the City's proposed
contract. All references must be verifiable.
Firm/Government Agency Name:
Contact Person:
Phone:
Address:
Fax:
E-Mail Address:
$ Value of Work, Supplies/Services and Dates Provided:
Firm/Government Agency Name:
Contact Person:
Phone:
Address:
Fax:
E-Mail Address:
$ Value of Work, Supplies/Services and Dates Provided:
Firm/Government Agency Name:
Contact Person:
Phone:
Address:
Fax:
E-Mail Address:
$ Value of Work, Supplies/Services and Dates Provided:
Vehicle/ Equipment inventory which is available for a contract pursuant to the Solicitation:
2020011 Page 23 of 45
ATTACHMENT C
RESPONDENT QUESTIONNAIRE
List any additions to equipment or personnel you anticipate if awarded the contract under this Solicitation:
Subcontractors:
List subcontractors that will participate in carrying
out the obligations of any resulting contract.
Subcontractor Contact Name:
Phone:
Contractor License Type:
Type/Number:
Subcontractor Contact Name:
Phone:
Contractor License Type:
Type/Number:
List any other information which may be helpful in determining your qualifications for a potential contract:
2020011 Page 24 of 45
ATTACHMENT D
STREET LISTING AND INITIAL ROUTE MAP
141
Attachment D Street
Listing.pdf
2020011 Page 25 of 45
ATTACHMENT E
SPECIAL EVENT SWEEPING EXAMPLES
MLK Parade
January
Falcon Field Open House
March
El Tour De Mesa
April
Warped Tour
June
Arizona Celebration of Freedom Parade
July
Mesa Sprint Triathlon
October
Veteran's Day Parade
November
2020011 Page 26 of 45
EXHIBIT 1
DRAFT AGREEMENT
mesa-az
AGREEMENT PURSUANT TO SOLICITATION
CITY OF MESA AGREEMENT NUMBER 2020011
STREET SWEEPING SERVICES
CITY OF MESA, Arizona ("City"
Department Name
City of Mesa — Purchasing Divi;
Mailing Address
P.O. Box 1466
Mesa, AZ 85211-1466
Delivery Address
20 East Main St, Suite 40
Mesa, AZ 85201
Attention Brandy Andersen, CP PA
Procurement Officer IF
E-Mail brand .andersen mesaaz. o,�
Phone 480 644-6426
Fax (480) 644-2655
With a copy to: City of Mesa — Transportation
Attn: Danny Martinez, Traffic Operations Supervisor
P.O. Box 1466
Mesa, AZ 85211-1466
danny.martinez(a)mesaaz.gov
AND
COMPANY NAME,C
Mailing Address
Remit to Address
Attention
E-Mail
Phone
Fax
2020011 Page 27 of 45
EXHIBIT 1
DRAFT AGREEMENT
CITY OF MESA AGREEMENT PURSUANT TO SOLICITATION
This Agreement pursuant to solicitation ("Agreement") is entered into this _ day of
2019, by and between the City of Mesa, Arizona, an Arizona municipal corporation ("City"), and
CompanyName, a(n) State corporation/company/natural person ("Contractor"). The City and Contractor are
each a "Party" to the Agreement or together are "Parties" to the Agreement.
RECITALS
A. The City issued solicitation number 2020011 ("Solicitation") for STREET SWEEPING SERVICES, to
which Contractor provided a response ("Response"); and
B. The City Selected Contractor's Response as being in the best interest of the City and wishes to engage
Contractor in providing the services/materials described in the Solicitation and Response.
In consideration of the reciprocal promises contained in the Agreement, and for other valuable and good
consideration, which the Parties acknowledge the receipt and sufficiency of, the Parties agree to the
following Terms & Conditions.
TERMS & CONDITIONS
1. Term. This Agreement is for a term beginning on TBD and ending on TBD. The use of the word "Term"
in the Agreement includes the aforementioned period as well as any applicable extensions or renewals
in accordance with this Section 1.
1.1 Renewals. On the mutual written agreement of the Parties, the Term may be renewed up to a
maximum of three (3) years. Any renewal(s) will be a continuation of the same terms and
conditions as in effect immediately prior to the expiration of the then -current term.
1.2 Extension for Procurement Processes. Upon the expiration of the Term of this Agreement,
including any renewals permitted herein, at the City's sole discretion this Agreement may be
extended on a month -to -month basis for a maximum of six (6) months to allow for the City's
procurement processes in the selection of a vendor to provide the services/materials provided
under this Agreement. The City will notify the Contractor in writing of its intent to extend the
Agreement at least thirty (30) calendar days prior to the expiration of the Term. Any extension
under this Subsection 1.2 will be a continuation of the same terms and conditions as in effect
immediately prior to the expiration of the then -current term.
2. Scope of Work. The Contractor will provide the necessary staff, services and associated resources
to provide the City with the services, materials, and obligations attached to this Agreement as Exhibit
A ("Scope of Work") Contractor will be responsible for all costs and expenses incurred by Contractor
that are incident to the performance of the Scope of Work unless otherwise stated in Exhibit A.
Contractor will supply all equipment and instrumentalities necessary to perform the Scope of Work. If
set forth in Exhibit A, the City will provide Contractor's personnel with adequate workspace and such
other related facilities as may be required by Contractor to carry out the Scope of Work.
The Agreement is based on the Solicitation and Response which are hereby incorporated by reference
into the Agreement as if written out and included herein. In addition to the requirements specifically set
forth in the Scope of Work, the Parties acknowledge and agree that the Contractor shall perform in
accordance with all terms, conditions, specifications and other requirements set forth within the
Solicitation and Response unless modified herein.
3. Orders. Orders be placed with the Contractor by either a: (i) Purchase Order when for a one-time
purchase; (ii) Notice to Proceed, or (iii) Delivery Order off of a Master Agreement for Requirement
2020011 Page 28 of 45
EXHIBIT 1
DRAFT AGREEMENT
Contract where multiple as -needed orders will be placed with the Contractor. The City may use the
Internet to communicate with Contractor and to place orders as permitted under this Agreement
4. Document Order of Precedence. In the event of any inconsistency between the terms of the body of
the Agreement, the Exhibits, the Solicitation, and Response, the language of the documents will control
in the following order.
a. Agreement
b. Exhibits
1. Mesa Standard Terms & Conditions
2. Scope of Work
3. Other Exhibits not listed above
c. Solicitation including any addenda
d. Contractor Response
5. Payment.
5.1 General. Subject to the provisions of the Agreement, the City will pay Contractor the sum(s)
described in Exhibit B ("Pricing") in consideration of Contractor's performance of the Scope of
Work during the Term.
5.2 Prices. All pricing shall be firm for the Term and all extensions or renewals of the Term except
where otherwise provided in this Agreement, and include all costs of the Contractor providing
the materials/service including transportation, insurance and warranty costs. No fuel
surcharges will be accepted unless allowed in this Agreement. The City shall not be invoiced
at prices higher than those stated in the Agreement.
The Contractor further agrees that any reductions in the price of the materials or services
covered by this Agreement will apply to the undelivered balance. The Contractor shall promptly
notify the City of such price reductions.
No price modifications will be accepted without proper request by the Contractor and response
by the City's Purchasing Division.
5.3 Price Adjustment. Any requests for reasonable price adjustments must be submitted in
accordance with this Section 5.3. Requests for adjustment in cost of labor and/or materials
must be supported by appropriate documentation. There is no guarantee the City will accept
a price adjustment therefore Contractor should be prepared for the Pricing to be firm over the
Term of the Agreement. The City is only willing to entertain price adjustments based on an
increase to Contractor's actual expenses or other reasonable adjustment in providing the
services/materials under the Agreement. If the City agrees to the adjusted price terms, the City
shall issue written approval of the change.
During the sixty (60) day period prior to Contract expiration date of the Agreement, the
Contractor may submit a written request to the City to allow an increase to the prices in an
amount not to exceed the twelve (12) month change in the Consumer Price Index for All
Urban Consumers (CPI-U), US City Average, All Items, Not Seasonally Adjusted as published
by the U.S. Department of Labor, Bureau of Labor Statistics (http://www.bls.gov/cpi/home.htm).
The City shall review the request for adjustment and respond in writing; such response and
approval shall not be unreasonably withheld.
5.4 Renewal and Extension Pricing. Any extension of the Agreement will be at the same pricing
as the initial Term. If the Agreement is renewed in accordance with Section 1, pricing may be
adjusted for amounts other than inflation that represent actual costs to the Contractor based
on the mutual agreement of the parties. The Contractor may submit a request for a price
2020011 Page 29 of 45
EXHIBIT 1
DRAFT AGREEMENT
adjustment along with appropriate supporting documentation demonstrating the cost to the
Contractor. Renewal prices shall be firm for the term of the renewal period and may be adjusted
thereafter as outlined in the previous section. There is no guarantee the City will accept a price
adjustment.
5.5 Invoices. Payment will be made to Contractor following the City's receipt of a properly
completed invoice. No terms set forth in any invoice, purchase order or similar document
issued by Contractor will be deemed accepted by the City; the terms of the contractual
relationship between the Parties are as set forth in this Agreement. Any issues regarding billing
or invoicing must be directed to the City Department/Division requesting the service or material
from the Contractor. A properly completed invoice should contain, at a minimum, all of the
following:
a. Contractor name, address, and contact information;
b. City billing information;
c. City contract number as listed on the first page of the Agreement;
d. Invoice number and date;
e. Payment terms;
f. Date of service or delivery;
g. Description of materials or services provided;
h. If materials provided, the quantity delivered and pricing of each unit;
i. Applicable Taxes
j. If applicable, mileage or travel costs; and
k. Total amount due.
5.6 Payment of Funds. Contractor acknowledges the City may, at its option and where available
use a Procurement Card/e-Payables to make payment for orders under the Agreement.
Otherwise; payment will be through a traditional method of a check or Electronic Funds
Transfer (EFT) as available.
5.7 Disallowed Costs, Overpayment. If at any time the City determines that a cost for which
payment was made to Contractor is a disallowed cost, such as an overpayment or a charge for
materials/service not in accordance with the Agreement, the City will notify Contractor in writing
of the disallowance; such notice will state the means of correction which may be, but is not
limited to, adjustment of any future claim/invoice submitted by Contractor in the amount of the
disallowance, or to require repayment of the disallowed amount by Contractor. Contractor will
be provided with the opportunity to respond to the notice.
6. Insurance.
6.1 Contractor must obtain and maintain at its expense throughout the term of Contractor's
agreement, at a minimum, the types and amounts of insurance set forth in this Section 6 from
insurance companies authorized to do business in the State of Arizona; the insurance must
cover the materials/service to be provided by Contractor under the Agreement. For any
insurance required under the Agreement, Contractor will name the City of Mesa, its agents,
representatives, officials, volunteers, officers, elected officials, and employees as additional
insured, as evidenced by providing either an additional insured endorsement or proper
insurance policy excerpts.
6.2 Nothing in this Section 6 limits Contractor's responsibility to the City. The insurance
requirements herein are minimum requirements for the Agreement and in no way limit any
indemnity promise(s) contained in the Agreement.
6.3 The City does not warrant the minimum limits contained herein are sufficient to protect
Contractor and subcontractor(s) from liabilities that might arise out of performance under the
2020011 Page 30 of 45
EXHIBIT 1
DRAFT AGREEMENT
Agreement by Contractor, its agents, representatives, employees, or subcontractor(s).
Contractor is encouraged to purchase additional insurance as Contractor determines may be
necessary.
6.4 Each insurance policy required under the Agreement must be in effect at or prior to the
execution of the Agreement and remain in effect for the term of the Agreement.
6.5 Prior to the execution of the Agreement, Contractor will provide the City with a Certificate of
Insurance (using an appropriate "ACORD" or equivalent certificate) signed by the issuer with
applicable endorsements. The City reserves the right to request additional copies of any or all
of the policies, endorsements, or notices relating thereto required under the Agreement.
6.6 When the City requires a Certificate of Insurance to be furnished, Contractor's insurance is
primary of all other sources available. When the City is a certificate holder and/or an additional
insured, Contractor agrees no policy will expire, be canceled, or be materially changed to affect
the coverage available without advance written notice to the City.
6.7 The policies required by the Agreement must contain a waiver of transfer rights of recovery
(waiver of subrogation) against the City, its agents, representatives, officials, volunteers,
officers, elected officials, and employees for any claims arising out of the work of Contractor.
6.8 All insurance certificates and applicable endorsements are subject to review and approval by
the City's Risk Management Division.
6.9 Types and Amounts of Insurance. Contractor must obtain and retain throughout the term of
the Agreement, at a minimum, the following:
6.9.1 Worker's compensation insurance in accordance with the provisions of Arizona
law. If Contractor operates with no employees, Contractor must provide the City
with written proof Contractor has no employees. If employees are hired during the
course of this Agreement, Contractor must procure worker's compensations in
accordance with Arizona law.
6.9.2 The Contractor shall maintain at all times during the term of this contract, a
minimum amount of $1 million per occurrence/$2 million aggregate Commercial
General Liability insurance, including Contractual Liability. For General Liability
insurance, the City of Mesa, their agents, officials, volunteers, officers, elected
officials or employees shall be named as additional insured, as evidenced by
providing an additional insured endorsement.
6.9.3 Automobile liability, bodily injury and property damage with a limit of $1 million per
occurrence including owned, hired and non -owned autos.
7. Requirements Contract. Contractor acknowledges and agrees the Agreement is a requirements
contract; the Agreement does not guarantee any purchases will be made (minimum or maximum).
Orders will only be placed when the City identifies a need and issues a purchase order or a written
notice to proceed. The City reserves the right to cancel purchase orders or a notice to proceed
within a reasonable period of time of issuance; any such cancellation will be in writing. Should a
purchase order or notice to proceed be canceled, the City agrees to reimburse Contractor for any
actual and documented costs incurred by Contractor. The City will not reimburse Contractor for
any avoidable costs incurred after receipt of cancellation including, but not limited to, lost profits,
shipment of product, or performance of services.
2020011 Page 31 of 45
EXHIBIT 1
DRAFT AGREEMENT
8. Notices. All notices to be given pursuant to the Agreement will be delivered to the Contractor as
listed on Page 1 of this Agreement. Notice will be delivered pursuant to the requirements set forth
the Mesa Standard Terms and Conditions that is attached to the Agreement as Exhibit C.
9. Representations of Contractor. To the best of Contractor's knowledge, Contractor agrees that:
a. Contractor has no obligations, legal or otherwise, inconsistent with the terms of the Agreement
or with Contractor's undertaking of the relationship with the City;
b. Performance of the services called for by the Agreement do not and will not violate any
applicable law, rule, regulation, or any proprietary or other right of any third party;
c. Contractor will not use in the performance of Contractor's responsibilities under the Agreement
any proprietary information or trade secret of a former employer of its employees (other than
City, if applicable); and
d. Contractor has not entered into and will not enter into any agreement, whether oral or written,
in conflict with the Agreement.
10. Mesa Standard Terms and Conditions. Exhibit C to the Agreement is the Mesa Standard Terms
and Conditions as modified by the Parties, which are incorporated by reference into the Agreement
as though fully set forth herein. In the event of any inconsistency between the terms of the
Agreement and the Mesa Standard Terms and Conditions, the language of the Agreement will
control. The Parties or a Party are referred to as a "party" or "parties" in the Mesa Standard Terms
and Conditions. The Term is referred to as the "term" in the Mesa Standard Terms and Conditions.
11. Counterparts and Facsimile or Electronic Signatures. This Agreement may be executed in two
(2) or more counterparts, each of which will be deemed an original and all of which, taken together,
will constitute one agreement. A facsimile or other electronically delivered signature to the
Agreement will be deemed an original and binding upon the Party against whom enforcement is
sought.
12. Incorporation of Recitals and Exhibits. All Recitals and Exhibits to the Agreement are hereby
incorporated by reference into the Agreement as if written out and included herein. In the event of
any inconsistency between the terms of the body of the Agreement and the Exhibits, the language
of the Agreement will control.
Exhibits to this Agreement are the following:
• (A) Scope of Work / Technical Specifications
• (B) Pricing
• (C) Mesa Standard Terms and Conditions
• (D) Other
13. Attorneys' Fees. The prevailing Party in any litigation arising out of the Agreement will be entitled
to the recovery of its reasonable attorney's fees, court costs, and other litigation related costs and
fees from the other Party.
14. Additional Acts. The Parties agree to execute promptly such other documents and to perform
such other acts as may be reasonably necessary to carry out the purpose and intent of the
Agreement.
15. Headings. The headings of the Agreement are for reference only and will not limit or define the
meaning of any provision of the Agreement.
2020011 Page 32 of 45
EXHIBIT 1
DRAFT AGREEMENT
By executing below, each Party acknowledges that it understands, approves, and accepts all of the terms
of the Agreement and the attached exhibits.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written.
CITY OF MESA, ARIZONA CONTRACTOR NAME
By:
Printed Name
Title
Date
REVIEWED BY:
By:
Brandy Andersen, CPPB, MPA
Procurement Officer
By:
Printed Name
Title
Date
2020011 Page 33 of 45
EXHIBIT 1
DRAFT AGREEMENT
EXHIBIT A
SCOPE OF WORK
The Scope of Work / Technical Specifications and Vendor Response will be added here when Agreement
is finalized.
2020011 Page 34 of 45
EXHIBIT 1
DRAFT AGREEMENT
EXHIBIT B
PRICING
Attachment A Pricing will be added here when Agreement is finalized.
2020011 Page 35 of 45
EXHIBIT 1
DRAFT AGREEMENT
EXHIBIT C
MESA STANDARD TERMS AND CONDITIONS
INDEPENDENT CONTRACTOR. It is expressly understood that the relationship of Contractor to
the City will be that of an independent contractor. Contractor and all persons employed by
Contractor, either directly or indirectly, are Contractor's employees, not City employees.
Accordingly, Contractor and Contractor's employees are not entitled to any benefits provided to
City employees including, but not limited to, health benefits, enrollment in a retirement system, paid
time off or other rights afforded City employees. Contractor employees will not be regarded as City
employees or agents for any purpose, including the payment of unemployment or workers'
compensation. If any Contractor employees or subcontractors assert a claim for wages or other
employment benefits against the City, Contractor will defend, indemnify and hold harmless the City
from all such claims.
2. SUBCONTRACTING. Contractor may not subcontract work under this Agreement without the
express written permission of the City. If Contractor has received authorization to subcontract work,
it is agreed that all subcontractors performing work under the Agreement must comply with its
provisions. Further, all agreements between Contractor and its subcontractors must provide that
the terms and conditions of this Agreement be incorporated therein.
3. ASSIGNMENT. This Agreement may not be assigned, either in whole or in part, without first
receiving the City's written consent. Any attempted assignment, either in whole or in part, without
such consent will be null and void and in such event the City will have the right, at its option, to
terminate the Agreement. No granting of consent to any assignment will relieve Contractor from
any of its obligations and liabilities under the Agreement.
4. SUCCESSORS AND ASSIGNS, BINDING EFFECT. This Agreement will be binding upon and
inure to the benefit of the parties and their respective permitted successors and assigns.
5. NO THIRD -PARTY BENEFICIARIES. This Agreement is intended for the exclusive benefit of the
parties. Nothing set forth in this Agreement is intended to create, or will create, any benefits, rights,
or responsibilities in any third parties.
6. NON -EXCLUSIVITY. The City, in its sole discretion, reserves the right to request the materials or
services set forth herein from other sources when deemed necessary and appropriate. No
exclusive rights are encompassed through this Agreement.
7. AMENDMENTS. There will be no oral changes to this Agreement. This Agreement can only be
modified in a writing signed by both parties. No charge for extra work or material will be allowed
unless approved in writing, in advance, by the City and Contractor.
8. TIME OF THE ESSENCE. Time is of the essence to the performance of the parties' obligations
under this Agreement.
9. COMPLIANCE WITH APPLICABLE LAWS.
General. Contractor must procure all permits/licenses and pay all charges and fees necessary
and incidental to the lawful conduct of business. Contractor must stay fully informed of existing
and future federal, state, and local laws, ordinances, and regulations that in any manner affect
the fulfillment of this Agreement and must comply with the same at its own expense. Contractor
bears full responsibility for training, safety, and providing necessary equipment for all
Contractor personnel to achieve compliance throughout the term of the Agreement. Upon
request, Contractor will demonstrate to the City's satisfaction any programs, procedures, and
other activities used to ensure compliance.
b. Drug -Free Workplace. Contractor is hereby advised that the City has adopted a policy
establishing a drug -free workplace for itself and those doing business with the City to ensure
the safety and health of all persons working on City contracts and projects. Contractor will
require a drug -free workplace for all Contractor personnel working under this Agreement.
Specifically, all Contractor personnel who are working under this Agreement must be notified
2020011 Page 36 of 45
EXHIBIT 1
DRAFT AGREEMENT
in writing by Contractor that they are prohibited from the manufacture, distribution,
dispensation, possession, or unlawful use of a controlled substance in the workplace.
Contractor agrees to prohibit the use of intoxicating substances by all Contractor personnel
and will ensure that Contractor personnel do not use or possess illegal drugs while in the course
of performing their duties.
c. Federal and State Immigration Laws. Contractor agrees to comply with the Immigration
Reform and Control Act of 1986 (IRCA) in performance under this Agreement and to permit the
City and its agents to inspect applicable personnel records to verify such compliance as
permitted by law. Contractor will ensure and keep appropriate records to demonstrate that all
Contractor personnel have a legal right to live and work in the United States.
i. As applicable to Contractor, under the provisions of A.R.S. § 41-4401, Contractor hereby
warrants to the City that Contractor and each of its subcontractors will comply with, and
are contractually obligated to comply with, all federal immigration laws and regulations that
relate to their employees and A.R.S. § 23-214(A) (hereinafter collectively the "Contractor
Immigration Warranty").
ii. A breach of the Contractor Immigration Warranty will constitute a material breach of this
Agreement and will subject Contractor to penalties up to and including termination of this
Agreement at the sole discretion of the City.
iii. To ensure Contractor and its subcontractors are complying with the Contractor Immigration
Warranty, the City retains the legal right to conduct random verification of the employment
records of any Contractor or subcontractor employee who works on this Agreement,
including the inspection of the papers of such employees. Contractor agrees to assist the
City in regard to any random verification performed.
v. Neither Contractor nor any subcontractor will be deemed to have materially breached the
Contractor Immigration Warranty if Contractor or subcontractor establishes that it has
complied with the employment verification provisions prescribed by Sections 274a and
274b of the Federal Immigration and Nationality Act and the E-Verify requirements
prescribed by A.R.S. § 23-214(A).
Nondiscrimination. Contractor understands and acknowledges that it is the policy of the City
of Mesa to promote non-discrimination. As such, Contractor represents and warrants that it
does not discriminate against any employee or applicant for employment or person to whom it
provides services because of race, color, national origin, age, disability, religion, sex, sexual
orientation, gender identity and expression, veterans' status, marital status, or genetic
information, and represents and warrants that it complies with all applicable federal, state, and
local laws and executive orders regarding employment. In performance under this Agreement,
Contractor and Contractor's personnel will comply with applicable provisions of the following
laws (as amended): Title VII of the U.S. Civil Rights Act of 1964, Section 504 of the Federal
Rehabilitation Act, the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.), and any
other applicable non-discrimination laws and rules.
e. State Sponsors of Terrorism Prohibition. Per A.R.S. § 35-392, Contractor must not be in
violation of section 60) of the Federal Export Administration Act and subsequently prohibited
by the State of Arizona from selling goods or services to the City.
f. Israel Boycott Divestments. In accordance with the requirements of A.R.S. § 35-393.01, if
the Agreement requires Contractor to acquire or dispose of services, supplies, information
technology or construction with a value of $100,000 or more, then, by entering into this
Agreement, Contractor certifies that it is not currently engaged in, and agrees for the duration
of the Agreement to not engage in, a boycott of goods and services from Israel.
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10. SALES/USE TAX, OTHER TAXES.
Contractor is responsible for the payment of all taxes including federal, state, and local taxes
related to or arising out of Contractor's services under this Agreement including, by way of
illustration but not limitation, federal and state income tax, Social Security tax, unemployment
insurance taxes, and any other taxes or business license fees, as required. If any taxing
authority should deem Contractor or Contractor employees an employee of the City, or should
otherwise claim the City is liable for the payment of taxes that are Contractor's responsibility
under this Agreement, then Contractor will indemnify the City for any tax liability, interest, and
penalties imposed upon the City.
The City is exempt from paying certain federal excise taxes and will furnish an exemption
certificate upon request. The City is not exempt from state and local sales/use taxes.
11. AMOUNTS DUE THE CITY. Contractor must be current and remain current in all obligations,
whether or not related to the Agreement, due to the City during the performance of services under
the Agreement. Payments to Contractor may be offset by any delinquent amounts due the City or
fees and charges owed to the City.
12. PUBLIC RECORDS. Contractor acknowledges that the City is a public body, subject to Arizona's
public records laws (A.R.S. § 39-121 et seq.) and any documents related to this Agreement may
be subject to disclosure pursuant to state law in response to a public records request or to
subpoena or other judicial process.
a. If Contractor believes documents related to the Agreement contain trade secrets or other
proprietary data, Contractor must have notified the City pursuant to Mesa Procurement Rules
Section 2.1 or notified the City with a notification statement specifically identifying the trade
secrets or other proprietary data that Contractor believes should remain confidential.
In the event the City determines it is legally required to disclose pursuant to law any documents
or information Contractor deems confidential trade secrets or proprietary data, the City, to the
extent possible, will provide Contractor with prompt written notice by certified mail, fax, email
or other method that tracks delivery status of the requirement to disclose the information so
Contractor may seek a protective order from a court having jurisdiction over the matter or obtain
other appropriate remedies. The notice will include a time period for Contractor to seek court
ordered protection or other legal remedies as deemed appropriate by Contractor. If Contractor
does not obtain such court ordered protection by the expiration of said time period, the City
may release the information without further notice to Contractor.
13. AUDITS AND RECORDS. Contractor must preserve the records related to this Agreement for six
(6) years after completion of the Agreement. The City or its authorized agent reserves the right to
inspect any records related to the performance of work specified herein. In addition, the City may
inspect all payroll, billing or other relevant records kept by Contractor in relation to the Agreement.
Contractor will permit such inspections and audits during normal business hours and upon
reasonable notice by the City. The audit of records may occur at Contractor's place of business or
at City offices, as determined by the City.
14. BACKGROUND CHECK. In accordance with the City's current background check policies, the
City may conduct criminal, driver history, and all other requested background checks of Contractor
personnel who would perform services under the Agreement who will have access to the City's
information, data, or facilities. Any officer, employee, or agent that fails the background check must
be replaced immediately for any reasonable cause not prohibited by law.
15. SECURITY CLEARANCE AND REMOVAL OF CONTRACTOR PERSONNEL. The City will
have final authority, based on security reasons: (i) to determine when security clearance of
Contractor personnel is required; (ii) to determine the nature of the security clearance, up to and
including fingerprinting Contractor personnel; and (iii) to determine whether any individual or entity
may provide services under this Agreement. If the City objects to any Contractor personnel for any
2020011 Page 38 of 45
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DRAFT AGREEMENT
reasonable cause not prohibited by law, then Contractor will, upon notice from the City, remove
any such individual from performance of services under this Agreement.
16. DEFAULT.
a. A party will be in default of the Agreement if that party:
i. Is or becomes insolvent or is a party to any voluntary bankruptcy or receivership
proceeding, makes an assignment for a creditor, or there is any similar action that affects
Contractor's capability to perform under the Agreement;
ii. Is the subject of a petition for involuntary bankruptcy not removed within sixty (60) calendar
days;
iii. Conducts business in an unethical manner as set forth in the City Procurement Rules
Article 7 or in an illegal manner; or
iv. Fails to carry out any term, promise, or condition of the Agreement.
b. Contractor will be in default of this Agreement if Contractor is debarred from participating in
City procurements and solicitations in accordance with Article 6 of the City's Procurement
Rules.
c. Notice and Opportunity to Cure. In the event a party is in default then the other party will
provide written notice to the defaulting party of the default. The defaulting party will have thirty
(30) days from receipt of the notice to cure the default, unless the default is of a nature that it
is reasonably anticipated to affect the health, safety or welfare of the public and, in such an
event, the non -defaulting party may require a minimum seven (7) days to cure the default from
the date of receipt of the notice; the cure period may be extended by mutual agreement of the
parties, but no cure period may exceed ninety (90) days. A default notice will be deemed to be
sufficient if it is reasonably calculated to provide notice of the nature and extent of such default.
Failure of the non -defaulting party to provide notice of the default does not waive any rights
under the Agreement. Failure of the defaulting party to cure the default will entitle the non -
defaulting party to the election of remedies specific to the party as set forth in section 17 below.
d. Anticipatory Repudiation. Whenever the City in good faith has reason to question
Contractor's intent or ability to perform, the City may demand that Contractor give a written
assurance of its intent and ability to perform. In the event demand is made and no written
assurance is given within ten (10) calendar days, the City may treat this failure as an
anticipatory repudiation of the Agreement entitling the City to terminate the Agreement in
accordance with section 17(a) below.
17. REMEDIES. The remedies set forth in this Agreement are not exclusive. Election of one remedy
will not preclude the use of other remedies. In the event of default:
a. The non -defaulting party may terminate the Agreement, and the termination will be effective
immediately or at such other date as specified by the terminating party.
The City may purchase the services or materials required under the Agreement from the open
market, complete required work itself, or have it completed at the expense of Contractor. If the
cost of obtaining substitute services exceeds the contract price in the Agreement, the City may
recover the excess cost by: (i) requiring immediate reimbursement by the Contractor to the
City; (ii) deduction from an unpaid balance due to Contractor; (iii) collection against the proposal
and performance security, if any; (iv) collection against liquidated damages (if applicable); or
(v) a combination of the aforementioned remedies or other remedies as permitted by law.
Costs in this Subsection (b) include any and all, fees, and expenses incurred in obtaining
substitute services and expended in obtaining reimbursement including, but not limited to,
administrative expenses, attorneys' fees, and costs.
c. The non -defaulting party will have all other rights granted under this Agreement and all rights
at law or in equity that may be available to it.
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DRAFT AGREEMENT
d. Neither party will be liable for incidental, special, or consequential damages.
18. CONTINUATION DURING DISPUTES. Contractor agrees that during any dispute between the
parties, Contractor will continue to perform its obligations until the dispute is settled, instructed to
cease performance by the City, enjoined or prohibited by judicial action, or otherwise required or
obligated to cease performance by other provisions in this Agreement.
19. TERMINATION FOR CONVENIENCE. The City reserves the right to terminate this Agreement, in
part or in whole, for its sole convenience upon thirty (30) calendar days' written notice. Contractor
acknowledges that, as with any termination permitted under this Agreement, in the event of a
termination for convenience, Contractor is only entitled to payment in accordance with section 22
(Payment to Contractor Upon Termination); Contractor will not be entitled to any anticipated lost
profits had the Agreement been performed to completion.
20. TERMINATION FOR CONFLICT OF INTEREST (A.R.S. § 38-511). Pursuant to A.R.S. § 38-511,
the City may cancel this Agreement within three (3) years after its execution, without penalty or
further obligation, if any person significantly involved in initiating, securing, drafting, or creating the
Agreement for the City becomes an employee or agent of Contractor.
21. TERMINATION FOR NON -APPROPRIATION AND MODIFICATION FOR BUDGETARY
CONSTRAINT. The City is a governmental agency which relies upon the appropriation of funds
by its governing body to satisfy its obligations. If the City reasonably determines it does not have
funds to meet its obligations under this Agreement, the City will have the right to terminate the
Agreement without penalty on the last day of the fiscal period for which funds were legally available.
In the event of such termination, the City agrees to provide written notice of its intent to terminate
thirty (30) calendar days prior to the stated termination date.
22. PAYMENT TO CONTRACTOR UPON TERMINATION. Upon termination of this Agreement for
any reason, Contractor will be entitled only to payments authorized under the Agreement for those
services performed or materials provided in accordance with the Agreement up to the date of
termination, and any authorized expenses already incurred up to such date of termination. The
City will make final payment within thirty (30) calendar days after the City has both completed its
appraisal of the materials and services provided and received Contractor's properly prepared final
invoice.
23. NON -WAIVER OF RIGHTS. There will be no waiver of any provision of this Agreement unless
approved in writing and signed by the waiving party. Failure or delay to exercise any rights or
remedies provided herein or by law or in equity, or the acceptance of, or payment for, any services
hereunder, will not release the other party of any of the warranties or other obligations of the
Agreement and will not be deemed a waiver of any such rights or remedies.
24. INDEMNIFICATION; LIABILITY.
To the fullest extent permitted by law, Contractor agrees to defend, indemnify and hold
harmless the City, its elected officials, agents, representatives and employees (collectively,
including the City, "City Personnel") from and against any and all liabilities, demands, claims,
suits, penalties, obligations, losses, damages, causes of action, fines or judgments of any kind,
including costs, attorneys', witnesses' and expert witnesses' fees, and expenses incident
thereto (all of the foregoing, collectively "Claims") imposed upon or asserted against City
Personnel by a third party relating to, arising out of or resulting from, in whole or in part: (i)
services or materials provided under this Agreement by Contractor or its officers', agents', or
employees' (collectively, including Contractor, "Contractor Personnel"): (ii) negligent acts,
errors, mistakes or omissions of Contractor Personnel; or (iii) failure of Contractor Personnel
to comply with or fulfill the obligations established by this Agreement. Contractor's
indemnification, duty to defend and hold harmless City Personnel in this Subsection (a) will
apply to all Claims against City Personnel except Claims arising solely from the negligence or
intentional acts of City Personnel.
b. The City assumes no liability for the actions of Contractor Personnel and will not indemnify or
hold Contractor Personnel or any third party harmless for Claims relating to, arising out of or
2020011 Page 40 of 45
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DRAFT AGREEMENT
resulting from, in whole or in part, this Agreement or use of Contractor Personnel -provided
services or materials.
25. WARRANTY. Contractor warrants that the services and materials will conform to the requirements
of the Agreement. Additionally, Contractor warrants that all services will be performed in a good,
workman -like and professional manner. The City's acceptance of services or materials provided
by Contractor will not relieve Contractor from its obligations under this warranty. If the City
reasonably determines any materials or services are of a substandard or unsatisfactory manner,
Contractor, at no additional charge to the City, will provide materials or redo such services until in
accordance with this Agreement and to the City's reasonable satisfaction.
Unless otherwise agreed, Contractor warrants that materials will be new, unused, of most current
manufacture and not discontinued, will be free of defects in materials and workmanship, will be
provided in accordance with manufacturer's standard warranty for at least one (1) year unless
otherwise specified, and will perform in accordance with manufacturer's published specifications.
26. THE CITY'S RIGHT TO RECOVER AGAINST THIRD PARTIES. Contractor will do nothing to
prejudice the City's right to recover against third parties for any loss, destruction, or damage to City
property and will, at the City's request and expense, furnish to the City reasonable assistance and
cooperation in obtaining recovery, including assistance in the prosecution or defense of suit and
the execution of instruments of assignment in favor of the City.
27. NO GUARANTEE OF WORK. Contractor acknowledges and agrees: (i) it is not entitled to deliver
any specific amount of materials or services, or any materials or services at all, under this
Agreement; and (ii) the materials or services will be requested by the City on an as needed basis,
at the sole discretion of the City. Any document referencing quantities or performance frequencies
represent the City's best estimate of current requirements, but will not bind the City to purchase,
accept, or pay for materials or services which exceed its actual needs.
28. OWNERSHIP. All deliverables, services, and information provided by Contractor or the City
pursuant to this Agreement (whether electronically or manually generated) including without
limitation, reports, test plans, and survey results, graphics, and technical tables, originally prepared
in the performance of this Agreement, are the property of the City and will not be used or released
by Contractor or any other person except with prior written permission by the City.
29. USE OF NAME. Contractor will not use the name of the City of Mesa in any advertising or publicity
without obtaining the prior written consent of the City.
30. PROHIBITED ACTS. Contractor acknowledges the applicability of A.R.S. § 38-504 which prohibits
a person who, within the preceding twelve (12) months, is or was a public officer or employee of
the City from representing another person (including Contractor) before the City on any matter for
which the officer or employee was directly concerned and personally participated in during their
service or employment by a substantial and material exercise of administrative discretion. Further,
while employed by the City and for two (2) years thereafter, public officers or employees are
prohibited from disclosing or using, without appropriate authorization, any confidential information
acquired by such person in the course of his or her official duties at the City.
31. FOB DESTINATION FREIGHT PREPAID AND ALLOWED. All deliveries will be FOB destination
freight prepaid and allowed unless otherwise agreed.
32. RISK OF LOSS. Contractor agrees to bear all risk of loss, injury, or destruction of Contractor's
goods or equipment incidental to Contractor providing the services and materials under this
Agreement and such loss, injury, or destruction will not release Contractor from any obligation
hereunder.
33. SAFEGUARDING CITY PROPERTY. Contractor will be responsible for any damage or loss to
City real or personal property when such property is the responsibility of or in the custody of
Contractor or its personnel.
2020011 Page 41 of 45
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34. WARRANTY OF RIGHTS. Contractor warrants it has title to, or the right to allow the City to use,
the materials and services being provided and that the City may use same without suit, trouble or
hindrance from Contractor or third parties.
35. PROPRIETARY RIGHTS INDEMNIFICATION. Without limiting the warranty in section 34,
Contractor will without limitation and at its expense defend the City against all claims asserted by
any person that anything provided by Contractor infringes a patent, copyright, trade secret or other
intellectual property right and must, without limitation, pay the costs, damages and attorneys' fees
awarded against the City in any such action, or pay any settlement of such action or claim. Each
party agrees to notify the other promptly of any matters to which this provision may apply and to
cooperate with each other in connection with such defense or settlement. If a preliminary or final
judgment is obtained against the City's use or operation of the items provided by Contractor
hereunder or any part thereof by reason of any alleged infringement, Contractor will, at its expense
and without limitation, either: (a) modify the item so that it becomes non -infringing; (b) procure for
the City the right to continue to use the item; (c) substitute for the infringing item other item(s) having
at least equivalent capability; or (d) refund to the City an amount equal to the price paid, less
reasonable usage, from the time of installation acceptance through cessation of use, which amount
will be calculated on a useful life not less than five (5) years, plus any additional costs the City may
incur to acquire substitute supplies or services.
36. CONTRACT ADMINISTRATION. The contract will be administered by the applicable Purchasing
Officer and/or an authorized representative from the using department (collectively "Contractor
Administrators"); all questions regarding the Agreement will be referred to the Contract
Administrators. If authorized by the Contract Administrators, supplements or amendments may be
written to the Agreement for the addition or deletion of services. Payment will be negotiated and
determined by the Contract Administrators.
37. FORCE MAJEURE. Failure by either party to perform its duties and obligations will be excused by
unforeseeable circumstances beyond its reasonable control, including acts of nature, acts of the
public enemy, riots, fire, explosion, legislation, and governmental regulation. The party whose
performance is so affected will, within five (5) calendar days of the unforeseeable circumstance,
notify the other party of all pertinent facts and identify the force majeure event. The party whose
performance is so affected must also take all reasonable steps, promptly and diligently, to prevent
such causes if it is feasible to do so or to minimize or eliminate the effect thereof. The delivery or
performance date will be extended for a period equal to the time lost by reason of delay, plus such
additional time as may be reasonably necessary to overcome the effect of the delay, provided
however, under no circumstances will delays caused by a force majeure extend beyond one
hundred -twenty (120) calendar days from the scheduled delivery or completion date of a task
unless agreed upon by the parties.
38. COOPERATIVE USE OF CONTRACT. The City has entered into various cooperative purchasing
agreements with other Arizona government agencies, including the Strategic Alliance for Volume
Expenditures (SAVE) cooperative. Under the SAVE Cooperative Purchasing Agreement, any
contract may be extended for use by other municipalities, school districts and government agencies
in the State of Arizona with the approval of Contractor. Any such usage by other entities must be
in accordance with the statutes, codes, ordinances, charter and/or procurement rules and
regulations of the respective government agency.
The City currently holds or may enter into Intergovernmental Governmental Agreements (IGA) with
numerous governmental entities. These agreements allow the entities, with the approval of
Contractor, to purchase their requirements under the terms and conditions of this Agreement.
A contractor, subcontractor or vendor or any employee of a contractor, subcontractor or vendor
who is contracted to provide services on a regular basis at an individual school shall obtain a valid
fingerprint clearance card pursuant to title 41, chapter 12, article 3.1. A school district governing
board shall adopt policies to exempt a person from the requirements of this subsection if the
person's normal job duties are not likely to result in independent access to or unsupervised contact
2020011 Page 42 of 45
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DRAFT AGREEMENT
with pupils. A school district, its governing board members, its school council members and its
employees are exempt from civil liability for the consequences of adoption and implementation of
policies and procedures pursuant to this subsection unless the school district, its governing board
members, its school council members or its employees are guilty of gross negligence or intentional
misconduct.
Additionally, Contractor will comply with the governing body's fingerprinting policy of each individual
school district and public entity. Contractor, subcontractors, vendors and their employees will not
provide services on school district properties until authorized by the school district.
Orders placed by other agencies and payment thereof will be the sole responsibility of that agency.
The City is not responsible for any disputes arising out of transactions made by others.
39. FUEL CHARGES AND PRICE INCREASES. No fuel surcharges will be accepted. No price
increases will be accepted without proper request by Contractor and response by the City's
Purchasing Division.
40. NOTICES. All notices to be given pursuant to this Agreement must be delivered to the parties at
their respective addresses. Notices may be sent via personally delivery, certified or registered mail
with postage prepaid, overnight courier, or facsimile. If provided by personal delivery, receipt will
be deemed effective upon delivery. If sent via certified or registered mail, receipt will be deemed
effective three (3) calendar days after being deposited in the United States mail. If sent via
overnight courier, or facsimile, receipt will be deemed effective two (2) calendar days after the
sending thereof.
41. GOVERNING LAW, FORUM. This Agreement is governed by the laws of the State of Arizona.
The exclusive forum selected for any proceeding or suit, in law or equity, arising from or incident to
this Agreement will be Maricopa County, Arizona.
42. INTEGRATION CLAUSE. This Agreement, including all attachments and exhibits hereto,
supersede all prior oral or written agreements, if any, between the parties and constitutes the entire
agreement between the parties with respect to the work to be performed.
43. PROVISIONS REQUIRED BY LAW. Any provision required by law to be in this Agreement is a
part of this Agreement as if fully stated herein.
44. SEVERABILITY. If any provision of this Agreement is declared void or unenforceable, such
provision will be severed from this Agreement, which will otherwise remain in full force and effect.
The parties will negotiate diligently in good faith for such amendment(s) of this Agreement as may
be necessary to achieve the original intent of this Agreement, notwithstanding such invalidity or
unenforceability.
45. SURVIVING PROVISIONS. Notwithstanding any completion, termination, or other expiration of
this Agreement, all provisions which, by the terms of reasonable interpretation thereof, set forth
rights and obligations that extend beyond completion, termination, or other expiration of this
Agreement, will survive and remain in full force and effect. Except as specifically provided in this
Agreement, completion, termination, or other expiration of this Agreement will not release any party
from any liability or obligation arising prior to the date of termination.
46. A.R.S. SECTIONS 1-501 and 1-502. Pursuant to A.R.S §§ 1-501 and 1-502, any person who
applies to the City for a local public benefit (the definition of which includes a grant, contract or
loan) must demonstrate his or her lawful presence in the United States. As this Agreement is
deemed a local public benefit, if Contractor is an individual (natural) person or sole proprietorship,
Contractor agrees to sign and submit the necessary documentation to prove compliance with the
statutes if applicable.
2020011 Page 43 of 45
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DRAFT AGREEMENT
47. AUTHORITY. Each party hereby warrants and represents that it has full power and authority to
enter into and perform this Agreement, and that the person signing on behalf of each is properly
authorized and empowered to enter into the Agreement. Each party further acknowledges that it
has read this Agreement, understands it, and agrees to be bound by it.
48. UNIFORM ADMINISTRATIVE REQUIREMENTS. By entering into this Agreement, the Contractor
agrees to comply with all applicable provisions of Title 2, Subtitle A, Chapter II, PART 200—
UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT
REQUIREMENTS FOR FEDERAL AWARDS contained in Title 2 C.F.R. § 200 et seq.
49. PCI DSS COMPLIANCE. In the event any Contractor engages in payment card transactions as
a part of the services provided to the City, Contractor shall comply with the Payment Card Industry
Data Security Standards ("PCI DSS") and any amendments or restatements of the PCI DSS during
the Term of this Agreement. Contractor accepts responsibility for the security of the City's and/or
any customer's credit card data in its possession, even if all or a portion of the services to City are
subcontracted to third parties.
2020011 Page 44 of 45
EXHIBIT 2
MAILING LABEL
CUT ALONG THE LINE AND AFFIX TO THE FRONT OF YOUR PROPOSAL CONTAINER
SEALED PROPOSAL
Submitted by:
Company Name:
Address:
City, State, Zip:
Solicitation # 2020011, STREET SWEEPING SERVICES
Due Date: September 5, 2019 at 3:00 p.m. local Arizona time
City of Mesa
Attn: Purchasing
20 E. Main St., Suite 400
Mesa, AZ 85201
2020011 Page 45 of 45
ITEM 7. B.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 02/16/2021 Meeting Type: Town Council Regular Meeting
Agenda Type: Regular Agenda Submitting Department: Community Services
Prepared by: Jamie Salentine, Executive Assistant
Staff Contact Information: Rachael Goodwin, Community Services Director
Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION OF Authorizing
the Town Manager to execute a contract for the emergency replacement of playground equipment in
Fountain Park.
Staff Summary (Background)
In early January, staff identified a safety situation involving severely damaged playground
equipment in Fountain Park. Staff took immediate action to secure the area and began efforts
to replace the damaged item. The existing equipment was installed in 2005 and, in addition to
the damaged item, shows multiple areas of structural wear and deterioration. The cost to
replace the damaged item ranges from $10,000 to $12,000. Given the age of the structure, the
likelihood of additional failures, and the cost of the replacement item, staff recommends
forgoing the single item replacement and implementing a full replacement of the play
structure. In an effort to restore this play space as quickly as possible and leverage seasonal
discounts, staff is recommending that the Town Council authorize the Town Manager to
execute a contract in an amount not to exceed $60,000. The Finance Director has determined
that there is sufficient funding available in the Facility Reserve Fund for the early replacement
of the playground equipment.
Additionally, staff has begun to evaluate the long-term replacement schedule of the entire
playground facility within Fountain Park. The adjacent playground has shown similar signs of
wear due to high use. Within the existing replacement schedule, play structures have been
budgeted for replacement every 20 years. However, staff have found that these types of high
use play structures have a useful life of 10-15 years. As noted above, the Fountain Park play
structures were installed in 2005 and are scheduled for replacement in 2025. The current signs
of wear and deterioration indicate our existing structures will not have four years of useful life
remaining and will likely require replacement in the near future. As a result, staff will be
revising the replacement schedule in the Facilities Replacement Schedule to reflect a more
accurate useful life of our playground equipment.
Related Ordinance, Policy or Guiding Principle
N/A
Risk Analysis
Replacement of damaged playground equipment is needed to prevent serious accidents and injuries to
children.
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendations)
Staff recommends approval.
SUGGESTED MOTION
MOVE to authorize the Town Manager to execute a contract for the emergency replacement of
playground equipment in Fountain Park, in an amount not -to -exceed $60,000.
Fiscal Impact
Fiscal Impact: 60,000
Budget Reference:
Funding Source: FRAD
If Multiple Funds utilized, list here:
Budgeted: if No, attach Budget Adjustment Form:
PowerPoint
Inbox
Community Services Director
Finance Director
Town Attorney
Town Manager
Form Started By: Jamie Salentine
Final Approval Date: 02/03/2021
Attachments
Form Review
Reviewed By
Rachael Goodwin
David Pock
Aaron D.Arnson
Grady E. Miller
Date
02/03/2021 03:49 PM
02/03/2021 03:57 PM
02/03/2021 03:59 PM
02/03/2021 08:04 PM
Started On: 02/03/2021 11:00 AM
TOWN OF FOUNTAIN HILLS
Fountain Park
Rachael Goodwin,
Community Service:
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WWW.FH.AZ.GOV
Fountain Park Playground
• Two current playgrounds within Fountain Park
• 2-5 year old
• 5-12 years old
Installed in 2005
• Most heavily used playground within our community
• Consistent, year round use
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• Damaged stairway noted during bi-weekly inspections
• Staff took immediate steps to secure area and ensure
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• Replacement efforts began, estimated at $10,000-$12,,000
for basic stairway (dino no longer made)
• Given age of all components and signs of deterioration,
recommend full replacement of structure
WWW.FH.AZ.GOV
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TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 02/16/2021 Meeting Type: Town Council Regular Meeting
Agenda Type: Regular Agenda Submitting Department: Development Services
Prepared by: John Wesley, Development Services Director
Staff Contact Information: John Wesley, Development Services Director
Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION
OF modifications to the draft sign ordinance.
Staff Summary (Background)
Staff has been working on proposed amendments to the Town's sign ordinance (Chapter 6 of the Zoning
Ordinance) in response to the requirements of the U.S. Supreme Court to remove content based
regulations. At the January 19, 2021, Town Council meeting, the Council reviewed the proposed sign
ordinance and provided staff with feedback. The Council requested that staff further explore the
wording and draft regulations in several sections. The following is a summary of the key issues raised by
the Town Council with possible changes to the draft ordinance.
1. Construction and materials for A -frame signs. The current code sets a standard of a minimum 3/8th
inch thick for A -frames and garage sale signs. Open house signs are to be made by a professional sign
company; there is no minimum thickness stated. Particularly with the garage sales signs, code
compliance staff have had lots of challenges and push back from citizens who don't know the code and
put out signs that do not conform. As a matter of practice, lesser standards have been allowed.
The proposed ordinance seeks a practical compromise with the definitions provided in 6.02. All
temporary signs are to be made of "fabric, canvas, vinyl, foam -core (this is what our zoning hearing signs
are made of), plywood, sheet metal, plastic, or other lightweight material." The intention is to not allow
lesser materials such as paper or cardboard. The word "durable" could be added to help avoid use of
paper or cardboard, and we could add in a minimum thickness for plywood and plastic.
The definition of A -frame uses the word durable and lists wood, sheet metal, plastic, or other
lightweight material as acceptable material for these signs. This could benefit from adding the word
"similar" to keep the range of acceptable materials limited.
Section 6.07 G. 3. requires all temporary signs to be of durable materials and to be maintained in good
repair. We could add to this list that use of paper, thin plastic, and cardboard are not permitted. We
could also add a design standard that these signs may not use make -shift devices such as buckets or
boxes for their structural system; such signs must use a structural system that is self-supporting (like an
A -frame) or be attached to wood or metal supports. This suggested change could result in resistance
from residents who are accustomed to attaching signs to buckets or boxes.
2. Time of use for temporary signs. The current ordinance does set a time limit for A -frames between
7:00 am and 9:00 pm. Garage sale signs are allowed between sunrise and sunset. Open house signs do
not have a time limit.
A time limit was included in the new ordinance for A -frames from dawn to dusk. These signs will most
often be used as business signs and open house signs, so they could come down at night.
A time limit was not included for yard signs because of the range of uses for this sign type. Some uses,
such as a contactor's sign or a political message sign, would not come down at night. There is, however,
a standard for the signs used as residential directional signs that also limit them being displayed from
dawn to dusk. It is challenging for code enforcement staff to enforce this due to the need to work
outside normal work hours, but it could be done if that is a priority of the Council.
3. Temporary signs in the rights -of -ways (ROW) and medians. The Town Council also posed questions
about which types of signs can be placed in the ROW. The current ordinance allows A -frames, garage
sale, and open house signs in the ROW, but not on a sidewalk, in parking space, in a median, or on the
street; they must be at least V behind a curb or edge of pavement. The new ordinance sets the same
parameters for A -frames, but is a little more restrictive on Yard signs requiring them to be 2' behind a
sidewalk or 6' behind a curb, whichever is greater.
In practice, particularly in the Town Center area, A -frame signs are regularly placed on sidewalks
as there are generally no other locations for them. This is where and how A -frame signs should be used
— in a pedestrian environment to help attract and direct customers. A provision could be added allowing
signs on sidewalks in the Town Center area when specific standards are met (e.g., sidewalk a minimum
8' wide and a minimum clearance around the sign of 5').
There were some comments that the town should not allow any of these signs in the ROW. The Gilbert
sign code does not allow such signs in the ROW. Anyone wanting to utilize such signs for an open house
or garage sale is required to obtain the permission of the property owner and place them on private
property.
Under the current sign code, real estate signs are not allowed in the ROW, although they may be in
some cases due to visibility. In the proposed sign code, Post and Board signs must be on private
property at least 6 feet behind the curb or edge of pavement.
Under the current code projecting signs may encroach into the ROW, but need an encroachment
permit. This is the same in the new code. In the current code, there is no statement about under
canopy signs being allowed in the ROW, but it is now included in the new ordinance. In the new
ordinance these signs must obtain an encroachment permit.
Under the current and proposed ordinance, no signs are allowed in medians. An exception was made
in the new ordinance allowing Residential Directional signs in frontage road medians. Based on the
Council discussion and direction, the allowance for the frontage medians should be removed.
4. Residential Directional signs. There was discussion about the number of signs allowed. The
proposed ordinance allows one sign on the property holding the event and up to 5 additional signs that
can be used to bring people from a main street to the event. There was some thought that these signs
may not really be needed due to GPS navigation and information now available online for people
holding events.
In reviewing ordinances from other communities, staff found this handled several ways. Some
communities, such as Queen Creek, have a code that is very similar to what is proposed in the draft
ordinance. Gilbert allows for the same type of approach, but the signs have to be on private property,
with permission from the owner, rather than in the ROW. The Mesa's ordinance does not have any
provisions for these types of signs even though they frequently happen.
Staff understands the concern with the clutter that comes from these signs and agrees there are other
resources available today that make them less necessary. However, they are an ingrained form of
signage that many people erect based on past practice without even investigating what the code allows.
Eliminating these types of signs will result in a need for significant education and an enforcement
challenge.
S. Flags and flagpoles. There were a few of issues raised during the Council discussion regarding flags
and flagpoles. The current ordinance provisions related to flags are largely based on flying the American
flag or other governmental flags. There is some recognition of flying a corporate flag or flags used at
sales offices for subdivisions. Since those were all content based regulations, there is significant change
to this section in the new ordinance even though it follows the basic standards of the existing
ordinance.
There was the desire expressed in the Town Council meeting to not place any limits on the size or
placement of an American flag. While staff has fully understands the reasoning behind that position,
the town cannot limit the content or message on a flag. Whatever standards adopted in the code will
have to apply to all flags — governmental flags, corporate flags, general advertising flags, and other
general message flags. Therefore, while staff may prefer to not limit American flag placement and
usage, it is necessary to think of the use of the form of communication in context of the wider range of
ways it can be used.
Section 6.02 of the new ordinance defines a flag. In an attempt to make a distinction between a flag and
a banner, flags are defined as being made of fabric and being attached to a pole on one side. Based on
that definition it would be illegal to drape a flag on the side of a building. While that is done from
time -to -time with governmental flags under specific standards, it is rarely done and is not something we
would want to see with other types of flags. If the Council wants to open this up, the definition for flag
could be amended to remove the phrase about being attached to a pole. This would leave the material
used for the flag as the primary distinction between flags and banners. A statement could be added in
the definition that a flag has only two eyelets on one narrow side of the flag (banners usually have at
least four).
It is unclear under the current code how many flagpoles could be on one property, whether residential
or commercial. It does, however, allow up to 4 flags per site or structure, if at least three of them are
from governmental entities. The proposed ordinance allows one pole per single residence property and
two in all other zoning districts whether anchored in the ground or attached to a building. Flagpoles
have to be located such that if they fall, they will remain on the property where they are placed.
Therefore, for example, a 25' tall pole must be at least 25' from all property lines. The sign code could
allow more flagpoles in some or all districts, if desired, or it could allow more on larger properties.
The size of the flags allowed was also discussed at the January 19, Town Council meeting. The current
ordinance states that model home flags can be a maximum 8 sq. ft.; corporate flags can be a maximum
15 sq. ft.; and that a United States, State of Arizona, or other foreign national flag can be up to 60 sq.
ft. There is also a provision that removes the size limit for U.S. and Arizona flags on national or state
holidays. Under the new code, because the town cannot regulate flags by content, the sign code cannot
allow different sizes based on the message. It can, however regulate size based on other factors such as
zoning districts. The maximum size in a single residence district could be smaller than what would be
allowed in a commercial or industrial district.
Since most flags are American flags, staff chose to submit the draft ordinance using the 60 sq. ft. size as
the maximum.
6. Banners. Council suggested, and staff concurred, that the town should require permits for banner
signs. This change would include an amendment to Section 6.03 B. 5. to separate banner signs from
other temporary signs. Staff will also add a statement in Sec. 6.08 A. 4. e. to note the permit
requirement.
As staff further reviewed the sign ordinance and worked to address some current concerns with the use
of banners in residential areas, staff identified a potential issue in the proposed ordinance. In the
proposed ordinance, banners are allowed in residential zoning districts only for permitted
non-residential uses and in apartment complexes of more than 20 units. An apartment complex could
be rental units or condominium units. The code allows one banner per occupancy. This could result in
each unit in a condominium of more than 20 units being able to display a banner. Since this was not the
intent, staff proposes to amend this section to clarify the condominium project could just have one
banner for the complex, not for individual units.
7. Political signs. The Town Council also discussed political signs and how they should be handled.
State statutes limit the ability of a city or town to remove signs placed in the right of way provided they
do not obstruct vision or cause a safety issue. Since the Town has regulations prohibiting signs in
medians, staff used the regulation during the last campaign cycle to justifynthe removal of political signs
in medians. The statute allows for removal or relocation of political signs if they pose a safety hazard.
The state statute also limits signs in residential areas to 16 square feet and 32 square feet in all other
areas.
The state statute does not control signage on private property. The new sign ordinance sets specific
limits on sign types, sizes, and numbers allowed in various zoning districts. Currently, the proposed sign
ordinance does not allow banners on single residence properties. The only temporary signs allowed in
single family areas are yard signs, post and board signs, and A -frame only when used for residential
directional signs. One yard sign is allowed per lot and one post and board sign per street frontage is
allowed. If a person chooses to use their allowance for signs that contain a political message, they could
not be used for anything else.
Related Ordinance, Policy or Guiding Principle
Zoning Ordinance Chapter 6 Sign Regulations
Risk Analysis
N/A
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
Staff is seeking Council direction on the key the items described in the report. Based on Council
direction, staff will make modifications to the draft ordinance then bring it back for further review and
possible action.
SUGGESTED MOTION
No motion is needed at this time.
Inbox
Development Services Director (Originator)
Finance Director
Town Attorney
Town Manager
Form Started By: John Wesley
Final Approval Date: 02/03/2021
Form Review
Reviewed By
John Wesley
David Pock
Aaron D. Arnson
Grady E. Miller
Date
02/03/202102:43 PM
02/03/202102:50 PM
02/03/202103:03 PM
02/03/202109:25 PM
Started On: 02/01/2021 03:18 PM
ITEM 7. D.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 02/16/2021 Meeting Type: Town Council Regular Meeting
Agenda Type: Regular Agenda Submitting Department: Administration
Prepared by: Elizabeth A. Burke, Town Clerk
Staff Contact Information:
Request to Town Council Regular Meeting (Agenda Language): DISCUSSION WITH POSSIBLE
CONSIDERATION relating to any item included in the League of Arizona Cities and Towns' weekly
Legislative Bulletin(s) or relating to any action proposed or pending before the State Legislature.
Staff Summary (Background)
This is a regularly recurring agenda item on the Town Council agenda during the legislative session. The
goal of this agenda item is to obtain consensus from the Mayor and Council on legislative bills and to
provide direction, if any, to staff to communicate the Town's position on the bills. Each Council meeting
the Legislative Bulletin will be attached to the Town Council agenda which will include legislative
analyses of the bills and their impacts on municipalities. The Mayor and Council will have an
opportunity to review the bills that are under consideration in the Arizona State Legislature and provide
direction on supporting or opposing the bills. The Mayor and Council may also bring up other bills of
interest to the Town of Fountain Hills for discussion that are not listed in the Legislative Bulletin.
Related Ordinance, Policy or Guiding Principle
N/A
Risk Analysis
N/A
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
N/A
SUGGESTED MOTION
MOVE to provide staff direction on one or more bills being considered by the State Legislature.
Attachments
Issue 3
Issue 4
Form Review
Inbox Reviewed By Date
Town Manager Grady E. Miller 02/04/2021 08:00 AM
Form Started By: Elizabeth A. Burke Started On: 02/04/2021 06:25 AM
Final Approval Date: 02/04/2021
Issue 3 — January 29, 2021
Legislative Update
Today is the 19th day of session and so far 1,395 bills and 92 memorials or resolutions
have been introduced. The Senate deadline to introduce legislation is Monday, February
1 at 5 p.m., while the House introduction deadline to introduce measures is February 8.
The last day for committees to hear bills in the chamber of origin is February 19.
Low -Income Housing Tax Credit
Next week, both House and Senate Appropriations committee will hear bills that would
establish a state low-income housing tax credit (LIHTC). Senator David Gowan (R-Sierra
Vista) sponsored SB 1327 and Representative Regina Cobb (R-Kingman) sponsored an
identical bill in the house, HB 2562. The measure is the result of the League
resolution committee process and would establish incentives for developers to build
affordable housing in communities that lack affordable units. The COVID-19 pandemic
has exasperated the need for both immediate and long-term solutions to housing, and a
state program would provide a much needed tool in targeting housing shortages in rural
and urban communities. The League will continue to work with the Arizona Housing
Coalition to support this measure as it makes its way through the legislative process this
session.
Candidate Residency Requirements
On Wednesday, the House Government & Elections committee heard HQ 2181 write-ins;
residency; filing deadline sponsored by Representative John Kavanagh (R-Scottsdale).
The bill would require write-in candidates to be a resident of the area they intend to
represent for 120 days prior to the election. As introduced, the measure conflicts with
ARS 9-232 which requires candidates for city or town councils to reside in that
municipality for a minimum of one-year prior to the election. Cities and towns have
applied this requirement equitably for both write-in and traditional candidates. The
League is currently neutral on the bill and is working with the proponents of the measure
to ensure that cities and towns preserve the residency requirement currently outlined in
statute.
State Liquor Board Membership
SB 1257 state liquor board; membership sponsored by Senator J.D. Mesnard (R-
Chandler) passed out of the Senate Commerce committee with a 9-0 vote. The measure
requires one member of the State Liquor Board to be a current municipal official. If
passed and signed, the measure would ensure municipal input and perspective on board
decisions. This legislation was a former League resolution that was adopted at the 2018
League conference.
Legislative Bill Monitoring
All bills being actively monitored by the League can be found here.
Issue 4 — February 5, 2021
Legislative Update
Today is the 26th day of session and so far 1,645 bills and 105 memorials or resolutions
have been introduced, including one holding the Maricopa County Board of Supervisors
in contempt of the Senate for failing to comply with legislative subpoenas. On Thursday
the Senate moved to suspend rules to set up a final vote for SR1005 Maricopa county;
supervisors; contempt declaration, which would authorize the Senate president to take
all legal action against the supervisors, including arrest by the sergeant -at -arms.
The legislature is acting swiftly on bills that were introduced during last year's
session that did not receive a final vote. So far, one bill has been signed by the
governor, and 15 have passed the legislature.
Utility Condemnation
HB2049 eminent domain; existing contracts, sponsored by Representative Jeff Weninger
(R-Chandler) passed the House 34-24 and will proceed to the Senate where a mirror bill,
SB1154 S/E: eminent domain; existing contracts, will be heard in the Senate Commerce
Committee on Wednesday at 2 p.m.
The bill requires cities and towns exercising eminent domain on a public utility to assume
all the assets and contractual obligations of the utility. This would require the assumption
of private contracts under any circumstance, regardless of their provisions and whether
it is legal for municipalities to assume under the state Constitution and laws. The League
opposed the measure due to the unintended consequences of assuming private liabilities
in these transactions and the potential to negatively impact current and future
condemnation processes.
Emergency Permit Tolling
The Senate Commerce Committee this week heard SB1258 state of emergency; tolling;
permits, sponsored by Senator Javan Mesnard (R-Chandler). The bill is an emergency
measure that will toll the period to exercise a permit, license, or government approval for
the duration of a state of emergency and will extend the remaining period to exercise by
an additional 12 months. It will not be an automatic extension since the bill does require
a written 90-day notice of intent to the issuing authority to exercise the tolling and
extension, but it doesn't require the holder to demonstrate the need for the extension.
The bill excludes permits, licenses, and approvals for 1) areas outside the state of
emergency; 2) that are regulated by federal law; 3) are held by someone in significant
noncompliance; or 4) are subject to court order. It will also exclude TPT and business
licenses.
An amendment was adopted in committee that will 1) reduce the extension period from
12 to six months; 2) exclude licenses in title 17 (hunting and fishing); and 3) specify it
applies to a state of emergency which affects the ordinary operations of state, county, or
city government or which receives state or federal disaster monies. The League will
continue to work with the sponsor and the Home Builders Association of Central
Arizona to narrow the scope of the legislation.
Short Term Rentals
SB1379 vacation rentals; short-term rentals; enforcement sponsored by Senator JD
Mesnard (R-Chandler) was heard in the Senate Commerce committee on Wednesday.
The bill focuses on penalties cities and towns can apply to short term rental operators
and makes modifications to occupancy limits for short term rentals that are inconsistent
with other municipal occupancy ordinances for non -short term rental properties. The
committee saw this as a positive step and nothing that infringed further on municipal
authority. The bill passed committee on a vote of 9-0.
The League's short term rental bill, HB2481, will be heard in the House Government and
Elections Committee on Wednesday, February 101h.
Public Posting Requirements
One of the League's resolution HB 2400 municipal ordinance; posting passed out of the
House Government & Election committee this week. The measure, sponsored by
Representative Joanne Osborne (R-Buckeye) would provide cities and towns flexibility
to post ordinances that have a fine or penalty associated with the ordinance on the
municipality's website and any additional manner deemed reasonable, in addition to
publication in a paper of local circulation. The measure would modernize the current
statute by allowing cities and towns to reach residents where constituents are going to
for information, while maintaining transparency. The League will work with stakeholders
and legislators to address concerns raised in committee and clarify the resolution's goal.
Legislative Bill Monitoring
All bills being actively monitored by the League can be found here.