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HomeMy WebLinkAboutCC - Agendas - City Council - REGULAR - 12/2/2014CITYoF PRESCOTT AGENDA PRESCOTT CITY COUNCIL Council Chambers COMBINED WORKSHOP & REGULAR VOTING MEETING 201 South Cortez Street Tuesday, December 2, 2014 Prescott, Arizona 86303 3:00 PM (928) 777-1100 The following Agenda will be considered by the Prescott City Council at its Combined Workshop and Regular Voting Meeting pursuant to the Prescott City Charter, Article II, Section 13. Notice of this meeting is given pursuant to Arizona Revised Statutes, Section 38-431.02. One or more members of the Council may be attending this meeting through the use of a technological device. ♦ CALL TO ORDER ♦ INTRODUCTIONS ♦ INVOCATION ♦ PLEDGE OF ALLEGIANCE ♦ ROLL CALL MAYOR AND CITY COUNCIL Mayor Kuykendall Mayor Pro Tern Lamerson Councilman Arnold Councilman Blair ♦ ANNOUNCEMENTS ♦ PROCLAMATIONS Church of Jesus Christ of Latter -Day Saints Councilman Arnold Councilman Kuknyo Councilman Lazzell Councilwoman Wilcox A. Proclaiming December 2014 Beneful Dream Dog Park Month B. Proclaiming December 2014 as the beginning of Red Shirt Friday in Prescott, Arizona W Prescott City Council Combined Workshop & Regular Voting Meeting — 12/02/2014 Page 2 ♦ PRESENTATIONS A. Prescott Chamber of Commerce - Introduction of new business B. Smoki Museum - Cultural Pass of Three Museums by Cindy Gresser C. Embry Riddle Aeronautical University Update by Dr. Frank Ayers I. CONSENT AGENDA CONSENT ITEMS I.A. — I.C. LISTED BELOW MAY BE ENACTED BY ONE MOTION. ANY ITEM MAY BE REMOVED AND DISCUSSED IF A COUNCIL MEMBER SO REQUESTS. A. Approval to perform night work for the Willow Creek 14-inch Water Main Line Stops and Valve Installations Project B. Ratification of Purchase Order No. 2150232 with Instrumentation and Controls, LLC, for emergency procurement of MSA gas detection equipment in an amount not to exceed $30,634.84 C. Adoption of Resolution No. 4261-1470 approving an Agreement with the Arizona Department of Revenue for performing municipal transaction privilege tax licensing services for Calendar Year 2015 (City Contract No. 2015-072) RECOMMENDED ACTION: MOVE to approve Consent Agenda Items I.A.-I.C. II. REGULAR AGENDA A. Public Hearing and consideration of a Series 10, Beer & Wine Store liquor license application from Rickey Dale Goodman, applicant for RG Yummy's Deli, located at 810 East Sheldon Street RECOMMENDED ACTION: (1) MOVE to close the Public Hearing: and (2) MOVE- to approve/deny Liquor License Application No. 10133279, for a Series 10, Beer & Wine Store license for RG Yummy's Deli located at 810 East Sheldon Street. Prescott City Council Combined Workshop & Regular Voting Meeting — 12/02/2014 Page 3 B. Approval of City Contract No. 2015-075 with M.C. Woodfill & Associates for court -related computer services RECOMMENDED ACTION: MOVE to approve City Contract No. 2015-075. C. Adoption of Resolution No. 4266-1475 thanking the General Plan Committee members for their significant work in the preparation of the draft 2014 Prescott General Plan and formally ending the duties of the Committee; a brief overview will be presented by the Committee RECOMMENDED ACTION: MOVE to adopt Resolution No. 4266- 1475. D. Adoption of Ordinance No. 4916-1454 repealing development impact fees for fire and police ORDINANCE NO. 4916-1454 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF PRESCOTT, YAVAPAI COUNTY, ARIZONA, AMENDING THE PRESCOTT CITY CODE BY REPEALING TITLE III, CHAPTER 3-14 (DEVELOPMENT FEES), SECTION 3-14-2 (DEVELOPMENT FEES FOR FIRE) AND SECTION 2-14-3 (DEVELOPMENT FEES FOR POLICE), AND RESERVING SUCH SECTIONS FOR FUTURE USE. RECOMMENDED ACTION: MOVE to adopt Ordinance No. 4916- 1454. E. Adoption of Ordinance Nos. 4917-1455 and 4918-1456 implementing revised water and wastewater utility rates and making related amendments to the Prescott City Code ORDINANCE NO. 4917-1455 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF PRESCOTT, YAVAPAI COUNTY, ARIZONA, AMENDING PRESCOTT CITY CODE TITLE II (DEPARTMENTS), CHAPTER 2-1 (PUBLIC WORKS DEPARTMENT), BY AMENDING SECTION 2-1-21 (UTILITIES DIVISION, WASTEWATER RATES), ADDING A NEW SECTION 2-1-22 (WASTEWATER ONLY SERVICE AND SEPTAGE RECEIVING), AND AMENDING SECTION 2-1-57 (EFFLUENT LINE AND CONNECTIONS). ORDINANCE NO. 4918-1456 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF PRESCOTT, YAVAPAI COUNTY, ARIZONA, AMENDING PRESCOTT CITY CODE TITLE II (DEPARTMENTS), CHAPTER 2-1 (PUBLIC WORKS DEPARTMENT), SECTION 2-1-17 (UTILITIES DIVISION, WATER SERVICE DEPOSITS), SECTION 2-1-18 (UTILITIES DIVISION, WATER RATES), AND SECTION 2-1-19 (UTILITIES DIVISION, WATER METER READING AND BILLING). Prescott City Council Combined Workshop & Regular Voting Meeting—12/02/2014 Page 4 RECOMMENDED ACTION: (by separate motions): (1) MOVE to adopt Ordinance No. 4917-1455; and (2) MOVE to adopt Ordinance No. 4918-1456. F. Adoption of Resolution No. 4264-1473 establishing a policy for credits to utility bills for excessive water loss on the customer side of meters RECOMMENDED ACTION: MOVE to adopt Resolution No.4264-1473 G. 1) Adoption of Resolution No. 4265-1474 accepting and adopting the findings and recommendations of the private sector ad hoc Airport Area Steering Group pertaining to development of Prescott Municipal Airport and economic development of the surrounding airport area; and 2) Approval of Authorization of Services No. 5 to Dibble Engineering in an amount not to exceed $41,100.00 to conduct an airport terminal siting assessment (City Contract No. 2014-029A5) RECOMMENDED ACTION: (separate motions): (1) MOVE to Adopt Resolution No. 4265-1474 and (2) MOVE to approve Authorization of Services No. 5 to Dibble Engineering in an amount not to exceed $41,100.00 (City Contract No. 2014-029A5). H. Approval of submittal of a grant application to the Federal Aviation Administration in the amount of $380,000.00 for acquisition of a replacement Airport Rescue & Firefighting (ARFF) vehicle for Ernest A. Love Field/Prescott Municipal Airport RECOMMENDED ACTION: MOVE to approve the submittal of a grant application to the Federal Aviation Administration in the amount of $380,000.00 for acquisition of a replacement ARFF vehicle for Prescott Municipal Airport Approval for submittal of a grant application to the Federal Aviation Administration in the amount of $3,605,250.00 for the construction phase of improvements including relocation of the airfield electrical vault, upgrading of the emergency generator, and installation of lighting for Taxiway E at Ernest A. Love Field/Prescott Municipal Airport Prescott City Council Combined Workshop & Regular Voting Meeting — 12/02/2014 Page 5 RECOMMENDED ACTION: MOVE to approve the submittal of a grant application to the Federal Aviation Administration in the amount of $3,605,250.00 for the construction phase of improvements including relocation of the airfield electrical vault, upgrading of the emergency generator, and installation of lighting for Taxiway.E at Ernest A. Love Field/Prescott Municipal Airport J. Approval of purchase of one (1) ea. 2015 Peterbilt 320 refuse chassis from Rush Trucks in the amount of $150,425.39 using the Houston Galveston Area Council (HGAC) Contract No. HT06-14 pricing, and one (1) ea. Scorpion side load body from Arizona Refuse Sales in the amount of $108,276.26, using City of Tucson Contract No. 110051 pricing, in the total amount of $258,701.65 (Solid Waste Fund) RECOMMENDED ACTION: (by separate motions): (1) MOVE to approve the purchase of one (1) ea. 2015 Peterbilt 320 refuse chassis from Rush Trucks in the amount of $150,425.39 using the Houston Galveston Area Council (HGAC) Contract No. HT06-14 pricing; and (2) MOVE to approve the purchase of one (1) ea. Scorpion side load body from Arizona Refuse Sales in the amount of $108,276.26, using City of Tucson Contract No. 110051 pricing. .•N K. Approval of purchase of one (1) ea. 2015 Peterbilt 320 chassis from Rush Trucks in the amount of $150,425.39, using Houston Galveston Area Council (HGAC) Contract No. HT06-14 pricing, and one (1) ea. Contender front load body from McNeilus Truck and Manufacturing in the amount of $108,151.00, using Houston Galveston Area Council (HGAC) Contract No. HT06-14 pricing, in the total amount of $258,576.39 (Solid Waste Fund) RECOMMENDED ACTION: (by separate motions): (1) MOVE to approve the purchase of one (1) ea. 2015 Peterbilt 320 chassis from Rush Trucks in the amount of $150,425.39 using Houston Galveston Area Council (HGAC) Contract No. HT06-14 pricing; and (2) MOVE to approve the purchase of one (1) ea. Contender front load body from McNeilus Truck and Manufacturing in the amount of $108,151.00, using Houston Galveston Area Council (HGAC) Contract No. HT06-14 pricing. L. Approval of purchase of one (1) ea. Scorpion side load body from Arizona Refuse Sales using City of Tucson Contract No. 110051 pricing in the total amount of $108,276.26 (City Contract No. 2015-076; Solid Waste Fund) Prescott City Council Combined Workshop & Regular Voting Meeting—12/02/2014 Page 6 RECOMMENDED ACTION: MOVE to approve the purchase of one (1) ea. Scorpion side load body from Arizona Refuse Sales using City of Tucson Contract No. 110051 pricing in the total amount of $108,276.26 (City Contract No. 2015-076). M. Approval of purchase of one (1) ea. 2015 Tymco 500x high -dump regenerative -air street sweeper from H&E Equipment Services using the City of Tempe Contract No. Tll-144-01 pricing in the amount of $245,586.11 (Vehicle Replacement Fund) RECOMMENDED ACTION: MOVE to approve the purchase of one (1) ea. 2015 Tymco 500x high -dump regenerative -air street sweeper from H&E Equipment Services using the City of Tempe Contract No. T11-144-01 pricing in the amount of $245,586.11. Ill. 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: (i) Discussion or consideration of personnel matters (A.R.S. §38-431.03(A)(1)); (ii) Discussion or consideration of records exempt by law (A.R.S. §38-431.03(A)(2)); (iii) Discussion or consultation for legal advice with the city's attorneys (A.R.S. §38- 431.03(A)(3)); (iv) 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)); (v) 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)); (vi) 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); (vii) 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)). Prescott City Council Combined Workshop & Regular Voting Meeting — 12/02/2014 Page 7 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 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 undersigned hereby certifies that a copy of the foregoing notice was duly posted at Prescott City Hall on I)- L-) q at '-00 Ulm. in accordance with the statement filed by the Prescott City Council with the City Clerk. Dana R. DeLong, CIVIC, City Clerk PROCLAMATION Beneful Dream Dog Park Month December 2014 WHEREAS,out of more than 1,000 entries,Prescott was the final choice for a half-million-dollar dog park renovation;and WHEREAS,Prescott resident Linda Nichols entered the Beneful contest with a proposal for a firefighter-themed dog park called"Sirens and Hydrants"; and WHEREAS,the Beneful Company is dedicated to celebrating the special relationships people share with their four-legged best buddies,which is apparent through their Dream Dog Park Contest; and WHEREAS,Beneful Dream Team consists of;licensed contractor Jason Cameron who hosts DIY Network shows,and pet expert Arden Moore, who oversees the renovation from the dog's point of view; and WHEREAS,Prescott feels privileged to have the lasting gift of the Beneful Dream Dog Park due to the efforts of Linda,her dog Callie,and the Beneful team. NOW THEREFORE,I,Marlin D.Kuykendall,Mayor of Prescott, Arizona,do hereby proclaim December 2014 as: BENEFUL DREAM DOG PARK MONTH IN WITNESS THEREOF, I have hereunto set my hand and caused the Seal of the City of Prescott to be affixed this 9th day of December,2014. 45ra-, 17'-z9-*--f---4----" NrA IN . UYKENNALL,MAYOR City o rescott ATTE T: ,,rrd D NA DeLONG,CITY CLERIC-PA— City . i of Prescott PROCLAMATION "Official Red Shirts Friday City" RED stands for "Remember Everyone Deployed" December 2014 WHEREAS, the Red Shirt program has been in effect since 1945 and was designed to show the WWII military how proud the public was; and WHEREAS, we are determined to show our military that this Country, and specifically the City of Prescott, recognizes them as AmeHcan Heroes; and WHEREAS, by wearing a Red Shirt on Fridays you will show support of the troops, and if your job requires a uniform, wearing a red bracelet; and WHEREAS, getting the word out at your group meetings, websites, newsletters and to your neighbors will promote a better understanding and appreciation for all Veterans. NOW THEREFORE, I, Marlin D. Kuykendall, Mayor of the City of Prescott, Arizona, do hereby proclaim December 2014 as the beginning of Red Shirt Friday in Prescott, Arizona. IN WITNESS THEREOF, I have hereunto set my hand and caused the Seal of the City of Prescott to be affixed this 2nd day of December 2014. MARLIN D. KUYKENDALL, Mayor yt\ City of Prescott ATTEST: • TT ag5 IN o irk tvi G BLE FpR V�pR l(.....), j rik to, 51 Ap • j2E�EE ENE Rs pT�'S MUSE l 1 erience ,gyp EpGH Of PREs HREE ALL gir useums price! tor one low Pr ,_:, . . . one admission to each , Museum available kf �;s 4 'E .. vv. GuRk for onl 15°° TwO B o OTT qi T• 147 N. q MUSEUM - a 40/o savors DOwNTOwN PFROM PRES:O1zoN4 qvE �A2 OFF TT, q2 • 4>0 oii regular admission 445.3/22 A 8r EgSTuoF EY ST FRESCO Y.es_N gRLOT PO SEy T, q= ORG EN V 4C►p pOR ONE SMO M55E2M OF?��NTpWNNrp Az NOT VALID FOR REGULAR RG 78 Use now... ` NOT REDEEMABEPFoRc 8 `q/?Ao�MoM'ON ENTR IPPENART u385oRG EXPiREs D D W1TH OTHERER MCOUNT on your next visit... FCEMBE �SGo�NTM. Zo,s or whenever you want over the next year... VALID UNTIL END-DECEMBER 2015 Makes a GREAT HOLIDAY GIFT for friends and relatives! I•A• ('ITYor PREs(1Orrr _IT,40`�°:'f1;5""tO"^" COUNCIL AGENDA MEMO MEETING DATE/TYPES: COMBINED WORKSHOP AND 12-02-2014 REGULAR VOTING SESSION DEPARTMENT: Public Works AGENDA ITEM: Approval to perform night work for the Willow Creek 14-inch Water Main Line Stops and Valve Installations Project Approved By: Date: Director: Hash, Henry 11/14/2014 City Manager: McConnell, Craig Aa,A."7&614.4.A.LL II 2O /4. Item Summary (J Approval of this item will authorize night work for the purpose of completing water line stops (line freezing) and 14-inch water line valve installations for the Willow Creek Water Line Repair and Scour Protection Project. For the City to maintain water services for a significant portion of north Prescott, the water main will need to be frozen in two locations by a liquid nitrogen casing. The time to create the initial freeze plug ranges from 8-12 hours and the plug must be maintained through the entire valve installation project. The contractor needs to start the line freeze in the evening to allow for time required to complete the freezes prior to daytime work hours. The noise associated with the work will mainly be the idling vehicle. The closest residences to the work areas are 250 feet away. Upon approval of the request, the City Project Manager will mail a notification letter to all residences located within 1,000 feet of the line stop area, and will hand deliver notifications to the six residences that are within 500 feet. After the freeze plugs have been installed, the primary noise-generating work can be completed during daytime work hours. Background On October 14, 2014, Council approved a contract with Arizona Tap Master for Water Line Stops and 14-inch Water Line Valve installations for the Willow Creek Water Line Repair and Scour Protection Project. Once this work is completed, the overall water main replacement and scour protection project will be constructed. City Code Title 5-4-2: Specific Acts Prohibited, requires City Council approval for any night work between 8:00 PM and 6:00AM, Monday through Saturday. Agenda Item: Approval to perform night work for the Willow Creek 14-inch Water Main Line Stops and Valve Installations Project Schedule Public Works will be issuing a notice to proceed to Arizona Tap Masters, Inc., for December 1, 2014, and the night work is tentatively scheduled between December 9 and 10, 2014. Attachments 1. Location Map Recommended Action: MOVE to approve night work for the Willow Creek 14-inch Water Main Line Stops and Valve Installations Project. 2 LUI- KPJfV I --"---,...,,,,, : /" i ter _ I 1 1 � I I 1 HI Nis 111111 z '14a, ETD cr co 1• i 1 WV I ill. 4. , i , ._ ____., . ___ ____ •.,. , , U , +_• v) . .> .7 c EARVATER DR. '-,,,,......._ . ilOS 47t1 ,. , ....---- Q \IIIIIL _ f , 1 , ' it "/ ' X ��- V / i nLENQKDR* 0. r? - I f . /1 .7 , IN" 1 I I 1 1 NN: 1 \I\ I I I I 5LI7 / 1 I 1 4 I ` 1 r•5 . crrl of P�RESCOTT FI)C/ %'f/l COUNCIL AGENDA MEMO MEETING DATE/TYPES: COMBINED WORKSHOP AND 12-02-2014 REGULAR VOTING SESSION DEPARTMENT: Public Works AGENDA ITEM: Ratification of Purchase Order No. 2150232 with Instrumentation and Controls, LLC, for emergency procurement of MSA gas detection equipment in an amount not to exceed $30,634.84 Approved By: Date: Director: Hash, Henry 11/14/2014 City Manager: McConnell, Craig O Item Summary The Public Works Department, Utilities Division, is requesting Council ratification of City Purchase Order No. 2150232 with Instrumentation and Controls, LLC, to provide MSA gas detection equipment for continuous monitoring of hazardous locations. Background The Sundog Wastewater Treatment Plant (WWTP) currently has MSA brand gas detection monitors for the anaerobic digester complex. The monitors were installed during the 1990 expansion project for continuous monitoring of hazardous and explosive gases common to the anaerobic digestion process. The gas monitors are intended to generate alarms through audible, visual, and plant supervisory control and data acquisition (SCADA) to alert staff of potential hazardous conditions. The current monitors are no longer operational, and not repairable. A recent site inspection by the Arizona Division of Occupational Safety and Health (ADOSH) noted that the existing gas detection system was not functioning, and that the Solids Dewatering Building lacked this equipment. National Fire Protection Association Standard 820 for Wastewater Treatment and Collections Facilities requires a combustible gas detection system in anaerobic digester control buildings for storage, handling, or burning of sludge gas. Agenda Item: Ratification of Purchase Order No. 2150232 with Instrumentation and Controls, LLC, for emergency procurement of MSA Gas Detection Equipment in an amount not to exceed $30,634.84 Procurement A quote for new MSA gas detection equipment was received from the only authorized vendor. Instrumentation and Controls visited the site, and quoted for direct replacement equipment to provide continuous gas monitoring and alarm reporting without having to install an entirely new system. Because of the immediate need for this safety equipment, the procurement could not be brought to Council in advance. Pursuant to City Code, 1- 27-10, Emergency Procurements, it is now being submitted for ratification. Instrumentation And Controls placed the order for the equipment on October 27, 2014. Wastewater treatment plant maintenance personnel are preparing for installation. Lead time for delivery of the equipment is 4 weeks with an anticipated installation in December 2014. Attachments 1. Purchase Order No. 2150232 2. Instrumentation and Controls, LLC, Quotation Recommended Action: MOVE to ratify Purchase Order No. 2150232. 2 CITY orPRESCOrr 11/12/2014 11:42 ( CITY OF PRESCOTT IP 1 scott.gregorio IPoinqury PURCHASE ORDER 02150232-00 FY 2015 BILL TO ACCOUNTS PAYABLE CITY OF PRESCOTT 201 S CORTEZ ST PRESCOTT , AZ 86303 VENDOR SHIP TO INSTRUMENTATION AND CONTROLS LLC WASTEWATER TREATMENT PLANT CITY OF PRESCOTT 6829 W FRYE RD 1500 SUNDOG RANCH ROAD PRESCOTT, AZ 86303 CHANDLER, AZ 85226 Requisition 1150337 DATE VENDOR DATE FREIGHT ORDERED NUMBER REQUIRED METHOD/TERMS DEPARTMENT/LOCATION • 10/27/14 003562 UTILITY OPERATION LN DESCRIPTION QTY UOM UNIT PRICE NET PRICE 001 MSA GAS DETECTION EQUIPMENT 1. 00 Each 30334 . 840 30, 634 . 84 PO TOTAL 30, 634 .84 ** END OF REPORT - Generated by Scott Gregoric IIrAnstrumentation Quote NA A ndControls 7069 Date 10/23/2014 6829 W.Frye Rd. Quote Expires 12/22/2014 Chandler,AZ 85226 P :480-921-0498 F :480-921-7391 E :sales@instandcontrols.com 480-921-0498 Bill To Ship To City of Prescott City of Prescott 1500 Sundog Ranch Rd 1500 Sundog Ranch Rd Prescott AZ 86301 Prescott AZ 86301 Memo Sales Rep Entered By Terms FOB Brian Camacho Debra Coye Net 30 Shipping Point Shipping Method Shipping Terms Collect Account Number UPS Ground Pre-Pay and Add Contact Email Scott Gregorio scott.gregorio@prescott-az.gov Expires 12/22/2014 Manufacturer Item Description Qty Unit Price j Extended Est.Lead Time Mine Safety A-Ultima X3 Mine Safety Appliances Company-Ultima X3 Technology 1 4,067.00 4,067.00 Lead time is 4 Appliances E1M10000311114 p/n A-Ultima X3 E1M100003111140116110 weeks plus shipping Company 0116110 Model Type:E-316 Stainless Steel Enclosure Gravity Belt Enclosure Type:Stainless Steel UL approved NPT threads Thickener Room Sensor Output Modbus RTU LED/Relay Option:LEDs and No Relays Power Supply Options:None Page FAIIIEstrumentation Quote A111, AndControls Date 10/23/2014 6829 W. Frye Rd. Chandler,AZ 85226 P :480-921-0498 F :480-921-7391 E :sales@instandcontrols.com 480-921-0498 Manufacturer Item i Description : Qty Unit Price Extended Est. Lead Time Language Options:English Hardware/Software:None Signal Boost(US only):No Sen.1 Selection:31 Comb.Gas 0-100%LEL-Natural Gas and H2 Sen.1 Accessories:Remote w/condulet no signal boost no power supply Sen.1 Install Hardware:Mounting Kit(XE only) Sen.2 Selection:14 Oxygen 0-25% Sen.2 Accessories:Integral or Remote w/no condulet Sen.2 Install Hardware:Mounting Bracket(XE only) Sen.3 Selection:16 Hydrogen Sulfide 0-50 PPM Sen.3 Accessories:Remote w/condulet no signal boost no power supply Sen.3 Install Hardware:Mounting Bracket(XE only) Custom Features:None Mine Safety A-Ultima X3 Mine Safety Appliances Company-Ultima X3 Technology 1 4,067.00 4,067.00 Lead time is 4 Appliances E1M10000311114 p/n A-Ultima X3 E1M100003111140116110 weeks plus shipping Company 0116110 Model Type:E-316 Stainless Steel Enclosure Boiler Room Enclosure Type:Stainless Steel UL approved NPT threads Sensor Output:Modbus RTU LED/Relay Option:LEDs and No Relays Power Supply Options:None Language Options:English Page TVitrumentation Quote A n dControls Date 1O/23I2014 6829 W.Frye Rd. Chandler,AZ 85226 P :480-921-0498 F :480-921-7391 E :sales@instandcontrols.com 480-921-0498 Manufacturer Item : Description Qty ( Unit Price Extended Est.Lead Time Hardware/Software:None Signal Boost(US only):No Sen.1 Selection:31 Comb.Gas 0-100%LEL-Natural Gas and H2 Sen.1 Accessories:Remote w/condulet no signal boost no power supply Sen.1 Install Hardware:Mounting Kit(XE only) Sen.2 Selection:14 Oxygen 0-25% Sen.2 Accessories:Integral or Remote w/no condulet Sen.2 Install Hardware:Mounting Bracket(XE only) Sen.3 Selection:16 Hydrogen Sulfide 0-50 PPM Sen.3 Accessories:Remote w/condulet no signal boost no power supply Sen.3 Install Hardware:Mounting Bracket(XE only) Custom Features:None Mine Safety A-Ultima X3 Mine Safety Appliances Company-Ultima X3 Technology 1 4,067.00 4,067.00 Lead time is 4 Appliances E1M10000311114 p/n A-Ultima X3 E1M100003111140116110 weeks plus shipping Company 0116110 Model Type:E-316 Stainless Steel Enclosure Basement Enclosure Type:Stainless Steel UL approved NPT threads Sensor Output:Modbus RTU LED/Relay Option:LEDs and No Relays Power Supply Options:None Language Options:English Hardware/Software:None Page 1 Vitrumentation+.Controls Quote s•_� Date 10/23/2014 6829 W.Frye Rd. Chandler,AZ 85226 P:480-921-0498 F :480-921-7391 E :sales@instandcontrols.com 480-921-0498 Manufacturer Item Description Qty i Unit Price ! Extended Est.Lead Time Signal Boost(US only):No Sen.1 Selection:31 Comb.Gas 0-100%LEL-Natural Gas and H2 Sen.1 Accessories:Remote w/condulet no signal boost no power supply Sen.1 Install Hardware:Mounting Kit(XE only) Sen.2 Selection:14 Oxygen 0-25% Sen.2 Accessories:Integral or Remote wino condulet Sen.2 Install Hardware:Mounting Bracket(XE only) Sen.3 Selection:16 Hydrogen Sulfide 0-50 PPM Sen.3 Accessories:Remote w/condulet no signal boost no power supply Sen.3 Install Hardware:Mounting Bracket(XE only) Custom Features:None Mine Safety A-Ultima X3 Mine Safety Appliances Company-Ultima X3 Technology 1 2,197.00 2,197.00 Lead time is 4 Appliances E1M10000311100 p/n A-Ultima X3 E1M1000031110000000 weeks plus shipping Company 00000 Model Type:E-316 Stainless Steel Enclosure Roof Enclosure Type:Stainless Steel UL approved NPT threads Sensor Output:Modbus RTU LED/Relay Option:LEDs and No Relays Power Supply Options:None Language Options:English Hardware/Software:None Signal Boost(US only):No Page I rAlintrumentation Quote AndControls Date 10/23/2014 6829 W. Frye Rd. Chandler,AZ 85226 P :480-921-0498 F :480-921-7391 E :sales@instandcontrols.com 480-921-0498 Manufacturer Item Description : Qty Unit Price : Extended Est.Lead Time Sen.1 Selection:31 Comb.Gas 0-100?EL-Natural Gas and H2 Sen.1 Accessories:Remote w/condulet no signal boost no power supply Sen.1 Install Hardware:Mounting Kit(XE only) Sen.2 Selection:None Sen.2 Accessories:Integral or Remote wino condulet Sen.2 Install Hardware:None Sen.3 Selection:None Sen.3 Accessories:Integral or Remote w/no condulet Sen.3 Install Hardware:None Custom Features:None Mine Safety 10096178 MSA- ModBus Controller,Wall Mount, 1 6,060.00 6,060.00 Lead time is 10 Appliances Part#10096178 working days plus Company shipping Compatible with Ultima X with X3 technology Includes 25W power supply Mine Safety A-Ultima X3 Mine Safety Appliances Company-Ultima X3 Technology 1 4,427.00 4,427.00 Lead time is 4 Appliances E1M30000311114 p/n A-Ultima X3 E1M300003111141116110 weeks plus shipping Company 1116110 Model Type:E-316 Stainless Steel Enclosure Belt Press Room Enclosure Type:Stainless Steel UL approved NPT threads Sensor Output:Modbus RTU LED/Relay Option:LED's and Relays Page Instrumentation Quote r dControfs Date 10/23/2014 6829 W. Frye Rd. Chandler,AZ 85226 P:480-921-0498 F :480-921-7391 E :sales@instandcontrols.com 480-921-0498 Manufacturer Item j Description Qty t Unit Price Extended Est.Lead Time Power Supply Options:None Language Options:English Hardware/Software:None Signal Boost(US only):No Sen.1 Selection:31 Comb.Gas 0-100%LEL-Natural Gas and H2 Sen.1 Accessories:Remote w/condulet no signal boost#no power supply Sen.1 Install Hardware:Mounting Kit(XE only) Sen.2 Selection:14 Oxygen 0-25% Sen.2 Accessories:Remote w/condulet no signal boost no power supply Sen.2 Install Hardware:Mounting Bracket(XE only) Sen.3 Selection:16 Hydrogen Sulfide 0-50 PPM Sen.3 Accessories:Remote w/condulet no signal boost no power supply Sen.3 Install Hardware:Mounting Bracket(XE only) Custom Features:None Mine Safety A-CAL MSA-Calibration Kits 1 756.50 756.50 Appliances 40F100280320010 Model#:A-CAL 40F100280320010028028 Company 028028 OPTIONS: Calibration Kit Number:KIT 40-Diffusion Ultima X and Toxgard II sensor fo Regulator:1.50 LPM,P/N 467896 Page I I Quote �1��!'`nstrumentation Controls Date 10/23/2014 6829 W. Frye Rd. Chandler,AZ 85226 P :480-921-0498 F :480-921-7391 E :sales@instandcontrols.com 480-921-0498 Manufacturer Item ! Description I Qty I Unit Price I Extended Est.Lead Time Calibration Gas Cylinder:2.50%Methane in Air 2nd Kit Number:None 2nd Regulator:None 2nd Gas Cylinder:20.80?n Nitrogen,Oxygen in Nitrogen Mine Safety 10028062 MSA-Calibration Gas(H2S) 1 209.95 209.95 Appliances Part#10028062 Company H2S 40 ppm Hydrogen Sulfide in Nitrogen Mine Safety 809086 MSA Controller 1 862.75 862.75 Appliances Part#809086 Company `Handheld Devise for Calibration and Internal Functions* Gas •General inspection and operation of system. 1 1,050.00 1,050.00 Detection-Calibrati on •Verification of termination,installation and operation. •Calibration with NIST traceable calibration gases. •Includes 3rd party calibration report. •Does not include replacement parts or special order gases. •Additional trouble shooting will be charged at current hourly Page FA InstrumentationI Quote r •_ Controls Date 10/23/2014 6829 W. Frye Rd. Chandler,AZ 85226 P :480-921-0498 F :480-921-7391 E :sales@instandcontrols.com 480-921-0498 Manufacturer Item Description Qty : Unit Price . Extended Est. Lead Time rate. •Credit Card Orders are subject to a 4%service charge Travel Rate Travel Rate for Start-Up,Calibration,or Field Service 1 340.00 340.00 Mine Safety SHIPPING- SHIPPING-ESTIMATED-MSA 1 300.00 300.00 Appliances ESTIMATED-MSA Company Subtotal 28,404.20 Shipping Cost(UPS Ground) 0.00 Total Tax(AZ_AZ 8.35%) 2,230.64 Total $30,634.84 Page I.L • ('ITVUF PRESCOTT COUNCIL AGENDA MEMO MEETING DATE/TYPES: COMBINED WORKSHOP AND 12-2-14 REGULAR VOTING SESSION DEPARTMENT: Finance AGENDA ITEM: Adoption of Resolution No. 4261-1470 approving an Agreement with the Arizona Department of Revenue for performing municipal transaction privilege tax licensing services for Calendar Year 2015 (City Contract No. 2015-072) Approved By: Date: Director: Woodfill, Mark 10/31/2014 City Manager: McConnell, Craig gta; , !(_1�_ 1 Item Summary The "TPT Simplification" legislation HB 2111 (2013) and the technical corrections bill HB 2389 (2014) require that the Arizona Department of Revenue (DOR) provide a single point of administration for licensing, reporting , and paying both state and city taxes. The effective date of certain of these provisions has been delayed until January 1, 2016, to enable DOR to be capable of taking full control. A contract is needed for the Calendar Year 2015 due to the unique session law language that requires DOR to handle these licensing tasks. All eighteen (18) non-program cities, including Prescott, will continue to license and collect TPT from their taxpayers for one additional year. Background The Director, David Raber, announced in an open letter dated October 7, 2014 that the Department of Revenue needed to delay implementation of the TPT Simplification requirement to create a single online portal for licensing, reporting, and paying state and city sales taxes until January 1, 2016. Other aspects of the legislation are not delayed, including the changes to construction contracting and the centralized audit, appeal, and compliance duties. The ARS 42-5015 requires DOR systems to "capture data with sufficient specificity to meet the needs of all taxing jurisdictions." The level of detail required by the cities cannot be met with the current DOR tax system, namely, the location-based data elements. DOR will not be ready with the programming necessary for the additional level of detail, so the delay was deemed necessary. Agenda Item: Adoption of Resolution No. 4261-1470 approving an Agreement with the Arizona Department of Revenue for performing municipal transaction privilege tax licensing services for Calendar Year 2015 (City Contract No. 2015-072) Upon the approval of the Agreement, Prescott will perform the licensing renewal process as required by the new Article III of the Model City Tax Code. This will be a change for the City's taxpayers since prior to January 1, 2015, licenses were "permanent" until revoked or canceled. This renewal process will be crucial to provide a smooth transition to DOR administration of licensing and collection of taxes. The City will benefit from updating its records with more current contact information, as well as data generation needed for the "Match & Merge" process to match the City taxpayer licenses with their respective state licenses (any non-matches will receive a new state license number). The timeframe for the renewal process will be December 2014 through February 2015. Financial Impact No significant financial impact specifically related to this Agreement is expected. When fully implemented, however, "TPT Simplification" is expected to result in annual reductions of revenue to Prescott's General Fund and Streets Fund totaling in the hundreds of thousands of dollars. Attachments 1. Resolution No. 4261-1470 2. Agreement with Arizona Department of Revenue (City Contract No. 2015-072) Recommended Action: MOVE to adopt Resolution No. 4261-1470. 2 RESOLUTION NO. 4261-1470 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF PRESCOTT, YAVAPAI COUNTY, ARIZONA, APPROVING AN AGREEMENT WITH THE STATE OF ARIZONA, THROUGH THE ARIZONA DEPARTMENT OF REVENUE, FOR ISSUING MUNICIPAL PRIVILEGE TAX LICENSES. RECITALS: WHEREAS, the Council of the City of Prescott ("City") wishes to enter into an Agreement with the State of Arizona, through the Arizona Department of Revenue ("ADR"), for issuing municipal privilege tax licenses; and WHEREAS, ADR is responsible for issuing annual municipal privilege tax licenses to persons who engage in business in the City of Prescott; and WHEREAS, ADR is not able to begin licensing such persons at this time; and WHEREAS, the City has the ability and wherewithal to process applications and issue municipal privilege tax licenses for persons engaging in business in the City; and WHEREAS, entering into an Agreement with the State of Arizona, through ADR, for issuing municipal privilege tax licenses for persons engaging in business in the City will be in the best interests of the health, safety, and welfare of the City. ENACTMENTS: NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF PRESCOTT AS FOLLOWS: Section 1. THAT, the City Council hereby approves an Agreement with the State of Arizona, through ADR, for the issuance of municipal privilege tax licenses to those persons engaging in business in the City. Section 2. THAT, the Mayor and staff are hereby authorized to sign the Agreement with the State of Arizona, through ADR, for the issuance of municipal privilege tax licenses to those persons engaging in business in the City. PASSED, APPROVED AND ADOPTED by the Mayor and Council of the City of Prescott this day of , 2014. MARLIN D. KUYKENDALL, Mayor RESOLUTION NO. 4261-1470 PAGE 2 ATTEST: APPROVED AS TO FORM: .040" DANA R. DeLONG JON M. PALADIN! City Clerk City Attorney AGREEMENT between the ARIZONA DEPARTMENT OF REVENUE and the CITY OF PRESCOTT (City Contract No. 2015-072) Pursuant to A.R.S. § 42-1004, this Agreement is developed and entered into by and between the Arizona Department of Revenue, hereinafter referred to as Department of Revenue, and the City of Prescott, hereinafter referred to as "City". WHEREAS as of January 1, 2015, Department of Revenue will be responsible for issuing annual municipal privilege tax licenses and tax license renewals to persons who engage in a taxable business activity within City; and WHEREAS Department of Revenue is not able to begin licensing such persons at this time; and WHEREAS City has the ability to process applications and issue municipal privilege tax licenses to persons who engage in a taxable business activity in City; and THEREFORE the parties agree City shall perform municipal licensing services on behalf of Department of Revenue as follows: A. SCOPE OF SERVICES 1. For persons who engage in a business activity in City that require a municipal privilege tax license, City will process the municipal privilege tax license application, issue the municipal privilege tax license, and renew such license for calendar year 2015. 2. Upon application for a municipal privilege tax license, City may charge persons who will be engaged in a taxable business activity in City a fee as specified in A.R.S. § 42- 5005(B), as effective January 1, 2015. For persons who apply for a license renewal, City may charge a municipal privilege tax license renewal fee as specified in A.R.S. § 42-5005(D), as effective January 1, 2015. All fees collected pursuant to this section shall be in accordance with A.R.S. § 42-1001 et seq. 3. City shall provide Department of Revenue with licensing information for all persons who obtain a new municipal privilege tax license and/or renew their municipal privilege tax license under the terms of this Agreement. 4. To the extent required by City to perform licensing services under this Agreement, Department of Revenue shall provide City with licensing information. Any information provided by Department of Revenue shall be treated as confidential eh' pursuant to A.R.S. § 42-2001. 1 5. Nothing in this Agreement shall be interpreted to limit or preclude the City's ability to do what is otherwise authorized by law. B. FINANCING City shall be responsible for, and shall not charge Department of Revenue a fee for, the expenses incurred for the services City provides to Department of Revenue under this Agreement. All fees collected by City under the terms of this Agreement are the property of the City and shall be retained by City. C. DURATION This Agreement is entered into and is effective on the date it is executed by both parties and shall expire December 31, 2015 unless terminated earlier by the mutual written agreement of the parties. D. GENERAL TERMS AND CONDITIONS 1. This Agreement is subject to cancellation under A.R.S. § 38-511, cancellation of State contracts. 2. Pursuant to A.R.S. §§ 35-214, 35-215 and 41-2548, the parties must keep all books, accounts, reports, files and other records relating to this Agreement for a period of five (5) years after the completion of this Agreement. All records shall be subject to inspection and audit by the State at all reasonable times. 3. To the extent required by A.R.S. §§ 12-1518(B) and 12-133, the parties agree to resolve any dispute arising out of this Agreement by arbitration. 4. The parties agree to comply with Arizona Executive Order No. 2009-09 and any other Federal or State laws relating to equal opportunity and non-discrimination, including the Americans with Disabilities Act. 5. This Agreement may be amended or modified by written agreement approved and executed by Department of Revenue and City. 6. Nothing in this Agreement shall be construed as limiting or expanding the statutory responsibilities of parties or as requiring the parties to expend any sum in excess of its appropriations. E. NOTICES All notices regarding this Agreement shall be sent to the following addresses: DOR: Arizona Department of Revenue Audit Division/Cities Unit 1600 W. Monroe Phoenix, AZ 85007 City Prescott City Clerk 221 South Cortez Street Prescott, AZ 86303 2 A'' By signing below, the signer certifies that he or she has the authority to enter into this Agreement and has read the foregoing and agrees to accept the provisions herein. Arizona Department of Revenue City of Prescott By: By: Printed Name: Marlin D. Kuykendall, Mayor Title: Date: Date: ATTEST: Dana R. DeLong, City Clerk APPROVED AS TO FORM: Jon M. Paladini, City Attorney 3 , A . ('I'I'YorPKEsc Qr r "1'``��"✓`f"f<'„"f`'`"" COUNCIL AGENDA MEMO MEETING DATE/TYPES: COMBINED WORKSHOP AND 12-2-14 REGULAR VOTING SESSION DEPARTMENT: City Clerk AGENDA ITEM: Public Hearing and consideration of a Series 10, Beer & Wine Store liquor license application from Rickey Dale Goodman, applicant for RG Yummy's Deli, located at 810 East Sheldon Street Approved By: Date: City Clerk: DeLong, Dana 11/10/2014 City Manager: McConnell, Craig //-/C-/I4- Item Summary Rickey Dale Goodman has applied for a new Series 10 liquor license for RG Yummy's Deli. Background A Liquor License Application, City No.15-246, State No. 10133279, has been received from Rickey Dale Goodman, applicant for RG Yummy's, located at 810 East Sheldon Street for a Series 10 Beer & Wine Store license. The application was properly posted for the State-mandated 20-day period. No petitions or protests have been received during this period. The application cleared Planning and Zoning and the City of Prescott Police Department. The applicant has been requested to attend the Council meeting to answer any questions Council may have. The completed application is on file in the City Clerk's office. Public Hearing and Action Procedure The City Council's recommendation of approval, disapproval or no recommendation will be forwarded to the Department of Liquor Licenses and Control ("Department") for their consideration. If the City Council recommendation is for approval, no hearing is required unless the Director of the Department, the State liquor Board ("Board"), or any aggrieved party, requests a hearing on the grounds that the public convenience and the best interest of the community will not be substantially served if a license is issued. If no Agenda Item: Public Hearing and consideration of a Series 10, Beer & Wine Store liquor license application from Rickey Dale Goodman, applicant for RG Yummy's Deli, located at 810 East Sheldon Street hearing is requested, the Director may approve the license. If the City Council recommendation is for disapproval of an application, a statement of the specific reasons along with a summary of the testimony or other evidence supporting the recommendation for disapproval is required to be attached to the order of disapproval and submitted to the Director, after which a public hearing will be held. If the City Council makes no recommendation, the Director may cancel the hearing and issue the license unless the Board or any aggrieved party protests and requests a hearing. If the reason for the protest is clearly removed or deemed satisfied by the Director, the Board shall cancel the hearing and the Department may issue the license. Financial Impact The application and license fee have been paid. According to state law, proceeds from liquor license fees are required to be used for hospitality promotion (tourism development) purposes. Recommended Action: (1) MOVE to close the Public Hearing: and (2) MOVE to approve/deny Liquor License Application No. 10133279, for a Series 10, Beer & Wine Store license for RG Yummy's Deli located at 810 East Sheldon Street. 2 11.8. CITVor• PRESCOTT- hirl•met�"r" COUNCIL AGENDA MEMO MEETING DATE/TYPES: COMBINED WORKSHOP AND 12-2-14 REGULAR VOTING SESSION DEPARTMENT: City Court AGENDA ITEM: Approval of City Contract No. 2015-075 with M.C. Woodfill & Associates for court-related computer services Approved By: Date: City Court Judge: Markham, Arthur 11/17/2014 City Manager: McConnell, Craig a1,4ro '` / /cl V Item Summary This item is a Service Provider Agreement with M.C. Woodfill & Associates for court- .., related computer services. The term extends to June 30, 2018, subject to cancellation by either party upon ten (10) days written notice. Background The Prescott Consolidated Court has a "Cache" database system which has been in use and maintained for over 25 years by Woodfill & Associates. Dr. Woodfill provides necessary maintenance, service, training and consultation for the Court database system. Frequent upgrades are needed in order to respond to legal changes or reporting requirements. This is a "Sole Source" contract since Marvin Woodfill wrote the computer program for the unique "Cache" database system the Court uses. It is written in a computer language no longer widely used. He has modified the program through the years, and realistically is the only person who can continue to perform this task. The Court plans to migrate to a new program "AJAACS" which will be used statewide by other courts and will be maintained by the Supreme Court. The complete migration to the "AJAACS" program will take several years. In the meantime, and the Court will need the "Cache" program for several years to be able to complete the processing of older cases and access older case information. A "Sole Source" contract is authorized by Prescott City Procurement Code Section 1-27-16A. Agenda Item: Approval of City Contract No. 2015-075 with M.C. Woodfill & Associates for court- related computer services Financial Impact Funding for this contract is available in the FY2014 Budget. The contract continues the same $100 per hour fee as the previous contract, and is capped at a maximum of 500 billable hours per year. Attachments 1. City Contract No. 2015-075 Recommended Action: MOVE to approve City Contract No. 2015-075. 2 CITYoF PRESCOTT r owtuta-w-/G Service Provider Agreement City Contract No. 2015-075 Computer Services for the Prescott City Court WHEREAS, the City of Prescott (hereinafter referred to as "City") is in need of certain services; and WHEREAS, a "Sole Source" contract is required and is authorized by Prescott City Procurement Code Section 1-27-16A; and WHEREAS, M.C. Woodfill & Associates, L.L.C. (hereinafter referred to as "Service Provider"), has expertise in computer systems serving the Prescott City Court. 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 Service Provider shall provide the services to the City in relation to the following: a. Provide programming services to maintain on an as-needed basis existing City Court applications currently in existence, or as may be updated in the future. b. Provide programming services on an as-needed basis for additional new programs as well as improvements to existing programs. c. Provide instruction and consultation to City Court staff on an as-needed basis regarding any matters pertaining to the City Court's various computer systems including any related systems or equipment. d. Assist in providing a mutually agreed upon continuity plan in cooperation with City Staff which will include training and access to programs and databases and assist in providing seamless operation of court management system in the event of Service Provider's unavailability. 2. In addition to those services identified in Paragraph 1 above, the Service Provider 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 Service Provider 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 and all work shall be completed in a reasonable time. 4. All services identified in Paragraphs 1 and 2 above shall be completed to the satisfaction of the City and the Service Provider shall be paid at a rate of one hundred dollars ($100.00) per hour. Payment shall be made in accordance with standard City billing practices. In no event shall Service Provider bill more than five hundred (500) billable hours per year. The Prescott City Court Administrator, or his/her duly appointed designee, shall initiate and authorize any work requested for the City Court computer system to be performed by the Service Provider. 5. In addition to the foregoing compensation, the City shall reimburse the Service Provider for any parts or equipment necessary to complete such maintenance or repairs as requested by the City, at the actual cost to the Service Provider for such parts and equipment. The City Court Administrator, or his/her duly appointed designee, must approve, in writing, all parts and equipment used by Service Provider to ensure reimbursement. 6. The term of this Agreement shall be from the date of execution of the parties to June 30, 2018. 7. For any enhancements to existing applications, or development of new applications, a Scope of Work document shall be prepared which will outline the work to be performed and the maximum amount of compensation to be paid for the work so outlined. The City Court Administrator shall sign the Scope of Work and authorize the work to commence. In the event the work cannot be completed with the funds authorized, the Service Provider shall cease work immediately and pursue additional work authorization from the City Court Administrator. 8. This Agreement does not provide exclusive rights to the Service Provider to perform the outlined services for the City. The City, at its sole discretion can obtain services from any other computer-related consultant if so desired. City will not be in breach of any provisions of this Agreement, if it hires a different computer service provider than the Service Provider that is a party to this Agreement. 9. The ownership of all documents, software programs and data pertaining to this Agreement shall be as set forth in the Memorandum of Understanding entered into by and between the parties on June 17, 1993. 10. Notwithstanding the foregoing, this Agreement may be terminated by either party upon ten (10) days written notice, with or without cause or upon completion of services. If this Agreement is terminated, the Service Provider shall be paid for authorized services satisfactorily performed to the date of the Service Provider's receipt of such termination notice. 11. 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 Service Provider 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. 12. Any notices to be given by either party to the other must be in writing, and personally .4N delivered or mailed by prepaid postage, at the following addresses: Professional Services Agreement 2 City Court Administrator M.C. Woodfill & Associates, L.L.C. City of Prescott 823 E. Braeburn Drive 120 S. Cortez Rm 103 Phoenix, AZ 85022 Prescott, AZ 86301 13. It is expressly agreed and understood by and between the parties that the Service Provider is an independent Contractor, and, as such, Service Provider 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 Contractor, Service Provider 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 Contractor, Service Provider 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 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. 14. This Agreement is non-assignable by the Service Provider unless by sub-contract, as approved in advance by the City. 15. 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. 16. This Agreement shall be construed under the laws of the State of Arizona. 17. All work products of the Service Provider 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. 18. 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 Service Provider further agrees that this provision shall be contained in all sub-contracts related to the project, which is the subject of this Agreement. 19. 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 Service Provider further agrees that this provision shall be contained in all sub-contracts related to the project, which is the subject of this Agreement. Professional Services Agreement 3 20. This Agreement represents the entire and integrated Agreement between the City and the , ,,,k Service Provider 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 Service Provider. 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. 21. 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. 22. The Service Provider hereby 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 Service Provider'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 Service Provider 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 Service Provider has or may have against the City, its agents or employees, arising out of or in any way connected with the Service Provider's activities as set forth below, other than those acts which occur due to the negligence of the City, its employees or agents. 23. 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. 24. (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 Prescott City Court Administrator. 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 Prescott City Court Administrator 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 Prescott City Court Administrator and no claim for an addition to the total amount of the Contract shall be valid unless so ordered. -• Professional Services Agreement 4 �r. (D) Payment for any change ordered by the City Court Administrator 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 Prescott City Court Administrator, which shall be written so as to indicate acceptance on the part of the Service Provider 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 Service Provider to proceed with the items in question to be reimbursed pursuant to the unit prices in the Service Provider fee proposal. (F) If the Service Provider claims that any instructions involve extra cost under this Contract, it shall give the Prescott City Court Administrator 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 Service Provider shall do such extra work therefor upon receipt of an accepted Contract Amendment or other written order of the Prescott City Court Administrator and in the absence of such Contract Amendment or other written order of the Prescott City Court Administrator, the Service Provider shall not be entitled to payment for such extra work. In no case shall work be undertaken without written notice from the Prescott City Court Administrator to proceed with the work. All Contract Amendments must be approved by the Prescott City Court Administrator. Contract Amendments over$10,000.00 must be approved by City Council. 25. (A) The Service Provider 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) Policy shall include bodily injury, property damage, personal injury, broad form contractual liability, and XCU coverage. General Aggregate $ 2,000,000 Products—Completed Operations Aggregate $ 2,000,000 Personal and Advertising Injury $ 1,000,000 Each Occurrence $ 1,000,000 Fire Legal Liability(Damage to Rented Premises) $ 100,000 The policy shall be endorsed to include the following additional insured language: "The City of Prescott shall be named as an additional insured with respect to liability arising out of the activities performed by, or on behalf of the Service Provider." 2) Business Automobile Liability(if applicable) Bodily Injury and Property Damage for any owned,hired, and/or non-owned vehicles used in the performance of this Contract. Combined Single Limit (CSL) $ 1,000,000 Professional Services Agreement 5 (B) City and Service Provider waive all rights against each other and their directors, officers, '1 partners, commissioners, officials, agents, sub-contractors and employees for damages covered by property insurance during and after completion of the Services. (C) All insurance required pursuant to this Agreement must be written by an insurance company authorized to do business in the State of Arizona, to be evidenced by a Certificate of Authority as defined in ARS Section 20-217, a copy of which certificate is to be attached to each applicable bond or binder. (D) Prior to commencing work under this Agreement, the Service Provider shall provide City with evidence that it is either a "self-insured employer" or a "carrier insured employer" for 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. (F) Acceptability of Insurers: Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A-VII, unless otherwise approved by the City of Prescott Risk Management Division. All insurance is to be placed with an insurer admitted in the state in which operations are taking place. (G) Verification of Coverage: Service Provider 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 to bind coverage on its behalf. Please note the contract number on the Certificate. 26. The Service Provider, with regard to the work performed by it after award and during its performance of this contract, will not discriminate on the grounds of race, color, national origin, religion, sex, disability or familial status in the selection and retention of sub- contractors, including procurement of materials and leases of equipment. The Service Provider will not participate either directly or indirectly in the discrimination prohibited by or pursuant 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 Governor Executive Orders 99-4, 2000-4 and 2009-09 as amended. 27. Contractor Immigration Warranty Service Provider 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 Contractor 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". Under the provisions of A.R.S. § 41-4401, Contractor hereby warrants to the City that the Contractor 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 Professional Services Agreement 6 relate to their employees and A.R.S. § 23-214(A) (hereinafter "Contractor Immigration Warranty"). A breach of the Professional Immigration Warranty shall constitute a material breach of this Contract and shall subject the Service Provider to penalties up to and including termination of this Contract at the sole discretion of the City. The City retains the legal right to inspect the papers of any Service Provider or Sub- contractors employee who works on this Contract to ensure that the Service Provider or Sub- contractor is complying with the Professional Immigration Warranty. Service Provider 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 Service Provider and any of sub-contractors to ensure compliance with Service Provider's Immigration Warranty. Service Provider agrees to assist the City in regard to any random verification performed. Neither the Service Provider nor any Sub-contractor shall be deemed to have materially breached the Professional Immigration Warranty if the Service Provider or Sub-contractor establishes that it has complied with employment verification provisions prescribed by sections 274A and 274E 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 Service Provider 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 Service Provider or sub-contractor. Services include construction or maintenance of any structure, building or transportation facility or improvement to real property. 28. Service Provider shall exercise the same degree of care, skill and diligence in the performance of the Services as is ordinarily possessed and exercised by a professional under similar circumstances. 29. Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than City and Service Provider. 30. 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. Dated this day of 2014. City of Prescott, a municipal corporation SERVICE PROVIDER Professional Services Agreement 7 Marlin D. Kuykendall, Mayor M.C. Woodfill & Associates, L.L.C. By: Title: ATTEST: APPROVED AS TO FORM: Dana R. DeLong, City Clerk Jon M. Paladini, City Attorney '"\ ,..Ns Professional Services Agreement 8 III I'. crryor PRESCOTT F, eG ,' °"r`f°""` COUNCIL AGENDA MEMO MEETING DATE/TYPES: COMBINED WORKSHOP AND 12-2-14 REGULAR VOTING MEETING DEPARTMENT: Community Development AGENDA ITEM: Adoption of Resolution No. 4266-1475 thanking the General Plan Committee members for their work in the preparation of the draft 2014 Prescott General Plan and formally ending the duties of the Committee; a brief overview will be presented by the Committee Approved By: Date: Director: Guice, Tom 11/24/2014 City Manager: McConnell, Craig ) 4i //- , L U Item Summary �., Arizona Revised Statutes require municipalities to review and update their General Plans periodically. Prescott adopted its current General Plan in 2003 and is required to complete an update by the end of 2015. The General Plan Committee was appointed to complete that update. With their duties accomplished, it is the desire of the City Council to thank the members for their service to the community and to formally abolish the Committee. The co-chairs of the Committee will provide a brief overview of the work done by the Committee. Background On April 26, 2011 the City Council appointed the members of the General Plan Committee and tasked them with updating the 2003 General Plan. The Committee held their first meeting on May 18, 2011 and began collecting information on the numerous topics covered in the General Plan. Over the course of 41 committee meetings, the members hammered out a draft General Plan update that was submitted to the Planning and Zoning Commission earlier this year. Public comments and suggestions were received and considered by the Committee right up to their last meeting. Attachments 1. Resolution No. 4266-1475 Recommended Action: MOVE to adopt Resolution No. 4266-1475. RESOLUTION NO. 4266-1475 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF PRESCOTT, YAVAPAI COUNTY, ARIZONA, ACKNOWLEDGING THE EFFORTS OF THE GENERAL PLAN COMMITTEE AND THANKING THE COMMITTEE MEMBERS FOR THEIR CONTRIBUTION TO THE COMMUNITY. RECITALS: WHEREAS, Arizona Revised Statutes require municipalities to review and update their General Plans periodically, and WHEREAS, the City of Prescott ("Prescott") adopted its current General Plan in 2003 and is required to complete an update by the end of 2015; and WHEREAS, Prescott is in the process of updating its General Plan; and WHEREAS, the City Council appointed a citizens' committee to begin the process of drafting an updated and comprehensive General Plan for Prescott, and WHEREAS, the Committee held its first meeting in May, 2011 and, over the course of 41 committee meetings, the members reviewed thousands of pages of documents, communicated with the public and drafted a General Plan update that was submitted to the Planning and Zoning Commission in 2014; and WHEREAS, now that the Committee has completed its duties, it is the desire of the City Council to acknowledge their efforts and contributions and to thank the General Plan Committee members for their dedication to the community. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF PRESCOTT: THAT the City of Prescott acknowledges the efforts and thanks Prescott General Plan Committee members Miriam Haubrich (co-chair), Terry Marshall (co-chair), Brad Devries, Dave Fisher, Glenn Gooding, Zena Mitchell, Elisabeth Ruffner, Roxane Nielsen, George Sheets, Gary Worob, David Quinn, Councilmember Steve Blair (ex- officio), Councilmember John Hanna (ex-officio), Councilmember Len Scamardo (ex- officio), Councilmember Chris Kuknyo (ex-officio), and Councilmember Jean Wilcox (ex-officio) for their service and dedication to the community; and PASSED, APPROVED AND ADOPTED by the Mayor and Council of the City of Prescott this day of , 2014. RESOLUTION NO.4265-1474 PAGE 2 MARLIN D. KUYKENDALL, Mayor ATTEST: APPROVED AS TO FORM: DANA DELONG JON M. PALADINI City Clerk City Attorney 1Lb. ciTYoF PRESCOTT F�,-u1; r °"nctate" COUNCIL AGENDA MEMO MEETING DATE/TYPE: COMBINED WORKSHOP AND 12-2-14 REGULAR VOTING SESSION DEPARTMENT: Finance AGENDA ITEM: Adoption of Ordinance No. 4916-1454 repealing development impact fees for fire and police Approved By: Date: Director: Woodfill, Mark 11/18/2014 City Manager: McConnell, Craig a Background At the May 13, 2014, Council meeting, development impact fees for water, wastewater, fire, and police were adopted by Resolution No. 4225-1434. For each of the fire and police fees, Council opted to set rates of zero ($0.00) from August 1, 2014 (the effective date of all of the updated impact fees), until January 1, 2015; and established a checkpoint of December 2014 for further consideration of these two categories. All of the fees set by Resolution No. 4224-1434 were codified by adoption of Ordinance No. 4889- 1427 on June 24, 2014. If no further action is taken, the fire and police development impact fees identified by Exhibit B to Resolution No. 4224-1434, and codified by Ordinance No. 4889-1427, will go into effect on January 1, 2015. For reference, presentation slides from the May 6, 2014, Council meeting pertaining to the fire and police development impact fees are attached; the fee amounts indicated are those which were subsequently adopted. There have been no significant changes to City finances since the fire and police impact fees were set at zero, and calendared for further discussion in December 2014. Simply stated, General Fund resources are insufficient to support both the portions of the capital cost of the new facilities listed in the Fire and Police Infrastructure Improvement Plans (IIP) that are not attributable to new growth (i.e., existing deficiencies ineligible for funding from impact fees), as well as the recurring operating costs, none of which can be paid from impact fees. These (unfunded) portions of the capital facilities costs are $2,183,000 for Fire and EMS IIP Projects, and $1,969,918 for Police IIP Projects. The recurring annual operating costs for a new fire station alone are in the range of $1.0 to $1.2 million per year, not including fire apparatus (a fire engine) that costs over $500,000 and must be replaced in the future when its service life is depleted. Unless/until General Fund financial resources are augmented and assured for each future fiscal year, as a matter of prudent financial policy, construction of new fire and police facilities only Agenda Item: Adoption of Ordinance No. 4916-1454 repealing development impact fees for fire and police partially funded by development impact fees cannot be recommended. Because of the above-described financial context, it is recommended that Ordinance No. 4914- 1454 (attached) be adopted, repealing the fire and police impact fees. Should the funding picture change in the future, a new impact fee study and associated public process can be initiated. Attachment (1) Summary of Development Impact Fee Study, fire and police fees, 5/6/14 Council meeting (2) Ordinance No. 4916-1454 • Recommended Action: MOVE to adopt Ordinance No. 4916-1454. 2 Cl) '4=11 O O O 0 — 0 Ln in 0 00 N N m a) omo0. •O u Ein- L a ,� O Om c MI O > o 0 0 O Qrl N ,�-1 a Cl)somm 0 0 0 0 iO Ln Ln O mLDm m L!J . c CO = r-i C. LL U . O > \ \ o G) O O O CtSa O� N 000 a) L. '_ 0 . 0 O 76000 0 0 0 - 0 0 0 0 o cod L m r-1 N N lD 4-0 t.) a) •0 N N N a c c c 0 0 0 E—i8 fB CO cS ci ci ci ;) ra sr f1�'` Cl) Cl) a) 0 rrg _, L l. 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ORDINANCE NO. 4916-1454 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF PRESCOTT, YAVAPAI COUNTY, ARIZONA, AMENDING THE PRESCOTT CITY CODE BY REPEALING TITLE III, CHAPTER 3-14 (DEVELOPMENT FEES), SECTION 3-14-2 (DEVELOPMENT FEES FOR FIRE) AND SECTION 2-14-3 (DEVELOPMENT FEES FOR POLICE), AND RESERVING SUCH SECTIONS FOR FUTURE USE. RECITALS: WHEREAS, the City of Prescott has determined to not charge development impact fees for capital expenditures for the fire and police departments. ENACTMENTS: NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PRESCOTT AS FOLLOWS: SECTION 1. THAT the Prescott City Code Title III, Chapter 3-14 (Development Fees), Section 3-14-2 (Development Fees for Fire) and Section 3-14-3 (Development Fees for Police), are hereby repealed in their entirety and such Sections are reserved for future use. PASSED AND ADOPTED by the Mayor and Council of the City of Prescott this day of , 2014. MARLIN D. KUYKENDALL, Mayor ATTEST: APPROVED AS TO FORM: DANA R. DeLONG, City Clerk JON A. PALADINI, City Attorney ('ITyor PKESCOTT COUNCIL AGENDA MEMO MEETING DATE/TYPES: COMBINED WORKSHOP AND 12-2-14 REGULAR VOTING SESSION DEPARTMENT: Finance AGENDA ITEM: Adoption of Ordinance Nos. 4917-1455 and 4918-1456 implementing revised water and wastewater utility rates and making related amendments to the Prescott City Code Approved By: Date: Director: Woodfill, Mark 11/18/2014 J City Manager: McConnell, Craig Ottai,k) Item Summary These two Ordinances are for implementation of the water and wastewater rates pursuant to Arizona Revised Statutes §9-511. Background To adopt utility rates, the City is mandated to develop a Utility Rate Report consistent with Arizona Revised Statutes §9-511. The legislation requires specific timeframes between publication, public hearing, and Council consideration of the utility rates. The rate setting process, and status of activities, is as follows: 10/3/14 Advertisement Notification placed on the City's webpage informing the public of Complete possible adjustments to water and wastewater rates. Presentation by Raftelis Financial Consultants on the Utility 10/7/14 Rate Update. Discussion of rate adjustments necessary to fund Complete Council Workshop the FY15-19 Water and Wastewater IIP/CIP and operational expenses; presentation of the schedule for the rate setting public process. Presentation and discussion of public comments received; 10/14/14 Council Voting Meeting direction to proceed with rate setting process and/or other Complete direction. Adoption of notice of intent to adjust rates; set a public hearing; and release the public report. 10/27/14 Newspaper Notification of intent placed in the newspaper informing the Complete Advertisement public of the date, time and place of the hearing. 10/28/14 Public meeting with Public Meeting#1 to present proposed rates and receive Complete customers comments. Agenda Item: Adoption of Ordinance Nos. 4917-1455 and 4918-1456 implementing revised water and wastewater utility rates and making related amendments to the Prescott City Code 11/4/14 Council Workshop Presentation by Raftelis Financial Consultants on the Utility Complete Rate Update. 11/6/14 Public meeting with Public Meeting#2 to present proposed rates and receive Complete customers comments. 11/18/14 Council Voting Meeting Public hearing on the proposed rates. Complete 12/2/14 Council Voting Meeting Following the public hearing, Council could adopt an ordinance setting adjusted water and wastewater rates. 1/1/15 New rates in effect Ordinance setting new rates effective not less than 30 days after adoption. A flyer was placed at Utility Billing (counter and drive through), Public Works, and Utility Operations informing customers of the dates/times of the various meetings. In addition, a media release, media articles, mailings to the top 40 water consumers, and the City's website was utilized to inform the public. Throughout this public process questions specific to the utility rates have been received. The questions and answers are summarized on the City's website (http://citvofprescott.net/utilitv-rate-settina.php). The Utility Rate Report included two (2) options for water rates; however, based on Council feedback, the rates within the Ordinances reflect Alternative 1. In addition to the publicly presented rate adjustments, there are several other related minor code amendments which are summarized as follows: Ordinance 4918-1456 (Water) • Section 1 - An increase to water service deposits to correspond to the increased rates. The rule of thumb is a deposit equal to two (2) months of bills. • Section 2 — An update or addition of various rate tables reflecting the proposed utility rates, and including the new aquifer protection fee. • Section 3 - A provision to allow the Finance Director and City Attorney to administratively write-off uncollectable accounts. Ordinance 4917-1455 (Wastewater and Effluent) • Section 1 —An update to the rate table reflecting the proposed utility rates. • Section 2 — Providing the basis for billing wastewater only accounts (i.e., no water service). Wastewater bills are presently based on winter water consumption. Without water service, there is no basis for billing wastewater. The code amendment utilizes an average of the customer classification (e.g., residential) to calculate a bill. • Section 2 - A requirement for private group lift stations to have a flow measuring device to accurately and fairly determine the wastewater flow generated in the private system. • Section 2 - A procedure and remedy for failure to timely pay monthly accounts with wastewater only. • Section 3 - A new rate table reflecting the proposed effluent rates. 2 Agenda Item: Adoption of Ordinance Nos. 4917-1455 and 4918-1456 implementing revised water and wastewater utility rates and making related amendments to the Prescott City Code Councilwoman Wilcox has proposed to change the description of the proposed Aquifer Protection Fee to Watershed Protection Fee, and that specific uses of this fund be defined to incorporate the recommendations made by Chuck Budinger at the November 18, 2014 Public Hearing. Schedule If adopted, the attached Ordinances will implement utility rate adjustments for the three (3) years beginning January 1, 2015. The new rates will be reflected in customer bills beginning in February 2015. Attachments 1. Ordinance No. 4917-1455 2. Exhibits for Ordinance No. 4917-1455 3. Ordinance No. 4918-1456 4. Exhibits for Ordinance No. 4918-1456 Recommended Action (by separate motions): (1) MOVE to adopt Ordinance No. '"` 4917-1455; and (2) MOVE to adopt Ordinance No. 4918-1456. 3 a ORDINANCE NO. 4917-1455 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF PRESCOTT, YAVAPAI COUNTY, ARIZONA, AMENDING PRESCOTT CITY CODE TITLE II (DEPARTMENTS), CHAPTER 2-1 (PUBLIC WORKS DEPARTMENT), BY AMENDING SECTION 2-1-21 (UTILITIES DIVISION, WASTEWATER RATES), ADDING A NEW SECTION 2-1-22 (WASTEWATER ONLY SERVICE AND SEPTAGE RECEIVING), AND AMENDING SECTION 2-1-57 (EFFLUENT LINE AND CONNECTIONS). RECITALS: WHEREAS, the Prescott City Charter Article XII (Franchise and Public Utilities), Section 2 (Establishment of Municipally Owned and Operated Utilities) provides that the City Council may provide by ordinance the establishment of water and wastewater utilities and provide for its regulation and control and the fixing of rates to be charged; and WHEREAS, the City of Prescott desires to amend Prescott City Code Chapter 2-1 as follows. ENACTMENTS: NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PRESCOTT AS FOLLOWS: SECTION 1. THAT the Prescott City Code Title II, Chapter 2-1, Section 2-1-21 (Wastewater Rates), is hereby amended as follows: A. The Rate Table in Paragraph B is amended as shown on Exhibit A to this Ordinance. SECTION 2. THAT the Prescott City Code Title II, Chapter 2-1, is amended to add a new Section 2-1-22 (Wastewater-Only Service and Septage Receiving), as follows: (A) There is hereby established a rate for residential utility customers receiving wastewater service from the City but not water service. Wastewater-only service charges shall begin at the time of connection to the wastewater system. Customers shall be billed monthly thereafter when the building is occupied. The wastewater-only rate shall be based on the average quantity for all users in the same customer classification. (B) The charge for each wastewater-only connection shall be the monthly base charge plus the volume charge based on the average customer classification usage for winter months times a rate based as set forth in the rate table Section 2-1-21(B) of this Code. (C) Collective or group wastewater only users who connect to the City wastewater system by way of a private lift station shall install, calibrate, and maintain, at their own expense, an accurate flow measuring device to aid in determining wastewater flows. ORDINANCE NO. 4917-1455 PAGE 2 When installed, said device shall be used to determine the flow of wastewater for that user group, and shall be the basis for the billing charge. Flow-based billing shall be calculated as the sum of the monthly base charge per account plus an amount per unit of flow, both as set forth in the Nonresidential (General) category of the Wastewater Fee Table of Section 2-1-21(B). (D) The monthly service charge and any other fees herein established shall be collected from the property owner, or from the users of the premises which are connected to the city wastewater system. Such monthly service charge and any other fees established by this Section shall run with the land to which such charges and fees relate, except where otherwise explicitly prohibited by state law. (E) All fees and assessments under this Section are due and payable on the date billed. Late charges of one and one-half percent (1.5%) per month of the unpaid balance due will be imposed on bills not paid within thirty (30) calendar days after the billing date. (F) Procedure and remedies for failure to timely pay monthly wastewater only service charge. 1. A monthly wastewater-only service charge for wastewater collection and treatment shall be delinquent if not paid within thirty (30) calendar days after the bill is issued. 2. A notice of delinquency shall be mailed certified, return receipt requested, to the last known address of the property owner or to the address at which the tax bill for the property was last mailed, and the occupant of the premises or other users of the city wastewater system. 3. An appeal to the notice of delinquency must be filed in writing within fifteen (15) calendar days of the date of receipt of the notice. (G) Notwithstanding any term, clause or section in this chapter, pursuant to A.R.S. Section 9-511.02, in the event the monthly wastewater-only service charge for wastewater collection and treatment for a property becomes delinquent for more than ninety (90) days, the city may file a lien upon the property for which wastewater service is provided for such nonpayment of monthly charges. Prior to filing such lien, the city shall comply with the procedures set forth in A.R.S. Section 9-511.02. Any lien placed on a property pursuant to this section shall be enforceable pursuant to and in accordance with A.R.S. Section 9-511.02. (H) There is hereby established a septage receiving rate for wastewater haulers as such use is described in Section 2-1-46-3 of this Code. The septage receiving rate for wastewater haulers shall be determined based on a rate of One Hundred Dollars ($100.00) for every One Thousand (1000) gallons of septage delivered. SECTION 3. THAT the Prescott City Code Title II, Chapter 2-1, Section 2-1-57 (Effluent Lines and Connections) is amended by adding the following: 2 ORDINANCE NO. 4917-1455 PAGE 3 There is hereby established an effluent use fee as set forth in the table of Exhibit B to this ordinance. The charge for the sale of City effluent to a user shall be calculated at the effluent use fee, except as otherwise provided by a separate agreement approved by the City Council between the City and the effluent user or as otherwise provided in this section. Notwithstanding the foregoing, the effluent rate charged to any municipal golf course shall be no more than the effluent rate charged to any other golf course receiving City effluent. PASSED AND ADOPTED by the Mayor and Council of the City of Prescott this day of , 2014. MARLIN D. KUYKENDALL, Mayor ATTEST: APPROVED AS TO FORM: DANA R. DELONG, City Clerk JON M. PALADIN!, City Attorney 3 Exhibit A Wastewater Rates Through 1/1/2015 - 1/1/2016 - Beginning 12/31/2014 12/31/2015 12/31/2016 1/1/2017 Monthly Base Charge . Residential I $ 19.07 I $ 20.12 I $ 20.76 $ 21.47 Nonresidential I 20.21 I 20.76 I 21.10 21.47 Volume Charge (per 1,000 gallons) Residential I $ 4.13 I $ 4.74 I $ 5.11 $ 5.52 Nonresidential (General)1 I 5.18 5.61 I 5.88 6.17 Restaurant I 6.28 6.28 I 6.28 6.28 Market W/Disposal 5.84 5.84 I 5.88 6.17 Mortuaries I 5.84 I 5.84 I 5.88 6.17 'The nonresidential (general) rate applies to all nonresidential uses not otherwise listed in the table. —° MW Wastewater Rate Table.xlsx 11/17/2014_3:25 PM Exhibit B Effluent Rate Volume Rate Effective Period Per Acre-ft I Through 12/31/2014 $ 500.00 1/1/2015 - 12/31/2015 626.00 1/1/2016 - 12/31/2016 I 704.00 I Beginning 1/1/2017 783.00 4110. MW Wastewater Rate Table.xlsx 11/17/2014 3:25 PM ORDINANCE NO. 4918-1456 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF PRESCOTT, YAVAPAI COUNTY, ARIZONA, AMENDING PRESCOTT CITY CODE TITLE II (DEPARTMENTS), CHAPTER 2-1 (PUBLIC WORKS DEPARTMENT), SECTION 2-1-17 (UTILITIES DIVISION, WATER SERVICE DEPOSITS), SECTION 2-1-18 (UTILITIES DIVISION, WATER RATES), AND SECTION 2-1-19 (UTILITIES DIVISION, WATER METER READING AND BILLING). RECITALS: WHEREAS, the Prescott City Charter Article XII (Franchise and Public Utilities), Section 2 (Establishment of Municipally Owned and Operated Utilities), provides that the City Council may by ordinance establish water and wastewater utilities, and provide for the regulation and control of such utilities and the fixing of rates to be charged; and WHEREAS, the City of Prescott desires to amend Prescott City Code Chapter 2-1 as follows. ENACTMENTS: NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PRESCOTT AS FOLLOWS: SECTION 1. That the Prescott City Code Title II, Chapter 2-1, Section 2-1-17 (Water Service Deposits), is hereby amended as follows: A. Residential Consumer deposit is increased to $200. B. Multi-service (2-5 units) deposit is increased to $250. C. Multi-service (over 5 units) deposit is increased to $325. D. Commercial and industrial deposit is increased to the greater of $200 or to cover at last two (2) months' estimated bills. The last paragraph in Section 2-1-17 regarding deposits for customers outside of the Prescott City limits is deleted. SECTION 2. THAT the Prescott City Code Title II, Chapter 2-1, Section 2-1-18 (Water Rates), is hereby amended as follows: A. The Rate Table in Paragraph A is amended as shown on Exhibit A to this Ordinance. B. The Rate Table in Paragraph B is amended as shown on Exhibit B to this Ordinance. C. The Alternative Water Source Fee in Paragraph C is amended as shown on ORDINANCE NO. 4918-1456 Page 2 Exhibit C to this Ordinance. et D. The Fixed Charge Based upon Meter Size in Paragraph D is amended as shown on Exhibit D to this Ordinance. E. A new Paragraph E is inserted to read as follows: In addition to the charges provided for herein, there shall be a monthly fixed charge for an Aquifer Protection Fee to provide a dedicated funding source for design, construction and operation of facilities and implementation of other measures and practices necessary for to achieve and maintain water quality mandated by state and federal law applicable to surface, reuse and recharge assets, as set forth in the following table: F. The new Paragraph E Aquifer Protection Fee Table is added as shown on Exhibit E to this Ordinance. G. Existing Paragraphs E through M are re-lettered accordingly. H. Re-Lettered Paragraph F is amended to read as follows: Other Incorporated Municipalities: Water furnished to consumers in incorporated municipalities other than the City shall be charged at the same rate as water furnished similar consumers within the City (inside City limits rates) plus a ._. surcharge equal to thirty percent (30%) of the inside City limits rates. The surcharge shall also apply to the monthly fixed charge, alternative water sources fee and the Aquifer Protection Fee. I. Re-Lettered Paragraph G is amended to read as follows: All Other Areas: Water furnished to consumers in all areas other than incorporated municipalities shall be charged at the same rate as water furnished to similar consumers within the City (inside City limits rates) plus a surcharge equal to forty percent (40%) of the inside City limits rates. The surcharge shall also apply to the monthly fixed charge, alternative water sources fee and the Aquifer Protection Fee. SECTION 3. THAT the Prescott City Code Title II, Chapter 2-1, Section 2-1-19 (Water Meter Reading and Billing), is hereby amended to add the following after the last sentence: The Finance Director is also authorized to write-off a water billing account in the event the account is deemed uncollectable or unwarranted by the Finance Director and City Attorney. 2 ORDINANCE NO. 4918-1456 Page 3 PASSED AND ADOPTED by the Mayor and Council of the City of Prescott this day of , 2014. MARLIN D. KUYKENDALL, Mayor ATTEST: APPROVED AS TO FORM: DANA R. DELONG, City Clerk JON M. PALADINI, City Attorney 3 Exhibit A Residential Water Rates I Single Family Block Rate ($/1,000 gal) Thresholds Through 1/1/2015 - 1/1/2016 - Beginning (gallons) 12/31/2014 12/31/2015 12/31/2016 1/1/2017 First 3,000 I $ 3.21 I $ 3.21 I $ 3.23 $ 3.24 Next 7,000 4.83 I 4.83 I 4.85 4.86 Next 10,000 7.25 7.25 I 7.27 7.29 Over 20,000 I 14.49 I 14.49 14.54 14.58 Multi-Family Block 000/at e $ 1, gal) ( g ) (gallons per Through 1/1/2015 - 1/1/2016 - Beginning unit) 12/31/2014 12/31/2015 12/31/2016 1/1/2017 - I First 1,700 I $ 2.58 I $ 2.76 $ 2.85 I $ 2.93 I Next 3,300 3.89 I 4.14 I 4.28 4.40 Next 5,000 I 5.83 I 6.21 6.41 6.59 Over 10,000 11.68 I 12.42 I 12.83 13.19 MW Water Rate Tables.xlsx 11/17/2014 3:24 PM Exhibit B Nonresidential Water Rates 1. Nonresidential properties will be assessed according to meter size, based upon the following table: INonresidential Monthly Usage in Blocks (1,000 gallons) Meter Size 1 2 3 I 4 5/8" 3/4" 6 22 I 32 >60 1" 15 55 80 >150 I 1 1/2" 30 110 I 160 >300 I 2" 48 176 I 256 >480 3" 96 352 I 512 >960 4" 150 550 I 800 >1,500 I 6" 300 1,100 I 1,600 >3,000 I 8" 480 1,760 I 2,560 >4,800 2. Nonresidential rates will be in accordance with the following table: Rate ($/1,000 gal) Through 1/1/2015 - 1/1/2016 - Beginning Block 12/31/2014 12/31/2015 12/31/2016 1/1/2017 I 1 I $ 2.93 $ 3.15I $ 3.39I $ 3.54 I 2 4.40 I 4.73 I 5.09 I 5.31 I 3 6.60 I 7.09 7.63 7.97 I 4 I 13.21 14.18 I 15.26 I 15.93 3. Other nonresidential rates will be in accordance with the following table: Rate ($/1,000 gal) Through 1/1/2015 - 1/1/2016 - Beginning Use 12/31/2014 12/31/2015 12/31/2016 1/1/2017 (Construction/Hydrant I $ 2.93 $ 3.87 I $ 4.33 I $ 4.78 .. IBulk Water Dispensing Station I 2.50 I 2.97 I 3.21 I 3.43 MW Water Rate Tables.xlsx 11/17/2014_3.24 PM Exhibit C Alternative Water Fee Volume Rate Effective Period Per 1,000 Gallons Through 12/31/2014 $ 0.85 1/1/2015 - 12/31/2015 0.87 1/1/2016 - 12/31/2016 0.88 Beginning 1/1/2017 I 0.89 MW Water Rate Tables.xlsx 11/17/2014 3.24 PM Exhibit D Fixed Monthly Base Charge Through 1/1/2015 - 1/1/2016 - Beginning Meter Size 12/31/2014 12/31/2015 12/31/2016 1/1/2017 5/8" $ 12.90 $ 13.16 $ 13.42 I $ 13.69 3/4" 13.60 13.87 I 14.15 I 14.43 1" 15.40 15.71 16.02 16.34 1 1/2" 19.70 20.09 I 20.49 I 20.90 2" 25.00 25.50I 26.01 I 26.53 3" 37.20 37.94 38.70 39.47 4" 54.60 55.69 56.80I 57.94 6" 98.10 100.06 I 102.06 I 104.10 8" 150.40 153.41 I 156.48 I 159.61 MW Water Rate Tables.xlsx 11/17/2014_3:24 PM Exhibit E Aquifer Protection Fee Through 1/1/2015 - 1/1/2016 - Beginning Meter Size 12/31/2014 12/31/2015 12/31/2016 1/1/2017 5/8" $ - I $ 0.70I $ 0.71I $ 0.72 3/4" - I 1.05 1.07 1.08 1" - 1.17 I 1.18 I 1.20 1 1/2" - I 2.33 I 2.37 I 2.40 2" - I 3.73I 3.79I 3.84 I 3" - I 7.00 I 7.10 I 7.20 4" - I 11.67 11.831 12.00 6" - I 23.33 23.67 I 24.00 1 8" - I 37.33I 37.87 I 38.40 MW Water Rate Tables.xlsx 11/17/2014 3:24 PM ,E--• ta-1 jc tt 1 rn V1 pl, n � 2$ vii-o c a > L ,r.._) a) vii-.1 0 0) it �J cNis (1)... ti'Ll) g L_ > 12 CD V 1.0 a) C CZ 1 a) Emi v 0. c p *r c •- Q wci ...) a O .0 co v v o o. _0 N ,nn Z N L L w O JL O — y LL � 3Q• d °' c M 1�1 a) d C .0 03 04 Z t ) cu to •w, p w a) y tl) Q> N O L a CO O d -0- c N j r 'a 0 a+=' C. 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Any proposed water or wastewater rate or rate component, fee or service charge adjustment or increase shall be just and reasonable. E. Rates and charges demanded or received by municipalities for water and wastewater service shall be just and reasonable. Every unjust or unreasonable rate or charge demanded or received by a municipality is prohibited and unlawful. 1.1. Proposed Aquifer Protection Fee The aquifer protection fund intended projects include cleaning up the Watson and Willow Lakes. Prescott City Charter Article VIII. Section 12 requires Watson and Willow Lakes be "retained as open space and/or utilized for water supply and recreational uses in perpetuity." Is charging water users a fee to clean up Watson and Willow Lakes, which are to be used in perpetuity for open space and/or water supply and recreational uses just and reasonable? Should the aquifer (or watershed) protection fund be financed by the general fund rather than water users? If shared between water users and the general fund. how should it be proportioned? 1.2. Proposed effluent rates The Water and Wastewater Rate Study Report suggests a reasonable effluent rate is 70% of the potable water rate and calculates that to be $1,100 per acre-foot by a method that ignores tiered rating similar to potable water use schedules. Notwithstanding this calculation and methodology, the proposed effluent volume rate is significantly less than the rate set forth in the water rate study report as reasonable. Will the adoption of a less than reasonable marketable effluent rate and the proposal to apply the same rate to municipal golf courses as the reduced rate contracted with private golf courses unjustly or unreasonably shift costs and value of water service from effluent users to potable water users? If so. the proposed rates are "prohibited and unlawful." 2. Long-term effluent contracts —unlawful restrictions on Prescott City Council? Are effluent agreements contracted by previous city councils with Prescott Lakes. Hassayampa, and Hanson Aggregates unenforceable and void as unlawful attempts to bind subsequent councils. including the current council. from exercising their legislative authority and responsibilities. e.g. adopting just and reasonable water rates pursuant to ARS 9-51 1.01? See Constitution of the State of Arizona. Art. 13. Sec. 6 and Higgins ' Estate v. Huhhs, 31 Ariz. 252. 252 P. 515 (1926). *The Supreme Court of Arizona in City of Scottsdale r. Municipal Court of Tempe, 90 Ariz. 393. 368 P.2d 637(1962)established that the operation of a sewage disposal plant is a governmental function. And. "[elstablishing rates to be charged for sewage disposal for customers within the corporate limits of a city is a governmental function. See 10 McQuillan. Municipal Corporations. s 29.101. p. 467 (3d Ed. 1970);" Copper Country Mobile HOME!Park r. City of Globe. 131 Ariz. 329. 332-333. 641 P.2d 243,246-247 (App. Div.2 1981) rITY0F PRESCOTT AG EN DA ��Jcry tN(yJ 1-76,st / €itit *Additional Material PRESCOTT CITY COUNCIL Council Chambers COMBINED WORKSHOP & REGULAR VOTING MEETING 201 South Cortez Street Tuesday, December 2, 2014 Prescott, Arizona 86303 3:00 PM (928) 777-1100 * Additional Material for Regular Agenda Item II.E. Councilwoman Wilcox requested that the attached document submitted by Chuck Budinger at the November 18, 2014, Council meeting be distributed at the December 2, 2014, Council meeting with Item II.E. II. REGULAR AGENDA E. Adoption of Ordinance Nos. 4917-1455 and 4918-1456 implementing revised water and wastewater utility rates and making related amendments to the Prescott City Code ORDINANCE NO. 4917-1455 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF PRESCOTT, YAVAPAI COUNTY, ARIZONA, AMENDING PRESCOTT CITY CODE TITLE II (DEPARTMENTS), CHAPTER 2-1 (PUBLIC WORKS DEPARTMENT), BY AMENDING SECTION 2-1-21 (UTILITIES DIVISION, WASTEWATER RATES), ADDING A NEW SECTION 2-1-22 (WASTEWATER ONLY SERVICE AND SEPTAGE RECEIVING), AND AMENDING SECTION 2-1-57 (EFFLUENT LINE AND CONNECTIONS). ORDINANCE NO. 4918-1456 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF PRESCOTT, YAVAPAI COUNTY, ARIZONA, AMENDING PRESCOTT CITY CODE TITLE II (DEPARTMENTS), CHAPTER 2-1 (PUBLIC WORKS DEPARTMENT), SECTION 2-1-17 (UTILITIES DIVISION, WATER SERVICE DEPOSITS), SECTION 2-1-18 (UTILITIES DIVISION, WATER RATES), AND SECTION 2-1-19 (UTILITIES DIVISION, WATER METER READING AND BILLING). RECOMMENDED ACTION: (by separate motions): (1) MOVE to adopt Ordinance No. 4917-1455; and (2) MOVE to adopt Ordinance No. 4918-1456. Received at the November 18, 2014 Council Meeting. tk* Councilwoman Wilcox has asked that this item be distributed at the December 2, 2014 Council meeting with Item II.E. Comments for City Council Hearing for the Aquifer Protection Fee Presented by Chuck Budinger 1802 Short Line Lane Prescott, Arizona 86301 Name should be changed to Watershed Protection Fee. Aquifer protection is a result of watershed protection. The tax should be specifically designated for one type of activity, watershed protection. Aquifer protection comes under the wastewater program. II. The specific facilities and types of projects should be spelled out for Watershed Protection. Such facilities and projects might be identified as flood plain acquisition, construction of stormwater retention basins, restoration of wetlands and river banks (riparian areas), improvements to urban landscaping using infiltration and curb cuts, pervious pavement for sidewalks and parking lots, and/or rainwater harvesting. Basically, separate the tasks for wastewater, drinking water supply, and aquifer protection from watershed facilities or projects. III. Remove reference to "implementation of other measures...necessary to achieve and maintain water quality mandated by state and federal law...applicable to recharge assets." The City does not want to spend funds mandated, or directed, by an outside agency not accountable to those being taxed. Suggested phrasing might mention the following: "facilities designed and constructed to improve water quality consistent with federal and state standards as defined by scientific criteria using approved methods and techniques." But keep the design and construction options under the direction of the City or their partners. IV. Not sure what the City is intending to do with a "restricted water sub fund." Is this a sub-set of the overall Watershed Protection Fee or another fee or a contingency for sewer lines, etc?" h ;;, F - iI .F cITYoF PRESCOTT COUNCIL AGENDA MEMO MEETING DATE/TYPES: VOTING SESSION 12-2-14 DEPARTMENT: Finance AGENDA ITEM: Adoption of Resolution No. 4264-1473 establishing a policy for credits to utility bills for excessive water loss on the customer side of meters Approved By: Date: Director: Woodfill, Mark 11/18/2014 City Manager: McConnell, Craig ?a . i/"2 ' ' " U Item Summary A policy is proposed that would clarify and provide relief to water utility customers who have unknowingly experienced excessive water loss due to leaks or other causes on their side of the water meter, resulting in unusually high utility bills. The water usage charge would be reduced by 50% subject to all of the following criteria being met: 1. The abnormally high water quantity is due to a leak (or improper operation of a device) on the customer side of the meter, of which the customer can demonstrate that they had no knowledge. 2. The quantity billed is more than double the higher of the 12 month average or the same month in the previous year. 3. The leak must be repaired prior to filling out the Leak Adjustment Application. 4. All requests must be filed with the City within ninety (90) days of the issuance of the first bill reflecting the water loss. 5. Customers are eligible for only one credit during a 60 month period. 6. No more than two consecutive billing cycles will be adjusted by application of a credit. Background This item was discussed at the November 4, 2014, Council meeting, at which the following background was provided, and is repeated for reference. The City is committed to providing the highest quality water service through superior customer service, strong financial management, and environmental stewardship. With a utility system as old as the City's, many of our customers also have older plumbing and Agenda Item: Adoption of Resolution No. 4264-1473 establishing a policy for credits to utility bills for excessive water loss on the customer side of meters experience leaks. The City has built a rate structure to encourage conservation. Although this has reduced water usage, it can result in costly bills for conservation-oriented customers who incur leaks. In 2009, the City Manager approved a policy that allowed the water portion of the bill to be reduced by 50% if the following criteria were met: 1. The customer must notify the City within 90 days from the date of their statement that there was a leak or other unexplained high water usage 2. The usage must be extraordinarily higher than the normal usage of the account. A new policy, with more specific, uniform eligibility criteria, is proposed for incorporation into the City Code. As an actual example, a customer's toilet ran constantly due to a defective shutoff valve. Their average monthly usage was 6,786 gallons, and monthly bill $102.39. The leak resulted in 108,890 gallons being used during a one-month billing cycle, for which the bill was $1,721.73. After the credit was applied, the customer paid $897.35. The highest credit under the current policy was due to an irrigation system leak that went undetected. The normal bill for this irrigation meter was $38.73 with an average usage of 3,758 gallons. Their leak resulted in 551,300 gallons being used during a one-month billing cycle and a bill of $11,162.68. After the credit was applied, the customer paid $5,590.34. The average annual number of customers and the total credits they received are 253 customers and $85,000. During the unusually cold winter of 2013, 310 customers received $119,098 in credits. Additional Information since the November 4,2014, Meeting. Every week, the Utility Billing Section processes 5,500 bills, of which 800 are identified as exceptions: high reads, 0 reads, and negative reads due to faulty meters. Approximately 60% of the exceptions are high usage. If the usage is abnormally high, the account is set for a manual read, and a letter is sent to the customer with a "Guide to Finding and Fixing Water Leaks" (attached). Customers who receive this letter usually contact the City to have a technician verify that the read is correct and the meter is working properly. On many occasions, the technician will find that the meter is moving (showing a constant use or a leak) and will help the customer identify the cause. Additionally, Water Smart fliers are included with all utility bills periodically during the year, providing guidelines for efficient irrigation, and preventing leaks (attached). 2 Agenda Item: Adoption of Resolution No. 4264-1473 establishing a policy for credits to utility bills for excessive water loss on the customer side of meters Attachments 1. Resolution No. 4264-1473 2. Leak letter and fixing water leaks brochure 3. Water Smart flyers included in all utility bills albs Recommended Action: MOVE to adopt Resolution No. 4264-1473. 3 ... RESOLUTION NO. 4264-1473 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF PRESCOTT, YAVAPAI COUNTY, ARIZONA, ADOPTING A COUNCIL POLICY REGARDING CREDITS TO UTILITY BILLS FOR EXCESSIVE LOSS ON THE CUSTOMER SIDE OF THE METER. RECITALS: WHEREAS, City water service customers are responsible for all water that flows through the meter measuring their usage, unless a flow test performed by the City confirms that the meter is out of calibration by greater than five percent (5%); and WHEREAS, it is the responsibility of City water service customers to monitor their plumbing fixtures and systems for proper operation; and WHEREAS, despite the best efforts of City water service customers to monitor their systems and usage, water leaks may unknowingly occur resulting in unusually high monthly water service bills; and WHEREAS, the City seeks to clarify criteria for providing financial relief to customers who have experienced significant water loss and a substantial increase in .,. monthly water service bills as a result of a leak; and WHEREAS, such financial relief shall be granted to City water service customers only upon certain conditions occurring and the customer satisfying certain requirements. ENACTMENTS: NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF PRESCOTT AS FOLLOWS: Section 1. That the Finance Director is authorized to reduce the water usage volume charge of a City water service customer by fifty percent (50%) provided all of the following criteria are met: 1. The abnormally high water quantity usage is due to a leak on the customer side of the meter, of which the customer can demonstrate that they had no knowledge. 2. The quantity billed is more than double the higher of the 12 month average or the same month in the previous year. 3. The customer requests a billing adjustment on the, City-provided, Leak Adjustment Application. 4. The leak is repaired prior to filing of the Leak Adjustment Application with the City. RESOLUTION NO. 4264-1473 PAGE 2 5. The customer request is filed with the City Finance Department within ninety (90) days of the issuance of the first water service bill reflecting the water loss. 6. No other credit authorized pursuant to this policy or previous policy has been issued by the City during the period sixty (60) months prior to the requested reduction. 7. No more than two consecutive billing cycles shall be adjusted by application of a credit. PASSED, APPROVED AND ADOPTED by the Mayor and Council of the City of Prescott this day of , 2014. MARLIN D. KUYKENDALL, Mayor ATTEST: APPROVED AS TO FORM: DANA R. DeLONG JON M. PALADIN! .., City Clerk City Attorney OF ) UTILITY R NG utR.hilling@prescott-az.gov F 4 928'777-1291 IA77,41, /fiml C1(010/1 November 4, 2014 Service Address: 123 Disney Account: 12345 ATTENTION WATER CUSTOMER!, During the monthly reading of your meter we have noticed a higher read than normal. This could be because you used the water or you might have a leak. We suggest you check your meter, which will be located in the ground somewhere around your home. 1. Write down the read that is on your meter. 2. Do not use any water for approximately 2 hours. 3. 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WATER SMART IRRIGATION INCLUDES • Plants irrigated in zones based on similar water needs • * Automatic controller allowing each zone to be watered on a schedule that can be adjusted for plant needs and season • Backflow prevention device installed per city code • Frequent checks for clogged emitters.leaks, broken sprinkler heads,and overspray onto walks and drives • Annual irrigation consultation by a certified auditor BASIC IRRIGATION GUIDELINES • Do not combine spray irrigation with drip irrigation on the same zone. • Mulch soil surface to reduce evaporation. • Y k • Irrigate established trees and large shrubs at the drip line to encourage a healthy root system.Extend/expand irrigation system as plants grow. • Avoid mid-day irrigation. -* • Make use of automatic control systems, • Ensure irrigation system is appropriate for plant type (e.g.,drip vs.spray). www.cityofpresc tt.rtetls rvitesiw teritonserVattnr,iphp LAWN CARE GUIDELINES ..... ...... • Consider reducing or eliminating large or unused lawn areas. • Select a grass that is well suited to the area.Buffalo grass or native groundcovers require little or no dip supplemental irrigation once established, 4 • Soil preparation for new lawns is critical for health and irrigation efficiency. • When irrigating,avoid puddling or runoff. f .• Water only as much as can be readily absorbed.Consider an irrigation audrt to mit{ determine proper irrigation scheduling. * Monitor lawn for moisture stress. Tip: Walk across the lawn,if footprints appear,it is time to water. • • Raise the mower height.Never remove more than one-third of the total height of the grass at any one time. • Install an irrigation system that allows for the even • distribution of water. • Use fertilizer sparingly to avoid excessive growth. • Use extreme caution when applying weed-and-feed products,as they can harm nearby ornamental plants. • Always follow label instructions. • Adjust irrigation controllers for seasonal changes. RAINWATER HARVESTING Rainwater harvesting is a tool to capture and use water (that does not comeNIN from the municipal water supply) to supplement landscape water needs, A simple method involves . rainwater falling from the roof into a container where it is stored for later use or into a diversion =` channel where gravity carries it to the planted area(s). << RESOURCES Harvesting Rainwater for Landscape Use, Patricia H.Waterfall, : University of Arizona Cooperative Extension Rainwater Harvesting for Dr lands and Beyond, Brad Lancaster E`.::,, q. k s For more information and helpful community links, 1114 Wacer, rrlart(d? rescort-az. ov t'te#:;.a�r'��1�.x�'„'�-rT'ste; F:3st, Wier Smart 8.777,1 f 00 TM ater mart • WINTERIZING IRRIGATION SYSTEMS Irrigation systems should be winterized each year before the first freeze to avoid damage. Once winterized, the system :.e ::n�A will be turned off and restarted in spring. Homeowners >' r unsure of how to drain their : T system shout x. call a license act plumber or irrigation 9A • contractor. THE BASICS' :.. :. Winterizing an irrigation system is simple and water smart. is Turn off water to the irrigation system at the main valve. 2. Insulate and freeze proof the backflow prevention device and valves. 3. Set the automatic irrigation controller to the "rain" setting. . Turn on each valve to release pressure in the pipes. 5. Drain all water from irrigation components that might freeze. 6. For more information, go to water conservation on the city web .ie at www.cityofprescott.net, Also' °hecl the irrigation system user orld to ww .irriga.ttt rtoials. , ter. htm#spring. t:r rt tr n...x x. y { WATER REMOVAL METHODS AIR"BLOW OUT" This met'iod should be conducted by a licensed contractor.It requires an air compressor with a PSI of 50 — 80 and a 125-185 cubic feet per minute (CFM) rating for mainlines of 2" or less, (Over pressurizing,can cau permanent damage.) . MANUAL & AUTOMA TtC DRA , }h w t #o ..Turn off water to the irrigation system,Shutoff valve should be below the freez&line, in a,keated room or insulated. 2.Switch the timer on automatic systems to rain mode. 3.Jt may not be necessary to drain underground pipes if they are below the freeze line, Insulate all above ground piping.Use self-sticking foam insulation tape or foam- insulating tubes, 4. Drain above ground, gear-driven rotor sprinklers. 5.insulate backflow prevention device and valves or remove and store during winter. If insulating, wrap the device and valves with R-I I fiberglass insulation; cover with a plastic garbage bag and loosely close with duct tape to allow air passage.Insulation blankets can also be purchased at sprinkler supply stores. A `- SPRING RESTART Restart is as important as winterization.Flush water lines by opening ends of drip tubes. Remove sprinkler nozzles from the last head of each pipe and turf o x the water,The biggest mistake made when flushing a system is not allowing water to run long enough. 1. Don't allow standing water to drain back into pipes. 2. After flushing,check the system by running each zone. i~r Look for leaking valves, clogged emitters and nozzles. 3.11 the system uses a backup battery not on an automatic recharge, replace it with an alkaline type. 4. Program each zone for correct run times.Reset timer monthly to avoid over watering. 5. Fertilize plants and lawn areas, if needed. Apply sparingly. ems; © „ City of Prescott "'' Public Works - Water Conservation F 433 N. Virginia, P.O, Box 2059 Prescott,AZ 86301 928-777-1130 www.cityolprescott.net w aters mart(a)cityo Fprescott.net ater Smart WINTERIZING THE LANDSCAPE To avoid damage, many irrigation systems require = winterization each year l'1 •* before the ,:tA4 ,C1744.1 X' A first freeze. Backflow • ti• ; prevention *''4:4142—* iots.P .tt*VIC -.AA.*0.4.41:‘$1.loc devices are • - t. - • - required and -•=41 regulated by municipalities, and proper winterization can be complex. Homeowners unsure of proper winterization techniques should call a licensed contractor. le THE BASICS _ _ If your system requires draining,here are some general guidelines. Turn off water to the irrigation system at the main valve.The shutoff valve should be below the freeze line (the depth to which the ground may freeze) or in a heated environment 2. Insulate and drain the backflow prevention device and valves*.Insulation blankets can be purchased at irrigation supply stores.Heat tape or a hot box enclosure is highly recommended. 3 It may not be necessary to drain underground pipes if a they are below the freeze line. 4 Turn on an irrigation zone to release pressure in the pipes and open all manual drain valves. ANN, S. Set the automatic irrigation controller to the off setting, 6 Drain all water from irrigation components that might a freeze. www.cityofprrstutt.nethervicesiwatvrtcorisergatiucipilp SPRING RESTART ... ... ... .. Restart is as important as winterization, I Turn on water to the irrigation system at the main valve, Close all manual drain valves. Check the system by running each zone,Look for leaking valves,clogged emitters and nozzles, , . If the system uses a backup battery,replace it with the manufacturer's recommended type. Program each zone for correct run times.Reset timer seasonally to avoid over/under watering. WINTER LANDSCAPE MANAGEMENT The unique winter climate of north-central Arizona often requires supplemental irrigation.Freezing temperatures remove humidity from the air.During winter,evergreen plants require more moisture than deciduous plants.Plant roots continue to grow in winter.Therefore,maintaining some soil moisture during the winter months is critical. THE BASICS it Although you may have winterized your irrigation system, you will likely need to irrigate periodically during the winter months, • Monitor soil moisture frequently if soil is dry in the top four inches,irrigate the root zone. • Light snow and rain events may not provide enough moisture to the root zone. • Careful use of automatic irrigation systems may be appropriate provided they are properly re-winterized after each use. • 2—4"of mulch in non-turf areas will reduce soil moisture loss and moderate soil temperature fluctuations. A* Within your landscape there may be several different microclimates.A microdimate is an isolated area that has different climatic conditions than the surrounding area.This can result from several factors such as:shade,wind,reflected heat,northern and southern exposures,etc. ill Familiarize yourself with the unique microclimates within your landscape.Manage different microclimates appropriately. For example,southern exposures should be monitored more frequently for soil moisture content. • For more information and helpful community links. • Water Smart 21 .27".l 100. . • • • .3 • < 'fie � � :��jf: • • • Ri' . , $Y.-. 4 x t *, • • • • • • ., CyrYo,PRESCOTT Fp0-4 :fxr�tt�„n COUNCIL AGENDA MEMO MEETING DATE/TYPES: COMBINED WORKSHOP AND 12/02/2014 REGULAR VOTING SESSION DEPARTMENT: Airport AGENDA ITEM: 1) Adoption of Resolution No. 4265-1474 accepting and adopting the findings and recommendations of the private sector ad hoc Airport Area Steering Group pertaining to development of Prescott Municipal Airport and economic development of the surrounding airport area; and 2) Approval of Authorization of Services No. 5 to Dibble Engineering in an amount not to exceed $41,100.00 to conduct an airport terminal siting assessment (City Contract No. 2014-029A5) Approved By: Date: Airport Cox, John Manager: 11/18/2014 4111.b. City Manager: McConnell, Craig //-U V Item Summary Resolution No. 4265-1474 accepting and adopting the findings and recommendations of the private sector ad hoc airport area steering group pertaining to development of Prescott Municipal Airport and economic development of the surrounding airport area. In January 2014, the Department of Economic Initiatives began a review and evaluation of the Airport and greater Airport Area for economic development purposes. In conjunction with a series of public presentations to Council, an ad hoc private sector group was convened to provide feedback and perspective on the planning initiative. A total of 23 meetings were held, including 8 with existing businesses, key property owners, on-airport aviation tenants, the U.S. Forest Service, developers, and realtors. Ultimately, these meetings and discussions culminated in the development of key findings and recommendations that were presented to the Mayor and Council on November 12, 2014. Resolution No. 4265-1474 seeks to have these findings and recommendations accepted and adopted by the Mayor and Council. The findings and recommendations are attached as Exhibit "A". The Airport Area consists of over 8,000 acres including the 760 acres comprising Prescott Municipal Airport. The Airport Area will be the focus of much future growth for the City of Prescott related to housing, employment, recreation and retail development. Fundamental Agenda Item: 1) Adoption of Resolution No. 4265-1474 accepting and adopting the findings and recommendations of the private sector ad hoc airport area steering group pertaining to development of Prescott Municipal Airport and economic development of the surrounding airport area; and 2) Approval of Authorization of Services No. 5 to Dibble Engineering in an amount not to exceed $41,100.00 to conduct an airport terminal siting assessment (City Contract No. 2014-029A5) to the development of the area is the continuing expansion of infrastructure and management of the City's water supply. The Airport Area Steering Group collaborated with staff on this planning effort, and provided ideas and an independent perspective on the challenges and opportunities presented in the Airport Area. Regarding the terminal, the original air carrier at PRC was Trans World Airlines flying DC- 3 aircraft to Los Angeles. Since that time, there have been various types of scheduled airline service. The terminal has undergone minor alterations and expansions over the last sixty years. The most recent addition, completed in 2008, provided a secured passenger boarding area, a modular facility identified as temporary by the FAA and ADOT. Great Lakes Airlines presently provides subsidized commercial passenger service under the federal Essential Air Service program with three daily flights to/from Los Angeles. The current EAS agreement expires in April 2015. The Current aircraft in use by Great lakes is a 19 passenger Beech 1900C Turbo Prop which is currently configured for only 9 seats due to new FAA regulations. The 1,500 square foot (useable space) airline terminal does not allow any room for expansion due to the general layout of the facility and the fact the terminal is located within the . runway 21 U3R building restriction area. Over the past sixty years, the terminal has been remodeled to meet federal security requirements for passenger screening and aircraft security for a low activity level operation. The lobby holds 20 persons, one airline counter with a small office space. Baggage holding is outside in a separate fenced enclosure. The building also contains TSA offices, one auto rental desk and a restaurant, serving breakfast and lunch. There is one passenger boarding gate and one passenger entry gate. Restrooms do not meet ADA standards and have been supplemented with a separate add-on ADA compliant unisex restroom. The existing auto parking lot has 125 parking spots for passenger parking, car rental staging and employee/restaurant customer parking. During the peak travel season and times the lot is usually full, requiring alternate/remote parking areas. As noted, a new terminal/parking/access template is to be developed under this Authorization of Services No. 5. The attributes of a new terminal are anticipated to include sizing to accommodate a minimum of 10,000 enplanements per year and, at full build-out, handle up to 50,000 passengers annually. The Airport is requesting authorization to engage Dibble Engineering to conduct an airport terminal siting assessment in an amount not-to-exceed $41,100.00 (Airport Fund). Nicholas J. Pela Associates, a notable airport planning firm, will lead the effort to conduct a full assessment of a terminal complex, including facilities, parking, roadway, utility and costing issues. The terminal/parking/access template to be developed will be applied to two sites (1) the "West Site" in proximity to the existing terminal; and (2) on the 2 Agenda Item: 1) Adoption of Resolution No. 4265-1474 accepting and adopting the findings and recommendations of the private sector ad hoc airport area steering group pertaining to development of Prescott Municipal Airport and economic development of the surrounding airport area; and 2) Approval of Authorization of Services No. 5 to Dibble Engineering in an amount not to exceed $41,100.00 to conduct an airport terminal siting assessment (City Contract No. 2014-029A5) analyzed in terms of airfield operations, roadway access, expansion potential, impact to adjacent facilities/developments, utility services and ultimate development costs. The work will be performed by Dibble Engineering under City Contract No. 2014-029 for Airport Design and Engineering Services, a master contract approved by the City Council on September 24, 2013. Financial Impact Funding for the $41,100.00 was not included in the FY 2015 Airport Budget; however, due to deferral of one or more of the grant projects to next fiscal year by the granting agency (federal and/or state), budgeted funds can be reallocated to this project. Attachments 1. Resolution No. 4265-1474 2. Exhibit "A" - Finding and Recommendations of the ad hoc Airport Area Steering Group 3. Authorization of Services No. 5 Dibble Engineering, Inc. Recommended Action (separate motions): (1) MOVE to adopt Resolution No. 4265- 1474; and (2) MOVE to approve Authorization of Services No. 5 to Dibble Engineering in an amount not to exceed $41,100.00 (City Contract No. 2014-029A5). 41110. RESOLUTION NO. 4265-1474 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF PRESCOTT, YAVAPAI COUNTY, ARIZONA, ACCEPTING AND ADOPTING THE FINDINGS AND RECOMMENDATIONS OF THE PRIVATE SECTOR AD HOC AIRPORT AREA STEERING GROUP PERTAINING TO DEVELOPMENT OF PRESCOTT MUNICIPAL AIRPORT AND ECONOMIC DEVELOPMENT OF THE SURROUNDING AIRPORT AREA. RECITALS: WHEREAS, the Airport Area is key to the economic development and future growth of the City of Prescott (the "City"); and WHEREAS, the Prescott Municipal Airport is an important but underutilized asset of the City; and WHEREAS, an informal, ad hoc Steering Group was convened by the Department of Economic Initiatives (the "Department") of the City to gain private sector perspective, comments, and recommendations, thereby benefiting from the extensive and varied expertise of the group members on matters of Airport and Airport Area development; and WHEREAS, the Steering Group discussions culminated in the drafting of findings and recommendations for the Airport and Airport Area, present and future; and WHEREAS, the Steering Group publicly reported their findings to the Mayor and Council in a Special Workshop Meeting on November 12, 2014; and WHEREAS, the City seeks to accomplish planning and development of the Airport Area in a goal-oriented, integrated, and organized manner, in order to achieve outcomes benefiting the Prescott community and its residents; and WHEREAS, the City additionally seeks to modernize and upgrade the Prescott Municipal Airport in order to better support activities of the U.S. Forest Service, facilitate growth of the aerospace industry and other technology-based enterprises, and improve Airport safety and scheduled air passenger service for businesses and residents of the region. ENACTMENTS: NOW, THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF PRESCOTT AS FOLLOWS: 1. THAT, the City Council hereby receives, accepts, and adopts the recommendations of the ad hoc Airport Area Steering Group, restated and attached hereto as Exhibit "A", for guidance in the planning and improvement of the Prescott Municipal Airport and surrounding area. RESOLUTION NO. 4265-1474 PAGE 2 2. THAT, it is hereby recognized and acknowledged that said recommendations and desired outcomes will require a long-term commitment of resources by the City as the Airport infrastructure is improved during a period estimated to extend fifteen to twenty years into the future. 3. THAT, a site assessment is needed and shall be undertaken for evaluation and selection of the most favorable location for a new terminal at Prescott Municipal Airport, with such selection to take into consideration both the operational layout of the Airport, as well as factors enhancing economic development within the greater Airport Area. 4. THAT, the City Council hereby directs the Department of Economic Initiatives, its Airport Division, and other City staff, working in concert with the Federal Aviation Administration, Arizona Department of Transportation, and other partners public and private, to facilitate and coordinate Airport and Airport Area planning, other activities, and budgets, to achieve the desired outcomes. 5. THAT, the Mayor and City Council request that the Department provide regular and timely updates on actions, issues, and progress made with respect to the Steering Group recommendations and other items identified herein PASSED, APPROVED, AND ADOPTED by the Mayor and Council of the City of Prescott this day of , 2014. MARLIN D. KUKENDALL, MAYOR ATTEST: APPROVED AS TO FORM: DANA R. DeLONG JON M. PALADINI City Clerk City Attorney Exhibit "A" Findings and Recommendations of ad hoc Airport Area Steering Group Key Airport Area Findings 1. Airport Area presents significant economic promise due to land availability that is under single ownership, existing and expandable City infrastructure, appropriate zoning, and location 2. A live, work, and play environment in the Airport Area is the desirable outcome and achievable if these elements are aligned through integrated planning and development of compatible land uses 3. Significant retail development opportunities will occur in the SR 89 and SR 89A corridors in the next 3— 4 years due to newly approved housing developments in Prescott and Prescott Valley 4. The Airport Area can be the Greater Prescott hub for new manufacturing and distribution enterprises 5. The Airport Area presents an excellent opportunity for the City to be creative in its housing policies with a goal of broadening the mix of types and prices 4111111. Key Airport Findings 1. The Airport is an underutilized City asset 2. The future economic success will be defined by the City's ability to extend and strengthen the main runway 3. The Airport needs updating and new capital investment to realize its economic development potential while preserving safety and protection from incompatible land uses 4. Cognizance of airport improvements and how they relate to air traffic management and noise on the surrounding must be continuous 5. Airport development requires a long-term financial commitment of the City, but one that will leverage a ROI of between 8 and 10:1 6. The priorities and timing of airport improvements are heavily influenced by and dependent upon federal (FAA) and state (ADOT) policies and decisions 1 Airport Area Recommendations Goal: Integrate planning and development of the Airport Area to achieve a live, work, and play environment Action 1 - Provide stable and sustainable funding to implement recommendations Action 2— Facilitate new commercial venues, particularly along SR 89 and SR 89A, while protecting the Airport from encroachment by incompatible land uses Action 3— Promote the Airport Area as the City's primary location for new manufacturers Action 4— Determine the feasibility of creating a Community Land Trust Airport Recommendations Goal: Develop PRC as a Commercial Airport exceeding 10,000 annual enplanements (qualifying for greater FAA funds) while planning for 50,000 annual enplanements long-term (15 to 20 years) Action la — Lengthen Runway 3R-21L, structurally strengthen the runway and taxiways, and realign Taxiway "Charlie" to accommodate larger aircraft (commercial passenger, cargo, and others such as U.S. Forest Service), and construct other facilities required for Airport safety and security ($45 million including $3 million local) Action lb - Replace the existing Airport Terminal ($5 million including $2 million, plus the cost of street access, which is site dependent) at a location to be determined by a detailed site assessment ($41,000 local) Action 2 - Achieve long-term tenancy for the U.S. Forest Service at PRC as the aerial firefighting base of choice for Northern Arizona 2 CITY OF PRESCOTT CONTRACT#2014-029A5 CITYoF PRESCOTT 7 ARIZONA EI)ery J 7-6t to o i PROFESSIONAL SERVICES AGREEMENT DIBBLE ENGINEERING, INC. Fiscal Years 2014 through 2016 AUTHORIZATION FOR SERVICES NO. 5 ENGINEERING SERVICES FOR TERMINAL SITING ASSESSMENT AT PRESCOTT MUNICIPAL AIRPORT, ERNEST A. LOVE FIELD FAA GRANT# NONE ADOT GRANT# NONE APPROVED AND ACCEPTED by the City of Prescott, this 2nd day of December, 2014. City of Prescott, a municipal corporation Marlin D. Kuykendall, Mayor ATTEST: APPROVED AS TO FORM: DANA R. DeLONG JON M. PALADINI City Clerk City Attorney 7500 North Dreamy Draw Drive Dibble Suite 200 Phoenix,Arizona 85020 ...k Engineering phone 602.957.1155 fax 602.957.2838 September 15, 2014 www.dibblecorp.com Prescott Municipal Airport Ernest A. Love Field 6546 Crystal Lane Prescott AZ 86301 Attention: Mr.John E. Cox, C.M., C.A.E. Prescott Airport Manager RE: ENGINEERING SERVICES PROPOSAL Authorization of Services No. 5 (Tentative) City of Prescott Contract 2014-029A1 Planning Phase Services Terminal Siting Assessment We appreciate the opportunity to provide planning service to the City of Prescott for the Terminal Siting Assessment at the Prescott Municipal Airport. This project consists a planning-level comparative evaluation of two potential sites for a new Passenger Terminal, with the goal of providing the Airport and the City Council with information needed to make a definitive site selection for the future terminal. Nicholas J. Pela Associates, our planning consultant, will lead the assessment effort with Dibble Engineering providing input on parking, roadway, utility, and costing issues.The assessment will focus on developing a terminal/parking/access template for the proposed terminal, applying the template to each site, and analyzing major comparative evaluation factors including airfield operations, roadway access, expansion potential, impact to adjacent facilities/developments, utility services,and development cost. Transmitted herewith is our proposed Scope of Work, Site Location Exhibit, Fee Summary, and manhour/cost matrices. We have greatly appreciated working with the City of Prescott and are excited to continue to assist on planning and design projects at the airport. If you need additional information or have questions, please do not hesitate to contact us. Sincerely, Dibble Engineering Ran oner, . . Kenneth L. Sn de( YY Airport Practice Leader Principal Engineer Enclosures Dibble t 4 Engineering nichoias peia a a Sociates airport tans i ti SCOPE OF SERVICES September 12, 2014 Ernest A. Love Field / Prescott Municipal Airport TERMINAL BUILDING SITING ASSESSMENT The following is the proposed scope of services to be provided by Dibble Engineering and Nicholas J. Pela & Associates (together in this document referred to as "the Consultant Team") for the preparation of a Terminal Building Siting Assessment (the Assessment) for future development of a new Terminal Building at Ernest A. Love Field/Prescott Municipal Airport(the Airport). The intent of the Assessment is to provide adequate information to the City Council to facilitate their decision-making process regarding the relative merits of two alternative actions currently being considered by the Airport. These alternative actions are as follows: 1. Construction of the new Terminal Building at,or in proximity to, the present terminal site (the "West Site") 2. Construction of the new Terminal Building at a new site that has been identified by the Airport, located southeast of Taxiway D,and south of the existing Fuel Farm (the "East Site").This site was identified in the most current Airport Master Plan (adopted by City Council), and on the approved Airport Layout Plan. These two alternative sites are illustrated on Exhibit A, at the end of this document. The Assessment will initially provide a source of baseline information regarding the current and projected demand that will form the basis for concept development of the new Terminal Building and related facilities. The Assessment will also provide a comparative analysis of economic, constructability, and operational factors for each of the two alternatives. The Assessment will be a preliminary overview that will assist in the City Council deliberations, and will serve as an initial basis for facilities refinement concept studies that may be undertaken as the Terminal Building development process moves forward over the next several years. The general phases of the Assessment are as follows: • Phase 1 Project Initiation and Data Collection • Phase 2 Concept Development • Phase 3 Feasibility of Development • Phase 4 Comparative Analysis • Phase 5 Draft and Final Report �,.. A description of the work that will be performed in each Phase follows. September 12,2014 1 Phase 1: Project Initiation and Data Collection The initial phase of the work will begin with an initial meeting at the Airport. The work under this phase will then proceed with research of available information, initial site investigations, and collection of the existing available data necessary to form the basis of the analytical elements of the Assessment. Anticipated tasks in this phase are as follows: A. Initial meeting and project initiation The Consultant Team will attend an initial project meeting with Airport and City of Prescott staff to discuss the work process and project schedule. Prior to the initial meeting, the Consultant Team will prepare a graphic flow chart to describe the proposed work process, time line, and decision points. The flow chart will be presented at the initial meeting and will be kept up to date throughout the work process. B. Collection of available information The Consultant Team will prepare a Request for Information that will include a list of the existing available information and data that will be used as the basis for concept development in the Assessment. The required information may include(but not be limited to)the following: • Passenger enplanement records • Air Traffic Control Tower(ATCT) records of aircraft operations • Current airline schedules and anticipated future changes • Plans for future roadway extensions in the Airport area • Available roadway traffic flow projections(from City Engineer) • County Assessor's maps and parcel information for affected adjacent real properties • The latest approved Airport Master Plan, as adopted by the City Council • Available contour maps and/or topographic surveys of the areas to be studied • Valuation of adjacent real properties that may be affected by the Terminal development • The most current available aerial photography • Current utility record mapping Topographic or property surveys are not included in this scope of services. The Consultant Team will compile a hard copy reference file of the existing information to be used in the work as well as a bibliography of the records to be used. The list of information will be submitted to the Airport for review and approval prior to proceeding with the following phases of the work. The Consultant Team will prepare an AutoCad base map for use on this project. The base map will be based on the most current draft Airport Layout Plan. C. Verification of existing conditions The Consultant Team will visit the alternative sites during initial planning in order to verify the accuracy of record drawings and information. It is the intent that this site visit will be conducted on the same day as the initial meeting at the airport. September 12,2014 2 Phase 2: Concept Development The Concept Development phase will focus on development of a concept development envelope — a "portable model" of the proposed initial and ultimate Terminal Building, related facilities, automobile parking, and airside apron, gates, and aircraft movement areas. This conceptual envelope will be fitted to each of the two alternative sites in Phase 3. All calculations will be based on available activity data and projections that are found to be acceptable to the Airport, and that are consistent with information previously presented to the City Council. This scope of services does not include the generation of new forecast projections for enplaned passengers, aviation activity,or for vehicular traffic. A. Develop building envelope—initial and ultimate footprint The Consultant Team will prepare a general conceptual layout of the Terminal Building based on approximate space requirements for the present aircraft and passenger activity, and also considering future expansion to accommodate a reasonable maximum potential projected growth. The building layout will be limited to a general envelope that will accommodate lobby,ticketing, baggage claim area, passenger gates, security, vendor areas, airport offices, passenger movement areas, baggage handling, and related features. Space for general aviation activity will also be considered in the calculations. A detailed floor plan will not be provided. The work will be limited to definition of the initial and ultimate development footprint that may be required to accommodate the projected Terminal Building activity. B. Develop terminal gate movement area and aircraft parking envelope(airside development envelope) The Consultant Team will prepare a general conceptual layout for the air carrier gate positions and ... jetways, pushback and holding areas, air carrier and general aviation aircraft parking, and aircraft movement (taxi) areas. The layout will include the initial requirements as well as allowance for ultimate expansion to accommodate a reasonable maximum potential increase in activity. C. Develop automobile parking envelope(landside development envelope) The Consultant Team will prepare a general conceptual layout for automobile parking and onsite vehicular access roadways. The layout will include adequate parking space for the initial requirements as well as allowance for ultimate expansion to accommodate a reasonable maximum potential increase in activity. r.. September 12,2014 3 Phase 3: Feasibility of Development This phase will apply the conceptual building, airside, and landside envelopes to each of the two alternative sites.A base map will be prepared using Autocad and the most current available aerial photogrammetry. A. Develop site specific Concept Development Layout The building envelope and the airside and landside development envelopes will be applied to both the East Site and the West Site in order to identify site specific Concept Development Layouts. B. Identification of site constraints The potential constraints to development on each of the two sites will be identified with reference to the planned geometry of the Concept Development Layouts. C. Develop an offsite roadway access plan The Consultant team will coordinate with the City of Prescott Public Works Department to recognize offsite access plans for each of the two sites that are based on prior and in-progress planning by the City for development of new roadways in the vicinity of the sites. D. Determine probable land acquisition requirements Areas of required land acquisition for new development and for new public rights-of-way will be identified with reference to available City of Prescott and/or Yavapai County mapping. A schedule of land acquisition will be prepared that will mesh with the proposed development phasing schedule for each of the two sites. E. Develop a utilities requirements plan The Consultant team will coordinate with the City of Prescott Public Works Department to recognize an offsite utility service plan that is based on record information and in-progress planning by the City for development of utility extensions in the vicinity of each of the two sites. F. Discussion of construction phasing and scheduling issues The development of a new Terminal Building and related facilities will require a detailed phasing plan that will take into account the possibility of the construction of temporary facilities, the demolition of the existing Terminal Building, related buildings and site improvements, and the phased construction of the new facilities. For each of the two sites, the Consultant Team will prepare an overview of a preliminary construction phasing plan that may be implemented. G. Prepare an estimate of development costs A planning level/conceptual estimate of the approximate cost of development at each of the two sites will be prepared, including building cost, furnishings, utilities, equipment, site improvements (airside and landside), and on and off site roadway construction. H. Discussion of operational considerations A discussion of the issues that may affect the operation of the Airport will be prepared. These issues may consist of the need for additional or rerouted taxiways, emergency response time, management of aircraft parking and fueling, lines of sight for Air Traffic Control, and security considerations. September 12,2014 4 41.11. Phase 4: Comparative Analysis This project phase will consist of comparative analysis of the feasibility of development of the model Terminal Building Development Layout at each of the two alternative sites. The anticipated tasks included in this phase are as follows: A. Define site selection criteria The Consultant Team will develop a list of selection criteria to be applied to each site in the comparative analysis. Comparative evaluation between the two sites will include the following key factors: 1. Operations: Minimized aircraft taxi times and runway crossings 2. Transportation: Most direct/shortest route connecting to the transportation system feeding passengers into the airport 3. Expansion potential: Ability to expand the terminal parking ramp, the terminal, and landslide parking to accommodate projected growth 4. Airfield geometry: Clearance from airfield restrictions such as the Building Restriction Line and Part 77 airspace surfaces 5. Terrain:Ability of the site to accommodate terminal elements with minimal earthwork 6. Land Acquisition: Amount of land required and impacts to adjacent development 7. Coordination with existing and planned facilities and infrastructure including Control Tower, utility services,service roads, aircraft fueling,etc 8. Environmental issues: General overview of potential areas of impact 9. Development Cost 10. Constructability(Phasing,Temporary Facilities, Relocations) B. Comparative analysis of potential sites The Consultant Team will prepare an analysis that will compare each site with reference to the site selection criteria (developed in Task A above). Weighting may be applied to the criteria to reflect relative importance. September 12,2014 5 Phase 5: Draft and Final Report This phase of the work will consist of the preparation of a draft and final report, as well as participation in a document review work session and assistance in presentation of the final report to the City Council. Anticipated tasks in this phase are as follows: A. Draft report The Consultant Team will compile a complete draft report that will be distributed to the Airport Manager for review. The report will include a discussion of the concept development and evaluation process, all concept layouts, and estimates.The draft submittal will be made at least two weeks prior to a scheduled Draft Report Work Session. B. Draft report work session The Consultant Team will present the results of all work completed to date at a work session to be at the Airport or at another location as determined by the Airport Manager. The purpose of this work session will be to provide final input from the Airport and City staff regarding the completed work, as documented in the draft report. Comments and additional information resulting from the work session will be incorporated into the final report. C. Final report The Consultant Team will prepare the final report, incorporating all comments from the draft report work session. The final report will be delivered to the Airport within 30 days of receiving all final comments. a.. D. Presentation to City Council A PowerPoint presentation will be prepared for presentation to the City Council at a regular session to be determined by the City. The presentation will be prepared in the form of an Executive Summary of the Assessment that can be printed for distribution to the City Council and public interests, as appropriate. The Consultant Team will assist the Airport Manager in presenting the Assessment to the City Council. 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(1•H• (1T1 OF PRESCOrI" /41'4; ff''" "`" COUNCIL AGENDA MEMO MEETING DATE/TYPES: COMBINED WORKSHOP AND 12-2-14 REGULAR VOTING SESSION DEPARTMENT: Airport AGENDA ITEM: Approval of submittal of a grant application to the Federal Aviation Administration in the amount of $380,000.00 for acquisition of a replacement Airport Rescue & Firefighting (ARFF) vehicle for Ernest A. Love Field/Prescott Municipal Airport Approved By: Date: Airport Manager: Cox, John 11/07/2014 Economic Initiatives Director: Burt, Jeff 11/17/2014 City Manager: McConnell, Craig C,aceat 4- 0 Item Summary This item is for approval to submit a grant application to the Feederal Aviation Administration for the acquisition of a replacement Airport Rescue & Firefighting (ARFF) vehicle for use at Prescott Municipal Airport. Background The Prescott Fire Department provides dedicated ARFF services at the Airport as required under Federal Aviation Regulation Part 139 during air carrier operations. This grant will purchase a replacement ARFF Index Category "A" vehicle to replace the Prescott Fire Department's existing Index "B" ARFF vehicle which was itself acquired in 2001 through a similar FAA grant. The ARFF Index Category "A" vehicle will carry at least (1) 500 pounds of sodium-based dry chemical, halon 1211, or clean agent; or (2) 450 pounds of potassium-based dry chemical and water with a commensurate quantity of Aqueous Film Forming Foam (AFFF) to total 100 gallons for simultaneous dry chemical and AFFF application. The current unit is reaching the end of its useful life cycle for frontline service, and will be approximately 15 years old at the time a replacement vehicle can be brought into service in 2015. This type of vehicle has a 10-year expected life span according to FAA guidelines. Acquisition of the replacement ARFF vehicle will allow the City to continue providing a safe u- operating environment by ensuring that the Airport's ARFF capabilities meet FAA requirements based on the commercial aircraft utilizing the Airport. As discussed previously Agenda Item: Approval of submittal of a grant application to the Federal Aviation Administration in the amount of $380,000.00 for acquisition of a replacement Airport Rescue & Firefighting (ARFF) vehicle for Ernest A. Love Field/Prescott Municipal Airport with Council, the current ARFF vehicle will be kept for use as a training unit and for back-up ARFF coverage when the replacement vehicle may be taken out of service for preventative maintenance and/or repairs. The 2001 vehicle may also be used for specialized off-airport response to hazardous materials situations such as oil fires, electrical transformer substation fires, etc. requiring the specialized foam application capabilities of the ARFF vehicle without affecting airport ARFF services. Financial Impact The Airport budgeted $1,000,000.00 for the purchase of a replacement Index "B" ARFF vehicle in the FY15 CIP. It has been subsequently determined that a less expensive Category "A" vehicle will meet all FAA and Airport operational requirements. The total estimated cost of the Category "A" vehicle is $400,000.00. The FAA will provide up to $380,000.00 (95%) with ADOT providing a 2.5% matching grant in an amount not to exceed $10,000.00 and the City providing the remaining 2.5% mating funds in an amount not to exceed $10,000.00. The ultimate grant amounts provided by both FAA and ADOT will be determined by the lowest responsive bid price received by the City. a, 'Recommended Action: MOVE to approve the submittal of a grant application to the Federal' lAviation Administration in the amount of $380,000.00 for acquisition of a replacement ARFF vehicle for Prescott Municipal Airport. 2 .1 ('ITYor f1/0/11c'6A10/1 COUNCIL AGENDA MEMO �,.. MEETING DATE/TYPES: COMBINED WORKSHOP AND 12-02-14 REGULAR VOTING SESSION DEPARTMENT: Airport AGENDA ITEM: Approval for submittal of a grant application to the Federal Aviation Administration in the amount of $3,605,250.00 for the construction phase of improvements including relocation of the airfield electrical vault, upgrading of the emergency generator, and installation of lighting for Taxiway E at Ernest A. Love Field/Prescott Municipal Airport Approved By: Date: Airport Cox, John Manager: 11/17/2014 City Manager: McConnell, Craig ,e. Zo-/ U Item Summary This item is for approval to submit a grant application to the Federal Aviation Administration (FAA) for the construction phase of improvements, currently under design, including relocation of the airfield electrical vault, upgrading of the emergency generator, and installation of lighting for Taxiway E and replacement of the segmented circle (a visual indicator system for pilots to provide air traffic pattern information). Background This project has been identified by the FAA and ADOT as high-priority airfield safety improvements. Most of the current airfield electrical vault equipment, including the emergency generator, has exceeded its useful life and become obsolete or difficult to maintain. The location of the vault also conflicts with future growth of tenant facilities. A secondary vault was installed at the location of the new primary electrical vault approximately six years ago to house the additional electrical infrastructure required to support improvements; however, funds were not available to relocate the primary vault at that time. Edge lighting does not exist on Taxiway E, as required by the FAA. The grant will include this new lighting, and the infrastructure in the new vault to support it. Finally, during the airports annual FAA Certification Inspection, the segmented circle was found not in Agenda Item: Approval for submittal of a grant application to the Federal Aviation Administration in the amount of $3,605,250.00 for the construction phase of improvements including relocation of the airfield electrical vault, upgrading of the emergency generator, and installation of lighting for Taxiway E at Ernest A. Love Field/Prescott Municipal Airport ADOT has funded 90% of the design phase costs; the 10% balance was approved in the City's adopted FY15 Airport Fund budget. This grant application to FAA will fund up to $3,605,250.00 (95%) of the construction costs currently estimated at $3,795,000.00. ADOT anticipates funding 2.5% of the construction in FY16, at which time the City will also be required to contribute 2.5% ($94,875.00) from the Airport Fund in FY16. It is anticipated the construction phase will be publicly bid in June 2015. Financial Impact As mentioned, the FAA will reimburse the City of Prescott 95% of the construction costs up to $3,605,250.00, with ADOT contributing 2.5% ($94,875.00) in FY16 and the City's Airport Fund contributing the remaining 2.5% ($94,875.00) in FY16. Recommended Action: MOVE to approve the submittal of a grant application to the 1Federal Aviation Administration in the amount of$3,605,250.00 for the construction phase, of improvements including relocation of the airfield electrical vault, upgrading of the emergency generator, and installation of lighting for Taxiway E at Ernest A. Love', Field/Prescott Municipal Airport. 2 11,41 c'rrr v YREScorr y'ai-1/1;r}-4 11;',il e ei,fril411111. COUNCIL AGENDA MEMO MEETING DATE/TYPES: COMBINED WORKSHOP AND 12-2-14 REGULAR VOTING SESSION DEPARTMENT: Field and Facilities Services AGENDA ITEM: Approval of purchase of one (1) ea. 2015 Peterbilt 320 refuse chassis from Rush Trucks in the amount of $150,425.39 using the Houston Galveston Area Council (HGAC) Contract No. HT06-14 pricing, and one (1) ea. Scorpion side load body from Arizona Refuse Sales in the amount of $108,276.26, using City of Tucson Contract No. 110051 pricing, in the total amount of $258,701.65 (Solid Waste Fund) Approved By: Date: Director: Miller, Stephanie 11/19/2014 City Manager: McConnell, Craig 11/24/2014 a',64/,(R)V/iw_. (1 Item Summary The Field and Facilities Services Department is requesting authorization to purchase a new automated side loading (ASL) solid waste collection vehicle to replace an older ASL vehicle that has met the City's criteria for replacement. The new ASL consists of a 2015 Peterbilt 320 refuse chassis and a Scorpion side load body. Background The Solid Waste Division of the Field and Facilities Services Department, working in conjunction with the Fleet Services Division, replaces aging vehicles used in solid waste operations which are at or are approaching 100,000 miles, have reached the end of their useful lives, and are becoming mechanically unreliable. The Solid Waste Division utilizes ASL collection vehicles to service over 31,000 commercial and residential containers City- wide. These vehicles require regular maintenance to ensure reliability and maximum useful lives. As vehicles age, key components suffer failures requiring repair or replacement. Repairs and replacements escalate each year that a vehicle is in service. Criteria used in deciding to replace the vehicle is as follows: No. Year Description Miles/Hours Repair Costs Life to Date 1097 2005 Autocar ASL collection vehicle 92,230/10,020 $206,650 AGENDA ITEM: Approval of purchase of one (1) ea. 2015 Peterbilt 320 refuse chassis from Rush Trucks in the amount of $150,425.39 using the Houston Galveston Area Council (HGAC) Contract No. HT06-14 pricing, and one (1) ea. Scorpion side load body from Arizona Refuse Sales in the amount of $108,276.26, using City of Tucson Contract No. 110051 pricing, in the total amount of$258,701.65 (Solid Waste Fund) Annual repair costs for this vehicle equate to $20,665. While this amount may appear high, it should be noted that solid waste collection vehicles are run daily, accrue high miles, and break down frequently even when properly maintained. During the life of this vehicle, major repairs included a packer cylinder replacement, a valve replacement, an air charger and turbo replacement, a side load arm rebuild, a hydraulic pump and power take-off unit replacement, and a rear differential repair. Financial Impact Funding of $290,000.00 for this budgeted FY15 truck is available within the Solid Waste Fund. Attachment 1. Rush Trucks quote dated November 3, 2014. 2. Arizona Refuse Sales quote dated October 14, 2014. 'Recommended Action (by separate motions): (1) MOVE to approve the purchase of one (1) ea. 2015 Peterbilt 320 refuse chassis from Rush Trucks in the amount of $150,425.39 using the Houston Galveston Area Council (HGAC) Contract No. HT06-14 pricing; and (2) 'MOVE to approve the purchase of one (1) ea. Scorpion side load body from Arizona Refuse Sales in the amount of$108,276.26, using City of Tucson Contract No. 110051 pricing. 2 Rush Truck Center, Phoenix 9600 Si TRUC CENTERS TollesonW.,Roosevelt AZ 85353 Customer Proposal Letter 602-422-6100 City of Prescott P.O.BOX 2059 Prescott,AZ 86302-2059 (928)777-1631 Thank you for the opportunity to earn your business.We look forward to working with you on your business needs.Please accept the following proposal. ..+tali �Yyo�S.C '+ Make Peterbilt Model 320 Year 2015 Stock Number To Be Determined Additional Vehicle and Accessories Description To be delivered on or about 4/1/2015 INCLUDES:HGAC FEES Quantity 1 Total Truck Price per Unit $138,624.55 $138.624.55 F.E.T.(Factory&Dealer Paid) $0.00 $0.00 Net Sales Price $138,624.55 $138,624.55 Optional Extended Warranty(ies) State Sales Tax $11,505.84 $11,505.84 ate. Documentary Fee $250.00 $250.00 Lec1 sit:G✓g,ive Administration Fee Vehicle Inventory Tax Additional Taxes $25.00 $25.00 Tire Recycling Program $20.00 $20.00 Battery Disposal Fee Out of State Vehicle Fee Rebate(s) Total Sales Price(Including Rebate(s)) $150,425.39 $150,425.39 Trade Allowance (see DISCLAIMER Below $0.00 ._ ,.,., -^-.. �^u -s.ems•airc..n«„yi.:� :- 'T'.,,`".u. Sales Representative Georae Beal . Onnted name Purchaser signature prvaad name title dale Accepted by Sales Manager or • General Manager atonature panted pane Quote good until 1/1/2015 Note:The above Customer Proposal is a quotation only.Sale terms subject to approval of Sales Manager of Dealer. DISCLAIMER:Any order based an this Proposal subject to Cuslonw.oew*v Desists standard lean Rated Purchase Order Mcmporetom above terms..Any documentary Mee,stew Us,fee.registration end kern Yes subject to adjustment end chance.Actual F.E.T.to be paid by Dula,subjoins wtulmera Ary FE ranwne Mai be responsibility of beater.Mende5*oer hes meowed er right Y champs.the atee to Dealer Mary vehicle not currently in DeWP%mock.waxed nab to Doses.tl Deoled Vehide(s)not currently di Dells M e&Dealer reserves right to chance Ouoabon Total b mesh any Nile .rouses Man bwerYcbamr.Tits Paopooi is tweed upon Dweers current end etoeded memory,wrath is cubist le sheave-Dealer net obegeled to retain any specific vehicles In sack.tar naeiYM any Moak Mwenlery WWI Dealer Shea not be obligated to Mai Proposal In event quoted vetdde(s)not In asdh or evadable rein regtlpted delivery sdreddt at Was Proposal adapted_Molar ease not be Male Is wy delay in provable or Malay to provide Quoted Vehicle/et,wham such elablly or ally a due.N whole or In pen to any cause beyond ate restimulate oontrot M Dealer orb Without the woes twgbperee a Mderded taleatinduct Cl Dealer.Abuse Wed Tends Were bated upon darn eppaaai of Traci Vebtdets).Dealer may*dust Tends Vasa M Trade Vent ens)ed Mod Changes Y oondbort wtyor auasew of Tiede Vehid etst between dale of current mongol and accealance M ads Pr0000l M Cusbaber. ..�� .;TC 04047/12 Printed on 10/30/2014 at 1:06 PM. ARIZONA REFUSE SALES,LLC. Check One 1930 W Broadway Road Phoenix,AZ 85041 ORIGINAL PHONE: 602-276.4390 Quote IN-HOUSE FAX: 602-276-5470 Invoice#: 00026331 E-MAIL: Date: 10/14/2014 Ship Via: Page: 1 Bill To: Ship To: City of Prescott City of Prescott Central Garage 432 N.Virginia St. 432 North Virginia Street Prescott,Az 86301 Prescott,Az 86301 Description Amount Tx (1)SCORPION ASL-27 per TUCSON TAG Contract 110051. $91,848.00 X 3-Color Camera System with 7"Non-DVR Monitor;60-300 Gallon Grabbers;Joystick AND LST Controls; 3-Light Flashing Kit on Tailgate tied to Brakes; Hopper and Arm Work Lights; Hydraulic Oil Level Sensor; Hydraulic Fluid Quick Disconnect Kit; 10-lb Fire Extinguisher and Mounting Bracket WARRANTIES INCLUDED in base price:Tucson Tag Body and Arm 3-Year Cylinders 3-Years Hoses 3-Years Controls 3-Years Additional Options Standard to City of Prescott Units DEC2 Custom City Decal both sides of body $1,031.00 X APWT Adverse Weather Pre-Treatment $1,804.00 X PT03 SPECIAL Powder Coat Color Match $1,546.00 X ZONE1 Zonar Tracking and Diagnostics Hardware $979.00 X REFURBISH:CUSTOMER provided chassis(body removed by customer)Refurbish by $3,000.00 ARS to include clean and paint cab and match custom body color, restore cab as needed including new console cover. SIGNATURE PRINT NAME • A Finance Charge of 1-1112%per month,18%annual rate,will be charged on all past invoices. Shipping&Handling: $0.00 Sales Tax: $8,068.26 Your Order Total Amount: $108,276.26 Shipping Date: Amount Applied: $0.00 Terms: Net 30 Balance Due: $108,276.26 Except insofar as items sold pursuant to this contract bear such warranties as their manufacturers allow,all other work is fully guaranteed for 90 days from date of invoice, Claims must be accompanied by the original invoice. We are responsible for our work ONLY. Warranties do not apply to damage or defect due to improper assembly or any other adjustments made to unit subsequent to our repair by customer or other party. The anZexclusive remedyof buyer for warranties of ARIZONA REFUSE SALES.LLC. (hereafter called The Seller).shalt be repair or replacement of itrsiilyliSitt 81-II'of purchase or repair price of only those Items described in The Seller's original invoice,at the option of The Seller only. No other charges will be paid by The Seller for down time repair machinery repair,mechanic charges,travel,attorney fees,etc. Not responsible gems(elt on{Fie�$eIler's eremisessast 30 days from invoice date �., VISA, MASTERCARD,AMERICAN EXPRESS AND DISCOVER CARDS ACCEPTED I I. „ ('ITVor PRES(101"f COUNCIL AGENDA MEMO MEETING DATE/TYPES: COMBINED WORKSHOP AND 12-2-14 REGULAR VOTING SESSION DEPARTMENT: Field and Facilities Services AGENDA ITEM: Approval of purchase of one (1) ea. 2015 Peterbilt 320 chassis from Rush Trucks in the amount of $150,425.39 using Houston Galveston Area Council (HGAC) Contract No. HT06-14 pricing, and one (1) ea. Contender front load body from McNeilus Truck and Manufacturing in the amount of $108,151.00, using Houston Galveston Area Council (HGAC) Contract No HT06-14 pricing, in the total amount of $258,576.39 (Solid Waste Fund) Approved By: Date: Director: Miller, Stephanie 11/19/2014 I� City Manager: McConnell, Craig I�/�tcarn) Item Summary The Field and Facilities Services Department is requesting authorization to purchase a new automated front loading (AFL) solid waste collection vehicle to replace an older AFL vehicle that has met the City's criteria for replacement. The new AFL consists of a 2015 Peterbilt 320 refuse chassis and a Contender front load body. Background The Solid Waste Division of the Field and Facilities Services Department, working in conjunction with the Fleet Services Division, replaces aging vehicles used in solid waste operations which are at or are approaching 100,000 miles, have reached the end of their useful lives, and are becoming mechanically unreliable. The Solid Waste Division utilizes AFL collection vehicles to service over 1,220 commercial and residential customers City- wide. These vehicles require regular maintenance to ensure reliability and maximum useful lives. As vehicles age, key components suffer failures requiring repair or replacement. Repairs and replacements escalate each year that a vehicle is in service. Criteria used in deciding to replace the vehicle is as follows: No. Year Description Miles/Hours Repair Costs Life to Date 1152 2006 Autocar AFL collection vehicle 163,196/17,500 $283,793.00 j AGENDA ITEM: Approval of purchase of one (1) ea. 2015 Peterbilt 320 chassis from Rush Trucks in the amount of $150,425.39 using Houston Galveston Area CouncilAl (HGAC) Contract No. HT06-14 pricing, and o mount ea. of $1081 51f00,t lusng Houston body from McNeilus Truck and Manufacturing in the Galveston Area Council (HGAC) Contract No. HT06-14 pricing, in the total amount of $258,576.39 (Solid Waste Fund) Average annual repair costs for this vehicle equate to $31,533.00. While this amount appears high, it should be noted that solid waste collection vehicles are operated daily, accrue high miles, and break down frequently even when properly maintained. During the life of this vehicle, it suffered several costly breakdowns including replacement of an air charge cooler, a hydraulic pump, a power take-off unit, a turbo charger, an engine injector, and an electrical wiring harness. Financial Impact Funding of $280,000.00 for this budgeted FY15 truck is available in the Solid Waste Fund. Attachment 1. Rush Trucks quote dated November 3, 2014. 2. McNeilus Truck's quote dated November 5, 2014. Recommended Action (by separate motions): (1) MOVE to approve the purchase of one (1) ea. 2015 Peterbilt 320 chassis from Rush Trucks in the amount of $150,425.39 using Houston Galveston Area Council (HGAC) Contract No. HT06-14 pricing; and (2) MOVE to approve the purchase of one (1) ea. Contender front load body from McNeilus Truck and Manufacturing in the amount of $108,151.00, using Houston Galveston Area Council (HGAC) Contract No. HT06-14 pricing. 2 Rush Truck Center, Phoenix dew 9600 W.Roosevelt St11 . TRUC CENTERS Tolleson,AZ 85353 Customer Proposal Letter 602-422-8100 P City of Prescott P.O.BOX 2059 Prescott,AZ 86302-2059 (928)777-1631 Thank you for the opportunity to earn your business.We look forward to working with you on your business needs.Please accept the following proposal. , Make Peterbilt Model 320 Year 2015 Stock Number To Be Determined • Additional Vehicle and Accessories Description To be delivered on or about 4/1/2015 INCLUDES:HGAC FEES Quantity 1 Total Truck Price per Unit $138.624.55 $138.624.55 F.E.T.(Factory&Dealer Paid) $0.00 $0.00 Net Sales Price $138,624.55 $138,624.55 Optional Extended Warranty(ies) State Sales Tax $11.505.84 $11.505.84 Documentary Fee $250.00 $250.00 LeFI s/oe d .ve Administration Fee Vehicle Inventory Tax Additional Taxes $25.00 $25.00 Tire Recycling Program $20.00 $20.00 Battery Disposal Fee Out of State Vehicle Fee • Rebate(s) Total Sales Price(Including Rebate(s)) $150,425.39 $150,425.39 Trade Allowance (see DISCLAIMER Below $0.00 Sales Representative /mo George seal 67ryierute printed name Purchaser nenature punted name sue date Accepted by Sales Manager or General Manages tgnatun primed name Quote good until 1/1/2015 Note:The above Customer Proposal Is a quotation only.Sale terms subject to approval of Sales Manager of Dealer. DISCLAIMER:Any cedar bated on MP Proposal subject to Customer enecWng Desists standard form Retail Purchssa Order nce.ponbng above looms.Any documentary ram,state ter,ite,registration end license lees subject to uttusiment and change.Actual F.E.T.to be pe(d by Dealer,wheel to 54i$unenL My F.E.T.winence will be responsibility of Dealer.Men laeMr has reserved the right to change the piles to Dealer et any vehicle not c ten sly In Dealers stock,without rotes to Darer.It Quoted Veh de(s)ntt currently in Dealers sloth.Dealer reserves right le canoe Quotation Total to reflect any pia oc aaaae corn Manugceuer.This Propose)b based upon Dealers current and expected awantory.Medi b auhsct IS change.Dealer net obligated to retain any specific vehicles to sack,nor maintain any specific inventory level.Dealer shell rot be obligated to fulfil Proposal in event quoted wNclets)not in boor or available within requested deb ary schedule al Was Proposal accepted.Dealer shell rat be testa for any delay n provitfrng or inability to provide Quoted Vehlcle(s),where such Inabliy or delay a due,in whole or In pert.to any cause beyond the reesoneeble control of Dealer or Is without Si'grass Mgrpana or Wended misconduct of Dealer.Above fisted Trade Value based upon cu ins appals!of Trade VMlda(t).Dealer may adjust Trod*View of Trade Vehtds(a)to felled Menges in coordebn miler macaw of Trade Vehicle(*)between data of current moralist end accs*Wtoe of ads Proposal by Customer. w. RTCQ-w0.7112 Printed on 10/30/2014 at 1:06 PM. Oshkosh Corporation Classification:Unrestricted — McNeilus Truck and Manufacturing Co. Phoenix,AZ JIICJ%JE!I1IIS, 507-374-6321 An Oshkosh Corporation Company Quote Number:OPP201411052025 Rev:0 Catalog: 14.10.10A Model 4M87: Contender 40 yd Med Floor Front Loader(FE) Printed: 1 1/5120 1 4 Quoted/Sold To: Delivery Point: City of Prescott City of Prescott 430 N.Virginia St 430 N.Virginia St Prescott,AZ 86301 Prescott,AZ86301 USA USA Attn:Pam Risaliti -IQuantity Discount Total Configured Price $94,645 Pricing f cing Includes oroered ay applicableca discounts n for quantitypricn quoted.Change Surcharge 0 Specials 1,525 Freight Charges fuel cost at the time of Freight charge is estimated based upon FET 0 quotation. The charge is subject to.change at the time of delivery. Shipping arrangements(when appplicable)are made for the 3,566 convenience of the customer.SBIIer assumes no responsibility for the Freight equipment in transport. Extended Warranties 0 Miscellaneous 0 Taxes Any Sales Tax 8,415 appli�cablerstateland llocal taxes must be aprices d d o these prices ad paid directly by the purchaser. Total Unit Price $108,151 Specifications Ail specifications are subject to change without notice. Several Quantity 1 factors sbeyondtion of�mpof the chassis of OEM Eo Brea McNeilus may result Special Options Extended Price $108,151 Special options are subject to engineering application approval. Termsyy &Conditions Required Down Payment 0 conditionatof London Machines ss Inc McNeeustTruck a dms and Manufacturing Co.and Oshkosh Corporation,including limitations of warranty. • This quotation is valid until 1 213112 01 4. Payment Terms Any order Is contingent upon acceptance by McNeilus Due upon receipt Truck and Manufacturing Company. Quotation Currency All prices are in US Dollars(USD) Acceptance By signing and returning this document,you are indicating that you have read and approved the above specification. Please return this signed quotation and down payment to your McNeilus representative. If you have any questions,please feel free to contact us. Date(s)chassis will arrive at McNeilus Authorized Signature Date II,L• crryOF PR_ESCOTT -�1' ,��N /,' frthwetiA,,Vt COUNCIL AGENDA MEMO MEETING DATE/TYPES: COMBINED WORKSHOP AND 12-2-2014 REGULAR VOTING SESSION DEPARTMENT: Field and Facilities Services AGENDA ITEM: Approval of purchase of one (1) ea. Scorpion side load body from Arizona Refuse Sales using City of Tucson Contract No. 110051 pricing in the total amount of $108,276.26 (City Contract No. 2015-076; Solid Waste Fund) Approved By: Date: Director: Miller, Stephanie 11/19/14 City Manager: McConnell, Craig btu /1-20 (f 1 Item Summary 0 The Field and Facilities Services Department is requesting authorization to purchase a new automated side loading (ASL) collection body to replace an older body on an existing ASL collection vehicle chassis. The new ASL body consists of one (1) ea. Scorpion side load body from Arizona Refuse Sales. Background The Solid Waste Division utilizes ASL collection vehicles to service over 31,000 commercial and residential customers City-wide. These vehicles require regular maintenance to ensure reliability and maximum useful lives. As the vehicles age, key components suffer failures requiring repair or replacement. Repairs and replacements escalate each year that a vehicle is in service. This purchase will replace the body on vehicle # 1321, a 2009 Autocar ASL. The Solid Waste Division began refurbishing ASL collection vehicles in 2011. The refurbishing process entails removing the existing body, arm, and hydraulic system, and replacement with new components. Refurbishing the ASL collection vehicle extends the useful life of the chassis by up to seven years. This cost effective process enables the Division to update the fleet as needed at a lower cost. A new ASL truck cost between $250,000 and $270,000. Refurbishing the Division's current ASL trucks will cost less than half of the replacement amount. The Division has several vehicles in operation that have been refurbished with Scorpion bodies. These vehicles have proven to be reliable and efficient as they perform daily routes throughout the City. The re-bodied vehicles have saved the Division an average of $20,000 per year in maintenance costs compared to the vehicles of like age and style. AGENDA ITEM: Approval of purchase of one (1) ea. Scorpion side load body from Arizona Refuse Sales using City of Tucson Contract No. 110051 pricing in the total amount of$108,276.26 (City Contract No. 2015-076; Solid Waste Fund) Financial Impact Funding of$120,000 for this budgeted FY15 body is available within the Solid Waste Fund. Attachment 1. Arizona Refuse Sales proposal dated October 14, 2014. Recommended Action: MOVE to approve the purchase of one (1) ea. Scorpion side load body from Arizona Refuse Sales using City of Tucson Contract No. 110051 pricing in the total amount of$108,276.26 (City Contract No. 2015-076). 2 ARIZONA REFUSE SALES,LLC. Check One 1930 W Broadway Road ORIGINAL Phoenix,AZ 85041 PHONE:602-276-4390 Quote /N-HOUSE FAX: 602-276-5470 Invoice#: 00026331 E-MAIL: Date: 10/14/2014 Ship Via: Page: 1 Bill To: Ship To: City of Prescott City of Prescott Central Garage 432 N.Virginia St. 432 North Virginia Street Prescott,Az 86301 Prescott,Az 86301 Description Amount Tx (1)SCORPION ASL-27 per TUCSON TAG Contract 110051. $91,848.00 X 3-Color Camera System with 7" Non-DVR Monitor;60-300 Gallon Grabbers;Joystick AND LST Controls; 3-Light Flashing Kit on Tailgate tied to Brakes; Hopper and Arm Work Lights; Hydraulic 011 Level Sensor; Hydraulic Fluid Quick Disconnect Kit; 10-lb Fire Extinguisher and Mounting Bracket. WARRANTIES INCLUDED in base price: Tucson Tag Body and Arm 3-Year Cylinders 3-Years Hoses 3-Years Controls 3-Years Additional Options Standard to City of Prescott Units DEC2 Custom City Decal both sides of body 51,031.00 X APWT Adverse Weather Pre-Treatment $1,804.00 X PT03 SPECIAL Powder Coat Color Match $1,546.00 X ZONE1 Zonar Tracking and Diagnostics Hardware $979.00 X REFURBISH:CUSTOMER provided chassis(body removed by customer)Refurbish by $3,000.00 ARS to include clean and paint cab and match custom body color,restore cab as needed including new console cover. SIGNATURE PRINT NAME A Finance Charge of 1-1/2%per month,18%annual rate,will be charged on all past invoices. Shipping& Handling: $0.00 Sales Tax: $8,068.26 Your Order Total Amount: $108,276.26 Shipping Date: Amount Applied: $0.00 Terms: Net 30 Balance Due: $108,276.26 Except insofar as items sold pursuant to this contract bear such warranties as their manufacturers allow,all other work is fully guaranteed for 90 days from date of invoice. Claims must be accompanied by the original invoice. We are responsible for our work ONLY. Warranties do not apply to damage or defect due to improper assembly or any other adjustments made to unit subsequent to our repair by customer or other party. The and exclusive reme-d.y�of buyer for warranties of ARIZONA REFUSE SALES,LLC. (hereafter called The Seller)shall be repair or replacement of ag �M I dr 1*i fY'of purchase or repair price of only those items described in The Seller's original invoice,at the option of The Seller only. No other charges will be paid by The Seller for down time repair machinery repair,mechanic charges,travel,attorney fees,etc. Not responsible irerris'left on tfie$e51er s premises past 30 days from invoice date. VISA, MASTERCARD,AMERICAN EXPRESS AND DISCOVER CARDS ACCEPTED t9'01-1 II•M• c'JTYoi PRES('O1•T ;ft,.,�r�t,,.n COUNCIL AGENDA MEMO MEETING DATE/TYPES: COMBINED WORKSHOP AND 12-2-14 REGULAR VOTING SESSION DEPARTMENT: Field and Facilities Services AGENDA ITEM: Approval of purchase of one (1) ea. 2015 Tymco 500x high-dump regenerative-air street sweeper from H&E Equipment Services using the City of Tempe Contract No. T11-144-01 pricing in the amount of$245,586.11 (Vehicle Replacement Fund) Approved By: Date: Director: Miller, Stephanie 11/21/2014 City Manager: McConnell, Craig agfilt. (4140 U Item Summary The Field and Facilities Services Department is requesting authorization to purchase a new Tymco 500x high-dump regenerative-air street sweeper to replace a 2003 Broom Bear street sweeper that has met the City's criteria for replacement. Background The Street Maintenance Division of the Field and Facilities Services Department, working in conjunction with the Fleet Services Division, replaces aging vehicles used in street maintenance operations which are at or are approaching 100,000 miles, have reached the end of their useful lives, and are becoming mechanically unreliable. The Street Maintenance Division utilizes two types of sweepers for cleaning streets within the City of Prescott: broom sweepers and regenerative-air sweepers. Using both types of sweepers enables effective removal of different types of debris. Replacement of the current broom sweeper with a regenerative-air sweeper will result in the Street Maintenance Division having one broom sweeper and one regenerative air sweeper. An additional regenerative air sweeper, shared with the Airport, is also in use. Additionally, the proposed sweeper is a high-dump sweeper so it can be emptied into roll-off boxes at various locations throughout the City. The Tymco 500x is quieter than the broom bear, with a decibel reading of 77.9 dB at 50 feet, similar to quiet conversation or a telephone dial tone. ... While regenerative-air sweepers are more expensive initially, their expected average service life range is significantly longer than mechanical sweepers due primarily to fewer AGENDA ITEM: Approval of purchase of one (1) ea. 2015 Tymco 500x high-dump regenerative-air street sweeper from H&E Equipment Services using the City of Tempe Contract No. T11-144-01 pricing in the amount of $245,586.11 (Vehicle Replacement ..a Fund) moving parts requiring repair and replacement. Longer service life translates into lower operation and maintenance expense on a unit basis (dollar cost per curb-mile swept). Additionally, the City is required to address water quality concerns and urban pollutants through regulatory mechanisms such as the AzPDES Small MS4 General Permit, Watson Lake TMDL, and the Granite Creek TMDL. Finalization of the Watson Lake TMDL is anticipated in early 2015, with the Granite Creek TMDL to follow, and implementation of a new MS4 General Permit in July 2015 that has much stricter requirements than the current permit. Since existing developed areas have limited choices for retrofitting storm water systems, source control (pollution prevention) is increasingly important to improving the quality of runoff and meeting regulatory water quality limits. Public streets are part of the City's storm drainage system; therefore, maintenance of drainage structures and street sweeping are the City's primary pollution prevention practices. All other storm water pollution prevention or treatment strategies implemented elsewhere in the watershed are negated if the drainage system itself is a collector and conveyance of pollutants to receiving waters. Scientific studies show that street cleaning is one of the most effective and cheapest methods of pollutant removal, behind storm line cleaning. Criteria used in recommendation of vehicle replacement is as follows: No. Year Description Miles/Hours Repair Costs Life to Date 1075 2003 Broom Bear Street Sweeper 83,445/13,288 $195,544 Financial Impact Funding of $250,000.00 truck is available in the FY 2015 Vehicle Replacement Fund. Attachment 1. H&E Equipment Services quote dated October 15, 2014. Recommended Action: MOVE to approve the purchase of one (1) ea. 2015 Tymco 500x' high-dump regenerative-air street sweeper from H&E Equipment Services using the City of Tempe Contract No. T11-144-01 pricing in the amount of $245,586.11. 2 '"' LA• EQUIPMENT SERVICES. t0 10/15/14-Revised City of Prescott 2800 Sundog Ranch Road Prescott,AZ. 86301 Attn.Dean Thompson 928-777-1674 We at H&E Egttipment Services, INC. are please to quote the following One New Tymco 500x High Dump Regenerative Air Sweeper. SPECIFICATIONS: Auxiliary Engine: John Deere turbocharged 4045T T4115 HP ow Auxiliary Fuse Panel Auxiliary Hydraulic System Amber Beacon Light LED Back Up Alarm Bolt on Suction Transition Broom Assist Pick Up Head Dust Control Water System Dust Separator Cleanout Tool Engine Protection System High Capacity Dust Separator Stainless Steel Hopper 24 to 132"Dump Height Hopper Drain Hydraulic System with 34 Gallon Reservoir Instruments in Cab Pressure Bleeder Rear Bumper Tool Bracket Rubber Lined Blower _ ___Storage..Compartment__ _ _._ Twin Gutter Brooms with Lights,Minors and Tilt Water Fill Hose and Rack Two Rear Floodlights Rear Mounted LED Warning Lights LED Stop Turn and Tail Lights dm- 4D10 S 22nd St•Phoenix,AZ 85040 MI al Toil Free;(800)428-3020.Office: (602)232-0600 "Equipped to Serve" �ow f Kq� Fax:(602)232-0620 www.HE-equipment.com Pg#2 TRUCK CHASSIS: International 4300 DT 210 HP 6.4 Liter 8 Cylinder Diesel Allison 2500 RDS 10,000 LB Front Axle 23,000 LB Rear Axle 50 Gallon Fuel Tank Additional Options included in Tempe spec High Output Water Sweeper Cleanout System-This is the sweeper deluge Low Emissions Package Abrasion Protection Package Reverse Pickup Head Chains Curtain Lifter Pick up head hour meter Water level gauge in cab Sweeper Odometer LED Arrow Stick 5 Year Allison Transmission Warranty Extra Set of sweeper books Fire Extinguisher Window Tint Tow hooks Air Dryer Investment Delivered $226,660.00(ea.)plus tax a 4 5 5 8(a•1 f PLEASE NOTE. Price includes sweeper deluge.No quiet package needed. Auxiliary Engine already mounted in an insulated compartment at the rear of the chassis. ORDINANCE NO. 4916-1454 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF PRESCOTT, YAVAPAI COUNTY, ARIZONA, AMENDING THE PRESCOTT CITY CODE BY REPEALING TITLE III, CHAPTER 3-14 (DEVELOPMENT FEES), SECTION 3-14-2 (DEVELOPMENT FEES FOR FIRE) AND SECTION 3-14-3 (DEVELOPMENT FEES FOR POLICE), AND RESERVING SUCH SECTIONS FOR FUTURE USE. RECITALS: WHEREAS, the City of Prescott has determined to not charge development impact fees for capital expenditures for the fire and police departments. ENACTMENTS: NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PRESCOTT AS FOLLOWS: SECTION 1. THAT the Prescott City Code Title III, Chapter 3-14 (Development Fees), Section 3-14-2 (Development Fees for Fire) and Section 3-14-3 (Development Fees for Police), are hereby repealed in their entirety and such Sections are reserved for future use. PASSED AND ADOPTED by the Mayor and Council of the City of Prescott this day of , 2014. MARLIN D. KUYKENDALL, Mayor ATTEST: APPROVED AS TO FORM: DANA R. DeLONG, City Clerk JON A. PALADINI, City Attorney RESOLUTION NO. 4266-1475 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF PRESCOTT, YAVAPAI COUNTY, ARIZONA, ACKNOWLEDGING THE EFFORTS OF THE GENERAL PLAN COMMITTEE AND THANKING THE COMMITTEE MEMBERS FOR THEIR CONTRIBUTION TO THE COMMUNITY. RECITALS: WHEREAS, Arizona Revised Statutes require municipalities to review and update their General Plans periodically, and WHEREAS, the City of Prescott ("Prescott") adopted its current General Plan in 2003 and is required to complete an update by the end of 2015; and WHEREAS, Prescott is in the process of updating its General Plan; and WHEREAS, the City Council appointed a citizens' committee to begin the process of drafting an updated and comprehensive General Plan for Prescott, and WHEREAS, the Committee held its first meeting in May, 2011 and, over the course of 41 committee meetings, the members reviewed thousands of pages of documents, communicated with the public and drafted a General Plan update that was submitted to the Planning and Zoning Commission in 2014; and WHEREAS, now that the Committee has completed its duties, it is the desire of the City Council to acknowledge their efforts and contributions and to thank the General Plan Committee members for their dedication to the community. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF PRESCOTT: THAT the City of Prescott acknowledges the efforts and thanks Prescott General Plan Committee members Miriam Haubrich (co-chair), Terry Marshall (co-chair), Brad Devries, Dave Fisher, Glenn Gooding, Zena Mitchell, Elisabeth Ruffner, Roxane Nielsen, George Sheets, Gary Worob, David Quinn, Councilmember Len Scamardo (ex-officio), Councilmember Chris Kuknyo (ex-officio), and Councilmember Jean Wilcox (ex-officio) for their service and dedication to the community; and PASSED, APPROVED AND ADOPTED by the Mayor and Council of the City of Prescott this day of , 2014. City Clerk Note:As presented at the Council meeting of December 2,2014 RESOLUTION NO.4266-1475 PAGE 2 PASSED, APPROVED AND ADOPTED by the Mayor and Council of the City of Prescott this day of , 2014. MARLIN D. KUYKENDALL, Mayor ATTEST: APPROVED AS TO FORM: DANA DELONG JON M. PALADINI City Clerk City Attorney RESOLUTION NO. 4266-1475 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF PRESCOTT, YAVAPAI COUNTY, ARIZONA, ACKNOWLEDGING THE EFFORTS OF THE GENERAL PLAN COMMITTEE AND THANKING THE COMMITTEE MEMBERS FOR THEIR CONTRIBUTION TO THE COMMUNITY. RECITALS: WHEREAS, Arizona Revised Statutes require municipalities to review and update their General Plans periodically, and WHEREAS, the City of Prescott ("Prescott") adopted its current General Plan in 2003 and is required to complete an update by the end of 2015; and WHEREAS, Prescott is in the process of updating its General Plan; and WHEREAS, the City Council appointed a citizens' committee to begin the process of drafting an updated and comprehensive General Plan for Prescott, and WHEREAS, the Committee held its first meeting in May, 2011 and, over the course of 41 committee meetings, the members reviewed thousands of pages of documents, communicated with the public and drafted a General Plan update that was submitted to the Planning and Zoning Commission in 2014; and WHEREAS, now that the Committee has completed its duties, it is the desire of the City Council to acknowledge their efforts and contributions and to thank the General Plan Committee members for their dedication to the community. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF PRESCOTT: THAT the City of Prescott acknowledges the efforts and thanks Prescott General Plan Committee members Miriam Haubrich (co-chair), Terry Marshall (co-chair), Brad Devries, Dave Fisher, Glenn Gooding, Zena Mitchell, Elisabeth Ruffner, Roxane Nielsen, George Sheets, Gary Worob, David Quinn, Councilmember Len Scamardo (ex-officio), Councilmember Chris Kuknyo (ex-officio), and Councilmember Jean Wilcox (ex-officio) for their service and dedication to the community; and THAT the City of Prescott recoanizes Daniel Mattson, City of Prescott resident. for his involvement and contributions as a regular attendee of the committee meetings. City Clerk Note:Amended at the Council Meeting of December 2,2014. RESOLUTION NO.4266-1475 PAGE 2 PASSED, APPROVED AND ADOPTED by the Mayor and Council of the City of Prescott this 2nd day of December , 2014. MARLIN D. KUYKENDALL, Mayor ATTEST: APPROVED AS TO FORM: DANA DELONG JON M. PALADIN! City Clerk City Attorney As amended at the Council meeting of December 2,2014 RESOLUTION NO. 4266-1475 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF PRESCOTT, YAVAPAI COUNTY, ARIZONA, ACKNOWLEDGING THE EFFORTS OF THE GENERAL PLAN COMMITTEE AND THANKING THE COMMITTEE MEMBERS FOR THEIR CONTRIBUTION TO THE COMMUNITY. RECITALS: WHEREAS, Arizona Revised Statutes require municipalities to review and update their General Plans periodically, and WHEREAS, the City of Prescott ("Prescott") adopted its current General Plan in 2003 and is required to complete an update by the end of 2015; and WHEREAS, Prescott is in the process of updating its General Plan; and WHEREAS, the City Council appointed a citizens' committee to begin the process of drafting an updated and comprehensive General Plan for Prescott, and WHEREAS, the Committee held its first meeting in May, 2011 and, over the course of 41 committee meetings, the members reviewed thousands of pages of documents, communicated with the public and drafted a General Plan update that was submitted to the Planning and Zoning Commission in 2014; and WHEREAS, now that the Committee has completed its duties, it is the desire of the City Council to acknowledge their efforts and contributions and to thank the General Plan Committee members for their dedication to the community. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF PRESCOTT: THAT the City of Prescott acknowledges the efforts and thanks Prescott General Plan Committee members Miriam Haubrich (co-chair), Terry Marshall (co-chair), Brad Devries, Dave Fisher, Glenn Gooding, Zena Mitchell, Elisabeth Ruffner, Roxane Nielsen, George Sheets, Gary Worob, David Quinn, Councilmember Len Scamardo (ex-officio), Councilmember Chris Kuknyo (ex-officio), and Councilmember Jean Wilcox (ex-officio) for their service and dedication to the community; and THAT the City of Prescott recognizes Daniel Mattson, City of Prescott resident, for his involvement and contributions as a regular attendee of the committee meetings. RESOLUTION NO.4266-1475 PAGE 2 MARLIN D. KUYKENDALL, Mayor ATTEST: APPROVED AS TO FORM: DANA DELONG JON M. PALADINI City Clerk City Attorney Agenda Item: Adoption of Ordinance Nos. 4917-1455 and 4918-1456 implementing revised water and wastewater utility rates and making related amendments to the Prescott City Code Councilwoman Wilcox has proposed to change the description of the proposed Aquifer Protection Fee to Watershed Protection Fee, and that specific uses of this fund be defined to incorporate the recommendations made by Chuck Budinger at the November 18, 2014 Public Hearing. Schedule If adopted, the attached Ordinances will implement utility rate adjustments for the three (3) years beginning January 1, 2015. The new rates will be reflected in customer bills beginning in February 2015. Attachments 1. Ordinance No. 4917-1455 2. Exhibits for Ordinance No. 4917-1455 3. Ordinance No. 4918-1456 4. Exhibits for Ordinance No. 4918-1456 Recommended Action (by separate motions): (1) MOVE to adopt Ordinance No. 4917-1455; and (2) MOVE to adopt Ordinance No. 4918-1456. 3 ORDINANCE NO. 4917-1455 PAGE 3 There is hereby established an effluent use fee as set forth in the table of Exhibit B to this ordinance. The charge for the sale of City effluent to a user shall be calculated at the effluent use fee, except as otherwise provided by a separate agreement approved by the City Council between the City and the effluent user in effect as of the date of this ordinance. Notwithstanding the foregoing, the effluent rate charged to any municipal golf course shall be no more than the effluent rate charged to any other golf course receiving City effluent. PASSED AND ADOPTED by the Mayor and Council of the City of Prescott this 2nd day of December , 2014. MARLIN D. KUYKEdDALL, Mayor ATTEST: APPROVED AS TO FORM: 01-kkA D N R. DELONG, City Clerk ` JON�MrLAttah,City Attorney As amended at the Council Meeting of December 2, 2014 3 ORDINANCE NO. 4917-1455 PAGE 2 When installed, said device shall be used to determine the flow of wastewater for that user group, and shall be the basis for the billing charge. Flow-based billing shall be calculated as the sum of the monthly base charge per account plus an amount per unit of flow, both as set forth in the Nonresidential (General) category of the Wastewater Fee Table of Section 2-1-21(B). (D) The monthly service charge and any other fees herein established shall be collected from the property owner, or from the users of the premises which are connected to the city wastewater system. Such monthly service charge and any other fees established by this Section shall run with the land to which such charges and fees relate, except where otherwise explicitly prohibited by state law. (E) All fees and assessments under this Section are due and payable on the date billed. Late charges of one and one-half percent (1.5%) per month of the unpaid balance due will be imposed on bills not paid within thirty (30) calendar days after the billing date. (F) Procedure and remedies for failure to timely pay monthly wastewater only service charge. 1. A monthly wastewater-only service charge for wastewater collection and treatment shall be delinquent if not paid within thirty (30) calendar days after the bill is issued. 2. A notice of delinquency shall be mailed certified, return receipt requested, to the last known address of the property owner or to the address at which the tax bill for the property was last mailed, and the occupant of the premises or other users of the city wastewater system. 3. An appeal to the notice of delinquency must be filed in writing within fifteen (15) calendar days of the date of receipt of the notice. (G) Notwithstanding any term, clause or section in this chapter, pursuant to A.R.S. Section 9-511.02, in the event the monthly wastewater-only service charge for wastewater collection and treatment for a property becomes delinquent for more than ninety (90) days, the city may file a lien upon the property for which wastewater service is provided for such nonpayment of monthly charges. Prior to filing such lien, the city shall comply with the procedures set forth in A.R.S. Section 9-511.02. Any lien placed on a property pursuant to this section shall be enforceable pursuant to and in accordance with A.R.S. Section 9-511.02. (H) There is hereby established a septage receiving rate for wastewater haulers as such use is described in Section 2-1-46-3 of this Code. The septage receiving rate for wastewater haulers shall be determined based on a rate of One Hundred Dollars ($100.00) for every One Thousand (1000) gallons of septage delivered. SECTION 3. THAT the Prescott City Code Title II, Chapter 2-1, Section 2-1-57 (Effluent Lines and Connections) is amended by adding the following: 2 ORDINANCE NO. 4917-1455 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF PRESCOTT, YAVAPAI COUNTY, ARIZONA, AMENDING PRESCOTT CITY CODE TITLE II (DEPARTMENTS), CHAPTER 2-1 (PUBLIC WORKS DEPARTMENT), BY AMENDING SECTION 2-1-21 (UTILITIES DIVISION, WASTEWATER RATES), ADDING A NEW SECTION 2-1-22 (WASTEWATER ONLY SERVICE AND SEPTAGE RECEIVING), AND AMENDING SECTION 2-1-57 (EFFLUENT LINE AND CONNECTIONS). RECITALS: WHEREAS, the Prescott City Charter Article XII (Franchise and Public Utilities), Section 2 (Establishment of Municipally Owned and Operated Utilities) provides that the City Council may provide by ordinance the establishment of water and wastewater utilities and provide for its regulation and control and the fixing of rates to be charged; and WHEREAS, the City of Prescott desires to amend Prescott City Code Chapter 2-1 as follows. ENACTMENTS: NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PRESCOTT AS FOLLOWS: SECTION 1. THAT the Prescott City Code Title II, Chapter 2-1, Section 2-1-21 (Wastewater Rates), is hereby amended as follows: A. The Rate Table in Paragraph B is amended as shown on Exhibit A to this Ordinance. SECTION 2. THAT the Prescott City Code Title II, Chapter 2-1, is amended to add a new Section 2-1-22 (Wastewater-Only Service and Septage Receiving), as follows: (A) There is hereby established a rate for residential utility customers receiving wastewater service from the City but not water service. Wastewater-only service charges shall begin at the time of connection to the wastewater system. Customers shall be billed monthly thereafter when the building is occupied. The wastewater-only rate shall be based on the average quantity for all users in the same customer classification. (B) The charge for each wastewater-only connection shall be the monthly base charge plus the volume charge based on the average customer classification usage for winter months times a rate based as set forth in the rate table Section 2-1-21(B) of this Code. (C) Collective or group wastewater only users who connect to the City wastewater system by way of a private lift station shall install, calibrate, and maintain, at their own expense, an accurate flow measuring device to aid in determining wastewater flows. ORDINANCE NO. 4917-1455 PAGE 3 There is hereby established an effluent use fee as set forth in the table of Exhibit B to this ordinance. The charge for the sale of City effluent to a user shall be calculated at the effluent use fee, except as otherwise provided by a separate agreement approved by the City Council between the City and the effluent user this-section in effect as of the date of the ordinance. Notwithstanding the foregoing, the effluent rate charged to any municipal golf course shall be no more than the effluent rate charged to any other golf course receiving City effluent. PASSED AND ADOPTED by the Mayor and Council of the City of Prescott this day of , 2014. MARLIN D. KUYKENDALL, Mayor ATTEST: APPROVED AS TO FORM: DANA R. DELONG, City Clerk JON M. PALADINI, City Attorney City Clerk Note:Amended at the Council Meeting of December 2,2014 3 ORDINANCE NO. 4917-1455 PAGE 2 When installed, said device shall be used to determine the flow of wastewater for that user group, and shall be the basis for the billing charge. Flow-based billing shall be calculated as the sum of the monthly base charge per account plus an amount per unit of flow, both as set forth in the Nonresidential (General) category of the Wastewater Fee Table of Section 2-1-21(B). (D) The monthly service charge and any other fees herein established shall be collected from the property owner, or from the users of the premises which are connected to the city wastewater system. Such monthly service charge and any other fees established by this Section shall run with the land to which such charges and fees relate, except where otherwise explicitly prohibited by state law. (E) All fees and assessments under this Section are due and payable on the date billed. Late charges of one and one-half percent (1.5%) per month of the unpaid balance due will be imposed on bills not paid within thirty (30) calendar days after the billing date. (F) Procedure and remedies for failure to timely pay monthly wastewater only service charge. 1. A monthly wastewater-only service charge for wastewater collection and treatment shall be delinquent if not paid within thirty (30) calendar days after the bill is issued. 2. A notice of delinquency shall be mailed certified, return receipt requested, to the last known address of the property owner or to the address at which the tax bill for the property was last mailed, and the occupant of the premises or other users of the city wastewater system. 3. An appeal to the notice of delinquency must be filed in writing within fifteen (15) calendar days of the date of receipt of the notice. (G) Notwithstanding any term, clause or section in this chapter, pursuant to A.R.S. Section 9-511.02, in the event the monthly wastewater-only service charge for wastewater collection and treatment for a property becomes delinquent for more than ninety (90) days, the city may file a lien upon the property for which wastewater service is provided for such nonpayment of monthly charges. Prior to filing such lien, the city shall comply with the procedures set forth in A.R.S. Section 9-511.02. Any lien placed on a property pursuant to this section shall be enforceable pursuant to and in accordance with A.R.S. Section 9-511.02. (H) There is hereby established a septage receiving rate for wastewater haulers as such use is described in Section 2-1-46-3 of this Code. The septage receiving rate for wastewater haulers shall be determined based on a rate of One Hundred Dollars ($100.00) for every One Thousand (1000) gallons of septage delivered. SECTION 3. THAT the Prescott City Code Title II, Chapter 2-1, Section 2-1-57 (Effluent Lines and Connections) is amended by adding the following: 2 ORDINANCE NO. 4917-1455 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF PRESCOTT, YAVAPAI COUNTY, ARIZONA, AMENDING PRESCOTT CITY CODE TITLE II (DEPARTMENTS), CHAPTER 2-1 (PUBLIC WORKS DEPARTMENT), BY AMENDING SECTION 2-1-21 (UTILITIES DIVISION, WASTEWATER RATES), ADDING A NEW SECTION 2-1-22 (WASTEWATER ONLY SERVICE AND SEPTAGE RECEIVING), AND AMENDING SECTION 2-1-57 (EFFLUENT LINE AND CONNECTIONS). RECITALS: WHEREAS, the Prescott City Charter Article XII (Franchise and Public Utilities), Section 2 (Establishment of Municipally Owned and Operated Utilities) provides that the City Council may provide by ordinance the establishment of water and wastewater utilities and provide for its regulation and control and the fixing of rates to be charged; and WHEREAS, the City of Prescott desires to amend Prescott City Code Chapter 2-1 as follows. ENACTMENTS: NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PRESCOTT AS FOLLOWS: SECTION 1. THAT the Prescott City Code Title II, Chapter 2-1, Section 2-1-21 (Wastewater Rates), is hereby amended as follows: A. The Rate Table in Paragraph B is amended as shown on Exhibit A to this Ordinance. SECTION 2. THAT the Prescott City Code Title II, Chapter 2-1, is amended to add a new Section 2-1-22 (Wastewater-Only Service and Septage Receiving), as follows: (A) There is hereby established a rate for residential utility customers receiving wastewater service from the City but not water service. Wastewater-only service charges shall begin at the time of connection to the wastewater system. Customers shall be billed monthly thereafter when the building is occupied. The wastewater-only rate shall be based on the average quantity for all users in the same customer classification. (B) The charge for each wastewater-only connection shall be the monthly base charge plus the volume charge based on the average customer classification usage for winter months times a rate based as set forth in the rate table Section 2-1-21(B) of this Code. (C) Collective or group wastewater only users who connect to the City wastewater system by way of a private lift station shall install, calibrate, and maintain, at their own expense, an accurate flow measuring device to aid in determining wastewater flows. ORDINANCE NO. 4917-1455 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF PRESCOTT, YAVAPAI COUNTY, ARIZONA, AMENDING PRESCOTT CITY CODE TITLE II (DEPARTMENTS), CHAPTER 2-1 (PUBLIC WORKS DEPARTMENT), BY AMENDING SECTION 2-1-21 (UTILITIES DIVISION, WASTEWATER RATES), ADDING A NEW SECTION 2-1-22 (WASTEWATER ONLY SERVICE AND SEPTAGE RECEIVING), AND AMENDING SECTION 2-1-57 (EFFLUENT LINE AND CONNECTIONS). RECITALS: WHEREAS, the Prescott City Charter Article XII (Franchise and Public Utilities), Section 2 (Establishment of Municipally Owned and Operated Utilities) provides that the City Council may provide by ordinance the establishment of water and wastewater utilities and provide for its regulation and control and the fixing of rates to be charged; and WHEREAS, the City of Prescott desires to amend Prescott City Code Chapter 2-1 as follows. ENACTMENTS: NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PRESCOTT AS FOLLOWS: SECTION 1. THAT the Prescott City Code Title II, Chapter 2-1, Section 2-1-21 (Wastewater Rates), is hereby amended as follows: A. The Rate Table in Paragraph B is amended as shown on Exhibit A to this Ordinance. SECTION 2. THAT the Prescott City Code Title II, Chapter 2-1, is amended to add a new Section 2-1-22 (Wastewater-Only Service and Septage Receiving), as follows: (A) There is hereby established a rate for residential utility customers receiving wastewater service from the City but not water service. Wastewater-only service charges shall begin at the time of connection to the wastewater system. Customers shall be billed monthly thereafter when the building is occupied. The wastewater-only rate shall be based on the average quantity for all users in the same customer classification. (B) The charge for each wastewater-only connection shall be the monthly base charge plus the volume charge based on the average customer classification usage for winter months times a rate based as set forth in the rate table Section 2-1-21(B) of this Code. (C) Collective or group wastewater only users who connect to the City wastewater system by way of a private lift station shall install, calibrate, and maintain, at their own expense, an accurate flow measuring device to aid in determining wastewater flows. ORDINANCE NO. 4917-1455 PAGE 2 When installed, said device shall be used to determine the flow of wastewater for that user group, and shall be the basis for the billing charge. Flow-based billing shall be calculated as the sum of the monthly base charge per account plus an amount per unit of flow, both as set forth in the Nonresidential (General) category of the Wastewater Fee Table of Section 2-1-21(B). (D) The monthly service charge and any other fees herein established shall be collected from the property owner, or from the users of the premises which are connected to the city wastewater system. Such monthly service charge and any other fees established by this Section shall run with the land to which such charges and fees relate, except where otherwise explicitly prohibited by state law. (E) All fees and assessments under this Section are due and payable on the date billed. Late charges of one and one-half percent (1.5%) per month of the unpaid balance due will be imposed on bills not paid within thirty (30) calendar days after the billing date. (F) Procedure and remedies for failure to timely pay monthly wastewater only service charge. 1. A monthly wastewater-only service charge for wastewater collection and treatment shall be delinquent if not paid within thirty (30) calendar days after the bill is issued. 2. A notice of delinquency shall be mailed certified, return receipt requested, to the last known address of the property owner or to the address at which the tax bill for the property was last mailed, and the occupant of the premises or other users of the city wastewater system. 3. An appeal to the notice of delinquency must be filed in writing within fifteen (15) calendar days of the date of receipt of the notice. (G) Notwithstanding any term, clause or section in this chapter, pursuant to A.R.S. Section 9-511.02, in the event the monthly wastewater-only service charge for wastewater collection and treatment for a property becomes delinquent for more than ninety (90) days, the city may file a lien upon the property for which wastewater service is provided for such nonpayment of monthly charges. Prior to filing such lien, the city shall comply with the procedures set forth in A.R.S. Section 9-511.02. Any lien placed on a property pursuant to this section shall be enforceable pursuant to and in accordance with A.R.S. Section 9-511.02. (H) There is hereby established a septage receiving rate for wastewater haulers as such use is described in Section 2-1-46-3 of this Code. The septage receiving rate for wastewater haulers shall be determined based on a rate of One Hundred Dollars ($100.00) for every One Thousand (1000) gallons of septage delivered. SECTION 3. THAT the Prescott City Code Title II, Chapter 2-1, Section 2-1-57 (Effluent Lines and Connections) is amended by adding the following: 2 ORDINANCE NO. 4917-1455 PAGE 3 There is hereby established an effluent use fee as set forth in the table of Exhibit B to this ordinance. The charge for the sale of City effluent to a user shall be calculated at the effluent use fee, except as otherwise provided by a separate agreement approved by the City Council between the City and the effluent user or as otherwise provided in this section. Notwithstanding the foregoing, the effluent rate charged to any municipal golf course shall be no more than the effluent rate charged to any other golf course receiving City effluent. PASSED AND ADOPTED by the Mayor and Council of the City of Prescott this day of , 2014. MARLIN D. KUYKENDALL, Mayor ATTEST: APPROVED AS TO FORM: DANA R. DELONG, City Clerk JON M. PALADIN!, City Attorney City Clerk Note: As presented at the Council meeting of December 2,2014 3 ORDINANCE NO. 4917-1455 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF PRESCOTT, YAVAPAI COUNTY, ARIZONA, AMENDING PRESCOTT CITY CODE TITLE II (DEPARTMENTS), CHAPTER 2-1 (PUBLIC WORKS DEPARTMENT), BY AMENDING SECTION 2-1-21 (UTILITIES DIVISION, WASTEWATER RATES), ADDING A NEW SECTION 2-1-22 (WASTEWATER ONLY SERVICE AND SEPTAGE RECEIVING), AND AMENDING SECTION 2-1-57 (EFFLUENT LINE AND CONNECTIONS). RECITALS: WHEREAS, the Prescott City Charter Article XII (Franchise and Public Utilities), Section 2 (Establishment of Municipally Owned and Operated Utilities) provides that the City Council may provide by ordinance the establishment of water and wastewater utilities and provide for its regulation and control and the fixing of rates to be charged; and WHEREAS, the City of Prescott desires to amend Prescott City Code Chapter 2-1 as follows. ENACTMENTS: NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PRESCOTT AS FOLLOWS: SECTION 1. THAT the Prescott City Code Title II, Chapter 2-1, Section 2-1-21 (Wastewater Rates), is hereby amended as follows: A. The Rate Table in Paragraph B is amended as shown on Exhibit A to this Ordinance. SECTION 2. THAT the Prescott City Code Title II, Chapter 2-1, is amended to add a new Section 2-1-22 (Wastewater-Only Service and Septage Receiving), as follows: (A) There is hereby established a rate for residential utility customers receiving wastewater service from the City but not water service. Wastewater-only service charges shall begin at the time of connection to the wastewater system. Customers shall be billed monthly thereafter when the building is occupied. The wastewater-only rate shall be based on the average quantity for all users in the same customer classification. (B) The charge for each wastewater-only connection shall be the monthly base charge plus the volume charge based on the average customer classification usage for winter months times a rate based as set forth in the rate table Section 2-1-21(B) of this Code. (C) Collective or group wastewater only users who connect to the City wastewater system by way of a private lift station shall install, calibrate, and maintain, at their own expense, an accurate flow measuring device to aid in determining wastewater flows. ORDINANCE NO. 4917-1455 PAGE 2 When installed, said device shall be used to determine the flow of wastewater for that user group, and shall be the basis for the billing charge. Flow-based billing shall be calculated as the sum of the monthly base charge per account plus an amount per unit of flow, both as set forth in the Nonresidential (General) category of the Wastewater Fee Table of Section 2-1-21(B). (D) The monthly service charge and any other fees herein established shall be collected from the property owner, or from the users of the premises which are connected to the city wastewater system. Such monthly service charge and any other fees established by this Section shall run with the land to which such charges and fees relate, except where otherwise explicitly prohibited by state law. (E) All fees and assessments under this Section are due and payable on the date billed. Late charges of one and one-half percent (1.5%) per month of the unpaid balance due will be imposed on bills not paid within thirty (30) calendar days after the billing date. (F) Procedure and remedies for failure to timely pay monthly wastewater only service charge. 1. A monthly wastewater-only service charge for wastewater collection and treatment shall be delinquent if not paid within thirty (30) calendar days after the bill is issued. 2. A notice of delinquency shall be mailed certified, return receipt requested, to the last known address of the property owner or to the address at which the tax bill for the property was last mailed, and the occupant of the premises or other users of the city wastewater system. 3. An appeal to the notice of delinquency must be filed in writing within fifteen (15) calendar days of the date of receipt of the notice. (G) Notwithstanding any term, clause or section in this chapter, pursuant to A.R.S. Section 9-511.02, in the event the monthly wastewater-only service charge for wastewater collection and treatment for a property becomes delinquent for more than ninety (90) days, the city may file a lien upon the property for which wastewater service is provided for such nonpayment of monthly charges. Prior to filing such lien, the city shall comply with the procedures set forth in A.R.S. Section 9-511.02. Any lien placed on a property pursuant to this section shall be enforceable pursuant to and in accordance with A.R.S. Section 9-511.02. (H) There is hereby established a septage receiving rate for wastewater haulers as such use is described in Section 2-1-46-3 of this Code. The septage receiving rate for wastewater haulers shall be determined based on a rate of One Hundred Dollars ($100.00) for every One Thousand (1000) gallons of septage delivered. SECTION 3. THAT the Prescott City Code Title II, Chapter 2-1, Section 2-1-57 (Effluent Lines and Connections) is amended by adding the following: 2 ORDINANCE NO. 4917-1455 PAGE 3 There is hereby established an effluent use fee as set forth in the table of Exhibit B to this ordinance. The charge for the sale of City effluent to a user shall be calculated at the effluent use fee, except as otherwise provided by a separate agreement approved by the City Council between the City and the effluent user or otherwise provided in this section in effect as of the date of the ordinance. Notwithstanding the foregoing, the effluent rate charged to any municipal golf course shall be no more than the effluent rate charged to any other golf course receiving City effluent. PASSED AND ADOPTED by the Mayor and Council of the City of Prescott this day of , 2014. MARLIN D. KUYKENDALL, Mayor ATTEST: APPROVED AS TO FORM: DANA R. DELONG, City Clerk JON M. PALADIN!, City Attorney City Clerk Note:Amended at the Council Meeting of December 2,2014 3 ORDINANCE NO. 4917-1455 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF PRESCOTT, YAVAPAI COUNTY, ARIZONA, AMENDING PRESCOTT CITY CODE TITLE II (DEPARTMENTS), CHAPTER 2-1 (PUBLIC WORKS DEPARTMENT), BY AMENDING SECTION 2-1-21 (UTILITIES DIVISION, WASTEWATER RATES), ADDING A NEW SECTION 2-1-22 (WASTEWATER ONLY SERVICE AND SEPTAGE RECEIVING), AND AMENDING SECTION 2-1-57 (EFFLUENT LINE AND CONNECTIONS). RECITALS: WHEREAS, the Prescott City Charter Article XII (Franchise and Public Utilities), Section 2 (Establishment of Municipally Owned and Operated Utilities) provides that the City Council may provide by ordinance the establishment of water and wastewater utilities and provide for its regulation and control and the fixing of rates to be charged; and WHEREAS, the City of Prescott desires to amend Prescott City Code Chapter 2-1 as follows. ENACTMENTS: NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PRESCOTT AS FOLLOWS: SECTION 1. THAT the Prescott City Code Title II, Chapter 2-1, Section 2-1-21 (Wastewater Rates), is hereby amended as follows: A. The Rate Table in Paragraph B is amended as shown on Exhibit A to this Ordinance. SECTION 2. THAT the Prescott City Code Title II, Chapter 2-1, is amended to add a new Section 2-1-22 (Wastewater-Only Service and Septage Receiving), as follows: (A) There is hereby established a rate for residential utility customers receiving wastewater service from the City but not water service. Wastewater-only service charges shall begin at the time of connection to the wastewater system. Customers shall be billed monthly thereafter when the building is occupied. The wastewater-only rate shall be based on the average quantity for all users in the same customer classification. (B) The charge for each wastewater-only connection shall be the monthly base charge plus the volume charge based on the average customer classification usage for winter months times a rate based as set forth in the rate table Section 2-1-21(B) of this Code. (C) Collective or group wastewater only users who connect to the City wastewater system by way of a private lift station shall install, calibrate, and maintain, at their own expense, an accurate flow measuring device to aid in determining wastewater flows. ORDINANCE NO. 4917-1455 PAGE 2 When installed, said device shall be used to determine the flow of wastewater for that user group, and shall be the basis for the billing charge. Flow-based billing shall be calculated as the sum of the monthly base charge per account plus an amount per unit of flow, both as set forth in the Nonresidential (General) category of the Wastewater Fee Table of Section 2-1-21(B). (D) The monthly service charge and any other fees herein established shall be collected from the property owner, or from the users of the premises which are connected to the city wastewater system. Such monthly service charge and any other fees established by this Section shall run with the land to which such charges and fees relate, except where otherwise explicitly prohibited by state law. (E) All fees and assessments under this Section are due and payable on the date billed. Late charges of one and one-half percent (1.5%) per month of the unpaid balance due will be imposed on bills not paid within thirty (30) calendar days after the billing date. (F) Procedure and remedies for failure to timely pay monthly wastewater only service charge. 1. A monthly wastewater-only service charge for wastewater collection and treatment shall be delinquent if not paid within thirty (30) calendar days after the bill is issued. 2. A notice of delinquency shall be mailed certified, return receipt requested, to the last known address of the property owner or to the address at which the tax bill for the property was last mailed, and the occupant of the premises or other users of the city wastewater system. 3. An appeal to the notice of delinquency must be filed in writing within fifteen (15) calendar days of the date of receipt of the notice. (G) Notwithstanding any term, clause or section in this chapter, pursuant to A.R.S. Section 9-511.02, in the event the monthly wastewater-only service charge for wastewater collection and treatment for a property becomes delinquent for more than ninety (90) days, the city may file a lien upon the property for which wastewater service is provided for such nonpayment of monthly charges. Prior to filing such lien, the city shall comply with the procedures set forth in A.R.S. Section 9-511.02. Any lien placed on a property pursuant to this section shall be enforceable pursuant to and in accordance with A.R.S. Section 9-511.02. (H) There is hereby established a septage receiving rate for wastewater haulers as such use is described in Section 2-1-46-3 of this Code. The septage receiving rate for wastewater haulers shall be determined based on a rate of One Hundred Dollars ($100.00) for every One Thousand (1000) gallons of septage delivered. SECTION 3. THAT the Prescott City Code Title II, Chapter 2-1, Section 2-1-57 (Effluent Lines and Connections) is amended by adding the following: 2 ORDINANCE NO. 4917-1455 PAGE 3 There is hereby established an effluent use fee as set forth in the table of Exhibit B to this ordinance. The charge for the sale of City effluent to a user shall be calculated at the effluent use fee, except as otherwise provided by a separate agreement approved by the City Council between the City and the effluent user in effect as of the date of this ordinance. Notwithstanding the foregoing, the effluent rate charged to any municipal golf course shall be no more than the effluent rate charged to any other golf course receiving City effluent. PASSED AND ADOPTED by the Mayor and Council of the City of Prescott this 2nd day of December , 2014. MARLIN D. KUYK fbALL, Mayor ATTEST: APPROVED AS TO FORM: /LI-4 ►� ' D N R. DELONG, City Clerk (1 JOF LANA City Attorney As amended at the Council Meeting of December 2, 2014 3