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CC - Agendas - City Council - REGULAR - 8/14/2018
CITYoF PR_ESC0 T • e i z o N w CITY COUNCIL MEETING VOTING MEETING AGENDA TUESDAY, AUGUST 14, 2018, 3:00 PM Council Chambers, 201 South Cortez Street Prescott AZ 86303 (928) 777-1272 Greg Mengarelli, Mayor Billie Orr, Mayor Pro Tern Jim Lamerson, Councilman Steve Blair, Councilman Alexa Scholl, Councilwoman Phil Goode, Councilman Steve Sischka, Councilman The following Agenda will be considered by the Prescott City Council at its Voting Meeting pursuant to the Prescott City Charter, Article ll, Section 13. Notice of the meeting is given pursuant to Arizona Revised Statutes, Section 38-431.02. One or more members of the Council may be attending the meeting through the use of a technological device. 1. CALL TO ORDER 2. INTRODUCTIONS/ANNOUNCEMENTS 3. INVOCATION Associate Pastor Ken May from Prescott Christian Church 4. PLEDGE OF ALLEGIANCE Mayor Pro Tern Orr 5. ROLL CALL 6. PROCLAMATIONS Read on Prescott Month -September 2018 7. PRESENTATIONS Read on Prescott/Literacy Awareness - Denise Murphy and Jennifer Hernandez 8. CONSENT AGENDA Items listed on the Consent Agenda may be enacted by one motion and one vote. If discussion is required by members of the governing body, the item will be removed from the Consent Agenda and will be considered sep- arately. Generated 81912018 9.42 AM Prescott City Council Voting Meeting — 08/14/2018 Page 2 A. Award of City Contract No. 2019-055 to Badger Meter, Inc., for the purchase of radio read water meters in a total amount not to exceed $130,000.00 annually, for up to two years. Funding is available in the Water Fund. B. Approval of draft minutes for the July 03, 2018 Special Voting Meeting, the July 10, 2018 Study Session, the July 10, 2018 Voting Meeting, the July 24, 2018 Special Meeting -Executive Session (9:30 a.m.), and the July 24, 2018 Special Meeting -Executive Session (1:00 p.m). C. Award of City Contract No. 2019-061 to Dukes Root Control, Inc., in an amount not to exceed $110,000.00 annually, for up to five years. Funding is available in the Wastewater Fund. D. Approval of Payment in the Amount of $102,505.67 to the Arizona Department of Revenue for Administration and Collections Services. E. Approval for Arizona Public Service (APS) to perform night work on Britni Drive and Willow Lake Road; and Mountain Lake Road and Willow Lake Road, 6:00 p.m. to 6:00 a.m. between August 15 and September 5, 2018. F. Approval of Intergovernmental Agreement with the Prescott Unified School District for School Resource Officer Services (IGA 2019-058). Funding coming from 75% PUSD and 25% from the General Fund. G. Accept the proposed Prescott Municipal Airport Layout Plan (ALP) for submission to the FAA for approval, and to approve the Public Airport Disclosure Map for transmittal to the Arizona Department of Real Estate to meet the A.R.S. §28-8486 public disclosure requirement. No financial impact. This Airport Master Plan was funded by a $1 M FAA grant approved by Council in 2016. Recommended Action: MOVE to approve Consent Items 8.A. through 8.G. 9. REGULAR AGENDA A. Appointment of members to the various Boards, Commissions, and Committees to fill existing vacancies occurring in Calendar Year 2018. Recommended Action: MOVE to approve the recommendations of the Council Subcommittee for Appointments as presented in Attachment 1, for appointments to the City's various Boards, Commissions, and Committees to fill vacancies occurring in Calendar Year 2018. Prescott City Council Voting Meeting — 08/14/2018 Page 3 B. Rescind current library fees for non-profit and non-commercial groups. No funding required. Recommended Action: MOVE to rescind current library meeting room fees for non-profit and non-commercial groups. C. Award of City Contract No. 2019-070 for Bureau of Land Management Reimbursement Agreement for Application AZA 036972, as part of the Deep Well Ranch / Pioneer Parkway Extension. Recommended Action: MOVE to award City Contract No. 2019-070 for Bureau of Land Management Reimbursement Agreement for application AZA 036972. D. Award of City Contract No. 2019-064 to Badger Daylighting Corporation for the FY19 Utility Locating and Potholing by Vacuum Extraction Project, in an amount not to exceed $75,000.00. Funding for this contract was budgeted in FY19 with the various CIP project budgets and is available from the Streets, Water, and Wastewater Funds. Recommended Action: MOVE to award City Contract No. 2019-064. E. Approval of the 2018 Arizona League of Cities and Towns Resolutions. Recommended Action: MOVE to approve the 2018 League of Cities Resolutions to be voted on by the Mayor at the League's Annual Business Meeting. F. Approval of a three-year contract with Dibble Engineering for Airport general architecture and engineering services for the Prescott Municipal Airport, with options for two (1) year extensions. Has no immediate financial impact as individual Authorization for Services will submitted for approval to Airport Staff prior to a project being initiated, and be brought before City Council for approval as required, in accordance with the City Procurement Code. Recommended Action: MOVE to approve a three-year Professional Services Agreement, City Contract No. 2019-069, for Dibble Engineer- ing (with two one-year optional extensions) to provide general archi- tectural and engineering services at the Airport on an "as -needed" basis for airport capital projects in FY 2019-2023. G. Approve an amendment to City Contract No. 2011-003A1, which extends the lease term with Guidance Helicopters Inc. by ten years: and to Approve Guidance Helicopter's request to enter into a sublease with Eviation Aircraft Inc. for the airport property known as the MacCurdy Building. Recommended Action: MOVE to Approve an amendment to City Contract No. 2011-003A1 to extend the lease term with Guidance Helicopters, Inc. by ten years, and to approve the Prescott City Council Voting Meeting — 08/14/2018 Page 4 Guidance Helicopter Inc. request to enter into a sublease with Eviation Aircraft Inc. for the airport property known as the MacCurdy Building. H. Award of City Contract No. 2019-072 with Raftelis Financial Consultants, Inc. to review, update and develop a Development Impact Fees Study with Associated Documents, and provide an Analysis and Development of Utility and Solid Waste Rates, in an amount not to exceed $236,000.00. Recommended Action: MOVE to award City Contract No. 2019-072 to Raftelis Financial Consultants, Inc. in the amount of $236,000.00. 10. ADJOURNMENT EXECUTIVE SESSION Upon a public majority vote of a quorum of the City Council, the Council may hold an executive session, which will not be open to the public, regarding any item listed on the agenda but only for the following purposes: (1) Discussion or consideration of personnel matters (A.R.S. §38-431.03(A)(1)); (2) Discussion or consideration of records exempt by law (A.R.S. §38-431.03(A)(2)); (3) Discussion or consultation for legal advice with the city's attorneys (A.R.S. §38- 431.03(A)(3)); (4) Discussion or consultation with the city's attorneys regarding the city's position regarding contracts that are the subject of negotiations, in pending or contemplated litigation, or in settlement discussions conducted in order to avoid litigation (A.R.S. §38-431.03(A)(4)); (5) Discussion or consultation with designated representatives of the city to consider its position and instruct its representatives regarding negotiations with employee organizations (A.R.S. §38-431.03(A)(5)); (6) Discussion, consultation or consideration for negotiations by the city or its designated representatives with members of a tribal council, or its designated representatives, of an Indian reservation located within or adjacent to the city (A.R.S. §38-431.03(A)(6); (7) Discussion or consultation with designated representatives of the city to consider its position and instruct its representatives regarding negotiations for the purchase, sale or lease of real property (A.R.S. §38-431.03(A)(7)). THE CITY OF PRESCOTT ENDEAVORS TO MAKE ALL PUBLIC MEETINGS ACCESSIBLE TO PERSONS WITH DISABILITIES. With 48 hours advanced notice, special assistance can be provided for sight and/or hearing -impaired persons at this meeting. Reasonable accommodations will be made upon request for persons with disabilities or non-English speaking residents. Please call the City Clerk (928) 777-1272 to request an accommodation to participate in this public meeting. Prescott TDD number is (928) 445-6811. Additionally, free public relay service is available from Arizona Relay Service at 1-800-367-8939 and more information at www.azrelay.org Confidentiality Arizona statute precludes any person receiving executive session information from disclosing that information except as allowed by law. A.R.S. §38-431.03(F). Each violation of this statute is subject to a civil penalty not to exceed $500, plus court costs and attorneys' fees. This penalty is assessed against the person who violates this statute or who knowingly aids, agrees to aid or Prescott City Council Voting Meeting — 08/14/2018 Page 5 attempts to aid another person in violating this article. The city is precluded from expending any public monies to employ or retain legal counsel to provide legal services or representation to the public body or any of its officers in any legal action commenced for violation of the statute unless City Council takes a legal action at a properly noticed open meeting to approve of such expenditures prior to incurring any such obligation or indebtedness. A.R.S. §38-431.07(A)(B). CERTIFICATION OF POSTING OF NOTICE The undersi ned hereby certifies that a copy of the foregoing notice was duly posted at Prescott City Hall on 4 1 at 0 m. in accordance with the statement filed by the Prescott City Council with the City Clerk '2( -4 uMS peen Scott, MMC, City Clerks crrYoF PRESCOTT Every /{ t€tduvi MEETING DATE/TYPE: COUNCIL AGENDA MEMO VOTING MEETING 8-14-18 DEPARTMENT: Public Works AGENDA ITEM: Award of City Contract No. 2019-055 to Badger Meter, Inc., for the purchase of radio read water meters in a total amount not to exceed $130,000.00 annually, for up to two years. Funding is available in the Water Fund. FUNDING SOURCE: Water Fund Approved By: Michael Lamar, City Manager Item Summary This item is to approve City Contract No. 2019-055 with Badger Meter, Inc. for the purchase of radio read water meters to replace existing meters and install new meters within the City of Prescott water system in an amount not to exceed $130,000.00 annually, for up to two years. Background Water Operations is responsible for setting water meters for new customers and replacing meters for existing customers if they're found to be defective and are not covered under warranty. The City of Prescott currently meters over 24,000 water services. In order to provide timely customer service, Water Operations must purchase and maintain an inventory of water meters. This contract will provide the City's standardized radio read compatible meters. Water Operations utilizes radio read meters with Encoder, Receiver, Transmitters (ERTs) to remote read water usage for billing purposes. The required quantities of meters to meet demand for FY19 will be covered by this contract. The new meters are compliant with the Safe Drinking Water Act Section 1417 as "lead free. Procurement Method Water meters will be purchased through a cooperative purchasing agreement with the City of Glendale, Contract #IFB14-36, with Badger Meter, Inc. The City of Prescott has received confirmation from the City of Glendale that the contract is current and the vendor has been responsive in fulfilling the terms and conditions of the contract. Pttekot 8.A AGENDA ITEM: Award of City Contract No. 2019-055 to Badger Meter, Inc., for the purchase of radio read water meters in a total amount not to exceed $130,000.00 annually, for up to two years. Funding is available in the Water Fund. Financial Impact FY19 funding in the amount of $130,000.00 is available in the Water Fund. Subsequent fiscal year funding is subject to the availability and appropriations of funds. Attachments 1. Copy of City of Glendale's Purchasing Agreement Recommended Action: MOVE to award City Contract No. 2019-055 to Badger Meter, Inc. 2 Packet Pg. 7 8.A.a C9287-3 AMENDMENT NO. 3 AGREEMENT FOR RESIDENTIAL WATER METERS (City of Glendale Solicitation No. IFB 14-36, Contract No. C-9287) This Amendment No. 3 ("Amendment") to the Residential Water Meter ("Agreement") is made this - " day of NW ttnlw j 2017, ("Effective Date"), by and between the City of Glendale, an Arizona municipal corporation ("City") and Badger Meter, Inc. dba National Meter and Automation ("Assignee"), a Wisconsin corporation authorized to do business in Arizona ("Contractor). R ECITALS A. City and Badger Meter, Inc. dba National Meter and Automation, ("Assignee") ("Contractor") previously entered into an Agreement, Contract No. C-9287, dated October 14, 2014 ("Agreement"); and B. The Agreement had an initial two-year term beginning October 14, 2014 through October 13, 2016 and provided the option to extend for an additional three (3) years in one-year increments; and C. City and Contractor previously entered into Agreement Amendment No. 1 on July 15, 2015 to add additional items as listed on Exhibit A under Section 5.9, Optional Items; and D. City and Contractor previously entered into Agreement Amendment No. 2, extending the term of the Agreement from October 14, 2016 through October 13, 2017; and E. City and Contractor wish to modify and amend the Agreement subject to and strictly in accordance with the terms of this Amendment. AGREEMENT In consideration of the mutual promises set forth herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City and Contractor hereby agree as follows: 1. Recitals. The recitals set forth above are not merely recitals, but form an integral part of this Amendment. 2. Term. The term of the Agreement is extended for a one-year period from the Effective date through October 13, 2018, unless otherwise terminated or canceled as provided by the Agreement. All other provisions of the Agreement except as set forth in this Amendment shall remain in their entirety. 3. Scope of Work. The Scope of Work is unchanged. 10/18/16 Attachment: Copy of City of Glendale's Purchasing Agreement (2097 : Water Meter Purchase) Packitt Pgk 8.A.a 4. Compensation. The compensation of the Agreement is amended and pricing shall increase per Exhibit B. The Not To Exceed amount will not change and will not exceed $1,250,000 for the remainder of the contract. The parties also agree that any expenditures made between the date the prior term expired and the Effective Date of this Agreement are hereby ratified and shall be paid as provided in the Agreement. 5. Insurance Certificate. Current certificate will expire on January 1, 2018 and a new certificate applying to the extended term must be provided prior to this date to Materials Management and the Contract Administrator. 6. Non-discrimination. Contractor must not discriminate against any employee or applicant for employment on the basis of race, color, religion, sex, national origin, age, marital status, sexual orientation, gender identity or expression, genetic characteristics, familial status, U.S. military veteran status or any disability. Contractor will require any Sub -contractor to be bound to the same requirements as stated within this section. Contractor, and on behalf of any subcontractors, warrants compliance with this section. 7. No Boycott of Israel. The Parties agree that they are not currently engaged in, and agree that for the duration of the Agreement they will not engage in, a boycott of Israel, as that term is defined in A.R.S. §35-393. 8. Attestation of PCI Compliance. When applicable, the Contractor will provide the City annually with a Payment Card Industry Data Security Standard (PCI DSS) attestation of compliance certificate signed by an officer of Contractor with oversight responsibility. 9. Ratification of Agreement. City and Contractor hereby agree that except as expressly provided herein, the provisions of the Agreement shall be, and remain in full force and effect and that if any provision of this Amendment conflicts with the Agreement, then the provisions of this Amendment shall prevail. [Signatures on the following page.] 10/18/16 Attachment: Copy of City of Glendale's Purchasing Agreement (2097 : Water Meter Purchase) 8.A.a ATTEST: Ju1WIj Bower, City Clerk (SEAL) APPROVED AS TO FORM: r CITY OF GLENDALE, an Arizona municipal corporation Badger Meter, Inc. dba National Meter and Automation., ("Assignee") a Wisconsin corporation Attachment: Copy of City of Glendale's Purchasing Agreement (2097 : Water Meter Purchase) 10/18/ 6 �_1 S.A.a Item No. City of Glendale Residential Water Meter Contract Pricing Est. Quantity Unit of Measure Description 2016/17 Unit Price 2017/18 Unit Price % Increa 5.1 5.2 5/8" x 3/4" Recordall Model 25 Badger Meter, Bronze Bottom with Direct Read Register, Seal 6700 Each Wire 3/4" x 7.5" Recordall Model 35 Badger Meter, Bronze Bottom with Direct Read Register, Seal 2100 Each Wire 1" Recordall Model 70 Badger Meter, Bronze Bottom with 5.3 6950 Each Direct Read Register, Seal Wire 1.5" Recordall Model 120 Badger Meter, with Direct Read 5.4 340 Each Register, Seal Wire 2" Recordall Model 170 Badger Meter, with Direct Read 5.5 445 Each Register, Seal Wire Itron 100W ERT with In -Line 5.6 2500 Each Connector 5/8" x 3/4" Recordall Model 25 Badger Meter, Bronze Bottom with Encoded Register and 3- 5.9.1 1 Each wire connector 3/4" x 7.5" Recordall Model 35 Badger Meter, Bronze Bottom with Encoded Register and 3- 5.9.2 1 Each wire connector 1" Recordall Model 70 Badger Meter, Bronze Bottom with Encoded Register and 3-wire 5.9.3 1 Each connector 1.5" Recordall Model 120 Badger Meter, with Encoded 5.9.4 1 Each Register and 3-wire connector 2" Recordall Model 170 Badger Meter, with Encoded Register 5.9.5 1 Each and 3-wire connector Encoded Register for 5/8" x 3/4" Model 25 Meter w/ 3-wire 5.9.6 1 Each Connector $55.95 $57.07 2.009 $72.18 $73.62 2.00% $117.18 $119.52 2.009s $261.73 $266.96 2.009E 5368.24 $375.60 2.009E $92.70 $94.55 2.009E $98.03 $99.99 2.00% $114.25 $116.54 2.00% 5159.25 $162.44 2.00% $303.80 $309.88 2.00% $410.31 $418.52 2.00% $52.51 $53.56 2.00% "0- to L 0. 1 0 0 2 1 o to 1 o> 0 m E a► rn 0> c fN R .c 0 1 0. M 0 To .O 0 5 15 0 0. 0 V c 0 E 0 co 8.Aa Encoded Register for 3/4" Model 35 Meter w/ 3-wire 5.9.7 1 Each Connector Encoded Register for 1" Model 5.9.8 1 Each 70 Meter w/ 3-wire Connector Encoded Register for 3" & Large Turbo Meters w/ 25' 3-wire 5.9.9 1 Each Connector Encoded Registers for 3" & Larger Compound Meters w/ 25' 5.9.10 1 Each 3-wire Connectors 3" Recordall T-450 Turbo Meter, 5.9.12 1 Each Local Register 4" Recordall T-1000 Turbo 5.9.13 1 Each Meter, Local Register 6" Recordall T-2000 Turbo 5.9.14 1 Each Meter, Local Register 3" Recordall Compound Series Meter w/ (2) Encoded Registers, 5.9.15 1 Each 25' Connectors 4" Recordall Compound Series Meter w/ (2) Encoded Registers, 5.9.16 1 Each 25' Connectors 6" Recordall Compound Series Meter w/ (2) Encoded Registers, 5.9.17 1 Each 25' Connectors 3" Recordall T-450 Turbo Meter, 5.9.20 1 Each Integral Strainer, Local Register 4" Recordall T-1000 Turbo Meter, Integral Strainer, Local 5.9.21 1 Each Register 1.5" Recordall T-160 Turbo Meter, HRE Encoder w/5' Itron 5.9.11.1 1 Each Connector $52.51 $53.56 2.00° $52.51 $53.56 2.009 $72.10 $73.54 2.009 $144.20 $147.08 2.009 $617.04 $629.38 2.009 $982.40 $1,002.05 2.009 $2,529.81 $2,580.41 2.009 $1,665.27 $1,698.58 2.009( $2,640.83 $2,693.65 2.00% $3,760.76 $3,835.98 2.00% $947.60 $966.55 2.00% $1,425.42 $1,453.93 2.00% $512.49 $522.74 2.00% m co .c a `m m 2 1 as as 0 r+ c m E as rn 0 ea s 0 a N GI �v as 5 w O V 0 c. 0 V 0 E .c 0 R r 8.A.a 1.5" Recordall T-160 Turbo 5.9.11.2 1 Each Meter, Direct Read Register 2" Recordall T-200 Turbo Meter, HRE Encoder w/5' Itron 5.9.11.3 1 Each Connector 2" Recordall T-200 Turbo Meter, 5.9.11.4 1 Each Direct Read Register $467.57 $476.92 2.009 $571.06 $582.48 2.009 $527.75 $538.31 2.009 Attachment: Copy of City of Glendale's Purchasing Agreement (2097 : Water Meter Purchase) Piet Pg.13 8.A.a rep, ak, GLEN.),ip City of Glendale Legislation Text 5850 West Glendale Avenue Glendale, AZ 85301 File #: 14-293, Version: 2 AWARD OF BID IFB 14-36, AUTHORIZATION TO ENTER INTO AN AGREEMENT AND APPROVE EXPENDITURE OF FUNDS TO PURCHASE RESIDENTIAL WATER METERS FROM BADGER METER, INC. Staff Contact: Craig Johnson, P.E., Director, Water Services Purpose and Recommended Action This is a request for City Council to award bid IFB 14-36, and to authorize the City Manager to enter into an agreement, and approve expenditure of funds for the purchase of water meters and associated parts with Badger Meter, Inc. in an amount not to exceed $1,250,000 ($500,000 for the initial two-year term and $750,000 for the three one-year extensions). Background The city has over 61,700 water meters that serve residential and commercial customers. Water meters and associated parts are necessary to maintain industry standards for new residential and commercial developments, and to maintain the citywide meter maintenance and replacement program. An Invitation for Bids was opened in May 2014 and two responses were received. The city's Materials Management division developed the bid specifications in cooperation with the cities of Scottsdale and Prescott who also have the ability to purchase from this agreement. Badger Meter, Inc. submitted the lowest responsive, responsible bid. The initial term of the agreement is for two years upon approval by Council. Bid specifications contained an option clause that will permit the city, at the discretion of the City Manager, to extend this agreement for three additional years, in one-year increments. Analysis Award of this bid and expenditure authorization will allow the department to maintain an adequate inventory of meters and meter parts. Well maintained water meters enable the city to provide uninterrupted water delivery, and accurately track and measure water consumption for billing purposes. Budget and Financial Impacts Funding in the annual amount of $250,000 is available in the Water Services FY 2014-15 operating budget and the Water Services FY 2015-16 operating budget pending Council approval. Cost Fund -Department -Account $250,000 2400-17300-524400, Meter Maintenance Capital Expense? No City of Glendale Page 1 of 2 Printed on 6/2/2015 Attachment: Copy of City of Glendale's Purchasing Agreement (2097 : Water Meter Purchase) CITY(. PRESCOTT 1_4,17 ;1;/,ffz4nttfdu,/ MEETING DATE/TYPE: DEPARTMENT: City Clerk COUNCIL AGENDA MEMO VOTING MEETING 8-14-18 8.B AGENDA ITEM: Approval of draft minutes for the July 03, 2018 Special Voting Meeting, the July 10, 2018 Study Session, the July 10, 2018 Voting Meeting, the July 24, 2018 Special Meeting -Executive Session (9:30 a.m.), and the July 24, 2018 Special Meeting -Executive Session (1:00 p.m). Approved By: Michael Lamar, City Manager Item Summary Attached for approval are the City Council minutes for the July 03, 2018 Special Voting Meeting, the July 10, 2018 Study Session, the July 10, 2018 Voting Meeting, the July 24, 2018 Special Meeting -Executive Session (9:30 a.m.), and the July 24, 2018 Special Meeting -Executive Session (1:00 p.m.). Attachments 1. July 03, 2018 Special Voting Meeting 2. July 10, 2018 Study Session 3. July 10, 2018 Voting Meeting 4. July 24, 2018 Special Meeting -Executive Session (9:30 a.m.) Meeting Minutes 5. July 24, 2018 Special Meeting -Executive Session (1:00 p.m.) Meeting Minutes Recommended Action: MOVE to approve the City Council Minutes as presented. Packet Pg. 15 CITYoFPRESCOTT CITY COUNCIL MEETING • ! 1 Z O N • SPECIAL VOTING MEETING MINUTES TUESDAY, JULY 3, 2018, 3:00 PM Council Chambers, 201 South Cortez Street Prescott AZ 86303 (928) 777-1272 Greg Mengarelli, Mayor Billie Orr, Mayor Pro Tem Jim Lamerson, Councilman Steve Blair, Councilman Alexa Scholl, Councilwoman PhD Goode, Councilman Steve Sischka, Councilman MINUTES OF THE SPECIAL VOTING MEETING OF THE PRESCOTT CITY COUNCIL HELD ON JULY 3, 2018, in the COUNCIL CHAMBERS LOCATED AT 201 SOUTH CORTEZ STREET, PRESCOTT, ARIZONA. 1. CaII to Order Mayor Mengarelli called the meeting to order at 3:00 p.m. 2. Pledge of Allegiance Councilman Sischka 3. Roll Call Greg Mengarelli Billie Orr Steve Blair Phil Goode Jim Lamerson Alexa Scholl Steve Sischka Mayor Mayor Pro Tem Councilman Councilman Councilman Councilwoman Councilman 4. Regular Agenda 1. Approval of Recommendation of Air Carrier for EAS Contract Airport Director Robin Sobotta presented. They had just concluded a meeting with the Airport Advisory Committee where they reviewed the information that is being presented to Council. The evaluation of the bids has occurred at a great deal of detail in the last 24 hours. This is in response to an EAS Bid through the Department of Transportation. This came as a result of losing service from Great Lakes who left March 26, 2018. Immediately there was a notice for bids to replace the EAS. The bidders were given ninety days that closed July 2, 2018 at midnight. Generated 7/23/2018 9:55 AM Prescott City Council Special Voting Meeting — 07/03/2018 Page 2 There are several factors for Essential Air Service and there were seven bidders and only one service can be selected and the city makes a recommendation to the Department of Transportation. Essential Air Service (EAS) Criteria 1. Demonstrated reliability of the air carrier in providing scheduled air service 2. Contractual and market agreements with large carriers to ensure service (connectivity) beyond the larger airports served 3. Interline agreements for baggage transfer and passenger convenience (reservation systems, tickets, baggage check) 4. Plans for marketing support by the airline 5. Preferences of political leaders representing airport users Plus: EAS Subsidy "Cap Compliance" requirement - max $200 per passenger (within 210 miles of medium/large hub) Additional Local Factors * Convenience, comfort and quality of the entire passenger experience. >Selected hub connectivity -business and leisure needs >TSA experience (remain within sterile area for connections) >Aircraft experience: Number of Seats, comfort, lavatory, accessibility, etc. * Destinations (hub airports) bid -paralleling historic catchment ticket sales * Airline maintenance and pilot workforce considerations * Ability to reach 10,000 annual enplanements-increasing FAA Airport Improvement Program funding for future airport Seven Different Carrier Bids *Advanced Air *ADI *Boutique *Key Lime *Mokulele *Silver *SkyWest Dr. Sobotta reviewed each bidder in detail. Advanced Air * Proposing Daily Service to: Phoenix and Hawthorne Strengths * Strong local outreach effort - notable community interest * Innovative model - Replace ground shuttle to PHX, and provide service to GA Airport - Hawthorne vs. LAX ("corporate" feel) * More daily frequency than some bidders Prescott City Council Special Voting Meeting — 07/03/2018 Page 3 Weaknesses * Limited or does not meet several EAS Criteria (1, 2, 3) > Limited or no current scheduled service offered (inc. no EAS) > No marketing, code share or interline agreements with larger carriers * Passenger forecast does not meet $200 cap * PHX must be TSA screened at LAX or re -screened if connecting to a T3 or T4 carrier at PHX * Lavatories may be unavailable on full (9-seat) flight * May not be able to accommodate two large families on one flight * Passenger accessibility - "Spider Lift" * Start Date: Each option states "schedules will be finalized with community input ... before "first flight in January." ADI (Aerodynamics dba California Pacific Airlines (Proposing Service to: Denver or Phoenix Strengths * Will use 50-seat ERI-145-regional jets (w/ flight attendant) * Both current EAS cities (Pierre & Watertown, SD) are below the subsidy cap (served as "Great Lakes Jet Express") * Accessibility - ADA ramp to be used Weaknesses * Limited or does not meet multiple EAS Criteria (2, 3) > No marketing, code share or interline agreements w/ large carriers * DIA option - "contingent bid" based on Alamosa, CO * Limited EAS experience - two EAS Cities * Ticketing is through Great Lakes old reservations system * Dated web presence (flygreatlakes.com or flyadi.com) -- new California Pacific website is reportedly forthcoming * Single hub operation Boutique Air (Proposing Service to: LAX, or LAX and PHX Strengths * Prior EAS experience, including in Arizona * Code share potential with United at PRC * Would like to establish a maintenance base at PRC * More daily frequency than some bidders Weaknesses * Some options offered with PC-12 single engine aircraft * Will use the regional carrier gates (T6) at LAX * PHX passengers -TSA rescreened to connect to T3/T4 carrier * Not EAS subsidy cap compliant at three EAS airports in 2017 * Lavatories may be unavailable on full (9-seat) flights Prescott City Council Special Voting Meeting — 07/03/2018 Page 4 * May not be able to accommodate two large families on one flight * Accessibility - "spider lift" * Lowest 2017 EAS bidder average completion rate (95.8%) with some similar feedback from airport references (reliability) • The average cap is $264 which is over the $200 CAP. Key Lime dba Denver Air Connection (Proposing Service to: Denver) Strengths * Will use Dornier 328 30-seat Regional Jets with flight attendant * Successful "public charter" experience; exceeded 10K enplanements at three airports (+ Denver presence) * Accessibility-ADA Ramp to be used Weaknesses * Limited or does not meet multiple EAS Criteria (2, 3) * No experience in serving EAS markets * No current marketing, code share or interline agreements with larger carriers * Using an older (Great Lakes) reservation system and call center * Single Hub Service Mokulele Flight Service, dba Mokulele Airlines (Proposing Service to: LAX and PHX) Strengths * Some prior EAS experience, including in Arizona Weaknesses * Will use single -engine Cesna Caravans - not pressurized, slower, and high aircraft interior noise levels * Limited or does not meet multiple EAS Criteria (2, 3, 5) >No marketing, code share or interline agreements with larger carriers >Only in-house airline marketing support by the airline (no $ specified) * Will use regional gates: LAX T6 and PHX T2 * PHX passengers must be TSA re -screened, if connecting to a T3/T4 carrier * Not EAS subsidy Cap Compliant at their $200 cap airport * Accessibility -not specified Silver Airways Proposing Service to: LAX (daily) and LAS (Th, Sun only) Strengths * New 46 seat ATR-42 aircraft (with flight attendant) * Dual hub model (LAX and LAS) * Code share potential with United (LA) and Jet Blue (Vegas) * Prior EAS service experience and reinventing themselves Weaknesses Prescott City Council Special Voting Meeting — 07/03/2018 Page 5 * Some prior EAS reputation and reliability concerns -previously replaced by Sky West, Boutique, Contour, Via and Southern (only serving one current EAS city) * The LAS flight is limited to Thursday and Sunday only * Limited west coast presence and maintenance plans * Accessibility -"spider lift" or crew assist SkyWest Airlines Proposing Service to: DIA and LAX (M-F, Sun) as United Express Strengths * United Airlines (UA) code share and co -branding confirmed (fully integrated UA website) * Cooperative marketing agreement with United * Will use 50-seat CRJ 200-regional jets (with flight attendant) * Dual hub model - top two destinations for PRC passengers >Daily UA Departures: DIA-450; LAX-200 * Co -located in same terminals as UA * Most extensive EAS experience (33 cities+) * All EAS cities are below subsidy cap * Accessibility-ADA ramp to Aircraft * Recently signed a multi -year partnership agreement with ERAU Weaknesses * Fewer daily flights than some 9-seat bids Dr. Sobotta said the Airport Advisory Committee voted and SkyWest was selected. Councilman Goode asked if they exceed their cap, can they lose their subsidy from the Department of Transportation and if EAS status is lost by an airport, can it be permanently lost? Dr. Sobotta said that is correct and her understanding is Congress is getting more stringent on making that cap for the airports within 210 miles of a medium or large hub airport. Councilman Blair said he would rather see someone with a track record that has reliability and the fair market will increase the number of trips based upon the enplanements. Councilman Lamerson asked if ERAU (Embry Riddle Aeronautical University) is working with SkyWest. Dr. Sobotta said yes. Councilman Lamerson said this is a huge positive for Prescott and ERAU. Dr. Ayers, Chancellor for ERAU at the Prescott campus, said they have a partnership agreement with SkyWest to help bring their expertise in pilots, but also business degrees and other degree fields to work in partnership to place young people in those fields. ERAU has been named the number one university in Arizona and Florida for job placement. He said ERAU did over 1,000 enplanements and $.5 million of travel last year which none of it was out of the Prescott Airport. Prescott City Council Special Voting Meeting — 07/03/2018 Page 6 Mayor Pro Tem Orr thanked staff and all of the airlines that did bid. There were seven different airlines that were interested and only one can be selected. Councilman Sischka said we need to get it right this time. The community has had problems with air service where it has started and stopped over the years. We need to go with an established success story and that is SkyWest. Councilman Goode said he worked on House Bill 2005 and got it through the legislature which addressed the growing shortfall of pilots that is at 10,000 throughout the country. Having ERAU contracting with SkyWest will help with the pilot reliability and service. Having a fifty seat jet that citizens can rely on to meet their needs is so important for businesses and families. Capacity is important because a lot of families won't fit on an eight or nine seat plane. SkyWest has committed dollars and is committed to our community. A marketing campaign will fill the jets and will help get to the 10,000 enplanements. There is no question that SkyWest is the best choice. Councilwoman Scholl asked when would the flights begin out of Prescott. Dr. Sobotta said the anticipated start date is the end of August. Council thanked the Airport Advisory Committee, the bidders and staff for all of their hard work. Airport Advisory Committee Chairman Juliani said the committee went through the analysis in detail and the committee did a fantastic job. The consensus was that SkyWest offered the great solution that Prescott has been waiting for this a long time and can serve us for a long time in the future. Andy Jacobs, on behalf of Advanced Air, wanted to thank the city for the opportunity to visit with the community. They were also very impressed with the community. Looking at the bids, Advanced Air was strong in the fact that they are the only company that provided a market survey in the bid. They believe the two most popular cities are Phoenix and Los Angeles and they offer multiple flights per day. Another strength is they have multiple flights per day with much more opportunities for connections. They also are delivering more options for the lowest federal subsidy. He apologized for the start date, he corrected and said they could start tomorrow. Citizen Jared Adams said the most important thing is accessibility and comfort. Having an airport here and being able to drive to the Prescott airport and get on a plane rather than having to drive to Phoenix is a major convenience for the citizens. SkyWest has connections to pretty much everywhere in the US. Prescott Valley citizen Jonathan McCommack, in his experience, airlines that have flown to Prescott under another air carrier's name have always done better and not mark it as an individual name because people don't know who they are. People know who United is and that is what they are going to look at. Prescott City Council Special Voting Meeting — 07/03/2018 Page 7 COUNCILMAN SISCHKA MOVED TO APPROVE SKYWEST AS THE ESSENTIAL AIR SERVICE PROVIDER AT PRESCOTT AIRPORT; SECONDED BY MAYOR PRO TEM ORR: PASSED 7-0. 5. Adjournment Mayor Mengarelli quoted Orville Wright: "With all the knowledge and skills acquired and thousands of flights in the last ten years, I would hardly think today of making my first flight on a strange machine and a twenty-seven mile wind even if I knew that machine and already had been flown and was safe". There being no further business to discuss, Mayor Mengarelli adourned the Special Voting Meeting adjourned at 3:47 p.m. ATTEST: MAUREEN SCOTT, City Clerk CERTIFICATION GREG MENGARELLI, Mayor I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Special Voting Meeting of the City Council of the City of Prescott, Arizona held on the 3rd day of July, 2018. I further certify the meeting was duly called and held and that a quorum was present. Dated this day of , 2018. AFFIX CITY SEAL Maureen Scott, City Clerk cITYoFPRESCOTT CITY COUNCIL MEETING STUDY SESSION MEETING MINUTES TUESDAY, JULY 10, 2018, 2:00 PM Council Chambers, 201 South Cortez Street Prescott AZ 86303 (928) 777-1272 Greg Mengarelli, Mayor Billie Orr, Mayor Pro Tem Jim Lamerson, Councilman Steve Blair, Councilman Alexa Scholl, Councilwoman Phil Goode, Councilman Steve Sischka, Councilman MINUTES OF THE STUDY SESSION MEETING OF THE PRESCOTT CITY COUNCIL HELD ON JULY 10, 2018, in the COUNCIL CHAMBERS LOCATED AT 201 SOUTH CORTEZ STREET, PRESCOTT, ARIZONA. 1. CALL TO ORDER Mayor Pro Tem Orr called the meeting to order at 2:00 p.m. 2. ROLL CALL Greg Mengarelli Billie Orr Steve Blair Phil Goode Jim Lamerson Alexa Scholl Steve Sischka 3. DISCUSSION Mayor (Excused) Mayor Pro Tem Councilman Councilman Councilman Councilwoman Councilman A. Presentation by the Prescott Area Young Professionals Advisory Committee. Board Member Grant Quezada with the Prescott Area Young Professionals Advisory Committee (PAYP) presented on the Advisory Committee. Assessments occurred on identifying ways to get young people to stay in Prescott. There is a need for a live, work and play atmosphere. The Advisory Committee identified ideas such as kids splash pads, a conference center and making Yavapai County a hub for economic de- velopment stability and integration. Councilman Goode said microbreweries are a millennial professional trend. He would like to see the Granite Creek park area become an up and coming destination. Mayor Pro Tem Orr said Bozeman, Montana is similar to Prescott and encouraged PAYP to look into that area as it is similar to Prescott. Generated 7/16/2018 3:40 PM Prescott City Council Study Session Meeting — 07/10/2018 Page 2 Mr. Quezada shared how the Advisory Committee looked at how to incorporate and better utilize Prescott to make a walk -ability factor and work to extend it to other areas. Councilman Lamerson arrived at 2:10 p.m. Mr. Quezada discussed Jefferson Park which is also known as Mile High Middle School. There is a greenway for walk -ability in that area. From Mile High to Granite Creek Park, the trail isn't well taken care and that creates an uninviting experience. There are chain link fences on the greenway and there is no easy way to get off the trail. With a little bit of care and effort, this area would be a very enjoyable walking path. With events occurring downtown, the goal is to have a nice walk in between the parks that would be inviting to everyone. City Manager Michael Lamar explained the current make-up of the Granite Creek Corridor. Staff has walked and assessed the area. From El Gato Azul to Granite Creek Park the City will be working to clean the whole area through neighborhood services. Parks and Recreation looked into ingress/egress for accessibility. This area has been underutilized, has unlimited potential and shouldn't cost too much. This project is a long time overdue. The idea is to make it safe. Mr. Quezada also shared about the old railroad tracks. The Advisory Committee suggested paths for walking or bicycling from the old train tracks on Iron Springs to Williamson Valley. The green belt could also be connected to the rodeo. Some of the uses for Jefferson Park and Granite Creek Park could be to host some events. The Square area has a certain limit of events they can hold. Yavapai County does not want people on their Courthouse all of the time. Mr. Quezada said we would be shooting ourselves in the foot by not maximizing the ability for tourist and traffic to not take advantage of what is already in our backyard. Councilman Sischka inquired how food trucks fit into the conversation. Mr. Quezada said that state and county passed regulations and believed it is at the city level to determined whether they are allowed on private or public land as there are rules to having food trucks in public areas. Mayor Pro Tem Orr said the Prescott Downtown Partnership is looking at ways to expand. Mr. Lamar said there are some opportunities in August where food trucks will be tested to see how it will work in the northern area of Prescott. Councilman Sishcka inquired about a congregation of food trucks. City Attorney Jon Paladini said there could possibly be an area in downtown for a food truck area which is still being discussed. The city currently does not allow for food trucks or temporary uses on commercial property. However, as of August 3rd, the city is Prescott City Council Study Session Meeting — 07/10/2018 Page 3 obligated to allow these type of uses as long as they meet all county required regulations on private property on city property, we still regulate by commercial as we would any other. If there is a decision to allow in parks or parking lots, it would re- quire a contractual agreement or permit processes with the food truck vendor. Councilman Blair said since APS has moved out of their downtown yard, there is a great access with a hard surface where vendor trucks could energize the whole downtown. A release of property may be considered for accessibility. This would be great to de- velop this area. Mr. Lamar said everyone is engaged and excited about updating the green belt between the two parks. There is now concentration in north Prescott. Outreach will need to be done for the brick and mortar stores. Councilman Sischka mentioned the concern for competition with brick and mortar outreach. Mr. Quezada said downtown is lacking outside eating experiences. In order to start this, a couple of events could be hosted at Granite Park. Citizen Sandra Smith said the trail has been extended further south from Mile High Middle School to White Spar. They almost have clearance through the Veteran Affairs to Prescott Valley which is underway but not very many people know about it. Parks and Recreation Director Joe Baynes said they are working on many trail connec- tors out to the Peavine Trail. Mr. Quezada suggested having a map at all of the trailhead's. 4. ADJOURNMENT There being no further business to discuss , Mayor Pro Tem Orr adjourned the meeting at 2:39 p.m. GREG MENGARELLI, Mayor ATTEST: MAUREEN SCOTT, City Clerk Prescott City Council Study Session Meeting — 07/10/2018 Page 4 CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Study Session Meeting of the City Council of the City of Prescott, Arizona held on the 10th day of July, 2018. I further certify the meeting was duly called and held and that a quorum was present. Dated this day of , 2018. AFFIX CITY SEAL Maureen Scott, City Clerk CITYOFPRF, (,`QTrI1 CITY COUNCIL MEETING w• Ex) , l�,�se e w VOTING MEETING MINUTES TUESDAY, JULY 10, 2018, 3:00 PM Council Chambers, 201 South Cortez Street Prescott AZ 86303 (928) 777-1272 Greg Mengarelli, Mayor Billie Orr, Mayor Pro Tem Jim Lamerson, Councilman Steve Blair, Councilman Alexa Scholl, Councilwoman Phil Goode, Councilman Steve Sischka, Councilman MINUTES OF THE VOTING MEETING OF THE PRESCOTT CITY COUNCIL HELD ON JULY 10, 2018, in the COUNCIL CHAMBERS LOCATED AT 201 SOUTH CORTEZ STREET, PRESCOTT, ARIZONA. 1. CALL TO ORDER Mayor Pro Tem Orr called the meeting to order at 3:00 p.m. 2. INTRODUCTIONS/ANNOUNCEMENTS Mayor Pro Tem Orr extended gratitude for the Prescott Area Young Professionals in the Prescott community. 3. INVOCATION Pastor Charlie Perkins with Prescott Presbyterian Church 4. PLEDGE OF ALLEGIANCE Councilman Blair 5. ROLL CALL Greg Mengarelli Billie Orr Steve Blair Phil Goode Jim Lamerson Alexa Scholl Steve Sischka Mayor (Excused) Mayor Pro Tem Councilman Councilman Councilman Councilwoman Councilman 6. CONSENT AGENDA COUNCILMAN SISCHKA MOVED TO APPROVE AGENDA ITEMS 6.A THROUGH 6.1; SECONDED BY COUNCILWOMAN SCHOLL: PASSED 6-0. Generated 7/17/2018 3:17 PM Prescott City Council Voting Meeting — 07/10/2018 Page 2 A. Approval of the draft minutes from the April 24, 2018 Study Session, the April 24, 2018 Voting Meeting, the May 08, 2018 Special Meeting - Executive Session, the May 08, 2018 Study Session, the May 08, 2018 Voting Meeting, and the May 22, 2018 Budget Workshop Meeting. B. Revision of Plat (RVP18-013) for Antelope Crossings Phase 1 to incorporate abandoned right-of-way into the subdivision; Owner is Chamberlain Development, LLC; APN's 102-04-031 through 102-04-099. C. Award of City Contract No. 2019-046 to Lucity, Inc., for asset management software system annual technical support and maintenance, in the amount of $35,830.13. Funding is available in various funds. D. Approval of FY19 increase and leave adjustment for contracted employee City Clerk (Contract No. 2019-042). E. Approval of FY19 increase for contracted employee City Attorney (Contract No. 2019-043). F. Approval of FY19 increase for contracted employee City Manager (Contract No. 2019-044). G. Award City Contract No. 2019-039 to Lester's Joinery & Millwork for the Restoration of Damaged Frames and Replacement of Windows with Sol- Lex Glass at the Armory Building in the Amount of $35,970.00. Funding is available in the Facilities Management Fund. H. Approval for the City of Prescott Police Department to Apply for Various FY 2019 Grant Funding Opportunities. I. Approval to Use State Contract ADOC 18-192870 with FX Tactical, LLC., to Purchase Budgeted Duty Equipment and Uniforms in the Estimated Amount of $48,000.00, During FY19. The estimated amount of $48,000.00 is comparable to prior year expenditures and is budgeted in the General Fund. 7. ORDINANCES/CONSENT A. Adoption of Ordinance No. 2018-1607 abandoning a portion of Willow Creek Road adjacent to Antelope Crossings. ADOPT ORDINANCE NO. 2018-1607 OF THE MAYOR AND COUNCIL OF THE CITY OF PRESCOTT, YAVAPAI COUNTY, ARIZONA, AUTHORIZING THE ABANDONMENT OF RIGHT OF WAY AND RESERVING AN EASEMENT FOR PUBLIC UTILITIES ACROSS THE ENTIRE AREA OF ABANDONMENT, TO DW1 INVESTMENTS LLC AND AUTHORIZING THE MAYOR AND STAFF TO EXECUTE ANY AND ALL DOCUMENTS TO EFFECTUATE SAID ABANDONMENT. Prescott City Council Voting Meeting — 07/10/2018 Page 3 B. Adoption of Ordinance No. 2018-1622, authorizing the purchase and acceptance of easements and right-of-way for the Coronado Avenue Safe Route to School SF029 project. Funding is available from the Streets Fund in the amount of $3,491.00, plus closing costs. ADOPT ORDINANCE NO. 2018-1622 OF THE MAYOR AND COUNCIL OF THE CITY OF PRESCOTT, YAVAPAI COUNTY, ARIZONA, AUTHORIZING THE PURCHASE OF EASEMENTS FROM, ROBERT H. KIECKHEFER 1978 REVOCABLE TRUST, WILLIAM AND SYLVIA NEELY TRUST, KNIGHTEK LLC, JEAN OWEN, NANCY CHURCH, KARL AND JILL WAGNER, JEANNIE MCCALL, AND EDWARD MARMAN AND LAURIE KNUTSEN, AND AUTHORIZINE THE PURCHASE OF RIGHT OF WAY FROM KNIGHTEK LLC, AND JEAN OWEN, FOR THE CORONADO AVENUE SAFE ROUTE TO SCHOOL SF029 PROJECT; AND AUTHORIZING THE MAYOR AND STAFF TO EXECUTE ANY AND ALL DOCUMENTS TO EFFECTUATE SAID PURCHASES. COUNCILWOMAN SCHOLL MOVED TO ADOPT AGENDA ITEMS 7.A THROUGH 7.B; SECONDED BY COUNCILMAN SISCHKA: PASSED 6-0. 8. LIQUOR LICENSE AGENDA A. NEW LICENSES 1. Public Hearing and consideration for a New Series 12 Restaurant liquor license and application from Amanda Cordoba, applicant, for El Charro Norte, located at 120 N. Montezuma Street. COUNCILWOMAN SCHOLL MOVED TO CLOSE THE PUBLIC HEARING; SECONDED BY COUNCILMAN SISCHKA: PASSED 6-0. COUNCILWOMAN SCHOLL MOVED TO APPROVE AGENDA ITEM 8.A.1; SECONDED BY COUNCILMAN SISCHKA: PASSED 6-0. 2. Public Hearing and consideration for a New Series 12 Restaurant liquor license and application from Marc Mereness, applicant, for Carmella's, located at 156 S. Montezuma Street. Suite C. COUNCILMAN SISCHKA MOVED TO CLOSE THE PUBLIC HEARING; SECONDED BY COUNCILWOMAN SCHOLL: PASSED 6-0. COUNCILWOMAN SCHOLL MOVED TO APPROVE AGENDA ITEM 8.A.2; SECONDED BY COUNCILMAN LAMERSON: PASSED 6-0. 3. Public Hearing and consideration for a New Series 12 Restaurant liquor license and application from Jolanta Moskovich, applicant, for /'Atmes,Fir/, located at 232 S. Montezuma Street. Prescott City Council Voting Meeting — 07/10/2018 Page 4 COUNCILWOMAN SCHOLL MOVED TO CLOSE THE PUBLIC HEARING; SECONDED BY COUNCILMAN LAMERSON: PASSED 6-0. COUNCILWOMAN SCHOLL MOVED TO APPROVE AGENDA ITEM 8.A.3; SECONDED BY COUNCILMAN LAMERSON: PASSED 6-0. B. SPECIAL EVENTS COUNCILMAN LAMERSON MOVED TO APPROVE AGENDA ITEMS 8.B.1 THROUGH 8.B.6; SECONDED BY COUNCILWOMAN SCHOLL: PASSED 6-0. 1. Approval of a Series 15 Special Event Liquor License Application for the Boys & Girls Club of Central Arizona; Event: The Monsoon Festival; Event Location: 100 S. Cortez Street; Applicant: Gerald Szostak; City Application No. 18-037; Date/Time of Event Liquor Sales: Saturday August 18, 2018 from 11:00 a.m. to 7:00 p.m. 2. Approval of a Series 15 Special Event Liquor License Application for the Prescott Vette Sette Charitable Foundation; Event: Prescott All Corvette Show; Event Location: Holiday Courtyard at 154 S. Montezuma Street; Applicant: David Foote; City Application No. 18- 038; Date/Time of Event Liquor Sales: Friday September 21, 2018 from 5:00 p.m. to 7:00 p.m. 3. Approval of a Series 15 Special Event Liquor License Application for the Prescott Sunrise Lions Club; Event: Family Fun Day; Location: 1185 Commerce Drive; Applicant: Mark Anderson; City Application No. 18-032; Date/Time of Event Liquor Sales: Saturday September 29, 2018 from 11:00 a.m. to 5:30 p.m. 4. Approval of a Series 15 Special Event Liquor License Application for the Arizona Wildfire and Incident Management Academy; Event: Captain CrossFit Hotshot Workout; Location: 420 N. 6th Street; Applicant: Elizabeth Reiman; City Application No. 18-035; Date/Time of Event Liquor Sales: Friday August 24, 2018 from 5:00 p.m. to 8:00 p.m. and Saturday August 25, 2018 from 7:30 a.m. to 5:00 p.m. 5. Approval of a Series 15 Special Event Liquor License Application for the St. Luke's Episcopal Church; Event: Cabaret 2018 All You Need is Love; Location: 2000 Shepard's Lane; Applicant: Eleanor Lassiter; City Application No. 18-036; Date/Time of Event Liquor Sales: Sunday September 9, 2018 from 5:00 p.m. to 10:00 p.m. 6. Approval of a Series 15 Special Event Liquor License Application for the Sharlot Hall Historical Society of Arizona; Event: Sharlot Wine Fest; Location: 415 W. Gurley Street; Applicant: Nancy Hans; City Application No. 18-033; Date/Time of Event Liquor Sales: Saturday August 18, 2018 from 3:00 p.m. to 8:00 p.m. Prescott City Council Voting Meeting — 07/10/2018 Page 5 9. REGULAR AGENDA A. Approval of Acker Trust Board Grants for Fiscal Year 2019. Parks and Recreation Director Joe Baynes presented on the request for approval to fund the following programs for FY019: the Chaparral Arts for $2,000.00; the Mountain Chordsmen for $2,000.00; the Prescott Pops Symphony for $3,000.00; the Yavapai College Foundation for $2,500.00 and the Yavapai Symphony Association for $3,000.00. COUNCILMAN SISCHKA MOVED TO APPROVE AGENDA ITEM 9.A; SECONDED BY COUNCILWOMAN SCHOLL: PASSED 6-0. B. Approval of City Contract No. 2019-040 with Al Holler and Associates for one year of tax audit services for $42,000.00. Funding is available in the Revenue Funds. Budget and Tax Manager Lars Johnson presented on the request for approval with the Al Holler and Associates for a one year tax audit service contract. The city's in-house auditor retired in June and staff felt that contracting outside services would be great way to manage tax audit services. They are not proposing a position but to have more of a customer service approach. The business license position will help businesses understand the process. Councilman Goode said having outside auditors is a solid business management decision. He would recommend rotating them each year. Since keeping this position, the auditor cost will be an additional cost. Mr. Johnson said they would like to try this company for a year. Finance Director Mark Woodfill said this is the auditing of the local businesses. There was a gap with the sales tax auditor. The position has been downgraded and will not cost as much. The additional cost will be recovered with an outside auditor and will bring an increase in revenue. Councilman Blair inquired what the state is charging the city to manage the city's money. Mr. Woodfill said it is for all of the state shared revenues. Councilman Blair stated that he still has heartburn about being a charter city. We tax ourself and take that money and bed tax and license money and send it to the state. Councilman Blair inquired if the city could file a lawsuit with the state of AZ. City Attorney John Paladini said the current case law that would indicate that this type of lawsuit wouldn't be successful. There is a model city tax code that we have to adopt. What is left for charter cities is real estate transactions and local elections which elections are also being taken away with forcing charter cities to the consolidated elections. Concilman Blair said he is not happy with the sales tax. Councilman Goode inquired if the Transaction Privilege Tax (TPT) has been challenged by other charter cities. Mr. Paladini said it hasn't been directly to his knowledge. Councilman Goode asked if there is a weakness in the City Charter that does not reference TPT collections. Mr. Paladini stated there are limitations. The charter did not Prescott City Council Voting Meeting — 07/10/2018 Page 6 grant the city to tax, it limited the city to tax. Councilman Lamerson shared the frustration regarding cost associated with provid- ing basic services within the city and it applies to everyone equally. This community has thousands of businesses within the community but we do not approach col- lecting applicable taxes to provide basic services equally. The city only goes after the ones they can touch and inquired how much money is the city losing because we don't go out equally. Mr. Johnson said if he knew where they are, they would go after them. Councilman Lamerson said the city needs to figure out a way to treat tax- payers equally. Mr. Paladini said when people fail to pay their TPT tax, the city goes through the judicial order to shut the business down. Once the city finds out about a black market business, we will go after them to collect the taxes. Mr. Woodfill said everyone who is doing business here, will be taxed and licensed. If anyone knows of business in the black market, inform Finance and they will ensure the business is li- censed and paying taxes. COUNCILWOMAN SCHOLL MOVED TO APPROVE AGENDA ITEM 9.B; SECONDED BY COUNCILMAN SISCHKA: PASSED 6-0. C. Award of City Contract No. 2018-219 to Brown and Caldwell, for design and engineering services for the Zone 41 (Mingus) Pump Station, Tank and Pipeline Project, in the amount of $602,530.00. Funding is available in the Water Fund. Public Works Utilities Manager Eric Bay presented on the possible award for the design and engineering services for the Zone 41 (Mingus) Pump Station, Tank and Pipeline Project with Brown and Caldwell in the amount of $602,530.00 from the Water Fund. This booster station has aged and will be upsized to fix some drainage piping issues. COUNCILMAN LAMERSON MOVED TO APPROVE AGENDA ITEM 9.C; SECONDED BY COUNCILMAN GOODE: PASSED 6-0. D. Public Hearing for the FY2019 Budget, Expenditure Limitation, and Tax Levies; at Special Meeting Adoption of Resolution No. 2018-1648 Adopting the Final FY2019 Budget, Expenditure Limitation, and City Job Roster Finance Director Mark Woodfill presented on the FY19 public hearing of the budget, the setting of the expenditure limitation and property tax levies; and the Special Meeting to adopt Resolution No. 2018-1648 the final FY19 budget, expenditure limitation and city job roster. Mr. Woodfill shared details of the FY19 total city budget, the adoption of the final budget pertaining to funds at the department level, home rule expenditure limit at $191,270,765.00 and authorizing a position roster as required by City Charter. Councilman Goode said there have been a number of meetings and has analyzed the budget extensively. To be able to reduce the tax rate and get our bond obligation paid off, the Council is doing a much more effective and robust job in designing, engineering Prescott City Council Voting Meeting — 07/10/2018 Page 7 and building a lot of public works projects that haven't been completed in a num- ber of years. The Council is getting the projects done appreciates the work that the Council and staff have done. Councilman Sischka asked if Mr. Woodfill can explain what the property tax means. Mr. Woodfill explained the decreased property tax rate. Mayor Pro Tem Orr recessed the Regular Meeting at the conclusion of the Public Hearing and convened a Special Meeting per A.R.S. 42-17105 to determine and adopt estimates of proposed expenditures for the purposes stated in the pub- lished proposal. PURSUANT TO A.R.S. 38-431.02, NOTICE IS HEREBY GIVEN TO THE MEMBERS OF THE PRESCOTT CITY COUNCIL AND TO THE GENERAL PUBLIC THAT THE COUNCIL OF THE CITY OF PRESCOTT, ARIZONA, WILL HOLD A SPECIAL MEETING OPEN TO THE PUBLIC. A. CALL TO ORDER Mayor Pro Tem Orr called the Special meeting to order at 3:45 p.m. B. ROLL CALL Greg Mengarelli Billie Orr Steve Blair Phil Goode Jim Lamerson Alexa Scholl Steve Sischka Mayor (Excused) Mayor Pro Tem Councilman Councilman Councilman Councilwoman Councilman C. BUSINESS 1. ADOPT RESOLUTION NO. 2018-1648 OF THE MAYOR AND COUNCIL OF THE CITY OF PRESCOTT, YAVAPAI COUNTY, ARIZONA, DETERMINING AND ADOPTING FINAL ESTIMATES OF PROPOSED EXPENDITURES FOR FISCAL YEAR 2019, DECLARING THAT THE SAME SHALL CONSTITUTE THE BUDGET FOR THE CITY OF PRESCOTT FOR SAID FISCAL YEAR, ESTABLISHING THE EXPENDITURE LIMITATION, AND APPROVING AND UPDATING THE JOB ROSTER FOR THE CITY OF PRESCOTT. Prescott City Council Voting Meeting — 07/10/2018 Page 8 2. Recommended Action: MOVE to adopt Resolution No. 2018-1648. 3. Adopt Resolution 2018-1648. COUNCILMAN SISCHKA MOVED TO APPROVE AGENDA ITEM 9.D; SECONDED BY COUNCILWOMAN SCHOLL: PASSED 6-0. D. ADJOURNMENT OF SPECIAL MEETING Mayor Pro Tem Orr adjourned the Special Meeting at 3:47 p.m. REGULAR VOTING MEETING RECONVENED 10. ADJOURNMENT Mayor Pro Tem Orr provided a quote from Ronald Reagan which states "Government's first duty is to protect the people, not run their lives". There being no further business, Mayor Pro Tem Orr adjourned the Voting Meeting at 3:48 p.m. GREG MENGARELLI, Mayor ATTEST: MAUREEN SCOTT, City Clerk CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Voting Meeting of the City Council of the City of Prescott, Arizona held on the 10th day of July, 2018. I further certify the meeting was duly called and held and that a quorum was present. Dated this day of , 2018. AFFIX CITY SEAL Maureen Scott, City Clerk CITYoFPRESCOTT CITY COUNCIL MEETING A• I i O M A SPECIAL MEETING -EXECUTIVE SESSION MEETING MINUTES TUESDAY, JULY 24, 2018, 9:30 AM Lower Level Conference Room, 201 South Cortez Street Prescott AZ 86303 (928) 777-1272 Greg Mengarelli, Mayor Billie Orr, Mayor Pro Tem Jim Lamerson, Councilman Steve Blair, Councilman Alexa Scholl, Councilwoman Phil Goode, Councilman Steve Sischka, Councilman MINUTES OF THE EXECUTIVE SESSION MEETING OF THE PRESCOTT CITY COUNCIL HELD ON JULY 24, 2018, IN THE LOWER LEVEL CONFERENCE ROOM LOCATED AT 201 SOUTH CORTEZ STREET, PRESCOTT, ARIZONA. 1. CALL TO ORDER Mayor Mengarelli called the meeting to order at 9:34 a.m. 2. ROLL CALL Greg Mengarelli Mayor Billie Orr Mayor Pro Tem Steve Blair Councilman Phil Goode Councilman Jim Lamerson Councilman Alexa Scholl Councilwoman Steve Sischka Councilman (Remote) 3. CALL TO ENTER EXECUTIVE SESSION COUNCILMAN LAMERSON MOVED TO CONVENE INTO EXECUTIVE SESSION; SECONDED BY COUNCILMAN GOODE; PASSED 7-0. 4. EXECUTIVE SESSION A. LEGAL MATTERS Discussion or consultation for legal advice with the City's attorneys, to consider its position and instruct its attorneys regarding pending or existing contracts and in pending or contemplated litigation. (ARS 38-431.03.A.3 and 4): 1. Matters and uses affecting the City's water supply in the Little Chino and Big Chino aquifers. Generated 8/1/2018 9:55 AM Prescott City Council Executive Session Meeting — 07/24/2018 Page 2 5. ADJOURNMENT There being no further business to discuss, Mayor Mengarelli adjourned the Executive Session and Special Meeting at 11:19 a.m. GREG MENGARELLI, Mayor ATTEST: MAUREEN SCOTT, City Clerk CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Special Meeting of the City Council of the City of Prescott, Arizona held on the 24th day of July, 2018. I further certify the meeting was duly called and held and that a quorum was present. Dated this day of , 2018. AFFIX CITY SEAL Maureen Scott, City Clerk CITYoFPRF.SCOTT CITY COUNCIL MEETING A a I= O M A �� ,'r h�alrct�atir. SPECIAL MEETING -EXECUTIVE SESSION MEETING MINUTES TUESDAY, JULY 24, 2018, 1:00 PM Council Chambers, 201 South Cortez Street Prescott AZ 86303 (928) 777-1272 Greg Mengarelli, Mayor Billie Orr, Mayor Pro Tem Jim Lamerson, Councilman Steve Blair, Councilman Alexa Scholl, Councilwoman Phil Goode, Councilman Steve Sischka, Councilman MINUTES OF THE EXECUTIVE SESSION MEETING OF THE PRESCOTT CITY COUNCIL HELD ON JULY 24, 2018, IN THE COUNCIL CHAMBERS LOCATED AT 201 SOUTH CORTEZ STREET, PRESCOTT, ARIZONA. 1. CALL TO ORDER Mayor Mengarelli called the meeting to order at 1:02 p.m. 2. ROLL CALL Greg Mengarelli Billie Orr Steve Blair Phil Goode Jim Lamerson Alexa Scholl Steve Sischka Mayor Mayor Pro Tem Councilman Councilman Councilman Arrived at 1:16 p.m. Councilwoman Councilman (Excused) 3. CALL TO ENTER EXECUTIVE SESSION COUNCILMAN BLAIR MOVED TO CONVENE INTO EXECUTIVE SESSION; SECONDED BY COUNCILWOMAN SCHOLL; PASSED 5-0. 4. EXECUTIVE SESSION A. LEGAL MATTERS 1. Discussion or consultation for legal advice with the City's attorneys, to consider its position and instruct its attorneys regarding pending contracts, and regarding negotiations for the purchase, sale or lease of real property. (ARS 38-431.03.A.3, 4 and 7) Development in downtown Prescott affecting City -owned properties. Generated 8/1/2018 10:06 AM Prescott City Council Executive Session Meeting — 07/24/2018 Page 2 2. Discussion or consultation for legal advice with the City's attorneys, and to consider its position and instruct its attorneys regarding pending contracts (ARS 38-431.03.A.3 and 4) Whispering Rock Development Agreement 5. ADJOURNMENT There being no further business to discuss, Mayor Mengarelli adjourned the Executive Session and Special Meeting at 2:12 p.m. GREG MENGARELLI, Mayor ATTEST: MAUREEN SCOTT, City Clerk CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Special Meeting of the City Council of the City of Prescott, Arizona held on the 24th day of July, 2018. I further certify the meeting was duly called and held and that a quorum was present. Dated this day of , 2018. AFFIX CITY SEAL Maureen Scott, City Clerk 8.0 CITYot P/R�ESCOTT F_Pcrybn�y f astrivwn MEETING DATE/TYPE: COUNCIL AGENDA MEMO VOTING MEETING 8-14-18 DEPARTMENT: Public Works AGENDA ITEM: Award of City Contract No. 2019-061 to Dukes Root Control, Inc., in an amount not to exceed $110,000.00 annually, for up to five years. Funding is available in the Wastewater Fund. FUNDING SOURCE: Wastewater Fund Approved By: Michael Lamar, City Manager Item Summary This item is to approve City Contract No. 2019-061 with Dukes Root Control, Inc., to apply a root control herbicide in City sewer mains in an amount not to exceed $110,000.00 annually, for up to five years. Background Root growth in sanitary sewer systems is a common occurrence and is a leading cause of sanitary sewer overflows. If left untreated, roots will decrease capacity, damage pipe, create blockages and increase maintenance costs. Dukes Root Control utilizes their trademark product Razorooter II for root removal. This treatment kills roots on contact inside the pipe, allowing the roots to decay naturally and slough away, with regrowth delayed for two to three years. The City has been utilizing this method of controlling roots for over 10 years, resulting in reduced maintenance costs and fewer sanitary sewer overflows caused by root blockages. Dukes Root Control provides a two-year guarantee that begins on the date of treatment and offers an additional three years if retreated less than six months beyond the expiration date. If any treated line becomes plugged by roots, Dukes will retreat the line at their own expense or refund payment for the line segment that was treated. Procurement Method The Houston -Galveston Area Council (H-GAC) cooperative purchasing agreement contract #SC01-18 will be utilized to procure this root control service. Financial Impact PQ. 8.0 AGENDA ITEM: Award of City Contract No. 2019-061 to Dukes Root Control, Inc., in an amount not to exceed $110,000.00 annually, for up to five years. Funding is available in the Wastewater Fund. FY19 funding in the amount of $110,000.00 is available in the Wastewater Fund. Subsequent fiscal year funding is subject to the availability and appropriations of funds. The City's standard services contract will be utilized in the performance of this service. Attachments 1. H-GAC Contract #SC01-18 Dukes Root Control 2. Duke's Root Control Brochure 3. Duke's Root Control Guarantee 4. Dukes Safety Data Sheet - Razorooter II 5. EPA Facts Recommended Action: MOVE to award City Contract No. 2019-061 to Dukes Root Control, Inc. 2 Packet Pg. 40 8.C.a Sewer Cleaning. Hydro -Excavating. inspection Eauijtment & Mitxtllaneo s rvices Paee 1 of 4 A CONTRACT BETWEEN HOUSTON-GALVESTON AREA COUNCIL Houston, Texas AND DUKE'S ROOT CONTROL, INC. Syracuse, New York This Contract is made and entered into by the Houston -Galveston Area Coundl of Governments, hereinafter referred to as H-GAC, having its principal place of business at 3555 Timmons Lane, Suite 120, Houston, Texas 77027, AND, Duke's Root Control, Inc. hereinafter referred to as the CONTRACTOR, having its principal place of business at 1020 Hiawatha Boulevard West, Syracuse, New York 13204. ARTICLE 1: SCOPE OF SERVICES The parties have entered into a Sewer Cleaning, Hydro -Excavating, Inspection Equipment & Miscellaneous Services Contract to become effective as of January 1, 2018, and to continue through December 31, 2020 (the "Contract"), subject to extension upon mutual agreement of the CONTRACTOR and H-GAC. H-GAC enters into the Contract as Agent for participating governmental agencies, each hereinafter referred to as END USER, for the purchase of Sewer Cleaning, Hydra -Excavating, Inspection Equipment & Misceibureaus Services offered by the CONTRACTOR The CONTRACTOR agrees to sell Sewer Cleaning, Hydro -Excavating, Inspection Equipment & Miscellaneous Services through the H-GAC Contract to END USERS. ARTICLE 2i. THE COMPLETE AGREEMENT The Contract shall consist of the documents identified below in order of precedence: 1. The text of this Contract form, including but not limited to, Attachment A 2. General Terms and Conditions 3. Bid Specifications No:SC01-18, including any relevant suffixes 4. CONTRACTOR'S Response to Bid No:SC01-18, including but not limited to, prices and options offered All of which are either attached hereto or incorporated by reference and hereby made a part of this Contract, and shall constitute the complete agreement between the parties hereto. This Contract supersedes any and all oral or written agreements between the parties relating to matters herein. Except as otherwise provided herein, this Contract cannot be modified without the written consent of both parties. ARTICLE 3: LEGAL Aj5HORTTY CONTRACTOR and H-GAC warrant and represent to each other that they have adequate legal counsel and authority to enter into this Contract. The governing bodies, where applicable, have authorized the signatory officials 10 enter into this Contract and bind the parties to the terms of this Contract and any subsequent amendments thereto. ARTICLE 4: APPLICABLE LAWS The parties agree to conduct all activities tinder this Contract in accordance with all applicable rules, regulations, directives, issuances, ordinances, and laws in effect or promulgated during the tern of this Contract. ARTICLE 5: )NDEPENDENT CONTRACTOR The execution of this Contract and the rendering of services prescribed by this Contract do not change the independent status of H-GAC or CONTRACTOR. No provision of this Contract or act of H-GAC in performance of this Contract shall be construed as making CONTRACTOR the agent, servant or employee of H-GAC, the State of Texas or the United States Goversmtent. Employees of CONTRACTOR are subject to the exclusive control and supervision of CONTRACTOR. CONTRACTOR is solely responsible for employee payrolls and claims arising therefrom. ARTICLE 6: END USER AGREEMENTS H-GAC acknowledges that the END USER may choose to enter into an End User Agreement with the CONTRACTOR through this Contract and that the tenet of said Agreement may exceed the term of the H-GAC Contract. However, this acknowledgement is not to be construed as H-GAC's endorsement or approval of the Etal Usei Agteeurettt tents and conditions. CONTRACTOR agrees not to offer, agree to or accept from END USER any terms or conditions that conflict with or contravene those in CONTRACTOR's H-GAC contract. Further, termination of this Contract for any reason shall not result in the termination of the underlying End User Agreements entered into between CONTRACTOR and any END USER which shall, in each instance, continue pursuant to their stated terms and duration. The only H:1('ONTRACTS1SewerCleaning, Hydro -Excavating, inspection Equipment & Miscellaneous Services \Duke's Root Control. Inc.1SC01-18.9 Attachment: H-GAC Contract #SC01-18 Dukes Root Control (2109 : Dukes Root Control) 8.C.a Sewer Cleaning. Hydro -Excavating, Inspection Equipment & Miscellaneous Services Page 2 of 4 effect of termination of this Contract is that CONTRACTOR will no longer be able to enter into any new End User Aggc.nettts with END USERS pursuant to this Contract. Applicable H-GAC order processing charges will be due and payable to H-GAC on any End User Agreements surviving termination of this Contract between H-GAC and CONTRACTOR . ARTICLE 7: $UHCONTRACTS & ASSIGNMENTS CONTRACTOR agrees not to subcontract, assign, transfer, convey, subset or otherwise dispose of this Contract or any right, title, obligation or interest it may have therein to any third party without prior written notice to H-GAC. H-GAC reserves the right to accept or reject any such change. CONTRACTOR shall continue to remain responsible for all performance under this Contract regardless of any subcontract or assignment. H-GAC shall be liable solely to CONTRACTOR and not to any of its Subcontractors or Assignees. ARTICLE 8; EXAMINATION AND RETENTION OF CONTRACTOR'S RECORDS CONTRACTOR shall maintain during the course of its work, complete and accurate records of items that are chargeable to END USER under this Contract. H-GAC, through its staff or its designated public accounting fine, the State of Texas, orthe United States Government shall have the right at any reasonable time to inspect copy and audit those records on or off the premises of CONTRACTOR. Failure to provide access to records may be cause for termination of this Contract. CONTRACTOR shall maintain all records pertinent to this Contract for a period of not less than five (5) calendar years from the date of acceptance of the final contract closeout and until any outstanding litigation, audit or claim has been resolved. The right of access to records is not limited to the required retention period, but shall last as long as the records are retained. CONTRACTOR further agues to include in all subcontracts under this Contract, a provision to the effect that the subcontractor agrees that H-GAC'S duly authorized representatives, shall, until the expiration of five (5) calendar years after final payment under the suboontact or until all audit findings have been resolved, have access to, and the right to examine and oopy any directly pertinent books, documents, papers, invoices and records of such subcontractor involving any transaction relating to the subcontract. ARTICLE 9: REPORTING REOUIREMENTs CONTRACTOR agrees to submit reports or other documentation in accordance with the General Terms and Conditions of the Bid Specifications. If CONTRACTOR fails to submit to H-GAC in a timely and satisfactory manner any such report or documentation, or otherwise fails to satisfactorily render performance hereunder, such failure may be considered cause for termination of this Contract ARTICLE 18; MOST FAVORED CUSTOMER CLAUSE V CONTRACTOR, at any time during this Contract , routinely enters into agreements with other governmental customers within the State of Texas, and offers the same or substantially the same products/services offered to H-GAC on a basis that provides prices, warranties, benefits, and or terms more favorable than those provided to H-GAC, CONTRACTOR shall notify H-GAC within ten (10) business days thereafter of that offering and this Contract shall be deemed to be automatically amended effective retroactively to the effective date of the most favorable contract, wherein CONTRACTOR shall provide the same prices, warranties, benefits, or terms to H-GAC and its END USER. H-GAC shall have the right and option at any tune to decline to accept any such change, in which case the amendment shall be cleaned null and void. If CONTRACTOR is of the opinion that any apparently more favorable price, warranty, benefit, or term charged and/or offered a customer during the term of this Contract is not in fact most favored treatment, CONTRACTOR shall within ten (10) business days notify H-GAC in writing, setting forth the detailed reasons CONTRACTOR believes aforesaid offer which has been deemed to be a most favored treatment, is not in fact most favored treatment. H-GAC, after due consideration of such written explanation, may decline to accept such explanation and thereupon this Contract between H-GAC and CONTRACTOR shall be automatically amended, effective retroactively, to the effective date of the most favored agreement, to provide the same prices, warranties, benefits, or terms to H- GAC. The Parties accept the following definition of routine: A prescribed, detailed course ofaction to be followed regularly; a standard procedure. EXCEP770N: This clause shall not be applicable toprices and price adjustments offered by a bidder, proposes or contractor, which are not within bidder's/ proposer's control /example; a manufacturer's bid concession', or to any prices offered to the Federal Govenune t and its agencies. ARTICLE 11: SEVERABILITY All parties agree that should any provision of this Contract be determined to be invalid or unenforceable, such determination shall not affect any other term of this Contract, which shall continue in full force and effecx. ARTICLE 12: DISPUTES Any and all disputes concerning questions of fact or of law arising under this Contract, which are not disposed of by agreement, shall be decided by the Executive Director of H-GAC or his designee, who shall reduce his decision to writing and provide notice thereof to CONTRACTOR The decision of the Executive Director or his designee shall be final and conclusive unless, within thirty (30) days from the date of receipt of H:Y'OMRACTS\SewerCleaning. Hydro -Excavating, Inspection Equipment & Miscellaneous ServicesNDuke4 Root Control, Inc.\SC01-1$.9 Attachment: H-GAC Contract #SC01-18 Dukes Root Control (2109 : Dukes Root Control) Pf 8.C.a Sewer Cleaning. Hvdru-Excavating, Inspection Equipment & Miscellaneous Services Pane 3 of 4 such notice, CONTRACTOR requests a rehearing from the Executive Director of H-GAC. In connection with any rehearing under this Article, CONTRACTOR shall be afforded an opportunity to be heard and offer evidence in support of its position. The decision of the Executive Director after any such rehearing shall be final and conclusive. CONTRACTOR may, if it elects to do so, appeal the fmal and conclusive decision of the Executive Director to a court of competent jurisdiction Pending final decision of a dispute hereunder, CONTRACTOR shall proceed diligently with the performance of this Contract and in accordance with H-GAC'S final decision. ARTICLE 13: IMITATION OF CONTRACTOR'S LIABILITY Except as specified in any separate writing between the CONTRACTOR and an END USER, CONTRACTOR's total liability under this Contract, whether for breach of contract, warranty, negligence, strict liability, in tort or otherwise, but excluding its obligation to indemnify H-GAC described in Article 14, is limited to the price of the particular products/services sold hereu nda, and CONTRACTOR agrees either to refund the purchase price or to repair or replace product(s) that are not as warranted In no event will CONTRACTOR be liable for any loss of use, loss of time, inconveuenee, corrmrne vial loss, lost profits or savings or other incidental, special or consequential damages to the full extent such use may be disclaimed by law. CONTRACTOR understands and agrees that it shall be liable to repay and shall repay upon demand to END USER any amounts determined by H-GAC, its independent auditors, or any agency of State or Federal government to have been paid in violation of the terms of this Contract. ARTICLE 14: MITT OF H-GAC'S LIABILITY AND INDEMNIFICATION OF H-GAC H-GAC's liability under this Contract, whether for breach of contract, warranty, negligence, strict liability, in tort or otherwise, is limited to its order processing charge. In no event will H-GAC be liable for any loss of use, loss of time, inconvenience, commercial loss, lost profits or savings or other incidental, special or consequential damages to the full extent such use may be disclaimed by law. Contractor agrees, to the extent permitted by law, to defend and hold harmless H-GAC, its board members, officers, agents, officials, employees, and irde mities from any and all claims, costs, expenses (including reasonable attorney fees), actions, causes of action, judgments, and liens arising as a result of CONIRACI OR's negligent act or omission under this Contract. CONTRACTOR shall notify H-GAC of the threat of lawsuit or of any actual suit filed against CONTRACTOR relating to this Contract. A tT ICLE 15: TERMINATION FOR CAUSE H-GAC may terminate this Contract for cause based upon the failure of CONTRACTOR to comply with the terms and/or conditions of the Contract; provided that H-GAC shall give CONTRACTOR written notice specifying CONTRACTOR'S failure. If within thirty (30) days after receipt of such notice, CONTRACTOR shall not have either corrected such failure, or thereafter proceeded diligently to complete such correction, then H-GAC may, at its option, place CONTRACTOR in default and the Contract shall terminate on the date specified in such notice. CONTRACTOR shall pay to H-GAC any order processing charges due from CONTRACTOR on that portion of the Contract actually performed by CONTRACTOR and for which compensation was received by CONTRACTOR. ARTICLE 16: TERMINATION FOR CONVENIENCE Either H-GAC or CONTRACTOR may cancel or terminate this Contract at any time by giving thirty (30) days written notice to the other. CONTRACTOR may be entitled to payment from END USER for services actually performed; to the extent said services are satisfactory to END USER CONTRACTOR shall pay to H-GAC any order processing charges due from CONTRACTOR on that portion of the Contract actually performed by CONTRACTOR and for which compensation is received by CONTRACTOR. ARTICLE 17: CIVIL AND CRIMINAL PROVISIONS AND SANCTIONS CONTRACTOR agrees that it will perform under this Contract in conformance with safeguards against fraud and abuse as set forth by H-GAC, the State of Texas and the acts and regulations of any funding entity. CONTRACTOR agrees to notify H-GAC of any suspected fraud, abuse or other criminal activity related to this Contract through filing of a written report promptly after it becomes aware of such activity. ARTICLE 18: GOVERNING LAW & VENUE This Contract shall be governed by the laws of the State of Texas. Venue and jurisdiction of any suit or cause of action arising under or. in connection with this Contract shall lie exclusively in Hams County, Texas. Disputes between END USER and CONTRACTOR arc to be resolved in accord with the law and venue rules of the state of purchase. CONTRACTOR shall immediately notify H-GAC of such disputes. ARTICLE 19: PAYMENT OF H-GAC ORDER PROCESSING CHARGE CONTRACTOR agrees to sell its products to END USERS based on the pricing and other teens of this Contract, including, but not limited to, the payment of the applicable H-GAC order processing charge. On notification from an END USER that an order has been placed with CONTRACTOR, H-GAC will invoice CONTRACTOR for the applicable order processing charge. Upon delivery of any product/service by CONTRACTOR and acceptance by END USER, CONTRACTOR shall, within thirty (30) calendar days or ten (10) business days after receipt of payment, whichever is less, pay H-GAC the full amount of the applicable order processing charge, whether or H:ICONTRACTSISewm Cleaning, Ilydm.Excavating, inspection Equipment & Miscellaneous Services\Duke's Root Control, lnclSCo1-18.9 Attachment: H-GAC Contract #SC01-18 Dukes Root Control (2109 : Dukes Root Control) Packet Pg. 8.C.a Sewer Cleaning. Hydro-Excavatine. InslsgthitEquipment & Miscellmegus Services Page 4 of 4 not CONTRACTOR has received an invoicc from H-GAC. For sales made by CONTRACTOR based on this contract, including sales to entities without Interlocal Contracts, CONTRACTOR shall pay the applicable order processing charges to H-GAC. Further, CONTRACTOR agrees to encourage entities who are not members of H-GAC's Cooperative Purchasing Program to execute an H-GAC Interlocal Contract. H-GAC reserves the right to take appropriate actions including, but not limited to, contract termination if CONTRACTOR fails to promptly remit H-GAC's order processing charge. In no event shall H-GAC have any liability to CONTRACTOR for any goods or services an END USER procures from CONTRACTOR. ARTICLE 20: LIOUIDATED DAMAGES Any liquidated damages terms will be determined between CONTRACTOR and END USER at the time END USER's purchase order is placed. ARTICLE 21: FERFORMANCE AND PAYMENT BOND FOR INDIVIDUAL ORDERS H-GAC's contractual requirements DO NOT include a Performance & Payment Bond (PPB), and offered pricing should reflect this cost saving. However, CONTRACTOR must be prepared to offer a PPB to cover any specific order if so requested by END USER. CONTRACTOR shall quote a price to END USER for provision of any requested PPB, and agrees to furnish the PPB within ten business (10) days of receipt of END USER': purchase order. ARTICLE 22; CHANGE OF CONTRACTOR STATUS CONTRACTOR shall immediately notify H-GAC, in writing, of ANY change in ownership, control, dealership/franchisee status, Motor Vehicle license status, or name, and shall also advise whether or not this Contract shall be affected in any way by such change. H-GAC shall have the right to determine whether or not such change is acceptable, and to determine what action shall be warranted, up to and including cancellation of Contract. ARTICLE 23: LICENSING REQUIRED BY TEUS MOTOR VEHICLE BOARD IIFAPPLIC4BLRI CONTRACTOR will, for the duration of this Contract, maintain current licenses that are required by the Texas Motor Vehicle Comnrission Code. If at any time during this Contract period, any CONTRACTOR'S license is not renewed, or is denied or revoked, CONTRACTOR shall be deemed to be in default of this Contract unless the Motor Vehicle Board issues a stay or waiver. Contractor shall promptly provide copies of all current applicable Texas Motor Vehicle Board documentation to H-GAC upon request. IN WITNESS WHEREOF, the parties have caused this Contract to be executed by their duly authorized representatives. Signed for Heaton-Gaivestso Area Coundl, Houston, Texas: Attest for Houston -Galveston Area Council, Houston, Texas: Date: LA911/1'" 20L Signed for Drone's Root Control, Inc/, Syracuse, New York: t? p�t Printed Name & Title 4 t/t41 L • E''O 0 lie Ce t 07.r` Date: t (/a"'O 2012 Attest for Duke''s Root Control, Inc. . / f,1( Syracuse, New York: r �L / t Printed Name & Title: VOA"- ' - 1'`r CI)07)� t�la 1l Vt .2011 i H:\CONTRACTS\Sewer Cleaning, Hydio-Excavating, Inspection Equipment & Miscellaneous Servic«UwLa's Root Control, Inc SC01-1E.9 Attachment: H-GAC Contract #SC01-18 Dukes Root Control (2109 : Dukes Root Control) PE 8.C.a Attachment A Duke's Root Control, Inc. Sewer Cleaning, Hydro -Excavating, Inspection Equipment and Miscellaneous Services Contract No.: SCO1-18 H-GAC PRODUCT ITEM BASE OFFERING PRICES H-GAC Product Code Description Base Offered Price I. Miscellaneous Sewer Cleaning Services 1003 Razorooter II - Chemical Root Control, 4" thru 9" pipe; {Minimum 3,000 Lft} (price shown is the cost per lineal foot) $ 1.45 I004 Razorooter II - Chemical Root Control, 10" thru 12" pipe; {Minimum 3,000 Lft} (price shown is the cost per lineal foot) $ 1.60 1005 Razorooter I1- Chemical Root Control, 13" thru 16" pipe; {Minimum 3,000 Lft} (price shown is the cost per lineal foot) $ 1.75 1006 Razorooter 11- Chemical Root Control, 18" thru 22" pipe; {Minimum 3,000 Lft} (price shown is the cost per lineal foot) $ 3.61 1007 Razorooter II - Chemical Root Control, 24" thru 30" pipe; {Minimum 3,000 Lft} (price shown is the cost per lineal foot) $ 5.78 1008 Razorooter 11- Chemical Root Control, 32" thru 36" pipe; {Minimum 3,000 Lft} (price shown is the cost per lineal foot) $ 5.78 1009 Razorooter II - Chemical Root Control, 36" thru 48" pipe; {Minimum 3,000 Lft} (price shown is the cost per lineal foot) $ 5.78 Attachment: H-GAC Contract #SC01-18 Dukes Root Control (2109 : Dukes Root Control) Pao DUKE'5 I ROOT CONTROL, INC. Product. Service. Guarantee. 800.447.6687 I dukes.com Duke's is an insured, fully licensed pesticide application company and is certified to apply EPA registered herbicides to sanitary sewers in compliance with federal and state regulations. ', DU KE'S ROOT CONTROL, INC. Product. Service. Guarantee. Duke's does it all. With almost 40 years of experience and nearly 250 million feet of treated sewer lines under our belts, Duke's has the most knowledgeable and professional crews in the industry. Our certified crews arrive on site, ready to go in fully equipped, four -wheel -drive vehicles with specialized equipment and materials, ensuring access to even hard - to -reach spots with minimal disruption to traffic, businesses or residents. Using the exclusive Razorooter® II, the only diquat-based product approved by the EPA for treatment of sewer pipes, we quickly and efficiently kill roots inside and outside the pipe. We keep track of applications, remind you when service is due, minimize disruption and save you money, time and effort. 8.C.b Guaranteed results. We guarantee to kill all the roots in every sewer we treat and eliminate main line stoppages caused by live tree roots. If live roots are found in a sewer within six months after the application, or if a treated sewer plugs up and floods due to tree roots during the guaranteed period, we will re -treat that section, at our own expense, or remit to the customer 100% of the payment we received to treat that section of sewer. Any section of sewer we treat will not plug up and flood due to tree root obstructions for a period of two years. The guarantee period ends two years after the date of treatment. When we perform a repeat application within six months of the expiration of the previous guarantee, the guarantee is extended for three more years. Attachment: Duke's Root Control Brochure (2109 : Dukes Root Control) Razorooter® II Roots are killed on contact inside and outside pipe walls, and the thick herbicidal foam penetrates through wye connections to kill roots in lateral lines. Trees and other above ground vegetation are not harmed, and disruption to residents and businesses is minimal. Root Control 8.C.b HOW IT WORKS: Making safety a top priority, the profes- sional crew sets up and quickly gets to work. They insert a hose from manhole to manhole, preparing to fill the affected sewer pipe with Razorooter® II. The foam is then released, compressing against pipe sur- faces, penetrating cracks, joints and con- necting sewers. Roots are killed on contact, decay naturally and slough away. Foam with a thick, shaving cream consistency like Duke's is essential to adhere to roots and travel up the laterals. Duke's exclusive dense foam also packs more active chemi- cals in the spaces between the bubbles and has a longer retention time. Duke's applica- tions prevent root -related stoppages for 2-3 years. We guarantee it. Duke's Root Control continually researches the most effective products available. Razorooter® is the only diquat-based herbicide registered b� the U.S. Environmental Protection Agency (EPA for controlling nuisance tree roots in sanitary sewer line collection systems and received a classification of "evidence of non -carcinogenic for humans."' In 2014 the EPA further approved an amendment of Duke's diquat dibromide labels to lower the signal word from "warning" to "caution." ' USEPA Diquat R.E.D. Facts, July Packet Pg. 48 8.C.c W \l//N"/\11 VNr/N1/1 "'/',\ni/pNi1N"M�'/nyyl\'//1�"//v/."41\1/'//:1VIVNI//.'//.�'IX\PIN?VNIIMAVIVA lots 11 GUARANTEE We guarantee to kill all the roots in every sewer we treat and to eliminate the main line stoppages caused by live tree roots. If live roots are found in a sewer within six months after the application, or if a treated sewer plugs j1 up and floods due to tree roots during the guarantee period(seebelow), we will re -treat that section, at our own expense, or remit to the customer 100% of the payment we received to treat that section of sewer. .♦1 The decision of the customer as to the cause of the plug -up is binding. :? 1 This guarantee applies only to sewer stoppages caused by live tree roots. It does not apply to j J stoppages caused by grease or other foreign matter; flat. collapsed or deformed pipe; or flooding caused by a surcharged or plugged sewer section downstream from a guaranteed sewer section. This guarantee applies to main line sewers only. Guarantee Period Any section of sanitary sewer we treat will not plug up and flood due to tree root obstructions for a period of two years. The guarantee period begins on the date of treatment, and ends two years after the date of treatment Extended Guarantee With Repeat Treatments Whenever we perform a repeat application to a section of sewer within six months of the expiration of the previous guarantee, the guarantee is extended for an additional three years. Re -treatments, performed at no charge in honor of the guarantee, do not extend the expiration date of the guarantee. Liability Duke's is an insured, fully licensed pesticide application company, and is certified to apply EPA registered herbicides to sanitary sewers in compliance with Federal and State regulations. Duke's accepts responsibility for any damage to above -ground vegetation. Duke's is not responsible for damages caused by sewer stoppages. 4 `4 I I G� r I11 r 4 I/ I` • / J w-r DUKE'S ROOT CONTROL, INC. :144 .1 4 JAVA AVAVAr�/.`/AVAVA 4•44444444444/• 4444444/a 4/A444A•�\ The Full -Service Root Control Experts 1020 Hiawatha Blvd.. West • Syracuse, NY 13204-1131 (315) 472-4781 • 800-447-6687 • Fax (315) 475-4203 4 4 Attachment: Duke's Root Control Guarantee (2109 : Dukes Root Control) Packet Pg. 49 8.C.d Sewer Sciences, Inc. RAZOROOTER® II Page 1 of 5 Product Name: EPA Signal Word: Active Ingredient (%): MATERIAL SAFETY DATA SHEET RAZOROOTER® II Warning Diquat Dibromide (37.3%) CAS No.: 85-00-7 Chemical Name:[6,7-dihydrodipyrido(1,2-a:2',1'-c)pyrazinediium di bromide] Chemical Class: Bipyridilium (dipyridilium) contact herbicide EPA Registration Number: 64898-8 Emergency Telephone Number: Transportation (24 Hours) CHEMTREC: 800-424-9300 Outside the United States call 202-483-7616 (collect calls accepted.) Manufacturer: Current Revision: Health and Environmental Sewer Sciences, Inc. 1020 Hiawatha Blvd., West Syracuse, NY 13204 315-472-4781 01/25/2012 Toxic if inhaled. Harmful if swallowed. Causes mild eye and skin irritation. Hazardous Decomposition Products Flammable hydrogen gas may be formed on contact with aluminum. See "Conditions to Avoid", Section 10. Physical Properties Appearance: Dark brown liquid Odor: Odorless Unusual Fire, Explosion and Reactivity Hazards Material This product may form flammable and explosive hydrogen gas when in contact with aluminum. During a fire, irritating and possibly toxic gases may be generated by thermal decomposition or combustion. OSHA PEL ACGIH TLV Other NTP/IARC/OSHA Carcinogen Diquat dibromide (37.3%) Not Established 0.5 mg/in' TWA 0.5 mg/m' TWA** No (0.5 total; 0.08 respirable) " recommended by NIOSH Ingredients not precisely identified are proprietary or non -hazardous. Values are not product specifications. Attachment: Dukes Safety Data Sheet - Razorooter II (2109 : Dukes Root Control) Packet Pg. 50 8.C.d Sewer Sciences, Inc. RAZOROOTER° II Page 2 of 5 FOR 24-HOUR EMERGENCY MEDICAL ASSISTANCE CALL PROSAR 1-800-391-2584 Have the product container,label or Material Safety Data Sheet with you when calling Prosar, a poison control center or doctor or going for treatment. Ingestion: Eye Contact: Skin Contact: Inhalation: Notes to Physician If swallowed, Call Prosar (800-391-2584), a poison control center or doctor immediately for treatment advice. Have the person sip a glass of water if able to swallow. Do not induce vomiting unless told to do so after contacting Prosar (800-391-2584) or by a poison control center or doctor. Do not give anything by mouth to an unconscious person. If in eyes: Hold eye open and rinse slowly and gently with water for 15-20 minutes. Remove contact lenses, if present, after 5 minutes, then continue rinsing eye. Call Prosar (800-391- 2584), a poison control center or doctor for treatment advice. If on skin or clothing: Take off contaminated clothing. Rinse skin immediately with plenty of water for 15-20 minutes. Call Prosar (800-391-2584), a poison control center or doctor for treatment advice. If inhaled: Move person to fresh air. If person is not breathing, call 911 or an ambulance, then give artificial respiration, preferably mouth-to-mouth if possible. Call Prosar (800-391-2584), a poison control center or doctor for further treatment advice. To be effective, treatment for ingestion of the product must begin IMMEDIATELY. Treatment consists of binding the active ingredient, diquat, in the gut with suspensions of activated charcoal or bentonite clay, administration of cathartics to enhance elimination and removal of diquat from the blood by charcoal hemoperfusion or continuous hemodialysis. Medical Conditions Likely to be Aggravated by Exposure: None known Fire and Explosion: Flash point (Test Method) Not Applicable Flammable Limits (% in Air) Lower: Not Applicable Autoignition Temperature: Not Applicable Flammability: Not Applicable Upper: Not Applicable Unusual Fire and Explosion and Reactivity Hazards: This product may form flammable and explosive hydrogen gas when in contact with aluminum. During a fire, irritating and possibly toxic gases may be generated by thermal decomposition or combustion. In Case of Fire In Case of Spill or Leak: Use dry chemical, foam or CO2 extinguishing media. Wear full protective clothing and self- contained breathing apparatus. Evacuate nonessential personnel from the area to prevent human exposure to fire, smoke, fumes or products of combustion. Prevent use of contaminated buildings, area, and equipment until decontaminated. Water runoff can cause environmental damage. If water is used to fight fire, dike and collect runoff. Control the spill at its source. Contain the spill to prevent from spreading or contaminating soil or from entering sewage and drainage systems, or any body of water. Clean up spills immediately, observing precautions outlined in Section 8. Cover entire spill with absorbing material and place into compatible disposal container. Scrub area with hard water detergent (e.g. commercial products such as Tide, Joy, Spic and Span). Pick up wash liquid with additional absorbent and place into compatible disposal container. Once all material is cleaned up and place in a disposal container, seal container, and arrange for disposition. Attachment: Dukes Safety Data Sheet - Razorooter II (2109 : Dukes Root Control) Packet Pg. 51 8.C.d Sewer Sciences, Inc. RAZOROOTER° II Page 3 of 5 This product reacts with aluminum to produce flammable hydrogen gas. Do not mix or store in containers or systems made of aluminum or having aluminum fittings. Store the material in a well -ventilated, secure area out of the reach of children and domestic animals. Do not store food, beverages or tobacco products in the storage area. Prevent eating, drinking, tobacco use, and cosmetic application in areas where there is a potential for exposure to the material. Wash thoroughly with soap and water after handling. (SECTION VIII: EXPOSURE CONTROLS/PERSONAL PROTECTION THE FOLLOWING RECOMMENDATIONS FOR EXPOSURE CONTROLS/PERSONAL PROTECTION ARE INTENDED FOR THE MANUFACTURE, FORMULATION AND PACKAGING OF THIS PRODUCT. FOR COMMERCIAL APPLICATIONS CONSULT THE PRODUCT LABEL. Ingestion: Prevent eating, drinking, tobacco usage and cosmetic application in areas where there is a potential for exposure to the material. Wash thoroughly with soap and water after handling. Eye Contact: Where eye contact is likely, use chemical splash goggles. Skin Contact Inhalation: Appearance: Odor: Melting Point: Boiling Point: Specific Gravity/Density: pH: Solubility in H2O: Vapor Pressure: Stability: Where contact is likely, wear chemical -resistant gloves (such as barrier laminate, nitrile rubber, or butyl rubber, neoprene rubber, natural rubber, polyvinyl chloride [PVC] or Viton), coveralls, socks and chemical -resistant footwear. A respirator is not normally required when handling this substance. Use effective engineering controls to comply with occupational exposure limits. In case of emergency spills, use a NIOSH approved respirator with any N, R, P or HE filter. Dark Brown Liquid Odorless Not Applicable Not Available 1.202 g/mL @ 68F (20`) 4-6 Diquat Dibromide 718,000 mg/I @ 68F (20`) and pH 7.2 Diquat Dibromide <10(-8) mmHg @ 77F (25'C) Stable under normal use and storage conditions. Hazardous Polymerization: Will not occur. Conditions to Avoid: Materials to Avoid: Concentrate should not be stored in aluminum containers. Spray solutions should not be mixed, stored or applied in containers other than plastic, plastic -lined steel, stainless steel or fiberglass. Strong alkalis and anionic wetting agents (e.g., alkyl and alkylaryl sulfonates). Corrosive to aluminum. Hazardous Decomposition Products: Flammable hydrogen gas may be formed on contact with aluminum. See "Conditions to Avoid", Section 10. Attachment: Dukes Safety Data Sheet - Razorooter II (2109 : Dukes Root Control) Packet Pg. 52 8.C.d Sewer Sciences, Inc. RAZOROOTER° II Page 4 of 5 (SECTION XI: TOXICOLOGICAL INFORMATION Acute Toxicity/Irritation Studies (Finished Product) Ingestion Oral (LD50 Female Rat) : 886 mg/kg body weight Dermal: Dermal (LD50 Rabbit) : > 5050 mg/kg body weight Inhalation: Inhalation (LC50 Rat) : 0.62 mg/I air — 4 hours Eye Contact: Mildly Irritating (Rabbit) Skin Contact: Slightly Irritating (Rabbit) Skin Sensitization: Not a Sensitizer (Guinea Pig) Reproductive/Developmental Effects Diquat Dibromide: Development Toxicity: Chronic/Subchronic Toxicity Studies Diquat Dibromide: Mutagenicity: No evidence in in vivo assays In rabbit studies a small percentage of fetuses had minor defects at 3 and 10 mg ion/kg/d. Kidney weight decreases and cataracts seen in dogs at 12.5 mg ion/kg/d No evidence for neurotoxic effects in rats dosed up to 400 ppm ion in diet for 13 weeks Carcinogenicity Diquat Dibromide: No evidence of carcinogenicity in rat and mouse studies. Other Toxicity Information None Toxicity of Other Components Not Applicable Target Organs Active Ingredients Diquat Dibromide Eye, kidney Inert Ingredients Not Applicable 'SECTION XII: ECOLOGICAL INFORMATION Ecotoxicity Effects Diquat Dibromide Environmental Fate Diquat dibromide Disposal: Fish (Rainbow Trout) 96- hour LC50 14.83 ppm Invertebrate (Water Flea) Daphnia Magna 48-hour EC50 0.77 ppm Green Algae 4-day EC50 9.4 ppb Bird (Mallard Duck) 14-day LD50 Oral 60.6 mg/kg This information presented here is for the active ingredient, diquat dibromide. Stable in soil and water. Immobile in soil. Sinks in water (after 24 h) ;SECTION XIII: DISPOSAL CONSIDERATIONS Do not reuse product containers. Dispose of product containers, waste containers, and residues according to local, state, and federal health and environmental regulations. Characteristic Waste: Not Applicable Listed Waste: Not Applicable Attachment: Dukes Safety Data Sheet - Razorooter II (2109 : Dukes Root Control) Packet Pg. 53 8.C.d Sewer Sciences, Inc. RAZOROOTER° II Page s of 5 !SECTION XIV: TRANSPORTATION INFORMATION DOT Classification Comments Ground Transport — NAFTA Proper Shipping Name: Hazard Class: Identification Number: Packing Group: Corrosive Liquid, N.O.S. (Diquat Dibromide) Class 8 UN 1760 PG III Water Transport Not Applicable Air Transport Proper Shipping Name: Hazard Class or Division: Identification Number: Packing Group: !SECTION XV: REGULATORY INFORMATION Corrosive Liquid, N.O.S. (Diquat Dibromide) Class 8 UN 1760 PG III EPCRA SARA Title III Classification Section 311/312 Hazard Classes: Section 313 Toxic Chemicals: California Proposition 65 None Acute Health Hazard Not Applicable CERCLA/SARA 302 Reportable Quantity (RQ) Report product spills >= 268 gal. (based on diquat [RQ = 1,000 lbs.] content in the formulation) RCRA Hazardous Waste Classification (40 CFR 261) Not Applicable TSCA Status Exempt from TSCA, subject to FIFRA !SECTION: XVI OTHER INFORMATION NFPA Hazard Ratings HMIS Hazard Ratings 0 Minimal Health: 2 Health: 2 1 Slight Flammability: 1 Flammability: 1 2 Moderate Instability: 0 Reactivity: 0 3 Serious 4 Extreme Sewer Sciences, Inc. believes that the information and recommendations contained herein (including data and statements) are accurate as of the date thereof. NO WARRANTY OF FITNESS FOR ANY PARTICULAR PURPOSE, WARRANTY OF MERCHANTABILITY, OR ANY OTHER WARRANTY, EXPRESS OR IMPLIED, IS MADE CONCERNING THE INFORMATION PROVIDED HEREIN. The information provided herein relates to the specific product designated and may not be valid where such product is used in combination with any other materials or in any process. Further, since the conditions and methods of use of the product and of the information referred to herein are beyond the control of Sewer Sciences, Inc., Sewer Sciences, Inc. expressly disclaims any and all liability as to any results obtained or arising from any use of the product or reliance on such information. Attachment: Dukes Safety Data Sheet - Razorooter II (2109 : Dukes Root Control) Packet Pg. 54 United States Prevention, Pesticides Environmental Protection And Toxic Substances Agency (7508W) EPA-738-F-95-015 July 1995 &EPA R.E.D. FACTS Pesticide Reregistration Use Profile Diquat Dibromide 8.C.e All pesticides sold or distributed in the United States must be registered by EPA, based on scientific studies showing that they can be used without posing unreasonable risks to people or the environment. Because of advances in scientific knowledge, the law requires that pesticides which were first registered years ago be reregistered to ensure that they meet today's more stringent standards. In evaluating pesticides for reregistration, EPA obtains and reviews a complete set of studies from pesticide producers, describing the human health and environmental effects of each pesticide. The Agency imposes any regulatory controls that are needed to effectively manage each pesticide's risks. EPA then reregisters pesticides that can be used without posing unreasonable risks to human health or the environment. When a pesticide is eligible for reregistration, EPA announces this and explains why in a Reregistration Eligibility Decision (RED) document. This fact sheet summarizes the information in the RED document for reregistration case 0288, diquat dibromide. Diquat dibromide is a non -selective contact herbicide, algicide, desiccant, and defoliant. As a herbicide/algicide, it is used to control broadleaf and grassy weeds in non -crop (including residential) and aquatic areas. As a desiccant/ defoliant, it is used in seed crops and potatoes. Its largest use is as a desiccant on potato crops. Diquat dibromide is formulated as a soluble concentrate and ready -to - use liquid. As a herbicide, it is applied using a hand-held or mechanical sprayer; as an algicide, it is injected below the water surface to control submerged weeds. When used as a desiccant, it may be applied by aircraft or ground equipment. Applications in crop areas are made five days to two weeks before harvest. Use practice limitations include... Attachment: EPA Facts (2109 : Dukes Root Control) Packet Pg. 55 8.C.e Regulatory History Human Health Assessment Diquat dibromide is the common name for 6,7-dihydrodipyrido (1,2- a:2',1'-c) pyrazinediium dibromide. The manufacture of diquat dibromide may result in the formation of ethylene dibromide (EDB) as a process impurity. EDB is considered a carcinogen, and all pesticide uses have been cancelled. EPA assessed the potential exposure risks of diquat dibromide and concluded in June 1986 that the presence of EDB does not pose a significant dietary risk, based on worst case assumptions. In addition, the registrant certified an upper limit of 10 parts per billion for EDB in diquat dibromide, and demonstrated that EDB does not persist and will slowly dissipate over time in diquat dibromide. EPA issued a Registration Standard for diquat dibromide in June 1986 (NTIS #PB87-105490). A 1991 Data Call -In required additional toxicology, ecological effects, environmental fate, and residue chemistry data. Currently, 43 products containing the active ingredient diquat dibromide are registered and marketed under the trade name Diquat. Toxicity In studies using laboratory animals, diquat dibromide has been shown generally to be of moderate toxicity. It can cause slight to severe eye irritation and has been placed in Toxicity Category II (the second highest of four categories) for acute dermal and eye irritation effects. It is slightly acutely toxic by the oral and inhalation routes and has been placed in Toxicity Category III for these effects. Diquat dibromide causes slight dermal irritation and has been placed in Toxicity Category IV for this effect. It is not a skin sensitizer. A supplemental subchronic dermal toxicity study using rabbits indicated that diquat dibromide is toxic via repeated dermal exposure. A second dermal study using rats resulted in high mortality, decreased food consumption and weight gain, congestion in the lungs, liver and kidneys, and dermal irritation at the application site. An inhalation study using rats resulted in increases in lung weight, lung/body weight and lung/brain weight, lung lesions, and mottling and reddening of the lungs in females; however, all effects except the latter were reversible. A second inhalation study using rats showed no effects on any of the parameters examined. A chronic feeding/carcinogenicity study using rats resulted in eye effects including lens opacity and severe cataracts. A feeding study using beagle dogs showed some incidence of cataracts, and decreased adrenal and epididymide weights in males. Another chronic feeding/cancer study using rats resulted in evidence of bone tumors. The Agency's Health Effects Division Reference Dose/Peer Review Committee evaluated the carcinogenic potential of diquat dibromide in March 1994 and classified it as a Group E carcinogen --a chemical for which there is evidence of non -carcinogenicity for humans --based on a lack of Attachment: EPA Facts (2109 : Dukes Root Control) 2 Packet Pg. 56 8.C.e evidence in studies with two species, rat and mouse. In a study using mice, diquat was not carcinogenic. A supplemental developmental toxicity study using rats resulted in maternal toxicity and developmental toxicity only at the highest dose level. Another more recent study using rats resulted in effects at high dose levels including decreases in fetal and litter weights, kidney effects, and incomplete development of certain bones. In a supplementary study using rabbits, decreased body weight gain in the high dose group was the only maternal toxicity observed. A recent study using rabbits resulted in developmental effects only in the high dose group, including liver effects and poor ossification. A study using mice resulted in developmental toxicity only in the high dose group, including decreased fetal body weight and increased skeletal alterations. A reproductive toxicity study using rats resulted in effects at the highest dose level including decreased numbers of live pups per litter and decreased body weight gain. Diquat dibromide was negative in four mutagenicity studies and positive in two other studies. Metabolism studies indicate that it is poorly absorbed from the gastrointestinal tract and primarily excreted in urine. An acute neurotoxicity study using rats resulted in symptoms that may not be due to direct neurotoxicity. In a subchronic neurotoxicity study, toxic signs observed only in the high dose group included cataracts and decreased body weight gain and food utilization. Dietary Exposure People may be exposed to residues of diquat dibromide through the diet. Tolerances or maximum residue limits have been established for a variety of crop and animal commodities (please see 40 CFR 180.226 (a) and (b)). A food additive tolerance is established for residues in potable water (40 CFR 185.2500 (a) and (b)). Food and feed additive tolerances also are established for residues in processed potatoes (including potato chips) (40 CFR 185.2500 (c)) and processed potato waste (40 CFR 186.2600). The registrant has proposed revised tolerances for many commodities, some at EPA's recommendation. A tolerance for sugarcane must be revoked since this use is no longer registered. A tolerance for potable water also will be revoked since it has been replaced with a Maximum Contaminant Level Goal (MCLG) under the Safe Drinking Water Act. The U.S. tolerances for eggs, poultry, meat, and offal may be raised to achieve harmonization with Codex Maximum Residue Levels (MRLs). With these changes, diquat dibromide tolerances are considered appropriate. EPA has assessed the dietary risk posed by diquat dibromide considering both published and proposed tolerances. The Anticipated Residue Concentration (ARC) for the overall U.S. population and 22 subgroups represents 31 % of the Reference Dose (RfD), or amount believed not to cause adverse effects if consumed daily over a 70-year lifetime. The most highly Attachment: EPA Facts (2109 : Dukes Root Control) 3 Packet Pg. 57 8.C.e exposed subgroup, non -nursing infants less than one year old, has an ARC which represents 49% of the RID. Diquat dibromide's chronic dietary risk is therefore considered minimal. Occupational and Residential Exposure Based on current use patterns, workers (mixers, loaders, applicators, and other handlers) may be exposed to diquat dibromide during and after application in agricultural and other settings. During large-scale applications, the highest potential exposure and risks are to mixers and loaders using open systems to support aerial applications (their dermal Margin of Exposure (MOE) is 71, less than the 100-fold margin considered acceptable). Using closed systems, their dermal MOE is 400. EPA therefore is requiring closed mixing/loading of diquat dibromide for aerial applications. For applicators participating in large-scale applications and for all workers (including homeowners) participating in small-scale applications, MOEs are greater than 100. Post -application exposure to diquat dibromide residues on treated foliage is a concern. For uses within the scope of the Worker Protection Standard for Agricultural Pesticides (WPS), EPA is requiring a longer interim Restricted Entry Interval (REI) and more stringent personal protective equipment (PPE) than usual, to reduce potential exposure and risk (see Risk Mitigation below). For uses outside the scope of the WPS, post -application exposure risks also are posed. For example, golf course workers who have substantial physical contact with treated turf have a MOE of 13, 24 hours after application. At four days post -application, the MOE rises to 105. Therefore, a four -day reentry interval is being recommended for these workers. To reduce the potential for post -application residential exposure, spot treatments will be acceptable but broadcast treatments will be prohibited. Swimmers may be exposed to diquat dibromide residues in treated lakes and ponds, however their estimated MOE of 1,250 is acceptable. Human Risk Assessment Diquat dibromide is of moderate acute toxicity causing acute dermal toxicity and primary eye irritation (Toxicity Category II). It is classified as a Group E carcinogen, indicating that it poses no known cancer risk for humans. Diquat dibromide causes developmental and reproductive toxicity at the highest dose levels tested. Human incident data from California and other sources were considered in evaluating diquat dibromide's risks. Although people may be exposed to residues of diquat dibromide through their diets, the chronic dietary risk from such exposure is minimal. EPA is concerned about worker exposure to diquat dibromide during aerial spray operations, and is requiring use of closed systems to mitigate potential risks. The Agency also is concerned about post-application/reentry exposure for uses both within and outside the scope of the WPS. EPA therefore is imposing stringent reentry restrictions and protective clothing requirements Attachment: EPA Facts (2109 : Dukes Root Control) 4 Packet Pg. 58 8.C.e Environmental Assessment for commercial uses, and is limiting residential use to spot treatments with label directions warning these users not to touch treated plants until sprays have dried. Environmental Fate Diquat dibromide's primary route of environmental dissipation is strong adsorption to soil particles. Diquat does not hydrolyse or photodegrade and is resistant to microbial degradation under aerobic and anaerobic conditions. No major degradates have been isolated. When used as an aquatic herbicide, diquat dibromide is removed from the water column by adsorption to soil sediments, aquatic vegetation, and organic matter. Adsorbed diquat dibromide is persistent and immobile, and is not expected to be a ground- water contaminant. Ecological Effects Diquat dibromide is moderately toxic to birds in acute studies, and is slightly to moderately toxic on a subacute dietary basis. It is practically non- toxic to bees. In acute studies, diquat dibromide is slightly to moderately toxic to both cold and warm water fish. In fish early life stage studies, it ranges in toxicity from slightly to moderately toxic. It is slightly to highly toxic to both aquatic invertebrates and estuarine species. Additional studies are required to determine diquat dibromide's toxicity to nontarget aquatic and terrestrial plants. Ecological Effects Risk Assessment High acute risk to birds is not expected from use of diquat dibromide. However, the turf use exceeds EPA's level of concern for restricted use, and for endangered bird species feeding on short grass. Regarding chronic effects, birds feeding on diquat dibromide-contaminated food items may experience reproductive problems. Diquat dibromide will pose only a low overall risk to mammals. Effects, if they occur, should not result in significant ecological damage. However, the Agency is only moderately certain that nonendangered mammals are not at acute risk from diquat dibromide, which exceeds the restricted use level of concern for all uses except cantaloupes. The level of concern for endangered species is exceeded for all use patterns. Chronic risks to mammals are believed to be low. Diquat dibromide may pose acute or chronic risk to aquatic organisms, but the probability that exposure will occur is relatively low. It is therefore expected to pose only a minimal risk to aquatic organisms from exposure to runoff. Diquat dibromide does not cause adverse effects to freshwater fish. Freshwater invertebrates are not likely to be adversely affected by its use in the short term, but their reproductive success may be adversely effected. Drift from aerial spraying of diquat dibromide is likely to result in adverse effects to plants. The possibility of risk to non -target aquatic and terrestrial plants from aerial application from all sites is relatively high. Attachment: EPA Facts (2109 : Dukes Root Control) 5 Packet Pg. 59 8.C.e Risk Mitigation Additional Data Required Diquat dibromide poses only minimal risk to non -target insects. However, levels of concern have been exceeded for endangered species of mammals and birds from all terrestrial use sites. EPA is requiring the following risk mitigation measures for diquat dibromide: Aquatic Risk Mitigation - To protect aquatic organisms, EPA is requiring labeling that limits application of diquat dibromide to one-third or one-half of the dense weed areas in a water body, and prohibits subsequent applications for two weeks. The untreated part of the water body will act as a refuge for aquatic organisms, and the two -week waiting period allows time for oxygen levels to recover before further applications are made. Spray Drift Risk Mitigation - Since the possibility of risk to non - target aquatic and terrestrial plants from aerial application is high, EPA is requiring that a Spray Drift Advisory which recommends best management practices to minimize spray drift appear on labels of products that can be applied aerially. Application and Post -Application Risk Mitigation - To protect handlers during agricultural use, EPA is requiring closed mixing/loading of diquat dibromide liquid formulations for aerial applications, in keeping with WPS provisions. EPA also is requiring a 7-day interim Restricted Entry Interval (REI) for all uses within the scope of the WPS, as well as more stringent Personal Protective Equipment (PPE) including protective eyewear for early -entry workers. For occupational uses that are not within the scope of the WPS (primarily the turf use), EPA is establishing a 4-day entry restriction for workers. EPA is retaining the 24-hour swimming prohibition on diquat dibromide products with aquatic uses. Swimmers are prohibited from swimming in treated water for 24 hours. To protect home users, EPA is establishing an entry restriction for spot treatment applications (label directions warning people and pets not to touch treated plants until sprays have dried), and is prohibiting broadcast applications at residential sites. EPA is requiring the following additional generic data for diquat dibromide to confirm its regulatory assessments and conclusions: o Enforcement method for plant and animal commodities (independent laboratory validation); o Product chemistry. Attachment: EPA Facts (2109 : Dukes Root Control) 6 Packet Pg. 60 8.C.e Product Labeling Changes Required Although not part of the target data base, the following studies also are required: o Terrestrial plant studies; vegetative vigor. The Agency is requiring product -specific data including product chemistry and acute toxicity studies, revised Confidential Statements of Formula (CSFs), and revised labeling for reregistration. All diquat dibromide end -use products must comply with EPA's current pesticide product labeling requirements, and with the additional requirements summarized below. Please see the RED document for a complete list of labeling requirements. Personal Protective Equipment (PPE) Requirements For Occupational Use The minimum, baseline PPE for all diquat dibromide WPS and nonWPS occupational end -use products is: "Applicators and other handlers must wear: - -Coveralls over long-sleeved shirt and long pants; - -Chemical-resistant gloves; - -Chemical-resistant footwear plus socks; - -Chemical-resistant headgear for overhead exposure; - -Chemical-resistant apron when cleaning equipment, mixing, or loading; - -A dust/mist filtering respirator (MSHA/NIOSH approval number prefix TC-21C). The PPE that would normally be established based on the toxicity of the end - use product must be compared to the minimum PPE specified above, and the more protective PPE must be placed on the product labeling. Entry Restrictions For Occupational Use A 7-day restricted entry interval (REI) is required for uses within the scope of the WPS. The PPE required for early entry is: - -Coveralls over long-sleeved shirt and long pants; --Chemical-resistant gloves; - -Chemical-resistant footwear plus socks; - -Chemical-resistant headgear for overhead exposures; - -Protective eyewear. For products with non-WPS sites such as golf courses, parks, etc., the following statement is required: "For 4 days following applications to non -crop areas (other than aquatic or residential sites), do not allow employees to have contact with the treated plants, except for contact with their footwear." 7 Packet Pg. 61 8.C.e For Home Use For spot treatments to residential sites, the following statement is required: "Do not allow people or pets to touch treated plants until the sprays have dried." Other Labeling Requirements For Occupational Use • Application Restrictions: "Do not apply this product in a way that will contact workers or other persons, either directly or through drift. Only protected handlers may be in the area during application." • Engineering Controls: "Mixers and loaders supporting aerial applications are required to use closed systems. The closed system must be used in a manner that meets the requirements listed in the Worker Protection Standard (WPS) for Agricultural Pesticides (40 CFR 170.240(d)(4)). When using the closed system, the mixers' and loaders' PPE requirements may be reduced or modified as specified in the WPS." "When handlers use closed systems, enclosed cabs, or aircraft in a manner that meets the requirements listed in the Worker Protection Standard (WPS) for Agricultural Pesticides (40 CFR 170.240(d)(4-6)), the handler PPE requirements may be reduced or modified as specified in the WPS." • User Safety Requirements: "Follow manufacturer's instructions for cleaning/ maintaining PPE. If no such instructions exist for washables, use detergent and hot water. Keep and wash PPE separately from other laundry." • User Safety Recommendations: o "Users should wash hands before eating, drinking, chewing gum, using tobacco, or using the toilet." o "Users should remove clothing immediately if pesticide gets inside. Then wash thoroughly and put on clean clothing." O "Users should remove PPE immediately after handling this product. Wash the outside of gloves before removing. As soon as possible, wash thoroughly and change into clean clothing." For Home Use • Application Restrictions: "Do not apply this product in a way that will contact any person or pet, either directly or through drift. Only persons applying this product may be in the area during application." • User Safety Recommendations: Attachment: EPA Facts (2109 : Dukes Root Control) 8 Packet Pg. 62 8.C.e Regulatory Conclusion For More Information O "Clothing and protective equipment exposed to this product should be washed in detergent and hot water. Such items should be kept and washed separately from other laundry." O "Users should wash hands before eating, drinking, chewing gum, using tobacco, or using the toilet." O "Users should remove clothing immediately if pesticide gets inside. Then wash thoroughly and put on clean clothing." o "Users should remove PPE immediately after handling this product. Wash the outside of gloves before removing. As soon as possible, wash thoroughly and change into clean clothing." Environmental Hazard - For products intended for terrestrial nonfood sites, use this precautionary statement: "This pesticide is toxic to aquatic invertebrates. Do not apply directly to water, or to areas where surface water is present or to intertidal areas below the mean high water mark. Do not contaminate water when disposing of equipment washwater or rinsate." For products intended for outdoor residential sites, use this precautionary statement: "This pesticide is toxic to aquatic invertebrates. Do not apply directly to water." Spray Drift Label Advisory See the diquat dibromide RED document for the complete text of this Label Advisory, which must be placed on the labeling of each product that can be applied aerially. The use of currently registered products containing diquat dibromide in accordance with approved labeling will not pose unreasonable risks or adverse effects to humans or the environment. Therefore, all uses of these products are eligible for reregistration. Diquat dibromide products will be reregistered once the required product specific data, revised Confidential Statements of Formula, and revised labeling are received and accepted by EPA. EPA is requesting public comments on the Reregistration Eligibility Decision (RED) document for diquat dibromide during a 60-day time period, as announced in a Notice of Availability published in the Federal Register. To obtain a copy of the RED document or to submit written comments, please contact the Pesticide Docket, Public Response and Program Resources Branch, Field Operations Division (7506C), Office of Pesticide Programs (OPP), US EPA, Washington, DC 20460, telephone 703-305-5805. Electronic copies of the RED and this fact sheet can be downloaded from the Pesticide Special Review and Reregistration Information System at Attachment: EPA Facts (2109 : Dukes Root Control) 9 Packet Pg. 63 8.C.e 703-308-7224. They also are available on the Internet on EPA's gopher server, GOPHER.EPA.GOV, or using ftp on FTP.EPA.GOV, or using WWW (World Wide Web) on WWW.EPA.GOV. Printed copies of the RED and fact sheet can be obtained from EPA's National Center for Environmental Publications and Information (EPA/NCEPI), PO Box 42419, Cincinnati, OH 45242-0419, telephone 513- 489-8190, fax 513-489-8695. Following the comment period, the diquat dibromide RED document also will be available from the National Technical Information Service (NTIS), 5285 Port Royal Road, Springfield, VA 22161, telephone 703-487- 4650. For more information about EPA's pesticide reregistration program, the diquat dibromide RED, or reregistration of individual products containing diquat dibromide, please contact the Special Review and Reregistration Division (7508W), OPP, US EPA, Washington, DC 20460, telephone 703- 308-8000. For information about the health effects of pesticides, or for assistance in recognizing and managing pesticide poisoning symptoms, please contact the National Pesticides Telecommunications Network (NPTN). Call toll -free 1-800-858-7378, between 8:00 am and 8:00 pm Eastern Standard Time, Monday through Friday. Attachment: EPA Facts (2109 : Dukes Root Control) 10 Packet Pg. 64 8.D ('I'FYor' PI' EScoTT l_L'ciul$1;/,;/I!"$Iat' ",t MEETING DATE/TYPE: DEPARTMENT: Finance COUNCIL AGENDA MEMO VOTING MEETING 8-14-18 AGENDA ITEM: Approval of Payment in the Amount of $102,505.67 to the Arizona Department of Revenue for Administration and Collections Services. FUNDING SOURCE: General Fund Approved By: Michael Lamar, City Manager Item Summary This item is for the payment of $102,505.67 assessed by the Department of Revenue (DOR) to the City of Prescott for Fiscal Year 2019 pursuant to ARS 42-5041 for providing administrative and tax collection services to local governments. Background During the 2013 state legislative session, HB 2111 was passed with the intent of simplifying privilege tax administration and requiring the centralization of tax administration with DOR. HB 2617 was subsequently passed during the 2015 legislative session, enabling DOR to impose fees on cities to pay a portion of their operating cost of providing the mandated centralized administration and collection services to local governments. The Fiscal Year 2019 charge is $102,505.67 which is $16,364.44 higher than Fiscal Year 2018. Financial Impact The $102,505.67 is included in the Fiscal Year 2019 General Fund budget. Recommended Action: MOVE to approve the payment of $102,505.67 to Arizona Department of Revenue. Packet Pg. 65 8.E ('I'1'v'or PR ESCOTT /-L'eret<rAr(d f / (entelle,uw MEETING DATE/TYPE: COUNCIL AGENDA MEMO VOTING MEETING 8-14-18 DEPARTMENT: Public Works AGENDA ITEM: Approval for Arizona Public Service (APS) to perform night work on Britni Drive and Willow Lake Road; and Mountain Lake Road and Willow Lake Road, 6:00 p.m. to 6:00 a.m. between August 15 and September 5, 2018. Approved By: Michael Lamar, City Manager Item Summary This item is to request approval for APS to perform night work to complete Phase One of their 69,000 volt (69 kV) power line replacement project along the north side of Willow Lake Road. Earlier this summer approval was requested and approved twice on behalf of APS to perform the night work. However, due to weather related issues it was not possible to complete the work in the timeframe previously identified. Background On August 1, 2018, Public Works was notified by APS that one last task needed to be accomplished to make the final connection of the 69 kV lines. In order to complete this work, an outage on the overhead transmission line is required. Due to summer loads, outages can only be taken at night. The night work is now planned for one or two nights between August 15 and September 5, 2018. During the planned night outages the construction activities included aerial work on both the existing and new structures. Crews will have specialized equipment as required (i.e., pickups, line trucks, bucket trucks, cranes, etc), as well as compressors, battery operated power tools, and generators. Due to night conditions, there will be multiple light plants on site to adequately light the area as well as traffic control to ensure public and crew safety. No excavation activities are planned during the night outages. The majority of the night work will be confined to two locations. The first location is near Britni Drive and Willow Lake Road, and near Mountain Lake Road and Willow Lake Road. City Code Title V Chapter 5-4-2 prohibits outdoor noise associated with construction activity between the hours of 8:00 pm and 6:00 am Monday - Saturday and all day on Packet Pg. 66 8.E AGENDA ITEM: Approval for Arizona Public Service (APS) to perform night work on Britni Drive and Willow Lake Road; and Mountain Lake Road and Willow Lake Road, 6:00 p.m. to 6:00 a.m. between August 15 and September 5, 2018. Sundays within City limits. Chapter 5-4-5 enables City Council to make temporary exceptions to this Code provision for limited periods of time under such terms, conditions and limitations as may be set forth in the Council's approval. Financial Impact There is no financial impact to the City. Attachments 1. APS Construction Map - Willow Lake Road 2. APS Customer Outreach Letter 3. APS Night Work Location Map Recommended Action: MOVE to approve night work for APS on Willow Lake Road and Britni Drive and Mountain Lake Road, during the hours of 6:00 p.m. to 6:00 a.m., on three separate nights between August 15 and September 5, 2018. Packet Pg. 67 3!!gnd euozuV - SdV -IN )IJOM 348!N : ZZI,Z) pedN a ei Mo!I!M - dew uo!;onJ;suo3 SdV .;uewg3e4V w 06 APS Willow Lake Road Construction, 2018-2019 Packet Pg. 68 8.E.b APS CONSTRUCTION IN YOUR AREA August 6, 2018 IMPORTANT CONSTRUCTION UPDATE Dear APS Customers, aps® In order to safely operate our system and maintain reliability to our electrical infrastructure, we recently delayed construction on this project. We plan to reconvene work during the week of August 6, 2018. Our night work will take place on one or two dates between August 15 to September 5. As we previously indicated, this work will have NO impact on your electric service. We apologize for the inconvenience caused by our scheduling delays. Our contractor, Sturgeon Electric, is still planning to complete this first phase by September 5, 2018. The second phase of construction is schedule to start in first quarter 2019. If you have any questions or concerns, please don't hesitate to contact APS Community Affairs Manager, Darla Deville at 928.443.6614 or Darla.Deville(c�abs.com. Dear APS Customers, In late April, APS mailed you a letter announcing an important project we will be doing in your area. We are making investments to our infrastructure in an effort to continue delivering some of the most reliable service in the industry to our customers. One of these projects is starting soon on some of our equipment that delivers power to your area — we are rebuilding the existing 69,000 volt (69 kV) power line along the north side of Willow Lake Rd. The construction will be performed by Sturgeon Electric, a certified APS contractor under the direction and supervision of APS personnel. The entire project will be completed in two phases. (Please see the map included with this letter.) The first phase of construction is highlighted in red, green and orange; that portion of work will reconvene on June 18, 2018 and will be complete by August 15, 2018. The second phase, highlighted in blue, will start in Spring 2019 and will be completed by June 2019. We want to keep you informed about this project, because you live, work, and/or own property in the area. 1. Scope & Location: a. The first phase of construction includes survey, blue -stake and hole -digging for the installation of new rust -colored steel poles in easements or public/private right of ways along the north side of Willow Lake Rd., from Mountain Lake Rd. east to approximately Britni Dr; (Please see the map included with this letter and specifically the areas highlighted in red, green and orange.) b. During this survey and blue -stake phase of construction, we identified minor conflicts with a few of the proposed pole locations. As a result, we delayed the construction in order to confirm the engineering and permitting for the modifications needed. c. Once the new poles are safely installed, new 69 kV wires will be installed and connected to each pole along Willow Lake Rd. (The map identifies this area with a green line.) Packet Pg. 69 8.E.b d. As part of this project, APS contractors will be removing the existing poles & wires along the west side of Mountain Lake Dr., from Willow Lake Rd. to Amber Ct. (The map identifies this area with a red line.) e. The existing overhead lines along the west side of Mountain Lake Drive will be replaced by new underground 12 kV power lines. (The map identifies this area with an orange line.) f. As we finalize project details, our APS & Sturgeon team will meet directly with home owners impacted by the construction along Mountain Lake Dr. g. Following construction, we will make every effort to restore the area (streets and landscaping) as close to its original condition as possible. 2. Timeline: As mentioned above, construction activities are currently scheduled to reconvene on June 18, with completion by August 15, 2018. 3. Work Schedule: a. Typically, our work will start at 7 a.m. and end by 5 p.m., Monday through Saturday. We will make every effort to avoid any restrictions to your daily commute. b. While we prefer to avoid night work, especially in residential areas, there are a few dates where night work is required in order to disconnect power to the major transmission power line in the area and safely perform the work. This work will NOT cause an electrical outage to APS customers in the area. Currently, we are planning for night work on July 14, 16 and 18 from approximately 7 p.m. to 6 a.m. the following day. Those dates may shift slightly due to outage restrictions. 4. Safety: Public safety, along with the safety of construction personnel, is our number one priority. We ask that you proceed with caution through construction areas and help us maintain a safe work environment. 5. Electric Service: We do not expect any extended power outages due to this construction; however, once the new poles are installed, we may need to interrupt service for a short time in order to safely connect the new equipment. Customers will be notified in advance of any required planned outages impacting their homes directly. We will make every effort to keep you informed regarding significant updates to our construction schedule and overall project. Please contact our APS Community Affairs Manager, Darla Deville at 928.443.6614 or Darla.Devillea.aps.com with any questions or concerns about this project. For any questions related to unplanned outages, billing or other APS-related matters, please call our Customer Care Center at 602-371-7171 or 1-800-253-9405, or visit us on the web at aps.com. Attachment: APS Customer Outreach Letter (2122 : Night Work for APS - Arizona Public Service) Packet Pg. 70 (e vises o!!gnd euozub - SdV Jo! VOM 146iN : ZZLZ) dew uo!;eoo- )110M; I6!N SdV 4uew43e41V Packet Pg. 71 8.F ('PPyoF PRES('OTT MEETING DATE/TYPE: DEPARTMENT: Police COUNCIL AGENDA MEMO VOTING MEETING 8-14-18 AGENDA ITEM: Approval of Intergovernmental Agreement with the Prescott Unified School District for School Resource Officer Services (IGA 2019-058). Funding coming from 75% PUSD and 25% from the General Fund. FUNDING SOURCE: General Fund, General Fund (Cost Recovered) Approved By: Michael Lamar, City Manager Item Summary Approval of an intergovernmental agreement (IGA) between the City of Prescott Police Department and the Prescott Unified School District (PUSD) for the services of a School Resource Officer (SRO) for the 2018-2019 school year. Background The City of Prescott Police Department requests approval to enter into an IGA with the PUSD for School Resource Officer Services. The partnership between the police department and the school district has been ongoing in a cooperative effort to maintain safer schools, increase positive contacts between police officers and students, and to provide ongoing and contemporary law related education. The School Resource Officer will be assigned primarily to the Prescott High School and will provide services there for the duration of the school year through this IGA. The assigned officer will support police department operations during school breaks through the support services section and patrol section of the police department. Financial Impact The Prescott Unified School District has agreed to fund 75% of one sworn peace officer position (approximately $66,000.00 annually) for the upcoming school year. The remaining 25% is budgeted in the General Fund. Attachments Packet Pg. 72 8.F AGENDA ITEM: Approval of Intergovernmental Agreement with the Prescott Unified School District for School Resource Officer Services (IGA 2019-058). Funding coming from 75% PUSD and 25% from the General Fund. 1. IGA (City Contract No. 2019-071) with PUSD Recommended Action: MOVE to approve IGA (City Contract No. 2019-058) with PUSD for SRO Services. 2 Packet Pg. 73 8.F.a INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF PRESCOTT AND PRESCOTT UNIFIED SCHOOL DISTRICT (SERVICES OF SCHOOL RESOURCE OFFICERS) This Intergovernmental Agreement ("Agreement") is entered into this day of ,2018, by and between the City of Prescott, an Arizona municipal corporation ("City"), and the Prescott Unified School District No. 1 of Yavapai County ("District"),a political subdivision of the State of Arizona (the City and District are referred to herein individually as a "Party" and collectively as the "Parties"). RECITALS A. A.R.S. § 15-154 authorizes the District to place peace officers in its schools in accordance with an approved School Safety Program. B. The District is required by A.R.S. § 15-341 and A.R.S. § 13-2911 to report to local law enforcement any suspected crimes against persons or property and any incidents that could potentially threaten the safety or security of pupils, teachers or administrators. C. The District has identified funding to cover seventy-five percent (75%) of the total cost for the City to provide one School Resource Officer to provide school resource officer services ("SRO Services") for Prescott High School, ("PHS"). D. The City and the District desire to enter into an agreement whereby the City will identify a sworn, certified police officer to provide SRO Services at PHS during the 2018-2019 school year (the "School Year"). E. The District is authorized to enter into the Agreement pursuant to A.R.S. §§ 15-342 and 11-952. The City is authorized to enter into this Agreement pursuant to A.R.S. § 11-952. 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 parties agree as follows: 1. General Terms and Conditions a. School Safety Program. Upon successful application and award of the School Safety Program grant, the parties agree to participate in the School Safety Program as established by A.R.S. § 15-154 and to accept the guidelines as set out in the School Safety Program Guidance Manual, which is attached as Exhibit A to this Agreement. Each party agrees to assume the roles and responsibilities assigned to that party by the School Safety Program Guidance Manual. b. Term. The term of this Agreement shall be from , 2018 until , 2019 (the end of the school year). 1 Packet Pg. 74 8.F.a c. Relationship of Parties. i. Independent Contractor Status. The City shall have the status of an independent contractor for the purpose of this Agreement. The School Safety Officer ("SRO") assigned to the School shall be considered an employee of the City and shall be subject to its control and supervision. The SRO will not be considered a co - employee or "leased employee" of the District in any circumstance. The SRO will be subject to the current procedures in effect for police officers of the Prescott Police Department ("PPD"), including attendance at all mandated training and testing to maintain police officer certification. The City agrees that the identified SRO will work at PHS during times school is in session for the duration of the scheduled school year. This Agreement is not intended to, and will not constitute, create, give rise to, or otherwise recognize a joint venture, partnership, or formal business association or organization of any kind between the Parties, and the rights and obligations of the Parties shall be only those expressly set forth in this Agreement. The District does not have the authority to supervise or control the actual work of the City, its employees, or its subcontractors. ii. Chain of Command and Channels of Communication. The PHS Principal or designee will communicate directly with the SRO's commanding officer about any issues or concerns involving the SRO. If there is an issue that cannot be resolved between the Principal or designee and the commanding officer, the District's Grants and Federal Programs Coordinator or the Superintendent or his designee will communicate with the commanding officer or his/her superiors, as determined appropriate by the City. iii. Reporting Misconduct. The City understands that the District is responsible for the safety of students on campus during the school day. If either party receives information indicating that any SRO assigned to perform services for the District may have engaged in unprofessional, illegal, or immoral conduct that would affect the SRO's ability to safely and/or professionally perform duties for the District, the receiving party shall immediately provide such information to the other. iv. Removal and Replacement of SRO. If any alleged unprofessional, illegal, or immoral conduct might affect the SRO's ability to safely and/or professionally perform duties for the District, the City will immediately remove the SRO from the District and reassign the SRO in accordance with City policies and procedures to allow the City and/or the District to investigate the allegations. The City agrees to assign a replacement SRO to provide services to the District under this Agreement. If a replacement SRO cannot be provided, the District will be credited for each day an SRO is not assigned to PHS. The District, at its sole discretion, may refuse the assignment to the District of any SRO who has been previously removed from the District because of allegations of unprofessional, illegal, or immoral conduct. d. Coordination of Processes to Address Student Misconduct. The Parties will work together to identify and streamline any separate processes for investigating and responding to acts of student misconduct that may also implicate criminal misconduct. e. Records. Parties shall maintain the records required in this Agreement for not Tess than three years after the termination of this Agreement, or for a longer term as required under the State of Arizona public records retention schedules. Attachment: IGA (City Contract No. 2019-071) with PUSD (2101 : Approval of IGA with PUSD for SRO Services) 2 Packet Pg. 75 8.F.a f. Program Continuation Subject to Appropriation. The provisions of this Agreement for payment of funds by the District shall be effective when funds are appropriated for purposes of this Agreement and are actually available for payment. The District shall be the sole judge and authority in determining the availability of funds under this Agreement and the District shall keep the City informed as to the availability of funds for this program. The obligation of the District to make any payment pursuant to this Agreement is a current expense of the District, payable exclusively from such annual appropriations, and is not a general obligation or indebtedness of the District. If the Governing Board of the District fails to appropriate money sufficient to pay the reimbursements as set forth in this Agreement during any immediately succeeding fiscal year, this Agreement shall terminate at the end of the then -current fiscal year and the City and the District shall be relieved of any subsequent obligation under this Agreement. The parties agree that the District has no obligation or duty of good faith to budget or appropriate the payment of the District's obligations set forth in the Agreement in any budget in any fiscal year other than the fiscal year in which the Agreement is executed and delivered. The City hereby waives any and all rights to bring any claim against the District arising from or relating in any way to District's termination of this Agreement. The City 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 City's then current fiscal year. The City's obligations under this Agreement are current expenses subject to the "budget law" and unfettered legislative decision of the City concerning budgeted purposes and appropriation of funds. Should the City 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 City shall be relieved of any subsequent obligation under this Agreement. The parties agree that the City has no obligation or duty of good faith to budget or appropriate the payment of the City's obligations set forth in the Agreement in any budget in any fiscal year other than the fiscal year in which the Agreement is executed and delivered. The City shall be the sole judge and authority in determining the availability of funds for its obligations under this Agreement. The City shall keep the District informed as to the availability of funds for this Agreement. The obligation of the City to make any payment pursuant to this Agreement is not a general obligation or indebtedness of the City. The District hereby waives any and all rights to bring any claim against the City arising from or relating in any way to City's termination of this Agreement. g. Termination. In addition to the termination provisions in Paragraph 1(f) above, either Party may terminate this Agreement upon thirty (30) days prior written notice to the other Party at the addresses indicated below. Five (5) days after the District fails to make reimbursements as required by this Agreement, the City may terminate this Agreement by delivering ten (10) days written notice to the District. The District further has the right to terminate this Agreement at any time that it appears in the reasonable judgment of the District that the SRO is displaying inappropriate conduct that negatively affects or distracts from the teaching environment. In such an event, the District shall direct the SRO to return to his/her PPD station and shall immediately contact the SRO's superior officer and/or another person designated by the City by telephone or e-mail to describe the situation and the District's concern. The City, then, shall have seventy-two (72) hours to correct the problem or to schedule a meeting with the District to attempt to resolve the issue. If the issue cannot be resolved, the District and the City agree: i. The City shall supply the District with another certified police officer, or 3 Attachment: IGA (City Contract No. 2019-071) with PUSD (2101 : Approval of IGA with PUSD for SRO Services) Packet Pg. 76 8.F.a ii. The City and the District may mutually agree that the School will no longer have an SRO for the remainder of the school year, and the District will not be required to pay for the unfulfilled portion of the SRO's work (although District is required to pay for any work already performed by the SRO), or iii. District may terminate the Agreement. The District shall not be required to pay for the SRO's services during any time the SRO is reassigned to the PPD pending resolution of an issue concerning inappropriate conduct. h. Cancellation. This Agreement may be cancelled by either party pursuant to A.R.S. § 38- 511. i. Dispute Resolution Process. The Parties agree that they shall use all reasonable efforts to resolve any dispute or claim through good faith negotiations. If the Parties are unable to resolve the dispute or claim through negotiations, upon written request of either party, the City's Police Chief or designee, and the School Principal or designee, will attempt to resolve the matter with ten (10) days of the date of the written request that referred the matter to them. If the matter is not resolved, the matter shall be immediately referred to the City Manager or designee and the District Superintendent or designee. If the matter is still not resolved within ten (10) days, the Parties may terminate this Agreement pursuant to Paragraph 1(g) of this Agreement. Entire Agreement. This Agreement comprises the entire agreement of the Parties and supersedes any other agreements or understandings, oral and written, whether previous to the execution of this Agreement or contemporaneous herewith. Any amendments or modifications to this Agreement shall be made only in writing and signed by the Parties to this Agreement. k. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Arizona. I. Workers' Compensation. Any employee of either Party shall be deemed to be an "employee" of both public agencies while performing pursuant to this Agreement solely for the purposes of A.R.S. § 23-1022 and the Arizona Workers' Compensation laws. The primary employer shall be solely liable for any workers' compensation benefits that may accrue. Each Party shall post a notice pursuant to A.R.S. § 23-1022 in substantially the following form: "All employees are hereby further notified that they may be required to work under the jurisdiction or control or within the jurisdictional boundaries of another public agency pursuant to an intergovernmental agreement or contract, and under such circumstances they are deemed by the laws of Arizona to be employees of both public agencies for the purposes of worker's compensation." m. FERPA Compliance. The Parties will ensure that the dissemination and disposition of educational records complies at all times with the Family Educational Rights and Privacy Act of 1974 and any subsequent amendments thereto. 4 Attachment: IGA (City Contract No. 2019-071) with PUSD (2101 : Approval of IGA with PUSD for SRO Services) Packet Pg. 77 8.F.a n. Non -Discrimination. The District nor City will not discriminate against any employee or applicant for employment on the basis of race, color, religion, sex, national origin, age, marital status, sexual orientation, gender identify or expression, genetic characteristics, familial status, U.S. military veteran status, or any disability. The District will require any Sub -contractor to be bound to the same requirements as stated within this section. The District, and on behalf of any sub -contractors, warrants compliance with this section. o. Property Disposition. The Parties do not anticipate having to dispose of any property upon partial or complete termination of this Agreement. However, to the extent that such disposition is necessary, property shall be returned to its original owner. p. E-Verify. The Parties acknowledge that immigration laws require them to register and participate with the E-Verify program (employment verification program administered by the United States Department of Homeland Security and the Social Security Administration or any successor program) as they both employ one or more employees in this state. The Parties warrant that they have registered with and participate with E-Verify. If either Party later determines that the other non -compliant Party has not complied with E-Verify, it will notify the noncompliant Party by certified mail of the determination and the right to appeal the determination. To the extent applicable under A.R.S. § 41-4401, the Parties and their subcontractors warrant compliance with all federal immigration laws and regulations that relate to their employees and compliance with the E-verify requirements under A.R.S. § 23-214(A). The Parties also agree that any violation of this requirement shall be deemed a material breach of the contract that is subject to penalties up to and including termination of this Agreement. The Parties acknowledge that the other party retains the legal right to inspect the papers of the other Party's contractor and subcontractor employees that work on this Agreement to verify such compliance. q. Fingerprinting Requirements. The City represents and warrants that it will ensure that each officer assigned to perform services on District property pursuant to this Agreement will be fingerprinted and successfully complete a background check performed by the City before such assignment, unless otherwise exempted. r. Severability and Savings. If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion without inequity to the Parties. s. Notices. All notices relating to this Agreement shall be deemed given when mailed, by certified or registered mail, or overnight courier, to the other Party at the address set forth below or such other addresses as may be given in writing from time to time: If to CITY: With a copy to: Prescott Police Department Attn: Chief Debora Black 222 South Marina Street Prescott, Arizona 85303 Prescott City Attorney 221 South Cortez Street Prescott, Arizona 85303 5 Attachment: IGA (City Contract No. 2019-071) with PUSD (2101 : Approval of IGA with PUSD for SRO Services) Packet Pg. 78 8.F.a If to DISTRICT: With a copy to: Prescott Unified School District Attn: Joseph Howard, Superintendent 300 E. Gurley Street Prescott, Arizona 86301 Carman Law Firm Attn: Andre E. Carman 246 S. Cortez St. Prescott, Arizona 86303 t. Time References. All references to "days" within this Agreement mean calendar days, and not business days. 2. Obligations of the City a. During the School Year, the City shall provide an SRO at PHS during regularly scheduled school days. The scope of work of the SRO shall be as provided in that certain Memorandum of Understanding School Resource Officer Program at Prescott High School attached hereto as Exhibit B. The MOU shall be signed by the Chief of Police and PHS Principal, and may be modified by the mutual agreement of the Chief and Principal. b. The City will invoice the District for payment of 75% of the assigned SRO's full salary, including benefits on a monthly basis. c. The City agrees that the SRO will be assigned full time to PHS during the school year, excluding extenuating circumstances outside the control of either the City or the Prescott Police Department. The City will make every effort to ensure the SRO's training, vacation and other leaves occur as possible, outside the regularly scheduled school year. 3. Obligations of the District a. Within 30 days of billing by the City, the District shall remit to the City, on a monthly basis, the District's payment as provided in Paragraph 2(b). b. The District agrees to pay the City an amount not to exceed $60,000.00 for the 2018-2019 school year to satisfy the District's financial obligations under this Agreement, including the District's share of the SRO's benefits, salary, and any overtime, but excluding any of the District's indemnity obligations under Section 4, below. c. The SRO's time worked at PHS must be substantiated by time cards and approved by the Principal or his/her designee. The District and the City shall share the cost of the SRO's overtime worked on school related investigations, with PUSD paying 75% and PPD paying 25%, not to exceed 20 hours annually. d. The District shall provide office space that provides privacy for the SRO to conduct confidential business. The office shall include the necessary equipment for the SRO to effectively perform his/her duties. e. The District will complete an SRO performance assessment once per year. The SRO(s) will assist the Principal with the preparation of the assessment based upon requirements 6 Attachment: IGA (City Contract No. 2019-071) with PUSD (2101 : Approval of IGA with PUSD for SRO Services) Packet Pg. 79 8.F.a of ADE and the District. The District will share the performance assessment with the SRO's PPD supervisor. d. The District shall provide $100 for classroom instructional supplies for the SRO as may be incurred throughout the School Year. f. No District or PHS administrator shall interfere with the sworn law enforcement duties of a PPD officer. It is agreed, however, that at such times as the SRO is acting within the role of a sworn law enforcement officer but is also acting outside of or in excess of District rules and policies regarding interviewing and searching students and/or the use of appropriate physical force on students, the City shall hold the District harmless from such actions by the SRO. The SRO shall not be responsible for assistance in administrative discipline, unless a definitive danger is perceived by District staff or the student is suspected of engaging in criminal misconduct. 4. Indemnity To the extent permissible under Arizona law, each Party shall indemnify and hold harmless the other party, their authorized agents, Board members, officers, directors and employees for, from and against all costs, claims, losses, liabilities, penalties, expenses, or other damages, including but not limited to settlements, judgments, court costs, reasonable fees of attorneys and experts, caused by or resulting from the negligent or intentional acts or omissions by that Party, its authorized agents, officers, directors and employees committed in the course of performing its obligations under this Agreement. Nothing in the section shall limit any right to contribution or other allocation of fault between the parties as determined by a court of competent jurisdiction and as permitted by all applicable state and federal laws. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed this day of , 2018. [signature page follows] 7 Packet Pg. 80 8.F.a CITY OF PRESCOTT GREG L. MENGARELLI, MAYOR DATE ATTEST: MAUREEN SCOTT Pursuant to A.R.S. Section 11-952(D), the foregoing agreement has been reviewed by the undersigned attorney for the City of Prescott, who has determined that the agreement is in proper form and is within the powers and authority granted under the laws of this State to the City of Prescott. JON PALADINI City Attorney PRESCOTT UNIFIED SCHOOL DISTRICT NO. 1 OF YAVAPAI COUNTY JOHN MACKIN, PRESIDENT DATE GOVERNING BOARD JOE HOWARD, SUPERINTENDENT DATE Pursuant to A.R.S. Section 11-952(D) and Section 15-342, the foregoing agreement has been reviewed by the undersigned attorney for Prescott Unified School District, who has determined that the agreement is in proper form and is within the powers and authority granted under the laws of this State to Prescott Unified School District. ANDRE E. CARMAN CARMAN LAW FIRM PUSD Attorney 8 Attachment: IGA (City Contract No. 2019-071) with PUSD (2101 : Approval of IGA with PUSD for SRO Services) Packet Pg. 81 8.F.a EXHIBIT A SCHOOL SAFETY PROGRAM GUIDANCE MANUAL Attachment: IGA (City Contract No. 2019-071) with PUSD (2101 : Approval of IGA with PUSD for SRO Services) 9 Packet Pg. 82 8.F.a EXHIBIT B MEMORANDUM OF UNDERSTANDING 10 Packet Pg. 83 8.G ('Pryor' PRESCOTT t J'e,,./0,lu.; f 1,}n,� MEETING DATE/TYPE: DEPARTMENT: Airport COUNCIL AGENDA MEMO VOTING MEETING 8-14-18 AGENDA ITEM: Accept the proposed Prescott Municipal Airport Layout Plan (ALP) for submission to the FAA for approval, and to approve the Public Airport Disclosure Map for transmittal to the Arizona Department of Real Estate to meet the A.R.S. §28-8486 public disclosure requirement. No financial impact. This Airport Master Plan was funded by a $1M FAA grant approved by Council in 2016. FUNDING SOURCE: Airport Fund Approved By: Michael Lamar, City Manager Item Summary The Airport Master Plan (AMP) Process is considered to be a "blueprint" for future airport development, as was funded by a $1M FAA grant, previously approved by the Council in 2016. The AMP process, led by Delta Consulting, involved a review of the following items: an inventory of existing airport conditions; forecasts of aircraft operations, based aircraft, and passenger enplanements; determination of facility requirements; creation and analysis of development alternatives; and financial feasibility. The AMP process was used to create the revised Airport Layout Plan (ALP) and a Public Airport Disclosure Map for Prescott Municipal Airport. Background The City of Prescott began the process to prepare an Airport Master Plan for the Prescott Municipal Airport in 2016. The process included five meetings with the Master Plan Advisory Committee (MPAC) and the Airport Manager's Airport Working Group (AMAWG), held in September 2016, March 2017, July 2017, October 2017, and July 2018. These groups provided initial feedback on the draft chapters prepared for the Master Plan, prior to submittal to the FAA for review. In addition to working group reviews, the City conducted four Public Open Houses, which enabled the public to review and provide feedback on materials presented. These Open Houses occurred in March 2017, August 2017, November 2017, and July 2018, and were held in a variety of locations including: City of Prescott Centennial Center, Town of Prescott Valley Public Library, and Embry -Riddle Aeronautical University. Both the Airport Layout Plan and the Public Airport Disclosure Map were shared at the July 2018 public hearing. Packet Pg. 84 8.G AGENDA ITEM: Accept the proposed Prescott Municipal Airport Layout Plan (ALP) for submission to the FAA for approval, and to approve the Public Airport Disclosure Map for transmittal to the Arizona Department of Real Estate to meet the A.R.S. §28-8486 public disclosure requirement. No financial impact. This Airport Master Plan was funded by a $1M FAA grant approved by Council in 2016. According to the FAA's Airport Improvement Program sponsor guide, "The Airport Layout Plan (ALP) serves as a critical planning tool that depicts both existing facilities and planned development for an airport." Airport sponsors, like the City of Prescott, must undertake Airport development in accordance with an FAA -approved ALP. The FAA must review and approve the forecasts and the ALP. Once the ALP is accepted by the City, it will be submitted to the FAA for their review and approval. The Public Airport Disclosure Map will be used to meet the A.R.S. § 28-8486 "Territory in the Vicinity of a Public Airport" public disclosure requirement, as administered by the Arizona Department of Real Estate. "Territory in the vicinity of a public airport" is defined as "property that is within the FAA -defined traffic pattern airspace" and is depicted as a rectangle (edged by a dashed line) on the Disclosure Map. In counties of Tess than 500,000 residents, ARS § 28-8486 also requires a disclosure of noise levels of 65 or more decibels, using the day -night average sound level (DLN) methodology. The 65 DNL sound -level contour is shown in red on the Public Airport Disclosure Map. Financial Impact This Airport Master Plan was funded by a $1 M FAA grant which was previously approved by the Council in 2016. The AMP and ALP produced are planning documents only. Each proposed project, if eventually pursued by the City, would go through the traditional process of budgetary approval, before implementation. Attachments 1. PRC City Council Airport Layout Plan Recommended Action: MOVE to Accept the proposed Prescott Municipal Airport Layout Plan (ALP) for submission to the FAA for review and approval, and to approve the Public Airport Disclosure Map for transmittal to the Arizona Department of Real Estate to meet the A.R.S. §28-8486 "Territory in the Vicinity of a Public Airport" public disclosure requirement. Packet Pg. 85 9.A ( tTY<, PRES('OTT MEETING DATE/TYPE: DEPARTMENT: City Clerk COUNCIL AGENDA MEMO VOTING MEETING 8-14-18 AGENDA ITEM: Appointment of members to the various Boards, Commissions, and Committees to fill existing vacancies occurring in Calendar Year 2018. Approved By: Michael Lamar, City Manager Item Summary This item is presented for consideration and approval of the Council Subcommittee for Appointments recommendations to fill vacancies that exist on various Boards, Commissions, and Committees in 2018. Background In December 2011, the City Council adopted Resolution No. 4113-1223 which established a Council policy for membership on Boards, Commissions, and Committees, and set forth the procedures for making appointments. The appointment process provides for review and recommendation of applicants by the Council Subcommittee for Appointments, and presentation to the full Council for approval. The Council Subcommittee for Appointments held a meeting on July 17th to review the submitted applications and determine their recommendations for appointments to the various Boards, Commissions, and Committees. All of the applicants recommended for appointment have passed the City's required background check. Financial Impact There is no financial impact associated with this request. Attachments 1. 2018 BCC August Recommendations Recommended Action: MOVE to approve the recommendations of the Council Subcommittee for Appointments as presented in Attachment 1, for appointments to the City's various Boards, Commissions, and Committees to fill vacancies occurring in Calendar Year 2018. Packet Pg. 106 Attachment 1 9.A.a Advisory & Appeals Board Robert Betts 8/14/2018- 3/30/2020 Fire Board of Appeals Michael King 8/14/2018- 3/30/2019 Industrial Development Authority Roger Thomas 08/14/2018 03/30/2024 Tourism and Advisory Committee Robert Coombs 8/14/2018 8/30/2020 Jason Seidman 8/14/2018 2/30/2019 Attachment: 2018 BCC August Recommendations (2115 : BCC Appointments 2018) Packet Pg. 107 9.B ('I'1`1"� r� /P1 E��S(1OTT Ly,er MEETING DATE/TYPE: DEPARTMENT: Library COUNCIL AGENDA MEMO VOTING MEETING 8-14-18 AGENDA ITEM: Rescind current library fees for non-profit and non-commercial groups. No funding required. Approved By: Michael Lamar, City Manager Item Summary Rescind the current library meeting room fees for non-profit and non-commercial groups. Background A recent evaluation of library meeting room fees showed that the library assistant, who does the bulk of the administration associated with meeting room fees, spends approximately 5 hours per week collecting funds, producing invoices, and interacting with patrons to collect funds for meeting room rentals. This amounts to an annual cost of $5,811 for wages/ERE. The average annual amount collected for meeting room fees in FY 2017 and FY 2018 was $5,292.00. As can be seen, the cost of collecting fees is not offset by fees collected. In addition to the cost of collection, the fee schedule prohibits many small groups without a dues structure, or groups formed on a temporary basis, from using the meeting rooms. Use of the Founders Suite meeting rooms fell from 394 community group uses in FY2016 (the last year no fee was charged) to 276 community group uses in FY 2018—a 30% drop in use. Estimated information was presented to the Library Advisory Board at their regular meeting February 21, 2018. The Library Advisory Board members informally agreed that the fees be discontinued. (Actual FY 2018 information is included in this memo.) To better serve the residents of Prescott, it is recommended that meeting room fees be rescinded for non-profit and non-commercial groups. Packet Pg. 108 9.B AGENDA ITEM: Rescind current library fees for non-profit and non-commercial groups. No funding required. Financial Impact Library revenue will be reduced approximately $5,500.00 per year. Attachments 1. Library Advisory Board Meeting for Room Fees Recommendation 2. Current Meeting Room Fees Recommended Action: MOVE to rescind current library meeting room fees for non-profit and non-commercial groups. 2 Packet Pg. 109 9.B.a July 16, 2018 Mr. Michael Lamar, City Manager City of Prescott 201 S. Cortez Prescott, AZ 86303 Michael, The consensus of the Library Advisory Board is that the library meeting room charges be rescinded (see 5/16/18 LAB minutes). This consensus is based on information provided by the Library Director stating that there has been a 43% decrease in use of the meeting rooms after fees were implemented; and the approximate cost of $5800 for FY2017 & 2018 in time spent to collect the fees was $1400 more than the rental amount collected (see 2/21/18 LAB minutes). We discussed arguments for and against meeting room fee charges. It's really a "no win" situation when we promote the library as a Free Library (opinion). Jerr Libra Chairman sory Board Cc: Roger Saft Library Director Attachment: Library Advisory Board Meeting for Room Fees Recommendation (2106 : Library Meeting Room Fees) Packet Pg. 110 1J (TrvoF' PRESCOTT MINUTES OF THE CITY OF PRESCOTT LIBRARY ADVISORY BOARD 9.B.a May 16, 2018 3:30 p.m. Elsea Room/Prescott Public Library 215 E. Goodwin Prescott, Arizona 86303 Minutes of the Library Advisory Board Meeting held on May 16, 2018 at the Prescott Public Library in the Elsea Room, located at 215 E. Goodwin Street, Prescott, Arizona. 1. Call to Order Chairman Jones called the meeting to order at 3:30 p.m. II. Roll CaII Present Jerry Jones (Chair) Alma Howell William Arnold Sharon Seymour Council Liaison Council Liaison, Councilwoman Alexa Scholl Excused/Absent Deborah McCasland (Vice -Chair) Jennifer Hemandez Dakota King Staff Present Staff Liaison and Library Director Roger Saft III. Approval of the February 21, 2018 Meeting Minutes Motion to approve minutes made by Alma Howell, seconded by Sharon Seymour. Approved unanimously. IV. Overview of Tentative FY 2019 Budget Saft presented details of FY2019 tentative budget including breakdown of budget and comparison with FY2018. Total budget is 6% above the FY2018 budget. The bulk of the increase is in salaries. This is to cover Sunday openings and the increase in Temporary Part time per hour increase. LED conversion resulted in reduction of APS electric charges. Seymour asked if special revenue funds are forfeited if not used annually. These funds are given specifically for library use and are held by the city. The funds roll over from year to year if not used. Attachment: Library Advisory Board Meeting for Room Fees Recommendation (2106 : Library Meeting Room Fees) Packet Pg. 111 9.B.a Jones noted that the library's use of the General Fund is less than 5%. Although the salaries line may seem large at 67% of total, the library is a service organization and requires personnel to provide those services. Jones asked about the number of volunteers working within the library. The library had 14,650 volunteer hours in the last fiscal year. Equivalent to 7 FTE. Volunteer are coordinated by a staff member. The Volunteer Coordinator matches applicants to needs and the city does background check. Volunteers are then trained to the specific tasks that they perform. Seymour pointed out that many volunteers have many years of experience. V. Year to Date Library Use Statistics Most use statistics are up Year to Date over FY2017. Job help computer use has fallen --perhaps due to increase in the number of groups in town that have computers available as well as the decrease in the number of substance abuse rehabilitation homes. These homes often required residents to apply for jobs. Seymour stated that room rental charges have resulted in drop in room use. Jones asked when charges would cease. This is a discussion that the city manager will have with council. Jones asked if the library has a booth that the library uses to promote the library at events. The library does have a tent that is used, but because of staff constraints this has not been done as much recently. One thing that the library would like to study is a way to reach out to the older community, either by taking programs to the places where there is a concentration of older residents or creating book van to go to these places and/or service schools and preschools. The largest expense would be personnel. Jones stated that it may be possible to team up with Meals on Wheels to provide such a service. VI. Current and Upcoming Fiscal Year Library Activities YouToo! Expo Summer Reading program. 1200 youth and teens participated in 2017. All summer reading programs are payed for by the Friends of the Library. Technology Help Hour —Volunteer run program In response to a question from Jones, the consensus of the library board was that meeting room rental charges be rescinded. VII. Topics for Future Agendas The next meeting is scheduled for Wednesday, August 15, 2018 at 3:30 p.m. VIII. Adjoumment There being no further business to discuss, Chairman Jones adjoumed the meeting at 4:25 p.m. 2 Attachment: Library Advisory Board Meeting for Room Fees Recommendation (2106 : Library Meeting Room Fees) Packet Pg. 112 Respectfully Submitted by: Roger Saft, Library Director 3 Date: 9.B.a Attachment: Library Advisory Board Meeting for Room Fees Recommendation (2106 : Library Meeting Room Fees) Packet Pg. 113 9.B.a Library Advisory Board Regular Meeting February 21, 2018 PRESCOTT, ARIZONA MINUTES OF THE LIBRARY ADVISORY BOARD held on February 21, 2018 in the ELSEA ROOM OF THE PRESCOTT PUBLIC LIBRARY located at 215 E GOODWIN ST, Prescott, Arizona. I. Call to Order Meeting called to order at 3:15 p.m. II. Attendance Present: Sharon Seymour Deb McCasland Carolyn Shelley Marlene Sullivan Absent: Jerry Jones T. Joe Larive Alma Howell Alexa Scholl, Council Liaison III. Approval of minutes of regular meeting of Wednesday November 15, 2017 Minutes approved as presented IV. Regular Items a. Presentation and discussion of computer and internet access policy i. Library Director presented revised version of Computer and Internet access policy ii. Legal has reviewed and policy does meet the legal requirements of ARS 34-502 iii. The library does employ software to block access to sites discussed in the Children's Internet Protection Act and ARS 34-502 iv. This needs to be approved by the "governing entity" every three years v. Board members present reviewed policy and approved b. Discussion of meeting room fees i. FY2017 and FY2018 library collected approximately $4,400 and time spent collecting fees cost approximately $5,800 ii. 43% decrease in use of meeting rooms after fees implemented iii. Members present supported the idea discontinuing room rental fees. c. Report on Calendar Year 2017 library use i. Presented figures for library use ii. 426,608 visitors 1. 10 per capita 2. US average: 4.3 N d a) E 0 0 re a w w d i z 1 L .0 J 0 0 N 0 r E E 0 U 0 ce N G7 0 u_ E 0 0 ce 0 rn c 0 0 i 1 Em 0 m 0 0 . a0 a (nzz L J c 0 E 0 a Packet Pg. 114 9.B.a e. next meeting date May 16, 2018 iii. 740,997 items circulated 1. 18 items per capita 2. US average: 8.5 per capita iv. Expenditure per capita: 1. $54 per capita ($41 from city general fund) 2. US average: $44 o d. FY 2018 Goals and objectives E i. Presented board with goals and objectives that will be used by �00 library for FY2019 0) c r 0 d 2 ea .0 J co O T N A c k 0 :. airman la c d E E 0 0 w ce N o ROGER SAFT, Library Director LL E 0 0 cc 0 w a) c r w a> 2 i_ co 0 m t' 0 y 13 Q Z" to L Ca+ w E .c ci l6 a+i+ Q Packet Pg. 115 9.B.b Current Library Meeting Room Fees for non-commercial use 1-2 hours 2-4 hours 4+ hours Founders Suite A $15 $25 $40 Founders Suite B $15 $25 $40 Founders Suite A&B $30 $50 $75 Computer Training Lab $30 $50 $75 Attachment: Current Meeting Room Fees (2106 : Library Meeting Room Fees) Packet Pg. 116 9.0 ( vol, PRESCOTT MEETING DATE/TYPE: COUNCIL AGENDA MEMO VOTING MEETING 8-14-18 DEPARTMENT: Public Works AGENDA ITEM: Award of City Contract No. 2019-070 for Bureau of Land Management Reimbursement Agreement for Application AZA 036972, as part of the Deep Well Ranch / Pioneer Parkway Extension. FUNDING SOURCE: Private Contributions Approved By: Michael Lamar, City Manager Item Summary Approval of this Cost Reimbursement Agreement will authorize the expenditure of City funds to acquire right-of-way from the Bureau of Land Management (BLM), for access to Deep Well Ranch lands north of Pioneer Parkway, which have been newly annexed into the City of Prescott, as well as to lands currently leased to the City of Prescott for City of Prescott Pioneer Park. Background Currently there is no roadway access to the Deep Well Ranch lands between Pinon Oaks and Long View Estates subdivisions. The most reasonable access would be from Pioneer Parkway and across BLM land. As Pioneer Parkway is designated as a limited access roadway, the only designated intersection to this land area would be at the Pioneer Parkway and Commerce Drive intersection. Per the Development Agreement (DA) with Deep Well Ranch (City Contract No. 2018- 115), Section 3.2(b), states, "The City, as necessary to implement the Infrastructure Plan, shall cooperate reasonably with. (b) an Owner's request for the City to be the applicant with appropriate governmental entities regarding the abandonment or acquisition of public rights -of -way or easements necessary to develop the Property". As a result, Chamberlain Development has requested the City be the applicant to the BLM on acquiring right-of-way across the BLM land to the Deep Well Ranch property. The Public Works Department is therefore ready to proceed forward, to make application to the BLM for acquisition of the right-of-way necessary across BLM lands on behalf of the developer. By a separate agreement between the City and Chamberlain Development (Attachment Packet Pg. 117 9.0 AGENDA ITEM: Award of City Contract No. 2019-070 for Bureau of Land Management Reimbursement Agreement for Application AZA 036972, as part of the Deep Well Ranch / Pioneer Parkway Extension. 1), the developer will pay the entire cost of the acquisition and the City will act as applicant to the BLM. The developer has submitted to the City the monies necessary to submit the application to the BLM. After acquisition of the right-of-way is complete, Chamberlain Development will be constructing the new roadway at their own expense. Financial Impact The BLM has estimated the cost to process the application to be $98,491.00. These funds will be drawn down as the application progresses by the BLM. The City is in receipt of a check from the developer for this amount. Additional funding, if needed, to process the application will be paid for by the Developer. There is no direct cost to the City. This will be a pass -through of funding, with the City acting as the applicant. Attachments 1. BLM Cost Reimbursement Agreement 2. Chamberlain Development Reimbursement Agreement 3. Vicinity Map Recommended Action: MOVE to award City Contract No. 2019-070 for Bureau of Land Management Reimbursement Agreement for application AZA 036972. 2 Packet Pg. 118 9.C.a COST REIMBURSEMENT AGREEMENT: (Enter number from State Office or NOC) APPLICANT: City of Prescott LEAD BLM OFFICE: Hassayampa Field Office, Phoenix District Office I. AUTHORITY: Section 304(b) and 504(g) of the Federal Land Policy and Management Act (FLPMA) [43 U.S.C. 1734(b) and 1764(g)], as amended and 43 CFR Subpart 2804. II. PURPOSE: This Agreement between the above referenced Applicant and Bureau of Land Management (BLM), establishes procedures to reimburse BLM for costs incurred to process a right-of-way application serial number AZA 036972. If a decision is made to authorize a right-of-way this Agreement shall be utilized to reimburse BLM for costs incurred to monitor construction and initial reclamation. III. PROVISIONS OF AGREEMENT A. In accordance with Section 304(b) of FLPMA and 43 CFR 2804.19, Applicant agrees to reimburse BLM for the costs incurred by BLM for processing the Application, and should a right-of-way be approved, costs for issuing a right-of-way grant and monitoring the construction and initial reclamation. Further, in accordance CFR 2804.20 and 2804.21, the applicant agrees to pay all actual costs incurred by the BLM related to this Application. B. This Agreement is subject to the Reimbursable Cost Provisions and the Descriptions of Direct and Indirect Costs contained in Attachment #1, the Work Plan contained in Attachment #2, and the Financial Plan contained in Attachment #3. This cost estimate may be amended should actual costs exceed estimated costs. C. Applicant will be advised as to the nature and extent of all major studies needed to complete the Environmental Assessment (EA) or Environmental Impact Statement (EIS). IV. EFFECTIVE DATE: This Agreement shall be effective (as of the latter date of its execution by both parties. Unless terminated earlier, it shall continue until the BLM authorized officer has accepted completion of construction and initial reclamation. V. SIGNATURES OF AGREEMENT For Bureau of Land Management For City of Prescott Phoenix District Office Signature Signature Rem Hawes Craig Dotseth Hassayampa Field Manager Public Works Director Date Date Version 3/21/12 Attachment: BLM Cost Reimbursement Agreement (2123 : BLM Cost Reimbursement Agreement) Packet Pg. 119 9.C.a Attachment #1 REIMBURSABLE COST PROVISIONS A. BLM agrees to process the Application to the extent funding under the Agreement permits. Processing will include, but not be limited to, the following: coordination, administration and approval of any necessary environmental analyses including the preparation of an EA or EIS; consultation with appropriate Federal, State, Tribal, and local officials; preparation of the administrative record and resolving any protests, appeals and litigation that might result from the proposal, preparation of all decisions and authorizations resulting from those decisions, monitoring the construction, operation and termination of any resultant authorization; and other necessary processing actions consistent with a final decision. B. BLM agrees to timely notify the Applicant, in writing, of any changes to the indirect rate. Refer to the Definition of Direct and Indirect Costs below. C. Applicant agrees to fund and utilize third party assistance contractors to expedite processing the application. Third party assistance contractors may include, but are not limited to, contractors for preparation of National Environmental Policy Act (NEPA) documents, cultural resource inventories, biological inventories and surveys, engineering and design surveys, clerical staff support, NEPA adequacy reviews, resource specialist reviews, persons to aid in assembling the case file record, and compliance inspectors. D. BLM shall monthly review case processing and costs incurred. When BLM determines there are only 15 percent of funds remaining for the next period of planned work, it shall inform the Applicant of the work proposed to be done and request a further deposit if needed. Deposits must be received prior to BLM incurring costs. E. Quarterly statements of BLM expenditures will be furnished to Applicant within 30 days of the close of the quarter (March 31, June 30, September 30, and December 31). F. Applicant shall have the right to conduct, at its own expense, reasonable audits of the books, records, and documents of BLM relating to the items on any particular accounting statement provided by BLM. Applicant shall have 90 days after receipt of the quarterly statement to raise objections to or dispute any particular entry of cost item. G. BLM shall provide full justification of any disputed entry or cost item within 30 days of receipt of the objection or will delete the entry or cost item. If Applicant still objects to the entry or cost item, an appeal to the State Director may be made within 30 days of receipt of BLM justification. The State Director' s decision is the final administrative decision. H. Reimbursable funds, once obligated by BLM, are not refundable and will not be made refundable by termination of the Project, withdrawal of the Application, or non -issuance of a right-of-way grant. I. In accordance with 43 CFR 2804.27(a), if BLM denies the Application, Applicant must reimburse BLM for all costs BLM incurred in processing the Application. If the Applicant withdraws the application, Applicant will reimburse BLM for processing costs incurred by BLM in closing its review of the Application and which cannot reasonably be avoided after BLM receives written notice of withdrawal of the Application. Version 3/21/12 Attachment: BLM Cost Reimbursement Agreement (2123 : BLM Cost Reimbursement Agreement) Packet Pg. 120 9.C.a J. Nothing herein shall be deemed to require BLM to maintain books, records, or documents other than those usually maintained by them, provided that such books, records, and documents reasonably segregate and identify the costs for which reimbursement is required and comply with generally accepted accounting practices for such documentation. K. The designated points of contact with whom each party to this Agreement will communicate concerning any aspect of this Agreement are as follows: BLM Applicant Name: Rem Hawes Craig Dotseth Address: 21605 N 7th Ave 433 N. Virginia Street Phoenix, AZ 85027 Prescott, AZ 86301 Phone No.: 623-580-5530 928-777-1130 Fax No.: 623-580-5580 928-771-5929 Email: rhawes(aiblm.gov craig.dotseth@prescott-az.gov Either party may designate a different point of contact by notifying the other party in writing of such change. Definition of Direct and Indirect Costs Direct costs are those costs which can be specifically identified with the Application and which are incurred for the benefit of said applicant in that the costs would not have been incurred but for the Application and are appropriate in order for BLM to process the Application. Examples of direct costs include, but are not limited to, personnel costs in the form of wages paid to BLM personnel working on the Application, with allowances provided for fringe benefits and leave surcharge rate and any overtime associated with processing the Application; travel expenses; purchased services, if necessary, such as printing, automated data processing services and photographic reproduction; and any miscellaneous supplies and equipment of a specialized nature, the use of which is directly applicable to processing the Application. Indirect costs are those which cannot be specifically identified with the Application. These indirect costs have been calculated at a rate of 21.8 percent of direct costs. The indirect costs are subject to change annually. This percentage figure has been developed in accordance with Department of the Interior procedures and represents those administrative and program costs, excluding management overhead, which can be attributed to processing the Application. Indirect costs include a portion of the costs for capitalized and non -capitalized equipment; space rental; telephone services; postage; personnel transfer costs; budget and program development; administrative and clerical support; training; safety management; public information, inquiries and reports; cartography and basic series mapping; aviation management; telecommunications; maintenance of equipment and tools; and systems design and implementation. Excluded from indirect costs are costs for managerial work; evaluations of field office activities; program coordination; technical program direction; environmental education; interagency planning; studies and research; preparation of environmental documents relating to general program planning; law enforcement and firefighting. Version 3/21/12 Attachment: BLM Cost Reimbursement Agreement (2123 : BLM Cost Reimbursement Agreement) Packet Pg. 121 9.C.a Attachment #2 Schedule of Major Milestones This work plan identifies only major milestones. TASK Review Application and Plan of Development Establish reimbursable account Public Notification Scoping Letters Notify agencies/tribes SHPO Work Plan DATE TIME RESPONSIBLE REQUIRED PARTY March 10 days BLM March 2 days BLM, Applicant April 1 week BLM April 3 days April 30 days BLM Agency/tribal meetings April 1 day BLM Scoping Meetings April 1 day BLM Initiate field work/data April as required BLM collection Review administrative June 60 days BLM, other affected parties draft EA/EIS Review Final EA/EIS July 60 days Public Conclude agency/Tribal July 2 days BLM, Tribes Consultations SHPO July 1 week BLM Issue Decision Record/FONSI October 5 days BLM or Record of Decision Issue Grant(s) November 1 day BLM Pre -construction meeting(s) January/19 1 day BLM Issue Notice(s) to Proceed February/19 6 days BLM Version 3/21/12 Attachment: BLM Cost Reimbursement Agreement (2123 : BLM Cost Reimbursement Agreement) Packet Pg. 122 9.C.a Financial Plan for Right -of -Way Application AZA 036972 Field Office Staff #WM Avg WM Totals Field Office Management Team .25 $ 14,590 $ 3,647.5 Realty Specialist Lead .25 $ 11,985 $ 2,996.25 Specialist 2_0 $ 9,608 $ 19,216 LLE 1.0 $ 6,658 $ 6,658 Wildlife Biologist (T&E) _5 $ 9,090 $ 4,545 Recreation .5_ $ 10,128 $ 5,064 Cultural Resources/Tribal 1.5 $ 10,329 $ 15,493.5 Other Staff (NEPA) 1.5 $ 12,097 $ 18,145.5 Compliance Inspection .25 $ 9,608 $ 2,402 TOTAL $78,167.75 Version 3/21/12 Attachment #3 Attachment: BLM Cost Reimbursement Agreement (2123 : BLM Cost Reimbursement Agreement) Packet Pg. 123 9.C.a Information to be Supplied by Applicant Technical drawings, Plan of Development, survey drawings and other information specifically related to the proposed project Coordination with Other Agencies BLM will coordinate this proposed project with at least the following other agencies: US Fish and Wildlife Service State Department of Fish and Game State Historic Preservation Department Local Native American Tribes Environmental Groups Other Affected Parties Version 3/21/12 Attachment: BLM Cost Reimbursement Agreement (2123 : BLM Cost Reimbursement Agreement) Packet Pg. 124 9.C.a Attachment #3 Financial Plan for Right -of -Way Application AZA 036972 Estimated cost designated for each office and designated tasks may change as the application is processed or right-of-way grant monitored (e.g. some tasks not mentioned here may be required). The dollar amounts may be moved from one office with less work than is estimated to an office with more than work than is estimated. This estimate is not broken down to BLM fiscal quarter estimate. Office: Hassayampa Field Office Tasks - include but are not limited to adjudication, project management, attend project and public meetings (including pre -work meetings), coordinate, NEPA process, field examinations, monitor project expenses, travel, review Plan of Development and its inclusions, such as Hazardous Substances Contingency Plan, Storm Water Pollution Control Plan, and the Compliance Plan, review cultural and threatened and endangered species reports, and construction and reclamation compliance inspections. Calculation Labor Costs $78,167.75 Total Estimated Direct Costs $78,167.75 Indirect Cost Rate FY18 21.8% $20,323.615 GRAND TOTAL $98,491 rounded to dollar Version 3/21/12 Attachment: BLM Cost Reimbursement Agreement (2123 : BLM Cost Reimbursement Agreement) Packet Pg. 125 AGREEMENT BETWEEN THE CITY OF PRESCOTT AND CHAMBERLAIN DEVELOPMENT THIS AGREEMENT, made and entered into this 254day of [A-1 201 8, by and between the City of Prescott, a municipal corporation of the State of Arizona, ("City"), and Chamberlain Development, L.L.C., an Arizona limited liability company ("Chamberlain Development"). WITNESSETH WHEREAS, City has filed an application for transportation and utility systems on federal lands ("roadway") with the United States Department of Interior Bureau of Land Management (BLM) for BLM property generally located north of Pioneer Parkway and north-westerly of Commerce Drive; and, WHEREAS, Chamberlain Development plans to develop its property north of the BLM land that is the subject of the City's BLM application; and, WHEREAS, Chamberlain Development needs access to its property through BLM land; and, WHEREAS, the City is seeking reimbursement for its BLM application costs, which are currently estimated to be $98,491.00 per the draft Cost Reimbursement Agreement between the City and BLM, which draft Cost Reimbursement Agreement is attached hereto and incorporated herein by reference as Exhibit "A"; and, WHEREAS, Chamberlain Development will be required to reimburse the City the actual amount paid for the BLM application, whether that amount is more or less than the application estimates identified in the previous recital; and, WHEREAS, Chamberlain Development is ready, willing and able to reimburse the City its actual BLM application costs; and, WHEREAS, Chamberlain Development will be responsible for contracting for any required National Environmental Policy Act ("NEPA") studies regarding its proposed roadway construction in the right-of-way easement on BLM lands; and, WHEREAS, Chamberlain Development will be responsible for contracting for any required Cultural and Biological Resources Inventory Reports regarding its proposed roadway construction in the right-of-way easement on BLM lands; and, WHEREAS, Chamberlain Development will build a roadway to serve the anticipated development to City of Prescott standards on the right-of-way easement; and, WHEREAS, upon acceptance of the roadway by the City, the roadway will be maintained in perpetuity by the City and used as a public roadway; and, WHEREAS, this Agreement contains and incorporates the total and entire agreement and understanding between the parties hereto. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the parties agree as follows: I. Chamberlain Development will deposit $98,491.00 with the City, to be held in a separate City account, within thirty (30) days of execution of this Agreement. These funds will be used by the City to make payment to the BLM for the City's Application for transportation and utility systems (roadway) on federal lands. It is expressly understood that Chamberlain Development will be responsible for the actual final costs/fees of the BLM application, whether those amounts are more than, or less than, the estimated $98,491.00. If the BLM application fee is greater than $98,491.00, Chamberlain Development will provide the City with the additional costs/fees, to again be placed in a separate City account, which additional costs/fees shall be paid by the City to the BLM. Chamberlain Development shall make this deposit within ten (10) days of receiving notice from the City of the final BLM application costs. If the amount of the actual BLM application costs/fees are less than $98,491.00, the City will reimburse Chamberlain Development within thirty (30) days of receiving the final receipt of actual costs/fees from the BLM. II. Chamberlain Development will be responsible for contracting for and obtaining any required National Environmental Policy Act ("NEPA") studies regarding its proposed roadway construction in the right-of-way on BLM lands that are the subject of the City's BLM application for transportation and utility systems (roadway) on federal lands. Chamberlain Development will be responsible for contracting for and obtaining any required Cultural and Biological Resources Inventory Reports regarding its proposed roadway construction in the right-of-way on BLM lands that are the subject of the City's BLM application for transportation and utility systems (roadway) on federal lands. IV. Chamberlain Development will build its proposed roadway on the BLM right-of- way to City of Prescott standards. V. Upon acceptance of the roadway improvements by the City, the roadway will be maintained in perpetuity by the City for public use. VI. Pursuant to A.R.S. Section 38-511, the City may cancel this Agreement, without penalty or further obligation, if any person significantly involved in initiating, negotiating, securing, drafting or creating the Agreement on behalf of the City is, at any time while the Agreement or any extension of the Agreement is in effect, an employee or agent of any other party to the Agreement in any capacity or a consultant to any other party of the Agreement with respect to the subject matter of the Agreement. In the foregoing event, the City further elects to recoup any fee or commission paid or due to any person significantly involved in initiating, negotiating, securing, drafting or creating this Agreement on behalf of the City from any other party to the Agreement arising as a result of this Agreement. VII. This Agreement, its covenants and conditions, shall extend to and be binding upon the City, and upon Chamberlain Development, and their successors, heirs and assigns. VIII. Chamberlain Development agrees to indemnify and hold harmless the City, its departments and divisions, its employees and agents, from any and all claims, liabilities, expenses or lawsuits as a result of the Chamberlain Development's participation pursuant to this Agreement, whether said claims, liabilities, expenses or lawsuits arise by the acts or omissions of the undersigned or his/her agents. Chamberlain Development further releases and discharges the City, its departments and divisions, its agents and employees, and any and all persons legally responsible for the acts or omissions of the City, from any and all claims which Chamberlain Development has or may have against the City, its agents or employees, arising out of or in any way connected with the Chamberlain Development's activities as set forth below, other than those acts which occur due to the negligence of the City, its employees or agents. IX. This Agreement represents the entire and integrated Agreement between the City and Chamberlain Development and supersedes all prior negotiations, representations, or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both the City and the Sun City. Written and signed amendments shall automatically become part of the Agreement, and shall supersede any inconsistent provision therein; provided, however, that any apparent inconsistency shall be resolved, if possible, by construing the provisions as mutually complementary and supplementary. CITY: CITY OF PRESCOTT, a Municipal Corporation of the State of Arizona MICHAEL LAMAR, City Manager ATTEST: APPROVED AS TO FORM: MAUREEN SCOTT JON M. PALADINI City Clerk City Attorney CHAMBERLAIN DEVELOPMENT, INC.: By: Name: Title: STATE OF ARIZONA ) ) ss. County of Yavapai ) The foregoing instrument was acknowledged before me this day of , 2018, by . personally known to me or proven to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument, and acknowledged that he executed it. [Seal] Notary Public STATE OF ARIZONA ) ) ss. County of Yavapai ) The foregoing instrument was acknowledged before me this day of , 2018, by Michael Lamar, City Manager of the City of Prescott, personally known to me or proven to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument, and acknowledged that he executed it. [Seal] Notary Public CHAMBERLAIN: CHAMBERLAIN DEVELOPMENT, L.L.C., an Arizona limited liability company STATE OF ARIZONA ) ss. County of Maricopa By: Sun State Builders, Inc., an Ariz• - . corporation Its: Ma 13 M. Chamberlain, President The foregoing instrument was acknowledged before me this 25' day of 2018, by James M. Chamberlain, as President of Sun State Builders, Inc., as Managing Member of Chamberlain Development, LLC, an Arizona limited liability company, personally known to me or proven to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument, and acknowledged that he executed it. ary Public Tanya M Swayze Notary Public Maricopa County, Arizona My Comm. Expires 5-16-20 (;uawaai6y;uewesingwiab;soO Wr18 : £Z6Z) dew IC;!U!3!A :;uewg3e V Vicinity Map Proposed Right -of -Way Packet Pg. 131 9.D ('I'1'Y0} 1_RL' S( OTT MEETING DATE/TYPE: COUNCIL AGENDA MEMO VOTING MEETING 8-14-18 DEPARTMENT: Public Works AGENDA ITEM: Award of City Contract No. 2019-064 to Badger Daylighting Corporation for the FY19 Utility Locating and Potholing by Vacuum Extraction Project, in an amount not to exceed $75,000.00. Funding for this contract was budgeted in FY19 with the various CIP project budgets and is available from the Streets, Water, and Wastewater Funds. FUNDING SOURCE: Various Funds Approved By: Michael Lamar, City Manager Item Summary This item is to approve City Contract No. 2019-064 with Badger Daylighting Corporation, for the FY19 Utility Locating and Potholing by Vacuum Extraction Project in an amount not to exceed $75,000.00. The work will be performed on -call at various locations throughout the City. Background The City of Prescott frequently requires services to locate existing underground utilities (water, sewer, drainage, electric, gas, and communications) to determine the precise vertical and horizontal positions of these facilities within easements and roadways for engineering design and maintenance/repair work. This is accomplished via non- destructive excavation utilizing high pressure water jetting and vacuum extraction to "pothole" existing utilities. The contract documents require the contractor to respond to City requests for utility locating and be responsible for establishing traffic control, locating the underground utility, and preparing a formal report. The report will include utility details such as exact location, type, material, and size. This information is critical to various City departments for future improvements and on -going operations. Recommendation for award is based on the ranking of the unit prices presented at the bid opening. Bid Results Packet Pg. 132 9.D AGENDA ITEM: Award of City Contract No. 2019-064 to Badger Daylighting Corporation for the FY19 Utility Locating and Potholing by Vacuum Extraction Project, in an amount not to exceed $75,000.00. Funding for this contract was budgeted in FY19 with the various CIP project budgets and is available from the Streets, Water, and Wastewater Funds. The project was publicly bid on two consecutive weeks during July, 2018. Three (3) bids were opened on July 26, 2018, with the following ranking of the submittals: Company Location 1. Badger Daylighting Corp. Glendale, AZ 2. Earth Resources Corp. Dewey, AZ 3. Cobb, Fendley & Assoc. Tempe, AZ Written confirmation of their bid has been received from Badger Daylighting Corporation. Verification of license, bonding, references, and past performance of similar projects has been completed. Based on this information, the bid has been deemed responsive and balanced. Award of the contract in an amount not to exceed of $75,000.00 is recommended to the highest ranked firm, Badger Daylighting Corporation. Project Schedule Due to the scope and type of work contemplated by this contract, the contractor will be conducting work on -call. Per the contract, the timeframe for this work will end on June 30, 2019. Financial Impact Funding for this contract was budgeted in FY19 with the various CIP project budgets and is available from the Streets, Water, and Wastewater Funds. The City's standard construction contract will be used for this project. Attachments 1. Bid Tabulation - FY19 Utility Locating Potholing Recommended Action: MOVE to award City Contract No. 2019-064. 2 Packet Pg. 133 Bu loy;od pue 6u!;eoo7'C;!Ipfl 66Ad : Z64Z) 6u!!oq od 6uge3o-1 Al!IRf 6l.Ad - uol4eingel p!8 :;uaumoe;;y L Cobb, Fendley & I Earth Resources I Badger Daylighting I Associates Corporation Cornoratinn 06 0 1 i 0 0 CO 69 0 0 O) 69 0 o 69 0 ui 0 69 0 ui Lf) N fA 0 Lri V CO 69 0 coN V En 0 CO EA 0 O o V ER 0 Lci co Ef) I w eno o U w O 0 0 o O O rn c c c $ 155.00 $ 255.00 $ 345.00 $ 435.00 $ 675.00 $ 400.00 $ 135.00 Total $ 8.00 $ 175.00 0 O O o 69 $ 175.00 $ 490.00 $ 590.00 O 0 O c) CO 4) $ 890.00 0 O 0 8) $ 225.00 Unit Cost 0 00 69- 0 Lri 6 0 0 0 8) $ 175.00 0 000 rn 43 00 0) 8) 0 0 CD co 83 00 OOL $ 00 068 $ $ 225.00 0 1- $ 175.00 $ 185.00 $ 125.00 $ 200.00 $ 400.00 $ 600.00 $ 750.00 $ 950.00 0 0 CD 8) Non -Destructive Subsurface 1 I HR $ 95.00 $ 95.00 Investigations Unit Cost 0 00 U) Ef) I$ 185.00 0 CL\I Ef) $ 200.00 $ 400.00 $ 600.00 $ 750.00 $ 950.00 0 O O 8) BID TAB m LL CO < W L 2 2 Q W Q W Q W < W < W wl— IDescription Sawcut, Remove and Replace Core Drill 12" Diameter Into Existing Concrete MUTCD Typical Application 10 MUTCD Typical Application 10 with Pilot Car Utility Location and Pothole: Surface to 4 ft Deep Utility Location and Pothole: Over 4 ft Deep to 8 ft Deep Utility Location and Pothole: Over 8 ft Deep to 12 ft Deep 'Utility Location and Pothole: Surface to Required Depth in Excess of 12 ft Dee Dry Hole Excavation, Backfill and Patchin Contin enc E - c N M O') O d' CO CD M M• CO O CO m p p 7t _ c;W 0 O 1000.2 1000.3 1000.4 1000.5 1000.6 ILine No. 1 ,- N co V U') CO N CO m r.. 0 a c 0 c.. L W E 0 0 0 O. a) iTs 0 0 J r w 0) LL Packet Pg. 134 9.E ('1Tror• PRESCOTT l_L'ert4t`4,f / 7`.n7("i!'u'/! MEETING DATE/TYPE: COUNCIL AGENDA MEMO VOTING MEETING 8-14-18 DEPARTMENT: City Manager AGENDA ITEM: Approval of the 2018 Arizona League of Cities and Towns Resolutions. Approved By: Michael Lamar, City Manager Item Summary Each summer the League of Cities hosts ongoing meetings for 5 separate Resolution Committees to consider items of general interest among its members in order to craft the beginning of their legislative agenda for next year's legislative session. The resolutions are presented and voted on during the Annual League Conference in August. The Mayor or an authorized designee represents each city and town during the Annual Business Meeting and casts a vote on each resolution presented. Background This year there are 12 separate resolutions that were a result of the discussions held in the various Resolution Committees. This discussion will allow for the Council to discuss the resolutions that will be considered at the Annual Business Meeting during the League Annual Conference and to give the Mayor direction to vote accordingly. Below are summaries of the resolutions and more details on each of them can be found in the attached materials. Packet Pg. 135 9.E AGENDA ITEM: Approval of the 2018 Arizona League of Cities and Towns Resolutions. Number Resolution Sponsor Notes BFED 1 Pursue collaborative discussions with homebuilding industry stakeholders on potential modifications to the impact fee statutes that will streamline the adoption process and ensure that new development pays for the Prescott BFED 2 Seek legislation that adds an economic presence standard. including reasonable thresholds in dollar amount and number of transactions. to address transaction privilege tax collection on remote sellers for Casa Grande BFED 3 Add to the League's Federal Agenda support of federal legislation or rulemaking expanding the zone of permissible travel in Arizona for Mexican tourists that hold a border crossing card from the current 75 mile limitation to instead include the entire state Flagstaff GAHRE 1 Allow city town elected officials to transfer campaign contributions to a statewide or legislative office. Maricopa GAHRE 2 Allow cities and towns to use excess revenues from legacy volunteer fire department profit sharing plans to reduce unfunded liabilities in the Public Safety Personnel Retirement System (PSPRS). Florence GAHRE 3 Encourage Arizona state legislators to establish a legislative committee to examine and explore resources for the Revolving Emergency Telecommunications Fund (9-1-1 funding). Yuma NSQL I Amend statute to allow local regulation of short-term home rentals through a licensing. special permit. or registration system, at the local or state level, including placing limits on number of guests. location, and °-o of housing that can be used for short-term rentals Fountain Hills NSQL 2 Support the creation of a state workforce housing tax credit modeled after the successful federal Low -Income Housing Tax Credit (LIHTC) program Tucson NSQL 3 Advocate for a state-wide non-discrimination policy that includes gender identity and sexual orientation Mesa NSQL 4 Support legislation that promotes and strengthens the safety of children in school buildings located near airports while preserving airports' long -tern viability and economic benefits to local communities Mesa PSMAC 1 Pursue all avenues for improving the relationship between cities towns and the State Liquor Board. including having a city/town elected official or staff member, or a League representative. appointed to the Board Glendale League Staff I Investigate and potentially support Legislation permitting PSPRS members currently enrolled in the system to make a one-time irrevocable election to convert their account from the DB plan to the PSPRS DC plan. League Budget. Finance and Economic Development - BFED General Administration, Human Resources and Elections - GAHRE Neighborhoods. Sustainability and Quality of Life - NSQL Public Safety. Military Affairs and the Courts - PSMAC Transportation. Infrastructure and Public Works - TIPW' Attachments 1. 2018 League Conference Resolutions Packet Recommended Action: MOVE to approve the 2018 League of Cities Resolutions to be voted on by the Mayor at the League's Annual Business Meeting. 2 Packet Pg. 136 9.E.a League of Arizona 1820 W. Washington •• Phoenix, At 85007 • Phone: (602) 2_58-5786 • Fax: (602) 253-387 4 (IIIities AND_towns Finail:Icagut azleaguc.urg Web site:»•wwazleague.org July 16, 2018 Dear Mayor, Correspondence of June 26, 2018 sent from League Staff on my behalf, announced John Giles, Mayor of Mesa and member of the League's Executive Committee, would serve as Chairman of the Resolutions Committee at the League Annual Conference. The Chairs of five League Policy Committees will present the Resolutions discussed in their respective committees to the Resolutions Committee at the Annual Conference. League Staff will present the Staff Resolution. Included in this packet you will find: • Resolutions Committee Calendar • Resolutions Committee Procedures • Policy Committee Reports and Resolutions • Proposed League Staff Resolutions As the first order of business at the conference, the Resolutions Committee will meet on Tuesday, August 21, 2018 at 1:30pm. The actions of the full Resolutions Committee will be formally adopted at the League's Annual Business Meeting on Thursday August 23, 2018 at 4:00 p.m. If you have not accepted your appointment or designated a council representative to serve your city/town on the 2018 Resolutions Committee, please make that appointment here. We look forward to having all 91 cities and towns participate on the Resolutions Committee. If you have any questions or comments regarding the Resolutions Committee, your appointment or the resolutions submittal process, please do not hesitate to contact the League office. Sincerely, Mayor Jay Tibshraeny, Chandler League President Enclosures cc (via email): Managers, Clerks without Managers, Intergovs Attachment: 2018 League Conference Resolutions Packet (2125 : League Resolutions Voting) Packet Pg. 137 9.E.a 2018 Resolutions Committee Calendar April: Mayor Giles appointed as 2018 Resolutions Committee Chairman May -July: Policy Committees meet c r 0 June 26: League sends email requesting mayors or council designees register to c represent their city/town on Resolutions Committee r c 0 N a) July 16: League sends out resolutions packet to membership d a a) as d August 21: Resolutions Committee Meeting at the League Annual Conference in in Phoenix N N r+ ; Y August 23: Resolutions ratified at the Annual Business Meeting cco a. N c o r c O N a1 re a) v c a) w c o U a) a CO CD CO O N i+ c d E t V f0 a+ Q 2 Packet Pg. 138 9.E.a League of Arizona Cities and Towns Resolutions Committee Procedures 1. Resolutions Committee Appointment The President shall appoint the Chairman and members of the Resolutions Committee. Only one elected official from each city or town shall be appointed to the Committee. 2. Duties The Resolutions Committee shall adopt statements of policy amending the annual Municipal Policy Statement, special resolutions and such other resolutions of courtesy, commendation or appreciation as the Committee deems appropriate. 3. Submission of Resolutions A. All resolutions submitted by a city or town, including resolutions of courtesy, commendation or appreciation, may be considered by the Committee provided such resolutions are submitted to the Chairman of the Committee or to the League office for consideration by the Policy Committees. The resolutions process allows cities and towns to submit policy ideas to the League at any time during the year without the requirement of a co -sponsoring city or town. If approved by a policy committee, League staff will draft the resolution for presentation to the full Resolutions Committee. Sponsoring cities and towns, or other interested stakeholders may be consulted to provide more information on the idea and also may be invited to speak to the issue at one of the policy committee meetings. Submissions received after July 6 may not be processed in time for the Annual Conference. B. Except in the case of emergency as determined by the chair of the committee, no resolutions submitted by a city or town after the deadline specified in subsection A of this section or that have not been vetted by the Policy Committees may be considered. C. League staff may submit resolutions for consideration by the full Resolutions Committee if there are issues that have not been addressed through the policy committee process. 4. Resolutions Committee Process A. The President shall assign submissions to the relevant Policy Committee. The Policy Committees will review submissions and develop pertinent resolutions for consideration by the Resolutions Committee. Except for the provisions of subsections 3 A and B, only resolutions advanced by the Policy Committees shall be discussed at the Annual Conference Resolutions Committee. B. Resolutions shall be amended according to the process established by the Chairman of the Committee. C. The completed resolutions will go to the full Resolutions Committee at the Annual Conference for consideration. The chairs of each policy committee will be responsible for presenting the resolutions and their committee activities to the full Resolutions Attachment: 2018 League Conference Resolutions Packet (2125 : League Resolutions Voting) 3 Packet Pg. 139 9.E.a Committee. Notice shall be given to each member at least four weeks in advance of the meeting. 5. Final Report After the Resolutions Committee meeting, the Chairman of the Committee or a designee shall report to the entire league membership at the Annual Business Meeting those resolutions adopted by the Committee. Resolutions adopted by the Committee shall be formally adopted by the membersh ip at the Annual Business Meeting and become the basis for the annual Municipal Policy Statement. Attachment: 2018 League Conference Resolutions Packet (2125 : League Resolutions Voting) 4 Packet Pg. 140 9.E.a Policy Committee Reports The following policy committee reports and resolutions are arranged in alphabetical order. The recommended resolutions are categorized by their respective committee initials and numbered according to the order in which they were approved. Budget, Finance and Economic Development — BFED General Administration, Human Resources and Elections — GAHRE Neighborhoods, Sustainability and Quality of Life — NSQL Public Safety, Military Affairs and the Courts — PSMAC Transportation, Infrastructure and Public Works — TIPW Attachment: 2018 League Conference Resolutions Packet (2125 : League Resolutions Voting) 5 Packet Pg. 141 (6ugon suogniosaa an6ee : SZ4Z) ;81oed suoi;niosej aouaaa;uo3 anBeei 840Z :;uew43e;;y v, c) 0 z Sponsor Prescott Casa Grande Flagstaff Maricopa Florence ct E Fountain Hills Resolution Pursue collaborative discussions with homebuilding industry stakeholders on potential modifications to the impact fee statutes that will streamline the adoption process and ensure that new development pays for the associated demand of new and expanded infrastructure Seek legislation that adds an economic presence standard, including reasonable thresholds in dollar amount and number of transactions, to address transaction privilege tax collection on remote sellers for all jurisdictions Add to the League's Federal Agenda support of federal legislation or rulemaking expanding the zone of permissible travel in Arizona for Mexican tourists that hold a border crossing card from the current 75 mile limitation to instead include the entire state Allow city/town elected officials to transfer campaign contributions to a statewide or legislative office. Allow cities and towns to use excess revenues from legacy volunteer fire department profit sharing plans to reduce unfunded liabilities in the Public Safety Personnel Retirement System (PSPRS). Encourage Arizona state legislators to establish a legislative committee to examine and explore resources for the Revolving Emergency Telecommunications Fund (9-1-1 funding). Amend statute to allow local regulation of short-term home rentals through a licensing, special permit, or registration system, at the local or state level, including placing limits on number of guests, location, and % of housing that can be used for short-term rentals Number BFED 1 BFED 2 BFED 3 GAHRE 1 GAHRE 2 GAHRE 3 NSQL 1 (Bugoq suoi;nIosam an6ea-i : SZLZ) 304oed suoi;nlosaa aouaJe: uoO an6eei 81.0Z :;uauayoe;;br Tucson a) Glendale a) Support the creation of a state workforce housing tax credit modeled after the successful federal Low -Income Housing Tax Credit (LIHTC) program Advocate for a state-wide non-discrimination policy that includes gender identity and sexual orientation Support legislation that promotes and strengthens the safety of children in school buildings located near airports while preserving airports' long-term viability and economic benefits to local communities Pursue all avenues for improving the relationship between cities/towns and the State Liquor Board, including having a city/town elected official or staff member, or a League representative, appointed to the Board Investigate and potentially support legislation permitting PSPRS members currently enrolled in the system to make a one-time irrevocable election to convert their account from the DB plan to the PSPRS DC plan. NSQL 2 NSQL 3 NSQL 4 PSMAC 1 League Staff 1 a) rzt 0 •3 0 • a.) cip at a> 0 • �-o 0 0 a, H 0 a) 0 a) 0 4- 0)a; 4- 0 • E O 0 cp O U s. •o 0 • a a~ 9.E.a Chair's Report of the Budget, Finance and Economic Development Policy Committee Mayor Daryl Seymore, Show Low Resolutions Committee Meeting, League Annual Conference On May 24, 2018, the Budget, Finance and Economic Development committee (BFED) convened to discuss one policy issue submitted by the City of Prescott. Below is a summary of the issue considered: 1. Development impact fees. Prescott (Policy Issue 1) Below is a summary of the committee discussion and recommendations: Phil Goode, councilman, City of Prescott, submitted Policy Issue 1 regarding impact fees. Councilman Goode explained the intent is to identify and provide solutions to challenges regarding implementing impact fee programs pursuant to SB 1525 (2011), particularly in smaller communities that are experiencing high rates of growth. The councilman further explained the result of SB1525 drastically changed how the City of Prescott and other communities levy impact fees; administrative burdens; infrastructure buildout timelines; and regulatory reporting requirements are a few examples of issues that have made it difficult to assess impact fees to allow growth to pay for growth. After committee discussion, a motion was made and unanimously approved to form a subcommittee to develop recommendations on changes to the impact fee statutes and report back at the next scheduled BFED committee. On June 21, 2018 the BFED convened again to discuss one policy issue submitted by the City of Flagstaff and was provided an update on an unassigned issue submitted by the City of Prescott at the May 24, 2018 meeting: 1. Border crossing cards. Flagstaff (Policy Issue 2) 2. Update on Impact fees. Prescott (Policy Issue 1) Below is a summary of the committee discussion and recommendations: Caleb Blaschke, assistant to the city manager, City of Flagstaff, presented the committee information regarding potential federal legislation to permit Mexican tourists with a border crossing card to travel the entire state rather than be limited to the current 75 mile travel limit for Arizona. As mentioned in the presentation, the intent is to allow Mexican tourists to travel to destinations beyond the City of Tucson and other cities and towns near the international border, within the 75-miles restriction, to bolster tourism in northern parts of the state, such as Phoenix, Flagstaff, and central and northern Arizona. Nathan Pryor, director of government relations, Maricopa Association of Governments, provided to the committee the background of federal administrative and legislative efforts to increase the border zone. Mr. Pryor explained the process and requirements for obtaining a border crossing Attachment: 2018 League Conference Resolutions Packet (2125 : League Resolutions Voting) Packet Pg. 144 9.E.a card and the I-94 requirements for tourists who wish to exceed the 75-mile restriction. In addition, Mr. Pryor referenced a University of Arizona study of the economic impact to the state from Mexican tourists and the projected increase of $181 million in new spending associated with the expansion of the border zone beyond 75 miles. Mayor Coral Evans, City of Flagstaff, expressed support for increasing the border zone beyond 75 miles and explained the importance of this issue for communities, like Flagstaff, where tourism is the main economic driver. The committee asked the policy issue be continued to the next scheduled meeting and requested staff to provide additional information. On July 12, 2018 the BFED committee convened to discuss and vote on the following policy issues: 1. Border crossing cards. Flagstaff (BFED 3) 2. Development Impact fees. Prescott (BFED 1) 3. Remote TPT Collection. Casa Grande (BFED 2) Below is a summary of the committee discussion and recommendations: Border crossing cards: Caleb Blaschke, assistant to the city manager, City of Flagstaff, updated the committee on the policy issue and answered the questions that were posed by committee members at the previous meeting. Mayor Coral Evans, City of Flagstaff, reiterated the benefits of increasing the border zone in the state to communities in northern Arizona and addressed the questions and concerns raised by committee members. After discussion, the committee voted, with one dissenting, to move the issue forward as a resolution to be considered at the annual conference. Development Impact fees: Phil Goode, councilman, City of Prescott, updated the committee on the intent of the policy issue submission, which is to support reforms to the impact fee statutes to reduce the regulatory burdens for all communities that levy impact fees. Tom Savage, League legislative associate, provided the explanation of the impact fee issue statement and suggested reforms that were developed by the Impact Fee Subcommittee. Joyce Clark, councilmember, City of Glendale, expressed concern about the risks of revisiting the issue after previous legislative attempts that nearly prohibited impact fees. Attachment: 2018 League Conference Resolutions Packet (2125 : League Resolutions Voting) 9 Packet Pg. 145 9.E.a The committee deliberated the necessity of a resolution allowing League Staff to start discussions with homebuilding industry stakeholders to see if there are reforms they could support and what modifications the industry will seek. After discussion, the committee debated the verbiage of the resolution and voted, with three dissenting votes, to move it forward for consideration at the annual conference. Remote TPT Collection: Mayor Craig McFarland, City of Casa Grande, explained the intent of the policy issue submittal is to discuss moving forward with a legislative proposal allowing local governments to enforce existing sales and use tax laws on online sales from sellers who do not have a physical presence in the state. Ken Strobeck, League executive director, briefly provided the committee details on the League's legal analysis of the South Dakota v. Wayfair, Inc. Supreme Court case. Lee Grafstrom, League tax policy analyst, provided explanation on the events following the Court's decision and the research of the Arizona Department of Revenue regarding how other states are addressing this issue. He suggested the role of the League moving forward should be to encourage the state legislature to enact a proposal establishing an economic presence standard with thresholds to clearly define when remote sellers need to remit state and local transaction privilege taxes. After discussion, the committee voted unanimously to move the issue forward for consideration at the annual conference. The table below summarizes the BFED Committee's actions: Policy Issue Disposition by Committee 1 Impact Fees Resolution BFED 1 2 Remote TPT Collection Resolution BFED 2 3 Border Crossing Card Extension Resolution BFED 3 Daryl Seymore Mayor of Show Low Chair, Budget, Finance and Economic Development Attachment: 2018 League Conference Resolutions Packet (2125 : League Resolutions Voting) 10 Packet Pg. 146 9.E.a BFED #1 League of Arizona Cities & Towns Resolution Pursue collaborative discussions with homebuilding industry stakeholders on potential modifications to the impact fee statutes that will streamline the adoption process and ensure that new development pays for the associated demand of new and expanded infrastructure. A. Purpose and Effect of Resolution As a result of SB 1525 in 2011 and the regulations it established, cities and towns have experienced some challenges implementing the complex regulatory requirements established by the legislation and maintaining the philosophy of impact fees: growth paying for itself rather than assessing existing residents who've already paid their proportionate share. Cities and towns do their best to project what type of development will occur in their communities and when infrastructure will be needed to service it; however, when development does not occur as projected, it increases the likelihood of taxpayers paying for the cost of growth to avoid refunding impact fees if the infrastructure is not built within the time frames established by the 2011 legislation. The requirements established by SB 1525 were written at a time when the housing industry was struggling, but the result is unduly burdening existing taxpayers instead. Today, with the housing market growth and demand increasing, it's time to review these requirements and explore modifications that will streamline the adoption process and add flexibility to ensure that new development pays for the associated demand of new and expanded infrastructure. B. Relevance to Municipal Policy There are 40 cities in the state that currently levy impact fees in at least one of the seven categories of necessary public services. As a result of changes to the impact fee statutes in the last 10 years, 15 cities and towns have discontinued levying impact fees due to the complex regulations established and the expense to comply. C. Fiscal Impact to Cities and Towns There is no estimate of the fiscal impact to cities and towns that levy impact fees. Ideally, any changes would result in the use of less taxpayer dollars to fund infrastructure that impact fees should be paying for. D. Fiscal Impact to the State There is no fiscal impact to the state. E. Contact Information: Sponsoring City or Town: Prescott Name: Phil Goode, Councilman Phone: (928) 777-1100 Email: phi1.goode(a Prescott-az.gov League Staff: Tom Savage Attachment: 2018 League Conference Resolutions Packet (2125 : League Resolutions Voting) 11 Packet Pg. 147 9.E.a BFED #2 League of Arizona Cities & Towns Resolution Seek legislation that adds an economic presence nexus standard based on reasonable thresholds for sales in dollars and number of transactions to address transaction privilege tax collection on remote sellers for all taxing jurisdictions. A. Purpose and Effect of Resolution The recent U.S. Supreme Court Decision in South Dakota v. Wayfair, Inc. overturned the outdated physical presence standard. This decision clears the way for the state and local governments to enforce existing transaction privilege tax imposition on remote sales. Recognizing the financial drain of a physical presence standard as retail activity shifted from brick -and -mortar stores to the Internet, South Dakota began requiring collection of sales tax by sellers with no physical presence in the state provided they met certain economic criteria. The law established statewide nexus for imposing tax based on "economic presence" if a seller made more than $100,000 in sales or 200 separate transactions in the state in a calendar year, The State of Arizona should enact a similar piece of legislation as soon as possible. To avoid litigation such legislation should mimic the South Dakota model, including reasonable thresholds for the minimum in sales dollars and transactions in a year before triggering tax liability; applying the new standard prospectively only with a reasonable delay prior to implementation; and a requirement that the State and local tax codes for the Retail classification must remain uniform for any transaction that can be conducted by a remote seller. B. Relevance to Municipal Policy TPT is the largest single component of local revenues. This revenue stream must be protected against continued erosion as retail sales shift to out-of-state sellers maintaining a market in Arizona with a built-in price advantage over local retailers because they don't collect the tax. It is also imperative that any legislation must protect the Model City Tax Code from misguided efforts to use the Wayfair decision to justify its wholesale elimination. C. Fiscal Impact to Cities and Towns Adopting an economic presence nexus standard will undoubtedly increase revenues for cities and towns through local TPT collections and increased shared revenues from State TPT collections. Any estimate of this increase should be conservatively calculated. Most of the largest online retailers are already paying the tax because they also have a physical presence. This will capture the few holdouts and mid -sized sellers, while providing relief allowing small sellers to grow. D. Fiscal Impact to the State Adopting an economic presence nexus standard will undoubtedly increase revenues for the State, however the same caution regarding how much of an increase to expect applies here as well. Attachment: 2018 League Conference Resolutions Packet (2125 : League Resolutions Voting) 12 Packet Pg. 148 9.E.a E. Contact Information: Sponsoring City or Town: Casa Grande Name: Craig McFarland, Mayor Phone: (520) 421-8600 Email: craigmcfarland(a casagrandeaz.gov League Staff: Lee Grafstrom Attachment: 2018 League Conference Resolutions Packet (2125 : League Resolutions Voting) 13 Packet Pg. 149 9.E.a BFED #3 League of Arizona Cities & Towns Resolution Add to the League's Federal Agenda support of federal legislation or rulemaking expanding the zone of permissible travel in Arizona for Mexican tourists that hold a border crossing card from the current 75 mile limitation to instead include the entire state. A. Purpose and Effect of Resolution Border Crossing Cards (BCC) authorizes the holder to cross the U.S.-Mexico border to visit the U.S. for business or pleasure for no more than 30 days and within certain areas depending on the state of travel. Applicants for a BCC must apply and be vetted at a U.S. consulate in Mexico in order to be eligible. Currently, the zone of permissible travel is limited to 25 miles beyond the border of California; up to 55 miles in New Mexico; and up to 75 miles from selected ports in Arizona. Mexican tourists wishing to travel beyond these distances or stay longer than 30 days must request an I-94 at the U.S. port of entry from the Customs and Border Protection and pay a fee. The current 75 mile zone in Arizona, which was increased from 25 miles in 1999, only allows Mexican tourists to travel as far north as the City of Tucson. There is a proposal being developed and is supported by various organizations, including chambers of commerce and planning organizations in Arizona, to increase the zone of permissible travel from the current 75 mile limitation to the entire state, allowing Mexican tourists to travel seamlessly to places like Flagstaff and Phoenix. B. Relevance to Municipal Policy Tourism is a major economic driver for many communities in Arizona and increasing the border zone may positively impact the economics of cities and towns beyond the current zone. C. Fiscal Impact to Cities and Towns (See below) D. Fiscal Impact to the State A 2015 study conducted by the University of ArizonaW projected up to $181 million in new spending; bringing the total projected spending by Mexican tourists to Arizona to nearly $3.1 billion and a total jobs impact of 31,766. J 11 Charney, Alberta, and Alan Hoogasian. Extending the Border Zone to the Entire State of Arizona: Estimated Expenditures and Economic Impact Simulations, 2013-2016. E. Contact Information: Sponsoring City or Town: Flagstaff Name: Coral Evans, Mayor Phone: (928) 213-2015 Email: cevansgflagstaffaz.gov League Staff: Tom Savage Attachment: 2018 League Conference Resolutions Packet (2125 : League Resolutions Voting) 14 Packet Pg. 150 9.E.a Chair's Report of the General Administration, Human Resources and Elections Committee Mayor Lana Mook, El Mirage Resolutions Committee Meeting, League Annual Conference Tuesday, August 21, 2018 On June 21, 2018 and July 21, 2018, General Administration, Human Resources and Elections Committee (GAHRE) convened to discuss three policy issues submitted by the cities of, Maricopa c and San Luis as well as the Town of Florence. Below is a summary of the issue considered by GAHRE: y c 0 1. Allow city/town elected officials to transfer campaign contributions to a statewide or legislative office. Maricopa (Policy Issue 1) IT) 2. Allow cities and towns to use excess revenues from legacy volunteer fire department ce profit sharing plans to reduce unfunded liabilities in the Public Safety Personnel a) Retirement System (PSPRS). Florence (Policy Issue 2) a 3. Encourage Arizona state legislators to establish a legislative committee to examine and ..i explore resources for the Revolving Emergency Telecommunications Fund (9-1-1 N funding). (Policy Issue 3) 11 Below is a summary of the committee discussion and recommendations: o a The City of Maricopa submitted Policy Issue 1. This issue was adopted as a resolution by the o League Resolutions Committee last year. Legislation was introduced which passed the Senate but a died in the House in the waning days of the session. Mayor Christian Price explained that current y state statute, recently amended by the state legislature, allows surplus campaign contributions to re be transferred to a campaign for statewide office by any elected official; with the lone exception of c.) city and town elected officials. Excluding mayors and councilmembers from using campaign contributions to seek statewide office is a clear equity issue that really has no justification. c 0 U The committee once again agreed that this is an issue that needs to be rectified by a change to state 3 law and recommended that this policy issue be designated as a proposed resolution to be R considered by the Resolutions Committee at the League Annual Conference. There was a 00 unanimous vote by the committee to forward this policy issue as a resolution to the Resolutions o Committee at the League Annual Conference. N r c The Town of Florence proposed Policy Issue 2 that would allow cities and towns to use excess s funds from legacy volunteer fire department profit sharing plans to reduce unfunded liabilities in the Public Safety Personnel Retirement System (PSPRS). Scott Barber, HR Director for the Town a of Florence explained that like many Arizona communities, the Town once had a fully volunteer fire department to provide fire protection service to its citizens. Over time the approach evolved to having a department which includes both full-time (career) firefighters and part-timers to help maintain minimum staffing levels. One legacy from the fully volunteer days is the Florence Fire Department Profit Sharing Plan, a retirement vehicle which the town continues to use as a benefit for part-time employees in the department. Part-timers contribute a percentage of their compensation which is matched by the Town. For many years the vesting schedule for the Plan 15 Packet Pg. 151 9.E.a was 5 years. Therefore, part-time employees who left the department or who were hired as full- timers did not receive the employer's matching funds when they terminated Plan membership. This resulted in the Plan "forfeiture account" growing until it reached its current balance of $190,000. The Plan forfeiture account is used to pay Plan expenses and also the Town's matching contributions for Plan participants, but the forfeiture account cannot be used for any other purpose. The committee asked for information related to whether this change would require legislation or if it could be done under the guidelines set up by the profit sharing plan. Tim Stratton, a tax attorney from Gust Rosenfeld gave his opinion to the committee that such a change would require legislation based on an old attorney general opinion as well as the fact that fire districts recently were successful getting legislation passed doing the same thing. There was a unanimous vote by the committee to forward this policy issue as a resolution to the Resolutions Committee at the League Annual Conference. The City of Yuma proposed Policy Issue 3. It proposes to establish a legislative committee to examine and explore resources for the Revolving Emergency Telecommunications Fund (9-1-1 funding). The 9-1-1 funding model established in 2001 for telecommunication excise tax had automatic reductions written in the legislation. It scheduled a drop in the monthly fee from 37 cents to 28 cents and ultimately decreased it to 20 cents a month by 2007. This is a 46% decrease in the monthly fee between 2001 and 2007 and, although technology has and is changing dramatically, the monthly fee remains at 20 cents in was formulated prior to the proliferation of smart phone mobile technology. Approximately 53 million dollars have been swept from the state's 9-1-1 funding source (Revolving Emergency Telecommunications Fund) since 2003. Approximately 18 million dollars is now collected annually and distributed to the 9-1-1 systems throughout the state. The annual collection has fallen short of the 9-1-1 system and public safety requirements and requests. The 9-1-1 funding is inadequate and the 9-1-1 systems, especially in rural areas of the state, are suffering. The committee discussed the issue and recommended that this policy issue be designated as a proposed resolution to be considered by the Resolutions Committee. The table below summarizes the GAHRE Committee's actions: Policy Issue Disposition by Committee 1 Campaign Funds Transfer Resolution GAHRE 1 2 Volunteer Firefighter Excess Funds Resolution GAHRE 2 3 9-1-1 Funding Legislative Committee Resolution GAHRE 3 Lana Mook Mayor of El Mirage Chair, General Administration, Human Resources and Elections Committee Attachment: 2018 League Conference Resolutions Packet (2125 : League Resolutions Voting) 16 Packet Pg. 152 9.E.a GAHRE#1 League of Arizona Cities & Towns Resolution Allow city/town elected officials to transfer campaign contributions to a statewide or legislative office. A. Purpose and Effect of Resolution The inability for local officials to transfer contributions to a statewide or legislative office is a3 simply not equal treatment. This change would encourage more local elected officials to run for statewide office. j u) B. Relevance to Municipal Policy 0 City and town elected officials, because of their experience, should be encouraged to run for statewide or legislative office. It is not reasonable to exclude them from using contributions in this way. co CO -J C. Fiscal Impact to Cities and Towns .. No fiscal impact to cities and towns. r D. Fiscal Impact to the State Y No fiscal impact to the state. a E. Contact Information Sponsoring City or Town: City of Maricopa cc Name: Dale Wiebusch, Intergovernmental Affairs Director Phone: 602-549-3696 Email: dale.wiebusch(wmaricopa-az.gov League Staff: Tom Belshe c O v w d J CO 0 N r c G1 E . t1 l6 r r+ 17 Packet Pg. 153 9.E.a GAHRE#2 League of Arizona Cities & Towns Resolution Allow cities and towns to use excess funds from a volunteer fire department profit sharing plan to pay down unfunded liability in the Public Safety Personnel Retirement System (PSPRS). A. Purpose and Effect of Resolution Several Arizona communities at one time had fully volunteer fire departments to provide fire protection service to its citizens. Over time the approach evolved into having a department which includes both full-time (career) firefighters and part-timers to help maintain minimum staffing > levels at our One legacy from the fully volunteer days is that these volunteer departments offered "profit-sharing plans", a retirement vehicle which continue to be used as a benefit for part-time employees in the departments. Part-timers contribute a percentage of their compensation which is matched by the city or town. For many years the vesting schedule was 5 years. Therefore, part- time employees who left the departments or who were hired as full-timers did not receive the employer's matching funds when they terminated plan membership. This resulted in excess funds ca growing in the accounts. These forfeited, excess funds cannot be used for any other purpose. Cities and towns would like to see legislation drafted to allow the use of excess part-time pension N funds to apply towards liabilities under PSPRS. r B. Relevance to Municipal Policy Y 03 Cities and towns are desperately looking for ways to reduce the very significant burden of PSPRS a unfunded liability. C. Fiscal Impact to Cities and Towns Decreasing unfunded liability in the PSPRS will have a positive impact to municipal budgets. reCD D. Fiscal Impact to the State No fiscal impact to the state. v d E. Contact Information Sponsoring City or Town: Town of Florence w Name: Scott Barber, HR Director Phone: 520-868-7545 Email: scott.barbergflorenceaz.gov League Staff: Tom Belshe 18 Packet Pg. 154 9.E.a GAHRE#3 League of Arizona Cities & Towns Resolution Encourage Arizona state legislators to establish a legislative committee to examine and explore resources for the Revolving Emergency Telecommunications Fund (9-1-1 funding). A. Purpose and Effect of Resolution The 9-1-1 funding model established in 2001 for telecommunication excise tax (9-1-1 tax) had a) automatic reductions written in the legislation. It scheduled a drop in the monthly fee from 37 r o cents to 28 cents and ultimately decreased it to 20 cents a month by 2007. This is a 46% decrease > in the monthly fee between 2001 and 2007 and, although technology has and is changing c dramatically, the monthly fee remains at 20 cents in was formulated prior to the proliferation of 7. smart phone mobile technology. c N a) cc Approximately 53 million dollars have been swept from the state's 9-1-1 funding source a (Revolving Emergency Telecommunications Fund) since 2003. Approximately 18 million dollars is now collected annually and distributed to the 9-1-1 systems throughout the state. The annual � collection has fallen short of the 9-1-1 system and public safety requirements and requests. N r N Consequences of 9-1-1 system funding shortfalls: • Significant delay in replacing aging 9-1-1 equipment. • Inability to fund additional 9-1-1 equipment needed to match 9-1-1 call volume increases. • No funding available for new PSAPS (City of Maricopa, Mesa Fire, Somerton PD, etc.). • Statewide Wireless 9-1-1 Phase II (X/Y location) access is not available due to lack of funds to compensate wireless carriers. A legislative study group would allow elected members to look at the 9-1-1 needs for the entire state, not just a single region or community. The findings will be submitted in a report along with any recommendations from the proposed group. a> B. Relevance to Municipal Policy 03 0 The health, safety and welfare of our citizens is paramount to elected officials. We need to explore how to assure adequate funding for a 9-1-1 system that will serve the needs of citizens in all areas of the state. 2 C. Fiscal Impact to Cities and Towns No fiscal impact to cities and towns. D. Fiscal Impact to the State No fiscal impact to the state. 19 Packet Pg. 155 9.E.a E. Contact Information Sponsoring City or Town: City of Yuma Name: Rodney Short, Assistant City Attoney Phone: (928) 373-5050 Email: rodney.short(aNumaaz.gov League Staff: Tom Belshe Attachment: 2018 League Conference Resolutions Packet (2125 : League Resolutions Voting) 20 Packet Pg. 156 9.E.a Chair's Report of the Neighborhoods, Sustainability, and Quality of Life Policy Committee Mayor Linda Kavanagh, Chair Resolutions Committee Meeting, League Annual Conference Tuesday, August 21, 2018 On June 12 and July 12, 2018, the Neighborhoods, Sustainability, and Quality of Life Policy Committee (NSQL) convened to discuss six policy issues submitted by committee members for consideration. Below is a summary of the policy issues considered by NSQL: 1. Advocate for local regulation of short-term rentals. — Fountain Hills (Policy Issue 1) 2. Advocate for an open space preservation/scientific and cultural facilities special district. — Gilbert (Policy Issue 2) 3. Advocate for a state workforce housing tax credit modeled after the federal Low - Income Housing Tax Credit (LIHTC) program. — Tucson (Policy Issue 3) 4. Advocate for a state-wide non-discrimination policy that includes gender identity and sexual orientation. — Mesa (Policy Issue 4) 5. Work with the Arizona Department of Health Services to expedite their rulemaking process for the sober living home licensing system. — Mesa (Policy Issue 5) 6. Advocate for legislation to protect airport operations from encroachment. - Mesa (Policy Issue 6) Below is a summary of the committee discussion and the recommendations: The Town of Fountain Hills submitted Policy Issue 1 for consideration at the June 12 meeting. In preparation for the meeting, input on short-term home rental problems and proposed solutions were requested by League staff by email and then summarized. At the June 12 meeting this information was presented by staff and the committee then discussed various examples of the negative consequences that short-term home rentals have had in Arizona and other states and various policy approaches that could be used to address these issues. The committee agreed on a list of provisions that should be included in legislation for next session. This information was reviewed at the July 12 meeting, at which time the committee added several more proposed provisions and voted to move the proposal forward for consideration at the Annual Conference. The Town of Gilbert submitted Policy Issue 2 for consideration at the June 12 meeting. At the meeting Councilman Anderson (Gilbert) presented information about Denver's Scientific and Cultural Facilities District, a special taxing district that funds several parks and science/cultural facilities in the region. During the discussion questions arose about the funding structure and League staff was asked to do follow-up research on Denver's special district as well as Arizona's existing statutes for special districts. This information was reviewed at the July 12 meeting, at which time the committee decided to hold the proposal for further study. The City of Tucson submitted Policy Issue 3 for consideration at the July 12 meeting. At the meeting Mayor Rothschild (Tucson) presented information about Arizona's use of the federal Low -Income Housing Tax Credit as well as supplemental state -level housing credits that have Attachment: 2018 League Conference Resolutions Packet (2125 : League Resolutions Voting) 21 Packet Pg. 157 9.E.a been successful in other states. After hearing the proposal the committee voted to move it forward for consideration at the Annual Conference. The City of Mesa submitted Policy Issue 4 for consideration at the July 12 meeting. At the meeting Councilman Heredia (Mesa) presented information about the negative economic impact of not having a state-wide non-discrimination policy that includes gender identity and sexual orientation. The committee discussed the importance of addressing this issue as well as their local ordinances on the subject. One member noted that communities currently have the ability to address the issue locally and that it should remain an issue of local concern. The committee then voted to move the proposal forward for consideration at the Annual Conference. The City of Mesa submitted Policy Issue 5 for consideration at the July 12 meeting. At the meeting Councilman Heredia (Mesa) presented information about last year's successful resolution to address unregulated sober living homes through state legislation and the need for the Arizona Department of Health Services to complete their rulemaking process as expeditiously as possible. After hearing the proposal the committee voted to authorize the League to work directly with ADHS to speed up the rulemaking process. Because legislation is not necessary the proposal did not need to be forwarded to the Resolutions Committee. The City of Mesa submitted Policy Issue 6 for consideration at the July 12 meeting. At the meeting Councilman Heredia (Mesa) presented information about the conflict between airport operations and the siting of schools nearby, as well as a bill from last session that was attempting to address this issue but that did not make it through the legislative process. After discussing the need for legislation on this issue the committee voted to move the proposal forward for consideration at the Annual Conference. NOTE: Mayor Moriarty of Sedona chaired the July 12 meeting. The table below summarizes the NSQL Committee's actions: Policy Issue Disposition by Committee 1 Short Term Rental Regulation Resolution NSQL 1 2 Special District for Scientific & Cultural Facilities Held for further study 3 State Low -Income Housing Tax Credit Resolution NSQL 2 4 Anti -Discrimination Law Resolution NSQL 3 5 Rulemaking for ADHS on Sober Living Homes Approved by NSQL, no resolution needed 6 Zoning for schools near airports Resolution NSQL 4 Linda Kavanagh Mayor of Fountain Hills Chair, Neighborhoods, Sustainability, and Quality of Life Policy Committee Attachment: 2018 League Conference Resolutions Packet (2125 : League Resolutions Voting) 22 Packet Pg. 158 9.E.a NSQL #1 League of Arizona Cities & Towns Resolution Amend statute to allow local regulation of short-term home rentals. A. Purpose and Effect of Resolution Short-term rentals are meant to help homeowners generate extra income and allow travelers to enjoy the comforts of a residential home when travelling. Short-term rentals have become very popular and economically significant but have also led to unintended consequences for neighborhoods. Most of the issues stem from the renter taking advantage of the benefits of a residential home/area without having any of the accountability/responsibility of being a long-term renter or owner, as well as the homeowner being absent or unable or unwilling to address complaints from neighbors. This includes things such as: • Increased traffic in neighborhoods and other areas of city/town • Noise violations that do not get resolved with calls for service • Large parties that congest the street and are loud and disruptive • Neighbors have no recourse for resolving issues other than calling police/city • Short-term renters that create public safety hazards when not familiar with the area • Allowing too many in one area can change the residential character of neighborhoods • Increased home prices/loss of housing stock for full-time residents as investors buy homes • Reduced availability/increased prices of long-term rental options • Lack of tax remittance • Negative impact to the economy of communities that depend on hotels and motels • Treated differently than hotels, motels and B&B's (business equity, safety inspections) • Treated differently than long-term rentals (deposits, lease, other rules/accountability) • Treated differently than other home -based businesses (registration, permitting) Allowing for local or state regulation of short-term rentals would address these issues by requiring that the homeowner be legally responsible. This could be accomplished by: • Creating a distinction between "shared" homes and short-term rentals of entire residences • Requiring a license or special use permit that can be revoked after multiple violations • Requiring contact information be registered with the city, county or state • Making the property owner legally responsible for all violations and fines • Placing a cap on the number of guests that can stay in a short-term rental • Limiting short-term home rentals to a primary or secondary homes (i.e. no investors) • Addressing homes that are being converted into "boarding houses", homes with separate guesthouses, and short-term rentals in multi -family housing • Establishing a cap on # of homes or % of housing that can be used for short-term rentals and/or establishing distance requirements to avoid clustering B. Relevance to Municipal Policy a 0 0 a 0 a) a a) m J N Csi c.▪ ) co a 0, 0 4S 7 0 y a1 a) c) 0 U d as a) -J ao 0 N c a) E c) Q 23 Packet Pg. 159 9.E.a Protecting the local housing stock as well as the residential character of neighborhoods is a municipal responsibility. C. Fiscal Impact to Cities and Towns There may be an administrative cost associated with regulating short-term rentals locally. D. Fiscal Impact to the State There may be an administrative cost to the state if regulation is pursued at the state -level. E. Contact Information Sponsor City/Town: Town of Fountain Hills Name: Linda Kavanagh Phone: 480-816-5107 Email: lkavanagh(fh.az.gov League Staff: Alex Vidal a) 0 c 0 r 0 N a) a) a as as d J cA N N a) Y t1 a3 0. N 0 a O a) d c 0 V d a) t6 a) J co 0 N 4.; c d E V l6 r 24 Packet Pg. 160 9.E.a NSQL #2 League of Arizona Cities & Towns Resolution Support the creation of a state workforce housing tax credit modeled after the successful federal Low -Income Housing Tax Credit (LIHTC) program. A. Purpose and Effect of Resolution Across the state of Arizona, families and individuals are facing a housing affordability crisis. In Tucson alone, more than 18,000 families are on the waiting list for Section 8 Housing Choice vouchers, and we cannot accept any new applications. According to Sally Stang, Tucson's Housing and Community Development Director, Tucson needs more than 60,000 affordable units to meet the needs of our citizens. We are not alone in this housing crisis: throughout Arizona, we are short 159,999 affordable rental homes that are needed to meet demand for existing families. According to data from the National Low -Income Housing Coalition, in Arizona 75% of extremely low-income renter households suffer severe cost burden, spending more than half their monthly income on housing. Families must then make hard choices about paying bills, getting necessary medical care, or buying groceries. There are few tools to incentivize affordable housing development but the ones that remain in place remain because they are sound policy. The most successful tool is the federal Low -Income Housing Tax Credit (LIHTC) program, which was created during the Reagan administration. This 32 year old program awards federal tax credits to developers who build or rehabilitate high -quality units leasing them to low income tenants at below market rents. The LIHTC credits are awarded annually through a highly competitive process administered by the Arizona Department of Housing (ADOH). Like the federal Low -Income Housing Tax Credit (LIHTC), a state credit would support the development of a wide range of affordable housing projects for those that have limited income in rural and urban areas, in some cases with non -profits providing supportive services. This tax credit would help those who most need it, as determined by the Arizona Department of Housing (ADOH). A state credit would incentivize development which benefits our constituents in several ways: stabilizing families and reducing our homeless population; bringing in additional revenue to the city in the form of construction materials and taxes; and new jobs for construction, operation, and maintenance of new developments. There are more than 15 states that already have a state low income housing tax credit including Utah, New Mexico, California, Oklahoma, Georgia, Nebraska and Wisconsin. In Colorado, where they have had a state affordable housing tax credit for 7 years, the outcomes have been dramatic. Analysis of that program during the three year period from 2015-2017 shows that over 4,000 housing units were directly supported through the tax credit. In addition to the new units, there has been $465 million in new private sector investment to support housing and Colorado has leveraged $33 million in previously untapped federal 4% LIHTC funding. Overall during this three year time period, there has been $1.6 billion in economic impact to the state of Colorado and over 19,000 jobs created because of the housing tax credit. 0 N 0 0 Ul w a) z a) J a N c r 0 a) d 0 U w a) J CO 0 N 4.i c d E r 25 Packet Pg. 161 9.E.a Arizona could benefit similarly. This is a proven and efficient tool that drives economic development, offers relief to rent -overburdened families and will help us to end homelessness in Arizona. B. Relevance to Municipal Policy Homelessness and transient populations result from a lack of affordable housing and can create expensive demands on our public safety, emergency services, criminal justice, healthcare and education systems. By working together to fill the affordable housing void we can reduce our costs through the stabilization of the individuals and families who need it most. C. Fiscal Impact to Cities and Towns There would be no fiscal impact to cities or towns. However, cities and towns will benefit from increased development activity in the form of increased TPT and economic outputs associated with the development, operation and maintenance of this new housing. D. Fiscal Impact to the State Fiscal impact to the state will be determined by the limit set on the tax credit in the sponsoring legislation. Based upon what has occurred in other states, this will be offset by greater economic activity in the form of construction TPT, income tax from jobs created and increased local tax revenues. E. Contact Information Sponsoring City/Town: City of Tucson Name: Andrew Greenhill Phone: 520-837-2109 Email: Andrew. Greenhill(wtucsonaz.gov League Staff: Alex Vidal Attachment: 2018 League Conference Resolutions Packet (2125 : League Resolutions Voting) 26 Packet Pg. 162 9.E.a NSQL #3 League of Arizona Cities & Towns Resolution Amend statute to protect from discrimination based on sexual orientation or gender identity. A. Purpose and Effect of Resolution Arizona must provide an environment that is welcoming and inclusive. Whether it is Fortune 500 companies that are looking to bring jobs to our state or the small businesses that are attempting to expand, nondiscrimination in the workplace is an issue of vital importance. Today, many of Arizona's neighbors have laws that prohibit discrimination based on sexual orientation or gender identity. If we want to live in cities and a state that remain economically competitive, attract the very best talent and are vibrant places to live, we must be open for business to everyone. Today, a baseline level of statewide nondiscrimination protections inclusive of sexual orientation and gender identity does not exist. While individual municipalities have the authority to create local ordinances unique to our individual cities and towns, we believe issues of nondiscrimination transcend borders and are a matter of statewide concern. We urge the Arizona State Legislature to adopt statewide non-discrimination protections that are inclusive of sexual orientation and gender identity. Not only is such an update the right thing to do, it would also aid economic development efforts for our cities and the State of Arizona. B. Relevance to Municipal Policy Arizona cities would be stronger together with a statewide update to our laws that applied to all municipalities equally. C. Fiscal Impact to Cities and Towns There is no anticipated fiscal impact to cities and towns. D. Fiscal Impact to the State There is no anticipated fiscal impact to the state. E. Contact Information Sponsoring City/Town: City of Mesa Name: Miranda DeWitt Phone: 480-644-5796 Email: Miranda.DeWitt(a!mesaaz.gov League Staff: Alex Vidal Attachment: 2018 League Conference Resolutions Packet (2125 : League Resolutions Voting) 27 Packet Pg. 163 9.E.a NSQL #4 League of Arizona Cities & Towns Resolution Support legislation that promotes and strengthens the safety of children in school buildings located near airports while preserving airports' long-term viability and economic benefits to local communities. A. Policy Issue Aviation in Arizona provides more than $58 Billion annually in economic activity. Arizona's airports are economic hubs for our cities and towns and it is crucial to protect them from encroachment which threatens their airspace and constrains their potential community benefits. In the City of Mesa, Phoenix -Mesa Gateway Airport's growth is an integral part of our local, state and international economy. The recent addition of Skybridge Arizona marks a new era in cross - border trade, growing our city and state economy and playing a vital role in international commerce. Skybridge Arizona will enable E-commerce companies, manufacturers and other commercial interests in North and South America to efficiently transport goods while ensuring safety controls. This project is expected to create thousands of direct jobs in our state and significantly increase Phoenix -Mesa Gateway Airport cargo flights. Such growth will inevitably foster future opportunities; thus, it is crucial for our cities and airports to continue to be great partners to support economic growth across our State. Other airports, large and small, throughout Arizona provide similar benefits to their local communities. Current state law provides exemptions for schools from local planning and zoning requirements and fails to provide adequate communication and collaboration between airports and schools when a new school is locating in an airport's vicinity. The lack of proper communication and coordination can result in negative unintended consequences for schools and airports, risking the safety and operations of all involved. Under current law, when a new school is planned within the airport traffic pattern airspace boundary, the school has no requirement to communicate their plans to the airport. This has resulted in the construction of a high -profile structure that has led to a reduction in airport's airspace and FAA fines incurred by the school. Although the construction occurred within the letter of the law, better communication and coordination amongst the school officials and the airport would have yielded a better result for all parties. Because school buildings are currently exempt from zoning requirements, adequate planning can be challenging. However minor changes thoughtfully planned can provide a lasting solution to this occasional but serious concern while protecting everyone's best interests. B. Purpose and Effect of Resolution The League of Cities and Towns has an important role in the legislative stakeholder process, where airports, City officials, school district and charter school representatives, and business community members can develop comprehensive legislation to protect public safety and lower our airports exposure to encroachment, possible air space loss and noise abatement concerns. Reaching and adopting compromise legislation that promotes better communication and coordination for school buildings near airports and/or restricts such construction/relocation in pertinent areas, is imperative to ensure that public safety and the airports' economic benefits are protected. rn 0 0 0 d a, J N a, Ca a N 0 0 0 d d w 0 U a, (a a, J co 0 N a+ a) E .c r a 28 Packet Pg. 164 9.E.a C. Fiscal Impact to Cities and Towns There is no anticipated fiscal impact to cities or towns. Failure to enact these protections could lead to constraints on airspace and substantial negative fiscal impacts. D. Fiscal Impact to the State There is no anticipated fiscal impact on the state General Fund associated with this legislation. E. Contact Information Sponsoring City/Town: City of Mesa Name: Miranda DeWitt Phone:480-644-5796 Email: Miranda.DeWitt(«mesaaz.gov League Staff: Alex Vidal rn w O > c 0 w 0 a) IX d rn J N N a▪ 1 C1 a 0 r O a1 O a1 a) c 0 U CD rn d J co 0 4- c a) E .c a7 f+ 29 Packet Pg. 165 9.E.a J Chair's Report of the Public Safety, Military Affairs, and the Courts Policy Committee Mayor Jerry Weiers, Chair Resolutions Committee Meeting, League Annual Conference Tuesday, August 21, 2018 On May 15, 2018, the Public Safety, Military Affairs, and the Courts Policy Committee (PSMAC) convened to discuss one policy issues submitted by a committee member for consideration. Below c is a summary of the policy issue considered by PSMAC: o o r O y Below is a summary of the committee discussion and the recommendations: Ce a) a a) The City of Glendale submitted Policy Issue 1 for consideration at the May 15 meeting. In 0 preparation for that meeting League staff summarized the existing statutes that govern the State • • Liquor Board (Board) including designated qualifications for several of the seats as well as the N current members of the Board and their roles. At the meeting, the committee discussed various instances where the Board disregarded a recommendation for disapproval from the local governing Y body as well as other actions that the Board has taken that reflected a lack of awareness or concern ca for local input. The committee agreed that the League should pursue any and all avenues for a improving the relationship between cities/towns and the Board, up to and including having a o city/town elected official or staff member, or a League representative, appointed to the Board. c 0 co w Ce 1. Advocate for a city or League representative to be appointed to the State Liquor Board. Glendale (Policy Issue 1) The table below summarizes the NSQL Committee's actions: Policy Issue Disposition by Committee 1 League Representation on Liquor Board Resolution PSMAC 1 Jerry Weiers, Mayor of Glendale Chair, Public Safety, Military Affairs, and the Courts Policy Committee 30 Packet Pg. 166 I9.E.a I PSMAC #1 League of Arizona Cities & Towns Resolution Pursue all avenues for improving relations between cities/towns and the State Liquor Board, including having a city/Town official or staff member, or a League representative, appointed to the Board A. Purpose and Effect of Resolution m In Arizona, the State Liquor Board (Board) has the ultimate authority to approve or deny liquor license applications. Although city and town councils make recommendations on the applications, > the recommendations are non -binding and the Board can choose to override the local government's recommendation. 0 State statute currently includes specific criteria for three of the seven seats on the State Liquor re Board, two liquor industry representatives and one representative from a neighborhood association. State statute could be amended to specify that one of the remaining four seats be designated for either a member of a city or town council, a city or town employee, or a representative from the League. N B. Relevance to Municipal Policy Having a designated local government representative on the State Liquor Board will help to ensure that feedback from residents and the city or town council is properly considered and understood. It will also give the other members of the State Liquor Board the opportunity to hear a municipal perspective. Just as the industry has a designated seat at the table, the Board should also include someone representing the cities and towns where the licensees will be operating. y C. Fiscal Impact to Cities and Towns There is no anticipated fiscal impact to cities and towns. D. Fiscal Impact to the State There is no anticipated fiscal impact to the state General Fund. d E. Contact Information 0 Csi Sponsoring City or Town: City of Glendale Name: Jenna Goad Phone: 602-400-3795 .c Email: jgoad(a glendaleaz.gov League Staff: Alex Vidal 31 Packet Pg. 167 9.E.a Chair's Report of the Transportation, Infrastructure and Public Works Policy Committee Mayor Bob Rivera, Thatcher Resolutions Committee Meeting, League Annual Conference On July 11, 2018, the Transportation, Infrastructure and Public Works committee (TIPW) convened to discuss one policy issue submitted by the City of Casa Grande. Below is a summary of the issue considered: 1. I-10 widening project. Casa Grande (Policy Issue 1) Craig McFarland, mayor, City of Casa Grande, submitted Policy Issue 1 that would request the Arizona Department of Transportation (ADOT) add the I-10 Chandler -Casa Grande section widening project to the State's five-year transportation plan to begin the planning, design and construction phases of the project. Mayor McFarland explained the intent is also to request the League support the project moving forward and assist with the formation of a coalition consisting of government and private stakeholders to work with ADOT and the Gila River Indian Community (GRIC). Christian Price, mayor, City of Maricopa, explained the current barriers to the project moving forward include the pending agreement with the GRIC on acquiring right of way for one additional east and westbound lane and the availability of funding for the project. Mayor Price also explained that ADOT and the State Transportation Board cannot add the project to the five-year plan without funding. Bob Rivera, mayor, Town of Thatcher, provided support for the project and explained this corridor of I-10 is important to focus on due to the amount of travel and freight from southern Arizona and Mexico. After discussion of the issue, the committee determined that it will not move forward as a resolution since it is not a state legislative matter. The committee instead voted unanimously to request the League gather further data on the project and work with ADOT and other stakeholders to assist in moving the project forward. The committee voted to permit the League to work with ADOT and GRIC on this issue. The table below summarizes the BFED Committee's actions: Policy Issue Disposition by Committee 1 I-10 widening project League staff assigned to work with ADOT and Gila River Indian Community to encourage prudence in planning, funding, and widening I-10 Bob Rivera Mayor of Thatcher Chair, Transportation, Infrastructure and Public Works Attachment: 2018 League Conference Resolutions Packet (2125 : League Resolutions Voting) 32 Packet Pg. 168 9.E.a Report from the League Executive Director on Staff -Developed Resolutions Ken Strobeck, Executive Director Resolutions Committee Meeting, League Annual Conference Tuesday, August 21, 2018 After the completion of the Policy Committee meetings, League staff met to determine whether there were policy issues that had not been proposed through the Policy Committee process. Staff believes the following proposed resolution should be considered by the Resolutions Committee at the Annual Conference. 1. Perform research on IRS tax law regarding the possibility for police and fire employees currently participating in PSPRS to irrevocably opt out of the Defined Benefit plan and into the Defined Contribution plan. Depending on the outcome of that research, the League could develop legislation for introduction in the 2019 Legislative Session that establishes this option. — League Staff (Policy Issue 1) 33 Attachment: 2018 League Conference Resolutions Packet (2125 : League Resolutions Voting) Packet Pg. 169 9.E.a League Staff #1 League of Arizona Cities & Towns Resolution Research and pursue potential legislative approaches during the 2019 Legislative Session to permit Tier 1 and Tier 2 members of the Public Safety Personnel Retirement System (PSPRS) to make an irrevocable election to join the PSPRS Defined Contribution Plan established by Laws 2016, Chapter 2. A. Purpose and Effect of Resolution Laws 2016, Chapter 2 (SB1428) established a Tier 3 of pension participation and benefits for PSPRS members hired on or after July 1, 2017. In addition to establishing Tier 3 for the Defined Benefit (DB) plan, legislation also established a Defined Contribution (DC) plan for new employees hired on or after July 1, 2017. Upon employment a new employee now has the option to participate in either the DB or DC plan and, absent an election, will default into the DB plan. A DB plan is an annuity in which the employer inherits the investment risk of the plan and failure to meet assumed rates of return resulting in unfunded liabilities to the employer plan. A DC plan is similar to a 401(k) in that the investment risk is inherited by the employee and, upon retirement, the employee can withdraw funds in a lump sum or annuitize their benefits. There are no unfunded liabilities in a DC plan. Tier 1 and 2 members must meet certain periods of service requirements between 15 and 20 years in order to become eligible for retirement benefits. However, many police and fire personnel are hired in Arizona as their second career following service in the military, service in police or fire employment in another state, or in other career paths. During the Pension Ad Hoc Committee established by the Arizona House of Representatives, the committee heard testimony from police and fire personnel indicating they wished they had the opportunity to join a DC plan and not be bound by the years of service requirement for Tiers 1 and 2. Current liabilities in the PSPRS Fund, as of 06/30/2017, amount to $15,578,700,116 with a total of 33,522 active, inactive, retired, disabled, and survivor members. Although liabilities vary by individual, the average per -member liability totals $464,730. By permitting police and fire personnel to make an irrevocable election to join the PSPRS DC plan two outcomes will result: 1) for each member that joins the DC plan, the employer's plan liabilities will diminish and 2) it provides employees a voluntary election they do not currently have to participate in a plan that may more adequately suit their situation. B. Relevance to Municipal Policy Title 38, Chapter 5, Article 4 established PSPRS and its corresponding construct, including membership. Of the 233 separate employer plans in PSPRS, 122 of the plans are municipal police and fire plans. Potential alleviation of employer liabilities by permitting Tier 1 and 2 employees to join the DC plan would permit municipalities to utilize those funds in a different way. C. Fiscal Impact to Cities and Towns While the fiscal impact is unknown because it is contingent upon each individual election, each individual transitioning from the DB to DC plan will save hundreds of thousands of dollars. Attachment: 2018 League Conference Resolutions Packet (2125 : League Resolutions Voting) 34 Packet Pg. 170 9.E.a D. Fiscal Impact to the State The State of Arizona has within its purview the Department of Public Safety (DPS) which has 1,059 employees and $819,253,340 in unfunded liabilities. While there will be benefits to the state, the exact amount is unknown for the reasons listed above relating to cities and towns. E. Contact Information Sponsoring City or Town: League of Arizona Cities and Towns League Staff: Nick Ponder Phone: 602-258-5786 Email: nponder(a,azleague.org Attachment: 2018 League Conference Resolutions Packet (2125 : League Resolutions Voting) 35 Packet Pg. 171 9.F ('P1'Vor' ��Iti' ES( ()TT Ll'etukAl; r f llent‘ 6,1v1 MEETING DATE/TYPE: DEPARTMENT: Airport COUNCIL AGENDA MEMO VOTING MEETING 8-14-18 AGENDA ITEM: Approval of a three-year contract with Dibble Engineering for Airport general architecture and engineering services for the Prescott Municipal Airport, with options for two (1) year extensions. Has no immediate financial impact as individual Authorization for Services will submitted for approval to Airport Staff prior to a project being initiated, and be brought before City Council for approval as required, in accordance with the City Procurement Code. FUNDING SOURCE: Airport Fund Approved By: Michael Lamar, City Manager Item Summary This is a request to enter into a three-year contract (City Contract No. 2019-069) with two one-year optional extensions, for Dibble Engineering to provide general design and engineering services at the Airport. This Professional Service Agreement will include architectural and engineering services on an "as -needed" basis relating to airport capital projects spanning FY 2019-2023 that have been, or will be, identified as necessary for the Airport to meet the current and future regional air transportation needs of the citizens and community. Background Approximately every three years, the Airport advertises for and selects a firm to provide engineering services at the airport. This on -call three-year, multi -project agreement approach is beneficial to the City of Prescott in ensuring continuity in the design of future projects by a single firm, familiar with the Airport and Federal Aviation Administration (FAA) and industry standards. Additionally, the engineering firm will assist staff with the management of the annual FAA and ADOT Capital Improvement Planning process, grant administration, and on -site construction management. Approval of this contract does not automatically obligate the City to any of the projects listed in the contract document. Council will have the opportunity to review and approve each major project during the annual budget process and upon grant acceptance. As funding becomes available from various sources (FAA and ADOT grants), staff will negotiate a project -specific Authorization for Services contract for project design and/or management. Packet Pg. 172 9.F AGENDA ITEM: Approval of a three-year contract with Dibble Engineering for Airport general architecture and engineering services for the Prescott Municipal Airport, with options for two (1) year extensions. Has no immediate financial impact as individual Authorization for Services will submitted for approval to Airport Staff prior to a project being initiated, and be brought before City Council for approval as required, in accordance with the City Procurement Code. For this selection, the City published a Request for Statements of Qualifications (RSOQ) in accordance with FAA procurement methods in May of 2018. While we had a well attended pre -submittal conference on June 07, 2018, only one submittal was received and opened on June 21, 2018 in response to the RSOQ. As per the RSOQ instructions, firms were reviewed based on qualifications which included the following: a) Demonstrated success in Airport design and construction including the preparation of grant documents within the FAA's Western -Pacific Region. b) Recent experience in permitting, bid preparation and bid analysis support of airport development and/or planning projects comparable to the proposed project. c) Experience of key personnel and availability of individuals for these projects. d) Knowledge of applicable FAA regulations, policies, and procedures. e) Recent experience with public information and community involvement programs and/or public hearings related to airport development and planning projects. f) Reputation for personal and professional integrity and competence. g) Current workload and ability to meet project schedules or deadlines. h) Evidence that the consultant has made good faith efforts in meeting Disadvantaged Business Enterprise (DBE) goals (49 CFR, § 26.53). Dibble Engineering has extensive experience with airport projects since 1962, and with the City of Prescott for more than a decade. Accordingly, Dibble was determined by Airport staff to be the best qualified firm. Dibble has conducted work at range of airports across the state including: Phoenix -Mesa Gateway, Mesa Falcon Field, Tucson International Airport, San Manuel Airport, Chandler Municipal, and Glendale Municipal Airport. They have an excellent record of cooperation with the Airport sponsor, and successful track record of timely and quality completion of projects. They also have an excellent relationship with FAA and ADOT grant managers. Additionally, Dibble has contracted with several local Prescott firms as sub -consultants for the various aspects of the projects listed in the RSOQ. These firms include: a) Civiltec Engineering, Inc.; b) Michael Taylor Architects, Inc. c) Engineering & Testing Consultants, Inc. Financial Impact This contract has no immediate financial impact as individual Authorization for Services will submitted for approval to Airport Staff prior to a project being initiated, and be brought before City Council for approval as required, in accordance with the City Procurement Code. Attachments 1. Dibble Supplements for RSOQ#18AP002 2. SOQ for Airport Design & Engineering Services 2 Packet Pg. 173 9.F AGENDA ITEM: Approval of a three-year contract with Dibble Engineering for Airport general architecture and engineering services for the Prescott Municipal Airport, with options for two (1) year extensions. Has no immediate financial impact as individual Authorization for Services will submitted for approval to Airport Staff prior to a project being initiated, and be brought before City Council for approval as required, in accordance with the City Procurement Code. 3. Engineering Consultant Agreement with Dibble Engineering, City Contract No. 2019-069 Recommended Action: MOVE to approve a three-year Professional Services Agreement, City Contract No. 2019-069, for Dibble Engineering (with two one-year optional extensions) to provide general architectural and engineering services at the Airport on an "as -needed" basis for airport capital projects in FY 2019-2023. Packet Pg. 174 ACORDTU 9.F.a DATE (MMIDD/YYYV) 3/15/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. Client#: 53946 DIBBASSOC CERTIFICATE OF LIABILITY INSURANCE IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must have ADDRIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER Greyling Ins. Brokerage/EPIC 3780 Mansell Rd. Suite 370 Alpharetta, GA 30022 INSURED Dibble & Associates Consulting 7878 N. 16th St., Ste. 300 Phoenix, AZ 85020 COVERAGES CERTIFICATE NUMBER: 17- CONTACT Trudy nenry PHONE 770.552.4225 I (A/C. No Ext): EMAIL +rudy.henry@greyling.com ADDRESS: Y ry@greyling.com FAX IA/C. No INSURER(S) AFFORDING COVERAGE INSURER A : Prop.rty a C.su.lty Ins Co of Hartford INSURER 8 : 866.550.4082 Ts O 34690 a 0. NAIC K INSURER C: INSURER D INSURER E I INSURER F : THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADOLISUBR JNSR WVD POLICY NUMBER POLICY EFF (MM/DO/YYYY) POLICY EXP (MMIDO/YYYY) LIMITS COMMERCIAL GENERAL LIABILITY _EACH $ CLAIMS -MADE OCCUR �S (EOCCURRENCE PRAEMISEa occurrence} $ MED EXP (Any one person) 5 PERSONAL. & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: PRO - I JECT 7 LOC GENERAL AGGREGATE 5 PRODUCTS - COMP/OP AGG $ $ AUTOMOBILE _ UABIUTY 1-1 SCHEDULED AUTOS NON -OWNED I i AUTOS ONLY COMBINED SINGLE LIMIT (Ea accident) S BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ UMBRELLA LIAR EXCESS LIAB O OCCUR CLAIMS -MADE ( EACH OCCURRENCE $ AGGREGATE $ DED RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVEr— OFF10ER/MEMBER EXCLUDED? NI (Mandatory In NH) '—' It yes, describe under DESCRIPTION OF OPERATIONS below N / A 84WBGCB5943 11/01/2017 11/01/2018 X iSTATUTE ERH E.L. EACH ACCIDENT 51,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 E.L. DISEASE - POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORO 101, Additional Remarks Schedule, may be attached if more apace is required) Re: Prescott Municipal Airport Design and Engineering Services RSOQ#18AP002 CERTIFICATE HOLDER CANCELLATION City of Prescott and Prescott Municipal Airport Director 6546 Crystal Lane Prescott, AZ 86301 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE E ._ 2/t Packet Pg. 179 9.F.a ((r H ester %/ Fieitei Always here. Always helping. June 15, 2018 Jessie R. Baker Airport Manager Prescott Municipal Airport - 6546 Crystal Lane Prescott, AZ 86301 RE: City of Prescott Municipal Airport Engineering services RSOQ g18AP002 Dear Ms. Baker, n reference to the above contract. please be advised that the limits required for the Commercial General Liability and Business Automobile Liability coverage will be met as required by the C 'i of Prescott. K'IIy Antrim, Account Manager for John C. Heitel, Account Executive Attachment: Dibble Supplements for RSOQ#18AP002 (2126 : Dibble Engineering Contract Approval) Packet Pg. 175 9.F.a ACORO® �� CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/YYYY) 6/12/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In IIeu of such endorsement(s). PRODUCER Heitel & Associates, Inc 6122 N. 7th Street Phoenix AZ 85014 CONTACT 11y Antrim A/GNNo EaU: (602)230-7726 ( No): (602)230-7836 ADDEMAILRESS: kantrim®hesterheitel.com INSURER(S) AFFORDING COVERAGE NAIC A INsuRERA:Valley Forge Insurance Company 20508 INSURED Dibble & Associates Consulting Engineers, Inc DBA: Dibble Engineering Inc. 7878 N 16th Street Ste 300 Phoenix AZ 85020-4669 INSURER B :Nati Fire Co. of Hartford 20478 INSURERC: INSURER D :SAMPLE ONLY INSURERE: INSURER F: COVERAGES CERTIFICATE NUMBER:SAMPLE ONLY REVISION NUMBER: SAN PLE ONLY THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE IADDL INSD SUER WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MMIDOIYYYY) LIMITS X COMMERCIAL GENERAL LABILITY X Y 6021713775 11/1/2017 11/1/2018 EACH OCCURRENCE $ 2, 000, 000 DAMAGE TO RENTED PREMISES (Ea occurrence) $ 500,000 A . CLAIMS -MADE . X k OCCUR MED EXP (Any one person) 1$ 10,00E PERSONAL &ADV INJURY S 2,000,000 GENERAL AGGREGATE S 9,000,000 GN'L X `~ AGGREGATE LIMIT APPLIES PER: PRO POLICY X JECT I X 1 LOC OTHER: PRODUCTS - COMP/OP AGG S 9,000,00E S B AUTOMOBILE X 1 LIABIUTY ANY AUTO ALL OWNED SCHEDULED AUTOS NON -OWNED AUTOS x y 6045348049 11/1/2017 11/1/2018 COMBINED SINGLE LIMIT (Ea accident) $ 1, 000, 000 BODILY INJURY (Per person) S BODILY INJURY (Per accident) S PROPERTY DAMAGE (Per accident) S S A X UMBRELLA LIAB EXCESS LAB X OCCUR CLAIMS -MADE 6045348097 11/1/2017 11/1/2016 EACH OCCURRENCE 3 5,000,000 AGGREGATE I S 5,000,000 S DED X RETENTIONS 10,000 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUrVE OFFICERM(EMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N N / A PER STATUTE OTH- ER E.L. EACH ACCIDENT S E.L. DISEASE - EA EMPLOYEE S E.L. DISEASE - POLICY LIMIT S DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) **SAMPLE CERTIFICATE. THE FOLLOWING COVERAGES WILL BE AFFORDED IF THE JOB IS REWARDED TO THE INSURED. The City of Prescott and Prescott Municipal Airport are an Additional Insured on both the General Liability and Auto Liability (CG20330704, CG203070704 & CAE_0131_0810) on a primary and non-contributory basis per attached form BPE 2265 9912. 30 day notice of cancellation applies. CERTIFICATE HOLDER CANCELLATION The City of Prescott and Prescott Municipal Airport 6546 Crystal Lane Prescott, AZ 86301 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Sample Only © 1988-2014 ACORD CORPORATION. / Packet Pg. 176 9.F.a STUCKEY INSURANCE June 13, 2018 City of Prescott Prescott Municipal Airport Design & Engineering Services SOQ #13A1R0516 Re: Dibble & Associates Consulting Engineers, Inc Professional Liability AEE Policy #AEC-9020878-00 Effective 02/28/18 to 02/28/19 To Whom it May Concern: In reference to the above contract, please be advised that the limits required for the Professional Liability coverage will be met as required by the City of Prescott. Yours truly, Bruce Schmitz, CIC Account Manager Stuckey Insurance ©er 800.224.2264 • f. • 602279.9336 1 www.Stuckeyfnsurance.com Attachment: Dibble Supplements for RSOQ#18AP002 (2126 : Dibble Engineering Contract Approval) 9.F.a DIBBL-1 CERTIFICATE OF LIABILITY INSURANCE DATE (MN/ODLYYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. if SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER 602-264-5533 Stuckey Ins & Assoc Agencies 2850 E Came!back Rd, Suite 325 Phoenix, AZ 85016 Scott Schmidt c TACT Teresa Alvarado PHONE (CNN Ext): 602-264-5533 I ( , No) 602-279-9336 6D-It ss teresa.alvarado@stuckeyinsurance.com INSURERLS) AFFORDING COVERAGE NAIC N INSURER A • Berkley Insurance Company '32603 INSURED Dibble & Associates Consulting 7878 N. 16th St., Ste. 300 Phoenix, AZ 85020 INSURER e INSURER C : INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR OF INSURANCE ATYPE , pL WVp POLICY NUMBER POLICY EFF LMMlY lDOYYYJ POLICY EXP (MMLDLNYYYYI LIMITS COMMERCIAL GENERAL UABILITY • EACH OCCURRENCE 1 $ CLAIMS -MADE OCCUR DAMAGE TO RENTED I l PREMISES (Ea occurrence) , $ i MED EXP (Any one person) , $ PERSONAL & ADV INJURY $ GENT AGGREGATE UMR APPLIES I 1 PEP t PER. LOC I GENERAL AGGREGATE i $ PRODUCTS - COMP/OP AGG , $ I I S AUTOMOBILE LIABILITY SCHEDULED AUTOS yyNED AUTOS ONLY I COMBINED SINGLE LIMIT l (Ea accident) $ . BODILY INJURY (Per person) $ I BODILY INJURY (Per accident) $ (Per accident) DAMAGE $ $ UMBRELLA LIAB EXCESS LAB _ OCCUR CLAIMS -MADE EACH OCCURRENCE . ,3 AGGREGATE $ $ DEO j I RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPREIETgOER/PARTNER/EXECUTIVE 0FFII ER/MEn NH) EXCLUDED? i I NH If ea describe under DESCRIPTION OF OPERATIONS below N / A L STATUTE OTH- ER E.L. EACH ACCIDENT $ E.L. DISEASE • EA EMPLOYEE 5 E.L. DISEASE - POLICY LIMIT $ A Professional Liab AEC-9020878-00 02/28/2018 02/28/2019 Per Claim Aggregate 5,000,00C 5,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS 1 VEHICLES (ACORD 101, Additional Remarks Schedule. may be attached if more space is required) Professional Liability - Claims Made - Retro Date 10/31/1962 Re: Prescott Municipal Airport Design and Engineering Services RSOQ#18AP002 CERTIFICATE HOLDER CZPRE-1 City of Prescott Prescott Municipal Airport Director 6546 Crystal Lane Presott, AZ 86301 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE W1TH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE I � Ar rsl L f 1 .- © 1988-2015 ACORD CORPORATION. ALl'aCket Pg. 178 ACORD 25 (2016/03) peiwoo 5upeau16u3 apqqm 9ZI,Z) seopues 6upaeui6u3 u6!saa podiRtiol OOS :zuewipelIV O Li O CU rti 7878 North 16th Street #300 June 21, 2018 ;0eJ;uo3 6u11eeui6u3 a ggia : 9Z6Z) savues 6uuaau!6u3u6iso°.odJ!y Jo; b0S :;uewy3e4V N Phoenix, Arizona 85020 P 602.957.1155 I F 602.957.2838 Prescott, Arizona 86303 Contact Information N Statement of Qualifications for 0) CC 3. Team Organization Subconsultant Firms CU cel u J 1a c 0 c Dear Selection Committee Members, u r �� 0 u v 0_ 0 0 u 0) 1 d 0 u a) 4-' ra L 0 C ra ra 0)) C E a) a0 c 0 a) .0 _ a0 c W CU Q 0 a) O 1- v •- O 0 c v 0) a) u (13 v v cc 1, c a N c v 0) 0 E LL Ni Cr; c (13 0 u a) 0 0 u ,CD 0 v a) CU 0 a0 C 0 O 0) 0.0 ro E a) 7 0 In ra a) a) > 4- a) 0) V V rj O Q V 03 • 0 O Q CU v O o QC- O . 0 V 0 u 0 VI L 0) ccs C a0 C a) 0 0 0 0 0 'In Q C (11 X r a) 0 c u ra C (Ts a0 If .4= 0 Qu v - • Project Schedule N c a) E 0_ 0 CU C./ a) L s a0 7 O 0) • c a0 C v u E 0 c 0 cCI v 0 C 0) Vl C 0 a0 a) ra c 0 V 4.J c a0 0 4-, CU c 0 L_ N 0_ CU 0 � - v — • 0) • X w Q N 110 0) C c 0 co l -V CO 0 C-' v E a) u C a) > w V) v O a) O 0_ 0 N >, 0) a0 0) 0 S u 0 a) u a) 0 ✓ a) O 0 J N M T O c CC 0 c O 1 c 0) X a) (I) L cIS c_ E a) 0) v C CU 0 cti u 06 0) u c 0) a 0 x w (13 H c v E O u oS 0 ri Q N v H Y 0 a L v CU O c N E O u N r'r'1 Ili u r5 O_ c f6 al G1 0 a) w ro a) cO a) U1 0 a) c a0 N a) 0 to cCS C 0) N E 0 z • 0 i CD r9 0 CO• 0 a) O_ a) 0) 0 -o ru C The trust that our team has built with the F 0 co O C 0) h CU .c v 00 ca a/ 0) Q 0) L u a) Airport, means Ta 0 L.) 7 with Prescott c 'a C w w 0 00 C N i 0 Q c f6 00 c c 0 0 0 0) .73 0 0. .4 0) .0 .0 O N Q L N C O al i 0 c 0 0 7 (12 c ra a) a0 C L u a0 C O a0 0) a C 7 a) ro E a) L_ O C a) L a) E Q • 0 u c ra u 0 0_ c ra v a) C 0 00 C a) a) L c ra a) ra LA C .(0 E EL) E r0 0) a) 0 v O Q Lon N v1 0) 0_ Q CO X X C C a w Q Q Q Q Q Q u i C 0 u L 4- 0 w 0) s 00 0 L H C1 C .N 0 Q N v 10 C (6 Z1 la O r C 0 CD CC w w Cl_ C10 > ,„ N 11JaJ 1- c O] l� CC 0_ 0 C d 0 c O u a) t7 a) a) as 0) u u C a) E 0 0 a) 0) 0 0 0 c a) a) a a) u_ 0 rcS Tcs- cu N 0 0 a) a0 • CD 00 C 0 C a.a 0 0 0 cu O u N 0 0 c 0 a O C a) E v rt l�/1 pei;uoO Buuaeui6u3 aiggia : 9ZI.Z) saainJaS 6uuaaui6u3 +g u6isaa Jodi!V JOi 0OS :;uewg3e1411 U (o -0 -O a) -0 a) a) r0 7 C C _CC 0 'Q i U n3 ro '-' ro 7 d L 'O v CU b a) CA .- Q31 C Q O C OL a) .3 V rO O_ L a) v C ro s °' , 3 CL a0 w 4- a) v- a L O o c L v for team interaction: Prior to o.0 -O Y c c 3 O o cL F O C u C ro v ( > co a) ro L -0 vi a`) a .o c .0 _ Q v c aJ 7 a) _ca) 7 'c'E 2a) aim N b0 a) E Q_ l0 a) rO 0 p O . C rro b0 c Y L U 0 1-� 0 C 0 _c co i v i cn u C r6 ro 7 u C N tila) i3O C o.)V 0 0) o EC E C bb a) N N0 OVL O N O ro _c3 a Y rO L .1 3 to -0 .2 rn v cLa — c 3 0 In C 0 Q c 7 i > O O c bz, 0 'E �' Q E O- 0- L. 0) a) V1 L CL d 0 C .� - v OV Q ro 'O 0 C O co C 0_ 0 0) CU E 0_v 0C d .N E E o L 0 E -CD Q u 0 C o c u u r ro r0 l- a) o N o bo a) ro c L Ut o_ c u a) X a) ,O a) a) >_ O E L O C Q c O o _ Y L.) L ,- ) SA L_ 0 C O 7 O o (0 c a) -O a a) b0 C C = 7 b0 ✓ -O C o E °J LE -o-3 CC bVO O - O r6 C L O_ C 4-.. E v (13 >, o E O LO N L) CO Cr') o 0 L(1 Lfl Ln Lfl a, !V 0 a i 0 'a Y c aa)) 3 03 C O ao E C L v bo 0 OA H C L 47 ro 7 bC a VI >, c 0) L C -O O.) U c L) 00 Eir, -, 0 C ro 0 Z ro W U N C f0 O _O 4- Q 0 JV1 U0 r0 CL Q 0 06 c o C cu o CD ate') > _0 u .0 o cu E E E 0 0 * City of Prescott Partners Organizational Chart Our headquarters are located at: a a) bA C W LJ a) u ■ SWCA Environ. ■ Cobb Fendley • Michael Taylor* ❑Argus Consult. • Dibble CM ■ CR Engineers • Speedie & Assoc. • Dr. Odunaiya • CTBXaviation Phoenix, Arizona 85020 Key Team Members ontract Princi a •roJect Mana•e w a a) c 0 C (0 Cie CC Environmental Ryan Rausch, MELP ■ Local Coordination/ ■ Public Outreach Stephanie Treptow ■ Fuel Systems: Kent Bredehoeft, PE ❑ muniuminummiir 1liMMll:1 I1I II P1 *.1IIe1► Rick Shroads, PE, RLS ■ d 0 W W J O E a) 0 cV .a) a v a) O O N a a) .L rn in "6 '-, 0 .L r6 I- O C C C ro 3 0 v 7 C 7 0 0 0 0 O 0 Cr O a+ + 0 u a) a *.= u a ra w Li V V1 i i L 'L U �. C Q c >, c `'J" rO sn w i O > v .. E ago a) V)- c E £ a) fp r .c C a) ro N 2 rO Vt U a) t tea) i C C ate) O_ 0) v 0_ a) rp C r6 � V p 4. 7 O- a) E a) b�0 -0 v a O Cr 0) n O Vl O �, N ro x E a) VIE d 0-a- C _CV) V X aJ b0 f0 V1 a) O Q u 0 00 � r0 a) -, V 1 p a) ate) To -b_.o ao O 0_ =c FY VbYO- CuO0 CE a) ? N O 7t ate) v�C v 0 0 'O L O r0 Appendix A -Resumes. coordinated under the 0) L (0 _C CL N 0 0 0 4- 0 0) E a, Lel ai 0 a) _c a) 7 a) ro ro O U C O 0 _c b0 Cll a) E a) ra _c E Rs v a) _C 4-, vl a) V 0 0 c UO 0 v 0 0 _C bD 7 0 1- ;oeJ;uo3 6u1Jaaui6u3 8Iggip : 9Z6Z) saouuJag 6u!Jaaui6u3'g u6isoa podJib Jo; oos :;uewgoe1,4 0 RS 7 ro E o - c- 0 ,- a ci� '0 E o U 0., a.) v O O O C C °' > E E CO C c a, o_0 } T ra E C L `�- 4—, O O L a 7 CD v L p v 0(13 N 0 0 aJ (13 > '� N a) in C v a c ��,,, a 0_ L L N- O v`ni E E4-co:vOi N o a) 0 O a) Y V u v -0 '-' C a) 2 L i W L E 17 a) - +- a) O N '� ro ra _c — 0 0_ C o aJ v v 3 n a 4-' L - a) E > 3 N(13 o rts U +-' v > L v ut _c 0 r--� 0 O C Q i7+ L I_ Ut p 10 > 7 �+ 4, O r0 0 C 7 a1 CT X 0 C N V) .5 v C aJ v a1 v L (a a.0 L a) ra 0 > ra 7 '� no ✓ "O CU p ra 6 L +--' 'C C 0 V ate.., a) �' 0 U1 -0 a) ra 0 U1 • L �o N 0 ->O , aco Y a v cLi0 3 >, 0 Q ra • L o f 7 _Y p- C L a) N a.-, 10 U U ra C C ra CD ra � i c_ .O ) a) U co b-0 '-' _ C V E O_o r 0 i aJ Q v N C L '0 E 0 a '- j C L N .ao o O ro C ra ra O aVl'po c fa)"3..0-0 o s E -- 8-0 E< O > p C a a) a) N L 0 C V p C V m 4-' L '--' _c U ra u > C O O j C O• O C rva QVCJ v w L L, a c w bcO 12 v w COw 0 `n ra v 0 ar c `� >- aJ ` u .,., Q L 4' V b0 (Ca L Q 0 7 V 0 0 c Q N 41 = C O C tni 0 o c- vi E Q O p a) v O N t� I..L 0 -- a' ra L 0 '-' b0 0 0 0- c - , .� v, E c ..' �' p C V ro 0 bc�o ° s v v co L o 0 o O '--' a.) o + v1 U v L C 0 � O v a "v1 3_c a rn c c CT v a o v L ._ bNo E 0 bc0 3 —O v a) v Y C U 7 a) L > 7 C v v �1 c 0� b-0 .r aai 1 E L J c c E ro - N u, u_c> 'o v ut 0 `� a) > L L o >, E v in a 7 Q p ro E 7 L C '--, 0 .0 ut — O p al)a)a 7 v) 7 aJ ra `n c o ra c .0 U -o L 0 .( Q O a F c ra a U o a) v `^ c (13 0 N L +✓ L aJ U E a) a] E aJ 134 0 ra V c VI E c ro Y r6 v _c ro Cl/ -0 cC3 a-, c LE v v Q_ E 0 0 a) bD 17 7 c ra a) CL 0 V ul 0 CU 0 -o a) V a) O_ vt 7 cr will be included, c Our subconsultants are listed on the following table. vl a) 17 ra 0_ vi v 0 v v 0.0 C v 0 vi CL v Q a) 1(3 C C naa Q1 b-0 7 in v 0 C b.0 -0 N 0 (t) 10 7 0 U CT v z a Q C 0 Z C c C Z O 0 : Pavement design services. o z o 0 0 a ,j a W a ce U a' tail cc 1:e11v1111011401e110144:110[eIf1►[e O c 0 C > a) in 4-7 0 0 0_ 7 C b.O O b0 0 a) c aO C (1) C O C_ ID 0 O U ra 0 0 a✓ C N 0 c .4.74 o v a a CI) C .0 ro 0 -0 a.o a) -0 lac c O_ C O nO C O C O ( c v Q C ° 0_ vi .� d v v Q p L f= ' v o ra v o c 3 O o 0 0 4 E CL _ vi C C < YJ _C 0 0 '.' a) Vcu a) 4- a) 7 L u ra _C C N • H -o N ..0 a V n W LL ra �) ~- at a minimum, within the PMP: ■ Detailed project/task scope and description 0 4-, CU '5 13 > c a) cc ro C C U bD ra a) o a O .O p c o_ • • Individual team roles and responsibilities Internal and external communication plan • Project exhibits Packet Pg. 183 Statement of Qualifications for Prescott Municipal Airport Design and Engineering Services for Fiscal Years 2019 - 2023 saa!nUaS 64i00u16u3 '8 u6!se U CC Q W W Cc 0 CC LLJ 0_ W 0: CC 0 continuation) 43ei;uo3 6u!.Iaau!6u3 elgq!a : 9ZI4Z) V V O u v_ E c °J E fp t.` °' v ° ` as E Q H U W D x V W W i • a1 a N c C o CO ID- C L .0 76 -d C GJ 00 7 vt t i N Q) •+' a) .a aco .0 c -o c 5 _ IA C . E vi ` (0 b0 00 0 L ro L no _Q W W u d, -a to L C L Ce , a--) v �' L.)C o F c o RI.-ECIOv r�0 v C U V IDA 0_ Vl -0 Q r6 aJ w C c. E .O C E aJ O O v 2 ao C 4_, L 4., fO +--� W o_ vl VO a-, C v m = -0 — E .� Wco E 3 C 0o coO C V aJ O C a) ul O V aJ N _ 1 a _0 w , m E ro c v ro 0 Q 0 V 7 0 C 0 a1 V 0) N 00 %C `a, v C v .> 'v V N : _0C - C O C V O O tf1 � M O 00 � v o .� z a, L C 0 co rts a) 4 .0^ 1.0 0) N 0 V C ut v a1 0 H0_ O -0 N c N O V m fC E C r15 0 N •L L Q � a V) .0 0) t 4- C a) . a o v a) x a ro '^ E bo a) C L •C F- a) c c 0 N W N C -0 a a1 poaiid aoJ OOS :;uewtpe;;v a) {a/j V J m 00 LO W 0_ C) 03 h- W d ‘4) LO � W d � _ vi J 0 00m W d O N L J L 'sr W d N `n 00 J Cr 00 O W d csj 00 LO W W Engineering & Testing Consultants Engineering & Testing Consultants CR Engineers Speedie & Associates Civiltec Engineering Civiltec Engineering Argus Consulting, Inc. CTBX Aviation Group i aJ L E v T = N , L) Michael Wilson Catherine Alcorn Gregg Creaser Rick Shroads Ken Davidson a) a1 0 L a) v m c CU Brian Lally vi L+ J 0 o W d PE #47425 ul O W Cl PE#24433 O rn w d PE #48375 RA #35786 RA # 24683 Dibble Engineering Dibble Engineering Dibble Engineering Dibble Engineering Dibble Engineering Dibble Engineering DWL Architects + Planners Michael Taylor Architects Member Jared Bass Duane Dana Ryan Toner Ken Snyder Peter Knudson Kelly Peru Sandra Kukla Michael Taylor Packet Pg. 184 Statement of Qualifications for Prescott Municipal Airport Design and Engineering Services for Fiscal Years 2019 - 2023 Dibble has an exce ;oeJ;uoa 6upeeui6u3 alggia : 9Z1.Z) seo!Iuos 6u!Jeou!6u3 '8 u6isea liodiiy .10100s :;uewyoe;;y ao 0 a) -c a) a0 7 .o C •3 a a) E completed on V a) 0 0 0 0_ �J N CO rd E v C.) L a 0 E 0 "> 0 C a) a) C ra O' 0 a) L C v -0 t� v 7 a) O n v C N CU Y 0 `a Q� E v 0CU rn a) aa) a) E >>o 0 _c v a) > .c 7 0 o p- > 0 cc c VI C al c a) L L a6 V a) '9 in s- o_ a) ao c 113 O CU C 0 C CU 0) a) Q =x oo a) tj ao v :co o_ Y V C N C 00 N a) 0 0 o_ L_ Q 0 i co v } m , L N v1 v1 Y CT .0 v v Q v L O as' vaa)) vs 0 a) C > Y C a:0 in Q a)ro C. C c U (1) • _ CW-o d, AZ (b. Airport Location) d) Date: e) Brief Description: 2013 Design, bidding and construction phase services for improvements to the safety areas at the ends of ILS Runway '3R-21 L', shifting the runway 400 feet to the northeast, realignment of portions of parallel Taxiways 'C' and 'D', new connector taxiways, holding aprons, runway shoulders and storm drain improvements. Design, bidding and construction phase services for the mill & overlay of Runway '3R-21 L', pavement widening of Runway '3R-21 L', mitigation of Hot Spot No. 2 by removing Taxiway 'C2' and reconstructing Taxiway 'E' and upgrading lighting and signage to a new LED system. Design phase services of new and/or upgraded perimeter chain link fencing with wildlife deterrence, realignment of existing fencing, replacing the access control system with new CCTV cameras, new fiber optic communication system and software, and gate improvements. .rt Location) Design, bidding and construction phase services of the 71,710 square feet, four -phase West Terminal Development program. Civil elements included reconstruction of aircraft parking apron, 10 additional gates, utility improvements, parking lots and roadway improvements. Design and bid phase services for an additional 100,000-gallon fuel storage at the existing Fuel Farm. Improvements included tanks, pipe controls, site grading, miscellaneous utilities, new concrete access drive and refueler truck parking as well as a secondary containment provision for parked refuelers. Design, bidding and construction phase services for the full reconstruction of the North Apron including 112,000 square yards of Portland Cement Concrete (PCC) pavement. I DETAIL IN APPENDIX B - PROJECT DESCRIPTIONS. Statement of Qualifications for Prescott Municipal Airport Design and Engineering Services for Fiscal Years 2019 - 2023: RSOQ 4#1 00 N 0 ¶Ln 0 LO 0 00 0 L AIRPORT - PRESCOTT, c) Contact Information: 4-, C ro Q L a C0 0 473 Q CU aj o ,�41 (NIt v) a) N 0- ONO a) rn $ i 0 • :: / e bC0 •� 'CI 00 Y C i+ l0 Y o U — _ • 0_ U L_ C LL I ro 0p C- Q a) > v a) -o p 'v' ry C ao aas PRESCOTT MUNICIP a) Project: Runway '3R-21 L' Runway Safety Area Improvements Ti Runway '3R-21 L' Rehabilitation & Hot Spot No. 2 Mitigation 3❑ Perimeter Fencing & Security Upgrades PHOENIX -MESA GAT nWest Terminal Development Phases I -IV (as a sub to DWL) nFuel Farm Expansion 6 North Apron 0 C L v) Y- 7' CE n. L L 00 in v • O C '� 4-, vs aQ C a) r C o .0 a) C vi D O 1-'. �. • 7, Zs vl vi -0V1 p C a) C '0 w L a) n) a•+ c> C L_ 0 0) Y 40 4-, a0 C 0 0 .0 a0 C C c )o ra C O 0 a0 c C ' .c C C n ro a) v v E o v 7 'C 5 O (0 (0 N @ 0 bC0 L C • O N O 0 O v > a) ro N 0_ co -0 Ut ro >Lo 7 ut c 0 V a) v 7 c O v - u c `6 a) 0 ao C N CU v 0 vs )a L VI c O 0 Q x 0 7 V C C G) 4- vi C 0 Q (0 vi (0 _ O L vl a) C ra x ra )6 c (0 v -Cw 73 C 7 i O 00 u a) 4- C VI C 0 w C 00 7 V = i R (4) '0 ra w •0 C vi R ea fa O L N r0 C 0 0) 00 7 VI t 4- demonstrated %+ c 0 h .N C 0 V �0 t� C ao 0 '^41 0 c O v ra ' 0. as a) c a O aO+- C Y v) 0 = 0. 0 ;oeijuo3 6uuaaui6u3 eigq!a : 9Z 6Z) seoinuas 6uueeu!6u3 'g u6ise j podJiy col Ojos :;uawyoe;;V LL ari LLJ z LLJ� / x LLJ 0 U C/3 CC L C O U 0 i 0 Q 4 w 2 1- 0 0 00 Q 0 J w LL z 0 v J w Brief Description: N N O N (0 U (0 C O u) b4 E c 03 o c C 00 0 (0 Q bo W V C C_ 4- E E a, -C L a, Q o a, V 1, 7 0 a, b0 (0 c L Q C b0 0 C v -o 7 V N 2 C LL 0 V1 -O O 0 C Lf) 130 -- 0 a, LL N O N U 0) U a crO v O ¢ _ as (p 0) ¢ C. (x0 w C o cc c E (0 bA (0 C a) 00 0 c N Terminal Expansion (as a sub to DWL) CO co Oa C v, 0_L L Q-`0 C° E m Q C 4- c a, O v 0 O >' a, E o > L v a)0 -�, C 7 rn3 aJ to o O O Q.)-00_r C c � ¢ a, ✓ C -0 O th - v c) C N a, Q C 0-a1 E O.)O (0 p u O VI N (a E a E Q a) ._ o (a ra x 4-, 0 roQ v c 1- o4- U t 0 - N 0 c,a0 C a) 0 i 't v E c 0- Q 77 LL C (0 CL al v •- (0 p b0 y C c p c_ (0 L N 7) 0 a' a' Q = a-+ b0 f6 D 'O N C (6 O 9 C L a+ c -0 (0 a, (0 O c (0 C D E o a' C 0 bA (0 >, u C v to C d C (0 C 0 Q, ia•�'' 7 b0 ? ,_, L O ¢Qvo 1-o cO .3 f CO O N Mike Smejkal, PE, ME, Vice 00 o`o 0 00 cr 0 C m c E N 0 o C a0 a)L V1 u, v C E d a0 E C W I • • • • - 7 1 A b. ,ir.ort Locat!on N O N 0 V aJ o a o bA O E ^' 0 `° �->+ Q � 3 L(1 W up 0 LD C CO v d N E Ln c 0 3 0 c J ■ 1 1 11 • Y U l • • • • - ' ` "9 £ (.. Air•ort Location O N E >, o c Cta.0I- N ((00 a, (0 > v N 7 L L., ce O C • 0 C aJ O a,0 u b0 2 r c v c Q N i 0 -0 O o b0 u7 O t10 7, C L c E -0 aJ O C 113 6' 4_ C c 00 C (6 C aJ -X O -0 aa) < > 0 Zs n3 o_O c °0 0 E a, Q y 00 O N as a E 0 a 0 r LENDALE MUNICIPAL AIRPORT - GLENDALE, AZ (b. Air.ort Location abilitation o 0 c 0 V (0 .40 L (1) v O } u, L > O O Q us v O E O Z O bv-0 Oco il .. Q, ai C as ((00 O _0 O 0_ -0 C 03 O 00 V v c O C n3 O E V 'ET C -0 Q E C uJ 0 b I- 03 Q v Q 00 b0 L C . t > a, 0 (0 o Z 0_ CO O Q•o Q (0 O m 00 as -0 m c C (0 0 0i 0 r = C 0 a)v) O L c 4- R L a, 00 c 0 a L t 0 z DENOTES PROJECT DESCRIBED IN DETAIL IN APPENDIX B - PROJECT DESCRIPTIONS. ;oe.;uoa 6uuaau!6u3 a!QQ!a : 9ZIZ) saopues 6u!Jeou!6u3'8 u6!sea Jo; oos :;uewyoeud vuopadsul E a / •u!Wpy uoUanJlsuoD >`; > > > > > o 2uiPp!8 > > > > c o u2!saQ > > > > > (aja'sa!pms 'aauelslssy lueID "dDe) SupweJ2OJd/2U!Uueld > > > > > > > > uospnuNJaiad L.)u u u i a, llowJaQDW al!JeyJ d d 0_ .a CU 2 JapAus uaN a a a 2 a a C o' E ra Jauol ueki a a a a a. a a >, a euea auena a Q a Q 0_ 1-1-1 o 0_ sse8 pale( 2 2a a B-3. Firm Involvement, Issues and Relevance Dibble's specific level of involvement for the selected projects in Appendix B - Project Descriptions and previously mentioned, are illustrated in the table below. Key/unique issues and associated outcomes for each project, as well as relevancy to the proposed projects, are described in detail in the complete project descriptions in Appendix B - Project Descriptions. RELEVANT PROJECTS - From previous section. Prescott Municipal Airport: Runway '3R-21L' Runway Safety Area Improvements FT I Prescott Municipal Airport: Runway '3R-21L' Rehabilitations & Hot Spot No. 2 Mitigation Phoenix -Mesa Gateway Airport: West Terminal Development Phases I -IV © Phoenix -Mesa Gateway Airport: Fuel Farm Expansion 7% Falcon Field: Realignment of Taxiway 'A' and 'C' and Runway'4R' Run-up Area Hot Spot 9 Tucson International Airport: Rehabilitate Taxiway'D', Shoulders & Connector Taxiways 1 10 San Manuel Airport: Land Acquisition KEY FOR ROLES Project Principal Project Manager Assist. 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I-)C v -O a) V) L -O d Q rd,_ a,) t 0 L C a) V > C o O v a) ra 4- rn a a 0 c ao 0 aa)i c v a) a) _a Cao ao c 2 a) c Q tno a) 0 t>6 a) E a) a) C U L p v - a) ro -, , • i L 'Q ra a) a_ a- 0_ i x 00 0) (a 0 a) c - ` 000 v O C L N (7) ° ) co ao QE) E x U C v a) f.1 , 0 v _o N 7 aJ L E Q in = w (a v ._C)a>') O aj vE 0 Ut a 0_ a v O 0 0 �O c vU c Packet Pg. 191 0 N 0) c w a C rd C 0) tatement of Qualifications for Prescott Munici 0 References &Additiona Pea;uoa 6uuaaui6u3 alggia : 9 Z) savueg 6uiJaauiBu3'8 u6!saa podiiy.Jo; 0OS :;uewIpelly O (6 c E 0_ W Q V1 ro o_ � U 7:3 c c C 7 Q 1Co 2 0 a) L 4— L O V >, T 4 ji 520.573.4856, msmejkal@flytucson.co a c 0 7 0 ra Q c J 0 0 Q L O c O 0 025 0 L ro >, X as ro a) >, L N L 1- c 0 LE ro a) ca c 0 0_ Q C E a) cu In O 4-1 rd Vl u OWbA U) C C L a) L ° Y E v v o 0 v v c w v 7 cba E a) 0-.a.-) W 0) _ca)U -0 a) V 7 _or) V ro ' ? a3 N 0_ vt a34- DL- E 0 Y 0 -O v v U ,' > ✓ = D J c L > a) Q) _c ( O Y _; v1 O '-' NL) v 0 3 c c -0 a) a) o 2a) _c5 Y Y c L.)N v c O co co C 7 - ut .Qv O-av E c v v Ln O.0'CD O ° 0)7 C .' 6 +L--' 'C d N vi 4— a) v L a) v ' - cu 0 _C L— Y 0 ' ' 0_ -0 O a) o_ 'C6 _c E C n V1 O c a) 0) N C 00)) i 0 v a) u o c cu Y b v > c 'b.0 c in := w v .V1 o _o E D N _a o u L w >, O a) .(5 Y O _oU c l LJ u J - JIM PETTY, AIRPORT DIRECTOR, PINAL COUNTY O ro L_ vl c 0 0 E 7 vl V1 V N 0 O C N a) ro ro E a c (6 d 0 v L 0 c 0 Q a) X a) 0 C D O a) L_ 0 .5 0 a) (I) j N a) L E v 0 O E a) 0) a) 0 a1 L O aJ L ro v Cr cv taD rd Crid • V 0 LJJ 0 rid CJ Yj C b0 a V) Lo C L E Y 7 0 rsi 0 C N 0 c ro v 0 0) L_ E 0 O 7 ro ID 7 E E -cO Q) T 'r -o C c o E Y _ V 3 N Q) o v L �O To > r0 0 C N O 00 3 3 0 0 b0 ro C ro E O V 9 c O o_ ro O_ 7 O T a) n 0 0) ro 0 0) v) C 0 0 0 0) o_ X Q) 7 o, v v X 0) c r0 loeiluoo 6uuaau!6u3 a!gq!Q : 9ZIZ) seoiivas 6u!Jaau!6u3 +g u6Isea 1.104V JO/ OOS :luawy3ellV -0 -0 C C ro ro 0) 0 C Q) a) 0 4-, a 0 c E vs CU ,3"3 Q) ) b0 c E co c E .0 c r0 O C 7 L O , O c V 0 7o C cco O b0 >, c C C aJ O C E•b0 a 0) bo � C r0 c = C O _C C C g O '7' (0 0 c v, ro v, v, 0) V a) ro r0 V V 0 s 3 -o r0 0) b0 ro C ry 0 Q) O 0_ 0L) > O co co 0 0) ro a Q) 0) v r0 O0 C 0 0) E aT) L 0) 0 0 ro _c b0 00 O0 c 0L) (1).'- C b0 L W > b0 lJ C LA 0 CO } a; V c a) 0) o_ x w co 0) N cc a; a) N a) a c co a) 0) C 7 0 T Arizona Airports Association C 2 C O V cc C ro a` )) a 0 v) c u L t "� r0 0-O pL ,� Q L. a- 0 v Q o v cc 0 0 a .E o a c rn '¢ ° i5 a) _le_ N a)c G. 3 LL O 2 C C O Ut Q 7 0 < co 76 ' LL■ u■ 'a ■ O a a c0 0. V ._ O V 0) vs 0) as o -o ro v = L Q dS to > c D C_ a)) 0 > E ro - 0 E rty 3 • aJ l/1 C _C C 06 ct 7 bb0 J J b0'V N- C N -jc E m N. ro cu > rp 0 v 3 0 3 Z E C o_ C 0 .0 CU CC CC a 0 0 3- 0 C r0 00 c c r0 a w m 0 ■ ■ ■ ■ Assistant Project Manager Duane Dana, PE 4, vi C 0 ro 4- u 0) 0 -O C ro v1 ro C 0_ b0 ra E 0) 0 0 C 0 v N 0 V O O_ Q) 0 (2) V C 0 V C b0 0 v; Q) c 0.0 0) T a (13 bo C .0 ro Cl a (13 C b0 Q) a rb E 0_ 0) 0 N a) Q) a) N 7 0 La) ro -o n3 Ut 0 0 .oT3 C 0 ro vi a r6 v > v (13 6 a) _C C b0 (1) 0 a) b0 0_ C x V W 7 Y o 0_ Q) 0 0[ � L -o v > (13 o V1 Y 0 a Q f0 Q V 0 C3 L CD' C c0 u ■ ■ ■ IN Terminal Apron Rehabilitation v) Q] ro ro 00 O_ D 3 a) LC) b0 C U C Q) Ll v a, E v rl Safety Area Drainage Improvements 0 S obi c 0 ra _c v N ors T r0 c 7 Drainage Improvement Design Guidance Signs & PAPIs b0 X w -o 0) b0 c N vi D 3 .3 X C N I - CC -0 a) 0) Z 0_ Phoenix -Mesa Gateway Airport Arizona, PE #47425 Runway'4L-22R' Blast Pads Runway '30C' Threshold Reconstruction ■ C O 0 Q 0 0 c 0 N Q u. 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X v w 0 N as > A ro L a) r0 L V Lo a a, 7 � L N 7 0 0) L L 3- > 0 O °- oA N C 0 0 (.13 7 0_ 0 ro ro N ro rc O -a a)• >, �o 4- 0) E E 0 V > 0 E O 7 r0 0 a .5 N C_ V C a) V a) C a) L a, QJ to ro 0) r0 L u VI a) 00 a) i0 L V 7 u_ c CU a) to 0 u V 7 C C 0 44 7 9- O VI 0 .O 0_ 00 C L 0 v 7 cCS ro C O E 0 O V) V1 r0 0 73 C r0 0 0 V Y V z ■ Ernest Love Field restaurant remodel. A remodel of the existing restaurant including new kitchen equipment. 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Ar.rt3ys h a!1S. L0Z 'fid le)f3ed June 15, 2018 Jessie R. Baker Airport Manager Prescott Municipal Airport - 6546 Crystal Lane Prescott, AZ 86301 RE: City of Prescott Municipal Airport Engineering services RSOQ #18AP002 Dear Ms. Baker, In reference to the above contract, please be advised that the limits required for the Commercial General Liability and Business Automobile Liability coverage will be met as required by the City of Prescott. (Al K'IIy Antrim, Account Manager for John C. Heitel, Account Executive 122 North 7" Street I Phoenix, Arizona 85014 1800.789.0888 I p 602.230.7726, ext. 217 1 f 602.230.7836 Attachment: SOQ for Airport Design & Engineering Services (2126 : Dibble Engineering Contract 9.F.c ('1TY0F PRESCOTT Ls)c yl t Hawre t~,1 City Contract No. 2019-069 Professional Services Agreement Design & Engineering Services For Fiscal Years 2019-2023 DIBBLE & ASSOCIATES CONSULTING ENGINEERS, INC. WHEREAS, the City of Prescott (hereinafter referred to as "City") is in need of certain services; and WHEREAS, the City has solicited Requests for Qualifications in accordance with local and State Law; and WHEREAS, Dibble & Associates Consulting Engineers, Inc, dba DIBBLE ENGINEERING (hereinafter referred to as "Consultant"), has expertise in Airport Design and Engineering Services. NOW, THEREFORE, IN CONSIDERATION OF THE COVENANTS HEREIN CONTAINED, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by each party to the other, it is hereby agreed as follows: 1. That Consultant shall provide those services to the City in relation to the Design and Engineering Services for Fiscal Years 2019-2023 on an as -needed basis, as indicated in Exhibit "A" (General Scope of Services) at the Prescott Municipal Airport, and as requested by the City of Prescott Airport Staff. 2. In addition to those services identified in Paragraph 1 above, the Consultant shall also perform all subordinate tasks not specifically referenced in Paragraph 1, but necessary to the full and effective performance of the tasks specifically referenced. 3. The Consultant shall provide sufficient qualified personnel to perform any and all services as required herein, including but not limited to inspections and preparation of reports, as reasonably requested by representatives of the City. Page 1 of 23 Attachment: Engineering Consultant Agreement with Dibble Engineering, City Contract No. 2019-069 (2126 : Dibble Engineering Contract Packet Pg. 206 9.F.c 4. All services identified in Paragraphs 1 and 2 above shall be completed to the satisfaction of the City and shall be performed in compliance with the Consultant's project schedule identified in the attached Exhibit "A". 5. The term of this Agreement shall be for the three-year period of September 1, 2018 through August 31, 2021. The Agreement may be extended for up to two (2) additional years (in 1- year increments) at the sole discretion of the City through August 31, 2023. Extensions shall be made administratively, without the need for additional City Council action. 6. Notwithstanding the foregoing, this Agreement may be terminated by both parties upon ten (10) days written notice, with or without cause or upon completion of services. If this Agreement is terminated, the Consultant shall be paid for authorized services satisfactorily performed to the date of the Consultant's receipt of such termination notice. 7. It is agreed by and between the parties that this Agreement incorporates the attached Exhibit "A", Exhibit "B", and Exhibit "C" thereto as a part of this Agreement, and that the terms thereof shall be binding between the parties. 8. Pursuant to A.R.S. Section 38-511, the City of Prescott may cancel this Agreement, without penalty or further obligation, if any person significantly involved in initiating, negotiating, securing, drafting or creating the Agreement on behalf of the City is, at any time while the Agreement or any extension of the Agreement is in effect, an employee or agent of any other party to the Agreement in any capacity or a Consultant to any other party of the Agreement with respect to the subject matter of the Agreement. In the foregoing event, the City of Prescott further elects to recoup any fee or commission paid or due to any person significantly involved in initiating, negotiating, securing, drafting or creating this Agreement on behalf of the City of Prescott from any other party to the Agreement arising as a result of this Agreement. 9. Any notices to be given by either party to the other must be in writing, and personally delivered or mailed by prepaid postage, at the following addresses: Prescott Municipal Airport Director City of Prescott 6546 Crystal Lane Prescott, AZ 86301 Dibble Engineering 7878 North 16th St, Suite 300 Phoenix, AZ 85020 10. It is expressly agreed and understood by and between the parties that the Consultant is an independent Consultant, and, as such, Consultant shall not become a City employee, and is not entitled to payment or compensation from the City, or to any fringe benefits to which other City employees are entitled. As an independent Consultant, Consultant further acknowledges that it is solely responsible for payment of any and all income taxes, FICA, withholding, unemployment insurance, or other taxes due and owing any governmental entity whatsoever as a result of this Agreement. As an independent Consultant, Consultant further agrees that it will conduct itself in a manner consistent with such status, and that it will neither hold itself out nor claim to be an officer or employee of the City by reason thereof, and that it will not make any claim, demand or application to or for any right or Page 2 of 23 Attachment: Engineering Consultant Agreement with Dibble Engineering, City Contract No. 2019-069 (2126 : Dibble Engineering Contract Packet Pg. 207 9.F.c privilege applicable to any officer or employee of the City, including, but not limited to, worker's compensation coverage, unemployment insurance benefits, social security coverage, or retirement membership or credit. 11. This Agreement is non -assignable by the Consultant unless by sub -contract, as approved in advance by the City. 12. (A) The City shall pay to Consultant a total sum in accordance with the individual Authorization for Services prepared for each individual project for all services specified in Sections 1 and 2 of this Agreement, as specified in Exhibits "A" and "B". (B) The foregoing sum includes payment for any and all services to be rendered Consultant or sub -Consultants, which the Consultant may employ for this Contract. It is expressly agreed by and between the parties that the Consultant is solely responsible for any and all payment to such any other Consultants or sub -contractors retained by the Consultant. (C) Payment of the total amount provided for under Section 12 (A) shall not relieve Consultant of its obligation to complete the performance of all those services specified in Sections, 1, 2, and 3. Should the City request in writing additional services beyond that specified in Sections 1, 2, and 3, then Consultant shall charge and City shall pay Consultant in accordance with Exhibits "A" and "B". (D) Prior to the final payment to the Consultant, the City shall deduct therefrom any and all unpaid privilege, license and other taxes, fees and any and all other unpaid monies due the City from the Consultant, and shall apply to those monies to the appropriate accounts. Consultant shall provide to the City any information necessary to determine the total amount(s) due. (E) The Consultant shall bill the City monthly for the fee due the Consultant, based upon the percentage of the fee corresponding to the percentage of the Consultant's Services during the billing period for work completed for each itemized task pursuant to this Agreement and Exhibits "A" and "B" during the billing period. City shall pay such billings within thirty (30) days of the date of their receipt. 13. This Agreement is the result of negotiations by and between the parties. Although it has been drafted by the Prescott City Attorney, it is the result of negotiations between the parties. Therefore, any ambiguity in this Agreement is not to be construed against either party. 14. This Agreement shall be construed under the laws of the State of Arizona. 15. All work products of the Consultant for this Project are instruments of service for this Project only and shall remain the property of the City whether the Project is completed or not. All plans, drawings, specifications, data maps, studies and other information, including all copies thereof, furnished by the City shall remain the property of the City. They are not to be used on other work, and, with the exception of this Agreement, are to be returned to the City on request or at the completion of the work. Page 3 of 23 Attachment: Engineering Consultant Agreement with Dibble Engineering, City Contract No. 2019-069 (2126 : Dibble Engineering Contract Packet Pg. 208 9.F.c 16. The parties hereto expressly covenant and agree that in the event of a dispute arising from this Agreement, each of the parties hereto waives any right to a trial by jury. In the event of litigation, the parties hereby agree to submit to a trial before the Court. The Consultant further agrees that this provision shall be contained in all sub -contracts related to the project, which is the subject of this Agreement. 17. The parties hereto expressly covenant and agree that in the event of litigation arising from this Agreement, neither party shall be entitled to an award of attorney fees, either pursuant to the Agreement, pursuant to A.R.S. Section 12-341.01(A) and (B), or pursuant to any other state or federal statute, court rule, case law or common law. The Consultant further agrees that this provision shall be contained in all sub -contracts related to the project, which is the subject of this Agreement. 18. This Agreement, Exhibit "A", Exhibit "B", and Exhibit "C" represents the entire and integrated Agreement between the City and the Consultant and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both the City and the Consultant. Written and signed amendments shall automatically become part of the Agreement, and shall supersede any inconsistent provision therein; provided, however, that any apparent inconsistency shall be resolved, if possible, by construing the provisions as mutually complementary and supplementary. 19. In the event any provision of this Agreement shall be held to be invalid and unenforceable, the remaining provisions shall be valid and binding upon the parties. One or more waivers by either party of any provision, term, condition or covenant shall not be construed by the other party as a waiver of a subsequent breach of the same by the other party. 20. To the fullest extent allowed by law, the Consultant hereby agrees to indemnify, defend, and hold harmless the City, its departments and divisions, its employees and agents, from any and all claims, liabilities, expenses or lawsuits as a result of the Consultant's negligent acts, errors, or omissions, pursuant to this Agreement, except to the extent said claims, liabilities, expenses or lawsuits arise by the negligent acts or omissions of the City or his/her agents. The Consultant further releases and discharges the City, its departments and divisions, its agents and employees, and any and all persons legally responsible for the acts or omissions of the City, from any and all claims which the Consultant has or may have against the City, its agents or employees, arising out of or in any way connected with the Consultant's activities as set forth below, other than those acts which occur due to the negligence of the City, its employees or agents. 21. No oral order, objection, claim or notice by any party to the other shall affect or modify any of the terms or obligations contained in this Agreement, and none of the provisions of this Agreement shall be held to be waived or modified by reason of any act whatsoever, other than by a definitely agreed waiver or modification thereof in writing. No evidence of modification or waiver other than evidence of any such written notice, waiver or modification shall be introduced in any proceeding. Page 4 of 23 Attachment: Engineering Consultant Agreement with Dibble Engineering, City Contract No. 2019-069 (2126 : Dibble Engineering Contract Packet Pg. 209 9.F.c 22. (A) Changes in Work: The City, without invalidating the Contract, may order extra work, make changes by altering, or delete any portion of the work as specified herein, or as deemed necessary or desirable by the Airport Director. All such work shall be executed under the conditions of the original Contract except that any claim for extension of time and additional cost caused thereby shall be made at the time of ordering such change or extra work. (B) Extra work shall be that work not indicated or detailed on the Scope of Work and not specified. Such work shall be governed by all applicable provisions on the Contract Document. (C) In giving instructions, the Airport Director shall have authority to make minor changes in the work, not involving extra cost, and not inconsistent with the purposes of the work. No extra work or change shall be made unless in pursuance of a written order by the Airport Director and no claim for an addition to the total amount of the Contract shall be valid unless so ordered. (D) Payment for any change ordered by the Airport Director which involves work essential to complete the Contract, but for which no basis of payment is provided for herein, shall be subject to agreement prior to said work being performed. (E) Adjustments to price and/or Contract Time which are agreed upon shall be incorporated in the written order issued by the Airport Director, which shall be written so as to indicate acceptance on the part of the Consultant as evidenced by its signature. In the event prices cannot be agreed upon, the City reserves the right to terminate the Contract as it applies to the items in question and make such arrangements as it may deem necessary to complete the work, or it may direct the Consultant to proceed with the items in question to be reimbursed pursuant to the unit prices in the Consultant fee proposal. (F) If the Consultant claims that any instructions involve extra cost under this Contract, it shall give the Airport Director written notice thereof within forty-eight (48) hours after the receipt of such instructions, and in any event before proceeding to execute the work. No such claim shall be valid unless so made. The Consultant shall do such extra work therefor upon receipt of an accepted Contract Amendment or other written order of the Airport Director and in the absence of such Contract Amendment or other written order of the Airport Director, the Consultant shall not be entitled to payment for such extra work. In no case shall work be undertaken without written notice from the Airport Director to proceed with the work. All Contract Amendments must be approved by the Airport Director. Contract Amendments over $10,000.00 must be approved by City Council; Contract Amendments under $10,000.00 may be approved administratively by the City. 23. (A) The Consultant shall obtain and maintain in effect during the term of, and until final acceptance of all work under this Agreement, a policy or policies of liability insurance with the following coverage: 1) Commercial General Liability — Occurrence Form (if applicable) Page 5 of 23 co c 0 0 a) c c d w c a) c w a> .0 .0 <o (.1 o) co d)0 T 0 N 0 z I.; •CO 0 0 4 0 0) c CD c .a c w a) Ta r 3 r c a) E ow d rn a c :° c 0 c 0 0 am c .` a m) c .0) c w c a) E .c 0 0 t a Packet Pg. 210 9.F.c Policy shall include bodily injury, property damage, personal injury, broad form contractual liability, and XCU coverage. c1r General Aggregate $ 2,000,000 c 0 0 Products — Completed Operations Aggregate $ 2,000,000 CD Personal and Advertising Injury $ 1,000,000 c a) Each Occurrence $ 1,000,000 w o Fire Legal Liability (Damage to Rented Premises) $ 100,000 6 QD The policy shall be endorsed to include the following additional insured language: N "The City of Prescott shall be named as an additional insured with respect to liability o arising out of the activities performed by, or on behalf of the Consultant." o) T 0 2) Professional Liability (Errors and Omissions Liability) o z r Each Claim $ 1,000,000 a Annual Aggregate $ 2,000,000 0 0 In the event that the professional liability insurance required by this Contract is written on a r U claims -made basis, Consultant warrants that any retroactive date under the policy shall a, precede the effective date of this Contract and that either continuous coverage will be maintained or an extended discovery period will be exercised for a period of two (2) years at c the time work under this contract is completed. w The policy shall cover professional misconduct or lack of ordinary skill for those positions 72 defined in the Scope of Work of this contract. o r 3) Business Automobile Liability (if applicable) Bodily Injury and Property Damage for 3 any owned, hired, and/or non -owned vehicles used in the performance of this Contract. d E a) Combined Single Limit (CSL) $ 1,000,000 6 a (B) City and Consultant waive all rights against each other and their directors, officers, a partners, commissioners, officials, agents, sub -contractors and employees for damages m covered by property insurance during and after completion of the Services. o U (C) All insurance required pursuant to this Agreement must be written by an insurance c company authorized to do business in the State of Arizona, to be evidenced by a Certificate a of Authority as defined in ARS Section 20-217, a copy of which certificate is to be attached c, to each applicable bond or binder. LJ w r (D) Prior to commencing work under this Agreement, the Consultant shall provide City with E evidence that it is either a "self -insured employer" or a "carrier insured employer" for c co r a Page 6 of 23 Packet Pg. 211 9.F.c Workers' Compensation as required by ARS 23-901 et seq., or that it employs no persons subject to the requirement for such coverage. (E) Notice of Cancellation: With the exception of a ten (10) day notice of cancellation for non-payment of premium, any changes material to compliance with this contract in the insurance policies above shall require a thirty (30) day written notice. c (F) Acceptability of Insurers: Insurance is to be placed with insurers with a current A.M. Best's rating of no Tess than A-VII, unless otherwise approved by the City of Prescott Risk w Management Division. All insurance is to be placed with an insurer admitted in the state in ap which operations are taking place. (G) Verification of Coverage: Consultant shall furnish the City with certificates of insurance (ACORD form or equivalent approved by the City) as required by this Contract. The certificates for each insurance policy are to be signed by a person authorized by that insurer co to bind coverage on its behalf. Please note the contract number on the Certificate. 0 24. The Consultant, with regard to the work performed by it after award and during its c performance of this contract, will not discriminate on the grounds of race, color, national Z origin, religion, sex, disability or familial status in the selection and retention of sub - Consultants, including procurement of materials and leases of equipment. The Consultant will not participate either directly or indirectly in the discrimination prohibited by or pursuant 0 to Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, Section 109 of the Housing and Community Development Act of 1974, the Age Discrimination Act of 1975, the Americans With Disability Act (Public Law 101-336, 42 U.S.C. 12101-12213) and all applicable federal regulations under the Act, and Arizona c Governor Executive Orders 99-4, 2000-4 and 2009-09 as amended. 71r) w 25. Consultant Immigration Warranty Consultant understands and acknowledges the applicability to it of the American with Disabilities Act, the Immigration Reform and Control Act of 1986 and the Drug Free Workplace Act of 1989. The following is only applicable to construction contracts: The Consultant must also comply with A.R.S. § 34-301, "Employment of Aliens on Public Works Prohibited", and A.R.S. § 34-302, as amended, "Residence Requirements for Employees". CD, Under the provisions of A.R.S. § 41-4401, Consultant hereby warrants to the City that the Consultant and each of its sub -contractors ("Sub -contractors") will comply with, and are contractually obligated to comply with all Federal Immigration laws and regulations that relate to their employees and A.R.S. § 23-214(A) (hereinafter "Consultant Immigration w Warranty"). A breach of the Consultant Immigration Warranty shall constitute a material breach of this Contract and shall subject the Consultant to penalties up to and including termination of this w Contract at the sole discretion of the City. d . E Page 7 of 23 Packet Pg. 212 9.F.c The City retains the legal right to inspect the papers of any Consultant or Sub -contractors employee who works on this Contract to ensure that the Consultant or Sub -contractor is complying with the Consultant Immigration Warranty. Consultant agrees to assist the City in regard to any such inspections. The City may, at its sole discretion, conduct random verification of the employment records of the Consultant and any of sub -contractors to ensure compliance with Consultant's Immigration Warranty. Consultant agrees to assist the City in regard to any random verification performed. Neither the Consultant nor any Sub -contractor shall be deemed to have materially breached the Consultant Immigration Warranty if the Consultant or Sub -contractor establishes that it has complied with employment verification provisions prescribed by sections 274A and 274B of the Federal Immigration and Nationality Act and the E-Verify requirements prescribed by A.R.S. § 23-214, Subsection A. The provisions of this Article must be included in any contract the Consultant enters into with any and all of its sub -contractors who provide services under this Contract or any sub- contract. "Services" are defined as furnishing labor, time or effort in the State of Arizona by a Consultant or sub -contractor. Services include construction or maintenance of any structure, building or transportation facility or improvement to real property. 26. Consultant shall exercise the same degree of care, skill and diligence in the performance of the Services as is ordinarily possessed and exercised by a Consultant under similar circumstances. 27. Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than City and Consultant. 28. In the event of a discrepancy between this Agreement and Exhibit "A", this Agreement shall control over Exhibit "A". 29. Non -Availability of Funds: Fulfillment of the obligation of the City under this Agreement is conditioned upon the availability of funds appropriated or allocated for the performance of such obligations. If funds are not allocated and available for the continuance of this Agreement, this Agreement may be terminated by the City at the end of the period for which the funds are available. No liability shall accrue to the City in the event this provision is exercised, and the City shall not be obligated or liable for any future payments as a result of termination under this paragraph. 30. Israel: Consultant certifies that 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. Page 8 of 23 P. E 0 U a) c .0 0 c c w a1 .a 0 co N 74 w 9 r O N 0 z ...0 tu c 0 U 4 U di c 'or:0 0 c w 0 .c 3 E au 0 0 0) a ✓ a r a N c 0 U a) T. a> 0 c c w r c au . E a r a Packet Pg. 213 9.F.c Dated this day of , 2018. City of Prescott, a municipal corporation Dibble & Associates Consulting Engineers, c Inc. o U a c .c a> a) c Greg L. Mengarelli, Mayor By: Kenneth L. Snyder, Vice President w 0 .n 0 ATTEST: APPROVED AS TO FORM: N N O co O 0) T Maureen Scott, City Clerk Jon M. Paladini, City Attorney N 0 z r as 0 U A U c d w c a) c w w 0 .c r 3 r a) E d d L. a) Q r c 9a r 3 co c 0 U a c .c a) a) c a) c w r c a1 E t c.) cc Q Page 9 of 23 Packet Pg. 214 9.F.c EXHIBIT "A" GENERAL SCOPE OF SERVICES AIRPORT DESIGN AND ENGINEERING SERVICES FY 2019 - FY 2023 c) PRESCOTT MUNICIPAL AIRPORT r. ARTICLE I SERVICES & PROJECTS 13) The CONSULTANT shall provide the services required in accordance with a Scopes of Services, to be included as part of each individual Authorization for Services for the projects at Prescott Municipal Airport which may include but are not limited to those projects listed below. o CO 1. Design and construction of Airport Perimeter Roads (Phases 1, 2 & 3) N 2. Design and construction of new RSAT projects identified by the Runway Safety Action Team identified during the contract period c 3. Design and construction of new Runway Incursion Mitigation (RIM) projects identified by the RIM study N 4. Design and construction of runway guard lights on TWYs A, C, E, & F z° 5. Construction of Airport Security Upgrades 6. Design and construction of additional Taxiway A exits 7. Design and construction of Taxiway C realignment ci 8. Design and construction of Airport Pavement Preservation Program projects 9. Design and construction of a replacement ARFF station 10. Design and construction of an airport operations and maintenance facility 11. Design and construction of an aircraft wash rack facility 12. Design and construction of an airport fuel storage facility expansion 13. Design and construction of Storm Water Pollution Prevention Program projectsCD 14. Design and construction of replacement Airport Traffic Control Tower .172 15. Design and construction of replacement Airport Terminal 16. Design and construction of 3R/21 L and Taxiway Delta extension 17. Perform airspace obstruction analysis and mitigation project(s) 18. Conduct miscellaneous projects to include Tower Line of Sight Study(s), Airport Survey(s), Electrical Improvements, Airfield Lighting & Signage preventative a maintenance program, etc., as necessary 19. Provide surveys and mapping services for leasehold development 20. Land Acquisition z N Services to be provided at the CITY's request may include, but are not limited to, the following: rn 21. Development and use of a Project Management Plan tO 22. Preparation of Preliminary Engineering Designs and Cost Estimates 23. Preparation of Pre -applications and Applications for Grants 24. Field Surveys w 25. Geotechnical Investigations 26. Pavement Designs 27. Preparation of Engineering Improvement Plans Page 10 of 23 Packet Pg. 215 9.F.c I 28. Preparation of Specifications 29. Preparation of Bid Documents 30. Assistance in Bid Advertisement and Receipt of Bids 31. Bid Analysis and Construction Contract Award Assistance 32. Construction Observation 33. Construction Quality Assurance Testing 34. Construction Management 35. Construction Administration 36. Grant Administration 37. Grant Management 38. Airport Planning 39. Other tasks as directed by the Airport Director A specific Scope of Services will be prepared for each project authorized by the CITY and included in an "Authorization for Services." The CITY will provide written approval for each "Authorization for Services" prior to any work commencing. ARTICLE II TIME OF PERFORMANCE Individual Authorizations for Services will include times of performance for the work tasks covered in said Authorizations. CONSULTANT will perform the services for individual Authorizations for Services with reasonable diligence and expediency consistent with sound professional practices. ARTICLE III CHANGES IN WORK Significant changes in the scope, character, or complexity of the work or services in addition to those specified in the Scope of Services may be negotiated if the CITY determines that such changes are desirable and necessary. No changes in scope of work or amendments to this Agreement shall be made without prior written approval of the CITY, the Arizona Department of Transportation's Multimodal Planning Division — Aeronautics Group (hereinafter "ADOT"), and the Federal Aviation Administration (hereinafter "FAA"). CONSULTANT will supply fee estimates for such additional services on request of the CITY. ARTICLE IV PROJECT MANAGEMENT PLAN AND FORM OF INVOICING For each Authorization for Services, the CONSULTANT shall develop a Project Management Plan and baseline for tracking and updating progress on the project schedule and budget, unless other authorized by the City. The CONSULTANT shall develop and use the agreed upon work breakdown structure based on the contract fee schedule and which identifies activity tasks along with their associated dates, end dates and budgets for the project. The baseline data will be submitted for City approval within 10 days of the date on which the Authorization for Services is signed and delivered by the parties hereto. The baseline and progress data will be used to verify CONSULTANT performance in relationship to fees claimed and to allow the City Project Manager to monitor the Consultant's efforts. The CONSULTANT shall be responsible for any updates to these schedules and for documenting in writing to the City any major deviations in the actual versus estimated projected time frames. On a monthly basis, by the 30th of each month, the CONSULTANT shall submit updated Project Reports, in a format acceptable to the City and conduct a Project Review with the City Project Manager for each assigned project. Page 11 of 23 1 1 L O U d d c En d 0 N UDC) 0 w 0 O z co c O 0 r U .72 d w d p 0 r c E in r co p O U c En c d E t co Packet Pg. 216 9.F.c J The CONSULTANT shall submit monthly invoices to the City for the percentage of the fee corresponding to the percentage of the Consultant's services which have been performed. It is suggested that the CONSULTANT submit an advance draft of the invoice to the City Project Manager for review and comment prior to submitting the invoice for payment. Invoicing shall be o` supported by an Earned Value Report showing the actual tasks performed and their relationship a, to the percentage of fees claimed for each phase. Billings for each major task of work shall be for the percentage of work effort completed to date for that task (earned value). Invoices shall a) also include a completed FAA Standard Form 270 (Non -Construction) or Standard Form 271 c!, (Construction) and State Grant reimbursement form as may be appropriate to the project w a) Should an invoiced amount for fees earned appear to exceed the work effort believed to be completed, the City may, prior to processing of the invoice for payment, require the CONSULTANT to submit satisfactory evidence to support the invoice. If evidence provided is not adequate to support the claimed level of effort, the invoice may be rejected or the approved payment reduced below that billed. co All invoices requesting payment for direct reimbursable or expense items must have copies of 9 actual invoices or receipts attached, which support the amounts invoiced. The City shall make N payments to the CONSULTANT for work performed, based on approved invoices and supporting documentation and deliverables. The foregoing provisions regarding project monitoring, invoicing and payment supersede any conflicting provisions set forth in the RFP, the Consultant's response to the RFP or the Original Contract. 0 U The CONSULTANT shall maintain all books, documents, papers, accounting records, and other evidence pertaining to costs incurred under this contract, and shall make all such materials c3 available to the CITY, or its duly authorized representatives at any reasonable time during the term of work on the contract, and for six (6) years after the date of final payment to the CD CONSULTANT by the CITY for work performed hereunder. ARTICLE V RETENTION OF RECORDS w` a) The CONSULTANT and any subcontractor shall maintain all books, documents, papers, accounting records, and other evidence pertaining to costs incurred under this contract, and shall make all such materials available to the CITY, or its duly authorized representatives at any reasonable time during the term of work on the contract, and for six (6) years after the date of final payment to the CONSULTANT by the CITY for work performed hereunder. ARTICLE VI AUTHORIZED PROJECT MANAGER AND SUB -PROFESSIONALS r The CONSULTANT has designated Jared Bass, PE, as the Project Manager and primary day- to-day contact for the term of this contract, who the City hereby accepts. The CONSULTANT may not assign a different project manager without the express written consent of the City. 0 U The CONSULTANT may, utilize in the performance of this Agreement, without prior approval of the City, personnel or services of Argus Consulting; Civiltec Engineering, Inc.; DWL Architects & Planners; Michael Taylor Architects; Dibble CM; CR Engineers, Inc.; CTBX Aviation; Engineering & Testing Consultants Inc; Speedie & Associates, Inc.; SWCA Environmental Consultants; Cobb Fendley; ESMPR; and Dr. Simbo Odunayiya; as may be appropriate for the w services requested. Any other sub -contractors must first be approved in writing by the City. E .c c) Page 12 of 23 Packet Pg. 217 9.F.c ARTICLE VII RESPONSIBILITY OF CONSULTANT CONSULTANT shall perform its services to the best of its ability in accordance with industry standards, this Agreement, and applicable laws and regulations. CONSULTANT agrees to correct deficiencies resulting from the negligent performance of its services which are discovered and reported to CONSULTANT within one year from the date of completion of its services hereunder. If CONSULTANT does not correct deficiencies as written in this Article, then he shall be liable for the amount necessary to replace the services necessary for such corrections. Under no circumstances shall CONSULTANT, it's subcontractors and suppliers, be liable to CITY for any consequential damages including loss of use or loss of profit, except that CONSULTANT shall be liable to CITY, and shall hold the CITY harmless therefrom, for Toss or damage arising out of or in connection with CONSULTANT'S negligent performance of this agreement. It is understood by CONSULTANT and the CITY that CONSULTANT shall provide insurance against the possibility of such negligence, as provided by Paragraph 23 of this Agreement. ARTICLE VIII STATE FUNDING REQUIREMENTS The CONSULTANT agrees to comply with the provisions of the State of Arizona Executive Order 76-5, as amended by Arizona Executive Order 99-4, relating to equal opportunity which is herein incorporated by reference. ARTICLE IX AUDIT The CONSULTANT shall grant the City of Prescott, ADOT, the FAA, or its duly authorized representatives to have access to any books, documents, papers and records of the CONSULTANT which are directly pertinent to this Agreement for the purpose of making audit, examination, excerpts, and transcriptions. ARTICLE X BREACH OF CONTRACT TERMS - SANCTIONS Any violation or breach of the terms of this Agreement on the part of the CONSULTANT may result in the suspension or termination of this Agreement or such other action which may be necessary to enforce the rights of the parties of this Agreement. ARTICLE XI CERTIFICATION OF THE ENGINEER I hereby certify that I am an officer and duly authorized representative of the firm of Dibble & Associates Consulting Engineers dba Dibble Engineering, whose address is 7878 North 16'h Street, Suite 300, Phoenix, AZ 85020, and that neither I nor the above firm represented has: 1. Employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above CONSULTANT) to solicit or secure this Agreement. 2. Agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out the Agreement; except as here expressly stated. I acknowledge that this certificate is to be furnished to the Federal Aviation Administration of the United States Department of Transportation, in connection with this Agreement involving Page 13 of 23 citu c 0 u am w a� c c w a) 0 co _N N o (o' 0 o) 0 N 0 z r a: r c 0 0 4 0 al c • 0 a) c .0) w a) .0 sa s 3 c a> E 0 0 En Q r c s 4-a N c O 0 rn c 0 a> c .Ea c w r c a) E s c) z a Packet Pg. 218 9.F.c participation of Airport Improvement Program (A.I.P.) funds and is subject to applicable State and Federal Laws, both criminal and civil. DATE Title: Vice President Page 14 of 23 Attachment: Engineering Consultant Agreement with Dibble Engineering, City Contract No. 2019-069 (2126 : Dibble Engineering Contract Packet Pg. 219 9.F.c EXHIBIT "B" FEE SCHEDULE On the first day of July following the Effective Date of this Agreement and annually thereafter, the Fees in Item I and II may be adjusted to an amount determined by multiplying the line item Fees shown by a percentage equal to 100% plus the percentage increase between (1) the Consumer Price Index level most recently published April 1st prior to the Effective Date of this Agreement and (2) the Consumer Price Index level most recently published April 1st prior to the particular anniversary. As used herein, the term "Consumer Price Index" shall mean Consumer Price Index for All Urban Consumers (CPI-U) for the U.S. City Average for All Items, 1982- 84=100, not seasonally adjusted, or the successor of that Index, as published by the Bureau of Labor Statistics, U.S. Department of Labor. Should the Consumer Price Index, as above described cease to be published, a reasonably comparable successor index shall be selected by City. I. DIRECT SALARY COSTS: JOB TITLE (i.e. Project Manager, Administrative Assistant, etc.) A. PRINCIPAL ENGINEER B. SENIOR PROJECT MANAGER C. SENIOR PLANNER D. PROJECT MANAGER E. SENIOR ENGINEER F. PROJECT ENGINEER G. DESIGNER H. ASSISTANT PROJECT ENGINEER I. CAD TECHNICIAN J. ADMINISTRATIVE ASSISTANT AVERAGE RATE ($/HR) $65.30 $59.80 $57.00 $51.20 $47.84 $43.50 $33.64 $30.53 $30.16 $22.88 II. OVERHEAD EXPENSES & PAYROLL BURDEN (AUDITABLE, ESTIMATED AND EXPRESSED AS A FACTOR OF DIRECT SALARY) 1.8506 (OF I.) III. DIRECT EXPENSES A. TRAVEL BY AUTO (Assume 200 miles per trip) $ 100 PER TRIP B. TRAVEL BY AIR (TBD per Authorization for Services as needed) $ TBD PER TRIP PER PERSON C. PER DIEM $ 120 D. MISCELLANEOUS (TBD per Authorization for Services) $ TBD IV. FIXED FEE (PROFIT, LUMP SUM) A. LABOR PLUS OVERHEAD B. DIRECT EXPENSES 10% ZERO % (OF I. & II.) (OF III.) Page 15 of 23 Attachment: Engineering Consultant Agreement with Dibble Engineering, City Contract No. 2019-069 (2126 : Dibble Engineering Contract Packet Pg. 220 9.F.c EXHIBIT "C" FEDERAL PROVISIONS 1. CIVIL RIGHTS ACT OF 1964, TITLE VI — CONTRACTOR CONTRACTUAL REQUIREMENTS During the performance of this contract, the Contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "Contractor") agrees as follows: 1) Compliance with Regulations. The Contractor shall comply with the Regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation (hereinafter, "DOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. 2) Nondiscrimination. The Contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Contractor shall not participate either directly or indirectly in the discrimination prohibited by section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3) Solicitations for Subcontracts, Including Procurements of Materials and Equipment. In all solicitations either by competitive bidding or negotiation made by the Contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Contractor of the Contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. 4) Information and Reports. The Contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the CITY, the Arizona Department of Transportation's Multimodal Planning Division - Aeronautics Group (ADOT), or the Federal Aviation Administration (FAA) to be pertinent to ascertain compliance with such Regulations, orders, and instructions. Where any information required of a Contractor is in the exclusive possession of another who fails or refuses to furnish this information, the Contractor shall so certify to the CITY, ADOT, or the FAA, as appropriate, and shall set forth what efforts it has made to obtain the information. 5) Sanctions for Noncompliance. In the event of the Contractor's noncompliance with the nondiscrimination provisions of this contract, the CITY shall impose such contract sanctions as it or the FAA may determine to be appropriate, including, but not limited to: a. Withholding of payments to the Contractor under the contract until the Contractor complies, and/or b. Cancellation, termination, or suspension of the contract, in whole or in part. 6) Incorporation of Provisions. The Contractor shall include the provisions of paragraphs 1 through 5 in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The Contractor shall take such action with respect to any subcontract or procurement as the Page 16 of 23 Attachment: Engineering Consultant Agreement with Dibble Engineering, City Contract No. 2019-069 (2126 : Dibble Engineering Contract Packet Pg. 221 9.F.c CITY or the FAA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the Contractor may request the CITY to enter into such litigation to protect the interests of the CITY and, in addition, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. 2. AIRPORT AND AIRWAY IMPROVEMENT ACT OF 1982, SECTION 520 - GENERAL CIVIL RIGHTS PROVISIONS The Contractor agrees to comply with pertinent statutes, Executive Orders and such rules as are promulgated to ensure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or disability be excluded from participating in any activity conducted with or benefiting from Federal assistance. This provision binds the Contractor and subcontractors from the solicitation period through the completion of the contract. The Contractor agrees to comply with pertinent statutes, Executive Orders and such rules as are promulgated to ensure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or disability be excluded from participating in any activity conducted with or benefiting from Federal assistance. This provision is in addition to that required by Title VI of the Civil Rights Act of 1964. 3. DISADVANTAGED BUSINESS ENTERPRISES 1) Contract Assurance (§26.13) - The Contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The Contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT assisted contracts. Failure by the Contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy, as the recipient deems appropriate. 2) Prompt Payment (§26.29) - The prime Contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than 30 days from the receipt of each payment the prime Contractor receives from the City of Prescott. The prime Contractor agrees further to return retainage payments to each subcontractor within 30 days after the subcontractor's work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the City of Prescott. This clause applies to both DBE and non -DBE subcontractors. 4. LOBBYING AND INFLUENCING FEDERAL EMPLOYEES 1) No Federal appropriated funds shall be paid, by or on behalf of the Contractor, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any Federal grant and the amendment or modification of any Federal grant. 2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any Federal grant, the Contractor shall complete and submit Standard Form-LLL, "Disclosure of Lobby Activities," in accordance with its instructions. Page 17 of 23 Attachment: Engineering Consultant Agreement with Dibble Engineering, City Contract No. 2019-069 (2126 : Dibble Engineering Contract Packet Pg. 222 9.F.c 5. ACCESS TO RECORDS AND REPORTS The Contractor shall maintain an acceptable cost accounting system. The Contractor agrees to provide the CITY, the Federal Aviation Administration and the Comptroller General of the United States or any of their duly authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to the specific contract for the purpose of making audit, examination, excerpts and transcriptions. The Contractor agrees to maintain all books, records and reports required under this contract for a period of not less than three years after final payment is made and all pending matters are closed. 6. BREACH OF CONTRACT TERMS Any violation or breach of terms of this contract on the part of the Contractor or their subcontractors may result in the suspension or termination of this contract or such other action that may be necessary to enforce the rights of the parties of this agreement. The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 7. TRADE RESTRICTION CLAUSE The Contractor or subcontractor, by submission of an offer and/or execution of a contract, certifies that with respect to this solicitation and any resultant contract, the Contractor — 1) is not owned or controlled by one or more citizens of a foreign country included in the list of countries that discriminate against U.S. firms as published by the Office of the United States Trade Representative (USTR); 2) has not knowingly entered into any contract or subcontract for this project with a person that is a citizen or national of a foreign country included on the list of countries that discriminate against U.S. firms as published by the USTR; and 3) has not entered into any subcontract for any product to be used on the Federal project that is produced in a foreign country included on the list of countries that discriminate against U.S. firms published by the USTR. This certification concerns a matter within the jurisdiction of an agency of the United States of America and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18 USC Section 1001. The Contractor must provide immediate written notice to the Owner if the Contractor learns that its certification or that of a subcontractor was erroneous when submitted or has become erroneous by reason of changed circumstances. The Contractor must require subcontractors provide immediate written notice to the Contractor if at any time it learns that its certification was erroneous by reason of changed circumstances. Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49 CFR 30.17, no contract shall be awarded to a Contractor or subcontractor: 1) who is owned or controlled by one or more citizens or nationals of a foreign country included on the list of countries that discriminate against U.S. firms published by the USTR or 2) whose subcontractors are owned or controlled by one or more citizens or nationals of a foreign country on such USTR list or Page 18 of 23 Attachment: Engineering Consultant Agreement with Dibble Engineering, City Contract No. 2019-069 (2126 : Dibble Engineering Contract Packet Pg. 223 9.F.c 3) who incorporates in the public works project any product of a foreign country on such USTR list. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by this provision. The knowledge and information of a contractor is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. The Contrator agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certification without modification in all lower tier subcontracts. The Contractor may rely on the certification of a prospective subcontractor that it is not a firm from a foreign country included on the list of countries that discriminate against U.S. firms as published by USTR, unless the Contractor has knowledge that the certification is erroneous. This certification is a material representation of fact upon which reliance was placed when making an award. If it is later determined that the Contractor or subcontractor knowingly rendered an erroneous certification, the Federal Aviation Administration (FAA) may direct through the Owner cancellation of the contract or subcontract for default at no cost to the Owner or the FAA. 8. TERMINATION OF CONTRACT 1) The CITY may, by written notice, terminate this contract in whole or in part at any time, either for the CITY's convenience or because of failure to fulfill the contract obligations. Upon receipt of such notice services shall be immediately discontinued (unless the notice directs otherwise) and all materials as may have been accumulated in performing this contract, whether completed or in progress, delivered to the CITY. 2) If the termination is for the convenience of the CITY, an equitable adjustment in the contract price shall be made, but no amount shall be allowed for anticipated profit on unperformed services. 3) If the termination is due to failure to fulfill the Consultant's obligations, the CITY may take over the work and prosecute the same to completion by contract or otherwise. In such case, the Contractor shall be liable to the CITY for any additional cost occasioned to the CITY thereby. 4) If, after notice of termination for failure to fulfill contract obligations, it is determined that the Contractor had not so failed, the termination shall be deemed to have been effected for the convenience of the CITY. In such event, adjustment in the contract price shall be made as provided in paragraph 2 of this clause. 5) The rights and remedies of the CITY provided in this clause are in addition to any other rights and remedies provided by law or under this contract. 9. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION 1) Certification Regarding Debarment and Suspension (Non -Procurement) — Title 2 CFR Part 180 & Title 2 CFR Part 1200 The contract agreement that ultimately results from this solicitation is a "covered transaction" as defined by Title 2 CFR Part 180. Bidder must certify at the time they submit their Page 19 of 23 Attachment: Engineering Consultant Agreement with Dibble Engineering, City Contract No. 2019-069 (2126 : Dibble Engineering Contract Packet Pg. 224 9.F.c proposal that neither it nor its principals are presently debarred or suspended by any Federal department or agency from participation in this transaction. The bidder with the successful bid further agrees to comply with Title 2 CFR Part 1200 and Title 2 CFR Part 180, Subpart C by administering each lower tier subcontract that exceeds $25,000 as a "covered transaction". 2) Certification Regarding Debarment and Suspension (Non -Procurement) — Title 2 CFR Part 1200 and Title 2 CFR Part 180, Subpart C The successful bidder by administering each lower tier subcontract that exceeds $25,000 as a "covered transaction" must verify each lower tier participant of a "covered transaction" under the project is not presently debarred or otherwise disqualified from participation in this federally assisted project. The successful bidder shall accomplish this by: i. Checking the System for Award Management at website: http://www.sam.gov ii. Collecting a certification statement similar to paragraph 1. iii. Inserting a clause or condition in the covered transaction with the lower tier contract If the FAA later determines that an individual failed to tell a higher tier that they were excluded or disqualified at the time they entered the covered transaction with that person, the FAA may pursue any available remedy, including suspension and debarment. 10. PUBLIC AVAILABILITY OF GRANT FUNDED DOCUMENTS/MATERIALS All AIP funded projects which result in publicly -available documents must be made available without restriction. No member of the public should be required to provide their name, address, telephone numbers, e-mail address, or other information in order to view or download the information. Airports should be advised that if they, or other agents of the airport, including Contractor's, post documents, they must be available for download without restriction or registration. Further, no other entity, including Contractor's, may post such documents on their own websites if those sites require registration, even if the document is posted elsewhere without registration requirements. 11. CONTRACT WORKHOURS AND SAFETY STANDARDS ACT REQUIREMENTS 1) Overtime Requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic, including watchmen and guards, in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 2) Violation; Liability for Unpaid Wages; Liquidated Damages. In the event of any violation of the clause set forth in paragraph (1) of this clause, the Contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of Page 20 of 23 Attachment: Engineering Consultant Agreement with Dibble Engineering, City Contract No. 2019-069 (2126 : Dibble Engineering Contract Packet Pg. 225 9.F.c the clause set forth in paragraph (1) of this clause, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this clause. 3) Withholding for Unpaid Wages and Liquidated Damages. The Federal Aviation Administration (FAA) or the Owner shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this clause. 4) Subcontractors. The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs (1) through (4) and also a clause requiring the subcontractor to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this clause. 12. TEXTING WHEN DRIVING In accordance with Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving", (10/1/2009) and DOT Order 3902.10, "Text Messaging While Driving", (12/30/2009), the Federal Aviation Administration encourages recipients of Federal grant funds to adopt and enforce safety policies that decrease crashes by distracted drivers, including policies to ban text messaging while driving when performing work related to a grant or subgrant. In support of this initiative, the Owner encourages the Contractor to promote policies and initiatives for its employees and other work personnel that decrease crashes by distracted drivers, including policies that ban text messaging while driving motor vehicles while performing work activities associated with the project. The Contractor must include the substance of this clause in all sub -tier contracts exceeding $3,500 that involve driving a motor vehicle in performance of work activities associated with the project. 13. EQUAL OPPORTUNITY CLAUSE During the performance of this contract, the Contractor agrees as follows: 1) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are Page 21 of 23 Attachment: Engineering Consultant Agreement with Dibble Engineering, City Contract No. 2019-069 (2126 : Dibble Engineering Contract Packet Pg. 226 9.F.c treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identify, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff, or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin. 3) The Contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. t ca c 0 U a) c a) a) c .0) c w a) 70 0 co N a) 0 am 4) The Contractor will comply with all provisions of Executive Order 11246 of September N 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. zd 5) The Contractor will furnish all information and reports required by Executive Order 11246 ca of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, c or pursuant thereto, and will permit access to his books, records, and accounts by the o administering agency and the Secretary of Labor for purposes of investigation to r ascertain compliance with such rules, regulations, and orders. i3 di 6) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this r. contract or with any of the said rules, regulations, or orders, this contract may be a canceled, terminated, or suspended in whole or in part and the Contractor may be •� declared ineligible for further Government contracts or federally assisted construction w contracts in accordance with procedures authorized in Executive Order 11246 of a, September 24, 1965, and such other sanctions may be imposed and remedies invoked .0 as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or o order of the Secretary of Labor, or as otherwise provided by law. 3 7) The Contractor will include the portion of the sentence immediately preceding paragraph 5 (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase E order unless exempted by rules, regulations, or orders of the Secretary of Labor issued P. pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such a) a provisions will be binding upon each subcontractor or vendor. The Contractor will take c such action with respect to any subcontract or purchase order as the administering .1° agency may direct as a means of enforcing such provisions, including sanctions for 0 noncompliance: Provided, however, that in the event a contractor becomes involved in, or is o threatened with, litigation with a subcontractor or vendor as a result of such direction by the 0 administering agency the Contractor may request the United States to enter into such c litigation to protect the interests of the United States. d c 14. SEISMIC SAFETY w r c a) E ca a In the performance of design services, the Consultant agrees to furnish a building design and associated construction specification that conform to a building code standard that provides a level of seismic safety substantially equivalent to standards as established by the National Page 22 of 23 Packet Pg. 227 9.F.c 1 Earthquake Hazards Reduction Program (NEHRP). Local building codes that model their building code after the current version of the International Building Code (IBC) meet the NEHRP equivalency level for seismic safety. At the conclusion of the design services, the Consultant agrees to furnish the Owner a "certification of compliance" that attests conformance of the building design and the construction specifications with the seismic standards of NEHRP or an equivalent building code. 15. VETERAN'S PREFERENCE In the employment of labor (excluding executive, administrative, and supervisory positions), the Contractor and all sub -tier contractors must give preference to covered veterans as defined within Title 49 United States Code Section 47112. Covered veterans include Vietnam - era veterans, Persian Gulf veterans, Afghanistan -Iraq war veterans, disabled veterans, and small business concerns (as defined by 15 USC 632) owned and controlled by disabled veterans. This preference only applies when there are covered veterans readily available and qualified to perform the work to which the employment relates. Page 23 of 23 Attachment: Engineering Consultant Agreement with Dibble Engineering, City Contract No. 2019-069 (2126 : Dibble Engineering Contract Packet Pg. 228 ACORD CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDIYYYY) 6/12/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Hester, Heitel & Associates, Inc 6122 N. 7th Street Phoenix AZ 85014 INSURED Dibble & Associates Consulting Engineers, Inc DBA: Dibble Engineering Inc. 7878 N 16th Street Ste 300 Phoenix AZ 85020-4669 CONTACT Kell Antrim NAME: Y PHONE (602)230-7726 E-MAIL ADDRESS: kantrim@hesterheitel.com FAX (602)230-7836 (NC No): -._ INSURER(S) AFFORDING COVERAGE NAIC# INSURERA:Valley Forge Insurance Company 20508 INSURERB:Natl Fire Co. of Hartford 20478 INSURER C : INSURER D :SAMPLE ONLY INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER:SAMPLE ONLY • THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL.SUBR -- - --- LTR TYPE OF INSURANCE POLICY EFF POLICY EXP ----_ - INSD WVD POLICY NUMBER ' (MM/DD/YYYYI (MMIDD/YYYY) LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 A CLAIMS -MADE X OCCUR DAMAGE TO RENTED 500,000 - PREMISES (Ea occurrence) $ X Y 6021713775 11/1/2017 11/1/2018 MED EXP (Any one person) $ 10,000 PERSONAL &ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: �.. GENERAL AGGREGATE $ 4,000,000 X POLICY'. X JECOT- X LOC PRODUCTS - COMP/OPAGG $ 4,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 — . (Ea accident) B X ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED -- -—_--- - --- AUTOS AUTOS X y 6045348049 11/1/2017 11/1/2018 BODILY INJURY (Per accident) $ —II NON -OWNED 1 PROPERTY DAMAGE _ -- HIRED AUTOS AUTOS. $ - - (Per accident) X UMBRELLALIAB X OCCUR EACH OCCURRENCE '. $ 5,000,000 A EXCESSLIAB CLAIMS -MADE AGGREGATE $ 5,000,000 DEU I X RETENTION$ 10,000 6045348097 11/1/2017 111/1/2018 ', $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS' LIABILITY STATUTE ER _ _ Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? N / A E.L. EACH ACCIDENT $ (Mandatory in NH) -- --- E.L. DISEASE - EA EMPLOYEE $ If yes, describe under - - ---- - -- -- --- - - -- DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) **SAMPLE CERTIFICATE. THE FOLLOWING COVERAGES WILL BE AFFORDED IF THE JOB IS REWARDED TO THE INSURED. The City of Prescott and Prescott Municipal Airport are an Additional Insured on both the General Liability and Auto Liability (CG20330704, CG203070704 & CAE_0131_0810) on a primary and non-contributory basis per attached form BPE 2265 9912. 30 day notice of cancellation applies. CERTIFICATE HOLDER CANCELLATION The City of Prescott and Prescott Municipal Airport 6546 Crystal Lane Prescott, AZ 86301 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Sample Only '0 O ©1988-2014 ACORD CORPORATION. All rights resery ORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD f025 (201401) Attachment: SOQ for Airport Design & Engineering Services (2126 : Dibble Engineering Contract STUCKEY INSURANCE £0z •s� ��ed June 13, 2018 City of Prescott Prescott Municipal Airport Design & Engineering Services SOQ #13A1R0516 Re: Dibble & Associates Consulting Engineers, Inc Professional Liability AEE Policy #AEC-9020878-00 Effective 02/28/18 to 02/28/19 To Whom it May Concern: In reference to the above contract, please be advised that the limits required for the Professional Liability coverage will be met as required by the City of Prescott. Yours truly, /6/1,,tA,c_5-4/,I Bruce Schmitz, CIC Account Manager Stuckey Insurance Attachment: SOQ for Airport Design & Engineering Services (2126 : Dibble Engineering Contract 1 UIIit3L-1 ,4�oRO CERTIFICATE OF LIABILITY INSURANCE OP ID: DB DATE(MMIDDIYYYV) 06/13/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 602-264-5533 Stuckey Ins & Assoc Agencies 2850 E Camelback Rd, Suite 325 Phoenix, AZ 85016 Scott Schmidt CONTACT Teresa Alvarado PHONE 602-264-5533 FAX 602-279-9336 (AIC, No, Ext): (A/C, No): ADMRIESS: teresa.alvarado@stuckeyinsurance.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Berkley Insurance Company 32603 INSURED Dibble & Associates Consulting 7878 N. 16th St., Ste. 300 Phoenix, AZ 85020 INSURERS: INSURER C : INSURER 0 : INSURER E : INSURER F : COVERAGES • • THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL I D D BURR WVD POLICY NUMBER I POLICY D YI MICA YI LIMITS COMMERCIAL GENERAL LIABILITY OCCUR EACH OCCURRENCE $ i CLAIMS -MADE DAMAGE PREMSET REoccu once) $ GEN'L MED FRCP (Any one person) $ PERSONAL & ADV INJURY $ AGGREGATE LIMIT APPLIES PER: POLICY l— , 'ECOT [LOC OTHER: GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $ AUTOMOBILE — — LIABILITY ANY AUTO OWNED AUT�OpS ONLY ONLY ' SCHEDULED AUTOS yy Ep _ AUUTOS ONNLY COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ (Perr accidentDAMAGE PAUTOS $ $ — UMBRELLA LIAB EXCESS LAB OCCUR CLAIMS -MADE '' EACH OCCURRENCE $ AGGREGATE $ DED RETENT ON $ $ WORKERS COMPENSATIONPER AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A '', '.., STATUTE ERH- E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ A Professional Liab AEC-9020878-00 02/28/2018', 02/28/2019 Per Claim Aggregate 5,000,000 5,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached I/ more space Is required) Professional Liability - Claims Made - Retro Date 10/31/1962 Re: Prescott Municipal Airport Design and Engineering Services RSOQ#18AP002 CERTIFICATE HOLDER CANCELLATION PO '6d 49)PPed CZPRE-1 City of Prescott Prescott Municipal Airport Director 6546 Crystal Lane Presott, AZ 86301 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE :ORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights resery The ACORD name and logo are registered marks of ACORD Attachment: SOQ for Airport Design & Engineering Services (2126 : Dibble Engineering Contract e0 11 ACORDrM DATE (MM/DD/YYYY) 3/15/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. Client#: 53946 DIBBASSOC CERTIFICATE OF LIABILITY INSURANCE IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER Greyling Ins. Brokerage/EPIC 3780 Mansell Rd. Suite 370 Alpharetta, GA 30022 INSURED Dibble & Associates Consulting 7878 N. 16th St., Ste. 300 Phoenix, AZ 85020 CONTACT: Trudy Henry 1 O A/C, No, Ext 770.552.4225 E-MAIL )' (F/ A/C, No): 866.550.4082 ADDRESS: trudy.henry@greyling.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : Property & Casualty Ins Co of Hartford INSURER B : INSURER C : INSURER D : 34690 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 17- • THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DDIYYYY) 7 LIMITS EACH OCCURRENCE DAMAGE TO RENTED PREMISES (Ea occurrence) $ $ MED EXP (Any one person) $ PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG $ $ $ $ GEN'L AGGREGATE LIMIT APPLIES PER: PRO - POLICY I JECT 1 LOC OTHER: AUTOMOBILE LIABILITY ANY AUTO OWNED AUTOS ONLY HIRED I I AUTOS ONLY SCHEDULED AUTOS NON -OWNED AUTOS ONLY COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY Per accident)$ ( PROPERTY DAMAGE Ter accident) $ $ UMBRELLA LIAB OCCUR EXCESS LIAB CLAIMS -MADE. DED RETENTION $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y / N OFFICER/MEMBER EXCLUDED? N (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A 84WBGCB5943 11/01/2017 11/01/2018 EACH OCCURRENCE $ AGGREGATE X SPER I TATUTE ERH $ $ E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 E.L. DISEASE - POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: Prescott Municipal Airport Design and Engineering Services RSOQ#18AP002 CERTIFICATE HOLDER CANCELLATION SOZ 'Bd 1943ed City of Prescott and Prescott Municipal Airport Director 6546 Crystal Lane Prescott, AZ 86301 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-2015 ACORD CORPORATION. All rights reser RD 25 owla/nst 1 1 Tho ACr1Rn name. and Innn aro raniefarad marke of Af f1Rn #S1 Attachment: SOQ for Airport Design & Engineering Services (2126 : Dibble Engineering Contract Cr 9.G ('PPYor• PRESCOTT MEETING DATE/TYPE: DEPARTMENT: Airport COUNCIL AGENDA MEMO VOTING MEETING 8-14-18 AGENDA ITEM: Approve an amendment to City Contract No. 2011-003A1, which extends the lease term with Guidance Helicopters Inc. by ten years: and to Approve Guidance Helicopter's request to enter into a sublease with Eviation Aircraft Inc. for the airport property known as the MacCurdy Building. Approved By: Michael Lamar, City Manager Item Summary The City has worked with Eviation Aircraft, Inc for over a year to bring their U.S. headquarters to Prescott, AZ. As part of these discussions, Airport based facilities were discussed. During these discussions, Guidance Helicopters Inc. agreed to sublease their facility known as the "MacCurdy Building" located at the Prescott Municipal Airport. In support of this partnership, staff is seeking approval of both the sublease of the MacCurdy Building and the ten-year extension of the master agreement (Contract N. 2011-003A1). Thus, this item proposes to amend City Contract No. 2011-003A1, which removes the two, five year extensions and immediately extends the lease term with Guidance Helicopters Inc. by ten years, ending on July 12, 2030. Additionally this item seeks approval of Guidance Helicopter's request to enter into a sublease with Eviation Aircraft Inc. for the property known as the MacCurdy Building. Attachments 1. City Contract No. 2011-003A1 Recommended Action: MOVE to Approve an amendment to City Contract No. 2011- 003A1 to extend the lease term with Guidance Helicopters Inc. by ten years, and to approve the Guidance Helicopter Inc. request to enter into a sublease with Eviation Aircraft Inc. for the airport property known as the MacCurdy Building. Packet Pg. 229 9.G.a Contract No. 2011-003A1 AMENDMENT NUMBER ONE TO AIRPORT GROUND LEASE WITH GUIDANCE HELICOPTERS, INC. THIS AMENDMENT NUMBER ONE TO AIRPORT GROUND LEASE, is by and between the CITY OF PRESCOTT, an Arizona municipality (hereinafter referred to as "City" and/or "Lessor") and GUIDANCE HELICOPTERS, INC. (hereinafter referred to as "Guidance" and/or "Lessee"). Lessor and Lessee may be jointly called the "Parties", or individually, the "Party". WHEREAS, City and Guidance entered into an Airport Ground Lease 2011-003, on July 10, 2011, ("Lease"), whereby the City leased to Guidance certain property at the Prescott Municipal Airport; and, WHEREAS, the current lease has a ten (10) year term, with two five year options to extend the term; and WHEREAS, the current Lease, with the ten (10) year term is set to expire on July 12, 2020; and, WHEREAS, the parties wish to mutually amend the Lease to extend the term of the Lease until July 12, 2030; and eliminating any renewal options; and, WHEREAS, amending the Lease is in the best interest of the public health, safety and welfare. NOW THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, City and Lifeline agree to mutually amend Lease Agreement 2011-003, effective immediately upon execution of this Amendment Number One, and to modify Lease Agreement 2011-003 as follows: SECTION ONE. THAT ARTICLE III (TERM; EXTENSION OPTIONS) as currently contained in Lease Agreement 2011-003 is stricken in its entirety and shall now (2011-003A1) provide as follows: Attachment: City Contract No. 2011-003A1 (2105 : Guidance Helicopters Lease, City Contract No. 2011-003A1) Packet Pg. 230 9.G.a "ARTICLE III. (TERM) The term of this Airport Ground Lease shall expire on July 12, 2030, unless earlier terminated under the Lease provisions." SECTION TWO. THAT all other terms and conditions of Airport Ground Lease 2011-003 remain in full force and effect throughout the term of this Lease. In the event of any inconsistencies between the Lease and this Amendment Number One, the terms of this Amendment Number One shall control. Except as expressly set forth in this Amendment Number One, Airport Ground Lease 2011-003 is otherwise unmodified and remains in full force and effect. DATED THIS Day of , 2018. Lessee: GUIDANCE HELICOPTERS, INC. By: Printed Name Title Lessor: CITY OF PRESCOTT, an Arizona municipality By: GREG L. MENGARELLI, Mayor ATTEST: APPROVED AS TO FORM: MAUREEN SCOTT JON M. PALADINI City Clerk City Attorney Attachment: City Contract No. 2011-003A1 (2105 : Guidance Helicopters Lease, City Contract No. 2011-003A1) Packet Pg. 231 Contract No. 2011-003A1 AMENDMENT NUMBER ONE TO AIRPORT GROUND LEASE WITH GUIDANCE HELICOPTERS, INC. THIS AMENDMENT NUMBER ONE TO AIRPORT GROUND LEASE, is by and between the CITY OF PRESCOTT, an Arizona municipality (hereinafter referred to as "City" and/or "Lessor") and GUIDANCE HELICOPTERS, INC. (hereinafter referred to as "Guidance" and/or "Lessee"). Lessor and Lessee may be jointly called the "Parties", or individually, the "Party". WHEREAS, City and Guidance entered into an Airport Ground Lease 2011-003, on July 10, 2011, ("Lease"), whereby the City leased to Guidance certain property at the Prescott Municipal Airport; and, WHEREAS, the current lease has a ten (10) year term, with two five year options to extend the term; and WHEREAS, the current Lease, with the ten (10) year term is set to expire on July 12, 2020; and, WHEREAS, the parties wish to mutually amend the Lease to extend the term of the Lease until July 12, 2030; and eliminating any renewal options; and, WHEREAS, amending the Lease is in the best interest of the public health, safety and welfare. NOW THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, City and Lifeline agree to mutually amend Lease Agreement 2011-003, effective immediately upon execution of this Amendment Number One, and to modify Lease Agreement 2011-003 as follows: SECTION ONE. THAT ARTICLE III (TERM; EXTENSION OPTIONS) as currently contained in Lease Agreement 2011-003 is stricken in its entirety and shall now (2011-003A1) provide as follows: "ARTICLE III. (TERM) The term of this Airport Ground Lease shall expire on July 12, 2030, unless earlier terminated under the Lease provisions." SECTION TWO. THAT all other terms and conditions of Airport Ground Lease 2011-003 remain in full force and effect throughout the term of this Lease. In the event of any inconsistencies between the Lease and this Amendment Number One, the terms of this Amendment Number One shall control. Except as expressly set forth in this Amendment Number One, Airport Ground Lease 2011-003 is otherwise unmodified and remains in full force and effect. DATED THIS Day of , 2018. Lessee: GUIDANCE HELICOPTERS, INC. By: Printed Name Title Lessor: CITY OF PRESCOTT, an Arizona municipality By: GREG L. MENGARELLI, Mayor ATTEST: APPROVED AS TO FORM: MAUREEN SCOTT JON M. PALADINI City Clerk City Attorney 9.H ('Pl`Vor PRESCOTT 1J'C, e1l'. r f 1($, ct t„Y1 MEETING DATE/TYPE: COUNCIL AGENDA MEMO VOTING MEETING 8-14-18 DEPARTMENT: Public Works AGENDA ITEM: Award of City Contract No. 2019-072 with Raftelis Financial Consultants, Inc. to review, update and develop a Development Impact Fees Study with Associated Documents, and provide an Analysis and Development of Utility and Solid Waste Rates, in an amount not to exceed $236,000.00. Approved By: Michael Lamar, City Manager Item Summary This item is to award a contract to Raftelis for all analyses, calculations, development of supporting documents and ancillary materials necessary to update Development Impact Fees (DIF) (Police, Fire, Parks, Library, Streets, Water, and Wastewater), utility rates (water and wastewater) and solid waste rates (trash and recycling). Background The City started collecting Development Impact Fees (DIF) for our Wastewater Utilities in 1980, Water Utility in 1982, and for other functions (Police, Fire, Parks, Recreation, Library, and Streets) in 1995. Arizona Senate Bill 1525 became effective December 31, 2011, putting significant restrictions and limitations on which services and how Development Impact Fees could be assessed. In 2012, the City worked with the Raftelis team, formerly Red Oak Consulting, to develop DIFs in compliance with the new state law. During the process, several of the City's existing DIF were eliminated because they were no longer allowed by state law or there were no projects that met the new restrictive criteria. Council adopted the new limited DIF and increased utility rates, necessary to make up the shortfall from DIFs, effective August 1, 2014. Those rates are still in effect today. This new contract, with Raftelis, provides the City Council and community a review of costs associated with providing public services and how they will be funded. The first part of the evaluation will review capital projects and determine if any of the previously eliminated fees can be reestablished to help fund growth related projects. At this checkpoint, the City Council will make a decision as to which fees will continue to be assessed, with the actual amounts to be determined through detailed analyses in accordance with state law. Packet Pg. 232 9.H AGENDA ITEM: Award of City Contract No. 2019-072 with Raftelis Financial Consultants, Inc. to review, update and develop a Development Impact Fees Study with Associated Documents, and provide an Analysis and Development of Utility and Solid Waste Rates, in an amount not to exceed $236,000.00. The 2018 Water and Wastewater Models Masterplan being developed by Carollo Engineers is to be completed in 2018, and will be used in the Raftelis study for any water and wastewater fees and rates. Raftelis will review and validate the service benefit areas for representative allocation of costs/fees based on justifiable percentages to be determined. Rate Study The City operates the water utility, wastewater utility, and solid waste function as enterprises funds which means it is our intent that the rates charged users cover the costs of operating, maintenance, and capital (not covered by DIF). This contract with Raftelis includes updating the water and wastewater rate study they performed in 2014. As part of the update, they will implement Council current funding or rate structure goals. Over the last several years, the state legislature has made several changes eliminating the City's ability to determine how solid waste services are provided in our community. These changes have caused significant strain on the City's Solid Waste Enterprise Fund, putting some of the additional services this fund provides in jeopardy of being eliminated because of available funding. These additional services include household hazardous waste disposal, Christmas tree disposals, spring/fall cleanup program, and downtown/special events increased pickups. Part of the study will be a review and discussion with Council of how and if these services will be funded in the future. Solid waste rates were adjusted through an internal review in 2017. The Raftelis study will include a detailed review of the cost of services for each of our solid waste functions including residential, commercial, roll -off, recycling, and transfer station services. Procurement of Professional Services On June 28, 2018, the City received two (2) Statements of Qualification for this publicly advertised project. Pursuant to professional services selection procedures, the submittals were subsequently ranked. Raftelis emerged as the top ranked firm for the project. The attached scope of services and fees were negotiated thereafter. Schedule Commence Work August 2018 Utility Rates Study Complete December 2018 (Target fees effective date 1/1/2019) Impact Fee Study Complete June 2019 2 Packet Pg. 233 9.H AGENDA ITEM: Award of City Contract No. 2019-072 with Raftelis Financial Consultants, Inc. to review, update and develop a Development Impact Fees Study with Associated Documents, and provide an Analysis and Development of Utility and Solid Waste Rates, in an amount not to exceed $236,000.00. (Target fees effective date 7/1/2019) Financial Impact This study is funded in the FY19 budget. It will be paid from impact fee and utility funds. Attachments 1. Raftelis Scope of Work -Prescott DIF and Rate Study Recommended Action: MOVE to award City Contract No. 2019-072 to Raftelis Financial Consultants, Inc. in the amount of $236,000.00. 3 Packet Pg. 234 RAFTELIS 9.H.a August 8, 2018 City of Prescott City Clerk's Office 201 S. Cortez Avenue Prescott, AZ 86303 Subject: Utility and Non -Utility Development Impact Fees and Associated Documents and Water, Wastewater and Solid Waste Rate Study Dear Members of the Selection Committee: Raftelis Financial Consultants, Inc. (Raftelis) is pleased to submit our proposal to the City of Prescott (City) to provide Utility and Non -Utility Development Impact Fee (DIF) and Associated Documents and Water, Wastewater and Solid Waste Utility Rate Study consulting services. We have added to our team Municipal Solid Waste (MSW) Consultants to lead the Solid Water Utility Rate Study; MSW will be a sub -consultant to Raftelis and has served in this capacity on a number of related Raftelis projects. The study is organized around the following four study phases or major study components proposed to be completed in parallel: • Water, Wastewater and Water Resource Utility DIF and associated documents • Non -utility DIF feasibility evaluation, analysis and associated documents • Water and Wastewater utility rate study • Solid Waste utility rate study For each phase, we have provided a statement of understanding, project approach, project schedule, and not -to -exceed fee. The not -to -exceed fee for each phase is summarized in the table below. Study Phase Water, Wastewater and Water Resource Utility DIF and Associated Documents Non -utility DIF Feasibility Evaluation, Analysis and Associated Documents Water and Wastewater Utility Rate Study Solid Waste Utility Rate Study Total Not -to -Exceed Fee $65,000 58,000 69,000 44.000 $236,0000 All four phases anticipate project initiation in August 2018 and accelerated project schedules which anticipate utility and non -utility DIFs effective July 1, 2019 and water, wastewater and solid waste rates effective February 1, 2019. Each phase also incorporates the Arizona Revised Statute (ARS) requirements for notice of intent, public hearings and fee adoption which effects the separate phase study timelines and requirements to meet the anticipated effective dates previously referenced. 5619 DTC Parkway. Srdte 850 Greenwood Village. CO 80111 Attachment: Raftelis Scope of Work -Prescott DIF and Rate Study (2124 : Rate & Fee Study Contract with Raftelis) www.raftellscorr Packet Pg. 235 9.H.a Members of the City of Prescott Selection Committee Utility and Non -Utility DIF and Associated Documents and Water, Wastewater and Solid Water Utility Rate Study Proposal August 8, 2018 Page 2 To complete each of the four phases under the proposed project timeline, we have assembled an experienced project team of DIF and utility rate professionals. The attached project approach provides for each of the four phases to be led by the following experienced project managers: • Water, Wastewater and Water Resource Utility DIF study — Andrew Rheem • Non -utility DIF study — Dwayne Guthrie • Water and Wastewater Rate Study — Andrew Rheem • Solid Waste Rate Study — David Davis The project managers for each phase will be assisted by qualified and experienced consultants to complete interim and final study analysis, findings and recommendations. Andrew Rheem will serve as the administrative study contact for the engagement. While I do not have a formal role within the proposed study, I will be available to assist if requested by the City to ensure that the Raftelis and MSW Consultant project team meets the City's objectives and expectations for each of the four phases and the overall study requirements. Please contact me at 303-305-1136 / rgardina wraftelis.com or Andrew Rheem at 303-305-1137 / arheem@raftelis.com if you have any questions regarding this proposal. Sincerely, RAFTELIS FINANCIAL CONSULTANTS, INC. ekAci 0 ,dioij,--s Richard D. Giardina Executive Vice President Attachment: Raftelis Scope of Work -Prescott DIF and Rate Study (2124 : Rate & Fee Study Contract with Raftelis) Packet Pg. 236 9.H.a City of Prescott, Arizona Water, Wastewater and Water Resources Utility Development Impact Fees and Associated Documents Water, Wastewater and Water Resources Utility Development Impact Fee Study Statement of Understanding The City has requested a review and update of the City's utility development impact fees (DIFs) to comply with the requirements of the Arizona Revised Statutes (ARS) §9-463.05 which is required to be completed every five years. The study is to affirm and update fees to meet the base rational nexus requirement that DIFs are in response to the impact of new or increased development recovering costs for facilities benefiting new development in proportion to the service level demands recovered through non-discriminatory fees. The City's engineering consultant is completing the Land Use Assumptions (LUA) and capital improvement project cost and timing update tied to the Infrastructure Improvements Plan (IIP) which maintains the current service area boundaries developed as part of the 2014 IIP. The administrative requirements placed on the City through collecting and assessing DIFs will also be factored into the analysis and whether or not the current water and wastewater service areas will be remaining and/or areas may be consolidated will be reviewed within the initial phases of the project. As part of this study, Raftelis will serve as the City's analyst providing advice which is in the best interest of the City and providing a thorough review of costs of facilities required to serve new growth to the City Council and overall community. DIFs are one-time payments for specific public infrastructure that benefits new development. In contrast to project - level improvements, DIFs fund growth -related infrastructure that will benefit multiple development projects, or the entire jurisdiction (referred to as system improvements). Fees must proportionately allocate infrastructure costs to all types of new development. There are three general methods for calculating development fees. The choice of the best method depends primarily on the timing of infrastructure construction (past, concurrent, or future) and service characteristics of the facility type being addressed. Each method can be used simultaneously for different cost components. Regardless of the methodology, a consideration of "credits" is integral to the development of a legally defensible development fee study. In addition, DIF revenues must be used to fund the type of infrastructure for which the fee was collected, while providing a timely and substantial benefit to new development. Furthermore, the City implemented services area -based water and wastewater utility DIFs and a review of the service areas as well as a validation of the make-up of the service areas is a key area of this study. Water resource DIFs are assessed using a single assessment schedule City wide. The City has successfully used water, wastewater and water resource DIFs for many years. The scope of services included in this phase proposal is focused around updating water, wastewater, and water resource DIFs maintained and updated as part of the 2014 study. Raftelis has developed separate phases to address the review of one or more of the six non -utility DIFs eliminated as part of the 2014 study to be completed in a parallel to this update and addressed through a separate scope of services. The core Raftelis project team from the 2014 study is also proposed to complete this update and is uniquely qualified to efficiently complete the project. To meet infrastructure demands from growth, Raftelis will work with the City to update the IIP, and DIFs for water, wastewater, and water resource DIF categories reflecting the updated LUA and utility master plan completed by the City. The proposed scope of services conforms to the requirements of ARS §9-463.05 and legal principles related to DIFs. Attachment: Raftelis Scope of Work -Prescott DIF and Rate Study (2124 : Rate & Fee Study Contract with Raftelis) RAFTELIS Water, Wastewater and Water Resource Utility DIF Study and Associated Documents - Attachment Pad Packet Pg. 237 9.H.a City of Prescott, Arizona Water, Wastewater and Water Resources Utility Development Impact Fees and Associated Documents Project Approach Raftelis has not included a stand-alone task for project management -related activities and has integrated and distributed this critical component key to a successful project within the nine tasks proposed to be completed. Project management activities include working with City staff to establish the project objectives, develop and execute the project schedule, obtain necessary data, understand constraints, and execute the project efficiently and within the proposed schedule. Project management also includes a specific strategy for stakeholder input and consensus building. This process has both an internal and external dimension. TASK 1 Review and Update Demand Factors, Levels of Service, and Geographic Service Areas for Relevant Public Facilities This task includes an evaluation of current service area designations and whether they are prudent in the current or modified form reflecting updates to the underlying demand for new services and recognizing available capacity which may exist within constructed infrastructure. This task includes a review of population projections and other service area growth contained within the updated LUA and master plan. As part of this task, we will project growth in water, wastewater, and water resource demands system -wide as well as within service areas over the 10- year study period reflecting current levels of service by recognized customer classifications. Levels of service and availability of capacity within constructed facilities as well as the proportional requirements of future facility investments allocated amongst existing and future development is central to the evaluation completed within the task as well as projecting requirements of new or increased development. As part of this task, we will also work with City staff to confirm whether or not the existing service areas for water and wastewater will be maintained and/or potentially consolidated into fewer areas consistent with the City objectives, requirements of ARS §9- 463.05 and legal principles related to DIFs. TASK 2 Review Existing Allocation Methodology and Confirm Rational Nexus to Comply with State Statute Requirements This task includes a review and recommendation of the methodology within the buy -in, incremental, or hybrid methodology which best reflects the unit cost of new development consistent with rational nexus requirements of industry practices and §9-463.05 and City objectives. Water and wastewater DIFs reflect a hybrid methodology, whereas calculated fees reflect the unit cost of existing and future expansionary facilities required to serve new development. We will review and recommend a methodology for each of the evaluated DIF categories which will provide the basis for the subsequent task requirements documented within a technical memorandum which details the basis for the recommendations. Attachment: Raftelis Scope of Work -Prescott DIF and Rate Study (2124 : Rate & Fee Study Contract with Raftelis) RAFTERS Water, Wastewater and Water Resource Utility DIF Study and Associated Documents - Attachment Pad Packet Pg. 238 9.H.a City of Prescott, Arizona Water, Wastewater and Water Resources Utility Development Impact Fees and Associated Documents TASK 3 Identify Capacity Needs and Cost This task will include incorporating the capital needs over the 10-year period as documented within the water and wastewater LUA, master plan update, and capital improvement plan (CIP) to develop the IIP associated with DIFs as required by ARS §9-463.05. Raftelis will work with City staff and review relevant data to determine DIF eligible capital projects as well as those related to replacement and other deferred requirements benefiting existing development and those tied to demands placed on the system from new growth in proportion to such demands. We will review cost estimates for developed capital improvements within the CIP and work with City staff to finalize for those to be included within the IIP. Furthermore, revenues dedicated for the repayment of existing or future facilities included within the IIP will be identified within this task and incorporated within the Task 6 calculation and Task 7 cash flow analysis. TASK 4 Determine Need for and Calculate Credits to be Applied Against Capital Costs This task includes a review of applicable development agreements requiring DIF credit and/or reimbursement as well as development of typical on -site facility requirements for new development to avoid "double payment situations" by excluding such facilities from DIF recovery. The City has entered into a variety of development agreements and some may include requirements for credit of DIFs and/or reimbursement of oversized on -site facilities and/or completion of off -site facilities benefiting other developments that will be recognized within the IIP per ARS §9-463.05. Raftelis will summarize the DIF requirements of the City -provided relevant development agreements which will identify the respective requirements within a single memorandum. TASK 5 Discussion of Preliminary Methodologies and Policy Options Through the completion of previous tasks, a compilation of the service level tables and supporting documentation will be finalized within this task. Raftelis will provide draft service level tables and projected demand for services by service area for each DIF category for review by City staff. An on -site meeting is proposed within Task 9 to occur in conjunction with this task as a key "check -in" with City staff regarding the overall study prior to calculation DIFs (Task 6) and/or completion of cash flow analysis (Task 7). TASK 6 Complete Development Fee Methodologies and Calculations This task includes the update of water, wastewater, and water resource DIFs reflecting the analysis and recommendations developed through previous tasks. Raftelis will calculate DIFs for each category and/or multiple service areas within each category as necessary. The calculations will involve two key components. The value of current and/or future facilities benefit new development, (including financing costs) identified through the previous tasks will be divided by the service level capacity of the same facilities to serve new development. We anticipate that the meter size -based fee assessment approach will be maintained, but we will evaluate with City staff the Attachment: Raftelis Scope of Work -Prescott DIF and Rate Study (2124 : Rate & Fee Study Contract with Raftelis) RAFTELIS Water, Wastewater and Water Resource Utility DIF Study and Associated Documents - Attachment Pa€ Packet Pg. 239 9.H.a City of Prescott, Arizona Water, Wastewater and Water Resources Utility Development Impact Fees and Associated Documents appropriateness of alternative assessment mechanism for multi -family developments which may alternatively be assessed per dwelling unit. The results of the initially calculated fees will be evaluated within the Task 7 cash flow analysis prior to finalizing recommended fees for each category and/or service area. TASK 7 Conduct Funding and Cash Flow Analysis Raftelis will evaluate or "test" the cash flow requirements of the calculated DIFs for each fee category and/or service area. The cash flow analysis will incorporate initial financing decisions for future DIF eligible facilities as well as repayment of previously financed improvements for facilities serving new development funded through existing cash balances and future DIF revenues recovered from new development. The forecast period will span a 10-year period with annual results projected. Funding gaps may be met through external financing, previously identified and/or identified through this task, as well as potential intrafund loans particularly if multiple service areas are maintained. Up to three cash flow scenarios are proposed within the base scope of services and through the cash flow analysis. DIFs may be updated to reflect the financing requirements as determined through discussions with City staff, prior to and during an on -site workshop. TASK 8 Preparation of IIP / Development Fee Report Raftelis will prepare a draft IIP and DIF report which documents the overall study including the need, recommended methodology, and material assumptions and considerations including detailed calculations supporting the proposed DIFs and relative assessment fee schedules. Raftelis will prepare a single version of the draft report for review by City staff. The draft report will be provided in an electronic format for staff review and we will incorporate mutually agreed upon changes and provide to the City up to 20 bound copies as well as a .pdf version of the final study report. TASK 9 Presentations / Meetings Presentations to refine and communicate interim and final study recommendations as well as onsite project meetings are proposed to be completed throughout the study. We propose the following to complete on -site project meetings with City staff throughout the project. • Project kick-off meeting to affirm study objectives, gather data and City input, finalize study schedule, and provide the foundation for the study • Project workshop timed around the Task 5 issuance of initial study deliverables and methodology recommendations, as well as discussion of additional policy -related items • Cash flow workshop to refine and finalize preliminary DIFs proposed by fee category To augment on -site meetings, phone calls and/or GoToMeetings will be completed as necessary to support the requirements of the subsequent tasks. Attachment: Raftelis Scope of Work -Prescott DIF and Rate Study (2124 : Rate & Fee Study Contract with Raftelis) RAFTELIS Water, Wastewater and Water Resource Utility DIF Study and Associated Documents - Attachment Pa€ Packet Pg. 240 9.H.a City of Prescott, Arizona Water, Wastewater and Water Resources Utility Development Impact Fees and Associated Documents Raftelis will facilitate up to two Ad Hoc Committee meetings to receive input to refine and finalize study recommendations. We have included an experienced communications expert, Melissa Elliott, on our team to facilitate these meetings. She will be complemented by technical project team members and City staff to review study analysis, obtain insight and feedback from the Ad Hoc Committee members, and to build consensus around preliminary study findings and recommendations as a key element of finalizing study results. Additionally, time for Ms. Elliott to review and assist in the content for the City Council presentation materials and/or public hearings has also been included. Raftelis will present overall study findings and recommendations to City Council. We will attend up to two public hearings required by ARS §9-463.05. The meetings are anticipated to be the notice of intent regarding the IIP and the notice of intent regarding imposition of updated DIFs. Raftelis will be responsible for preparation of meeting and presentation materials. ADDITIONAL SERVICES There are additional tasks that the City may request in addition to the scope of services described previously. Additional tasks may include, but are not limited to: • Additional cash flow scenarios beyond the three included in Task 7. • Attendance at additional project meetings and/or presentations beyond the seven included in the base scope of services. • Completion of a more extensive stakeholder outreach program than the Ad Hoc Committee process referenced within the City's RFP. Attachment: Raftelis Scope of Work -Prescott DIF and Rate Study (2124 : Rate & Fee Study Contract with Raftelis) RAFTELIS Water, Wastewater and Water Resource Utility DIF Study and Associated Documents - Attachment Pa Packet Pg. 241 9.H.a City of Prescott, Arizona Water, Wastewater and Water Resources Utility Development Impact Fees and Associated Documents Schedule Raftelis will complete the scope of services within the timeframe shown in the schedule below. The proposed schedule assumes a notice -to -proceed in August 2018, and that Raftelis will receive the needed data in a timely manner and be able to schedule meetings as necessary. Project completion is estimated for February 2019 with interim steps and deliverable timing detailed below. Task No. 0 1 2 3 4 5 6 7 8 Deliverable / Milestone Project management activities Data request Customer growth by service area, service area evaluation and level of service review update Existing methodology and service area memo DIF eligible CIP Identify dedicated revenues for IIP projects Summarize applicable development agreement for HP Complete DIF credit memo Projected demand for services by service area and fee category DIF calculations by service area and fee category Proposed assessment schedule modifications Cash flow analysis by service area and fee category Complete draft and final HP and DIF report Provide notice for public hearing Project kickoff meeting Project on -site meeting (Task 5) 9 Ad Hoc Committee meeting #1 Ad Hoc Committee meeting #2 City Council meeting #1 City Council meeting #2 / public hearing on DIFs Task / Deliverable Timin. Aug. 2018 to Feb. 2019 Aug. 2018 Aug. to Sep. 2018 Aug. to Sep. 2018 Sep. 2018 Sep. 2018 Aug. to Oct. 2018 Sep. 2018 Oct. 2018 Oct. to Dec. 2018 Nov. 2018 Oct. 2018 to Dec. 2018 Oct. 2018 to Dec. 2018 Dec. 2018 Aug. 2018 Oct. 2018 Oct. 2018 Dec. 2018 Nov. 2018 Jan. 2019 Attachment: Raftelis Scope of Work -Prescott DIF and Rate Study (2124 : Rate & Fee Study Contract with Raftelis) RAFTELIS Water, Wastewater and Water Resource Utility DIF Study and Associated Documents - Attachment Pa€ Packet Pg. 242 9.H.a City of Prescott, Arizona Water, Wastewater and Water Resources Utility Development Impact Fees and Associated Documents Utility DIF Phase Fee Raftelis proposes to complete the Utility DIF study phase scope of work outlined in our proposal on a time -and - materials basis with a not -to -exceed fee of $65,000 including related expenses. The following table provides a breakdown of the estimated level of effort required for completing each task described and the hourly billing rates for the personnel scheduled to complete the project. Expenses included costs associated with travel. On -Site Total Fees & Tasks Meetings AR DG ME SrC Admin Total Expenses 1 Review and Update Demand Factors, Levels of Service, and Geographic Service 0 8 2 0 12 0 22 $4,810 Areas for Relevant Public Facilities 2 Review Existing Allocation Methodology and Confirm Rational Nexus to Comply with 0 4 0 0 4 0 8 $1.760 State Statute Requirements 3. Identify Capacity Needs and Cost 4 Determine Need for and Calculate Credits to be Applied Against Capital Costs 5. Discussion of Preliminary Methodologies and Policy Options 6. Complete Development Fee Methodologies and Calculations 7. Conduct Funding and Cash Flow Analysis 8. Preparation of IIP / Development Fee Report 9. Presentations / Meetings 0 8 0 0 10 0 18 $3,930 0 8 0 0 16 0 24 $5,160 0 4 2 0 6 0 12 $2,640 0 16 2 0 32 0 50 $10,790 0 8 0 0 24 0 32 $6,800 0 12 2 0 24 0 38 $8,210 6 32 2 14 14 6 68 $20,895 Total Estimated Meetings / Hours 6 100 10 14 142 6 272 Hourly Billing Rate $235 $235 $235 $205 $75 Total Professional Fees S23,500 $2,350 $3,290 $29,110 $450 S58,700 AR - Andrew Rheem DG - Dwayne Guthrie ME - Melissa Elliott SrC - Senior Consultant Admin - Administrative Staff Total Fees Total Expenses Total Fees & Expenses $58.700 $6,295 $64,995 Attachment: Raftelis Scope of Work -Prescott DIF and Rate Study (2124 : Rate & Fee Study Contract with Raftelis) PAFTELIS Water, Wastewater and Water Resource Utility DIF Study and Associated Documents - Attachment Pad Packet Pg. 243 9.H.a City of Prescott, Arizona Non -Utility DIF Study and Associated Documents Non -Utility Development Impact Fee Study Statement of Understanding Raftelis will work with the City of Prescott (City) to evaluate the feasibility of non -utility development impact fees (DIFs), including libraries, streets, fire, police, and parks/recreational facilities City-wide and/or within areas of the City experiencing significant growth. The feasibility evaluation will be presented to staff during a web -based meeting. Based on staff input following the feasibility evaluation, Raftelis will prepare presentation slides for a work session with elected officials to review development projections and recommended non -utility impact fees for further evaluations. After receiving policy directives from elected officials, Raftelis will prepare impact fee documentation that complies with the requirements of the Arizona Revised Statutes (ARS) §9-463.05. DIFs are one-time payments for specific public infrastructure that benefits new development. In contrast to project -level improvements, DIFs fund growth -related infrastructure that will benefit multiple development projects, or the entire jurisdiction (referred to as system improvements). Fees must proportionately allocate infrastructure costs to all types of new development. There are three general methods for calculating development fees. The choice of the best method depends primarily on the timing of infrastructure construction (past, concurrent, or future) and service characteristics of the facility type being addressed. Each method can be used simultaneously for different cost components. Regardless of the methodology, a consideration of "credits" is integral to the development of a legally defensible development fee study. In addition, DIF revenues must be used to fund the type of infrastructure for which the fee was collected, while providing a timely and substantial benefit to new development. To meet infrastructure demands from growth, Raftelis will work with the City to create a Land Use Assumptions (LUA), an Infrastructure Improvement Plan (IIP) and DIFs for up to three types of non -utility infrastructure. While up to five non -utility DIFs are subject to the initial feasibility, Raftelis and City staff anticipate up to three fee types will require the comprehensive calculation and if additional fee types are feasible, Raftelis will work with City staff to develop a contract amendment as may be necessary for the additional services. The proposed scope of services conforms to the requirements of ARS §9-463.05 and legal principles related to DIFs. Attachment: Raftelis Scope of Work -Prescott DIF and Rate Study (2124 : Rate & Fee Study Contract with Raftelis) RAFTELIS Non -Utility DIF Study and Associated Documents - Attachment Page 1 Packet Pg. 244 9.H.a City of Prescott, Arizona Non -Utility DIF Study and Associated Documents Project Approach Raftelis has not included a stand-alone task for project management -related activities and has integrated and distributed this critical component within the nine tasks proposed to be completed. Project management activities include working with City staff to establish project objectives, develop and execute the project schedule, obtain necessary data, understand fiscal/political constraints, while completing the project within the proposed budget and schedule. TASK 1 Development Projections, Levels of Service, and Geographic Service Areas for Potential Facilities This task includes an evaluation of service area designations for non -utility impact fees, including libraries, streets, fire, police, and parks/recreational facilities. This task includes a review of population and job projections contained in the updated LUA. While the City has retained an engineering consultant to prepare the LUA necessary for the utility DIFs, the projected growth is anticipated to be developed to support growth in utility accounts and/or equivalent residential units (EQRs) that does not typically include projections of jobs and/or non- residential development per 1,000 square feet which will be required to support the non -utility DIF study requirements. Raftelis anticipates that the LUA residential population and growth assumptions may be modified to support non -utility DIF requirements, but additional analysis will be required to support the non -utility DIF assessment. As part of this task, we will project growth in service units for a study period of the ten years of fiscal year (FY) 2018-19 through FY 2027-28. Raftelis will work with staff to evaluate levels of service and available capacity by type of facilities. TASK 2 Cost Allocation Methodology and Rational Nexus to Comply with ARS Requirements This task includes a review and recommendation of the methodology which best reflects the growth cost to accommodate new development, consistent with ARS §9-463.05 and City policies. In general terms, the dual rationale nexus considers the need for infrastructure expansion and benefit to feepayers from infrastructure improvements. Part of the "need" evaluation includes consideration of other revenue sources such as current fund balances and sales tax dedicated to improvements. TASK 3 Identify Capacity Needs and Cost This task will evaluate the multi -year capital needs over the ten-year study period as provided by City staff and the projected infrastructure required to maintain current levels of service. Raftelis will work with City staff to determine eligible capital projects needed to accommodate new development. We will review cost estimates for infrastructure improvements and work with City staff to allocate costs between existing and new development. Furthermore, revenues dedicated for funding existing or future facilities will be identified, as required by ARS §9- 463.05. Attachment: Raftelis Scope of Work -Prescott DIF and Rate Study (2124 : Rate & Fee Study Contract with Raftelis) Non -Utility DIF Study and Associated Documents - Attachment Page 2 Packet Pg. 245 9.H.a City of Prescott, Arizona Non -Utility DIF Study and Associated Documents TASK 4 Calculate Credits to be Applied Against Capital Costs This task includes a review of Community Facilities Districts (CFDs) and/or applicable development agreements that may require DIF credit and/or reimbursement. DIF adjustments might be necessary for oversized on -site facilities and/or completion of off -site facilities that benefit other developments, as required by ARS §9-463.05. TASK 5 Discussion of Preliminary Methodologies and Policy Options Raftelis will compile service levels and projected demand for infrastructure, by service area, for the five non -utility DIF, including libraries, streets, fire, police, and parks/recreational facilities. Raftelis will conduct a work session with elected officials as a key "check -in" to review feasibility recommendations and receive policy directives included in Task 9. TASK 6 Complete Development Impact Fee Methodologies and Calculations Raftelis will calculate DIFs for up to three types of non -utility infrastructure. Impact fees will be calculated by type of infrastructure, with capital costs allocated by type of development. Raftelis will prepare a presentation containing impact fee tables and bullet points, then conduct a web meeting with the City to review the draft calculations. TASK 7 Conduct Funding and Cash Flow Analysis Raftelis will evaluate cash flow requirements to ensure DIF review covers the growth cost of improvements. The cash flow analysis will incorporate initial financing decisions for future DIF eligible facilities as well as repayment of previously financed improvements for facilities serving new development. The forecast period will span the ten- year study period showing annual results for up to three non -utility DIF types. Funding gaps may be met through external financing and potential internal loans. TASK 8 Preparation of LUA, IIP and Development Impact Fee Report Raftelis will prepare a draft IIP and DIF report which documents the overall study including the need for growth - related improvements, recommended methodologies, and proposed impact fee schedules. Raftelis will prepare a draft report for review by City staff. The draft report will be provided in an electronic format for staff review and we will incorporate mutually agreed upon changes. Raftelis will prepare a single version of the draft report for review by City staff. The draft report will be provided in an electronic format for staff review and we will incorporate mutually agreed upon changes and provide to the City up to 20 bound copies as well as a .pdf version of the final study report. Attachment: Raftelis Scope of Work -Prescott DIF and Rate Study (2124 : Rate & Fee Study Contract with Raftelis) RAFTELIS Non -Utility DIF Study and Associated Documents - Attachment Page 3 Packet Pg. 246 9.H.a City of Prescott, Arizona Non -Utility DIF Study and Associated Documents TASK 9 Presentations / Meetings Our project team includes an experienced communications expert, Melissa Elliott, to facilitate meetings and stakeholder engagement for the up to two Ad Hoc Committee meetings held to review proposed utility DIF requirements included in a separate proposal. She will be complemented by technical project team members and City staff to review study analysis, obtain insight and feedback from the Ad Hoc Committee members, and to build consensus around preliminary study findings and recommendations as a key element of finalizing study results. As Raftelis has already included travel expenses, the additional effort is related to Ms. Elliott's time assisting Mr. Guthrie develop non -utility DIF materials and content for the Ad Hoc meetings. Additionally, time for Ms. Elliott to review and assist in the content for the City Council presentation materials and/or public hearings has also been included. Raftelis will be responsible for preparation of meeting and presentation materials. We propose six on -site meetings throughout the project. • Kick-off meeting to affirm study objectives, gather data, finalize study schedule, followed by in-depth interviews with each Department that might receive impact fee funding (i.e. libraries, streets, fire, police, and parks/recreational facilities) • City Council work session to review feasibility recommendations, as well as discussion of additional policy -related items • Ad Hoc Committee meeting # 1 • Ad Hoc Committee meeting #2 • ARS §9-463.05 required public hearing on LUA and IIP for non -utility impact fees • ARS §9-463.05 required public hearing on non -utility DIFs Raftelis will be responsible for preparation of meeting and presentation materials. The City may choose to substitute one or more of the public hearings for a City Council work session to review preliminary and/or interim study findings and recommendations. To augment on -site meetings, Raftelis will conduct web -based meetings (e.g., GoToMeeting), using presentation slides and interactive audio, to complete project tasks. ADDITIONAL SERVICES There are additional tasks that the City may request in addition to the scope of services described previously. Additional tasks may include, but are not limited to: • Additional cash flow scenarios beyond the three fee types included in Task 7. • Attendance at additional project meetings and/or presentations beyond the six included in the base scope of services. • Completion of the comprehensive DIF update for more than the three DIF types included in Tasks 6, 7, 8 and 9. • Completion of a more extensive stakeholder outreach program than the Ad Hoc Committee process referenced within the City's RFP. Attachment: Raftelis Scope of Work -Prescott DIF and Rate Study (2124 : Rate & Fee Study Contract with Raftelis) Non -Utility DIF Study and Associated Documents - Attachment Page 4 Packet Pg. 247 9.H.a Deliverable / Milestone Project management activities Data request Development projections, levels of services, and geographic services areas for potential facilities 2 Cost allocation methodology and rational nexus to comply with ARS requirements 3 Identify DIF eligible CIP Identify dedicated revenues for IIP projects 4 Summarize applicable development agreement for IIP Complete DIF credit memo Feasibility evaluation recommendation of non -utility DIFs Projected demand for services by service area and fee category 6 DIF calculations by service area and fee type Proposed assessment schedule modifications 7 Finding and cash flow analysis by service area and fee type 8 Complete draft and final LUA, IIP and DIF report Provide notice for public hearing on DIFs Project kickoff meeting and on -site meeting City Council Work Session 9 Ad Hoc Committee meeting #1 Ad Hoc Committee meeting #2 City Council meeting #1 / public hearing on LUA / IIP City Council meeting #2 / public hearing on DIFs City of Prescott, Arizona Non -Utility DIF Study and Associated Documents Schedule Raftelis will complete the scope of services within the timeframe shown in the schedule below. The proposed schedule assumes a notice -to -proceed in August 2018, and that Raftelis will receive the needed data in a timely manner and be able to schedule meetings as necessary. Project completion is estimated for February 2019 with interim steps and deliverable timing detailed below. Task No. 0 1 5 Task / Deliverable Timin. Aug. 2018 to Feb. 2019 Aug. 2018 Aug. to Sep. 2018 Aug. to Sep. 2018 Sep. 2018 Sep. 2018 Aug. to Oct. 2018 Sep. 2018 Oct. 2018 Oct. 2018 Oct. to Nov. 2018 Nov. 2018 Oct. 2018 to Dec. 2018 Oct. 2018 to Dec. 2018 Dec. 2018 Aug. 2018 Oct. 2018 Oct. 2018 Dec. 2018 Nov. 2018 Jan. 2019 Attachment: Raftelis Scope of Work -Prescott DIF and Rate Study (2124 : Rate & Fee Study Contract with Raftelis) RAFTELIS Non -Utility DIF Study and Associated Documents - Attachment Page 5 Packet Pg. 248 9.H.a City of Prescott, Arizona Non -Utility DIF Study and Associated Documents Non -Utility DIF Phase Fee Raftelis proposes to complete the non -utility DIF study phase scope of work outlined in our proposal on a time - and -materials basis with a not -to -exceed fee of $58,000 including related expenses. The following table provides a breakdown of the estimated level of effort required for completing each task described and the hourly billing rates for the personnel scheduled to complete the project. Expenses included costs associated with travel. Tasks for Non -Utility Impact Fees On -Site Total Fees & in Prescott, AZ Meetings AR DG ME SC Admin Total Expenses 1. Development Projections, Levels of Service, and Geographic Service 0 4 8 0 12 0 24 $4,980 Areas for Potential Facilities 2. Cost Allocation Methodology and Rational Nexus to Comply with State 0 0 8 0 8 0 16 $3,320 Statute Requirements 3. Infrastructure Capacity Needs and Cost 4. Calculate Credits to be Applied Against Capital Costs 5. Discussion of Preliminary Methodologies and Policy Options 6. Complete Development Fee Methodologies and Calculations 7. Conduct Funding and Cash Flow Analysis 8. Preparation of L.UA. HP / Development Fee Report 9. Presentations / Meetings 0 0 8 0 12 0 20 $4,040 0 0 4 0 12 0 16 $3,100 0 2 4 0 12 0 18 $3,570 0 2 8 0 36 0 46 $8,830 0 0 4 0 24 0 28 $5,260 0 4 8 0 20 0 32 $6,420 6 2 32 12 20 4 70 $18,430 Total Meetings / Hours 6 14 84 12 156 4 270 Hourly Billing Rate $235 $235 $235 $180 $75 Total Professional Fees $3.290 $19.740 $2,820 $28.080 $300 $54,230 AR - Andrew Rheem DG - Dwayne Guthrie ME - Melissa Elliott SC - Staff Consultants Admin -Administrative Staff Total Fees $54,230 Total Expenses Total Fees & Expenses $3,720 $57,950 Attachment: Raftelis Scope of Work -Prescott DIF and Rate Study (2124 : Rate & Fee Study Contract with Raftelis) Non -Utility DIF Study and Associated Documents - Attachment Page 6 Packet Pg. 249 9.H.a City of Prescott, Arizona Water and Wastewater Rate Study Water and Wastewater Rate Study Statement of Understanding Raftelis proposes to complete a comprehensive review and update of the City of Prescott (City) water and wastewater utility financial plans, rates and fees. The proposed study will update a similar study completed by Raftelis in 2014. The proposed study will include the following major elements: • Update of the separate water and wastewater financial plans over a 10-year study period of fiscal year (FY) 2018-19 through FY 2027-28, • Update the customer class cost -of -service for a single test -year, • Evaluate of up to two (2) rate alternatives for each utility, and • Issue study report and complete presentations of study findings and recommendations. As part of the financial plan update, Raftelis will work with City staff to project recurring operating costs, multi- year capital requirements and capital funding, existing and project debt service requirements, one-time development impact fee (DIF) revenues, recurring user charges, effluent rates, and rates miscellaneous revenues. Raftelis will complete an update of the previously developed cost -of -service analysis for a future test -year and evaluate rate alternatives for each utility, including reviewing the adequacy of the aquifer protection fee (APF), alternative water fee and reviewing the rates assessed to customers outside the City within the County and those outside the City located within the Town Chino Valley. Study findings and recommendations will be documented within a draft and final study reports and presented to City Council during up to two meetings and/or public hearings. The following details the proposed scope of services to complete a comprehensive water and wastewater financial plan, cost -of -service and rate study. Proposed rates for service are anticipated to be effective January 1" of each year, but the initial rate adjustment in anticipated for 2019 may be effective in February due to the timing of the study and Arizona Revised Statute (ARS) adoption and implementation requirements. Raftelis will take reasonable efforts in study staffing and execution to maintain a January 1, 2019 effective date. Attachment: Raftelis Scope of Work -Prescott DIF and Rate Study (2124 : Rate & Fee Study Contract with Raftelis) RAFTELIS Water and Wastewater Utility Rate Study - Attachment Page 1 Packet Pg. 250 9.H.a City of Prescott, Arizona Water and Wastewater Rate Study Project Approach Raftelis has not included a stand-alone task for project management -related activities and has integrated and distributed this critical component key to a successful project within the nine tasks proposed to be completed. Project management activities include working with City staff to establish the project objectives, develop and execute the project schedule, obtain necessary data, understand constraints, and execute the project efficiently and within the proposed schedule. TASK 1 Data Acquisition and Project Initiation This task will include the collection and review of all relevant data and documents and an initial project initiation meeting. The project initiation meeting will be held to clarify project milestones, roles, and responsibilities and to identify future utility financial challenges and any concerns with the existing rate structure and/or during our project initiation meeting. A data request will be provided in advance of the project initiation meeting and is anticipated to include items such as customer growth projections, capital project forecast for the 10-year planning period, multi -year capital improvement project cost and timing, customer billing data and summary level use and revenue information, annual budgets and financial statements, debt service schedules, and utility and City financial policies and practices. Historical billing data is a critical component to this study as it is used through our analyses. We will meet with the City's Staff to evaluate the billing system and the data we will need to conduct the study. Together, we will define what data is available for download as well as the number of historical fiscal years that are necessary and available. Raftelis will validate information from the extracted dataset by comparing various field totals to the City's financial and operating records. For example, total revenue from bills in the dataset for a specific fiscal year should be in a reasonable range of revenues recorded in financial documents. Our level of effort assumes that the necessary fields, years of data, and verified results will be obtained from the initial download. Finally, our level of efforts assumes that the extracted data will be compatible with Microsoft Excel and Microsoft Access and that the exported fields will be in the appropriate formats (i.e. date fields are formatted as dates; number fields are formatted as numbers, data with no leading or trailing spaces, etc.). TASK 2 Water and Wastewater Utility Financial Plan and Revenue Requirements Analysis The financial planning task evaluates the projections of rate and other revenues and their ability to meet annual expenditures (revenue requirements) while meeting debt service coverage and reserve targets. For this task, we will: • Review and project customer billing data • Develop rate revenue projections including the APF, alternative water fee, effluent, and other user charge revenues • Identify the timing and level of debt issuances to fund capital improvements • Project budgeted O&M and capital expenses • Calculate necessary rate revenue increases Attachment: Raftelis Scope of Work -Prescott DIF and Rate Study (2124 : Rate & Fee Study Contract with Raftelis) RAFTELIS Water and Wastewater Utility Rate Study - Attachment Page 2 Packet Pg. 251 9.H.a City of Prescott, Arizona Water and Wastewater Rate Study We will examine each utility's financial activity through an operations sub -fund and DIF sub -funds. The operations sub -fund tracks those activities associated with annual operating revenue and revenue requirements including recurring O&M expenses, non -growth -related debt service, cash funded capital, miscellaneous non -rate revenues, and operating fund cash reserve requirements. The DIF sub -funds track each of the respective utility service areas associated with funding DIF eligible capital projects. This includes DIF revenue, other growth -related revenues (if any), bond issues, and contributions or in -lieu of payments for capital projects. The DIF subfund cash flow analysis will show the ability of these sources to meet the capital requirements. The City's water and wastewater financial planning models will be reviewed. Building on the City forecast, we will develop a 10-year planning horizon for the water and wastewater utilities from FY 2018-19 through FY 2027-28 Study Period. Rate adjustments are anticipated to be effective in January each year, starting in 2019, consistent with City practice and typical timing of rate adjustments. The structure of our financial plan model will allow users to conduct what -if scenarios using an easy to manage dashboard interface. The development of the water and wastewater financial plans involve several steps which are discussed next. Raftelis will examine usage patterns from historical water and wastewater billing records. Using this data billing data and other planning documents, we will project customer accounts, consumption, and rate revenue for the Study Period under the current rate schedules. We will adjust projections for customer growth and anticipated changes in usage per account. We will use City customers' historical usage characteristics as a proxy for future billable water sales and wastewater volume sales. We will complete a bill distribution analysis to study the historical water consumption of the City's different customer types. This information will be included in both the task 2 financial plan as well as the task 4 rate design rate structures alternatives analysis when setting tiered rates and analyzing customer impacts. This historical billing analysis will serve as the basis for evaluating the City's projections of water and wastewater consumption and revenue forecasts. We will also work with City staff to review anticipated strength concentrations by characteristic anticipated at the water reclamation facility as well as evaluating domestic and higher strength concentrations by non-residential customer classification. Raftelis will project a 10-year forecast of revenue requirements over the Study Period which will include an evaluation of the direct and indirect O&M expenses, capital costs (including pay-as-you-go capital and debt service), user rates including the APF and alternative water surcharge and other miscellaneous revenues. The financial planning scenarios will show the level of rate revenue adjustments needed to meet annual revenue requirement over the Study Period, satisfy debt service coverage and meet cash reserve requirements. Raftelis will evaluate the City's assumptions related to inflation, and historical expense trends within the 10-year Study Period and provide potential alternative projection assumptions based on our experience in developing these assumptions with other utilities in Arizona and across the United States. We have included up to four (4) financial planning scenarios for each utility. Scenarios may be developed to evaluate the impact to annual revenue requirements associated with varying growth levels, capital project requirements and/or capital funding alternatives or other major variables affecting water and wastewater revenues. Major capital projects are typically financed with a combination of long-term debt and cash either source through cash reserves, DIFs, and/or annual rate revenues. Our financial plan analysis will evaluate the various levels of rate revenue and debt funding to maintain low, smooth and predictable revenue adjustments. We will include any outstanding loan obligations and the City's as well as the impact to debt service coverage on any proposed debt. Attachment: Raftelis Scope of Work -Prescott DIF and Rate Study (2124 : Rate & Fee Study Contract with Raftelis) RAFTELIS Water and Wastewater Utility Rate Study - Attachment Page 3 Packet Pg. 252 9.H.a City of Prescott, Arizona Water and Wastewater Rate Study We will also examine the impact of changes in O&M expenses, miscellaneous revenues and well as reductions in rate revenue due to anticipated conservation. The outcome of this task will be the projected annual rate revenue adjustments for a required scenario and/or path forward which may be necessary to meet the City's objectives and incorporated in subsequent tasks. TASK 3 Water Utility Cost of Service and Rate Design Analysis We will start with the industry -accepted cost -of -service principles and customize our analysis to account for the specific requirements of this study. The cost -of -service analysis will provide the City with a defensible justification explaining the reason why the costs are assigned in the manner they are as well as evaluating specific rates, surcharges as well as the fixed and volume related costs for recovery through recurring rates and fees. We will develop a single test -year revenue requirement as the basis for our cost -of -service analysis. The test -year will be selected during Task 1 and may be FY 2018-19 or a future year to provide for a phase -in period for alternative rate structure which may be designed to recover customer class cost -of -service amounts more gradually. The revenue requirement is the amount of revenue required from rates to meet annual expenditures such as operating, capital, debt service, changes in reserves and is net of other operating and non -operating revenue. The water cost -of -service analysis is a multi -step process based on the industry standard methodologies completed during the 2014 study and published by the American Water Works Association (AWWA's) Manual M1, Principles of Water Rates, Fees, and Charges. The multi -step process includes: • Allocate the detailed revenue requirements to the appropriate functional cost categories • Allocate functional cost categories to service components using the base -extra capacity method • Develop test -year demand characteristics for each customer class and the overall water system • Calculate the unit cost -of -service components for the system • Allocate the unit costs to each customer class • Compare class cost -of -service to the revenue under existing rates for the test -year The class cost -of -service comparison will show the percentage change in the classes based on the cost -of -service analysis. Costs the water utility incurs are influenced by both average and peak customer requirements as well as costs independent of the amount of water demanded and the cost -of -service analysis assign cost recovery responsibilities in proportion to the service demands placed on the water system. As a separate analysis, Raftelis will evaluate the existing multiplier applied to customers located outside the City, both those located within the County and those located within Chino Valley using a utility -based approach typically used for outside City customers. As part of the 2014 study, the multiplier for customers located outside the City and within the County was increased from 1.39 to 1.40 while the multiplier for customers outside the City within Chino Valley was maintained at 1.30 due to the contract requirements. The outcomes of this analysis will be incorporated in potentially modifying the multiplier for outside City customers and incorporated within the overall water rate analysis to be completed. Attachment: Raftelis Scope of Work -Prescott DIF and Rate Study (2124 : Rate & Fee Study Contract with Raftelis) RAFTELIS Water and Wastewater Utility Rate Study - Attachment Page 4 Packet Pg. 253 9.H.a City of Prescott, Arizona Water and Wastewater Rate Study Rate structure alternatives will be based on the results of the discussions with City staff and City Council during Task 1. We will evaluate the existing water rate structures, including the APF and alternative water surcharge, and up to two (2) alternative water rate structures. We will develop test -year rates for the selected rate structure alternatives and annual rates for a multi -year period for up to three (3) years. We are anticipating the focus of the alternatives to be evaluations of the APF, alternative water surcharge and the base and volume rates, including potential adjustments to tiered volume rates. We anticipate maintaining existing volume allocations for each tier. Changes to customer class rates stem from changes in the overall revenue requirement, class cost -of -service, and changes to the structure. The combination of these changes can have significant impact on customer's bills. In our bill impact analysis, we will generate monthly bills at each level of usage comparing the cumulative impact from the change in revenue requirement, class cost -of -service and any changes in the rate structure to the bills under existing rates. For each alternative will create bill comparison for typical monthly usage and peak season usage. We will also develop a customer bill impact analysis. The bill impact analysis shows the dollar change the percentage change between the alternative structures compared to customer bills under existing rate structures. This task uses detailed billing data from Task 2 to complete this task. Raftelis will also develop a typical bill survey and compare against bills for up to 10 peer water utilities selected during the Task 1 project initiation meeting. TASK 4 Wastewater Utility Cost of Service and Rate Design Analysis The wastewater cost -of -service analysis is a multi -step process and similar to water, is based on industry accepted methodologies completed during the 2014 study. We will follow the principles and guidelines set forth in the Water Environment Federation (WEF) Manual of Practice No. 27, Principles of Financing and Charges for Wastewater Systems. The multi -step process includes: • Allocate the detailed revenue requirements to the appropriate functional cost categories • Allocate functional cost categories to service components of volume, strength categories and customer costs • Develop test -year demand characteristics for each customer class and the overall wastewater system • Calculate the unit cost -of -service components for the system • Allocate the unit costs to each customer class • Compare class cost -of -service to the revenue under existing rates for the test -year The class cost -of -service comparison will show the percentage change in the classes based on the cost -of -service analysis. Costs the wastewater utility incurs are a function of the water quantity discharged by a customer, other costs are associated with addressing wastewater strengths or conveying wastewater effluent. Customer service, billing, and metering costs are generally a function of the number of customers served, and the size and type of meter or service. Using the strength related costs developed in this task, we will calculate the unit cost on a dollar per pound basis for extra -strength customers and/or septage haulers. We will also evaluate separately rate for effluent customers updating a similar analysis for these customers that was completed during the 2014 study. We will compare the class cost -of -service to the revenue projected under existing rates for the test -year. This comparison will show the percentage change in the classes based on the cost -of -service process. Attachment: Raftelis Scope of Work -Prescott DIF and Rate Study (2124 : Rate & Fee Study Contract with Raftelis) RAFTELIS Water and Wastewater Utility Rate Study - Attachment Page 5 Packet Pg. 254 9.H.a City of Prescott, Arizona Water and Wastewater Rate Study Wastewater rate structure alternatives will be based on the results of the discussions with City staff and City Council during Task 1. We will evaluate the existing wastewater rate structure and up to two (2) alternative wastewater rate structures. We will develop test -year rates for the selected rate structure alternatives and annual rates for a multi -year period for up to three (3) years. We are anticipating the focus of the alternatives to be evaluations of the base and volume rates for each customer class. Changes to customer class rates stem from changes in the overall revenue requirement, class cost -of -service, and changes to the structure. The combination of these changes can have significant impact on customer's bills. In our bill impact analysis, we will generate monthly bills at each level of usage comparing the cumulative impact from the change in revenue requirement, class cost -of -service and any changes in the rate structure to the bills under existing rates. For each alternative will create bill comparison for typical monthly usage. We will also develop a customer bill impact analysis. The bill impact analysis shows the dollar change the percentage change between the alternative structures compared to customer bills under existing rate structures. This task uses detailed billing data from Task 2 to complete this task. Raftelis will also develop a typical bill survey and compare against bills for the same 10 peer wastewater utilities selected during the Task 1 project initiation meeting. The typical water and wastewater bills will be combined. TASK 5 Preparation of Water and Wastewater Rate Study Report Raftelis will prepare a draft water and wastewater rate study report which documents the overall study findings, recommendations and material assumptions and considerations including detailed calculations supporting the proposed rate alternatives. Raftelis will prepare a single version of the draft report for review by City staff. The draft report will be provided in an electronic format for staff review and we will incorporate mutually agreed upon changes and provide to the City up to 20 bound copies as well as a .pdf version of the final study report. TASK 6 Presentations / Meetings Presentations to refine and communicate interim and final study recommendations as well as onsite project meetings are proposed to be completed throughout the study. We propose the following to complete on -site project meetings with City staff throughout the project. • Project kick-off meeting to affirm study objectives, gather data and City input, fmalize study schedule, and provide the foundation for the study • Project workshop to review and refine interim study results and is most useful to be completed in person. To augment on -site meetings, phone calls and/or GoToMeetings will be completed as necessary to support the requirements of the subsequent tasks. Raftelis will present overall study findings and recommendations to City Council. We will attend up to two City Council meetings and/or public hearings as may be necessary. Raftelis will be responsible for preparation of meeting and presentation materials. Attachment: Raftelis Scope of Work -Prescott DIF and Rate Study (2124 : Rate & Fee Study Contract with Raftelis) RAFTEL1S Water and Wastewater Utility Rate Study - Attachment Page 6 Packet Pg. 255 9.H.a City of Prescott, Arizona Water and Wastewater Rate Study ADDITIONAL SERVICES There are additional tasks that the City may request in addition to the scope of services described previously. Additional tasks may include, but are not limited to: • Additional cash flow scenarios beyond the four for each utility included in Task 2. • Attendance at additional project meetings and/or presentations beyond the seven included in the base co scope of services. rt • Completion of a more extensive stakeholder outreach program. O a) LL otS as re RAFTELIS Water and Wastewater Utility Rate Study - Attachment Page 7 Packet Pg. 256 9.H.a City of Prescott, Arizona Water and Wastewater Rate Study Schedule Raftelis will complete the scope of services within the timeframe shown in the schedule below. The proposed schedule assumes a notice -to -proceed in August 2018, and that Raftelis will receive the needed data in a timely manner and be able to schedule meetings as necessary. Project completion is estimated for December 2018 with interim steps and deliverable timing detailed below. as No. Deliverable / Milestone Task / Deliverable T .• 0 Project management activities Data request 1 Data acquisition and project initiation 2 Financial plan and revenue requirements analysis 3 Water cost -of -service analysis Water rate alternatives 4 Wastewater cost -of -service analysis Wastewater rate alternatives 5 Complete draft and final rate study report Provide notice for public hearing Project kickoff meeting 6 Project on -site meeting (Task 5) City Council meeting #1 City Council meeting #2 / public hearing Aug. to Dec. 2018 Aug. 2018 Aug. to Sep. 2018 Aug. to Sep. 2018 Sep. to Oct. 2018 Sep. to Oct. 2018 Sep. to Oct. 2018 Sep. to Oct. 2018 Oct. 2018 to Dec. 2018 Oct. 2018 Aug. 2018 Oct. 2018 Nov. 2018 Dec. 2018 Attachment: Raftelis Scope of Work -Prescott DIF and Rate Study (2124 : Rate & Fee Study Contract with Raftelis) RAFTELIS Water and Wastewater Utility Rate Study - Attachment Page 8 Packet Pg. 257 9.H.a City of Prescott, Arizona Water and Wastewater Rate Study Water and Wastewater Rate Study Phase Fee Raftelis proposes to complete the water and wastewater rate study phase scope of work outlined in our proposal on a time -and -materials basis with a not -to -exceed fee of $69,000 including related expenses. The following table provides a breakdown of the estimated level of effort required for completing each task described and the hourly billing rates for the personnel scheduled to complete the project. Expenses included costs associated with travel. Tasks On -Site Meetings AR Total Fees & ME SRC Admin Total Expenses 1. Data Aquistion and Project Initiation 0 12 0 16 0 28 $6,100 2. Financial Plan and Revenue Requirements Analysis 0 20 0 50 0 70 $14,950 3. Water Cost of Service and Rate Design Analysis 0 20 0 40 0 60 $12,900 4. Wastewater Cost of Service and Rate Design Analysis 0 16 0 32 0 48 $10,320 5. Draft and Final Rate Study Report 0 12 0 24 0 36 $7,740 6. Presentations / Meetings 4 32 4 24 3 63 $16,981 Total Estimated Meetings / Hours 4 112 4 186 3 305 Hourly Billing Rate $235 $235 $205 $75 Total Professional Fees $26,320 $940 $38,130 $225 $65,615 AR - Andrew Rheem ME - Melissa Elliott SRC - Senior Consultant Admin -Administrative Staff Total Fees Total Expenses Total Fees & Expenses $65,615 $3,376 $68.991 Attachment: Raftelis Scope of Work -Prescott DIF and Rate Study (2124 : Rate & Fee Study Contract with Raftelis) RAFTELIS Water and Wastewater Utility Rate Study - Attachment Page 9 Packet Pg. 258 9.H.a City of Prescott, Arizona Solid Waste Utility Rate Study Solid Waste Rate Study Statement of Understanding Raftelis and Municipal Solid Waste (MSW) Consultants, as a sub -consultant to Raftelis for this study, propose to complete a comprehensive review and update of the City of Prescott (City) solid waste utility financial plan, rates and fees. The proposed study will include the following major elements: • Update of the solid waste utility financial plan over a 10-year study period of fiscal year (FY) 2018-19 through FY 2027-28, • Complete a customer class cost -of -service for a single test -year, • Evaluate up to three (3) rate alternatives and/or scenarios, and • Issue report and completed presentations of study findings and recommendations. The objectives of this solid waste rate study are to: • Confirm the City's solid waste rate -making objectives. • Identify the nexus between the City's cost -of -service and the individual rates the City charges customers for those services. • Analyze the solid waste enterprise fund's projected revenues and expenditures, and project its total revenue requirements over a 10-year study period or planning horizon. • Prepare a financial plan that will enable the City to budget and plan for its operating and capital costs. • Design rates and develop a multi -year rate adjustment plan that will achieve the enterprise fund's revenue requirement and meet the City's rate -making policy objectives. • Assist the City in communicating the proposed rate multi -year adjustment plan to the City Council. Study findings and recommendations will be documented within a draft and final study reports and presented to City Council during up to two meetings and/or public hearings. The following details the proposed scope of services to complete a comprehensive solid waste financial plan, cost - of -service and rate study. Proposed rates for service are anticipated to be effective January 1" of each year, but the initial rate adjustment in anticipated for 2019 may be effective in February due to the timing of the study and Arizona Revised Statute (ARS) adoption and implementation requirements. Raftelis and MSW will take reasonable efforts in study staffing and execution to maintain a January 1, 2019 effective date. Attachment: Raftelis Scope of Work -Prescott DIF and Rate Study (2124 : Rate & Fee Study Contract with Raftelis) RAFTELIS Solid Waste Rate Study - Attachment Page 1 Packet Pg. 259 9.H.a City of Prescott, Arizona Solid Waste Utility Rate Study Project Approach Raftelis and MSW Consultants will accomplish these rate -making objectives and conduct the solid waste rate study by performing the following tasks. We have not included a stand-alone task for project management -related activities and has integrated and distributed this critical component key to a successful project within the nine tasks proposed to be completed. Project management activities include working with City staff to establish the project objectives, develop and execute the project schedule, obtain necessary data, understand constraints, and execute the project efficiently and within the proposed schedule. TASK 1 Review Current Solid Waste Policy Objectives At our kickoff meeting, we will discuss the project's scope, schedule, and key issues. We will also discuss and prioritize the following rate -making policy objectives: • Generate adequate fund balance and cash reserves pursuant to the City's financial policies, and industry standards. • Comply with legal, regulatory and debt covenant requirements. • Achieve fairness and rate equity among customers and among customer classes. • Design rates that are simple and easy for ratepayers to understand. • Provide customers with an economic incentive to recycle. • Set rates that are competitive in relation to private haulers and nearby jurisdictions. • Minimize significant changes to customer rates (i.e., keep rates stable over time). In addition to discussing these objectives, we will update the list of information we need, and confirm the project scope and schedule. TASK 2 Gather, Analyze Information and Develop Rate Model We will gather the financial and operational information we will need to perform our analysis. The financial information we will need will likely include the following: • The general ledger trial balance for the most recently completed two fiscal years. (The general ledger trial balance includes detailed line item revenues and expenditures for the City, as well as the beginning and ending reserve balance.) • Fiscal year-to-date revenues and expenditures. • Debt service schedules (if applicable) • Operating and capital budgets. The operational information that we will need will likely include the following: Attachment: Raftelis Scope of Work -Prescott DIF and Rate Study (2124 : Rate & Fee Study Contract with Raftelis) Solid Waste Rate Study - Attachment Page 2 Packet Pg. 260 9.H.a City of Prescott, Arizona Solid Waste Utility Rate Study • Customer account data including the number and type of single family customers, and residential cart size subscription data, commercial and multi -family customer service levels (i.e., number and size of bins, number of weekly pickups). • Tons of solid waste and recyclables collected by customer sector. Once we have gathered this information, we will develop a rate model to mirror the revenues and expenditures in the solid waste enterprise fund. The rate model will show the enterprise fund's total actual revenue, O&M expenditures, capital expenditures, and cash balance for the most recent two years, and projected operating results and cash balance over a 10-year planning horizon. TASK 3 Model Actual Revenues and Build Rate Model Dashboard We will use the current customer count information to model the existing revenue and compare that modeled revenue to the actual revenue recorded in the City's accounting system. The purpose of this step is to confirm that the customer count data is accurate. We will also design and construct a dashboard for the City's rate model. The dashboard will enable the City to perform sensitivity analysis and see at a glance the impact of changes to various assumptions (inflation, growth rates, capital expenditures, rate increase percentages, etc.). The dashboard will enable the City to visually present the justification for any proposed rate adjustments to City senior management and the City Council. We have included an example of a dashboard below in Chart 1. Chart 1- Example Dashboard ssoaoo : $24000 a 0 $10,000 s0 FY 2013 FY 2015 SIMI Total Revenue Ending Cash FY 2017 FY 2019 FY 2021 FY 2023 MINI Total Expenditures Target Minimum Balance FY 2027 FY 2029 Capital Expenditures Attachment: Raftelis Scope of Work -Prescott DIF and Rate Study (2124 : Rate & Fee Study Contract with Raftelis) RAFTELIS Solid Waste Rate Study - Attachment Page 3 Packet Pg. 261 9.H.a City of Prescott, Arizona Solid Waste Utility Rate Study TASK 4 Allocate and Project the Revenue Requirement Based on the information we collect, we will project the City's revenue requirement as well as the fund balance for the City's enterprise fund over a 10-year planning horizon. We will determine the revenue requirement for the current year by annualizing the City's fiscal year-to-date cash expenditures. We will project revenue requirements for future years by applying anticipated changes in the City's expenditures to the current revenue requirement. We will allocate the revenue requirement for the collection operations among the City's residential, commercial, and transfer station operations. We will then compare the revenue requirement for each customer sector with their respective revenues at the current rates. This will enable us to determine the extent to which rate equity exists among customer sectors. Additionally, it will provide us with a target revenue amount for use in designing new collection rates. TASK 5 Design New Rates For Various Rate -Making Scenarios We will design tipping fees and rates with a mind toward the rate -making objectives we discussed with City staff at our kickoff meeting. In designing rates, our analysis will include, but not be limited to, the following issues. We will develop up to three scenarios for each of the issues we analyze. • Variable (or pay -as -you -throw) rates for single family customers: If the City is interested in offering more choices to single family customers, we may design single family pay -as -you -throw (PAYT) rates. If the City decides it wants to transition to variable rates, we will discuss with the City two different approaches: the cost -based approach, and the incentive -based approach. The cost -based approach entails designing rates that more closely reflect the incremental cost of service among the various sizes of refuse carts. The incentive -based approach is more focused on providing an economic incentive for customers to recycle. • Commercial rates that reward customers for having multiple containers rather than multiple pickups: A solid waste enterprise will incur greater cost to collect one bin twice per week than to collect two side -by - side bins once per week. We will design commercial rates to reflect this dynamic in the cost of commercial refuse collection. As a result, the City's rates will better reflect the true cost of service and be more competitive in relation to the rates of private haulers. • Tipping fees that reflect the true value of the City's solid waste facility: The internal tipping fee that the City uses to allocate costs between its transfer station and its collection operations should be equal to the market rate for tipping fee service. For example, if the City's market tipping fee charged to private haulers and third parties is $63.00 per ton, the City should use that same tip fee to allocate cost between its transfer station and its collection operations. This transfer pricing policy will lead the City to make better economic decisions for the enterprise fund as a whole. • Special billing arrangements for the downtown area: We will assist the City in designing service and billing arrangements that minimize refuse truck traffic in the downtown area, and equitably allocate collection costs among downtown businesses. • An administrative fee for customers with shared bins that reflects the additional administrative cost: We may design an administrative fee to be applied to customers with shared bins. This fee would recoup the City's added administrative cost for customers with shared bins. It would also provide an appropriate pricing signal to customers and property managers that may incentivize them to opt for a single invoice. Attachment: Raftelis Scope of Work -Prescott DIF and Rate Study (2124 : Rate & Fee Study Contract with Raftelis) Solid Waste Rate Study - Attachment Page 4 Packet Pg. 262 9.H.a City of Prescott, Arizona Solid Waste Utility Rate Study • Pricing for special events and miscellaneous services: We will identify the cost for the following items. This will enable the City to decide whether it wants to continue providing them at no charge, or if it wants to attach a pricing signal to these items: o Special events o Collection for hazardous waste o Fall cleanups o Common collection for downtown area TASK 6 Evaluate How the Proposed Rates Fulfill Rate -Making Objectives Once the new rates have been designed, we will extend them by the current customer count data to ensure that they will generate the targeted amount of revenue. We will show how the new rates impact a typical residential and commercial customer. We will then meet with City staff to review the rate adjustment scenarios. Together, we will re -visit the rate -making objectives described above and evaluate whether, and the extent to which, the new rates fulfill the City's rate -making objectives. Based on our discussions, we will make any needed revisions to the rate adjustment scenarios. TASK 7 Draft and Final Reports Based on the recommended rate and alternatives and overall utility financial plan selected by the City, we will prepare a draft study report in a single electronic version that briefly describes the work we performed, our fmdings, and the proposed rate adjustment scenario. It will also include projections of the enterprise fund's operating and capital expenditures, as well as forecasts of its cash and fund balances over the ten-year study period. We will submit the draft report for City staff review and comments. Based on comments and mutually agreed changes, we will provide the City up to 20 bound copies as well as a .pdf version of the final study report. TASK 8 Presentation and Meetings Presentations to refine and communicate interim and final study recommendations as well as onsite project meetings are proposed to be completed throughout the study. We propose the following to complete on -site project meetings with City staff throughout the project. • Project kick-off meeting to affirm study objectives, gather data and City input, finalize study schedule, and provide the foundation for the study • Project workshop to review and refine interim study results To augment on -site meetings, phone calls and/or web -based (e.g., GoToMeetings) will be completed as necessary to support the requirements of the subsequent tasks. MSW Consultants will present overall study findings and recommendations to City Council. We will attend up to two City Council meetings and/or public hearings as may be necessary. MSW Consultants will be responsible for preparation of meeting and presentation materials. Attachment: Raftelis Scope of Work -Prescott DIF and Rate Study (2124 : Rate & Fee Study Contract with Raftelis) RAFTEL IS Solid Waste Rate Study - Attachment Page 5 Packet Pg. 263 9.H.a City of Prescott, Arizona Solid Waste Utility Rate Study ADDITIONAL SERVICES There are additional tasks that the City may request in addition to the scope of services described previously. Additional tasks may include, but are not limited to: • Additional cash flow scenarios beyond the three included in Task 4. • Attendance at additional project meetings and/or presentations beyond the four included in the base scope of services. • Development of additional rate alternatives and/or scenarios beyond the three included in Task 5. • Completion of a more extensive stakeholder outreach program. Attachment: Raftelis Scope of Work -Prescott DIF and Rate Study (2124 : Rate & Fee Study Contract with Raftelis) Solid Waste Rate Study - Attachment Page 6 Packet Pg. 264 9.H.a City of Prescott, Arizona Solid Waste Utility Rate Study Schedule Raftelis and MSW Consultants will complete the scope of services within the timeframe shown in the schedule below. The proposed schedule assumes a notice -to -proceed in August 2018, and that we will receive the needed data in a timely manner and be able to schedule meetings as necessary. Project completion is estimated for December 2018 with interim steps and deliverable timing detailed below. as No. Deliverable / Milestone Task / Deliverable II • • 0 Project management activities Data request 1 Project initiation 2 Gather, analyze information and develop rate model 3 Project utility revenues Develop and finalize rate model dashboard 4 Develop annual utility revenue requirements over the 10-year period Allocate revenue requirements to customer classes and services 5 Design rates, tipping fees and additional fees Provide notice for public hearing 6 Finalize proposed rates for implementation Complete customer bill impact analysis 7 Complete draft and final study report Project kickoff meeting 8 Project on -site meeting City Council meeting #1 City Council meeting #2 / public hearing Aug. to Dec. 2018 Aug. 2018 Aug. 2018 Aug. to Sep. 2018 Sep. to Oct. 2018 Sep. to Oct. 2018 Sep. to Oct. 2018 Sep. to Oct. 2018 Oct. 2018 to Dec. 2018 Oct. 2018 Nov. to Dec. 2018 Nov. to Dec. 2018 Oct. to Dec. 2018 Aug. 2018 Oct. 2018 Nov. 2018 Dec. 2018 Attachment: Raftelis Scope of Work -Prescott DIF and Rate Study (2124 : Rate & Fee Study Contract with Raftelis) RAFTELIS Solid Waste Rate Study - Attachment Page 7 Packet Pg. 265 9.H.a City of Prescott, Arizona Solid Waste Utility Rate Study Solid Waste Rate Study Phase Fee Raftelis and MSW Consultants propose to complete the solid waste rate study phase scope of work outlined in our proposal on a time -and -materials basis with a not -to -exceed fee of $44,000 including related expenses. The following table provides a breakdown of the estimated level of effort required for completing each task described and the hourly billing rates for the personnel scheduled to complete the project. Expenses included costs associated with travel. Tasks On -Site Total Fees & Meetings AR DD CS Admin Total Expenses 1. Review Solid Waste Policy Objectives 0 2. Gather and Analyze Information and Develop Rate Model 0 3. Project Revenues and Build Model Dashboard 0 4. Allocate and Project the Revenue Requirement 0 5. Design New Rates for Various Rate - Making Scenarios 0 6. Evaluate Proposed Rates and Customer Impacts 0 7. Prepare Draft and Final Report 0 8. Presentation and Meetings Total Estimated Meetings /Hours Hourly Billing Rate Total Professional Fees AR - AndrewRheem (Raftelis) DD - David Davis (MSW Consultants) CS - Craign Stroud, CPA (MSW Consultants) Admin -Administrative Staff 2 8 8 0 18 $3,310 0 4 24 0 28 $4,720 0 4 16 0 20 $3,400 0 4 16 0 20 $3,400 0 16 12 0 28 $5,020 0 12 16 3 31 $5,145 2 8 24 0 34 $5,950 4 4 48 0 0 52 $13,055 0 8 104 116 3 231 $235 $190 $165 $75 $1,880 $19,760 $19,140 $225 $41,005 Total Fees Total Expenses Total Fees & Expenses $41,005 $2,995 $44.000 Attachment: Raftelis Scope of Work -Prescott DIF and Rate Study (2124 : Rate & Fee Study Contract with Raftelis) Solid Waste Rate Study - Attachment Page 8 Packet Pg. 266