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Home My WebLink About2021.0302.TCRM.Agenda.PacketNOTICE OF MEETING REGULAR MEETING FOUNTAIN HILLS TOWN COUNCIL Mayor Ginny Dickey Vice Mayor David Spelich Councilmember Gerry Friedel Councilmember Sharron Grzybowski TIME: 5:30 P.M. — REGULAR MEETING WHEN: TUESDAY, MARCH 2, 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. TO COMMENT VIA ZOOM: Please visit http://www.fh.az.gov/publiccomment and SUBMIT a Public Comment Card by 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 use the RAISE HAND function during the agenda items you wish to address. JOIN the Zoom meeting by visiting: https://www.fh.az.eov/publicmeeting Meeting ID: 9916136 7759 Passcode: 346485 To attend by Phone please one of the following: +1 253 215 8782 US (Tacoma) +1346 248 7799 US (Houston) +1 669 900 9128 US (San Jose) +1 301 715 8592 US (Washington D.C) +1 312 626 6799 US (Chicago) +1 646 558 8656 US (New York) Meeting ID: 9916136 7759 Passcode: 346485 Ls always, the meeting will be broadcast live on Cox Channel 11 and streamed from the internet at www.fh.az.gov/live. Town Council Regular Meeting of March 2, 2021 2of4 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 SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS A. PRESENTATION by Captain Larry Kratzer with the Maricopa County Sheriff's Office with Monthly Update. 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. 14161►1.14►111r_Tha0111171111111111114►TiF-1 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 16, 2021. Town Council Regular Meeting of March 2, 2021 3of4 B. CONSIDERATION OF approving a Special Event Liquor License application for the Fountain Hills VFW Post 7507 for a beer garden in conjunction with the Fountain Festival of Arts and Crafts on April 9-11, 2021 C. CONSIDERATION OF a Map of Dedication for the dedication of easements and right-of-way associated with the development of the Fountain Hills Medical Center located at the northwest corner of Saguaro Boulevard and Trevino Drive. 8. REGULAR AGENDA A. CONSIDERATION OF Approving a Cooperative Purchasing Agreement with General Acrylics (Contract No. 2021-037) for the installation, repair, and maintenance of sport courts. B. RECONSIDERATION OF approving a Professional Services Agreement with Kimley Horn and Associates, Inc., for a warrant study to evaluate and document the need for a signalized controlled intersection at Palisades and Eagle Ridge Drive/Palomino. C. 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. 9. COUNCIL DISCUSSION/DIRECTION to the TOWN MANAGER Items) listed below are related only to the propriety of (i) placing such items) on a future agenda for action, or (ii) directing staff to conduct further research and report back to the Council. 10. ADJOURNMENT 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 Town Council Regular Meeting of March 2, 2021 4of4 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 5. A. TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Date: 03/02/2021 Meeting Type: Town Council Regular Meeting Agenda Type: Public Appearances/Presentations Submitting Department: Law Enforcement Prepared by: Elizabeth A. Burke, Town Clerk Staff Contact Information: Larry Kratzer, MCSO Captain SPECIAL PUBLIC APPEARANCES/PRESENTATIONS (Agenda Language): PRESENTATION by Captain Larry Kratzer with the Maricopa County Sheriff's Office with Monthly Update. Staff Summary (Background) Captain Kratzer will be givng his monthly MCSO Update. Statistics Inbox Reviewed By Town Attorney Elizabeth A. Burke Town Manager Elizabeth A. Burke Form Started By: Elizabeth A. Burke Final Approval Date: 02/24/2021 Attachments Form Review Date 02/24/2021 03:07 PM 02/24/2021 03:08 PM Started On: 02/24/2021 03:03 PM Maricopa County Sheriff's Office Top 20 Calls For Service r SHERIF Annual Report for Event Category 2018 2019 2020 � �� { 'A9/cO Fountain Hills WELFARE CHECK 742 828 933 FALSE BURGLAR ALARM* 726 644 503 ® CITIZEN/MOTORIST ASSIST i 250 277 249 This report reflects a year to year comparison of calls for service and on view SUSPICIOUS ACTIVITY I 191 239 176 based on the primary deputy's call sign. FOLLOW UP 144 191 172 CIVIL ACTION 203 175 108 SUSPICIOUS PERSON I 172 172 140TRAFFIC Data Sources and Knowledge Stores HAZARD I 177 145 147 The Maricopa County Sheriff's Office (MCSO) utilizes Intergraph's Computer- VEHICLE CRASH (NO 159 161 119 Aided Dispatch (I/CAD), that went live within the MCSO on September 24th, INJURIES)* 2013. AUDIBLE BURGLAR ALARM* I 155 119 118 LOUD NEIGHBORS 115 116 154 DISTURBING Definitions SUSPICIOUS PERSON AND 132 121 101 Calls for Service (CFS) — occurs when a resident contacts the Office, typically by VEHICLE phone, and a deputy is dispatched to handle the call (Wilson & Weiss, 2009). THEFT I 123 110 75 ANIMAL NOISE PROBLEM I 114 119 68 They include calls to "911" for emergency assistance along with to non- ATTEMPT TO LOCATE 81 66 87 emergency numbers (Police Data Initiative, n.d.). INJURED/SICK PERSON 85 57 77 ABANDONED VEHICLE I 80 88 48 CIVIL MATTER/STANDBY I 61 70 71CRIMINAL Deputy Initiated Activities (On View/Old —occurs when a deputy initiates the DAMAGE I 74 60 58 dispatch by conducting a traffic stop or other proactive policing event. ILLEGAL PARKING 75 72 42 Total 3859 3830 3446 Unknown Origin — this occurs when the I/CAD is unable to determine the origin of the event. This is rare but does happen. Major Crime Indicators Additional Information An asterisk (*) indicates subcodes were grouped under the main event 200 category. For example, speeding and no seatbelt, etc., are grouped under the main event category Traffic Violation*. References Police Data Initiative. (n.d.). Calls for Service. Retrieved June 13, 2018, from 100 Police Data Initiative: https://www.policedatainitiative.org/datasets/calls-for- service/ 50 Wilson, J., & Weiss, A. (2009). A performance -based approach to police staffing 0 and allocation. Washington, DC: Office of Community Oriented Policing Services. 118 Assault Burglary Top 20 On View Event Category 2018 2019 2020 PATROL/VACATION WATCH 14898 2047 2084 TRAFFIC VIOLATION* I 793 2064 2419 FOLLOW UP I 560 564 640 TRAFFIC CONTROL I 514 643 361 SPEEDERS 691 156 38 SCHOOL PROGRAMS(COMM 333 236 121 SERV) CITIZEN/MOTORIST ASSIST I 185 188 208 COMMUNITY POLICING* 269 99 29 SPECIAL DETAIL 101 59 72 WELFARE CHECK I 112 65 52 TRAFFIC HAZARD I 33 92 33 FOUND PROPERTY I 48 41 41 SUSPICIOUS ACTIVITY 45 46 30 ORDERS OF PROT - HARASS - 33 34 50 CIVIL USE ONLY CIVIL ACTION I 47 18 23 SUSPICIOUS VEHICLE 25 12 48 SUSPICIOUS PERSON AND 37 25 10 VEHICLE CIVIL SUMMONS -CIVIL USE ONLY I 25 17 15 CRIMINAL SUBPOENA - CIVIL USE I 31 8 2 VEHICLE CRASH (NO INJURIES)* 17 10 13 Total 8797 6424 6289 26 24 4 2 10 Homicide Motor Vehicle Theft Year 02018 02019 02020 Top 20 Calls for Service with Incident Reports Event Category 2018 2019 2020 WELFARE CHECK 50 127 175 VEHICLE CRASH (NO INJURIES)* 112 127 106 THEFT I 97 91 68 CRIMINAL DAMAGE 59 53 56 SUSPICIOUS ACTIVITY 23 74 58 VEHICLE CRASH (WITH INJURIES)* I 50 42 35 FALSE BURGLAR ALARM* I 14 45 54 FOUND PROPERTY 29 32 45 IDENTITY THEFT 39 26 40 FRAUD OR CON GAME I 36 33 34 DISORDERLY CONDUCT I 18 32 50 BURGLARY FROM VEHICLE I 41 35 23 DEAD BODY 28 29 41 HIT AND RUN (NO INJURIES) 29 46 21 FIGHT/MUTUAL COMBAT (DV) I 15 30 43 CIVIL ACTION I 24 31 32 INJURED/SICK PERSON 23 18 45 ASSAULT D/V 28 27 30 ATTEMPT SUICIDE I 20 28 34 CITIZEN/MOTORIST ASSIST I 10 29 26 Total 1745 955 1016 3 2 2 Robbery 34 18 26 M EM Sexual Violation 234 Theft Maricopa County Sheriff's Office HERIF Annual Report for Fountain Hills 199jCOpA��°�� December, 2020 Top 10 Calls For Service Top 10 On View Top 6 Calls for Service with Reports Areas of Special Interest Event Category 2020 Event Category 2020 Event Category 2020 Event Category WELFARE CHECK 76 TRAFFIC VIOLATION* 263 TRAFFIC VIOLATION* 11 ATTEMPT SUICIDE FALSE BURGLAR ALARM* 41 PATROL/VACATION WATCH 173 FOUND PROPERTY 4 DUI LOUD NEIGHBORS DISTURBING 19 TRAFFIC CONTROL 42 VEHICLE CRASH (NO INJURIES)* 2 Total SUSPICIOUS ACTIVITY 16 FOLLOW UP 41 WARRANT ARREST - MISDEMEANOR 2 AUDIBLE BURGLAR ALARM* 15 CITIZEN/MOTORIST ASSIST 11 WARRANTS CITIZEN/MOTORIST ASSIST 15 SCHOOL PROGRAMS(COMM SERV) 10 ASSAULT ON DEPUTY 1 FOLLOW UP 12 WARRANT ARREST ATTEMPT 7 FOLLOW UP 1 VEHICLE CRASH (NO INJURIES)* 12 SPECIAL DETAIL 5 NEIGHBOR TROUBLE 1 ATTEMPT TO LOCATE 11 CIVIL SUMMONS -CIVIL USE ONLY 4 STABBING 1 TRAFFIC HAZARD 11 FOUND PROPERTY 4 SUSPICIOUS ACTIVITY 1 Total 228 SPEEDERS I 4 VIOLATION OF COURT ORDER 1 Total 564 Total 25 Calls for Service by Day of Week 200 we] 0 Monday Tuesday Major Crime Indicators 10 10 2 0 Assault Burglary Wednesday Thursday Year 412020 Motor Vehicle Theft Year 02020 Friday Robbery Saturday Events by Call Source 2020 Call Source 2020 2 Calls for Service (CFS) 434 1 Deputy Initiated Activities (On 596 3 View/OV) Total 1030 Sunday Theft Calls for Service by Month Calls for Service by Day of Week 600 O N O, G La I* LA M 17 (N N N 10 Lo L- 00 CD LO L� O LO O 00 O CO CO O M 0� 00 P 01 M Ln �0 Ly LO Lo LO 10 O L- LO <\ N CY.^ O L, l� 1, n n 'Y � N �� Y n �� N N D L O L-, � N M �7 I* LO�Y � M N M 800 � O L� �� 0, T O0 P LL7 O 0 Ic" � 400 W600 200 400 � 200 0 ,a�Ja�1 eetJa� �at�r P�t� �a� 1J�e 1v\� Pv�JS� '06 `�o�e� e�`�et e�`�et Sep o �O Oec 0 Monday Tuesday Wednesday Thursday Friday Saturday Sunday Year *2018 02019 02020 Year 02018 02019 02020 Calls for Service by Hour M 400 NIj i M u) n N O O N N N N M N N 10 0� 10 N L� N 00 Blnn N N N N O L� 200 co t .o N o ,o 00 w � ONOWN L" 00 00 00 C, L� .p CN 00 lllllllllllmiiiiil 0 r 12:00 AM 3:00 AM 6:00 AM 9:00 AM 12:00 PM 3:00 PM 6:00 PM 9:00 PM Year 02018 02019 02020 Calls for Service by Year and Hour of the Day Year 00:00 01:00 02:00 03:00 04:00 05:00 06:00 07:00 08:00 09:00 10:00 11:00 12:00 13:00 14:00 15:00 16:00 17:00 18:00 19:00 20:00 21:00 22:00 23:00 Total 2018 106 78 86 82 68 82 121 204 1� 355 319 328' 268 237 206 186 5696 UO 2019 127 88 82 76 81 88 154 168 258 31561 314 329 327INEINER"I 28 221 199 161 5574 2020 117 84 90 71 42 87 104 182 237 277 293 288 277 281 298 309 307 313 257 267 217 222 179 5146 Total I 350 250 258 229 191 257 379 554 790 947 973 930 943 937 995 970 1022 934 1022 858 799 675 627 526 16416 Calls for Service by Day of the Week and Hour of the Day Day Name 00:00 01:00 02:00 03:00 04:00 05:00 06:00 07:00 08:00 09:00 10:00 11:00 12:00 13:00 14:00 15:00 16:00 17:00 18:00 19:00 20:00 21:00 22:00 23:00 Total Monday 43 32 19 36 30 27 56 79 120 133 147 128 130 130 �� 92 81 54 2331 Tuesday 43 29 27 38 25 43 59 85 124 144 145I' 143 145 141 155 157 148 133 132 126 98 97 77 62 2376 Wednesday 42 25 35 35 31 36 55 75 125 139 130 1271 140 150 156 141 138 125 157 113 112 93 75 68 2323 Thursday 45 31 42 29 22 41 54 78 106 159 129 _ 118 136 141 139 151 150 146 165 120 114 101 87 80 2384 Friday 44 34 41 26 31 47 57 89 128 154 156� 143�1 155 149 157 141 150 146 144 114 130 110 97 82 2525 Saturday 67 54 53 33 26 32 54 74 104 127 132 154 127 107 104 126 142 139 131 136 132 98 117 111 2380 Sunday 66 45 41 32 26 31 44 74 83 91 134 117 110 108 120 111 142 115 146 102 113 84 93 69 2097 Total 350 250 258 229 191 257 379 554 790 947 973 930 943 937 995 970 1022 934 1022 858 799 675 627 526 16416 Calls for Service by Month _ n -^ co m Lo Lo (`m O ^^ ^O. O, ^ M N a M c N N ^� 50 0 Ja6 �a�Ja� eft F Calls for Service by Hour Calls for Service by Day of Week CO 10 LO N N LO LA ^ W CD LA ^ ^ M M LO dLdi CD300V ^NN MNN � LO r- N ^ N M N 200 100 �o�et ��et ��et P SeQ�e oc �O peoe 0 Monday Year *2018 02019 02020 O, 0 M O O N N ry M ^ M N N CO Tuesday Wednesday CO N CO W ^ O ry Thursday CO N M 17 N n N Year 02018 02019 02020 Friday I* 10 (N W N Saturday N M �O N N N Sunday �7 ^ O, U') M N 10 CO P W N p` O, P T N Q. O` P W N 100 000� ^ u� ry � ^04 � � O0 0 �,. ��L" 00 _ o co CO LA LO LO f`P') . N M M M 0 O M LO Ln Y M j r 12:00 Af 3:00 AM 6:00 AM 9:00 AM 12:00 PM 3:00 PM 6:00 PM 9:00 PM Year 02018 02019 02020 Calls for Service by Year and Hour of the Day Year 00:00 01:00 02:00 03:00 04:00 05:00 06:00 07:00 08:00 09:00 10:00 11:00 12:00 13:00 14:00 15:00 16:00 17:00 18:00 19:00 20:00 21:00 22:00 23:00 Total 2018 5�2 49 52 35 27 37 3�"58 73 62 59 7 105 102 82 1595 2019 88 53 46 39 45 33 41 43 51 W2 84 64 =81 100 99 73 92 891 1635 2020 70 51 55 48 18 30 33 4 OA a _36_ 82' 1757 Total 216 156 150 139 98 90 111 151 179 229 240 206 219 195 210 245 255 238 261 304 302 261 270 262 4987 Calls for Service by Day of the Week and Hour of the Day Day Name 00:00 01:00 02:00 03:00 04:00 05:00 06:00 07:00 08:00 09:00 10:00 11:00 12:00 13:00 14:00 15:00 16:00 17:00 18:00 19:00 20:00 21:00 22:00 23:00 Total Monday 26 19 9 23 16 8 21 28 25 32 3�6 32 24 35 2 30 �8 31 35 721 Tuesday 27 020 14 20 26 16 15 15 16 22 25 25 32 20 27 25 32 32 33 40 35 39 29 31 32 628 Wednesday 15 19 18 17 14 15 16 17 33 19 24 42 32 27 32 31 28 32 32 51 52 35 41 662 Thursday 35 22 23 14 10 11 14 16 17 31 38 20 26 31 27 35 35 32 37 42 41 37 40 35 669 Friday 27 20 21 16 15 13 12 25 35 _ 45 31 29 39 27 24 31 28 31 34 37 38 35 33 41 687 Saturday 42 35 32 17 14 12 18 32 35 34 42 31 25 29 24 39 40 38 34 INOM 53 32 49 48 815 Sunday 39 31 26 25 10 17 16 18 28 29 !72' 34 35 25 48 35 41 29 42 , 56 50 38 51 30 805 Total 716 156 150 139 98 90 111 151 179 229 240 206 219 195 210 245 255 238 261 304 302 261 270 262 4987 On View by Month On View by Day of Week 'T M �7 N o, O O P 1,000 N M U1 1,500 n M Ln 10 OO L� P n n n N n 10 N O Co00 co_ M M O �� L(7 �Y Ln �Y M^� Mu')� -- LO N In M 500 500 0 0 Monday Tuesday Wednesday Thursday Friday Saturday Sunday Year *2018 02019 02020 Year 02018 402019 402020 On View by Hour L- CD CD a LO -0CD `0 N 0,0 L OM O M O M co co '0O a CDM M N CD W500 _ N� N M l O N M M M M M M M N M M N N M C N N of W N M 0 s IN Ln U bin Imm no 12:00 AM 3:00 AM 6:00 AM 9:00 AM 12:00 PM 3:00 PM 6:00 PM 9:00 PM Year 02018 02019 02020 On View by Year and Hour of the Day Year 00:00 01:00 02:00 03:00 04:00 05:00 06:00 07:00 08:00 09:00 10:00 11:00 12:00 13:00 14:00 15:00 16:00 17:00 18:00 19:00 20:00 21:00 22:00 23:00 Total 2018 373 120 223 427 330 308 301 276 206 254 279 188 142 208 &401 403 407 437 _ 9049 2019 267 251 246 243 303 259 81 294 506 357 338 327 316 349 305 306 297 253 180 221 286 258 198 237 6678 2020 286 272 262 169 159 154 68 211 409 386 349 335 342 305 294 387 345 242 188 279 0 380 273 203 254 6552 Total 11223 1236 1178 1029 943 786 269 728 1342 1073 995 963 934 860 853 972 830 637 576 901 1069 938 838 1106 22279 On View by Day of the Week and Hour of the Day Day Name 00:00 01:00 02:00 03:00 04:00 05:00 06:00 07:00 08:00 09:00 10:00 11:00 12:00 13:00 14:00 15:00 16:00 17:00 18:00 19:00 20:00 21:00 22:00 23:00 Total Monday 143 145 146 105 114 123 38 116� 223 142 142 133 OX128 126 197 MIEW 133 129 W 105 48 131 3262 Tuesday 148 175 162 136 109 108 39 113 231 149 133 149 138 142 150 110 98 90 95 _81 57 71 198 3036 Wednesday 252 214 210 202 199 139 34 135 239 196 174 198 180 180 191 174 142 92 114 169 237 200 214 223 4308 Thursday 208 214 189 189 181 127 58 143 jo 230 217 198 198 180 178 204 141 80 88 139 169 180 137 170 4105 Friday 167 181 172 140 139 104 28 107 179 142 118 115 123 96 76 124 112 97 58 59 57 24 42 112 2572 Saturday 171 182 177 132 125 115 32 53 74 98 98 78 69 61 63 62 49 40 52 170 209 209 174 148 2641 Sunday 134 125 122 125 76 70 40 61 109 116 113 92 81 77 77 61 40 40 41 140 176 163 152 124 2355 Total 1223 1236 1178 1029 943 786 269 728 1342 1073 995 963 934 860 853 972 830 637 576 901 1069 938 838 1106 22279 ■ This report reflects the traffic stop activity based on call types for traffic violations (910) and reckless/overly aggressive driving (693/693R) along with DUI and aggravated DUI (692 and 692F) for all call sources (calls for service and on view). DESCRIPTION 2018 2019 2020 CIVIL CITATION - NO IR I 421 1200 1108 CIVIL CITATION *PROPERTY IMPOUNDED - IR GENERATED 8 23 24 CRIMINAL TRAFFIC CITE & RELEASE *PROPERTY IMPOUNDED 10 12 20 CRIMINAL TRAFFIC CITE & RELEASE NO PROPERTY IMPOUNDED I 16 23 32 DETAIL COMPLETED AS ASSISTING UNIT I 80 87 170 DETAIL COMPLETED AS PRIMARY UNIT 15 22 8 DETAIL COMPLETED VIA PHONE 2 4 INCIDENTAL CONTACT 1 1 9 INFORMATION RECEIVED 4 2 4 IR TAKEN IN ERROR 1 OFFENSE REPORT NO ARREST - NON TRAFFIC 6 6 9 OFFENSE REPORT SUPPLEMENT 3 5 15 OFFENSE REPORT WITH BOOKING - INCLUDES TRAFFIC / NON -TRAFFIC 8 5 9 OFFENSE REPORT WITH CITE & RELEASE - NON TRAFFIC 2 I� POLICE SERVICE REPORT 3 2 3 SUPERVISOR DUTIES 23 14 35 TOW TRUCK REQUEST OR CIVIL CITATION WITH VEHICLE TOW/IMPOUND UNABLE TO CONTACT VIA PHONE 7 8 1 UNABLE TO LOCATE / UNABLE TO CONTACT FOR SERVICE 9 5 14 WARNING ISSUED 337 818 1225 WARRANT ARREST - IR GENERATED (NO NEW CHARGES FILED) 1 Total 946 2235 2699 Disposition Categories by Year Year 1,000 2018 02019 500 2020 0 8 5 9 Arrest 28 35 52 Cite & Release (Criminal) Call Types by Year Description TRAFFIC VIOLATION - SPEEDING TRAFFIC VIOLATION - STOP SIGN - RED LIGHT TRAFFIC VIOLATION - NON-MOVING OTHER TRAFFIC VIOLATION - MOVING OTHER TRAFFIC VIOLATION TRAFFIC VIOLATION - EXPIRED PLATES TRAFFIC VIOLATION - SUSPENDED DRIVERS LICENSE RECKLESS DRIVING DUI TRAFFIC VIOLATION - CRIMINAL SPEED PROOF OF INSURANCE/MANDATORY INSURANCE SUSPENSION OVERLY AGGRESSIVE DRIVER TRAFFIC VIOLATION - INVALID REGISTRATION TRAFFIC VIOLATION - SEAT BELT TRAFFIC VIOLATION - SUSPENDED REGISTRATION CRIMINAL 28 (NON -SPEED) DUI - AGG. DUI BICYCLE STOP TRAFFIC VIOLATION - CHILD RESTRAINT TRAFFIC VIOLATION - FAILURE TO SIGNAL COMMERCIAL VEHICLE INSPECTION - COMMERCIAL VEHICLE INSPECTION LEVEL 1 ILLEGAL PARKING TRAFFIC VIOLATION - EXCESS TINTING Total 9 8 12 Report Taken 1230 1140 Traffic Citations (Civil) 2018 2019 2020 513 1423 1603 90 252 169 53 148 237 59 97 197 54 64 59 40 62 18 20 39 20 19 20 14 12 16 6 13 19 4 13 11 4 8 8 5 13 2 4 5 1 2 3 3 2 1 1 1 1 1 1 1 1 1 837 2129 2467 Warning 1225 Warrant Arrest h Traffic by Month 400 300 200 100 0 �0 Oeo Year 02018 02019 02020 Traffic by Hour Traffic by Day of Week 600 400 200 0 Monday Tuesday Wednesday Thursday Friday Saturday Sunday Year 02018 02019 402020 zoo A M A a 12:00 AM 3:00 AM 6:00 AM 9:00 AM 12:00 PM 3:00 PM 6:00 PM 9:00 PM Year 41112018 402019 402020 Traffic by Year and Hour of the Day Year 00:00 01:00 02:00 03:00 04:00 05:00 06:00 07:00 08:00 09:00 10:00 11:00 12:00 13:00 14:00 15:00 16:00 17:00 18:00 19:00 20:00 21:00 22:00 23:00 Total 2018 10 4 7 9 2 4 16 49 50 44, 32 29 33 52 48 43 31 16 837 2019 18 12 13 13 12 22 28 1251 116 75 84 109 88 43 33 2129 2020 42 29 16 9 7 10 20 85 JA 73 124 180 116 55 43 2467 Total 70 45 36 31 21 36 64 259 435 443 361 342 360 362 364 365 334 259 181 260 337 247 129 92 5433 Traffic by Day of the Week and Hour of the Day Day Name 00:00 01:00 02:00 03:00 04:00 05:00 06:00 07:00 08:00 09:00 10:00 11:00 12:00 13:00 14:00 15:00 16:00 17:00 18:00 19:00 20:00 21:00 22:00 23:00 Total Monday 6 2 2 2 6 6 8 41 56 47 37 36 42 35 37 32 146 3 V4 T 27jk36 11 7 13 568 Tuesday 10 6 9 5 3 2 22 51 39 31 45 44 52 52 49 48 37 23 8 7 678 Wednesday 7 7 6 1 2 5 10 51 77 77 51 74 71 77 81 879 54 39 32 17 14 1047 Thursday 9 5 3 3 9 22 64 __ 84 72 83 76 94 96 78 37 35 20 40 29 10 7 1088 Friday 6 4 7 5 2 4 5 38 61 61 43 40 55 44 31 55 66 50 22 22 22 6 8 14 671 Saturday 20 12 15 6 2 5 6 17 31 43 50 32 25 31 27 27 16 9 11 51 79 85 54 26 680 Sunday 12 9 6 5 1 4 11 26 58 65 65 43 40 47 42 19 16 17 10 37 71 61 25 11 701 Total 70 45 36 31 21 36 64 259 435 443 361 342 360 362 364 365 334 259 181 260 337 247 129 92 5433 ITEM 7. A. TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Date: 03/02/2021 Meeting Type: Town Council Regular Meeting Agenda Type: Consent Submitting Department: Administration Prepared by: Elizabeth A. Burke, Town Clerk Staff Contact Information: Elizabeth A. Burke, Town Clerk Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION OF approving the meeting minutes of the Regular Meeting of February 16, 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 16, 2021. SUGGESTED MOTION MOVE to approve the minutes of the Regular Meeting of February 16, 2021. 2021.0216.TCRM . Minutes Attachments Form Review Inbox Reviewed By Date Town Manager Grady E. Miller 02/18/2021 09:38 AM Form Started By: Elizabeth A. Burke Started On: 02/18/2021 09:00 AM Final Approval Date: 02/18/2021 TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR MEETING OF THE FOUNTAIN HILLS TOWN COUNCIL FEBRUARY 16, 2021 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE — Mayor Dickey Mayor Dickey called the meeting of February 16, 2021, to order at 5:30 p.m. and led the Town Council and audience in the Pledge of Allegiance. 2. MOMENT OF SILENCE A Moment of Silence was held. 3. ROLL CALL — Mayor Dickey Present: Mayor Ginny Dickey; Vice Mayor David Spelich; Councilmember Mike Scharnow; Councilmember Peggy McMahon; Councilmember Gerry Friedel; Councilmember Alan Magazine; Councilmember Sharron Grzybowski Staff Town Manager Grady E. Miller; Town Attorney Aaron D. Arnson; Town Clerk Present: Elizabeth A. Burke 4. REPORTS BY MAYOR, COUNCILMEMBERS AND TOWN MANAGER Town Manager Grady Miller reported that they went through the selection process with the Maricopa Council of Governments (MAG) on regional transportation projects and arterial freeways in Proposition 400, and they made the cut for three projects-2 widening on Shea and the reconstruction of Palisades from Shea down to Saguaro. He said that these were three of the five projects submitted. Councilmember Friedel said that he was recently appointed to the MAG Regional Domestic Violence Council. He has learned some interesting things and they are working on some things. Councilmember Grzybowski reported that EPCOR recently did a series of community meetings regarding their rate change proposal which she attended along with a meeting of the Fountain Hills Bioliphic Cities. She attended a presentation by the Arizona Association of Economic Development on the current state of economic development and the changing face of site selection. She also attended the Phoenix/East Valley Economic Development/Aviation Committee meeting. Lastly, she attended a meeting of the National League of Cities on the Role of Municipal Leaders in Addressing Disparities. Councilmember Scharnow reported that he attended a Chamber ribbon cutting for SendOutCards, held at the Chamber patio, and also attended a Traffic and Safety Committee meeting at which they got a lot accomplished. Mayor Dickey welcomed him along with Councilmember McMahon on joining the committee. Town Council Regular Meeting of February 16, 2021 2of10 Mayor Dickey said that she had a talk with Senator Mark Kelly on the COVID relief, talking about infrastructure, including Wifi. She said that it was great to have that open communication. She said that she appreciated the residents that are anxious about vaccines. They are trying every day, along with the Fire Chief, to get a popup site locally. She said that some of the grocery stores and doctors are starting to administer the vaccine. She said that they are regularly reevaluating the Town's COVID protocol and numbers are really getting better every day. She, along with Manager Grady and Community Services Director Rachael Goodwin will continue to evaluate to see what, if any, changes can be made. She said that there are several cities that have not had an open meeting since last March. She said that Fountain Hills has had several in -person meetings and does not feel they have been hiding anything by having the virtual meetings for the public. She said that residents may continue to visit azadhs.gov/findvaccine or the overall 211 number. A. PROCLAMATION - March 1, 2021, as COVID-19 Memorial Day Mayor Dickey read a proclamation proclaiming March 1, 2021 as COVID-19 Memorial Day. 5. SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS A. STATUS REPORT from John Craft, Chairman of the Strategic Planning Advisory Commission. Mr. Miller introduced John Craft, Chairman of the Strategic Planning Advisory Commission (attending telephonically). Chairman Craft said that he was nominated as Chairman in the late fall of 2019; they have added three new members since his last report. He said that because of the new members, they began to think about what is really important to move forward, from a planning pespective. He wanted everyone working from the same page. He added that Mr. Miller has provided a lot of direction. He said that they began the process in early 2020, going through an orientation, review of the 2017 Current Plan, reviewed what they did well and what they missed. He said that three of the newest members asked to review the SWAT; they felt it was time to have it updated. At the same time, they spent time looking at their process with the recently -passed General Plan. He said that a few of them, Peter Bordow and himself, have been interacting on a regular basis with Vision Fountain Hills. He said that they are still moving forward, but on three cylinders instead of four. He said that the first thing they wanted to do was establish some plan basics. They agreed that anything they want to move forward with should be 1) managable, 2) measurable; and 3) attainable. With that understanding, they began to work forward to develop a basic understanding of 2021. It must encompass strengthening community and improving quality of life. He said that once COVID hit, they created work groups with two to three members of the Commission that identified priorities: 1) continue to maintain infrastructure, with an emphasis on digital capacity; 2) financial sustainability; and 3) improve overall comunity's health, well-being; and safety. Town Council Regular Meeting of February 16, 2021 3of10 He said that as they move forward with those priorities, they are working with the Chamber, FHCCA, political groups, etc. to help them form an understanding. For those that were able to participate in the Vision Fountain Hills survey in 2020, they recognized that as well. It was launched in late summer and closed mid -fall, with over 600 respondents. Much of those responses were geared around looking at specific assets and services and having the individuals necessary to do that work, how important they are and how well they are doing. Mr. Craft said that much of that information was helpful for them in identifying specific strategies. The format right now is to move forward with the recognition that the 2017 Plan still has some in progress or have not been addressed. Whether they put them in the basket or roll them over is what they are doing. In addition, through the work groups they have been identifying signature strategies such as digital and economic development, and those will be incorporated into the plan as they move forward. He said that they still hope to get additional community feedback. The challenge is getting people interested and participating in virtual meetings due to COVID. He said that they have been looking at virtual focus groups and have several ideas. They want to move forward, similar to what Parks and Recreation did with their survey. They hope to have the initial round of focus groups completed by early April so they can get something to Council in May or June, with enough information to assist in budget planning. Mr. Miller said that the way he has outlined next steps is outstanding. Despite setbacks, there is a high energy level on the part of members. They have some ideas and have narrowed down the top four priorities, which were all important. Mayor Dickey said that the partnership between SPAC,Vision Fountain Hills, the Council and the public has been a positive force. She said that the Town Council is having their Retreat on February 23 at 8:30 a.m. They are doing it online and she hoped that people would watch to see what they are talking about. She said that the Council appreciated all that the Commission does. 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. MOVED BY Councilmember Alan Magazine, SECONDED BY Councilmember Peggy McMahon to approve the Consent Agenda items. Vote: 7 - 0 Passed - Unanimously A. CONSIDERATION OF approving the meeting minutes of the Regular Meeting of February 2, 2021. Town Council Regular Meeting of February 16, 2021 4 of 10 7. REGULAR AGENDA A. CONSIDERATION OF agreement C2021-033 between the Town of Fountain Hills and Precision Sweeping Services, LLC, for street sweeping services. Mr. Miller said that several years ago the Town used to provide this service, but after an evaluation of services versus outsourcing they found it was much more economical through outsourcing. Mr. Weldy said that their first RFP went unanswered so they reached out to other cities. They were able to convince a vendor from another city to come on board and those contracts have now ended for various reasons. The contract being proposed is through the City of Mesa. He said that they invited the vendor out and discussed the Town's needs with them and they sent a proposal. Having read it and sharing it with the Town Manager and Finance Director, they believe it is in the best interest of the Town, and is affordable. He said that it is important to note that while the contract is higher than what they charge Mesa, the Town has about 1,200 center lane miles, while Mesa has 16,000. The negotiated price is about $62/center line mile; the previous contract was $60. While the overall cost for the center line miles is $80,000 staff is requesting $90,000 as they would also have them available for emergency sweeping, such as special events, or storms. He said that they are on -call and do not charge a minimum fee like the previous vendor did (4 hour minimum). This one also is about $10/hour less than what they had in the past. Councilmember Scharnow said that he knew that in the past when the Town did this work they had to dispose of the waste in a special piece of equipment kept at the yard. He asked if they would be using that or if they would dispose of it. Mr. Weldy said that in the past, in order to comply with state and county regulations, they had a "car wash" and they could not clean or rinse anywhere except for an approved container. In this case, they will place a dumpster at the street yard. Once it is full it will be shipped to an approved landfill. Councilmember McMahon asked what they are doing right now. Mr. Weldy said that they are currently using the previous sweeping service. They do residential streets every eight weeks and arterials/collectors every three weeks. He said that once this contract is approved, they will send them a Notice to Proceed along with a purchase order and they will begin within the next few weeks. MOVED BY Councilmember Mike Scharnow, SECONDED BY Councilmember Peggy McMahon 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 Vote: 7 - 0 Passed - Unanimously B. CONSIDERATION OF Authorizing the Town Manager to execute a contract for the emergency replacement of playground equipment in Fountain Park. Town Council Regular Meeting of February 16, 2021 5of10 Mr. Miller said that due to some failing children's playground equipment at Fountain Park it needs to get replaced quickly. Usually they would have the Town Manager do an emergency purchase, but since they had time to bring this to the Town Council they decided to do that. Community Services Director Rachael Goodwin said that they found some damage at the Fountain Park playground that poses a safety concern. The replacement piece far exceeded what wa expected and they could see there were other elements coming down the pike. They identified that they have the funding to replace the full piece vs. piecemealing it. The equipment was installed in 2005 and life spans for such equipment in the desert is usually around 12 years. It is the most heavily used facility in Town, and it is used yearround. She then showed pictures of the damaged pieces which included the stairs and rusting at points. She said that they do playground inspections every two months. She said that staff is recommending that the entire structure be replaced. What they are proposing is a much larger structure than they have now and accommodates more kids. She said that they have been working with the developer and they have discounted the new structure and realize it needs to be done quickly. Councilmember McMahon asked about the shade canopies. Ms. Goodwin noted that the picture showing the new equipment includes small shade canopies, but they would not be included since they are already covered by a huge shade structure over the entire playground. Councilmembere Friedel asked what effect the sun has on the equipment and if there is a process or product to help mitigate that. Ms. Goodwin said that to her knowledge that is why they do the large shade canopies as to extend the life of the equipment. The products have come a long way and there are built-in UV strategies. Mr. Miller said that they are fortunate that while the climate is hard, plastic holds up pretty good and is not hot. Where they have had the failures is with the structural parts. MOVED BY Councilmember Sharron Grzybowski, SECONDED BY Councilmember Mike Scharnow 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 Vote: 7 - 0 Passed - Unanimously C. CONSIDERATION OF modifications to the draft sign ordinance. Mr. Miller said that the Council heard a presentation at the January 19, 2021, Council meeting from the Development Services Director, John Wesley, on a proposed Sign Ordinance. He said that tonight they will be reviewing some issues that were raised at that meeting, and he believed that it will take a few more meetings before staff is able to bring back a final document for a public hearing and possible adoption. Mr. Wesley added that depending on what changes the Council requests, he will need to get with the Town Attorney to determine whether those changes will first need to be taken back to the Planning and Zoning Commission. He then began his presentation which addressed: Town Council Regular Meeting of February 16, 2021 6of10 A -FRAME CONSTRUCTION/MATERIALS Discussion was held on proposed changes being subjective rather than objective. Council agreed to not list those materials that would not be permitted. Ultimately, Council agreed to not change the current wording. TIME OF USE FOR TEMPORARY SIGNS Discussion was held on the fact that some businesses take down temporary signs when they are not open, while others keep them up. The Council discussed whether they want to allow for any type of signs in the rights -of -way. Mr. Arnson said that his recommendation is that if they want to pursue prohibition of signs, realizing there may be some unintended consequences, the Council could direct staff to research what Gilbert and others do with those. Vice Mayor Spelich said that he was not in favor of doing anything that will hurt businesses. He went to a bakery over the weekend and they told him that a lot of their business is because of their signs. As well, others like Chocofin and the Vitamin Center, rely on those signs for business. Mr. Wesley noted that the Code today allows the temporary signs. Councilmember Grzybowski said that she agreed. If businesses have to move their signs back off of the right-of-way they will not be seen. She suggested that perhaps they could allow it in the Downtown Area. Councilmember Scharnow said he understood what they were saying and cannot say he disagreed, but it becomes a no -win situation. If they cannot differentiate between the types of signs it makes it difficult as he does not want to hurt businesses, but he also does not want a bunch of signs. Councilmember Magazine asked if they could require a permit process. Mr. Arnson said that he did not know what would prohibit it. Mayor Dickey said that Gilbert requires a permit. Councilmember Grzybowski said that then they are asking the businesses for money and turning it back into a more subjective system. Mayor Dickey suggested that staff look further into what Gilbert does; they would not need to charge for the permit and there may be answers to be found. Councilmember Scharnow agreed. He said that if it came down to no a -frames or requiring a permit, he did not think that a permit would jeopardize anyone's business. Mr. Wesley said that they could look at allowing them in the shopping center overlay district, having different standards in other zones. RESIDENTIAL DIRECTIONAL SIGNS Vice Mayor Spelich said that if they required a permit, they could have a sign that would be allowed given by the Town so they would all be uniform. Mr. Wesley said that is an idea, or they could show them samples. He could work with Mr. Larson. Councilmember Magazine said that was a great idea. Councilmember Grzybowski asked if they had talked with the realty community about numbers. Mr. Wesley said that he had not directly, but Commissioner Dempsey is a realtor and she was supportive of the proposed number. BANNER PERMITS FLAGS AND FLAGPOLES Town Council Regular Meeting of February 16, 2021 7of10 Mr. Wesley said that the pole height is determined by the size of the property and if they were to fall they have to fall on private property. Vice Mayor Spelich said that he personally knows of five residences that have a flag pole in the front and in the back; he asked how they would handle that. Mr. Wesley said that anything already in place would be grandfathered but if they were to fall, they could not be replaced. Mr. Miller asked about Town properties; they need consideration of various governmental businesses. Councilmember Friedel asked about the Legion and those types of facilities. FLAGS VS. BANNERS Discussion was held on temporary banners and whether paper should be permitted. Councilmember Magazine said that he was okay with it, but he thought the time should be lengthened. Mayor Dickey said that she felt it would be self-limiting. Councilmember Scharnow said that this past political season they saw a lot of banners. Mr. Wesley said that currently the Code does not allow any banners in single-family residential areas. Councilman Scharnow said that he did not believe they should change it. Councilmember Magazine said that as patriotic as he is, he would not want to wake up and see a huge American flag on the neighbor's house. Mayor Dickey said that she would like to see them keep the pole requirement. Vice Mayor Spelich said that if he lived in a Condo and wanted to hang up a flag, he would be opposed to the change. The Town Council was okay with leaving it as it is for now. POLITICAL SIGNS Councilmember Magazine asked how this would affect restrictions in HOA's; it would be helpful to get clarification. Mr. Wesley said that currently they do not allow them in the medians or frontage road medians, and that would apply to this as well. Mayor Dickey noted that the statutes do have time limits on when political signs can go up. If they treated every sign like that they would have that same time limit. She said that when the statute was changed to allow them in the right of way, towns were also allowed to have a Sign Free Zone. The Town currently has one that covers the major arterials and it still applies. Technically, she said, they do not have to allow political signs in the rights -of -way within the Sign Free Zone. They would still be permitted in other zones. Mr. Wesley said that currently they are not proposing changes to balloons and neon signs, and electronic signs. He said that when they took the draft Code to the Planning and Zoning Commission they worked with sign companies to see if they would reduce the 100 nits, but all agreed the 100 nits is what is needed. Staff was asked if they were able to limit the number of electronic signs within an area. Mr. Wesley said that as long as they are regulating time, place or manner they could, but outside of that it is more difficult. Councilmember Magazine asked that staff look into that further. He said that this is all very complicated stuff and he thanked Mr. Wesley and his staff, noting that they had done a superb job. Town Council Regular Meeting of February 16, 2021 8of10 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. Mayor Dickey said that anyone that has been on the League calls knows that they have added even more bills. Mr. Miller said that the call this morning they heard about one for the first time: SB1687 would prohibit governmental use of social media with its residents or people. After a brief discussion Council agreed to oppose this bill. HB2211 Mr. Miller said that this continues to come back trying to apply sales tax at the point of sale, which would have a large impact on the Town. The League believes this is a bad public policy. Council agreed to oppose this bill. H132685, HB2458 and SB1428 Council agreed to support these bills. SCR1040, eliminating the income tax. HB2716, building permits. Mr. Miller said that this bill requires towns to approve building permits within seven days and they cannot be prioritized. Council agreed to oppose this bill. Councilmember Magazine asked for clarification on HB2551. Mr. Arnson said that his understanding of the bill is that currently statutes prohibit anyone from bringing in a firearm to an establishment unless there is a locker in place. This bill would change that requirement that anyone who brings a deadly weapon into a public event or facility would be allowed with a few exceptions such as a secured facility, court, etc. He said that the Town could not prohibit someone from bringing in a weapon unless they had some sort of safety protocol. After statistics were shared with the Council, Vice Mayor Spelich said that he was not familiar with the bill but the statutes strictly govern concealed weapons. He would be shocked if the offenders are people that have Concealed Carry Weapon certification. If it limited those with a CCW he would not support it at all. Councilmember Magazine said that he was quite sure that the training has been eliminated. Discussion was held on the required training to own a gun. Councilmember Grzybowski reviewed what steps she took in order to obtain a CCW. Councilmember McMahon said that she did not understand the need for the bill. Mayor Dickey asked why this would be exempted for courts. Vice Mayor Spelich said that there is no courtroom without security. Even if someone is in plain clothes, and has a CCW, they will not get past the guard. Mayor Dickey said that this is a dangerous thing to Town Council Regular Meeting of February 16, 2021 9of10 allow in a courtroom. She did not understand why they are exempt if not for the idea that they are dangerous. She thought that it is a dangerous idea to allow them in Town Hall and at public events. Vice Mayor Spelich asked Mayor Dickey if she thought people were not bringing guns to those places. MOVED BY Mayor Ginny Dickey, SECONDED BY Councilmember Peggy McMahon to oppose the bill (HB2551). Vote: 4 - 3 Passed NAY: Vice Mayor David Spelich Councilmember Mike Scharnow Councilmember Gerry Friedel Councilmember Magazine brought up the bill regarding school vouchers. He said that it is taking money away from the public schools when they already have tremendous problems with teaching shortages. Councilmember Grzybowski asked if this was not the question that voters voted on in 2018. Councilmember Scharnow asked if this was not something that should be taken up by the School Board. Councilmember Magazine said that it affects their students and families and he did not think they should draw a line between what the School Board and Town Council can do. They are sworn to protect the health, welfare, and safety of residents. Vice Mayor Spelich said that he would abstain from voting as he was employed by the Arizona Department of Education. Councilmember Magazine said that he read it many times over and they have hundreds of people teaching that do not have certificates. Vice Mayor Spelich said that if someone teaches in a public school in Arizona, they have to be certified; charter schools are different. Mayor Dickey reported that Representative Kavanagh's bill, HB2481, regarding short-term rentals got out of committee and anything anyone can do to support it would be good. MOVED BY Councilmember Alan Magazine, SECONDED BY Councilmember Sharron Grzybowski to oppose the bill. Vote: 6 - 0 Passed - Unanimously 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. Councilmember Friedel said that several people have reached out to say they would like to have the Council hold meetings in the Community Center so there would be enough room for the public to attend, following the social distancing guidelines. Vice Mayor Spelich said that he agreed. Vice Mayor Spelich said that the Council received a letter regarding the signs around Town being in bad shape, which they are, and he would like to have staff price out their Town Council Regular Meeting of February 16, 2021 10of10 replacement. Mr. Miller said that they are fine-tuning the CIP and it will be discussed at the Budget Retreat. 9. ADJOURNMENT The Regular Meeting of the Fountain Hills Town Council held February 16, 2021, adjourned at 7:50 p.m. MOVED BY Councilmember Sharron Grzybowski, SECONDED BY Councilmember Alan Magazine 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 16th day of February, 2021. 1 further certify that the meeting was duly called and that a quorum was present. DATED this 2nd day of March, 2021. Elizabeth A. Burke, Town Clerk ITEM 7. B. TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Date: 03/02/2021 Meeting Type: Town Council Regular Meeting Agenda Type: Consent Submitting Department: Community Services Prepared by: Linda Ayres, Recreation Manager Staff Contact Information: Rachael Goodwin, Community Services Director Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION OF approving a Special Event Liquor License application for the Fountain Hills VFW Post 7507 for a beer garden in conjunction with the Fountain Festival of Arts and Crafts on April 9-11, 2021 Staff Summary (Background) The purpose of this item is to obtain Council's approval regarding the Special Event Liquor License application submitted by Boris Biloskirka, representing the Fountain Hills VFW Post 7507 for submission to the Arizona Department of Liquor. The applicant and Fountain Hills VFW are keenly aware that the final issuance of a liquor license as well as approval to hold the Fountain Festival of Arts and Crafts on April 9-11, 2021, is contingent upon the state, county, and local ordinances and guidelines as it relates to public health and the COVID-19 pandemic. Furthermore, the applicant and Fountain Hills VFW understand the Avenue of the Fountains may not be able to serve as the venue and that the Fountain Festival of Arts and Crafts event is subject to cancellation. The applicant and VFW wish to obtain Council approval for the liquor license application as an administrative step, in anticipation of the Arizona Department of Liquor License and Control resuming this service and understands issuance of special event liquor licenses may not resume prior to the event date of April 9, 2021. All special event liquor license applicants are required to submit an application and pay a $25 fee for processing. Once the fee is paid and the application is reviewed by Town staff, the application is forwarded to the Town Council for its review and consideration. After the application is approved by Town Council, the applicant will bring the signed paperwork to the Arizona Department of Liquor, and be issued a physical license to be displayed for the duration of the event. The special event liquor license application was reviewed by staff for compliance with Town ordinances and staff unanimously recommends approval of the application as submitted. Related Ordinance, Policy or Guiding Principle A.R.S. §4-203.02; 4-244; 4-261 and R19-1-228, R19-1-235, and R19-1-309 Risk Analysis The VFW would comply with COVID safety protocol requirements outlined by the Fountain Hills Chamber of Commerce for the Fountain Festival of Arts and Crafts. Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends approval. SUGGESTED MOTION MOVE to approve the Special Event Liquor License. Attachments G:\Special Events\Liquor Apps\2021 Form Review Inbox Reviewed By Community Services Director Rachael Goodwin Finance Director David Pock Town Attorney Aaron D. Arnson Town Manager Grady E. Miller Form Started By: Linda Ayres Final Approval Date: 02/18/2021 Date 02/11/2021 11:47 AM 02/11/2021 12:38 PM 02/18/2021 07:41 AM 02/18/2021 07:54 AM Started On: 02/08/2021 12:45 PM DLLC USE OKY rd Date: IMPORTANT_ INFORMATION: This document must be fully completed or it will be retumed. The Department of Liquor Ucenses and Control must receive this application ten 1101 business days prior to the event. SECTION 1 Applicant must be a member of a qualifying nonprofit organization, political party, or Govemment entity and authorized by an Officer, Director, or Chairperson of the Organization. 1. Applicant: Biloskirka Boris Last nrst MhMe "a or Birth 2. Applicant's mailing address: AZ 85268480 _ Street City state Zip 3. Applicant's home/cell phone:) Applicant's business phone: (_) 4. Applicant's email address: SECTION 2 Name of Organization, Candidate or Political Party/Gov.: Fountain Hills VFW Post 7507 Veterans of Foreign Wars SECTION 3 Non-Profit/IRS Tax Exempt Number: 501(C)19; 74-2514547 SECTION a Event Location: Fountain Hills Great Fair Event Address: Saguaro Blvd and Ave. Of The Fountain, Fountain Hills, AZ SECTIQUA Dates and Hours of Event. Days must be consecutive but may not exceed 10 consecutive days. See A.R.S. § 4-244(15) and (17) for legal hours of service. PLEASE FILL OUT A SEPARATE APPLICATION FOR EACH "NON-CONSECUTIVE"DAY Event Event Numbers of Date Day of Week Start Time End Time Attendees AM/PM AM/PM (Each Day) DAY 1: April 9, 2021 Friday 8;00 AM 8:OOPM 400 DAY 2: April 10, 2021 Saturday 8:OOAM 8:00PM 400 DAY 3: April 11, 2021 Sunday 8:OOAM 8:OOPM 400 DAY 4: DAY 5: DAY 6: DAY 7: DAY 8: DAY 9: DAY 10: 12/I/2020 Page 1 of 4 Individuals requ€ring ADA accommodations call (602)542-2999 SECTION b What type of security and control measures will you take to prevent violations of liquor laws at this event? (List type and number of police/security personnel and type of fencing or control barriers. N applicable.) 0 Number of Police 3 Explanation: Number of Security Personnel ✓kencing ElBarriers Rope barrier around the perimater of the Beer Garden with two entrances. Guard at each entrance. Roaming guard trough the Beer. SECTION 7 Will this event be held on a currently licensed premise and within the already approved premises? ❑Yes ✓❑No (If yes, Local Governing Body Signature not required) Name ef Business License Number Phone (Indude Area Code) SECTION 8 How is this special event going to conduct all dispensing, servingr and selling of spirituous liquors? Please read R-19- 318 for explanation and check one of the following boxes. [RIPlace license in non-use ❑Dispense and serve all spirituous liquors under retailer's license ❑Dispense and serve all spirituous liquors under special event ❑Sprit premise between special event and retail location (IF USING RETAIL LICENSE, PLEASE SUBMIT A LETTER OF AGREEMENT'FROM THE AGENT/OWNER OF THE LICENSED PREMISES TO SUSPEND OR RUN CONCURRENT WITH THE PERMANENT LICENSE DURING THE EVENT. IF THE SPECIAL EVENT IS ONLY USING A PORTION OF THE PREMISES, AGENT/OWNER WILL NEED TO SUSPEND THAT PORTION OF THE PREMISES.) SECTION 9 What is the purpose of this event? ❑✓ On -site consumption ❑Off -site (auction/wine/distilled spirits pull) moth SECTION M 1. Has the applicant been convicted of a felony, or had a liquor license revoked within the last five (5) years? O es ✓kEa (It yes, attach e.planatI n.) 2. How many special event days have been issued to this organization during the calendar year? 0 (The number cannot exceed 10 days per year.) 3. Is the Organization using the services of a Licensed Contractor? ❑YesONo If yes, please provide the following: Name of Licensed Contractor: 4. Is the organization using the services of a series 6, 7, 11, or 12 licensee to manage the sale or service of alcohol? ❑Ye50No If yes, please provide the following: Name of Licensee License #: 5. List all people and organizations who will receive the proceeds. Account for 100% of the proceeds. The organization applying must receive 25% of the gross revenues of the special event I quor sales. Attach an additional page if necessary. Name F•H.rs VFW Post 7507 Address 9624 N. Monterey Dr. Fountain Hills, AZ 85268 Name Percentage: 100% Percentage: Address r_ street CRY T Stete 21p 12/1/2020 Page 2 of 4 Individuals requiring ADA accommodations call (602)542-2999 Please read A.R.S. § 4-203.02 Special even) license: rules and R19-1-205 Requirements to" Special Event License. Note: All ALCOHOLIC BEVERAGE SALES MUST BE FOR CONSUMPTION AT THE EVENT SITE ONLY. NO ALCOHOLIC BEVERAGES SHALL LEAVE A SPECIAL EVENT _UNLESS THEY_ARE.IN-AU ON WINE OR DISTILLED SPIRITS, PIII! sue` CONTAINERS OR THE SPECIAL EVENT LICENSE IS STACKED WITH WINE /CRAFT DISTIjLFjjx, FESTIVAL LICENSE, SECTION 11 License premises diagram. The licensed premises for your special event is the area in which you are authorized to sell, dispense or serve alcoholic beverages under the provisions of your license. Please attach a diagram of your special event licensed premises. Please show dimensions, serving areas, fencing, barricades, or other control measures and security position. #A 4 9 1•4 ACA M- iA r x i s ' x Ar JIL4iin 0 if the special event will be held at a location without a permanent liquor license or If the event will be on any portion of a location that is not covered by the existing liquor license, this application must be approved by the local government before submission to the Department of Liquor Licenses and Control. Please contact the local governing board for additional application requirements and submission deadlines. Additional licensing fees may also be required before approval may be granted. For more information, please contact your local jurisdiction. Attestation for Special Events Licenses Executive Order ("E.O.") 2020-59 Further Mitigation Requirement for Events On December 2, 2020 Governor Ducey issued E.O.2020-59, Further Mitigation Requirement for Events. Pursuant to E.O.2020- 59, beginning on December 3rd, an applicant for a series 15, Special Event License or series 16, Festival/Fair License are required to submit an attestation acknowledging that public health requirements issued by ADHS will be followed by attendees and enforced by event organizers prior to receiving the license. I hereby attest, by submitting this form, that as the applicant listed below I acknowledge that I understand that as a condition of the series 15, Special Event License or series 16, Festival/Fair License issued to me by the DLLC. I shall ensure compliance with the applicable requirements issued by ADHS and any other requirements or guidelines incorporated therein related to mitigating the transmission of COVID-19 during my event, including that as the event organizer I will implement and enforce the following: At all times: • Require the use of masks at all times by event organizers, staff and attendees except while actively eating or drinking. • Promote healthy hygiene practices. • Ensure cleaning and disinfection practices and ventilation. • Ensure adequate supplies of hand sanitizer and cleaning supplies. • Monitor all persons in the business premises for sickness. • Ensure physical distancing by spacing chairs and tables at least 6 feet apart, • Limit the congregation of groups during the event. • Eliminate instances where attendees serve their awn food. By submitting this attestation, the applicant is agreeing to meet the applicable guidance in the ADHS Requirements for thebusiness located at www.azhealth.aov/businesscovidl9, as may be updated or modified from time -to -time. Notwithstanding the submission of this attestation, if DLLC becomes aware of actions taken by the applicant that may take jeopardize the health, safety, and welfare of the public or that the representations in this attestation are false, DLLC additional action as necessary to protect the health, safety and welfare of the public. To review up-to-date informoffon regarding ADHS' emergency response to COVID-19 and information for businesses, please visit www.azhealth.aav/businesscovidl 9. I, (Print Full Nome) Boris Biloskirka hereby swear under penalty of perjury and In compliance with A.R.S. § 4-210(A)(2) and (3) that I have read and understand the foregoing and verify that the Informatl n and statements that I have made herein are true and correct to the best of my knowledge. Applicant Signature: _ 12/112020 Page 3 of 4 Individuals requiring ADA accommodations call (602)542-2999 4 v4 . o r-- FoUNrr+INS FOUNTAIN FILLS FAER BEER GARDEN MAIN LOCATION; SAGUARO BLD. AND AVE. OF THE FOUNTAINS FOUNTAIN HILLS, AZ. v;W7"kA,v6:5 j,t!FXlT - — f- �o P e r G! G- 1 1 LOCAL GOVERNING BOARD Date Received: I, (Government ollitioo On behalf of (Cay, Town, County) DLLC USE ONLY recommend ❑APPROVAL ❑ DISAPPROVAL Siynohxe Date Phone ❑APPROVAL ❑DISAPPROVAL BY: DATE: I A.R.S. § 41-1030. Invalidity of rules not made according to this chapter, Prohibited agency action. Prohibited octs by state employees: enforcement -notice B. An agency shall not base a licensing decision in whole or in part on a licensing requirement or condition that is not specifically authorized by statute, rule or state tribal gaming compact. A genera) grant of authority in statute does not constitute a basis for imposing a licensing requirement or condition unless a rule is made pursuant to that general grant of authority that specifically authorizes the requirement or condition. D. THIS SECTION MAY BE ENFORCED IN A PRIVATE CIVIL ACTION AND RELIEF MAY BE AWARDED AGAINST THE STATE. THE COURT MAY AWARD REASONABLE ATTORNEY FEES, DAMAGES AND ALL FEES ASSOCIATED WITH THE LICENSE APPLICATION TO A PARTY THAT PREVAILS IN AN ACTION AGAINST THE STATE FOR A VIOLATION OF THIS SECTION. E. A STATE EMPLOYEE MAY NOT INTENTIONALLY OR KNOWINGLY VIOLATE THIS SECTION. A VIOLATION OF THIS SECTION IS CAUSE FOR DISCIPLINARY ACTION OR DISMISSAL PURSUANT TO THE AGENCY'S ADOPTED PERSONNEL POLICY. F. THIS SECTION DOES NOT ABROGATE THE IMMUNITY PROVIDED BY SECTION 12-820.01 OR 12-820. 12/ 1 /2020 page 4 of 4 Individuals requiring ADA accommodations call (602)542-2999 i I UVI /. L TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Date: 03/02/2021 Meeting Type: Town Council Regular Meeting Agenda Type: Consent 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 a Map of Dedication for the dedication of easements and right-of-way associated with the development of the Fountain Hills Medical Center located at the northwest corner of Saguaro Boulevard and Trevino Drive. Staff Summary (Background) As part of the development of the property at the northwest corner of Saguaro Boulevard and Trevino Drive right-of-way for Trevino Drive and several easements needed to be dedicated. The approval of the site plan for this development (SP19-03) required the dedication of the associated right-of-way and easements. The Map of Dedication (MOD) is the instrument used to make the dedications. The attached MOD titled Fountain Hills Medical Center has been reviewed by the Town Engineer and provides the dedications needed. Related Ordinance, Policy or Guiding Principle N/A Risk Analysis Not approving these dedications would have street, utility and drainage facilities without the proper easements for long term maintenance. Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends approval of the MOD. SUGGESTED MOTION MOVE to approve the Map of Dedication for Fountain Hills Medical Center. Attachments MOD Cover Sheet Hospital MOD Form Review Inbox Reviewed By Date Development Services Director (Originator) John Wesley 02/18/2021 08:59 AM Form Started By: John Wesley Started On: 02/11/2021 04:38 PM Final Approval Date: 02/18/2021 A I-v yij: [qgsy I 1_1 1] 4 1] [qA,,j j [1j,1 CONVEYANCE AND DEDICATION KNOW ALL MEN BY THESE PRESENTS THAT WITNESS FH C LLC, AN ARIZONA LIMITED LIABILITY COMPANY, AS OWNER, HAVE SUBDIVIDED UNDER THE NAME OF FOUNTAIN HILLS MEDICAL CENTER MAP OF DEDICATION, A PORTION OF THE SOUTHWEST QUARTER SECTION 2, TOWNSHIP 3 NORTH, RANGE 0 EAST, OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA, OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA AS SHOWN PLATTED HEREON, AND HEREBY PUBLISHES THIS PLAT AS AND FOR THE PLAT OF SAID FOUNTAIN HILLS MEDICAL CENTER MAP OF DEDICATION, AND HEREBY DECLARES THAT SAID PLAT SETS FORTH THE LOCATION AND GIVES THE DIMENSIONS OF ALL LOTS, EASEMENTS, TRACTS AND STREETS CONSTITUTING THE SAME, AND THAT EACH LOT, TRACT AND STREET SHALL BE KNOWN BY THE NUMBER, LETTER AND NAME GIVEN EACH RESPECTIVELY, AND THAT FH C LLC, AN ARIZONA LIMITED LIABILITY COMPANY, AS OWNER, HEREBY DEDICATES TO THE TOWN OF FOUNTAIN HILLS FOR USE AS SUCH THE STREETS AND HEREBY DEDICATES TO THE TOWN OF FOUNTAIN HILLS THE DRAINAGE AND PUBLIC UTILITY EASEMENTS AS SHOWN ON SAID PLAT, SITE SHALL HAVE A BLANKET EMERGENCY VEHICULAR ACCESS EASEMENT ACROSS THE PROPERTY DEDICATED TO THE TOWN OF FOUNTAIN HILLS IN WITNESS FH C LLC, AN ARIZONA LIMITED LIABILITY COMPANY, AS OWNER AS HEREUNTO CAUSED ITS NAME TO BE SIGNED AND THE SAME TO BE ATTESTED BY THE SIGNATURE DESIGNATED SIGNATORY TITLE BY.- FHMC LLC, AN ARIZONA LIMITED LIABILITY COMPANI In I 0 DATE. �17 ZI ss COUNTY OF MARICOPA ) sow t ON THIS, THE 7 DAY OF 1.3 QLVj��t� �8, BEFORE ME THE UNDERSIGNED OFFICER PERSONALLY APPEARED �`_�ltot wueme-ko, E=z..eL.4,MR, ,WHO ACKNOWLEDGED THAT HE/SHE EXECUTED THE FORGOING INSTRUMENT FOR THE PURPOSE CONTAINED THEREIN. IN WITNESS WHEREOF I HEREUNTO SET MY HAND AND OFFICIAL SEAL, MELISSA MCHENRY INotM Public - Stye of AfIzow MARICOPA COUNT,r Commission # 585712 ` Expires August 20, 2024 NOTES. 1, *`* APPARENT SCRIVENE 'S ERROR: PARAGRAPH 9 OF THE LEGAL DESCRIPTION READS: "THENCE SOUTH 89 DEGREES 20 MINUTES 00 SECONDS WEST, A DISTANCE OF 111.13 FEET TO THE BEGINNING OF A TANGENT CURVE BEING CONCAVE NORTHERLY AND HAVING A RADIUS OF 175,00 FEET,' 2® PARAGRAPH 9 OF THE LEGAL DESCRIPTION SHOULD READ- "THE NCE SOUTH 85 DEGREES 2O MINUTES 00 SECONDS WE ST, A DISTANCE OF111,13 FEET TO THE BEGINNING OF A TANGENT CUR VE BEING CONCAVE NORTHERLY ANDHA VING A RAD IUS OF 175.00 FEET;" 3. PROPERTY OWNER SHALL MAINTAIN ALL DRAINAGE FEATURES AND RETAINING WALLS WITHIN DRAINAGE EASEMENTS, PROPERTY OWNER SHALL ENSURE OUTFALL AT RIGHT OF WAY IS FREE OF OBSTRUCTION AND DEBRIS IN ORDER TO PROVIDE POSITIVE OUTFALL, � r � r r � r r � � � � � r• �► r r i i i � r � r � � � � � r r � � i r ` � r � � • �i H I IFF, vial,III ir► -�, I o THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF MARICOPA, STATE OF ARIZONA, AND IS DESCRIBED AS FOLLOWS: THAT PORTION OF THE SOUTH HALF OF THE NORTHWEST QUARTER AND THE NORTH HALF OF THE SOUTHWEST QUARTER OF SECTION 26, TOWNSHIP NORTH, RANGE 0 EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE MONUMENT LINE INTERSECTION OF SHEA BOULEVARD AND SAGUARO BOULEVARD FROM ICH THE WEST QUARTER CORNER OF SAID SECTION 20 BEARS NORTH 58 DEGREES 04 MINUTES 18 SECONDS WEST, A DISTANCE OF 1388.31 FEET AND ALSO FROM WHICH A MARICOPA COUNTY HIGHWAY DEPARTMENT BRAS CAP MONUMENT FOR P.O.C. 243-- 3,30, 2 FEET RT, BEARS NORTH 50 DEGREES 10 MINUTES 58 SECONDS WEST, A DISTANCE OF 724.56 FEET; THENCE NORTH 42 DEGREES 50 MINUTES 00 SECONDS EAST ALONG THE CENTERLINE OF SAGUARO LEVA D, A DISTANCE OF 775,00 FEET, - THENCE NORTH 47 DEGREES 10 MINUTES 00 SECONDS WEST, A DISTANCE OF 55,00 FEET TO THE NORTHWESTERLY RIGHT--OF-WAY LINE AND THE POINT OF BEGINNING, SAID POINT ALSO BEING THE SOUTHEAST CORNER OF LOT 6, BLOCK 4, FOUNTAIN HILLS FINAL PLAT NO, 403-8; THENCE SOUTH 42 DEGREES 50 MINUTES 00 SECONDS WEST ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 330,45 FEET TO THE BEGINNING OF A TANGENT CURVE BEING CONCAVE NORTHERLY AND HAVING A RADIUS OF 20.00 FEET; THENCE DEPARTING FROM SAID RIGHT-OF-WAY AND ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 87 DEGREES 25 MINUTES 23 SECONDS AND AN ARC LENGTH OF 30.52 FEET TO A POINT OF REVERSE CURVATURE, SAID PINT BEING ON THE NORTHEASTERLY RIGHT--OF-WAY OF A ROAD BEING 50.00 FEET IN WIDTH AND BEING ORE COMMONLY KNOWN AS TREVINO DRIVE, SAID POINT ALSO BEING AT THE BEGINNING OF A CURVE BEING CONCAVE O T LY AND HAVING A RADIUS OF 425,00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS NORTH 40 DEGREES15 MINUTES 23 SECONDS EAST, - THENCE ALONG SAID RIGHT-OF-WAY AND ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 44 DEGREES 49 MINUTES 23 SECONDS AND AN ARC LENGTH OF 32.48 FEET, ***THENCE SOUTH 89 DEGREES 20 MINUTES 00 SECONDS WEST, A DISTANCE OF 111,13 FEET TO THE BEGINNING OF A TANGENT CURVE BEING CONCAVE NORTHERLY AND HAVING A RADIUS OF 15.0 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 42 DEGREES 51 MINUTES 31 SECONDS, AN ARC LENGTH OF 130,90 FEET TO A POINT OF REVERSE CURVATURE, A RADIAL LINE PASSING THROUGH LAST SAID CURVE BEARS SOUTH 38 DEGREES 17 MINUTES 31 SECONDS NEST, SAID REVERSE CURVE BEING CONCAVE SOUTHERLY AND HAVING A RADIUS OF 7047.49 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 00 DEGREES 58 MINUTES 12 SECONDS AND AN ARC LENGTH OF 119.30 FEET TO A POINT OF REVERSE CURVATURE, A RADIAL LINE PASSING THROUGH SAID PINT BEARS NORTH 37 DEGREES 19 MINUTES 19 SECONDS EAST, SAID REVERSE CURVE BEING CONCAVE EASTERLY AND HAVING A RADIUS OF 20,00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 89 DEGREES 35 MINUTES 41 SECONDS AND AN ARC LENGTH OF 31,27 FEET TO A POINT ON THE EASTERLY RIGHT--OF--WAY LINE OF BURKEMO DRIVE, SAID POINT ALSO BEING ON THE EASTERLY LINE OF SAID FOUNTAIN HILLS FINAL PLAT NO. 403- , NORTH 36 DEGREES 55 MINUTES 00 SECONDS EAST, A DISTANCE OF 69.89 FEET FROM THE SOUTHEASTERLY CORNER OF SAID FOUNTAIN ILLS FINAL PLAT NO. 43 -- B; THENCE NORTH 30 DEGREES 55 MINUTES 00 SECONDS EAST, A DISTANCE OF 260.77 FEET TO THE BEGINNING OF A TANGENT CURVE BEING CONCAVE WESTERLY AND HAVING A RADIUS OF 230,00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 15 DEGREES 21 MINUTES 52 SECONDS AND AN ARC LENGTH OF 61,08 FEET TO A POINT OF CUSP WITH A CURVE CONCAVE TO THE NORTHEAST AND HAVING A RADIUS OF 20,00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS NORTH 68 DEGREES 26 MINUTESSECONDS WEST, THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 81 DEGREES 57 MINUTES 0 SECONDS AND AN ARC LENGTH OF 28.61 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID FOUNTAIN HILLS FINAL PLAT NO. 40--8; THENCE CONTINUING ALONG SAID LINE SOUTH 60 DEGREES 24 MINUTES 00 SECONDS EAST, A DISTANCE OF 12.75 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 185.00 FEET, THENCE ALONG THE ARC OF SAID CURVET ROUGH A CENTRAL ANGLE OF 28 DEGREES 20 MINUTES 00 SECONDS AND AN ARC LENGTH OF 91.48 FEET; THENCE SOUTH 88 DEGREES 44 MINUTES 00 SECONDS EAST, A DISTANCE OF 99.71 FEET TO THE BEGINNINGF A TANGENT CURVE BEING CONCAVE SOUTHERLY AND HAVING A RADIUS OF 715.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 41 DEGREES 34 MINUTES 00 SECONDS AND AN ARC LENGTH OF 518.72 FEET TO A POINT OF REVERSE CURVATURE, SAID CURVE IN CONCAVE NORTHERLY AND HAVING A RADIUS OF 20.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS SOUTH 42 DEGREES 50 MINUTES 00 SECONDS WEST; O F SAID O MINUTES O SECONDS S A AN T ARC S D CURVE THROUGH A A ANGLE F 90 DEGREES 0 THENCE ALONG HE CENTRAL NGL O 1,42 FEET TO THE POINT OF BEGINNING - EXCEPT ARC LENGTH OF 3, ALL UNDERGROUND WATER IN, UNDER OR FLOWING THROUGH SAID LAND AND WATER RIGHTSPPU T T THERETO, AND EXCEPT ALL OIL, GASES AND OTHER HYDROCARBON SUBSTANCES, COAL, STONE, METALS, MINERALS, FOSSILS AND FERTILIZERS OF EVERY NAME AND DESCRIPTION, TOGETHER WITH ALL URANIUM, THORIUM OR ANY OTHER MATERIAL WHICH IS OR MAY BE DETERMINED TO BE MORE PECULIARLY ESSENTIAL TO THE PRODUCTION OF FISSIONABLE MATERIAL, WHETHER OR NOT OF COMMERCIAL VALUE, WITHOUT, HOWEVER, RESERVING ANY RIGHT OF SURFACE ENTRY, L n, 11 l ■ r r HELIX ENGINEERING, LLC 3240 Ea UNION HILLS 1 13 PHOENIX, A550 PHONE:(602) 7 —21 250,062 S.F. 5.741 AC, 7,590 S.F. 0,174 AC, 249,303 S.F. 5,723 AC, 28,247 S.F. 0.648 AC, 1 BK 1416, PG 4, ,C.,, RECORD OF SURVEY UNRECORDED ALTA BY JOHN H. FIRESTONE RLS 21766 PROVIDEDY CLIENT R3 BK 434, PG 49, M.C.R. "FOUNTAIN HILLS PLAT 700" BASIS OF BEARING THE CENTERLINE OF NORTH SAGUARO BOULEVARD, BEING NORTH 42°50'00" EAST AS MEASURED AND SHOWN ON THAT PLAT RECORDED IN BOOK 434, PAGE 49 OF MARICOPA COUNTY RECORDS. 11�il 101ft ILI [ I wwN APPROVAL APPROVED BY THE TOWN COUNCIL OF FOUNTAIN HILLS, ARIZONA, THIS DAY OF 2020 Y: ATTEST. -ATTEST. -- MAYOR TOWN CLERK APPROVALS THIS PLAT WAS APPROVED BY THE TOWN ENGINEER AND THE COMMUNITY DEVELOPMENT DIRECTOR. m ATE: BY: DEVELOPMENT SERVICES DIRECTOR AT FIELD K COMPLETED IN NOVEMBER, 2019. MICHAEL J. THOMPSON, RLS25090 HELIX ENGINEERING, LLC 240 E UNION HILLS DR #112 PHOENIX, AZ 85050 mt@hxeng.com ix Engineering, LLC Af Engineering Surveying Consulting 3240 E Union Hills Suite 112 Phoenix AZ 85050 602-788-2616 THIS DRAWING IS COPYRIGHTED AND IS THE SOLE PROPERTY OF THE OWNER. IT IS PRODUCED SOLELY FOR USE BY THE OWNER AND ITS AFFILIATES. REPRODUCTION OR USE OF THIS DRAWING AND/OR THE INFORMATION CONTAINED IN IT IS FORBIDDEN WITHOUT THE WRITTEN PERMISSION OF THE OWNER. TWO WORKING DAYS BEFORE YOU DIG. CALL FOR THE BLUE STAKES 1-800-782-5348 BLUE STAKE CENTER a LOT SCALE: 1: 1 ►, ;► 0 0 U) Cbd C) c- V) a) V) i W U) C) O FOUND 1/2" REBAR /W/CAP LS.10260- FOUND TFH BRASS CAP � FOUND 1/2 /REBAR i FOUND 1/2" REBAR � S.E. COR. FOUNTAIN HILLS FINAL PLAT \ ��-C� o NS,� N0. 403—B FOUND BRASS CAP Doti 'per` STD 410, I U U•Z). U.L.U. MAJZ) UAr'' 114 CORNER SEC. 26/27 T3N, R6E FOUND 1" IRON PIPE ENCASED IN CONCRETE BROKEN OFF AT BASE OF PIPE BELIEVED TO BE 1 /4 COR POSSIBLE JARRING OR SLIGHT DISPLACEMENT OF CONCRETE IS POSSIBLE ZONING C --1 BUILDING HEIGHT - 25 FEET LINE TABLE NO. BEARING LENGTH L1 N 36'55'00" E 5.11' L2 S OT55'52" E 21.27' L3 N 8T00'34" E 35.86' L4 S 42' 50' 00" W 15.45' ARC TABLE NO. DELTA RADIUS LENGTH C 1 A-87*25'23" 20.00' 30.52' C2 A=89'35'41 "1 20.00'1. 31.27' A-81'57'08" R=20.00' L- 28.61LOT 2 --- — FOUND 1 /2" REBAR r-„, I , m A /n" A FOUNTAIN HILLS ARIZONA LOT 3 FOUND 1/2" REBAR ,r-W/CAP PE.5478 FINAL PLAT NO 403-B MCR BOOK 159 PAGE 11 BLOCK 4 -FOUND 1 /2" REBAR LOT 4 tJ.=`;� FOUND 1 /2" REBAR 11 4 00 W CAP PE.5478 A-90000'00" R-20.00' L-31.42' POINT OF BEGINNING FD 1/2 REBAR �sr ss 0 0 \.: . if, e L=123.4 0 t O"' 111.1 j tnn j 0 L- t -"' 1 5 26 0 = 4-�c . c� T 28 0O" 11 23 S8 �!�1VE R, VIN -- , ... T' 4 FOUND TFH, FOUND TFH BRASS CAP --___ BRASS CAP ~- L9 �' D SIDEWALK �''p �--�` SIDEWALK EASEMENT ARC TABLE ''�'� � � , QSWEST ESMT FOR'.-- ^ L3 EASEMENT �` �, �_ �� DEDICATION NO. DELTA RADIUS LENGTH COMMUNICATIONS f� '•�` / BY THIS MAPS t " t t / DOCUMENT NO. c , , C2 A-�89 35 41 20.00 31.27 1995-131929 -'- p. SW EST ESMT FOR R C3 A-60 00 00 20.00 20.94 � COMMUNICATIONS/ C4 A-02' 13'54" 435.00' 16.94' / `�• /` DOCUMENT NO. C5 A-0T12'04" 443.00' 55.68' / 1995--131929 C6 A-OT 11'57" 443.00' 55.66' ,,--'DETAIL A� SIDEWALK EASEMENT LINE TABLE -'� NO. BEARING LENGTH .•-r' �, L5 S 42 50 00 W 100.77 -- L6 N 2T54 01 E 38.81 `.. L7 N 42 50 00 E 45.95 / \ L8 N 37 18 26 E 7.40 4 f L9 S 88'06'S4" E 43.12' 1 SRP ESMT FOR UG ELECT L 14 N 03' 03' 37" E 8.00' Ads,1 3 1995-431744 ' US WEST ESMT FOR COMM PER L 15 S 10` 15'41 " W 8.00 � 1995-121929 L16 N 23'41'04" E 8.00' --� � L17 S 30`53'01 " W 8.00' SIDEWALK ESMT DEDICATED BY THIS MAP 4 PROPOSED 10' R/W DEDICATION 2 - BY THIS MAP DRAINAGE EASEMENT LIN E E TABLE -5 �.5 1)L4" ON MAP. A PORTION OF Z., THE PROPOSED R W DEDICATION. NO. BEARING LENGTH L 10 S 46' 17' 30" E 15.83' L 11 S 63' 56 55 E 32.26 chi L12 N 42'50'00" E 80.28' DETAI L A L13 S 83005'27" W 32.52' t ■ wowoma■w � O FOUND BRASS CAP OR AS NOTED. \ o ACCEPTED FOUND 1/2" REBAR AT PROPERTY CORNER OR AS NOTED � 0 SET 1/2 $) IRON BAR &CAP, L.S. 25090 OR AS � NOTED, TO BE SET AT COMPLETION OF MASS GRADING PROPERTY LINE LOT CORNER SET 1/2" WITH CAP RLS25090 (UNLESS OTHERWISE NOTED) � 40 20 0 40 80 120 SUBDIVISION BOUNDARY LINE PUE PUBLIC UTILITY EASEMENT R/W RIGHT-OF-WAY � SCALE: 1"=40' ESMT EASEMENT POINT OF COMMENCEMENT INTERSECTION OF SAGUARO BLVD. F ICA 25090 ° o MICHAEL J. THOMPSON ONIk 41'e$110913d�� Helix Engineering, LLC Engineering / Surveying /Consulting 3240 E Union Hills Suitt 112 Phoenix AZ 85050 602=7884616 arww.hxeng.com THIS DRAWING IS COPYRIGHTED AND IS THE SOLE PROPERTY OF THE OWNER. IT IS PRODUCED SOLELY FOR USE BY THE OWNER REPRODUCTION rR OR USE OF DRAWING AND/OR THE INFORMATION CONTAINED •': iiWITHOUT THE WRITTEN PERMISSION OF THE TWO WORKING DAYS BEFORE YOU DIG. CALL FOR THE BLUE STAKES 1-800-782-5348 BLUE STAKE CENTER PROJECT NAME FOUNTAIN HILLS MEDICAL CENTER PROJECT ADDRESS 9700 N SAGUARO BLVD FOUNTAIN HILLS, AZ 85268 PROJECT AREA FOUNTAIN HILLS HELIX JOB NUMBER IN HOUSE 395 DRAWN BY: TDS CHECKED BY: MJT SHEET TITLE MAP OF DEDICATION FOR A PART OF THE SW 1 /4 SEC 26 T3N, R6E, G & SRB & M SHEET PAGE MAP 2 of 2 PLOT SCALE: 1:1 @ 24"x36"; 1: 2.2 @ 11 "x17" ITEM 8. A. TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Date: 03/02/2021 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda Submitting Department: Community Services Prepared by: Rachael Goodwin, Community Services Director Staff Contact Information: Rachael Goodwin, Community Services Director Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION OF Approving a Cooperative Purchasing Agreement with General Acrylics (Contract No. 2021-037) for the installation, repair, and maintenance of sport courts. Staff Summary (Background) The Town currently has three basketball courts and six tennis courts that require regular maintenance and occasional repairs. Additionally, Four Peaks Park also includes the forthcoming installation of three public access, lighted, pickleball courts as funded through the Capital Improvement Plan. As a result, General Acrylics has been selected to provide sport court construction and maintenance services for the Town. General Acrylics was the contracted vendor for the Four Peaks and Golden Eagle tennis court reconstruction and replacement in 2016 as well as the installation of the grant -funded Four Peaks basketball court. Staff has been very pleased with General Acrylics quality of work to date and believes that the company will continue to meet the same expectations on quality, cost, and project schedule. Related Ordinance, Policy or Guiding Principle Town Council -approved CIP project P3035: Four Peaks Park renovations. Risk Analysis None Recommendation(s) by Board(s) or Commission(s) The Community Services Advisory Commission supports the construction of pickle ball courts at Four Peaks Park. Staff Recommendations) Staff recommends approval. SUGGESTED MOTION MOVE to Approve the Cooperative Purchasing Agreement with General Acrylics, Contract No. 2021-037, in the amount of $129,500. Fiscal Impact Fiscal Impact: 129,500 Budget Reference: Funding Source: CIP If Multiple Funds utilized, list here: Budgeted: if No, attach Budget Adjustment Form: CPA General Acrylics, Inc. Four Peaks Pickeball Add 2 -Lighting Testing and Inspection Mohave Award Documents Attachments Form Review Inbox Reviewed By Date Community Services Director (Originator) Rachael Goodwin 02/18/2021 02:48 PM Finance Director David Pock 02/18/2021 02:51 PM Town Attorney Aaron D. Arnson 02/19/2021 06:53 AM Town Manager Grady E. Miller 02/22/2021 10:29 AM Form Started By: Rachael Goodwin Started On: 02/17/202102:08 PM Final Approval Date: 02/22/2021 Contract No. 2021-037 COOPERATIVE PURCHASING AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND GENERAL ACRYLICS, INC. THIS COOPERATIVE PURCHASING AGREEMENT (this "Agreement") is entered into as of March 2, 2021, between the Town of Fountain Hills, an Arizona municipal corporation (the "Town"), and General Acrylics, Inc., an Arizona corporation (the "Contractor"). RECITALS A. After a competitive procurement process, Mohave Educational Services Cooperative ("Mohave") entered into Contract No. 20N-GAI3-0202, effective February 2, 2021, as amended (collectively, the "Mohave Contract") for the Contractor to provide design and installation of sports related court construction. A copy of the Mohave Contract is 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 Mohave Contract, at its discretion and with the agreement of the awarded Contractor, and the Mohave 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 Mohave Contract and this Agreement, (ii) establishing the terms and conditions by which the Contractor may provide the Town with design and installation of sports related court construction (the "Materials and Services"), and (iii) setting the maximum aggregate amount to be expended pursuant to this Agreement related to the Materials and Services. AGREEMENT NOW, THEREFORE, in consideration of the foregoing introduction and recitals, which are incorporated herein by reference, the following mutual covenants and conditions, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Town and the Contractor hereby agree as follows: 1. Term of Agreement. This Agreement shall be effective as of the date first set forth above and shall remain in full force and effect until February 1, 2022 (the "Initial Term"), unless terminated as otherwise provided in this Agreement or the Mohave Contract. After the expiration of the Initial Term, this Agreement may be renewed for up to four successive one-year terms (the "Renewal Term") if. (i) it is deemed in the best interests of the Town, subject to availability and appropriation of funds for renewal in each subsequent year, (ii) the term of the Mohave Contract has not expired or has been extended, (iii) at least 30 days prior to the end of the then -current term of 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 Mohave 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 the Materials and Services under the terms and conditions of the Mohave Contract and as more particularly set forth in the Contractor 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 Mohave 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 a non -conforming Materials or Services, the Town may elect to do any or all of the following by written notice to the Contractor: (i) waive the non-conformance; (ii) stop the work immediately; or (iii) bring the 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 Work Orders within a reasonable period of 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 Town notice of cancellation, or for lost profits, shipment of product prior to issuance of Work Order or for anything not expressly permitted pursuant to this Agreement. 3. Compensation. The Town shall pay Contractor for the Term and for each subsequent Term, if any, an aggregate amount not to exceed $129,500.00 for the Materials and Services at the rates agreed upon by the Parties. 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 Mohave Contract and (ii) document and itemize all work completed to date. The invoice statement shall include a record of materials delivered, time expended, and work performed in sufficient detail to justify payment. Additionally, invoices submitted without referencing this Agreement and the Mohave 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 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 this Section. The Town shall give Contractor or its subcontractors reasonable advance notice of intended audits. Contractor shall require its subcontractors to comply with the provisions of this Section by insertion of the requirements hereof in any subcontract pursuant to this Agreement. 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 ARIZ. 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 funds were appropriated and budgeted for such purpose and the Town shall be relieved of any subsequent obligation under this Agreement. The parties agree that the Town has no obligation or duty of good faith to budget or appropriate the payment of the Town's obligations set forth in this Agreement in any budget in any fiscal year other than the fiscal year in which this Agreement is executed and delivered. The Town shall be the sole judge and authority in determining the availability of funds for its obligations under this Agreement. The Town shall keep Contractor informed as to the availability of funds for this Agreement. The obligation of the Town to make any payment pursuant to this Agreement is not a general obligation or indebtedness of the Town. 3 Contractor hereby waives any and all rights to bring any claim against the Town from or relating in any way to the Town's termination of this Agreement pursuant to this section. 11. Conflicting Terms. In the event of any inconsistency, conflict or ambiguity among the terms of this Agreement, any Town -approved work orders, the Mohave Contract, 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 Mohave 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 Mohave 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 Mohave Contract, the Town shall be afforded all of the rights and privileges afforded to Mohave and shall be "Mohave" (as defined in the Mohave Contract) for the purposes of the portions of the Mohave 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 Mohave to the extent provided under the Mohave Contract, and such insurance coverage and indemnifications shall inure and apply with equal effect to the Town under this Agreement including, but not limited to, the Contractor's obligation to provide the indemnification and insurance. In any event, the Contractor shall indemnify, defend and hold harmless the Town and each council member, officer, employee or agent thereof (the Town and any such person being herein called an "Indemnified Party"), for, from and against any and all losses, claims, damages, liabilities, costs and expenses (including, but not limited to, reasonable attorneys' fees, court costs and the costs of appellate proceedings) to which any such Indemnified Party may become subject, under any theory of liability whatsoever ("Claims"), insofar as such Claims (or actions in respect thereof) relate to, arise out of, or are caused by or based upon the negligent acts, intentional misconduct, errors, mistakes or omissions, in connection with the work or services of the Contractor, its officers, employees, agents, or any tier of subcontractor in the performance of this Agreement. 14. Notices and Requests. Any notice or other communication required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given if (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 (iii) given to a recognized and reputable overnight delivery service, to the address set forth below: If to the Town: Town of Fountain Hills 16705 East Avenue of the Fountains Fountain Hills, Arizona 85268 Attn: Grady E. Miller, Town Manager rd With copy to: Pierce Coleman PLLC 4711 E. Falcon Drive, Suite 111 Mesa, Arizona 85215 Attn: Aaron D. Arnson, Town Attorney If to Contractor: General Acrylics, Inc. 22222 North 22nd Avenue Phoenix, Arizona 85027 Attn: Justin Fudge or at such other address, and to the attention of such other person or officer, as any party may designate in writing by notice duly given pursuant to this subsection. Notices shall be deemed received: (i) when delivered to the party, (ii) three business days after being placed in the U.S. Mail, properly addressed, with sufficient postage or (iii) the following business day after being given to a recognized overnight delivery service, with the person giving the notice paying all required charges and instructing the delivery service to deliver on the following business day. If a copy of a notice is also given to a party's counsel or other recipient, the provisions above governing the date on which a notice is deemed to have been received by a party shall mean and refer to the date on which the party, and not its counsel or other recipient to which a copy of the notice may be sent, is deemed to have received the notice. [SIGNATURES APPEAR ON FOLLOWING PAGES] 5 Since 1958 TRACKS., TENNIS COURTS AND SYNTHETIC TURF - Licensed b-md PROPOSAL SUBMITTED TO: Kevin Snipes Superintendent of Parks Town of Fountain Hills 16705 E. Avenue of the Fountains Fountain Hills, AZ. 85268 ksnioesC@fh.az.gov MOHAVE EDUCATIONAL SERVICES UNIT PRICE PROPOSAL Job site: Four Peaks Park Per your request General Acrylics, Inc. respectfully submits the following proposal to supply all materials, equipment and labor to perform the following work per Mohave Educational Services Contract # 20N-GAI3-0202: Construct 3 Post Tension Pickleball Courts Date: 2/8/21 LINE ITEMS UNITS MES DISCOUNTED PRICES PER UNIT TOTAL PER LINE ITEM EQUIPMENT: EXCAVATION, DEMOLITION AND INSTALLATION Skip Loader 8 $ 129.78 HOUR 1038.24 Grade Tractor 16 $ 129.78 HOUR $ 2,076.48 Rental Fence One Month- Set up & delivery 300 If Within 60 mile radius of Phoenix 1 s 868.44 LS 868.44 MISCELLANEOUS SERVICES Indicate Minimums, if they apply) Equipment Operator, per man per hour 16 $ 85.42 HOUR 1,366.72 On Site Superintendent, per man per hour 40 $ 75.09 HOUR $ 3,003.60 DESIGN I ENGINEERING SERVICES Engineer Stamped Drawings for Post -Tensioned Concrete slabs 5400 $ 0.11 SF $ 594.00 CONCRETE SLAB ZONE ONE New Post -Tensioned Concrete Slab 4,001 - 7,200 sf 5400 $ 6.87 SF $ 37 098.00 ABC per Ton Material Only 135 16.48 TON 2,224.80 COURT SURFACING - CONCRETE Cleaning and preparing existing concrete or asphalt court surface 4,001 - 7,200 sf 5400 $ 0.13 SF $ 702.00 Tennis court surfacing, new concrete slab 5,001 - 14,400 sf 5400 0.87 SF 4,698.00 DOUGLAS PICKLEBALL UICKSTART TENNIS NETS & POSTS JTN-30 Quick Start/Pickle ball Tennis Net -36" x 21'9" 3 116.10 EA 348.30 Premier" RD-36 Quick Start/Pickle ball Tennis Posts 3" OD Black 36" Above Ground 3 359.10 Set 1077.30 GS-24RD PVC Ground Sleeves 24" Long for 2-7/8" OD Posts 3 $ 26.10 Pair 78.30 PERIMETER FENCING Install 8' chain link fencing, with 9 Gauge Galvanized mesh & Frame work includes line posts, end posts, fence fabri 300 38.67 LF 11601.00 Add Mid or Bottom Rail Galvanized or Painted 300 $ 5.25 LF $ 1,575.00 Install 4 foot wide walk Gate in 4' 8' 10' or 12' height fencing includes gate hardware 4 $ 388.58 LF 1,554.32 BALL FABRIC EXTREEME SCREEN Extreeme Screen 6' High 1080 $ 0.64 Sq. Ft. $ 691.20 UPONAPPROVAL BYMOHAVE EDUCATIONAL SERVICES PLEASE ISSUE PURCHASE ORDER TO GENERAL ACRYLICS, INC. This project May require monthly progress billings SUBTOTAL: $ 70,595.70 BOND $ - TAX RATE: 5.9800 % $ 4,221.62 TOTAL: $ 74,817.32 GENERAL ACRYLICS, INC. Submitted By: lF144c `judge Account Executive AZ License # 077085 (602) 569-9377• Fax (623) 298-1310• Toll Free (800) 436-2279 22222 N. 22nd Avenue • Phoenix, AZ 85027 a, H www.cieneralacrylics.com AZ Contractors # R00077085/ R00034868 • NV Contractors # 0059476 • NM Contractors # 30964 • UT Contractors # 7406753-5501 PROPOSAL SUBMITTED TO: Kevin Snipes Superintendent of Parks Town of Fountain Hills 16705 E. Avenue of the Fountains Fountain Hills, AZ. 85268 ksnioesC@fh.az.gov Since 1958 TRACKS., TENNIS COURTS AND SYNTHETIC TURF - Licensedrb-md MOHAVE EDUCATIONAL SERVICES UNIT PRICE PROPOSAL Job site: Four Peaks Park Per your request General Acrylics, Inc. respectfully submits the following proposal to supply all materials, equipment and labor to perform the following work per Mohave Educational Services Contract # 20N-GAI3-0202: Pickleball Lighting Date: 2/8/21 LINE ITEMS UNITS MES DISCOUNTED PRICES PER UNIT TOTAL PER LINE ITEM ELECTRICAL FIXTURE ITEMS / COURT LIGHTING 16' - 22' 4" Round Pole ONLY dirrect bury or base mount 8 $ 532.91 EA $ 4,263.28 The Blade Light Fixture - ONLY 12 $ 1,159.56 EA $ 13 914.72 Arm for Blade - ONLY 12 $ 185.04 EA 2,220.48 Hub for blade - ONLY 4 $ 104.85 EA $ 419.40 Pole Top Fitter attache fixture topole) Twin 4 $ 111.02 EA 444.08 Concrete base INSTALLED 8 $ 886.08 EA $ 7,088.64 2" Electrical Conduit and Trenching For Future Lighting er LF 60 LF MINIMUM 1300 1 $ 14.81 1 LF 4 443.00 MISCELLANEOUS SERVICES Indicate Minimums if they apply) On Site Superintendent, per man per hour 16 $ 75.09 HOUR $ 1,201.44 UPON APPROVAL BY MOHAVE EDUCA TIONAL SERVICES PLEASE ISSUE PURCHASE ORDER TO GENERAL ACRYLICS, INC. This project May require monthly progress billings TAX RATE: SUBTOTAL: $ 33,995.04 BOND $ - 5.9800% $ 2,032.90 TOTAL: $ 36,027.94 GENERAL ACRYLICS, INC. Submitted By: fiW" 99-* Account Executive AZ License # 077085 (602) 569-9377• Fax (623) 298-1310• Toll Free (800) 436-2279 22222 N. 22nd Avenue • Phoenix, AZ 85027 www.generalacrylics.com AZ Contractors # R00077085/ R00034868 • NV Contractors # 0059476 • NM Contractors # 30964 • UT Contractors # 7406753-5501 PROPOSAL SUBMITTED TO: Kevin Snipes Superintendent of Parks Town of Fountain Hills 16705 E. Avenue of the Fountains Fountain Hills, AZ. 85268 ksnioesC@ h.az.gov Since 1958 TRACKS., TENNIS COURTS AND SYNTHETIC TURF - Licensed b-md MOHAVE EDUCATIONAL SERVICES UNIT PRICE PROPOSAL Job site: Four Peaks Park Per your request General Acrylics, Inc. respectfully submits the following proposal to supply all materials, equipment and labor to perform the following work per Mohave Educational Services Contract # 20N-GA13-0202: Testing and Inspection Date: 2/8/21 MES DISCOUNTED PER TOTAL PER LINE ITEMS UNITS PRICES UNIT LINE ITEM DESIGN / ENGINEERING SERVICES Professional Engineer, per man per hour Soils Testing and Report) 16 $ 126.40 HOUR 2,022.40 Professional Engineer, per man per hour (Subgrade Compaction Test 12 $ 126.40 HOUR $ 1,516.80 Professional Engineer, per man per hour Concrete Testing - 10Cylinders) 16 $ 126.40 HOUR 2,022.40 Inspector, per man per hour Pre- Slab Inspection and Cable Elon ation 10 $ 91.93 1 HOUR I $ 919.30 SUBTOTAL: $ 6,480.90 UPON APPROVAL BY MOHAVE EDUCATIONAL SERVICES BOND $ PLEASE ISSUE PURCHASE ORDER TO GENERAL ACRYLICS, INC. TAX RATE: 5.9800% $ 387.56 TOTAL: $ 6,868.46 This project May require monthly progress billings GENERAL ACRYLICS, INC. Submitted By: P-a- 57-dye Account Executive AZ License # 077085 (602) 569-9377- Fax (623) 298-1310• Toll Free (800) 436-2279 22222 N. 22nd Avenue • Phoenix, AZ 85027 a„mow www.generalacrvl ics.com AZ Contractors # R000770851 R00034868 • NV Contractors # 0059476 • NM Contmctom # 30964 • UT Contractors # 7406753-5501 MOHAVE COOPERATIVE Award Documents 20N-GA13-0202 General Acrylics, Inc. 20N-GA13-0202 Award Letter........................................................................................... 2 20N-GA13-0202 Bid and Acceptance Form...................................................................... 5 20N-1112 Signed Award Recommendation...................................................................... 6 20N-1112 Evaluator Agreements...................................................................................... 9 20N-GA13-0202 Federal and State Excluded Parties Documents ..................................... 12 Click section title to be taken directly to that section. 4/5/18 EH 625 East Beale Street, Kingman, AZ 86401 Phone: (928) 753-6945 Fax: (928) 718-3232 mesc.org 1� MOHAVE COOPERATIVE NOTIFICATION OF AWARD LETTER December 14, 2020 Sent this day via email to ideremo@neneralacrvlics.com Jonnie Deremo, President General Acrylics, Inc. 22222 N. 22nd Avenue Phoenix, AZ 85027 Congratulations, General Acrylics, Inc's response has been awarded a contract under IFB 20N-1112. Attached is a copy of the Mohave signed Bid and Acceptance Form. Important notes and action items regarding the award are listed on the following pages. Some action items contain important deadlines noted in bold font. Be sure to meet the requests and/or requirements on or before the deadlines noted. Your organization is bound by the terms of this contract; only items specifically requested in this solicitation and awarded in your response to this solicitation will be authorized/allowed. Advise your Mohave customers to make purchase orders out to General Acrylics, Inc. In the event you receive a purchase order from a member that does not contain the "MESC REVIEWED" stamp, it should be faxed to (928-718- 3232), or emailed (orders(&mesc.org) to Mohave for review. Do not perform any work or provide any products until you receive an "MESC Reviewed" purchase order. We highly recommend having your staff review our vendor information pages at (http://www.mesc.org/resources- brochures) to learn more about working with Mohave. Especially helpful is the Vendor Handbook. The procurement file for IFB 20N-1112 shall be made available for public inspection on December 14, 2020. Please check all the entries on the contract record attached. You may make additions or revisions to the description (40 words or less), contact persons, contact information, or other information about your contract. Email back any changes as soon as possible to mike@mesc.org. Your contract number is 20N-GAI3-0202 and will take effect on February 2, 2021. If you have any questions regarding your new contract, please call me at (928) 718-3203. We look forward to working with you and your company in the future. Michael Nentwig, CPPB Contract Specialist I 625 East Beale Street, Kingman, AZ 86401 Phone: (928) 753-6945 Fax: (928) 718-3232 mesc.org MSC 11/21/19 NOTES ON AWARD FOR: General Acrylics, Inc. • Please remind the member of their responsibility to independently verify that quotations and purchase orders comply with the terms of the award of a contract or procurement. This responsibility is set by rule and statute and cannot be changed by Mohave. Members can go to (service. mesc.org/PVF/plist.php) to assist in meeting this due diligence responsibility. • Financial information included under Tab 2 of your response will be kept confidential. • All products must be priced using contract pricing approved by Mohave. • All quotes shall include your contract #20N-GAI3-0202. • Promotional Pricing (temporary pricing reductions): Your contract includes terms and conditions that allows your firm to offer temporary pricing reductions. A Promotional Pricing Offer allows you to provide products and services to members at a reduced cost for a limited time basis. Promotional pricing may increase your contract usage and exposure to members. Mohave encourages promotional pricing under the awarded contract to provide additional value to members. Promotional pricing requests are typically reviewed and approved the same day as submitted. Some reminders regarding pricing reductions: o Promotional Pricing may be offered at any time during a contract and shall become effective upon notice of acceptance from Mohave. o Promotional Pricing (e.g., quantity discounts, time sensitive offers, bundles) must apply to all Mohave orders of similar size and scope. o Promotional Pricing limited to a single member are not acceptable. o Special time -limited reductions are permissible under the following conditions: 1) reduction is available to all members equally; 2) reduction is for a specific time period, normally not less than thirty (30) days; 3) original price is not exceeded after the time -limit; and 4) Mohave has approved the new prices prior to any offer of the prices to a member. • Michael Carter, CPPB will be the Contract Specialist assigned to your Mohave contract. Send requests for pricing updates or contractual inquiries to Michael Carter, CPPB - michael@mesc.org after the contract effective date of February 2, 2021. All future pricing updates must be electronic. Updates on the original Excel workbooks are preferred. Similar formats in Word or PDF are acceptable. • Do not provide any goods/services until you receive a Mohave reviewed purchase order. • Quick payment discounts must be approved by Mohave before being offered to members and must be available equally. • Order cycle overview: 1. Member forwards purchase orders to Mohave. Vendor is General Acrylics, Inc. 2. Mohave reviews and emails member order with " MESC Reviewed' stamp, to General Acrylics, Inc. 3. General Acrylics, Inc. provides product/services. 4. General Acrylics, Inc. invoices member. 5. Member pays General Acrylics, Inc. 6. General Acrylics, Inc. sends Usage and Reconciliation Report to Mohave. 7. General Acrylics, Inc. remits administration fee monthly, based on invoices paid. 8. Mohave audits selected purchases. REQUIREMENTS/ACTION ITEMS FOR THE AWARD: • You agreed to provide a Reconciliation Report detailing activity under the contract, and payment for Mohave administration fees for invoices paid in the previous month. Your report is due on the 10th of each month. Mohave's Audit Specialist will contact you and provide you with a sample report, based on reports provided under contract 150-GAI3-0201. • If no invoices were paid under the contract in the previous month, you may send an email to adminreport(a)mesc.org advising of no sales to report for the month. 625 East Beale Street, Kingman, AZ 86401 Phone: (928) 753-6945 Fax: (928) 718-3232 mesc.org NOTES ON AWARD FOR: General Acrylics, Inc. Because you have an existing Mohave contract, we want to address how to properly report invoices on your monthly reconciliation reports because it may be necessary to submit two separate reports until all old contract purchases are closed: o Line -item purchase orders that remain open under 150-GAI3-0201 should be reported on 150-GAI3- 0201 reconciliation reports until completion of the project. o Blanket purchase order invoices with a ship date prior to, or on February 1, 2021 should be reported on the 150-GAI3-0201 reconciliation report. o New purchase orders issued under the 20N-GAI3-0202 contract should be reported under 20N-GAI3- 0202 reconciliation reports. o Blanket purchase order invoices with a ship date after February 1, 2021 should be reported on the 20N-GAI3-0202 reconciliation reports. • Administration fee payments should be mailed to: Mohave Educational Services 625 E. Beale St. Kingman, AZ 86401 In order to assist members with new contract award notices, Mohave will be releasing your contract award information to the members prior to February 2, 2021. Information regarding your contract award will be posted to our website and will be made available in our product vendor finder. Pricing from your awarded contract will also be made available to our members. All of this information will be accessible by our members before February 2, 2021. You may provide quotes to members for this contract. However, it will be your responsibility to inform members the contract is not effective until February 2, 2021, and members should not be processing purchase orders until that date. Acting on purchase orders (delivering products or services) prior to February 2, 2021 is a violation of the contract. Please ensure that your staff is aware of the effective date February 2, 2021, in order to avoid contract confusion. We feature marketing information about your current contract in the product vendor finder on our website. Please visit our website (www.mesc.org) and go to the "All Products/Vendors" under the "Contracts & Solicitations" menu. Find your company from the list and click on your name. Once on your company information, review the "About Vendor" section of the "Overview." Confirm in writing if that information is still accurate, or if changes need to be made. Mohave reserves the right to edit information for content or length. Email this information to mike@mesc.org no later than January 7, 2021. 625 East Beale Street, Kingman, AZ 86401 Phone: (928) 753-6945 Fax: (928) 718-3232 mesc.org 3 Bid and Acceptance Form (Place after Tab la) IFB 20N-1112 Sports Courts: New, Repair and Maintenance To Mohave Educational Services Cooperative, Inc.; The undersigned hereby certifies understanding and compliance with the requirements in all terms, conditions, specifications and amendments. Bidder further agrees to furnish materials and/or services in compliance with all terms, conditions, specifications and amendments in the solicitation and any written exceptions in the bid. Federal Employer Identification Number 86-0261915 Company Name General Acrylics, Inc. Address 22222 N. 22"d Avenue City Phoenix State AZ Zip 85027 Telephone Number 602-569-9377 The Bid and Acceptance Form should be submitted with a signature of the person authorized to sign the bid. The person signing the bid shall initial erasures, interlineations, or other modifications in bid. Failure to sign the Bid and Accep Form, or o,make other notations as indicated, may result in rejection of bid. 11 �f•� Authorized Si Printed Name Jonnie De(eOb Title President Primary Email jderemo@)Qeneralacrylics.com Alternate email ifudge@aeneralacrylics.com Note; The primary email address will be used for all communication from Mohave regarding your response to this solicitation, Provide an alternate email address that will be used only if the primary email address is not valid. The contract vendor shall not commence any billable work or provide any material or service under this contract unless and until contract vendor receives a purchase order with Mohave's review noted. Acceptance of Bid and Contract Award (Mohave Only) Your Bid is Hereby Accepted: As an awarded contract vendor, you are now bound to sell the materials and/or services offered to and accepted by Mohave in accordance with the solicitation, including all terms, conditions, specifications, amendments and any accepted written exceptions. Your firm has been awarded all products and services, unless noted in your Notification of Award Letter. This contract shall be referred to as Contract Number 14 Awarded this This contract shall be effective the 20N-GA13-0202 day of December 2020. 2 day of February 2021. Anita S. McLemore, C.P.M., Executive Director Mohave Educational Services Cooperative, Inc. IFB 20N-1112 2 1� MOHAVE COOPERATIVE Date: December 14, 2020 To: Anita S. McLemore, C.P.M., Executive Director Through: Nancy Colbaugh, CPPB, Contracts Manager From: Michael Nentwig, CPPB, Contract Specialist I Subject: Award Recommendation for IFB 20N-1112, Sports Courts: New, Repair and Maintenance On November 12, 2020, Mohave received two responses to IFB 20N-1112. In accordance with the procurement rules and the solicitation, the basis of award was lowest responsive and responsible bidder(s). Market basket pricing was used to develop a ranking from lowest to highest price for the bids determined to be responsive and responsible. The market basket pricing was reviewed against the submitted price lists to verify accuracy of the market basket pricing for both bidders. General Acrylics, Inc. and Pacific Tennis Courts of AZ LLC were determined to be responsive and responsible. They provided the following required information: • Bid security of $100,000 • Evidence of required licenses • Evidence of required bonding capacity • Provided the majority of the products and services requested in solicitation • Demonstrated necessary experience • Demonstrated ability to adequately service members statewide for all products and services offered General Acrylics, Inc. demonstrated the ability to effectively, and efficiently meet the needs of all our members' requirements for construction, upgrade, repair or maintenance of outdoor sports courts. Award is recommended to the responsible and responsive bidder with the lowest cost, based upon the market basket referenced below. Market basket pricing from the responsible and responsive bidders follows: Market Basket I General Acrylics, Inc. $46,395.35 Pacific Tennis Courts of AZ LLC 1 $84,694.20 Market Basket 2 General Acrylics, Inc. $14,442.31 Pacific Tennis Courts of AZ LLC $25,188.85 Market Basket 3 General Acrylics, Inc. $18,978.88 Pacific Tennis Courts of AZ LLC $29,995.00 625 East Beale Street, Kingman, AZ 86401 Phone: (928) 753-6945 Fax: (928) 718-3232 mesc.org MSC 8/31/20 IFB 20N-1112 Award Recommendation General Acrylics, Inc. was the overall lowest bidder for all three market baskets. General Acrylics, Inc. bid new construction, repair and maintenance of outdoor sports courts. General Acrylics, Inc. has on staff an American Sports Builders Association certified Tennis Court Builder and is the manufacturer of Gameco court surfacing products. General Acrylics, Inc. offered volume discounts for court repair, resurfacing, construction or re -construction. They have an extensive base of installed and maintained sports courts in Arizona. They provide Douglas Sports Equipment, Frasure / LSI Sports Lighting, NGI and First Team. Their current bonding capacity is $15,000,000. The bidder recommended for award is not listed on the United States General Services Administration's Excluded Parties List, or on the Arizona Department of Administration Excluded Parties List. The current contract under IFB 150-1106 expire on February 1, 2021. It is recommended the award under IFB 20N- 1112 take effect on February 2, 2021. It is the recommendation of the evaluation committee that contracts be awarded to General Acrylics, Inc. for Sports Courts: New, Repair and Maintenance. Not recommended for award (Below the cutoff for least number of vendors determined necessary to meet the members' requirements.) Pacific Tennis Courts of AZ LLC — This firm's market basket sample jobs were higher than the bidder recommended for award. There were no apparent price requirements to substantiate award of an additional bid. Approval of the #20N-1112 award as recommended: Signature: Y�Z7 Date: December 14, 2020 Nancy Colbaugh, CPPB Contracts Manager Signature: Date: December 14, 2020 Anita S. McLemore, C.P.M. Executive Director 625 East Beale Street, Kingman, AZ 86401 Phone: (928) 753-6945 Fax: (928) 718-3232 mesc.org Scheduled Site Maintenance - 8:00 PM - 10:00 PM on Tues., Dec. 15, 2020 Online services will be temporarily unavailable tlue to scM1etluletl site maintenance on Tues., Dec. 15, 2020, from 9:00 PM to 10:00 PM. Online services will also be unavailable COVID-19 - Registrar of Contractors Remains Open for Business - In -Person Services by Appointment Only Rena Mare Contractor Search mmlNew comgx.a �oigm.ry onz arse Dream. ov�umg eaoc a�re�ey�n m:imormaio,uz tea .earo eg a pow yw r,wyyrequw ar, maa.nm zemfiea mplw wreee asapwifiea,nAns az ma9l�pinaereeaaur siadamie,mzaluw ei ea a.owa�s g laenws. Tovlew�nrormwon. oawz me aompemt nlno yrorme parsers veerz o. Duet lkmsez nea.go mue l[zenw I—, page anaao a cmrpanv Name a.a Personnel cearonryMrcnna menamemue mmpmo,lraa uuemiea mme ncenwa DETAILS FOR GENERAL ACRYLICS INC LICENSE NUMBER ROC 077085 Sharethis Licenseor Sentlitto Youraelf:F 71Savefor Later CONTRACTOR LICENSE NAME /ADDRESS I PHONE General Acrylics Inc 22222 N 22nd Ave CLASS 8 DESCRIPTION General Commercial A General Engineering Phoenix, AZ 95027-1903 PMne: (002) 5 3TI ENTITY TYPE Coryoratlon STATUS/ACTION ISSUED I RENEWAL First lssuetl: 1988.04-04 Renewed Through: 2021-03-31 This license Is DP Exempt 0 QUALIFYING PARTY & PERSONNEL The puali yirg Party listed OebwIs associated with thin—, A8 otherpemons named, iranl5 are associarod kh the company They are not all necessady aasoasted wlm mis license. e: Jonnie Rae Deremo Name: Kenneth Gilbea Skiff me: General Acrylics Inc Pos tlon: Officer P Ifl :Officer Po01—Few. F-Y,, Name: General -0— Inc Position: Related Entity, COMPLAINT INFORMATION Complalnm against mis cnnbactor are 05tedhelow. Complaints mat were wncelle4 reedved or seXled wdhout a correnrve work order or tllsmissed are net Included. cpniaa me Rsgkbar of DorHracron at BOS54S-i5T5w rolFlree efafewMeat id]l-My AZROC (1dT/38T-8]8T) to itlenXy Nro ROCORice rocaXon you rreetl ro visit ro view complete complant documentation. CLOSEDCASES Open Cams 0 Disciplined Cases 0 Resolved / Settled Cases 0 BOND INFORMATION Band Type: SURETY band Number: 59—AM552 Effectira Data: 20 31] Bond Company: HARTFORD FIRE INSURANCE COMPANY Amount: $0.00 Paid: $0.00 available: $75000.00 SW ACTIVE CONTRACTOR SEARCH find out 11 a coniranois ROC Ilcense is cu 1 antl see oMer information relaletl to the license, enter their a tligit lirense nu me below. Ii searching by a person's name, be sure to use SretlM1en last for example:'John Ooe'Insleatl of Doe, John: Yo se the ADVANCED SEARCH iungions byrcllcking lM1e gray "AMancetl Search"bunon below to search by Gily, Glassibcation, Status antl more. CI ck to eatl the c p e nstrun offs General Acrylics, Inc. CMar A B C I D E F O I H I I I J I K I L I M I N I O I P 1 O R I S Z Contact Ua ARIZONA"°` 1 ]00 W Weshinglon 51. Suite 105 Phone: (602)542-1525 Official Wensite ofthe State O£Arimna Phoenlx,Adz R5007-2812 FU:(Sa2)S< 1599 F'M'n G Dole Maus y IFB ZON-iii2 EVALUATOR AGREEMENT AND CONFLICT OF INTEREST FORM NAME and TITLE_EMPLOYER ADDRESS Working with the following Mohave Contract Specialist: Statement of Understanding (Initial each section to indicate your understanding of the requirement) agree to evaluate the responses to the solicitation according to its evaluation criteria terms. The IFB evaluation criteria is as follows: Basis of award: Award(s) will be made to the responsive and responsible bidder(s) whose bid(s) is (are) determined in writing to be the low responsive and responsible bid or bids. Mohave reserves the right to use model projects/market baskets to determine the ranking of bids. It is Mohave's intent to award a complete line of products, when possible and advantageous. Responsible bidder: A responsible bidder is a firm or person who at the time of contract award has the capability to perform the contract requirements and the integrity and reliability that will assure good faith performance. Mohave shall rust determine a bidder to be responsible before awarding a contract to bidder. Responsive bids: A responsive bid conforms in all respects to the material requirements of the solicitation. Bids must be responsive receive award consideration. Mohave reserves the right to waive minor informalities. I understand that Mohave will consider my evaluation along with evaluations by other professionals. However, I also agree that Mohave is under no obligation to accept my evaluation, except as advisory. I also understand that Mohave will hold my employer and/or TQ�armless if any vendor or interested party protests any award or lack of award made by Mohave under the terms of this solicitation. I agree not to discuss my evaluation or any of the evaluation process prior to the announcement of an award, as required by Arizona st a (per ARS §41-2616 (Q. I confirm that I have not received gratuities in the form of entertainment, gifts, or otherwise, that have been offered by any of the bidders responding to this solicitation with a view toward securing a contract. Mohave may publicly thank members of the evaluation committee who are not employed by Mohave on our website, ay making your selection below, this will indicate your understanding that we may publicly recognize your help with the evaluation process. Please indicate if Ves) do not to be thanked in this manner, by indicating with Yes or No answer below. (No) Please indicate your answer by signing your initials in the appropriate ,loxes = New Evaluator Returning Evaluator The Arizona Revised Statutes (ARS) place some restrictions with whi must comply regarding conflict of interest not only for yourself but also your relatives (Relative means: spouse, child, child's child, parent, grandparent, siblings (full or half-blood) and their spouses, and the parent, sibling or child of a spouse, pursuant to ARS 38-502). You are required to complete the following form to determine that you're in compliance with these provisions. This form must be completed every time you participate in a contract evaluation. Business Interest Are you, or any of your relatives, involved in any ownership, employment, public or private affiliations, or special arrangements which may have a substantial (Substantial means: any pecuniary or proprietary interest, either direct or indirect, other than a remote interest) interest in any contract, sale, purchase, or service involving Mohave or any of Mohave's contracts, vendors or members? a] I No = Yes Please describe below (attach sheet if necessary): Liability Violating Arizona's conflict of interest laws have significant consequences which include, but may not be limited to: 1. Intentionally or knowingly violating any provision of sections §38-503 through §38-505 is guilty of a CLASS 6 FELONY. 2. Recklessly or negligently violating any provision of sections §38-503 through §38-505 is guilty of a CLASS 1 MISDEMEANOR. I understand that I may be held personally liable for costs associated with violating Arizona's conflict of interest laws. I also acknowledge that I am responsible for knowing and understanding Arizona's conflict of interest laws available in A.R.S. §38-501 throuah 538-510. Signature Signature by Mohave: 6 ..--2 P-) �-- Date Mohave Educational Services Cooperative, Inc., 625 E. Beale St. Kingman AZ, 86401 NAME and TITLE MLI. 1 EMPLOYER (0 Ns b ADDRESS 50 V1%. `j3 rd Au1CIo i gS3 ©1 PHONE 6 Z 3- �?S- - 6& 99 Working with the following Mohave Contract Specialist: M 1 A -& �^ Z_5 Statement of Understanding (Initial each section to indicate your understanding of the requirement) I agree to evaluate the responses to the solicitation according to its evaluation criteria terms. The IFB evaluation criteria is as follows. - Basis of award: Award(s) will be made to the responsive and responsible bidder(s) whose bid(s) is (are) determined in writing to be the low responsive and responsible bid or bids. Mohave reserves the right to use model projects/market baskets to determine the ranking of bids. It is Mohave's intent to award a complete line of products, when possible and advantageous. Responsible bidder: A responsible bidder is a firm or person who at the time of contract award has the capability to perform the contract requirements and the integrity and reliability that will assure good faith performance. Mohave shall fust determine a bidder to be responsible before awarding a contract to bidder. Responsive bids: A responsive bid conforms in all respects to the material requirements of the solicitation. Bids must be responsive ,,Mto receive award consideration. Mohave reserves the right to waive minor informalities. _7 v I understand that Mohave will consider my evaluation along with evaluations by other professionals. However, I also agree that Mohave is under no obligation to accept my evaluation, except as advisory. I also understand that Mohave will hold my employer and/or �mee harmless if any vendor or interested party protests any award or lack of award made by Mohave under the terms of this solicitation. /Y2- I agree not to discuss my evaluation or any of the evaluation process prior to the announcement of an award, as required by Arizona statute (per ARS §41-2616 (Q. �/'-7confirm that I have not received gratuities in the form of entertainment, gifts, or otherwise, that have been offered by any of the bidders responding to this solicitation with a view toward securing a contract. Mohave may publicly thank members of the evaluation committee who are not employed by Mohave on our website. By making your selection below, this will indicate your understanding that we may publicly recognize your help with the evaluation process. Please indicate If wish o do not to be thanked in this manner, by indicating with Yes or No answer below: es) (No) Please indicate your answer by signing your initials in the appropriate boxes New Evaluator = Returning Evaluator The Arizona Revised Statutes (ARS) place some restrictions with which you must comply regarding conflict of interest not only for yourself but also your relatives (Relative means: spouse, child, child's child, parent, grandparent, siblings (full or half-blood) and their spouses, and the parent, sibling or child of a spouse, pursuant to ARS 38-502). You are required to complete the following form to determine that you're in compliance with these provisions. This form must be completed every time you participate in a contract evaluation. Business Interest Are you, or any of your relatives, involved in any ownership, employment, public or private affiliations, or special arrangements which may have a substantial (Substantial means: any pecuniary or proprietary interest, either direct or indirect, other than a remote interest) interest in any contract, sale, purchase, or service involving Mohave or any of Mohave's contracts, vendors or members? Ee-l"' = Yes Please describe below (attach sheet if necessary): Liabili Violating Arizona's conflict of interest laws have significant consequences which include, but may not be limited to: 1. Intentionally or knowingly violating any provision of sections §38-503 through §38-505 is guilty of a CLASS 6 FELONY. 2. Recklessly or negligently violating any provision of sections §38-503 through §38-505 is guilty of a CLASS 1 MISDEMEANOR. ®ii'understand that I may be held personally liable for costs associated with violating Arizona's conflict of interest laws. I also acknowledge that I am responsible for knowing and understanding Arizona's conflict of interest laws available in A.R.S. §38-501 through §38-510. Signature Signature by Mohave: e22��_� A") 0,""-QA Date MSC 5129120 NAME and TITLE ADDRESS Working with the following Mohave Contract Specialist: EMPLOYER 1Y 1I kA, cq±onk)y(!'(* PHONE _IOIZS��I `,�?�-O(Q Statement of Understanding (Initial each section to indicate your understanding of the requirement) I agree to evaluate the responses to the solicitation according to its evaluation criteria terms. the IFB evaluation criteria is as follows: Basis of award: Award(s) will be made to the responsive and responsible bidder(s) whose bid(s) is (are) determined in writing to be the low responsive and responsible bid or bids. Mohave reserves the right to use model projects/market baskets to determine the ranking of bids. It is Mohave's intent to award a complete line of products, when possible and advantageous. Responsible bidder: A responsible bidder is a firm or person who at the time of contract award has the capability to perform the contract requirements and the integrity and reliability that will assure good faith performance. Mohave shall Wfust determine a bidder to be responsible before awarding a contract to bidder. Responsive bids: A responsive bid conforms in all respects to the material requirements of the solicitation. Bids must be responsive to receive award consideration. Mohave reserves the right to waive minor informalities. � I understand that Mohave will consider my evaluation along with evaluations by other professionals. However, I also agree that Mohave is under no obligation to accept my evaluation, except as advisory. I also understand that Mohave will hold my employer and/or me harmless if any vendor or interested party protests any award or lack of award made by Mohave under the terms of this solicitation. I agree not to discuss my evaluation or any of the evaluation process prior to the announcement of an award, as required by Arizona statute (per ARS §41-2616 (C)). � I confirm that I have not received gratuities in the form of entertainment, gifts, or otherwise, that have been offered by any of the bidders responding to this solicitation with a view toward securing a contract. Mohave may publicly thank members of the evaluation committee who are not employed by Mohave on our website. By making your selection below, this will indicate your understanding that we may publicly recognize your help with the evaluation process. Please indicate if wi or do not to be thanked in this manner, by indicating with Yes or No answer below: (Yes) (No) Please indicate your answer by signing your initials in the appropriate boxes New Evaluator FYI Returning Evaluator The Arizona Revised Statutes (ARS) place some restrictions with which you must comply regarding conflict of interest not only for yourself but also your relatives (Relative means: spouse, child, child's child, parent, grandparent, siblings (full or half-blood) and their spouses, and the parent, sibling or child of a spouse, pursuant to ARS 38-502). You are required to complete the following form to determine that you're in compliance with these provisions. This form must be completed every time you participate in a contract evaluation. Business Interest Are you, or any of your relatives, involved in any ownership, employment, public or private affiliations, or special arrangements which may have a substantial (Substantial means: any pecuniary or proprietary interest, either direct or indirect, other than a remote interest) interest in any contract, sale, purchase, or service involving Mohave or any of Mohave's contracts, vendors or members? No = Yes Please describe below (attach sheet if necessary): Liabili Violating Arizona's conflict of interest laws have significant consequences which include, but may not be limited to: 1. Intentionally or knowingly violating any provision of sections §38-503 through §38-505 is guilty of a CLASS 6 FELONY. 2. Re klessly or negligently violating any provision of sections §38-503 through §38-505 is guilty of a CLASS 1 MISDEMEANOR. I understand that I may be held personally liable for costs associated with violating Arizona's conflict of interest laws. I also acknowledgggthat I am resp si le for knowing and understanding Arizona's conflict of interest laws available in A.R.S. §38-501 through §38-510. J ©ate Signature by M aye: Mohave Educational Services Cooperative, Inc., 625 E. Beale St. Kingman AZ, 86401 SAM Search Results List of records matching your search for Search Term : General Acrylics, Inc.* Record Status: Active ENTITY General Acrylics, Inc. Status: Active DUNS: 061088720 +4: CAGE Code: 7J7N8 DoDAAC: Expiration Date: 08/03/2021 Has Active Exclusion?: No Debt Subject to Offset?: No Address: 22222 N 22nd Ave City: Phoenix State/Province: ARIZONA ZIP Code: 85027-1903 Country: UNITED STATES November 17, 2020 11:32 AM https://www.sam.gov Page 1 of 1 Debarred and Suspended Firms SPO is responsible for maintaining a list of firms that are suspended or debarred from doing business with the State of Arizona, THERE ARE NO SUSPENDED OR DEBARRED FIRMS AT THIS TIME_ ITEM 8. B. TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Date: 03/02/2021 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda Submitting Department: Public Works Prepared by: Justin Weldy, Public Works Director Staff Contact Information: Justin Weldy, Public Works Director Request to Town Council Regular Meeting (Agenda Language): RECONSIDERATION OF approving a Professional Services Agreement with Kimley Horn and Associates, Inc., for a warrant study to evaluate and document the need for a signalized controlled intersection at Palisades and Eagle Ridge Drive/Palomino. Staff Summary (Background) This is a second request for the Town Council to reconsider a traffic signal warrant study for the intersection of Palisades Boulevard and Eagle Ridge/Palomino Drive. This item was initially considered at the November 17, 2020, Council meeting. However, due to staff failing to provide sufficient justification and cost information, the Town Council declined the request for the warrant study at that time. The cost of the traffic warrant study is $49,027 and is fully funded as a project in the Town Council approved FY 2020-21 Capital Improvement Program. The proposed traffic signal warrant study is very important as it will be used to determine if a signal is warranted at this location. If one or more warrants are met, then the report will be used to help estimate the cost of constructing a traffic signal. If it is determined that warrants are met, staff will return to the Town Council with this information and further request consideration to proceed with a contract to engineer and design the traffic signal. Staff presented this item to the Council Committee on Pedestrian and Traffic Safety earlier in February as a possible project to significantly improve pedestrian and vehicular safety at this busy intersection. Staff presented the study and indicated that if it were to proceed to construction, this intersection traffic signal will likely be paid from street development fees and possibly from other outside funding sources like MAG. The committee agreed that the Council should reconsider the traffic warrant study. The Town signed this intersection as an all -way stop, due to the line -of -sight issues, almost immediately after its opening in 1997. Since that time traffic counts have continued to increase. With the Adero Canyon development, opening of the Adero Canyon Trailhead, and recently expanded Adero Resort on Eagle Ridge Drive, traffic signal warrants at the intersection are anticipated to be met based on the Adero Resort and the Day Break development traffic studies. Construction of a traffic signal at the intersection will provide for a more efficient flow of traffic at this critical intersection. Related Ordinance, Policy or Guiding Principle Capital Projects. Risk Analysis The Adero Canyon development, Adero Canyon Trailhead opening and the expansion of the Adero of Scottsdale Resort on Eagle Ridge Drive have necessitated the need for the construction of a traffic signal at the Palisades Eagle Ridge/Palomino intersection to improve the flow of traffic and safety for pedestrians and vehicles. Recommendations) by Board(s) or Commission(s) This request was reviewed by the Council Committee on Pedestrian and Traffic Safety. The members supported the traffic signal warrant study and agreed that it should come back to the Town Council for reconsideration. Staff Recommendation(s) Staff recommends approval of the Professional Services Agreement with Kimley Horn and Associates, Inc. 1i91eL"11r I ►7iEel IEel 01, MOVE to approve Professional Services Agreement C2021-031 with Kimley Horn and Associates, Inc., for a warrant study to evaluate and document the need for a signalized controlled intersection in the amount of $49,027.00 r Fiscal Impact Fiscal Impact: $49,027.00 Budget Reference: 358 Funding Source: CIP If Multiple Funds utilized, list here: Budgeted: if No, attach Budget Adjustment Form: Attachments PSA Kimley Horn 2021-031 Exhibit A Form Review Inbox Reviewed By Date Public Works Director (Originator) Justin Weldy 01/04/2021 12:46 PM Finance Director David Pock 01/04/2021 12:57 PM Town Attorney Aaron D. Arnson 01/05/2021 02:19 PM Town Manager Grady E. Miller 01/25/2021 06:27 AM Public Works Director (Originator) Justin Weldy 02/17/2021 07:09 AM Finance Director David Pock 02/17/2021 09:41 AM Town Attorney Aaron D. Arnson 02/18/2021 07:41 AM Town Manager Grady E. Miller 02/18/2021 09:37 AM Form Started By: Justin Weldy Started On: 12/31/2020 01:26 PM Final Approval Date: 02/18/2021 Contract No. 2021-031 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND KIMLEY HORN AND ASSOCIATES, INC. THIS PROFESSIONAL SERVICES AGREEMENT (this "Agreement") is entered into as of March 2, 2021, between the Town of Fountain Hills, an Arizona municipal corporation (the "°Town") and Kimley-Horn and Associates, Inc., a North Carolina. corporation (the "Consultant"). RECITALS A. Pursuant to Section 7.1 of the Town's Procurement Policy and Section 3-3-26 of the Town Code, the Town may directly select certain consultants for professional and technical services. B. The Consultant possesses the specific skill and experience required to provide the Town with engineering design services related to: a design concept report for a traffic signal at the intersection of Palisades and Palomino Blvd. (the "Services"). C. The Town desires to enter into an Agreement with the Consultant to perform the Services, more particularly set forth in Section 2 below. 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 Consultant hereby agree as follows: 1. Term of Agreement. ement. This Agreement shall be effective as of the date first set forth above and shall remain in full force and effect until March 1, 2022 (the "Initial Term'), unless terminated as otherwise provided in this Agreement. After the expiration of the Initial Term, this Agreement may be renewed for up two successive one-year terms (the "Renewal Term') if (1) it is deemed in the best interests of the Town, subject to availability and appropriation of funds for renewal, (ii) at least 30 days prior to the end of the then -current term of this Agreement, the Contractor requests, in writing, to extend this Agreement for an additional one-year term and (iii) the Town approves the additional one-year term in writing (including any price adjustments approved as part of this Agreement), 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 the Renewal Term 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. Consultant shall provide the Services as set forth in the Scopes of Work attached hereto as Exhibit A incorporated herein by reference. 3. Compensation. The Town shall pay the Consultant an amount not to exceed $49,027.00 for the Services at the rates set forth attached hereto as Exhibit A. 4. Payments. The Town shall pay the Consultant upon receipt of a monthly invoice submitted to the Town for services provided by Consultant. All invoices shall summarize the work completed in each month Monthly reports may be attached as an addendum to the invoice to provide the necessary detail for payment justification. This Agreement must be referenced on all invoices. 5. Documents. The Town acknowledges that all consulting -related advice (written or oral) given by the Consultant to the Town in connection with this agreement is intended solely for the benefit of and use by the Town. The Town agrees to treat all consulting -related advice received from the Consultant (written or oral) confidentially and agrees not publish, distribute, or disclose in any manner any consulting -related advice developed or received without prior authorization from the Consultant. The Consultant however shall be allowed to use the Town's name positively in publications, websites, etc. solely as part of the Consultant's business promotion. All documents not noted as proprietary by the Consultant, including any intellectual property rights thereto, prepared and submitted to the Town pursuant to this Agreement shall be the property of the Town. 6. Consultant Personnel. Consultant shall provide adequate, experienced personnel, capable of and devoted to the successful performance of the Services under this Agreement. Consultant agrees to assign specific individuals to key positions. If deemed qualified, the Consultant is encouraged to hire Town residents to fill vacant positions at all levels. The Consultant may from time to time retain the services of additional experienced consultants, not as subcontractors but through strategic alliance agreements, who are capable of and devoted to the successful performance of the Services under this Agreement. Any additional consultants may be retained only as necessary for specific purposes and expertise to assist the Consultant with the successful performance of the Services under this agreement. Retention contracted through a strategic alliance agreement is strictly between the Consultant and the contractor and does not create additional financial burden upon the Town beyond the terms of this Agreement. The Consultant shall notify the Town Manager within five (5) business days of any additional contractor. 7. Inspection; Acceptance. All work shall be subject to inspection and acceptance by the Town at reasonable times during Consultant's performance. The Consultant shall provide and maintain a self -inspection system that is acceptable to the Town. & Licenses; Materials. Consultant shall maintain in current status all federal, state and local licenses and permits required for the operation of the business conducted by the Consultant. The Town has no obligation to provide Consultant, its employees or subcontractors any business registrations or licenses required to perform the specific services set forth in this Agreement. The Town has no obligation to provide tools, equipment or material to Consultant. 9. Performance Warranty. Consultant warrants that the Services rendered will conform to the requirements of this Agreement and with the care and skill ordinarily used by members of the same profession practicing under similar circumstances at the same time and in the same locality. 10 Indemnification. Each party agrees to indemnify the other from all claims for damages, liabilities, expenses, or judgments (including interest, penalties, reasonable attorneys' fees, accounting fees, and expert witness fees) that may incur and that may arise from: (a) the Consultant's gross negligence or willful misconduct; (b) the Consultant's breach of any of its obligations or representations under this agreement; (c) the Consultant's breach of its express representation that it is an independent contractor; (d) the Client's breach or alleged breach of, or its failure or alleged failure to perform under, any agreement to which it is a party; or (e) the Client's breach of any of its obligations or representations under this agreement. 11. Insurance. 11.1 General A. Insurer Qualifications. Without limiting any obligations or liabilities of Consultant, Consultant shall purchase and maintain, at its own expense, hereinafter stipulated minimum insurance with insurance companies authorized to do business in the State of Arizona pursuant to ARIZ. REV. STAT. § 20-206, as amended, with an AM Best, Inc. rating of A- or above with policies and forms satisfactory to the Town. Failure to maintain insurance as specified herein may result in termination of this Agreement at the Town's option. B. No Representation of Coverage Adequacy. By requiring insurance herein, the Town does not represent that coverage and limits will be adequate to protect Consultant. The Town reserves the right to review any and all of the insurance policies and/or endorsements cited in this Agreement but has no obligation to do so. Failure to demand such evidence of full compliance with the insurance requirements set forth in this Agreement or failure to identify any insurance deficiency shall not relieve Consultant from, nor be construed or deemed a waiver of its obligation to maintain the required insurance at all times during the performance of this Agreement. C. Additional Insured. All insurance coverage, except Workers' Compensation insurance and Professional Liability insurance, if applicable, shall name the Town, to the fullest extent permitted by law for claims arising out of the performance of this Agreement, as an Additional Insured as specified under the respective coverage sections of this Agreement. D. Coverage Term. All insurance required herein shall be maintained in full force and effect until all work or services required to be performed under the terms of this Agreement are satisfactorily performed, completed and formally accepted by the Town, unless specified otherwise in this Agreement. E. Primary Insurance. Consultant's insurance shall be primary insurance with respect to performance of this Agreement and in the protection of the Town as an Additional Insured. F. Claims Made. In the event any insurance policies required by this Agreement are written on a "claims made" basis, coverage shall extend, either by keeping coverage in force or purchasing an extended reporting option, for three years past completion and acceptance of the services. Such continuing coverage shall be evidenced by submission of annual Certificates of Insurance citing applicable coverage is in force and contains the provisions as required herein for the three-year period. G. Waiver. All policies, except for Professional Liability, including Workers' Compensation insurance, shall contain a waiver of rights of recovery (subrogation) against the Town, its officials, officers and employees for any claims arising out of the work or services of Consultant. Consultant shall arrange to have such subrogation waivers incorporated into each policy viaa formal written endorsement thereto. H. Policy Deductibles and/or Self -Insured Retentions. The policies set forth in these requirements may provide coverage that contains deductibles or self- insured retention amounts. Such deductibles or self -insured retention shall not be applicable with respect to the policy limits provided to the Town. Consultant shall be solely responsible for any such deductible or self -insured retention amount. I Use of Subcontractors. If any work under this Agreement is subcontracted in any way, Consultant shall execute written agreements with its subcontractors containing the indemnification provisions set forth in this Agreement and insurance requirements set forth herein protecting the Town and Consultant. Consultant shall be responsible for executing any agreements with its subcontractors and obtaining certificates of insurance verifying the insurance requirements. J. Evidence of Insurance. As requested, the Consultant will provide the Town with suitable evidence of insurance in the form of certificates of insurance and a copy of the declaration page(s) of the insurance policies as required by this Agreement, issued by Consultant's insurance insurer(s) as evidence that policies are placed with acceptable insurers as specified herein and provide the required coverages, conditions and limits of coverage specified in this Agreement and that such coverage and provisions are in full force and effect. Confidential information such as the policy premium may be redacted from the declaration page(s) of each insurance policy, provided that such redactions do not alter any of the information required by this Agreement. The Town shall reasonably rely upon the certificates of insurance and declaration page(s) of the insurance policies as evidence of coverage, but such acceptance and reliance shall not waive or alter in any way the insurance requirements or obligations of this Agreement. If any of the policies required by this Agreement expire during the life of this Agreement, it shall be Consultant's responsibility to forward renewal certificates and declaration page(s) to the Town 30 days prior to the expiration date. All certificates of insurance and declarations required by this Agreement shall be identified by referencing this Agreement. Certificates of insurance and declaration page(s) shall specifically include the following provisions: (1) The Town, its officers, directors, officials and employees are Additional Insureds as follows: (a) Commercial General Liability Under Insurance Services Office, Inc., ('ISO') Form CG 20 10 03 97 or equivalent. (b) Auto Liability — Under ISO Form CA 20 48 or equivalent. (c) Excess Liability — Follow Form to underlying msurance. (2) Consultant's insurance shall be primary insurance with respect to performance of this Agreement. (3) All policies, except for Professional Liability, including Workers' Compensation, waive rights of recovery (subrogation) against Town, its agents, representatives, officers, officials and employees for any claims arising out of work or services performed by Consultant under this Agreement. (4) ACORD certificate of insurance form 25 (2014/01) is preferred. If ACORD certificate of insurance form 25 (2001/08) is used, the phrases in the cancellation provision "endeavor to" and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives" shall be deleted. Certificate forms other than ACORD form shall have similar restrictive language deleted. 11.2 Required Insurance Coverage. A Vehicle Liability. As may be required by the Town. R Professional Liability. If this Agreement is the subject of any professional services or work, or if the Consultant engages in any professional services or work in any way related to performing the work under this Agreement, the Consultant shall maintain Professional Liability insurance covering negligent errors and omissions arising out of the Services performed by the Consultant, or anyone employed by the Consultant, or anyone for whose negligent acts, mistakes, errors and omissions the Consultant is legally liable, with an unimpaired liability insurance limit of $2,000,000 each claim and $2,000,000 annual aggregate. C. Workers' Compensation Insurance. Consultant shall maintain Workers' Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction over Consultant's employees engaged in the performance of work or services under this Agreement and shall also maintain Employers Liability Insurance of not less than $500,000 for each accident, $500,000 disease for each employee and $1,000,000 disease policy limit. 11.3 Cancellation and Expiration Notice. Insurance required herein shall not expire, be canceled, or be materially changed without 30 days' prior written notice to the Town. 12 Termination; Cancellation. 121 For Town's Convenience. This Agreement is for the convenience of the Town, however the Agreement may be terminated (a) by either party on provision of 60 days' written notice to the other party, with or without cause; (b) by either party for a material breach of any provision of this Agreement by the other party if the other parry's material breach is not cured within 10 days of receipt of written notice of the breach; (c) by the Town at any time and without prior notice if the Consultant is convicted of any crime or offense, or (d) upon the death of the Consultant. After the termination date of this Agreement for any reason, the Town shall promptly pay the Consultant for Services rendered plus any agreed upon additional expenses incurred before the effective date of the termination. No other compensation, of any nature or type, will be payable after the termination of this Agreement. 122 Due to Work Stoppage. This Agreement may be terminated by the Town upon 30 days' written notice to Consultant in the event that the Services are permanently abandoned. In the event of such termination due to work stoppage, payment shall be made by the Town to the Consultant for the undisputed portion of its fee due as of the termination date. 123 Conflict of Interest. This Agreement is subject to the provisions of ARIZ. REV. STAT. § 38-511. The Town may cancel this Agreement without penalty or further obligations by the Town or any of its departments or agencies if any person significantly involved in initiating, negotiating, securing, drafting or creating this Agreement on behalf of the Town or any of its departments or agencies is, at any time while this Agreement or any extension of this Agreement is in effect, an employee of any other party to this Agreement in any capacity or a Consultant to any other party of this Agreement with respect to the subject matter of this Agreement. 124 Gratuities. The Town may, by written notice to the Consultant, cancel this Agreement if it is found by the Town that gratuities, in the form of economic opportunity, future employment, entertainment, gifts or otherwise, were offered or given by the Consultant or any agent or representative of the Consultant to any officer, agent or employee of the Town for the purpose of securing this Agreement. In the event this Agreement is canceled by the Town pursuant to this provision, the Town shall be entitled, in addition to any other rights and remedies, to recover and withhold from the Consultant an amount equal to 150% of the gratuity. 125 Agreement Subject to Appropriation. This Agreement is subject to the provisions of ARIZ. CONST. ART. IX, § 5 and ARIZ. REV. STAT. § 42-17106. The provisions of this Agreement for payment of funds by the Town shall be effective when funds are appropriated for purposes of this Agreement and are actually available for payment. The Town shall be the sole judge and authority in determining the availability of funds under this Agreement and the Town shall keep the Consultant fully informed as to the availability of funds for this Agreement. The obligation of the Town to make any payment pursuant to this Agreement is a current expense of the Town, payable exclusively from such annual appropriations, and is not a general obligation or indebtedness of the Town. If the Town Council fails to appropriate money sufficient to pay the amounts as set forth in this Agreement during any immediately succeeding fiscal year, this Agreement shall terminate at the end of then -current fiscal year and the Town and the Consultant shall be relieved of any subsequent obligation under this Agreement. 13. Miscellaneous. 13.1 Independent Contractor. It is clearly understood that each party will act in As individual capacity and not as an agent, employee, partner, joint venturer, or associate of the other. An employee or agent of one party shall not be deemed or construed to be the employee or agent of the other for any purpose whatsoever. The Consultant acknowledges and agrees that the Services provided under this Agreement are being provided as an independent contractor, not as an employee or agent of the Town, Consultant, its employees and subcontractors are not entitled to workers' compensation benefits from the Town. The Town does not have the authority to supervise or control the actual work of Consultant, its employees or subcontractors. The Consultant, and not the Town, shall determine the time of its performance of the services provided under this Agreement so long as Consultant meets the requirements as agreed in Section 2 above and in Exhibit A. Consultant is neither prohibited from entering into other contracts nor prohibited from practicing its profession elsewhere. Town and Consultant do not intend to nor will they combine business operations under this Agreement. 13.2 Applicable Law; Venue. This Agreement shall be governed by the laws of the State of Arizona and suit pertaining to this Agreement may be brought only in courts in Maricopa County, Arizona. The Consultant and the Town mutually agree to pursue mediation or alternative dispute resolution as a means to resolving issues between them prior to seeking remedy in the courts. 13.3 Laws and Regulations. Consultant shall keep fully informed and shall at all times during the performance of its duties under this Agreement ensure that it and any person for whom the Consultant is responsible abides by, and remains in compliance with, all rules, regulations, ordinances, statutes or laws affecting the Services, including, but not limited to, the following: (A) existing and future Town and County ordinances and regulations; (B) existing and future State and Federal laws; and (C) existing and future Occupational Safety and Health Administration standards. 13.4 Amendments. This Agreement may be modified only by a written amendment signed by persons duly authorized to enter into contracts on behalf of the Town and the Consultant. 13.5 Provisions Required by Law. Each and every provision of law and any clause required by law to be in this Agreement will be read and enforced as though it were included herein and, if through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon the application of either party, this Agreement will promptly be physically amended to make such insertion or correction. 13.6 Severability. The provisions of this Agreement are severable to the extent that any provision or application held to be invalid by a Court of competent jurisdiction shall not affect any other provision or application of this Agreement which may remain in effect without the invalid provision or application, 13.7 Entire Agreement; Interpretation; Parol Evidence. This Agreement represents the entire agreement of the parties with respect to its subject matter, and all previous agreements, whether oral or written, entered into prior to this Agreement are hereby revoked and superseded by this Agreement. No representations, warranties, inducements or oral agreements have been made by any of the parties except as expressly set forth herein, or in any other contemporaneous written agreement executed for the purposes of carrying out the provisions of this Agreement. This Agreement shall be construed and interpreted according to its plain meaning, and no presumption shall be deemed to apply in favor of or against the party drafting this Agreement. The parties acknowledge and agree that each has had the opportunity to seek and utilize legal counsel in the drafting of review of and entry into this Agreement. 13.8 Assignment; Delegation. No right or interest in this Agreement shall be assigned or delegated by Consultant without prior, written permission of the Town, signed by the Town Manager. Any attempted assignment or delegation by Consultant in violation of this provision shall be a breach of this Agreement by Consultant. 13.9 Subcontracts. No subcontract shall be entered into by the Consultant with any other party to furnish any of the material or services specified herein without the prior notice by the Consultant to the Town Manager. The Consultant is responsible for performance under this Agreement whether or not subcontractors are used. Failure to pay subcontractors in a timely manner pursuant to any subcontract shall be a material breach of this Agreement by Consultant. 13.10 Rights and Remedies. No provision in this Agreement shall be construed, expressly or by implication, as waiver by the Town of any existing or future right and/or remedy available by law in the event of any claim of default or breach of this Agreement. The failure of the Town to insist upon the strict performance of any term or condition of this Agreement or to exercise or delay the exercise of any right or remedy provided in this Agreement, or by law, or the Town's acceptance of and payment for services, shall not release the Consultant from any responsibilities or obligations imposed by this Agreement or by law, and shall not be deemed a waiver of any right of the Town to insist upon the strict performance of this Agreement. 13.11 Attorneys' Fees. In the event either party brings any action for any relief, declaratory or otherwise, arising out of this Agreement or on account of any breach or default hereof the prevailing party shall be entitled to receive from the other party reasonable attorneys' fees and reasonable costs and expenses, determined by the court sitting without a jury, which shall be deemed to have accrued on the commencement of such action and shall be enforced whether or not such action is prosecuted through judgment. 13.12 Liens. All materials or services shall be free of all liens and, if the Town requests, a formal release of all liens shall be delivered to the Town. 13.13 Offset. A Offset for Damages. In addition to all other remedies at law or equity, the Town may offset from any money due to the Consultant any amounts Consultant owes to the Town for damages resulting from breach or deficiencies in performance or breach of any obligation under this Agreement. R Offset for Delinquent Fees or Taxes. The Town may ofset from any money due to the Consultant any amounts Consultant owes to the Town for delinquent fees, transaction privilege taxes and property taxes, including any interest orpenalties. 13.14 Notices and Requests. Any notice or other communication required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given if (A) delivered to the party at the address set forth below, (B) deposited in the U.S. Mail, registered or certified, return receipt requested, to the address set forth below or (C) given to a recognized and reputable overnight delivery service, to the address set forth below: If to the Town: Town of Fountain Hills 16705 East Avenue of the Fountains Fountain Hills, Arizona 85268 Attn: Grady E. Miller, Town Manager With copy to: Pierce Coleman PLLC 4711 East Falcon Drive, Suite 111 Mesa, Arizona 85215 Attn: Aaron D. Arnson, Town Attorney If to Consultant: Kimley-Horn and Associates, Inc. 7740 N 16th St. Suite 300, Phoenix, Arizona 85020 Attn: Joel Varner, PE or at such other address, and to the attention of such other person or officer, as any party may designate in writing by notice duly given pursuant to this subsection. Notices shall be deemed received (A) when delivered to the party, (B) three business days after being placed in the U.S. Mail, properly addressed, with sufficient postage or (C) the following business day after being given to a recognized overnight delivery service, with the person giving the notice paying all required charges and instructing the delivery service to deliver on the following business day. If a copy of a notice is also given to a parry's counsel or other recipient, the provisions above governing the date on which a notice is deemed to have been received by a party shall mean and refer to the date on which the party, and not its counsel or other recipient to which a copy of the notice may be sent, is deemed to have received the notice. 13.15 Confidentiality of Records. The Consultant shall establish and maintain procedures and controls that are acceptable to the Town for the purpose of ensuring that information contained in its records or obtained from the Town or from others in carrying out its obligations under this Agreement shall not be used or disclosed by it, its agents, officers, or employees, except as required to perform Consultant's duties under this Agreement. Persons requesting such information should be referred to the Town. Consultant also agrees that any information pertaining to individual persons shall not be divulged other than to employees or officers of Consultant as needed for the performance of duties under this Agreement. 13.16 Records and Audit Rights. To ensure that the Consultant and its subcontractors are complying with the warranty under subsection 13.17 below, Consultant's and its subcontractor's books, records, correspondence, accounting procedures and practices, and any other supporting evidence relating to this Agreement, including the papers of any Consultant and As 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 (A) evaluation and verification of any invoices, payments or claims based on Consultant's and its subcontractors' actual costs (including direct and indirect costs and overhead allocations) incurred, or units expended directly in the performance of work under this Agreement and (B) evaluation of the Consultant's and its subcontractors' compliance with the Arizona employer sanctions laws referenced in subsection 13.17 below. To the extent necessary for the Town to audit Records as set forth in this subsection, Consultant 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 Consultant pursuant to this Agreement. Consultant and its subcontractors shall provide the Town with adequate and appropriate workspace so that the Town can conduct audits in compliance with the provisions of this subsection. The Town shall give Consultant or its subcontractors reasonable advance notice of intended audits. Consultant shall require its subcontractors to comply with the provisions of this subsection by insertion of the requirements hereof in any subcontract pursuant to this Agreement. 13.17 E-verify Requirements. To the extent applicable under ARIz. REV. srAT. § 41- 4401, the Consultant 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. srAT. § 23-214(A). Consultant'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. 13.18 Israel. Consultant certifies that it is not currently engaged in, and agrees for the duration of this Agreement that it will not engage in a "boycott," as that term is defined in ARIZ. REV. STAT. § 35-393, of Israel. 13.19 Conflicting Terms. In the event of any inconsistency, conflict or ambiguity among the terms of this Agreement, the Proposal, any Town -approved invoices, and the RFP, the documents shall govern in the order listed herein. 13.20 Non -Exclusive Contract. This Agreement is entered into with the understanding and agreement that it is for the sole convenience of the Town. The Town reserves the right to obtain like goods and services from another source when necessary. [SIGNATURES ON FOLLOWING PAGES] IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first set forth above. "Towel' 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] "Consultant" Kimley-Horn and Associates, Inc. a North Carolina corporation By: Name: Title: 4810-8861-7377 v.l EXHIBIT A TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND KIMLEY-HORN AND ASSOCIATES, INC. [Scopes of Work] See following page Kimley>»Horn December 16, 2020 Mr. Justin Weldy Public Works Director Town of Fountain Hills 16705 E. Avenue of the Fountains Fountain Hills, AZ 85268 Re: Palisades Boulevard and Eagle Ridge/Palomino Drive Intersection Traffic Signal Warrant and Scoping Scope and Fee Dear Mr. Weldy: Kimley-Horn and Associates, Inc. ("Kimley-Horn" or "Consultant") is pleased to submit this letter agreement (the "Agreement") to the Town of Fountain Hills ("Client" or "Town") to provide professional engineering services associated with the intersection of Palisades Boulevard and Eagle Ridge/Palomino Drive. PROJECT UNDERSTANDING Based on the information provided by Town Staff (including the data provided via email and meeting held on 08/13/2020), we understand the following: Palisades Boulevard provides two vehicle lanes and bike lanes in each direction and is separated by a raised landscaped median. Eagle Ridge Drive serves as the west leg of the intersection and provides one vehicle lane and bike lanes in each direction and is separated by a raised landscaped median. Palomino Boulevard serves as the east leg of the intersection and provides one vehicle lane in each direction and a striped two-way left turn lane. The intersection is currently controlled as a four-way stop. • The Town would like to conduct a signal warrant analysis to determine if the intersection warrants the installation of a traffic signal. As part of the traffic analysis, the Town would like to investigate the need for an eastbound exclusive right turn lane at the intersection. If eastbound right turn lane is warranted, there would be a need for right-of-way acquisition to install the improvements. Other potential impacts include an existing residential driveway (approximately 145 feet west of Palisades Boulevard) and utilities that exist behind existing back of sidewalk. All approaches to the intersection have dedicated left turn lanes except for the northbound approach. The traffic analysis will also investigate the storage length requirements for an exclusive northbound left turn lane. In order to accommodate the Palisades Blvd & Eagle Ridge/Palomino Drive Kimley>>> Horn Intersection Traffic Signal Warrant and Scoping Rev. December 16, 2020 / Page 2 installation of exclusive left turn lane, improvements to the intersection would be necessary, including median, pavement, landscape restoration, and striping. • Horizontal and vertical curvature exists on Palisades Boulevard. Sight distance will be evaluated on Palisades Boulevard on both approaches to the intersection to determine the extent of the visibility constraints and define the additional signal equipment and advanced warning devices necessary to mitigate the potential visibility constraints. The west leg of the intersection (Eagle Ridge) falls within City of Scottsdale jurisdiction. We understand that the west leg is maintained by the Community Homeowners Association (HOA). Improvements on this leg would require coordination with the City of Scottsdale and HOA to gain input on the proposed improvements and clarify funding, operations and maintenance of the intersection. The Town is preparing a Town Master Transportation Plan. Kimley-Horn will coordinate with the Town and their consultant to define the planned improvements for the intersection as part of the transportation plan. This scope of work is summarized as conducting a traffic signal warrant study to determine whether a traffic signal is warranted, if an eastbound right turn lane is warranted, and the storage length requirements for northbound left turn lane and eastbound right. The scope also includes a scoping document. The scoping document will provide the Town with a conceptual intersection design, will summarize the right-of-way and utility impacts, and will provide a preliminary engineer's opinion of probable cost (EOPC) for planning and programming the final design and construction of the intersection improvements. SCOPE OF SERVICES Task 1: Traffic Signal Warrant Study: The purpose of the traffic analysis is to determine whether a traffic signal is warranted at the intersection of Eagle Ridge/Palomino and Palisades. This will also include an analysis of an eastbound right turn lane, as well as storage lengths for all turn lanes. Task 1.1 Data Collection and Review a. Kimley-Horn will review readily available traffic count data and traffic studies conducted within or adjacent to the project limits. These studies and the data will be utilized to complete the traffic analysis. The Town will provide copies of the traffic studies and available raw traffic count data. b. Kimley-Horn will obtain projected 2040 traffic conditions from the latest Maricopa Association of Governments (MAG) model. Horizon year traffic volumes are necessary to determine the intersection configuration will accommodate the horizon year design life. Palisades Blvd & Eagle Ridge/Palomino Drive Kimley>>> Horn Intersection Traffic Signal Warrant and Scoping Rev. December 16, 2020 / Page 3 c. Kimley-Horn will coordinate with Town staff to obtain crash data for the most recent 10 years at the intersection. d. As requested by Town Staff, Kimley-Hom's subconsultant (Field Data Services (FDS)) will collect turning movement counts and 24-hour approach volumes for each leg of the intersection. 24-hr approach volumes will be collected on typical Tuesday thru Saturday to determine the typical weekday and weekend conditions. Turning movement counts will be obtained based on the weekday peak periods observed from the data provided by Town staff and collected by FDS. Exact days and time for data collection will be coordinated with the Town prior to collection. See Appendix C for FDS scope of services. e. Kimley-Horn will conduct a field investigation to evaluate sight distance as well as document the existing conditions and constraints. Task 1.2 Traffic Analysis and Documentation a. Kimley-Horn will review the traffic data received. As discussed with Town staff, we anticipate current traffic volumes to be impacted by COVID Pandemic. Kimley-Horn will utilize the existing data collected and compare historical data collected and provided by the Town to develop estimated traffic volumes to be utilized for the traffic analysis. b. Kimley-Horn will conduct traffic signal warrants in accordance with the Manual on Uniform Traffic Control Devices (MUTCD), Chapter 4C. c. Kimley-Horn will conduct right turn lane warrant in accordance with the City of Scottsdale Design and Policies Guidelines Manual. d. Kimley-Horn will determine storage length requirements using AASHTO and Synchro software. e. Kimley-Horn will prepare traffic technical memorandum summarizing the analysis, results and recommendations. Two submittals are proposed (draft and final). The draft memorandum will be submitted to the Town for review comment. The final traffic memorandum shall be submitted for approval to Town Staff. The approved traffic technical memorandum will serve as an appendix to the scoping document described in Task 2. Task 2: Scoping Document: The purpose of the document is to develop conceptual design of the intersection improvements, including exclusive eastbound right, northbound left, and traffic signal improvements, for cost estimating and programming purposes. The document will also document the improvement, right-of-way needs, and utility impacts. Task 2.1 Data Collection and Base Map a. The Town will furnish the latest as-builts and quarter section maps for Town -owned facilities (roadway, storm drain, water, sewer, and aerials that are available, as well as privately -owned facilities (as available), within the project limits to Kimley-Horn. Palisades Blvd & Eagle Ridge/Palomino Drive Kimley>>> Horn Intersection Traffic Signal Warrant and Scoping Rev. December 16, 2020 / Page 4 b. Kimley-Horn will utilize the as-builts data provided by the Town and will utilize Near Maps to develop a conceptual project base map in AutoCAD. c. Kimley-Horn will obtain plat mapping from Maricopa Assessors and available right-of- way data to assist with defining existing right-of-way within the project limits. Task 2.2 Utility Coordination a. Kimley-Horn will submit a BlueStake ticket to request utility mapping from existing private utility companies with facilities within the project limits. b. Kimley-Horn will use the information obtained from the private utility company mapping to prepare an existing utilities base file in AutoCAD. c. Kimley-Horn will initiate contact with SRP electric to assist with defining the signal electrical point of service. This task will assist with defining the cost improvements associated with electrical service connections. d. Kimley-Horn will identify readily apparent utility conflicts with the proposed improvements and will include them in the scoping document. e. Obtaining utility clearance is not included as a part of the Scoping Document Phase. f. Utility coordination meetings are not included as a part of the Scoping Document Phase. Task 2.3 Intersection Conceptual Development & 15% Design Plan a. Kimley-Horn will develop up to two (2) intersection conceptual alternatives illustrating the intersection geometry/roadway improvements, signal layout, and utility/ROW impacts. b. Kimley-Horn will prepare 15% Intersection Design Plan for the selected alternative. The 15% Design Plans will be prepared in accordance with Town of Fountain Hills and MAG standards. Kimley-Horn anticipates one plan sheet developed at 1" = 40' Scale. Plan only view will be provided. c. Kimley-Horn will prepare two submittals of the 15% Plans are included with Phase 2 of the scoping document (Preliminary and Final). Task 2.4 Engineers Opinion of Probable Cost (EOPC) a. An engineer's opinion of probable cost will be developed for each Conceptual Alternatives submittal. Quantities will be compiled in a list and will be labeled using sequential item numbers. Bid item descriptions will be based on MAG standard bid items. Unit prices will be derived using readily available bid data from projects with similar improvements. b. An engineer's opinion of probable cost will be developed and submitted for the selected alternative at each submittal stage. Quantities will be compiled in a list and will be labeled using sequential item numbers. Bid item descriptions will be based on Palisades Blvd & Eagle Ridge/Palomino Drive Kimley>>> Horn Intersection Traffic Signal Warrant and Scoping Rev. December 16, 2020 / Page 5 MAG standard bid items. Unit prices will be derived using readily available bid data from projects with similar improvements. Task 2.5 Scoping Document a. Kimley-Horn will prepare a Scoping Document consisting of a letter format. This Scoping Document (letter) will summarize the project features, conceptual alternatives developed, recommended alternative, cost estimate, and conclusions. The outline will be based on ADOT's Scoping Letter procedure, omitting sections that are not applicable to this project. The following sections are anticipated to be included in the Scoping Letter: i. Introduction/Project Description ii. Background Data/Existing Conditions iii. Project Scope (1) Conceptual Alternatives Development (Based on results of Phase 1) (2) Recommended Alternative iv. Development Considerations (1) Right-of-Way/Easements (if necessary) (2) Environmental Constraints (if necessary) (3) Removals (4) Drainage (5) Landscape/Irrigation (6) Signing (7) Traffic Signal (8) Constructability/Construction Phasing (9) Utilities (10) Pavement Design v. Estimated Costs vi. Vicinity Map vii. Appendices b. Environmental analysis and environmental clearance are not included as a part of this Phase of the contract. However, the scoping document will define if right -of- way is necessary and the need for Phase I Environmental Site Assessment (ESA). c. Kimley-Horn will coordinate with the City of Scottsdale, HOA, and the Town to define document funding allocation, operation/maintenance limits, and the need for encroachment permits. Palisades Blvd & Eagle Ridge/Palomino Drive Kimley>>> Horn Intersection Traffic Signal Warrant and Scoping Rev. December 16, 2020 / Page 6 d. Kimley-Horn will prepare two (2) submittals of the Scoping Document (Draft and Final). Kimley-Horn will resolve and address the comments received from the draft submittal. Written comment response will be provided for documentation purposes. Final document will be sealed in PDF format to Town staff. Task 3: Project Management and Meetings a. Kimley-Horn will attend up to five project meetings, which will be scheduled following notice to proceed. The meetings are described as follows: i. Kick Off Meeting ii. Traffic Signal Warrant Study Draft Technical Memo Comment Resolution Meeting — to be scheduled following receipt of Town staff comments. iii. Concept Alternative Development iv. Scoping Letter / Concept Development Comment Resolution Meeting — to be scheduled following receipt of Town staff comments. v. HOA/Scottsdale Meeting Meetings will be held virtually and will consist of no more than two Kimley-Horn staff members. b. Kimley-Horn will be responsible for preparing the meeting agenda and submitting notes of the meeting to the Town. c. Kimley-Horn's project management task covers the management and administration hours for the duration of the project activities identified in the project schedule in Appendix B. Project management task includes contract management, internal staff coordination, and coordination with Town staff outside of the meetings described. This task coordinates and administers the day-to-day operations of the project, including organizing and filing project data and communication files, responding to project correspondence including emails, and budget and schedule monitoring. This task also includes the management of sub -consultants. This task includes the preparation of monthly invoices to the Town for services performed. Direct Expenses a. Direct reimbursable expenses such as express delivery services, vehicular mileage, and other direct expenses will be billed at cost. A summary of anticipated expenses is shown in Appendix A of this document. Services Not Included Any other services, including but not limited to the following, are not included in this Agreement: • Attending more meetings than specifically described in the sections above • Topographic Survey • Geotech Investigation Palisades Blvd & Eagle Ridge/Palomino Drive Kimley>>> Horn Intersection Traffic Signal Warrant and Scoping Rev. December 16, 2020 / Page 7 • Right -of -Way Legal Description and Exhibits • Utility coordination beyond what is described herein • Final design services • Environmental services beyond Phase I ESA • Public involvement • Post design services • Subsurface utility engineering (utility locating, etc.) • Additional submittals • Landscape/Irrigation Services • Water/Sewer Service Information Provided by Town Kimley-Horn shall be entitled to rely on the completeness and accuracy of all information provided by the Town or the Town's consultants or representatives. The Town shall provide all information requested by Kimley-Horn during the project. FEE ESTIMATE Kimley-Horn will complete each phase of the project for in accordance with the fee estimate provided in Appendix A. SCHEDULE We will provide our services as expeditiously as practicable with the goal of completing each phase of the project as outline project schedule included as Appendix B of this document. This design schedule assumes a Notice to Proceed date of February 1, 2021. Following the official Notice to Proceed, Kimley-Horn will submit an updated schedule to the Town for approval. Each phase of the project will only be completed upon approval of the Town. The schedule shall be adjusted based on dates of approval for each phase. We greatly appreciate the opportunity to provide these services to you. Please contact me if you have any questions at 602-906-1122 or kim.carroll@kimley-horn.com. Very truly yours, KIMLEY-HORN AND ASSOCIATES, INC. By: Kimberly Carroll, P.E., PTOE Sr. Project Manager/Associate Palisades Blvd & Eagle Ridge/Palomino Drive Kimley>>> Horn Intersection Traffic Signal Warrant and Scoping Rev. December 16, 2020 / Page 8 APPENDIX A FEE ESTIMATE Detail of Consultant's Compensation Town of Fountain Hills Palisades Blvd Eagle Ridge/Palomino Drive Signal Warrant and Scoping Document Fee Proposal (Revised 12/16/2020) Senior Project Manager Senior Prof Prof Analyst/ Designer Admin TASK DESCRIPTION SUBTOTAL $ 205.00 $ 180.00 $ 145.00 $ 115.00 $ 90.00 TASK 1: TRAFFIC SIGNAL WARRANT STUDY Task 1.1 - Data Collection and Review $ 3,905.00 4 12 11 2 Coordinate Collection and Review of Traffic Data $ 470.00 1 2 Coordinate/Collect 2040 MAG Model $ 470.00 11 2 Obtain and Review Crash Data $ 1,225.00 1 2 5 2 Conduct Field Investigation/Sight Distance $ 1,740.00 1 6 6 Task 1.2 - Traffic Analysis and Documentation $ 7,455.00 1 9 19 25 Signal Warrant Analysis $ 1,190.00 1 3 5 Eastbound Right Turn Warrant Analysis $ 1,190.00 1 3 5 Storage Length Evaluation $ 670.00 1 1 3 Technical Memorandum (Draft and Final) $ 4,405.00 1 61 12 12 $ TASK 2: SCOPING DOCUMENT Task 2.1 - Data Collection and Base Map $ 1,945.00 1 3 10 2 Obtain Town As Built Plans $ 410.00 2 2 Obtain R/W Data $ 375.00 1 2 Develop AutoCAD Base Map (NearMap/Data/ROW) $ 1,160.00 1 2 6 Task 2.2 - Utility Coordination $ 3,165.00 1 7 13 5 BlueStake and Utility Mapping Collection $ 680.00 2 5 Utility Base Map (AutoCAD)(Scoping) $ 980.00 2 6 SRP (POD) Service Coordination $ 290.00 2 Utility conflict identification $ 1,215.00 1 3 5 Task 2.3 - Intersection Concept Develop & 15% Design Plan $ 11,835.00 4 8 24 53 Develop two (2) Intersection Alternatives (Exhibits)(1 "=40') $ - Intersection Geometry (Concept) $ 3,005.00 2 6 15 Intersection Signing/Marking Layout (Concept) $ 1,630.00 2 4 6 Intersection Traffic Signal Layout (Concept) $ 1,680.00 1 4 8 Prepare 15% Design Plan (Approved Alternative)(1"=40') $ 4,880.00 2 4 10 20 Modeling (Scoping level) $ 640.00 1 4 $ Task 2.4 - Cost Estimate $ 2,725.00 2 6 13 Engineers Opinion of Probable Cost (2 Alternatives) $ 1,680.00 1 4 8 15% Engineers Opinion of Probable Cost $ 1,045.00 1 2 5 Task 2.5 - Scoping Document $ 7,890.00 2 9 24 16 6 Scoping Document (Letter)(Draft and Final) $ 4,885.00 1 6 16 8 4 Address Comments $ 3,005.00 1 31 8 8 2 TASK 3: PROJECT MANAGEMENT AND MEETINGS $ 8,525.00 21 8 8 18 Five (5) Project (Virtual) Meetings (KO, Concept, 2-Cmt Res, HOA/Scottsdale) $ 2,905.00 5 8 8 Project Management and Administration $ 2,540.00 8 10 QA/QC $ 3,080.00 1 8 8 SUBTOTAL DIRECT LABORI $ 47,445.00 1 29 41 103 141 33 EXPENSES $ 272.00 Vehicular Mileage (2 site visit @ 100 miles/visit @ $0.56/mile) $ 112.00 Final Hard Copy Deliveries (1 submittals @ $60/delivery) $ 160.00 SUBCONSULTANTS $ 1,310.00 Traffic Count Data (Field Data Services) - See Appendix C $ 1,310.00 TOTAL CONTRACT FEE - NOT TO EXCEED 1 $ 49,027.00 Page 1 of 1 Palisades Blvd & Eagle Ridge/Palomino Drive Kimley>>> Horn Intersection Traffic Signal Warrant and Scoping Rev. December 16, 2020 / Page 9 APPENDIX B PROJECT SCHEDULE TOFH - PALISADES AND PALOMINO/EAGLE RIDGE SCHEDULE ID Task 0Mod L 2 ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ Task Name NOTICE TO PROCEED Task 1-Warrant Study Kick Off Mtg Data Collection/Review Traffic Analysis and Documents Warrant Study Submittal Town Review Warrant Study Cmt Resolution Final Document Submittal Final Warrant Study Submittal Task 2-Scoping Document AsBuilt & Utility Mapping (Scoping level) Base Map Production Develop Intersection Concepts/EOPC HOA/Scottsdale/Town Mtg Town Concept Submittal Town Concept Review Concept Comment Resolution Prepare Draft Scoping Letter Documentation 15% Concept and EOPC Draft Scoping Letter Submittal Town Review Scoping Letter Comment Resolution Prepare Final Scoping & 15% Concept Final Scoping Letter Submittal Duration 0 days 55 days 0 days 15 days 15 days 0 days 15 days 0 days 7 days 0 days 97 days 10 days 3 days 25 days 1 day 0 days 10 days 0 days 20 days 10 days 0 days 15 days 0 days 10 days 0 days Start Mon 2/1/21 Mon 2/1121 Wed 2/3121 Mon 2/1/21 Mon 2/22/21 Fri 3/12/21 Mon 3/15/21 Wed 4/7121 Thu 4/8/21 Fri 4/16121 Thu 418/21 Thu 4/8/21 Thu 4/22/21 Tue 4/27/21 Mon 4/19/21 Mon 5/31/21 Tue 6/1/21 Mon 6/14/21 Tue 6/15/21 Tue 6/15/21 Mon 7/12/21 Tue 7/13/21 Fri 8/6/21 Mon 8/9/21 Fri 8/20/21 Finish Mon 2/1/21 Fri 4/16/21 Wed 2/3/21 Fri 2/19/21 Fri 3/12/21 Fri 3/12/21 Fri 4/2/21 Wed 4/7/21 Fri 4/16/21 Fri 4/16/21 Fri 8120121 Wed 4121121 Mon 4/26/21 Mon 5/31/21 Mon 4/19/21 Mon 5/31/21 Mon 6/14/21 Mon 6/14/21 Mon 7/12/21 Mon 6/28/21 Mon 7/12/21 Mon 8/2121 Fri 8/6/21 Fri 8/20/21 Fri 8/20/21 121 February 21 211221 March 31 311 321 April 41 411421 May 51 511 521 June 61 611 621 July 71 711 721 August 81 811 821 1 a 2/1 0 2/3 ♦ 3/12 1) 4/7 ♦ 4/16 ♦ 5/31 p 6/14 ♦ 7/12 0 8/6 A 8/2 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Project: 2020 1216 Schedule_P Date: Wed 12/16/20 Task Split Milestone Summary Project Summary ................... ♦ r -------- " Inactive Task Inactive Milestone Inactive Summary 0 Manual Task Duration -only Manual Summary Rollup I External Milestone Manual Summary I I Deadline i I Start -only E Progress Finish -only ] Manual Progress External Tasks 2020_1216_Schedule_Palomino.mpp Page 1 Wed 12/16/20 Palisades Blvd & Eagle Ridge/Palomino Drive Kimley>>> Horn Intersection Traffic Signal Warrant and Scoping Rev. December 16, 2020 / Page 10 APPENDIX C SUBCONSULTANT SERVICES Field Data Service (FDS) A01 4�ELQ DATA SERVICES OF ARIZONA, INC. 520.316.6745 \/ v veracitytrafficg roue dba (Ca SERVICE PROVIDER - SUBCONTRACTOR Field Data Services of Arizona, Inc. Veracity Traffic Group (California) 31894 Whitetail Ln. Temecula, CA 92592 Phone: 520.316.6745 Fax: 866.686.7612 www.fdsaz.com PROJECT DESCRIPTION: Work Estimate DATE: 8/18/2020 ESTIMATE M 20-294 CITY: Fountain Hills CUSTOMER Zack Handy, PE Kimley-Horn & Associates 7740 N. 16th St., Suite 300 Phoenix, AZ 85020 p 602.906.1191 zack.handy@kimley-horn.com anaron imorns ITEM TYPE DESCRIPTION QTY RATE TOTAL TUESDAY 24-HOUR APPROACH COUNTS $ - ADT PALISADES BLVD & EAGLE RIDGE DR 4 $70.00 $ 280.00 ADT ADDITIONAL DAYS ON WED, THURS & SAT AT LOCATION ABOVE 3 $280.00 $ 840.00 WEEKDAY TMC COUNT (2-HR AM & 2-HR PM) $ - TMC PALISADES BLVD & EAGLE RIDGE DR 1 $190.00 $ 190.00 TMC TIMES TO BE DETERMINED $ - $ TOTAL $ 1,310.00 Page 1 ITEM 8. C. TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Date: 03/02/2021 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 5 Issue 6 Form Review Inbox Reviewed By Date Town Manager Grady E. Miller 02/22/2021 09:55 AM Form Started By: Elizabeth A. Burke Started On: 02/22/2021 09:24 AM Final Approval Date: 02/22/2021 Issue 5 — February 12, 2021 Legislative Update Today is the 33rd day of session and 1,707 bills and 113 memorials or resolutions have been introduced. The period to introduce legislation is now over for both chambers. Except for budget bills, no new legislation can be introduced. Next week is the last week to hear bills in the chamber of origin, which means that committees for the week will have lengthy agendas as legislators try to get their bills heard before the deadline. The legislature continues to move swiftly. So far, the Governor has signed 18 bills, while 12 await his signature or veto. Utility Condemnation This week the Senate Commerce discussed a strike -everything amendment to SB1154 related to eminent domain, sponsored by Sen. J.D. Mesnard (R-Chandler), but did not take a vote on the bill. It has been rescheduled for a hearing in next Wednesday at 2 p.m. in the same committee. The striker amendment would require a city or town exercising eminent domain to file one or more appraisals with the superior court that support the proposed compensation for the condemnation. The League testified in opposition in committee because the current statutes already require cities and towns to obtain and deliver an appraisal to the utility being condemned, but the appraisal itself is not admitted in the superior court case due to procedural rules. The amendment isn't clear about how the court is supposed to handle the appraisal once its filed, which will likely lead to increased attorneys' fees to litigate over the role of the appraisal in the court case. HB2049 eminent domain; existing contracts, sponsored by Representative Jeff Weninger (R-Chandler) passed the House 34-24. It waits for committee assignment in the Senate. 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. State Aviation Fund — Aircraft Registration Fees The Transportation and Technology Commerce passed on a party line vote SB1406 aircraft registration fees; taxation; repeal, sponsored by Senator Warren Petersen (R- Gilbert). The bill would repeal the aircraft registration fee and license tax, which are deposited into the State Aviation Fund and distributed to cities and towns that operate airports. A fiscal note on the bill suggests it would result in a revenue reduction of $2.9M to the State Aviation Fund and $1.2M for local governments. This is a critical funding source for grant funding for airports. Removing this source of revenue will also impact the ability to draw down federal matching grants for capital improvements. The League signed in opposition to the bill and will be reaching out to lawmakers on its negative impacts. Fireworks The Senate Commerce Committee discussed but did not take a vote on SB1334 fireworks; aerial devices, sponsored by Senator David Gowan (R-Sierra Vista). The bill would allow the sale and use of multiple -tube aerial devices, fireworks that shoot in the air, in the state's two largest counties on days that fireworks are permissible. The League testified in opposition because of increased fire danger and injuries if used by those that are inexperienced. Also concerning are the increased complaints from citizens over the rampant use of fireworks, which cities and towns experienced during New Years Eve. Any expansion would certainly lead to more complaints. The bill is likely dead for the session. COVID Liability On Thursday the Senate Judiciary Committee passed on a party line vote SB1377 civil liability; public health pandemic. It would provide cities and towns, including other governments, nonprofits and businesses, an affirmative defense against a negligence claim that arose prior to December 30, 2022 and during the state of emergency declared by the governor if the city or town can show that it reasonably relied on and attempted to comply with applicable published guidance. The League signed in support of this measure. It will proceed to the Rules Committee. Noise Violations Identical bills were heard this week that will require prosecutions for violations of noise ordinances to include an accurate recording and measurement of the noise made by a peace office or code enforcement officer using a sound meter device. SB1502 and HB2618 public nuisance; noise; evidence, sponsored by Senator Kelly Townsend (R-Apache Junction) are a repeat from a bill introduced last year that died due to the suspension of session. The bill is problematic because it is an unfunded mandate and because the devices that the bill would require do not register bass. It is possible that a resident may complain about a noise (due to a loud party for example or cars playing loud music) that still is a nuisance but that may not register on the device and making it impossible to prosecute such violations. The bills passed their committee assignments and will now proceed to the Rules Committee in each chamber. Short Term Rentals This week's Government & Elections committee heard HB2481 short term rentals; enforcement; penalties sponsored by John Kavanagh (R-Scottsdale). If passed, the measure would provide cities and towns the ability to adopt reasonable zoning for short term rentals (STRs), as well as allow municipalities to license and register them. The committee adopted an amendment to clarify provisions related to reasonable zoning and multifamily structures. HB2481 passed 8-5 and now awaits the Rules committee. The proliferation of short-term rentals has severely impacted communities throughout the state, affecting property rights, quality of life and housing availability. The League is engaging with stakeholders that have concerns with the legislation and hopes to pass meaningful legislation to return some local control to municipalities in the STR arena. Public Posting Requirements On Thursday, the House passed HB2400 municipal ordinance; posting sponsored by Representative Joanne Osborne (R-Buckeye) with unanimous support. This is a League resolution to modernize public posting requirements for ordinances that have a penalty associated with them. The measure was amended in Committee of the Whole to address concerns raised in committee. As amended, the bill require that municipalities post penal ordinances at: • At least one public location within the municipality such as a city or town hall or other public locations; • On the city or town's website; • A paper of local circulation and any additional notice as is reasonable & practicable. The bill now moves onto to the Senate for consideration. Law Enforcement Budgets SB1333 law enforcement; budget reduction; prohibition sponsored by Senator David Gowan (R-Sierra Vista) passed the Senate Appropriations committee with a 6-4 vote. The measure prohibits municipalities from reducing their law enforcement budgets by any amount below the previous year's budget. If a municipality is found to have reduced their law enforcement budget, the State Treasurer is then required to withhold from the municipality monies in the same amount the law enforcement budget was reduced. A committee amendment was added to allow, rather than require DPS to make an offer of employment to an officer that was terminated as a result of a decrease in a department's operating budget. The League opposed the bill in committee because of the preemption it places on municipality budgets. This preemption would hurt other municipal departments that may suffer a greater budget reduction if budget cut were necessary. Concealed Weapons Exemption HB2551 sponsored by Representative John Kavanagh (R-Scottsdale) exempts those with a concealed weapons permit from any weapon prohibitions in a public establishment or event. This would impact any municipal building that did not have the proper security requirements outlined in the bill such as metal detectors which is why the League is signed in opposed. The bill was heard in the House Government & Elections committee this week and passed on a party line vote. Private Attorney Preemption SB1487 introduced by Senator Leach (R-Marana) prohibits cities and towns from entering into a contract with a private attorney unless the city attorney can provide written proof that the contract is in the best interest of the public. The bill will impact how municipalities retain private attorneys for class action lawsuits, as it sets up a prohibitive structure and makes municipalities unattractive participants in class action lawsuits such as opioid related litigation. The League opposed the bill in committee as Arizona municipalities sparingly use contingency fee contracts and only do so in the interest of the taxpayer. The bill passed the Senate Government committee with a vote of 5-3. Legislative Bill Monitoring All bills being actively monitored by the League can be found here. Issue 6 — February 19, 2021 Legislative Update Today is the 40th day of the legislative session. With the exception of the Appropriations committee, today marks the last day for committees to hear bills in the chamber of origin. Next week is crossover week which means that floor calendars will be longer than usual. We can expect floor sessions and debate to be lengthy as legislators work to pass their bills out of the chamber of origin so that they can begin their process in the opposite chamber. So far, the governor has signed 31 measures into law, and 5 other bills are pending his consideration. Publication of Notice SB1645 publication of notice sponsored by Senator TJ Shope (R-Coolidge) comes from a League resolution sponsored by the City of Buckeye related to newspaper publications required by cities and towns. The bill would allow a city or town to choose a paper printed in the county over a paper printed in the city if certain conditions apply. Specifically, the newspaper printed in the county must have a greater circulation than the newspaper printed in the city or town in order to utilize this exception. The bill was heard in the Senate Government Committee on Monday afternoon and passed the committee by a vote of 6-1 with one committee member absent. This bill now moves to the floor of the Senate where we expect it to pass with wide bipartisan support. Consular ID Card This week both the House and Senate education committees heard bills to allow a consular ID card to be an acceptable form of identification accepted by political subdivisions. Additionally, the House Military and Public Safety committee heard a third related measure. HB2458 sponsored by Representative David Cook (R-Globe), SB1420 sponsored by Senator Paul Boyer (R-Glendale) and HB2685 sponsored by Representative Cesar Chavez (D-Phoenix) passed their respective committees with bipartisan support. The measures would require the consular ID cards to meet specific biometric security standards in order for it to be an accepted form of ID. The League is actively supporting the three measures. Executive Session HB2804 public meetings; executive sessions sponsored by Representative Beverly Pingerelli (R- Peoria) would limit the types of discussions that can take place during executive session between a public body and legal counsel. Current law allows discussion in executive session for the purposes of providing legal advice to the city or town council. HB2804 would limit this ability by stipulating that the body could only receive legal advice in executive session solely for topics outlined in statute which enable the public body to enter executive session (i.e. discussion of personnel matters, security plans, negotiation of contracts). There are instances when attorneys will need to meet with council to give legal advice on issues that may not necessarily be before the council at that particular point in time but are still relevant for the governing body. To require that legal advice be provided in a public setting would waive attorney -client privileges currently afforded to public bodies. The League opposed the measure in committee for the aforementioned concerns. HB2804 passed committee on a party line vote of 7- 6. Prohibition on Social Media SB1687 governmental entities; social media prohibitions sponsored by Senator Ugenti-Rita (R- Scottsdale) prohibits government entities, including cities and towns, from using social media platforms for any governmental purpose. Arizona cities and towns use social media platforms such as Twitter and Facebook to communicate with residents for several reasons, such as providing information on temporary street closures, promoting local events and small business and notifying the public on local improvements (parks, street lights, sidewalks). During the COVID-19 pandemic, cities and towns used social media platforms to advertise funding opportunities available for small businesses, utility assistance opportunities for residents, as well as information on nearby COVID-19 infection rates and testing sites. The League opposes the measure as it would reduce transparency and limit a municipality's ability to update residents. The measure passed the Senate Technology & Transportation committee 5-4. Photo Radar Ban A strike everything amendment on SB1419 would have banned cities from using photo radar speed and red-light cameras to enforce traffic laws. The sponsor and proponents of the bill argued in committee that photo radar violates due process rights, and that cameras do not offer the discretion an officer would be able to provide. Police chiefs from affected communities testified in support of the technology citing photo radar's effectiveness at slowing down traffic and reducing the number of collisions at busy intersections and school zones. The bill ultimately failed to pass the committee receiving a 4-5 vote. Civilian Review Boards HB2567 peace officers; investigator membership requirements sponsored by Representative John Kavanagh (R-Scottsdale) would require every government committee, board or entity that investigates officer misconduct, recommends disciplinary actions or that imposes discipline for law enforcement officers be made-up of voting members of which two-thirds must be AZPOST certified. If an entity does not meet these requirements, a supervisor, department or agency head that supervises a law enforcement officer is authorized to investigate and impose discipline for an officer's misconduct independently of the entity. The League opposed the measure in committee because the language in the bill could be interpreted to apply to both public boards and internal processes for handling officer discipline. A law enforcement agency's chain of command may include members of staff such as an attorney or retired officer that may not be AZPOST certified. Additionally, civilian review boards are intended to be reflective of the community and provide independent recommendations from a civilian perspective. The bill passed committee on a party line vote. Construction Contracting Since the legislature made significant changes to the construction contracting statutes in 2013, making the application significantly more complex, there have been annual efforts to make modifications to the law. Each year those efforts are targeted towards moving all construction to materials only taxes thus depriving cities and towns of substantial revenue. HB 2211 TPT; prime contracting; exemptions; certificates sponsored by Representative Regina Cobb (R-Kingman) was an effort this year to limit construction contracting taxes to only those jobs where there was an expansion of square footage. The League feels confident this would result in significant losses of revenue because many buildings are built to a shell without walls or complete electric and plumbing because the tenant is unknown and their desires for the location of those items aren't know until the space is rented. In this scenario all construction beyond the initial building construction would be as materials only because it was not an expansion of square footage. The League defeated a similar effort last session (HB2040) and on Wednesday HB2211 was not heard in the House Ways & Means Committee. While we were not supportive of HB2211 League staff, contractors, Department of Revenue, and other stakeholders have been working on a solution to the construction contracting dilemma. SB1721 TPT; prime contracting classification sponsored by Senate President Karen Fann (R-Prescott) is our effort to resolve this issue for the foreseeable future. This bill was heard in the Senate Finance Committee on Wednesday where it passed 8-1. While it was a success in passing committee the Senate President acknowledged this was just the start and additional work needed to be done on the bill. Peer -to -Peer SB1720 Peer -to -Peer car sharing introduced by Senate President Fann (R-Prescott) creates regulations and tax requirements for a program that provides authorized use of a shared vehicle by someone other than the vehicle owner. These regulations deal with liability, insurance, registration, taxation, etc. It also prohibits cities and towns from imposing any additional taxes, fees, or charges on car sharing transactions that they do not also impose on traditional rental cars. The League signed in against SB1720 because Arizona tax law applies taxes based on the transaction type rather than on the technology used to execute the transaction. In other words, our belief is that traditional car rental and peer -to -peer car rental are both in the business of renting cars and thus should be treated equally under the law. The bill passed out of the Senate Finance committee with all 9 members present voting yes. Single Family Building Permits HB2716 licensing; building permits; temporary permits sponsored by Representative Gail Griffin (R-Hereford) would require a city or town to provide approve all single- family residential building permit within 7 days of receiving administratively complete information from the builder. If the city were unable to provide the permit within 7 days, they municipality would be required to issue a temporary permit where the building could begin construction. Additionally, cities and towns would be precluded from prioritizing single-family building permits over other types of permits in order to satisfy the requirements of the statute. The League testified in opposition to HB2716 in the House Commerce Committee on Wednesday, but the bill passed committee on a party -line vote 6-4. Building Permit Fees HB2861 building permits; fees sponsored by Representative Steve Kaiser (R- Phoenix) stipulates that cities and towns can only charge permit costs that are reasonably proportionate to the direct cost for issuing a permit. Additionally, the bill indicates monies received for permitting cannot be sent to the general fund and requires that cities and towns do separate auditing and accounting for permitting which then must be posted on the municipal website. During testimony on the bill the proponents suggested that all cities and towns run permitting through enterprise funds and there should be no opposition to the bill. The League testified in opposition indicating that only one municipality in Arizona had an enterprise fund for their permitting department and consequently the bill would result in increased permitting fees. Despite that testimony the bill passed on a party -line vote, 6-4. Food Trucks HB 2882 mobile food vendor; municipality: prohibition sponsored by Representative Jacqueline Parker (R-Mesa) was a strike everything bill attempting to upend food truck negotiations between the League and food truck vendors in 2018. Identified as the Food Truck Freedom bill passed in 2018, the League and stakeholders laboriously worked on legislation that created a balance between issues identified from the food truck industry and protecting local control in the cities and counties. Unfortunately, HB2882 strips away some of the key local control provisions negotiated out of the 2018 legislation. Unfortunately, Representative Parker represented her bill as a "cleanup" to some "unintended consequences" of the 2018 legislation which she called the "first step." The League of Cities and Towns disagrees with her characterization of the bill because everything within the Food Truck Freedom bill was intentionally and carefully negotiated. The League opposed the bill in House Commerce Committee on Wednesday where after significant debate it passed on a strict party - line vote, 6-4. Legislative Bill Monitoring All bills being actively monitored by the League can be found here.