Loading...
HomeMy WebLinkAbout2021.0615.TCRM.Agenda.Packet            NOTICE OF MEETING REGULAR MEETING FOUNTAIN HILLS TOWN COUNCIL      Mayor Ginny Dickey Vice Mayor David Spelich Councilmember Gerry Friedel Councilmember Sharron Grzybowski Councilmember Alan Magazine Councilmember Peggy McMahon Councilmember Mike Scharnow    TIME:5:30 P.M. – REGULAR MEETING WHEN:TUESDAY, JUNE 15, 2021 WHERE:   FOUNTAIN HILLS COUNCIL CHAMBERS 16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ Councilmembers of the Town of Fountain Hills will attend either in person or by telephone conference call; a quorum of the Town’s various Commission, Committee or Board members may be in attendance at the Council meeting. Notice is hereby given that pursuant to A.R.S. §1-602.A.9, subject to certain specified statutory exceptions, parents have a right to consent before the State or any of its political subdivisions make a video or audio recording of a minor child. Meetings of the Town Council are audio and/or video recorded and, as a result, proceedings in which children are present may be subject to such recording. Parents, in order to exercise their rights may either file written consent with the Town Clerk to such recording, or take personal action to ensure that their child or children are not present when a recording may be made. If a child is present at the time a recording is made, the Town will assume that the rights afforded parents pursuant to A.R.S. §1-602.A.9 have been waived.    REQUEST TO COMMENT The public is welcome to participate in Council meetings. TO SPEAK TO AN AGENDA ITEM, please complete a Request to Comment card, located in the back of the Council Chambers, and hand it to the Town Clerk prior to discussion of that item, if possible. Include the agenda item on which you wish to comment. Speakers will be allowed three contiguous minutes to address the Council. Verbal comments should be directed through the Presiding Officer and not to individual Councilmembers. TO COMMENT ON AN AGENDA ITEM IN WRITING ONLY, please complete a Request to Comment card, indicating it is a written comment, and check the box on whether you are FOR or AGAINST and agenda item, and hand it to the Town Clerk prior to discussion, if possible. TO COMMENT IN WRITING ONLINE: Please feel free to provide your comments by visiting  https://www.fh.az.gov/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.         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).             1.CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Dickey     2.MOMENT OF SILENCE     3.ROLL CALL – Mayor Dickey     4.REPORTS BY MAYOR, COUNCILMEMBERS AND TOWN MANAGER     A.RECOGNITION OF Stellar Students of the Month for April and May 2021     B.Town Manager Report on the Recently Adopted Sign Ordinance.    5.SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS     A.PRESENTATION from EPCOR regarding the recent Water Shortage Declaration     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.     7.CONSENT AGENDA ITEMS All items listed on the Consent Agenda are considered to be routine, noncontroversial matters and will be enacted by one motion of the Council. All motions and subsequent approvals of consent items will include all recommended staff stipulations unless otherwise stated. There will be no separate discussion of these items unless a councilmember or member of the public so requests. If a councilmember or member of the public wishes to discuss an item on the Consent Agenda, he/she may request so prior to the motion to accept the Consent Agenda or with notification to the Town Manager or Mayor prior to the date of the meeting for which the item was scheduled. The items will be removed from the Consent Agenda and considered in its normal sequence on the agenda.     A.CONSIDERATION OF approving the minutes of the  Special Meeting of May 11, 2021; the      Town Council Regular Meeting of June 15, 2021 2 of 4   A.CONSIDERATION OF approving the minutes of the  Special Meeting of May 11, 2021; the Special Meeting of May 18, 2021; and the Regular Meeting of June 1, 2021.     B.CONSIDERATION OF Resolution 2021-16 approving the designation of Chief Fiscal Officer of the Town of Fountain Hills.     C.CONSIDERATION OF authorizing staff to apply for and accept grant funding from the Arizona Office of Tourism to support marketing and promotion initiatives in Fountain Hills.      D.CONSIDERATION OF approving a Special Event Liquor License application for the Fountain Hills Chamber of Commerce for a beer garden in conjunction with the Oktoberfest event to be held on September 24, 25, 2021.     E.CONSIDERATION OF approving budget transfers for the Capital Fund and Tourism Fund.    F.CONSIDERATION OF Resolution 2021-20 approving an amended Intergovernmental Agreement with Maricopa County Library District     G.CONSIDERATION OF a Public Services Agreement with the Lunsford Group, LLC, for government relations and lobbying services.     8.REGULAR AGENDA     A.CONSIDERATION OF delaying implementation of the recently adopted sign ordinance relating to temporary signs.     B.CONSIDERATION OF Resolution 2021-18 adopting the Fountain Hills Active Transportation Plan.     C.CONSIDERATION OF a Special Use Permit to allow residential use of the second floor of an existing building in C-C, Common Commercial, zoned property at 16810 E. El Pueblo.     D.CONSIDERATION OF approving Amendment No. 2 to Cooperative Purchasing Agreement C2017-034 with Bel-Aire Mechanical.     E.CONSIDERATION OF Amendment No. 1 to Cooperative Purchasing Agreement 2018-017 with Urban Energy Solutions, LLC     F.CONSIDERATION OF Resolution 2021-22 approving amendment to the intergovernmental agreement with Maricopa County Animal Control.        Town Council Regular Meeting of June 15, 2021 3 of 4     G.CONSIDERATION OF approving Cooperative Purchasing Agreement 2021-058 with Level 3 Audio Visual, LLC.     H.CONSIDERATION OF accepting donated sculpture entitled, “Who Rescued Who," for display in Fountain Park.     I.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.REQUEST FOR INFORMATION FROM TOWN MANAGER The Council may (1) request the Town Manager to follow-up on matters presented at that meeting; and/or 2) a consensus of the Council may request the Town Manager to research a matter 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. Klein, MMC, Town Clerk   The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 480-816-5199 (voice) or 1-800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to participate in the meeting or to obtain agenda information in large print format. Supporting documentation and staff reports furnished the Council with this agenda are available for review in the Clerk's Office.    Town Council Regular Meeting of June 15, 2021 4 of 4   ITEM 4. B. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 06/15/2021 Meeting Type: Town Council Regular Meeting Agenda Type: Reports Submitting Department: Administration Prepared by: Grady E. Miller, Town Manager Staff Contact Information: Grady E. Miller, Town Manager SPECIAL PUBLIC APPEARANCES/PRESENTATIONS (Agenda Language):  Town Manager Report on the Recently Adopted Sign Ordinance. Staff Summary (Background) On May 18, 2021, the Town Council adopted Ordinance 2021-09 with the intent of conforming the town's sign regulations to the U.S. Supreme Court decision in Reed vs. the Town of Gilbert.  In addition to updating the sign ordinance so that the sign regulations no longer focused on content, per the Supreme Court decision, the sign ordinance also addressed a number of other important areas including flags, banners, temporary signs, size and dimensions of signs, materials used to create signs, and use of the town's rights-of-ways for temporary signs.  At the Town Council meeting on June 1, 2021, a number of residents and business owners spoke in opposition of the sign ordinance as a whole but specifically were concerned about the impact of no longer allowing temporary signs and A Frame signs in the rights-of-ways. During the same Council meeting, Mayor Ginny Dickey and Town Manager Grady Miller discussed that two meetings were scheduled the week of June 7 to address concerns raised by businesses and the real estate community based in Fountain Hills regarding the recently adopted sign ordinance.  On June 15, 2021, Development Services Director John Wesley and Grady Miller will provide a brief presentation to update the Town Council regarding these meetings and other recommendations under the Reports from Mayor, Council, and Town Manager on this topic.  The first meeting was an internal meeting to review the commercial areas in town and what impact, if any, the sign ordinance will have on businesses.  Mayor Dickey, Councilmember Mike Scharnow, and Councilmember Gerry Friedel met with staff to review aerial photographs of the commercial areas and private property abutting the rights-of-way near the businesses.  The bottom line is that only a handful of businesses don’t have sufficient private property to place “A Frame” signs near their businesses.  For the most part, businesses will not be impacted by the newly adopted sign ordinance as it relates to their use of A Frame signs because in most cases, there is sufficient private property beyond the right-of-way to place their signs.     The second meeting was held on Thursday with the Scottsdale Area Association of Realtors. The  The second meeting was held on Thursday with the Scottsdale Area Association of Realtors. The purpose of the meeting was to review how Scottsdale, Carefree, and Cave Creek handle the use of temporary real estate signs and directional signs.  Mayor Dickey, Councilmember Gerry Friedel, Fountain Hills Chamber of Commerce Director Betsy LaVoie, and staff met with the CEO, Government Relations Director, and a board member from the Scottsdale Area Association of Realtors.  The group shared examples of how other cities manage to minimize the impact of temporary signs in the right-of-way relating to real estate signs, directional signs, and event signs. Overall, it was a very good meeting with positive interaction, suggestions, and exchange of information. At the Town Council meeting on June 15, Grady Miller and John Wesley will address the following:  Based on additional research by staff, the sign ordinance will minimally impact the commercial areas relating to temporary signs such as A Frame signs; staff will demonstrate this by presenting aerial photographs of several commercial areas in town that have sufficient private property to display their signs. Staff believes that delaying implementation of the temporary sign regulations is a positive action to take at this time.  Staff recommends delaying implementation of the sign ordinance regulations relating to temporary signs until newly amended temporary sign regulations are recommended by the Planning and Zoning Commission and considered by the Council. This will require numerous public notices and public hearings throughout the process before returning to the Council for its consideration.   Staff will proceed in implementing the other provisions of the sign ordinance which include permanent signs for buildings and monument signs, banners, flags, flag poles, and other sections of the sign code Town staff will coordinate with the Chamber of Commerce on working with businesses in understanding the sign ordinance and assisting with sign options. Any proposed sign ordinance amendments will be discussed at a Town Council meeting in the Fall before returning to Planning and Zoning for modifications. Staff members believe that the proposed sign ordinance amendments will still achieve conformance with the Reed vs. Town of Gilbert court decision while at the same time minimizing the visual impact of signs in the rights-of-way by providing a mechanism (with controls and time limits) for realtors to continue engaging in real estate activities such as open houses. Attachments Town Manager Report on Temporary Signs  Form Review Inbox Reviewed By Date Finance Director David Pock 06/08/2021 10:56 AM Town Attorney Elizabeth A. Klein 06/08/2021 10:58 AM Town Manager (Originator)Elizabeth A. Klein 06/08/2021 10:58 AM Form Started By: Grady E. Miller Started On: 06/07/2021 05:29 PM Final Approval Date: 06/08/2021  TO WN O F F O UNTAIN H ILLS WWW.FH.AZ.GOV Temporary Sign Location Examples June 15, 2021 WWW.FH.AZ.GOV Plat 208 WWW.FH.AZ.GOV Plat 208 WWW.FH.AZ.GOV Plat 208 WWW.FH.AZ.GOV Commerce Center Area WWW.FH.AZ.GOV Commerce Center Area WWW.FH.AZ.GOV Commerce Center Area WWW.FH.AZ.GOV Saguaro Corridor WWW.FH.AZ.GOV Saguaro Corridor WWW.FH.AZ.GOV Saguaro Corridor WWW.FH.AZ.GOV Saguaro Corridor WWW.FH.AZ.GOV Saguaro Corridor WWW.FH.AZ.GOV Shea Corridor WWW.FH.AZ.GOV Shea Corridor ITEM 7. A. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 06/15/2021 Meeting Type: Town Council Regular Meeting Agenda Type: Consent Submitting Department: Administration Prepared by: Elizabeth A. Klein, Town Clerk Staff Contact Information: Grady E. Miller, Town Manager Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION OF  approving the minutes of the  Special Meeting of May 11, 2021; the Special Meeting of May 18, 2021; and the Regular Meeting of June 1, 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 Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends approving the minutes of the Special Meeting of May 11, 2021, the Special Meeting of May 18, 2021, and the Regular Meeting of June 1, 2021. SUGGESTED MOTION MOVE to approve the minutes of the Special Meeting of May 11, 2021, the Special Meeting of May 18, 2021, and the Regular Meeting of June 1, 2021. Attachments May 11, 2021 Special Meeting Minutes  May 18, 2021 Special Meeting Minutes  June 1, 2021 Regular Meeting Minutes  Form Review Inbox Reviewed By Date Town Manager Grady E. Miller 06/03/2021 07:27 AM Form Started By: Elizabeth A. Klein Started On: 06/02/2021 02:17 PM Final Approval Date: 06/03/2021  TOWN OF FOUNTAIN HILLS MINUTES OF THE SPECIAL MEETING OF THE FOUNTAIN HILLS TOWN COUNCIL MAY 11, 2021                  1.CALL TO ORDER – Mayor Dickey    Mayor Dickey called to order the Special Meeting of May 11, 2021, at 4:30 p.m.   2.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 Present: Town Manager Grady E. Miller; Town Attorney Aaron D. Arnson; Acting Town Clerk Angela Espiritu  3.RECESS INTO EXECUTIVE SESSION    MOVED BY  Vice Mayor David Spelich, SECONDED BY Councilmember Mike Scharnow to recess into Executive Session.   Vote: 7 - 0 Passed - Unanimously   4.EXECUTIVE SESSION    The Fountain Hills Town Council recessed into Executive Session at 4:30 p.m.   A.Discussion or consultation for legal advice with the attorney or attorneys of the public body, pursuant to A.R.S. Section 38-431.03(A)(3).   i.Possible measures to address safety and other concerns related to solicitations.   5.ADJOURNMENT    The Fountain Hills Town Council reconvened into Open Session at 5:08 p.m. at which time the Special Meeting of May 11, 2021, adjourned.     TOWN OF FOUNTAIN HILLS ____________________________ Ginny Dickey, Mayor              ATTEST AND PREPARED BY: ______________________________  Elizabeth A. Klein, Town Clerk          TOWN OF FOUNTAIN HILLS MINUTES OF THE SPECIAL MEETING OF THE FOUNTAIN HILLS TOWN COUNCIL MAY 18, 2021                  1.CALL TO ORDER – Mayor Dickey    Mayor Dickey called to order the Special Meeting of the Fountain Hills Town Council held May 18, 2021, at 4:32 p.m.   2.ROLL CALL – Mayor Dickey Present: Mayor Ginny Dickey; Councilmember Mike Scharnow; Councilmember Peggy McMahon; Councilmember Gerry Friedel; Councilmember Alan Magazine; Councilmember Sharron Grzybowski  Absent: Vice Mayor David Spelich  Staff Present: Town Manager Grady E. Miller; Town Attorney Aaron D. Arnson; Town Clerk Elizabeth A. Klein  3.RECESS INTO EXECUTIVE SESSION    MOVED BY  Councilmember Sharron Grzybowski, SECONDED BY Councilmember Gerry Friedel to recess into Executive Session.   Vote: 6 - 0 Passed - Unanimously   4.EXECUTIVE SESSION    The Fountain Hills Town Council recessed into Executive Session at 4:32 p.m.   A.Discussions or consultations with designated representatives of the public body in order to discuss security plans, procedures, assessments, measures or systems relating to, or having an impact on, the security or safety of buildings, facilities, operations, critical infrastructure information and information technology maintained by the public body.  Records, documentation, notes, or other materials made by, or provided to, the representatives pursuant to this paragraph are confidential and exempt from public disclosure under this chapter and title 39, chapter 1, pursuant to A.R.S. 38-431.03(A)(9).    i.Plans and procedures related to Town emergency operations                  5.ADJOURNMENT    The Fountain Hills Town Council reconvened into Open Session at 5:13 p.m. at which time the Special Meeting of May 18, 2021, adjourned.     TOWN OF FOUNTAIN HILLS ____________________________ Ginny Dickey, Mayor              ATTEST AND PREPARED BY: ______________________________  Elizabeth A. Klein, Town Clerk       Town Council Special Meeting of May 18, 2021 2 of 2 TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR MEETING OF THE FOUNTAIN HILLS TOWN COUNCIL JUNE 1, 2021                  1.CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Dickey    Mayor Dickey called the meeting of June 1, 2021, to order at 5:35 p.m. and led the 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 Gerry Friedel; Councilmember Peggy McMahon; Councilmember Alan Magazine; Councilmember Sharron Grzybowski Staff Present: Town Manager Grady E. Miller; Town Attorney Aaron D. Arnson; Town Clerk Elizabeth A. Klein 4.REPORTS BY MAYOR, COUNCILMEMBERS AND TOWN MANAGER    Town Manager Grady Miller reported that Jerry Miles, Mayor from 1996-1998, had passed away, noting that he and his wife had been very active in the community and touched a lot. He said that the loss will be felt. More information is to come regarding a service. He said that on June 5, 2021, the Town will hold its second vaccination clinic, providing the second Moderna shot, and they will also have the first of the Pfizer shot and the Johnson & Johnson one-shot vaccine available. Councilmember Grzybowski said that she attended the GPEC Board of Directors Meeting, the League Legislative Update and also the GPEC Transforming Spaces and Places Meeting. She said that they talked about the fact that when they were younger they hung out at the regional malls, but that is in the past. They heard about the new Paradise Valley Mall Redevelopment which will be 50 percent residential and 50 percent nonresidential, with bike and walking paths. She also gave a plug that this year's Leadership Academy Planning Committee now has applications available at ILOVEFOUNTAINHILLS.ORG. She noted that she is catching the red-eye back to Virginia this evening so she will need to leave the meeting by 8:30 p.m. Councilmember Magazine said that he and his wife have lived in Fountain Hills for 15 years, and he knows of no one that has dedicated as much time as the Miles. He said that several of them were asked to go out and take photos of the sculptures around Town, and he was amazed by the number of them that had been paid for by the Miles. Councilmember McMahon said that she attended the Arizona League Sustainability and Quality of Life Committee Meeting. They are working with the State, SRP, etc. to increase electric vehicle stations throughout the state. They are looking at the Recycling Fund for ways to support sustainable and renewable energy, and they are also working with MAG to address homelessness. She attended the MAG Economic Council meeting, and they continue to support development of the Regional Transportation Plan and ensure that Prop 400 does not phase out in 2025. She said that the regional housing market has been affected by people moving from Seattle and California, along with the increase in building materials, and affordable housing is hard to find. She noted that Tempe has created the Hometown for All Initiative. Last year Phoenix had 34 brand new companies, nationally and internationally, bringing 8,000 new jobs. She said that the trend is not slowing down. Councilmember Friedel said that he attended the call with the League on May 25 regarding the flat tax, and the effects could be close to $1 million to Fountain Hills alone. He called on all his colleagues to encourage the Legislature to hold the cities/towns harmless. He said that Mr. Ponder was on the call and he is very sharp. He also attended a ribbon cutting for Priority Hearing, and yesterday he helped Rotary set up between 2,000 and 3,000 flags for Memorial Day. He also attended the Post 58 Veterans Wall, where they had between 500 and 1,000 people. He said that it was a moving experience. Council Scharnow said that he attended the same ribbon cutting, and he also attended a Valley Metro Board Meeting. Mayor Dickey noted that she was going to move Items 8G and 8J to come right after 8C, as Councilmember Grzybowski would like to be present for the discussion and vote on those items. She reported that the Fountain Hills High School became a 2020 A+ School of Excellence, and she went to the Falcon Nest to help them celebrate. She attended a MAG Executive Board of Directors Meeting and they nominated a slate for the Board, which went to the whole Regional Council that same day, and she and Councilmember Scharnow are working on transportation issues through MAG and RPTA. She said that she was happy to attend the High School Graduation; it was very encouraging and hopeful. Fort McDowell Yavapai Nation's Vice President Paul Russell gave a speech that was positive and empowering; all speakers were inspiring. She was introduced to Marshall Shore, known as the “Hip Historian” to share the story of Fountain Hills in an online setting through writing a list of trivia questions where the answers become the conversation. It is poignant that she had the book “Rising above the Rest” for reference, as she was able to talk about Jerry Miles and the role he played in writing it with Alan Cruikshank and Jean Linzer and the local contributors. She said that Jerry was so committed to the community, and he will be sorely missed. She conveyed the Town's condolences to Jackie, his family and his many colleagues & friends.   Town Council Regular Meeting of June 1, 2021 2 of 16             A.RECOGNITION OF Students of the Month for January, February, March of 2021    Mayor Dickey said that it had been some time since they were able to do this, with the pandemic closing schools and meetings. She read off the names of each of the students, and asked those that were present to come forward to receive their certificate and have a group photo taken. She noted that at the next meeting they would be recognizing the Stellar Students of April and May. January Stellar Students of the Month: Lilliana Perla McDowell Mountain Elementary School Henry Good McDowell Mountain Elementary School Zoe Jagodzinski Fountain Hills Middle School Jacob Markel Fountain Hills Middle School DeShawn Rivera Fountain Hills High School Bella Garman Fountain Hills High School February Stellar Students of the Month: Kellen Bryant McDowell Mountain Elementary School Kaycee Dehaan McDowell Mountain Elementary School Alex, Paige and Gia Ivie Fountain Hills Middle School Kensie Jibbin Fountain Hills Middle School Colton Marshall Fountain Hills High School Kayla Thorne Fountain Hills High School March Stellar Students of the Month: Emma Tobias McDowell Mountain Elementary School Matthew Walters McDowell Mountain Elementary School Cason Pitz Fountain Hills Middle School Navaeh Baxter Fountain Hills Middle School Tyler Thurlow Fountain Hills High School Josie Sand Fountain Hills High School   5.SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS   A.PRESENTATION BY Captain Kratzer of MCSO with a Monthly Update.    Captain Kratzer said that he wanted to highlight a couple of cases solved recently by their detectives that deserve special recognition. First was from the local Target store where they were hit 6 times within 21 days, with over $11,000 in electronics and good stolen. MCSO worked with their Loss Prevention, and they found that the same people were responsible for several incidents at the Talking Stick store and also in Gilbert and Mesa. They identified the suspect using his credit card. They obtained a search warrant and placed a tracking device on his vehicle. They located him at his residence on May 13 and arrested him for shoplifting. He said that he admitted to all of them and was selling merchandise on social media sites to feed a drug addition. Town Council Regular Meeting of June 1, 2021 3 of 16 The second case was the recent hit and run fatality that occurred on McDowell Mountain Road. He said that it happened on May 25, 2021, between 5:30 and 6:30 a.m. He said that there were two trucks traveling on the road and the second one hit the bicyclist and did not stop. The driver stopped at McDowell Mountain Regional Park to look at the damage, and the first truck, while they did not see it happen, noticed that the truck had stopped at the park and then the driver did not show up for the job and called in sick. He said that the deceased was found by another bicyclist on the road that noticed bike parts and called 9-1-1. Their detectives did a great job in making an arrest within two days, in part due to great witnesses, although no one saw it actually happen, there was a very alert park attendant who noticed the truck pull in, get out and look at the fender. Later on, she reported that the detectives. From that they located residential surveillance equipment that showed the same truck in the roundabout in Rio Verde. He said that without the help of the public, it would not have been solved so quickly. He said that the detectives were invited to the meeting, but they are still busy working on the case, and they all appreciated the invitation. The main detective was Sergeant Dave Taylor (supervisor), and Detectives Forrest Wright, Jason Porter, Billy Gardner, Sean Horning, Kate Ashby, and Caleb Frey. Vice Mayor Spelich said that these cases are extremely difficult to solve and the detectives did a great job. Councilmember McMahon thanked them for their work. Mayor Dickey stated that they had heard of the officer killed in a car accident, and their respect and thoughts go out to all of them.   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.    The following individuals had submitted cards online, or in person, requesting to speak at the meeting under Call to the Public in opposition to the newly-adopted Sign Ordinance: ♦ Stephenie Bjorkman ♦ Suzanne Nann (during the meeting indicated she was supporting the opposition, but did not wish to speak) ♦ Gina Stevens ♦ John Kavanagh ♦ Linda Kavanagh ♦ Rosemary Powell ♦ Betsy LaVoie ♦ Chris Enos ♦ Steve Vargo ♦ Tyrone Meredith ♦ Frank Quinn ♦ Mark Bierman ♦ Stephanie Sandoval ♦ Dori Wittrig Town Council Regular Meeting of June 1, 2021 4 of 16 ♦ Terri Tieber ♦ Chris Brant Comments included: ♦ They are opposed to the new Sign Ordinance ♦ The businesses need their signs and there is no reason they cannot work together to keep them and make everyone happy ♦ How much tax revenues will the Town lose by taking away signs? ♦ Asking that the Town Council reconsider the item at the June 15, 2021, Council Meeting ♦ Does not feel this is a beneficial decision; when they go places signs tell them that a business is open ♦ As a real estate agent, half of the people going to open houses say they came because of the Open House sign they saw ♦ The sign issue in Town is not new; they never eliminated the signs, but taking them back 15 feet from the curb is pretty much eliminating them ♦ One Councilmember indicated safety concerns with temporary signs; in his six years on Town Council he never heard or read of safety issues from signs ♦ The Town has a lot of directional signs in the right-of-way; are they going to remove those? ♦ What about political signs? One person that voted for the new ordinance had political signs up ♦ One person on Council can change this and he hoped they will ♦ The Town runs on sales tax money ♦ She was on the last big signs committee ♦ Signs increase foot traffic bring in new customers and are necessary for wayfinding, especially for realtors. ♦ Why would they impose this new ordinance, without even consulting the businesses? ♦ She is a registered nurse, and she asked the Council to visualize restaurants, tax revenues, etc. with signs. She offered three hypnosis sessions to anyone on Council ♦ Public right-of-way is different in width throughout Town ♦ This is one more burden to overcome ♦ The Council should put together a task force ♦ Spoke with hundreds of businesses, and she had 627 supporters to reverse the May 18 decision ♦ 77% said that temporary signs were extremely important and 19% said they were very important ♦ More than 87% of the Town's businesses have people walk through their door because of their sign ♦ Does the Town have any data to support the statement that the impact was being "overblown?" ♦ Beauty is in the eye of the beholder ♦ He was asked to look at the law; aesthetics are important, but who judges? ♦ Distances in right-of-way are arbitrary and capricious ♦ Reconsider the 4-3 vote; bring in the Chamber and other stakeholders ♦ Resident since 1991; owns MCO Realty, and most of his agents believe this is going to hinder their ability to represent the homeowners ♦ He is an outsider looking in ♦ Four years ago he found a house to buy and moved to 110th St. and Shea, but he always comes back to patronize the restaurants, some of which he found because of the signs ♦ Signs are a welcome to those that do not know an area ♦ He is also an outsider, and is in the sign business, but he has no gain to be there as he Town Council Regular Meeting of June 1, 2021 5 of 16 does not sell or make a-frame signs ♦ He does like the tone of the whole Council and the idea of them coming together ♦ Employees of large corporations did not feel the impact of 2008; small businesses did, and now they have all gone through the pandemic ♦ Businesses are now reopening and getting a chance to recover ♦ He and his wife are residents and owners of GOAL agency; they found their home and restaurants through signs ♦ Was a home builder in Minnesota for over 25 years, and signs were the #1 reason people came to the model homes ♦ Loves the Town; is a business owner in Town, and property owner ♦ She works with 300 agents with Homesmart International, 60 of which are in Fountain Hills, and this is harming both the consumers and the agents ♦ Owns Remax and serves on many boards in Town ♦ It has been 9 years and 6 months since November of 2011, the bottom of the real estate market and there were 3 tough years leading up to that ♦ COVID has been a nightmare ♦ Many people find their way here because of the fountain; hundreds of would-be tourists come without a thought in their mind, but by the end of the day they happen upon a sign on a street corner that takes them to a house they buy ♦ Shocked that the Town Council made such a drastic decision when it does not seem at all necessary ♦ The community has crafted good policy before; they can do it again ♦ Owner of Sunbaked Bakery said she needs her signs because the building sits back ♦ She comes in at 2:30 in the morning and puts her sign out; people then know she is open ♦ Suggests that all the tenants pay for one sign at the end of every street telling people what is down that road ♦ Has lived in the area since 1983, and was shocked that they would vote for this ♦ Even before the pandemic the businesses were in trouble Town Clerk Elizabeth Klein reported that the Town received two electronic comment cards in support of the ordinance from Sherrilynn James and Fred James; and 13 in opposition from Melinda Stanton, Pal's Inn, Cherie Koss, Suzanne Isaacs, Erin Holman, Michael Gant, Dr. Nancy Gaillard-Dillard, Peter Donzelli, Sandy Cashen Paige Lorentzen, Tammy Bell, Lisa Murray, and Dean Warner. Representative Kavanagh also reported during Call to the Public that he was quite confident that the Legislature would pass a flat personal tax, but they will hold the cities and towns harmless. He said that every resident is going to have a tax cut. Crystal Cavanaugh, Fountain Hills, said that she was back to talk about detox units. She said that they may not be discussing them now, but as soon as the Town receives a formal application, they will be back for consideration. They already have some in Town, but she asked if they want more. Once they are in Town they cannot get rid of them. Patrick Russo, Fountain Hills business owner, said that he agreed with everything being said, but he was there to speak about a different issue. There is a new business his building looks at, and he is surprised that the Town has allowed a warehouse to go into the middle of Town. They want to put their loading dock in the front of the building; he hoped they were not going to allow them to do that. He is concerned with safety in having semis turning around and coming in and out when fairs are going on. Ed Stizza, Fountain Hills, said that it was fantastic to see everyone there, but he was Town Council Regular Meeting of June 1, 2021 6 of 16 there to talk about the crosswalk (Desert Vista). The turnout shows that it would be nice to have a public forum. He also mentioned the new panhandling sign at Saguaro and Shea, and asked if it was in the right of way.    Councilmember Friedel said that in response to comments made during the Call to the Public, he would like to request 1) staff look into the loading dock issue; 2) staff look at the height of the lights at the Desert Vista crosswalk and see if they need to be baffled; and 3) if there was any type of direction they could give regarding changes to the sign ordinance. Mr. Miller noted that the codes require shields on lights at all intersections, not just because of the dark sky ordinance, but to keep lights from bothering the neighbors. MOVED BY Vice Mayor David Spelich to rescind the vote on the sign ordinance. Mr. Arnson said that the item is not on the agenda to be voted on. Vice Mayor Spelich said that according to Parliamentary Procedure it did not need to be. Mr. Arnson said that based on Arizona's Open Meeting Law, it must be a separate item on the agenda for action to be taken. Mayor Dickey said that is so that anyone wishing to speak on a specific issue would know when it was on the agenda, so they could be present or submit comments.   7.CONSENT AGENDA ITEMS All items listed on the Consent Agenda are considered to be routine, noncontroversial matters and will be enacted by one motion of the Council. All motions and subsequent approvals of consent items will include all recommended staff stipulations unless otherwise stated. There will be no separate discussion of these items unless a councilmember or member of the public so requests. If a councilmember or member of the public wishes to discuss an item on the Consent Agenda, he/she may request so prior to the motion to accept the Consent Agenda or with notification to the Town Manager or Mayor prior to the date of the meeting for which the item was scheduled. The items will be removed from the Consent Agenda and considered in its normal sequence on the agenda.    MOVED BY Councilmember Sharron Grzybowski, SECONDED BY Councilmember Mike Scharnow to approve the Consent Agenda Item 7-A.  Vote: 7 - 0 Passed - Unanimously    A break was held from 7:02 p.m. to 7:10 p.m.   A.CONSIDERATION OF approving the meeting minutes of the Regular Meeting of April 20, 2021, the Regular Meeting of May 4, 2021, and the Regular Meeting of May 18, 2021.      8.REGULAR AGENDA   A.PUBLIC HEARING regarding Resolution 2021-14, approving the Final Budget for the Town of Fountain Hills for the fiscal year beginning July 1, 2021, and ending June 30, 2022. CONSIDERATION of Resolution 2021-14 of the Mayor and Council of the Town of Fountain Hills, Arizona, approving the Final Budget for the Town of Fountain Hills for the fiscal year beginning July 1, 2021, and ending June 30, 2022.       Mayor Dickey opened the Public Hearing. Town Council Regular Meeting of June 1, 2021 7 of 16  Mayor Dickey opened the Public Hearing. Mr. Miller stated that the Town Council adopted the Tentative Budget back in May, which is the work plan for the next year. He noted that the process began with a Council Retreat, several Council workshops, a public open house, and then Tentative Budget adoption in May. Finance Director David Pock said that the action taken tonight is to get the Final Budget adopted and also the Budget Implementation Plan. He reported that the TPT collections for last month were the highest ever for a month in collections. Typically, April's are higher, but they did have a good month, mostly due to restaurants and bars coming back as well as services. He said that with last month's numbers, the Town reached their budget numbers; the remaining three months' revenue will be the gravy. He then gave a brief PowerPoint presentation which addressed: FY22 FINAL BUDGET FY22 GENERAL FUND REVENUES FY22 GENERAL FUND EXPENDITURES FTE'S CAPITAL PROJECTS AMERICAN RESCUE PLAN He said that originally staff thought that the Town would be receiving just over $3 million each year for the next two years, or $6 million; however, they received an e-mail from the Department of Treasury today indicating that the Town is scheduled for $8.4 million over those two years. He said that the State is going to be doing a webinar on Friday to walk staff through the process. RECOMMENDED USES POTENTIAL USES Mayor Dickey closed the Public Hearing and recessed the Regular Meeting into a Special Meeting.    MOVED BY Councilmember Mike Scharnow, SECONDED BY Councilmember Peggy McMahon to adopt Resolution 2021-43.  Vote: 7 - 0 Passed - Unanimously    The Special Meeting adjourned and the Town Council reconvened into the Regular Meeting.   B.CONSIDERATION OF Resolution 2021-15 adopting and establishing the 2021-22 Budget Implementation Policy and approving the Town Organization Charts, the FY 2021-22 Pay Plans, the Schedule of Authorized Positions, and the updated Employee Job Descriptions.       Mr. Pock explained that this was the implementation memo that outlines the Town Council Regular Meeting of June 1, 2021 8 of 16  Mr. Pock explained that this was the implementation memo that outlines the administration of the budget. Councilmember Magazine said that he would like to address the second part of the resolution, regarding the Town Organization Chart and pay plans. He said that many years ago he sat next to the Chairman of a very large food company on a flight and asked him what the secret was to his success. He was told that the number one job is choosing the right people. Councilmember Magazine said that he does not know all the staff, but he has witnessed the dedication of department heads and others that do not get enough credit. He is constantly impressed by the people and their dedication, they are uniformly outstanding and bright, committed, responsive to the Town Council and residents. The Council needs to not take them for granted. He said that he could not speak highly enough for the quality of the Town staff. Mr. Miller thanked Councilmember Magazine for his comments and said that he would be glad to convey that message to the staff. He added that they have a great team. With regard to the budget implementation plan, he noted that when he was out the last few weeks, for some reason the corrected organizational chart for Public Works and the respective job descriptions did not get in the final packet. The only change, as indicated on the items placed on the dais, is that the Town Engineer will now have supervisory authority over the Assistant Town Engineer. Mayor Dickey thanked Councilmember Magazine for his comments related to staff. She appreciated their responses, always giving clear answers that help her respond to constituents.    MOVED BY Councilmember Sharron Grzybowski, SECONDED BY Councilmember Peggy McMahon to adopt Resolutioin 2021-15 (with the corrected attachments presented).  Vote: 7 - 0 Passed - Unanimously   C.CONSIDERATION OF Professional Services Agreement 2021-051 with Heinfeld, Meech & Co. for annual financial auditing services for FY21-25 with a total not-to-exceed amount of $198,695.       Mr. Pock said that the Town is required by Arizona Revised Statutes to request proposals every five years for auditing services to ensure that the Town is receiving the best service for the best price. In March, staff received five responses. Staff graded those and invited two to come back in for an oral interview. After that, it came down to the same two firms as last time, and they decided that Heinfeld, Meech & Co. deserved another five-year contract. They are familiar with Town processes and the Town has been working on efficiencies that they have built in. Mr. Miller noted that the $198,000 is over the course of five years. It is slightly inflated as they never know if they are going to need a single audit.    MOVED BY Councilmember Gerry Friedel, SECONDED BY Councilmember Mike Town Council Regular Meeting of June 1, 2021 9 of 16  MOVED BY Councilmember Gerry Friedel, SECONDED BY Councilmember Mike Scharnow to approve Professional Services Agreement 2021-051 with Heinfeld, Meech & Co., P.C. for annual financial auditing services for fiscal years 2021 through 2025.to approve Professional Services Agreement 2021-051 with Heinfeld, Meech & Co., P.C. for annual financial auditing services for fiscal years 2021 through 2025.to approve Professional Services Agreement 2021-051 with Heinfeld, Meech & Co., P.C. for annual financial auditing services for fiscal years 2021 through 2025.  Vote: 7 - 0 Passed - Unanimously   D.CONSIDERATION OF Ordinance 21-08 amending Section 7-1-2 of the Town Code to provide a local amendment to the adopted 1997 Uniform Code for the Abatement of Dangerous Buildings by adding an additional definition.       Mr. Wesley said that staff was given direction by the Town Council to address the issue of construction that has started but never been completed. Staff knows of five or six areas where this has occurred. In reviewing the 1997 Uniform Code for Abatement of Dangerous Buildings, they found that if they went into the definitions and added one more definition, they could address this issue. He said that staff was proposing a two-year period; however, that decision was up to the Council to determine. He said that staff would reach out to a property owner or developer, remind them of the time frame and reference the code requirement, and let them know that they must either take action or the Town would. If they were not agreeable with action taken by the Town, they could appeal it to the Board of Adjustment. Councilmember Magazine said that he was concerned with the term "dangerous." Mr. Wesley said that if something is determined as life-threatening the Building Official has the ability to step in. He said that once the Council takes action, staff will reach out to the property owners of the existing unfinished projects, provide them a period of time to start doing something, and if they do not, the Town will start a formal process. Councilmember McMahon said that she believed that two years was too long of a period. Mr. Wesley said that the Town would probably start with billing, but if it is not corrected, they may end up having to lien the property. Councilmember Scharnow agreed that two years was too long, and asked if a standard single-family building permit was good for a one-year period. Mr. Wesley said that it is usually six months, but it continues as long as they continue to do work within that time frame. He said that this was industry standard. Councilmember Scharnow asked if this would address something like the old Taco Bell building that caught on fire and was fenced off. Mr. Miller said that with that particular case, his understanding is that it is structurally sound; it has not been condemned. The issue of safety is with people breaking in. Mayor Dickey asked why this would not address that issue. Mr. Wesley said that he would need to speak to the building officials. They were specifically looking at new construction. A different situation with existing buildings would have other codes that apply.    MOVED BY Councilmember Mike Scharnow, SECONDED BY Councilmember Alan Magazine to adopt Ordinance 21-08, with the change from two years to one year.  Vote: 7 - 0 Passed - Unanimously   Town Council Regular Meeting of June 1, 2021 10 of 16   E.CONSIDERATION OF approving Amendment No. 1 to Cooperative Purchasing Agreement 2021-002 with Sanderson Ford for the purchase of one new light duty truck.       Mr. Weldy said that this request is to purchase a new fire marshal vehicle. He said that everything is in alignment with the Town's procurement and vehicle replacement policy. The only difference between this and others is the color. The existing vehicle has reached its ten-year life, and while it is in relatively good condition, it is subject to failures. Councilmember Friedel noted that 20% of the unit was for upgrades. Mr. Weldy said that the firefighters take incredible care of the Town's vehicles. Councilmember McMahon asked what would be done with the old vehicle. Mr. Weldy said that it would go into stand-by mode, and the one currently in stand-by will go out to auction.    MOVED BY Councilmember Sharron Grzybowski, SECONDED BY Councilmember Gerry Friedel to approve Amendment No. 1 to Cooperative Purchasing Agreement 2021-002 with Sanderson Ford for the purchase of one new light duty truck in the amount of $44,511.70 .  Vote: 7 - 0 Passed - Unanimously   F.CONSIDERATION OF approval of Contract 2021-050, Third Amendment to contract with Verizon Wireless for a wireless facility lease at Shea and Palisades.       Mr. Weldy said that the Town actually has leases on several pieces of property to wireless companies. This is for a renewal of an existing agreement on the northwest corner of Palisades and Shea. The traffic signal pole has a wireless antenna array, and just west of the site is a backup generator and site operation center. He said that staff and Verizon Wireless went back and forth and this is what Verizon Wireless offered. Currently, rent is $1,512/month; the new agreement is $1,665/mo for the first 5 years; the second renewal goes to $1,830/month, and the third renewal goes to $2,015/month. He said that Verizon Wireless will continue to make upgrades to their array to ensure that they are competitive. If the change is substantial, staff will be back to the Council to receive guidance. Councilmember Magazine asked if any other company piggybacks with this. Mr. Weldy said that there is not a co-location agreement at this site.    MOVED BY Councilmember Mike Scharnow, SECONDED BY Councilmember Gerry Friedel to approve Contract 2021-050.  Vote: 7 - 0 Passed - Unanimously   G.CONSIDERATION OF Contract 2021-048 with PlaySpace Design, Inc. for Fountain Park Playground Equipment and Splash Pad Remodel.       Community Services Director Rachael Goodwin thanked the Council for adopting the Town Council Regular Meeting of June 1, 2021 11 of 16  Community Services Director Rachael Goodwin thanked the Council for adopting the budget, as within that they authorized the CIP which includes this project. She then gave a brief PowerPoint presentation which addressed: FOUNTAIN PARK PLAYGROUND AND SPLASH PAD She showed a picture of the existing equipment and what the new equipment will look like. She said that using the upgraded system will allow them to do better preventative maintenance as they can remove parts without having to bust concrete. The life expectancy is 10-12 years, and they have surpassed that time on the old equipment. RENOVATIONS Ms. Goodwin said that there are a number of new products that have come out since the old equipment was put in, that has slip and fall protections, can withstand the desert sun, and longevity. Councilmember Friedel asked who polices where the kids go. Ms. Goodwin said that they police themselves. She said that they do not intend to take this project on until October, as they wanted to close at the end of the season, but they would like to get the order submitted soon. TIMELINE AND BUDGET Ms. Goodwin showed a short video of what the equipment will look like. Councilmember Fridel asked if it was something they could share on the Town's website. Ms. Goodwin replied that it was.    MOVED BY Councilmember Alan Magazine, SECONDED BY Councilmember Peggy McMahon to approve Contract 2021-48 with PlaySpace Design, Inc for the replacement of playground equipment and splash pad in Fountain Park for an amount not-to-exceed $1,200,000.  Vote: 7 - 0 Passed - Unanimously   H.CONSIDERATION OF applying for the biannual Arizona Sports and Tourism Authority grant.       Ms. Goodwin said that they have applied for this particular grant a number of times, using it for redoing the tennis courts and adding a basketball court at Four Peaks Park. She said that this grant comes open every two years. The odd year is the application, and the even year is when the project is done. It is now time to apply. She said that this year they would like to go back and ask for a new project. She said that this is funded through the car rental tax. They will be proposing to add lights to the skate park, since the Arizona Tourism Authority is specific to youth outdoor activity. She said that they have asked for this before, but staff believes that with the improvements made at the park, they stand a better chance. She said that without lighting at this amenity, it renders it unusable during the peak time. She said that this project is programmed into the CIP for the Town's half of the project, with $75,000 from the Town and the ask would be $75,000.    MOVED BY Councilmember Peggy McMahon, SECONDED BY Councilmember Mike Town Council Regular Meeting of June 1, 2021 12 of 16  MOVED BY Councilmember Peggy McMahon, SECONDED BY Councilmember Mike Scharnow to authorize a grant application for the Arizona Sports and Tourism Authority Grant for skate park lighting at Desert Vista Skate Park and authorize the grant acceptance and all steps necessary to implement if awarded the grant.  Vote: 7 - 0 Passed - Unanimously   I.CONSIDERATION of applying for an Arizona Parks and Trails Grant       Ms. Goodwin said that this is a new grant, and was found by members of the Community Services Advisory Commission who has a group that looks for grants. This is for a new bathroom to be located at Four Peaks Park, adjacent to the new playground space. There is one bathroom at this park now, but it is on the other end of the park. She said that there is evidence that there was a restroom there when the school was operating, so they believe the infrastructure is in place. She said that they would do further research and, if appropriate, would like to apply. It is a longer grant cycle. Applications are submitted this fall, but they would not know until next Spring.    MOVED BY Councilmember Gerry Friedel, SECONDED BY Councilmember Alan Magazine to authorize a grant application to Arizona State Parks and Trails and authorize the grant acceptance and all steps necessary to implement if awarded the grant for the addition of a restroom at Four Peaks Park.  Vote: 7 - 0 Passed - Unanimously   J.CONSIDERATION OF Resolution 2021-19 adopting the Community Services Parks, Recreation and Trails Master Plan       Ms. Goodwin gave a PowerPoint presentation on the new Community Services Parks, Recreation and Trails Master Plan that addressed: COMMUNITY SERVICES PARKS, TRAILS, AND RECREATION MASTER PLAN What is a Master Plan? How was the Master Plan Developed? Added: Botanical Garden NEXT STEPS FOR THE MASTER PLAN Councilmember Scharnow thanked staff, noting that he read through it quickly again after the packet was sent out, and although he does not agree with all the objectives, he appreciated the slide at the end that explained it is a blueprint. Mayor Dickey said that she liked the connection to the Strategic Plan. She talked with members of the Strategic Planning Advisory Commission and Vision Fountain Hills, and several of the objectives are related to that, while others are not. She said that it is flexible, and it is a blueprint. She said that she read back through the minutes of when it first came to Council and a lot of what was discussed at that meeting was incorporated into this document. She said that she is hoping they can go back, with the success of the recent Thursday live shows on the Avenue, and perhaps a First Friday concept. Town Council Regular Meeting of June 1, 2021 13 of 16 Councilmember Grzybowski said that one thing she wanted to mention was that, yes it is a guide and not binding, but when they had the presentation the consultant addressed that it was "big picture," and it would be a great guideline as Community Services is coming up with a pathway; that is the entire purpose in this.    MOVED BY Councilmember Peggy McMahon, SECONDED BY Councilmember Sharron Grzybowski to adopt Resolution 2021-19 for the Community Services Parks, Recreation, and Trails Master Plan  Vote: 7 - 0 Passed - Unanimously   K.CONSIDERATION OF authorizing the Town Manager, or his designee, to apply for, accept, and/or receive American Rescue Plan grant funds, passed through the State of Arizona, and to make the necessary FY22 budget transfers.       Mr. Pock said that they they are holding an informational meeting on Friday, and he is anticipating it to be the same type of application as before. It has to be submitted by July 1. Mr. Miller reminded the Town Council that they did talk about this previously, and staff will come back to the Council in September with a work session or agenda item with potential uses, but the real critical piece is Council's approval tonight to move forward.    MOVED BY Councilmember Alan Magazine, SECONDED BY Councilmember Peggy McMahon to authorize the Town Manager, or his designee, to apply for, accept, and/or receive American Rescue Plan grant funds and to make the necessary FY22 budget transfers.  Vote: 7 - 0 Passed - Unanimously   L.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.       Mr. Miller said, as mentioned earlier, that the House and Senate have taken a break prior to the holiday weekend. It sounds like it is possible that the flat tax may or may not be passed. Nick Ponder has done a good job. Based on what he has heard from Nick and the League staff, all the vigilance has paid off, but they may have to ask the Council to do more. And, he thanked Councilmembers for what they did on their own.   9.COUNCIL DISCUSSION/DIRECTION to the TOWN MANAGER Item(s) listed below are related only to the propriety of (i) placing such item(s) on a future agenda for action, or (ii) directing staff to conduct further research and report back to the Council.    Vice Mayor Spelich said that before they close, he would implore that those who voted for Town Council Regular Meeting of June 1, 2021 14 of 16  Vice Mayor Spelich said that before they close, he would implore that those who voted for the sign ordinance consider how it will negatively affect businesses. It is not a threat, but if it stands as adopted, it will go to a referendum. It will be Daybreak Part II. He said that he is willing to be flexible; they need to put their heads together. Councilmember Magazine said that he does not have his feet in cement. He keeps hearing that they need to compromise, but he has not heard anything. Putting this on the agenda for the next meeting is not the right time. Councilmember Friedel said that maybe if it was on the agenda they could find a way to delay, and do it the right way. He said that they are all about shopping local and there are a lot of businesses struggling in Town. These are families in a lot of the businesses. They need to find a way to get input and do it the right way. Mayor Dickey said that they should wait and let staff get back with them after their meetings. They cannot debate this right now. She thanked Dave Trimble for filling in for Grady, and welcomed Grady back.   10.ADJOURNMENT    MOVED BY Councilmember Sharron Grzybowski, SECONDED BY Councilmember Alan Magazine to adjourn.  Vote: 7 - 0 Passed - Unanimously    The Regular Meeting of the Fountain Hills Town Council held June 1, 2021, adjourned at 8:28 p.m.     TOWN OF FOUNTAIN HILLS ____________________________ Ginny Dickey, Mayor ATTEST AND PREPARED BY: ______________________________ Elizabeth A. Klein, Town Clerk CERTIFICATION 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 1st day of June, 2021. I further certify that the meeting was duly called and that a quorum was present. DATED this 15th day of June, 2021. _________________________________ Elizabeth A. Klein, Town Clerk Town Council Regular Meeting of June 1, 2021 15 of 16 ITEM 7. B. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 06/15/2021 Meeting Type: Town Council Regular Meeting Agenda Type: Consent Submitting Department: Administration Prepared by: David Pock, Finance Director Staff Contact Information: David Pock, Finance Director Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION OF  Resolution 2021-16 approving the designation of Chief Fiscal Officer of the Town of Fountain Hills. Staff Summary (background) The Arizona Auditor General requires designation of a Chief Fiscal Officer (CFO) by the Governing Board of a political subdivision. The CFO is authorized to certify the Annual Expenditure Limitation Report (AELR) required by Arizona statute and filed with the Auditor General. The Auditor General’s designation form requires a copy of the Governing Board’s Resolution to be included with the filing. Related Ordinance, Policy or Guiding Principle N/A Risk Analysis If not submitted to the Auditor General with the supporting Resolution by July 31, 2021, then the Town will not be in compliance with State statute. Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends adoption of Resolution 2021-16. SUGGESTED MOTION MOVE to adopt Resolution 2021-16.  Attachments Res 2021-16  Form Review Inbox Reviewed By Date Finance Director (Originator)David Pock 04/27/2021 06:58 AM Town Attorney Aaron D. Arnson 04/27/2021 08:49 AM Town Manager Grady E. Miller 04/27/2021 09:46 AM Form Started By: David Pock Started On: 04/22/2021 01:36 PM Final Approval Date: 04/27/2021  RESOLUTION NO. 2021-16 A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF FOUNTAIN HILLS, ARIZONA, DESIGNATING CHIEF FINANCIAL OFFICER DAVID POCK AS CHIEF FISCAL OFFICER RECITALS: WHEREAS, A.R.S. § 41-1279.07(E) requires that the governing board of each political subdivision of the State designate a Chief Fiscal Officer for the purpose of submitting the current fiscal year’s expenditure limitation report and certify to the accuracy of the annual expenditure limitation report; and WHEREAS, the Mayor and Council of the Town of Fountain Hills (the “Town Council”) desires to designate the Town’s Finance Director, David Pock, as the Town’s Chief Fiscal Officer. ENACTMENTS: NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND TOWN COUNCIL OF FOUNTAIN HILLS as follows: SECTION 1. The recitals above are hereby incorporated as if fully set forth herein. SECTION 2. David Pock, Finance Director, is hereby designated as the Town’s Chief Fiscal Officer. SECTION 3. The Mayor, the Town Manager, the Town Clerk, and the Town Attorney are hereby authorized and directed to take all steps necessary to carry out the purpose and intent of this Resolution. PASSED AND ADOPTED by the Mayor and Council of the Fountain Hills, Maricopa County, Arizona, this 15th day of June, 2021. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: ___________________________________ __________________________________ Ginny Dickey, Mayor Elizabeth A. Klein, Town Clerk REVIEWED BY: APPROVED AS TO FORM: ____________________________________ __________________________________ Grady E. Miller, Town Manager Aaron D. Arnson, Town Attorney ITEM 7. C. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 06/15/2021 Meeting Type: Town Council Regular Meeting Agenda Type: Consent Submitting Department: Administration Prepared by: Amanda Straight, Econ. Dev. & Tourism Specialist Staff Contact Information: James Smith, Economic Development Director Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION OF authorizing staff to apply for and accept grant funding from the Arizona Office of Tourism to support marketing and promotion initiatives in Fountain Hills.  Staff Summary (Background) The Town of Fountain Hills has applied for and received grant funding through the Arizona Office of Tourism (AOT) over the past several years. The grant funds have primarily been used to supplement Town General Fund allocations in order to enhance branding and advertising campaigns to support tourism.   The Town's current Fiscal Year 2020-21 allocation from the AOT was $23,787, which included carryover funds from Fiscal Year 2019-20 that were unable to be expended due to the pandemic. The Town expended its current fiscal year allocation, utilizing the grant funds for advertising in Phoenix Magazine, the Canadian Snowbird Association Magazine , Play Ball Magazine, and for the display of a video at Phoenix Mesa Gateway Airport. The funds were also used to produce the Fountain Hills Visitors Guide. Based on AOT estimates for Fiscal Year 2021-22, the Town's allocation will be approximately $16,915. The Town anticipates utilizing the grant funds for marketing projects similar to those listed above. Related Ordinance, Policy or Guiding Principle Town of Fountain Hills Adopted Grant Policy Risk Analysis If staff is unable to apply for this grant funding, a number of important marketing and tourism initiatives will not be undertaken next year.   Recommendation(s) by Board(s) or Commission(s) N/A  Staff Recommendation(s) Staff recommends Town Council approval of this request so staff can apply for and receive grant funding from the Arizona Office of Tourism. SUGGESTED MOTION MOVE to authorize submittal of a grant application to the Arizona Office of Tourism, accept grant funds, make the necessary budget transfers, and utilize the funds in a manner consistent with the grant requirements. Form Review Inbox Reviewed By Date Economic Development Director James Smith 06/02/2021 04:26 PM Economic Development Director James Smith 06/02/2021 04:34 PM Finance Director David Pock 06/03/2021 06:51 AM Town Attorney Aaron D. Arnson 06/03/2021 06:54 AM Town Manager Grady E. Miller 06/03/2021 07:26 AM Form Started By: Amanda Straight Started On: 05/27/2021 02:14 PM Final Approval Date: 06/03/2021  ITEM 7. D. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 06/15/2021 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 Chamber of Commerce for a beer garden in conjunction with the Oktoberfest event to be held on September 24, 25, 2021. Staff Summary (Background) This special event liquor license application was submitted by Paige Lorentzen of the Fountain Hills Chamber of Commerce for submission to the Arizona Department of Liquor. The special event liquor license is being obtained to operate a beer garden in conjunction with the Oktoberfest event. The special event liquor license application was reviewed by staff for compliance with Town ordinances and staff unanimously recommends approval of this special event liquor license application as submitted. 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 N/A Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends approval. SUGGESTED MOTION MOVE to to approve the Special Event Liquor License Attachments G:\Special Events\Liquor Apps\2021  Application  Form Review Inbox Reviewed By Date Community Services Director Rachael Goodwin 06/02/2021 10:47 AM Finance Director David Pock 06/02/2021 02:20 PM Town Attorney Aaron D. Arnson 06/02/2021 02:21 PM Town Manager Grady E. Miller 06/03/2021 07:43 AM Form Started By: Linda Ayres Started On: 05/20/2021 03:50 PM Final Approval Date: 06/03/2021  2021 Oktoberfest at the Fountain Alcohol Management& Distribution Layout Beer Tent 2 Be e r T e n t 1 Gat e 1 Gate 2 2 Security Personnel 2 S e c u r i t y Per s o n n e l 4/9/2021 Page 1 of 3 Individuals requiring ADA accommodations please call (602)542-9027 A service fee of $25.00 will be charged for all dishonored checks (A.R.S § 44-6852 1-10 days consecutive days only, Cash, Checks or Money Orders Only SECTION 1 Applicant must be a member of a qualifying nonprofit organization, political party, or Government entity and authorized by an Officer, Director, or Chairperson of the Organization. 1. Applicant: 2. Applicant’s mailing address: Street City State Zip 3. Applicants home/cell phone: Applicant’s business phone: 4. Applicant's email address: SECTION 2 Name of Non-Profit Organization, Candidate or Political Party/Gov.: SECTION 3 Non-Profit/IRS Tax Exempt Number: SECTION 4 Event Location: SECTION 5 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. DLLC USE ONLY Job #: Date Accepted: CSR: License #: **SEPARATE APPLICATION FOR EACH “NON-CONSECUTIVE” DAY** Days Date Day of Week Event Start Time AM/PM License End Time AM/PM DAY 1: DAY 2: DAY 3: DAY 4: DAY 5: DAY 6: DAY 7: DAY 8: DAY 9: DAY10: Arizona Department Liquor License and Control 800 W Washington St. 5th Floor Phoenix, AZ 85007-2934 azliquor.gov 602-542-5141 SPECIAL EVENT LICENSE APPLICATION FEE $25.00 PER DAY 4/9/2021 Page 2 of 3 Individuals requiring ADA accommodations please call (602)542-9027 SECTION 6 What type of security and control measures will you take to prevent violations of liquor laws at this event? (List type and number of police/security personnel and type of fencing or control barriers, if applicable.) _________________Number of Police _________________ Number of Security Personnel †Fencing †Barriers Explanation: SECTION 7 Will this event be held on a currently licensed premises and within the already approved premises? † Yes † No If yes, Local Governing Body signature is not required. Name of Business License Number Phone (Include Area Code) SECTION 8 How is this special event going to conduct all dispensing, serving, and selling of spirituous liquors? Please read R-19-318 for explanation and check one of the following boxes. †Place license in non-use †Dispense and serve all spirituous liquors under retailer’s license †Dispense and serve all spirituous liquors under special event †Split premise between special event and retail location SECTION 9 What is the purpose of this event? †On-site consumption †Off-site (auction/wine/distilled spirits pull) †Both SECTION 10 1. Has the applicant been convicted of a felony, or had a liquor license revoked within the last five (5) years? †Yes † No If yes, attach explanation. 2. How many special event days have been issued to this organization during the calendar year? 3. Is the Organization using the services of a Licensed Contractor? † Yes † No If yes, please provide the Name of the 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? † Yes † No if yes, please provide the Name of Licensee:License #: 5.The applying non-profit organization must receive 25% of the gross revenues of the total liquor sales. List the names of the individuals or organizations who will receive the rest of the proceeds, MUST EQUAL 100%. Name: Percentage: Address: Street City State Zip Name: Percentage: Address: Street City State Zip 4/9/2021 Page 3 of 3 Individuals requiring ADA accommodations please call (602)542-9027 Date Received: ______________________ I, ____________________________________ _____________________________ recommend †APPROVAL † DISAPPROVAL (Government Official) (Title) On behalf of _____________________________, _____________________________, _____________, (City, Town, County) Signature Date Phone Please read A.R.S. § 4-203.02 Special event license; rules and R19-1-205 Requirements for a Special Event License. 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 AUCTION WINE OR DISTILLED SPIRITS PULL SEALED CONTAINERS OR THE SPECIAL EVENT LICENSE IS STACKED WITH WINE /CRAFT DISTILLERY 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. 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. SIGNATURE GOVERNING BOARD DLLC USE ONLY A.R.S. § 41-1030. Invalidity of rules not made according to this chapter; prohibited agency action; prohibited acts by state employees: enforcement; notice B. An agency shall not base a licensing decision in whole or in part on a licensing requirement or condition that is not specifically authorized by statute, rule or state tribal gaming compact. A general grant of authority in statute does not constitute a basis for imposing a licensing requirement or condition unless a rule is made pursuant to that general grant of authority that specifically authorizes the requirement or condition. D. This section may be enforced in a private civil action and relief may be awarded against the state. The court may award reasonable attorney fees, damages and all fees associated with the license application to a party that prevails in an action against the state for a violation of this section. E. A state employee may not intentionally or knowingly violate this section. A violation of this section is cause for disciplinary action or dismissal pursuant to the agency's adopted personnel policy. F. This section does not abrogate the immunity provided by section 12-820.01 or 12-820.02. ATTACH DIAGRAM I, (Print Full Name) 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 information and statements that I have made herein are true and correct to the best of my knowledge. Applicant Signature: †APPROVAL † DISAPPROVAL BY: _________________________________ ____________ DATE: _________________________ ITEM 7. E. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 06/15/2021 Meeting Type: Town Council Regular Meeting Agenda Type: Consent Submitting Department: Administration Prepared by: David Pock, Finance Director Staff Contact Information: David Pock, Finance Director Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION OF  approving budget transfers for the Capital Fund and Tourism Fund. Staff Summary (Background) Throughout the fiscal year, it is sometimes necessary to transfer funds from one budget account to another.  In most cases, the funds to be transferred are within the same department, so the budget transfers can be made administratively without the need to request Town Council approval.  The Finance Department is requesting the following budget transfers requiring Town Council approval: The following transfers will pay the remaining invoices for these projects and allow project closeout.  $7,500 from Project D6057 Golden Eagle Impoundment (CIPST) to S6058 Shea Blvd Widening (CIPST). $38,000 from Project D6057 Golden Eagle Impoundment (CIPST) to S6003 Unpaved Alley Paving (CIPST). $5,077.85 from Project D6057 Golden Eagle Impoundment (CIPST) to F4033 Street Yard Sign Shop (CIPFAC). $56,000 from Project D6057 Golden Eagle Impoundment (CIPST) to P3035 Four Peaks Park Upgrades (CIPPR) The following transfer will increase budget authority in the Tourism Fund due to more grants received than anticipated:  $5,000 from Special Revenue Fund (SRAD) to Tourism Fund (TOURISM). Related Ordinance, Policy or Guiding Principle Town Council approved financial policies and best practices. Risk Analysis If not approved, the budgets for the Tourism Fund and the projects in the Capital Project Fund could be exceeded. Recommendation(s) by Board(s) or Commission(s) N/A  Staff Recommendation(s) Staff recommends approval of the budget transfers. SUGGESTED MOTION MOVE to approve the attached budget transfers as requested. Attachments Budget Transfers  Form Review Inbox Reviewed By Date Finance Director (Originator)David Pock 06/03/2021 10:25 AM Town Attorney Aaron D. Arnson 06/03/2021 11:34 AM Town Manager Grady E. Miller 06/03/2021 01:27 PM Form Started By: David Pock Started On: 06/02/2021 02:22 PM Final Approval Date: 06/03/2021  06/03/2021 10:16 |TOWN OF FOUNTAIN HILLS |P 1 BBogdan |BUDGET AMENDMENTS JOURNAL ENTRY PROOF |bgamdent LN ORG OBJECT PROJ ORG DESCRIPTION ACCOUNT DESCRIPTION PREV BUDGET AMENDED ACCOUNT LINE DESCRIPTION EFF DATE BUDGET CHANGE BUDGET ERR____________________________________________________________________________________________________________________________________ YEAR-PER JOURNAL EFF-DATE REF 1 REF 2 SRC JNL-DESC ENTITY AMEND 2021 12 14 06/22/2021 CIP BUA PROJECTS 1 7 1 CIPST 8060 S6058 STREETS CAP PROJECTS STREET IMPROVEMENTS 25,000.00 7,500.00 32,500.00 600-40-30-302-000-1610-8060-S6058 FROM D6057 06/22/2021 2 CIPST 8060 S6003 STREETS CAP PROJECTS STREET IMPROVEMENTS 258,000.00 38,000.00 296,000.00 600-40-30-302-000-1610-8060-S6003 FROM D6057 06/22/2021 3 CIPFAC 8050 F4033 FACILITIES CAP PROJECTS BUILDING IMPROVEMENTS .00 5,077.85 5,077.85 600-40-30-303-000-0702-8050-F4033 FROM D6057 06/22/2021 4 CIPPR 8070 P3035 PARK & REC CAP PROJECTS PARK IMPROVEMENTS 330,000.00 56,000.00 386,000.00 600-50-50-502-000-1602-8070-P3035 FROM D6057 06/22/2021 5 CIPSTO 8085 D6057 STORMWATER CAP PROJ STORMWATER/DRAINAGE IMPROVEMEN 418,000.00 -106,577.85 311,422.15 600-40-30-304-000-1960-8085-D6057 TO VARIOUS PROJECTS 06/22/2021 6 SRAD 4401 SPEC REV-ADMIN GRANTS -1,000,000.00 5,000.00 -995,000.00 400-10-10-105-000-0710-4401- TO G5202-EXTRA FUNDING 06/22/2021 7 TOURISM 4430 TOURISM PROP 202/GAMING REV .00 -5,000.00 -5,000.00 320-10-10-107-100-2005-4430- FROM SRF 06/22/2021 ** JOURNAL TOTAL 0.00 Z ITEM 7. F. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 06/15/2021 Meeting Type: Town Council Regular Meeting Agenda Type: Consent Submitting Department: Community Services Prepared by: Patti Lopuszanski, Executive Assistant Staff Contact Information: Rachael Goodwin, Community Services Director Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION OF  Resolution 2021-20 approving an amended Intergovernmental Agreement with Maricopa County Library District Staff Summary (Background) The Town of Fountain Hills entered into an Intergovernmental Agreement on June 16, 2011 for a 5-year term with the Maricopa County Library District (MCLD).  By participating with MCLD expanded benefits such as library services, specialized library programs, and other services are offered to town residents at no cost to the Town of Fountain Hills.  Under the agreement, all library-related costs including staffing, benefits, library books, computers, fixtures, and other costs are borne by the MCLD.  In exchange for the library services provided in our community, the Town of Fountain Hills provides and maintains the library building and pays for the electricity and water utility service charges. After the initial 5 year term, the agreement was renewed again by the Town and MCLD for an additional 5-year term by mutual consent. The IGA as amended will expire on August 16, 2021 and therefore a Third Amendment is being requested for approval by Town Council.  Related Ordinance, Policy or Guiding Principle The Agreement and this Third Amendment is subject to and incorporates by reference the statutory language of A.R.S 38-511 Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends approval.  SUGGESTED MOTION MOVE to adopt Resolution 2021-20 approving an amended Intergovernmental Agreement with Maricopa County Library District Attachments Resolution 2021-20 Maricopa County Library District  Form Review Inbox Reviewed By Date Community Services Director Rachael Goodwin 06/03/2021 09:23 AM Finance Director David Pock 06/03/2021 09:55 AM Town Attorney Aaron D. Arnson 06/03/2021 11:26 AM Town Manager Grady E. Miller 06/03/2021 01:18 PM Form Started By: Patti Lopuszanski Started On: 05/17/2021 10:48 AM Final Approval Date: 06/03/2021  RESOLUTION 2021-20 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, APPROVING THE THIRD AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT WITH THE MARICOPA COUNTY LIBRARY DISTRICT RELATING TO THE OPERATION OF THE TOWN OF FOUNTAIN HILLS BRANCH LIBRARY RECITALS: BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF FOUNTAIN HILLS, as follows: SECTION 1. The Town Council hereby approves the Third Amendment to the Intergovernmental Agreement between the Town of Fountain Hills and the Maricopa County Library District, in the form attached hereto as Exhibit A and incorporated herein by reference. SECTION 2. The Mayor, the Town Manager, the Town Clerk, and the Town Attorney are hereby authorized and directed to cause the execution of the Third Amendment and to take all steps necessary to carry out the purpose and intent of this Resolution. ENACTMENTS: PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, Arizona, this 15th day of June, 2021. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: Ginny Dickey, Mayor Elizabeth A. Klein, Town Clerk REVIEWED BY: APPROVED AS TO FORM: Grady E. Miller, Town Manager Aaron D. Arnson, Pierce Coleman PLLC, Town Attorney EXHIBIT A TO RESOLUTION 2021-20 [Third Amendment] See following pages. THIRD AMENDMENT TO INTERGOVERNMENTAL AGREEMENT BETWEEN MARICOPA COUNTY LIBRARY DISTRICT AND TOWN OF FOUNTAIN HILLS, ARIZONA THIS THIRD AMENDMENT TO INTERGOVERNMENTAL AGREEMENT (this “Third Amendment”) is entered into between the Town of Fountain Hills, an Arizona municipal corporation (the “Town”) and the Maricopa County Library District, a political subdivision of the State of Arizona (the “Library District”). The Town and the Library District are sometimes referred to herein collectively as the “Parties.” All capitalized terms not defined herein shall have the meanings set forth in the Intergovernmental Agreement. RECITALS A. The Town and the Library District executed an Intergovernmental Agreement (“IGA”) on August 16, 2011 to operate the Fountain Hills Branch Library, as subsequently amended by that First Amendment to the IGA and that Second Amendment to the IGA. B. The IGA as amended will expire on August 16, 2021. C. The Town and the Library District desire to renew the IGA as amended and extend its term. AGREEMENT NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated herein by reference, and the promises and covenants set forth below, the Town and the Library District agree as follows: 1. The term for services under the IGA shall be renewed for one five (5) year term commencing August 17, 2021. 2. The Agreement and this Third Amendment is subject to and incorporates by reference the statutory language of A.R.S. § 38-511. 3. In all other respects, the IGA as previously amended is affirmed and ratified and, except as expressly modified herein, all terms and conditions of the IGA shall remain in full force and effect, as approved and amended. 4. This Third Amendment is effective upon execution by both Parties. [SIGNATURES ON FOLLOWING PAGES] TOWN OF FOUNTAIN HILLS MARICOPA COUNTY LIBRARY DISTRICT ___ _________ Ginny Dickey, Mayor Jack Sellers, Chairman, Board of Town of Fountain Hills Directors Maricopa County Library District ATTEST: ATTEST: ___ _____ Elizabeth A. Klein, Town Clerk Interim Clerk of the Board REVIEWED BY: Grady E. Miller, Town Manager Pursuant to the provisions of Ariz. Rev. Stat. 11-952(D), this Third Amendment has been submitted to and approved by the attorney for each of the public agencies who certify that, with respect to their respective clients only, this Third Amendment is in proper form and is within the powers and authorities granted under the laws of this State to the Town and the District. _________________ Aaron D. Arnson, Town Attorney Andrea Cummings, Deputy County Attorney ITEM 7. G. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 06/15/2021 Meeting Type: Town Council Regular Meeting Agenda Type: Consent Submitting Department: Administration Prepared by: Grady E. Miller, Town Manager Staff Contact Information: Grady E. Miller, Town Manager Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION OF  a Public Services Agreement with the Lunsford Group, LLC, for government relations and lobbying services. Staff Summary (Background) Two years ago, the Town of Fountain Hills contracted with the Lunsford Group to assist in government relations and lobbying services related to a proposed flight path change at Phoenix Sky Harbor Airport.  The City of Scottsdale had gone through an extensive public involvement process without involving neighboring communities such as Fountain Hills, Salt River-Pima Indian Community, and Fort McDowell Tribal Community.  Jack Lunsford, the principal of the Lunsford Group, was successful in his efforts to work with our Congressional members, the FAA, and neighboring communities in opposing the proposed flight paths, two of which would have had commercial aircraft flying through Fountain Hills' airspace. In addition to the flight path issue, the Town has utilized Jack Lunsford to assist with lobbying efforts during the current legislative session.  Jack Lunsford has relationships with a number of key legislators, legislative staff, Governor's Office staff, and state agencies.  The plan is to utilize Mr. Lunsford's services considerably more during the next legislative session.  This will involve helping the Town develop a legislative agenda and considerably more involvement in representing the Town's interests.  The Maricopa Association of Governments (MAG) is currently undergoing a process of identifying transportation projects for the Regional Transportation Plan to be considered in the Proposition 400 reauthorization.  Fountain Hill's potential value of transportation projects submitted to MAG and possibly funded by the voter reauthorization of a half-cent sales tax over the next twenty years is in excess of $50 million. The Town plans to utilize Mr. Lunsford to represent our interests with this important process.   The current agreement with the Lunsford Group expires on June 30, 2021.  It is recommended to continue contracting with the Lunsford Group for government relations and lobbying services. The annual cost of the agreement is $40,000 for each of the three, one-year terms, for a total not to exceed $120,000.  Related Ordinance, Policy or Guiding Principle N/A Risk Analysis Without having an in-house intergovernmental affairs director like many larger cities, the Town of Fountain Hills has relied on an outside firm to assist with its governmental affairs and lobbying needs.  The annual cost of $40,000 for contracting with the Lunsford Group is considerably less than having a full-time intergovernmental affairs director with salary and benefits exceeding $120,000 annually. Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends approval of the agreement with the Lunsford Group.   SUGGESTED MOTION MOVE to approve the Public Services Agreement with the Lunsford Group. Fiscal Impact Fiscal Impact:$120,000 Budget Reference:GENAD Funding Source:General Fund If Multiple Funds utilized, list here: Budgeted: if No, attach Budget Adjustment Form: Attachments Lunsford Group Agreement  Form Review Inbox Reviewed By Date Finance Director David Pock 06/07/2021 11:32 AM Town Attorney Aaron D. Arnson 06/07/2021 01:39 PM Town Manager (Originator)Grady E. Miller 06/07/2021 03:33 PM Form Started By: Grady E. Miller Started On: 06/03/2021 07:27 AM Final Approval Date: 06/07/2021  1 Contract No. 2022-002 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND THE LUNSFORD GROUP, LLC THIS PROFESSIONAL SERVICES AGREEMENT (this “Agreement”) is entered into as of July 1, 2021, between the Town of Fountain Hills, an Arizona municipal corporation (the “Town”) and The Lunsford Group, LLC, a(n) Arizona limited liability company (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 government relations services (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. This Agreement shall be effective as of the date first set forth above and shall remain in full force and effect until June 30, 2024, unless terminated as otherwise provided in this Agreement. 2. Scope of Work. Consultant shall provide the Services as set forth in the Scope of Work attached hereto as Exhibit A and incorporated herein by reference. 3. Compensation. The Town shall pay the Consultant an aggregate amount not to exceed $40,000.00 annually at the rates set forth in the Exhibit B and shall not exceed $120,000 in the aggregate. 4. Payments. The Town shall pay the Consultant monthly, for the consulting services specified in the Scope of Work and according to the fees in Exhibit B. 2 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 to 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 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 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 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 an 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. 8. 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 judgements (including interest, penalties, reasonable attorneys’ fees, accounting fees, and expert witness fees) that may incur and 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 it failure or alleged 3 failure to perform under, any agreement to which it is a party; or € 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, to the fullest extent permitted by law for claims arising out of the performance of this Agreement, the Town, its agents, representatives, officers, directors, officials and employees as 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. 4 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 agents, representatives, 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 via 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 the Consultant’s insurance insurer (s) as evidence that the policies are placed with the 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 on 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 the 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 agents, representatives, 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. 5 (b) Auto Liability – Under ISO Form CA 20 48 or equivalent. (c) Excess Liability – Follow Form to underlying insurance. (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. Commercial General Liability. Omitted B. Vehicle Liability. Consultant shall maintain Business Automobile Liability insurance with a limit of $1,000,000 each occurrence on Consultant’s owned, hired and non-owned vehicles assigned to or used in the performance of the Consultant’s work or services under this Agreement. Coverage will be at least as broad as ISO coverage code “1” “any auto” policy form CA 00 01 12 93 or equivalent thereof. To the fullest extent allowed by law, for claims arising out of the performance of this Agreement, the Town, its agents, representatives, officers, directors, officials and employees shall be cited as an Additional Insured under ISO Business Auto policy Designated Insured Endorsement form CA 20 48 or equivalent. If any Excess insurance is utilized to fulfill the requirements of this subsection, such Excess insurance shall be “follow form” equal or broader in coverage scope than underlying insurance. C. 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. 6 D. 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. 12.1 For Town’s Convenience. This Agreement is for the convenience of the Town, however the Agreement may be terminated (a) by either party on the provision of 60 days’ written notice to the other party, with or without cause; (b) by wither party for a material breach of any provisions of this Agreement by the other party if the other party’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 the Services rendered plus any agreed upon additional expenses incurred before the effective date of termination. No other compensation, of any nature or type, will be payable after the termination of this Agreement. 12.2 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. 12.3 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. 12.4 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. 7 12.5 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 its 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. 8 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 written approval of the Town. 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 9 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. B. Offset for Delinquent Fees or Taxes. The Town may offset 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 or penalties. 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: Town of Fountain Hills 16705 East Avenue of the Fountains Fountain Hills, Arizona 85268 Attn: Aaron D. Arnson, Town Attorney If to Consultant: The Lunsford Group 9642 North 19th Street Phoenix, Arizona 85020 Attn: Jack W. Lunsford 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 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 10 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 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 (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. STAT. § 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. STAT. § 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. 11 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] 12 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first set forth above. “Town” TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation Grady E. Miller, Town Manager ATTEST: Elizabeth A. Klein, Town Clerk APPROVED AS TO FORM: Aaron D. Arnson, Town Attorney (ACKNOWLEDGMENT) STATE OF ARIZONA ) ) ss. COUNTY OF MARICOPA ) On ___________________, 2021, before me personally appeared Grady E. Miller, the Town Manager of the TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation, whose identity was proven to me on the basis of satisfactory evidence to be the person who he claims to be, and acknowledged that he signed the above document, on behalf of the Town of Fountain Hills. Notary Public (Affix notary seal here) [SIGNATURES CONTINUE ON FOLLOWING PAGE] 13 “Consultant” THE LUNSFORD GROUP, LLC a(n) Arizona limited liability company By: Name: Title: (ACKNOWLEDGMENT) STATE OF ARIZONA ) ) ss. COUNTY OF MARICOPA ) On ____________________, 2021, before me personally appeared ____________________, the __________________ of THE LUNSFORD GROUP, LLC, a(n) Arizona limited liability company, whose identity was proven to me on the basis of satisfactory evidence to be the ______________________ of the limited liability company. Notary Public (Affix notary seal here) 4810-3770-1531 v.1 EXHIBIT A TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND THE LUNSFORD GROUP, LLC [Scope of Work] See following pages. Scope of Services The Lunsford Group will provide, on an as-needed basis, government relations services, advising, lobbying, and consulting to the Town of Fountain Hills (the “Town”), including but not limited to the following: 1. Coordinate government relations on behalf of the Town and work with elected officials and state agencies on legislation identified by the Arizona League of Cities and Towns and the Town of Fountain Hills; and 2. Represent the interests of the Town at the state and federal level in seeking, supporting or opposing legislation, rules, regulations, policies and programs that may affect the Town, including drafting proposed legislation and amendments; identifying sponsors of legislation and amendments; and lobbying the passage or defeat of legislation and amendments, and 3. Periodically assist with other emerging issues and provide additional government relations support by attending the following meetings and reporting on actions as directed by the Town Manager: a) Maricopa Association of Governments (MAG) meetings; b) League of Arizona Cities and Towns meetings; c) Valley Metro meetings; and d) Other federal, state or regional meetings of interest to the Town of Fountain Hills EXHIBIT B TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND THE LUNSFORD GROUP, LLC [Fee Schedule] See following pages. EXHIBIT B Fees; Payment Schedule – FY2022 through FY2024 For the Services provided in the Scope of Work, the Town of Fountain Hills agrees to pay The Lunsford Group, LLC a total of forty thousand dollars ($40,000.00) annually, payable in eleven (11) equal payments of three thousand, thirty-three dollars ($3,333.00) each beginning July 15, 2021, with the final payment of three thousand, thirty-seven dollars ($3,337.00) due and payable on June 15, 2022. Unless otherwise modified, this payment schedule as outlined for FY2022 repeats in FY2023 and FY2024. Invoices will be presented to the Town on or before the 1st day of each month (depending on holidays and office closures), fifteen (15) days prior to the payment due date. ITEM 8. A. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 06/15/2021 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda Submitting Department: Administration Prepared by: Grady E. Miller, Town Manager Staff Contact Information: Grady E. Miller, Town Manager Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION OF  delaying implementation of the recently adopted sign ordinance relating to temporary signs. Staff Summary (Background) On May 18, 2021, the Town Council adopted Ordinance 2021-09 with the intent of conforming the town's sign regulations to the U.S. Supreme Court decision in Reed vs. the Town of Gilbert.  In addition to updating the sign ordinance so that the sign regulations no longer focused on content, per the Supreme Court decision, the sign ordinance also addressed a number of other important areas including flags, banners, temporary signs, size and dimensions of signs, materials used to create signs, and use of the town's rights-of-ways for temporary signs.  At the Town Council meeting on June 1, 2021, a number of residents and business owners spoke in opposition of the sign ordinance as a whole but specifically were concerned about the impact of no longer allowing temporary signs and A Frame signs in the rights-of-ways.   This agenda item has been placed on the June 15, 2021, Town Council meeting agenda for discussion and possible Council consideration of delaying implementation of the sign ordinance regulations pertaining to temporary signs.  During the delayed implementation period, staff will investigate possible amendments to the temporary sign regulations that provide balance in complying with the Reed vs. Town of Gilbert decision and allowing temporary signs with controls and limitations.  Due to the fact that the sign ordinance is a zoning matter, amendments to the sign ordinance will require Planning and Zoning to hold public hearings which will require significant public meeting notices before its recommendations are forwarded to the Town Council for its consideration.   Related Ordinance, Policy or Guiding Principle Ordinance 21-09 (Sign Ordinance) Risk Analysis Staff believes that delaying implementation of the temporary sign regulations is a positive action to take at this time.  During the time period of the delay, staff will work on possible temporary sign ordinance amendments that provide balance in regulating such signs.   Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends delaying implementation of the sign ordinance regulations relating to temporary signs and A Frame signs until newly amended temporary sign regulations are recommended by the Planning and Zoning Commission and considered by the Council. SUGGESTED MOTION MOVE to direct staff to administratively delay implementation of the temporary sign regulations until after an amended sign ordinance is adopted by the Town Council. Form Review Inbox Reviewed By Date Finance Director David Pock 06/07/2021 01:31 PM Town Attorney Aaron D. Arnson 06/07/2021 01:38 PM Town Manager (Originator)Grady E. Miller 06/07/2021 03:32 PM Form Started By: Grady E. Miller Started On: 06/07/2021 12:09 PM Final Approval Date: 06/07/2021  ITEM 8. B. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 06/15/2021 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda Submitting Department: Development Services Prepared by: John Wesley, Development Services Director Staff Contact Information: John Wesley, Development Services Director Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION OF Resolution 2021-18 adopting the Fountain Hills Active Transportation Plan. Staff Summary (Background) Fountain Hills began development with little emphasis on providing for non-vehicular transportation.  As the Town has grown, citizens have seen the need to provide for safe and efficient means for walking and biking in the community.  Staff has had a sidewalk plan for several years; this plan has been used to make incremental improvements to the sidewalk system over time. In order to have a more comprehensive plan for non-vehicular transportation needs, and to provide a tool to use in budgeting and applying for grants, the Town utilized a Maricopa Association of Governments (MAG) grant to hire a consultant to prepare a first ever, Active Transportation Plan (ATP) for the Town. J2 Engineering and Environmental Design (J2) began working on the Plan in the summer of 2020. Its work included reviewing existing plans and documents for Fountain Hills and surrounding communities, reviewing and analyzing existing conditions within the Town, and obtaining citizen input regarding community needs.  Citizen engagement included two online input sessions, an online survey, and a website providing information about the Active Transportation Plan and how to provide input. Through the public input process, citizens indicated the need for improvements such as:  An increase in the number of designated crosswalks. Educational material for motorists, pedestrians, and bicyclists to improve safety. Filling in sidewalk gaps to create a complete network of sidewalks and pathways. Consistency in pavement markings for bicyclists. Options for warning systems at key road crossing in high traffic area. Based on the input and information received, J2, with assistance of Town staff, prepared a draft ATP for review and comment.  In addition to providing the draft Plan on-line for comment, presentations were made to the Town Council, the Community Services Advisory Commission, and the Planning and Zoning Commission.  Several comments were received and adjustments were made to the draft Plan.   The final ATP is now ready for review and approval.  The final Plan is divided into three sections plus an  The final ATP is now ready for review and approval.  The final Plan is divided into three sections plus an appendix.  Section 1 provides an introduction to Fountain Hills and background on the planning process, including Purpose and Vision statements and Guiding Principles (see page 3). Section 2 provides the inventory of the existing non-vehicular system in and around the Town as well as key elements of the community, such as parks, frequented by bicyclists and pedestrians.  A review of the public comments received through the planning process begins on page 18.  Overall, residents indicated the need for improved safety, increased connectivity among facilities and destinations and more facilities for all modes. Section 3 establishes the implementation options and priorities.  For sidewalk improvements, a four tier priority approach has been provided (see page 23) that provides a flexible approach to addressing the needs recommended by citizens.  The emphasis in the first 3 priorities is the completion of sidewalk gaps. The emphasis for bicycles is focused on closing several gaps along Fountain Hills Blvd. and consistently applying the use of Manual on Uniform Traffic Control Devices (MUTCD) and/or National Association of City Transportation Official (NACTO) signage and striping protocols on all of the existing bike lanes and bike routes that exist within the Town (see page 27). See pages 29 - 32 for comprehensive maps of the recommended sidewalk and bicycle improvements.  To the degree possible, the Plan recommends improvements be made within the existing right-of-way, often by narrowing the paved area of the current street. The Appendix includes the detailed responses to the survey, other citizen input, and examples of educational material that could be used to help education and inform pedestrians, bicyclists, and motorists. The information contained in the Plan will assist staff in preparing cost estimates for specific projects, further refine options to include in annual budgets and/or Capital Improvement Programs (CIP), and to apply for grants to fund improvements. Due to the size of the final document, it may be accessed at  Final Active Transportation Plan. Related Ordinance, Policy or Guiding Principle Fountain Hills General Plan 2020 Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) The Planning and Zoning Commission reviewed the Active Transportation Plan at their regular meeting on May 10.  There were no citizens present to comment on the Plan.  The Commission voted unanimously to recommend approval of the Plan. Staff Recommendation(s) Staff recommends approval of Resolution 2021-18 adopting the Town of Fountain Hill Active Transportation Plan. SUGGESTED MOTION MOVE to adopt Resolution 2021-18.  MOVE to adopt Resolution 2021-18.  Attachments Resolution 2021-18  Form Review Inbox Reviewed By Date Development Services Director (Originator)John Wesley 06/03/2021 02:17 PM Town Manager Grady E. Miller 06/03/2021 05:12 PM Form Started By: John Wesley Started On: 05/11/2021 09:34 AM Final Approval Date: 06/03/2021  RESOLUTION NO. 2021-18 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, ADOPTING THE “FOUNTAIN HILLS ACTIVE TRANSPORTATION PLAN 2021” RECITALS: WHEREAS, the Fountain Hills General Plan 2020 (the “General Plan 2020”) supports and encourages walkability as part of a healthy lifestyle; and WHEREAS, the General Plan 2020 recognizes sidewalks as an integral part of the street system; and WHEREAS, the General Plan 2020 recommends an updated sidewalk plan and the preparation of a bicycle plan; and WHEREAS, the staff and consultant utilized a planning process that provided for citizen input and involvement in the development of the Plan; and WHEREAS, a draft Fountain Hills Active Transportation Plan 2021 was placed on the Town’s website and made available for public review; and WHEREAS, the Town’s Community Services Advisory Commission and Planning and Zoning Commission held two joint meetings to review progress on the Plan and provide feedback; and WHEREAS, hearings regarding the Active Transportation Plan 2021 were held by the Planning and Zoning Commission on May 10, 2021 and by the Town Council on June 15, 2021. ENACTMENTS: NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. The Fountain Hills Active Transportation Plan 2021, including narrative text and graphics, is hereby approved. SECTION 2. If any provision of this Resolution is for any reason held by any court of competent jurisdiction to be unenforceable, such provision or portion hereof shall be deemed separate, distinct and independent of all other provisions and such holding shall not affect the validity of the remaining portions of this Resolution. PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, this 15th day of June, 2021. RESOLUTION 2021-18 PAGE 2 FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: Ginny Dickey, Mayor Elizabeth A. Klein, Town Clerk REVIEWED BY: APPROVED AS TO FORM: Grady E. Miller, Town Manager Aaron D. Arnson, Town Attorney ITEM 8. C. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 06/15/2021 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda Submitting Department: Development Services Prepared by: John Wesley, Development Services Director Staff Contact Information: John Wesley, Development Services Director Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION OF  a Special Use Permit to allow residential use of the second floor of an existing building in C-C, Common Commercial, zoned property at 16810 E. El Pueblo. Staff Summary (Background) The property at the northeast corner of Fountain Hills Blvd. and El Pueblo Blvd. is zoned C-C, Common Commercial.  This zoning district is the same as the C-1, Neighborhood Commercial and Professional, zoning district, but allows for common parking areas rather than parking on individual lots.  The property at this corner was platted in 1973 for this type of development.  The building along El Pueblo Blvd. and a portion of the parking along the street were constructed prior to January 1986.  Additional buildings and parking were slowly added over the years.  The development as it exists today has been in place since 2004. The building addressed as 16810 N. El Pueblo Blvd. was built between February 1997 and December 1998.  It is a two-story building.  The ground floor is constructed as a commercial/office space.  The upstairs has a kitchen and two bathrooms and can easily be finished as a dwelling.  The intention of the property owner is to utilize the ground floor for his office and finish the second story as a living space for his family.  No modifications are planned for the exterior of the building or the parking area. Section II of the Fountain Hills General Plan 2020 discusses the elements that help create thriving neighborhoods.  One of the items listed is having a variety of housing types.  This section includes policies to encourage a broad range of housing types affordable to all income ranges and a range of housing types and densities consistent with the character area.  Allowing for the mixed-use building will also further the General Plan's goal of helping to attract young families and new business to the Town. Section III of the general plan includes the information on the Character Areas in the Town.  This small commercial area at Glenbrook and Fountain Hills Boulevard was included as part of the surrounding Neighborhood character type.  More specifically, this area is considered a Mixed Neighborhood with smaller lots and a mix of non-residential uses.  This existing commercial area is intended to remain a low intensity area with any further development or redevelopment consistent with the surrounding neighborhood.  Allowing the proposed residential use would be consistent the intent of the Plan for this area. The zoning ordinance Section 12.03 allows consideration of residential uses in all commercial zoning The zoning ordinance Section 12.03 allows consideration of residential uses in all commercial zoning districts with the approval of a Special Use Permit (SUP).  Section 2.02 of the zoning ordinance establishes the process and criteria for consideration of a SUP.  Section 2.02 D. 5. of the zoning ordinance states:    5. In order to recommend approval of any use permit, the findings of the Commission must be that the establishment, maintenance, or operation of the use or building applied for will not be detrimental to the public health, safety, peace, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use, nor shall it be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the Town. This area has been zoned and platted prior to incorporation of the Town for commercial uses.  It is still the desire of the Town to have this be a successful commercial center.  The question becomes whether allowing residential use on the second floor of this existing building would be detrimental to the desired commercial activity and whether the residential use would be detrimental to the public health, safety, peace, or comfort of the neighborhood. A review of this property shows that over its almost 50-year history it has not fully developed and has largely been underutilized.  The applicant for this case will provide activity on the ground level by opening his office and will provide constant activity for the development by virtue of also residing on the property.  The addition of one dwelling unit at this location would not be detrimental to the neighborhood and could likely benefit the area by having this development more actively used. Related Ordinance, Policy or Guiding Principle Zoning Ordinance Section 2.02 - Special Use Permits Zoning Ordinance Section 12.03 - Uses Subject to Special Use Permits in the C-1, C-C, C-2, and C-3 Zoning Districts General Plan 2020, Section II: Thriving Neighborhoods General Plan 2020 Character Areas, Table 1 Character Area Plan Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) The Planning and Zoning Commission reviewed and considered this request at their May 10 regular meeting.  The applicant attended the meeting and provided a brief summary of his intentions with the building and need for the SUP to allow him and his family to reside on site.  There were no other citizens present who wished to speak on this item.  The Commission voted unanimously to recommend approval of the SUP. Staff Recommendation(s) Staff recommends approval of this Special Use Permit. SUGGESTED MOTION MOVE to approve the Special Use Permit to allow the second floor at 16810 E. Pueblo to be used as a dwelling unit.  Attachments Vicinity Map  Narrative  Site Plan  Form Review Inbox Reviewed By Date Development Services Director (Originator)John Wesley 06/03/2021 02:17 PM Town Manager Grady E. Miller 06/03/2021 05:16 PM Form Started By: John Wesley Started On: 05/11/2021 09:33 AM Final Approval Date: 06/03/2021  VicinityCASE:SU2021-02SITE / ADDRESS:16810 E EL PUEBLO BLVDAPN#176-04-797REQUEST:A Special Use Permit for second floor useas residential.All that is Ari z o na FO U NTAIN HILLST O W N OF INC. 1989MCDOWELL MOUNTAIN REGIONAL PARKSALT RIVER PIMA - MARICOPA INDIAN COMMUNITYFORT MCDOWELL YA V A P A I N A T I O N SCOTTSDALEEL PUEBLO BLVDFOUNTAIN HILLSBLVD Site LocationVicinityMapMap::SU2021-02SU2021-02CaseCaseDetailsDetails ITEM 8. D. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 06/15/2021 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):  CONSIDERATION OF approving Amendment No. 2 to Cooperative Purchasing Agreement C2017-034 with Bel-Aire Mechanical. Staff Summary (Background) The Town currently contracts the periodic maintenance and repairs for the HVAC system at the Town Center Complex. For the past four years, the Town has contracted with Bel-Aire Mechanical for these services. Due to unforeseen cost of recent HVAC repairs, the contract dollar amount threshold has been reached on the current contract. The current Cooperative Purchasing Agreement (Underlying Agreement) utilized from Maricopa County will reach the term limit at the end of October 2021. Staff is working to secure a new long term agreement and plans to return to the Town Council for its consideration in September, 2021. Staff is requesting approval of a short-term contract with Bel-Aire Mechanical in the amount of $70,000. The amount is consistent with the historical data for maintenance and repairs in prior years and contains additional funding to cover emergencies should one arise before a new agreement is in place. Related Ordinance, Policy or Guiding Principle Facilities Mission Statement. The Facilities Division is dedicated to maintaining a safe and clean environment in Town-owned buildings for citizens and employees. Risk Analysis Staff is concerned about not having a short-term maintenance contract in place in the event that major maintenance and repairs are needed to be made to the HVAC units when required. Recommendation(s) by Board(s) or Commission(s) N/A  Staff Recommendation(s) Approval of Amendment No. 2 to Cooperative Purchasing Agreement C2017-034 with Bel-Aire Mechanical. SUGGESTED MOTION MOVE to approve Amendment No. 2 to Cooperative Purchasing Agreement C2017-034 with Bel-Aire Mechanical in the amount of $70,000.00 and approve any necessary budget transfers. Fiscal Impact Fiscal Impact:$70,000.00 Budget Reference:Page 191 Funding Source:Facilities  If Multiple Funds utilized, list here:N/A Budgeted: if No, attach Budget Adjustment Form:N/A Attachments Cooperative Purchasing Agreement  Scope and Fee  Underlying Agreement  Form Review Inbox Reviewed By Date Public Works Director (Originator)Justin Weldy 06/03/2021 09:58 AM Finance Director David Pock 06/03/2021 10:21 AM Town Attorney Aaron D. Arnson 06/03/2021 11:27 AM Town Manager Grady E. Miller 06/03/2021 01:36 PM Form Started By: Justin Weldy Started On: 05/28/2021 10:09 AM Final Approval Date: 06/03/2021  1 Contract No. 2017-034.2 SECOND AMENDMENT TO COOPERATIVE PURCHASING AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND BEL-AIRE MECHANICAL, INC. THIS SECOND AMENDMENT TO COOPERATIVE PURCHASING AGREEMENT (this “Second Amendment”) is entered into as of June 15, 2021 between the Town of Fountain Hills, an Arizona municipal corporation (the “Town”) and Bel-Aire Mechanical, Inc., a(n) Arizona corporation (the “Contractor”). RECITALS A. After a competitive procurement process, Maricopa County, Arizona (the “County”) entered into Serial Contract No. 15049-S, dated November 1, 2015 (the “County Contract”), with the Contractor to provide heating, ventilation, and air conditioning installation, service, and repair. All of the capitalized terms not otherwise defined in this Second Amendment have the same meanings as defined in the Contract. B. The Town and the Contractor entered into a Cooperative Purchasing Agreement dated August 18, 2016, based upon the County Contract (the “Agreement”), for the provision of heating, ventilation, and air conditioning installation, service, and repair (the “Materials and Services”). The terms of the Agreement are incorporated herein. C. The Town has determined that additional Materials and Services (the “Additional Materials and Services”) are necessary, attached herein as Exhibit A-1. D. The Town and the Contractor desire to enter into this Second Amendment to increase the compensation authorized by the Agreement for the Additional 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. Compensation. The Town shall pay the Contractor an aggregate amount not to exceed $70,000 per year and a maximum amount of $320,000 (including all renewals) for the Additional Materials and Services (Exhibit A-1). 2 2. Notices and Requests. Any notice or other commun ication 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 b elow 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: Town of Fountain Hills 16705 East Avenue of the Fountains Fountain Hills, Arizona 85268 Attn: Aaron D. Arnson, Town Attorney If to Contractor: Bel-Aire Mechanical, Inc. 4201 N. 47th Ave. Phoenix, Arizona 85031 Attn: Brandon Sonju or at such other address, and to the attention of such other person or officer, as any party may designate in writing by notice duly given pursuant to this subsection. Notices shall be deemed received (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 party’s counsel or other recipient, the provisions above governing the date on which a notice is deemed to have been received by a par ty 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. 3. Effect of Amendment. In all other respects, the Agreement is affirmed and ratified and, except as expressly modified herein, all terms and conditions of the Agreement shall remain in full force and effect. 4. Non-Default. By executing this Second Amendment, the Contractor affirmatively asserts that (i) the Town is not currently in default, nor has it been in default at any time prior to this Second Amendment, under any of the terms or conditions of the Agreement and (ii) any and all claims, known and unknown, relating to the Agreement and existing on or before the date of this Second Amendment are forever waived. 5. 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. 3 6. Conflict of Interest. This Second Amendment and the Agreement may be cancelled by the Town pursuant to Ariz. Rev. Stat. § 38-511. [SIGNATURES ON FOLLOWING PAGES] 4 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first set forth above. “Town” TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation Grady E. Miller, Town Manager ATTEST: Elizabeth A. Klein, Town Clerk APPROVED AS TO FORM: Aaron D. Arnson, Town Attorney (ACKNOWLEDGMENT) STATE OF ARIZONA ) ) ss. COUNTY OF MARICOPA ) On ___________________, 2018, before me personally appeared Grady E. Miller, the Town Manager of the TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation, whose identity was proven to me on the basis of satisfactory evidence to be the person who he cla ims to be, and acknowledged that he signed the above document, on behalf of the Town of Fountain Hills. Notary Public (Affix notary seal here) [SIGNATURES CONTINUE ON FOLLOWING PAGE] 5 “Consultant ” BEL-AIRE MECHANICAL, Inc ., an Arizona corporation By: Name: Title: (ACKNOWLEDGMENT) STATE OF ___________________ ) ) ss. COUNTY OF _________________ ) On ________________________, 2021, before me personally appeared _____________ ________________________, the _____________________ of BEL-AIRE MECHANICAL , INC., an Arizona corporation, whose identity was proven to me on the basis of satisfactory evidence to be the person who he/she claims to be, and acknowledged that he/she signed the above document on behalf of Bel-Air Mechanical, Inc. Notary Public (Affix notary seal here) Exhibit A-1 Contractor shall replace, repair and maintain as directed and authorized, in writing, by Town facilities personnel : • Chillers and associated parts/components • Cooling tower and associated parts/components Including, but not limited to: ITEM 8. E. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 06/15/2021 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):  CONSIDERATION OF Amendment No. 1 to Cooperative Purchasing Agreement 2018-017 with Urban Energy Solutions, LLC Staff Summary (Background) The Town Hall Campus Building Management System controls all HVAC operational functions, including start times, stop times, scheduling and temperature adjustments. It also can be accessed remotely by designated staff from laptop computers. Staff no longer has that option as the existing system is not compatible with the newer computers. Currently, staff remotely accesses the system using one older computer through what is referred to as “JACE” controllers.  Unfortunately, the system will no longer be supported after July 1, 2021. This upgrade is the last component in the overall Building Management System as all campus HVAC unit controllers have been replaced in prior projects.  The newly upgraded system will result in a reliable, functional and serviceable Building Management System for the next 10 – 15 years, including operation from office personal computers and remote operation utilizing laptop computers and smartphones. Since 2012 the Town of Fountain Hills has utilized a Cooperative Purchasing Agreement with Urban Energy Solutions which currently includes periodic maintenance and repairs for the Building Management System. Urban Energy Solutions has agreed to provide an additional year of services for periodic maintenance and repairs in the amount of $50,000. The services are outlined in exhibit C (attached to this report for review) Related Ordinance, Policy or Guiding Principle 2015 Capital Reserve Analysis. Risk Analysis In the event of a failure or major operating issue with the existing system, the Town risks the ability to repair and restore the HVAC operations without a new management control system. Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff Recommendation(s) Staff recommends approval of Amendment No. 1 to Cooperative Purchasing Agreement 2018-017 with Urban Energy Solutions, LLC. SUGGESTED MOTION MOVE to approve Amendment No. 1 to Cooperative Purchasing Agreement 2018-017 with Urban Energy Solutions, LLC in the amount of $50,000.00. Fiscal Impact Fiscal Impact:$50,000.00 Budget Reference:192 Funding Source:General Fund If Multiple Funds utilized, list here:N/A Budgeted: if No, attach Budget Adjustment Form:N/A Attachments Cooperative Purchasing Agreement  Scope and Fee  Underlying Agreement  Form Review Inbox Reviewed By Date Public Works Director (Originator)Justin Weldy 05/25/2021 08:52 AM Finance Director David Pock 05/25/2021 10:14 AM Town Attorney Aaron D. Arnson 06/02/2021 02:22 PM Town Manager Grady E. Miller 06/03/2021 08:00 AM Form Started By: Justin Weldy Started On: 05/25/2021 07:58 AM Final Approval Date: 06/03/2021  Contract No. C2018-017.1 FIRST AMENDMENT TO COOPERATIVE PURCHASING AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND URBAN ENERGY SOLUTIONS, LLC THIS FIRST AMENDMENT TO COOPERATIVE PURCHASING AGREEMENT (this “First Amendment”) is entered into upon execution between the Town of Fountain Hills, an Arizona municipal corporation (the “Town”) and Urban Energy Solutions, LLC , formerly Urban Energy Solutions, Inc., (the “Contractor”). RECITALS A. After a competitive procurement process, the 1 Governmental Procurement Alliance (“1GPA”) entered into Contract No. 17-13PV-05, dated March 18, 2017, (the “1GPA Contract”), with the Contractor to provide electrical and lighting products and services. All of the capitalized terms not otherwise defined in this First Amendment have the same meanings as defined in the Contract. B. The Town and the Contractor entered into a Cooperative Purchasing Agreement dated August 15, 2017 based upon the 1GPA Contract (the “Agreement”), for the provision of electrical and lighting products and services (the “Materials and Services”). The terms of the Agreement are incorporated herein. C. The Town and the Contractor desire to enter into this First Amendment to reflect the new pricing and fee schedule, attached hereto as Exhibit C and reflected in the 1GPA Contract as amended, and incorporated by this reference. 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 he reby acknowledged, the Town and the Contractor hereby agree as follows: 1. Exhibit C. Pricing and fee schedule are reflected in Exhibit C as attached, and shall be effective upon the date of execution. 2. Compensation. The Town shall pay Contractor for the fourth and final renewal term, effective until May 17, 2022, an amount not to exceed $50,000 for the Materials and Services at the unit rates set forth in the 1GPA Contract. The maximum aggregate amount for this Agreement shall not exceed $150,000. 3. 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: Town of Fountain Hills 16705 East Avenue of the Fountains Fountain Hills, Arizona 85268 Attn: Aaron D. Arnson, Town Attorney If to Contractor: Urban Energy Solutions, LLC 3312 E. Broadway Rd. Phoenix, Arizona 85040 Attn: Loren Waxman 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 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. 3. Effect of Amendment. In all other respects, the Agreement is affirmed and ratified and, except as expressly modified herein, all terms and conditions of the Agreement shall remain in full force and effect. 4. Non-Default. By executing this First Amendment, the Contractor affirmatively asserts that (i) the Town is not currently in default, nor has it been in default at any time prior to this First Amendment, under any of the terms or conditions of the Agreement and (ii) any and all claims, known and unknown, relating to the Agreement and existing on or before the date of this First Amendment are forever waived. 5. 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. 6. Conflict of Interest. This First Amendment and the Agreement may be cancelled by the Town pursuant to Ariz. Rev. Stat. § 38-511. [SIGNATURES ON FOLLOWING PAGES] IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first set forth above. “Town” TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation Grady E. Miller, Town Manager ATTEST: Elizabeth A. Burke, Town Clerk APPROVED AS TO FORM: Aaron D. Arnson, Town Attorney (ACKNOWLEDGMENT) STATE OF ARIZONA ) ) ss. COUNTY OF MARICOPA ) On ___________________, 2021, before me personally appeared Grady E. Miller, the Town Manager of the TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation, whos e identity was proven to me on the basis of satisfactory evidence to be the person who he claims to be, and acknowledged that he signed the above document, on behalf of the Town of Fountain Hills. Notary Public (Affix notary seal here) [SIGNATURES CONTINUE ON FOLLOWING PAGE] “Contractor” URBAN ENERGY SOLUTIONS, LLC , An Arizona Limited Liability Company By: Name: Title: (ACKNOWLEDGMENT) STATE OF ARIZONA ) ) ss. COUNTY OF MARICOPA ) On ________________________, 2021, before me personally appeared _____________ ________________________, the _____________________ of URBAN ENERGY SOLUTIONS, LLC , a(n) Arizona limited liability company, whose identity was proven to me on the basis of satisfactory evidence to be the person who he/she claims to be, and acknowledged that he/she signed the above document on behalf of the limited liability company. Notary Public (Affix notary seal here) EXHIBIT C TO PROFESSIONAL SERVICES AGREEMENT BETWEEN TOWN OF FOUNTAIN HILLS AND URBAN ENERGY SOLUTIONS, LLC [2021 Fee Schedule/Scope] See following pages 1 GPA Contract # 17-13PV-05 Electrical Products & Services HVAC Control Service Annual Agreement [21-0072] HVAC Control Service Annual Agreement DATE: April 20, 2021 TO: Town of Fountain Hills ATTN: Steve Bartlett SITE: Town of Fountain Hills We are pleased to provide a proposal for aftercare of the Town of Fountain Hills Building Management System (BMS). This scope of work is designed to keep the system down time to a minimum, keep the building HVAC systems operating as efficiently as possible. EMS System planned service including the following •Provide (16) hours per quarter of on‐site planned service shared between the Community Center, Library/Museum, Town Hall and Physical Plant for (1) year from date the contract is signed. •Planned service visits will include basic preventative maintenance and owner directed maintenance as required. •In addition to onsite visits UES will provide remote diagnostic and technical support on an on‐ call basis to customer calls, charges may apply •As a planned service customer you will receive priority call response as well as preferred customer pricing. •Remote system access must be provided at all times for UE technical personnel to support remote diagnostic capability. •Annual software maintenance and upgrade service is not provided •Controls consultation to enhance the district EMS (improvements, integrations, controls manufacturers/protocols, future building control expansion plan and HVAC sequences) to help increase the performance of the building HVAC and Energy Management Systems. Scope includes 1)Meet with onsite facilities to discuss concerns, changes, improvements and issues 2)Back-up EMS database. 3)Review alarms and system notifications-clean up nuisance alarms, identify critical alarms and provide report of findings. 4)Report on control strategy effectiveness and make recommendations for improvement and implement necessary adjustments. 5)Visually inspect mechanical room equipment and wall mounted sensors for visible damage. 6)Provide check list and report of all work completed and changes made to the system. www.UrbanEnergyllc .com PHOENIX 3312 E. Broadway Road · Phoenix, AZ · 85040 Office: 480.282.9501 Fax: 602.357.7403 AZROC 252925 K-11 Electrical AZROC 276050 B-1 General Contracting Exhibit C 7) Remotely access system quarterly to identify alarms, system notifications and offline equipment. Clear out nuisance alarms, send report of all findings and adjustments. 8) Training as needed during monthly visits. 9) As items of deficiencies are found, a report of findings and additional costs for repairs will be provided. Annual Aftercare Agreement Pricing: Town Hall The total price for UES’s service during the original term of this agreement is $2,082.50 per year. This amount will be paid to UES in 4 installments of $520.62 The payments will be due and payable when the client receives UES’s invoice and in advance of the services UES is to provide. Community Center The total price for UES’s service during the original term of this agreement is $2,082.50 per year. This amount will be paid to UES in 4 installments of $520.62 The payments will be due and payable when the client receives UES’s invoice and in advance of the services UES is to provide. Library/Museum The total price for UES’s service during the original term of this agreement is $2,082.50 per year. This amount will be paid to UES in 4 installments of $520.62 The payments will be due and payable when the client receives UES’s invoice and in advance of the services UES is to provide. Physical Plant The total price for UES’s service during the original term of this agreement is $2,082.50 per year. This amount will be paid to UES in 4 installments of $520.62 The payments will be due and payable when the client receives UES’s invoice and in advance of the services UES is to provide. Travel expenses have been included into the annual price Commencement of Services: • This agreement is for (1) year and takes effect on May 18th, 2021 and will expire on May 17th, 2022 at midnight, as mutually agreed upon. • Services will automatically renew on May 17th, 2022 unless a written request to cancel services is provided • Prices are firm for 60 days. They do not include bond, permits, sales taxes or user fees. Proposal is in accordance with UES’s standard terms and conditions of sale. Total annual service agreement price: $8,330.00 Exclusions: • Replacement of defective out of warranty parts (will provide a price for replacement as needed). • Fire alarm and smoke control related work. • Air balance support including hardware and software balance tools. • Components repaired or replaced under the terms of this agreement, shall be on a time and material basis. The labor time can be applied to the PM hours at the discretion of the owner. • Overtime labor. Our proposal is based on normal daytime working hours. Termination of Services: This contract may be canceled within 30 days from the effective contract date with a written notice by either the client or UES. The client understands that labor and material costs are incurred as part of an annual contract and that the payments made by the client may not cover all costs incurred. Upon cancellation, the contract will be reviewed and the client agrees to pay all reasonable charges. Where hardware and / or software upgrades are included as part of the scope of this agreement, any portion of any unpaid balance shall be paid in full to UES prior to termination of this agreement by the client. Sincerely, Loren Waxman, Urban Energy Solutions, LLC. 3312 E Broadway Rd - Phoenix, AZ 85040 O: 480-282-9501 D: 602-429-3056 F: 602-357-7403 C: 480-694-7629 E: lwaxman@urbanenergyllc.com W: www.UrbanEnergyInc.com Please Proceed with the above scope of work Signature: Name: Title: Date: PO# Amount: Standard Terms and Conditions 1) DEFINITIONS (a) COVERED EQUIPMENT means the equipment for which services are to be provided under this agreement. Covered equipment is defined by the applicable service pages and the “List of Maintained Equipment” part of this agreement. (b) EQUIPMENT FAILURE means the sudden and accidental failure of moving parts or electric or electronic components that are part of the covered equipment and that are necessary for its operation. (c) SCHEDULED SERVICE VISITS include labor required to perform inspections and preventive maintenance on covered equipment. (d) SCHEDULED SERVICE MATERIALS include materials required to perform scheduled service visits on covered equipment. (e) REPAIR LABOR includes labor necessary to restore covered equipment to working condition following an equipment failure and excludes total equipment replacement due to obsolescence or unavailability of parts. (f) REPAIR MATERIALS includes materials necessary to restore covered equipment to working condition following an equipment failure and excludes total equipment replacement due to obsolescence or unavailability of parts. At UES’s option, repair materials may be new, used, or reconditioned. All repair materials are covered by the warranty as described below. 2) SERVICE COVERAGE OPTIONS (a) BASIC COVERAGE includes Scheduled Service Visits, plus Scheduled Service Materials if elsewhere noted in this Agreement, for Covered Equipment. (b) PREMIUM LEVEL COVERAGE includes BASIC COVERAGE as well as Repair Labor, plus Repair Material unless elsewhere noted in this agreement for covered equipment. 3) EXTENDED SERVICE includes extended service for repairs and is available only if Client has PREMIUM coverage. The price for Extended Service, if chosen by Client, is part of the total price Client will pay. (a) Should a defect be found during an Extended Service visit that UES is not responsible for under this Agreement, Client agrees to pay UES ‘s standard fee for any services rendered. (b) Should Repair Labor or Repair Materials be performed in periods beyond the Extended Service period, Client agrees to pay UES standard fee for any services rendered beyond the Extended Service period. 4) INITIAL EQUIPMENT INSPECTION FOR PREMIUM COVERAGE UES will inspect the Covered Equipment within 45 days of the date of this Agreement or as seasonal or operational conditions permit. UES will advise Client if UES finds any Covered Equipment not in working order or in need of repair. With the Client's approval, UES will perform the work necessary to put the Covered Equipment in proper working condition. This work will be done at UES s standard fee for parts and labor in effect at that time. If the Client does not want UES to do the work identified by UES, or if Client does not have the work done, the equipment will be removed from the list of Covered Equipment and the price of this Agreement will then be adjusted. 5) WARRANTY UES warrants that its services will be provided in a good and workmanlike manner and that parts repaired or replaced by UES will be free from defects in workmanship, design, and material until the end of this Agreement or for one year, whichever is earlier. UES sole obligation shall be to repair or to replace defective parts or to properly redo defective services. Urban Energy Solutions, Inc. DISCLAIMS ALL OTHER WARRANTIES ON THE EQUIPMENT FURNISHED UNDER THIS AGREEMENT, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 6) SCOPE OF SERVICE Client understands that UES is a provider of services under this Agreement .UES shall not be considered a merchant or a vendor of goods. If UES installs or furnishes a piece of equipment under this Agreement, and that equipment is covered by a warranty from the manufacturer, UES will transfer the benefits of that manufacturer's warranty to Client if this Agreement with Client terminates before the equipment manufacturer's warranty expires. 7) CLIENT OBLIGATIONS AND COMMITMENTS TO UES (a) The Client warrants that, to the best of Client's knowledge, that all Covered Equipment is in good working condition and that the Client has given UES all information of which Client is aware concerning the condition of the Covered Equipment. (b) The Client agrees that, during the term of this Agreement, the Client will: (1) Operate the Covered Equipment according to the manufacturer's recommendations; (2) Keep accurate and current work logs and information on the covered equipment as recommended by the manufacturer; (3) Provide an adequate environment for covered equipment as recommended by the manufacturer or as recommended by UES, including adequate space, electrical power, air conditioning, and humidity control; (4) Notify UES immediately of any equipment malfunction, breakdown, or other condition affecting the operation of the Covered Equipment; (5) Allow UES to start and stop, periodically turn off, or otherwise change or temporarily suspend equipment operations so that UES can perform the services required under this Agreement; and (6) Provide proper condenser and boiler water treatment, as necessary, for the proper functioning of Covered Equipment, if such services are not UES’s responsibility under this Agreement. c) The Client acknowledges that its failure to meet these obligations will relieve UES of any responsibility for any equipment breakdown, or any necessary repair or replacement, of any equipment 8) CHANGES TO CLIENT EQUIPMENT The Client retains the right to make changes or alterations to its equipment If in UES’s opinion, such changes or alterations substantially affect UES’s services or obligations, UES shall have the right to make appropriate changes to the scope or to the price of this Agreement or to both. 9) ACCESS The Client will give UES full access to all equipment that is either Covered Equipment or “List of Maintained Equipment” associated with it when UES requests such access. If access cannot be provided, UES’s obligations under this Agreement will be suspended until such access to the equipment is provided. Matters affecting UES 's access to the equipment may include, but are not limited to, the removal, replacement, repair, refinishing, restoration, reconstruction, or other remedial actions taken by the Client with respect to equipment or to the Client's facility. Suspension of UES’s duties for this reason will not cancel or suspend any of the Client's obligations under this Agreement. 10) EXCLUSIONS UES’s services under this Agreement do not include: (a) Supplies, accessories, or any items normally consumed during the use of covered equipment, such as ribbons, bulbs, and paper; (b) Calls resulting from lack of operator-level preventive maintenance, site-related problems, or operator error; (c) Service calls due to failures resulting from acts of God, abuse or misuse of equipment, or alterations, modifications, or repairs to equipment not performed or provided by UES ; (d) The furnishing of materials and supplies for painting or refinishing equipment; (e) Electrical work to the Client's facility necessary because of equipment; (f) Service calls resulting from attachments made to covered equipment or other equipment not covered by this agreement; (g) The repair or replacement of ductwork, casings, cabinets, structural supports, tower fill/slats/basin, hydronic and pneumatic piping, and vessels, gaskets, and piping not normally replaced or maintained on a scheduled basis, and removal of oil from pneumatic piping; (h) Service calls resulting from the effects of erosion, corrosion, acid cleaning, or damage from unexpected or especially severe freezing weather that is beyond what is prevented by UES 's normal maintenance; (i) Work caused by any operation of, adjustments to, or repair to, Covered Equipment (see “List of Maintained Equipment”)by others not authorized in advance by UES ; (j) Work requiring a lift, scaffolding and/or above 12’ in height 11) EXCLUSIONS (continued) (a) Work caused by the negligence of others, including but not limited to equipment operators and water treatment companies; (b) Service calls due to failures caused by improper environmental conditions affecting equipment or electrical power fluctuations, if due to conditions beyond UES 's control and service calls required because UES had previously been denied access to the equipment (c) Disposal of hazardous wastes. Hazardous wastes remain the property and the responsibility of the client even when removed from equipment or replaced by UES as provided by the terms of this agreement the client shall be responsible for the proper storage and disposal of hazardous wastes. This includes, but is not limited to, used oil, contaminated or uncontaminated refrigerant, and PCBs. 12) UES 'S EQUIPMENT UES may provide tools, documentation, panels, or other control equipment in the client's building for UES’s convenience in performing UES’s services. That equipment shall remain UES’s property. UES retains the right to remove such items at any time during the term, or upon the termination of, this Agreement. 13) INDEMNITY UES and the Client agree that UES shall be responsible only for such injury, loss, or damage caused by the intentional misconduct or the negligent act or omission of UES. UES and the Client agree to indemnify and to hold each other, including their officers, agents, directors, and employees, harmless from all claims, demands, or suits of any kind, including all legal costs and attorney's fees, resulting from the intentional misconduct of their employees or any negligent act or omission by their employees or agents. 14) LIMITATION OF LIABILITY (a) Neither UES nor the Client will be responsible to the other for any special, indirect, or consequential damages. Neither party will be responsible to the other for damage, loss, injury, or delay caused by conditions that are beyond the reasonable control, and without the intentional misconduct or negligence, of that party. Such conditions include, but are not limited to: (a) acts of God; (b) acts of Government agencies; (c) strikes; (d) labor disputes; (e) fire; (f) explosions or other casualties; (g) thefts; (h) vandalism; (I) riots or war; or unavailability of parts, materials, or supplies. (b) If this agreement covers fire safety or security equipment, the client understands that UES is not an insurer regarding those services. UES shall not be responsible for any damage or loss that may result from fire safety or security equipment that fails to perform properly or fails to prevent a casualty loss. (c) UES is not responsible for any injury, loss, or damage caused by equipment that is not covered equipment. 15) ASBESTOS AND HAZARDOUS MATERIALS UES’s work and services under this Agreement exclude anything connected or associated with asbestos or hazardous materials. UES shall not be required to perform any identification, abatement, cleanup, control, or removal of asbestos or hazardous materials. The Client represents that, to the best of the Client's knowledge, there is no asbestos or hazardous material in the Client's building that will in any way affect UES’s work. Should UES become aware of or suspect the presence of asbestos or hazardous materials, UES shall have the right to stop work in the affected area immediately and notify the Client. The Client will be responsible for doing whatever is necessary to correct the condition in accordance with all applicable statutes and regulations. The Client agrees to assume responsibility for any claims arising out of or relating to the presence of asbestos or hazardous materials in the Client's building. 16) ASSESSMENT It is the Client's responsibility to pay all taxes or other government charges relating to the transfer, use, ownership, servicing, or possession of any equipment relating to this Agreement 17) RESOLUTION OF DISPUTES If a dispute arises, the parties shall promptly attempt in good faith to resolve the dispute by negotiation. All disputes not resolved by negotiation shall be resolved in accordance with the Commercial Rules of the American Arbitration Association in effect at that time, except as modified herein. All disputes shall be decided by a single arbitrator. A decision shall be rendered by the arbitrator no later than nine months after the demand for arbitration is filed, and the arbitrator shall state in writing the factual and legal basis for the award. No discovery shall be permitted. The arbitrator shall issue a scheduling order that shall not be modified except by the mutual agreement of the parties. Judgment may be entered upon the award in the highest state or federal court having jurisdiction over the matter. The prevailing party shall recover all costs, including attorney's fees, incurred as a result of the dispute. 18) MISCELLANEOUS PROVISIONS (a) Any notice that is required to be given under this Agreement must be in writing and sent to the party at the address noted on the first page of this Agreement. (b) This Agreement cannot be transferred or assigned by either party without the prior written consent of the other party. (c) This Agreement is the entire Agreement between UES and the Client and supersedes any prior oral understandings, written agreements, proposals, or other communications between UES and the Client. (d) Any change or modification to this Agreement will not be effective unless made in writing. This written instrument must specifically indicate that it is an amendment, change, or modification to this Agreement. (e) The Client acknowledges and agrees that any purchase order issued by Client, in accordance with this Agreement, is intended only to establish payment authority for the Client's internal accounting purposes. No purchase order shall be considered to be a counteroffer, amendment, modification, or other revision to the terms of this Agreement. No term or condition included in the Client's purchase order will have any force or effect. (f) Should any changes to relevant regulations, laws, or codes substantially affect UES 's services or obligations, the Client agrees to negotiate with UES for appropriate changes to the scope or price of this Agreement or both. 1910 W. Washington St. * Phoenix, AZ. 85009 www.1GPA.org May 19, 2016 Urban Energy Solutions, Inc. Justin Rojas 3312 E. Broadway Rd. Phoenix, AZ 85040 Dear Justin Rojas, 1GPA is pleased to announce that your company has been awarded a contract for the following services based on the bid submitted to 1GPA for IFB # 17-13PV: Commodity/Contract Title: Electrical and Lighting Products and Services Contractor/Vendor: Urban Energy Solutions, Inc. Contract Number: 17-13PV-05 The contract is effective immediately and will expire on May 17, 2018. The contract may be renewed annually for up to an additional four years, if mutually agreed to by 1GPA and your firm. The 1GPA partnership can be of great help to participating agencies. Please feel free to provide copies of this letter to your sales representative to assist in their work.Please review the Vendor Welcome Guide that is included in the Award Notification Email. If you have any questions or concerns, please feel free to contact Christy Knorr at the 1GPA office at 480/399-6366 or via email; cknorr@1GPA.org. We look forward to working with you and your team! Sincerely, Jennifer Munoz 1GPA, Director of Procurement and Compliance 1Government Procurement Alliance (1GPA) 1910 W. Washington St Phoenix, AZ 85009 Phone: 866-306-3893 Fax: 602-663-9515 Website: www.1gpa.org Paradise Valley Unified School District as the lead agency of 1Government Procurement Alliance is releasing the following sol icitation: Invitation for Bid # 17-13PV Electrical and Lighting Products and Services Bid Due Date and Time: April 18, 2017 at 1:00 P.M. Arizona Time IFB Opening Location: Paradise Valley Unified School District 15002 North 32nd Street Phoenix, Arizona 85032 See enclosed information for submittal instructions. Last Day for Questions: April 4, 2017 Pre-Bid Conference: March 30, 2017 @ 10:00 AM Paradise Valley Unified School District 15002 North 32nd Street Phoenix, Arizona 85032 Note: This IFB will be replacing the following contract: RFP C13-27 – Electrical Products and Services ** Current vendors that have been awarded the above contract will need to respond to this IFB in order to have the opportunity to continue servicing 1GPA Members. In accordance with the Arizona procurement code and rules, Competitive Sealed Bids for the materials or services specified will be received by the lead agency, at the above specified location, until the time and date cited. Bids received by the correct time and date shall be opened and the bidder’s pricing shall be publicly read. All other information contained in the Bid shall remain confidential until award is made. Solicitations shall be in the actual possession of the lead agency on or prior to the t ime and date, and at the location indicated above. Late solicitations shall not be considered. Solicitations must be submitted in a sealed envelope with the Invitation for Bid number and the Bidder’s name and address clearly indicated on the envelope. Additional instructions for preparing a solicitation are provided herein. Bidders are strongly encouraged to carefully read the entire solicitation document. Questions regarding this Invitation for Bid should be directed to: Jennifer Muñoz, Director of Procurement, 1GPA Email: jmunoz@1gpa.org Phone: 480-579-9497 Claudia Leon, Director of Purchasing Jennifer Muñoz, Director of Procurement Paradise Valley Unified School District (PVUSD) 1Government Procurement Alliance (1GPA) Date: March 23, 2017 1GPA 17-13PV Electrical and Lighting Products and Services Page 2 of 60 TABLE OF CONTENTS Documents Referenced Page 3 Introduction Page 4 Bid and Contract Acceptance Form Page 5 Definition of Terms Page 6 Uniform Instructions to Bidders Page 7 Uniform Terms and Conditions Page 12 Special Terms and Conditions Page 19 Scope of Work Page 26 Bid Format Page 34 QUESTIONNAIRE 1: Qualifications and Experience / Responsibility Criteria Page 36 Financial Disclosure Questionnaire Page 38 QUESTIONNAIRE 2: Products and Services Offered Summary Page 39 QUESTIONNAIRE 3: Cost Page 40 QUESTIONNAIRE 4: Past Performance Page 41 References Form Page 42 Performance Evaluation Survey Page 43 QUESTIONNAIRE 5: Value Added Services Page 44 QUESTIONNAIRE 6: Responsiveness / Compliance Page 45 Subcontractor List Form Page 47 Antitrust Certification Statement Page 48 Non-Collusion Affidavit Page 49 Bid Bond Page 50 Performance Bond Page 51 Payment Bond Page 52 1GPA 17-13PV Electrical and Lighting Products and Services Page 3 of 60 TABLE OF CONTENTS (CONTINUED) Certificate of Insurance Page 53 W-9 Form Page 54 MWBE / HUB Form Page 55 EDGAR Certifications Form Page 56 Sealed Bid Return Label Page 60 DOCUMENTS REFERENCED: You may access a copy of the documents referenced within this solicitation at the following web addresses: Arizona: Arizona Revised Statutes (A.R.S.) is available at http://www.azleg.state.az.us/ArizonaRevisedStatutes.asp The Arizona School District Procurement Rules in the Arizona Administrative Code (A.A.C.) is available at http://azsos.gov/public_services/Title_07/7-02.htm#Article_10 All Other States: For a full listing of Intergovernmental Purchasing Statutes by state, Click Here to be re-directed to 1GPA website available at: http://1gpa.org/state-statutes/ Federal: I.R.S. W-9 form (Request for Taxpayer I.D. Number) is available at http://www.irs.gov/pub/irs-pdf/fw9.pdf Education Department General Administrative Regulations (EDGAR), 2 C.F.R. §§ 200.318-326 https://www.gpo.gov/fdsys/pkg/CFR-2014-title2-vol1/xml/CFR-2014-title2-vol1-part200-subpartD.xml 1GPA 17-13PV Electrical and Lighting Products and Services Page 4 of 60 INTRODUCTION TO 1GOVERNMENT PROCUREMENT ALLIANCE (1GPA) Who are we? 1Government Procurement Alliance (1GPA), is a non-profit national governmental purchasing cooperative which allows public agencies to take advantage of existing contracts to purchase the goods and services they need from local and national vendors . Eligible using members include school districts, charter schools, universities, colleges, cities, towns, municipalities, counties, states, local governments, federal government, Native American communities, fire districts, and any other political subdivision. What do we do? We provide contracts for a broad range of commodities and services that are available to the Cooperative eligible members through a government purchasing cooperative or Interlocal agreement. All of our contracts are competitively procured and awarded in compliance with state statutes, procurement laws and regulations. Contracts are approved and awarded by 1GPA’s lead governmental entities and are only available for use and benefit of all entities complying with state procurement laws and regulations. Why are we preferred? The Cooperative’s pooled purchasing power means public and private schools, cities, counties and state agencies, non -profits, as well as colleges, universities and Native American communities can save actual budget dollars on our contracts utilizing best business practices. Our agency is dedicated to negotiating the best contracts with the best firms locally or nationally to ensure our members receive quality products and services at the best price. We service our members by providing in-house knowledge of public procurement practices in conjunction with quality business practices to mainstream the purchasing process for large and complex solicitations that can take up to 6 to 12 months for our members on their own. We pride our firm on our commitment to compliance, innovation, and collaboration. 1GPA 17-13PV Electrical and Lighting Products and Services Page 6 of 60 DEFINITION OF TERMS A complete list of definitions can be found in the Arizona Administrative Code R7-2-1001. The terms listed below are defined as follows: “Attachment” means any item the Solicitation requires the Bidder to submit as part of the Bid. “Bidder” means a person submitting a Bid in response to an Invitation for Bids “Contract” means the combination of the Solicitation, including the Special Instructions to Bidders, Special Terms and Conditions, and the Specifications and Statement or Scope of Work/Services; the Bid; and any Solicitation Amendments or Contract Amendments, and Member purchase orders. "Contract Amendment" means a written document signed by the 1GPA that is issued for the purpose of making changes in the Contract. “Contractor” means any person who has a Contract with the 1GPA. “Cost” means the aggregate cost of all materials and services, including labor performed by force account. “Days” means calendar days and shall be computed pursuant to A.R.S. 1-243. “Exhibit” means any item labeled as an Exhibit in the Solicitation or placed in the Exhibits section of the solicitation. “Governing Body” means any group comprised of elected or appointed officials, such as School District Governing Boards, City Councils, County Supervisors, Board of Regents, etc., which has the authority to make fiduciary decisions for a Member organization. “Gratuity” means a payment, loan, subscription, advance, deposit of money, services, or anything of more than nominal value, present or promised, unless consideration of substantially equal or greater value is received. “Materials” means all property, including equipment, supplies, printing, insurance and leases of property but does not include land, a permanent interest in land or real property or leasing space. “Member” means a government organization which has entered into a Cooperative Purchase Agreement (CPA) with 1GPA. “Person” means any corporation, business, individual, union, committee, club, other organization or group of individuals. “Responsible Bidder or Offeror” means a person who at the time of contract award has the capability to perform the Contract requirements with the integrity and reliability which will assure good faith performance. “Responsive Bidder or Offeror” means a person who submits a bid or proposal which conforms in all material respects to the Invitation for Bids or Request for Proposals. “Services” means the furnishing of labor, time or effort by a contractor or subcontractor which does not involve the delivery of a specific end product other than required reports and performance, but does not include employment agreements or collective bargaining agreements. “Solicitation” means an Invitation for Bids (“IFB”), a Request for Proposal (“RFP”), or a Request for Quotations (“RFQ”). “Subcontract” means any Contract, express or implied, between the Contractor and another party or between a subcontractor and another party delegating or assigning, in whole or in part, the making or furnishing of any material or any service required for the performance of the Contract. UNIFORM INSTRUCTIONS TO BIDDERS 1GPA 17-13PV Electrical and Lighting Products and Services Page 7 of 60 1. Inquiries A. Duty to Examine - It is the responsibility of each Bidder to examine the entire Solicitation, seek clarification in writing, and check its Bid for accuracy before submitting the Bid. Lack of care in preparing a Bid shall not be grounds for withdrawing the Bid after the Bid due date and time nor shall it give rise to any Contract claim. B. Solicitation Contact Person - Any inquiry related to a Solicitation, including any requests for or inquiries regarding standards referenced in the Solicitation, shall be directed solely to the Solicitation contact person. C. Submission of Inquiries - Questions and/or clarifications concerning this IFB will be accepted in writing through April 4, 2017 at 5:00 p.m. Request may be transmitted via facsimile or email. Written responses to all written inquiries will be provided and distributed to all recipients of this IFB. Responses and addenda to this IFB, if necessary, are scheduled to be issued by April 7, 2017. No Bidder may rely upon oral responses made by any 1GPA employee or any representative. Questions and/or clarifications concerning this IFB shall be directed to Jennifer Muñoz, jmunoz@1GPA.org, or Fax 602-663-9515. D. Solicitation Amendments/Addenda - The Solicitation shall only be modified by a Solicitation Amendment or Addendum. 1GPA will not be responsible for Bidders adjusting their Bid based on oral instructions by any member of 1GPA or lead District Personnel. E. Pre-Bid Conference - If a Pre-Bid Conference has been scheduled under this Solicitation, the date, time, and location shall appear on the Solicitation cover sheet or elsewhere in the Solicitation. A Bidder should raise any questions it may have about the Solicitation or the procurement at that time. A Bidder may not rely on any verbal responses to questions at the conference. Material issues raised at the conference that result in changes to the Solicitation shall be answered solely through a written Solicitation Amendment or Addendum. F. Bid Opening: Bids shall be opened on the date and time, and at the place designated on the cover page of this document, unless amended in writing by 1GPA. The name of each Bidder and the pricing submitted will be read at this time. All Bids and any modifications and other information received in response to the Invitation for Bid shall be shown only to authorized 1GPA personnel having a legitimate interest in the evaluation. After contract award, the Bids and evaluation document shall be open for public inspection. G. Time Stamp: Bids will be time stamped when received. They will be accepted up to but no later than the time indicated in the Invitation for Bid (IFB). Bids received after the time stated in the IFB will not be considered and will remain unopened. Bidders assumes the risk of any delay in the U.S. Mail. Whether sent by mail or by means of personal delivery, the Bidder assumes responsibility for having his Bid deposited on time at the place specified. H. Persons with Disabilities - Persons with a disability may request a reasonable accommodation, such as a sign language interpreter, by contacting the appropriate Solicitation contact person. Requests shall be made as early as possible to allow time to arrange the accommodation. 2. Bid Preparation A. Forms: - A Bid shall be submitted either on the forms provided in this Solicitation or their substantial equivalent. Any substitute document for the forms provided in this Solicitation will be legible and contain the same information requested on the form. B. Typed or Ink Corrections. - The Bid should be typed or in ink. Erasures, interlineations or other modifications in the Bid should be initialed in ink by the person signing the Bid. Modifications shall not be permitted after Bids have been opened except as otherwise provided under R7-2-1030. C. Signature(s) on Bids - The Bid and Contract Acceptance document must be submitted with an original ink signature by the person authorized to sign the Bid. Failure to sign the Bid and Contract Acceptance document may result in rejection of the Bid. D. Exceptions to Terms and Conditions - All exceptions included with the Bid shall be submitted in a clearly identified separate section of the Bid in which the Bidder clearly identifies the specific paragraphs of the Solicitation where the exceptions occur. Any exceptions not included in such a section shall be without force and effect in any resulting Contract unless such exception is specifically referenced by the Procurement Officer in a written statement. The Bidder’s preprinted or standard terms will not be considered as a part of any resulting Contract. A Bid that takes exception to a material requirement of any part of the Solicitation, including terms and conditions, shall be rejected. UNIFORM INSTRUCTIONS TO BIDDERS 1GPA 17-13PV Electrical and Lighting Products and Services Page 8 of 60 E. Subcontracts - Bidder shall clearly list any proposed subcontractors and the subcontractor’s proposed responsibilities in the Bid. F. Cost of Bid Preparation - 1GPA will not reimburse any Bidder the cost of responding to a Solicitation. G. Solicitation Amendments/Addenda - Unless otherwise stated in the Solicitation, each Solicitation Amendment or Addendum shall be acknowledged by the person signing the Bid. Failure to acknowledge a material Solicitation Amendment or Addendum or to follow the instructions for acknowledgement of the Solicitation Amendment/Addendum may result in rejection of the Bid. H. Provision of Tax Identification Numbers - Bidders are required to provide their Arizona Transaction Privilege Tax number and/or Federal Tax Identification number, if applicable, in the space provided on the Bid and Acceptance form and provide the tax rate and amount, if applicable, on the Price Sheet. I. Taxes: 1. Federal Excise Tax - Arizona School Districts/public entities are exempt from certain Federal Excise Tax on manufactured goods. 2. Transaction Privilege Taxes - Arizona School Districts/public entities are subject to all applicable state and local transaction privilege taxes. Transaction Privilege Taxes in Arizona include State, County and City taxes. 3. Property Taxes - Arizona School Districts/public entities do not pay state property taxes. 4. Taxes on Shipping - Transaction privilege tax may not be collected on delivery c harges to the Member’s location if separately stated on the invoice. 5. Payment of Taxes – Member is responsible for payment for all taxes listed on the invoice. Contractor is responsible for collection such taxes and shall forward all taxes to the proper revenue office. All Other States - Other states may have different tax requirements and laws. The tax laws in each state shall be followed by the awarded vendor. It is the responsibility of the vendor to be familiar with the laws and statutes in the state in which they are conducting business. J. Disclosure - If the firm, business, or person submitting this Bid has been debarred, suspended or otherwise lawfully precluded from participating in any public procurement activity, including being disapproved as a subcontractor with any Federal, state, or local government, or if any such preclusion from participation from any public procurement activity is currently pending, the Bidder shall fully explain the circumstances relating to the preclusion or proposed preclusion in the Bid. The Bidder shall include a letter with its Bid setting forth the name and address of the governmental unit, the effective date of this suspension or debarment, the duration of the suspension or debarment, and the relevant circumstances relating the suspension or debarment. If suspension or debarment is currently pending, a detailed description of all relevant circumstances including the details enumerated above must be provided. K. Solicitation Order of Precedence - In the event of a conflict in the provisions of this Solicitation and any subsequent contracts, the following shall prevail in the order set forth below: 1. Addenda/Amendments; 2. Special Instructions, Terms and Conditions; 3. Uniform General Terms and Conditions; 4. Scope of Work/Specifications; 5. Attachments; 6. Exhibits; 7. Uniform Instructions to Bidders. L. Delivery - Unless stated otherwise in the Solicitation, all prices shall be F.O.B. Destination and shall include all delivery and unloading at the destination(s). Contractor shall provide delivery of goods, and/or performance of services in accordance with the needs of the 1GPA Member. Products delivered must conform to the products listed under this contract and may not be substituted with nonconforming products. Contractor agrees to pay for and arrange for return of goods that are defective. 3. Submission of Bid UNIFORM INSTRUCTIONS TO BIDDERS 1GPA 17-13PV Electrical and Lighting Products and Services Page 9 of 60 A. Sealed Envelope or Package - Each Bid shall be submitted to the location identified in this Solicitation, in a sealed envelope or package that identifies its contents as a Bid and the Solicitation number to which it responds. The appropriate Solicitation number should be plainly marked on the outside of the envelope or package. B. Electronic Submission - If determined by 1GPA that electronic submission of Bids is advantageous, 1GPA will include the electronic submission requirements as well as if the electronic submission is mandatory or optional in the Special Instructions, Terms and Conditions section of the solicitation. Unless otherwise instructed, a facsimile or electronically submitted Bid shall be rejected. C. Bid Amendment or Withdrawal – A Bidder may modify or withdraw a Bid in writing at any time before Bid opening if the modification or withdrawal is received before the Bid due date and time at the location designated in the Solicitation. A Bid may not be amended or withdrawn after the Bid due date and time except as otherwise provided under R7-2-1028. D. Public Record/Confidentiality - Under applicable law, all Bids submitted and opened are public records and must be retained by 1GPA. Bids shall be open to public inspection after Contract award, except for such Bids deemed to be confidential by 1GPA pursuant to R7-2-1006. If Bidder believes that its Bid contains trade secrets or other proprietary data not be disclosed as otherwise required by A.R.S. §39-121, a statement advising 1GPA of this fact shall accompany the Bid, and the information shall be so identified wherever it appears. Requests to deem the entire Bid as confidential, contract terms and conditions, pricing, and information generally available to the public are not considered confidential information under this Section. E. Certification - By signing the Bid and Acceptance form or other official contract form, the Bidder certifies that: 1. The prices have been arrived at independently, without consultation, communication or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other Bidder or with any competitor; the prices which have been quoted have not been nor will not be disclosed directly or indirectly to any other Bidder or to any competitor; nor attempt has been made or will be made to induce any person or firm to submit or not to submit, a Bid for the purpose of restricting competition. It did not engage in collusion or other anti-competitive practices in connection with the preparation or submission of its Bid; and 2. It does not discriminate against any employee, applicant for employment or person to whom it provides services because of race, color, religion, sex, national origin, or disability, and that it complies with all applicable federal, state, and local laws and executive orders regarding employment, Executive Order 99-4, 2000-4 and A.R.S. §41-1461 through 1465; and 3. The Bidder warrants that it and all proposed subcontracts will maintain compliance with Federal Immigration and Nationality Act (FINA), ARS § 41-4401 and § 23-214, and all other Federal immigration laws and regulations related to the immigration status of its employees which requires compliance with Federal immigration laws by employers, contractors and subcontractors in accordance with the E-Verify Employee Eligibility Verification Program; and 4. The Bidder has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with the submitted Bid. Failure to provide a valid signature affirming the stipulations required by this clause shall result in rejection of the Bid. Signing the Bid with a false statement shall void the Bid, any resulting contract and may be subject to legal remedies provided by law; and 5. By submission of this Bid, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or member; and 6. By submission of this Bid, that no Federal appropriated funds have been paid or will be paid by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any member, a Member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of a Federal contract, the making of a Federal grant, the making of a Federal loan, the entering into a UNIFORM INSTRUCTIONS TO BIDDERS 1GPA 17-13PV Electrical and Lighting Products and Services Page 10 of 60 Cooperative agreement, and the extension, continuation, renewal, amendment, or modification of a Federal Contract, grant, loan or cooperative agreement; and 7. In accordance with ARS § 35-392, the Bidder is in compliance and shall remain in compliance with the Export Administration Act. 8. The Bidder warrants that it and all proposed subcontracts are not currently engaged in, and agrees for the duration of this Contract/Agreement that it will not engage in, a boycott of Israel, as that term is defined in A.R.S. 35-393. 4. Additional Information A. Unit Price Prevails - Where applicable, in the case of discrepancy between the unit price or rate and the extension of that unit price or rate, the unit price or rate shall govern. B. Taxes - The amount of any applicable transaction privilege or use tax of a political subdivision of the state of Arizona is not a factor in determining the lowest Bid. C. Late Bids, Modifications or Withdrawals - A Bid, Modification or Withdrawal submitted after the exact Bid due date and time shall not be considered except under the circumstances set forth in R7-2-1028(B). D. Disqualification - The Bid of a Bidder who is currently debarred, suspended or otherwise lawfully prohibited from any public procurement activity may be rejected. E. Bid Acceptance Period - A Bidder submitting a Bid under this Solicitation shall hold its Bid open for the number of days from the due date that is stated in the Solicitation. If the Solicitation does not specifically state a number of days for th e Bid acceptance, the number of days shall be ninety (90). F. Payment - Payments shall comply with the requirements of A.R.S. Titles 35 and 41, Net 30 days. Upon receipt and acceptance of goods or services, the Contractor shall submit a complete and accurate invoice for payment within thirty (30) days. G. Waiver and Rejection Rights - Notwithstanding any other provision of the solicitation, 1GPA reserves the right to: 1. Waive any minor informality; 2. Reject any and all Bids or portions thereof; or 3. Cancel the Solicitation. 5. Award A. Number or Types of Awards - Where applicable, the 1GPA reserves the right to make multiple awards or to award a Contract by individual line item, by a group of line items, by an incremental award, by region, or by location, as indicated within the Special Instructions, Terms and Conditions. The award will be limited to the least number of Bidders that 1GPA determines is necessary to meet the needs of its Members. B. Contract Inception - A Bid does not constitute a Contract nor does it confer any rights on the Bidder to the award of a Contract. A Contract is not created until the Bid is accepted in writing by 1GPA with an authorized signature on the Bid and Acceptance form. A letter or other notice of award or of the intent to award shall not constitute acceptance of the Bid. C. Effective Date - The effective date of this Contract shall be the date that 1GPA signs the Bid and Acceptance form or other official contract form, unless another date is specifically stated in the Contract. 6. Protests A protest shall comply with and be resolved according to Arizona Department of Education School District Procurement Code Rul e A.A.C. R7-2-1141 through R7-2-1153. Protests shall be in writing and be filed with the lead agency representative, Claudia Leon, Director of Purchasing. A. Protest shall include: UNIFORM INSTRUCTIONS TO BIDDERS 1GPA 17-13PV Electrical and Lighting Products and Services Page 11 of 60 1. The name, addresses, and telephone number of the interested party; 2. The signature of the interested party or the interested party's representative; 3. Identification of the purchasing member and the Solicitation or Contract number; 4. A detailed statement of the legal and factual grounds of the protest including copies of relevant documents; and 5. The form of relief requested. 6. The interested party shall supply promptly any other information requested by 1GPA or lead agency. B. Protests based upon alleged improprieties in a solicitation that are apparent before the due date and time for responses to the Solicitation, shall be filed before the due date and time for responses to the Solicitation. C. In cases other than those covered in section B of the section, the interested party shall file the protest within 10 days after 1GPA or lead agency makes the procurement file available for public instruction. D. The interested party may file a written request for an extension of the time limit for protest filing. The written request for an extension shall be filed with the 1GPA Representative before the expiration of the time limit and shall set forth good cause as to the specific action or inaction of 1GPA that resulted in the interested party being unable to file the protest within the 10 days. The 1GPA representative shall approve or deny the request in writing, state the reasons for the determination, and, if an extension is granted, set forth a new date for submission of the filing. UNIFORM TERMS AND CONDITIONS 1GPA 17-13PV Electrical and Lighting Products and Services Page 12 of 60 1. Cooperative Purchasing – A. Cooperative Purchasing - This contract is based on the need for 1GPA to provide the economic benefits of volume purchasing and reduction in administrative costs through cooperative purchasing to schools and other Members. Although contractors may restrict sales to certain public units (e.g. state agencies, local government units), any contract that prohibits sales from being made to public school districts may not be considered. Sales without restriction to any members are preferred. B. Cooperative Purchasing Agreements - Cooperative Purchasing Agreements between 1GPA and its Members have been established under all procurement laws. C. Cooperative Purchasing Contracts - Bidder agrees all prices, terms, warranties, and benefits granted by Bidder to Members through this contract are comparable to or better than the equivalent terms offered by Bidder to any present customer meeting the same qualifications or requirements. Nothing in this solicitation is intended to establish a most favored customer relationship between 1GPA and contractor. Contractor may respond to any solicitation without regard to this contract. If contractor offers lower prices to any of its other customers, it may lower its prices to 1GPA at the same time by written notice. D. Non-Exclusive Contract - Any contract resulting from this solicitation shall be awarded with the understanding and agreement that it is for the sole convenience of 1GPA members. 1GPA and its membership reserve the right to obtain like goods and services from other sources. E. Lead Agency - A Lead Agency is a well-established and well respected government agency who facilitates the competitive bidding process by being a part of the process from start to finish. The Lead Agency also provides Board Approval for the award of contracts resulting from each Solicitation. The Lead Agency for this IFB is Paradise Valley Unified School District. 2. Contract Interpretation A. Application of Law - The Arizona Procurement Code, Title 41, Chapter 23, applies to this Contract including, where applicable, the Uniform Commercial Code as adopted by the State of Arizona and the Arizona School District Procurement Code, Arizona Revised Statutes (A.R.S.) 15-213, and its implementing rules, Arizona Administrative Code (A.A.C.) Title 7, Chapter 2, Articles 10 and 11. For all other states this procurement shall be governed by, construed, and enforced in accordance with the laws of each state in which 1GPA is conducting business under this contract. It is the responsibility of the awarded vendor and member to ensure this solicitation and ensuing contract complies with the State laws in which they are conducting business regarding use of a cooperative contract. B. Implied Contract Terms - Each Provision of law and any terms required by law to be in this Contract are a part of this Contract as if fully stated in it. C. Relationship of Parties – Vendors receiving contracts under this solicitation are independent contractors. Neither party to this contract, nor any Member, shall be deemed to be the employee or agent of the other party to the contract. D. Severability - The provisions of this Contract are severable to the extent that any provision or application held to be invalid shall not affect any other provision or application of the Contract. E. No Parol Evidence - This Contract is intended by the parties as a final and complete expression of their agreement. No course of prior dealings between the parties and no usage of the trade shall supplement or explain any terms used in this document. F. No Waiver - Either party’s failure to insist on strict performance of any term or condition of the Contract shall not be deemed waiver of that term or condition even if the party accepting or acquiescing in the nonconforming performance knows of the nature of the performance and fails to object to it. 3. Contract Administration and Operation A. Records - Under A.R.S. § 41-2548, the Contractor shall retain and shall contractually require each Subcontractor to retain all data and other records (“records”) relating to the acquisition and performance of the Contract for a period of five years after the completion of the Contract. UNIFORM TERMS AND CONDITIONS 1GPA 17-13PV Electrical and Lighting Products and Services Page 13 of 60 B. Audit - At reasonable times during the term of this Contract and five (5) years thereafter, the Contractor’s or any Subcontractor’s books and records shall be subject to audit by 1GPA or Member and, where applicable, the Federal Government, to the extent that the books and records relate to the performance of the Contract or Subcontract. C. Inspection and Testing. The Contractor agrees to permit access to its facilities, Subcontractor facilities and the Contractor’s processes for producing the materials, at reasonable time for inspection of the materials and services covered under this Contract. 1GPA or its Members shall also have the right to test at its own cost the materials to be supplied under this Contract. Neither inspection at the Contractor’s facilities nor testing shall constitute final acceptance of the materials. If 1GPA or Member determines non-compliance of the materials, the Contractor shall be responsible for the payment of all costs incurred by 1GPA or Member for testing and inspection. D. Notices - Notices to the Contractor required by this Contract shall be made by 1GPA to the person indicated on the Bid and Acceptance form submitted by the Contractor unless otherwise stated in the Contract. Notices to 1GPA required by the Contract shall be made by the Contractor to the Solicitation Contact Person indicated on the Solicitation cover sheet, unless otherwise stated in the Contract. An authorized Procurement Officer and an authorized Contractor representative may change their respective person to whom notices shall be given by written notice and an Amendment to the Contract shall not be necessary. E. Advertising and Promotion of Contract - Bidder shall not advertise or publish information concerning this solicitation prior to an award being announced by 1GPA. After award, contractor(s) may advertise the availability of products and services to Member. Any promotional marketing materials using the 1GPA logo must be approved by 1GPA in advance. F. Administration Fee - 1GPA has an Administrative Fee of .00995 (0.995%). The Administrative Fee shall be included in the offeror’s net pricing and is the responsibility of the contractor. Vendor shall not add the administration fee to approved contract prices post award. The Administrative Fee shall be a part of the Vendor’s unit prices and is not to be charged direc tly to the customer in the form of a separate line item. G. Purchase Orders/Contracts - The Contractor shall notify 1GPA of all materials or services provided under this contract and agrees to send a copy of all purchase orders and/or contracts received from members to 1GPA within 10 days. Vendor failure to provide purchase orders and/or contracts may result in contract cancellation. Reporting arrangements must be made for purchase orders issued (see H & I). H. Reporting - The contractor shall provide monthly or quarterly reconciliation reports to 1GPA based on all contract activity. Reporting arrangements shall be made with 1GPA. At the completion of each period (monthly or quarterly), the vendor provides all sales under their contract in preparation for submission of their Usage Report. The invoice will be based on the net total purchase amounts made through the 1GPA contract and are due and payable upon receipt. I. Submission of Reports and Fees – Within ten (10) days following the end of the arranged reporting schedule, the contractor shall submit their Usage Report and if applicable, a check in the amount of the administrative fee (0.995%) of their sales transactions through the 1GPA contract. Contractor's failure to remit administrative fees in a timely manner consistent with the contract’s requirements may result in 1GPA exercising any recourse available under the contract or as provided for by law. Usage Reports and any questions are to be submitted by email to 1GPA’s designated email address: cknorr@1gpa.org. Administrative Fees shall be made out to “1GPA” and mailed to: 1910 W. Washington Street Phoenix, AZ 85009 For more information on the Usage Reports or the Administrative Fee, its calculation, submission or use, contact Christy Knorr at cknorr@1gpa.org. 4. Costs and Payments A. Ordering Procedures - Purchase Orders are issued by 1GPA members to the Vendor according to this Contract. Members and Vendors must send Purchase Orders to 1GPA at cknorr@1gpa.org. UNIFORM TERMS AND CONDITIONS 1GPA 17-13PV Electrical and Lighting Products and Services Page 14 of 60 B. Billings – Contractor shall invoice Member after delivery of goods and/or services. All invoices shall list the applicable Member purchase order and 1GPA contract number. Contractor will invoice Member directly. C. Payment – Payment terms are Net thirty (30) from receipt of Contractor’s invoice D. Progress Payments - 1GPA will permit Members to make progress payments under the following conditions: 1. Member and Contractor agree to the terms of the progress payments prior to issuing a purchase order 2. Purchase order describes the amounts or percentages and the dates or frequency of payments 3. Payments are made in full compliance with Member’s local governing entity rules E. Tax Indemnification - Contractor and all Subcontractors shall pay all federal, state, and local taxes applicable to its operation and any persons employed by the Contractor. Contractor shall, and require all Subcontractors to hold the Member harmless from any responsibility for taxes, damages and interest, if applicable, contributions required under federal, and/or state and local laws and regulations and any other costs including transaction privilege taxes, unemployment compensation insurance, Social Security and Worker’s Compensation. F. IRS W-9 - In order to receive payment under any resulting Contract, Contractor shall have a current I.R.S. W-9 Form on file with each Member. G. Availability of Funds for the Next Fiscal Year - Funds may not presently be available for performance under this Contract beyond the current fiscal year. No legal liability on the part of the Member for any payment that may arise under this Contract beyond the current fiscal year until funds are made available for performance of the Contract. It is the responsibility of the Member to make reasonable efforts to secure such funds. 5. Contract Changes A. Amendments - The Contract may be modified only through a Contract Amendment within the scope of the Contract signed by the Procurement Officer. Changes to the Contract, including the addition of work or materials, the revision of payment terms, or the substitution of work or materials, directed by an unauthorized employee or made unilaterally by the Contractor are violations of the Contract and or applicable law. Such changes, including unauthorized written Contract Amendments, shall be void and without effect, and the Contractor shall not be entitled to any claim and this Contract based on those changes. B. Subcontracts - The Contractor shall not enter into any Subcontract under this Contract without the advance written approval of the Procurement Officer. The Subcontract shall incorporate by reference the terms and conditions of this Contract. C. Assignment and Delegation - Contractor shall not assign any right or interest nor delegate any duty under this Contract without the prior written approval of 1GPA. 1GPA shall not unreasonably withhold approval. D. Novation - If contractor sells or transfers all assets or the entire portion of the assets used to perform this contract, a successor in interest must guarantee to perform all obligations under this contract. 1GPA reserves the right to accept or reject any new party. A simple change of name agreement will not change the contractual obligations of contractor. E. Contract Placed on Hold - 1GPA shall have the ability to place a contract on hold, if it is deemed necessary to address ongoing problems with an awarded contract. Details of the decision to place the contract on hold shall be provided in a written deficiency notice. A reasonable amount of time shall be provided to contractor to address issues in the written deficiency notice. 6. Risk and Liability A. Risk of Loss - Contractor shall bear all loss of conforming material covered under this Contract until received by authorized personnel at the location designated in the purchase order or Contract. Mere receipt does not constitute final acceptance. The risk of loss for nonconforming materials shall remain with the Contractor regardless of receipt. B. General Indemnification - To the extent permitted by law, 1GPA and its Members shall be indemnified and held harmless by the Contractor for its vicarious liability as result of entering into this Contract. Each party to this Contract is responsible for its own negligence. UNIFORM TERMS AND CONDITIONS 1GPA 17-13PV Electrical and Lighting Products and Services Page 15 of 60 C. Indemnification - Patent and Copyright - To the extent permitted by law, Contractor shall indemnify and hold harmless 1GPA and its Members against any liability, including costs and expenses, for infringement of any patent, trademark, or copyright arising out of Contract performance or use by the 1GPA or Member of materials furnished or work performed under this Contract. 1GPA or Member shall reasonably notify the Contractor of any claim for which it may be liable under this paragraph. D. Force Majeure 1. Except for payment of sums due, neither party shall be liable to the other nor deemed in default under this Contract if and to the extent that such party’s performance of this Contract is prevented by reason of force majeure. The term “force majeure” means an occurrence that is beyond the control of the party affected and occurs without its fault or negligence. Without limiting the foregoing, force majeure includes acts of God; acts of the public enemy; war; riots; strikes; mobilization; labor disputes; civil disorders; fire; flood; lockouts; injections-intervention-acts; or failures or refusals to act by government authority; and other similar occurrences beyond the control of the party declaring force majeure which such party is unable to prevent by exercising reasonable diligence. 2. Force Majeure shall not include the following occurrences: a. Late delivery of equipment or materials caused by congestion at a manufacturer’s plant or elsewhere, or an oversold condition of the market; or b. Late performance by a Subcontractor unless the delay arises out of a force majeure occurrence in accordance with this force majeure term and condition; or c. Inability of either the Contractor or any Subcontractor to acquire or maintain any required insurance, bonds, licenses, or permits. 3. If either party is delayed at any time in the progress of the work by force majeure, the delayed party shall notify the other party in writing of such delay, as soon as is practicable and no later than the following working day, of the commencement thereof and shall specify the causes of such delay in such notice. Such notice shall be delivered or mailed certified-return receipt, and shall make a specific reference to this article, thereby invoking its provisions. The delayed party shall cause such delay to cease as soon as practicable and shall notify the other party in writing when it has done so. The time of completion shall be extended by Contract Amendment for a period of time equal to the time that results or effects of such delay prevent the delayed party from performing in accordance with this Contract. 4. Any delay or failure in performance by either party hereto shall not constitute default hereunder or give rise to any claim for damages or loss of anticipated profits if, and to the extent that such delay or failure is caused by force majeure. 7. Warranties A. Liens - The Contractor warrants that the materials supplied under this Contract are free of liens. B. Quality - Unless otherwise modified elsewhere in these terms and conditions, the Contractor warrants that, for one year after acceptance by the School District/Public Entity of the materials or services, they shall be: 1. A quality to pass without objection in the trade under the Contract description; 2. Fit for the intended purposes for which the materials or services are used; 3. Within the variations permitted by the Contract and are of even kind, quality, and quality within each unit and among all units; 4. Adequately contained, packaged and marked as the Contract may require; and 5. Conform to the written promises or affirmations of fact made by the Contractor. C. Fitness - Contractor warrants that any material or service supplied to 1GPA or its Members shall fully conform to all requirements of the contract and all representations of the Contractor, and shall be fit for all purposes and uses required by the Contract. UNIFORM TERMS AND CONDITIONS 1GPA 17-13PV Electrical and Lighting Products and Services Page 16 of 60 D. Inspection/Testing - The warranties set forth in in this section shall not affected by inspection or testing of, or payment for the materials or services by 1GPA Members. E. Compliance with Applicable Laws - The materials and services supplied under this Contract shall comply with all applicable federal, state and local laws, and the Contractor shall maintain all applicable licenses and permits. F. Survival of Rights and Obligations after Contract Expiration or Termination 1. Contractor’s Representations and Warranties. All representations and warranties made by the Contractor under this Contract shall survive the expiration of termination hereof. In addition, the parties hereto acknowledge that pursuant to A.R.S. § 12-510, except as provided in A.R.S. § 12-529, 1GPA and its Members are not subject to or barred by any limitations of actions prescribed in A.R.S. Title 12, Chapter 5. 2. Purchase Orders. The Contractor shall, in accordance with all terms and conditions of the Contract, fully perform and shall be obligated to comply with all purchase orders received by the Contractor prior to the expiration or termination hereof, unless otherwise directed in writing by the Procurement Officer, including, without limitation, all purchase orders received prior to but not fully performed and satisfied at the expiration or termination of this Contract. 8. Contractual Remedies A. Right to Assurance - If 1GPA in good faith has reason to believe that the Contractor does not intend to, or is unable to perform or continue performing under this Contract, 1GPA may demand in writing that the Contractor give a written assurance of intent or ability to perform. Failure by the Contractor to provide written assurance within the number of days specified in the demand may, at 1GPA’s option, be the basis for terminating the Contract under the Uniform General Terms and Conditions. B. Nonconforming Tender - Materials supplied under this Contract shall fully comply with the Contract. The delivery of materials or a portion of the materials in an installment that do not fully comply constitutes a breach of Contract. On delivery of nonconforming materials, 1GPA may terminate the Contract for default under applicable termination clauses in the Contract, exercise any of its remedies under the Uniform Commercial Code, or pursue any other right or remedy available to it. C. Right of Offset - 1GPA and its Members shall be entitled to offset against any sums due the Contractor, any expenses or costs incurred or damages assessed by 1GPA or its Members concerning the Contractor’s nonconforming performance or failure to perform the Contract, including expenses, costs and damages described in the Uniform General Terms and Conditions. 9. Contract Termination A. Cancellation for Conflict of Interest - Pursuant to A.R.S. 38-511 1GPA may cancel this Contract within three (3) years after Contract execution without penalty or further obligation if any person significantly involved in initiating, negotiating, securing, drafting, or creating the Contract on behalf of 1GPA is, or becomes at any time while the Contract or an extension the Contract is in effect, an employee of or a consultant to any other party to this Contract with respect to the subject matter of the Contract. The cancellation shall be effective when the Contractor receives written notice of the cancellation unless the notice specifies a later time. B. Gratuities - 1GPA may terminate this Contract if it is determined that gratuities were offered or given by the Contractor or a representative of the Contractor to any officer or employee of 1GPA for the purpose of influencing the outcome of the procurement or securing the Contract, an Amendment to the Contract, or favorable treatment concerning the Contract, including the making of any determination or decision about Contract performance. C. Suspension or Debarment - 1GPA may, by written notice to the Contractor, immediately terminate this Contract if 1GPA determines that the Contractor has been disbarred, suspended or otherwise lawfully prohibited from participating in any public procurement activity, including but not limited to, being disapproved as a Subcontractor of any public procurement unit or other governmental body. D. Termination for Convenience - 1GPA reserves the right to terminate the Contract, in whole or in part at any time, when in the best interests of its Members without penalty recourse. The Contractor shall be entitled to receive just and equitable compensation for work in progress, work completed, and materials accepted before the effective date of the termination. E. Cancellation for Non-Performance or Contractor Deficiency – 1GPA may terminate any contract if Members have not used the contract, or if purchase volume is determined to be “low volume” in any 12 -month period. 1GPA reserves the right UNIFORM TERMS AND CONDITIONS 1GPA 17-13PV Electrical and Lighting Products and Services Page 17 of 60 to cancel the whole or any part of this contract due to failure by contractor to carry out any obligation, term or condition of the contract. 1GPA may issue a written deficiency notice to contractor for acting or failing to act in any of the following: 1. Providing material that does not meet the specifications of the contract; 2. Providing work and/or material that was not awarded under the contract; 3. Failing to adequately perform the services set forth in the scope of work and specifications; 4. Failing to complete required work or furnish required materials/product within a reasonable amount of time; 5. Failing to make progress in performance of the contract and/or giving 1GPA reason to believe that the contractor will not or cannot perform the requirements of the contract; and or 6. Performing work or providing services under the contract prior to receiving a 1GPA reviewed purchase order for such work. Upon receipt of a written deficiency notice, contractor shall have ten (10) days to provide a satisfactory response to 1GPA. Failure to adequately address all issues of concern may result in contract cancellation. Upon cancellation under this paragraph, all goods, materials, work, documents, data and reports prepared by contractor under the contract shall become the property of the Member on demand. F. Contractor Cancellation: Contractor may cancel this contract at any time upon thirty (30) days prior written notice to 1GPA or on the yearly anniversary of the contract. Termination shall have no effect on projects in progress at the time the notic e of cancellation is received by 1GPA. G. Continuation of Performance through Termination - The Contractor shall continue to perform, in accordance with the requirements of the Contract, up to the date of termination, as directed in the termination notice. 10. Contract Claims and Dispute Resolution A. All Contract claims and controversies under this Contract shall be resolved according to Arizona Department of Education School District Procurement Code Rule A.A.C. R7-2-1155 through R7-2-1159. 11. Federal and State Requirement A. Compliance with Federal and State Requirements - Vendor shall comply with all applicable federal, state, and local laws, statutes, ordinances, standards, orders, rules, and regulations, including, as applicable, workers’ compensation laws, minimum and maximum salary and wage statutes and regulations, prompt payment and licensing laws and regulations. Vendor shall comply, when working on any federally assisted projects with the following: 1. The Contract Work hours and Safety Standards Act, (40 U.S.C. §3701 – 3708; 29 CFR Part 5) 2. Davis-Bacon Act, (40 U.S.C. §276a / 29 CFR Part 5) 3. Copland Anti-Kickback Act, (18 U.S.C. §874 / 29 CFR Part 5) 4. Equal Opportunity Employment requirements (Executive Order 11246 and 11375 / 41CFR Chapter 60) 5. McNamara-O’Hara Service Contract Act (41 U.S.C. 351), 6. Section 306 of the Clean Air Act (42 U.S.C. § 1857h, 7. Section 508 of the Clean Water Act (33 U.S.C. § 1368), 8. Executive Order 11738, Environmental Protection Agency regulations (40 CFR Part 15). 9. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR Part 200) 10. Education Department General Administrative Regulations, 2 C.F.R. Parts 200 and 3474, and 34 C.F.R. Parts 75- 77 and 81 (“EDGAR”), 11. Mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871) 12. All applicable requirements and regulations, including those related to reporting, patent rights, copyrights, data rights and those mandated by federal agencies making awards of federal funds to 1GPA members. B. Offshore Performance - Due to security and identity protection concerns, direct services under any subsequent contract shall be performed within the borders of the United States. Any services that are described in the specifications or scope o f work that directly serve the school district(s) or charter school(s) or its clients and may involve access to secure or sensitive data or personal client data or development or modification of software for the State shall be performed within the borders of the United States. Unless specifically stated otherwise in the specifications, this definition does not apply to indirect or "overhead" services, redundant back-up services or services that are incidental to the performance of the contract. This provision applies to work performed by subcontractors at all tiers. UNIFORM TERMS AND CONDITIONS 1GPA 17-13PV Electrical and Lighting Products and Services Page 18 of 60 C. Contractor's Employment Eligibility - By entering the contract, Contractor warrants compliance with ARS § 41-4401, ARS § 23-214, the Federal Immigration and Nationality Act (FINA), and all other federal immigration laws and regulations. 1GPA or Member may request verification of compliance from any Contractor or subcontractor performing work under this Contract. 1GPA or Member reserves the right to confirm compliance in accordance with the applicable laws. Should 1GPA or Member suspect or find that the Contractor or any of its subcontractors are not in compliance, 1GPA or Member may pursue any and all remedies allowed by law, including, but not limited to: suspension of work, termination of the Contract for default and suspension, and/or debarment of the Contractor. All costs necessary to verify compliance are the responsibility of the Contractor. D. Davis-Bacon – For Federally funded projects subject to the Davis-Bacon Act, the Member shall specify the applicable Davis- Bacon wage decision, prior to the contractor providing a firm price quotation for the proposed project. The wage decision shall be identified by the WD Number, modification number, and date of the wage decision. E. Fingerprint and Background Checks - In accordance with ARS § 15-512(H), a contractor, subcontractor or vendor, any employee of a contractor, subcontractor or vendor who is contracted to provide services on a regular basis at an individual school may be required to obtain a valid fingerprint clearance card pursuant to Title 41, Chapter 12, Article 3.1. An exception to this requirement may be made as authorized in governing board policy of the Member District. F. Terrorism Country Divestments - Per ARS § 35-392, 1GPA and its Members are prohibited from purchasing from a company that is in violation of the Export Administration Act. G. Registered Sex Offender Restrictions - For work to be performed at schools, contractor agrees that no employee or employee of a subcontractor who has been adjudicated to be a registered sex offender will perform work at any time when students are or are reasonably expected to be present. Contractor agrees that a violation of this condition shall be considered a material breach and may result in the cancellation of the purchase order at the Member’s discretion. Contractor must identify any additional costs associated with compliance of this term. If no costs are specified, compliance with this term will be provided at no additional charge. H. Affordable Care Act - Vendor understands and agrees that it shall be solely responsible for compliance with the Patient Protection and Affordable Care Act, Public Law 111-148 and the Health Care Education Reconciliation Act, Public Law 111- 152 (collectively the Affordable Care Act “ACA”). Contractor shall bear sole responsibility for providing health care benefi ts for its employees who provide services to the District as required by state or federal law. I. Boycott of Israel – Arizona public entities and other states as applicable, the member may not enter into a contract with a company that is currently engaged in, and agrees for the duration of the contract to not engage in, a boycott of Israel. J. EDGAR – When a 1GPA Member seeks to procure goods and services using funds under a federal grant or contract, specific federal laws, regulations, and requirements may apply in addition to those under state law. This includes, the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. 200 (EDGAR). All Vendors submitting bids must complete the EDGAR Vendor Certification Form contained within this document. K. Texas House Bill 1295 Certificate of Interested Parties – For contract entered into or after January 1, 2016, Texas Government Code Chapter 2252.908 (H.B. 1295) states that a Texas governmental entity or state agency may not enter into a contract unless the business entity submits a disclosure of interested parties to the governmental entity or state. The law applies only to a contract that either (1) requires an action or vote by the governing body or (2) has a value of at least $1 million. Information from the Commission regarding the requirements, including rules and filing information, are available at the following links: https://www.ethics.state.tx.us/tec/1295-info.htm https://www.ethics.state.tx.us/whatsnew/faq_form1295.html https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm It is the responsibility of vendors to determine the applicability of, and comply with, all disclosure laws of House Bill 129 5. SPECIAL TERMS AND CONDITIONS 1GPA 17-13PV Electrical and Lighting Products and Services Page 19 of 60 1. TERM OF CONTRACT: It is 1GPA’s intent to award a multi-term contract. The initial term of the resultant contract shall start on date of contract award and shall continue for a period of one (1) year thereafter, unless terminated, cancelled or extended as otherwise provid ed herein. 2. CONTRACT EXTENSION: 1GPA reserves the right to unilaterally extend the period of any resultant contract month to month beyond the stated expiration date if that is determined to be in the best interests of Members . In addition, by mutual written agreement, any resultant contract may be extended for a supplemental period up to a maximum of forty-eight (48) months in twelve (12) month increments. 3. RENEWAL OF CONTRACT: Conditions for renewal of the contract shall include, but are not limited to: contract usage, satisfactory performance of services during the preceding contract term, ability to continue to provide satisfactory services, continued adherence to the contract requirements, and continued competitive prices for the materials and services provided under the contract. 4. CONTRACT TYPE: The term contract shall be a percent discount off manufacturer’s price list or catalog, or fixed price, or a combination of both with indefinite quantities. 5. FORM OF CONTRACT: The form of contract for this solicitation shall be the Invitation for Bid, and the awarded Bid(s), and properly issued purchase orders incorporating each member’s specific policies and P.O. terms and conditions referencing the requirements of the Invitation for Bid. If a firm submitting a Bid requires 1GPA and/or Member to sign an additional agreement, a copy of the proposed agreement must be included with the Bid. 6. VENDOR CONTRACT DOCUMENTS: 1GPA will review proposed vendor contract documents. Vendor’s contract document shall not become part 1GPA’s contract with vendor unless and until an authorized representative of 1GPA reviews and approves it. 7. BID ACCEPTANCE PERIOD: In order to allow for an adequate evaluation, the District requires a Bid in response to this solicitation to be valid and irrevocable for ninety (90) days after the opening time and date. 8. BID OPENING: Bids shall be opened on the date and time, and at the place designated on the cover page of this document, unless amended in writing by 1GPA. The name of each Bidder and the pricing submitted will be read at this time. All Bids and any modifications and other information received in response to the Invitation for Bid shall be shown only to authorized 1GPA personnel having a legitimate interest in the evaluation. After contract award, the Bids and evaluation document shall be open for public inspection. 9. TIME STAMP: Bids will be time stamped when received. They will be accepted up to but no later than the time indicated in the Invitation for Bid (IFB). Bids received after the time stated in the IFB will not be considered and will remain unopened. Bidder assumes the risk of any dela y in the U.S. Mail. Whether sent by mail or by means of personal delivery, the Bidder assumes responsibility for having his Bid deposited on time at the place specified. 10. AWARD: Contract(s) shall be awarded to the lowest responsible and responsive Bidder(s) whose Bid(s) conforms in all material respects to the requirements and evaluation criteria set forth in the Invitation for Bids. No criteria may be used in bid evaluation that is not set forth in the Invitation for Bids. The amount of any applicable transaction privilege or use tax of a political subdivision of the state of Arizona is not a factor in determining the lowest Bidder. 11. MULTIPLE AWARDS: This is NOT an “All or Nothing” bid. 1GPA has a large number and variety of potential using districts and agencies eligible to participate in the resultant contract. In order to assure that any ensuing contracts will allow 1GPA to fulfill current and future requirements; 1GPA reserves the right to award contracts to multiple SPECIAL TERMS AND CONDITIONS 1GPA 17-13PV Electrical and Lighting Products and Services Page 20 of 60 vendors. Such decision will be based upon consideration of the complex scope of work and bidder(s)’ ability to fulfill the needs of members in its entirety. Contractor’s ability to provide for a large diverse Membership and geographic areas served will be considered when determining the need for a multiple award. The actual use of any contract will be at the sole discretion of 1GPA members. Contracts may be awarded by individual line item, groups of line items, incrementally, by region, or by location. The awards will be limited to the least number of bidders that 1GPA determines is necessary to meet the needs of the participating members. Offeror should consider that 1GPA may award multiple contracts in preparing their response. The decision to award multiple contracts, only one contract, or to make no awards rests solely with 1GPA. 12. ADMINISTRATION FEE: 1GPA’s .00995 (0.995%) administration fee shall be included in Bidder’s net price. Contractor shall not add the administration fee to approved contract prices. 1GPA will invoice the Vendor on a monthly basis for the administrative participation fee. The invoice will be based on total sales made through the 1GPA contract with the Vendor. Invoices will be issued at the time a Purchase Order is received by 1GPA. Invoices are due and payable upon receipt. 13. PRICING: Contract pricing must be based upon: 1) Fixed discount(s) off published price list(s) or catalog(s) 2) Firm fixed price 3) A combination of the above 14. DISCOUNTS: Discount Bids must clearly identify percent of discount to apply to contract. If multiple discounts apply, Bidder shall clearly indicate the discounts and applicable materials or services. There will be no reduction discount(s) during the term of contract. 15. PRICING: 1GPA is requesting a Percent Discount off MSRP or Price Lists to successfully obtain a full line of products and services. Current catalog or price lists, at the time of the Bid, shall be valid for one year from contract effective date unless specifically stated in the bid response. The manufacturer’s price list and catalog must be a formally published list for general distribution. The discount percentage shall remain firm for the term of the contract and shall be provided on the price sheet(s) where indicated for each of the manufacturers listed. 16. PRICE ADJUSTMENT FOR DISCOUNT PRICING: Revised Published Price Lists may be used as a means of price adjustment. Revised pricing(s) will not become effective until revised lists(s) are submitted under cover letter identifying the applicable IFB and Contract Agreement number. Vendor cover letter and pricing lists(s) must be dated, signed and submitted to the cognizant buyer, 1910 W. Washington Street, Phoenix, AZ 85009. Contractor must hold the price list(s) firm for the first 12 months of the contract and may request to increase the List Price on an annual basis. 17. PRICE ADJUSTMENT FOR FIXED PRICING: 1GPA may review a fully documented request for a price increase only after the contract has been in effect for one (1) year. A price increase a djustment shall only be considered at the time of a contract extension and shall be a factor in the extension review process. 1GPA shall determine whether the requested price increase or an alternate option is in the best interest of the Members. Price increases, if any, shall not exceed the Federal CPI. 18. PRICE REDUCTION: A price reduction adjustment may be offered at any time during the term of a contract and shall become effective upon notice. 19. PRODUCT DISCONTINUANCE: 1GPA may award a contract for a particular manufacturer and/or models of equipment as a result of this solicitation. In the event that the manufacturer discontinues the product or model, SPECIAL TERMS AND CONDITIONS 1GPA 17-13PV Electrical and Lighting Products and Services Page 21 of 60 1GPA at its sole discretion may allow the Bidder to provide a substitute for the discontinued item. The Bidder shall request permission to substitute a new product or model and provide the following: A. A formal announcement from the manufacturer that the product or model has been discontinued. B. Documentation from the manufacturer that names the replacement product or model. C. Documentation that provides clear and convincing evidence that the replacement meets or exceeds all specifications required and remains within the same category defined by the original solicitation. D. Documentation that provides clear and convincing evidence that the replacement will be compatible with all the functions or uses of the discontinued product or model. E. Documentation confirming that the price for the replacement is the same as or less than the discontinued product or model. F. As applicable, if a sample is requested, notification will be given whether the sample is acceptable, or is rejected, a reason shall be given. 20. QUANTITIES: 1GPA estimates considerable activity resulting from this award. Based on historical data from previous contracts as well as member surveys, 1GPA estimates usage of this contract to $5 Million annually. Paradise Valley Unified School District estimates an annual volume of $1 - $2 million annually under the awarded contract. 1GPA makes no guarantee or commitment of any kind concerning quantities that will actually be purchased and/or usage of contract(s) from cooperative members. 21. SHIPPING TERMS: Prices shall be F.O.B. Destination to Member’s location. Contractor shall retain title and control of all goods until they are delivered and the contract of coverage has been completed. All risk of transportation and all related charges shall be the responsibility of the contractor. All claims for visible or concealed damage shall be filed by the contractor. 1GPA Members will notify the contractor promptly of any damaged goods and shall assist the contractor in arranging for inspection. 22. DELIVERY: Contractor shall deliver conforming materials in each installment under this contract and may not substitute nonconforming materials. 1GPA reserves the right to declare a breach of contract if contractor delivers nonconforming materials to any Member under this contract. 23. INSTALLATION: The Bidder shall protect all furnishings from damage and shall protect the Member's property from damage or loss arising in connection with this contract. He shall make good any such damage, injury or loss caused by his operations, or those of his employees, to the satisfaction of the Member. The Bidder shall confine his equipment, storage of materials and the operation of his workmen to the limits as indicated by the Unit Foreman in the area in which the work is being performed. Any damage caused to Member’s facilities, lawns, etc., shall be repaired immediately or replaced at no expense to the District. The successful Bidder shall take all necessary precautions for the safety of students, employees and the public, and shall comply with all applicable provisions of Federal, State and Municipal Safety Laws. He agrees that he is fully responsible to the Member for the acts and omissions of any and all persons whether directly or indirectly employed by him. He shall maintain such insurance as will protect him and the Member from claims or damage for personal injury, including death, which may arise from operations under this contract. 24. BRAND NAMES: Any manufacturer’s names, trade names, brand names or catalog numbers used in the specifications are for the purpose of describing and/or establishing the quality, design and performance required. Any such reference is not intended to limit or restrict a Bid by any vendor but is only enumerated in order to advise potential Bidder of the requirements of 1GPA. Any Bid which proposes like quality, design or performance will be considered. SPECIAL TERMS AND CONDITIONS 1GPA 17-13PV Electrical and Lighting Products and Services Page 22 of 60 25. NEW EQUIPMENT: All equipment supplied pursuant to this specification shall be new, unused, and the most current model available at time of order. 26. SAFETY STANDARDS: All items supplied on this contract must comply with the current applicable occupational safety and health standards of the State of Arizona Industrial Commission, the National Electric Code, and the National Fire Protection Association Standards. 27. RESPONSIBILITY OF BIDDERS: 1GPA will consider the following factors in determining if a Bidder is responsible: A. The proposed contractor’s financial, material, personal and other resources, including subcontractors. B. The proposed contractor’s record of performance and integrity. C. Whether the proposed contractor is qualified legally to contract with the public entity. D. Whether the proposed contractor supplied all necessary information concerning its responsibility. E. Complaints on file with the Registrar of Contractors. F. Prior litigation history. 28. LICENSES: Contractor shall maintain in current status all federal, state and local licenses and permits required by the operation of the business conducted by the contractor. 29. CONTRACTOR LICENSE LAW: Contractor shall comply with State and City Contractors License Law, be duly registered and licensed thereunder. Attach photocopy of License to Propose form. 30. FEES AND PERMITS: All required fees and permits must be included in the total price as a pass through cost (no markup) when pricing is submitted to 1GPA member for each project. 31. PERMITS: Upon request of the member, Contractor will be responsible for obtaining any and all permits required to perform this installation. The installation shall be in complete compliance with City Building and Fire Codes. 32. INSPECTION: The job will have a final inspection and acceptance by 1GPA Member staff. Any discrepancies noted during the inspection will be corrected prior to final payment. Field inspections will be performed by Member upon completion of the Project. 33. DAMAGES: The successful contractor shall be liable for any and all damage caused by him or his employees to the 1GPA Member premises. The Bidder shall hold and save 1GPA and Member free and harmless from liability of any nature or kind arising from any use, trespass, or damage occasioned by his operations on premises or third persons. 34. CLEAN UP: The Contractor, at all times, shall keep the premises free from accumulation of waste materials or rubbish caused by construction operations. Upon completion of the work, remove all waste materials and rubbish from and about the Project, as well as tools, construction equipment, machinery and surplus materials. If the Contractor fails to clean up the work, the 1GPA Member may do so and the cost thereof shall be charged to the Contractor. Remove all surplus materials and debris of every nature resulting from operations, and put site in a neat, orderly condition. 35. WARRANTY: All workmanship and materials shall be warranted for a minimum of two (2) years from date of acceptance of project. This will be submitted in written form to the 1GPA Member at completion of Project. All items Bid shall be covered by the manufacturer’s standard warranty. SPECIAL TERMS AND CONDITIONS 1GPA 17-13PV Electrical and Lighting Products and Services Page 23 of 60 36. BILLINGS: All billing notices shall identify the specific item(s) being billed. Item (s) are to be identified by name, model/serial number as most applicable. Any purchase/delivery order issued will refer to the contract number resulting from this solicitation. 37. INSURANCE: Bidder agrees to maintain such insurance as will fully protect Bidder, 1GPA and its Member from any and all claims under any workers’ compensation statute or unemployment compensation laws, and from any and all other claims of any kind or nature for damage to property or personal injury, including death, made by anyon e, that may arise from work or other activities carried on, under, or facilitated by this Agreement, either by Bidder, its employees, or by anyone directly or indirectly engaged or employed by Bidder. Bidder agrees to maintain such automobile liability insurance as will fully protect Bidder, 1GPA and its Member for bodily injury and property damage claims arising out of the ownership, maintenance or use of owned, hired or non -owned vehicles used by Bidder or its employees, while providing services to 1GPA Members. Successful Bidder will be required to provide proof of and maintain comprehensive general liability insurance with a limit of not less than $1,000,000 per occurrence and $2,000,000 aggregate coverage. Before any orders are processed under an awarded contract, awarded vendor shall provide a certificate that names 1GPA as the certificate holder. In addition, awarded vendor shall be willing to provide, upon request, identical certificate of insurance to any Member using this contract. Successful Bidder will be required to submit proof of and maintain Worker’s Compensation and Employer’s Liability Insurance as required by law. 38. KEY PERSONNEL: It is essential that the contractor provide adequate experienced personnel, capable of and devoted to the successful accomplishment of work to be performed under this contract. The contractor must agree to assign specific individuals to the key positions. A. The contractor agrees that, once assigned to work under this contract, key personnel shall not be removed or replaced without written notice to 1GPA or Member. B. If key personnel are not available for work under this contract for a continuous period exceeding 30 calendar days or are expected to devote substantially less effort to the work than initially anticipated, the contractor shall immediately notify 1GPA or Member and shall, subject to the concurrence of the District, replace such personnel with personnel of substantially equal ability and qualifications. 39. EMPLOYEE IDENTIFICATION: All employees must check in at the front office of each Member site. The employee must have an identification badge at all times in clear view, with picture ID and name of firm. In addition, the employee shirt must have the company name on it. Failure to have any of these items will result with the employee being escorted off property. 40. BID SECURITY: School procurement rules require that all competitive sealed procurement for construction have bid security, if the amount of construction contract will exceed the amount established by R7 -2-1002(A). Bid security as a percentage of the bid amount is unacceptable, as this is a term contract with no specific bid amount. Bidders shall include acceptable bid security in the amount of $100,000 with submission of their Bid. Acceptable bid security for this solicitation will be a certified or cashier’s check, or an annual or one time bid bond underwritten by a surety company licensed to issue bid bonds in the appropriate state construction with take place, with the principal being the prime contractor and 1GPA being the Member of Record. SPECIAL TERMS AND CONDITIONS 1GPA 17-13PV Electrical and Lighting Products and Services Page 24 of 60 41. PERFORMANCE AND PAYMENT BONDS: Performance and Payment Bonds between the 1GPA member and the prime contractor shall be executed on forms substantially equivalent to the forms provided at the end of this solicitation document. Upon execution of a contract between 1GPA member and prime contractor, performance and payment bonds shall be provided to the member as required in R7-2-1103 as applicable. The prime contractor agrees to notify the 1GPA member in writing of this requirement before accepting any work orders. If the prime contractor fails to deliver any required performance or payment bonds, the contract with 1GPA may be terminated. The contractor may be asked to supply copies of performance and payment bonds to 1GPA for administrative purposes. Performance Bond - The contractor shall be required to furnish an irrevocable security in the amount of 100% of the total contract price payable to the 1GPA Member, binding the contractor to provide faithful performance of the contract. Payment Bond - The contractor shall be required to furnish non-revocable security for the protection of all persons supplying labor and material to the contractor or any subcontractor for the performance of any work related to the contract. Payment security shall be in the amount of 100% of the total contract price and be payable to the 1GPA Member. 42. MEMBER DELAYS: As required by R7-2-1087(D), the contractor will negotiate with 1GPA Member for the recovery of damages related to expenses incurred by the contractor for a delay for which the 1GPA Member is responsible, that is unreasonable under the circumstances and that was not within the contemplation of the parties to the contract. This negotiation shall not be construed to void any provision in the contract that requires notice of delays, prov ides for arbitration or any other procedure for settlement or provides for liquidated damages. 43. PROGRESS PAYMENTS: R7-2-1105 allows for progress payments to the contractor of construction if the contractor agrees to adhere to ARS 41-2577 (B) (D) (F). All progress payments must be invoiced to the 1GPA member. It is the responsibility of the 1GPA member to review and approve any estimates of work completed. Payment shall be made within 14 days after the estimate of the work is certified and approve, except that a percentage of all estimates shall be retained as provided in R7-2-1104. If the 1GPA member issues a written statement to the Bidder that the estimate of work is not approved and certified, the 1GPA member may withhold an amount from the progress pa yment that the 1GPA member reasonably expects to incur in correcting the deficiency set forth in the written finding, as permitted in R7-2-1105 (A). In such cases, the Bidder agrees to hold 1GPA harmless for any deficiency payment. Progress payments may be made to the prime contractor on the basis of a duly certified and approved estimate of work performed during the preceding month. The prime contractor must agree to pay any subcontractors or material suppliers within seven (7) days of their receipt of the progress payment, unless otherwise agreed on in writing between the parties involved. Once all bonds are in place, the prime contractor and the 1GPA member will agree upon a schedule of payments based on identifiable milestones. If any payment to the contractor is delayed after the date due, interest shall be paid at the rate of one percent per month, or a fraction of a month, on such unpaid balance as may be due. Any late charges will be the responsibility of the 1GPA Member. Acceptance of final payment is a waiver of all claims except unsettled claims previously made in writing. 44. RETENTION: Ten (10) percent of all contract payments shall be retained by the 1GPA member as insurance of proper performance of the contractor. Contractor agrees to identify the amount to be retained on invoices to 1GPA member for each progress payment. SPECIAL TERMS AND CONDITIONS 1GPA 17-13PV Electrical and Lighting Products and Services Page 25 of 60 When the contract is fifty (50) percent completed, on half of the amount retained shall be paid to the contractor upon the contractor’s requests provided the contractor is making satisfactory progress on the contract and there is no specific cause or claim requiring a greater amount to be retained. After the contract is fifty (50) percent completed, no more than five percent of the amount of any subsequent progress payments shall be retained providing the contractor is making satisfactory progress on the project, except if at any time the governing board of the member determines satisfactory progress is not being made, at which point ten percent retention shall be reinstated. Retention applies only to amounts payable for construction and does not apply to amounts payable for design services, preconstruction services, finance services, maintenance services, or any other related services included in the contract. If the 1GPA member and the contractor agree to a substitute security, the agreement must be in full compliance with R7-2-1104 (D) (E) (F) (G). If a substitute security is agreed to, the prime contractor must provide 1GPA member with a signed and acknowledged waiver of any right or power of the obligor to set off any claim against 1GPA member. 45. QUESTIONS: Questions and/or clarifications concerning this IFB will be accepted in writing through April 4, 2017 at 5:00 p.m. Arizona Time. Written responses to all written inquiries will be provided and distributed to all recipients of this IFB. Responses and addenda to this IFB, if necessary, are scheduled to be issued by April 7, 2017 by 5:00 p.m. Arizona Time. Questions and/or clarifications concerning this IFB shall be directed to: Jennifer Muñoz Director of Procurement and Compliance jmunoz@1gpa.org Fax 602-663-9515 Phone 480-579-9497 46. REFERENCES: For complete information on references and definitions used for specifications in the solicitation please visit websites below: ASTM International (ASTM): www.atsm.org American National Standards Institute (ANSI): www.ansi.org Arizona Registrar of Contractors (ROC): www.azroc.gov/l_class.html Building Industry Consulting Services International (BICSI): www.bicsi.org Code of Federal Regulations (CFR): www.gpoaccess.gov/cfr/index.html CSA International (CSA): www.csa-international.org Federal Communications Commission (FCC): wireless.fcc.gov International Organization for Standardization (ISO): www.iso.org National Electric Code (NEC): www.necconnect.org National Electrical Installation Standards (NECA/IESNA): www.neca-neis.org National Fire Protection Association (NFPA): www.nfpa.org Occupational Safety and Health Administration (OSHA): www.osha.gov The National Electrical Manufacturers Association (NEMA): www.nema.org Underwriters Laboratories (UL): www.ul.com U.S. Energy Information Administration (EIA): www.eia.gov SCOPE OF WORK 1GPA 17-13PV Electrical and Lighting Products and Services Page 26 of 60 1) PURPOSE The purpose of this Invitation for Bid (IFB) is to establish a contract with responsive/responsible contractor(s) that provide Electrical and Lighting Products and Services to be utilized by the Lead Agency and Members of 1GPA Cooperative on an as-needed basis. 1GPA reserves the right to award in whole or in part, by item or group of items, by section or geographic area, or make multiple awards, where such action serves the best interest of the Members of 1GPA. 2) BACKGROUND Currently 1GPA has one contract for Electrical Products and Services (awarded to 6 firms). The contract resulting from this solicitation will replace the existing contract and will broaden the scope of services to include High Voltage and Low Voltage Electrical Services. This contract will replace the following contract: #C13-27 – Electrical Products and Services 3) SCOPE OF WORK In General, the scope of work for electrical services may include but not be limited to installation, repairs, upgrades, routine maintenance to include supervision, labor, equipment, materials, tools and transportation to complete all work. The scope of work will be divided into two major categories: 1) High Voltage Electrical Services and 2) Low Voltage Electrical Services. This is NOT an “All Or Nothing” bid. Bidders are encouraged to submit bids on single or multiple categories. A. High Voltage Electrical Services: Defined as electrical services above 1000 Volts. Contractors bidding on this service must have the ability to work on overhead/underground wires, substations, transformers, and related equipment while energized. The following high voltage repairs and services are listed as minimum, but not limited to: a. Group 1**: Transformers, Addition and/or removal of oil, Perform double test, Turn To Ratio test (TTR), Oil analysis/testing, Hypot testing, Mega-ohm testing, On-site gasket fabrication, Relay and Circuit Breaker testing, Switchgear repair/replacement/testing, Substations, maintenance and repair b. Group 2**: Underground and overhead cables repair and maintenance, Pole testing, Hardware and ground wire tightening, Pole and hardware change-out, Transition inspection and repairs (i.e., arrestors, cutouts, fuses, jumpers, and connectors), Down guy/anchor repair and replacement, switching and grounding, Utility notification and coordination as necessary, Manhole entry, cleaning, repair, and manhole (underground) cable work, Distribution panels, repair, inspection, cleaning, and testing. c. ** It is understood some of the services listed above cannot be performed by all high voltage service contractors, and therefore shall be subcontracted to a contractor specializing in that field. B. Low Voltage Electrical Services: Defined as below 1000 Volts. a. Types of Service Work: Air switches, Wire/cable replacement, transformers, switchgear and switchboard assemblies, distribution panels, circuit breakers, grounding systems, panel boards, disconnects, motor control centers, relay cabinets, variable speed drives (VFD), emergency and normal electrical power systems, lighting and lighting control systems, Lighting Retrofits, LED solutions, daylight harvesting, sports and controls systems , and other associated electrical equipment. SCOPE OF WORK 1GPA 17-13PV Electrical and Lighting Products and Services Page 27 of 60 4) TECHNICAL REQUIREMENTS A. Each contractor assigned to this contract shall have the licenses, tools, equipment, materials, and technical ability to perform such services. B. The Contractor shall provide all labor, supervision, transportation, equipment (including testing and all personal protection equipment), tools, and all effort necessary to make the required electrical systems repairs/retrofits, complete and operational. Machinery/equipment that will be considered as additional cost and used indirectly to the electrical industry for the performance of normal electrical services, such as, but not limited to: Backhoes, Jackhammers, Concrete cutters, Excavators, Chain hoists, Man lifts (scissor lifts, fork lifts, boom lifts, bucket trucks, etc.) These items (and other approved equipment), if rented from a rental contractor, will be allowed the rental charge plus an administrative mark- up cost per the contract awarded percentage of cost. If owned, the equipment shall be charged per the bid rate in the pricing section. C. Contractor will be responsible to source all electrical parts/components/fixtures and equipment necessary in the repair or new installation of electrical and distribution systems. Exceptions may be, if in the best interest of the Member, to utilize its own electrical commodity contract to source said supplies. D. Replacement parts/fixtures shall be OEM and warranted for two (2) years, unless longer warranties are available from manufacturers. All parts and electrical equipment provided by Contractor shall be new, except as otherwise stated on the drawings. All parts and electrical equipment shall be UL listed when such standards exist for the type of equipment. All electrical equipment and materials shall be furnished by the Contractor and shall be commercial quality and grade, and be from a warrantied product line. E. All electrical work shall comply with the requirements of the applicable edition of the National Electric Code and State/Local building codes. F. All lighting and lighting system devices shall be manufactured, tested, and/or approved under the current applicable codes and standards for: ANSI, ASTM, BICSI, CSA, EIA, FCC, ISO, NEC, NEMA, and UL. G. Contractor shall comply, as applicable, when a participating member may require NETA or NICET certified technicians when performing work on electrical systems. H. All work performed by the Contractor shall be subject to inspection and approval by the requesting Member. I. Specifications for the work to be performed by contractor and approved by the Member shall be adhered to. Contractor may recommend alternate specifications or additional specification for work, however, any alternate specification shall comply with all applicable rules, regulations, statutes, ordinances, codes, and standards. Contractor shall obtain approval from member prior to using any alternate specifications for any work to be performed under the contract. J. Prior to starting any work, contractor shall notify member of any specification that is in conflict with applicable rules, regulations, statutes, ordinances, codes, and standards, and offer an alternate solution that is in compliance with said rules. K. When any aspect of a project is not covered by a specification, building code, or standard, the minimum standard for good and workmanlike construction shall be established usage, procedures and acceptable industry standards. SCOPE OF WORK 1GPA 17-13PV Electrical and Lighting Products and Services Page 28 of 60 L. No products that contain asbestos fibers shall be used. M. All work shall be accomplished in a manner to match adjacent existing work in the same area or on same elevation where practicable. Contractor will not make adjustments to or alter in any manner member’s existing facilities without prior approval from member. N. Upon request from Member, contractor shall obtain permits required for a job. Member shall reimburse contractor for actual cost of such permits. No amount for overhead and profit will be allowed for permits. O. Prior to final acceptance of project completion, the contractor shall provide the member a complete set of “as -built” system drawings and copies of operational manuals for all installed products and/or equipment. P. Safety: Contractor shall be responsible for initiating, maintaining, and supervising all safety programs in connection with this work. Contractor shall take all necessary precautions for the safety of, and shall provide all necessary protection to prevent damage, injury, or loss to the following: 1) All employees on the worksite and all other persons who may be affected thereby. 2) All the work, materials, and equipment to be incorporated therein. 3) Other properties at the site of, adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, and utilities not designated for removal, relocation, or replacement in the course of construction. 4) Contractor must keep an acceptable E-Mod Rate determined by the 1GPA Member if requested. Q. Removal and Disposal: Contractor shall remove from the worksite and dispose of removed lighting fixtures, ballasts, and lamps as soon as possible in accordance with current applicable federal, state and local codes. a. Polychlorinated Byphenosis (PCB): Ballasts containing PCB shall be disposed of per current federal, state, and local codes. Member’s representative shall be notified immediately of any PCB that has leaked out from the ballast. b. Contaminated Transformer Oils: Contractor shall follow all EPA regulations and ordinances regarding the disposal of contaminated oils from transformers. R. Solar Installation and Maintenance: General requirements include the following: a. Contractor shall separate photovoltaic (PV) source circuits and PV output circuits in the same raceway, cable tray, cable outlet box, junction box, or similar fitter as conductors, feeders, or branch circuits of the other non- PV systems. Contractor shall use correct means for identification of conductors, circuits, etc. at all points of termination, connection and splices. Connections to a module panel shall be arranged so that a potential removal does not interrupt a grounded conductor to other PV source circuits. Expansion joints should be utilized as necessary. b. Contractor shall provide a detailed commissioning documentation to conclude installation. S. Energy Efficient Lighting Installations, Products and Services: General requirements include the following: SCOPE OF WORK 1GPA 17-13PV Electrical and Lighting Products and Services Page 29 of 60 a. New installations shall include, but not be limited to: interior and exterior facility lighting; walkway lighting; parking lot lighting (including poles); street lighting (including poles); gymnasium lighting; indoor pool lighting; emergency lighting; auditorium lighting; stage lighting, traffic signals, airport applications, exterior athletic and sports field lighting and any other lighting applicable to the nature of public sector agencies which are members of 1GPA. b. Energy efficient lighting installations, products, service, and repairs are requested for all lighting systems as listed herein. c. Consulting services may include design; lighting and energy assessment; energy audit for lighting, and an evaluation of existing indoor and outdoor lighting systems. Consulting shall provide a solution to an energy saving solution or retrofit to reduce the overall consumption of energy for lighting systems. Contract vendor shall provide the information necessary for the member to properly assess the level of quality, construction components, compliance with applicable current state statutes, and/or the overall performance of the solution offered. d. Contractor shall, upon request, submit manufacturer’s product information sheets for the energy efficient lighting system and/or products to the member for approval before work begins. The manufacturer’s product information sheet shall include model numbers, type, rating, size, style, and manufacturer’s name. e. Contractor shall provide energy efficient lighting system and materials that comply with current and applicable federal, state, local rebate programs for energy efficient lighting upon member’s request. f. Federal, state, and/or locally funded projects through grants, utility rebates, etc., shall comply with all requirements under the agreement to meet funding eligibility for the products and services. Contract vendor shall provide member the necessary documentation, such as lighting specifications, energy audit performed, etc. upon request. g. Lamps shall comply as applicable with current Energy Independence and Security Act of 2007 (EISA) and current federal, state, and local codes if superseded. Contract vendor shall be responsible for monitoring and compliance with future regulations, codes, and laws. h. Except for lamps and ballasts, the contract vendor and the lighting system manufacturer(s) guarantee the usability of the lighting system installed is appropriate for the site conditions that exist and for the intended uses as identified in the project’s scope of work for a minimum five (5) year period. Warranty shall commence on the date of final acceptance by the member’s authorized representative. The warranty coverage shall not be limited to amount of usage. i. Delamping services may be offered and shall not void any existing lighting fixture manufactures’ warranties as applicable. j. If requested by member, the contract vendor shall provide comprehensive training on the operation, use and testing of the installed products and/or equipment to personnel selected by the member. Any additional charges for training shall be included in the bid cost form. k. The lighting system shall be accepted in writing only after a satisfactory test of the entire installed system, lighting components, and/or energy efficient lighting solutions in the presence of mem ber’s authorized representative. T. Retrofit/Repair of Existing Fixtures, Lamps, and Ballasts: General requirements include the following: SCOPE OF WORK 1GPA 17-13PV Electrical and Lighting Products and Services Page 30 of 60 a. Contractor shall offer lines of replacement fluorescent lamps that contain low-level mercury content, LED alternate lighting solutions of the latest design, or other current alternate energy saving fixture and lighting replacements. b. Compact fluorescent lamps (CFL) and LED’s shall be available as an alternative for replacement of current lighting. CFL’s shall be UL listed and have a minimum rated average life of 10,000 hours. LEDs shall have a minimum 2-year driver and/or cooling fan and lamp warranty. c. Contract vendor shall provide the member with mounting hardware, and any other components required for energy efficient lighting installations performed by the member. Contract vendor shall also provide any manufacturers’ requirements and/or recommendations for the installation and/or retrofit applications. d. Electronic ballasts shall be physically interchangeable with standard magnetic core and coil ballasts. U. Emergency and Exit Lighting: General requirements include the following: a. Emergency and exit lighting installations, retrofits, and/or repairs shall comply with current applicable CFR, NEC, NFPA, and OSHA requirements. Contractor shall notify member’s authorized representative when existing lighting does not conform to those requirements and requires upgrades per federal, state, or local codes. b. All fluorescent emergency ballasts shall meet or exceed all current NEC and NFPA requirements for emergency operations. c. All replacement, repair or retrofit of fixtures, lamps, ballasts or batteries shall meet current applicable federal, state and local codes and CFR, NEC, NFPA, and OSHA requirements for emergency and exit lighting. V. Lighting Controls: General requirements include the following: a. Lighting controls shall include, but not be limited to: occupancy, temperature, remote, automatic, dusk-to-dawn, time, astronomical, etc. b. Contractor may provide control systems and solutions that allow member to add future expansion and/or functions. c. Lighting control systems shall not interfere, disable, disengage, or conflict in any manner with member’s current facility security, burglar, fire (alarm, suppression, and control), or any other integrated system. Contractor shall not conjoin into these systems in any manner without written approval from the Member and the presence of an authorized representative’s technician for these systems during the installation and/or system initiation. Failure to comply with this requirement in any manner may be grounds for immediate cancellation of an awarded contract. d. Lighting control systems and solutions shall include member training for operation and addition of future expansion and/or functions as applicable. 5) SCHEDULING REQUIREMENTS A. The Contractor shall have the ability to create and manage numerous individual accounts for order placement, billing, and reporting purposes. SCOPE OF WORK 1GPA 17-13PV Electrical and Lighting Products and Services Page 31 of 60 B. Contractor shall coordinate all repair/installation schedules with the Member’s point of contact before beginning work. All electrical connections requiring a power outage shall be made during an approved time limit, and must be coordinated by the Member’s point of contact. C. The Contractor shall be prepared with well-maintained equipment inventory/materials and satisfactory transportation for delivery at the work site to meet the customer demand and delivery requirements. D. Services shall be made available to 365 days per year. E. Labor rates bid shall include all direct labor and burden, equipment, small tools, common expendables. Labor rates shall be divided into the following categories: a. Regular Service: work performed between 6:00 AM to 6:00 PM, Monday through Friday, excluding holidays. b. After Hours: work performed after 6:00 PM and before 6:00 AM the next morning. c. Weekends & Holidays: work performed Saturday, Sunday, or during a holiday. d. Due to the nature of public sector agencies and Members of 1GPA, response time for a requested service shall be four (4) hours (on-site) after Contractor receives request from the Member for REGULAR SERVICE, and four (4) hour response on-site for calls AFTER HOURS. There shall also be a two (2) hour on-site response for any call during REGULAR or AFTER HOURS, if requested as an EMERGENCY. e. Deviations and Exceptions to the hours listed above must be disclosed in bidder’s response if bidder is unable to meet the requirements of the contract. Deviations and Exceptions may be cause for a bidder to be considered non responsive and/or rejection of the bid. 6) ORDERING AND JOB COMPLETION PROCESS A. The following is a listing of the requirements the ensuing contractor(s) must comply with when completing project work for any eligible user member under this contract: a. Request for Service: The 1GPA Member will notify the contractor of the need for electrical services. Request for quote/estimate for the provision/installation of a specific scope of work will be issued by the Member. b. Site Visit: Dependent upon the complexity/nature of the project, a predetermined and/or pre-identified site visit may be held by the Member to ensure the contractor(s) are aware of important issues regarding the project to ensure accurate cost estimates. c. Project Quotations: After a site review of the project, contractor shall submit the project quote to the Member within the specified time frame. The submitted project price quote is to be all-inclusive. That is, any cost overruns to be absorbed by the Contractor, or cost savings to be additional profit. Exceptions to this are changes requested by the Member that incur higher project cost and longer delays. All change orders to a project must be in writing, referencing the contract number and approved by the Member prior to authorization to proceed. The Contractor who fails to acquire change orders in writing runs the risk of incurring these additional costs without payment. d. Purchase Order: Based on Contractor’s quotation, if acceptable in accordance with contract terms and conditions, a purchase order will be issued by the requesting Member. SCOPE OF WORK 1GPA 17-13PV Electrical and Lighting Products and Services Page 32 of 60 e. Delivery and Installation: Contractor will notify the Member when material has been received and provide a proposed project completion date. Installation shall start within seven (7) working days after material is received. Installations will not start without prior approval of the Member’s authorized representative. Contractor shall assign a supervisor or contact person for each job who has the ability to communicate with Member’s designated point of contact. f. Site Visitation: When requested by the Member, the contractor will arrange a meeting at the site with supervisor and the Member to review site conditions, security procedures, work responsibilities, loading and unloading restrictions, etc. g. Invoicing: After completion of services, the Contractor shall submit an invoice to the Member: All invoicing for Time and Materials shall include: Purchase Order number Terms as per bid Contract number Job site name and location Description of work performed Total labor hours Labor rate as per bid Itemized parts Tax on parts only Total Rented equipment charges (submitted with a copy of the invoice from rental firm) shall not add additional sales tax other than what the rental firm has posted. All invoicing for Project work shall include: Purchase order number Terms as per bid Contract number Job site name and location Project description Project cost Change order cost (if applicable) If change orders have been implemented – must be separately line-itemed priced Grand total of invoice Invoicing that does not have all the required information as listed above may be sent back to contractor for corrections, delaying payment to Contractor. h. Payment After Job Completion: Payment shall not be provided until inspection is completed and an approval signature is provided by authorized member representative. In case of non-satisfactory completion of any individual project, the member reserves the right to withhold payment as permissible by law. i. Progress Payments - Members may make progress payments under the following conditions: 1. Member and Contractor agree to the terms of the progress payments prior to issuing a purchase order SCOPE OF WORK 1GPA 17-13PV Electrical and Lighting Products and Services Page 33 of 60 2. Purchase order describes the amounts or percentages and the dates or frequency of payments 3. Payments are made in full compliance with Member’s local governing entity rules 7) DELIVERY A. It shall be the Contractor’s responsibility to meet the Member’s delivery requirements, as called for in the Technical Specifications. B. Emergency or rush deliveries requested by the Member that require special shipping and handling charges may be at the Member’s expense, but only with prior written approval from the Member. Emergency or rush shipping charges shall be added to an invoice as a separate line item. C. In the event emergency or rush delivery is required as the result of a Contractor’s error, all shipping and handling charges shall be paid by the Contractor. D. The Member reserves the right to examine freight cost and route shipments with their own contracted carrier. E. Under no circumstances shall the Contractor increase their profit margin through shipping charges. 8) LEASING / FINANCING SERVICES: Leasing and financing options are allowable for the acquisition of the awarded equipment if the Contractor provides this option. A Master Lease or Master Finance Agreement will not be negotiated by 1GPA. Each Member who elects to pursue this method shall be responsible for the review, possible negotiations, and signature on any leasing/financing documents. Additionally, it shall be clear that the Member has the final financial responsibility. The following shall apply to all 1GPA Members: A. Capital and operating lease agreements, as well as direct rental agreements, between the Contractor and any Member are allowable under this Contract. B. Capital leases are those agreements which transfer title or ownership of the leased property at the end of the lease or contain a provision for a bargain purchase option. C. Operating leases are those agreements where agencies do not obtain title to or ownership of, only the temporary possession and use of, the leased property. D. Any Member entering into a lease agreement as allowed herein shall follow the policies outlined in the State of Arizona Accounting Manual. E. To ensure compliance with Article 9, Section 5 of the State of Arizona Constitution, installment purchase agreements, or those agreements where title to the property is transferred to the lessee at the inception of the agreement, shall be prohibited under this contract. 9) COMPLIANCE WITH FEDERAL, STATE AND LOCAL REGULATIONS A. All work must comply with EPA, OSHA, and any local regulations in effect at each service occurrence. Contractor shall adhere to all regulations, rules, ordinances, and standards set by Federal, State, County, and Municipal governments. If the Contractor is found to be not in compliance with said Federal, State, County, and/or Municipal safety rules, ordinances, policy, procedure, or codes, the Contractor may be placed on suspension until such non-compliant issues are rectified. BID FORMAT 1GPA 17-13PV Electrical and Lighting Products and Services Page 34 of 60 1) BID FORMAT: To aid in an efficient evaluation, it is desired that all bids follow the same general format. 1GPA will not provide any reimbursement for the cost of developing or presenting bids in response to this IFB. Failure to include the requested information may cause a bid to be considered NON-RESPONSIVE or REJECTED. Thumb drive copies submitted must be free of viruses, malware, Trojans, worms, rootkits, spyware, adware, etc. Those who submit thumb drives that contain viruses, malware, Trojans, worms, rootkits, spyware, adware, etc. may be liable for resulting damages and their bid may be rejected 2) MINIMUM REQUIREMENTS CHECKLIST: Provided is a checklist for bidders to ensure all requirements to be considered both RESPONSIBLE AND RESPONSIVE have been enclosed in the bid package. 3) QUESTIONNAIRES: Questionnaire forms have been provided to ensure all bidders provide pertinent information regarding responsibility and responsiveness. 1GPA will accept information provided on separate sheets, however, information shall be provided in the same order in which it is requested in the Bid Format: BID FORMAT (MINIMUM REQUIREMENTS) CHECKLIST TAB 1 QUALIFICATIONS AND EXPERIENCE / RESPONSIBILITY CRITERIA  1. QUESTIONNAIRE 1: Qualifications and Experience / Responsibility Criteria (Page 36) 2. FINANCIAL DISCLOSURE QUESTIONNAIRE (Page 38): Complete form and provide additional forms if needed. TAB 2 PRODUCTS AND SERVICES OFFERED IN BID  1. QUESTIONNAIRE 2: PRODUCTS AND SERVICES OFFERED SUMMARY (Page 39) 2. EXHIBIT A: PRODUCTS AND SERVICES OFFERED OVERVIEW : Complete EXHIBIT A Form electronically in Excel format. This form will be utilized during bid evaluations when determining the need for multiple awards for categories and subcategories. This will also assist members when selecting a firm from the awardee list for a specific project(s). (Also print and submit hardcopy) 3. EXHIBIT B: LEASING AND FINANCING OPTIONS: Bidders shall complete the excel spreadsheet attached to this solicitation to submit bids for Leasing and Financing Options. (Also print and submit hardcopy) 4. Dealer Authorization Letters: Bidders are required to submit Dealer Authorization Documentation for each manufacturer product line included in their offer. The letters shall state that the manufacturer will allow said Contractor to distribute their product line for an awarded contract. (If not applicable, please give explanation.) TAB 3 COST  1. QUESTIONNAIRE 3: Cost (Page 40) TAB 4 PAST PERFORMANCE  1. QUESTIONNAIRE 4: Past Performance. (Page 41) BID FORMAT 1GPA 17-13PV Electrical and Lighting Products and Services Page 35 of 60 BID FORMAT (MINIMUM REQUIREMENTS) CHECKLIST 2. REFERENCES FORM (Page 42): Complete form- list a minimum of 5 client references. 3. PERFORMANCE EVALUATION SURVEYS (Page 43): A minimum of 3 “Performance Evaluation Surveys” (form provided in this solicitation) should be sent to clients to complete and return to you or send directly to 1GPA. In substitution of a “Performance Evaluation Survey”, Letters of References recently dated (within 1 year) may be provided. Either method is acceptable for compliance with Past Performance evaluation. All surveys collected by your firm should be submitted in this section with your sealed bid. If time does not permit your firm to include forms received in your sealed bid, your client may send forms directly to 1GPA via email by the due date and time for consideration in evaluations. TAB 5 VALUE ADDED SERVICES  1. QUESTIONNAIRE 5: Value Added Services (Page 44) TAB 6 RESPONSIVENESS / COMPLIANCE  1. QUESTIONNAIRE 6: Responsiveness / Compliance (Page 45) OVERALL SUBMITTAL INSTRUCTIONS  A. One (1) original hardcopy of all documents CLEARLY LABELED “ORIGINAL”. Original hardcopy will be stored in the procurement files and may not be viewed by the evaluation committee members at time of evaluations. B. Two (2) COPIES (hardcopy) in the same format as the Original. Copies will be utilized by key evaluation committee members and offeror’s should not “refer to original” in copies provided. C. Three (3) flash drives providing all bid documents in PDF Format, Excel (Cost Form and Exhibit A- Geographic/Regional Locations Form), and if specifically requested, Word Format. Electronic bid documents should be in the same format as the hardcopy with folders designated for each TAB specified in the Bid Format below. D. Respondents should utilize the envelope label provided or their own label with a clearly identified Sealed Bid as follows: Paradise Valley USD / 1GPA Attention: Purchasing / Claudia Leon 15002 North 32nd Street Phoenix, AZ 85032 IFB 17-13PV, Electrical and Lighting Products and Services E. Bids shall be signed by an owner, partner or corporate official who has been authorized to make such commitments. INVITATION TO BID 1GPA / PARADISE VALLEY UNIFIED SCHOOL DISTRICT Electrical and Lighting Products and Services IFB # 17-13PV April 18, 2017| 1:00pm COPY 3019831.1 EXHIBIT B TO COOPERATIVE PURCHASING AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND URBAN ENERGY SOLUTIONS, INC. [Work Orders] See following pages (to be attached subsequent to execution). ITEM 8. F. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 06/15/2021 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda Submitting Department: Community Services Prepared by: Patti Lopuszanski, Executive Assistant Staff Contact Information: Rachael Goodwin, Community Services Director Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION OF  Resolution 2021-22 approving amendment to the intergovernmental agreement with Maricopa County Animal Control. Staff Summary (Background) On April 6, 2021 Town Council approved the IGA with Maricopa County Animal Control.  Due to an increase of dogs off leash and additional concerns with pets not being monitored by their owners, it was deemed necessary to add an amendment to the agreement to include scheduled sweeps of the town at an additional cost of $8,000. Under the renewed agreement, the annual cost for animal control services from Maricopa County has been adjusted from $22,318 to $30,318.  Staff will seek additional enforcement activities from Animal Control at parks where there have been continuing issues with dogs off leash and owners allowing their dogs to urinate on park benches and other park amenities. This has resulted in corrosive damage to park benches, picnic tables, and trash bins. The ten added patrol sweeps will help enforce the Town's ordinance for animals to be on leash and monitored by their owner. Chapter 6 of the Town Code authorizes the Town of Fountain Hills to regulate animals within the town. Complaints regarding unlicensed dogs are enforced by Code Enforcement and barking dog complaints are enforced by the Sheriff's Office (MCSO). Through an Intergovernmental Agreement (IGA), the County responds to calls for service from the town for dog bites, stray dogs, leash law violations, and similar services. Staff is recommending renewing the agreement with Animal Control for a term of July 1, 2021, through June 30, 2022. Related Ordinance, Policy or Guiding Principle Ordinance 18-05; Town Code Chapter  Risk Analysis Animal control is a critical service which is contracted with Maricopa County at a very low cost annually.  While the Town of Fountain Hills could provide this service itself, the additional cost impacts for staffing, training, liability insurance, and other operating costs would far exceed the annual cost of contracting with Maricopa County Animal Control.  Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends approval. SUGGESTED MOTION MOVE to adopt Resolution #2021-22. Fiscal Impact Fiscal Impact:$8,000 Budget Reference:LAD Funding Source:General Fund If Multiple Funds utilized, list here: Budgeted: if No, attach Budget Adjustment Form: Attachments IGA Maricopa County Animal Control  IGA Maricopa County Animal Control Appendix A and B  Form Review Inbox Reviewed By Date Community Services Director Rachael Goodwin 06/03/2021 09:23 AM Finance Director David Pock 06/03/2021 09:59 AM Town Attorney Aaron D. Arnson 06/03/2021 11:29 AM Town Manager Grady E. Miller 06/03/2021 01:21 PM Form Started By: Patti Lopuszanski Started On: 06/02/2021 11:11 AM Final Approval Date: 06/03/2021  RESOLUTION NO. 2021-22 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, APPROVING THE FIRST AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT WITH MARICOPA COUNTY, ARIZONA, RELATING TO BASIC ANIMAL CONTROL SERVICES. RECITALS: WHEREAS, the Town has entered into an Intergovernmental Agreement, dated July 1, 2021 (the “Agreement”) with Maricopa County, a political subdivision of the State of Arizona (the “County”), for the provision of animal control services within the Town; and WHEREAS, the Town and the County desire to enter into the First Amendment to add to the scope and provide for compensation for these expanded services provided thereunder. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: ENACTMENTS: SECTION 1. The recitals above are hereby incorporated as if fully set forth herein. SECTION 2. The First Amendment to the Intergovernmental Agreement (“IGA”) between the Town of Fountain Hills (the "Town") and Maricopa County relating to animal control services in the Town is hereby approved in substantially the form attached hereto as Exhibit A-1 and incorporated herein by reference SECTION 3. The Town hereby authorizes the expenditure of funds for basic animal control services, as more specifically detailed in the Appendix A-1. SECTION 4. The Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to cause the execution of the First Amendment and to take all steps necessary to carry out the purpose and intent of this Resolution. PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, Arizona, June 15, 2021. FOR THE TOWN OF FOUNTAIN HILLS: Ginny Dickey, Mayor ATTESTED TO: Elizabeth A. Klein, Town Clerk REVIEWED BY: Grady E. Miller, Town Manager APPROVED AS TO FORM: Aaron D. Arnson, Town Attorney -1 TO RESOLUTION NO. 2021-22 [First Amendment] See following pages. 2021-062 FIRST AMENDMENT TO INTERGOVERNMENTAL AGREEMENT BETWEEN MARICOPA COUNTY ADMINISTERED BY ITS ANIMAL CARE & CONTROL DEPARTMEMT AND THE TOWN OF FOUNTAIN HILLS RECITALS THS FIRST AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT (the “Agreement" or “IGA”) is entered into as of June 15, 2021, between the Town of Fountain Hills, an Arizona municipal corporation (the "TOWN") and Maricopa County, a political subdivision of the State of Arizona, administered by its Animal Care & Control Department (“MCACC”) (collectively referred to as “COUNTY”). The COUNTY and TOWN are collectively referred to as “Parties” and individual as “Party”. In consideration of the following, the Parties agree to amend the Agreement as follows: A. The Town and COUNTY entered into that certain IGA, dated July 1, 2021 (the "Agreement") for the COUNTY to provide animal control services to the Town (the "Services"). B. The Town and COUNTY have determined that additional services are necessary. C. The Town and COUNTY desire to enter into this First Amendment to provide for compensation for these additional services. AGREEMENT NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated herein by reference, the following mutual covenants and conditions, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Town and COUNTY hereby agree as follows: 1. APPENDIX A: COMPENSATION SCHEDULE FOR ANIMAL CONTROL SERVICES is hereby replaced with APPENDIX A-1 as attached. 2. APPENDIX B: SERVICES is hereby replaced with APPENDIX B-1 as attached. 3. Effect of Amendment. In all other respects, the Agreement is affirmed and ratified and, except as expressly modified herein, all terms and conditions of the Agreement shall remain in full force and effect. 4. Conflict of Interest. This First Amendment and the Agreement may be canceled by the parties pursuant to ARIZ. REV. STAT. § 38-511. IN WITNESS WHEREOF, the undersigned represent and warrant that he/she is duly authorized to execute and deliver this Agreement on behalf of each Party and that this Agreement is binding on said Party in accordance with its terms. The Parties enter into this Agreement as of the Effective Date, as defined in Section 3.0 of this Agreement (Term): MARICOPA COUNTY TOWN OF FOUNTAIN HILLS By: By: Jack Sellers, Chairman Maricopa County Board of Supervisors Ginny Dickey, Mayor Town of Fountain Hills Date Date Attest: Attest: Juanita Garza, Clerk of the Board Elizabeth A. Klein, Town Clerk Date Date Approved as to Form: Undersigned counsel has reviewed the foregoing Agreement pursuant to A.R.S. § 11-952 (D) and has determined it is in proper form and within the powers and authority granted under the laws of this state to the COUNTY and TOWN. Talia Offord, Senior Deputy County Attorney for Maricopa County Aaron D. Arnson Attorney for Town of Fountain Hills Date Date APPENDIX A-1 COMPENSATION SCHEDULE FOR ANIMAL CONTROL SERVICES 1. COUNTY Service Level: Animal Control Services 2. Service Cost for Initial Term to include ten (10) sweeps of the entire Town at $800 per sweep: $30,318 For the initial term of this Agreement, the TOWN agrees to pay the COUNTY $30,318. Thereafter, the TOWN shall pay the COUNTY those fees approved by the Maricopa County Board of Supervisors in accordance with a formula developed by the Department, which req uire full recovery of the COUNTY’s direct and indirect costs. See Appendix A. APPENDIX B-1 SERVICES 1. The COUNTY, as the appointed Enforcement Agent, shall be responsible for and enforce the Animal Control Ordinance for the TOWN (See Appendix E.). Maricopa County Animal Care and Control shall conduct ten (10) “sweeps” (i.e. patrols) of the Town. 2. Minimum Staffing: Staffing will be sufficient to respond to ninety percent (90%) of service requests within the period prescribed below 3. Response Times: The COUNTY will respond during Normal Hours of Operation. COUNTY staff will arrive at the scene of a reported service request within the time prescribed below based on the service classification: Priority 1 1 hour Priority 2 2 hours Priority 3 48 hours Priority 4 72 hours **See Appendix C for call for service types by priority. 4. Response Time during Limited Operations Hours: The COUNTY will only act on Priority 1 and 2 calls for service during Limited Operation Hours and only when the requesting police agency agrees to remain on scene for the duration of the time needed to handle the call for service. The COUNTY will not respond to priority 3 or 4 calls for service after 3pm until the commencement of the next Normal Hours of Operation. The response time for Limited Operations Hours will be two (2) hours maximum. The response time could be longer should a higher priority call for service be received. The choice to respond to higher priority calls is at the discretion of the COUNTY. 5. The COUNTY shall not respond to scenes involving owned animals being seized or impounded as a part of a police function related to neglect, abuse, abandonment, arrests, crime scene investigations, fire scenes, or any situation where the law enforcement officer has seized an owned animal. The COUNTY will not respond to citizen response requests for abuse, neglect, or cruelty of animals. 6. Law enforcement agencies needing assistance in accordance with this IGA can call the COUNTY Field Dispatch non-public phone line (602-506-1309) to request general assistance during Normal Hours of Operation and after 5pm for Priority 1 or 2 calls. The decision to respond is based on the information provided to staff at the time of the request. The COUNTY reserves the right to respond to non-emergency requests at the beginning of the next Normal Hours of Operation. 7. While the COUNTY is closed for business on all COUNTY Observed Holidays, the COUNTY reserves the right to provide limited response times from 7am to 10 pm on COUNTY observed holidays. The police only line will be staffed for Priority 1 calls for service from 7am to 10pm on COUNTY Holidays. 8. The COUNTY shall provide lost and found service from 8am to 5pm seven (7) days per week to allow for citizens to report found and lost dogs at (602) 372-4598. This service will not be provided during the holiday coverage prescribed in Paragraph 7. 9. The COUNTY shall provide call center services during Normal Hours of Operation and 24-hour online services for citizens to report animal control issues, conduct licensing transactions, and ask general animal control questions. Call center services will not be provided during the holidays prescribed in Paragraph 7. 10. The COUNTY at its discretion may pick up dogs from Third Parties. ITEM 8. G. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 06/15/2021 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda Submitting Department: Community Services Prepared by: Patti Lopuszanski, Executive Assistant Staff Contact Information: Rachael Goodwin, Community Services Director Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION OF  approving Cooperative Purchasing Agreement 2021-058 with Level 3 Audio Visual, LLC. Staff Summary (Background) The Community Center renovation includes the replacement of the outdated audio/visual equipment to allow for upgraded speakers, more current features including Bluetooth technology, and expanded coverage and quality.   The ballroom consists of four individual spaces that can combine into a single large space as required. Each space shall be fitted with individual wall mounted Bluetooth receivers. Each space shall be provided with four wireless handheld microphones and each mic will be locally reinforced in the ceiling speakers.  Audio conference will be provided for each space and new amplifiers and speakers are provided for the room to better cover the space.  Additional technology will be added to the conference room to meet the needs of larger audiences with wireless display capabilities. Upgraded speakers will also be added to the lobby area to improve sound quality. The system also includes remote access into the AV systems by Level 3 AV remote service technicians. This provides faster response to solve issues when reported to their service team.  The Town will pay Level 3 Audio Visual, LLC for the installation of equipment, and services for the Community Center A/V upgrades in an amount not to exceed $119,936.47. Related Ordinance, Policy or Guiding Principle  Section 3-3-27 of the Town Code and Section 10 of the Town Procurement Policy. Risk Analysis There have been numerous equipment failures due to the outdated audio-visual system. Current technology is incompatible with the existing system which necessitates the need to update the system. Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff Recommendation(s) Staff recommends approval of the Cooperative Purchase Agreement 2021-058 with Level 3 Audio Visual, LLC.  SUGGESTED MOTION MOVE to approve the Cooperative Purchase Agreement 2021-058 with Level 3 Audio Visual, LLC. in an amount not to exceed $119,936.47. Fiscal Impact Fiscal Impact:$119,937 Budget Reference:FRAD Funding Source:Facilities Reserve Fund If Multiple Funds utilized, list here: Budgeted: if No, attach Budget Adjustment Form: Attachments Level 3 Audio CPA 2021-058  Exhibit A  Exhibit B  Form Review Inbox Reviewed By Date Community Services Director Rachael Goodwin 06/03/2021 09:23 AM Finance Director David Pock 06/03/2021 10:03 AM Town Attorney Aaron D. Arnson 06/03/2021 11:35 AM Town Manager Grady E. Miller 06/03/2021 01:26 PM Form Started By: Patti Lopuszanski Started On: 06/02/2021 04:41 PM Final Approval Date: 06/03/2021  1 Contract No. 2021-058 COOPERATIVE PURCHASING AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND LEVEL 3 AUDIO VISUAL, LLC THIS COOPERATIVE PURCHASING AGREEMENT (this “Agreement”) is entered into as of July 1, 2021 between the Town of Fountain Hills, an Arizona municipal corporation (the “Town”), and Level 3 Audio Visual, LLC, a(n) Arizona limited liability company (the “Contractor”). RECITALS A. After a competitive procurement process, the State of Arizona (the “State”) entered into Contract No. ADSPO17-184597, dated July 26, 2017 (the “State Contract”), for the Contractor to provide labor, equipment, and materials necessary to install audio/visual equipment. A copy of the State Contract is attached hereto as Exhibit A and incorporated herein by reference, to the extent not inconsistent with this Agreement. B. The Town is permitted, pursuant to Section 3-3-27 of the Town Code and Section 10 of the Town Procurement Policy, to make purchases under the State Contract, at its discretion and with the agreement of the awarded Contractor, and the State 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 State Contract and this Agreement, (ii) establishing the terms and conditions by which the Contractor may provide labor, equipment, and materials necessary to install audio/visual equipment and associated technology (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 June 30, 2022 (the “Initial Term”), unless terminated as otherwise provided in this Agreement or the State Contract. After the expiration of the Initial Term, this Agreement may be renewed for up to one successive one-year term (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 State 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 2 adjustments approved as part of the State Contract), as evidenced by the Town Manager’s signature thereon, which approval may be withheld by the Town for any reason. The Contractor’s failure to seek a renewal of this Agreement shall cause this Agreement to terminate at the end of the then- current term of this Agreement; provided, however, that the Town may, at its discretion and with the agreement of the Contractor, elect to waive this requirement and renew this Agreement. The Initial Term and any Renewal Term(s) are collectively referred to herein as the “Term.” Upon renewal, the terms and conditions of this Agreement shall remain in full force and effect. 2. Scope of Work. Contractor shall provide to the Town the Services under the terms and conditions of the State Contract and according to the specifications set forth in the Contractor’s Proposal attached hereto as Exhibit B and incorporated herein by reference. 2.1 Inspection; Acceptance. All Materials and Services are subject to final inspection and acceptance by the Town. Materials failing to conform to the requirements of this Agreement and/or the State Contract will be held at Contractor’s risk and may be returned to the Contractor. If so returned, all costs are the responsibility of the Contractor. Upon discovery of non- conforming Materials or Services, the Town may elect to do any or all of the following by written notice to the Contractor: (i) waive the non-conformance; (ii) stop the work immediately; or (iii) bring Materials or Services into compliance and withhold the cost of same from any payments due to the Contractor. 2.2 Cancellation. The Town reserves the right to cancel any work order within a reasonable time after issuance. Should a work order be canceled, the Town agrees to reimburse the Contractor, but only for actual and documentable costs incurred by the Contractor due to and after issuance of the work order. The Town will not reimburse the Contractor for any costs incurred after receipt of the Town notice of cancellation, or for lost profits, shipment of product prior to issuance of a work order or for anything not expressly permitted pursuant to this Agreement. 3. Compensation. The Town shall pay Contractor an amount not to exceed $119,936.47 for the Materials and Services at the rates set forth in the State Contract and as more particularly set forth in Exhibit B. The aggregate not-to-exceed amount, inclusive of all Renewal Terms, shall not exceed $$119,936.47 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 State 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 State 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 3 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. Contractor hereby waives any and all rights to bring any claim against the Town from or relating in any way to the Town's 4 termination of this Agreement pursuant to this section. 11. Conflicting Terms. In the event of any inconsistency, conflict or ambiguity among the terms of this Agreement, the State Contract, the Proposal, and invoices, the documents shall govern in the order listed herein. Notwithstanding the foregoing, and in conformity with Section 2 above, unauthorized exceptions, conditions, limitations or provisions in conflict with the terms of this Agreement or the State 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 State 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 State Contract, the Town shall be afforded all of the rights and privileges afforded to the State and shall be the “State” (as defined in the State Contract) for the purposes of the portions of the State Contract that are incorporated herein by reference. 13. Indemnification; Insurance. In addition to and in no way limiting the provisions set forth in Section 12 above, the Town shall be afforded all of the insurance coverage and indemnifications afforded to the State to the extent provided under the State 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 E. Avenue of the Fountains Fountain Hills, Arizona 85268 Attn: Grady E. Miller, Town Manager With copy to: Town of Fountain Hills 16705 East Avenue of the Fountains 5 Fountain Hills, Arizona 85268 Attn: Aaron D. Arnson, Town Attorney If to Contractor: Level 3 Audio Visual LLC 955 E. Javelina Ave., Ste. B-106 Mesa, Az. 85204 Attn: Zachary Toporek 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] 6 EXHIBIT A TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND LEVEL 3 AUDIO VISUAL, LLC [State Contract] See following pages. 7 EXHIBIT B TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND LEVEL 3 AUDIO VISUAL, LLC [Contractor Proposal] See following pages. Request for Proposal Solicitation No. ADSPO17 -0000 7302 Description: AV Equipment and Services Arizona Department of Administration State Procurement Office 100 N 15th Ave., Suite 402 Phoenix, AZ 85007 PART 3 of the Solicitation Documents Template version 2.0 (01-FEB-2017) SECTION 3-B: Offer Forms Page 13 of 51 3 A v a i l a b l e o n l i n e a t :P r o c u r e . A Z . g o v Section 3-B: Offer Forms (Attachments) ATTACHMENT 1 ........ OFFER AND ACCEPTANCE FORM .................................... 14 ATTACHMENT 2-A .... EXPERIENCE AND CAPACITY QUESTIONNAIRE ............ 15 ATTACHMENT 2-B .... ORGANIZATION PROFILE .................................................. 26 ATTACHMENT 3-A .... METHOD PROPOSAL (METHOD OF APPROACH) ........... 27 ATTACHMENT 3-B .... KEY PERSONNEL PROPOSAL ........................................... 36 ATTACHMENT 3-C ... PROPOSED SUBCONTRACTORS ..................................... 39 ATTACHMENT 3-D ... PERFORMANCE GUARANTEE ........................................... 40 ATTACHMENT 3-E .... BOYCOTT OF ISRAEL DISCLOSURE ................................ 41 ATTACHMENT 4 ........ PRICING SHEET .................................................................. 43 ATTACHMENT 5-A .... CONFIDENTIAL INFORMATION DESIGNATION ................ 44 ATTACHMENT 5-B .... CONFORMANCE STATEMENTS ........................................ 46 ATTACHMENT 5-C ... INSURANCE AND BONDING EVIDENCE ........................... 50 ATTACHMENT 5-D ... OFFER CHECKLIST ............................................................. 51 -- EXHIBIT A Request for Proposal Solicitation No. ADSPO17 -0000 7302 Description: AV Equipment and Services Arizona Department of Administration State Procurement Office 100 N 15th Ave., Suite 402 Phoenix, AZ 85007 PART 3 of the Solicitation Documents Template version 2.0 (01-FEB-2017) SECTION 3-B: Offer Forms Page 14 of 51 3 A v a i l a b l e o n l i n e a t : P r o c u r e . A Z . g o v Attachment 1 Offer and Acceptance Form SUBMISSION OF OFFER: Undersigned hereby offers and agrees to provide Error! Reference source not found.AV Equipment and Services in compliance with the Solicitation indicated above and our Offer indicated by the latest dated version below: Initial Offer: 1. 07/26/17 date initial Revised Offers: 2. x 3. x 4. x date #1 initial date #1 initial date #1 initial 5. x 6. x 7. x date #4 initial date #5 initial date #6 initial Best and Final Offer: 8. x date initial Level 3 Audio Visual Offeror company name Signature of person authorized to sign Offer Initials 955 E Javelina Ave Ste B106 Julianna Belcamino – Account Executive Address Printed name and title Mesa, AZ 85204 Julianna Belcamino – Account Executive City | State | ZIP Contact name and title 71-0934073 JBelcamino@L3AV.com 602-369-5030 Federal tax identifier (EIN or SSN) Contact Email Address Contact phone number CERTIFICATION: By signature in the above, Offeror certifies that it: 1. will not discriminate against any employee or applicant for employment in violation of Federal Executive Order 11246, [Arizona] State Executive Order 2009-9 or A.R.S. §§ 41−1461 through 1465; 2. has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with the submitted offer. Failure to provide a valid signature affirming the stipulations required by this clause will result in rejection of the Offer. Signing the Offer with a false statement will void the Offer, any resulting contract, and may be subject to legal penalties under law; 3. complies with A.R.S. § 41-3532 when offering electronics or information technology products, services, or maintenance; and 4. is not debarred from, or otherwise prohibited from participating in any contract awarded by federal, state, or local government. ACCEPTANCE OF OFFER: State hereby accepts the initial Offer, Revised Offer, or Best and Final Offer identified by number # at the top of this form, and which was dated date (the Accepted Offer). Offeror is now bound (as Contractor) to carry out the Work under the attached Contract, of which the Accepted Offer forms a part. Contractor is cautioned not to commence any billable work or to provide any material or perform any service under the Contract until Contractor receives the applicable Order or written notice to proceed from Procurement Officer. State’s Contract No. is: ADSPO##-######## The effective date of the Contract is: date Contract awarded date Deepika Bajpayee Procurement Officer signature Procurement Officer, Deepika Bajpayee Request for Proposal Solicitation No. ADSPO17 -0000 7302 Description: AV Equipment and Services Arizona Department of Administration State Procurement Office 100 N 15th Ave., Suite 402 Phoenix, AZ 85007 PART 3 of the Solicitation Documents Template version 2.0 (01-FEB-2017) SECTION 3-B: Offer Forms Page 15 of 51 3 A v a i l a b l e o n l i n e a t : P r o c u r e . A Z . g o v Attachment 2-A Experience and Capacity Questionnaire STATE MAY DETERMINE YOUR PROPOSAL IS NON-RESPONSIVE IF YOU DO NOT ANSWER ALL QUESTIONS FULLY. The Offeror shall provide a narrative response to each question that demonstrates their understanding of the Scope of Work requirements and describes your company’s overall method of approach for providing the equipment and services stated in this solicitation. If there is a question that is not applicable to the equipment and services required by the Scope of Work, you may mark it N/A. EXPERIENCE AND CAPACITY QUESTIONS: Question 1: Company Profile The Offeror must include a detailed narrative description of its organization. The narrative must include the following: 1.1 Brief overview of business operations, with an emphasis on experience providing Audio and Video (AV) equipment (including accessories), and related AV services (e.g. design, installation, maintenance, integration, training), experienced AV personnel deployment, and personnel training. 1.2 Date established; 1.3 Ownership (public, partnership, subsidiary, etc.); 1.4 Location in which the Offeror is incorporated; 1.5 Office location(s) responsible for performance of proposed tasks; 1.6 Offeror shall provide the number, size and location of their distribution facilities, warehouses and service facilities as applicable. 1.7 Offeror's organizational chart relevant to this project, specifically identifying the key point of contact for all questions related to the submitted offer; 1.8 Full disclosure of any potential conflict of interest (e.g. serving as a reseller of computer hardware, software or business relationships between the Offeror and any State employee who functions or has responsibilities in the review or approval of the undertaking or carrying out of the project); 1.9 A Statement of whether, in the last ten (10) years, the Offeror has filed (or had filed against it) any bankruptcy or insolvency proceeding, whether voluntary or involuntary, or undergone the appointment of a receiver, trustee, or assignee for the benefit of creditors, and if so, an explanation providing relevant details; 1.10 A Statement of whether there are any pending Securities Exchange Commission investigations involving the Offeror, and if such are pending or in progress, an explanation providing relevant details and an attached opinion of counsel as to whether the pending investigation(s) may impair the Offeror’s performance in a Contract under this RFP; 1.11 A Statement documenting all open or pending litigation initiated by Offeror or where Offeror is a defendant or party in any litigation that may have a material impact on Offeror’s ability to deliver the contracted services; Request for Proposal Solicitation No. ADSPO17 -0000 7302 Description: AV Equipment and Services Arizona Department of Administration State Procurement Office 100 N 15th Ave., Suite 402 Phoenix, AZ 85007 PART 3 of the Solicitation Documents Template version 2.0 (01-FEB-2017) SECTION 3-B: Offer Forms Page 16 of 51 3 A v a i l a b l e o n l i n e a t : P r o c u r e . A Z . g o v 1.12 A Statement documenting all open or pending litigation initiated by Offeror or where Offeror is a defendant or party in any litigation with a public sector client; 1.13 Full disclosure of any public sector contracts terminated for cause or convenience in the past five (5) years; and 1.14 Full disclosure of any criminal or civil offense. 1.15 Offeror shall provide evidence of any Arizona required business license to provide these services. 1.16 Offeror shall provide copies of any professional or industry certifications that represent the services detailed in this RFP. Offeror Response: 1.1 Level 3 Audio Visual, a full-service audiovisual provider, has been providing award winning audio visual integration systems since 1996. Specializing in design, integration, consultation and installation of professional audio-visual and video-conferencing systems for corporate, higher education, government, healthcare, hospitality, and legal markets. Our goal is to assess our clients’ business needs, introduce cutting-edge technology into their existing systems and produce results that increase efficiency, revenues, communication, awareness and savings. We look forward to providing our extensive qualifications as a leader in the audiovisual industry. As a prime contractor, we can provide our clients with complete AV integration services. We do everything in house: design, engineering, commissioning, and maintenance services. This creates a clear line of communication, and a seamless and efficient workflow for everyone involved in the project. We understand the importance of the coordination efforts that need to take place as well as keeping to specific timelines. Level 3 has been proud to work with education, state and local government agencies in Arizona with their audiovisual equipment and integration needs for the last 11 years. 1.2 Established April 9, 1996. 1.3 Level 3 Audio Visual is a privately-owned LLC. 1.4 Incorporated in Mesa, Arizona. 1.5 Corporate Headquarters responsible for performance of proposed tasks is located in Mesa, Arizona. 1.6 Level 3 AV Corporate Headquarters is in Mesa, Arizona. Our office consists of 20,761 Sq. Ft distribution, warehouse, and service facilities located at 955 E Javeline Ave Ste B106 Mesa, Arizona 85204. Request for Proposal Solicitation No. ADSPO17 -0000 7302 Description: AV Equipment and Services Arizona Department of Administration State Procurement Office 100 N 15th Ave., Suite 402 Phoenix, AZ 85007 PART 3 of the Solicitation Documents Template version 2.0 (01-FEB-2017) SECTION 3-B: Offer Forms Page 17 of 51 3 A v a i l a b l e o n l i n e a t : P r o c u r e . A Z . g o v 1.7 Level 3 Audio Visual Organization chart. Key point of contact for all questions highlighted. 1.8 There are no potential conflicts of interest between any employee at Level 3 AV and the State. 1.9 Level 3 AV does has never filed for bankruptcy. 1.10 Level 3 AV does not have any pending securities exchange commission investigations involving any party. 1.11 Level 3 AV does not have pending litigations. 1.12 Level 3 AV does not have any pending litigations by any party. 1.13 Level 3 AV has not had any contracts terminated in the past 5 years. 1.14 Level 3 AV does not have any criminal or civil offense. 1.15 Arizona Contractors License #189013 Request for Proposal Solicitation No. ADSPO17 -0000 7302 Description: AV Equipment and Services Arizona Department of Administration State Procurement Office 100 N 15th Ave., Suite 402 Phoenix, AZ 85007 PART 3 of the Solicitation Documents Template version 2.0 (01-FEB-2017) SECTION 3-B: Offer Forms Page 18 of 51 3 A v a i l a b l e o n l i n e a t : P r o c u r e . A Z . g o v 1.16 Please see attachement for below referenced certifications. Question 2: Company Experience A. What market(s) are your current clients primarily in? B. What experience do you have serving public sector clients in the State of Arizona? C. What is the range in size of your current clients? D. What type of case studies do you have that exhibit your experience with different clients? E. How long have you provided AV equipment and services to your longest tenured client? F. Why did your last three former clients cancel their contracts? G. With what relevant trade associations are you involved? How does this participation give you an advantage over your competition? Offeror Response: A. We currently service Government, Education, Healthcare, Hospitality, Corporate/Private sectors. B. Level 3 AV has been servicing the public-sector clients in the State of Arizona for over 11 years. Level 3’s first experience with government contracts was with AZ State Contract #EPS060125, and found this to be a very successful contract experience. We’ve appreciated the relationships obtained over the last 11 years with the State Agencies and Co-op Members. In addition, The Contract Administrator, Julianna Belcamino, is also the primary Account Executive in the Gov/Ed/Public Sector markets. She has over 20 years of audiovisual sales/and State Contract experience as well. C. We service small business clients with 20 employees as well as enterprise clients that have 10,000+ employees and locations nationwide. D. We currently have case studies in High Education, Corporate, Hospitality, and Healthcare markets that highlight our ability to listen to our customers’ needs and provided experienced solutions that exceed their expectations. At Level 3 we focused on delivering high quality audiovisual solutions with our end-user’s experience in mind. E. We have committed clients that began their relationship with us in our infancy going on 21 years. These clients have worked closely with our team and have formed great working relationships over the years. F. We have never had a client cancel their contract. Request for Proposal Solicitation No. ADSPO17 -0000 7302 Description: AV Equipment and Services Arizona Department of Administration State Procurement Office 100 N 15th Ave., Suite 402 Phoenix, AZ 85007 PART 3 of the Solicitation Documents Template version 2.0 (01-FEB-2017) SECTION 3-B: Offer Forms Page 19 of 51 3 A v a i l a b l e o n l i n e a t : P r o c u r e . A Z . g o v G. Level 3 is associated with trade associations related to Audio Visual. o ICIA www.infocomm.org – InfoComm International is the association representing the commercial audiovisual industry worldwide. We hold many certifications from Infocomm and attend their yearly conference that gathers manufactures worldwide to one location to provide training for our employees and first hand product knowledge with the experts. o USAV www.usavgroup.net – USAV bonds ProAV affiliates into an elite industry team. With integrators through the U.S. and Canada partnerships with top ProAV manufactures and service providers, and alignment with leading industry associations, the USAV advantage is unparalleled. USAV Integrators provide clients with the benefit of a nationwide network of ProAV specialists and personal relationships with local AV experts. This association also provides some benefits in pricing that are passed along to our customers. o NSCA – www.NSCA.org - National Systems Contractors Association - NSCA is the leading not-for-profit association representing the commercial electronic systems industry. The National Systems Contractors Association is a powerful advocate of all who work within the low-voltage industry, including systems contractors/integrators, product manufacturers, consultants, sales representatives, architects, specifying engineers and other allied professionals. o AQAV –www.aqav.org - AQAV is non-profit 501(c)(3) corporation that is dedicated to improving the operational art of designing and installing audio visual technology. Engineered audio visual systems continue to become more complex and difficult to integrate. By focusing on the quality management of these systems, and of those who design and install them, we can benefit the AV industry and all its stakeholders: including clients and users of AV technology, AV designers and installers, equipment manufacturers, related constructio n and architectural firms, and the environment. These efficiencies not only reduce installation time, reduce downtime for the customer, but also reduces the project installation time, which is a cost savings for our customers and the company as well. o OSHA – www.osha.gov – Occupational Safety and Health Administration has several trainings, compliance assistance and health and safety recognition programs. Through OSHA certifications we can ensure a safe working environment for our clients and employees. o BBB – www.bbb.org – Better Business Bureau – The BBB helps people find businesses and brands they can trust. They assist in programs on dispute resolution, advertising review, and industry self-regulation. L3AV is proud to be BBB accredited, it allows us to build a better business, stand out amongst our competitors and be a brand our customers can trust. Question 3: Financial/Accounting Information Offeror must provide evidence of financial stability and capability to fund all costs associated with providing the equipment and services throughout the term of the Contract. The latest two (2) years audited annual financial statements including Total Revenue, Net Income, and Total Assets must be submitted with the Offeror’s proposal. If audited financial data is unavailable, explain in full the reason, and provide the latest non-audited financial information to include Balance Sheet, Income Request for Proposal Solicitation No. ADSPO17 -0000 7302 Description: AV Equipment and Services Arizona Department of Administration State Procurement Office 100 N 15th Ave., Suite 402 Phoenix, AZ 85007 PART 3 of the Solicitation Documents Template version 2.0 (01-FEB-2017) SECTION 3-B: Offer Forms Page 20 of 51 3 A v a i l a b l e o n l i n e a t : P r o c u r e . A Z . g o v Statement, as well as Statements of Cash flows and Change in Financial Position. Include information to attest to the accuracy of the information provided. Offeror shall provide information regarding any irregularities that were discovered in any accounts maintained by the Offeror on behalf of others. Describe the circumstances and disposition of the irregularities. Offeror Response: Please see attached financial statement. Please feel free to reach out to our CFO, Doug Spencer, with any questions. DSpencer@L3AV.com #480-892-1071 Question 4: Proposed Project Members and Organization Utilize Attachment 3-B to identify Key Personnel to be utilized to perform services within a resultant contract. In addition, also state the Members related experience with large local, state or federal government agencies. Offeror Response: Please see attachment 3-B. Request for Proposal Solicitation No. ADSPO17 -0000 7302 Description: AV Equipment and Services Arizona Department of Administration State Procurement Office 100 N 15th Ave., Suite 402 Phoenix, AZ 85007 PART 3 of the Solicitation Documents Template version 2.0 (01-FEB-2017) SECTION 3-B: Offer Forms Page 21 of 51 3 A v a i l a b l e o n l i n e a t : P r o c u r e . A Z . g o v Question 5: Subcontractors Utilize Attachment 3-C to identify Proposed Subcontractors to be utilized to perform services within a resultant contract. Offeror Response: Please see Attachment 3-C. Question 6: Arizona Baseline Security Controls All offerors must be prepared to comply with a request to submit to a State of Arizona Baseline Security Controls questionnaire. The evaluation committee will require all short-list offerors to complete the questionnaire. Completed questionnaires will be submitted to ADOA -ASET for review and evaluation. To review the questionnaire, visit the site below. Within the Offeror Response below, please state your willingness to comply with this requirement. https://aset.az.gov/resources/policies-standards-and-procedures Offeror Response: Level 3 Audio Visual is prepared to comply with a request to submit to a State of Arizona Baseline Security Controls questionnaire when needed. Request for Proposal Solicitation No. ADSPO17 -0000 7302 Description: AV Equipment and Services Arizona Department of Administration State Procurement Office 100 N 15th Ave., Suite 402 Phoenix, AZ 85007 PART 3 of the Solicitation Documents Template version 2.0 (01-FEB-2017) SECTION 3-B: Offer Forms Page 22 of 51 3 A v a i l a b l e o n l i n e a t : P r o c u r e . A Z . g o v EXPERIENCE REFERENCES: The State intends to conduct reference checks for account references provided by Offerors. It may, at its sole discretion, contact additional clients not presented as references. Offerors shall provide at least three (3) client references for assignments that replicate or mirror the requirements of this RFP. At least one (1) of the projects referenced must be Arizona government related. All assignments shall be for assignments received and completed within the last five (5) years. 1 Client Company/Address Contact Begin Date End Date University of Arizona 475 N. 3rd St. Phoenix, AZ 85004 Chris Dieterich 6/16/2016 6/29/17 Phone Number Email Address 602-827-2037 cdieterich@email.arizona.edu Project Scope and deliverables, include number of resources engaged in project, timeline of project (major milestones) Level 3 Audio Visual (L3AV) has been working with the University of Arizona since 2011. In June of 2016 the University of Arizona College of Medicine-Phoenix invited us to assist with completing the audiovisual systems design, as well as provide the installation and integration services for the newly constructed University of Arizona, Bioscience Partnership Building (BSPB). The audiovisual systems provided for the Large Combinable Seminar Room, Seminar Room E112, Team Rooms, Meeting Rooms, and the Court yard Space. The systems allow for presentation of various audio and video content for a variety of applications for the University of Arizona faculty, staff, and students. The Level 3 Team worked closely with the University’s Project Manager, General Contractor, Consultant, and the University IT Department Team. Resources engaged in this project included Sales, Design Engineers, approximately a 10-person installation team, integration services (programming), and many “in-house” resources such as project administration, purchasing, warehouse/staging, and accounting services. List job positions provided and technologies utilized to supplement services. x 2 Client Company/Address Contact Begin Date End Date Arizona Department of Health Services 1740 W. Adams St. Phoenix, AZ 85007 Paul Barbeau 5/15/15 09/07/15 Phone Number Email Address Request for Proposal Solicitation No. ADSPO17 -0000 7302 Description: AV Equipment and Services Arizona Department of Administration State Procurement Office 100 N 15th Ave., Suite 402 Phoenix, AZ 85007 PART 3 of the Solicitation Documents Template version 2.0 (01-FEB-2017) SECTION 3-B: Offer Forms Page 23 of 51 3 A v a i l a b l e o n l i n e a t : P r o c u r e . A Z . g o v 602-542-1136 paul.barbeau@azdhs.gov Project Scope and deliverables, include number of resources engaged in project, timeline of project (major milestones) Level 3 Audio Visual has been working with AZDHS since 2013 on different audiovisual projects and equipment requests. In May of 2015 we provided design, installation, and integration services for an upgrade to the AV system in the 1740 W. Adams Basement Level meeting/training space (Room 005) for AZDHS. This included upgrading the existing audiovisual system from SD (Standard Definition/analog) to HD resolution and connectivity. In addition, we added more capability to the video conference system that AZDHS was using. We replaced projectors, upgraded the AV signal routing and control systems, upgraded the audio system processing and teleconferencing capabilities, and provided video conferencing cameras and a “soft-codec interface” to the meeting/training space. List job positions provided and technologies utilized to supplement services. The L3AV Account Executive and Design Engineer worked with the IT Project Manager at AZDHS to come up with a functional design/scope that would meet their needs for the space. Once the PO was received, system drawings were created for the Project Manager and the Field Installation, and Integration (programming) teams. L3AV “in-house” resources such as project administration, purchasing, warehouse/staging, and accounting services were also utilized as well as training and system maintenance. 3 Client Company/Address Contact Begin Date End Date City of Peoria 8850 N. 79th Ave. Peoria, AZ 85345 Edward Striffler 08/14/2015 01/26/2016 Phone Number Email Address 623-773-7721 Ed.Striffler@peoriaaz.gov Project Scope and deliverables, include number of resources engaged in project, timeline of project (major milestones) Request for Proposal Solicitation No. ADSPO17 -0000 7302 Description: AV Equipment and Services Arizona Department of Administration State Procurement Office 100 N 15th Ave., Suite 402 Phoenix, AZ 85007 PART 3 of the Solicitation Documents Template version 2.0 (01-FEB-2017) SECTION 3-B: Offer Forms Page 24 of 51 3 A v a i l a b l e o n l i n e a t : P r o c u r e . A Z . g o v City of Peoria – 3rd Base Social Lounge – Peoria, AZ Level 3 AV has collaborated with the City of Peoria on various projects for over 10 years. We were invited to collaborate with them again in 2015 during the construction of the new 3rd Base Social Lounge. The City of Peoria wanted the social lounge to be a versatile multi-use space. During games, the lounge will be used as a VIP lounge that will allow guests a unique view of the game while providing premium amenities. During the offseason, the lounge is used for various City of Peoria meetings as well as serve as a rentable multi-purpose room. High quality audiovisual technologies are a critical component to the Social lounge and consists of the following program functions. • Spring Training Lounge Mode • Cable TV display and main PA system reinforcement on all displays and the audio system • Presentation Mode • Present video and audio from various sources including owner furnished PC’s, laptop connections, Blu-Ray Player, Cable TV, etc. All content will be able to be presented on all displays and the audio system. • Independent Gaming Mode • Allow for gaming consoles to be connected to four (4) individual displays for independent gaming sessions. Resources in this project included List job positions provided and technologies utilized to supplement services. The L3AV Account Executive and Design Engineer worked closely with the City of Peoria Architectural Services Manager to design a functional audiovisual that would meet their needs for this unique space. Once the PO was received, system drawings were created for the L3AV Project Manager and the Field Installation, and Integration (programming) teams. L3AV’s “in-house” resources such as project administration, purchasing, warehouse/staging, and accounting services were also utilized as well as training and system maintenance. 4 Client Company/Address Contact Begin Date End Date City of Surprise 16000 N. Civic Center Plaza Surprise, AZ 85374 Jacob Abramson 11/2015 6/29/17 Phone Number Email Address 623-222-1423 jacob.abramson@surpriseaz.gov Project Scope and deliverables, include number of resources engaged in project, timeline of project (major milestones) Request for Proposal Solicitation No. ADSPO17 -0000 7302 Description: AV Equipment and Services Arizona Department of Administration State Procurement Office 100 N 15th Ave., Suite 402 Phoenix, AZ 85007 PART 3 of the Solicitation Documents Template version 2.0 (01-FEB-2017) SECTION 3-B: Offer Forms Page 25 of 51 3 A v a i l a b l e o n l i n e a t : P r o c u r e . A Z . g o v City of Surprise-Courtroom, Jury, and Judges Chambers AV Upgrade Project The Level 3 AV Account Executive and Design Engineer started working with the City of Surprise Video Production Coordinator, Jacob, in the Fall of 2015 to provide budgetary proposals and options to upgrade and/or replace the City’s Courtroom AV systems. The budget was approved for the project in September 2016. Updates as well as additions to the previous design & scope were made. We received the PO to begin the project in late February of 2017 with completion by required by June 30th The scope of the project included: • Updating 2 of the current Courtroom AV systems, which included modifying the system to improve the video routing, audio/conferencing sound quality, and updates to the AMX control system/touch panel interface. • Complete replacement of the older AV system in the 3rd Courtroom-This included removing the City’s existing AV system. We replaced displays throughout the courtroom (Jury Box, Judge’s Bench, Defense/Prosecution Desks, General Seating area, etc.). Provided new Video & Audio routing and processing, cabling, AMX Control System, PTZ cameras, Audio/Video Recording capability, • Design and installation of AV systems in the Jury Deliberation and Jury Assembly Rooms for meetings and presentations, which included a display, audio system, PC and DVD connectivity and a control interface. The Judge’s Chambers was given the functionality to view a camera(s) in the 3 Courtrooms from a single display with a windowing processor, and a very simple wall mounted control interface to select the source(s) to view. List job positions provided and technologies utilized to supplement services. The L3AV Account Executive and Design Engineer worked closely with the City of Surprise Video Production and Court Staff to design a functional audiovisual that would meet their needs for both the variety of applications and technology users. Once the PO was received, system drawings were created for the L3AV Project Manager and the Field Installation, and Integration (programming) teams. L3AV’s “in-house” resources such as project administration, purchasing, warehouse/staging, and accounting services were also utilized as well as training and system maintenance. End of Attachment 2-A Request for Proposal Solicitation No. ADSPO17 -0000 7302 Description: AV Equipment and Services Arizona Department of Administration State Procurement Office 100 N 15th Ave., Suite 402 Phoenix, AZ 85007 PART 3 of the Solicitation Documents Template version 2.0 (01-FEB-2017) SECTION 3-B: Offer Forms Page 26 of 51 3 A v a i l a b l e o n l i n e a t : P r o c u r e . A Z . g o v Attachment 2-B Organization Profile RESERVED – NOT UTILIZED FOR THIS RFP End of Attachment 2-B Request for Proposal Solicitation No. ADSPO17 -0000 7302 Description: AV Equipment and Services Arizona Department of Administration State Procurement Office 100 N 15th Ave., Suite 402 Phoenix, AZ 85007 PART 3 of the Solicitation Documents Template version 2.0 (01-FEB-2017) SECTION 3-B: Offer Forms Page 27 of 51 3 A v a i l a b l e o n l i n e a t : P r o c u r e . A Z . g o v Attachment 3-A Method Proposal (Method of Approach) The Offeror shall provide a narrative response to each question that demonstrates their understanding of the Scope of Work requirements and describes your company’s overall method of approach for providing the equipment and services stated in this solicitation. If there is a question that is not applicable to the equipment and services required by the Scope of Work, you may mark it N/A. Question 1: Executive Summary. In the Executive Summary, the Offeror must condense and highlight the contents of their proposal in such a way as to provide the State with a broad understanding of the proposal in no more than five (5) pages. Offerors must provide a concise summary of the proposed products to be utilized in the performance of the project and any proposed services, and how these proposed products and services address the requirements presented in the RFP. Offerors must present a summary of their planned approach, their past successful public sector assignments that mirror the Scope of Work, and highlight the relevant public sector experience and previous projects worked jointly by all proposed key personnel included in the proposal. Offeror Response: Level 3 AV is grateful for the opportunity to offer a proposal for the State of Arizona’s AV Equipment and Services contract. Level 3 AV is an Arizona based corporation specializing in the design, integration, consultation, and installation of professional audiovisual presentation/multi-media systems. Level 3 AV was founded in April of 1996 in response to the ever-growing demand for presentation technology being introduced into the corporate and higher educational environments. Over the years, we have witnessed the ways in which technology has transformed these spaces making them more electronically elaborate, collaborative, informational, and hopefully, easier to use. We understand the importance of completing projects on time and on budget. It is for these reasons we have implemented a quality management program known as AV-9000. This quality management program, created by AQAV, is a set of pre-installation check lists, assessments and measures that begin in the design process and are carried through rack building and termination, in-house staging/commissioning, field installation and onto final post installation testing and commissioning. This process results in a final document detailing our technical findings and proving the system works in accordance of industry standards. Our in-house design and engineering team is trained and certified in AV9000 quality control standards. Having an in-house design and engineering team allows us to use a hands-on approach to enterprise level design/build projects. Our design team is available to work alongside our operations team to deliver you a turnkey solution from conception to delivery. We also can deliver design only services for your organization. With our extensive partnerships with the major audiovisual manufacturers and distributors, we can bring you the expertise and support during the design and implementation phases of the project, but also strive to provide the best pricing to the Agencies and Co-op members. Our employees are required to meet strict guidelines for professional conduct and exceptional workmanship. Our staff features certifications and training issued by recognized industry vendors and associations. Our engineering practices include the effective application of document control, shop/lab testing/validation, and Request for Proposal Solicitation No. ADSPO17 -0000 7302 Description: AV Equipment and Services Arizona Department of Administration State Procurement Office 100 N 15th Ave., Suite 402 Phoenix, AZ 85007 PART 3 of the Solicitation Documents Template version 2.0 (01-FEB-2017) SECTION 3-B: Offer Forms Page 28 of 51 3 A v a i l a b l e o n l i n e a t : P r o c u r e . A Z . g o v exhaustive research conducted on new products, methodologies, and materials. Project management processes feature real-time reporting of progress, exceptional record keeping and communications. All primary systems are built and staged in L3AV’s facility prior to site installation. Within these processes, we conduct a well- documented series of quality control checks. We understand service and support is key to the ongoing success of all our customers. We are committed to delivering quality audiovisual integration and ongoing service. We stand by our quality of work and will do what it takes to ensure our customers’ requirements are met. All maintenance and on call repair for our customers will be managed and scheduled by our dedicated service coordinator staff creating a “one voice, one message” support model. Level 3 Audio Visual is a licensed and bonded contractor with the capacity to carry project specific performance bonds at a reasonable market rate. All work is performed in accordance with the latest revisions of applicable codes and standards including the National Electric Code and local government codes and regulations for construction/building. We invite you to connect with any of our referenced clients. We are proud of the relationships we have built over the years and look forward to providing the agency and Co-op buyers with our ongoing commitment to excellence in the audiovisual industry. Question 2: Customer service for the Eligible Agency or Co-op Buyer representative contacting the Offeror. A. How do you evaluate customer satisfaction? B. How do you make changes to your services based on the feedback you receive, and how often? C. What is the average response time for responding to a client’s question, price quote request or complaint? D. Who handles such questions? E. Do you offer a toll-free customer service number? Please provide the phone number, days of the week and hours of service, and the average hold time during peak hours. F. What systems or software do you utilize to manage accounts? Offeror Response: A. We do not close out a project until the customer is completely satisfied. We ensure this is the case on our projects by requesting our customer sign off on projects during the close out process. B. Here at Level 3 we rely heavily on customer satisfaction for repeat business. This process starts at the beginning of the process in sales engineering. Our focus is understanding our customer expectations. Pinpointing specifics early on allows us to ensure customer satisfaction. We are an ever-evolving company and make changes daily to better service our clients. C. Response time for sales engineering projects dependent on size and complexity is typically 2 weeks from date of request. Complaints are handled immediately by our executive team. Client questions are handled as soon as received. We strive to provide the best possible customer service available. D. Dependent of the question it could be handled by several people including – account executives, engineering, project managers, purchasing and accounting. E. Toll Free #1-877-777-5328 can be reached M-F 8am-5pm (MST) Regular Business Hours. 24-hour service calls #602-930-1100. F. We utilize many verticals for our customer relationship management system consisting of: NetSuite, Office365/SharePoint, and Outlook. Request for Proposal Solicitation No. ADSPO17 -0000 7302 Description: AV Equipment and Services Arizona Department of Administration State Procurement Office 100 N 15th Ave., Suite 402 Phoenix, AZ 85007 PART 3 of the Solicitation Documents Template version 2.0 (01-FEB-2017) SECTION 3-B: Offer Forms Page 29 of 51 3 A v a i l a b l e o n l i n e a t : P r o c u r e . A Z . g o v We also utilize Skype For Business (SFB). We use SFB internally and we also utilize SFB with our customers to review projects, quotes and proposals when conducting a meeting on-site isn’t possible due to tight schedules or for the convenience for everyone to meet “face-to-face” when an on-site meeting isn’t necessary, which saves everyone time and money. For Service related software, depending on the type/complexity of AV System that the customer purchased, our service department can utilize TeamViewer for remote access/support. Question 3: Quality Control A. How do you measure the quality of the AV equipment and services you provide? B. What are your standard delivery days? What is the order cut-off time for next day delivery? Please list and describe any exceptions. C. Do you have any procedures in place to avoid a situation where a client gets offered an end of life AV equipment? D. How do you handle situations where defective or end of life equipment gets delivered to the client? E. For manufacturers, whose products do not offer a 12-month warranty, will a warranty be offered through your company that will protect the equipment? What type of warranty is offered on workmanship of installations? F. How do you balance quick service with effective and accurate service? Offeror Response: A. Level 3 Audio Visual is committed to quality. In fact, our entire reputation is built upon the concept of quality and continual improvement. At Level 3 AV, we have developed and employ a full quality management system based on the AV9000 standard. AV9000 is industry-specific metrics for audio visual technology that directly relates to the success of the design and build phase of our projects. AV9000 uses a set of defined processes and associated checklists used to ensure quality, manage information, and facilitate continual improvement throughout a project. Level 3 is proud to be the West Cost Training facility for AV9000. The AV9000 process directly impacts the quality of all phases of a project. Our AV9000 certified technicians provide an exclusive service to our clients throughout the project lifecycle. AV900 Goals: • Promote the operational art of designing and installing systems that are complete, perform well, and are ready for use by the client. • Establish a common measurement battery of tests that can be applied at key milestones of the AV system development for determining whether a system is progressing satisfactorily or not. • Promote continuous improvement. • Enhance vendor-customer relationships, bridging gaps that may exist. • Reduce costs associated with producing and installing audio visual technology. • Establish “room ready” conditions. AV9000 Benefits Short-Term: • We get to use the facility quicker. • Less change orders (payments plus additional administrative costs). • We get to use the facility without frequently shutting it down for “maintenance” (translation, “punch list corrections”). Request for Proposal Solicitation No. ADSPO17 -0000 7302 Description: AV Equipment and Services Arizona Department of Administration State Procurement Office 100 N 15th Ave., Suite 402 Phoenix, AZ 85007 PART 3 of the Solicitation Documents Template version 2.0 (01-FEB-2017) SECTION 3-B: Offer Forms Page 30 of 51 3 A v a i l a b l e o n l i n e a t : P r o c u r e . A Z . g o v • Omissions found at the last minute adding costs, then requiring expedited shipping costs to ship the right product to the field at the last minute. • Some functions, such as video conferencing, require staff to be at both endpoints, draining hours from staff personnel. • We have fewer revisions on the as-built drawings, saving confusion and errors. • Shorter, more effective operator training with a completely working system with no “revised training” sessions. • We spend less time on the phone or in front of a client dressing-down a vendor for failures to perform. • Less costs for building security while vendor addresses punch list after hours. • Vendor knows our operation better, and can therefore work with us more closely. AV9000 Benefits Long-Term: • Avoids problems with less frequently used functions undiscovered for months after the installation was presumably completed, causing more periods in which the space cannot be used. • Frustration with functions that perform intermittently or never. • Predictable performance and deliverables from each system provided. How do we implement AV9000? • Forms / Checklists. • Discipline. • Test Equipment. Key Checklist Milestones: • Client – Client Performance Specifications (Included in RFP). • L3AV Sales Engineering – Contract Review (CR) and Design and Engineering Review (DR). • L3AV Installation – Staging and Commissioning Checklists (STG) (COM). • L3AV Project Management – Site Ready (SR) and Acceptance (ACC). B. Delivery Days are Monday-Friday. Excluding Holidays. Delivery time frames can vary depending on two scenarios: 1)For Equipment Only Orders- Delivery times will vary based upon availability from the manufacturer/distributor and their geographical location. For example, stocking products in California ship in 2-5 working days after receipt of order. Stocking products in the Central and Eastern parts of the US ship in 5-10 working days after the order is placed. Our manufacturers & distributors will notify us if an item is on backorder. We will then contact the end user to see if they want to wait for the backordered item or replace it with a similar product. Next Day Delivery order cutoff time is 10 a.m. Arizona time. There may be an exception if we can get the order placed with the manufacturer before their Next Day cut off time. 2) For Installation PO’s/Projects-The delivery time for these types of orders will vary depending on a.) the size/complexity of the project, b) how much equipment will need to be ordered (and if there are any custom pieces with longer lead times on that list), and the amount of building, testing, installation, and integration services required for each project. When working with our customers on installation projects, we communicate with them regarding estimated timelines for completion for their project. C. We always strive to quote the most up to date equipment available. We have extensive partnerships with the major audiovisual manufacturers. We conduct meetings weekly with manufacturer sales and engineering representatives as well as our own sales and engineering teams to make sure we are up to date with the newest solutions being offered. Request for Proposal Solicitation No. ADSPO17 -0000 7302 Description: AV Equipment and Services Arizona Department of Administration State Procurement Office 100 N 15th Ave., Suite 402 Phoenix, AZ 85007 PART 3 of the Solicitation Documents Template version 2.0 (01-FEB-2017) SECTION 3-B: Offer Forms Page 31 of 51 3 A v a i l a b l e o n l i n e a t : P r o c u r e . A Z . g o v If we learn a product is discontinued after an order has been placed, we will notify the customer right away. Our goal and hope is that we can substitute the product with the manufacturers direct replacement for the EOL product (and at the same price), and if a direct replacement is not available, we will look for a product that has similar specifications, price point, and communicate the information with the customer/agency. D. For installation projects, our quality assurance program, AV9000, greatly reduces the possibility of defective equipment being delivered to the customer. We stage all projects at our office to avoid such circumstances from happening. In the event the order was an equipment-only order that was shipped direct to the customer, we would work with the client to ensure an RMA is requested and the defective equipment is replaced. Please note (we make a note on our packing/invoicing as well) that if a product is not tested or used right away, but instead sits in a warehouse/stored for more than 30 days, it makes it challenging as the contractor/vendor to go back to the manufacturer or distributor and request a replacement/RMA after that length of time. E. Most of the commercial products provided by Level 3 carry at least a 12-month warranty. L3AV will provide a lifetime warranty on the workmanship of our installations. This warranty includes defects related to workmanship of installed cables, connectors, installation hardware, system programming and commissioning. This warranty does not include normal system/hardware wear and tear or damage to the equipment by others. All equipment supplied by L3AV will feature the manufacturer’s warranty specified for each item. Manufacturer warranties do not cover the cost of on-site diagnosis, removal, shipping, and re-installation of defective equipment. All equipment warranty repairs will be billed at the L3AV state contract labor rate. Level 3 AV will comply with Special Terms and Conditions. F. We rely on our quality assurance system of AV9000 to provide prompt, effective and accurate services. The system of checks and balances assures our clients are receiving the best possible integrated solution on the market. Question 4: Maintenance Services A. Please provide a detailed description of the maintenance plan options that ensure the care of AV systems are encompassing of all supplies and equipment, both hardware and software, to maintain specified function presented in this solicitation. B. What is your range of most common AV equipment maintenance services (preventative for new equipment and for legacy equipment)? C. What types of AV maintenance services have you added in the past three years and will add in the next three years? D. What services have you removed in the last three years? E. What type of software or reporting system do you use for tracking? Offeror Response: A. Available Maintenance/Service Offerings Preventative Maintenance* Our standard maintenance contract keeps your system in the best shape possible and minimizes downtime – especially during those important meetings. The customer can select the number of visits (typically either bi-annual or quarterly). During a preventative check-up visit, our technicians will clean each system component and ensure all hardware is functioning as expected. Our detailed reporting keeps you aware of your current system status, maintenance visit logs, consumables life span (IE: Projector Lamps or Patch Cables), and potential hardware failures before they become a problem. Level 3 Audiovisual keeps the scheduling up to date and will inform you when your next Request for Proposal Solicitation No. ADSPO17 -0000 7302 Description: AV Equipment and Services Arizona Department of Administration State Procurement Office 100 N 15th Ave., Suite 402 Phoenix, AZ 85007 PART 3 of the Solicitation Documents Template version 2.0 (01-FEB-2017) SECTION 3-B: Offer Forms Page 32 of 51 3 A v a i l a b l e o n l i n e a t : P r o c u r e . A Z . g o v service is so you don’t have to think about your maintenance. We call that peace of mind and we think you will agree. “Buy it in Blocks” Prepaid Service Our “Buy it in Blocks” program gives you the ultimate flexibility in break/fix scenarios. Purchase blocks of service hours up front and use them as needed throughout the year. What’s even better about this plan, if you don’t use all of your dollars, they roll over into your next year’s contracted service plan. This is perfect for government agencies and large corporations that need to have a Purchase Order for every service call. Bypass the red tape today and ask us about this exciting offering. Device Subscription Contract Our Device Subscription Contract offers peace of mind that all of your video conferencing, digital signage, and streaming services stay up to date and are maintained. These services have 24/7 support and next day equipment replacement in most cases. Level 3 Audio Visual has partnerships with most major brands so whatever your subscription needs are we can help maintain your services and keep your business productive. We will maintain your subscriptions so you don’t have to. TeamViewer Remote Access for Service & Support Level 3 Audiovisual uses TeamViewer to access the customers computer for support and service. B. Each scheduled maintenance visit shall include the following but not limited to: ➢ Thoroughly clean the equipment rack ➢ Examine and repair cable management, as needed ➢ Examine and repair cable terminations, as needed ➢ Testing and document status of any recording/playback equipment ➢ Update signal flow diagrams, as needed, on L3AV installed systems ➢ Clean or change filters on any LCD/DLP projectors as necessary ➢ Clean lenses on any LCD/DLP projectors ➢ Record lamp and filter hours on LCD/DLP projectors ➢ Clean any panel displays or interactive displays ➢ Verify all inputs and outputs ➢ Verify audio quality ➢ Verify video quality ➢ Document and facilitate the repair or replacement of equipment with any found issues ➢ Update to client contact upon completion of any work performed C. To add more efficiencies and better response time to our customer’s needs, we have added; a. More service technicians to our service team b. We now have a Service Coordinator on staff for quicker-response to scheduling and meeting service needs. c. A dedicated service@L3AV.com email address that distributes to the entire service team. d. A website service portal to create service requests directly from our website. D. We have not removed any services in the past 3 years E. The company transitioned over to NetSuite in January of 2016. This allows central management of sales, service, accounting, ordering and project engineering & implementation. We continually add and develop functionality to this system to create more efficiencies for our team and our customers. Request for Proposal Solicitation No. ADSPO17 -0000 7302 Description: AV Equipment and Services Arizona Department of Administration State Procurement Office 100 N 15th Ave., Suite 402 Phoenix, AZ 85007 PART 3 of the Solicitation Documents Template version 2.0 (01-FEB-2017) SECTION 3-B: Offer Forms Page 33 of 51 3 A v a i l a b l e o n l i n e a t : P r o c u r e . A Z . g o v Question 5: Installation, Integration, Design A. What is included in a typical installation for your current clients? 1. How long is a typical installation? 2. Please identify major variables to the duration of the installation. B. What is included in a typical integration for your current clients? 1. How long is a typical integration? 2. Please identify major variables to the duration of the integration. C. Please list what is included in your typical design services. Offeror Response: A. • After the Account/Sales Executive receives a Purchase Order from the customer, our Project Administrator will assign a Project Manager to administer the project. • An “introduction email” is sent out by the Sales/Account Exec to the customer to introduce the Project Manager to them. • The Project Manager handles all administration and coordination of the project: including equipment and labor control, scheduling and all coordination with client, architect, and consultants. Provide a single point of contact throughout all phases of the project. Develop installation documentation for the assembly and wiring of the audiovisual systems. Document package to include shop drawings that depict signal flow, AV fixture locations and construction detail to convey methods of installation. • Timely purchasing of all audiovisual equipment, software, and materials. Coordination with the various vendors and suppliers. • Acquire and inspect owner furnished equipment specified in this scope of work and equipment list. • Assembly and wiring at L3AV facility of all consoles, control panels, audiovisual equipment cabinets, electronic components, etc. • Custom programming of all control systems, DSP devices, and other electronic components specified in this scope of work and equipment list. • Testing and staging of audiovisual systems at L3AV facility. Review of all system functions and operation. • Regular job site visits to verify dimensions and to coordinate with various trades such as electrical contractors, millwork contractor, general contractor, architect, and interior designers, as required. • Preparation of cable pull drawings. Early delivery of cable, connectors, and wall plates if possible. • Furnish and install all low voltage cable. • Coordination and delivery of the audiovisual systems to job site. • Install all audiovisual components listed in the parts and equipment section of this proposal. Installation techniques and methods used are industry standard best practices. • Complete thorough testing of the audiovisual systems. Test, set levels, balance and equalize the system. • Certification of the audiovisual systems. Acceptance and checkout with the client representatives. • Preparation of as built documentation drawings, owner’s manuals, and operator instructions. Provide a complete Documentation Package of all shop drawings, owner’s manuals, and operator instructions to the client. • Provide training and demonstration sessions for operators, end-users, interested executives and others. Provide training and assistance to the client on the proper use and maintenance of the audiovisual systems B. Integration Services Request for Proposal Solicitation No. ADSPO17 -0000 7302 Description: AV Equipment and Services Arizona Department of Administration State Procurement Office 100 N 15th Ave., Suite 402 Phoenix, AZ 85007 PART 3 of the Solicitation Documents Template version 2.0 (01-FEB-2017) SECTION 3-B: Offer Forms Page 34 of 51 3 A v a i l a b l e o n l i n e a t : P r o c u r e . A Z . g o v • Integration Services brings together all component subsystems into one system, ensuring that subsystems function together as a coordinated whole. This service includes assembly and wiring of audio visual equipment racks and/or customized modification for proper installation into your system. This phase of your AV integration project is typically completed in our 2020,000-sq.t. AV rack- building facility. • Custom control system programming. With our in-house team of dedicated systems programmers, no job is too big or too small. A custom controller branded and designed around the customer vision. We specialize in Crestron and AMX control systems, and have the capacity to integrate any audio, video, switching, conferencing, security, HVAC, lighting, or energy management systems into your facility. • We also provide: o Customized user-interface graphic design and development, using the latest in touch panel and mobile technologies. o Customized DSP programming and configuration for any professional audio DSP system • The duration of integration services varies depending on the size and scope of the project. Programming a single room push button controller could take 1-2 hours versus a project with multiple conference/training spaces with audio/video/conferencing and touch panel control could take 1-2 weeks. If the customer already has a system in place and up-to-date programming that we can work with, that would lessen the amount of integration services required as well. D. Design Services • On-site Visits o The Sales/Account Executives will set up a time for he/she and a L3AV Design Engineer to meet on-site with the customer. We bring our expertise to our customer’s locations to determine precise requirements and deployment of audio visual resources. • Scope of Work o Level 3 AV will provide a complete functional description outlining our customer’s technology objectives and solutions. • In-House Design & Engineering Services o Level 3 AV has an in-house certified team of design and engineers. Our engineering team is trained and certified in AV9000 quality control standards. These quality control guidelines allow us to deliver zero defect systems which align precisely with our customer’s needs, as well as minimizing on-site troubleshooting so the installation goes smoothly. o Having an in-house design and engineering team allows us to use a hands-on approach to design/build projects. Our design engineering team is available to work alongside our operations team to deliver you a turnkey solution from conception to delivery. We also can deliver design only services as well. o Below is a “sampling” of what Level 3 AV will supply with an engineering/design request (Requirements will vary depending on the size/scope of each project): • Schematic Design Development Phase: •Develop narrative programming the functional role of the AV systems in the required spaces as well as budget. Development of floor plan, show device locations. • Coordinate with/assist Electrical Engineer with detailing AV locations, power, and low voltage conduit requirements. Request for Proposal Solicitation No. ADSPO17 -0000 7302 Description: AV Equipment and Services Arizona Department of Administration State Procurement Office 100 N 15th Ave., Suite 402 Phoenix, AZ 85007 PART 3 of the Solicitation Documents Template version 2.0 (01-FEB-2017) SECTION 3-B: Offer Forms Page 35 of 51 3 A v a i l a b l e o n l i n e a t : P r o c u r e . A Z . g o v • Develop preliminary one line diagrams and rack elevations. • Construction/Build Document Phase: •Development of detailed one line diagrams for complete AV systems. •Development of construction details required for AV fixture structural mounting preparation. •Detail development for wall and floor panel/box layout. •Develop a complete specification and equipment schedule. •Meeting and conference participation with general contractor, architect, owner’s representative, and other team members. Question 6: Training A. Please provide a detailed description of the training approach and how knowledge in correlation to AV equipment will be transferred to the end-user B. What is included in your user/operator training that is conducted right after the AV equipment installation is complete? C. How long is your typical user/operator training? D. What is included in your Formal Classroom Training? E. How does the Formal Classroom Training differ from the user/operator training? Offeror Response: There are 2 different scenarios when it comes to the training that Level 3 provides to our customers: • Operator/System Training-This is the training that is provided when we have installed a system such as a presentation system with audio, video display/projector, system control, etc. When the installation is complete, the project manager will coordinate a training time with the customer main point of contact(s). The length of the training may vary depending on the complexity of the system, and how many people will be traine d on the operation of the system. Reviewing what each piece of the equipment does and teaching how to operate each piece of equipment is provided. A binder with all the product documentation, including warranty information is provided during the training. • Formal Classroom Training: This type of training is provided mostly with the interactive whiteboard products and classroom response systems. There is a lot of hardware and software components to these products, so training can be anywhere from one (one) hour to 6 (six) hours or more, depending on the product as well as how much time the end user would like to spend on training. End of Attachment 3-A Request for Proposal Solicitation No. ADSPO17 -0000 7302 Description: AV Equipment and Services Arizona Department of Administration State Procurement Office 100 N 15th Ave., Suite 402 Phoenix, AZ 85007 PART 3 of the Solicitation Documents Template version 2.0 (01-FEB-2017) SECTION 3-B: Offer Forms Page 36 of 51 3 A v a i l a b l e o n l i n e a t : P r o c u r e . A Z . g o v Attachment 3-B Key Personnel Proposal Answer all questions thoroughly in the spaces provided. Complete this form in full for each one of the key personnel proposed to be involved in carrying out the Work. Insert or attach a separate resume if desired, but any attached resumes are supplemental to this form and do not substitute for this form. If there are more than three (3) Key Personnel, please utilize the same form for each additional Personnel. 1 Name: Lisa Hale How long with company? x 17 years Current position in company: Chief Administrative Officer How long in position? 4 years Position for the Services: Accounting & Usage Reporting How much of time will be dedicated to the Services? 20 % What primary functions will be assigned? As CAO, Lisa oversees the Accounting Department (Payables & Receivables). Lisa also assists with managing and submitting the quarterly usage report, and submittal of the Co-Op Administrative Fee. Lisa also handles insurance Describe person’s experience in performing services like those that are to be assigned: • Lisa has been with Level 3 AV for 17 years. • In the 11 years that the company has been on the AZ State Contract, Lisa has been involved with all functions of administration, accounting, and HR. • Lisa’s current title is Chief Administrative Officer. After managing all the above functions for over 11 years, Lisa has created many processes, and now oversees a team of staff to assist with the administrative and accounting needs for our company operations and contract management. List person’s job-related training and education: • College - Rio Salado and Phoenix College with a focus on Human Resources and Operations Management. • Trained twice a week for 3+ years with accountant to learn correct accounting practices as it relates to install contracting work. • Trained and worked directly with a B2B CFO for 4+ years focusing on financials, budgeting, cash flow, and administrative processes. Resume: filename Request for Proposal Solicitation No. ADSPO17 -0000 7302 Description: AV Equipment and Services Arizona Department of Administration State Procurement Office 100 N 15th Ave., Suite 402 Phoenix, AZ 85007 PART 3 of the Solicitation Documents Template version 2.0 (01-FEB-2017) SECTION 3-B: Offer Forms Page 37 of 51 3 A v a i l a b l e o n l i n e a t : P r o c u r e . A Z . g o v 2 Name: Julianna Belcamino How long with company? 11 Years Current position in company: Account Executive How long in position? 11 Years Position for the Services: Contract Administrator How much of time will be dedicated to the Services? 75 % What primary functions will be assigned? During the current contract period, Julianna is responsible for submitting the proposal, and managing the contract after award. She will be responsible for educating sales and other departments on the utilization of the contract. This includes compliance with the pricing & discount structure, proper quoting, shipping & delivery, and invoicing & usage reporting. Responsible for marketing and producing sales under the contract. Marketing of the contract will be by face-to-face contact with new and current end users, trade shows, and product demonstrations. Julianna has 21 years of experience assisting with, and/or being the lead contract manager of previous Arizona State Contracts for Audio/Visual Services as well as other state cooperative purchasing contracts. Describe person’s experience in performing services like those that are to be assigned: Julianna has been an Account Executive in the audiovisual industry for 21 years. She has worked with the Arizona State Contract for AV Equipment & Services in some capacity for those 21 years. Julianna brought her experience with the State Contract and many customer relationships, and created the Gov/Ed division for Level 3 Audio Visual 11 years ago. She has managed the State Contract for Level 3 AV for all 11 years. List person’s job-related training and education: Education- College: California State University, Chico Bachelor of Science in Business Admin-Marketing AV Education: Infocomm (ICIA) AV Technologist Certificate Extron Certified AV Associate Polycom RealPresence Certification Work Experience- Account Executive-Level 3 Audio Visual July 2006-Present Account Exec./Product Specialist-CCS Presentation Systems July 2003-June 2006 Account Executive/Inside Sales/Sales Support-Troxell Communications-June 1996-June 2003 Resume: filename Request for Proposal Solicitation No. ADSPO17 -0000 7302 Description: AV Equipment and Services Arizona Department of Administration State Procurement Office 100 N 15th Ave., Suite 402 Phoenix, AZ 85007 PART 3 of the Solicitation Documents Template version 2.0 (01-FEB-2017) SECTION 3-B: Offer Forms Page 38 of 51 3 A v a i l a b l e o n l i n e a t : P r o c u r e . A Z . g o v 3 Name: Wendy Reyes How long with company? 12 Years Current position in company: Purchasing Manager How long in positon? 12 Years Position for the Services: Purchasing & Customer Service How much of time will be dedicated to the Services? 50 % What primary functions will be assigned? Wendy processes all orders that are received. Wendy confirms product pricing, and places the orders with the various manufacturers and distributors. Wendy also tracks the orders to ensure the customer receives their order in a timely manner, and works with customer requests for tracking/ETA and any return/RMA requests. Wendy also assists the customers and our sales and accounting team with providing copies of invoices if requested by the customer/agency. Describe person’s experience in performing services like those that are to be assigned: Wendy has performed the services/functions related to the State Contract Administration for the 11 years that Level 3AV has been on Arizona State Contract. List person’s job-related training and education: Education: Legal Secretary Study’s ● Phoenix College – Phoenix, AZ General Studies ● Mesa Community College – Mesa, AZ Work Experience: QuickBooks, NetSuite, Transcribing, Fingerprint Certification, 10-key Touch, Microsoft programs including Word, Excel, PowerPoint, Publisher, Access, and Office 365. Resume: filename End of Attachment 3-B Request for Proposal Solicitation No. ADSPO17 -0000 7302 Description: AV Equipment and Services Arizona Department of Administration State Procurement Office 100 N 15th Ave., Suite 402 Phoenix, AZ 85007 PART 3 of the Solicitation Documents Template version 2.0 (01-FEB-2017) SECTION 3-B: Offer Forms Page 39 of 51 3 A v a i l a b l e o n l i n e a t : P r o c u r e . A Z . g o v Attachment 3-C Proposed Subcontractors Check “NO” if you WILL NOT subcontract any portion of the Work and will therefore be carrying out all of the Work with your own personnel. NO, the Offeror will not subcontract any portion of the Work. If you WILL subcontract any portion of the Work, check “YES” below and list name of persons or companies you propose to use as subcontractors. 1. Fill in the information for every significant subcontractor – indicate the type of work the subcontractor will perform under the Contract, and their approximate percentage of the total Contract work. 2. Provide copies of relevant certifications each one possesses in the Attachment Supplements section. 3. Provide description of quality assurance methods and quality control measures that you will use to ensure that Subcontractor work meets the Contract requirements. 4. State may demand additional information about proposed subcontractors as a precondition of award. YES, the Offeror will use the Subcontractors listed below: Name and contact information Small Business Work to be performed % 1. Pathway Code – Ben Campagnola 550 W Baseline Rd Ste 102-290 Mesa, AZ YES Programming Assistance (i.e. Crestron, AMX) 5 1. GreenPoint TDI – Scott Samsal - #602- 769-8929 4980 S Alma School Rd Ste A2-127 Chandler, AZ YES Programming Assistance (i.e. Crestron, AMX) 5 2. JP Systems Integration LLC 1315 E Sierra Madre Ave Gilbert, AZ YES Programming Assistance (i.e. Crestron, AMX) 5 3. Name select 4. Name select 5. Name select 6. Name select 7. Name select 8. Name select 9. Name select End of Attachment 3-C Request for Proposal Solicitation No. ADSPO17 -0000 7302 Description: AV Equipment and Services Arizona Department of Administration State Procurement Office 100 N 15th Ave., Suite 402 Phoenix, AZ 85007 PART 3 of the Solicitation Documents Template version 2.0 (01-FEB-2017) SECTION 3-B: Offer Forms Page 40 of 51 3 A v a i l a b l e o n l i n e a t : P r o c u r e . A Z . g o v Attachment 3-D Performance Guarantee RESERVED – NOT UTILIZED FOR THIS RFP End of Attachment 3-D Request for Proposal Solicitation No. ADSPO17 -0000 7302 Description: AV Equipment and Services Arizona Department of Administration State Procurement Office 100 N 15th Ave., Suite 402 Phoenix, AZ 85007 PART 3 of the Solicitation Documents Template version 2.0 (01-FEB-2017) SECTION 3-B: Offer Forms Page 41 of 51 3 A v a i l a b l e o n l i n e a t : P r o c u r e . A Z . g o v Attachment 3-E Boycott of Israel Disclosure All materials submitted as part of a response to a solicitation are subject to Arizona public records law and will be disclosed if there is an appropriate public records request at the time of or after the award of the contract. Recently legislation has been enacted to prohibit the state from contracting with companies currently engaged in a boycott of Israel. To ensure compliance with A.R.S. §35-393.01. This form must be completed and returned with the response to the solicitation and any supporting information to assist the State in making its determination of compliance. As defined by A.R.S. §35-393.01: 1. "Boycott" means engaging in a refusal to deal, terminating business activities, or performing other actions that are intended to limit commercial relations with Israel or with persons or entities doing business in Israel or in territories controlled by I srael, if those actions are taken either: (a) In compliance with or adherence to calls for a boycott of Israel other than those boycotts to which 50 United States Code section 4607(c) applies. (b) In a manner that discriminates on the basis of nationality, national origin or religion and that is not based on a valid business reason. 2. "Company" means a sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, limited liability company or other entity or business association, and includes a wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate. 3. "Direct holdings" means all publicly traded securities of a company that are held directly by the state treasurer or a ret irement system in an actively managed account or fund in which the retirement system owns all shares or interests. 4. "Indirect holdings" means all securities of a company that are held in an account or fund, including a mutual fund, that is managed by one or more persons who are not employed by the state treasurer or a retirement system, if the state treasurer or retirement system owns shares or interests either: (a) together with other investors that are not subject to this section. (b) that are held in an index fund. 5. "Public entity" means this State, a political subdivision of this State or an agency, board, commission or department of this State or a political subdivision of this State. 6. "Public fund" means the state treasurer or a retirement system. 7. "Restricted companies" means companies that boycott Israel. 8. "Retirement system" means a retirement plan or system that is established by or pursuant to title 38. All offerors must select one of the following: X My company does not participate in, and agrees not to participate in during the term of the contract , a boycott of Israel in accordance with A.R.S. §35-393.01. I understand that my entire response will become public record in accordance with A.A.C. R2-7-C317. My company does participate in a boycott of Israel as defined by A.R.S. §35-393.01. By submitting this response, proposer agrees to indemnify and hold the State, its agents and employees, harmless from any claims or causes of action relating to the State’s action based upon reliance on the above representations, including the payment of all costs and attorney fees incurred by the State in defending such an action. Company Name Signature of Person Authorized to Sign Level 3 Audio Visual Address: 955 E Javelina Ave Ste B106 Printed Name: Julianna Belcamino City: Mesa State: AZ Zip: 85204 Title: Account Executive Request for Proposal Solicitation No. ADSPO17 -0000 7302 Description: AV Equipment and Services Arizona Department of Administration State Procurement Office 100 N 15th Ave., Suite 402 Phoenix, AZ 85007 PART 3 of the Solicitation Documents Template version 2.0 (01-FEB-2017) SECTION 3-B: Offer Forms Page 42 of 51 3 A v a i l a b l e o n l i n e a t : P r o c u r e . A Z . g o v End of Attachment 3-E Request for Proposal Solicitation No. ADSPO17 -0000 7302 Description: AV Equipment and Services Arizona Department of Administration State Procurement Office 100 N 15th Ave., Suite 402 Phoenix, AZ 85007 PART 3 of the Solicitation Documents Template version 2.0 (01-FEB-2017) SECTION 3-B: Offer Forms Page 43 of 51 3 A v a i l a b l e o n l i n e a t : P r o c u r e . A Z . g o v Attachment 4 Pricing Sheet Offeror to provide pricing information in the Excel document “ADSPO17-00007302_Attachment 4 Pricing Sheet” provided within ProcureAZ. Offeror should also provide hourly prices for AV services within ProcureAZ. Request for Proposal Solicitation No. ADSPO17 -0000 7302 Description: AV Equipment and Services Arizona Department of Administration State Procurement Office 100 N 15th Ave., Suite 402 Phoenix, AZ 85007 PART 3 of the Solicitation Documents Template version 2.0 (01-FEB-2017) SECTION 3-B: Offer Forms Page 44 of 51 3 A v a i l a b l e o n l i n e a t : P r o c u r e . A Z . g o v Attachment 5-A Confidential Information Designation All materials submitted as part of a response to a solicitation are subject to Arizona public records law and will be disclosed if there is an appropriate public records request at the time of or after the award of the contract. Recognizing there may be materials included in a solicitation response that are proprietary or a trade secret, a process is set out in A.A.C. R2-7-103 (copy attached) that will allow qualifying materials to be designated as confidential and excluded from disclosure. For purposes of this process the definition of “trade secret” will be the same as that set out in A.A.C. R2-7-101(52). Complete this form return it with your Offer along with the appropriate supporting information to assist State in making its determination as to whether any of the materials submitted as part of your Offer should be designated confidential because the material is proprietary or a trade secret and therefore not subject to disclosure. STATE WILL NOT CONSIDER ANY MATERIAL IN YOUR OFFER “CONFIDENTIAL” UNLESS DESIGNATED ON THIS FORM. Check one of the following – if neither is checked, State will assume that as equivalent to “DOES NOT”: This response DOES NOT contain proprietary or trade secret information. I understand that my entire response will become public record in accordance with A.A.C. R2-7-C317. This response DOES contain trade secret information because it contains information that: 1. Is a formula, pattern, compilation, program, device, method, technique or process, AND 2. Derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use; AND 3. Is the subject of efforts by myself or my organization that are reasonable under the circu mstances to maintain its secrecy. NOTE: Failure to attach an explanation may result in a determination that the information does not meet the statutory trade secret definition. All information that does not meet the definition of trade secret as defined by A.A.C. R2 -7- 101(52) will become public in accordance with A.A.C. R2-7-C317. State may make its own determination on materials in accordance with A.A.C. R2-7-103. If State agrees with Offeror’s designation of trade secret or confidentiality and the determination is challenged, the undersigned hereby agrees to cooperate and support the defense of the determination with all interested parties, including legal counsel or other necessary assistance. By submitting this response, Offeror agrees that the entire Offer, including confidential, trade secret and proprietary information may be shared with an evaluation committee and technical advisors during the evaluation process. Offeror agrees to indemnify and hold State, its agents and employees, harmless from any claims or causes of action relating to State’s withholding of information based upon reliance on the above representations, including the payment of all costs and attorney fees incurred by State in defending such an action. Level 3 Audio Visual Offeror Company Name Signature of Authorized Person 955 E Javelina Ave Ste B106 Julianna Belcamino Address Printed Name Mesa, AZ 85204 Account Executive City State Zip Title End of Attachment 5-A Request for Proposal Solicitation No. ADSPO17 -0000 7302 Description: AV Equipment and Services Arizona Department of Administration State Procurement Office 100 N 15th Ave., Suite 402 Phoenix, AZ 85007 PART 3 of the Solicitation Documents Template version 2.0 (01-FEB-2017) SECTION 3-B: Offer Forms Page 45 of 51 3 A v a i l a b l e o n l i n e a t : P r o c u r e . A Z . g o v Copy of A.A.C. R2-7-103 [Confidential Information] as was current at time of Solicitation issuance PROVIDED FOR REFERENCE ONLY A. If a person wants to assert that a person's offer, specification, or protest contains a trade secret or other proprietary information, a person shall include with the submission a statement supporting this assertion. A person shall clearly designate any trade secret and other proprietary information, using the term "confidential". Contract terms and conditions, pricing, and information generally available to the public are not considered confidential information under this Section. B. Until a final determination is made under subsection (C), an agency chief procurement officer shall not disclose information designated as confidential under subsection (A) except to those individuals deemed by an agency chief procurement officer to have a legitimate state interest. C. Upon receipt of a submission, an agency chief procurement officer shall make one of the following written determinations: 1. The designated information is confidential and the agency chief procurement officer shall not disclose the information except to those individuals deemed by the agency chief procurement officer to have a legitimate state interest; 2. The designated information is not confidential; or 3. Additional information is required before a final confidentiality determination can be made. D. If an agency chief procurement officer determines that information submitted is not confidential, a person who made the submission shall be notified in writing. The notice shall include a time period for requesting a review of the determination by the state procurement administrator. E. An agency chief procurement officer may release information designated as confidential under subsection (A) if: 1. A request for review is not received by the state procurement administrato r within the time period specified in the notice; or 2. The state procurement administrator, after review, makes a written determination that the designated information is not confidential. - - - Request for Proposal Solicitation No. ADSPO17 -0000 7302 Description: AV Equipment and Services Arizona Department of Administration State Procurement Office 100 N 15th Ave., Suite 402 Phoenix, AZ 85007 PART 3 of the Solicitation Documents Template version 2.0 (01-FEB-2017) SECTION 3-B: Offer Forms Page 46 of 51 3 A v a i l a b l e o n l i n e a t : P r o c u r e . A Z . g o v Attachment 5-B Conformance Statements STATE WILL NOT CONSIDER ANY EXCEPTIONS UNLESS DESIGNATED ON THIS FORM. READ PARAGRAPH 0 OF THE INSTRUCTIONS TO OFFERORS BEFORE TAKING ANY EXCEPTIONS – TAKING EXCEPTIONS CAN BE GROUNDS FOR STATE REJECTING OR DOWN-GRADING YOUR OFFER IN EVALUATION. CONFORMANCE TO THE INSTRUCTIONS: (PART 3 OF THE SOLICITATION) Check one of the following – if neither is checked, State will assume that as equivalent to “YES”: YES – Offeror acknowledges that it has read and understands the Instructions to Offerors in Section 3- A of the Solicitation Documents and attests that its Offer complies with both. NO – Offeror acknowledges that it has read and understands the Instructions to Offerors in Section 3-A of the Solicitation Documents, and attests that its Offer complies with both EXCEPT FOR the exceptions listed in Attachment 5-B Supplement 1. CONFORMANCE TO THE SCOPE AND PRICING DOCUMENTS: (PART 2 OF THE SOLICITATION) Check one of the following – if neither is checked, State will assume that as equivalent to “YES”: YES – Offeror acknowledges that it has read and understands the Scope Document and the Pricing Document in Part 2 of the Solicitation Documents and attests that its Offer complies with both. NO – Offeror acknowledges that it has read and understands the Scope Document and the Pricing Document in Part 2 of the Solicitation Documents and attests that its Offer complies with both EXCEPT FOR the exceptions listed in Attachment 5-B Supplement 2. CONFORMANCE TO THE CONTRACT TERMS AND CONDITIONS: (PART 2 OF THE SOLICITATION) Check one of the following – if neither is checked, State will assume that as equivalent to “YES”: YES – Offeror acknowledges that it has read and understands the Special Terms and Conditions and the Uniform Terms and Conditions, along with their respective Exhibits and Appendices, in Part 2 of the Solicitation Documents and attests that its Offer complies with both.  NO – Offeror acknowledges that it has read and understand the Special Terms and Conditions and the Uniform Terms and Conditions, along with their respective Exhibits and Appendices in Part 2 of the Solicitation Documents and attests that its Offer complies with both EXCEPT FOR the exceptions listed in Attachment 5-B Supplement 3. Request for Proposal Solicitation No. ADSPO17 -0000 7302 Description: AV Equipment and Services Arizona Department of Administration State Procurement Office 100 N 15th Ave., Suite 402 Phoenix, AZ 85007 PART 3 of the Solicitation Documents Template version 2.0 (01-FEB-2017) SECTION 3-B: Offer Forms Page 47 of 51 3 A v a i l a b l e o n l i n e a t : P r o c u r e . A Z . g o v ATTACHMENT 5-B Supplement No. 1: Exceptions to Instructions Article / Paragraph or Exhibit Reference Proposed Changes / Alternate Language Rationale for Proposed Change Section 3-A: Instructions to Offerors x None x x x x x x x Level 3 Audio Visual Company Name Signature of Person Authorized to Sign Request for Proposal Solicitation No. ADSPO17 -0000 7302 Description: AV Equipment and Services Arizona Department of Administration State Procurement Office 100 N 15th Ave., Suite 402 Phoenix, AZ 85007 PART 3 of the Solicitation Documents Template version 2.0 (01-FEB-2017) SECTION 3-B: Offer Forms Page 48 of 51 3 A v a i l a b l e o n l i n e a t : P r o c u r e . A Z . g o v ATTACHMENT 5-B Supplement No. 2: Exceptions to Scope of Work and Pricing Article / Paragraph or Exhibit Reference Proposed Changes / Alternate Language Rationale for Proposed Change Section 2-A: Scope of Work x None x x x x x x x x x x x x x Section 2-B: Pricing Document x None x x x x x x x x x x x X x Level 3 Audio Visual Company Name Signature of Person Authorized to Sign Request for Proposal Solicitation No. ADSPO17 -0000 7302 Description: AV Equipment and Services Arizona Department of Administration State Procurement Office 100 N 15th Ave., Suite 402 Phoenix, AZ 85007 PART 3 of the Solicitation Documents Template version 2.0 (01-FEB-2017) SECTION 3-B: Offer Forms Page 49 of 51 3 A v a i l a b l e o n l i n e a t : P r o c u r e . A Z . g o v ATTACHMENT 5-B Supplement No. 3: Exceptions to Contract Terms & Conditions Article/ Paragraph or Exhibit Reference Proposed Changes / Alternate Language Rationale for Proposed Change Section 3-A: Special Terms & Conditions x None x x x x x x x x x x x x x Article/ Paragraph or Appendix Reference Proposed Changes / Alternate Language Rationale for Proposed Change Section 3-B: Uniform Terms & Conditions x None x x x x x x x Level 3 Audio Visual Company Name Signature of Person Authorized to Sign End of Attachment 5-B Request for Proposal Solicitation No. ADSPO17 -0000 7302 Description: AV Equipment and Services Arizona Department of Administration State Procurement Office 100 N 15th Ave., Suite 402 Phoenix, AZ 85007 PART 3 of the Solicitation Documents Template version 2.0 (01-FEB-2017) SECTION 3-B: Offer Forms Page 50 of 51 3 A v a i l a b l e o n l i n e a t : P r o c u r e . A Z . g o v Attachment 5-C Insurance and Bonding Evidence Please provide a copy of your current insurance certificate that meets or exceeds the requirements set forth in Special Terms and Conditions, Section 6.2, Contractor Insurance Requirements. End of Attachment 5-C Request for Proposal Solicitation No. ADSPO17 -0000 7302 Description: AV Equipment and Services Arizona Department of Administration State Procurement Office 100 N 15th Ave., Suite 402 Phoenix, AZ 85007 PART 3 of the Solicitation Documents Template version 2.0 (01-FEB-2017) SECTION 3-B: Offer Forms Page 51 of 51 3 A v a i l a b l e o n l i n e a t : P r o c u r e . A Z . g o v Attachment 5-D Offer Checklist STATE MAY DETERMINE YOUR PROPOSAL IS NON-RESPONSIVE IF YOU DO NOT SUBMIT ALL ATTACHMENTS. DOCUMENT SUBMITTED 1. Attachment 1: Offer and Acceptance Form YES no 2. Attachment 2-A: Experience and Capacity Questionnaire YES no 3. Attachment 2-B: Organization Profile YES no 4. Attachment 3-A: Method Proposal YES no 5. Attachment 3-B: Key Personnel Proposal YES no 6. Attachment 3-C: Proposed Subcontractors YES no 7. Attachment 3-D: Performance Guarantee YES no 8. Attachment 3-E: Israel Boycott Disclosure YES no 9. Attachment 4: Pricing Sheet YES no 10. Attachment 5-A: Confidential Information Designation YES no 11. Attachment 5-B: Conformance Statements YES no 12. Attachment 5-C: Insurance and Bonding Evidence YES no 13. Attachment 5-D: Offer Checklist YES no End of Attachment 5-D End of Part 3 Contract Amendment State of Arizona State Procurement Office Contract No.: ADSPO17-184597 PAGE 100 N. 15TH Avenue, Suite 402 Amendment No.: One (1) 1 OF 1 Phoenix, AZ 85007 CONTRACTOR: STATE AGENCY: Level 3 AudioVisual AZ Department of Administration 955 E Javelina Ave, Ste B108 State Procurement Office Mesa, AZ 85204 100 N. 15th Avenue, Suite 402 Phoenix, AZ 85007 CONTACT: Julianna Belcamino CONTACT: Deepika Bajpayee PHONE: 602.369.5030 PHONE: (602) 542-8991 EMAIL: jbelcamino@L3AV.com EMAIL: Deepika.Bajpayee@azdoa.gov AV Equipment and Services In accordance with Special Terms and Conditions Paragraph 5.1, Contract Amendments, the above mentioned contract is hereby amended as follows: 1. This is a Unilateral contract amendment. The Procurement Officer for this contract approves the Contractor, Level 3 AudioVisual, to list the AV Equipment and Services Statewide Contract number ADSPO17-184597 on their website for marketing purposes (image of the Contractor’s website with this Statewide Contract number listed is shown below). 2. All other Terms, Conditions, and Pricing remain the same. The above referenced contract amendment is hereby executed this date by the State. 12/20/2017 Signature Date Deepika Bajpayee, Statewide Procurement Manager ______________________________________________ Printed/Typed Name and Title Contract Amendment AZ DEPT. OF ADMINISTRATION STATE PROCUREMENT OFFICE CONTRACT NO.: ADSPO17-184597 PAGE 1 100 N. 15TH AVE., STE. 402 Phoenix, AZ 85007 AMENDMENT NO.: 2 OF 1 CONTRACTOR: STATE AGENCY: LEVEL 3 AUDIO VISUAL LLC AZ Department of Administration (ADOA) 955 E. Javelina Ave. Suite B106 Mesa, AZ 85204 State Procurement Office 100 N. 15th Ave. Ste.402 Phoenix, AZ 85007 CONTACT: Julianna Belcamino CONTACT: Michael Hladik PHONE: (480) 892-1071 PHONE: 602-542-9190 EM AIL: Jbosso@L3AV.com EMAIL: Michael.hladik@azdoa.gov AV EQUIPMENT AND SERVICES 1. In. accordance with, Special Terms and Conditions, Paragraph 3, Contract Extensions, the contract is hereby extended from October 15, 2018 through October 15, 2019. All other terms, conditions and provisions remain unchanged ALL OTHER REQUIREMENTS, SPECIFICATIONS, TERMS AND CONDITIONS REMAIN UNCHANGED ACKNOWLEDGEMENT AND AUTHORIZATION This change order shall be fully executed upon the approval electronically in ProcureAZ by an authorized representative of the Contractor and applied to the contract in ProcureAZ by the Procurement Officer or delegate. Available online at Procure.AZ.gov Page | 1 Contract Amendment Arizona Department of Administration State Procurement Office 100 N. 15th Avenue, Suite 402 Phoenix, AZ 85007 Legacy Contract: ADSPO17-184597 CTR030144 APP Amendment #2 ACKNOWLEDGEMENT AND AUTHORIZATION This amendment shall be fully executed upon the electronic approval in the State e-Procurement system by the Procurement Officer or delegate. Available online at app.az.gov Page | 1 AV Equipment and Services Level 3 Audio Visual, LLC. In accordance with the Uniform Terms and Conditions, Paragraph 5, Contract Changes, this contract is amended as follows: 1. In accordance with Special Terms and Conditions, Section 3.2, Contract Extensions, the contract is hereby extended through October 15, 2021. ALL OTHER REQUIREMENTS, SPECIFICATIONS, TERMS AND CONDITIONS REMAIN UNCHANGED Professional Systems Integration Proposal 2021 Community Center AV Upgrades Fountain Hills, AZ Submitted To Mike Ciccarone Information Technology Administrator Submitted By Zachary Toporek Level 3 Audio Visual 955 East Javelina Ave. Ste. B-106 Mesa, Arizona 85204 480-892-1071 www.L3AV.com ROC AZ 189013 AZ State Contract #ADSP017-184597 VERSION: 1.0 May 17, 2021 EXHIBIT B Page | 2 Table of Contents Page 1.0 Executive Summary ............................................................................................. 3 2.0 Monitoring and Data Analytics ........................................................................... 3 3.0 Description of System – Ballroom ...................................................................... 4 4.0 Description of System – Lobby .......................................................................... 8 5.0 Description of System – Conference, O’Flynn, Navajo, and Computer Lab .. 9 6.0 Description of System – Yavapai Room ............... Error! Bookmark not defined. 7.0 Description of System – Hopi Room ..................... Error! Bookmark not defined. 8.0 Performance Specifications .............................................................................. 10 9.0 Schedule for Delivery ......................................................................................... 10 10.0 Scope of Work - General .................................................................................... 11 11.0 Assumptions ....................................................................................................... 12 12.0 Exclusions........................................................................................................... 13 13.0 System Warranty ................................................................................................ 13 14.0 Maintenance and Support ................................................................................. 13 15.0 Parts & Equipment ............................................................................................. 16 16.0 AV System Project Cost .................................................................................... 17 17.0 Additional Services (if required) ....................................................................... 18 18.0 Standard Rate Schedule .................................................................................... 18 19.0 Job Quality .......................................................................................................... 18 20.0 Project Management .......................................................................................... 19 21.0 Standards & Compliance ................................................................................... 19 22.0 Work Schedule ................................................................................................... 19 23.0 System Testing & Evaluation ............................................................................ 19 24.0 Availability of Information ................................................................................. 20 25.0 Site Access ......................................................................................................... 20 26.0 Coordination with other trades ......................................................................... 20 27.0 Unforeseen hazards ........................................................................................... 20 28.0 Use of this document ......................................................................................... 20 29.0 Payment schedule .............................................................................................. 21 30.0 Design Approval / Proposal Acceptance ......................................................... 21 Page | 3 REVISION HISTORY Version Date Notes 1.0 05/12/21 First Submittal 1.0 EXECUTIVE SUMMARY 1.1. This document represents the complete scope of work to be performed. Please ensure it has been reviewed thoroughly prior to acceptance. Additional hardware or services required to accommodate changes to this scope of work after acceptance will be presented as a contract change order. 1.2. Special Note: Covid-19 may affect manpower, supply delays and operating schedules. Should any changes occur, we will notify you immediately. Level 3 AV is taking every measure to assure the health and safety of our employees and clients alike. 1.3. Due to the current global supply chain challenges affecting many industries, lead times for many products has increased and may impact project delivery schedules. We are also seeing pricing increases with little notice. Once this proposal is approved, orders will be placed to provide the best chance of getting product in a timely manner and secure current pricing. If products included in this proposal are not available, L3AV will advise on suitable and available replacement items. Increases or decreases in cost structure due to changes in hardware or pricing changes from suppliers will be presented on a contract change order. As a reminder, pricing on this proposal is valid for 30 days. 1.4. Remote access for technical support: This system includes a computer (Intel NUC) to be used for remote access into the AV systems by Level 3 AV remote service technicians. This provides faster response to solve issues when reported to our service team. Network access for TeamViewer remote software must be provided by the client IT department for this system feature. 2.0 MONITORING AND DATA ANALYTICS 2.1. By request, this proposal may be enhanced to include a comprehensive scope related to gathering data from all the technology systems. If interested, please work with a specialist at Level 3 AV to define your requirements. Data collection would support the following activities: 2.1.1. Proactive monitoring/alerts to identify device and system failures (Level 3 or Client help desk monitored) 2.1.2. L3Connect helpdesk and QR reader support structure 2.1.3. L3Connect video and chat support 2.1.4. System health dashboard by Pulse IDM 2.1.5. Data analysis/analytics 2.2. Data collection and analytics can provide IT and facility management information to make future technology decisions. The data can assist with: 2.2.1. Q: How often are my rooms occupied vs. booked? Page | 4 2.2.2. Q: What technology is used within monitored spaces? 2.2.3. Q: What is the current occupancy of my rooms? 2.2.4. Managing people flow through spaces 2.2.5. Informed workspace planning 2.2.6. Realtime monitoring / user support 2.2.7. Usage performance analytics 2.3. If specific hardware products allow for a cloud connection to a monitoring service as part of the included costs, the setup of the service accounts is included only if specifically described in later sections. 3.0 DESCRIPTION OF SYSTEM – BALLROOM 3.1. Functional Description and Narrative: 3.1.1. The ballroom consists of four individual spaces that can combine into a single large space as required. 3.1.2. This is an audio only system 3.1.3. An owner provided background music player will be provided to offer a general source for each space. 3.1.3.1. This will be controlled by the owner via pandora or similar service. 3.1.4. Each space shall be fitted with a wall mounted Bluetooth receiver with pairing button. 3.1.4.1. The customer is responsible for providing a single gang deep JBOX with cable routed to accessible ceiling to accommodate this input. 3.1.5. Each space shall be provided with four wireless handheld microphones. 3.1.5.1. Each mic will be locally reinforced in the ceiling speakers. 3.1.6. Audio conference is provided for each space via “VOIP” interface in the main rack system. 3.1.6.1. Microphones can be used for audio conferencing as needed. 3.1.6.2. VOIP connections will be required at the rack from the client network. Special coordination is required from IT/telco staff and L3AV to properly configure and register the audio system as a VOIP endpoint on the client network. 3.1.7. New amps speakers are provided for the room to better cover the space. 3.1.8. New RF based assisted listening system are provided for each room. 3.1.8.1. Each system is provided with twelve (12) receivers, induction neck lanyards, and a charging dock. 3.1.9. Control of each room shall be made available via Apple iPad running a Crestron control app and stored in wireless charging station in the equipment rack. 3.1.9.1. This iPad will be tied to an isolated wireless system for the ballroom. Page | 5 3.1.9.2. iPads and Launch charging stations are not available from manufactures participating in the AZ State Contract. 3.1.10. In addition to the iPads, a rack mounted 10” touch panel is provided for an admin to control and setup the system as needed. 3.1.11. A new head end rack system will be provided and professional wired and tested in the L3AV shop before deployment. 3.2. Combining functions 3.2.1. A user can combine any section of the space and the system will track this via partition sensors and setup the system accordingly. 3.2.2. Any time that a space is combined, either Bluetooth input can be used to drive audio to the room. 3.2.3. Wireless microphones, assisted listening receivers, and ceiling speakers for each space will automatically be combined to use together in any combined space. 3.2.4. An admin page will be specifically created to allow an admin user to “re- assign” wireless microphones to a space if needed. This will allow an admin to assign up to 16 wireless microphones to a single room if desired. 3.2.4.1. Note that upon system shutdown, the system will re-start in a known state (4 mics assigned per room). 3.2.5. When rooms are combined, the lowest number room’s VOIP dialer will be used for the combined system. For example, if Rooms 2 and 3 are combined, then the phone system from room 2 will be used. Audio will still project through the combined speaker system however. Figure 1 - Proposed speaker layout Page | 6 Figure 2 - Wireless microphone system Figure 3 - bluetooth wall plate Figure 4 - ipad control interface (for reference only, graphics will vary) Page | 7 Figure 5 - Rack mounted touch panel (for reference only, graphics will vary) 3.3. Programming Functional Scope 3.3.1. User Interface 3.3.1.1. Level 3 AV standard graphics template – User experience (UX) focused 3.3.2. General functions and modes 3.3.2.1. Startup screen/customer logo 3.3.2.2. Date and time on screen 3.3.2.3. System On/Off 3.3.3. Startup operation 3.3.3.1. Manual startup from a button press on user interface 3.3.4. Shutdown operation 3.3.4.1. Manual shutdown with confirmation 3.3.4.2. Scheduled shutdown (admin function) 3.3.5. Audio Routing 3.3.5.1. Automated routing based on source selection/preset 3.3.5.2. Admin user custom routing (any source to any destination) 3.3.6. Audio Conferencing (4 lines) 3.3.6.1. Phone dialing 3.3.6.2. Incoming/Outgoing volume control 3.3.6.3. Redial 3.3.6.4. Flash (if applicable) 3.3.7. Audio 3.3.7.1. Basic program volume control 3.3.7.2. In room speech volume control 3.3.7.3. Gain adjustment for all mic channels (admin function) 3.3.7.4. Zone volume control and muting (admin function) 3.3.8. Room Combining 3.3.8.1. Room combining based on button press; adjusts video and audio routing and mixing Page | 8 3.3.8.2. Room combining based on passive sensor; adjusts video and audio routing and mixing based on position of room dividing wall 3.3.9. Device level controls – functions typically triggered by presets 3.3.9.1. Default source routing 3.3.9.2. Default audio levels 3.4. Network Coordination 3.4.1. All reasonable efforts to coordinate testing during installation of equipment will be made by owner. 3.4.2. VoIP integration will require owner to configure voice network to register L3AV provided endpoint (DSP, IP Phone). This coordination should happen during planning phase of project. Hardware may be available for testing prior to final deployment. 3.5. System/Site Specific Assumptions/Exclusions (Standard assumptions/exclusions in later sections): *Items listed here supersede standard assumptions & exclusions in following sections. 3.5.1. Any existing cabling occupying the same pathway as new cabling per this scope of work may be removed, if requested by the customer. This proposal does not include removal of any other equipment or cabling unless explicitly stated within this scope of work. 4.0 DESCRIPTION OF SYSTEM – LOBBY 4.1. Functional Description and Narrative: 4.1.1. New ceiling speakers and amplifier will provide better coverage in the space for audio. 4.1.2. The BGM player from the ballroom will also be available as the main default source for this space. 4.1.3. A dedicated wireless microphone system with handheld microphone will be provided for the lobby area. 4.1.4. Control of the microphone can be done via the same admin control page for the ballroom system. Page | 9 DESCRIPTION OF SYSTEM – CONFERENCE 4.2. Functional Description and Narrative: 4.2.1. A new 75-inch display and wall mount is provided. 4.2.2. Sources for the system will include the following: 4.2.2.1. HDMI input below the display 4.2.2.1.1. Adapter ring is provided for users to plug in various digital video outputs 4.2.2.2. Microsoft wireless display adapter 4.2.2.3. Owner furnished cable tv box mount on shelf above or below display. 4.2.3. All audio will come via the display speakers. 4.2.4. Control of the system shall be done via the manufacturers remote control. 4.2.5. An audio output plate is provided for each of these spaces to feed a portable ALS system as needed. The portable ALS system will feature an IR based emitter and four receivers. Figure 6 - 75" Samsung Display Page | 10 5.0 PERFORMANCE SPECIFICATIONS Description Specification Audio Anticipated ambient noise (dB-SPL, A wtd) 42 dB SPL Target speech level 65 dB SPL Target Program level 68 dB SPL Head room level, speech 15 dB Head room level, program 10 dB Electrical signal to noise, all audio systems 55 dB Approximate variance between program source audio levels +/- 1 dB Speech Transmission Index for Public Address (STI-PA) > 0.62 Display Display size (relative distance to furthest viewer) FV / 6 Video level tolerance +/- 1 dB Targeted computer resolution(s) 1920 x 1080 Luminance 65 fc 6.0 SCHEDULE FOR DELIVERY 6.1. L3AV follows best practices included in the AV9000 Quality Management System. Adherence to this process reduces design, installation, and commissioning errors, which leads to reduced/eliminated punch lists and faster onsite deployments. For this reason, an average delivery timeframe from the moment we receive a purchase order, to final delivery typically varies from 8-12 weeks, but can be longer in some cases. Every project schedule is different, especially when coordinating with construction schedules. 6.2. A detailed project schedule estimate for this proposal is available upon request. 6.3. Availability of resources at the time of engagement may affect project delivery dates. *** Estimated Delivery Project Dates Milestone Specification Need to receive PO Minimum 8 weeks prior/Minimum 12 weeks prior (w/ programming) to desired start date Desired Completion Date No set delivery date, PM will provide schedule after received PO Page | 11 7.0 SCOPE OF WORK - GENERAL 7.1. Assign a Project Manager to administer the project including equipment and labor control, scheduling and all coordination with client, architect, and consultants. Provide a single point of contact throughout all phases of the project. Develop installation documentation for the assembly and wiring of the audiovisual systems. Document package to include shop drawings that depict signal flow, AV fixture locations and construction detail to convey methods of installation. 7.2. Timely purchasing of all audiovisual equipment, software, and materials. Coordination with the various vendors and suppliers. 7.3. Acquire and inspect owner furnished equipment specified in this scope of work and equipment list. 7.4. Assembly and wiring at L3AV facility of all consoles, control panels, audiovisual equipment cabinets, electronic components, etc. 7.5. Custom programming of all control systems, DSP devices, and other electronic components specified in this scope of work and equipment list. 7.6. Testing and staging of audiovisual systems at L3AV facility. Review of all system functions and operation. 7.7. Regular job site visits to verify dimensions and to coordinate with various trades such as electrical contractors, millwork contractor, general contractor, architect, and interior designers, as required. 7.8. Preparation of cable pull drawings. Early delivery of cable, connectors, and wall plates if possible. 7.9. Furnish and install all low voltage cable. 7.10. Coordination and delivery of the audiovisual systems to job site. 7.11. Install all audiovisual components listed in the parts and equipment section of this proposal. Installation techniques and methods used are industry standard best practices. 7.12. Complete thorough testing of the audiovisual systems. Test, set levels, balance, and equalize the system. 7.13. Certification of the audiovisual systems. Acceptance and checkout with the client representatives. 7.14. Preparation of as built documentation drawings, owner’s manuals, and operator instructions. Provide a complete Documentation Package of all shop drawings, owner’s manuals, and operator instructions to the client. 7.15. Provide training and demonstration sessions for operators, end-users, interested executives and others. Provide training and assistance to the client on the proper use and maintenance of the audiovisual systems. Page | 12 8.0 ASSUMPTIONS 8.1. Owner is responsible for providing a single point of contact for all project related coordination and authority for design and change request review and approval. 8.2. Any work supplied by L3AV will be non-union. There are no local labor unions with jurisdiction over the site. 8.3. Owner is responsible for providing all telecommunications connection information as required for successful AV system network connectivity. Including but not limited to IP Address Information, Phone Numbers, Email Accounts, and network credentials. 8.4. This proposal includes an initial control system GUI submittal and up to two revisions. Additional revisions and associated meetings are available but will result in additional project costs. 8.5. It is assumed that any existing systems (Lighting, Shade, HVAC, Audiovisual and Control), that are to be integrated into the proposed system, will have readily available, the currently implemented version of system source code. If the original programming source code cannot be provided, any additional work required will necessitate a signed change order. In the event that Level 3 is supplied control system code that does not match what is currently installed in the OFE device(s) the owner shall be responsible for all additional costs associated with correcting programming as a result of installing older/incorrect version(s). 8.6. The use of control system code provided by others necessitates that all devices in the proposed system are the same make and model as those in the code. Also, signal flow drawings representing the interconnection of equipment that matches the provided code and proposed system functionality must be provided. In the absence of these requirements, additional cost for programming and engineering hours should be anticipated. The developer of the supplied code shall be available remotely to assist with any needed debugging during the staging and onsite installation processes. 8.7. Site prep to be verified by L3AV project manager or representative before scheduling of the installation. All work areas should be clean and dust free prior to the beginning of onsite integration of electronic equipment. 8.8. In the event of any arrival to site that L3AV is not able to execute work and definable progress, the client will be charged a $250.00 Mobilization Fee to offset the lost time due to the lack of readiness. The Mobilization Fee will be presented as a Contract Change Order and will halt work until acceptance by the client and rescheduling of the installation is agreed upon. If travel is required more than 50 miles from Mesa, AZ, expenses, such as airfare, incurred will also be included in Contract Change Order. 8.9. There is onsite secure storage for equipment during a multiple day integration. 8.10. If owner furnished equipment and existing cabling is to be used, L3AV assumes that these items are in good working condition at this time. Any repair or replacement of these items that may be necessary will be made at an additional cost. 8.11. If applicable, Cable or Satellite drops must be in place with converter boxes operational before the completion of integration. Any delay resulting in extra work Page | 13 caused by late arrival of these items will result in a change order for time and materials. 8.12. The building structure is stable such that projected images from projectors or captured camera images will not visibly vibrate, bounce, or shake during typical operation, activities, and occupancy. Vibration isolation mounts are available at an additional cost unless specifically referenced in the scope of work and included in the bill of materials. 9.0 EXCLUSIONS 9.1. The following items are typical construction activities that are often required for the successful implementation of audiovisual systems. These activities are not included in this proposal. 9.2. All conduit and high voltage work required for AV equipment. 9.3. Finish work including drywall, paint, and wall/ceiling framing. 9.4. Millwork (moldings, trim, etc) 9.5. All owner network and phone system connections 9.6. Permits (Unless specifically provided for and identified within the contract) 9.7. Removal of existing equipment or cabling, uncles specifically stated in the scope of work. 10.0 SYSTEM WARRANTY 10.1. All work performed by L3AV is guaranteed for one year from the date of project completion. This warranty includes defects related to workmanship of installed cables, connectors, installation hardware, system programming and commissioning. All equipment supplied by L3AV will feature the manufacturer’s warranty specified for each item. Manufacturer warranties do not cover the cost of on-site diagnosis, removal, shipping, and re-installation of defective equipment. All equipment warranty repairs will be billed at standard L3AV labor rates. If a proactive maintenance agreement has been purchased with this proposal, the system warranty is extended for the duration of the maintenance agreement as well as all labor resulting from equipment warranty repairs are covered. 11.0 MAINTENANCE AND SUPPORT System maintenance and support is an important aspect of ensuring audiovisual system stability and long-term customer success. Along with quality audiovisual integration, we are committed to delivering quality ongoing maintenance and support. Page | 14 11.1. Proactive Maintenance 1.1.1. Proactive maintenance (well check) is included bi-annually for the first year. Additional years 2-5 may be purchased as an option. Please refer to “Acceptance of Proposal” section for detailed pricing schedule. A discount is applied for 3, 4 and 5-year agreements. The savings shown in the “Acceptance of Proposal” section reflects savings when purchasing 3, 4 and 5 years up front, as compared to renewing each year. 1.1.2. Well Checks for L3AV systems will be scheduled by our dedicated coordinators. These maintenance visits will include but are not limited to the following. • Thoroughly clean the equipment rack • Examine and repair cable management, as needed • Examine and repair cable terminations, as needed • Testing and document status of video systems • Testing and document status of audio systems • Testing and document status of any recording/playback equipment • Testing and document status of all video conferencing systems • Clean or change filters on any LCD/DLP projectors as necessary • Clean lenses on any LCD/DLP projectors • Record lamp and filter hours on LCD/DLP projectors • Clean and inspect all monitors and displays in the system • Test and record status of system software/firmware • Update software/firmware to system components as needed • Repair and/or adjust any malfunctioning equipment found during testing if possible • Update signal flow diagrams as needed • Update System Maintenance Log 11.2. On-Call Support 11.2.1. Unlimited technical phone support (Business hours) • Includes end-user support and system troubleshooting. 11.2.2. Technician dispatch for onsite support as needed • For potential equipment repairs or replacement as identified during initial support call 11.2.3. Return merchandise authorization (RMA) processing and care. 11.3. Regional Coverage In cities that we have dedicated resources our service and support team will be dispatched out of Level 3 Audiovisual offices to attend to our customers’ needs. Providing support care, system maintenance “well checks” and any other service dispatch needs. Often our customers have locations in several cities throughout the United States and North America. With a diverse geographic spread, ensuring rooms are properly supported is always a primary goal. Over the last 20 years, Level 3 Page | 15 Audiovisual has developed a network of qualified and capable audiovisual partners throughout the United States. This network of AV integrators enables wide and comprehensive coverage of all major cities and many smaller cities as well. When Level 3 audiovisual is contracted for a large system integration in one of these locations, we utilize one of our network partners as local labor support. This ensures our local partner has intimate knowledge and experience with the site and can service and support the system quickly, after deployment. It is through this network that Level 3 audiovisual will support our customer’s sites around the country. All contractors utilized will be certified AV professionals providing a consistent representation of Level 3 Audiovisual standards across all customer locations. If necessary, we will get on a plane and go anywhere, anytime to create an amazing customer experience in whatever capacity we are needed. 11.4. Exclusions & Assumptions 11.4.1. All equipment is covered by existing manufacturer warranties. In the case of equipment failure outside of the manufacturer warranty period, cost for the replacement or repair of the equipment is not covered in the maintenance agreement and will be billed per rate schedule. 11.4.2. Any equipment or accessories that suffer destruction or damage outside of manufacturer defined normal wear and tear; cost for the replacement or repair of the equipment is not covered in the maintenance agreement and will be billed per rate scheduled. 11.4.3. L3AV is not responsible for system or equipment failure due to force majeure. Page | 16 12.0 PARTS & EQUIPMENT Ballroom Lobby AZ State AZ State Ext Mfr.Description Quantity Price Price BALLROOM AUDIO AUDIO PROCESSING BOSCH 16 210.61 3,369.76 Biamp Systems 1 1,980.00 1,980.00 Biamp Systems 2 2,398.80 4,797.60 Biamp Systems 1 720.00 720.00 AUDIO INPUT SYSTEM RDL 4 400.73 1,602.92 RDL 4 186.25 745.00 RDL 4 33.64 134.56 OFE 1 0.00 0.00 WIRELESS MICROPHONE SYSTEM Shure Incorporated 8 753.31 6,026.48 Shure Incorporated 16 235.01 3,760.16 Shure Incorporated 2 691.54 1,383.08 Shure Incorporated 4 318.79 1,275.16 Shure Incorporated 2 107.21 214.42 Shure Incorporated 8 106.50 852.00 Shure Incorporated 16 39.76 636.16 ASSISTED LISTENING ListenTech 4 1,476.00 5,904.00 ListenTech 32 130.00 4,160.00 ListenTech 32 20.00 640.00 ListenTech 4 392.00 1,568.00 CONTROL SYSTEM Crestron Electronics, Inc.1 1,680.00 1,680.00 Apple 4 329.00 1,316.00 IPORT 4 215.00 860.00 IPORT 4 160.00 640.00 Crestron Electronics, Inc.4 129.60 518.40 Netgear 1 421.17 421.17 Netgear 4 243.83 975.32 Crestron Electronics, Inc.1 1,680.00 1,680.00 Crestron Electronics, Inc.1 120.00 120.00 Crestron Electronics, Inc.4 420.00 1,680.00 RACK SYSTEM Middle Atlantic Products 1 1,720.55 1,720.55 LEVEL 3 AUDIO VISUAL 1 3,643.58 3,643.58Installation Materials ipad control app Ethernet Switch - 16 Ports - Manageable - 4 Layer Netgear WAC540 IEEE 802.11ac 2.93 Gbit/s Wireless iDSP receiver 4-Series Control System 44 Space (77") 25" Deep Rack configured for AV, Black 10.1 in. Wall Mount Touch Screen, Black Smooth Rack mount for touch panel 4-Channel Tesira, 175W digital networked amplifier TesiraFORTE DSP Fixed IO Server; 12-I/8-O; AVB; VoIP Universal Ear speaer 10.2" iPad w/ A12 Bionic chip, support for Apple Pencil BaseStation iPad Stand - Compatible with all LAUNCH Antenna Distribution System Wall-Mounted Wideband Antenna Dual charging dock for SLX transmitter 5-port expansion device Bluetooth wall plate receiver, Format A Active Single-Pair (Balanced Line) Twisted Pair Format-A power supply for RDL devices owner furnished background music player Dual channel wireless receiver SM58 wireless transmitter Passive Antenna Splitter/Combiner Kit Listen iDSP RF based ALS system 8" high ceiling speaker lithium ion rechargable batter for SLX transmitter 12 unit charging tray Wireless Charging iPad Case - Compatible with iPad 10.2 Cresnet Partition Sensor AZ State AZ State Ext Mfr.Description Quantity Price Price AUDIO SYSTEM Biamp Systems 1 1,980.00 1,980.00 Crestron Electronics, Inc.8 109.20 873.60 Electrovoice 12 288.50 3,462.00 Shure Incorporated 1 531.79 531.79 Shure Incorporated 2 318.79 637.58 Shure Incorporated 1 106.50 106.50 Shure Incorporated 1 39.76 39.76 LEVEL 3 AUDIO VISUAL 1 826.47 826.47 4-Channel Tesira, 175W digital networked amplifier Ceiling - Saros Express 6.5" 2-Way In-Ceiling Speaker, 8" high ceiling speaker SLX wireless receiver with SM58 transmitter Wall-Mounted Wideband Antenna Dual charging dock for SLX transmitter lithium ion rechargable batter for SLX transmitter Installation Materials Page | 17 Conference Room 13.0 AV SYSTEM PROJECT COST AZ State AZ State Ext Mfr.Description Quantity Price Price CONFERENCE ROOM SAMSUNG (T)1 2,464.41 2,464.41 CHIEF 1 284.97 284.97 Chief 1 102.81 102.81 MICROSOFT HARDWARE(C)1 44.96 44.96 Crestron Electronics, Inc.1 72.00 72.00 Liberty AV Solutions 1 106.89 106.89 RDL 1 51.53 51.53 OFE 1 0.00 0.00 75" Edge-Lit 4K UHD LED Display for Business Above/below display shelf Wireless display adapter HDMI wall plate, WHITE UNIVERSAL HDMI ADAPTER RING COMPLETE ASSEMBLY WITH 5 CABLE ADAPTERS 3.5mm output plate for ALS, CUSTOM LABEL Owner furnished cable TV box Wall Mount (55"-100") X-large Fusion Micro-adjustable Tilt Wall Mount for 55" to 82" Display 67,231.64$ Labor 43,219.92$ Travel 178.00$ 3,087.98$ Tax 6,218.93$ Grand Total 119,936.47$ Equipment Shipping & Handling Page | 18 14.0 ADDITIONAL SERVICES (IF REQUIRED) 14.1. The work proposed in the document is all inclusive to the scope as it has been defined in the RFP and this proposal. For changes that occur, L3AV will show line item deductions including labor and materials related to the equipment line item and additions will be based on the standard rate schedule below. L3AV will provide a detailed schedule of values with this line item pricing as a post award submittal or as an exhibit attachment to a formal contract. 15.0 STANDARD RATE SCHEDULE Per hour rates – Standard Business Hours Labor Class Rate INSTALLATION $75.00 DESIGN $85.00 MAINTENANCE $75.00 INTEGRATION SERVICES $90.00 FORMAL CLASSROOM TRAINING $80.00 Overtime is considered 1.5 times the labor class rate and weekend and holiday rates are 2 times the labor class rate. Time is accounted in ½ hour increments. Travel time is accounted for job site work in excess of 50 miles from metropolitan area of the Level 3 Audio Visual location supporting the project. 16.0 JOB QUALITY 16.1. All personnel assigned to this project are required to meet strict guidelines for the purpose of professional conduct and exceptional workmanship. Our staff features certifications and training issued by recognized industry vendors and associations. Our engineering practices include the effective application of document control, shop/lab testing/validation, and exhaustive research conducted on new products, methodologies, and materials. Project management processes feature real-time reporting of progress, exceptional record keeping and communications. All primary systems are built and staged in L3AV’s facility prior to site installation. Within these processes, we conduct a well-documented series of quality control checks. Page | 19 17.0 PROJECT MANAGEMENT 17.1. L3AV follows a formal project management process which may/will include the following actions / deliverables (based on the size/complexity/duration of the integration project): 17.2. Project Kick-off meeting with customer representative(s) and L3AV assigned integration team members. This can be in person or by conference call. 17.3. Submittals and Design Review. Often completed during the Project Kick-off meeting. 17.4. Site Verification – conducted prior to integration – can be in conjunction with Project Kick-off meeting. 17.5. Weekly project status review meetings with customer representative(s) and L3AV integration team members. This can be in person or by conference call. 17.6. Change control management through a documented Change Order Request (COR) procedure, submittals, and owner authorization requirements. 17.7. Project punch list resolution and substantial completion verification during customer system acceptance walkthrough. 18.0 STANDARDS & COMPLIANCE 18.1. Level 3 Audio Visual is a licensed and bonded contractor with the capacity to carry project specific performance bonds at a reasonable market rate. All work is performed in accordance with the latest revisions of applicable codes and standards including the National Electric Code and local government codes and regulations for construction/building. 19.0 WORK SCHEDULE 19.1. Unless otherwise noted, all work proposed will be conducted during regular business hours Monday – Friday, 8 a.m. – 5 p.m. Proposed work is based on a 40-hour work week / 8-hour workday. All work is scheduled at a minimum of one week in advance. Changes to the work schedule may be made by the customer with recognition and acceptance of any additional costs required to support overtime, weekend, or holiday pay fees. 20.0 SYSTEM TESTING & EVALUATION 20.1. Completion of shop or field assembly and installation will lead to testing and evaluation. This will include performance testing of individual components and testing of the overall system. Testing may include the supporting infrastructure supplied and installed by others. A client representative may be present during testing and evaluation. Results of this process are formatted and submitted to the formal job record. Signature acceptance will be requested from the client for the project completion milestone. Page | 20 21.0 AVAILABILITY OF INFORMATION 21.1. This proposal is based on information presented during the meetings and conversations between L3AV representatives and the client’s representatives described in the executive summary. Other information may include the review of architectural drawings and specifications, shop, or site visits as well as surveys and meetings with job related contractors. 22.0 SITE ACCESS 22.1. Costs proposed consider that jobsite access is unrestricted and can occur during regular business hours unless otherwise agreed and noted in this proposal. Unforeseen restrictions may affect the project schedule and proposed costs. Parking and delivery restrictions should be identified in advance to avoid disruption of the project schedule. 23.0 COORDINATION WITH OTHER TRADES 23.1. Coordination with other trades and project concerns has been accounted for in L3AV’s determination of project management and engineering estimates. This coordination will be provided in the form of meetings, conferences, and reference documentation. Records of this activity will be included in the job report and can be made available to the client’s representatives upon request. 24.0 UNFORESEEN HAZARDS 24.1. Costs included in the proposal do not account for any unforeseen hazards such as faulty existing wiring, dangerous structure, hazardous materials, or any other issues that could affect safety and proposed costs. It is L3AV’s practice to avoid adding contingency costs to our proposed fees by accounting for elements that affect costs in a fair and equitable manner. 25.0 USE OF THIS DOCUMENT 25.1. Concepts, ideas, and details included in this document developed by L3AV represent intellectual property and in whole or part are considered a product of limited service engagement between L3AV and our client. Both parties must provide consent or permission to use the content of this document and attached data. Page | 21 26.0 PAYMENT SCHEDULE 26.1. Payment will be per State Contract Special Terms and Conditions. 27.0 DESIGN APPROVAL / PROPOSAL ACCEPTANCE An authorized representative of the client and principal representing Level 3 Audio Visual may indicate acceptance of this proposal in the designated areas below. Unless otherwise noted, this proposal is valid for no more than 30 days from the date of submission. All signed proposals older than 30 days will be reviewed for accuracy and amended if needed. This proposal may serve as an attachment to other binding agreements. PROJECT NAME: 2021 Community Center AV Upgrades AV Equipment, Installation, and Services $119,936.47 Initial _________ Proactive Maintenance Agreement Not Included Description Price Accept The above prices, specifications and conditions are hereby accepted. Level 3 Audio Visual is authorized to begin Design Phase of the Project as outlined in this Proposal. I understand that by signing this proposal I agree that Level 3 Audio Visual will be engaged as my design/build systems integrator. Agreed to for Town of Fountain Hills Print Name: Date: Title: Signature: Agreed to for Level 3 Audio Visual, LLC. Print Name: Date: Title: Signature: ITEM 8. H. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 06/15/2021 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda Submitting Department: Community Services Prepared by: Patti Lopuszanski, Executive Assistant Staff Contact Information: Rachael Goodwin, Community Services Director Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION OF accepting donated sculpture entitled, “Who Rescued Who," for display in Fountain Park. Staff Summary (Background) Donors, Ash and Rita Patel, have commissioned the art piece, "Who Rescued Who" from artist Lori Acott to be donated to the Town of Fountain Hills and displayed in Fountain Park adjacent to Panorama Drive. The piece is a 5'6" bronze statue and is figure six of a 19 piece series. The budget for design, fabrication, and installation of the piece is as follows: Cast and Patina Sculpture in Bronze- $32,000;  Deliver to Arizona from Colorado - $1,500;  Installation assistance -$500; Donation by artist Lori Acott of $4,000 to bring the total cost to $30,000.   The sculpture will take four months to create and the donor is contributing additional funding for the base, future maintenance and insurance.  A deposit of $15,000 begins the timeline with the remainder due upon delivery. If accepted, the Town of Fountain Hills will be responsible for an annual insurance premium of $130 as well as annual cleaning and maintenance, as needed. Additionally, a plaque will be designed and installed to recognize the donation and feature the name of the piece, the artist and the donor. Cost for the plaque will be funded from the Public Art Fund.  Related Ordinance, Policy or Guiding Principle Resolution 2003-70 adopting the Town of Fountain Hills Public Art Master Plan for the acquisition of public art.  Risk Analysis Insurance premiums will be approximately $130 per year.  Maintenance costs are yet to be determined. Recommendation(s) by Board(s) or Commission(s) The Public Art Committee and the Fountain Hills Cultural & Civic Association have recommended approval to accept the sculpture and add it to the Town's public art collection.   Staff Recommendation(s) Staff recommends acceptance.  SUGGESTED MOTION MOVE to accept the public art application for the sculpture "Who Rescued Who" and authorize it to be installed in Fountain Park.  Attachments Fountain Park Map of Proposed Site of Artwork  Who Rescued Who Process  Patel application  Form Review Inbox Reviewed By Date Community Services Director Rachael Goodwin 06/03/2021 04:57 PM Finance Director David Pock 06/07/2021 09:09 AM Town Attorney Aaron D. Arnson 06/07/2021 09:52 AM Town Manager Grady E. Miller 06/07/2021 11:41 AM Form Started By: Patti Lopuszanski Started On: 06/03/2021 12:50 PM Final Approval Date: 06/07/2021  BR BR “Who Rescued Who” "Who Rescued Who?" From Concept to Creation Lorri Acott In a small studio in the Black Hills of South Dakota, Lorri Acott creates the life sized sculpture reminding us of our unique relationship with our dogs, "Who Rescued Who?" First, a maquette is sculpted. A maquette is a small version of the sculpture. I usually sculpt the maquette using water based paperclay. I take a picture of the maquette and enlarge it to the size of the piece to be sculpted. This helps me to get the proportions of the lifesize version just right. Before sculpting, I make an armature (internal support structure) with foam and pipes. This insures that the sculpture will be stable for the addition of the clay, and later, the mold. Using the image of the maquette as a pattern, I cut sheets of foam and glue them together on the pipe structure. Now the foam is sculpted with a saw. Using the maquette, the enlarged image, and my artistic sensibliltiies, I create the sculpture in foam, making adjustments as I go. The clay that I use for large peices is quite stiff so that it will stay together for transportation and molding. It can easily be softened in a microwave which makes it much easier to use. Clay is then applied to the sculpted foam. The texure, the details, and the life of the piece are created now. The piece comes together quickly if all the prep work is done well. Soft warm clay, good backround music, and a block of time with no other demands... This is the part that gives me the most joy. I love the feel of clay in my hands. The original needs to be divided or cut into pieces for the molding. For most foundries, each section can be no larger than 12"-18". The first layer of the rubber-like mold material is applied. It will pick up every detail in the original sculpture down to the fingerprints of the artist. After the first layer is applied, a shim line is created with a double layer of cards so that the mold has a place to separate. The second layer of the mold material then is applied. Keys are created and attached to the shims.This allows the flexible inner mold to fit exactly into the hard, supportive mother mold to be added next. After the plaster for the mother mold is mixed and applied, it is allowed to dry. The mother mold is removed, and the rubber is carefully removed as the first layer is cut with an exacto blade. After the molds are complete, wax is painted into each mold. This will create a hollow wax copy of the original to be used in the centuries old "Lost Wax" casting process. The wax is "chased" which means that all the mold lines, air bubbles, and imperfections are removed. PIeces are re- assembled to check the fit, and then re-cut to prepare for spruing. Wax gates are added to create a channel through which the bronze can flow. This is called spruing. The sprued waxes are dipped in a ceramic slip, then in silica sand and hung to dry between layers. Each piece will be dipped 5-10 times and allowed to dry completely before firing. Waxes, covered with the ceramic shell, are now fired. The wax melts away, thus the term "Lost Wax Process". The shell is put back into the kiln and reheated so that the bronze won't cool too fast, and molten bronze is poured into the cavity left by the wax. After the bronze cools, the ceramic shell is knocked off with a hammer. Sand blasting is necessary to remove all the remnants of the ceramic shell. All of the bronze pieces have been cast and all the shell removed. Now they need to be welded back together. Metal chasing is the step of the process in which all the weld lines are removed, and the artist's fingerprints are put back into the sculpture. Patina is the application of chemicals and heat to create color. It is the final step of the process just prior to basing. The base is created and then attached. The sculpture, "Who Rescued Who?", is complete. "A dog doesn't care if you're rich or poor, educated or illiterate, clever or dull. Give him your heart and he will give you his." " -- John Grogan, Marley & Me See more of Lorri Acott's work at www.lorriacott.com ITEM 8. I. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 06/15/2021 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda Submitting Department: Administration Prepared by: Elizabeth A. Klein, 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. Form Review Form Started By: Elizabeth A. Klein Started On: 06/08/2021 10:09 AM Final Approval Date: 06/08/2021