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HomeMy WebLinkAboutCC - Agendas - City Council - REGULAR - 11/28/2017CITYoFPRESCOTT CITY COUNCIL MEETING �/ •! I Z O M A /Z04rtt.�4utIG VOTING MEETING AGENDA TUESDAY, NOVEMBER 28, 2017, 3:00 PM Council Chambers, 201 South Cortez Street Prescott AZ 86303 (928) 777-1100 Harry Oberg, Mayor Jim Lamerson, Mayor Pro Tem Billie Orr, Councilwoman Steve Blair, Councilman Steve Sischka, Councilman Greg Lazzell, Councilman Jean Wilcox, Councilwoman The following Agenda will be considered by the Prescott City Council at its Voting Meeting pursuant to the Prescott City Charter, Article II, Section 13. Notice of the meeting is given pursuant to Arizona Revised Statutes, Section 38-431.02. One or more members of the Council may be attending the meeting through the use of a technological device. CALL TO ORDER -Present Council 2. INTRODUCTIONS 3. INVOCATION Father Jeffrey with St. George Orthodox Church 4. POSTING OF COLORS AND PLEDGE OF ALLEGIANCE BY THE JUNIOR ROTC 5. ROLL CALL 6. ANNOUNCEMENTS 7. PRESENTATIONS A. Quester's Grant to Help with Armory Window Restoration B. Update on Yavapai College C. Prescott's Community Media Center for Over Thirty Years 8. CONSENT AGENDA Items listed on the Consent Agenda may be enacted by one motion and one vote. If discussion is required by members of the governing body, the Generated 1122201712:36 PM Prescott City Council Voting Meeting — 11/28/2017 Page 2 item will be removed from the Consent Agenda and will be considered separately. A. Approval of draft minutes for the October 30, 2017 Study Session, the October 31, 2017 Study Session, the November 7, 2017 Study Session. B. Approve purchase of a water easement from Yavapai-Prescott Indian Tribe, in the amount of $51,416.63, for the Zone 56/76 pump station upgrade project. Funding is available in the Water Fund. C. Award of City Contract No. 2018-103 to Ripple Industries, LLC, and City Contract No. 2018-104 to Rottweiler Controls, LLC, for "On -Call' contracts for Supervisory, Control and Data Acquisition (SCADA) Professional Services, each in an amount not to exceed $15,000.00 annually. Funding is available in the Water and Wastewater Funds. D. Approval to purchase an Oce Colorwave 500 Printer/Scanner and associated software, in an amount not to exceed $27,201.90. Funding is available in the Water, Wastewater and Streets Funds. E. Award of City Contract No. 2018-108 to Core & Main in the amount of $67,841.04; City Contract No. 2018-109 to AZ Waterworks in the amount of $30,239.90; City Contract No. 2018-110 to Ferguson Waterworks in the amount of $48,691.42; City Contract No. 2018-111 to Dana Kepner Co. Inc., in the amount of $136,301.61, for the purchase of waterworks materials. Funding is available in the Water and Wastewater Funds. F. Award of City Contract No. 2018-112 to Hill Brothers Chemical Company for the purchase of Accu-Tab chlorine tablets in an amount not to exceed $80,000.00 annually. Funding is available in the Water Fund. G. Approve purchase of a sewer easement from Yavapai-Prescott Indian Tribe in the amount of $256,160.24, for the Sundog Trunk Main Phase B project. Funding is available in the Wastewater Fund. H. Award of City Contract No. 2018-107 to Hennesy Mechanical Sales, LLC, for one replacement effluent water pump, in an amount not to exceed $18,103.24. Funding is available in the Wastewater Fund. (1) Approval of Consent to Assignment of Airport Lease Agreement for Airport Lease (City Contract No. 1990-029C) from Rift -Aire LLC to JDS Family Limited Partnership; and (2) Approval of Amendment (City Contract No. 1990-029CA1) to add a fifteen year extension to the Lease Agreement. J. Approval of FY18 increase for contracted employees City Manager (City Contract No. 2018-004) and City Attorney (City Contract No. 2017-370). Prescott City Council Voting Meeting — 11/28/2017 Page 3 Recommended Action: MOVE to approve Consent Agenda Items 8.A. through 8.J. 9. LIQUOR LICENSE AGENDA A. ACQUISITION OF CONTROL 1. Public Hearing and consideration for an Acquisition of Control for a Series 10 (Beer and Wine Store) from Jodi L. Vurnovas, applicant for Good 2 Go Store located at 3179 Willow Creek Road. Recommended Action: (1) MOVE to close the Public Hearing (2) MOVE to approve/deny/make no recommendation for Liquor License Application No. 10133302 for an Acquisition of Control for a Series 10 Wine and Bar liquor license, for the Good 2 Go Store located at 3179 Willow Creek Road. 10. REGULAR AGENDA A. Public Hearing for Deep Well Ranch rezoning (RZ17-003) of approximately 1,800 acres generally located at the northwest corner of the Highway 89 and 89A interchange. The request is to rezone Mixed Use (MU), Single-family-18 (SF-18), Industrial Light (IL), Multi -family High (MF- H), Business Regional (BR) to Specially Planned Community (SPC) District. Owner is James Deep Well Ranch LLC. Associated with the rezoning request is the Deep Well Ranch Master Plan (MP17-005) and an amendment to the Airport Specific Area Plan. RESOLUTION NO. 4408-1617 OF THE MAYOR AND COUNCIL OF THE CITY OF PRESCOTT, YAVAPAI COUNTY, ARIZONA, AUTHORIZING THE ADOPTION OF AN AIRPORT SPECIFIC AREA PLAN THAT CONFORMS TO THE CITY'S GENERAL PLAN AND ALLOWS FOR RESIDENTIAL USES IN ZONE 3; AND AUTHORIZING THE MAYOR AND STAFF TO TAKE ANY AND ALL STEPS NECESSARY TO ACCOMPLISH THE ABOVE. ORDINANCE NO. 5056-1596 OF THE MAYOR AND COUNCIL OF THE CITY OF PRESCOTT, YAVAPAI COUNTY, ARIZONA, AMENDING THE ZONING OF CERTAIN PROPERTY WITHIN THE CITY OF PRESCOTT GENERALLY LOCATED AT STATE ROUTE (SR) 89 AND STATE ROUTE (SR) 89A/PIONEER WAY, FROM SINGLE FAMILY 18 (SF-18), MU (MIXED USE), MULTI -FAMILY HIGH (MF-H), BUSINESS REGIONAL (BR), AND INDUSTRIAL LIGHT (IL) ZONING DISTRICTS TO SPECIALLY PLANNED COMMUNITY (SPC) ZONING DISTRICT. Prescott City Council Voting Meeting — 11/28/2017 Page 4 RESOLUTION NO. 4409-1618 OF THE MAYOR AND COUNCIL OF THE CITY OF PRESCOTT, YAVAPAI COUNTY, ARIZONA, AUTHORIZING THE CITY OF PRESCOTT TO ENTER INTO A DEVELOPMENT AGREEMENT WITH JAMES DEEP WELL RANCHES #1, LLC, JAMES DEEPWELL RANCHES #2, LLC, CHAMBERLAIN DEVELOPMENT, LLC AND DW 1 INVESTMENTS, LLC; AND AUTHORIZING THE MAYOR AND STAFF TO TAKE ANY AND ALL STEPS NECESSARY TO ACCOMPLISH THE ABOVE. Recommended Action: (1) MOVE to adopt Resolution No. 4408-1617 amending the Airport Specific Area Plan. (2) MOVE to adopt Ordinance No. 5056-1596 Rezoning to Specially Planned Community (SPC) (3) MOVE to adopt Resolution No. 4409-1618 approving the development agreement (Contract No. 2018-115). B. Adopt Ordinance No. 5054-1594 authorizing the purchase of real property from Sundog Ranch, a General Partnership for Open Space (City Contract No. 2018-116) and Adopt Ordinance No. 5055-1595 granting an ingress egress easement to Sundog Ranch, a General Partnership, for 160.028 acres of real property in the Granite Dells for Open Space purposes. Funding is available in the budget for Open Space Acquisition. ORDINANCE NO. 5054-1594 OF THE MAYOR AND COUNCIL OF THE CITY OF PRESCOTT, YAVAPAI COUNTY, ARIZONA, AUTHORIZING THE PURCHASE OF REAL PROPERTY FROM SUNDOG RANCH, A GENERAL PARTNERSHIP, FOR OPEN SPACE AND AUTHORIZING THE MAYOR AND STAFF TO EXECUTE ANY AND ALL DOCUMENTS TO EFFECTUATE SAID PURCHASE. ORDINANCE NO. 5055-1595 OF THE MAYOR AND COUNCIL OF THE CITY OF PRESCOTT, YAVAPAI COUNTY, ARIZONA, GRANTING AN INGRESS EGRESS EASEMENT TO SUNDOG RANCH, A GENERAL PARTNERSHIP, AND AUTHORIZING THE MAYOR AND STAFF TO EXECUTE ANY AND ALL DOCUMENTS TO EFFECTUATE SAID EASEMENT. Recommended Action: (1) MOVE to adopt Ordinance No. 5054-1594. (2) MOVE to adopt Ordinance No. 5055-1595. C. Adoption of Ordinance Nos. 5051-1591, 5052-1592, and 5053-1593 amending Prescott City Code Title IV Chapters 4-5, 4-6, and 4-9 regarding business licenses, safety inspections, and vacation rental registrations. ORDINANCE NO. 5053-1593 OF THE MAYOR AND COUNCIL OF THE CITY OF PRESCOTT, YAVAPAI COUNTY, ARIZONA, AMENDING TITLE IV, CHAPTER 4-6, SECTIONS 4-6-1 ("DEFINITIONS"), 4-6-2 ("LICENSE REQUIRED; EXEMPTIONS"), AND 4-6-4 ("LICENSE TERM AND FEES; PENALTIES") OF THE PRESCOTT CITY Prescott City Council Voting Meeting — 11/28/2017 CODE. Page 5 ORDINANCE NO. 5052-1592 OF THE MAYOR AND COUNCIL OF THE CITY OF PRESCOTT, YAVAPAI COUNTY, ARIZONA, AMENDING TITLE IV, CHAPTER 4-9, SECTIONS 4-9-3 ("4-9-3 REGISTRATION CERTIFICATE DISPLAY REQUIRED") AND 4-9-5 ("VACATION RENTAL REGISTRATION REQUIREMENTS") OF THE PRESCOTT CITY CODE. ORDINANCE NO. 5051-1591 OF THE MAYOR AND COUNCIL OF THE CITY OF PRESCOTT, YAVAPAI COUNTY, ARIZONA, AMENDING TITLE IV, CHAPTER 4-5, SECTIONS 4-5-1 ("FIRE AND SAFETY INSPECTIONS"), 4-5-2 ("FIRE AND SAFETY INSPECTION FEES") AND 4-5-3 ("EXCEPTIONS TO CHAPTER") OF THE PRESCOTT CITY CODE. Recommended Action: (1) MOVE to adopt Ordinance No. 5053-1593 amending City Code Chapter 4-6 Business License and Miscellaneous Business Regulations. (2) MOVE to adopt Ordinance No. 5052-1592 amending City Code Chapter 4-9 Vacation Rentals. (3) MOVE to adopt Ordinance No. 5051-1591 amending City Code Chapter 4-5 Fire and Safety Inspections. 11. PRESENTATION OF PLAQUES Councilman Lazzell Councilwoman Wilcox Mayor Oberg 12. SWEARING IN FOR NEWLY ELECTED MEMBERS OF THE PRESCOTT CITY COUNCIL Mayor Greg Mengarelli Councilmembers Steve Blair, Phil Goode, Alexa Scholl 13. CALL TO ORDER AND ORGANIZATION OF NEW COUNCIL 14. ROLL CALL 15. REGULAR AGENDA Appointment of Mayor Pro Tempore Prescott City Council Voting Meeting — 11/28/2017 16. ADJOURNMENT EXECUTIVE SESSION Page 6 Upon a public majority vote of a quorum of the City Council, the Council may hold an executive session, which will not be open to the public, regarding any item listed on the agenda but only for the following purposes: (1) Discussion or consideration of personnel matters (A.R.S. §38-431.03(A)(1)); (2) Discussion or consideration of records exempt by law (A.R.S. §38-431.03(A)(2)); (3) Discussion or consultation for legal advice with the city's attorneys (A.R.S. §38- 431.03(A)(3)); (4) Discussion or consultation with the city's attorneys regarding the city's position regarding contracts that are the subject of negotiations, in pending or contemplated litigation, or in settlement discussions conducted in order to avoid litigation (A.R.S. §38-431.03(A)(4)); (5) Discussion or consultation with designated representatives of the city to consider its position and instruct its representatives regarding negotiations with employee organizations (A.R.S. §38-431.03(A)(5)); (6) Discussion, consultation or consideration for negotiations by the city or its designated representatives with members of a tribal council, or its designated representatives, of an Indian reservation located within or adjacent to the city (A.R.S. §38-431.03(A)(6); (7) Discussion or consultation with designated representatives of the city to consider its position and instruct its representatives regarding negotiations for the purchase, sale or lease of real property (A.R.S. §38-431.03(A)(7)). THE CITY OF PRESCOTT ENDEAVORS TO MAKE ALL PUBLIC MEETINGS ACCESSIBLE TO PERSONS WITH DISABILITIES. With 48 hours advanced notice, special assistance can be provided for sight and/or hearing -impaired persons at this meeting. Reasonable accommodations will be made upon request for persons with disabilities or non-English speaking residents. Please call the City Clerk (928) 777-1272 to request an accommodation to participate in this public meeting. Prescott TDD number is (928) 446-6811. Additionally, free public relay service is available from Arizona Relay Service at 1-800-367-8939 and more information at www.azrelay.ora 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 incurrina anv such obligation or indebtedness. A.R.S. 438-431.07(A)(B). CERTIFICATION OF POSTING OF NOTICE The un ersigned here certifies that a copy of the foregoing notice was duly posted at Prescott City Hall on at ? . m. in accordance with the statement filed by the Prescott City Council with the City CI rk - �dO1J(- Maureen Scott, MMC, City Clerk I 8.A I - ('ITYor-PRESCOTT COUNCIL AGENDA MEMO MEETING DATE/TYPE: VOTING MEETING 11-28-17 DEPARTMENT: City Clerk AGENDA ITEM: Approval of draft minutes for the October 30, 2017 Study Session, the October 31, 2017 Study Session, the November 7, 2017 Study Session. Approved By: Michael Lamar, City Manager Item Summary Attached for approval are the City Council minutes for the October 30, 2017 Study Session, the October 31, 2017 Study Session, and the November 7, 2017 Study Session. Attachments 1. October 30, 2017 Draft Study Session Minutes 2. October 31, 2017 Draft Study Session Minutes 3. November 7, 2017 Draft Study Session Minutes IRecommended Action: MOVE to approve the City Council Minutes as presented. I Packet Pg.7 I 8.A.a I PRESCOTT CITY COUNCIL STUDY SESSION MEETING TUESDAY OCTOBER 30, 2017 PRESCOTT, ARIZONA Minutes of the Study Session of the Prescott City Council held on October 30, 2017, at the Centennial Center, located at 1989 Clubhouse Dr., Prescott, Arizona. 1. CALL TO ORDER Mayor Oberg called the meeting to order at 10:00 a.m. c 2. ROLL CALL: g 0 To Present: Absent/Excused: o' Mayor Oberg Councilman Lazzell 0. Mayor Pro Tern Lamerson a Councilman Blair CD Councilwoman Orr Councilman Sischka 0 Councilwoman Wilcox c 3. DISCUSSION ITEMS c 0 A. Strategic Planning Session y In August and September 2016, Council held two strategic planning sessions to create 0 a plan for at least the following twelve months. The goals included: Stabilizing the x General Fund, Economic Development, Quality of Life, and Service-Oriented Culture. c Mayor Oberg introduced Barry Aarons who was the moderator for the session. Council N reviewed the four goals to see if the strategies needed changed, updated or refined. M Goal #1-Stabilizina the General Fund. continually supportina the market c compensation plan, and providina adeauate and stable fundina and flexibility to 0 maintain a balanced budaet as reauired by the Charter. ;; c d Obiectives: r 1. Stabilize General Fund 0 a 2. Retire unfunded liability of by Strategies: General dedicated sales tax State assistance (HB 2512) —Would have excluded contributions to the Pension System from the City, Town or County's Expenditure Limitation. Tactics: Cash, flexible financing, state matching fund, Communications Plan I Packet Pg.8 I I 8.A.a I Tactics: "Bankruptcy not an option", appropriate constituents, message development and employment. 3. Legislative relief(impact fees) and revenue/expense flexibility. Moderator Barry Aarons gave an overview of expectations for the 2018 Legislative session. This is an election year session. The budget is in a little pain with revenues projected to be $35 million cash to carry forward and there is a $25 million short fall Tic which leaves $100 million in structural deficit. Corporate income taxes were well below r expected amounts. There was a 3% growth in the 3rd quarter in the country and Arizona cc is tracking close to the national averages. Sales taxes and user taxes are expected to i be higher over the holidays and could make up for shortfalls in corporate income taxes. ° The Legislature is not panicking yet about what the budget will be. The Governor's c budget is expected to be flat. o. a Q Last year the city participated in the GPLET (Government Property Lease Excise Tax). 01 The GPLET twenty-five year abatement was modified and now has an eight year GPLET. Last year the question of the definition of slum and blithe didn't get resolved. It H is a subject judgment call and hard to define. 2 c One of the issues that will dominate the session is water. Governor Ducey is looking at c potential changes. It might be a good idea to have a discussion at a future study session. Mr. Aarons said he is deeply involved with that and could come back for a d session before the legislative session begins. Exempt wells will also be an issue which >. includes the purchase and sale of access water among the tribes, SRP (Salt River Project), cattle growers and CAP (Central Arizona Project). N 0 Mayor Oberg asked if he sees them continuing to ignore the $43 million for the 6' ti requirement to EORP (Elected Officials Retirement System)? Mr. Aarons said they o won't be able to ignore EORP and it will need to be addressed by the political N 0 subdivisions as a group. How they address them will be a problem. d Mr. Lamar said there is concern about the new legislation for CFD's (Community 15 Facilities Districts) and the new physical make-up of the board. There was contradictory 0 language in the legislation that was passed last year. Mr. Paladini said there are d conflicting legal conclusions whether or not a CFD board with two non-council or does it s have to a stand-alone committee with four citizens. The city and developers don't want 0 the latter. There is some discussion if that needs to be re-opened to clarify who should a be on the board. There is a question if the legislator could ask for an AG opinion. There are a bunch of CFD's on hold because of this issue so clarification is needed. Mr. Lamar said if you add a CFD, you want council input and decision. Mr. Lamar said if the city manager is their employee and administers the CFD, this could be problematic. Mr. Aarons said his guess would be that the board of supervisors actually serves as the board of the special district. He will follow up to find out what the intention is. There are avenues to take when asking the AG for a formal opinion. 2 I Packet Pg.9 I I 8.A.a I Councilwoman Wilcox asked what the process it to bring impact fees back. Mr. Aarons said it is an issue that is always on the list but he hasn't heard the status and will check on it. Pro Tern Lamerson said he has concerns on council oversight. The CFD's are concerning because it gives up council's autonomy in their own district for certain things to happen. Mr. Paladini said the best decision is an "either or type" decision. Staff's perspective is to recommend against using CFD's as a financial tool. Pro Tem Lamerson said Council should have some public oversight on CFD's. N d Objective#1: Stabilizing the General Fund c i Objective #2: Retire unfunded liability based on FY17-18 actuarial assumption in w° years. c a The Issue came up with the unfunded liability due to PSPRS (Public Safety Personnel a Retirement System) and would have impacted the General Fund. Council's objective N co was to get the unfunded liability paid down. There were several stakeholder meeting. The Council voted to add a .75% increase in sales tax to the ballot that was dedicated y only to PSPRS. It would be limited to ten years and then the .75% would go away. The w ballot measure was successful and now Council has addressed working on the E unfunded liability. Is this enough progress made or do is there a need to continue c stabilizing the General Fund? ° y N d Mr. Lamar said it is for a ten year levy and does Council want to have a shorter goal ;, than 10 years. co Councilwoman Orr said when they were out educating people, they talked about retiring co the .75% earlier and as soon as possible. ° ti 0 Councilman Sischka said it is very important to establish accountability with the N 0 electorate and be responsible and pay down PSPRS sooner. el co Pro Tern Lamerson said the .75% is solely dedicated to pay the unfunded liability. He agrees that it needs to be paid down as soon as possible. Mr. Paladini said it is 0 obligated. No action would need to take place by Council. d E Objective #2 A year could be identified in the obligation. This would be a measurable o objective. a Councilman Blair said the sooner it is paid, the more creditability there will be for when this needs to go to the voters again. If Council can commit to so much a year then they could plan a year when it could be paid off. Councilwoman Orr said how about using a retirement date in 2023. 3 I Packet Pg. 10 I I 8.A.a I Councilwoman Wilcox said should the debt be paid down with other monies? She thinks it's a bad idea to commit a dollar amount each year. Councilman Sischka said they can't commit a dollar amount for future councils. Mr. Aarons asked f they want to take a very optimistic view and use the .75% and existing General Fund money or take a very ultra conservative view and pay off by the ten years. Councilman Sischka said they need to maintain trust with the electorate. Let the electorate know and ask them what they want to do and be honest. Paying off in five c years is disingenuous. It is up to each council to decide to keep the trust of the g electorate. w Ts Mayor Oberg said there is a lot of uncertainty in front of them. They may see an a increase in unfunded liability with PSPRS. He thinks trying to set up paying this off a earlier is a little optimistic and they should continue with the original intent and every N CD year the Council can review to see where they are at that time. Pro Tem Lamerson said the .75% is committed. Council can't commit for future r councils. He can't obligate next year's budget. Mr. Aarons said there are three c options: c c 1. Optimistic with a time frame. 2. Very conservative view point not obligating future councils. d 3. Can take middle ground and pay the unfunded liability as expeditiously as practical. >, This will give staff flexibility. r u) Objective #2-Council consensus. 0 Retire PSPRS unfunded liability based on FY17-18 actuarial administrative and financial ° rs assumptions as soon as is possible. o N O Objective #3-Legislative relief(impact fees and revenue/expense flexibility) el d Mr. Lamar asked what kind of help are they going to get from the Legislature with 0 PSPRS. What are they going to do since we did what is needed. Councilman Sischka 9 asked what kind of impact does the legislature have to change the PSPRS situation. Mr. Aarons said it will require all of the municipalities. City of Prescott decided to take g hold of the unfunded liability and tried to solve it themselves. They can work with the o League of Arizona Cities and Towns and get other municipalities involved. This could a be an objective. Councilwoman Wilcox said impact fees need to be addressed and reviewed. Mr. Paladini said it is complicated with impact fees because the statute is complex and no one understands what the statute requires. 4 I Packet Pg. 11 I I 8.A.a I Councilman Blair asked how many cities are chartered. Mr. Paladini said there are about eleven charter cities and all are represented by the AZ League. Mr. Aarons said they need to start talking with other cities. They need to let the legislators know that the impact fees need updated. Strategies: *Make impact fees adjustments (time constraints, operations expenses, simplify process and expand purposes). *Revenue/expense liability. rn d Goals #2 Economic Develoament-Providina an environment to enable arosaerity and job creation by ofeWdina better advantaae of areat services. 0 Drivers: tourism. medical. government. education. arowth. and supply chain industries. c Objectives: 1. Regionalize the airport by building a destination passenger terminal and a other amenities such as a restaurant and conference meeting space, lengthen the N runways, and improve commercial air service. ►° Strategies: Federal assistance (FAA grants) State assistance- Commerce Authority, ADOP c' Create Regional Authority Members of potential authority: g` Yavapai County Prescott Prescott Valley Chino Valley y Dewey-Humboldt Ashfork Seligman Prescott-Yavapai Indian Tribe (federal dollars) ERAU Forest Service (federal dollars) .0 0 15 Other notes: 0 Larger tax base = reduced individual cost Tactics: bonding authority, transportation authority, airport authority Communications plan Tactic: leverage business community to deliver message Salesmanship — public/private partnerships, airport, industrial park Objective #1: Take better advantage of community assets. *Strategy: Generate revenue. 5 I Packet Pg. 12 I 8.A.a *Strategy: Explore strategies for technical trade, vocational, and other opportunities. Objective #2: Explore Regionalization of the airport (make determination of next steps by end of FY19). Mr. Paladini said they could work with legislators to create an enabling act for rural airport authorities. Mr. Aarons said all political subdivisions need to be included. Mr. Lamar said a great objective would be to regionalize the airport. Councilman Sischka agreed an objective could be regionalizing the airport. Another objective could be to add a passenger terminal and take regionalization away from the terminal. Councilwoman Wilcox said she agrees it is important to have a better improved airport. Mr. Aarons said a strategy they could have is to hold a regional airport summit with stakeholders. In the past, the summits have been well attended in the various parts of c the state. If the city finds out that they need to go it alone, then it might have to go to c. the voters. He doubts that the Legislature will pass a taxing district. He suggested a having a multi-district inclusion and agreed that they want to be in it. He wasn't sure that property tax could be raised to build a terminal and nor does he think the city would want to do it. 01 *Strategy: Convening a greater Yavapai airport authority summit for potential stakeholder on this concept. *Strategy: Federal Assistance (FAA), state assistance (Commerce, Authority, ADOT) It would be important to call the stakeholders in advance and ask them what they think of the idea and then get them all in one place. co co Councilman Sischka said he would like to explore regionalization of the airport by the end of FY2019. This doesn't limit us to regionalizing the airport. Mr. Aarons suggested having the summit by the end of FY2019. Objective #3: Build a destination passenger airport terminal and other amenities such c as a restaurant, conference meeting space, and lengthening the runway. 0 Councilman Blair said the city is missing the area of the trades and they need to be added especially with the universities and creating programs that are missing. This will help keep dollars in the community. All jobs are important: high end, medium and low end. a Objective #4: Secure a reliable commercial central air service. *Strategy: Move to regional/commercial jet service. 6 I Packet Pg. 13 I I 8.A.a I Goal #3 Quality of Life-A clean and safe city that provides superior essential services and enhances opportunities that allow for retention and attraction of people who want to live, learn, work, and play in Prescott. Objective 1: Natural Resource Preservation and Conservation — Engage in cooperative efforts with political entities, subdivisions, and private property owners to work to assure the preservation and conservation of our natural resources. Strategies: Acquisition under plan/public ownership. Conservation easements (hiking/biking) a Clean water bodies Fire-wise communities Forest health "a Other notes: accessible; preserve open space c Objective 2: Highly-Rated City Services— see options below.* a N CO Objective 3: Cultural and Recreational Experiences— To facilitate intergovernmental agreements and public-private partnerships to provide opportunities for cultural and recreational experiences. *Options on definition of"Highly-Rated City Services". 1. Perceived as and are (measurably) delivering efficient and effective services including, but not limited to, transportation with improved flow, well-maintained streets, public safety, code enforcement, water and wastewater services. things a (Council removed "among other things" from the statement) No other changes are needed. Goal #4 Service Oriented Culture-Promote an accountable organizational culture of excellent/superior/solutions-driven service. .0 7.5 Obiective 1: Measurably promote excellent service delivery based on trustworthy, 0 timely, problem-solving, engaging, valuable, accessible, actionable, fair, consistent, and common-sense service as permitted by existing resources and by effective use of those resources Other notes: Culture of enforcement changed to culture of service (attitude). a Objective 2: Promote continuous process improvement which fosters better processes and procedures to improve customer service and provide quality services at the lowest possible cost to taxpayers. Strategy: Include employee's contribution to improved service levels on employee evaluations. 7 Packet Pg.14 I I8.A.a I An effective communications plan will be incorporated as a tactic for each of the goals, objectives, and strategies. Councilman Blair asked to share this information with employees. Mr. Lamar said every employee has had customer service training. The city continually works on customer service. He would like to add more performance measures department wide. The strategy is to have customer service surveys at every level. Councilmember Orr said the customer service has improved over the past year. It is very important to be aware of customer service. Pro Tern Lamerson said Prescott is a nice community and this can't be done without w 0 Council, employees, and citizens. Staff does their jobs well. c a Mayor Oberg said there has been a major evaluation of one of the largest departments a in the city to look at process improvements. It was important to invite an outside N company to evaluate areas of improvement. Customer service training is important and the city is moving in the right direction. It is important to continue with a strategy of shared vision culture among employees at all levels and all departments. Strategy-Foster culture that encourages employee morale. 0 Councilwoman Wilcox said the city needs to continue with maintaining the commitment d CO to the classification and compensation study. -0 4. ADJOURNMENT in There being no further business to discuss, Mayor Oberg adjourned the Study Session at 12:20 p.m. N O M I- d Harry B. Oberg, Mayor 0 ATTEST: r Maureen Scott, City Clerk 8 I Packet Pg. 15 I I 8.A.a I CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Study Session of the City Council of the City of Prescott, Arizona held on the 30th day of October 2017. I further certify the meeting was duly called and held and that a quorum was present. Dated this day of , 2017. N d 7 C_ O 76 AFFIX > CITY SEAL a a Q N Maureen Scott, City Clerk ti U, d 7 C i C O y U, a, Cl) .a 2. co co C F- O N O M I- a, 0 r.. v 0 C d E v CS Q 9 I Packet Pg. 16 I I 8.A.b CITYOF PRESCOTT CITY COUNCIL MEETING • Ever •u! 1 Z O M • STUDY SESSION MEETING MINUTES TUESDAY, OCTOBER 31, 2017, 1:00 PM Council Chambers, 201 South Cortez Street Prescott AZ 86303 (928) 777-1100 Harry Oberg, Mayor Jim Lamerson, Mayor Pro Tern Billie Orr, Councilwoman 2 Steve Blair, Councilman Steve Sischka, Councilman Greg Lazzell, Councilman Jean Wilcox, Councilwoman MINUTES OF THE STUDY SESSION MEETING OF THE PRESCOTT CITY COUNCIL HELD ON c OCTOBER 31, 2017, in the COUNCIL CHAMBERS located at 201 SOUTH CORTEZ STREET, , Prescott, Arizona. a Q N CD 1. CALL TO ORDER Mayor Oberg called the meeting or order at 1:00 p.m. 2. ROLL CALL C Harry Oberg Mayor 0 Jim Lamerson Mayor Pro Tern Steve Blair Councilman Greg Lazzell Councilman Billie Orr Councilwoman Steve Sischka Councilman Jean Wilcox Councilwoman .. 3. DISCUSSION Deep Well Ranch Rezoning, Master Plan and Airport Specific Areas Plan Item Summary Mayor Oberg announced the first study session of the Deep Well Ranch master plan for the City of Prescott. The study session includes a complex development plan proposed by Ron James with 1,800 acres on the Deep Well Ranch property which was previously annexed into the City of Prescott on October 2015. The 1,800 acres is part of the 18,000 acres on Deep Well Ranch in total. Workshops Sessions by the City Council are for fact finding and providing information for the members of the Council of critical issues facing the city and residents of Prescott. Public comment is sought to further inform the Council of the public view on matters being discussed. Mayor Oberg stated the master plan envisions a planned community which is viewed by city staff as an improvement over a more sequentially developed property that can result in less desirable integration between units upon final build out. This plan proposes Generated 11/17/2017 11:33 AM I Packet Pg. 17 I I 8.A.b I Prescott City Council Study Session Meeting — 10/31/2017 Page 2 an urban center in north Prescott near the airport which contemplates an additional 10,500 residential units and associated commercial centers being built over the next 30- 50 years. On the property rights provided by the U.S. Constitution, the property owner has the right to bring forth the development of his or her property for city consideration. Equally important is the city's obligation to be guardians of the public trust and to ensure property development plans and agreements are consistent with city codes and ordinances along with a general plan which was approved by city voters in August of 2015. Development of The Deep Well property and master plan was submitted to the city, June 2017 and has been reviewed by city staff for many hundreds of hours. In addition, Prescott's Planning and Zoning Commission (P&Z) has conducted seven d meetings evaluating the master plan and zoning request. After considerable discussion, the P & Z Commission voted 4 to 3 to recommend approval for the plan and city Council's review and action. In it's recommendation the P & Z Commission provided 21 0 points for consideration to be addressed before approving the master plan and subsequent development agreement with the city. ° a a a The Deep Well Ranch master plan has generated considerable public comment that N has been mostly and exclusively negative. Residents have expressed concerns relating ;° to the availability of water, possible impact on airport operations, the level of increased activity of highway 89, 89A and Willow Creek Road and significant possible changes on r Prescott and its culture. Mayor Oberg shared that with the P & Z Commission c considerations and public comments, the Council should properly evaluate the i previously stated concerns. This study session is the first to begin this process. `o_ N Councilman Lazzell inquired with regard to timeline and if the time frames should in proceed under the current city Council. Mayor Oberg shared the evaluation could be 3 processed rather quickly however, there is no indicator to determine whether or not a u) decision could occur with the current Council or the new Council. Councilman Lazzell = co expressed concerns if the time frames moved beyond into the new Council, it would c` necessitate a repeat of discussions in its entirety. 0 N Michael Lamar, City Manager, discussed the existing overview of the master plan and M breakdown of the P & Z Commission's review and discussion along with their approval 0 and 21 conditions. A brief review of the water allocations, discussions about the S applicants and if a second workshop is necessary to discuss topics such as the general 0 engineering standards, the airport and the development agreement. Due to the c upcoming elections, Mr. Lamar suggested an invite to the Council elect to participate in E the dialogue of the project. a Existing Zoning for Deep Well Ranch a Planning Manager George Worley presented on the P & Z Commission meetings of the master plan. It is considered to be a very complex master plan. Most master plans focus on land uses and particular areas to move things back and forth. This plan contains whole sections of development details that are not in a master plan. Council Member Sischka asked if it were necessarily bad. Mr. Worley stated no, the reason pertains more to the depth of the complexity with regard to land uses and locations. It requires I Packet Pg. 18 I I 8.A.b I Prescott City Council Study Session Meeting — 10/31/2017 Page 3 more efforts on the planning side of Public Works and the development side of the Public Engineering department which would entail two separate codes for verification purposes. With regard to the location, the area is in a prime location for development. It is rather large with multiple roadways, the airport is in its immediate vicinity and was annexed into the city in 2013. Pro Tem Lamerson requested clarification that before the area was annexed four years ago, it had been contemplated around 2003 and 2004 in the General Plan and again in 2010. Mr. Worley concurred that the development was desired in 2003. The existing zoning for the Deep Well Ranch was presented. The current zoning on the property includes a mix of single family, multi-family, several different commercial designations and a large section which is industrial currently. d Deep Well Ranch and Current Zoning Density E 0 Mr. Worley presented on the Deep Well Ranch's current zoning density which includes To industrial light and development, business regional use, multi-family residential units 0 and single-family units and mixed used which is light commercial use. The commercial 0 areas provide opportunities which brings tax dollars. The designation has been N determined via mapping but no development has occurred. Pro Tern Lamerson inquired ;° what the contemplated population was in the last General Plan build out. Mr. Worley indicated it could vary due to unpredictability but the last numbers were estimated at 2 60,000 however, considerations need to factor in water and long term development. 0 Potential development densities could entail 15,069 dwelling units. Pro Tem Lamerson i stated that the water needs will depend on population. `0_ y y Master Plan Area Map un -0 Mayor Oberg requested that the master plan and the subsequent agreement be v, discussed as there are variations that need to be determined with regard to = development. Councilman Sischka shared that varying from the standards we have c` now, is not a bad thing. Mr. Worley said it is not bad, it is complex. Councilman Blair commented within the master plan, there are subsections to the master plan that are N always eligible to change. Prescott Lakes was used as an example in which the master M plan was changed numerous times. According to Mr. Worley, amendments to the w master plan are inevitable and have to go back to P & Z Commission and Council for 2 approval. People want to be assured of that the master plan is not set in stone and can o be changed. Mr. Worley agreed, some of the policies may be amended and modified. E' Councilwoman Wilcox inquired as to who would make decisions on the changes in the E master plan and if delegated administrators have autonomy to make changes without 0 public input or public hearing and had it been negotiated. The importance of a transparency was expressed. Mr. Worley acknowledged that modifications would entail decisions on a Council level and staff level of the master plan. Mayor Oberg asked what type of information is available to the public. Mr. Worley shared that access on the city's website is available to the public. Mr. Worley stated there are provisions that either party can propose modifications. Amendments occur quite a bit and is common. The property owners want certainty of standards and not constant change such as updating the city code, lock down the codes as they are today. I Packet Pg. 19 I 8.A.b Prescott City Council Study Session Meeting— 10/31/2017 Page 4 Subdivisions can be locked down and maintain the same standards. Councilwoman Orr questioned if dark skies were affected. Mr. Worley indicated that it affectively complies with Prescott's requirements. Councilman Sischka suggested that it would be important to consider the market and address preferences such as dark skies to identify who would move here. Councilman Blair discussed Prescott Lakes as a master plan, and it had a sheet flow which builds an infrastructure and how it handles the water and drainage. He hopes that the lot drainage is taken into consideration and should be in the plan. Mr. Worley explained that there are a different set of standards and requirements that d apply to using the property for commercial, residential or civic and creates mixed use. Not everyone is going to use traditional zoning. The layers allow certain uses and has specific development standards. Pro Tern Lamerson inquired what happens if something is changed or they want to go backwards. Mr. Worley said in the future, it 471 goes back to land use groups and see what is allowed through the layers and it is a a one-time zoning of the property. The Council would still have to work within the master plan land use budget. If the budget goes over the amount, then it would be a master plan amendment. Pro Tern Lamerson shared concerns with regard to build out, including water and long range planning. Councilwoman Wilcox stated that a commercial center development in this area is critical. Councilman Sischka asked how can we mandate a minimum of commercial space if the market doesn't want it. Mr. Worley stated that a minimum number would sit in the budget until the market demanded it. cn Councilman Blair stated that a plan has to be well designed before dictating a commercial area and would like to make sure conversations take place about fire, police, cemeteries and everything is covered. Councilman Lazzell would like to move co away from substation and fire stations because it is a one time cost however, manning operational costs in the project through the developers. With these stations and the growth of Prescott, can we legally use for example, home owner associations fees to go N toward public safety. Mr. Paladini said the development could pay for the operational cost to public safety and it would need to allocate it out for this project. However, the service area would be broader. You can't do it with a Community Facilities District (CFD) or development impact fees. Mayor Oberg asked for clarification on the existing 0 zoning and a land use group. Mr. Lamar asked if the existing zoning is what the Council wants or to utilize the master plan. Mr. Paladini identified that in most cities are E exclusive ours is inclusive zoning. The only way to manage is by a development agreement or the master plan, with regard to commercial use, you can build commercial use but you cannot force them to be occupied and there are challenges to agreement versus occupancy. Councilwoman Orr stated that Planning and Zoning Commissioner Mabarak mentioned that you can't make retail come. Mr. Worley stated the benefits of a master plan are very strong over traditional zoning. Master plans offer more flexibility. Mr. Lamar asked under the existing zoning is there any negotiation for civic uses. Mr. Worley stated not at this time. Recommended P & Z Commission Conditions I Packet Pg.20 I 8.A.b I Prescott City Council Study Session Meeting — 10/31/2017 Page 5 The Planning & Zoning Commission held seven planning meetings that went 3-3 1/2 hours. The P & Z Commission had 21 conditions. Some of the conditions were the result of the P & Z Commission and the results caused some modifications to comply with recommendations. The Council can choose to consider, accept or throw out any of the of the conditions. 1. The Planning & Zoning Commission recommends to the city Council that they negotiate a reduction of 50% of the number of the dwelling units, overall density and commercial square footage, all of which we feel to be excessive. d r S c 2. The master plan shall comply with the City Land Development Code (LDC) within the g Specially Planned Community (SPC) zoning as approved with amendments. Any major 0 variation to this shall be spelled out in the Development Agreement with the city To Council. The master plan shall also comply with all aspects of the General Plan. 0. 0. a 3. All city rules, regulations, policies and codes shall apply to the master plan unless N specifically waived or allowed to be amended in the development agreement with the ;° City Council. None will automatically supersede. 0 2. 4. The Public Works Department will provide a comprehensive report, including traffic 0 and circulation, to the Planning Staff and City Council to include their appraisal of the g master plan and any recommendation or conditions of approval including engineering o`_ standards. 0 0) 5. The Airport authority, with input from Airport stakeholders, shall provide a 0 comprehensive report relating to the potential impact of the master plan on the Airport. in 0 6. Site plan review by the Planning and Zoning Commission shall be required for all o individuals commercial and multi-family projects. o N 7. All city, county and state subdivision approval rules, procedures and submissions M shall apply. w 0 r. 8. The current General Plan calls for only commercial and open space in the Airport's o Zone 3. Therefore, there should be no separate residential. Mixed use projects may be c allowed with a Site Plan review. E t) 9. A maximum building height shall be 50' or less as noted in Exhibit 6.26 of the master a plan. Only Land Use Group (LUG)-GU (General Urban) shall have the option of a Special Use Permit (SUP) approval of additional height, within FAA allowances applied at the time of the Site Plan review. 10. A landscape buffer of 100' minimum shall be provided along Pioneer Parkway and any proposed development. It shall be landscaped, irrigated and maintained by the Developer(s). I Packet Pg.21 I I 8.A.b I Prescott City Council Study Session Meeting — 10/31/2017 Page 6 11. All street landscaping to be maintained by the Developer(s), including recreation, park areas and street dividers and islands. Park and open recreation areas shall be open to the public. 12. Cell towers and utility sites shall be handled through the existing Special Use Permit (SUP) process for cell tower approval. 13. Trail systems throughout the various LUGs shall be designed for connectivity with new and existing trails. Trail construction and maintenance shall be the responsibility of the master plan Administrator/Developer(s). 14. All existing city parking standards shall apply, per the LDC. 15. A plant pallet or list similar to the city recommended list and Arizona Department of To Water Resources (ADWR), shall be included in the master plan for common use. ° 16. Water saving methods in irrigation and water feature shall be utilized throughout all N LUG's. Landscaping shall meet all requirements of the Prescott Active Management ;' Area. N a, 17. All areas of the master plan shall follow the city's rules for night sky protections regarding lighting restrictions. A comprehensive lighting plan may be considered for lighting alternatives. o_ 18. Wildlife movement shall be accommodated as much as possible in the master plan and individual LUGs and every effort is to be made to coordinate with ADOT for access. 19. The master plan shall take future transit systems development into consideration and provide a street network along arterial and district corridors that can support transit c` bus use for vehicles of up to 40 feet in length. These would include options for bus pull- outs appropriately sized intersections with adequate turning radii and good sight lines, N and park and ride facilities which might support bus transfers at some future time. L. 20. Residential protection standards per Section 6.13 of the Land Development Code 0 shall be included. 0 21. Open Space designated areas shall not permit habitable buildings per Prescott General Plan and LDC definitions, including 50% Open Space and 50% Civic Space. Call to the Public Mayor Oberg suggested an opportunity for the public to speak. Mayor Oberg asked members of the public to try to refrain from water and density with traffic discussions at this point because it still needs to be briefed and would be premature to conduct discussion on these matters at this point. I Packet Pg.22 I I 8.A.b I Prescott City Council Study Session Meeting — 10/31/2017 Page 7 Bill Gauslow, citizen, suggested to create a hybrid city of Deep Well Ranch. Mr. Gauslow is not in favor or opposed. It was suggested that a stand alone town be created with regard to electric and stand alone water. Mr. Gauslow demonstrated the costs associated with the cost of a hybrid city at $33 million. Chuck Queen, citizen, spoke on the regulations and how it would operate. Mr. Queen quoted excerpts from the October 2, 2017 Master Plan and expressed concerns with regard to general development standards and guidelines and who has authority to make changes without regard to public or Council's input. Moreover, there were concerns related to the master plan administrator having soles rights to make decisions and determines what will be built. Mr. Queen asked if the public will have time to review and comment on the development agreement. Mr. Paladini stated everything will be shared with the public before any agreement be accepted and there will be a review time on the 0 development agreement. Will the public be able to comment on the development To agreement? Mr. Paladini stated that everything would be done publicly. a a Anna Perez, citizen, from Prescott Valley, discussed the density of the 25,600 acres N Deep Well Ranch and questioned the level of decision making of the Council or the ;° administrator. Ms. Perez also requested that the developers be more public friendly and asked for more transparency to be more favorable of the project. Sal Lutey, fifty year citizen, gave a history of Deep Well Ranch. 0 Ralph Petrich, representing James Foundation, discussed the unique land opportunities for the James Ranch and portions of the 1,800 acres which one owner is willing to come N to the table and complete a master plan. The James Ranch has 18,000 acres and will 0 remain an operating ranch minus the 1,800 acres and inquired about the density. rn Ralph Hess, citizen, said in view of the number of citizens who are interested in this issue, has the Council considered negotiating the best legal alternative to a master plan and referring to citizens as a ballot proposition referring to Chapter 10 of the city Charter so that all members of the public can have a voice and vote to approve the master plan. 0 Mr. Paladini informed the Council that zoning by initiative is illegal in the State of o Arizona. Zoning is a legislative act which is referable. If the Council were to approve a rezoning, the rezoning doesn't take affect for thirty days but the Council would have to act on it as an initiative to the voters. Ken Mabarak, Prescott Planning & Zoning Commissioner shared that reviews have been a very detailed process and complex issue and cautioned the Council to look at other factors aside from density. The density is one issue and there is more to this than density. Mr. Mabarak gave thanks for cooperative measures being taken and thanked the Council for their efforts. Mayor Oberg suggested another meeting be scheduled to address airport and water. Mr. Lamar inquired if the current Council body wanted to continue to work on the I Packet Pg.23 I I 8.A.b I Prescott City Council Study Session Meeting — 10/31/2017 Page 8 project. Mayor Oberg and Council members shared an expressed interest to continue the subject matter. Mayor Oberg announced a continued discussion on the matter for November 7th have a study session from 1:00 p.m. to 3:00 p.m. 4. ADJOURNMENT There being no further business to discuss, the Study Session adjourned at 3:11 p.m. N d r.. HARRY OBERG, Mayor cc E 0 �a > ATTEST: 0. a a N MAUREEN SCOTT, City Clerk N C, a+ 7 C i C CERTIFICATION g 0 N 0 I hereby certify that the foregoing minutes are a true and correct copy of the minutes of >. the Study Session Meeting of the City Council of the City of Prescott, Arizona held on the 31st day of October, 2017. I further certify the meeting was duly called and held co and that a quorum was present. co c Dated this day of , 2017. o N ,- AFFIX M i. CITY SEAL .0 0 15 MAUREEN SCOTT, City Clerk 0 c d E as r a I Packet Pg.24 8.A.c I CITYoF PRESCOTT CITY COUNCIL MEETING /' /' ARIZOMA Ej.' r#' yJ/ .rt.G�o'�it/� STUDY SESSION MEETING MINUTES TUESDAY, NOVEMBER 7, 2017, 1:00 PM Council Chambers, 201 South Cortez Street Prescott AZ 86303 (928) 777-1100 Harry Oberg, Mayor Jim Lamerson, Mayor Pro Tern Billie Orr, Councilwoman Steve Blair, Councilman Steve Sischka, Councilman Greg Lazzell, Councilman Jean Wilcox, Councilwoman o MINUTES OF THE STUDY SESSION MEETING OF THE PRESCOTT CITY COUNCIL HELD ON c NOVEMBER 7, 2017, in the COUNCIL CHAMBERS located at 201 SOUTH CORTEZ STREET, a Prescott, Arizona. a N CD 1. CALL TO ORDER Mayor Oberg called the meeting to order at 1:04 p.m. 2. ROLL CALL 0 Harry Oberg Mayor Jim Lamerson Mayor Pro Tern CD, Steve Blair CouncilmanID Greg Lazzell Councilman n Billie Orr Councilwoman Steve Sischka Councilman Jean Wilcox Councilwoman 0 3. DISCUSSION A. Deep Well Ranch Rezoning, Master Plan and Airport Specific Area Plan text amendment. 0 Councilwoman Jean Wilcox led the Pledge of Allegiance. Deep Well Ranch Rezoning, Master Plan and Airport Specific Area Plan text amendment 0 r Mayor Oberg determined that the Study Session would include roughly an hour and one half of general discussion and thirty minutes for public discussion. Mayor Oberg asked City Attorney Jon Paladini to share the legal responsibilities of the City Council as many people have been writing and asking the Council to vote no on the project. Mr. Paladini showed the existing zoning of the property. The property owner has a vested right to develop this property. The property owner can thus develop multi- Generated 11/17/2017 9:05 AM I Packet Pg.25 I 8.A.c Prescott City Council Study Session Meeting — 11/07/2017 Page 2 family, mixed use, single-family, business regional and light industrial. Planning Manager George Worley stated that Prescott zoning is considered inclusive zoning meaning what you can do could include the aforementioned development options. The current existing zoning would allow for nearly 16,000 housing units. The proposal would allow for 10,500 units. Pro Tern Lamerson stated that the applicant is requesting a rezoning to ask for fewer housing units and inquired as to why a General Plan amendment would be needed for this proposal. Mr. Worley said the General Plan isn't intended for zoning. The Deep Well Ranch is in conformance with the General Plan. Councilwoman Wilcox stated location is a very important factor. Mr. Worley stated the primary purpose of the industrial zoning is to keep residential away from the runway. 0 Councilman Sischka mentioned the discussion referring to high density multi use land. c However, the General Plan suggests low density which it appears many people would 0. prefer. Councilman Sischka recited a section relating to low density pertaining to the a General Plan. ;; Co ti Mayor Oberg asked for citizen comment related to legal questions and responsibilities for Mr. Paladini. Chuck Queen, citizen, said his main concern is understanding how the master plan would operate if it were to be accepted in its current state. Mr. Paladini clarified the g language of development agreement is not ready to be discussed at this point. Clarifications were made toward the master plan and the development agreement will cn propose certain amendments and modifications to city rules and regulations. In the case to which the Council agrees to therein, it would supercede the city rule. Many of the modifications or amendments are intended to be related to innocuous matters. All city rules and regulations would govern if matters are not specifically listed in the master 0 plan. Mr. Queen recommended the language be cleaned up in the plan. Mr. Paladini agreed. d City Manager Michael Lamar provided information related to Public Works as there were a list of ninety areas regarding parameters and margin. Mr. Lamar also said that decisions are up to the Council with regard to the master plan superceding authority. ° The Council needs to be 100% comfortable with the master plan as it is the Council's ultimate decision. Mr. Worley discussed the planning commission review and how private and public a planners prefer a master plan approach over the standard zoning. Master plans add great flexibility for land use groups that may not be allowed under current zoning. Master reports which sets the framework of the development are currently in negotiation. A presentation of the master plan versus existing zoning was provided. Councilwoman Orr thanked Mr. Worley for highlighting the value of the master plan over traditional zoning. I Packet Pg.26 I 8.A.c I Prescott City Council Study Session Meeting — 11/07/2017 Page 3 Mr. Lamar highlighted the data with regard to pre planning commission consideration and post planning commission consideration. Mayor Oberg shared that considerations have been taken with regard to public input pertaining to water, traffic, growth, density, airport, infrastructure, development, master plan, open space and zoning. Mr. Worley discussed the review and actions of the planning commission deliberations which resulted in a four to three vote with 21 conditions. As a result of the on-going negotiations between the City and Deep Well Ranch planners, many of the conditions have been addressed or will be addressed in the Development Agreement. All 21 conditions were discussed with regard to the status and development of each condition. r Mr. Worley also shared that planners and the Public Works Department continue to c discuss and propose modifications with development standards. Councilman Lazzell asked if they will still follow the city's road and sewer standards? Mr. Lamar stated yes. To Leslie Graser, Water Resources Manager, reviewed city and State of Arizona approved a water portfolio and specifically as it relates to the Deep Well Ranch reservation which a has already been accounted for. Ms. Graser discussed the water transmission line �;; easement, pre-annexations and water settlement agreement, water settlement i° quantities and unit allocations. The city's assured water supply report determined the available water for Deep Well Ranch water through the city's water portfolio. Alternative 2 water is the portion of the city's portfolio that contains the renewable supplies of c recharged and recovered surface water and reclaimed water. These quantities are separate and distinct from the groundwater category of the City of Prescott's assured `g water supply. The accounting of the city's water resources were discussed along with d reserves and availability. The Council and members of the public were encouraged to co view the City of Prescott Water Management water resources online. Mr. Paladini ; shared with regard to the water reservation increments one and two's water allotment n are legally binding contractual obligations of the city meaning it cannot be taken away 0 and would result in a lawsuit. Councilwoman Wilcox asked when the Big Chino pipeline c will be built. Ms. Graser stated an estimated three years. o N Councilwoman Wilcox inquired the cost of the pipeline and if an estimate was available d at this point. Ms. Graser acknowledged that an estimate is not readily available. E Councilwoman Wilcox shared concerns on approving a master plan which is contingent ; upon the building of the Big Chino Pipeline as the voters would have to approve an z° excess of 40 million dollars under the city's charter and voters may not be compelled to c do it. She finds it difficult to approve a master plan when there isn't a date when Big E Chino water will be available. Ms. Graser said the water is available. Mayor Pro Tern 0 Lamerson said that Prescott has sole discretion of the Big Chino which is estimated at a 3,600 acre feet and acknowledge a resolution with Prescott Valley will be used for mitigation. Councilwoman Orr shared that water is not only about growth but sustainability for Prescott's future. Mr. Paladini cautioned when talking about Big Chino, we need to limit the discussion as it relates to Deep Well Ranch. Mayor Oberg inquired as to added wells. Ms. Graser said yes, the wells were added. Jessie Baker, Assistant Airport Manager, presented information related to the airport. It was identified that the Deep Well Ranch fully meets all Federal Aviation Administration I Packet Pg.27 I 8.A.c I Prescott City Council Study Session Meeting — 11/07/2017 Page 4 (FAA) requirements such as runway protection zones and protection of the airport. The noise contours and avigation easements and further protections when you put residential near an airport would have a long term impact on airport funds and its employees. Mayor Oberg asked if they are looking at contouring lines based on the old master plan. Ms. Baker said that it is based on the old airport master plans as the new master plans have not be updated at this time. However, cautions have been taken into consideration and conservative routes have been taken with regard to the data analysis. It was further determined that knowledge of the contour lines will be identified in the first quarter of next year once approved by the FAA. There are concerns with regard to the land compatibility grant assurance with regard to zoning and land compatibility. Impact a zones 1, 2 and 3 and encroachment were identified. Regardless of the outcome of the Deep Well Ranch there will be an increase to the airport fund due to residential being close to the airport which will result in more noise complaints and investigations, low flying aircraft calls which may impact the fund toward the airport and its employees as c the grant provides no money for noise attenuation. Ms. Baker summarized that it was a better option for the airport to accept the master plan based on current zoning and what a is being proposed. In addition, the possibility for near open space is better than the possibility of industrial use which could pose a safety risk to pilots, residents and .° businesses. G1 Daniel Mattson, citizen, wanted to point out that when the General Plan committee was discussing future development, the Deep Well Ranch area would be ideal for future growth and best fit for the city. If we didn't have the master plan we would be worse off. o_ The details still need to be worked out. He acknowledged the James family and their contributions to the city. He suggested not allowing anything that would limit the growth cn of the airport. ; Patti Shaffer, citizen, discussed global warming, climate change, polarization, the planetary boundary theory and water sheds. Ms. Shaffer suggested to keep half the water in the water shed if you want to pass on a resilient future. N Joe Gardner, citizen, has been designing multi-family plans for Prescott and other cities. Mr. Gardner identified there are restrictions which limit the zoning ordinance. Factoring in a 227 acres of high density residential, it creates limitations. Mr. Gardner believes the commercial area is overdone. He hopes the Council will listen to the people of ° Prescott as the density is not appropriate for Prescott. d E Ted Wickstrom, citizen, has been flying out of Prescott Airport for 20 years and represents the Prescott Airport Users Association. Mr. Wickstrom shared that the Deep a Well Ranch project zone 3 is adjacent to the sixth busiest runway in Arizona. In the last 20 years there has been 86 accidents at the Prescott Airport. Three of these accidents occurred in zone 3. The recommendation of the Airport Users Association is that the open space be preserved in the development agreement perpetuity otherwise more accidents will occur. Bill Feldmeier, citizen, said there is good planning and bad planning. He said master planning is the way to go and supports it. This is a real opportunity for Prescott. It I Packet Pg.28 I 8.A.c I Prescott City Council Study Session Meeting — 11/07/2017 Page 5 should not be feared but rather embraced. Mr. Feldmeier supports the master plan and encourages the Council to move it forward. Larry Meads, citizen, asked if this plan calls for water efficient housing units and how is it enforced? If this project gets the allocation as projected, it doesn't look like there will be water if the Big Chino will be installed. Ms. Graser explained the water portfolio has a limited supply in the general pool due water placement in existing contracts. This would entail further discussions and housing studies and look back to the general pool to consider. Tom Reilly, citizen, said the water portfolios have gotten better. The opportunity to plan is unprecedented. The future is what you need to look at and the opportunity to plan that land is phenomenal. Mr. Lamar asked the Council if they wanted to continue with the Deep Well Ranch Q. project and development agreement. Councilwoman Orr asked to plug along with a discussions and perhaps speed it up. Mayor Oberg identified the need to get through traffic and the development agreement. Mr. Paladini said the development agreement won't be ready for the November 14th Voting Meeting and suggested perhaps a study cic session. It was agreed that a study session occur on November 14th at 1:00 p.m. 4. ADJOURNMENT There being no further business to discuss, the Voting Meeting adjourned at 3:00 g p.m. U) HARRY OBERG, Mayor to ATTEST: �= d MAUREEN SCOTT, City Clerk o z c a, E u CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Study Session Meeting of the City Council of the City of Prescott, Arizona held on the 7th day of November, 2017. I further certify the meeting was duly called and held and that a quorum was present. Dated this day of , 2017. I Packet Pg.29 I 8.A.c I Prescott City Council Study Session Meeting — 11/07/2017 Page 6 AFFIX CITY SEAL MAUREEN SCOTT, City Clerk y O 7 C_ w O To > O a a Q N co h d 4- 7 C i C O N U) d Cl) .a 3 r+ N co a ti T 0 N L. d E d > O z C d E 13 r Q I Packet Pg.30 I c'rTYor PRESCOTT COUNCIL AGENDA MEMO MEETING DATE/TYPE: VOTING MEETING 11-28-17 DEPARTMENT: Public Works AGENDA ITEM: Approve purchase of a water easement from Yavapai-Prescott Indian Tribe, in the amount of $51,416.63, for the Zone 56/76 pump station upgrade project. Funding is available in the Water Fund. FUNDING SOURCE: Water Fund Approved By: Michael Lamar, City Manager Item Summary Approval of this purchase will acquire a water easement necessary for the Zone 56/76 pump station upgrade project. Upon approval of this purchase and associated easement documents, the necessary easement will have been acquired, for this project. Background The Zone 56/76 Pump Station Upgrade Project will replace two existing pump stations at the corner of Heather Heights and State Route 69. The pump stations being replaced feed the water areas known as Zone 56 (SR 69 corridor/Prescott Canyon Estates) and Zone 76 (Prescott Resort). Replacement of the pump stations will address deficient production capabilities as identified in the water model. Per the water model, the upgraded pump stations will provide required pressures, residential/commercial fire flows to the two zones, and will enhance water movement to the other surrounding water system zones. The project design was paused in 2009, and has been on hold awaiting required easements from the Yavapai-Prescott Indian Tribe, which has since been resolved. Approval of this water easement and construction of the Zone 56/76 pump station upgrade will meet the requirements detailed in the Water Infrastructure Settlement Agreement (City Contract No. 2017-255). The total estimated project cost for the Zone 56/76 pump station upgrade is $2,889,000.00. Financial Impact I Packet Pg.31 I 8.8 I AGENDA ITEM: Approve purchase of a water easement from Yavapai-Prescott Indian Tribe, in the amount of $51,416.63, for the Zone 56/76 pump station upgrade project. Funding is available in the Water Fund. The price for this easement was established in the Water Infrastructure Settlement Agreement (City Contract No. 2017-255) at $4.875 per square foot. Funds for the easement acquisition are available from the water fund. The total amount required for the acquisition is $51,416.63. Attachments 1. Exhibit A Legal Description 2. Project Vicinity Map Recommended Action: MOVE to approve the purchase of a Water Easement from Yavapai-Prescott Indian Tribe in the amount of$51,416.63. 2 I Packet Pg.32 I I 8.B.a I EXHIBIT A r That portion of the YAVAPAI INDIAN RESERVATION, being a portion of the WHIPPLE E' BARRACKS MILITARY RESERVATION situated in Township 14 North, Range 2 West of the Gila d and Salt River Meridian, Arizona, described as follows: ro w COMMENCING at Corner Number 4 of said WHIPPLE BARRACKS MILITARY RESERVATION `o_ marked with a found 3-1/2 inch G.L.O. brass cap (from which, Corner Number 1 of said v WHIPPLE BARRACKS MILITARY RESERVATION, marked with a found 3-1/2 inch G.L.O. brass xn cap, bears North 89°41'58"West, along the Basis of Bearing, a distance of 10,372.90 feet); a. thence North 89°41'58" West, along the south line of said WHIPPLE BARRACKS MILITARY C RESERVATION, a distance of 7,464.20 feet to a point, from which a found 2-1/2 inch brass cap, x�o no markings, bears South 06°21'35"West a distance of 0.28 feet; c 0 thence North 06°21'35" East a distance of 838.55 feet to a point on the south line of STATE ^! ROUTE 69 according to Arizona Department of Transportation Drawing Number D-13-T-460, el Project F-029-1-709, marked with a set MAG nail and brass tag "LS48100"; thence North 06°21'35" East a distance of 223.51 feet to a point on the north line of said STATE `0_ ROUTE 69, marked with a 2-1/2 inch brass cap, no markings; a. thence North 73°31'12" East a distance of 262.02 feet to the TRUE POINT OF BEGINNING; c To thence North 03°35'18"West a distance of 71.50 feet to a point; d J thence North 41°24'42" East a distance of 99.80 feet to a point; r .0 thence South 89°19'28" East a distance of 39.69 feet to a point; w thence South 00°40'32"West a distance of 20.00 feet to a point; E thence North 89°19'28"West a distance of 17.32 feet to a point; a a LAND S fg Q.s��car4. 6.96 33 o�asloo ° a Q CHRISTOPHER MIN ca KIMBN.L �� March 26,2012 -/. ., y ��') KWE 09-002 �;r+' � Zone 56/76 Expires: 6 /30/Zol Page 1 of 2 I Packet Pg.33 I I 8.B.a I thence South 41°24'42"West a distance of 64.52 feet to a point; thence South 03°38'07" East a distance of 16.37 feet to a point; thence North 86°24'42" East a distance of 97.94 feet to a point; c as thence South 03°35'18" East a distance of 20.00 feet to a point; CO thence South 86°24'42" West a distance of 74.62 feet to a point; thence South 03°33'24" East a distance of 61.11 feet to a point; a 0. thence South 86°24'42"West a distance of 46.42 feet to a point; a thence North 48°35'18"West a distance of 32.02 feet to the TRUE POINT OF BEGINNING. Containing 10,547 square feet, more or less. 0 N M co ti c 0 '` a> To as 0 J x w c a) E V a3 March 26,2012 KWE 09-002 Zone 56/76 Page 2 of 2 I Packet Pg.34 I I 8.B.a I /r"tp LAND s EXHIBIT B N ." 0---Ei �'9, \ :... c� �Q a$ioo • `1 S89'19'28"E 39.69' ,CHRISTOPHER JOHN \ 144.IcIMeal � �� / ` '" �.� S00'40'32"W 20.00' °' M P+ b 1,012.044 ti'`* \\ '/ �'� N89'19'28"W 17.32' W o 0 20' 40' PROPOSED �/ * �`ti' "( SO338'O7"E 16.37' IS cn ;----:-----1 IMPROVEMENTS \�' , �� ; \ E SCALE IN FEET // V. LAND DESCRIBED a IN EXHIBIT A tO \ frIes . 1 N8624'42"E 197.94' LIr ♦----'_ S03'35'18"E c Z i i i i _— 20.00' N TRUE POINT ...1 (4, OF BEGINNING. o �' it �� S86'24'42"W 74.62' to M , O \\\ O BRASS CAP 1 °' w ' EX. HEATHER Q. ON PIPE, ,, I L I ^`'',- ' HEIGHTS d '12 G• ,� NO MARKINGS g1 s o N�3 2` . \ �,, ' m 1 262 -4 a co __ N06'21'35"E N48'35'18"W S86'24'42"W a 223.51' 32.02' 46.42' _ MAG NAIL WITH "'` W N06'21'35"E TAG "LS 48100" 838.55' i E N89'41'58"W 7,464.20' to • y a BASIS OF BEARING N89'41'58"W 10,372.90' Y V\_ G.L.O. BRASS CAP G.L.O. BRASS CAP i. COR. 4 W.B.M.R. COR. 1 W.B.M.R. REMOTE POINT OF BEGINNING. MARCH 26, 2012 W.B.M.R. ... WHIPPLE BARRACKS MILITARY RESERVATION JOB NO. 09-002 G.L.O. ... GENERAL LAND OFFICE KELLEY/WISE ENGINEERING, INC. EX. ... EXISTING 146 GROVE AVENUE PRESCOTT, AZ. (928) 771-1730 I Packet Pg.35 I KELLEY / WISEGROVE ENGINEERING, INC.I 8.B.b 146 AVENUE PRESCOTT, ARIZONA 86301 (928) 771-1730 FAX 778-2220 CML ENGINEERING/LAND PLANNING/SURVEYING G.1i 4h a, 141. '` 7• • ,. 4 1 1 \ ' e it: r '3 T - co , a. a. ''''-.1,,,...* ♦ ♦ ,4♦ T. V. ✓n to ','f ,f e ♦• i.M , �, .4: d a ' ♦ r q L ♦° .d'.• ./4 f r! fit: y 4'i.,.•!r.fr ♦ . O. ca a- •�r • r, ., ry •p , i Sf r ems. s 'S. , 4' o 69 refs= ,�, ,. • ,, . , SITE E RpUTE a` t . • -- l 4 • • w 4 Z �h ♦ S Y Nc _. r t /_�y.\ 'C x r•e f 5 S1l?EET . \ , '` „•r, • : ;441.4411, � '• • r� , :•• `, • ,��1�'<\` "t, a tie ''',; . �rt r4-�, '• y, a f ,*, Cvy i. \� \ ♦ `.' aS `'g t 3 }a yit...'%,�,y;a• v.• '. f• 4, , h 1 Packet Pg. 36 I 8.0 ('ITYo PRES('OTT COUNCIL AGENDA MEMO MEETING DATE/TYPE: VOTING MEETING 11-28-17 DEPARTMENT: Public Works AGENDA ITEM: Award of City Contract No. 2018-103 to Ripple Industries, LLC, and City Contract No. 2018-104 to Rottweiler Controls, LLC, for "On-Call" contracts for Supervisory, Control and Data Acquisition (SCADA) Professional Services, each in an amount not to exceed $15,000.00 annually. Funding is available in the Water and Wastewater Funds. FUNDING SOURCE: Wastewater Fund Approved By: Michael Lamar, City Manager Item Summary This item is for the award of two, "On-Call" contracts for Supervisory, Control and Data Acquisition (SCADA) Professional Services, each in an amount not to exceed $15,000.00, annually. Background The City's water and wastewater systems include local site control and SCADA currently at the two wastewater treatment facilities, seven wells, seven booster sites and ten storage tanks. SCADA is essential at these sites for monitoring and alerting operations staff of alarm conditions requiring a response. SCADA is also used for starting/stopping equipment, tracking usage, altering process control, and monitoring tank levels while trending and collecting historical data that is utilized to improve processes. This information is imported into the City's maintenance management system to track and generate repair and preventative maintenance work orders. These contracts will be utilized for emergency response to restore SCADA systems in the event of a failure. The contracts will also be utilized for programming existing local site control devices, constructing new control panels and troubleshooting existing equipment. These specialized maintenance and repair skills are beyond the experience of our current operations staff, necessitating the need for a qualified professional to perform the work. Utilizing two on-call contracts will allow for flexibility and ensure quicker response times to emergencies. It is important to note that work is not guaranteed to either firm. I Packet Pg. 37 I 8.0 I AGENDA ITEM: Award of City Contract No. 2018-103 to Ripple Industries, LLC, and City Contract No. 2018-104 to Rottweiler Controls, LLC, for "On-Call" contracts for Supervisory, Control and Data Acquisition (SCADA) Professional Services, each in an amount not to exceed $15,000.00 annually. Funding is available in the Water and Wastewater Funds. Bid Results Staff chose to utilize two competitively bid contracts containing cooperative use agreements; the City of Tucson contract with Ripple Industries and the City of Buckeye contract with Rottweiler Controls. Both firms have the experience and qualifications to perform this work for the City. Financial Impact The approval of "On-Call" contracts is not a guarantee of work or that costs will be incurred by the City. As the need arises and work is requested, the scope and fee for the tasks required are negotiated as outline by the competitively bid contracts. FY18 funding is available in the Water and Wastewater Funds. Subsequent FY funding is pending future budget approval. Attachments 1. Ripple Industries Contract 2. Rottweiler Controls Contract Recommended Action: MOVE to award City Contract No. 2018-103 to Ripple Industries, LLC and City Contract No. 2018-104 to Rottweiler Controls, LLC for SCADA Professional Services, each in an amount not to exceed $15,000.00, annually. Packet Pg.38 1 I 8.C.a CONTRACT AMENDMENT CITY OF TUCSON DEPARTMENT OF PROCUREMENT CONTRACT NO.:130777-02 255 W.ALAMEDA,6TH FLOOR,TUCSON,AZ 85701 CONTRACT AMENDMENT NO.:ONE(1) P.O.BOX 27210,TUCSON,AZ 85726 PAGE 1 of 1 (520)837-4103 IM ISSUE DATE:NOVEMBER 25,2013 CONTRACT OFFICER: KYLE PASEWARK THIS CONTRACT IS AMENDED AS FOLLOWS: SERVICES FOR INSTRUMENTATION AND CONTROLS Pursuant to Contract No. 130777-02,Standard Terms and Conditions,both parties hereby agree to the addition of the following Cooperative Purchasing language. w i d L COOPERATIVE PURCHASING: Any Contract resulting from this solioitation shall be for the use of the City of Tucson. In addition,public and nonprofit agencies that have entered into a Cooperative Purchasing Agreement with the City of Tucson's Department of Procurement are eligible to participate in any subsequent Contract. See www.tucsonaz.aov/orocurc and click on Cooperatives for a list of the public and nonprofit U) agencies that have currently entered into Cooperative Purchasing Agreements with the City of Tucson.Additionally,this contract is eligible for 7a use by the Strategic Alliance for Volume Expenditures (SAVE) cooperative. See C httn://www.maricoaa.aov/orocurement/PubDocuments/SAVE-members.odf fora listing of participating agencies.The parties agree that these 'y lists are subject to change. ayi Any orders placed to,or services required from,the successful Contractors)will be requested by each participating agency. Payment for o a purchases made under this agreement will be the sole responsibility of each participating agency. The Contractor may negotiate additional — expenaes incurred as a result of participating agencies'usage of this contract(i.e.,freight charges,travel related expenses,etc.). Additionally,the �a Contractor may negotiate pricing adjustments(upwards or downwards)based upon the participating agency's usage/volume. The City shall not U be responsible for any disputes arising out of transactions made by others. p i The Contractor(s)will provide an electronic copy of the complete Contract to the City of Tucson Department of Procurement upon receipt C) of the Notice of Intent to Award. At the City's request,the successful Contractor(s)may also be requested to provide an electronic copy of U the complete Contract to a participating agency. v) tn n ALL OTHER PROVISIONS OF THE CONTRACT SHALL REMAIN IN THEIR ENTIRETY w i CONTRACTOR HEREBY ACKNOWLEDGES RECEIPT OF THE ABOVE REFERENCED CONTRACT AMENDMENT AND UNDERSTANDING OF THE ABOVE AMENDMENT. 0 IS HEREBY EXECUTED THIS DAY U cs 11-2t5-13 OF mil'l t(L1- t L.2013,AT TUCSON,ARIZONA. i Date H i Jerome Orae Peterson(President.CEO1 Typed Name and Title d o. Rinole Industries it Company Name 355 S.Main Drive.Anaohe Junction AZ.85120 m Address c ncteraon.ieromvaikieoteted corn Email Address L fr/ -� ✓L C Apache Junction AZ 85120 AS Director of Procurement and not personally City State Zip Ii Packet Pg. 39 I I 8.C.a CONTRACT AMENDMENT CITY OF TUCSON DEPARTMENT OF PROCUREMENT CONTRACT#130777-02 255 W.ALAMEDA,6TH FLOOR,TUCSON,AZ 85701 CONTRACT AMENDMENT NUMBER:FIVE(5) P.O. BOX 27210,TUCSON,AZ 85726 PAGE 1 of 1 PHONE: (520)837-41231 FAX: (520)791-4735 JW/Ir Jeffrev.Whitinaatucsonaz.aov CONTRACT OFFICER: JEFFREY WHITING ISSUE DATE:JULY 21,2017 SERVICES FOR INSTRUMENTATION AND CONTROLS THIS CONTRACT IS AMENDED AS FOLLOWS: U) ITEM NO.ONE(1): CONTRACT RENEWAL Pursuant to Contract No. 130777, Special Terms and Conditions, Term and Renewal, The City is hereby exercising its option to renew the Contract for the period of November 5, 2017 through November 04, 2018. c i 01 V d f0 O ALL OTHER PROVISIONS OF THE CONTRACT SHALL REMAIN IN THEIR ENTIRETY. U) CONTRACTOR: Ripple Industries.LLC CITY OF TUCSON: CONTRACTOR HEREBY ACKNOWLEDGES RECEIPT OF THE ABOVE REFERENCED CONTRACT AMENDMENT AND UNDERSTANDING OF THE ABOVE AMENDMENT. IS HEREBY EXECUTED THIS '" DAY hi'l/PY U OF ✓- .2017,AT TUCSON,ARIZONA. 0 � �a.9t�ry_/®a�e�r� Aug. 09 2017 Si ature o,pferson authorized to sign Date Marcheta Gillespie,CPPO,C.P.M.,CPPB,CPM cn Jeromy G. Peterson I President, CEO as Director of Procurement and not personally M Name and Title(typed or printed legibly) Ripple Industries Company Name 27784 N Cooper Rd o U Address m peterson.jeromy@rippleind.com Email Address Florence AZ 85132 cy City State Zip a Contact information for Sales/Account Representative for daily business operations: �ci Daniel Joshua Pearce/Project Manager Name and Title(typed or printed legibly) w 480-474-8199 Phone Number pearce.jos h@rippleind.com Email Address Packet Pg.40 I I 8.C.a I CITY OF TUCSON DEPARTMENT OF PROCUREMENT REQUEST FOR PROPOSAL NO.130777 255 W.ALAMEDA,6TH FLOOR,TUCSON,AZ 85701 PAGE 21 OF 21 CONTRACT OFFICER:KYLE PASEWARK • 1 PH:(520)837-4103/FAX(520)791-4735 • OFFER AND ACCEPTANCE OFFER TO THE CITY OF TUCSON: The Undersigned hereby offers and shall furnish the material or service in compliance with all terms, scope of work, conditions, specifications,and amendments in the Request for Proposal which is incorporated by reference as if fully set forth herein. Y o fa L For clarification of this offer,contact: 0 o l e I LLSfr i o S Name: (/2�a.),, j4fe/caIJ y d Company nc1 Name 35.5 s. /%r%1 Dr Title: !'rvstint era Address gibe he (J in,7'/Qn 42 85l a o Phone: yRO-qz,t,2.--R/99 • City' State Zip w • Fax igna of Person Authorized to Sign Ta • � r, j 6r /;. 4-7n E-mat: t.Btsan g • Q,/'ee%no ca/s9 Printed Warne / cJ i Title 0 ' eh F- ACCEPTANCE OF OFFER 4 a The Offer is hereby accepted.The Conk -r noN bound to sell the materials or services specified in the Contract.This Contract �t'T shai be referred to as Contract No. t? 'U-G. 0 U N o r CITY OF TUCSON,a municipal corporation 1��) Approved as to form this 144''"day of tJ E� ,2013. Awarded this ' day o1 1.�2013. 54—=-• (atX,1/4i(A" a re'i � 4 As Tucson City Attof�eynt a not personally rcheta Gillespie,C.P.M.,CPPO,CPPB,CPM m As Interim Director of Procurement and not personally E 4 0 a Q � I Packet Pg.41 I 'j .... • >K I�asewark rya; Ci r1 Tucson, Inferi . I 8Ca '1�ri$/ �131e selte 1 I From: Jeromy Peterson <peterson.jercmy©rippleind,com> • To: Kyle Pasewark<Kyle.Pasewarkctucsonaz.gov> Date: 10/14/2013 5:03 PM Subject: Re: City of Tucson, Intent to Negotiate Attachments: 10141302,PDF; Part.002 Kyle, • I have attached our response to the questions regarding the acceptance of credit cards. Please feel free v 0 to call me if you have any questions. Thanks v Jeromy Peterson Ripple Industries L i President, CEO U Cell:480.442.8199 Fax:602.910.5543 N ; N w Octs U 0 Q 1 Q V U) U N V i c � 0 U N N 0 c • 01 a a m E 4a w Q I I Packet Pg.42 I I I 8.C.a I 1 EVALUATION CRITERIA • Price Proposal „4. Will payment be accepted via commercial credit card? Yes No N w co y a. If yes, can commercial payment(s)be made online? w I t'1 Yes No o U •b. Will a third party be processing the commercial 0 credit card payment(s)? Yes X No d co c. If yes, indicate the flat fee per transaction c (as allowable, per Section 5.2.E of Visa Operating Regulations). a - 1 d. If°no"to above, will co eratlon be given o to accept the card? 0 Yes ,. . No o a /�f a o cl N. 5 c 0 N d 'C N 7 C O. Q F aC+ G1 E t C> f0 ' I a I Packet Pg.43 I 1 8.C.a I i • Attn: Kyle Pasewark • Contract Officer City of Tucson (520) 837-4103 Response to Notice of intent to Negotiate 1. Best and Final Offer-Price Page a. Please provide your best pricing offer to the City in accordance with the Best and Final Price Pages attached. R b. Response:See attached"Pricing Page" 0 U 2. Method of Approach-Response Time a. Please provide detailed response time for the following; I. Remote Login C II. Emergency-after hours T tit. Standard Jobs o b. Response: i. In the event of a service call that can be investigated and/or remedied through remote SCADA system access,a Ripple Industries'employee will be a'Wailable a` within no more time than 30 minutes. H. In the event of an emergency or after hours call,a representative from Ripple Industries will be on site addressing the problem within 2 hours of receiving a contact from the City.An emergency phone number will be provided to the o City that is tied to the phones of multiple employees.As well,we will provide a i the cell phone numbers of all employees assigned to provide service to the N City.We will often be able to arrive more quickly than two hours,however we can guarantee service within that time period. lit. Standard jobs will be scheduled with the City.Ripple Industries will work with the affected staff from the City of Tucson to develop a schedule that meets needs and expectations.At Ripple Industries,we utilize Gantt charts to manage project scheduling,however we are flexible and willing to work U within any organizational system that the City prefers. 3. Emergency Travel Pay-Time Charge a. The City will pay a flat rate trip charge of$50 per job,please confirm that your firm accepts • the$50 Trip Charge and are aware no other fees or travel pay will he authorized for -` payment by the City of Tucson a a. Response:We confirm that we are willing to accept the$50 Trip Charge as it has been explained. b. Emergency flours Weekends,Holidays,any other time frame that falls outside of the City's standard hours of operation.(Current hours of operations can found online at the City of Tucson official website.) b. Response:We accept the City's definition of Emergency Hours as it has been a explained. If the City of Tucson has any questions regarding this Response to Notice of Intent to Negotiate,please feel free to contact Jernmy Peterson with Ripple Industries using the information provided below. Jeromy Peterson 480A•42.8199 7rson.jemy�rippleind.com Packet Pg.44 I 8.C.a I . • • .1 ..117."• . Administration/Office Labor Description of Position: Tbis is On topic:vote; Lt.)/- per hr NI 4k11 eizriinetri- 133 41A4_ne,eel o.9.our eL44113&ter. COI)1 _ Electrician 0 Description of $ "7.< per hr. Position:Tkis s'kt eigefr'i<ion 0. ki/15 04ci joorneymqn level. 3 c.) (.1 Field Labor Description of• co Position:711;s s on enifi $ per .hr.ayog,w/ Oceff‹. iJ ;n in ev ig .r_ckce 0cv* .- 7;) a. a. .c 0 • • • • 11 1 Packet Pg.45 I 1, • I 8.C.a I • i BEST AND FINAL OFFER PRICE PAGE RFP NO. 130777: SERVICES FOR INSTRUMENTATION AND CONTROLS `.ry:' "� l;,'.i'• :.'i`:�...FS �i:..;,1;:' ,.y,•,�t. •;^, .f.. .'mow, -ra.iet:ylk: -y,.•. 'y rnY.G '✓.�:r%,•7�•I !h ...Y��sw. .iir�'� _tv, ;�y„J' 1•,- ..C,..J" •3. t: .4+:'lo'_':so:'. r} `1..' q.l �• ' I�•t.. :.¢ai; .3•��c.d' 2:�'.. h. s...;� ?«,r,. 0 Offeror shall provide hourly rates for all positions that may be used to complete work under the resulting contract(i.e., Project Manager, Electrician, Field Labor vs. Office (f) Labor, ect.) O H I Manager a` I Description of Position:TWA' Lc an a nelnype c..a/ )hts`Ni $ Q per hr. c) 0 40,C14niea? 4 ran ennen-i- .sk;II$ exQri eijfp o toor'ken3 ;try pi s 'hoti et1 G050.N1¢n"f: Engineer 6. Description of Position:Th,s is o mgrs,her erC 04,1' -142tIn w/ $ per hr. el ct-hi:3n �t'njnAJ -ct/1�IQ( Q.�{ferroe p (qvt icleir -to_ bq ic.;i dje r¢e in o ` 4)6 atcai'Pete" . Q • Design/Cad Description of Position:Tki v ;< g pI yqa cu/ $ 60 per hr. ShCijc 04 Spa s 00.41 f,...' -`A �a' k ..�.V Rc. . I' n. . . . n.' yry.�. y r : ;�f.>. r.` .s� .!fil='t"Y,t-i:.'2} t.,a' r P.• ",' �+Y'.; Packet Pg.46 I 8.C.a I REQUEST FOR PROPOSAL AMENDMENT CITY OF TUCSON DEPARTMENT OF PROCUREMENT REQUEST FOR PROPOSAL NO.:130777 255 W.ALAMEDA,6TH FLOOR,TUCSON,AZ 85701 RFP AMENDMENT NO.:ONE(1) P.O.BOX 27210,TUCSON,AZ 85726 PAGE NO. 1 OF 5 (520)837-4103 RFP DUE DATE AUGUTST 6,2013 @ 4:00 P.M.,LOCAL AZ TIME ISSUE DATE:JULY 24,2013 CONTRACT OFFICER:KYLE PASEWARK A SIGNED COPY OF THIS AMENDMENT MUST BE SUBMITTED WITH YOUR SEALED PROPOSAL. THIS REQUEST FOR PROPOSAL IS AMENDED AS FOLLOWS: SERVICES FOR INSTRUMENTATION AND CONTROLSco I co c ITEM 1: SCOPE OF WORK: d Section 9 '> Q. What brand are the Spread-Spectrum Data Transceivers? co A. FreeWave Wireless Data Transceiver o Section 11 (7 Low voltage commercial electrical license L-67,or equivalent,will be the minimum requirement. y°' o j (Add)Section 12 a An estimated 60%of the work performed under the subsequent contract wiU be software related;the other 40%wiU be j hardware/other related work. O ITEM 2: SPECIAL TERMS AND CONDITIONS: a ; U 1 to Add the following language as Number 5 under the Special Terms and Conditions. M i 5. USAGE REPORT:The Contractor shall provide an electronic copy of a usage report to the Department of Procurement. The report shall be sent after eleven(11)months of the Contract term or earlier upon request. The report shall provide complete information by City Department on the quantity,description and total sales of items purchased under this Contract for the most recent contract period. w i c , o i ITEM 3: PRE-PROPOSAL CONFERENCE ATTENDIES: c y I 1. INTEGRITY CONTROLS (1 representative) 2. VERIZON (3 representatives) 3. SOUTHWEST UNISOURCE (1 representative) m 4. 83 CONTROLS (2 representatives) 5. RIPPLE INDUSTRIES (1 representative) 6. CRA (1 representative) 7. QUANTUM (1 representative) 8. DELTA SYSTEMS ENGINEERING (2 representatives) E c) a • iI Packet Pg.47 I 8.C.a REQUEST FOR PROPOSAL AMENDMENT CITY OF TUCSON DEPARTMENT OF PROCUREMENT REQUEST FOR PROPOSAL NO.:130777 255 W.ALAMEDA,6TH FLOOR,TUCSON,AZ 85701 RFP AMENDMENT NO.:ONE(1) P.O.BOX 27210,TUCSON,AZ 85726 • PAGE NO. 2 OF 5 (520)837-4103 RFP DUE DATE:AUGUTST 6,2013 @ 4:00 P.M.,LOCAL AZ TIME ISSUE DATE:JULY 24,2013 CONTRACT OFFICER:KYLE PASEWARK A SIGNED COPY OF THIS AMENDMENT MUST BE SUBMITTED WITH YOUR SEALED PROPOSAL. • THIS REQUEST FOR PROPOSAL IS AMENDED AS FOLLOWS: ITEM 4: REVISED PRICE PAGE: REVISED PRICE PAGE 0 RFP NO. 130777: SERVICES FOR INSTRUMENTATION AND CONTROLS ITEM I DESCRIPTION J PRICE � I SAMPLE JOBS (for evaluation purposes only) co C 0 Sample Job #1: The City has purchased a replacement pressure transducer designed to monitor water levels in an extraction well. Since it is a replacement, all infrastructures are already in place. The new transducer has pressure ranges of 0- _ 30 feet of water as measured directly in gage pressure. The old co transducers had ranges of 0-120 feet of water as measured in atmospheric pressure corrected at the PLC. Please provide 0 hours and pricing to install the transducer and change the coefficient factors within the PLC and HMI software to correctly v 1. read the water level. The Allen Bradley PLC is a MicroLogix $ 1.280.00 N 1200. The new transducer is a Global Water WL300. The HMI software is WonderWare® 2000. Assume that there is already ti power in the box for the transducer. The new transducer will be located 225 feet below ground surface in an existing sounding tube. Assume the ladder logic is fully documented and that `0 manuals are available for all hardware. Assume all wells are C accessible by a standard automobile (four wheel drives are not ci required). L. Sample Job #2: The City has replaced a 3/4 Hp pump and 3/4 Hp VFD with a new 2.0 Hp pump and 2.0 Hp GS-2 AC VFD at a a groundwater extraction well. Please provide hours and pricing $_J 60.00- to install and program the new VFD. Assume the City has already installed the new pump. The old VFD is still in the well vault and needs to be replaced with the new VFD that the City 2. purchased (assume a straightforward physical installation). The .0�. new VFD also needs to be programmed. The Allen Bradley PLC is a MicroLogix 1200. Assume the ladder Logic is fully documented and that manuals are available for all hardware. Assume all wells are accessible by a standard automobile (four wheel drives are not required). I Packet Pg.48 I I 8.C.a REQUEST FOR PROPOSAL AMENDMENT CITY OF TUCSON DEPARTMENT OF PROCUREMENT REQUEST FOR PROPOSAL.NO.:130777 255 W.ALAMEDA,6TH FLOOR,TUCSON,AZ 85701 RFP AMENDMENT NO.:ONE(1) P.O.BOX 27210,TUCSON.AZ 85728 PAGE NO. 3 OF 5 (520)837-4103 RFP DUE DATE:AUGUTST 8,2013 4:00 P.M.,LOCAL AZ TIME ISSUE DATE JULY 24,2013 CONTRACT OFFICER:KYLE PASEWARK A SIGNED COPY OF THIS AMENDMENT MUST BE SUBMITTED WITH YOUR SEALED PROPOSAL. THIS REQUEST FOR PROPOSAL IS AMENDED AS FOLLOWS: ITEM DESCRIPTION PRICE w Sample Job #3: A new groundwater treatment system consists `0 of two extraction and two injection wells. The injection wells are fitted with valves controlled by the PLC that open to allow flow based on pressure readings at the treatment plant. The original PLC programming was fully automated to start the extraction cn wells and the injection wells at the same time, which did not ca allow enough time for the valves in the injection wells to open fully before extracted water was delivered to them. The result •y was a pressure imbalance (high water pressure at the plant that w shut off both the extraction and injection wells) which made it $ 1360.00 0 difficult to restart the system. Describe how you would correct the programming to allow for a smooth restart. Provide the 3' number of hours for that will be required for your strategy. Assume the ladder Logic Is fully documented and that manuals 0 are available for all hardware. Assume all wells are accessible by a standard automobile (four wheel drives are not required). co (The PLC is manufactured by GE Fanus and carries VersaPro software Version 2.0. The HMI software is WonderWare®2000. The VFDs are Square D ALTIVAR 66 and the valves at the injection wells are manufactured by Baski. The manuals, wiring and logic diagrams are available in the Operations and Maintenance Manual inside the treatment plant.) 0 U tll 4) a+ N a) 0. Q i a+ I a) E L t) lC 9- II ' I Packet Pg. 49 I • I 8.C.a REQUEST FOR PROPOSAL AMENDMENT CITY OF TUCSON DEPARTMENT OF PROCUREMENT REQUEST FOR PROPOSAL NO.:130777 255 W.ALAMEDA,6TH FLOOR,TUCSON,AZ 85701 RFP AMENDMENT NO.:ONE(1) P.O.BOX 27210,TUCSON,AZ 85726 PAGE NO. 4 OF 6 (520)837 4103 RFP DUE DATE:AUGUTST 6,2013 r 4:00 P.M.,LOCAL AZ TIME ISSUE DATE:JULY 24,2013 CONTRACT OFFICER:KYLE PASEWARK A SIGNED COPY OF THIS AMENDMENT MUST BE SUBMITTED WITH YOUR SEALED PROPOSAL. THIS REQUEST FOR PROPOSAL IS AMENDED AS FOLLOWS: ITEM DESCRIPTION PRICE c • 0 HOURLY RATES: v N Offeror shall provide hourly rates for all positions that may be used to complete work under the resulting contract(i.e., Project Manager, Electrician, Field Labor vs. Office Labor,ect.) T 0 MANAGER 'y N d Description of Position: Thisis an emolovee with both ° 4. $ 90.00 per hr. a IS11i MUM f0 U I IMO O SeOoc cn ENGI( M I r Descl C\C\`N(n, With 5. $ $5 9Q per hr. 445 shwa )chelor's• dearej U d N ' 7 DESK N s. Description of Position: This is an employee with skills and 6. $ 60.00 per hr. or• trainina in a specific area such as a CAD Designer 11 w ITEM DESCRIPTION PRICE { I Packet Pg. 50 1 I 8.C.a I i REQUEST FOR PROPOSAL AMENDMENT CITY OF TUCSON DEPARTMENT OF PROCUREMENT REQUEST FOR PROPOSAL NO.:130777 • 1 255 W.ALAMEDA,6TH FLOOR,TUCSON,AZ 85701 RFP AMENDMENT NO.:ONE(1) P.O.BOX 27210,TUCSON,AZ 85726 PAGE NO. 6 OF 5 (520)837-4103 RFP DUE DATE:AUGUTST 6,2013 @ 4:00 P.M.,LOCAL AZ TIME ISSUE DATE:JULY 24,2013 CONTRACT OFFICER:KYLE PASEWARK A SIGNED COPY OF THIS AMENDMENT MUST BE SUBMITTED WITH YOUR SEALED PROPOSAL. THIS REQUEST FOR PROPOSAL IS AMENDED AS FOLLOWS: N ADMINISTRATION/OFFICE LABOR cau Y Description of Position: This is an employee with 7. $ 60.00 per hr. y administrative skill Pertinent to the needs of our customer a and employees. d u) To c o_ U) ELECTRICIAN w o Description of Position: This is skilled electrician operating a a 8. $ 75.00 per hr. ca at a Journeyman level.This emgjgvee has at least five years O of experience workina primarily unsupervised. c a U . 1 N ' cl FIELD LABOR in T 9. Description of Position: This is an employee with basic $ f 0.00 per hr. skills in a specific area (le.electrical crew.royah crew (°) members.etc... d 'L N I '0 _C O ALL OTHER PROVISIONS OF THE REQUEST FOR PROPOSAL SHALL REMAIN IN THEIR ENTIRETY. 6. VENDOR HE EBY ACKNOWLEDGES RECEIPT AND UNDERSTANDING OF THE ABOVE AMENDMENT. a .., �;d,onc�' ri�s / L C. ignafure Date Company Name E ( PrvM`-'1 4 ''-erS (O 11- 5;#1 I44.1 (J 11-&. Aka) \I s 11 Typed Name"and Tifle Address a City State Zip Packet Pg. 51 I i 1 I 8.C.a I A.Qualifications and Experience. 1. Ripple Industries is a superior instrumentation and controls contractor specializing in the construction,installation, programming, calibration, documentation, and operation of monitoring equipment and other such instrumentation. Ripple Industries is a growing small business with fifteen employees, with a complete electrician's department, software development and integration department, and engineering department. Ripple Industries is six years old with experience developing, repairing, and trouble shooting various SCADA systems,PLC units,HMI software, VFD, and relay systems. Ripple Industries has the reputation of getting the job done right quickly, and efficiently the first time. Tic' 2. Point by point response to all items in Scope of Work o t U Ripple Industries has been building and maintaining SCADA system in Arizona for more than six years.We currently maintain a programming staff of eight employees and a five man electrical team.Cumulatively our staff brings more than 75 o years of industry relevant experience to the table. co Ripple Industries has a unique history of successfully completing very difficult projects integrating SCADA systems to c control,monitor and report the operation of water pumps,temperature and heat sensors,blowers and other equipment used e in environmental remediation.We have been primary integrators for US EPA funded projects to extract,filter and re-inject ground water.As well,we have built and commissioned countless water and wastewater treatment projects. We maintain a staff of very talented programmers well versed with PLCs from all of the major manufactures including Allen I Bradley,GE Fanuc,Modicon,SCADAPak,Siemens and Automation Direct t> i c Ripple Industries is a registered Wonderware Integrator with a history of building very successful projects in both standalone InTouch and System Platform.We are intimately familiar with the Wonderware historian software InSQL as well as the Wonderware historical interface software Active Factory.Besides this though,we also have staff members skilled in v SQL and familiar with numerous other industry standard HMI and historian software packages. r!? M Ripple Industries'electrical team has installed,configured and commissioned numerous variable speed drives.We have worked on drives as small 10 horsepower and as large as 1500 horsepower. We have found that the best way to maintain the confidence of our long-standing customers and to gain the confidence of 10 new customers is by making sure that our technicians are highly talented troubleshooters.We pride ourselves on being able c to solve problems quickly and save our customers money.We are highly skilled at troubleshooting VFDs,pumps,pressure N transducers,blowers and other process equipment. We have members of our team that have extensive experience troubleshooting relay systems.As PLCs become more and more dominant in the controls world,many company's lack team member with experience working on simple relay systems. This is not the case with Ripple Industries.We boast of a very versatile team that can work with a broad spectrum of control system technology including,in this case,relay systems. Our team has standards in place for providing concise,affective documentation of all our ladder logic,wiring diagrams, c logic diagrams,process diagrams,data flow charts,network structure,change management and countless other areas.We a' appreciate and would be happy to comply with and documentation requirements imposed by COT-ES. Ripple Industries builds the most stable wireless networks in our industry.Our radio path survey abilities are unparalleled and we have extensive experience in the controls industry.We are familiar with all of the major radio manufacturers include MDS,Datalink,Ubiquity,Badger,Phoenix Contact,Esteem,and countless others. Members of the Ripple Industries team have experience with some of the chart recording equipment made by Honeywell and Yokogawa including the Honeywell DR4SAT and DR4300 circular recorders and the Yokogawa DR230 strip recorder. As well,we have extensive experience with chart recording equipment in general. Ripple Industries currently maintains two contracting licenses.They are both listed below: a. K67 Low Voltage Electrical Arizona-ROC No.279863 I Packet Pg. 52 I 8.C.a I A General Engineering-ROC No.283545 3. Ripple Industries owns all of the equipment, tools and software necessary to perform the scope of work as has been indicated within request for proposal. Below,we have provided a listing of company assets that will be used to meet the scope of work: a. Laptops b. Rockwell 10-Seat Integration Partnership c. SchneiderElectric Integration Partnership d. GE Integration Partnership a e. Wonderware Integration Partnership f. Work Trucks 0 g. Conduit Benders h. Trenching Equipment i. Multi Meters N j. Process Meters To k. Standard Tool Sets (Screwdrivers,Wrenches, etc.) o_ 1. PPE(Steel Toe Boots,Hard Hats,Eye Protection,Ear Protection,Reflective Vests, Atmospheric Monitoring Equipment, SCBAs, etc...) o m.Ladders a n. Generatorsco U o. Power Tools p. 400 MHz Radios for Testing q. 900 MHz Radios for Testing r. 2.4 GHz Radios for Testing s. 5 GHz Radios for Testing co t. 900 MHz Spread Spectrum Analyzer u. 2.4 GHz Spread Spectrum Analyzer v. Portable Radio Towers c.) 4. Please see attached, low voltage commercial electrical license L-67. 5. Key Staff Members: Jeromy Peterson and Cliff Hall will be the leaders our team in the software related portions of the presented projects. Jeromy Peterson is the C.E.O. of Ripple Industries and has eleven years of it experience in the instrumentation and control systems industry.With a Masters of Science in Computer Information Systems. Jeromy has certifications including: Wonderware System Platform Integrator, AZDEQ water/wastewater Collection Grade III,AZDEQ Water/wastewater Treatment Grade III, registered integration specialist with Allen-Bradley/Rockwell. Please see attached resume. w Cliff Hall has eight years of experience in software integration and control system design. Cliff Hall is a Project Manager at Ripple. Cliff is certified Wonderware System Platform Integrator, and has vast experience with radio telemetry using MDS,Data-link,Ubiquiti, and Esttem radio networks.With over five years of experience in designing,building,troubleshooting, and programing control systems specifically for water/wastewater industry. Eric Bastel is a Construction Manager.Eric has twenty years of experience in the construction industry. As a Master Electrician Eric oversees much of the electrical duties and hardware installation and termination. I Packet Pg. 53 I 8.C.a I i 6. All the work performed shall be done by Ripple Industries, LLC. 7. Three Customer References: Ken Bartley PLC Administrator Tuscon Electric Power Springerville Generating Station 12 miles north of Springerville L Country Road#4162 0 Springerville,AZ 85928 Tel: 928.337.7333 kbarley®tep.com Darron Anglin Manager of Operations c Superstition Mountains Community Facilities District No. 1 5661 South Ironwood Drive Apache Junction,AZ 85120 a Tel: 480.941.6760co danglin@smcfd.org James Taylor Operations Consultant—GHD Environmental Services Inc N GHD 7600 North 16th Street—Suite 205 Phoenix,AZ 85020 Tel: 602.216.7223 j ames.tayl or®ghd.com 0 B.Proposed Approach to Sample Jobs. 11) 1.Attached are documents relative to this requirement, including price point for each example job. ` Below also includes our strategies for completing each proposed example job. a Sample Job#1: 8 Hours at$75/Hour for and Electrician=$600 8 Hours at$85/Hour for a Programmer/Engineer=$680 Final Price=$1,280 The project that has been described in the RFP is relatively simple. The City's representatives have performed the largest part of the time consuming labor. In this scenario,Ripple Industries will need to ; , provide an electrician to install the new transducer and a programmer to make relatively simple ' modifications to documented PLC code. So long as no unforeseeable circumstances arise,we have allocated 8 hours for an electrician and 8 hours for a programmer to accomplish this task. We have I Packet Pg. 54 I I 8.C.a billed them at the rates described in our response to this RFP, In truth,there is a potential that they would finish much quicker. Ifthis happened,we would be willing to bill the City for the actual time required. Sample Job#2: 16 Hours at$75/Hour for and Electrician=$1,200 16 Hours at$85/Hour for a Programmer/Engineer=$1,360 Final Price=S2,560 15 Again,like in the previously described project,the City has made our jobs relatively easy by performing all of the prep-work and by providing thorough documentation. To accomplish the c) installation and programming of the VFD,Ripple Industries will need to provide an electrician and a programmer.We have allocated one day(8 hours for each employee)for installation and programming •5 and we have allocated another day(8 hours for each employee)for testing and commissioning.As in the case with the previous scenario, if less time were required,less time would be billed. Sample Job#3: 16 Hours at$85/Hour for a Programmer/Engineer=$1,360 Final Price=$1,360 a co U Modifications need to be made to the GE Fanuc PLC code to insure that the injection well valves are opened prior to activation of the extraction well pumps. If valve status signals are available,then programming should be added that prohibits the extraction well pumps from being called into service until and unless the injection well valves are open. If the extraction well pumps are ever activated and N the injection well valves are not opened,then an alarm should be generated in the SCADA system. If the injection well valve status signals are not available,then the possibility of adding them should be considered. If they are not available and if adding them is not an option,then a timer could be added to co the PLC code to slow the activation of the extraction well pumps. In this event, an operator configurable time entry field should added to the Wonderware HMI that would allow operators to control the time delay period for activation of the extraction well pumps. Truly,this option should onlyCD be considered secondarily to the actual monitoring of the injection well valve statuses. H If no additional equipment is to be added to incorporate signals from the injection well valves,then the programming involved would require less than 16 hours to accomplish. o. c C. Price. E 1.Please see attached Price Paged. =° 2. Scheduled rates are discounted and located on price page. 3. See Price page, and please see below I Packet Pg. 55 I I 8.C.a I Clismoso) Jeromy Peterson Chief Operating Officer www.ripoleind.com infoCc)riooleind.com RIPPLE INDUSTRIES Phone: 480.442.8199 Fax: 602.910.5543 CAREER EXPERTISE NARRATIVE Jeromy Peterson has 13 years of progressively responsible experience designing,building and programming instrumentation and control systems in the water,wastewater,mining,agricultural and power industries.Jeromy is a licensed water operator in the state of Arizona. Jeromy has 10 years of • project management experience in the controls industry.Jeromy has been responsible for managing the design and deployment of monitoring and control systems that have received regional and national recognition for Ripple Industries. a, KEY EDUCATION,CERTIFICATIONS AND PROFESSIONAL LICENSURE N University of Phoenix-M.S. Computer Information Systems Arizona State University-B.A.Religious Studies o a AZDEQ-Water Treat III;Water Dist IV;Wastewater Col III;Wastewater Treat III PROFESSIONAL EXPERIENCE a 0 Ripple Industries Position: Chief Operating Officer N Term of Employment:August 2007 to Present Responsibilities:Business Development;Operations &Controls;Human Resources;Sales& Marketing;Project Estimating;Project Management;PLC Programming;HMI Programming; Technical Training ns i c Salt River Project ci Position:Water Information Systems Instrumentation and Controls Specialist Term of Employment: January 2007 to August 2007 7/1 { Responsibilities:Electronic Control System Engineering,Construction and Design;Project Estimating;Project Management;Radio System Design,Construction and Configuration; Software Design and Programming;PLC Programming;HMI Programming 2 DL Engineering Position: Control Systems Integrator&Project Manager Term of Employment:August 2004 to January 2007 E Responsibilities:Electronic Control System Design,Project Management;Telemetry Design,and Configuration;PLC Programming;HMI Programming;Technical Training a Superstition Mountains Community Facility District No. 1 Position: Operator,Instrumentation Technician,Laboratory Technician Term of Employment: December 2000 to August 2004 Responsibilities: Operations&Maintenance;Instrumentation Installation,Maintenance& Calibration;PLC Programming;HMI Programming;Laboratory Management I Packet Pg. 56 I I 8.C.a ,--0--- - "' Jeromy Peterson Chief Operating Officer � www.rippleind.com infonrioDIeind.com RIPPLE INDUSTRIES Phone: 480.442.8199 Fax: 602.910.5543 ADDITIONAL TRAINING SKILLS AND CERTIFICATIONS Rockwell Software/Allen Bradley Hardware RSLogix5000;RSLogix500;RSLogix5;RSView32;FactoryTalk View Studio Edition; r FactoryTalk View Machine Edition;FactoryTalk Historian;FactoryTalk Vantage Point; co PanelBuilder32;PanelBuilder 1400e;ControlLogix;CompactLogix;SLC;MicroLogix;PLC5; c PanelView;PanelView Plus;Asset Center o Wonderware a/i ArchestrA System Platform;Information Server;Active Factory;SCADAlann; 2 Longwatch;InSQL;HMI Reports;InTouch;Remote Response Object; SCADAlann d GE Fanuc N Series 90-30 PLCs;VersaMax Micro PLCs;QuickPanel View OITs;iFix HMI Software;Fix32 c HMI Software;Cimplicity HMI Software o cn SCADAPak e Telepace Studio 0 Siemens a. Simatic S7 PLCs;Simatic S5 PLCs; v Sixnet Isagraph Open Programming Environment 0 RTW o Activated Sludge Process Control Training v I Workplace Safety Specialist Confined Spaced Training in Fall Protection Training N. Spectrum Instruments ti Win 911 Emergency Callout Software as Caterpillar c Integrated Tool Carrier Training c°) AZROC d Qualifying Party for K67 Contractors License H Microsoft z Windows Sewer 2000;Windows Server 2003;Windows Sewer 2008;Visual Studio .Net c Programming Environment;SQL Server 2000;SQL Server 2005;SQL Server 2008;Office 2003; d Office 2007;Office 2010;Visio;Project;Windows NT;Windows 2000;Windows XP;Windows a Vista;Windows 7;SQL Database Programming rr Automation Direct c Lookout Direct;DirectSoft5;C-More OITs E Bilingual 0 Portuguese;Spanish w Radio Set Familiarities Q MDS iNet900 Radios;MDS iNetII900 Radios;MDS Transact Radios;DataT.ink Radios;Esteem Radios;Prosoft Radios; i I Packet Pg. 57 I 8.C.a I �°° ,,� Cliff Hall Project Manager www.rippleind.com info@ripoleind.com Phone: 602.525.6417 RIPPLE INDUSTRIES Fax: 602.910.5543 CAREER EXPERTISE NARRATIVE Cliff Hall has 8 years of progressively responsible experience designing,building and programming y instrumentation and control systems in the water,wastewater,agricultural and power industries.Cliff is a Wonderware certified integrator.He has 4 years of project management experience in the controls industry.Cliff has been responsible for managing the design and deployment of monitoring and control systems for countless projects. d KEY EDUCATION,CERTIFICATIONS AND PROFESSIONAL LICENSURE Arizona State University-More than 70 Credit Hours Towards a B.I.S.in Business Administration _ N AZDEQ-Water Dist. I PROFESSIONAL EXPERIENCE Ripple Industries Position: Project Manager/Control Systems Integrator 0 Term of Employment:August 2012 to Present Responsibilities:Electronic Control System Engineering,Construction and Design;Project v 1 Estimating;Project Management;Radio System Design,Construction and Configuration; Software Design and Programming;PLC Programming;HMI Programming Maverick Technologies Position: Control System Specialist Term of Employment: July 2011 to August 2012 Responsibilities:Electronic Control System Engineering,Construction and Design;Project Estimating;Project Management;Radio System Design,Construction and Configuration; U Software Design and Programming;PLC Programming;HMI Programming Ripple Industries Position: Project Manager/Control Systems Integrator Term of Employment:August 2008 to July 2011 E Responsibilities: Electronic Control System Engineering,Construction and Design;Project Estimating;Project Management;Radio System Design,Construction and Configuration; a Software Design and Programming;PLC Programming;HMI Programming rr DL Engineering Position:PLC Programmer III E Term of Employment: January 2005 to August 2008 Responsibilities: PLC Programming;HMI Programming;Radio System Configuration and Commissioning;Technical Training II I Packet Pg. 58 I I 8.C.a Cliff Hall Project Manager www.rippleind.com info(Vripaleind.com Phone:602.525.6417 RIPPLE INDUSTRIES Fax: 602.910.5543 ADDITIONAL TRAINING SKILLS AND CERTIFICATIONS Rockwell Software/Allen Bradley Hardware RSLogix5000;RSLogix500;RSLogix5;RSView32;FactoryTalk View Studio Edition; y FactoryTalk View Machine Edition;FactoryTalk Historian;FactoryTalk Vantage Point; co PanelBuilder32;PanelBuilder 1400e;ControlLogix;CompactLogix; SLC;MicroLogix;PLC5; PanelView;PanelView Plus;Asset Center Wonderware ArchestrA System Platform;Information Server;Active Factory; SCADAlarm; Longwatch;InSQL;HMI Reports;InTouch;Remote Response Object;SCADAlarm E, Siemens Simatic S7 PLCs;Simatic S5 PLCs; Spectrum Instruments Win 911 Emergency Callout Software d Microsoft o Windows Server 2000;Windows Server 2003;Windows Server 2008;Visual Studio .Net Programming Environment;SQL Server 2000;SQL Server 2005;SQL Server 2008;Office 2003; co Office Office 2007;Office 2010;Visio;Project;Windows NT;Windows 2000;Windows XP;Windows Vista;Windows 7; 0 Automation Direct o Lookout Direct;DirectSoft5;C-More OITs Radio Set Familiarities co MDS iNet900 Radios;MDS iNetII900 Radios;MDS Transnet Radios;DataLink Radios;Esteem Radios;Prosoft Radios; 4 C 0 U i N d F 'I r 3 h C 61 a a E L V I Packet Pg. 59 I I 8.C.a I Erich Baste! : J^ Electrical Department Manager www.rippleind.com info@rippleind.com RIPPLE INDUSTRIES Phone:480.203.9157 Fax: 602.910.5543 CAREER EXPERTISE NARRATIVE Erich Bastel has 21 years of progressively responsible experience as a controls electrician in the water, wastewater,mining,agricultural and power industries.Erich is a highly motivated individual with a wealth of knowledge and experience as an electrician and as a leader.Erich has personally managed countless controls construction projects and has worked as a department manager for more than 8 years. v 01 PROFESSIONAL EXPERIENCE L d Ripple Industries Position:Electrical Department Manager Term of Employment: September 2012 to Present Responsibilities:Business Development;Operations&Controls;Human Resources; Sales& Marketing;Hiring;Team Management;Project Estimating;Project Management; Controls o Electrical Construction;Electrical Troubleshooting;Technical Training a. Horine Electrical Service Position:Electrical Service Department Manager 0 Term of Employment:June 2005 to September 2012 Responsibilities: Business Development;Operations&Controls;Human Resources; Sales& Marketing;Hiring;Team Management;Project Estimating;Project Management;Controls c!? Electrical Construction;Electrical Troubleshooting;Technical Training Jamison Electric Company Position:Electrician Term of Employment:May 2003 to June 2005 Responsibilities: Controls Electrical Construction;Electrical Troubleshooting;Technical Training as Keystone Electric Position:Electrical Foremen p Term of Employment:April 2002 to May 2003 Responsibilities:Team Management;Project Estimating;Project Management;Controls Electrical Construction;Electrical Troubleshooting;Technical Training a AR Utility Specialists Position:Lead Electrician E Term of Employment:February 2001 to April 2002 Responsibilities: Team Management;Controls Electrical Construction;Electrical Troubleshooting;Technical Training Delta Diversified Position:Lead Electrician Term of Employment: January 2000 to February 2001 Responsibilities: Team Management;Controls Electrical Construction;Electrical Troubleshooting;Technical Training I Packet Pg.60 I I 8.C.a I Erich Baste! Electrical Department Manager { www.rippleind.com info@rippleind.com Phone:I N D U S T R I E S 480.203.9157Fax:602.910.5543 Keystone Electric Position:Electrician Term of Employment: March 1999 to January 2000 Responsibilities:Controls Electrical Construction;Electrical Troubleshooting;Technical Training r c) ) �a Hidden Valley Electric Position:Lead Electrician Term of Employment:October 1997 to March 1999 Responsibilities:Team Management;Controls Electrical Construction;Electrical Troubleshooting;Technical Training SJ Electric c Position:Electrician .- Term of Employment:March 1992 to October 1997 Responsibilities: Controls Electrical Construction;Electrical Troubleshooting;Technical Training Q 71 U 0 N I M i r U I- 0 U G) (I) i a F a a) E s I Packet Pg.61 I • I 8.C.b I ON-CALL PROFESSIONAL SERVICES CONTRACT BETWEEN CITY OF BUCKEYE AND ROTTWEILER CONTROLS, LLC 1/7 Contract No: 31700019 co c 0 U THIS CONTRACT, made and entered into by and between the CITY OF BUCKEYE, an Arizona d municipal corporation, hereafter called the "CITY", and Rottweiler Controls, LLC, hereafter •� called "CONSULTANT". cn To c RECITALS N The City of Buckeye, Arizona, is authorized and empowered by the City Code to execute d w contracts for professional services. a NOW, THEREFORE, in consideration of the premises and the mutual promises herein c` contained,The City and Consultant agree as follows: 0 a 0 This Contract shall be in full force and effect only when it has been approved as a U required by the City Code and executed by the duly authorized City officials. co c'') 0 1.0 SCOPE OF SERVICES The City desires to obtain Professional Services related to SCADA Improvements. In c accordance with the contract documents, a specific scope of services and fee proposal o U shall be negotiated for each project and be executed by individual Task Orders. Services N provided by the Consultant under this agreement shall be performed in a manner c consistent with the degree of care and skill ordinarily exercised by members of the same o U profession currently practicing under similar conditions. d The Consultant shall perform all services within the cost and timeframes defined in c executed Task Orders, and comply in all respect, as described herein for the cc consideration stipulated, and in compliance with applicable Federal, State, and City d Codes. Services at the City's request may include, in general, but are not limited to the r following: c a.. Control Panel Design, Build and Installation - May include the following services: • Design of new control panels • Design of control panels retrofits or replacements, including site visits to develop documentation of existing conditions as required • Participate in design review meetings On-Call SCADA Improvements 1 Rottweiler Controls,LLC Contract No:31700019 I Packet Pg.62 I I 8.C.b I • Development of detailed control panel cost estimates • Development of control panel shop drawings • Development of detailed delivery schedule for control panel assembly • Build control panels • Perform Factory Acceptance Test, including loading basic PLC program for testing purposes • Development of final "As-Built" drawings 7 • Installation of new control panels o • Removal of existing control panel components o • Installation of control panel components in retrofitted panels c) a) • Perform site acceptance testing a) • Provide startup/cutover support E m to 2.0 FEES AND PAYMENTS c N tn 2.1 REGISTRATION REQUIREMENT IN CONSULTANT SELF SERVICE(VSS) o O. In order to do business with the City of Buckeye, all Consultants must register at ca https://selfservice.buckeveaz.gov/MSS. Please be aware, Consultants that do not c register and verify their information, including uploading a W-9 form to their profile, a a may experience delays in processing of invoices and will not be able to do business with 0 a the City. c.) co co 2.2 BUSINESS LICENSE REQUIREMENT r, r Consultants doing business within the City limits must obtain a City of Buckeye Business as License in order to do business with the City. Apply for a Business License at o http://www.buckeveaz.gov/business-licenses/. 0 o 2.3 FEE SCHEDULE o U Each Task Order over One Hundred Thousand Dollars ($100,000.00) shall be subject to d City Council Approval. 0 2.4 PAYMENT APPROVAL c aw E The time spent for each task shall be recorded and submitted to the Contract o Administrator. Consultant shall maintain all books, papers, documents, accounting a records and other evidence pertaining to time billed and to costs incurred and make such materials available at all reasonable times during the contract period. Monthly payments shall be made to the Consultant on the basis of a progress report prepared and submitted by the Consultant for work completed through the last day of On-Call SCADA Improvements 2 Rottweiler Controls,LLC Contract No:31700019 I Packet Pg.63 I I 8.C.b I the preceding calendar month. Each task shall be subject to review and approval by the Contract Administrator to determine acceptable completion. The Contract Administrator shall prepare a partial payment request document for the Consultant's acceptance. The Contract Administrator reserves the exclusive right to determine the amount of work performed and payment due the Consultant on a monthly basis. co All charges must be approved by the Contract Administrator prior to payment. to 3.0 GENERAL TERMS AND CONDITIONS w rn 3.1 CONTRACT ADMINISTRATOR co The Contract Administrator for the City shall be the Purchasing Agent in the Construction and Contracting Division or designee. The Contract Administrator shall oversee the o a. performance of this Contract, assist the Consultant in contacting members of the City, audit billings, and approve payments. The Consultant shall submit all reports and special requests through the Contract Administrator. p 3.2 TERM OF CONTRACT U to The Contract initial term is established for a term commencing on the date of execution and ending June 30, 2018, with automatic renewals, unless otherwise terminated by either party, for four (4) additional one-year terms. Consultant shall provide services under the contract for specific project assignments with a Task Order issued no later than the final day of the effective Contract terms. 3.3 TERMINATION OF CONTRACT 0 U The City has the right to terminate this Contract or abandon any portion of the project, which has not been performed by the Consultant. Termination for Convenience: City and Consultant reserve the right to terminate this re contract or any part hereof for its sole convenience with thirty (30) days written notice. In the event of such termination, Consultant shall immediately stop all work hereunder, E r and shall immediately cause any of its suppliers and Sub-consultants to cease such work. As compensation in full for services performed to the date of such termination, the Consultant shall receive a fee for the percentage of services actually completed. This fee shall be in the amount to be mutually agreed upon by the Consultant and the City, based on the agreed Scope of Work and the value to the City of the services completed. If there is no mutual agreement, the Contract Administrator shall determine the percentage of completion of each task detailed in the Scope of Work and the On-Call SCADA Improvements 3 Rottweiler Controls,LLC Contract No:31700019 I Packet Pg.64 I 8.C.b I Consultant's compensation shall be based upon such determination. The City shall make this final payment within sixty (60) days after the Consultant has delivered the last of the partially completed items. Consultant shall not be paid for any work done after receipt of the notice of termination, or for any costs incurred by Consultant's suppliers or Sub- consultants, which Consultant could reasonably have avoided. Termination for Cause: City may also terminate this contract or any part hereof with seven (7) days written notice for cause in the event of any default by the Consultant, or 3 if the Consultant fails to comply with any of the material terms and conditions of this c contract. By way of example and not limitation, unsatisfactory performance as judged by c U the Contract Administrator, and failure to provide City, upon written request, with a adequate assurances of future performance shall all be causes allowing City to terminate this contract for cause. In the event of termination for cause, City shall not be liable to to Consultant for any amount after the issuance of written notice, and Consultant shall be c liable to City for any and all damages sustained by reason of the default that gave rise to c y the termination. to co w 0 In the event Consultant is in violation of any Federal, State, County or City law, a regulation or ordinance, the City may terminate this contract immediately upon giving c) written notice to the Consultant. 0 a a In the event the City shall terminate this Contract or any part of the services as herein v provided, the City shall notify the Consultant in writing, and immediately upon receiving t!? such written notice, the Consultant shall discontinue advancing the work under this cl N. Contract and proceed to close said operations. r Upon such termination or abandonment, the Consultant shall deliver to the City all r drawings, special provisions, field survey notes, reports, and estimates, entirely or o partially completed, in any format, including but not limited to written or electronic co media,together with all unused materials supplied by the City. 0 c 0 C) The Consultant shall appraise the work it has completed and submit its appraisal to the d City for evaluation. 0 r 0 If through any cause, the Consultant shall fail to fulfill in a timely and proper manner its re obligations under this Contract, or if the Consultant shall violate any of the covenants, c agreements, or stipulations of this Contract, the City may withhold any payments to the s Consultant for the purpose of setoff until such time as the exact amount of damages due 0 the City from the Consultant is determined. a 3.4 FUNDS APPROPRIATION If the City Council does not appropriate funds to continue this Contract and pay for charges hereunder, the City may terminate this Contract at the end of the current fiscal On-Call SCADA Improvements 4 Rottweiler Controls,LLC Contract No:31700019 I Packet Pg.65 I I 8.C.b I period, or at the time that funds are no longer available to meet the City's payment obligations hereunder. The City agrees to give written notice of termination to the Consultant at least thirty (30) days prior to any termination for a lack of funds and will pay to the Consultant all approved charges incurred prior to Consultant's receipt of such notice, subject to the availability of funds therefore. 3.5 AUDIT to r U co The City may audit all of the Consultant's records, calculations, and working documents pertaining to this work at a mutually agreeable time and place. o U co a1 Consultant's records (hard copy, as well as computer readable data), and any other `—' supporting evidence deemed necessary by the City to substantiate charges and claims rn related to this contract shall be open to inspection and subject to audit and/or c reproduction by City's authorized representative to the extent necessary to permit g evaluation and verification of cost of the work, and any invoices, change orders, 0 co payments or claims submitted by the Consultant or any of his payees pursuant to the o execution of the contract. The City's authorized representative shall be afforded access, a co at reasonable times and places, to all of the Consultant's records and personnel pursuant to the provisions of this article throughout the term of this contract and for a p period of three years after last or final payment. Q 0 a U Consultant shall require all Sub-consultants, to comply with the provisions of this article t!? by insertion of the requirements hereof in a written contract agreement between 01 N. Consultant and payee. Such requirements will also apply to any and all Sub-consultants. r 11 co If an audit in accordance with this article, discloses overcharges, of any nature, by the Consultant to the City in excess of five percent (5%) of the total contract billings, the co actual cost of the City's audit shall be reimbursed to the City by the Consultant. Any to 72 adjustments and/or payments, which must be made as a result of any, such audit or inspection of the Consultant's invoices and/or records shall be made within a reasonable o amount of time (not to exceed 90 days) from presentation of City's findings to a) Consultant. ._ 0 3.6 OWNERSHIP OF PROJECT DOCUMENTS a) All documents, including but not limited to, field notes, design notes, tracings, data s compilations, studies, and reports in any format, including but not limited to, written or electronic media, which are prepared in the performance of this Contract will become Q and are the property of City, including all intellectual property rights and interests. On-Call SCADA Improvements 5 Rottweiler Controls,LLC Contract No:31700019 Packet Pg.66 I 8.C.b I 3.7 COMPLETENESS AND ACCURACY The Consultant shall be responsible for the accuracy of its work, including but not limited to, survey work, reports, supporting data, and drawings, sketches, etc. prepared or compiled pursuant to this Contract and shall correct, at its expense, all negligent errors or omissions therein which may be disclosed. The cost necessary to correct those errors attributable to the engineering errors shall be chargeable to the Consultant. Additional construction added to the project shall not be considered the responsibility of the t Consultant unless the need for same was created solely by any negligent error, omission, c or negligent act of the Consultant and does not result in a betterment to the City. The 0 o fact that the City has accepted or approved the Consultant's work shall in no way relieve 0 the Consultant of any of its responsibilities. Z 0 to 3.8 ATTORNEY'S FEES 0 c 0 N In the event either party brings any action for any relief, declaratory or otherwise, 0 arising out of this Contract, or on account of any breach or default hereof, the prevailing o shall be entitled to receive from the other party reasonable attorneys' fees and a reasonable costs and expenses, which shall be deemed to have accrued from the c� commencement of such action. 0 Q 0 3.9 SUCCESSORS AND ASSIGNS a U to This Contract shall extend to and be binding upon the Consultant, its successors and el assigns, including any individual, company, partnership, or other entity with or into which the Consultant shall merge, consolidate, or be liquidated, or any person, corporation, partnership, or other entity to which the Consultant shall sell its assets. 0 U 3.10 ASSIGNMENT co 0 r c Services covered by this Contract shall not be assigned or subcontracted in whole or in o o part without the prior written consent of the Contract Administrator. a� .al 3.11 SUB-CONSULTANTS o re During the performance of the Contract, the Consultant may engage such additional d Sub-consultants as may be required for the timely completion of this Contract. The t addition of any Sub-consultants shall be subject to the prior approval of the City. 0 Z.(' In the event of subcontracting, the sole responsibility for fulfillment of all terms and conditions of this Contract rests with the Consultant. On-Call SCADA Improvements 6 Rottweiler Controls,LLC Contract No:31700019 I Packet Pg.67 I 8.C.b 3.12 ALTERATIONS OR ADDITIONS TO SCOPE OF SERVICES The total scope of Services to be performed in accordance with this Contract is set forth herein. Services, which are not included in this Contract, will be considered Additional Services. The Consultant shall not perform these Additional Services without written authorization in the form of an approved Change Order from the City. 3.13 MODIFICATIONS Tir to C Any amendment, modification or variation from the terms of this Contract shall be in 0 writing and shall be effective only after approval of all parties signing the original d Contract. o to 3.14 CONFLICT OF INTEREST c 0 This Contract is subject to cancellation pursuant to the provisions of A.R.S. 38-511. d w 0 L 3.15 FORCE MAJEURE a— ni U Neither party shall be responsible for delays or failures in performance resulting from o acts beyond their control. Such acts shall include, but not be limited to, acts of God, Q 0 riots, acts of war, epidemics, governmental regulations imposed after the fact, fire, Q U communication line failures, power failures, or earthquakes. 0 M in 3.16 TAXES r 03 The fee listed in this Contract includes any and all taxes applicable to the activities hereunder. The City shall have no obligation to pay additional amounts for taxes of any co type. o L r c 3.17 ADVERTISING o U L d No advertising or publicity concerning the City using the Consultant's services shall be 3 undertaken without prior written approval of such advertising or publicity by the c Contract Administrator. re Y C 0 3.18 COUNTERPARTS E o II This Contract may be executed in one or more counterparts, and each executed a duplicate counterpart of this Contract shall be deemed to possess the full force and effect of the original. On-Call SCADA Improvements 7 Rottweiler Controls,LLC Contract No:31700019 I Packet Pg. 68 I I 8.C.b 3.19 ENTIRE AGREEMENT This Contract constitutes the entire understanding of the parties and no representations or agreements, oral or written, made prior to its execution shall vary or modify the terms herein. 3.20 ARIZONA LAW U) r co This Contract shall be governed and interpreted according to the laws of the State of c Arizona. 0 U 0 d 3.21 EQUAL EMPLOYMENT OPPORTUNITY 0 to The Consultant shall comply with Executive Order No. 11245, entitled "Equal c Employment Opportunity", as amended by Executive Order No. 11375, and as o supplemented in Department of Labor Regulations (41 CFR Part 60). w 0 3.22 NOTICES a— as U All notices or demands required to be given, pursuant to the terms of this Contract, shall p be given to the other party in writing, delivered by hand or registered or certified mail, a 0 at the addresses set forth below, or to such other address as the parties may substitute by written notice given in the manner prescribed in this paragraph. to P') in rs On behalf of the Consultant: Rottweiler Controls, LLC Jill Gontarz, Owner 3548 E. Mesquite Street 2 c Gilbert, AZ 85296 v P: (480) 241-0016 to 0 c On behalf of the City: Christopher Williams 0 U Manager, Contracting& Purchasing d City of Buckeye 3 510 East Monroe Avenue c Buckeye, AZ 85326 ce P: (623) 349-6174 a� F: (623) 349-6160 E c) co With a copy to: Gust Rosenfeld, P.L.C. a 201 E. Washington, Suite 800 Phoenix,AZ 85004-2327 Attention:Scott Ruby P: (602) 257-7993 F: (602) 254-4878 On-Call SCADA Improvements 8 Rottweiler Controls,LLC Contract No:31700019 I Packet Pg.69 I I 8.C.b I Notices shall be deemed received on date delivered if delivered by hand and on the delivery date indicated on receipt if delivered by certified or registered mail. 3.24 INDEPENDENT CONTRACTOR The services Contractor provides under the terms of this Contract to the City are that of 1/7 an Independent Contractor, not an employee, or agent of the City. The City will report tI ca the value paid for these services each year to the Internal Revenue Service (I.R.S.) using Form 1099. o U N d City shall not withhold income tax as a deduction from contractual payments. As a 0 result of this, Contractor may be subject to I.R.S. provisions for payment of estimated w cn income tax. Contractor is responsible for consulting the local I.R.S. office for current c information on estimated tax requirements. g to to 01 3.25 INDEMNIFICATION w° a To the fullest extent permitted by law, the Consultant, its successors, assigns and ci guarantors, shall indemnify and hold harmless City of Buckeye, its agents, p representatives, officers, directors, officials and employees for, from and against all o damages, losses, expenses, including but not limited to, attorney fees, court costs, and o the cost of appellate proceedings, to the extent caused by or resulting from any co negligent act or omission of Consultant in work or services performed under thisin Contract, including but not limited to, the negligent acts or omissions of any r Subcontractor or anyone directly or indirectly employed by any Subcontractor for whose acts Subcontractor may be liable including any injury or damages claimed by any c of Consultant's and Subcontractor's employees. o U N Any settlement of claims shall fully release and discharge the indemnified parties from any further liability for those claims. The release and discharge shall be in writing and 0 shall be subject to approval by the City, which approval shall not be unreasonably d withheld or delayed. 3 0 It is agreed that the Consultant's indemnity obligations under this agreement are cc triggered only if Consultant has notice of the allegations, demands, proceedings, suits, a actions, claims, damages, losses or expenses contemplated above. s 0 11 r Insurance provisions set forth in this agreement are separate and independent from the Q indemnity provisions of this paragraph and shall not be construed in any way to limit the scope and magnitude of the indemnity provisions. The indemnity provisions of this paragraph shall not be construed in any way to limit the scope and magnitude and applicability of the insurance provisions. On-Call SCADA Improvements 9 Rottweiler Controls,LLC Contract No:31700019 Packet Pg.70 I I 8.C.b I 3.26 E-VERIFY REQUIREMENTS To the extent applicable under Ariz. Rev. Stat. §41-4401, the Consultant and its sub- consultants warrant compliance with all federal immigration laws and regulations that relate to their employees and compliance with the E-verify requirements under Ariz. Rev. Stat. §23-214(A). The Consultant's or its sub-consultants' failure to comply with such warranty shall be deemed a material breach of this Agreement and may result in 15 the termination of this Agreement by the City. t c 0 U 3.27 PROHIBITION ON IRAN INVESTMENTS a t) As required by A.R.S §§35-391.06 and 35-393.06, Consultant certifies that it does not w co have a scrutinized business operation in either Sudan or Iran. c 0 3.28 COMPLIANCE WITH FEDERAL IMMIGRATION LAWS AND REGULATIONS 0 N w 0 Consultant warrants that it complies with all Federal Immigration laws and regulations a ca that relate to its employees and complies with A.R.S. § 23-214.A. Consultant o acknowledges that pursuant to A.R.S. § 41-4401 and effective September 30, 2008, a 0 breach of this warranty is a material breach of this contract subject to penalties up to 0 and including termination of this contract, and that the City retains the legal right to inspect the papers of any employee who works on the contract to ensure compliance co with this warranty. N. 3.29 ISRAEL 15 ra Pursuant to Arizona Revised Statute § 35-393.01, Consultant certifies that it is not o currently engaged in, and agrees for the duration of the Contract to not engage in, a 0 boycott of Israel. o c 0 U 3.30 COOPERATIVE PURCHASING a� 0 Specific eligible political subdivisions and nonprofit educational or public health A institutions ("Eligible Procurement Unit(s)") are permitted to utilize procurement r‘ Contracts developed by the City, at their discretion and with the Contract of the a awarded Vendor. Vendor may, at its sole discretion, accept orders from Eligible E Procurement Unit(s) for the purchase of the Materials and/or Services at the prices and 0 under the terms and conditions of this Contract, in such quantities and configurations as a may be agreed upon between the parties. All Cooperative procurements under this Contract shall be transacted solely between the requesting of the Eligible Procurement Unit. The exercise of any rights, responsibilities or remedies by Eligible Procurement Unit shall be the exclusive obligation of such unit. The City assumes no responsibility for payment, performance or any liability or obligation associated with any cooperative On-Call SCADA Improvements 10 Rottweiler Controls,LLC Contract No:31700019 I Packet Pg.71 I I 8.C.b I procurement under this Contract. The City shall not be responsible for any disputes arising out of transactions made by others. 4.0 INSURANCE A Standard Accord Certificate of Insurance is acceptable provided it is contains the additional language and deleted language as required in this contract. Failure to provide a Certificate of Insurance with the appropriate verbiage as required by this contract will 0 as result in rejection of the Certificate and delay contract execution. 0 U Additionally. Certificates of Insurance submitted without referencing a Contract a number will be subject to rejection and returned or discarded. w in 4.1 Insurance Representations and Reauirements 7a c 0 4.1.1 General: Consultant agrees to comply with all City ordinances and state and federal laws a and regulations. o a Without limiting any obligations or liabilities of Consultant, Consultant shall purchase ci and maintain, at its own expense, hereinafter stipulated minimum insurance with p insurance companies duly licensed by the State of Arizona (admitted insurer) with an AM c Best, Inc. rating of B ++ 6 or above or an equivalent qualified unlicensed insurer by the State of Arizona (non-admitted insurer) with policies and forms satisfactory to City of u) Buckeye. Failure to maintain insurance as specified may result in termination of this e) Contract at City of Buckeye's option. 4.1.2 No Representation of Coverage Adequacy: By requiring insurance herein, City of co" Buckeye does not represent that coverage and limits will be adequate to protect 0 U Consultant. City of Buckeye reserves the right to review any and all of the insurance y policies and/or endorsements cited in this Contract but has no obligation to do so. Failure to demand such evidence of full compliance with the insurance requirements set 0 U forth in this agreement or failure to identify any insurance deficiency shall not relieve L. Consultant from, nor be construed or deemed a waiver of, its obligation to maintain the '3 required insurance at all times during the performance of this Contract. o cc 4.1.3 Additional Insured: All insurance coverage and self insured retention or deductible c portions, except Workers Compensation insurance and Professional Liability insurance if E applicable, shall name, to the fullest extent permitted by law for claims arising out of the .03 performance of this contract, City of Buckeye, its agents, representatives, officers, Q directors, officials and employees as Additional Insured as specified under the respective coverage sections of this agreement. 4.1.4 Coverage Term: All insurance required herein shall be maintained in full force and effect until all work or services required to be performed under the terms of subject contract is On-Call SCADA Improvements 11 Rottweiler Controls,LLC Contract No:31700019 I Packet Pg.72 I I 8.C.b satisfactorily performed, completed and formally accepted by the City of Buckeye, unless specified otherwise in this Contract. 4.1.5 Primary Insurance: Consultant's insurance shall be primary insurance as respects performance of subject contract and in the protection of City of Buckeye as an Additional Insured. 4.1.6 Claims Made: In the event any insurance policies required by this Contract are written on a "claims made" basis, coverage shall extend, either by keeping coverage in force or r purchasing an extended reporting option, for three (3) years past completion and acceptance of the work or services evidenced by submission of annual Certificates of d Insurance citing applicable coverage is in force and contains the provisions as required herein for the three year period. 4.1.7 Waiver: All policies, except Professional Liability insurance, shall contain a waiver of rights of recovery (subrogation) against City of Buckeye, its agents, representatives, officials, directors, officers, and employees for any claims arising out of the work or services of Consultant. Consultant shall arrange to have such subrogation waivers a incorporated into each policy via formal written endorsement thereto. tti 0 4.1.8 Policy Deductibles and or Self Insured Retentions: The policies set forth in these requirements may provide coverage, which contain deductibles or self insured retention amounts. Such deductibles or self insured retention shall not be applicable with respect to the policy limits provided to City of Buckeye. Consultant shall be solely responsible for any such deductible or self insured retention amount. City of Buckeye, at its option and cost, may require Consultant to secure payment of such deductible or self insured retention by a surety bond or irrevocable and unconditional Letter of Credit. 0 4.1.9 Use of Sub-consultants: If any work under this agreement is subcontracted in any way, Consultant shall execute written agreement with Subcontractor containing the same Indemnification Clause and Insurance Requirements set forth herein protecting City of Buckeye and Consultant. Consultant shall be responsible for executing the agreement d with Subcontractor and obtaining Certificates of Insurance verifying the insuranceCD requirements. 4.1.10 Evidence of Insurance: Prior to commencing any work or services under this Contract, Consultant shall furnish City of Buckeye with Certificate(s) of Insurance, or formal s endorsements as required by this Contract, issued by Consultant's insurer(s) as evidence that policies are placed with acceptable insurers as specified herein and provide the required coverage(s), conditions, and limits of coverage specified in this Contract and that such coverage and provisions are in full force and effect. If a Certificate of Insurance is submitted as verification of coverage, City of Buckeye shall reasonably rely upon the Certificate of Insurance as evidence of coverage but such acceptance and reliance shall not waive or alter in any way the insurance requirements or obligations of On-Call SCADA Improvements 12 Rottweiler Controls,LLC Contract No:31700019 I Packet Pg.73 I 1 8.C.b I this agreement. Such certificates shall identify the Contract work number and be sent to the designated City of Buckeye Contract Administrator. If any of the above cited policies expire during the life of this Contract, it shall be Consultant's responsibility to forward renewal Certificates within ten (10) days after the renewal date containing all the aforementioned insurance provisions. Certificates shall specifically cite the following provisions: 1. City of Buckeye, its agents, representatives, officers, directors, officials and 5 employees is an Additional Insured as follows: c 0 U a) Commercial General Liability- Under ISO Form CG 20 10 11 85 or equivalent. b) Auto Liability- Under ISO Form CA 20 48 or equivalent. 0 c) Excess Liability- Follow Form to underlying insurance. rn To 2. Consultant's insurance shall be primary insurance as respects performance of o y subject contract. 16. 3. All policies, except Professional Liability, waive rights of recovery (subrogation) a. co against City of Buckeye, its agents, representatives, officers, directors, officials 0 and employees for any claims arising out of work or services performed by o Consultant under this contract. a c a U 4. Certificate shall cite a 30 day advance notice cancellation provision. If ACORD to Certificate of Insurance form used, the phrases in the cancellation provision cl "endeavor to" and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives" shall be 7.5 deleted. Certificate forms other than ACORD form shall have similar restrictive r c language deleted. . co 0 4.2 Reauired Coverage c 0 U 4.2.1 Commercial General Liability: Consultant shall maintain "occurrence" form Commercial d General Liability insurance with an unimpaired limit of not less than $1,000,000 for each '3 occurrence, $2,000,000 Products and Completed Operations Annual Aggregate, and a o $2,000,000 General Aggregate Limit. The policy shall cover liability arising from premises, operations, independent Consultants, products-completed operations, d personal injury and advertising injury. Coverage under the policy will be at least as E broad as Insurance Services Office, Inc. policy form CG 00 010 93 or equivalent thereof, 0 r including but not limited to, separation of insureds clause. To the fullest extent allowed a by law, for claims arising out of the performance of this contract, the City of Buckeye, its agents, representatives, officers, directors, officials and employees shall be cited as an Additional Insured under Insurance Service Offices, Inc. Commercial General Liability Additional Insured Endorsement form CG 20 10 11 85, or equivalent, which shall read "Who is an Insured (Section II) is amended to include as an insured the person or On-Call SCADA Improvements 13 Rottweiler Controls,LLC Contract No:31700019 I Packet Pg.74 I I 8.C.b I organization shown in the Schedule, but only with respect to liability arising out of"your work" for that insured by or for you." If any Excess insurance is utilized to fulfill the requirements of this paragraph, such Excess insurance shall be "follow form" equal or broader in coverage scope then underlying insurance. 4.2.2 Professional Liability: If the Contract is the subject of any professional services or work, or if Consultant engages in any professional services or work adjunct or residual to performing the work under this Contract, Consultant shall maintain Professional Liability insurance covering errors and omissions arising out of the work or services performed by Consultant, or anyone employed by Consultant, or anyone for whose acts, mistakes, errors and omissions Consultant is legally liable, with liability insurance limit of $1,000,000 each claim and $2,000,000 all claims. In the event the Professional Liability E insurance policy is written on a "claims made" basis, coverage shall extend for three (3) years past completion and acceptance of the work or services, and Consultant shall be a required to submit Certificates of Insurance evidencing proper coverage is in effect as required above. 4.2.3 Vehicle Liability: Consultant shall maintain Business Automobile Liability insurance with a a limit of $1,000,000 each occurrence on Consultant's owned, hired, and non-owned c vehicles assigned to or used in the performance of the Consultant's work or services 0 under this Contract. Coverage will be at least as broad as Insurance Services Office, Inc. coverage code "1" "any auto" policy form CA 00 01 12 93 or equivalent thereof. To the fullest extent allowed by law, for claims arising out of the performance of this contract, the City of Buckeye, its agents, representatives, officers, directors, officials and ti employees shall be cited as an Additional Insured under Insurance Service Offices, Inc. Business Auto policy Designated Insured Endorsement form CA 20 48 or equivalent. If any Excess insurance is utilized to fulfill the requirements of this paragraph, such Excess insurance shall be "follow form" equal or broader in coverage scope then underlying U insurance. 0 4.2.4 Worker's Compensation Insurance: Consultant shall maintain Workers Compensation 0 insurance to cover obligations imposed by federal and state statutes having jurisdiction of Consultant's employees engaged in the performance of work or services under this Contract and shall also maintain Employers Liability Insurance of not less than $500,000 for each accident, $500,000 disease for each employee and $1,000,000 disease policy limit. E 4.2.5 Umbrella/Excess Liability: Umbrella/Excess Liability insurance with a limit of not less than r $2,000,000 per occurrence combined limit Bodily Injury and Property Damage, that "follows form" and applies in excess of the Commercial General Liability, Automobile Liability, and Employer's Liability, as required above. On-Call SCADA Improvements 14 Rottweiler Controls,LLC Contract No:31700019 I Packet Pg.75 I 8.C.b I 5.0 SOFTWARE LICENSES • As to all software licenses provided to the City as part of Consultant's obligations under this Contract,the following provisions apply: 5.1 SOURCE CODE AVAILABILITY 5.1.1 Consultant shall furnish City, without charge, a single copy of the Source Code for the 0' as Software immediately upon the occurrence of any of the following: c 0 U 1. Consultant becomes insolvent; or a c> 2. Consultant ceases to conduct business; or w co 3. Consultant makes a general assignment for the benefit of creditors; or o N to 4. A petition is filed in Bankruptcy by or against Consultant. o a 03 5.1.2 Use of the Source Code shall be subject to the same restrictions as to which the ci Software itself is subject. 0 a 0 5.1.3 City shall have the right to modify Source Code in any manner it deems appropriate, a U provided that the Source Code as modified shall remain subject to the restrictions set t!? forth in 5.1.2 immediately above. cn N. 5.2 PROPRIETARY PROTECTION ti CZ .5 5.2.1 City acknowledges that to the extent Consultant advises the City that the Software is o confidential information or is a trade secret property of the Consultant, the Software is in thereby disclosed on a confidential basis under this Contract and is to be used only c pursuant to the terms and conditions set forth herein. o U m 5.2.2 Consultant shall not use or disclose any knowledge, data or proprietary information relating to City obtained in any manner whatsoever. o cc 5.2.3 To the extent permitted by Arizona Law, the parties agree, both during the term of this d Contract and for a period of seven (7) years after termination of this Contract and of all r licenses granted hereunder,to hold each others' confidential information in confidence. v IS The parties agree, unless required by government regulations or order of court, not to a make each others' confidential information available in any form to any third party or to use each other's confidential information for any purposes other than the implementation of this Contract provided, however, that if Consultant's confidential information is requested to be divulged under the provisions of the Arizona Public Records Act, A.R.S., Title 39, Consultant shall reimburse to City the full cost of City's On-Call SCADA Improvements 15 Rottweiler Controls,LLC Contract No:31700019 I Packet Pg.76 I 8.C.b I refusal to release the information, including costs of litigation, City's attorney fees, fines, penalties or assessments of opposing party's attorney fees. Each party agrees to take all reasonable steps to ensure that confidential information is not disclosed or distributed by its employees or agents in violation of the provisions of this Contract. 5.3 NON-INFRINGEMENT Consultant warrants that the Software provided hereunder does not and will not infringe IF upon or violate any patent, copyright, trade secret or other proprietary or property right r c of any person or entity. In the event of a claim against City asserting or involving such an 0 U allegation, Consultant will defend, at Consultant's expense, and will indemnify City and 0 hold City harmless against any loss, cost, expense (including attorney fees) or liability arising out of such claim, whether or not such claim is successful. In the event an to injunction or order should be obtained against use of the Software by reason of the c allegations, or if in Consultant's opinion the Software is likely to become the subject of g such a claim of infringement, Consultant will, at its option and its expense: (I) procure d for the City the right to continue using the Software; or (ii) replace or modify the same o so that it becomes non-infringing (such modification or replacement shall be functionally a os equivalent to the original); or (iii) if neither (i) nor (ii) is practicable, repurchase the Software on a depreciated basis utilizing a straight line five (5) year period, commencing 0 on the date of acceptance. a G a U 5.4 THIRD PARTY LICENSE to M in Consultant shall sublicense to City any and all third party Software required in the execution of this Contract. City reserves the right to accept or reject third party license terms. If City rejects the terms of a third party license, it shall be Consultant's al c responsibility to negotiate acceptable terms or to supply Software from another source 0 U with terms acceptable to City. City's acceptance of the third party license terms shall not rn be unreasonably withheld. ° c 0 U 6.0 SEVERABILITY AND AUTHORITY L. E 6.1 SEVERABILITY o cc If any term or provision of this Contract shall be found to be illegal or unenforceable, a then notwithstanding such illegality or unenforceability, this Contract shall remain in full E force and effect and such term or provision shall be deemed to be deleted. o Q2 6.2 AUTHORITY Each party hereby warrants and represents that it has full power and authority to enter into and perform this Contract, and that the person signing on behalf of each party has been properly authorized and empowered to enter this Contract. Each party further On-Call SCADA Improvements 16 Rottweiler Controls,LLC Contract No:31700019 I Packet Pg.77 I I 8.C.b I Mt FEE PROPOSAL 3548 E. Mesquite St. Gilbert,AZ 85296 iciontarz a(�rottweilercontrols.com Office: 480-241-0016 co r c Rottweiler Controls, LLC Hourly Rate Scheduled Fee: co to a) co • Regular Scheduled Service Fee (M-F) $125.00 hr. o c 0 • After Hours(6pm) &Weekends Service Fee $140.00 hr. a w 0 a • Emergency Service Fee (Same Day) $145.00 hr. — CO 0 c • Emergency Service After Hours (6pm)/Holidays Service Fee $150.00 0 a 0 a • Emergency Number After Hours 480-241-0016 or 480-241-0932 N co to N Phone Support: There is no charge for phone support. If a problem cannot be solved by t) phone, support personnel will be dispatched. . c 0 Travel and Expenses: Travel time is charged from the time our personnel leaves the office to 0 co the time they arrive on the job site. Travel expenses are charged as follow: o c 0 • Cost: Charge c.) Mileage: GSA Mileage °1 tii Materials: Cost plus 25% 0 cc • For Clients who prefer to work on a time and materials basis, please see the Hourly c Quotes listed above. E L V 2 r Q I Packet Pg. 78 I I 8.C.b acknowledges that it has read, understands, and agrees to be bound by the terms and conditions of this Contract. IN WITNESS WHEREOF, the City of Buckeye by its Manager onstruction and Contracting Division has hereunto subscribed his name this day of , 2017. in CITY OF BUCKEYE v ) CUAA4 d co Christopher A. Williams, Manager Contracting and Purchasing Division o O I- CONSULTANT: ROTTWEILER CONTROLS, LLC B / o Its: C� I S/1� • iY�_ i r- U rn U L. a) A re d c.) Q On-Call SCADA Improvements 17 Rottweiler Controls,LLC Contract No:31700019 Packet Pg.79 I I 8.D ('ITVor PRESCOTT f=1' "/7-ei ;/I1(9,1(1`'"'" COUNCIL AGENDA MEMO MEETING DATE/TYPE: VOTING MEETING 11-28-17 DEPARTMENT: Public Works AGENDA ITEM: Approval to purchase an Oce Colorwave 500 Printer/Scanner and associated software, in an amount not to exceed $27,201.90. Funding is available in the Water, Wastewater and Streets Funds. FUNDING SOURCE: Streets Fund, Wastewater Fund, Water Fund Approved By: Michael Lamar, City Manager Item Summary This item is for the purchase of a new Oce Plotwave and associated software for printing, copying and scanning of large-scale documents in an amount not to exceed $27,201.90. Background The Public Works Department currently has a Canon 755, large-scale plotter and scanner that prints, copies and scans documents up to 36" by 48" in size. The existing plotter uses ink, which is much more expensive than toner, and as a result is primarily used for its scanning capabilities. Due to the high cost of printing, as well as the slow printing speed of the Canon 755, large-scale printing for Capital Improvement Projects and the Engineering Division is currently outsourced. In addition to the Canon 755 plotter, the Department also has an Oce 7055 copier that is over 10 years old. The existing Oce copier is limited to copying only; it has no scanning or computer printing capability, and is no longer under a maintenance contract due to its age. The purchase of the Oce Plotwave will replace two existing plotter/copiers with one highly efficient unit within the Department. The Plotwave has new technology that allows for high quality printing, copying, and scanning in color and black and white. The use of toner decreases overall costs and increases production speed; additionally, it will scan large-scale documents up to 36" by 48". Maintenance and supplies for the new unit are more cost-effective for the department and will result in less projects being outsourced for reproduction. This purchase price is part of the National IPA contract for the County of DuPage, Illinois #CP-002-13. In addition to the bid pricing, the City will also receive a $5,000.00 credit for trade-in of the Canon 755 Plotter. I Packet Pg.80 I I 8.D 1 AGENDA ITEM: Approval to purchase an Oce Colorwave 500 Printer/Scanner and associated software, in an amount not to exceed $27,201.90. Funding is available in the Water, Wastewater and Streets Funds. Financial Impact The purchase of the Oce Plotter was budgeted in FY18 in the Water, Wastewater and Street funds. Monthly maintenance fees were budgeted in the operating budget for $169.00 per month. Attachments 1. CW500 Deal Worksheet 2. City of Prescott Engineering Services - Cash Purchase Customer Agreement Recommended Action: MOVE to approve the purchase of the Oce Plotwave 500 scanner/printer and associated software, in an amount not to exceed $27,201.90. 2 Packet Pg.81 Deal Worksheet Page 1 of 3 Z018- 12 � 8.D.a Deal Worksheet (** CSA Confidential Only **) Deal/Offer 444545-6 Order Rep Name: Sean Sold-To Name: CITY OF PRESCOTT Number: Comstock City of Prescott-Engineering Order Rep 430 N VIRGINIA ST,PRESCOTT,AZ Deal Name: Services(Purchase) Number: 5494 Sold-To Address: 86301-2636 Offer Name: CW500 2R MFP Purchase Business Unit: TD Channel Info: Direct(PS) Transaction Sale Product Cash $24,933.00 Service Frequency: Monthly Type: Price: Lease N/A Amount Not N/A Allowance Frequency: Monthly Frequency: Financed: Lease Term/ N/A Other Financed N/A Service Coverage 12 Delay: Items*: Term: Lease Payment N/A Total Financeable: N/A Service Payment: $169.00 Bundled N/A Down Payment: N/A Payment: Lease Type: N/A Amount Financed: N/A Standard Lease Pmt FMV:12($0.00),24($0.00),36($0.00), Scenarios: 48($0.00),60($0.00) Service Payment Stream 1 r Plan Addtl Clicks Addtl LI After-Hrs Zone G Monthly Scenario I Base I Chg I Svc ( Premium I Premium Total a 12/01/2017-02/28/2018 01-03 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 V 03/01/2018-11/30/2018 04-12 $159.00 $0.00 $10.00 $0.00 $0.00 $169.00 0 46 d Configurationo -C Per Unit Pricing I Extended Pricing opo Description Item Item Periodic P List Total II Action Number List Price Adj Price Proposed I Charges IOty Price I Price I Price U, ti Solution:CW500:SCEXP3-ColorWave 500 w/Scanner Express III(Quantity:1,New Placement) l. Configuration: CW500-ColorWave 500 Printer(Product Condition:New) rD A *ColorWave 500 Add *0051C001 $26,995.00$26,995.00$13,096.00$1,534.00 1 $26,995.00$14,630.00 $119.00 d ColorWave 500 License Add 0054C009 $1,575.00 $1,575.00 $1,450.00 $0.00 1 $1,575.00 $1,450.00 $0.00 N ColorWave 500 Install Kit Add 9712276 $795.00 $795.00 $695.00 $0.00 1 $795.00 $695.00 $0.00 G Initial Supply CW Add INTSUP2 $0.00 $0.00 $0.00 $0.00 1 $0.00 $0.00 $0.00 Initial Supplies Add 45-9400A $40.00 $40.00 $40.00 $0.00 1 $40.00 $40.00 $0.00 ColorWave 500 Initial Supplies Kit A Add 9713362A $40.00 $40.00 $40.00 $0.00 1 $40.00 $40.00 $0.00 7 d ColorWave 500 700 CAD Kit Add 9712281 $219.00 $219.00 $219.00 $0.00 1 $219.00 $219.00 $0.00 CI Rear Cover Scanner Add 0053C005 $185.00 $185.00 $160.00 $0.00 1 $185.00 $160.00 $0.00 O O Receiving Rack Add 0053C011 $0.00 $0.00 $0.00 $0.00 1 $0.00 $0.00 $0.00 to CW500 Postscript/PDF Add 0054C001 $2,395.00 $2,395.00 $1,895.00 $0.00 1 $2,395.00 $1,895.00 $0.00 V Color IPak Add 61540111P $2,094.00 $2,094.00 $1,675.00 $0.00 1 $2,094.00 $1,675.00 $0.00 a.; 2 Help Desk Incidents(Only w/HMA or SMA) Add 9713088 $0.00 $0.00 $0.00 $0.00 1 $0.00 $0.00 $10.00 C 0) Miscellaneous Items Additional Delivery/Removal Add N/A $0.00 $250.00 $0.00 $0.00 1 $0.00 $0.00 $0.00 u V 03 Trade-Ins Q Canon iPF 755( )-Sales Discount/Trade-In Amount of($5,000.00) $0.00 $0.00 $0.00 $0.00 1 $0.00 $0.00 $0.00 Service-Square Foot Plan,Coverage Info:1x5 M-Fr 8-5pm 1-3 Months, Standard Warranty,Total,Unlimited 1 $0.00 $0.00 4-12 Months, Standard Maintenance,Square Foot Plan,0/Monthly With$0.04400 Excess Per Square Foot 1 $0.00 -- Configuration Sub-Total $34,338.00$20,804.00 $129.00 Configuration: SCEXP3-Scanner Express III(Product Condition:New) *Scanner Express III Add *878213004 $5,000.00 $5,000.00 $3,400.00 $234.00 1 $5,000.00 $3,634.00 $40.00 B Service-Coverage Info:1x5 M-Fr 8-5pm 1-3 Months, Standard Warranty,Meter N/A,Unlimited 1 $0.00 $0.00 4-12 Months, Standard Maintenance,Meter N/A,Unlimited 1 $0.00 - Configuration Sub-Total $5,000.00 $3,634.00 $40.00 Solution Total $39,338.00$24,438.00 $189.00 I Packet Pg.82 I http://apps.ad3.cusa.canon.com/dealconfig/orderfill/DealWorkSheet.aspx?prid=444545&... 11/14/2017 Deal Worksheet Page 2 of 3 8.D.a I Shiooina Information Address:CITY OF PRESCOTT-430 N VIRGINIA ST, PRESCOTT,AZ 86301-2636(0000556893)-Service Zone:1-Rowitsch,Gwen,928-777-1368 C 4) r O E. a1 V 0 46 0) IA CO t 2 7 a a 1n ti 46 a) z U) Y O To 0,1 C O O in U 3.: c 4) E t t.) iv Z Q I Packet Pg.83 I http://apps.ad3.cusa.canon.com/dealconfig/orderfill/DealWorkSheet.aspx?prid=444545&... 11/14/2017 Deal Worksheet Page 3 of 3 I 8.D.a I Item Item Per Unit Pricing I Extended Pricing Description Action Number List AdJ Proposed I DM Charges Item List Total Periodic Price Price Price Qty Price Price Maint.Price Solution:DPMNGRLT-Direct Print(10 Seats)(Quantity:1,New Placement) Configuration: DPMNGRLT-Direct Print(10 Seats)(Product Condition:New) C *Direct Print Add *9712263 $495.00 $495.00 $495.00 $0.00 1 $495.00 $495.00 $0.00 Direct Print Lite CD Add 9712275 $0.00 $0.00 $0.00 $0.00 1 $0.00 $0.00 $0.00 Service-Coverage Info:1 x5 M-Fr 8-5pm 1-3 Months, Standard Warranty,Meter N/A,Unlimited 1 $0.00 $0.00 4-12 Months, Service Term Gap,Meter N/A 1 $0.00 $0.00 Service Term Gap Configuration Sub-Total $495.00 $495.00 $0.00 Solution Total $495.00 $495.00 $0.00 Shiooina Information Address:CITY OF PRESCOTT-430 N VIRGINIA ST,PRESCOTT,AZ 86301-2636 6. (0000556893)-Service Zone:1-Rowitsch,Gwen,928-777-1368 Deal Final Total $39,833.00 G o_ 0 N 10 O. as a> 16 177, at 0 t to z I Packet Pg.84 I http://apps.ad3.cusa.canon.com/dealconfig/orderfill/DealWorkSheet.aspx?prid=444545&... 11/14/2017 8.D.b I Canon Solutions America , Inc . Customer Agreement Division: WFPS Contract No: Order Type: Sale Agreement No: 444545-06 Hardware/Software Rep No: 5494 Customer's Sold To Address I Customer's Ship To Address a- Company Name: CITY OF PRESCOTT PUBLIC WORKS ENGINEERING DEPARTME Company Name: --See Site Surveys-- W DBA: DBA: O Et-. Contact Name: Gwen Rowitsch C Type of Entity: C..)❑Corporation Partnership ['Sole Proprietor ❑LLC (check one) Contact Name: Address: 430 N VIRGINIA ST Address: O d Address: Address: co City: PRESCOTT County: YAVAPAI City: County: .0 V State: Az Zip: 86301.2636 Phone: 928-777-1368 State: Zip: Phone: 3 Product/Equipment Supplies Description Requested Sty List Price Pre- warranty Trade-in/ Installation/ Addenda Totals total Net Price 0.(Include serial numbers and meter counts when required) Delivery I pack I (aor Days) I Discount I Delivery A CW500 12/15/2017 1 1 90 I I Included $20,804.00 0 B SCEXP3 I 1 90 I I Included $3,634.00 C DPMNGRLT 11 I 90 I I I $495.00 D 1 I I I I E tv Billing Frequency I Agreement Term Intro or Equipment Rental Data I Special Delivery Charges E Minimum Rental Payment Initial Term Minimum Payment Cost per Copy I Excess Rigging d 9 I Total (Exclusive a Sales/Use Tax a Mach $24,933.00 Q Minimum Maintenance Payment Payment No. To Trade in Equip I PO Required I K-16 Summer Shut-Off(DPS Only) G1 Monthly Payment No. To ®Yes 0 No ®Yes 0 No E Copy Allowance Payment No. To Tax Exempt I Supplies Incl. .,0., Monthly Payment No. To ❑Yes 0 No I ❑Yes ®No 7 Service(Also used for Rental Copy Allowances/Charges.) 0 Number of Square Foot/Linear Foot/SmartClick/CopiesService Service Excess Meter Charge/SmartClick Charge Service Pricing Fixed • CD I Allowance I Zone Charge Addend (copies wiu be bitted separately) N A B&W 0 Clr 0 Scan 0 I Square Foot 11 I $129.00 I I B&W 0.04400 Clr Scan 0 I Dyes 0 No Months t B B&W Unlimited Clr 0 Scan 0 I 11 I $40.00 I I B&W 0 Clr Scan 0 Oyes 0 No Months6. C B&W Clr Scan I I I I B&W Clr Scan I Oyes 0 No Months la D B&W Clr Scan I I I I B&W Clr Scan Oyes ❑No Months S Acceptance Optional Service . CO Customer Signature acknowledges receipt of 4 (#)documents(See documents listed below) After Hours Addt'l Service. I 0 which are incorporated into this document by reference. Coverage Opt.Coverage Charge Call Out Charge r DOCUMENT NAME REV. AI Dyes 0 No I I I tn Document Acceptance Agreement 12/12 BI Oyes 0 No I I V Customer Agreement Terms and Conditions 12/12 CI ❑Yes 0 No I I CSA/Competitive Trade In Agreement 12/12 DI Dyes 0 No I I d Site Survey Comments N Contract Compliance Code'999-N/A-NA tT C The National IPA Contract:CP-002-13 terms and conditions supersede the Canon Solutions w d America terms and conditions C) C A$5.000 Trade-In Discount is being extended for the Trade-In of existing current Canon iPF 755. .6., This Trade-In Discount brings the sale price of the CW500 Pinter with Scanner to a total sale price C of$24.933 before taxes for the order. When applying the local tax rate of 9.10%(customer W supplied)the total sale price is$27,202 r O Coverage Info(CW5001-1x5 M-Fr 8-5pm V Coverage Info(SCEXP3/'.1x5 M-Fr 8-5pm d Coverage Info i DPMNGRLT) 1x5 M-Fr 8-5pm I. O. w 'Full Site Survey must be completed by our Service Team and signed by the Customer 0 (representative must schedule this event for the immediate future and coordinate activities). T a. 'Site Preparation and Site Rigging charges are the responsibility of the Customer. 0 a.i C d Customer Authorized Signature CSA Authorized Signature , E v Customer Name: Date: . co Authorized Signature: Accepted by: • Q Name(print): Name(print): • Title: Date: State of Organization: Canon Solutions America,Inc.•5450 N.Cumberland Avenue•Chicago,IL 60656 I Packet Pg.85 I FEIN/SSN I 8.D.b By execution hereof, the signer certifies that (s)he has read the entire Agreement, that CSA or its representatives have made no agreements or i representations except as set forth herein and that(s)he is duly authorized to execute the Agreement on behalf of Customer. Form#USA9500 rev 12/17/1 ►. a) a+ 4- 0 F. a> u 0 46 a) co c.) a O. nt in r- T .5 C a> E a> a, 0)L Q L Ca, E 0 N c 0 a) U) c0 L C) I- a a s co co U in a) u a) N a) c a) am c a) c W .. r 0 u) 0 I- a w 0 t. U r c a) E ca r QY Packet Pg.86 1 I 8.D.b Canon Canon Solutions America , Inc . saurossAmoKA Document Acceptance Agreement Agreement No: 444545-06 Customer's Sold To Address Customer's Ship To Address Company Name: CITY OF PRESCOTT PUBLIC WORKS ENGINEERING DEPARTME Company Name: --See Site Surveys-- d DBA: DBA: O Contact Name: Gwen Rowitsch Contact Name: Address: 430 N VIRGINIA ST Address: O Address: Address: G City: PRESCOTT County: City: County: State: AZ Zip: 86301-2636 Phone: 928-777-1368 State: Zip: Phone: a a a ti d E m a) rr a r_ m E O r z • U Acceptance at Customer Signature acknowledges receipt of (#)documents(See documents listed below), t4 which are incorporated into this document by reference. L DOCUMENT NAME REV. CSA/Competitive Trade In Agreement 12/12 Site Survey a N t6 U N t� C, Cr) a) C 'L d d C a, Customer Authorized Signature Sales Manager Acknowledgement W O Company Name: Name: Oce Authorized Signature Q. Authorized Signature: O Name(Please Print): Date: U Title: Date: Accepted by VP: c N Name(Please Print): E t CUSTOMERS REPRESENTATIVE WARRANTS THAT HE/SHE IS DULY AUTHORIZED TO EXECUTE THIS I THIS CUSTOMER AGREEMENT IS ONLY BINDING UPON SIGNATURE OF AN AUTHORIZED One North America, AGREEMENT ON BEHALF OF CUSTOMER AND THE AGREEMENT IS BINDING ON CUSTOMER. Inc.REPRESENTATIVE. THESE TERMS AND CONDITIONS SUPERCEDE ANY OTHER TERMS AND CONDITONS INCLUDING ANY TERMS AND CONDITIONS IN THE Q CUSTOMER'S PURCHASE ORDER TERMS AND CONDITIONS OR OTHER DOCUMENTS.CUSTOMER'S AUTHORIZED REPRESENTATIVE ACKNOWLEDGES HE/SHE HAS READ THESE TERMS AND CONDITIONS AND ACKNOWLEDGES THAT THESE TERMS AND CONDITIONS SUPERCEDE ANY OTHER TERMS AND CONDITIONS. Form#USA9500 rev 12/12 I Packet Pg.87 I Customer Aareement Terms and Conditions I 8.D.b I Common Terms 1.0 DEFINITIONS. a. Agreement means this Customer Agreement and all schedules,amendments,and/or addenda attached hereto or made a part thereof. b. Client Software means that portion of the Software that resides in,and operates on,the desktop or portable computers in use by Customer or third parties a which provides access to the Server Software and computer system resources shared and used by the Software. c. Confidential Information means Firmware, Software, Documentation,technical service manuals,service bulletins,databases, customer lists,pricing, resul discounts and/or such other information as is marked as"confidential"by a party hereto. d. Consulting Services means consulting provided by CSA as relates to the Firmware and/or Software.Consulting Services may be provided by CSA at any tit during the term of this Agreement. Consulting Services, if any,and the price therefore are set forth on the Customer Agreement Addendum or on a sepan statement of work signed by CSA and Customer. 0 e. Consumables means toner,developer,paper,photoconductor or ink,as the case may be to be used,in conjunction with or for the Equipment. f. Cover Sheet means the front page of this Agreement. a1 g. CSA means Canon Solutions America,Inc. 0 h. Customer means the business entity defined on the Cover Sheet. O i. Documentation means documents and other materials provided to Customer to support use of Product(s). j. Educational Services means training provided by CSA as relates to the Product(s),Firmware and/or Software. N k. Excess Charge means charges in Excess of the Square Foot/Linear Foot or SmartClick Allowance specifically set forth on the Cover Sheet. t I. Effective Date means(i)the date the installation is completed;or(ii)for Software which is not installed during the installation of the Equipment,the date t 2 Software is enabled or shipped;or(iii)in the case of conversions or trials,the date specified by CSA. in. Equipment means printing and/or scanning equipment,including accessories and ancillary equipment each and all of which is identified by model number on t CI:. Cover Sheet,excluding NOLI Products. �} n. Firmware means software embedded in Equipment in object code form,incidental to operation of the Equipment,licensed by the Equipment manufacturer ti Customer or for which CSA has the right to sublicense to Customer. S o. Implementation Services means services relating to the implementation of Firmware and/or Software and which are rendered at or about the time of Equipm( r installation and may include(but shall not be limited to)review of print applications,validation of hosts and network paths,validation of system configuration( C and overview of printer/server operation. Implementation Services acquired hereunder,if any,and the costs thereof are set forth on the Customer Agreem( Addendum. p. Installation means the Equipment is ready for commercial operation in accordance with manufacturer's published specifications. q. Installation Site means the Customer's "Ship To" address specified on the Cover Sheet and to which Customer requests that CSA ship the Equipment Q Software. Delivery will be made to the Installation Site. r. Maintenance means the repair and/or replacement of parts, subassemblies, and Firmware to keep the Product(s), and if applicable NC Products, in good working order per manufacturer's or CSA's written specifications, as the case may be,provided that repairs can be performed E the field. Parts required for repair may be used or remanufactured in accordance with CSA's specifications. Maintenance may be provided by C: N or a third party subcontracted by CSA. z s. :VOLT Products means Non-Oce Listed Items, which may include hardware, software(and specifically Third Party Software), equipment, supplies, servi, U warranty,network equipment and other items not listed in CSA's price list and as designated on the Customer Agreement Addendum. N t. Parts means all parts certified by CSA as meeting manufacturers'and/or CSA specification,as the case may be,and which are required to provide Maintenan c to Products. Such certification requirements shall be determined solely by CSA. r u. Product means Equipment,Consumables,Maintenance,Professional Services,Educational Services and Parts provided hereunder,excluding NOLI Products. 7 v. Professional Services means collectively Implementation Services, Educational Services and Consulting Services each of which as such services relate d Software acquired hereunder.Professional Services,if any,and the rates therefore,are specified in the Customer Agreement Addendum. w. Server Software means that portion of the CSA Software that resides in,and operates on,the computer systems of Customer which allow access by the Clit Software to shared computer system resources,including data files and databases. U x. Service Charges means charges invoiced by CSA for Maintenance Services and/or Software Support and or charges based on use. y. SmartClickTM means a CSA proprietary measurement derived from(1)the amount of toner used;plus(2)the area of media used,for each application printed to N the Equipment. z. Software means all computer software programs provided by CSA,whether embedded in Product(s)or provided via separate media or download;the Softwr includes,but is not limited to,Finnware,and Third Party Software and software that is set forth in the Customer Agreement Addendum. tY aa. Software Support means access to CSA support specialists for operator questions, installation support, explanation of Software features and functionali network connectivity questions, and other software support issues. Software Support includes making available updates, fixes, minor enhancements a C improvements to the current version of the Software and/or Finnware and correcting reproducible errors in Finnware or Software which errors are caused '1 defects in the software.Software Support does NOT include(i)administration of servers or database products;(ii)support of Firmware or Software installed y equipment using "beta" or operating systems not supported by CSA; (iii) resolution of network errors not directly related to Firmware or Software; or( C installation, setup or support of third party products not supported by CSA or software not acquired from CSA. Software Support does not include updat upgrades and new releases or versions of third party products sold with or used in conjunction with Software. W bb. Third Part'Software means software authored by third parties other than CSA and made available by CSA to Customer and which requires Customer to en r into a license agreement directly with the third party software provider. Third Party Software provided hereunder is set forth on the Customer Agreem( V Addendum. en L. 2.0 This Agreement governs the provision of Products and NOLI Products identified on the Cover Sheet and/or Customer Agreement Addendum and sh be in effect from the earlier to occur of: (i)the date the Agreement, signed by Customer, is countersigned by CSA; or, (ii)shipment of the Product;or, ( 0 performance of any Professional Services and/or Maintenance. Once this Agreement becomes effective and legally binding as set forth in this Section,it r non-cancelable. CSA has no responsibility for the decision or effect of the decision of Customer to acquire NOLI Products, even if CSA helps Custom identify, evaluate or select such NOLI Products. Customer and CSA shall sign a separate addendum ("Supplemental Agreement")in connection with tl purchase of such NOLI Products. C 3.0 EQUIPMENT. Products shipped hereunder, unless otherwise specifically set forth in the Cover Sheet or Customer Agreement Addendum may, in CSA's s( discretion,be New/Newly Manufactured,Factory Produced New Model,Like New,Remanufactured,Refurbished or Used. With respect to Wide Format Equipment,C may ship(at CSA's sole discretion)any Equipment type defined above."Factory Produced New Model"means Equipment that has been disassembled,cleaned,refinish( , inoperable components replaced with new or used components. Such Equipment is newly serialized Equipment with new features and/or functions. Customer is the fi Cr( user of this Equipment,which is fully tested to assure product performance and reliability specifications."Like New"means Equipment previously on trial,used as a des unit,shown at a trade show or equipment with nominal foot/copy count. All Like New Equipment has been maintained by CSA,has not been pre-owned by any other pa and has a nominal foot/copy count from a controlled pre-production environment."New/Newly Manufactured"means Equipment that is newly assembled and which in contain a limited number of used components that have been thoroughly inspected and tested to assure product performance and reliability specifications. "Refurbishe means Equipment that has been under CSA maintenance,has been tested to ensure full functionality and reliability to specifications."Remanufactured"means Equipm, that has been disassembled, cleaned,refinished, inoperable components replaced with new or used components and is fully tested to assure product performance ano Customer Agreement Terms and Conditions Form#USA9500 rev 12/18/12 I Packet Pg.88 I reliability specifications. Meters have been reset to zero."Used"means Equipment that has been maintained under CSA's authorized technical standards. Usl 8.D.b I is offered without warranty. 4.0 DELIVERY;RISK OF LOSS;INSURANCE. Delivery dates provided for by CSA are estimates only and CSA shall not be liable for delays in delivery due to cam— beyond CSA's reasonable control. Customer is responsible for freight,delivery and rigging charges unless otherwise agreed. Notwithstanding any other provision hen and in addition to Service Charges,CSA may assess a fuel surcharge("Fuel Surcharge")to offset increase in fuel expenses. Risk of loss shall pass to Customer up delivery to Customer's loading dock. From the time of shipment until Customer's payment obligations have been satisfied,Customer agrees (a)to give CSA pron written notice of any damage to or loss of the Equipment or any occurrence arising from the possession,use,or operation of the Equipment resulting in death,bodily injt or damage to property;and(b)to maintain,at its expense,comprehensive general liability and property insurance covering the Equipment in an amount at least equal to t Equipment purchase price. 5.0 TITLE;SECURITY INTEREST;TRADE-IN.Customer agrees to immediately notify CSA in writing of any change in Customer's name or address or jurisdiction g organization,or discontinuance of its place or places of business. Prior to payment being made in full,Customer shall not move the Products from the Installation S O without first obtaining prior written consent from CSA.Title to Products(except with respect to Software)shall pass to Customer upon payment in full. CSA shall retail O first priority security interest in the Products and all proceeds therefrom until all purchase payments due CSA have been made. As security for the payment of all amour V due to CSA,Customer hereby grants to CSA a purchase money security interest in the Products and all proceeds thereof(including insurance proceeds). To the extt 0 pennitted by applicable law,Customer hereby authorizes CSA to file with the appropriate governmental authorities any and all financing statements necessary to eviden w or perfect CSA's security interest in the Products including attachments,replacements,substitutions,modifications and additions thereto. Customer agrees to reimbu: O CSA upon demand for all costs incurred in connection therewith. Customer represents and warrants that any trade-in equipment is free and clear of all liens a N encumbrances of any kind and that marketable title shall vest in CSA upon CSA's receipt of the trade-in equipment. Customer shall be responsible for related frei€ charges and trade-in equipment shall be packed in accordance with the manufacturer's specifications. ` 6.0 INSTALLATION AND SITE PREPARATION.CSA shall install the Equipment at the Installation Site. In no event shall Installation be later than thirty(30)do 0- after delivery of the Equipment,except if delay is due solely to CSA. Customer shall be ready to timely receive the Equipment and shall have the area at the Installati Site prepared and ready to receive the unit of Equipment or the Software in accordance with CSA's power,environmental and other requirements prior to its delive to including providing adequate power,analog phone line(s)and computers and/or network connection(s)(if required for the unit of Equipment),lighting,humidity.HVA and security. Installation services may be provided by an independent contractor at CSA's discretion. Installation services include uncrating,unpacking,connection peripherals, power, communication and other utilities, and rendering the Equipment or Software ready for use. All site preparation, including electrical wiring, C conditioning and necessary permits or approvals, is Customer's responsibility. Unless otherwise specified in the Cover Sheet and/or Customer Agreement Addendu Customer operator training is available from CSA at its training rate in effect at the time of such training pursuant to Section 24.0.Customer must complete a CSA s survey, or equivalent CSA form, prior to installation of any Equipment or Software that will be connected to Customer's computer network. In reliance on tl information,CSA will either proceed with the installation,or advise Customer of potential problems that may limit functionality. If such survey has been completed a to delivered to CSA,or if there are any changes to Customer's computer network or software,any attempts by CSA to remedy such problems will be at its standard chart < then in effect,and CSA makes no representation or warranty that it can remedy such problems `) E 7.0 PAYMENT AND TAXES.Payment of the purchase price and other charges is due thirty(30)days from the date invoiced. Service Charges are billed for full mot 2, periods. If Equipment is installed on other than the first of the month,then Service Charges shall be pro-rated from the install date to the end of the month;in addition, charges shall be charged based on the meter read for the same period. Once per twelve month period,CSA may adjust pricing for Maintenance Service Charges,or a component thereof,supplies and other materials,by a maximum of fifteen percent(15%). Customer shall pay on demand a late fee equal to the lesser of 1.5%per month y the maximum rate pennitted by law,on all overdue payments whether such payments are due prior to or after a notice of default. All payments shall be made at the off. 2 of CSA set forth above,or at any other place designated by CSA. Customer shall pay or reimburse CSA for all costs of collection(including reasonable attorneys'fe .0 litigation expenses and court costs)of any overdue amounts.Customer shall pay or reimburse CSA for all license fees,duties,privilege,sales,use,excise,stamp,and otl similar taxes and charges now or hereafter imposed upon this transaction or relating to the ownership,sale,use or operation of Equipment(exclusive of franchise taxes O a taxes based upon CSA's net income). r N 8.0 DEFAULT AND REMEDIES. ttf U a. Any of the following shall constitute a default by Customer("Default"): (i) failure to pay any amounts when due and such failure remains unremedied for ten(10)days from the due date;or, v (ii) failure to comply with any provisions or perfonn any of its obligations arising under this Agreement or under any other documents or agreements relating to this Agreement,and such failure remains unremedied by Customer for a period of twenty(20)days. w b. Upon Default,CSA may exercise any one or more of the following remedies(which remedies shall be cumulative): N (i) terminate this Agreement and/or any applicable Schedule; (ii) declare all amounts due from Customer immediately due and payable in full; (iii) secure peaceable repossession and removal of the Products by CSA or its agent without judicial process and sell or lease at such place as CSA m d d deem advisable and CSA may be the purchaser at any such sale; C (iv) require Customer to pay all expenses,including reasonable attorney fees and costs,in connection with the retaking,refurbishing, selling or th. O) like of the Products; W (v) exercise any other right or remedy available to it under the Uniform Commercial Code or any other applicable law or proceed by __ appropriate court action to enforce this Agreement or recover damages for breach thereof. To the extent permitted by applicable 0 law,Customer waives all rights it may have to limit or modify any of CSA's rights and remedies under this Agreement,including but to not limited to,any right to require CSA to dispose of the Products or otherwise mitigate its damages. a 9.0 WARRANTY.CSA warrants that on completion of Installation,Equipment will be(i)in material conformance with the manufacturer's published specifications,( qualified for CSA's standard maintenance services;(iii)free from material defects in workmanship and materials. All parts found to be defective during installation shall >, repaired or replaced at the option of CSA. All parts replaced under this warranty shall become the property of CSA. If a warranty period is marked on the Cover She then warranty shall continue from Installation for the period set forth on the Cover Sheet. Customer's sole and exclusive remedy for breach of the foregoing warranty sh U be to reject the Equipment and cancel the affected Equipment Schedule. In no event shall a breach of this warranty give rise to a claim for damages against CSA.CS! C obligation hereunder is limited to the repair or replacement(at CSA's option)of any Equipment,material or part which does not conform to this warranty. The warrar @1 set forth herein applies only to New/Newly Manufactured,Factory Produced New Models,Remanufactured or Refurbished Equipment and is conditioned upon Custon giving prompt notice to CSA of any discovered defects.CSA is not obligated by this warranty to perform repairs or parts replacement for defects or damage resulting whole or part from (i)alteration,relocation,repairs,or use of parts,software or services not provided by CSA or its authorized representative, (ii)accident,(iii)abu , willful misconduct,or negligence;(iv)the acts or omissions of Customer.The repair or replacement of expendable items(for example photoconductor drums,fuser rolle < and inkjet print heads)are not covered by this warranty or Maintenance. The foregoing examples do not comprise a complete list and expendables may vary on differ( products and CSA shall maintain the complete list of expendable items. THE WARRANTIES SET FORTH IN THIS AGREEMENT ARE IN LIEU OF ALL OTHI WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILIT NONINFRINGEMENT,AND FITNESS FOR A PARTICULAR PURPOSE. CSA provides no warranty for NOLI Products. For NOLI Products,Customer may recei a warranty directly from such product or software vendor. Customer Agreement Terms and Conditions Form#USA9500 rev 12/18/12 I Packet Pg.89 I 10.0 LIMITATION OF LIABILITY. EXCEPTING AS TO A VIOLATION OF THE SOFTWARE LICENSE TERMS HEREOF BY CUSTOMER, NEIT 8.D.b NOR CSA'S SUPPLIERS,SHALL BE LIABLE,WHETHER IN CONTRACT,TORT(INCLUDING NEGLIGENCE),STRICT LIABILITY OR ANY O THEORY, FOR LOSS OF USE, DATA, REVENUE OR PROFIT,OR FOR INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, LIQUIDATED, INCIDENTAL OR CONSEQUENTIAL DAMAGES,OR FOR ANY OTHER LOSS OR COST OF A SIMILAR 1 YPE,OR FOR DAMAGES SUFFERED OR CLAIMED TO HAVE BEE"' SUFFERED BY ANY THIRD PARTY INCLUDING CUSTOMERS OF CUSTOMER, EVEN IF SUCH PARTY WAS ADVISED OF THE POSSIBILITY OF TT OCCURRENCE OF SUCH DAMAGES. CSA'S MAXIMUM LIABILITY FOR ANY CLAIM FOR DAMAGES RELATING TO ITS PERFORMANCE OR NO PERFORMANCE UNDER THIS AGREEMENT SHALL BE LIMITED: (A) WITH REGARD TO EQUIPMENT, TO THE PURCHASE PRICE OF TI EQUIPMENT;(B)WITH REGARD TO SOFTWARE,TO THE LICENSE FEE OF THE SOFTWARE;(C)WITH REGARD TO MAINTENANCE,TO AN AMOU1 EQUAL TO TWELVE (12) MONTHS OF MONTHLY MAINTENANCE CHARGES FOR THE RELATED EQUIPMENT, SOFTWARE OR SERVICES GIVE` RISE TO SUCH DAMAGES; AND (D) WITH REGARD TO PROFESSIONAL SERVICES, TO THE AMOUNT PAID FOR THE PROFESSIONAL SERVICI GIVING RISE TO SUCH DAMAGES. w 11.0 INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS. CSA agrees to defend Customer against and hold Customer harmless from, claims, co: O (including reasonable and necessary attorney fees), damages, demands judgments and liabilities arising out the claims of third parties that a Product(t a specifically excluding Third Party Software and NOLI Products)infringes such third party's United States patent,copyright or other intellectual property ric v and CSA agrees to pay the resulting costs, damages and attorneys'fees finally awarded, provided that Customer promptly notifies CSA in writing of t 0 claim and fully cooperates with CSA and CSA has sole control of the defense and all related settlement negotiations. CSA's obligation under this Section O conditioned on Customer's agreement that if such Products (except Third Party Software or NOLI Products, or the use thereof), becomes, or in CS/ opinion is likely to become,the subject of such a claim, Customer shall permit CSA,at CSA's option and expense, either to procure the right for Custom y to continue using the Products or to replace or modify the Products so that it becomes non-infringing,and if neither of the foregoing alternatives is availat on terms which are reasonable in CSA's judgment, Customer shall return the Product upon the request of CSA. Upon such return, CSA shall refund t applicable Product purchase price paid by Customer, less depreciation deducted on a five year straight-line basis. CSA shall have no liability for any cla 3 based upon or any damages attributable to: (i)the combination,operation or use of the Equipment or Software with equipment or software not supplied a- authorized in writing by CSA; (ii) modification of the Equipment or Software; or(iii) Equipment or Software made pursuant to specifications furnished Customer. The foregoing states the entire obligation and liability of CSA with respect to infringement of patents, copyrights or other intellectual prope IA rights, Customer shall indemnify and hold CSA harmless from and against any liability and expense, including reasonable attorneys'fees incurred by C: in connection with any claim that the Equipment or Software, or any part thereof, custom made pursuant to specifications furnished by Customer infring any third party's patent,copyright or other intellectual property right. 12.0 CONFIDENTIALITY. Customer shall maintain the confidentiality of Confidential Information and shall not disclose any Confidential Information to a m third party without first having obtained the written approval of CSA. Customer shall not sell,transfer,distribute, disclose or otherwise make available tl ` Confidential Information to any third party and shall secure and protect it from disclosure and shall take such action as is necessary with its employe oI (including contractors and temporary help)and other persons permitted access to them to satisfy Customer's obligations hereunder. Neither party will u Q for any purpose, other than performing this Agreement, or disclose to any third party any trade secrets or non-public information of the other party or y affiliates including, but not limited to, marketing information and strategy, marketing models, product information, advertising and promotional copy, prici E information, financial information, customer lists, test results, and all other proprietary information, trade secrets and non-public information. The parti 2 agree to restrict circulation of all of such information within their own organization, except to the extent necessary to perform its obligations,and in no ca c will any disclosure be made to any third party, unless such disclosure is requested or required in any judicial or administrative proceeding or otherwi U required by law. Upon termination of this Agreement,Customer shall either(i)return all Confidential Information to CSA,including the Documentation,a w all copies thereof,or(ii)at CSA sole option, certify to CSA in writing that the Confidential Information, including the Documentation, and all copies there 2 has been destroyed. CSA makes no representations as to the destruction of Customer data on returned Equipment that contain Customer data,and sh . not otherwise be liable for failure to destroy such Customer data,or for the release of same. Any information on Equipment returned to CSA shall not e considered confidential or proprietary nor shall be subject to applicable agreement provisions pertaining to same. Security software/hardware on produc that do not contain standard hard disk drive overwrite capability may be available for purchase. This will enable the Customer to determine the level security required without intervention from CSA,and to complete erasing of data prior to pick-up. 13.0 NOTICES; CHANGES. Notices, requests or other communications shall be in writing and delivered by (a) United States first class mail, postal prepaid, and addressed to the other party at the address set forth on the face of this Agreement (or to such other address as such party shall ha U) designated by proper notice), (b) personal delivery or(c)commercial overnight delivery service. Such notices will be deemed to have been given on t v date when received or acceptance refused. Each party consents to service of process by certified mail at its address above(or such other address as E shall have designated by proper notice) in connection with any legal action brought by the other party. Customer authorizes CSA to fill in descripti w material in the Schedule(including serial numbers)and to correct any errors under the Agreement or Schedule. Upon reasonable notice,provided there no material adverse effect on performance, CSA shall have the right to change design, colors, materials or specifications of Equipment when it deer necessary. '� d d C Software License Terms W 14.0 SOFTWARE. In some cases CSA makes available to customers licenses of application software with or without third party support contracts. Su software shall be set forth on the Cover Sheet or Customer Agreement Addendum(the"Listed Software"). Customer is not acquiring title to or any inters in any Listed Software other than a license to use the Listed Software in conjunction with the Equipment. Listed Software is specifically set forth on t Cover Sheet and/or Customer Agreement Addendum. Software embedded in the Equipment is not specifically set forth on the Cover Sheet or Custom L Agreement Addendum. If Customer is licensing software that is authored by third parties(for example,Adobe or Onyx software), Customer will enter intc 'I- ncense agreement directly with the licensor of such software. This is typically done during installation and registration of the software. O U 15.0 FIRMWARE. The license for Firmware is incidental to the operation and use of the Equipment in which it is embedded and the use thereof is limited the Equipment in which the Firmware is embedded. Firmware support is provided as part of Maintenance. Customer must pay for Maintenance to recei d support for Firmware. If Customer discontinues paying for Maintenance, Customer will not receive support, modifications, updates or enhancements I t Firmware, however,Customer is permitted to use the Firmware solely with the Product(s)and"as is"with no obligation on the part of CSA with respect r, such use or maintenance. ca Product&Software Maintenance Terms The following Product and Software Maintenance Terms are only applicable if Maintenance is being purchased by Customer under this Agreement. Customer Agreement Terms and Conditions Form#USA9500 rev 12/18/12 I Packet Pg.90 I 16.0 MAINTENANCE TERMS AND CONDITIONS. Pricing and term for Maintenance purchased by Customer is set forth in the Cover Sheet anc� 8.D.b I Agreement Addendum. The following general terms and provisions apply to any and all Maintenance purchased hereunder: II a. CSA's standard preventive Maintenance services will be provided during CSA's standard business hours(Monday through Friday,8:30 AM to 5:00 PM loc"' time, excluding CSA recognized holidays). The length and frequency of periods of time required for preventive maintenance are determined by CS Preventive Maintenance means testing,adjusting,cleaning and replacement of components scheduled in accordance with the Equipment service specificatio Maintenance performed on weekends,holidays(if available)or between 5PM and 8:30AM(at Customer's request)shall be billed at CSA's holiday rates effect at the time of such service unless otherwise set forth in the Cover Sheet and/or Customer Agreement Addendum.Corrective Maintenance coverage will provided as is specifically set forth in the Cover Sheet and/or Customer Agreement Addendum. b. Engineering changes,including safety changes,shall be performed as deemed necessary by CSA. If CSA cannot perform a safety modification through no fa of CSA,or,if Customer refuses to permit installation of a safety change or removes any component deemed by CSA as integral to maintaining the safety oft Equipment,CSA may discontinue Maintenance for all Equipment until the problem as identified by CSA is remedied by Customer. c. CSA warrants that all material and parts furnished pursuant to its obligations to provide Maintenance hereunder will be in good working order at the time 0 Installation, and CSA's obligation is limited to the repair or replacement of any material or part which does not conform to this warranty. CSA is i d responsible for repairing or replacing parts,nor shall CSA be liable for providing or failing to provide Maintenance,to the extent that such repair or replacemt V is due to Customer's acts or omissions. All parts replaced during maintenance shall become the property of CSA. Parts used by CSA may, in CSA's s( 6 discretion,be used,reconditioned or remanufactured in accordance with manufacturer's specifications. d. Customer shall: (i) provide CSA full, free and safe access to the Equipment for performance of Maintenance by CSA; (ii) allow CSA to store reasonal C quantities of maintenance equipment and/or parts on Customer's premises; (iii) provide a suitable environment for the Equipment in accordance w �y manufacturer's environmental requirements;(iv)if applicable,report to CSA by the last calendar day of each month,the monthly usage according to t s meter reading in footage or images as applicable;and(v)promptly inform CSA of any Equipment malfunctions or operating problems. e. Customer shall NOT interfere with the proper operation of the meter. f. If Customer does not report to CSA the monthly usage as required by Section 16.0(d)CSA will estimate any excess Meter Charges and payment will be d d from Customer based upon such estimate. g. The Maintenance term shall commence upon installation of the Equipment or, if already installed, upon certification by CSA, or, at the conclusion of iit) Warranty period,if any. h. Maintenance shall be automatically renewed for successive one(1)year terms at CSA's then-current charges and under the terms and conditions herein unit either party gives the other written notice of its intent not to renew at least thirty(30)days prior to the expiration of any initial or renewal term. CSA may al notify Customer ninety(90)days in advance of the time of renewal that Maintenance for specific Products covered under this Agreement will not be renew( CS Customer may terminate Maintenance in any renewal term upon thirty(30)days prior written notice. If Customer provides notice of Intent to terminate dun41 the first thirty(30)days of Maintenance in a renewal term,Customer shall be responsible for the charges for the period of coverage up until the effective date ` termination. After the first thirty(30)days of coverage in any renewal term,Customer may provide notice to terminate Maintenance subject to a tenninati cr) charge equal to the monthly charges for twelve (12) months or the period of Maintenance remaining in the renewal tern, whichever is less. For prep. Q agreements,CSA will refund or credit the pro rata price of the remaining tern less the applicable termination charge. `y i. CSA shall not be obligated hereunder to provide Maintenance or warranty services determined by CSA to be necessary due to or caused by,in whole or part: E failure to continually provide a suitable environment in accordance with CSA's requirements;(ii)neglect,misuse,or use of the Equipment for purposes otl O than for which it was designed,or failure to operate the Equipment in accordance with CSA's or manufacturer's operating instructions or within manufacture 7 specifications; (iii) accident, disaster, including effects of water, wind, lightning, or transportation; terrorism, vandalism or burglary; (iv) alteration Equipment, including any deviation from Equipment design,unless previously authorized in writing by CSA; (v)attachment(s)to the Equipment,includi at connection of devices not supplied by CSA,which cause the Equipment to malfunction,unless previously authorized in writing by CSA;(vi)use of improper, 2 inadequate use of or failure to use,supplies; (vii)the use of forms not in compliance with CSA's paper specifications; (viii)maintenance or repair servic .C performed by Customer or a third party without written authorization from CSA;or,(x)pre or post processing Equipment disconnected from the printing systt �. to which it was originally installed unless previously authorized in writing by CSA. If in CSA's sole opinion,Equipment has been rendered unrepairable,th fl CSA may refuse to render services under this Agreement and may terminate this Agreement. _ j. In the event Customer removes a Product covered by Maintenance from the Installation Site,breaches this Agreement(or any other agreement it has with CS, t or,in the event CSA declares an end of life date with respect to a Product(provided CSA has given customer no less than ninety(90)days prior written note U of such end of life date),CSA may withdraw such Product from maintenance coverage under this Agreement in which case Customer shall not be entitled to a , refund for any payments made hereunder. to d U 17.0 ORDERING OF SUPPLIES AND OTHER MATERIALS.Customer orders for supplies,Customer or field replaceable units,consumables,expendables or a cu other materials(a)must include a valid Customer purchase order number;(b)are shipped to Customer FOB,CSA's warehouse;and(c)are subject to a thirty percent(30' restocking fee if accepted for return by CSA pursuant to its Material Return Authorization(MRA)procedure. If Customer requires a carrier other than CSA's prefer C carrier(s),the order will be subject to a surcharge plus actual delivery charges. "Expedite/Emergency Orders"are any orders,regardless of the shipping method,that 1 •c Customer's request,must be shipped on the same day as ordered and such Expedite/Emergency Orders are subject to an expedite surcharge plus actual delivery charg d Non standard carrier and Expedite/Emergency Order surcharges are subject to change without notice. Claims for shortages,damages in transit or lost shipments,as well c invoice discrepancies must be made within thirty(30)days of receipt or invoice date(whichever is applicable). Customer agrees that it is purchasing only toner/develol Cf and that the bottles are and will remain the property of CSA. Moreover, empty toner bottles for certain models are recycled by CSA in accordance with lL environmentally friendly practices. Accordingly,Customer agrees to return to CSA those empty toner bottles for those certain models that are shipped to Customer w pre-paid retum labels using such pre-paid labels. IN THE EVENT CSA DETERMINES IN ITS SOLE DISCRETION THAT CUSTOMER HAS ORDERI p CONSUMABLES BEYOND ITS REASONABLE REQUIREMENTS BASED ON INDUSTRY ACCEPTED CLICK VOLUME MEASUREMENTS,CSA MAY,IN I' N SOLE DISCRETION, UPON REASONABLE DEMONSTRATION OF SUCH EXCESS USE TO CUSTOMER, BILL CUSTOMER THE LIST PRICE OF TI d EXCESS CONSUMABLES. O. O >, 18.0 MAINTENANCE SERVICE CHARGES. For the period covering the Effective Date to the date that monthly billing commences for the first Minims Maintenance Payment set forth on the Cover Sheet("Interim Period"), Customer shall pay CSA an amount equal to the Minimum Maintenance PaymE U divided by 30 and multiplied by the number of days in the Interim Period. Such amount shall be due and payable on the tenth day following the date tt ; monthly billing commences. CSA shall invoice the Minimum Maintenance Payment in advance and shall invoice the Excess Meter Charges and other usa, at fees("Maintenance Service Charges")periodically as indicated on the Cover Sheet If applicable, Customer provide meter readings by the last calendar d E of each month the monthly usage by a CSA approved method. Should such meter readings not be provided in a timely fashion,Excess Meter Charges m 5 be estimated by CSA. Except for wide format products, when supplies are included in the Minimum Maintenance Payment, Customer is entitled to t amount of toner which,on average, covers six percent(6%)of the media unless another coverage rate is specified in an applicable program or docume Notwithstanding any other provision herein and in addition to Maintenance Service charges,CSA may assess a fuel surcharge("Fuel Surcharge")to offs increases in fuel expenses.The Equipment may contain software that allows CSA to access the Equipment remotely("Remote Software"). In such case Customer authorizes CSA to use the Remote Software to(a) receive software updates and transmit use and service data accumulated by the Equipme over Customer's network by means of an HTTPS protocol and (b)store and analyze such data solely for CSA's own purposes related to servicing t Equipment and for product improvement. Customer hereby requests that CSA enable the Remote Software on the Equipment listed on the Cover She and/or Customer Agreement Addendum. Customer Agreement Terms and Conditions Form#USA9500 rev 12/18/12 I Packet Pg. 91 I I 8.D.b 19.0 EXCLUSIONS. The following are not within the scope of Maintenance Service or warranty: (i)provision and installation of optional retrofits;(ii)c,,.. .. ... ... any feature of the Product(s);(iii)services connected with Product(s)relocation;(iv)installation/removal of accessories,attachments,or other devices;(v)exterior painting or refinishing of Product(s);(vi)maintenance,installation,or removal of Product(s)or devices not provided by CSA; (vii)performance of normal operator functions described in applicable CSA operator manual(s), including, but not limited to, loading of toner and/or paper; (viii) performance of services necessitated by accide negligence,temperature, inadequate ventilation,power failure, improper electrical power, unauthorized alteration of Product(s),tampering, service by other than CS causes other than ordinary use,improper supplies or accessories,interconnect of Product(s)by electrical or electronic,or mechanical means,with incompatible Product( or failure to use CSA operating system software;(ix)performance of services necessitated by the introduction of a computer virus or other bug into the Product(s); repair or replacement of Expendable Items listed in Common Terms,Section 9 above;and(xi)performance of service necessitated by any modification,alteration or a other change whatsoever of Customer's computer system into which the Product(s) is integrated or otherwise connected. Maintenance provided by CSA to resolve exclusion set forth under this paragraph shall be billed at CSA's(i)then published hourly service rates and minimum charges for service time,including travel and waiti time;(ii)parts and material prices then in effect;and(iii)charges for shipping and travel expenses. CD O 20.0 CUSTOMER RESPONSIBILITIES. Customer agrees: (a)not to use paper, recycled paper, parts,photoconductors,toner,or other supplies which v d cause a need for excessive service and(b)that replaced parts are the property of CSA. m O 21.0 SOFTWARE SUPPORT. The following terms are applicable only if Software Support is made available to Customer through Customer's purchase of"Incidents": En (i) For certain Equipment,Software Support is provided on a"per Incident"basis. An"Incident"is defined as a question related to a specific issue w Alt regard to the maintained Software that can be resolved telephonically by isolating its origin to a single cause. t V (ii) Incidents may be purchased individually or in quantities as in accordance with CSA's policy. Any such Incidents purchased Customer are set forth on the Customer Agreement Addendum. An Incident will be considered"used"when CSA: (1)corrects the problem;( r1 creates a reasonable work-around;(3)provides information in response to a Customer question; or(4)isolates the cause of the support issue product provided by a party other than CSA. An Incident will not be considered"used"if the problem results from a defect in maintained Softwa in for which no Software patch or workaround is then available from CSA. Issues that CSA determines cannot reasonably be resolved as Incider may be escalated,with the consent of Customer,to a CSA Software Engineer or scheduled for on-site support at CSA's then-current consulti rates. CSA DOES NOT REPRESENT OR WARRANT THAT ALL SOFTWARE ISSUES CAN OR WILL BE RESOLVED AS INCIDENT C Incidents purchases are non-transferable and non-refundable. Incidents not used by Customer shall expire at the end of the Maintenan W Service Initial Term or the applicable Maintenance Service Renewal Term. At the start of each Maintenance Service Renewal Term, Custom d shall receive the same number of Incidents purchased during the Maintenance Service Initial Term unless Customer purchases additior Incidents in accordance with CSA's then-current policy. at (iii) CSA will provide Software Support through the use of Incidents to those Customer employees who have been issued an ID col providing email/telephone access to the CSA Software Support Center. Customer shall be responsible for controlling ID code access and for a £ unauthorized use of ID codes. ID codes are non-transferable. (iv) An overview of the total number of Incidents purchased, number used and number remaining available for use are available by contacting I y Software Support Center with access provided using the Customer's ID code. . (v) Software Support does not include: (1)training; (2)maintenance materials; (3)on-site support; (4)on-site implementation, installati' w or integration support; (5)re-installation of Software on computer equipment supplied by CSA after modification of such computer equipment Customer (such as installation of memory, disk, interface boards, other software, etc.); (6) re-installation or re-initialization of Software at) r changes in a networking system or alteration of the parameters of Customer's current networking system; or (7) support or service require e because of the upgrade of any software not licensed by CSA, such as operating system or utilities software, even if running on compul rl equipment supplied by CSA. CSA may make these services available at CSA's then-current consulting rates. CSA reserves the right to declii to perform such services. c. It is the responsibility of Customer to make and maintain adequate backups of data and configuration of Software. CSA shall not be liable for a U losses (of data or productivity or of any other kind) resulting from rebuilding or reconfiguring Software to the original, factory configuratic rn Reloading, rebuilding and reconfiguring of server software may, at CSA's sole discretion, be chargeable at CSA's then published hou Professional Services rates with minimum charges for service time,including travel and on-site wait time. 22.0 LICENSE FEE.The license for the various Software products listed herein is covered by a one time license fee for these products. In order to recei updates,fixes and enhancements(maintenance)for the Software products, Customer must continue to pay the maintenance fee which is identified on t m face of the Customer Agreement next to the Software as"Service Charge". If Customer discontinues paying the maintenance fee,Customer will not recei' c maintenance, however, Customer is permitted to use the Software solely with the Product(s)and"as is"with no obligation on the part of CSA with respt to such use or maintenance, subject to the terms and conditions herein including those restricting the assignability of Software. With respect to third pal y software,CSA is a reseller of such software. Customer's license for such third party software is granted from the third party software provider and the terr .E of the license agreement that comes with that software must be referenced for updates,fixes and enhancements. c W • Professional Services Terms vto 23.0 All Professional Services provided hereunder shall be set forth on the Customer Agreement Addendum. A statement of work ("Statement Work") shall be signed by Customer prior to commencement of any Professional Services. The Statement of Work shall include the completion date ` applicable), total cost, a description of the work to be performed, acceptance criteria (if applicable) and maintenance charges (if applicable). All we d product created under a Professional Services statement of work and all ideas, improvements, know-how, discoveries, and techniques including withc C limitation,computer programs, routines and code, developed in connection with Professional Services shall be owned by CSA. CSA grants to Customer >, personal, non-exclusive, non-transferable royalty-free limited license to use such work product in the United States solely for internal use and solely conjunction with the Equipment identified in the Customer Agreement Addendum. tv Educational Services Terms 24.0 All Educational Services shall be set forth on the Customer Agreement Addendum. The following terns are only applicable if Educational Services purchased and apply to any and all Educational Services purchased hereunder: a. Educational Services are offered to Customer by CSA in the form of training sessions and are provided during CSA's standard business hours(Monday throu Friday excluding CSA recognized holidays-8:00 AM to 5:00 PM local time)unless Customer purchases after hour on-site training at additional cost. Traini may take place at an CSA central training facility or at Customer's site as determined by CSA and Customer. Each training session is a one-time event or a or time visit.Customers are charged separately for each training session. The composition and duration of each training session is detennined solely at CS/ discretion. Customer Agreement Terms and Conditions Form#USA9500 rev 12/18/12 I Packet Pg.92 I b. Unless otherwise set forth in a writing signed by both parties,standard CSA published rates apply. CSA published rates are subject to change v 8.D.b I Customer is responsible for Customer's travel and lodging expenses.CSA will bill Customer,and Customer agrees to pay,CSA's reasonable t.a. .,.. .�. .. other reasonable expenses in connection with Customer on-site training sessions. c. Training materials for each training session are provided to Customer and/or Customer's registrants as set forth under CSA's then current policy. Such traini materials are CSA Confidential Information. d. Unless otherwise agreed in writing, Educational Services must be completed within sixty (60) days after the date of Installation. In the event Educatioi Services are not completed within this time period and provided the delay is not due to CSA,Customer's Educational Services shall automatically termini with no further obligation on the part of CSA,in which case Customer shall not be entitled to a refund. Monies paid towards a training session in connecti with a specific model of Equipment or software is not transferrable to any other model of Equipment or software and may not be used by Customer to pay any other Equipment,Maintenance,Professional Services or training offering. s- e. Cancellation. (i)CSA may cancel an on-site training session by providing notice to Customer no less than five(5)business days prior to the scheduled date a1 training. If a training session is cancelled by CSA and CSA and Customer do not agree to reschedule such session,upon request of Customer,CSA will refu 0 the purchase price for the cancelled training session.CSA is not responsible for any expenses incurred by Customer or Customer's registrant in connection w d such cancellation. (ii)CSA may reschedule a training session by providing notice to Customer no less than five(5)business days prior to the scheduled date v training.CSA is not responsible for any expenses incurred by Customer or Customer's registrant in connection with such rescheduling. (iii)Upon written not 0 to CSA received no less than five business days prior to the date of a scheduled training session,Customer may cancel such training session and receive a f w. refund of Customer's purchase price for such training session;or,Customer may reschedule such training session at a mutually agreeable time and place. 0 CSA and Customer do not agree on dates and location for a rescheduled session,upon request of Customer,CSA will refund the purchase price for the cancel] N training session. In the event that CSA has incurred any non-refundable costs or expenses,such as travel,lodging and related expenses,in anticipation of su L training session,Customer shall reimburse CSA for such costs and expenses. (iv)Monies received for a training session,the cancellation notice of which ci received by CSA within five business days of the scheduled date for such training session,are not refundable. However,CSA may,within its sole discretic apply such monies to a rescheduled training session. In any event,to the extent CSA has incurred any non-refundable costs or expenses,such as travel,lodgi d and related expenses,in anticipation of such training session,Customer shall reimburse CSA for such costs and expenses. (v) CSA is not obligated to refu any monies paid for registrants not attending any scheduled training session. r Miscellaneous 25.0 This Agreement shall constitute the entire agreement between Customer and CSA with respect to product(s), services and software. A < variance from or additions to the terms and conditions of this Customer Agreement,or any amendments, schedules or addenda, in any purchase order Ly other written notification from Customer will be of no effect. This Agreement may not be assigned by Customer without the written consent of CSA and sh E be binding upon and inure to the benefit of the parties hereto, their legal representatives, permitted successors and assigns. Customer may deliver t: , signed Agreement to CSA by facsimile or electronic transmission. By delivering the Customer signed Agreement to CSA by facsimile or electror transmission, Customer intends and agrees that such facsimile or electronic transmission shall constitute an original of the Agreement, shall be lega U binding on Customer as if the Agreement were manually signed by Customer and personally delivered to CSA,shall be the best evidence of the Custome a, agreement and shall be admissible in any legal proceeding. CSA shall have no duty or obligation whatsoever to verify or inquire as to the validi execution, signer's authority, or any other matter concerning the propriety of the facsimile or electronic transmission. No amendment hereunder shall I effective unless in writing,signed by the parties hereto and no waiver shall be effective unless in writing, signed by the party to be charged. Any provisl 3 of this Agreement which is unenforceable in any jurisdiction shall,as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceabili without invalidating the remaining provisions hereof. Except for obligations of payment, neither CSA nor Customer shall be liable for nonperforman caused by circumstances beyond their control, during the time such circumstances exist including, but not limited to,work stoppages, floods, and Acts R God. Customer agrees that CSA may use Customer's name and/or logo in connection with press releases, marketing literature, advertising and oth public announcements or publicity materials concerning the Products acquired by Customer from CSA.CSA does not acquire any ownership interest in a r Customer trademarks. CSA shall properly attribute ownership of Customer's trademarks to Customer.The captions in this Agreement are for convenien aNi only and shall not define or limit any of the terms hereof. This Agreement is the result of negotiation between the parties and, accordingly, shall not 0 construed for or against either party regardless of which party drafted this Agreement or any portion thereof. THIS AGREEMENT SHALL BE GOVERNE .Z AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK WITHOUT REGARD TO ITS CHOICE OF LAW RULES. Ea a> party expressly and irrevocably agrees: (a) that any and all legal disputes whatsoever concerning this Customer Agreement and any amendmen schedules or addenda entered into hereunder, must be brought in the State or Federal courts located in New York, New York and that such courts sh C have the exclusive jurisdiction and authority to resolve such disputes; (b)to submit to the jurisdiction of the State and Federal courts located in New Yol New York, for purposes of resolving legal disputes concerning this Agreement and any Schedules entered into hereunder, and to waive any and objections to personal jurisdiction and/or to venue; and (c) to waive any right to trial by jury in legal disputes concerning this Agreement and a c amendments,schedules or addenda entered into hereunder. C) w r r 0 t, M of a 0 r v c ar E .0 t, to Customer Agreement Terms and Conditions Form#USA9500 rev 12/18/12 I Packet Pg.93 I Canon Solutions America, Inc ACD#/SC proposal#/ I 8.D.b I Master Agreement#: 444545-06 ("CSA")/Competitive Trade In Agreement g Order Number: Customer Number: 556893 New Oce Equipment Ordered Model: I CW500-CW500:SCEXP3 I Requested Delivery Date: I 12n52017 Trade In Equipment Machine#1 Machine#2 01 r a Manufacturer: I Canon Manufacturer: I o Model: I iPF 755 Serial Numbers: I Model: I Serial Numbers: I a) Accessories/Peris: I Accessories/Peris: I 0 Meter Read: Meter Read: I c m Original Install Date: Original Install Date: rn es CITY OF PRESCOTT PUBLIC WORKS ENGINEERING V DEPARTME Install Location: 430 N V RGINIA ST Install Location: c PRESCOTT AZ,86301-2636 a ® Pick Up Trade In-To be picked up by: CSA � ❑ Pick Up Trade In-To be picked up by: v• Expected Removal Date: 12/15/2017 I Expected Removal Date: r ❑ Customer Scrap on Site El Customer Scrap on Site (Customer Responsible for Disposal) (Customer Responsible for Disposal) C. m ❑ Excess Rigging To Remove ❑ Excess Rigging To Remove E ❑ Competitive Displacement ❑ Competitive Displacement ca Machine#3 Machine#4 °> Q Manufacturer: Manufacturer: a> Model: I Serial Numbers: I Model: I Serial Numbers: I E 0 Accessories/Peris: Accessories/Peris: rn c Meter Read: Meter Read: U a> Original Install Date: Original Install Date: ta Install Location: Install Location: 0 ❑ Pick Up Trade In-To be picked up by: ❑ Pick Up Trade In-To be picked up by: c a Expected Removal Date: Expected Removal Date: rn ❑ Customer Scrap on Site El Customer Scrap on Site 1O (Customer Responsible for Disposal) (Customer Responsible for Disposal) C.) ❑ Excess Rigging To Remove ❑ Excess Rigging To Remove u) 0 El Competitive Displacement I ❑ Competitive Displacement 'Z In order to receive the pricing set forth in the purchase, rental or lease agreement for the equipment replacing the equipment and products set forth here to (the"Trade-in Products"),Customer hereby agrees that(i)in the case of Trade-In Products owned by Customer,Customer warrants to CSA that it has clo o> and merchantable title to all such Trade-in Products and Customer shall, at CSA's discretion and direction, either scrap such Trade-in Products on site c allow CSA to remove the Trade-in Products during normal business hours and Customer hereby sells, transfers and assigns to CSA all right, title a w interest in and to all such Trade-in Products and all software provided therewith; or, (ii) in the case of Trade-in Products leased from Canon Financ c Services,Inc.("CFS"),Customer shall allow CSA to remove the Trade-in Products and return them to CFS and such action will not violate the terms of tl .6., lease between CFS and Customer;or,(iii)in the case of third party Trade-in Products leased by Customer from a third party,excluding CFS,(referred to c this form as a "Competitive Displacement") or Trade-in Products leased by Customer from a third party ,excluding CFS, Customer shall, to the exto permitted under Customer's agreement with its lessor,either return said third party products to such third party, acquire such products or dispose of su 0 third party products. N a> In all cases described above, Customer warrants to CSA that it has full right and authority to enter into this agreement and agrees that CSA shall not ha d any liability to Customer or any third party whatsoever,excepting for physical damage it causes to the Trade-In Products. r Customer Signature CSA Sales Acknowledgement Sales Manager's Signature v c m Customer Name (Please print) CSA Name(Please print) Sales Manager's Name (Please Print) t r Title Date I Title Date I Title Date Q Revised 12-17-12 I Packet Pg.94 I I 8.D.b I Canon Site Survey µ=, , - :Mon saunas uEmu CW500,Trade in: Site Information Customer Name: CITY OF PRESCOTT Department: Public Works-Engineering Floor: 1 Room/Suite: d r Address: 430 N VIRGINIA ST o E. City: PRESCOTT State: Az Zip: 86301-2636 a) U 0 Contact Name:(1) Dawna Carlson Phone: 928-777-1609 Ext: 0 a) Contact Name:(2) Phone: Ext: 0 .c Region: Branch: Prescott Service Zone: 1 2 a Inspection Date: 11/08/2017 Requested Install Date: 12/15/2017 wf If) Priority Message: N. Other Comments: a> Delivery Requirements E d Is a loading dock available? ❑Yes ® No Delivery hours? to Q If yes,what is the dock height? o Is the customer site tractor/trailer accessible? ® Yes 0 No a) Please Please note:a tractor/trailer can be 48'to 53'in length plus the cab O If not, list building entrance dimensions(list dimensions in inches) : Height: 96 Width: 36 3 U Door Width: 36 Corridor Width: 36 Step Width: 0 h ca #of steps(outside): o #of steps(inside): o .c c Stair Crawler Required? 0 Yes ® No Number of floors: o tl .c u) Will an elevator be used? 0 Yes ® No Elevator hours? to co U Elevator appointment required? 0 Yes Z No If yes, contact name&phone: y a) Elevator Dimensions(in inches): Width: o Depth: o Load Capacity: 0 m Elevator Door Opening(in inches): Height: 0 Width: 0 N a) Customer to move fixed obstructions prior to installation unless special arrangements are made. ® Yes 0 No c a) If"No", list specifics,contact and phone number: c a) c Will floor protections be required: ❑Yes ® No 0 Has the floor condition been confirmed satisfactory by the customer? Z Yes 0 No u Current Equipment tid REPLACEMENT EQUIPMENT O Make: Model: Serial Number: >' 0 To Be Removed By: a Special Instructions: E lCU *If existing equipment is to be removed by CSA, additional labor will be invoiced at current published service rates. a I Packet Pg.95 I 8.D.b Additional Delivery Requirements Is a power lift on the truck required: ❑Yes El No Will metal plates be required for some areas? ❑Yes ❑ No Is a forklift available at the customer site?* ❑Yes El No ❑Yes ❑ No O Are pallet jacks available at the customer site? Two short ones(4 feet) ❑Yes ❑ No a) Plus one Long one(6 feet)if possible ❑Yes ❑ No 8 d Delivery Notes:Due to the dimensions and weight of this machine,a stair crawler cannot be used. Is a crane required for delivery of equipment? ❑Yes ❑ No F If a crane is required, is access sufficient(for example, a window)? ❑Yes ❑ No Q n Key Operator Training Key Operator(s)will be trained upon completion of install: (To be determined) Key Operator Name: Dawna Carlson Phone/Ext:(928)777-1609 a> Name: Phone/Ext: Key Operator m E Date and Time: Prime Shift Second Shift Third Shift o U a) Field Engineer: No.of Students: a co iiShipping Information Weights (in lbs.) and Dimensions (crated in inches): to a) Crated Uncrated Pallet QP5 829 lbs CW700 774IbsCW700 m LWxH 746 lbs CW500 691lbsCW500 c 0, w 774IbsCW700 Pallet QP3 Dimensions 691IbsCW500 (LxWxH) 759 lbs ( 9 separate boxes of varying weight and size all contained t QP3 90 X 36 X 49 I I on one pallet and banded as a unit) o Pallet QP4 Dimensions >, (LxWxH) 110 lbs QP4 I 84 X 34 X 49 (media drawers) c E r Packet Pg.96 I 8.D.b I Environmental Considerations/Conditions It is important that the ColorWave 500/700 product be installed in a room with appropriate dimensions. (See the space diagram). Should the room not meet the minimum space requirements, the installation will have to be authorized by the Region Sales Manager and the Region Service Manager Operating temperature (T) and relative humidity(RH) Temperature Humidity r °C °F % Recommended 115-30 159-86 130-80 with no condensation Room Volume and Ventilation: 0 O Printers=(15 m3/hr) Minimal room volume 530ft3 Minimal room ventilation 441 ft3/hour(natural ventilation) Electrical Requirements a Customer is responsible for providing the electrical requirements listed below prior to the machine installation. Electrical y receptacles (as shown below)are required. NEMA-5-1 5R NEMA-5-15R NEMA-5-1 5R for Printer for Estefold °' El 115 Volt ❑ 15 Amps for printer for Take Up Unit aa) Or CDT CD 00 Q ❑ 3 Wire Ground ❑ 15 Amps for Take Up 00 00 ° N ❑ 15 Amps for CDT ❑ 15 Amps for folder 0 3 0 r ❑ Electrical Supply must be a dedicated line a. The electrical service will be available on: cn cc, U System Electrical Supply Component Freq. Voltage Take Up Unit 60 Hz 115 V+/- 10% Printer 160 Hz 115 V+/- 10% Folder 60 Hz 115 V+/- 10% CDT 160 Hz 1 115 V+/- 10% a) Power consumption Printer Take-Up Scanner Active : 450W 50W 110W d Standby/Off: 6W 20W a Ready: 280W 0 r U c E t ca t. .-. Packet Pg.97 I I 8.D.b I Space Requirements A minimum floor space of 83"x 50" is required for ColorWave 500/700 printer The working area needs to be 122" x 89" for a printer only The working area needs to be 122"x 153"for a printer/TUM/CDT/Folder The ColorWave 500/700 should not be placed near a water boiler;humidifier or subject to ammonia fumes or direct sunlight. Do not place on a heavy wool or shag carpet. This could allow something to enter the printer and w cause a fire a d C) 0 w 0 Take Up Module Copy Delivery Tray �a .c t) 65 " 46 " a. U, WEIGHT 112 LBS 25" 57" 78.5 lbs E w a, rn • Q 32"High 43"High o N EsteFolder 4312 .c (for further details-separate Estefold Site Surveys are on the Intranet) tn ns 119 „ 596 lbs C L a) C C w r 0 V 87 •• aWi LENGTH = 87 " a WIDTH = 119 " HEIGHT = 44 " V C d E .c co Packet Pg.98 I I 8.D.b I Environmental Requirements ATTENTION The Upper Unit is the largest box and must be able to move from the truck(A)to the final install area(B). If the Upper Unit can fit,then all the other components will fit. If the Upper Unit cannot travel along the path from (A)to(B), because it won't fit in a hallway, stairway or on an elevator(can be stood on end),then the printer cannot be installed. a) 1 O Standard Installation (pre-installed) Non-Standard Installation (field installed) a i �*-il r r v 3 tii W t t t O 0 Y L ... f 7 a n u7 N. r •, rtYM!' i .�. a, Y1 a) L C) a L Logistical Flow at Customer a) E O r How is the logistical flow of the printer from truck to print room? 3 How is the logistical flow of the printer from truck to print room? B)Can the system on a pallet be transported by a pallet truck from truck to U A) Can the system roll from truck to print room? print room? a) u) cc If Yes=Standard Installation s If Yes=Standard Installation V If No=Non-Standard Installation L If No because the track is too long or there are small obstacles: Dimensions of the printing system are: c continue with B) a L: 2270mm(89.5") If No=Non-Standard Installation 'c W: 900mm(35.5") v) Dimensions of the printing system are: H: 1600mm(63") �j L: 2100mm(83") W: 700mm(27.5") N H: 1400mm(55") a) C a) co Power Plug and Ethernet Connection c ❑Power plugs less than 13.12 ft(4 m)from/to the printer.The position of the Power cable connection is:at the backside of the printer at the left-hand .1 side. d c ❑Customer takes care of Ethernet cable. Lc The position of the Ethernet connection is:at the backside of the printer at the right-hand side r O c) u) cu L a Supplies o U Available Toner Pearls CW 500/700 c a) CW700 CW500 E • L Black 11070036653 pck, Black Toner 1070038734 pck, Black Toner u Magenta 11070036652 pck, Magenta Toner 1070038733 pck, Magenta Toner a Cyan 11070036651 pck, Cyan Toner 1070038732 pck, Cyan Toner Yellow 11070036650 pck, Yellow Toner 1070038731 pck, Yellow Toner I Packet Pg.99 I 8.D.b I Field Service Information District Service Manager Service Area Office Address au Telephone Number c a- FAX Number 0 Installation Technician o a) N Primary Technician as z Back-up Technician a Salesperson Phone: N ti Sales Order Number: Is this a trial ❑ c If a Trial how long (weeks/months) a' Contract Approved ❑ a' Id) Delivery Information E Carrier: o N Anticipated Delivery Date: au Target Installation Date at Site: co Target Installation Date On-line: Site Survey-Acceptance Signatures a. lC Customer Date N a1 CSA Date c) U) Service Manager Date a) Please return completed form to your Branch Administrator Notify your Region Administrator and Bus Ops if any changes occur prior to installation date. c C, Return to: w Canon Solutions America Attn: Business Operations 425 N. Martingale Rd., Schaumburg, Illinois 60173 LFS_Orders@csa.canon.com SASG_Orders@csa.canon.com 9S U r d E .c a: I Packet Pg. 100 I I 8.E I 'rrvo,'PRESCOTT / /7/7^P.e; lit'n ((WV/ COUNCIL AGENDA MEMO MEETING DATE/TYPE: VOTING MEETING 11-28-17 DEPARTMENT: Public Works AGENDA ITEM: Award of City Contract No. 2018-108 to Core & Main in the amount of $67,841.04; City Contract No. 2018-109 to AZ Waterworks in the amount of $30,239.90; City Contract No. 2018-110 to Ferguson Waterworks in the amount of $48,691.42; City Contract No. 2018-111 to Dana Kepner Co. Inc., in the amount of $136,301.61, for the purchase of waterworks materials. Funding is available in the Water and Wastewater Funds. FUNDING SOURCE: Wastewater Fund, Water Fund - ----- ----------------- - Approved By: Michael Lamar, City Manager Item Summary This item is for award of four (4) contracts with one-year unit pricing for the purchase of waterworks materials to maintain the City's water and wastewater systems. The master materials list contains approximately 266 unique items; therefore, no single vendor submitted pricing for all items. The bids received allow for the award of multiple contracts to ensure competitive pricing. Background The City's water and wastewater collection systems require a wide range of materials and parts to maintain reliability of the systems. A master list of anticipated materials needed for the next annual period was created with similar and related items grouped together in the bid document. The contracts will be awarded by these groupings to the lowest bidder. Evaluation of quantities needed for the bid items was based on historical operational usage to determine the respective award amounts. Bids Bids were received from Dana Kepner, Ferguson Waterworks, Arizona Water Works and Core & Main. Each of the four bidders submitted group pricing for various parts and materials, as highlighted in the attached bid schedule. A contract will be awarded to each of the four bidders for one or more groupings. Each contract will also include additional funds for the purchase of items not included in the master materials list. The procurement process will be used for expenditure of any I Packet Pg. 101 I I 8.E AGENDA ITEM: Award of City Contract No. 2018-108 to Core & Main in the amount of $67,841.04; City Contract No. 2018-109 to AZ Waterworks in the amount of $30,239.90; City Contract No. 2018-110 to Ferguson Waterworks in the amount of$48,691.42; City Contract No. 2018-111 to Dana Kepner Co. Inc., in the amount of $136,301.61, for the purchase of waterworks materials. Funding is available in the Water and Wastewater Funds. additional funds in the contracts to ensure that additional materials are acquired using competitive pricing. Financial Impact FY18 funding is included in the Water and Wastewater Funds for parts and materials. The City's standard General Services contract will be used for these supplies. Attachments 1. Bid Tab 111317- Water Works 2017-2018 Recommended Action: MOVE to award City Contract No. 2018-108 to Core & Main in the amount of $67,841.04; City Contract No. 2018-109 to AZ Waterworks in the amount of $30,239.90; City Contract No. 2018-110 to Ferguson Waterworks in the amount of $48,691.42 and City Contract No. 2018-111 to Dana Kepner Co. Inc., in the am t of $136,301.61. 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'o 1s`src °arc �rc 8. 3°'9� s rilli rc $ A A a .. d 3 3 r o E a£ -�£ o sfi ;33 I ! u ��I $- �8 iq !2E 8 V E e E ;Y 6- 888j g s3 < "° 8 A 9 '18 Al rv- 9- 8 VA °»'8 A118$4 n r^ ^ r^ I 8.F I ('I'I11'o1'PR ES(1OTT L,",v/-04`749,1a0aw COUNCIL AGENDA MEMO MEETING DATE/TYPE: VOTING MEETING 11-28-17 DEPARTMENT: Public Works AGENDA ITEM: Award of City Contract No. 2018-112 to Hill Brothers Chemical Company for the purchase of Accu-Tab chlorine tablets in an amount not to exceed $80,000.00 annually. Funding is available in the Water Fund. FUNDING SOURCE: Water Fund Approved By: Michael Lamar, City Manager Item Summary This item is for approval to purchase Accu-Tab chlorine tablets from Hill Brothers Chemical Company and enter into a thirty-six month contract for chlorine tablets; with two, one-year extensions, under the same terms and conditions. Background All community water systems are required to disinfect potable water per regulatory requirements. The City of Prescott water system utilizes chlorine tablets for this purpose. Each water production well is equipped with Accu-Tab tablet chlorination systems that erode tablets to consistently deliver regulatory compliant water. The Accu- Tab brand chlorinators and the Accu-Tab Chlorine tablets work as an integrated system. The Accu-Tab Chlorine tablets are the only product authorized by the manufacturer for use in the Accu-Tab brand chlorinators to maintain National Sanitation Foundation (NSF) certification, technical support and warranty. When the Accu-Tab chlorinator system was selected in 2006 through a competitive bid process, the need to utilize engineered tablets that erode consistently with the flow design of the delivery machine became necessary for the continuing term of the equipment operation. The selected product also included a scale inhibitor to protect the water system from scale build up. Bid Results The City advertised for the Accu-Tab Chloride Tablet on October 22, 2017 and October 29, 2017. The City received one responsive bid that met the required specifications, from Hill Brothers Chemical Company. Packet Pg. 107 I 8.F I AGENDA ITEM: Award of City Contract No. 2018-112 to Hill Brothers Chemical Company for the purchase of Accu-Tab chlorine tablets in an amount not to exceed $80,000.00 annually. Funding is available in the Water Fund. Financial Impact FY18 funding for this product was budgeted and is available from the Water Fund. The City's standard contract for general services will be used for this project. Attachments 1. Bid Packet - Hill Brothers- Accutab Recommended Action: MOVE to award City Contract No. 2018-112 for the purchase of Accu-Tab chlorine tablets from Hill Brothers Chemical Company in an amount not to exceed $80,000.00 annually. Packet Pg. 108 8.F.a Response Cover Sheet co. h. tr: #, 0 • City of Prescott Solicitation Response co 40 �j PPG ACCUTABS Please note all that apply: a) •c Total price per pound (does not include shipping) ........... ......... .........$ 2.95 0 Addenda Number(s) Received (if any) N/A _o Original Forms A through F plus two(2) photocopy Business Name: Hill Brothers Chemical Company co Business Address: 21639 N. 12th Avenue Phoenix, AZ 85027 Business Phone: ( 623 ) 879-9210 Business Contact: Jason Kowanetz 0 Supplier Comments: _ a a d c) Page 15 of 20 I Packet Pg. 109 I I 8.F.a Form B—Price Sheet ITEM QTY. TOTAL PRICE PPG Accutab Chlorine Tables 1,320 lbs.(1pallet!(24) 55-lb pails $ 3,894.00 Freight, Pre-Paid &Allowed, FOB Prescott for(1) pallet $ 0.00 Sales Tax Rate 8.6 % $ 334.88 U Delivery Lead time upon Receipt of Order: 3 to 5 Days 01 Payment Terms: Net 30 U co SI, re Dated this 31 day of October 2017. /District eD ntativ lfiitle ti cS r a) s r 0 x 0 V a 4-, 0 E u ca r Q Page 16 of 20 I Packet Pg. 110 I I 8.F.a I Form C—Bid Certification Bidder Name: Hill Brothers Chemical Company The undersigned Bidder hereby certifies as follows: C.1 That he/she has read The City of Prescott's solicitation documents, its appendices and attachments, and 14 the following Addenda, and to the best of his/her knowledge, has complied with the mandatory requirements stated therein. m Addendum Issue Date J ca N/A_ c .` 0 t U ns C.2 That he/she has had opportunity to ask questions regarding the solicitation, and that such questions having been asked, have been answered by the City. CO C.3 That the Bidder's bid consists of the following: ti 1. Form A— Solicitation response package cover sheet 2. Form B— Price Sheet 3. Form C— Bid Certification 4. Form D— Non-Collusion Certificate 5. Form E— Certificate of Ownership 6. Form F— Bidder Qualifications, Representations and Warranties; Bidder to provide attachment: N Attachment—Subcontractor's List m .c C.4 That the Bidder's bid is valid for 90 days. m 2 Dated this 31 d y of October _... ' 2017. r co District Representative ./2 Si ure Title a) L Page 17 of 20 I Packet Pg. 111 I 8.F.a Form D—Non-Collusion Certificate Bidder Name: Hill Brothers Chemical Company The undersigned Bidder hereby certifies as follows: To the best of his/her knowledge, the person, firm, association, partnership or corporation herein, has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive pricing in the preparation and submission of a bid to The City of Prescott for consideration in the award of this solicitation. as 1— Dated this 31 d of October 2017. District R nrespritativP V Sig re Title r- 1a r d L r O m d a GG L i.i Page 18 of 20 I Packet Pg. 112 I I 8.F.a Form E— Certificate of Ownership Bidder Name: Hill Brothers Chemical Company The undersigned Bidder hereby certifies as follows: To the best of his/her knowledge, the person, firm, association, partnership or corporation herein, are the only co person, firms, corporations, partnerships, or other associations having any direct or indirect financial interest in c 0 the Bidder's business as legal or equitable owner, creditor(except current bills for operating expenses), or holder t) of any security or other evidence of indebtedness Zt Dated this 31 day of October 2017. V 721 District Representative Si ure Title a- Q r r 0 as f4 a co Pagc 19 of 20 I Packet Pg. 113 I I 8.F.a Form F—Bidder Qualifications, Representations and Warranties Bidder Name: Hill Brothers Chemical Company the undersigned Bidder hereby certifies as follows: F1 Taxes and Liens -Bidder has no unsatisfied tax or judgment lien on record. F2 Subcontractors—Bidder submits as Attachment 4 to this Bid Form A a list of all subcontractors it will use 10 in performing the requirements of the agreement resulting from this solicitation. A subcontractor is any separate legal entity used to perform requirements of the proposed agreement. The list shall include the U firm's name, contact person and title, mailing address, telephone number, fax number and a description of the service(s)to be subcontracted. Bidder shall also attach a copy of the letter from the subcontractor stating its commitment to perform the services(s)subcontracted. d F3 References—The City will enter into an agreement only with a Bidder(s) having a reputation of satisfactory performance. The Bidder's ability to provide timely service; knowledgeable, conscientious, and courteous staff; reasonable care and skill; invoicing consistent with contract pricing, etc., are important v to the City. Bidder provides information for two clients, other than the City of Prescott, that presently contract with Bidder for similar goods or services: Reference#1 Firm Name: City of Phoenix Address: 251 W. Washington Street,8th Floor,Phoenix,AZ 85003-2299 Contact Person: Janet Kusmider Phone Number: 602-262-7181 4a 3 Reference#2 Firm Name: Pima County Government Address: 3390 N.Richey.Blvd.,Tucson,AZ 85716 Contact Person: Dennis _uelerth _ Phone Number: 520-907-1028 m Note: The bid evaluators may contact the customer references, as well as any other customers or customer employees including The City of Prescott. A Bidder with unsatisfactory references may have its bid rejected. F4 Bidder's Examination - Bidder has made its own examination, investigation and research regarding the requirements of the solicitation including but not limited to the work to be done, services to be performed, any conditions affecting the work and services, the type and quantity of labor, equipment and facilities o0 necessary to perform. Bidder fully understands the character of the work and services, the manner in 4.; which payment is to be made, the terms and conditions of the draft agreement(see Appendix C), and the solicitation. Bidder acknowledges and agrees that it has satisfied itself by its own examination, c investigation and research, and that is will make no claim against the City because of erroneous estimates, c�a statements, or interpretations made by City. Bidder hereby proposes to furnish all materials, equipment, Q and facilities and to perform all labor which may be required to do the work within the time required and upon the terms and conditions provided in the draft agreement and the solicitation, and at the prices as Dated this 31 day of October 2017. District Representative Sig UTe / Title Page 20 of 20 I Packet Pg. 114 I 8.F.a I and volunteers as an Additional Insured per ISO form CG2010 11/85 or CG2026 or equivalent, and to not permit reduction or cancellation by the Insurer without forty-five (45) days prior written notice to the City. The Contractor's insurance shall be primary as respects the City, and any other insurance maintained by the city shall be excess and non-contributing with the Contractor's insurance. ARTICLE XIV- INDEMNIFICATION The Contractor 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 Contractor's participation pursuant to this Agreement,whether said claims, liabilities, expenses or lawsuits arise by the acts or omissions of the undersigned or his/her agents. The Contractor 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 Contractor has or may have against the City, its agents or employees, arising out of or in any way connected with the Contractor's activities as set forth below,other than those acts which occur due to the negligence of the City, its employees or agents ARTICLE XV-MISCELLANEOUS co (A) 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. O t (B) 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's fees, either pursuant to the Contract, pursuant to ARS Section 12-341.01(A)and (B), or pursuant to any other state or federal statute. ARTICLE XVI -AMBIGUITY This Contract 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 the negotiations between the parties. Therefore, any ambiguity in this ,. Contract is not to be construed against either party. sa DATED THIS 3 ! b1_ DAY OF Oc i e( 2017. t a-. O VENDOR ? CITY OF PRESCOTT m By: HARRY B. OBERG, Mayor a)so Kow/anetz Tdle: )1istrict Re,t resentative ° d E t ATTEST: APPROVED AS TO FORM: MAUREEN SCOTT, City Clerk JON M PALADIN',City Attorney Page 14 of 20 I Packet Pg. 115 I 18.G I PRES('OTT 164/1/('o,e iY/ COUNCIL AGENDA MEMO MEETING DATE/TYPE: VOTING MEETING 11-28-17 DEPARTMENT: Public Works AGENDA ITEM: Approve purchase of a sewer easement from Yavapai-Prescott Indian Tribe in the amount of $256,160.24, for the Sundog Trunk Main Phase B project. Funding is available in the Wastewater Fund. FUNDING SOURCE: Wastewater Fund Approved By: Michael Lamar, City Manager Item Summary Approval of this item will allow the City to move forward with the acquisition of a sewer easement necessary for the Sundog Trunk Main Phase B project. Upon approval of this item and associated easement documents, the City will make application to the Bureau of Indian Affairs (BIA) for a right-of-way easement necessary to complete the easement purchase. Background The City entered into a contract for the design of the Sundog Wastewater Trunk Main project on April 23, 2013. The original alignment for the project was on hold awaiting completion of easement negotiations with the Prescott-Yavapai Indian Tribal lands. Phase B of the Sundog Trunk Main project includes a new 22-inch diameter high density polyethylene force main for approximately 9,200 lineal feet from the proposed State Route 89 lift station at the Veterans Administration, north to the new Sundog Trunk Main Phase A force main connection at the corner of State Route 89 and Prescott Lakes Parkway. The Sundog Trunk Main Phase B project design is complete and awaiting easements from YPIT, prior to bidding the project for construction. YPIT owns the underlying land within State Route 89 from the Granite Creek Bridge north to the Yavpe intersection. In 1944, YPIT granted a right-of-way easement to ADOT along this section of SR89 for transportation purposes only. This new easement will be for a utility and is the same easement alignment. Upon of approval of the right-of-way application to the BIA City staff will complete the purchase of the easement. I Packet Pg. 116 I I 8.G I AGENDA ITEM: Approve purchase of a sewer easement from Yavapai-Prescott Indian Tribe in the amount of$256,160.24, for the Sundog Trunk Main Phase B project. Funding is available in the Wastewater Fund. The total estimated project cost for the Sundog Wastewater Trunk Main Phase B project is $2,930,000.00. Financial Impact The price for this easement was determined by negotiation using the Water Infrastructure Settlement Agreement (City Contract No. 2017-255) at $4.875 per square foot. Funds for the easement acquisition are available from the wastewater fund. The total amount required for the acquisition is $256,160.24. Attachments 1. Area Map 2. Legal Description Recommended Action: MOVE to approve the purchase of a sewer easement from Yavapai-Prescott Indian Tribe, in the amount of$256,160.24. 2 I Packet Pg. 117 0, 80 • 's' �a. 3 rsg�l3a1I C C kt A 4 1 +96 g , w w m<. it °-""," __—___ PRELIMINARY ( Q 1- ' PROPOSED EASEMENT AC JISTION TABLE ` CCC 66 [uuwrwrvwumMortM xmE \Br$t Al `■L li .,uv.na 1 saem wa w w O � w~ Og ER OQ o C FOR REVIEW ONLY NOT FOR PROPERTY ACQUISITION EXHIBIT I 8.G.b I LEGAL DESCRIPTION A 20.00 foot strip of land lying within the Yavapai-Prescott Indian Reservation, Township 14 North, Range 2 West of the Gila and Salt River Base and Meridian, Yavapai County, Arizona, more particularly described as follows: COMMENCING at the intersection of the west line of Section 34, Township 14 North, Range 2 West, and the southwesterly boundary line of said Yavapai-Prescott Indian Reservation from which the southeast corner of said Yavapai-Prescott Indian Reservation bears South 41° 30' 06" East a distance of 9596.27 feet; Thence South 41° 30' 06" East, along said westerly boundary line, a distance of 1868.90 E feet to a point on the northerly boundary line of the Veterans Administration property; w Thence North 48° 07' 10" East, along said northerly boundary line, a distance of 1368.96 CO as feet; a Thence North 06° 08' 52" west, along said northerly boundary line, a distance of 1176.91 feet; 2 Thence North 68° 37' 35" East, along said northerly boundary line, a distance of 3141.48 feet; Cr) Thence South 66° 52' 10" East, along said northerly boundary line, a distance of 238.99 feet to a point on the westerly right of way line of State Route 89 as shown on the Arizona Department of Transportation Right of Way planset S 089-B-701, by Aztec Engineering, dated September 13, 2007; Thence continuing South 66° 52' 10" East, along said northerly boundary line, a distance •Q of 45.67 feet to the TRUE POINT OF BEGINNING, Sidelines to be prolonged or d shortened to terminate at the northerly boundary line of said Veterans Administration property and the northerly boundary line of said Yavapai-Prescott Indian Reservation, or, Sidelines to be 10.00 feet each side of the following described centerline; 4- Thence North 34° 26' 10" East, a distance of 119.93 feet; E Thence North 26° 03' 48" East, a distance of 81.24 feet; Thence North 36° 18' 59" East, a distance of 25.41 feet; Thence North 26° 09' 18" East, a distance of 135.63 feet; Thence North 71° 09' 18" East, a distance of 75.74 feet; Thence North 26° 04' 28" East, a distance of 537.89 feet; Page 1 of 2 I Packet Pg. 119 I I 8.G.b I Thence along a tangent curve, concave to the northwest, having a radius of 5751.00 feet, a central angle of 01° 59' 27", an arc length of 199.82 feet, a chord bearing of North 25° 04' 45" East and a chord length of 199.80 feet; Thence North 22° 20' 38" East, a distance of 174.61 feet; Thence along a tangent curve, concave to the northwest, having a radius of 5748.43 feet, a central angle of 01° 22' 07", an arc length of 137.32 feet, a chord bearing of North 21° 39' 35" East and a chord length of 137.32 feet; Thence North 18° 20' 51" East, a distance of 37.29 feet; E Thence North 21° 02' 40" East, a distance of 59.84 feet; y CO w Thence North 23° 44' 28" East, a distance of 36.92 feet; m U) Thence North 20° 58' 58" East, a distance of 403.87 feet; a Thence along a tangent curve, concave to the southeast, having a radius of 3000.00 feet, a central angle of 11° 24' 50", an arc length of 597.63 feet, a chord bearing of North 26° 41' 23" East and a chord length of 596.64 feet to a point on the northerly line of said Yavapai-Prescott Indian Reservation and said CENTERLINE THERE TERMINATING. Containing 52,545.69 sf. or 1.21 acres more or less. rn 09/07/17 ti LE#274-35 274-35 SR89 Sew Esmt.docx JASON O'BRIEN, R.L.S. a co LAND s, E�i 0\FICA7- 4, 4647 • cr JAS 0 O'BRIE ned0'0 P E '/20NA, R EXPIRES 6/30/19 Page 2 of 2 I Packet Pg. 120 I 8.G.b I MAP TO ACCOMPANY S' LEGAL DESCRIPTION TERMINUS r c O E a> U) a6 W THIS DESCRIPTION m d w (5 Yavapai—Prescott a Indian Reservation c M c P.O.B. - H co O c c / N op co mi. co J �� O O. O I- COMMENCING Gj d Ik ( 0 �a co a) J Veterans c Administration E \ Q /SECTION 34 I Packet Pg. 121 I 8.H I ('tun'oF PR ES(COTT Ll'i/eXe4;/4,,,tat'iea COUNCIL AGENDA MEMO MEETING DATE/TYPE: VOTING MEETING 11-28-17 DEPARTMENT: Public Works AGENDA ITEM: Award of City Contract No. 2018-107 to Hennesy Mechanical Sales, LLC, for one replacement effluent water pump, in an amount not to exceed $18,103.24. Funding is available in the Wastewater Fund. FUNDING SOURCE: Wastewater Fund Approved By: Michael Lamar, City Manager Item Summary This item is for the purchase of one replacement effluent water pump from Hennesy Mechanical Sales, LLC in the amount of$18,103.24. Background The City has effluent sales agreements with end users, to provide effluent water for reuse. The City's Airport Water Reclamation Facility utilizes a pump station to convey effluent water to its customers. The two existing pumps, when run together, will not deliver the required flows. Replacing one of the pumps with a higher output pump will assure that the effluent volume is delivered as required by the agreements. The pump being replaced will be kept on stand-by for emergencies should the similar existing pump fail. Bid Results Three quotes were received for this purchase. Hennesy Mechanical Sales submitted the lowest, most responsive bid in the amount of $18,103.24. Estimated delivery of the pump is 6-8 weeks, pending approval to purchase. Financial Impact FY18 funding in the amount of $18,103.24 is available in the Wastewater Fund for this purchase. Attachments 1. Quote #17-8653 Hennesy Mechanical Sales LLC I Packet Pg. 122 I 8.H AGENDA ITEM: Award of City Contract No. 2018-107 to Hennesy Mechanical Sales, LLC, for one replacement effluent water pump, in an amount not to exceed $18,103.24. Funding is available in the Wastewater Fund. Recommended Action: MOVE to award City Contract No. 2018-107 to Hennesy Mechanical Sales, LLC in an amount not to exceed $18,103.24. 2 1 Packet Pg. 123 I I 8.H.a I Hs Date I Quote# H'r cf.r i M S nti 10/30/2017 17-8653 201 South 26th Street Phoenix, AZ 85034 Phone: (602) 996-3444 TO: I Fax: (602) 996-9408 City of Prescott 1505 Sundog Ranch Road Prescott, AZ 86301 QUOTATION Attn: Scott Gregorio REFERENCE SERIAL NUMBER I TERMS I FOB I REP Booster Pump Repl. I NEW I Net 30 I Factory I SS d QTY DESCRIPTION Part Number COST TOTAL ti Fairbanks Horizontal Split Case Pumps U J 1 Fairbanks Model 4"1822B, 75HP -Horizontal single stage split case 17,503.24 17,503.24 J bronze fitted pump,designed to deliver 825 US gpm @ 245 Ft. TDH. co to -Pump package includes 4"1822B pump,US Motors 75 HP, 3600 RPM, 230/460v, 3Ph, 60Hz Horizontal, ODP,premium efficient motor, steel cc baseplate baseplate with drip lip, 364T Frame motor coupling and guard., Pump construction includes dual John Crane mechanical seals,Type 21 2 Buna-N, Carbon, Ceramic, 18-8 SS. >, d * Please see the attached pump curve,technical description, drawing and detailed product information. _ co 1 Shipping&Handling direct to Prescott. * Delivery is 8-10 weeks. 600.00 600.00 c? Sales Tax 0.00 0.00 T z a co Total $18,103.24 Prices quoted are firm for your acceptance for 30 days. This quotation and any resulting order will be subject to our standard terms and conditions of sale. Prices do not include spare parts unless specifically itemized above. I Packet Pg. 124 I 8.1 ('IT Vol,PREScoTT COUNCIL AGENDA MEMO MEETING DATE/TYPE: VOTING MEETING 11-28-17 DEPARTMENT: Airport AGENDA ITEM: (1) Approval of Consent to Assignment of Airport Lease Agreement for Airport Lease (City Contract No. 1990-029C) from Ritt-Aire LLC to JDS Family Limited Partnership; and (2) Approval of Amendment (City Contract No. 1990-029CA1) to add a fifteen year extension to the Lease Agreement. Approved By: Michael Lamar, City Manager Item Summary These related airport items are for: (1) consenting to the assignment of an existing Lease between the City and Ritt-Aire LLC to JDS Family Limited Partnership; and, (2) after consenting to the assignment of the Lease to JDS Family Limited Partnership, to amend the term of the Lease by twenty five years. Background The "Ritt-Aire Complex", located on the corner of Wilkinson and Melville Road, was constructed in 1990. The original lease was between the City and Arizona Flight School Inc. The first amendment to the lease (City Contract No. 1990-029A) changed the term to twenty five years with one twenty five year extension. There was also a slight adjustment to the square footage that was leased. The lease also was sold and assigned to Arizona Pacific Aviation. The second amendment to the lease (City Contract No. 1990-029AS) was an agreement for accord and satisfaction, as the lessee did not construct the office space that was originally agreed upon within the lease. City Council also approved, on July 30, 1996, the construction of a 10,000 gallon fuel tank to be constructed on the property. The third amendment (City Contract No. 1990-029A1) was the lease transfer from Arizona Pacific Aviation to RittAire, LLC on July 22, 1997. The fourth amendment increased the lease size to 7 acres and adjusted the lease payment. This was approved by council on May 11, 1999. I Packet Pg. 125 I I 8.1 I AGENDA ITEM: (1) Approval of Consent to Assignment of Airport Lease Agreement for Airport Lease (City Contract No. 1990-029C) from Ritt-Aire LLC to JDS Family Limited Partnership; and (2) Approval of Amendment (City Contract No. 1990-029CA1) to add a fifteen year extension to the Lease Agreement. Due to the investment of purchasing the hangar from RittAire, LLC, JDS Family Limited Partnership has requested to add an additional fifteen years to the Lease. If approved, the new expiration date will be April 12, 2055. Financial Impact The Lease payment is currently $3,388.54 per month ($40,662.00 per year) excluding applicable taxes and the lease contains an automatic cumulative CPI increase every year not less than 2%. The next CPI increase is scheduled for January of 2018. Attachments 1. City Contract No. 1990-029C (Consent to Assignment of Lease) 2. City Contract No. 1990-029CA1 - Amendment Recommended Action: (1) MOVE to approve Consent to Assignment of Airport Lease (City Contract No. 1990-029C) from Ritt-Aire LLC to JDS Family Limited Partnership. (2) MOVE to approve Amendment (City Contract No. 1990-029CA1) to add a fifteen year extension to the Lease Agreement. Packet Pg. 126 I I 8.I.a I 1990-029C CONSENT TO ASSIGNMENT OF AIRPORT HANGAR LEASE AGREEMENT (CITY OF PRESCOTT CONTRACT NO. 1990-029, AS AMENDED) FROM RITT-AIRE TO co JDS Family Limited Partnershipco CD WHEREAS, the City of Prescott ("City") entered an Airport Hangar Lease Agreement with Ritt-Aire ("Assignor"), an Arizona limited liability company, and Assignor now desires to assign its Airport Hangar Lease Agreement to JDS Family Limited Partnership ("Assignee"), an Arizona limited partnership; and WHEREAS, , historically, the Assignor acquired ownership of a hangar under a Lease Agreement between the City and Arizona Flight School Inc., dated April 13, 1990 (City Contract No. 1990-029). The Lease was amended January 24, 1995, and assigned o Arizona Pacific Aviation, Inc. (City Contract No. 1990-029A) The Lease was further amended on July 30, 1996 (City Contract No. 1990-029AS). The Lease was assigned from Arizona Pacific Aviation, Inc., to Rittaire, LLC, on July 22, 1997. (City Contract No. 1990-029A1). The Lease was amended on May 11, 1999. (City Contract No. 1990-029B). City Contract No. 1990-029, along with all subsequent amendments are collectively referred to as the "Lease Agreement" in this r document; and, y WHEREAS, Article 5 of the Lease Agreement requires the City to consent to any assignment of the Lease Agreement; and U WHEREAS, as part of this Consent to Assignment, the Assignee will abide by all of the o original terms and conditions of the Lease Agreement, as amended; and WHEREAS, the Assignee has satisfactorily provided proof of financial stability, proof ° of appropriate plans for use of the hangar, proof of legal authority to bind Assignee and has made o appropriate provisions to pay the requisite transfer fee. NOW, THEREFORE: U 1. The City consents to the assignment of the Lease Agreement (City Contract No. 1990-029) from Ritt-Aire LLC, an Arizona limited liability company, to JDS Family Limited Partnership, an Arizona limited liability partnership. 2. All other terms and conditions of the original Lease Agreement(City Contract No.1990-029, as amended) shall remain in full force and effect. Packet Pg. 127 I 8.I.a I d HARRY B. OBERG, Mayor I- d ATTEST: co ti MAUREEN SCOTT, City Clerk m APPROVED AS TO FORM: JON M. PALADINI, City Attorney cs, •N N O ACCEPTANCE OF ASSIGNMENTCD f/1 ASSIGNEE hereby accepts the foregoing assignment of the rights, title, interest and v obligations of ASSIGNOR under the Lease Agreement and agrees to be bound by and perform such obligations pursuant to the terms of the Lease Agreement and this Assignment. o 0 rn 0 DATED: ASSIGNEE JDS Family Limited Partnership U r U c d E .c BY: Common Ground Services, LLC ITS: General Partner Michelle Clay, Manager I Packet Pg. 128 I I 8.I.b I CITY CONTRACT NO. 1990-029CA1 AMENDMENT TO LEASE AGREEMENT #1990-029C THIS Amendment to Lease Agreement (City Contract No.1990-029) is made this 28h day of November, 2017, between the City of Prescott, a municipal corporation of the State of Arizona, also referred to as "Lessor" in this document, and JDS Family Limited Partnership, also referred to as "Lessee" in this document: ;, w C WHEREAS, historically, the Assignor acquired ownership of a hangar cv it under a Lease Agreement between the City and Arizona Flight School Inc., dated a to April 13, 1990 (City Contract No. 1990-029). The Lease was amended January CC 24, 1995, and assigned o Arizona Pacific Aviation, Inc. (City Contract No. 1990- 0_1 029A) The Lease was further amended on July 30, 1996 (City Contract No. 0 1990-029AS). The Lease was assigned from Arizona Pacific Aviation, Inc., to N. Rittaire, LLC, on July 22, 1997. (City Contract No. 1990-029A1). The Lease was ti amended on May 11, 1999. (City Contract No. 1990-029B).City Contract No. 1990-029, along with all subsequent amendments are collectively referred to as the "Lease Agreement" in this document; and, g a WHEREAS, on November 28, 2017, the City consented to an assignment g a of the Lease Agreement from Rittaire, LLC, to JDS Family Limited Partnership; and, a U N WHEREAS, the parties now wish to amend Paragraph 3(a) of the original o Lease Agreement (City Contract No. 1990-029), which reflects JDS Family a, Limited Partnership, desire to extend the lease term by and additional (15) years o and reflects the City's desire to permit the extension of the term of the lease; z 15 tv WHEREAS, Paragraph 3(a) was amended previously in City Contract No. o 1990-029A; and, o WHEREAS, the City's Real Property Specialist has opined that the City is currently receiving fair market rent for this facility and the Lease Agreement ' contains annual inflation adjustments. g a r NOW, THEREFORE: a SECTION 1. Paragraph 3(a) of the Lease Agreement shall be amended to read as follows: "The term of this Lease Agreement shall expire on April 12, 2055."" SECTION 2. All other terms and conditions of the Lease Agreement (City Contract No. 1990-029, as amended) shall remain in full force and effect. I Packet Pg. 129 I I 8.I.b LEASE AMENDMENT NO. 6 TO CITY CONTRACT 1990-029 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. LESSOR: CITY OF PRESCOTT Harry B. Oberg, Mayor L. 4- ATTEST: c 0 It Maureen Scott, City Clerk y C d J Cl) APPROVED AS TO FORM: ° F.- CD Jon M. Paladini, City Attorney c d E a LESSEE: JDS Family Limited Partnership Michelle Clay, Manager, Common o Ground Services, LLC, General Partner o co 0 z .. ) r C O C) U r C m E C Q I Packet Pg. 130 I I 8.J I ('ITYcnF PPESCOrfr COUNCIL AGENDA MEMO MEETING DATE/TYPE: VOTING MEETING 11-28-17 DEPARTMENT: Human Resources AGENDA ITEM: Approval of FY18 increase for contracted employees City Manager (City Contract No. 2018-004) and City Attorney (City Contract No. 2017-370). Approved By: Michael Lamar, City Manager ,I Item Summary Council members propose the City Manager and City Attorney receive a 4% increase to their respective salaries for FY18 effective with the current pay period. Both employment contracts are in effect from July 1, 2017 through June 30, 2018. Background City Manager, Michael Lamar, completed his one-year anniversary October 10, 2017 and City Attorney, Jon Paladini, completed his fourth year with the City January 22, 2017. Both received favorable performance evaluations from Council in June. The merit increase is in keeping with Council's approval of the classification and compensation market study and implementation effective July 1, 2016. The City Manager has had no prior increases since date of hire, and the City Attorney's last increase was over 15 months ago. Attachments 1. City Contract No. 2018-004 2. City Contract No. 2017-370 Recommended Action: MOVE to approve 4% salary increases for City Manager and City Attorney. I Packet Pg. 131 I I 8.J.a I EMPLOYMENT CONTRACT OF CITY MANAGER CITY CONTRACT NO. 2018-004 THIS EMPLOYMENT CONTRACT No 2018-004 by and between the City of Prescott, a municipal corporation of the State of Arizona, acting through its City Council, hereinafter referred to as "City", and Michael W. Lamar, hereinafter referred to as "City Manager". WHEREAS, the Charter of the City of Prescott empowers the Council of Ss the City of Prescott to appoint and remove the City Manager of the City of o Prescott; and E w WHEREAS, the City and the City Manager entered into that certain ci Employment Contract of City Manager on October 10, 2016 (City Contract o Number 2017-095) ("City Manager Contract"), which has been subsequently c0 extended by agreement between the City and the City Manager; and 2 d co WHEREAS, Michael W. Lamar desires to serve as City Manager of the d City of Prescott upon the terms set forth herein. c w 0 NOW, THEREFORE, in consideration of the mutual covenants set forth 73 herein, the parties agree as follows: 2 a a SECTION 1. APPOINTMENT •• N N. N. City agrees to employ Michael W. Lamar as City Manager of the City of Prescott. o 0 co SECTION 2. TERM N 0 The City Manager shall serve at the pleasure of the Council of the City of z Prescott for a period of three (3) years, commencing on July 1, 2017 through ci June 30, 2018 for evaluation purposes, or as otherwise renewed as set forth o herein. 0 U SECTION 3. SALARY c d The salary of the City Manager term of this Agreement shall be One = Hundred Forty Nine Thousand Dollars ($149,000.00) per annum. a SECTION 4. DEFERRED COMPENSATION In addition to the City's standard payment to the Arizona State Retirement System (50% City/50% Employee), the City, in addition to the base salary in Section 3 above, agrees to pay Six Thousand Dollars ($6,000) per year into the ICMA Retirement Corporation or any Section 457 deferred compensation plan of 1 I Packet Pg. 132 I I 8.J.a I City Manager's choosing for City Manager's participation in said supplementary retirement plan. The payment into such designated plan on the City Manager's behalf will be in equal proportionate amounts each pay period. SECTION 5. SEVERENCE PAY In the event that the City Manager is removed from office by the Council of the City of Prescott, the City Manager shall be entitled to severance pay as set forth below. Severance pay shall mean the gross monthly salary as set from d time to time between the parties. In the event that the City Manager is removed o during the term of this Agreement, or any time thereafter, then the City Manager E shall be entitled to six (6) months severance pay. Should the City Manager resign w under this Agreement, the City Council shall have no obligation to pay severance L to the City Manager, but may, at its discretion, determine whether or not o severance pay will be paid to the City Manager. The City shall not be obligated 0 for severance hereunder in the event that the cause for removal shall be wL felonious conduct while in office, or in the event that the City Manager shall not 0 have given a minimum of sixty (60) days notice of his resignation. V c SECTION 6. REMOVAL OF CITY MANAGER o To > This Agreement may be terminated by the City, acting through the City ° Council. In accordance with Article III of the Charter of the City of Prescott, the a City Manager serves at the pleasure of the City Council, and no notice or cause shall be required for his termination. SECTION 7. COMPLIANCE WITH LAW o 0 co The City Manager agrees to comply with the provisions of the Charter of N the City of Prescott, the City Code of the City of Prescott, formal recorded actions c of the City Council, and any and all other applicable laws. Z 173 SECTION 8. EVALUATIONS OF CITY MANAGER o U The City Manager shall be evaluated by the Council of the City of r Prescott, on an annual basis. r c SECTION 9. SALARY AND BENEFIT ADJUSTMENTS V to tr Following the annual evaluation of the City Manager by the City Council, a the salary and any additional benefits of the City Manager may be adjusted by the City Council. Section 3 of this Agreement shall be deemed to be so amended by formal recorded vote of the City Council. The balance of the terms contained herein shall remain in effect as written, unless amended in writing and signed by the parties. 2 I Packet Pg. 133 I I 8.J.a I SECTION 10. VACATION AND OTHER BENEFITS In addition to his salary, the City Manager shall be entitled to all of the benefits accorded him pursuant to the provisions of Title 1, Chapter 20 of the City Code, as amended from time to time, and other applicable City policies. The City Manager shall be given a one-time credit of 40 hours to the PTO bank on his start date with an accrual rate of 5.2354 hours per pay period. The City Managercu FLSA status is exempt and thereby he will be credited 40 hours exempt leave 0 every January to use or lose by the end of the calendar year, prorated for E calendar year 2016 from City Manager's start date. The City Manager will receive w a car allowance of Four Hundred Dollars ($400.00) per month and cell phone cc allowance of One Hundred Dollars ($100.00) per month. Family health and c dental insurance, at the premier level, and one additional year of life insurance 0 will be provided. 2 d 0 SECTION 11. NOTICE OF RESIGNATION co c City Manager hereby agrees to give a minimum of sixty (60) days notice in o the event that he resigns from the position of City Manager, City of Prescott, To Arizona. 2 a a SECTION 12. CANCELLATION a N N. ti Pursuant to A.R.S. §38-511, the City of Prescott may cancel this contract, without penalty or further obligation, if any person significantly involved in o initiating, negotiating, securing, drafting or creating the contract on behalf of the o City of Prescott is, at any time while the contract or any extension of the contract N is in effect, an employee or agent of any other party to the contract in any c capacity or a consultant to any other party of the contract with respect to the z subject matter of the contract. co c 0 SECTION 13. ENTIRE AGREEMENT c) M The text of this Agreement constitutes the entire agreement between the parties. Any representations, statements, promises, or understanding not contained herein shall be of no continued force, effect or validity. CC SECTION 14. SEVERABILTIY a The invalidity in whole or in part of any provision hereof shall not affect the validity of any other provision hereof and this Agreement shall remain in full force and effect except as to such invalid provision. 3 Packet Pg. 134 I I 8.J.a PASSED, APPROVED AND ADOPTED by the Mayor and Council of the City of Prescott this day of , 2017. CITY MANAGER: Michael W. Lamar d 0 O CITY: E w 15 Mayor Harry B. Oberg to 0 u Attest: w tn O 0 C w 0 Maureen Scott, City Clerk Jon M. Paladini, City Attorney 71 0 a a a N I, r. vr O O O O N O z c�.. CO 4- C 0 u Z. u 4-. C m E 0 O Z a 4 I Packet Pg. 135 I I 8.J.b I EMPLOYMENT CONTRACT OF CITY ATTORNEY CITY CONTRACT NO. 2017-370 THIS EMPLOYMENT CONTRACT No. 2016-316 by and between the City of Prescott, a municipal corporation of the State of Arizona, acting through its City Council, hereinafter referred to as "City", and Jon M. Paladini, hereinafter referred to as "City Attorney". WHEREAS, the Charter of the City of Prescott empowers the Council of 17 the City of Prescott to appoint and remove the City Attorney of the City of _o Prescott; and a w WHEREAS, the City and the City Attorney entered into that certain ,13 Employment Contract of City Attorney on January 8, 2013 (City Contract Number o 2013-116) ("City Attorney Contract"), which has been subsequently extended C) annually by agreement between the City and the City Attorney; and w y 03 WHEREAS, the City and the City Attorney desire to extend the term of the City Attorney Contract and restate the City Attorney Contract as provided herein. c w 0 NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 2 CL SECTION 1. APPOINTMENT a N ti ti City agrees to employ Jon M. Paladini as City Attorney of the City of Prescott. o T N. SECTION 2. TERM N 6 The City Attorney shall serve at the pleasure of the Council of the City of z Prescott commencing on July 1, 2017 through June 30, 2019, or as otherwise 03 renewed as set forth herein. E 0 U SECTION 3. SALARY U r The salary of the City Attorney term of this Agreement shall be $147,004 per annum. u ro t SECTION 4. SEVERENCE PAY a In the event that the City Attorney is removed from office by the Council of the City of Prescott, the City Attorney shall be entitled to severance pay as set forth below. Severance pay shall mean the gross monthly salary as set from time to time between the parties. In the event that the City Attorney is removed during the term of this Agreement, or any time thereafter, then the City Attorney 1 I Packet Pg. 136 I I 8.J.b I shall be entitled to six (6) months severance pay. Should the City Attorney resign under this Agreement, the City Council shall have no obligation to pay severance pay to the City Attorney, but may, at its discretion, determine whether or not severance pay will be paid to the City Attorney. The City shall not be obligated for severance hereunder in the event that the cause for removal shall be felonious conduct while in office, or in the event that the City Attorney shall not have given a minimum of thirty (30) days notice of his resignation. SECTION 5. REMOVAL OF CITY ATTORNEY 0 This Agreement may be terminated by the City, acting through the City E Council. In accordance with Article IV, Section 4 of the Charter of the City of w r Prescott, the City Attorney serves at the pleasure of the City Council, and co notwithstanding the terms of Paragraph 4 herein, no notice or cause shall be o required for his termination. c.) 0 w SECTION 6. COMPLIANCE WITH LAW v, to a, The City Attorney agrees to comply with the provisions of the Charter of c the City of Prescott, the City Code of the City of Prescott, formal recorded actions c of the City Council, and any and all other applicable laws. 73 0 SECTION 7. EVALUATIONS OF CITY ATTORNEY a The City Attorney shall be evaluated by the Council of the City of Prescott, N. on an annual basis. 0 N. SECTION 8. SALARY AND BENEFIT ADJUSTMENTS ti 0 N Following the annual evaluation of the City Attorney by the City Council, c the salary and any additional benefits of the City Attorney may be adjusted by the z City Council. Section 3 of this Agreement shall be deemed to be so amended by co formal recorded vote of the City Council. The balance of the terms contained o herein shall remain in effect as written, unless amended in writing and signed by c0 the parties. U SECTION 9. VACATION AND OTHER BENEFITS In addition to his salary, the City Attorney shall be entitled to all of the 03 benefits accorded him pursuant to the provisions of Title 1, Chapter 20 of the City a Code, as amended from time to time, and other applicable City policies. The City Attorney is provided a PTO accrual rate of 5.2354 hours per pay period. The City attorney is exempt status and credited 40 hours exempt leave every January to use or lose by end of calendar year. City attorney will also receive a car allowance of$400.00 per month and cell phone allowance of$45.00 per month. 2 I Packet Pg. 137 I 8.J.b I SECTION 11. NOTICE OF RESIGNATION City Attorney hereby agrees to give a minimum of thirty (30) days notice in the event that he resigns from the office of City Attorney, City of Prescott, Arizona. SECTION 12. CANCELLATION d d Pursuant to A.R.S. §38-511, the City of Prescott may cancel this contract, 0 without penalty or further obligation, if any person significantly involved in E initiating, negotiating, securing, drafting or creating the contract on behalf of the w City of Prescott is, at any time while the contract or any extension of the contract L is in effect, an employee or agent of any other party to the contract in any 5 capacity or a consultant to any other party of the contract with respect to the 0 L subject matter of the contract. w am N as SECTION 13. ENTIRE AGREEMENT 0 c The text of this Agreement constitutes the entire agreement between the 5 parties. Any representations, statements, promises, or understanding not To contained herein shall be of no continued force, effect or validity. 2 a a a SECTION 14. SEVERABILTIY •• N n N. The invalidity in whole or in part of any provision hereof shall not affect the validity of any other provision hereof and this Agreement shall remain in full force M and effect except as to such invalid provision. N. 0 N PASSED, APPROVED AND ADOPTED by the Mayor and Council of the c City of Prescott this day of , 2017. ? co L c 0 U r Mayor Harry B. Oberg d 0 Attest: co a Maureen Scott Jon M. Paladini, City Attorney City Clerk 3 I Packet Pg. 138 I I 9.A.1 I ('ITYor PRES( OTT" re/e4; COUNCIL AGENDA MEMO MEETING DATE/TYPE: VOTING MEETING 11-28-17 DEPARTMENT: City Clerk AGENDA ITEM: Public Hearing and consideration for an Acquisition of Control for a Series 10 (Beer and Wine Store) from Jodi L. Vurnovas, applicant for Good 2 Go Store located at 3179 Willow Creek Road. Approved By: Michael Lamar, City Manager Item Summary Jodi Vurnovas has applied for an Acquisition of Control for a Series 10 Wine and Beer store for the Good 2 Go Store. License: Good 2 Go Store Address: 3179 Willow Creek Road Applicant: Jodi Vurnovas City Application No. 17-309 State Application No. 10133302 Sixty Day Processing Deadline December 04, 2017 Staff Recommendation Police Department In Compliance Business & Sales Tax Licensing In Compliance Public Comments Received None NOTE: State law provides that for an Acquisition of Control application, "In all proceedings before the governing body of a city...the applicant bears the burden of showing that the public convenience requires that the best interest of the community will be substantially served by the issuance of a license. "(A.R.S. §4-201) Background The application presented for consideration has complied with each of the following requirements. 1. The application has been filed with the State Liquor Department and released to the City for additional processing. I Packet Pg. 139 9.A.1 I AGENDA ITEM: Public Hearing and consideration for an Acquisition of Control for a Series 10 (Beer and Wine Store) from Jodi L. Vurnovas, applicant for Good 2 Go Store located at 3179 Willow Creek Road. 2. The City application fee, set by Section 4-7-3 of the Prescott City Code, has been paid. 3. The application has been posted at the proposed location for the required twenty days and statements of opposition or statements of support received by the City Clerk are attached. 4. The Police Department has reviewed the application according to State law, which precludes issuance of a license to any person who: (1) Within one year has violated any provision of a liquor license or had a liquor license revoked; or (b) Within five years of the date of application has been convicted of a felony involving moral turpitude. 5. The Finance Department has reviewed the application to determine any delinquent tax information. 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. Recommendation of Approval 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 hearing is requested, the Director may approve the license. Recommendation of Disapproval 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. No Recommendation 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 fees have been paid. Attachments 2 I Packet Pg. 140 I 9.A.1 AGENDA ITEM: Public Hearing and consideration for an Acquisition of Control for a Series 10 (Beer and Wine Store) from Jodi L. Vurnovas, applicant for Good 2 Go Store located at 3179 Willow Creek Road. 1. R19-1-702 2. Liquor License Series Number Definitions Recommended Action: (1) MOVE to close the Public Hearing (2) MOVE to approve/deny/make no recommendation for Liquor License AppAcalion No. 10133302 for an Acquisition of Control for a Series 10 Wine and Bar liquor 11 Packet Pg. 141 I for the Good 2 Go Store located at 3179 Willow Creek Road. I9.A.1.a I Arizona Laws and Regulations Relating to Granting a Liquor License for a Certain Location (pursuant to Arizona Revised Statute §4-201(I)) R19-1-702. Determining Whether to Grant a License for a Certain Location A. To determine whether public convenience requires and the best interest of the community will be substantially served by issuing or transferring a license at a particular unlicensed location, local governing authorities and the Board may consider the following criteria: 1. Petitions and testimony from individuals who favor or oppose issuance of a license and who reside in, own, or lease property within one mile of the proposed co r premises; o 2. Number and types of licenses within one mile of the proposed premises; N 3. Evidence that all necessary licenses and permits for which the applicant is c eligible at the time of application have been obtained from the state and all other c governing bodies; w 4. Residential and commercial population of the community and its likelihood of c increasing, decreasing, or remaining static; t 5. Residential and commercial population density within one mile of the proposed c0 premises; 15 6. Evidence concerning the nature of the proposed business, its potential market, `oi._ and its likely customers; 7. Effect on vehicular traffic within one mile of the proposed premises; c 8. Compatibility of the proposed business with other activity within one mile of the a proposed premises; 9. Effect or impact on the activities of businesses or the residential neighborhood that might be affected by granting a license at the proposed premises; 10. History for the past five years of liquor violations and reported criminal activity at 0 the proposed premises provided that the applicant received a detailed report of the violations and criminal activity at least 20 days before the hearing by the ic- Board; r 11. Comparison of the hours of operation at the proposed premises to the hours of operation of existing businesses within one mile of the proposed premises; and 0 12. Proximity of the proposed premises to licensed childcare facilities as defined by r A.R.S. § 36-881. a B. This Section is authorized by A.R.S. § 4-201(I). Attachment 2 I Packet Pg. 142 I I 9.A.1.b I LIQUOR LICENSE SERIES NUMBER DEFINITIONS 1 In-State Producer, all spirituous liquor, produced on-premises, may sell to Arizona-licensed wholesalers only. 2 Out-of-state Producer, all spirituous liquor, produced on-premises, may sell to Arizona-licensed wholesalers only. 3 Microbrewery, less than 1,240,000 gallons of beer produced annually on premises, unlimited on- and off-sale, less than 93,000 gallons may be distributed to retail licensees annually. 117 4 Wholesaler, all spirituous liquor, purchased from in- and out-of-state Arizona licensed producers, may y sell to Arizona-licensed retailers. 5 Government, all spirituous liquor, may sell to patrons to consume on premises. 6 Bar, all spirituous liquor, off-sale sales in original, unopened container may not exceed 30°/0 of on-sale o receipts, may sell to patrons to consume on premises. 7 Beer and Wine Bar, beer and wine only, off-sale sales in original, unopened container may not exceed 7 30% of on-sale receipts, may sell to patrons to consume on premises. 9 Liquor Store, all spirituous liquor, may sell "carry-out" to patrons to consume off-premises, on-site temporary sampling events hosted by producer or wholesaler. a 9S Liquor Store with Sampling Privileges, all spirituous liquor, may sell "carry-out" to patrons to consume off-premises, provide limited residential delivery, on-site permanent sampling events using store inventory. 10 Beer and Wine Store, beer and wine only, may sell "carry-out" to patrons to consume off-premises, on- c site temporary sampling events hosted by producer or wholesaler. 10S Beer and Wine Store with Sampling Privileges, beer and wine only, may sell "carry-out" to patrons to c consume off-premises, on-site permanent sampling events using store inventory. 11 Hotel/Motel w/Restaurant, all spirituous liquor, may sell to patrons to consume on premises. 12 Restaurant, all spirituous liquor, may sell to patrons to consume on premises. cn 13 Farm Winery, produces at least 200 gallons, but not more than 40,000 gallons of wine annually, c produced on premises and by other domestic farm wineries. a) 14 Private Club, all spirituous liquor, may sell to bona fide members & their guests for on-premises c consumption. cr J 15 Special Event, all spirituous liquor, temporary license, off-sale allowed by auction in closed, original d container for off-sale consumption, may sell to patrons to consume on premises. E .c 16W Farm Winery Fair/Festival, authorization issued for a specified period to a domestic farm winery r to serve samples of its products and sell the products in individual portions for consumption on the premises or in original, unopened, containers for consumption off the premises. 18 In-State Craft Distillery, less than 20,000 gallons of distilled spirits annually on-premises, may sell and ship to Arizona licensed wholesalers. May sell and ship to Arizona-licensed retailers when annual production is less than 1,189 gallons. On-and off-sale retail privileges on licensed premises. Attachment 1 I Packet Pg. 143 I I 9.A.1.b I 19 Remote Tasting Room, owned and operated by a licensee that concurrently owns one of the following Arizona liquor licenses: (1) Series 2W, Out-of-state Farm Winery; (2) Series 2D, Out-of-state Craft Distillery; (3) Series 13, In-state Farm Winery; or(4) Series 18, In-state Craft Distiller. NOTE: A.R.S.§4-207. (A) and (B) state that no retailer's license shall be issued for any premises which are at the time the license application is received by the director, within three hundred (300) horizontal feet of a church, within three hundred (300) horizontal feet of a public or private school building with kindergarten programs or grades one (1) through (12) or within three hundred (300) horizontal feet of a fenced recreational area adjacent to such school building. U) The above paragraph DOES NOT apply to: a) Restaurants that do not sell growlers (A.R.S.§4-205.02) Series 12 N b) Hotel/motel license (A.R.S.§4-205.01) Series 11 c c) Microbrewery (A.R.S.§4-205.08) Series 3 d) Craft Distillery (A.R.S.§4-205.10) Series 18 e) Government license (A.R.S.§4-205.03) Series 5 f) Playing area of a golf course (A.R.S.§4-207 (B)(5)) g)Wholesaler/Distributor Series 4 0 h) Farm Winery Series 13 I) Producer Series 1 O ✓ on V CD ti N C O r C d d E z Ul d O N O N! C d V J I- O a- J C d E V r Attachment 1 I Packet Pg. 144 I 10 • -. c'IT Vol,PRESC'OTT COUNCIL AGENDA MEMO MEETING DATE/TYPE: VOTING MEETING 11-28-17 DEPARTMENT: Community Development AGENDA ITEM: Public Hearing for Deep Well Ranch rezoning (RZ17-003) of approximately 1,800 acres generally located at the northwest corner of the Highway 89 and 89A interchange. The request is to rezone Mixed Use (MU), Single-family-18 (SF- 18), Industrial Light (IL), Multi-family High (MF-H), Business Regional (BR) to Specially Planned Community (SPC) District. Owner is James Deep Well Ranch LLC. Associated with the rezoning request is the Deep Well Ranch Master Plan (MP17-005) and an amendment to the Airport Specific Area Plan. Approved By: Michael Lamar, City Manager Item Summary This report covers a text amendment to the Airport Specific Area Plan (ASAP); a rezoning of a portion of the Deep Well Ranch to the Specially Planned Community (SPC) district, approval of an associated master plan for development of the property, (as required by the SPC district) and approval of a Development Agreement (DA). The Land Development Code (LDC) requires a master plan for SPC districts to establish and control land uses and other development aspects within the area covered by that specific SPC zoning district. Airport Specific Area Plan A text amendment to ASAP is proposed to obtain land use consistency with the General Plan and to allow for the flexibility desired under the master plan. The language that is proposed to be amended is attached and shown in strikethrough and underline format. One specific area in need of amendment is Section B.13 of the Approved Plan section. The existing ASAP language references no new residential development within zones 1 through 5 of the plan. That language pre-dates and conflicts with the newer, voter approved General Plan Land Use Map and with the existing zoning that was put in place at the time the area was annexed. The General Plan Land Use Map indicates residential uses in zones 4 through 6 are permitted. The key protection zones are 1 and 2. Those two zones still prohibit residential uses. Zone 3 also prohibits residential uses. The master plan also proposes mixed commercial/residential uses in a small portion of Zone 3 in the vicinity of Pioneer Parkway at SR89. (See Exhibit land 2 for amended ASAP text.) AGENDA ITEM: Public Hearing for Deep Well Ranch rezoning (RZ17-003) of approximately 1,800 acres generally located at the northwest corner of the Highway 89 and 89A interchange. The request is to rezone Mixed Use (MU), Single-family-18 (SF-18), Industrial Light (IL), Multi- family High (MF-H), Business Regional (BR) to Specially Planned Community (SPC) District. Owner is James Deep Well Ranch LLC. Associated with the rezoning request is the Deep Well Ranch Master Plan (MP17-005) and an amendment to the Airport Specific Area Plan. Rezoning To implement the proposed master plan, the property must be rezoned to the SPC zoning district. While the rezoning is a prerequisite to the approval of the master plan, the SPC district has no development standards attached to it as it relies entirely upon the master plan for all such standards. The City Council may approve the rezoning to SPC, but it will not be implemented without the master plan with its development standards. (See Exhibit 3 for zoning map amendment.) Master Plan The master plan contains the development standards and land use controls for the various Land Use Groups proposed for the property. The master plan will function like the zoning for the property, in that it has controls for what uses are appropriate for different areas of the property and site requirements such as setbacks, parking, landscaping, etc. Much of what is proposed is different than the standards of the LDC, but creates equivalent controls for the development of individual commercial or residential sites within the master plan area. (The master plan is referenced, but not attached to the rezoning ordinance. A memorandum summarizing the master plan is an exhibit of the rezoning ordinance. The Memorandum of Master Plan is attached as Exhibit 4.) Development Agreement A development agreement is proposed for the development. The City Attorney presented the specifics of the development agreement and on-going negotiations to the Council at an executive session on November 20 (continued to a second session on November 21), and to the Council and public at a Study Session on November 21. The agreement is attached as Exhibit 5 and 6.) Possible Conditions After thorough discussions between City Staff and the Deep Well Ranch Planners, most of the approval conditions recommended by the Planning and Zoning Commission have been included in the master plan or resolved by DA language. Two issues remain. 1. Site plan review by the Planning and Zoning Commission shall be required per the 2016 City process for Site Plan Review. For all individual commercial and multi-family projects within 150' of Pioneer Parkway, the site plans shall be reviewed and approved by the Planning and Zoning Commission. Staff endorses including this condition as it will allow for more public information for projects proposed for this highly visible area. 2. A landscape buffer of 100' minimum shall be provided along Pioneer Parkway 2 AGENDA ITEM: Public Hearing for Deep Well Ranch rezoning (RZ17-003) of approximately 1,800 acres generally located at the northwest corner of the Highway 89 and 89A interchange. The request is to rezone Mixed Use (MU), Single-family-18 (SF-18), Industrial Light (IL), Multi- family High (MF-H), Business Regional (BR) to Specially Planned Community (SPC) District. Owner is James Deep Well Ranch LLC. Associated with the rezoning request is the Deep Well Ranch Master Plan (MP17-005) and an amendment to the Airport Specific Area Plan. and any proposed development. It shall be landscaped, irrigated and maintained by the Developer(s) *This is a significant concern for the developers as it inhibits commercial development of the site. Staff does not recommend including this condition as much of its intent is addressed by Condition 1. Attachments 1. RESOLUTION No. 4408-1617 AIRPORT AREA SPECIFIC PLAN 2. Res. 4408-1617 Exhibit"A" 2017 ASAP Amended 3. Ordinance 5056-1596 Deep Well Ranch rezoning to SPC 4. Ordinance 5056-1596 Exhibit A 5. Memorandum of Master Plan 6. RESOLUTION No. 4409-1618 Deep Well Ranch development agreement Recommended Action: (1) MOVE to adopt Resolution No. 4408-1617 amending the Airport Specific Area Plan. (2) MOVE to adopt Ordinance No. 5056-1596 Rezoning to Specially Planned Community (SPC) (3) MOVE to adopt Resolution No. 4409-1618 approving the development agreement (Contract No. 2018-115). RESOLUTION NO. 4408-1617 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF PRESCOTT, YAVAPAI COUNTY, ARIZONA, AUTHORIZING THE ADOPTION OF AN AIRPORT SPECIFIC AREA PLAN THAT CONFORMS TO THE CITY'S GENERAL PLAN AND ALLOWS FOR RESIDENTIAL USES IN ZONE 3; AND AUTHORIZING THE MAYOR AND STAFF TO TAKE ANY AND ALL STEPS NECESSARY TO ACCOMPLISH THE ABOVE. RECITALS: WHEREAS, the City wishes to adopt an updated and new Airport Specific Area Plan that will conform to the City's General Plan and allow for residential uses in Zone 3; and WHEREAS, it is in the best interests of the City's health, safety and welfare to enter into an updated and new Airport Specific Area Plan. ENACTMENTS: NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF PRESCOTT AS FOLLOWS: Section 1. THAT the City of Prescott hereby approves the Airport Specific Area Plan attached hereto and incorporated herein by reference as Exhibit "A". Section 2. THAT the Mayor and staff are hereby authorized to execute this Resolution and to take any and all steps deemed necessary to accomplish the above. PASSED AND ADOPTED by the Mayor and Council of the City of Prescott this day of , 2017. HARRY B. OBERG, Mayor ATTEST: APPROVED AS TO FORM: Maureen Scott, City Clerk JON M. PALADINI, City Attorney RESOLUTION NO. 4408-1617 EXHIBIT A ("Airport Specific Area Plan") .()_.4.-t.ack...riNeog+ AIRPORT SPECIFIC AREA PLAN (ASAP) 1. INTRODUCTION The planning area encompasses about 50-sq. miles and is dominated by undeveloped lands devoted to cattle ranching. Centered within ASAP is the region's general aviation airport — the Prescott Municipal (Ernest A. Love) Airport. Airport users, the Prescott Chamber of Commerce, and area industries have indicated an interest in planning for the area. In addition, the County Board of Supervisors, the region's Planning Commissions, and the Prescott City Council have acknowledged the need for airport area planning. Presently the only community plan in place is Yavapai County's 1991 Granite Dells Community Plan, which covers the south-central portion of ASAP. That Plan recommends a review by the end of 2000 to assess significant trends warranting any plan changes. The 1997 Prescott General Plan supports this planning effort where it acknowledges the regional value of the airport and the need to protect it from encroachment of residential development. The General Plan also notes the airport's location central to the expanding municipalities Prescott, Prescott Valley, and Chino Valley — and promotes regional cooperation to achieve airport protection. The potential economic development impact of the Prescott Airport to the Tri-city area cannot be understated. A recent study by Embry Riddle Aeronautical University estimated an average annual $43.5 million in direct economic impact based on airport organizations, services and businesses. Several land use issues have created a greater urgency for planning in the near term. The new arterial beltway — Pioneer Parkway/Airport Connector (SR 89A realigned) was completed, and introduced new pressures and opportunities for development. The groundwater mining declaration for the Prescott Active Management Area (AMA) of 1998 means that all new residential development within the AMA must rely on alternate water supplies or on exempt individual wells (all of ASAP lies within the AMA). Finally there is a growing concern for the remaining antelope range in the Tri-city area, which greatly characterizes the ASAP area. A regionally based plan is needed to guide future land use as the existing ranches seek to develop their holdings, and to protect the viability of ranching for those land owners experiencing development pressures. PLANNING PROCESS The project was initiated in 1999 by the Prescott City Council, which led to a series of presentations to the County Board of Supervisors (BOS), The Airport Advisory Board, the Airport Users Group, City of Prescott, Town of Chino Valley, and the Regional Association of Local Governments (RALG). In addition, participants in the 2020 forum recently identified airport protection and regional planning cooperation for the airport area as primary goals. A similar theme was voiced at the 2001 Airport Visioning meeting. Individual meetings were held early with subject landowners to inform them of the planning effort and to solicit their ideas and concerns. A needs survey was done for the area industries with a focus on their location parameters, employee and transportation needs. Key staff from Chino Valley, Prescott Valley, Prescott, and Yavapai County met to brainstorm ideas. The City of Prescott Community Development Dept. took the lead on writing the plan, based on the comments and information obtained. 1 PLAN AREA The 2009 Airport Master Plan shows areas of airport impact and the anticipated Day-Night Sound Level (DNL) zones resulting from airport activities (Fig 1).Using current FAA guidelines, six separate impact zones have been identified and will be used to restrict land use according to criteria outlined in the 2009 Airport Master Plan and in the Land Development Code. DNL sound level contours shall be used to determine noise attenuation levels in and around the airport. Habitable buildings within the 6 Airport Impact Zones shall be constructed using noise attenuation techniques to limit noise within each structure. Interior noise must be attenuated per the Airport Noise Overlay Soundproofing guidelines of LDC 5.2.7. It is recommended that habitable buildings outside of the 6 Airport Impact Zones but falling within the Airport Influence Area also be constructed using noise attenuation techniques to limit noise within each structure. Building height for all structures shall coincide with and be constrained by Part 77 of the FAA regulations. To help document the proven concerns for encroachment of inappropriate land uses around the airport, the airport manager has prepared a white paper detailing airport and aircraft operations (Appendix B). This research describes local aircraft practices and selected case studies that highlight the need for limiting residential densities near the airport and for creating an Airport Influence Area and avigation easement requirement. GRANITE DELLS COMMUNITY PLAN This 1991 community plan covers the SE quadrant of ASAP, and lands south of ASAP. It was written by Yavapai County staff with the direct input of many Granite Dells residents, the plan calls for low intensity uses that maintain the rural character. Most of the land use designations are compatible with nearby airport activity — light commercial, low and very low density residential, and recreational (Appendix C). However, the Agricultural classification assigned to lands east of the abandoned railroad line (now the Peavine Trail) is a holding designation that anticipates future changes. This "Agricultural" designation may be the most significant area to plan for given the new arterials anticipated to cross Granite Dells Ranch and Point of Rocks Ranch. The community plan also states that sound reverberation occurs as planes pass over the Granite Dells, and recommends that aircraft should therefore be routed around the Dells. This fact highlights the incompatibility concerns from housing located in relatively close proximity to the airport. 2 2. ASAP Goals and Objectives The following goals and objectives have been used to frame the plan effort. These plan parameters, along with the input of interested individuals and area officials, have framed the plan discussion and the ASAP Plan Maps and Policies that begin on page 25. A. IMMEDIATE AIRPORT PROTECTION A.1 Establish an Airport Influence Area in accordance with Arizona statute. Identify and apply compatible land uses within that area which will allow the best opportunity for the continued development and operation of Prescott Municipal (Ernest A. Love) airport. A.1.1 Establish airport influence area boundaries for the Prescott Municipal Airport sufficient to protect the long-term viability of the airport. Evaluate the need for avigation easements within the airport influence area. A.1.2 Create a multi-jurisdictional land use plan for the greater airport area that addresses the needs of the region's only airport, applicable jurisdictions, subject property owners, existing neighborhoods, and established industrial parks. A.1.3 Investigate ways to promote implementation and adherence of ASAP recommendations by any and all area jurisdictions that may hold or attain land development regulatory authority. 8. LAND USE 8.1 Provide adequate commercial use opportunities that serve the needs of area neighborhoods, industrial operations and their employees, and the commuting public. B.1.1 Identify appropriate types and locations of commercial development given the evolving regional roadways that cross the plan area, and the service and shopping needs of existing and future residential neighborhoods. B.1.2 Determine which, if any, of the interchanges along the planned Airport Connector are suitable for highway-related commercial development. 8.2 Support commercial enterprises that capitalize on the scenic values of the area in ways that are appropriately sensitive to the environment. B.2.1 Investigate outside funding sources to enable the proposed multi-purpose center recently studied by the City of Prescott. The conceived conference center and equestrian facilities would provide a core use for other spin off non-residential uses appropriate between SR 89 and old 89A. B.2.1 Consider permitting campgrounds and RV parks that capitalize on area trails, lakes, views and other outdoor amenities. 8.3 Support existing and future employment centers given the need for well paying jobs, and the area's suitable terrain and anticipated road system. B.3.1 Inventory the needs and contributions of area employers to ascertain expansion goals, adequacy of infrastructure, and desired support services. B.3.2 Evaluate sites suitable for new employment centers that concurrently capitalize on access availability and airport buffering. 3 8.4 Plan to meet the region-wide need for a site that can house heavy industrial uses. B.4.1 Assess sites that may be appropriate for heavy industrial uses that support the Tri-city region, based on input from applicable users, property owners, and applicable jurisdictions. B.4.2 Site assessment for heavy industrial use shall include opportunities and impacts related to circulation infrastructure, environmental issues, truck travel times and routes, topography and wind patterns, and proximity to residential areas. 8.5 Support residential development to the degree compatible with airport overflights, terrain, and the planned road system. B.5.1 Assess appropriate locations and densities of residential development within the greater airport influence area, taking into consideration airport activities, surrounding land uses, access, community plans, zoning, and other input from applicable surrounding jurisdictions, property owners, and other interested parties. B.5.2 Evaluate if city-provided water and sewer service can provide sufficient incentives to locate and design residential areas compatible with the airport influence area goals. C. OPEN SPACE& WILDLIFE HABITAT C.1 Support historical ranching activities to the degree practical, given its compatibility with airport activity and influence on regional character. C.1.1 Confer with area ranchers to learn of their long-range plans and to identify ways to incorporate those plans into ASAP. C.2 Create open space amenities that serve multiple purposes by integrating natural drainageways for stormwater management, passive recreation, and wildlife habitat considerations into ASAP to the fullest extent practical. C.2.1 Solicit input from AZ Game and Fish on issues and concerns that pertain to the plan area, such as impacts to area antelope herds. C.2.2 Identify valuable wildlife areas, such as significant stands of trees, washes, movement corridors, so that steps toward their preservation might be taken. C.2.3 Seek open spaces that provide multiple benefits including stormwater drainage, wildlife habitat and movement areas, airport buffering, and character defining greenbelts. C.2.4 Assess sand and gravel extraction operations, now occurring in Granite Creek, to determine if the operator may be willing to mitigate impacts (mining is controlled at the Federal level therefore not within City jurisdiction). C.2.5 Utilize development designs - such as Planned Area Development (PAD) -that allow for flexibility while also creating connected open). C.2.6 Evaluate for conditions that may create new bird habitats, given the possible conflicts with flying aircraft. C.3 Identify significant areas for consideration as designated open space. D. CULTURAL RESOURCES D.1 Continue surveys of cultural resources, as development occurs, to enhance understanding and appreciation of historic and prehistoric archeological resources. 4 E. WATER and SEWER E.1 Utilize City of Prescott water and sewer services, or those of another central services provider, to the extent appropriate to influence desired land uses and their location. E.1.1 Determine if there is interest by the property owners in city-provided water and sewer service for future residential and/or commercial development of lands now under County jurisdiction, and if that interest extends to annexation of these lands at the time of development. E.1.2 Evaluate the need for and availability of central water and sewer service for a possible new industrial site. E.2 Manage water and sewer services in ways that support responsible use of limited resources and capacities. E.2.1 Identify any existing developments on city water and individual septic as possibilities for tie in to city sewer in order to enhance recharge credit opportunities. F. CIRCULATION F.1 Create a circulation plan element that identifies existing, planned, and proposed arterial and collector streets needed to serve the plan area and the region. F.1.1 Map and describe the planned beltway known as the Airport Connector (SR 89A realigned) Pioneer Parkway. Assess opportunities for and impacts from new collector streets that may feed into planned interchanges. F.1.2 Evaluate the need and timing of a greater airport circumferential road that connects to both the Airport Connector and to SR 89. F.1.3 Confer with applicable jurisdictions and property owners about plans and possible alignments for new roads connecting to Glassford Hill Road extension. F.1.4 Existing and new road alignments should be evaluated for adequacy and suitability as truck routes, with input from industrial users. F.1.5 Promote a circulation system that has many linkages in order to foster convenience, alternative routes and knitted neighborhoods. F.2 Support bike and pedestrian routes that further recreational and commuter pursuits. F.2.1 Create connected streets, sidewalks, and trail alignments that fit into a comprehensive and friendly pedestrian/bike routes system. Doing so supports fitness, recreation, and nonpolluting alternate modes of transportation. F.2.2 Evaluate appropriate realignment of the Peavine Trail (rails-to-trails) segment that will be impacted by the northeasterly extension of the airport's main runway and expanding sand and gravel operations. F.3 Resolve the Side Road easement issue so that it may adequately serve existing residents and recommended future land uses. F.3.1 Investigate appropriate options to remedy this deficient"street" with inadequate access. 5 3. EXISTING CONDITIONS ZONING AND LAND USE Residential - The ASAP acreage is predominately ranch land, split between 5 ranches, all but two hold grazing leases on the State Land Department's checkerboard sections within and outside of the plan area. These ranch lands have existing low-density residential zoning, mainly R1L 70 and RCU 2ac, administered by Yavapai County. County Health Department standards specify a minimum lot size of 2 acres for platted lots relying on individual wells and septic systems. However, there is no minimum acreage required for metes and bounds parcels (defined as 5 or fewer parcels created by a land split) on individual well and septic as long as minimum separations are met. State statutes also permit land splits that create 36-acre minimum parcels to go unregulated by counties. In any case, the existing R1L 70 and RCU 2ac county zoning on the subject ranch lands would be developable if well tests and percolation tests were positive. In 2015 the General Plan for Prescott was updated and the Deep Well Ranch property to the west and northwest of the Airport was annexed into the City of Prescott and zoned with a mix of industrial light (IL), business regional (BR), multi-family high (MFS-H), and single-family (SF-18) to create a mixed use regional core and economic engine adjacent to the airport. Also under County jurisdiction are Sections 1 and 2, located between Willow Creek Road and SR 89A, which are zoned R1L 18 and R1L 35. These zones could allow residential subdivisions comparable to Prescott's Pinon Oaks and Long View Estates, respectively, if central water and sewer become available. Nearer SR 89 lies the Granite Gates assisted living facility (zoned PAD) and the Granite Gardens neighborhood (R1L 10 and 12), all under County jurisdiction. (Pinon Oaks was rezoned to R1L 18 while in the county and Unit 1 final plat was approved while in the county; Units 2 and 3 were approved by the City of Prescott). In addition to Pinon Oaks (RA18) and Long View (RA35), existing residential enclaves within Prescott city limits include Southview (RA35), the Antelope Hills area neighborhoods (RA 9) at the airport, and the Heritage Mobile Home Park (RC) north of Willow Lake. The Prescott Boulders site (zoned RS, BA) lies at the NE intersection of SR 89 and Granite Dells Road and is approved for timeshare units in a mixed-use development. Farther south there is a mix of residential uses near Sandretto Drive that include apartments, single family homes in Sandretto Hills Estates (RA 9), the Willow Winds assisted living facility, and proposed patio and town home projects (RC). Near the airport is the Side Road metes and bounds area (RA 9) that takes its access from a private easement paralleling the old RR right-of-way. An edge of Prescott Valley town limits lies within ASAP. A 10-ft. boundary around Section 28 was annexed years ago, but the interior 1-sq. mile section remains County jurisdiction zoned RCU 2ac. Also recently annexed into Prescott Valley is the approved 3,400-unit Granville development, anticipated along Glassford Hill Road south of SR 89A. Chino Valley town limits were recently extended one mile southward and proposed another7 miles eastward along the northern edge of the ASAP study area. A recent water service agreement with the City of Prescott restricts Chino Valley from annexing south of its new town limit line into ASAP. Protecting the Airport from potential nearby incompatible land uses is important for the long- term viability of the Airport. It is not uncommon to see airports having to buy out nearby residences, or to close or relocate when residential development has crowded its borders. The "Airport Influence Areas: notice" (ARS 28-8485) gives airports operated by local governments authority to establish influence areas in proximity to airports which thereby provides County- recorded notice of the airport noise and overflights. 6 Noise contours have been mapped, reflecting the anticipated noise levels and frequencies based on the 2009 Airport Master Plan. These noise contours are measured as day-night, weighted averages (Ldn), which are stated in decibels. The FAA and EPA use Ldn levels in their recommendations to restrict uses and occupancy levels, to require noise level reduction designs in new structures, and/or to require greater building integrity to withstand an airplane crash (see ZC Section 4.75 Airport Noise Overlay District). Specific restrictions based on federal guidelines do not extend into areas below the 65 Ldn levels, although the FAA is reportedly looking into lowering the threshold to the 55 Ldn. Such consideration reflects the fact that single events outside of the 65 Ldn can create nuisance noise levels sufficient to harass nearby residents. This is one important reason why ASAP looks beyond the noise contours in its land use recommendations. Another reason for planning beyond the noise contours is public safety. Although aircraft mechanical failure and pilot error can happen anywhere at anytime, statistically it is more likely to happen where there is more aircraft flight activity (i.e. around an airport). Recently a slurry bomber had to drop its load not far from the Circle K on SR 89 after loosing power to one engine. In addition, takeoffs and landings can be challenging for some aircraft under heavy loads or high wind conditions. Creating clear zones, limiting the heights of structures and even trees, and controlling the density and proximity of residences are among the ways to improve the margin of public safety. Appendix A maps overflight patterns for the 21 L/21 R main runway (80% of operations) and a composite of the remaining 3 runways (20% of operations). The average maximum altitude of aircraft activity is about 500' within the bounds of ASAP. Takeoffs and landings average over 1 per minute during daylight hours. The last reason for ASAP's extensive scope for land use planning is to protect the airport well beyond the year 2020. The Tri-city region has an opportunity to plan proactively for airport protection, which many larger jurisdictions now lament not having done before incompatible growth and development hemmed in their airports. ASAP is a long-range plan that promotes a responsible approach to land use changes. Limitations can be loosened in the future as technologies improve, but attempting greater restrictions after the fact is extremely costly, if not impossible. Non-residential — There are 23 independent businesses located on the airport proper serving the needs of airport users. Off the airport property 41111111kV t there is the city-developed Prescott Industrial r' wr rod°,1 s ` AirPark that lies between Wilkinson Drive and the airport proper. Zoned IA, it is now built out. The privately developed Prescott AirPark is located bz east of Melville Drive on former State Trust land. — I a Not yet built out, this industrial park contains the .'• 32,000-sq. ft. Exsil plant and the new 65,000-sq. ft. Inter-Cal plant. There are also 5 smaller businesses in place in this park, and another 5 Intersection of the Main and Crosswind businesses are in the planning stages. Between runways, looking west to SR 89. Industries these two industrial parks lie 120 acres of vacant, lie along Wilkinson Drive and Ruger Road. IA zoned land available for development. Sturm- Ruger's two manufacturing plants are located on Ruger Road, which bounds the west side of the airport area. 7 The City's airport wastewater treatment plant and recharge ponds are located beyond the terminus of Melville Road, adjacent to the Granite Creek wash and zoned IB. An undeveloped city-owned tract lies north of the airport. Zoned IA and IBD, the 74-acre tract has no existing access. Two borrow pits operate within Granite Creek, one of which is Hanson Aggregates (formerly Yavapai Materials) located east of Larry Caldwell Drive. This site was recently approved for a new concrete batch plant. The United Metro Materials site, located south of Larry Caldwell Drive, will be served by direct interchange access to the planned airport connector. Reportedly this sand and gravel pit and asphalt batch plant will be decommissioned soon, and a new concrete batch plant will be proposed. Sandretto Park is another substantially built out, light industrial subdivision (IA & IBD) located west of Willow Creek Road. Embry Riddle Aeronautical University (ERAU) has a 500-acre tract presently devoted to campus-related uses. It includes 155 acres of undeveloped IA-zoned property. The balance is BA PAD, which includes the campus and student housing and is only partially developed. A few scattered commercially zoned sites exist along the arterial Willow Creek Road, including convenience gas stores at both the Willow Lake Road and SR 89 intersections. ECONOMIC DEVELOPMENT The ASAP area contains most of Prescott's growing industrial base. Companies locating near the airport include aeronautical, manufacturing, and service industries. This area has grown steadily over the last decade and provides tremendous job opportunities for Tri-city residents. The vacant land near the Airport contains the largest concentration of available industrial-zoned property in Prescott, and should be encouraged to develop. To that end, a survey was distributed to 32 companies on and near the Airport. Almost 70% returned the survey, with the following notable results: • There is significant support for an internal airport road that connects the entire airport. • There is also significant support for a second access to the Prescott Airpark. • In assessing why they chose their present location, the top 3 factors were its location and proximity to the Airport, cost of land/construction, and quality infrastructure. • In assessing their needs for future expansion, the top 3 factors influencing their expansion are proximity to existing plant/airport, cost of land, and cost of construction. • The #1 issue facing these companies is legislative concerns (federal/state/local) by a margin of 2 to 1. The next most frequent answer was emerging technologies, and then industry changes. • The respondents used freight service at the airport as follows: 40% daily or frequently and 60% occasionally or never. • Passenger service was used as follows: 45% daily or frequently and 55% occasionally or never. Clearly, the ASAP area is the most appropriate for additional industrial development. These uses should be encouraged and facilitated to achieve the balanced economy Prescott and other area residents desire. INFRASTRUCTURE Prescott Municipal Airport, Ernest A. Love Field — The Prescott Municipal Airport was originally constructed in 1926, and renamed Ernest A. Love Field for a World War I fighter pilot from Prescott. The airport has grown to become the 2nd busiest airport in Arizona and the 8th busiest in the country among general aviation airports due largely to the student training activities of Embry Riddle Aeronautical University. This general aviation airport also handles regular freight and mail deliveries, regional wildfire suppression (including slurry bombers), executive air services, recreational flying, and passenger service connecting to Sky Harbor in 8 Phoenix. The Prescott Municipal Airport is an enterprise fund that generally operates on its own revenues, supplemented by state and federal grants when possible. Prescott City Council recently directed that General Fund contributions are also used. Significant improvements are planned for the airport that, once funded, will enhance its ability to continue serving the Central Yavapai Region. The 1998 Airport Master Plan for City of Prescott's Ernest A. Love Field calls for phased improvements sufficient to meet the service demands of the regional airport through the year 2020 (see Executive Summary in Appendix D). Major capital improvements include new hangars, pavement and drainage improvements, constructing a new airline terminal and a public perimeter service road. In addition, planned runway extensions will allow for bigger passenger planes to serve the region. Circulation — Major arterials include SR 89 and Willow Creek Road running north-south, and SR 89A and Pioneer Parkway running east-west. All of these roads are the focus of major improvements designed to increase capacity and circulation alternatives in the region. SR 89, from Pioneer Parkway to Outer Loop Road, is due to be widened to 5 lanes around the year 2018. Willow Creek Road is undergoing widening to 5 lanes. SR 89A is a controlled access highway with grade separated interchanges (Appendix E). It connects to Pioneer Parkway, a 4-lane controlled access arterial that connects Williamson Valley Road to SR 89. Fiaure 2 shows these regional roads as well as Prescott's major water and sewer infrastructure, and gas and power transmission lines. Another planned controlled access highway is Glassford Hill extension, connecting SR 89A to Outer Loop Road in Chino Valley. Identified in the County's 20-year regional road plan and intended to be developer driven, the alignment of this road has implications for land use in proximity to the airport. Ultimately these combined arterials will provide an inner beltway for the region, to eventually be supplemented by the possible Tri-city Parkway connecting SR 89 to I- 17. Appendix F shows the region's proposed 2018 road network, including the traffic volumes, service levels, and road widths. The recent survey of airport area employers indicates interest in better circulation around the airport. A full 35% of the businesses responding pointed to the need for a street that encircles the airport, relieving the "one way in/one way out" condition that presently exists. The airport's 2020 Master Plan calls for such a road to be built as part of the Phase 3 improvements. The new rails-to-trails Peavine Trail occupies what was the Atchison Topeka Santa Fe railroad right-of-way (ROW). The first segment from Watson Woods to SR 89A is open for public use. The second segment running from SR 89A to Section 7 north of the airport is now under negotiation for purchase to tie Watson Woods to Chino Valley's Peavine Trail link. Expansion plans for the main runway and aggregate mining within the historic RR ROW will necessitate adjusting a portion of the trail alignment. The trail adjustment could coincide with the future airport circumferential road and/or a multi-use open space corridor incorporating Granite Creek. Town of Prescott Valley is also pursuing a rails-to-trails link that would tie the Peavine Trail to Glassford Hill Road through Sections 7, 8, 9, and 10. 9 Water Service — The ASAP area lies between Prescott and its primary water supply, the well fields in Chino Valley. A new 36" water transmission line is under construction, and will supplement the existing 18" water transmission main crossing Deep Well Ranch west of SR 89. Phases I and II are done, with Phase III being installed concurrent with the widening of Willow Creek Road. The expanded transmission line will increase city water production by more than 50% to meet peak demands of summer use. Three water tanks lie within ASAP - a new 2 million gallon (MG) tank recently installed on Section 8 Indian Hill, a 1.5-MG tank located at the end of Melville Road, and a 0.1-MG tank in the Longview subdivision. No new water tanks are planned at this time. Developed properties within ASAP utilize central water (either City of Prescott or the Granite Dells Water Company) except the Side Road neighborhood, which utilizes individual wells. Eight-inch water lines generally serve the airport area industries, with a 10" water main NW of the main runway and a 12" water main within Melville Road ROW serving Exsil and the growing industrial park. These larger water mains and the increased water delivery from the Chino Valley transmission line will afford adequate water for future industrial and commercial development in the airport area. A new 12" alternate water loop is programmed in 2001 to feed into the airport water zone, which will increase service flows and supply to the greater airport area —especially along its east side where new industry is locating. In 1998 the Prescott Active Management Area (AMA) was declared to no longer be in a state of "safe yield", meaning that groundwater is now being removed faster than it is replenished. This also means that any new residential subdivisions not already platted by August 21,1998 will need to acquire alternate water — either from surface water rights, use of effluent recharge credits, retirement of grandfathered irrigation rights, or from imported water from outside of the AMA. Present Council policy is to allocate up to 120 acre feet (AF) of alternate water per year for new residential development. City of Prescott is currently the only area water provider designated by AZ Dept. of Water Resources (ADWR) to have a 100-yr. assured water supply. Prescott also has a legislative right to import 14,000 AF of groundwater from the Big Chino basin located outside of the AMA, although these water rights are under scrutiny by users of the Verde River for hydrological reasons. Recently the Town of Chino Valley became a water supply company by purchasing water from City of Prescott thereby allowing the town to now serve selected commercial users. Residential uses in Chino Valley continue to rely on individual wells and septic. In 1999 the Town of Prescott Valley purchased the Shamrock Water Company, allowing the town more control over its water use policies. Like Prescott, any new residential development in Prescott Valley not already platted on assured water will need an alternate water source. Presently, however, the Town of Prescott Valley does not control any water rights outside of the AMA. The development of alternate water supplies and infrastructure will ultimately determine where and how future residential neighborhoods will occur within ASAP. Sewer Service — Developed areas within ASAP are generally on central sewer served by the City of Prescott's airport wastewater treatment plant (WWTP). Exceptions are the metes and bounds Side Road area, Longview Estates, the Jack Drive and Perkins Drive areas, and scattered development east and west of SR 89 north of Willow Lake Road (Figure 2). The airport WWTP recently expanded its treatment capacity from 0.75 million gallons per day (MGD) to 2.25 MGD. The treatment plant is currently treating about 0.7 MGD. Following build-out of Prescott Lakes and Pinon Oaks developments, however, a remaining treatment surplus is expected of about 0.8 MGD. 10 Effluent recharge is a critical factor in Prescott's water management program. An estimated 37% of the City's water consumption is presently returned to the aquifer via the recharge ponds located on the NE side of the airport. This reuse and recovery rate is expected to increase to about 60% for new alternate water systems. A 24" effluent line runs from the Sundog WWTP to the recharge facility, delivering treated effluent from 2 of the City's 3 sewer treatment plants. LAND OWNERSHIP Deep Well Ranch lies mainly west of the old Atchison Topeka and Santa Fe railroad bed (now the Peavine Trail) and includes 15 sq. miles within ASAP. Jointly owned Granite Dells Ranch and Point of Rocks Ranch lie mainly east of the old RR line and comprise almost 14 sq. miles of the study area. Rifle Ranch and adjacent Diamond E Ranch include about 400 acres lying between Willow Creek Road and SR 89, south of the new airport connector alignment. Approximately 13 sq. miles within ASAP are State Trust lands. City of Prescott owns over 2,000 acres including the airport and some industrial land surrounding it - also Antelope Hills Golf Course, Willow Lake and Heritage Park. The City also co-leases with the County the 930-acre, BLM-owned Pioneer Park. Figure 3 maps the major land holdings. TERRAIN and WATER FEATURES Flat-to-gently rolling terrain greatly characterizes the area, with 3 isolated low ridgelines trending south to north. A few major promontories are scattered at the southern end of the plan area. These include the Granite Dells landform in the south-central part of ASAP, Glassford Hill in the SE corner, and State Land T14N R2W Section 8 Indian Hill in the SW corner of ASAP. Portions of these same landforms are targeted for open space - acquisition once funding can be obtained. - .- Elevation contours range from 4,860' in the Granite • Creek channel to 5,600' on Glassford Hill. The flat areas average 5,000' above mean sea level. , Landforms are visible on the steep slopes map (Fiaure 4). Granite Creek runs northerly through ASAP and east of the airport. The creek's braided floodway is over 1,000 feet wide in places and is noted as Point of Rocks Ranch and Granite Dells Ranch Zone A on FEMA Firm maps. The floodway and looking S. across Granite Creek and the effluent floodplain will need more detailed mapping in the recharge pond-both located E. of the Prescott future prior to development. The Chino Valley Municipal Airport. Irrigation District (CVID) ditch parallels and runs west of Granite Creek. The irrigation ditch veers northwesterly and crosses under the airport's main runway as it winds toward Chino Valley's retired croplands. The ditch is now used to transport surplus lake water to the City's recharge ponds. Bottleneck Wash drains from SW to NE across Deep Well Ranch toward the airport where it meets with Granite Creek. An unnamed wash runs northward from existing SR 89A toward Coyote Springs north of Prescott Valley; the headwaters of the Agua Fria River originate from the north side of Glassford Hill. These stream channels will influence developability and any future road alignments. The city-owned reservoir Willow Lake, the few water features at the Antelope Hills Golf Course, and several stock ponds are the only known bodies of standing water in the plan area. 11 SOILS and VEGETATION The Lonti soil series dominates the area and is characterized by slow permeability with clayey and gravelly soils that have moderate-to-high shrink swell potential. Lynx soils define the drainageways with sand specified within Granite Creek. Lynx soils are subject to flooding, have moderately slow permeability, are fair for topsoil, and have a high plasticity index. Rock lands with severe bedrock and shallow soils lie in the south. The vegetation cover is chaparral with stands of pinon and juniper trees located on the isolated uplands. Riparian vegetation extends within Granite Creek north to about the City's recharge ponds, beyond which it is a dry wash. All of these environments support mule deer and havalina. Grassland, which is prime pronghorn antelope habitat, dominates the lower and flatter sections. WILDLIFE HABITAT The Arizona Game and Fish Department was requested for input on wildlife matters within the ASAP boundaries; however, the comments received do not necessarily reflect the policies of the City of Prescott (Appendix G). Noted are the prime antelope range and the lake/riparian habitats that cover ASAP. AZ Game and Fish has identified selected plants and animals that are classified as sensitive (S) including the American redstart (WC, S), the Belted kingfisher (WC, S), Mexican garter snake (WC, S), the Arizona toad (S), the Maricopa tiger beetle (S), and the Arizona phlox (S). In addition, the first three species are also classified as Wildlife of Special Concern (WC). The Department points out that new roads and developments will further fragment the existing pronghorn populations (estimated at about 370 head within ASAP), and will create additional barriers to wildlife moving between Glassford Hill and range lands to the north. Local Game and Fish experts noted that the planned Glassford Hill Rd. extension, in addition to the pending Airport Connector, will strand and isolate populations now able to move among � . the Tri-cities. The use of underpasses where Glassford Hill extension and Deep Well Ranch looking north along SR 89 toward Chino Valley. other new roads cross drainages is Note transition from chaparral to grassland vegetation. Bottleneck also suggested to help antelope and Wash runs left to right mid photo. other wildlife negotiate major roadways more safely. A design comfortable to antelope who are generally more skittish than deer or livestock, is also described in Appendix G. The airport connector will have 2 cattle underpasses located east of Side Road. Each are pre- designed as double vaulted 12'x12' culvert boxes, which will be lighted. One is 280 feet long, the other 460 feet long — both probably too narrow and too long to draw antelope. The fencing will be standard wildlife fence. 12 Although conceptual only, the antelope "preserve" recently proposed by local open space advocates could theoretically extend through a middle portion of the ASAP area that ties Glassford Hill to grasslands north of ASAP. Including and paralleling Granite Creek wash, such an open space band could provide regional drainage, wildlife habitat, a movement corridor, and an airport buffer. Game and Fish wildlife managers explain that mule deer (estimated at about 125 head), javalina, and various predators will travel along the washes, whereas the pronghorn antelope will generally resist enclosed areas. Antelope prefer the high flats or ridgelines from which they can see any approaching predators. Watering holes are a common need for all types of wildlife. Wildlife experts recommend that efforts be taken to maintain year-round water in some of the existing ponds, and that a perennial pond be created and supplied by the CVID effluent ditch. Any areas isolated by roads should also have a water source for wildlife or the animals will be pressed to move, in turn causing animal deaths and traffic accidents. Where new developments and roads occur, the Department recommends specific fencing designs friendly to antelope and other wild game. To educate the community, specifications could be added to building permits for fences and road signs could be erected warning of antelope. Roadside fence placement is recommended to allow antelope staging areas for safer road crossings. Reportedly, pronghorn will more readily cross roads where (or when) traffic levels are low and where fencing is safer and does not contribute to injury or predation. Any wildlife corridors should obviously be contiguous, contain adequate forage, and have as few barriers as possible. Fencing along wildlife corridors should be standard game fence; however more restrictive fencing should be used to contain domestic dogs. 13 4. PLAN DISCUSSION A. IMMEDIATE AIRPORT PROTECTION A.1 Establish an Airport Influence Area in accordance with Arizona statute. Identify and apply compatible land uses within that area which will allow the best opportunity for the continued development and operation of Prescott Municipal (Ernest A. Love) airport. Establishing an official airport influence area is the primary and most effective method of airport protection. Based on Part 77 and other FAA regulations, the 2009 Airport Master Plan recommends an airport influence area as depicted in Figure 1 based on the length and activity level of each of the 6 runways. This is well within the FAA practice of monitoring all flights within a 5-mile radius of an airport for safety reasons. Once adopted by Prescott City Council and recorded with the County Recorder, the airport influence area would provide, through the title report, notice of overflights and aircraft noise to land buyers. The second option available for ensuring airport protection is the use of avigation easements, which are a more rigorous form of notice that run with the dedicating property, and typically grant "Navigable Airspace" above the dedicating property. Gaining avigation easements within the recommended airport influence area will only occur if required by the applicable ASAP jurisdiction. The responsibility for protecting the airport through avigation easements and from inappropriate land uses must be shared by all applicable jurisdictions for the Plan to be effective. There is a strong sense of multi-jurisdictional support for the airport and what it provides the region. To strengthen implementation of ASAP policies, Yavapai County and Town of Prescott Valley and City of Prescott should adopt the Plan as their own. Applicable jurisdictions should be provided adequate comment opportunity on proposed General Plan amendments, annexation, preliminary and final plats, rezonings, and special or conditional uses proposed within the bounds of ASAP. Discussions among local government officials reveal a genuine interest for increasing regional cooperation on land use and development within ASAP. This support may include regional cost and revenue sharing so that mutual benefits and responsibilities can result. Such a mechanism would be groundbreaking for the region, and would reduce divisive competition between municipalities for new commercial development. What form this may take will require an open dialog and much research. Sales tax revenue sharing between municipalities tied to level of related public infrastructure expenditures may be one approach. What role, if any, the Town of Chino Valley might have given its recent agreement not to annex into the ASAP area would need to be fleshed out. This proposal could be crafted to raise needed capital improvement dollars for the planned improvements to the airport itself. Controlling the type and placement of specific land uses in proximity to the airport is an essential component of long-term protection of the airport. Compatible land uses close to the airport include industrial, commercial, ranching and open space. Concentrations of residential development near the airport are not desirable, although multi-family residential may be reasonable outside the approach and departure corridors where air traffic patterns are lighter. The following discussion addresses land-use issues within ASAP. 14 B. LAND USE 8.1 Provide adequate commercial use opportunities that serve the needs of area neighborhoods, industrial operations and their employees, and the commuting public. Increasing residential development creates the need for new commercial development to serve a growing community. Employment centers also need commercial services convenient for employees. Therefore mixing uses by allowing neighborhood-scale retail and services near residential areas and employment centers increases convenience and reduces vehicular trips. Larger commercial centers that may include gas stations are appropriate where good access and visibility are available, such as at intersections along the Airport Connector including those at Glassford Hill Road, at Side Road, and at SR 89. The SW quadrant of the Side Road/Airport Connector intersection might also support a mix of retail and recreational use or employment center. This area is currently zoned RA9 and partially developed as metes and bounds residential; however its close proximity to the Crosswind runway makes the residential zoning and use undesirable. Commercial development would also be appropriate at the future intersections of Glassford Hill Road and proposed Side Road extension and proposed Great Western, as well as at future intersections of other arterial streets. This plan area, with its unique consideration for airport protection and regional industrial opportunities, promotes non-residential uses. Due to the large size and relative blank slate, the commercial designations are intentionally broad. Offices, professional services, mini-storage, hotels and other businesses and multi-family residential should be used to transition single- family neighborhoods into more intensive commercial districts. One should refer to Appendix A when there is a question. 8.2 Support commercial enterprises that capitalize on the scenic values of the area in ways that are appropriately sensitive to the environment. An opportunity exists to feature ASAP's beautiful granite rock landforms, lakes and views into a commercial area that incorporates outdoor recreation. Campgrounds, lodges, hotels and RV parks are among the businesses possible. The conceived multi-purpose center that includes an equestrian element could help set the character and land use patterns in the southern portion of ASAP. Clearly there are many more possibilities here than standard franchise business development. The Phippen Art Museum is an excellent example. Consideration should also be given to recruiting retail businesses that market to outdoor recreationists. 8.3 Support existing and future employment centers given the need for well paying jobs, and the area's suitable terrain and anticipated road system. Employment centers - which include business/office parks, wholesaling and warehouses, and light manufacturing are an important land use component. Moderately intensive in off-site impacts and strong on job creation, such uses provide a very good buffer between the airport's industrial uses and other, less intensive uses beyond. A recent needs survey taken from airport area employers indicates that for several their expansion factors include proximity to employees' homes, land cost, access to highways, infrastructure, and proximity to the airport. Nearly half of the 22 respondents indicated regular use of airfreight services, and the same number indicated frequent-to-daily use of air passenger service. 15 Areas appropriate for employment uses include those between Willow Creek Road and SR 89 north of the Pioneer Parkway, and much of the area south of the Airport connector Road near Side Road. Expanding some of the employment (industrial) area around the airport is also advisable — such as on the SE side of the airport to capitalize on the existing Melville Rd. /Larry Caldwell Drive access to the Airport Connector interchange. In short, we as a region need to reserve measurable areas for employment and industrial use within ASAP - given its central location to the growing Tri-cities region, its proximity to the airport and expanding surface road infrastructure, and its flat buildable land. Identifying areas for long- term job creation is important, but doing so does not inherently change land use today. It will take many years for ASAP to build out, and then only if the landowners desire to quit ranching. 8.4 Plan to meet the region-wide need for sites that can house heavy industrial uses. Conversations have been ongoing among Tri-city staffs and others to try and identify sites suitable for asphalt and concrete batch plants, which are an unpleasant though necessary use. One site identified lies within ASAP at the northern end of the Prescott city limits. The vacant, City of Prescott-owned site includes about 24 acres zoned IBD, and 50 acres zoned IA which allows batch plants by special use permit. The site is very isolated from development yet is reasonably close to SR 89. Some view this area as well situated with regard to prevailing winds, separation and visibility from proposed residential areas, access to aggregate sources, and proximity to infrastructure. However, nearby property owners do not wish a batch plant to locate here. Area neighbors and some airport advocates do not wish an asphalt batch near the airport at all. 8.5 Support residential development to the degree compatible with air traffic, terrain, and the planned road system. Lands outside the 60 DNL noise contour are subject to noise and overflights. For this reason, medium-to-high residential densities may be permitted within the influence area but are likely to generate noise complaints that can be detrimental to operations and expansions of the airport. Any residences which may be permitted within the approach and departure corridors may be a concern for the same reason. The predominant county zoning allows relatively low density throughout ASAP at either 1.6 acre or 2 acre minimum residential lot size. This is true for most of the privately owned ranches and the checkerboard State Land sections. Developing in this pattern is problematic because subdivisions in the Prescott AMA must prove a 100-year assured water supply, even for individual wells. Splitting into 36-acre parcels or into 5-or-fewer metes and bounds parcels on exempt wells is possible, however. This scenario is not desirable for several reasons — 1) it would create sprawl and preclude other desirable uses near the airport, 2) it would proliferate individual wells and septic systems, 3) it would create more roads which waste land, 4) it would not approach highest and best use of the land, and 5) it would further fragment antelope and other wildlife movement areas. A more rational approach is to transfer the allowed densities from the approach/departure corridors, the Granite Creek wash, and from areas targeted for commercial or employment users to create residential clusters located in areas least influenced by airport operations. The sending areas would provide desired open space for airport buffering, regional drainage, passive recreation, and wildlife habitat and movement corridors, while the receiving areas would gain densities sufficient to warrant municipal water and sewer service and create real 16 neighborhoods. In this scenario densities could triple or quadruple for the receiving areas. Ideally the developers of the private land would acquire the related State Land sections so that a comprehensive master plan can result. Another method might be to simply rezone as open space those areas so targeted (perhaps with landowners also dedicating conservation easements for tax benefits), and appropriately rezone other areas targeted for medium-to-high density residential development. These actions would be part of the property owner application for development entitlements, including water allocation. Low-density residential development is more appropriate where routine air traffic patterns have minimal impact. For discussion purposes, low-density might be 1-2 acre parcels, medium-density 2-6 dwelling units (DUs) per acre, and high-density 7 to 20 DUs per acre allowing apartments and manufactured home parks. Higher density communities are important to allow at appropriate locations — near access and services, and away from heavy air traffic. Mixed-use villages should be located at major nodes such as at 89 and 89A at Great Western and the Airport Connector, and at Great Western and Glassford Hill extension. Well-designed village or town centers incorporate light business, higher density residential, civic and recreational facilities that offer cohesive and walkable neighborhoods. Because densities are higher, housing costs are somewhat lower and therefore should be more attainable by median and lower middle income households. ASAP affords an opportunity to bring together good jobs, reasonable housing costs, short commute times. Densities necessary to build neighborhoods and a balanced community need central water and sewer, which generally means annexation into a servicing municipality. Significant negotiations between property owners and any annexing municipality would be needed to package water and other infrastructure, zoning entitlements, open space, and other related agreements. Planning for these rural properties is not intended to prompt development or hasten annexation, but rather to identify a preferred end result once market forces, infrastructure availability, and other factors are ready. The land use plan map that follows shows what major property owners wish for their lands filtered through the goals and objectives of the ASAP. C. OPEN SPACE Ft WILDLIFE HABITAT C. 1 Support historical ranching activities to the degree practical, given its compatibility with airport activity and influence on regional character. The Tri-city area is fortunate to have large expanses of ranchland that contribute to the rural character overall. This land use plan, in and of itself, is not intended to hasten development of the surrounding ranch land. However, coordinating with ranchers on their development plans (as they may arise) is one way of helping the ranching families. By communicating visions and ideas now, there should become a shared understanding of the long-term goals and use of the land. Some may wish to develop and others may choose to continue ranching - facilitating both for the region's benefit is the ideal. Conservation easements may be appropriate to consider for any who wish to release some land for development yet retain some lands for open space and cattle grazing. C.2 Integrate wildlife habitat considerations into ASAP to the fullest extent practical. The AZ Department of Game and Fish has provided a good deal of information and advice for this plan. Chaparral is dominant in the southwestern half of ASAP and appeals to mule deer and 17 javalina, whereas Grassland is dominant in the northeastern half of the plan area and appeals to pronghorn. The animals will share watering holes and some movement corridors and habitat where necessary. Assuming that development is an eventuality for lands within ASAP, the primary recommendations from Game and Fish, include providing adequate, connected open spaces for movement corridors and habitat, wildlife friendly roadside fencing, watering holes, wildlife underpasses, and use of"gap" fencing to help antelope cross busy streets more safely. Discussions regarding sand and gravel extraction indicate that the wildlife are already acclimated to these operations within the Granite Creek Wash, and that it is better to have a few large borrow pits than several in the wash and on the hillsides. No new water features are proposed at this time. Any future significant water features proposed with development would need to be assessed based on size and proximity to the airport. To date, there are no reported contacts between birds and aircraft using the municipal airport. D. CULTURAL RESOURCES D.1 Continue surveys of cultural resources, as development occurs, to enhance understanding and appreciation of historic and prehistoric archeological resources. Conversations with both City of Prescott and Yavapai County Cultural Resource Specialists reveal a generally moderate likelihood of historic and prehistoric relics within ASAP. They advise a low likelihood on the flats and a moderate likelihood on the ridges. There have been significant finds in the southern portions of ASAP revealed by the cultural surveys required as part of road building. This practice should also extend to city- or county-approved private developments of any real magnitude. E. WATER and SEWER E.1 Utilize municipal water and sewer service to the extent appropriate to influence desired land uses and their location. Presently the only central water service provider for future residential subdivisions within ASAP is City of Prescott, although this could change if Town of Prescott Valley acquires an alternate water source too. The allocation of alternate water supplies sufficient to support significant new residential development is likely given municipal efforts to acquire additional alternate sources and to expand effluent recharge efforts. Residential densities, phasing, other land uses, golf courses, zoning and design elements such as open space and trails will be matters of negotiation once development proposals are received. This plan begins to set a framework for some of these questions. There is estimated to be a 0.8 MGD capacity remaining at the Prescott Airport Wastewater Treatment Plant (WWTP) once Pinon Oaks and Prescott Lakes complete build out. This surplus sewer treatment capacity could support approximately 3,200 homes. Prescott Valley's WWTP has an existing capacity of 2.5 MGD, most of which will be consumed by Universal Homes; however, expansion to 4.5 MGD is anticipated mid- 2001. Ultimately, residential development within ASAP should be on central water and sewer so the region's water resources can be better managed. The maintenance cost savings to Prescott and Prescott Valley for cooperating on wastewater treatment service may provide further impetus for regional cost-revenue sharing. 18 F. CIRCULATION F. 1 Create a circulation plan element that identifies existing, planned, and proposed arterial and collector streets needed to serve the plan area and the region. The Airport Connector is now completed and provides the region's first freeway, tying Pioneer Parkway to SR 89A for a new east-west beltway. The four interchanges planned will link to intersecting streets, of which the SR 89 and the Glassford Hill Rd. intersections will be primary for commuting traffic. At least one collector-level street would be warranted that ties Glassford Hill Rd. extension to SR 89, perhaps best located south of Black Hill about 1.5 miles north of the airport's main runway. This alignment would help anchor future commercial nodes and create a separation of 2 miles from the intersection of Outer Loop Rd and SR 89 at the north. Due to property owner preference, it is probably best to consider this alignment as Deep Well has indicated an interest in developing. Any new east-west collector street will impact wildlife movement corridors making game fencing imperative and gap fencing advisable where roads cross any reserved movement areas. An east-west connector street tying Williamson Valley Road (WVR) to SR 89 is tougher to imagine given the existing residential development that lines WVR. Possible options lie outside of the ASAP study area and the scope of this plan, although a continuation of the alignment south of Black Hill described above may be feasible in the very long term. Any future development of significant scale on this west side will certainly need to assess connections to Pioneer Parkway and Outer Loop Road as well as to SR 89. Connecting Ruger Road to Melville Road to create a circumfrential road around the airport is planned as part of the Prescott Airport's 2020 Master Plan. Industrial users indicate interest in this occurring sooner than the Phase 3 period planned. Accumulation of funds to build the connection influences the timing. Extending Ruger Road to the city's vacant IA tract by an eventual industrial user could provide a major segment of the connection. Another proposal is to create a new road that runs from SR 89 (north of Ruger Road's intersection), and encircles the main runway's clear zone to intersect with Melville Road on the east. The new road alignment would open up additional land for industrial/employment and help separate future industrial traffic from residential. Only one road need extend northeastward to the City's IA tract, however. Some in the biking community have suggested that old Hwy 89A remain open to maintain a desirable paved link between Prescott and Prescott Valley. This may be an option for the private property owners to consider as they look into overall master planning of the ranch and the need for access and street frontage. A possible realignment of old 89A to create a new bridge and intersection at SR89 may be indicated should the conceived multi-purpose center be constructed on the Polk property. F.2 Support bike and pedestrian routes that further recreational and commuter pursuits. This and other Prescott specific area plans promote alternative modes of transportation as responsible and sustainable functions of community planning. As a general rule when new collector or arterial streets are planned and built, bike lanes and sidewalks (or separated multi- use trails) should be provided. Controlled access highways such as Glassford Hill Road extension should creatively include bike lanes and walkways, perhaps adjacent to right-of-way, since they are not part of the ADOT standard design. The 8-ft. wide outer shoulders and 12-ft. wide separated trail designed into Pioneer Parkway, will unfortunately not be extended as part 19 of the Airport Connector link to SR 89A — due both to the freeway design of the Airport Connector and to limited funds. Facilitating an alternative east-west link is therefore desired. One response is to gain a trail alignment north of and parallel to the airport connector ROW, allowing bicyclists and pedestrians a safe route from Pioneer Parkway to the Peavine Trail. Another desirable east-west link is the former railroad bed that connects the Peavine Trail near Glassford Hill Road running eastward to Prescott Valley. The Town is pursuing grants for this acquisition. An improved trailhead is also desired at the existing informal parking area at Side Road and old 89A. The next segment of the Peavine Trail north of SR 89A is presently under acquisition negotiations and will require some adjustments to the original railroad bed alignment. Safety is primary for trail users in this increasingly busy area. A trail adjustment eastward will be necessary to accommodate extensions of the main and parallel runways, and is also to skirt the heavy aggregate extraction within Granite Creek wash. The trail can be included in the design of the airport circumferential road or even be realigned to the east side of the wash if plans and mining operations can ensure a safe and pleasant trail alignment. Also until the grade-separated Side Road interchange is constructed, the trail will use Airport Connector right-of-way to cross under the connector at Granite Creek and then regain the original north-south trail. The Side Road overpass will replace this detour once construction funds are budgeted. Last where Ruger Road would be extended northeastward, the trail might best go under the road through a culvert at the CVID ditch. The condition of Side Road itself has been a problem for the dozen or so homes that use this private, narrow unpaved access easement. Because of the street conditions, sanitation trucks are not able to service the individual houses, which have increased in number through metes and bounds land splitting. These homes also rely on individual well and septic due to lack of nearby water and sewer mains. The RA 9 area is less than 1 mile from the crosswind runway, and is of primary concern to the Airport Advisory Board as a residential use. Options include 1) do nothing for this area of substandard infrastructure, 2) work with property owners to create an improvement district for street/water/sewer improvements, or 3) consider a partnership between the City and the property owners whereby the city funds all or most of the improvements in exchange for (re)development that is nonresidential. If the 3rd option is pursued, it should extend to other vacant land west of Side Road known as Country Dells. The Side Road constructed to city standards within a 50-ft. wide public right-of-way (ROW) could be a combination of the existing easement, existing County ROW, and a portion of Peavine Trail 100- ft. wide ROW. Side Road would need to be improved northward to its planned intersection with the Airport Connector. Approved AIRPORT SPECIFIC AREA PLAN (ASAP) A. INTERGOVERNMENTAL COOPERATION for AIRPORT PROTECTION, A.1 Yavapai County will be relied upon to support the ASAP Goals, Objectives, and Policies by agreeing to hold to existing zoning and to not increase densities or intensities of development beyond what is already entitled. ASAP property owners under County jurisdiction will therefore need to request annexation by a neighboring municipality to acquire rezonings, central water and sewer service, and city services sufficient to support urban/suburban development intensities. If no annexation has occurred within 5 years, the County may approve developments if in keeping with the adopted ASAP policies pertaining to airport protection, open space, and water management. 20 A.2 City of Prescott, Town of Prescott Valley, and Yavapai County agree to regionally support the viability of the Ernest A. Love Airport by mutually adopting and implementing the Policies within ASAP. This can be accomplished by adopting ASAP as part of each jurisdiction's General Plan, and through an Intergovernmental Agreement. A.3 A map of the Airport Influence Area will be recorded with the Yavapai County Recorder. The purpose is to inform all owners and potential purchasers of property lying within the 28 sq. mile area of aircraft noise and overflights (see Figure 5). A.4 To further protect the airspace within the same 28 sq. mile influence area and to better inform property owners of aircraft noise and overflights, all applicable jurisdictions should agree to require a dedicated avigation easement from the subject property owner(s) prior to land development activity within the identified influence area. An avigation easement will be dedicated before finalization of one or more of the following events: 1) annexation into any of the 3 Tri-city municipalities 2) rezoning 3) approval of a subdivision plat or replat 4) approval of a conditional use permit 5) approval of a special use permit 6) approval of a land split 7) approval of a general plan or specific area plan amendment 8) issuance of a building permit for a new building or structure. A.5 Sufficient comment opportunity shall be mutually provided by applicable jurisdictions prior to votes on proposed General Plan or Specific Area Plan amendments, rezonings, plat approvals, and conditional/special use permits that are requested within ASAP. A.6 To increase cooperation and reduce unwarranted competition among our region's local governments, applicable jurisdictions agree to investigate alternative mechanisms for regional cost and revenue sharing that help achieve ASAP Goals, Objectives, and Policies for the region's collective benefit. B. LAND USE POLICIES The following land use policies work in tandem with the ASAP Land Use Table and the Plan Map shown as Fiq. 6. Both are intended as general descriptions of preferred land use types and locations. Non-residential B.1 ASAP supports ranching on lands surrounding the airport, to the degree that ranch owners wish to continue their operations, since this is a land use compatible with airport activities. The "ranching" map classification is intended to be a holding designation to be re-evaluated using ASAP Goals, Objectives, and Policies once subject property owners wish to pursue development opportunities in the future. B.2 Commercial retail/service centers are supported along stretches of the Airport Connector and at nodes along Glassford Hill Road, 89, Willow Creek Road and other future arterial streets where there is good access and visibility. 21 B.3 Employment centers are recommended at locations strategic to buffering the airport and where they have ready access to nearby residential areas and commercial centers. B.4 Additional commercial uses may be supported along future arterials, denoted as residential on the Figure 6 Land Use Map, when integrated into a comprehensive master planned development. B.5 Light commercial comparable to Neighborhood-oriented Business is supported outside of the recommended Mixed-used Villages when comprehensively designed into a master planned community. B.6 Low-intensity business uses such as offices, professional services, lodges, and mini storage units shall be used as a transitioning non-residential land use in proximity to established neighborhoods. Adequate and attractive buffering is required to screen adjacent unlike uses. B.7 A "town center" is desirable within the Mixed-use Villages denoted at the future nodes of Great Western and SR 89A and at Great Western and Glassford Hill Road and at SR 89 and Pioneer Parkway. Such a center will knit smaller scale retail and services with civic and open space/park area to create a dynamic people place for the community. B.8 Commercial areas with a strong component of recreation are encouraged along SR 89 and old 89A where natural amenities, good access and market opportunities exist. Example uses include (but are not limited to) hotels, motels, time-share resorts, lodges and B & Bs, campgrounds and RV parks, equestrian and multi-purpose centers, and dude ranches featuring swimming, riding, and fishing activities. This plan designation generally does not support residences and does not intend to preclude commercial uses with no recreational component. B.9 Some additional employment acreage is recommended between the airport and the west bank of Granite Creek wash. B.10 Sand and gravel extraction is supported within the Granite Creek Wash, and any realignment of the future Peavine Trail shall be located and designed for adequate separation from possible mining activities. B.11 New industrial/employment center acreage is recommended on the west side of Ruger Road to provide added land for future employers in proximity to the airport and SR 89. The extent of this area should be of sufficient width to help buffer the airport and to allow a new street intersection on SR 89 spaced adequately from the intersection of SR 89 and Ruger Road, per ADOT's SR 89 access management plan. Residential B.12 Mixed-use "villages" that integrate high density residential with shopping, services and recreation are supported within the influence area as mapped in Fig. 6. Generally locate higher density residential only where supported by air traffic levels. 22 B.13 new residential development within Airport Impact Zones 1-5 or within the 60 LDN contour zone (except for build-out of existing approved plats and parcels) requires a holistic land use plan to protect the long-term operations of the Airport. ASAP supports no increase in residential densities via re-zonings for these areas except as indicated on the Land Use Map (Figure 6) or with a holistic land use plan to protect the long-term operations of the Airport. B.14 Use of planned area development (PAD) is encouraged as a tool to move residential densities from areas inappropriate for residential uses to areas more suitable for residential developments compatible with airport protection. PAD designs, conservation easements, and publicly dedicated open space are also recommended to achieve connected open spaces between developments and neighborhoods. B.15 ASAP residential uses are indicated as density ranges on the plan map in Figure 6. The overall number of dwellings permitted will ultimately be based on alternate water service agreements and the communities elected officials' decisions on how best to allocate this resource. B.16 To help halt any further RA 9 residential development south of the Crosswind Runway, consider providing City-funded construction of water and sewer lines and a public Side Road built to city standards. Such improvements should be offered as incentives for this residential area to (re)develop to an appropriate non-residential use such as retail or employment. B.17 Low and medium density residential designation shown on Figure 6 may include one or more golf courses if approved by the water provider. A golf course may be similarly considered within a Mixed-use Village. ASAP LAND USE TABLE — supplements Figure 6 Zones 1-6 are as depicted on Figure 6 Existing Land Use Plan. May 2013 60 and 65 LDN lines are as depicted in the City of Prescott Zoning Code ASAP Land Use Classifications with Intended Scale and Type of Use (Provided as examples but may not be all inclusive) GOVERNMENT/INSTITUTIONAL This designation denotes areas dedicated for public or semi-public uses which may include government centers, police and fire substations, schools, libraries, community centers, water plants, wastewater treatment plants, as well as college or university campuses and related uses and activities, including student dormitories. In general, these areas are not intended for residential uses other than student housing. RECREATION/OPEN SPACE This designation denotes areas which are to be precluded from development except for active and passive public recreational facilities or natural preserves. Open space areas are intended to be left in a natural state due to topographic, drainage, vegetative, and/or landform constraints or the need to provide buffers between incompatible land uses, or to protect viewsheds. Zone 1 is limited to Natural Open Space, which may include: wildlife movement corridor/habitat, passive recreation (hiking trail, wildlife viewing), limited utility infrastructure and airport buffering as well as sand and gravel extraction, as permitted, within the Granite Creek wash. AGRICULTURAL/RANCHING 23 The Agricultural/Ranching designation denotes areas intended to remain in agricultural or ranching production over the long-term. However, these areas are anticipated to transition to other land uses over time. Agricultural/Ranching land may allow residential development of up to one dwelling unit per acre depending upon zoning classification. Public service demands are not anticipated to be as great as in residential designations. No commercial or industrial development is anticipated. This designation is intended to be revisited in the future when the property owners wish to quit ranching and consider developing. New land use designations will be determined based on adopted ASAP goals and objectives. Permitted in Impact Zones 1 through 6. COMMERCIAL/EMPLOYMENT The Commercial/Employment designation refers to areas where professional offices, tourism, recreation, service uses, warehousing, and light industrial uses are generally appropriate. This use requires appropriate buffering considerations from adjoining residential areas. The specific allowable uses are determined based upon the zoning of each particular site and will consider adjacent land uses, traffic impacts and the intensity of any proposed development. Residential uses are not anticipated in this designation. Uses such as lodging, schools, and churches may not be permitted or desired within the airport's 65 LDN noise contour. Permitted in Impact Zones 1 through 6, however, no new residential uses are permitted within Impact Zones 1 through 5 or within the 60 LDN noise contour unless accompanied by a holistic land use plan to protect the long-term operations of the Airport. COMMERCIAL The Commercial designation denotes typical community or regional commercial uses. Intended uses include office, retail, service, civic, lodges, health related and other similar uses as permitted by the appropriate zoning designations. Residential uses of all density categories are permitted, but subject to density and buffering standards set out by the overlying zoning districts. Permitted in Impact Zones 2 through 6, however, no new residential uses are permitted within Impact Zones 1 through 5 or within the 60 LDN noise contour, unless accompanied by a holistic land use plan to protect the long-term operations of the Airport. COMMERCIAL/RECREATION The Commercial/Recreation designation is intended to allow a mix of retail commercial uses, but with an emphasis on recreation related uses such as resorts, campgrounds, equestrian facilities, lodges, hotels/motels, RV parks, fishing camps and swimming pools. This category may also include civic and office uses. Residential uses are not anticipated with this designation. Permitted in Impact Zones 2 through 6, however, no new residential uses are permitted within Impact Zones 1 through 5 or within the 60 LDN noise contour. VERY LOW DENSITY RESIDENTIAL_(less than 1 DU/AC) The Very Low Density Residential category is intended for large-lot single-family housing in a rural setting. Development in these areas will consist mainly of detached single-family homes on 2-acre minimum sized lots or larger. The basic character of development is rural, with most natural features of the land retained. Typically, keeping of horses or other livestock is permitted, possibly in association with pre-existing and ongoing farming or ranching. Public services demands are not as great as in higher density, more urban development. No commercial or industrial development is anticipated. Permitted only in Impact Zone 6, however, not within the 60 LDN noise contour, unless accompanied by a holistic land use plan to protect the long-term operations of the Airport. 24 LOW-MEDIUM DENSITY RESIDENTIAL (1-7 DU/AC) The Low-Medium Density Residential category is intended for predominantly single-family detached residential development. Residential densities of up to seven dwelling units per acre are typical of this category. In general these areas are quiet residential single-family neighborhoods but in some areas a mix of single-family, duplexes and townhouses would also be appropriate. This designation may also include such supporting land uses as neighborhood shops and services, parks and recreation areas, religious institutions, and schools. A full range of urban services and infrastructure is required. The Low-Medium Density Residential category would also allow residential development as described for the Very Low Density Residential category. Permitted only in Impact Zone 3 & 6, however, not within the 60 LDN noise contour, unless accompanied by a holistic land use plan to protect the long-term operations of the Airport. MEDIUM-HIGH DENSITY RESIDENTIAL (8-32 DU/AC) The Medium-High Density Residential category may include duplexes, manufactured and modular homes, apartments, town homes, and other forms of attached or detached housing on smaller lots. The density range for this category is 8 to 32 dwelling units per acre. This category may also include such supporting land uses as neighborhood shops and services, parks and recreation areas, religious institutions, and schools. A full range of urban services and infrastructure is required. The Medium-High Density Residential category would also allow residential development as described for the Low-Medium Density and Very Low Density Residential categories. MIXED-USE Mixed-Use areas are generally located at an existing or anticipated circulation nexus and/or placed between higher intensity uses and adjoining residential land uses. The Mixed-Use designation is intended to be compatible with the surrounding area while providing a mix of commercial, employment, public and residential uses. It is anticipated that these areas will support neighborhood oriented commercial uses and may include master-planned and developed mixed communities intended to replicate the traditional downtown mixture of commercial and residential uses of all density categories. Residential uses are permitted, but subject to density and buffering standards set out by the overlying zoning districts. Commercial uses are permitted in Impact Zones 2 through 6. New residential uses are permitted only in Impact Zone 6, however, not within the 60 LDN noise contour, unless accompanied by a holistic land use plan to protect the long-term operations of the Airport. C. Open Space and Wildlife Habitat C.1 Support ranching to the extent desired by the ranch owners so that their lifestyle and the rural character that it affords may continue in proximity to evolving development. Examples include providing buffering around development that adjoins ranchland, and by providing shared cattle/wildlife roadway underpasses wherever feasible. C.2 Utilize the 100-year flood limit of Granite Creek Wash, other lesser drainages, and adjacent areas to create a multi-purpose greenbelt(s) that supports stormwater drainage, passive recreation, wildlife movement corridors and habitat, and community character. Area jurisdictions should negotiate with applicable property owners to obtain and expand these wildlife friendly open spaces as requests for zoning entitlements, annexation, water allocations and central services are received. 25 C.3 Actively pursue with applicable landowners the feasibility of using conservation easements to gain targeted open space in a manner that directly benefits them through tax relief. C.4 Protect existing year-round watering holes and consider creating additional ones where appropriate, as may be permitted by AZ Department of Water Resources, to help wildlife survive the stress of habitat loss and increasing fragmentation. C.5 Promote roadway and rural land tract fencing that meets the minimum standards of AZ Game and Fish to improve the safety of deer and antelope fence crossings. This may be required along developments and streets where City of Prescott funds have been utilized. C.6 Work with applicable land owners and AZ Game and Fish specialists to identify appropriate locations and reasonable extents of the recommended "gap fencing" designed to help antelope cross busy highways more safely. C.7 Complete the Glassford Hill Arizona Preserve Initiative (API) acquisition so that the mountaintop can remain for future generations. To support continued ranching, the coordination plan for Glassford Hill API should accommodate the needs of applicable ranchers to the fullest extent reasonable. C.8 Work with sand and gravel extraction landowners to reclaim or rehabilitate any permanently closed borrow pits. C.9 Preserve the unique granite rock outcrops throughout the plan area to enhance nearby development where it occurs and protect the regions' scenic beauty. C.10 Utilize, and expand through generous development setbacks, major power line easements as supplemental wildlife movement corridors. C.11 Create a regional park that serves all age and interest groups by providing such active recreational amenities as ballparks and fields, swimming pool, tennis courts, and a trailhead to the Peavine Trail if a link can be created. 26 D. CULTURAL RESOURCES D.1 Initiate a mutual protocol between area jurisdictions to require a minimum Class I cultural resources survey of subdivisions or other developments of 20 acres or more that are located on ridges and hilltops where the likelihood of relics is moderate to high. E. WATER AND SEWER E.1 To further water quality protection and regional water management goals, evaluate the long-term costs and benefits of bringing city sewer infrastructure to existing non-sewered neighborhoods. Identified neighborhoods include the Longview Subdivision, the Jack Drive and Perkins Drive areas, and the developments east and west of SR 89 north of Willow Lake Road (see Figure 2). E.2 Consider City of Prescott funding for water and sewer service extension to the Side Road/Country Dells area as an incentive for development and redevelopment as non- residential uses that are more compatible with the nearby airport activity. E.3 By mutual agreement, any applicable jurisdiction will work to promote new development that utilizes central sewer service that, in turn, permits groundwater recharge credits. E.4 Evaluate alternate water service requests on the merits of the project's ability to meet ASAP's recommendations, and in relation to the region's water availability and areas to be served. F. CIRCULATION The following policies supplement the Circulation Plan Map shown as Figure 7. F.1 Encourage retaining old 89A for public access, including for bicyclists and pedestrians, by accepting it as a city street, if and when the ranches so dedicate and become annexed. F.2 Consider a public/private partnership with private parties such as landowners Polk (Kieckhefer), Granite Dells Ranch and Point of Rocks Ranch to construct a new bridge crossing at Granite Creek for old 89A when such funding assistance is tied to significant economic development projects supported by ASAP. F.3 Pursue land acquisition for the main runway's NE clear zone so that an airport circumferential road can be built connecting SR 89 to the new Airport Connector (see Figure 7). The circumferential road could either extend Ruger Road around the clear zone to Melville Road, or it could include a new street north of and parallel to Ruger Road that opens up additional land for future industrial use on the west side of airport. F.4 Correct the private Side Road deficiency by combining a portion of rails-to-trails' 100-ft. wide right-of-way with the existing private access easement to create a standard 50-ft. public ROW. Consider City-funded street construction for Side Road as an incentive for property owners to convert to non-residential uses. 27 F.5 Require streets in multiple directions interconnecting developments to enhance traffic dispersion, public safety, and a cohesive circulation system. This is not intended to preclude private, gated streets where overall public circulation needs are met. Utilize traffic calming designs to slow traffic where needed. F.6 Support and pursue funding sources to build safe trails in alternative alignments that may be necessary for rails to trails that traverse through ASAP. F.7 Fund and construct a rails-to-trails trailhead at old SR 89A, and within Section 17 at the proposed regional park if a trail link to the Peavine Trail can be created. F.8 Require connections for public walkways and bike paths between neighborhoods to promote fitness, recreation and a sense of community. F.9 New arterial and collector streets constructed within ASAP should be designed with wider, outer travel lanes or with designated bike lanes to promote clean alternative transportation opportunities. F.10 Work with trail advocates, biking enthusiasts, and property owners to create a paved multi-purpose path parallel to (but outside of) the Airport Connector's northerly ROW edge to connect Pioneer Parkway to SR 89A at the future Great Western intersection. Work closely with the Yavapai County Public Works and ADOT to help ensure that any future controlled access roads include a safely separated path for walking and biking while still meeting ADOT's freeway standards. F.11 Utilize public-private partnerships to create attractive, landscaped boulevards that provide pedestrian and biking facilities and contribute to the region's character and quality. The first example might be Glassford Hill Road extension that runs between and connects all 3 of the region's municipalities. F.12 Investigate use of targeted impact fees generated within ASAP to help fund public infrastructure and services within ASAP. REGIONAL ROADWAY DESCRIPTIONS Airport Connector(SR 89A realigned) The new Airport Connector diverges from SR 89A (at T15N, R1W, Section 33), becoming a divided 4-lane State Route with controlled access at designated interchanges. There are four grade-separated interchanges between State Route 89A and State Route 89. Moving from east to west these include Great Western Drive, Side Road, Larry Caldwell, and SR 89. Larry Caldwell will become a cul-de-sac at its intersection with SR 89. The typical road section includes four 12-ft. lanes, a 38-ft. center median, 4-ft. wide inner shoulders, and 10-ft. wide outer shoulders all within a variable width ROW depending on terrain. The discontinued segment of SR 89A will be vacated to the adjoining property owners, who may wish to use it as an access street in the future. No pedestrian or bicycle paths are designed into the ADOT right-of-way. Pioneer Parkway West of SR 89, the Airport Connector tapers to the newly built 4-lane, divided county road known as Pioneer Parkway. Pioneer Parkway now extends from SR 89 to Williamson Valley Road, and provides what is the second half of a new east-west beltway. Ultimately it is possible 28 that Pioneer Parkway will connect to Iron Springs Road, tying in with County Road 15 and points south and west, to provide an improved alternate route to the mountainous SR 89 South. The anticipated traffic levels on this roadway necessitate limited access. There are 7 planned intersections, all but one of which will be at-grade. At-grade, signalized intersections on Pioneer Parkway exist at Willow Creek Road and at Williamson Valley Road. Two of the remaining (non- signalized) intersections fall on Pioneer Park property, one lying just west of the Embry Riddle Aeronautical University tract, and the second lying SE of Longview Estates (to be built at a later date). The last two planned intersections are to be located 1) in Section 8 just east of Williamson Valley Road, and 2) in Pinon Oaks subdivision west of Willow Creek Road. Both intersections will be built by developers as development occurs. The road section includes a 20-ft center median; four 12-ft. travel lanes, 4-ft. wide inner shoulders, 8-ft. wide outer shoulders and a 12-ft. wide separated trail. The ROW width varys. Two 10'x10' pedestrian underpasses and one 16'x14' equipment underpass are programmed between the two non-signalized Pioneer Park intersections; revegetated cut and fill banks are also called for. 29 ORDINANCE NO. 5056-1596 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF PRESCOTT, YAVAPAI COUNTY, ARIZONA, AMENDING THE ZONING OF CERTAIN PROPERTY WITHIN THE CITY OF PRESCOTT GENERALLY LOCATED AT STATE ROUTE (SR) 89 AND STATE ROUTE (SR) 89A/PIONEER WAY, FROM SINGLE FAMILY 18 (SF- 18), MU (MIXED USE), MULTI-FAMILY HIGH (MF-H), BUSINESS REGIONAL (BR), AND INDUSTRIAL LIGHT (IL) ZONING DISTRICTS TO SPECIALLY PLANNED COMMUNITY (SPC) ZONING DISTRICT. RECITALS: WHEREAS, the owners of a certain property within the corporate limits of the City of Prescott, as described in Exhibit A, have requested a rezoning thereof from SINGLE FAMILY 18 (SF-18), MU (MIXED USE), MULTI-FAMILY HIGH (MF-H), BUSINESS REGIONAL (BR), AND INDUSTRIAL LIGHT (IL) ZONING DISTRICTS TO SPECIALLY PLANNED COMMUNITY (SPC) ZONING DISTRICT; and WHEREAS, the Planning and Zoning Commission of the City of Prescott held public hearings regarding said rezoning and voted to recommend approval of the request; and WHEREAS, the City Council of the City of Prescott has determined that it would be in the best interest of the public to rezone said property; while assuring consistency with the General Plan; and WHEREAS, the requirements of Section 9.15 of the City of Prescott Land Development Code have been complied with. ENACTMENTS: NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PRESCOTT AS FOLLOWS: SECTION 1. THAT, the following described parcel of land, further described in Exhibit A attached hereto and made a part hereof, is hereby reclassified as follows: Single- Family 18 (SF-18), Mixed Use (MU), Multi-Family High Density (MF-H), Business Regional (BR), and Industrial Light (IL) zoning districts to Specially Planned Community (SPC) zoning district, with a master plan. The master plan shall be conditioned as follows: A. Site plan review by the Planning and Zoning Commission shall be required per the 2016 City process for Site Plan Review. For all individual commercial and multi-family projects within 150' of Pioneer Parkway, the site plans shall be reviewed and approved by the Planning and Zoning Commission. ORDINANCE NO. 5056-1596 2 B. A minimum of 50% of the Open Space/Civic land use, as depicted on Exhibit 6.34 — the Land Use Budget shall be designated Open Space. Open Space designated areas shall not permit habitable buildings. SECTION 2. THAT the Mayor and Staff are hereby authorized to take all necessary steps to effectuate such rezoning. PASSED AND ADOPTED by the Mayor and Council of the City of Prescott on this day of , 2017. HARRY B. OBERG, Mayor ATTEST: APPROVED AS TO FORM: MAUREEN SCOTT, City Clerk JON M. PALADIN', City Attorney LEGAL DESCRIPTION All that portion of the land lying within Sections 23, 24, 25, 26, 27, and 35, Township 15 North, Range 2 West of the Gila and Salt River Base and Meridian, Yavapai County, Arizona, more particularly described as follows: BEGINNING at the northwest corner of Section 27; Thence South 89° 49' 53" East, along the north line of said Section 27, a distance of 5278.96 feet to the northeast corner of said Section 27, being the common corner of Sections 22, 23, 26, and 27; Thence South 89° 50' 08" East, along the south line of said Section 23, a distance of 2631.07 feet to the south quarter corner of said Section 23; Thence South 89° 48' 50" East, continuing along said south line, a distance of 770.42 feet to the easterly right of way line of State Route 89 as recorded in Book 4954 of Official Records, Page 79, Yavapai County Recorder's Office, Yavapai County, Arizona; Thence along a non-tangent curve, along said easterly right of way line, concave to the east, having a radius of 11347.16 feet, a central angle of 01° 06' 28", an arc length of 219.37 feet, a chord bearing of North 10° 09' 38" West and a chord length of 219.37 feet; Thence North 09° 36' 24" West, along said easterly right of way line, a distance of 200.00 feet; Thence along a tangent curve, along said easterly right of way line, concave to the west, having a radius of 11571.16 feet, a central angle of 03° 40' 37", an arc length of 724.55 feet, a chord bearing of North 11° 26' 42" West and a chord length of 742.42 feet; Thence North 13° 17' 00" West, along said easterly right of way line, a distance of 1566.23 feet to the southwest corner of that certain parcel as described in Instrument Number 2017-0001272, Yavapai County Recorder's Office, Yavapai County, Arizona; Thence South 89° 54' 21" East, along the south line of said certain parcel, a distance of 2498.82 feet to the quarter corner common to Sections 23 and 24; Thence South 01° 15' 09" West, along the west line of said Section 24, a distance of 1333.81 feet; Thence South 89° 44' 14" East, a distance of 1343.89 feet; Thence South 01° 10' 11" West, a distance of 281.00 feet; Page 1 of 6 Thence North 90° 00' 00" East, a distance of 934.90 feet to the northwest corner of that certain parcel described in Book 4785 of Official Records, Page 985, Yavapai County Recorder's Office, Yavapai County, Arizona; Thence South 00° 00' 08" West, along the west line of said certain parcel, a distance of 450.88 feet to a point on the north line of the Prescott Municipal Airport as shown on the Results of Survey recorded in Book 10 of Land Surveys, Page 46, Yavapai County Recorder's Office, Yavapai County, Arizona; Thence South 41° 34' 45" West, along said north line, a distance of 809.47 feet to a point on the south section line of said Section 24; Thence South 41° 33' 16" West, along said north line, a distance of 1937.01 feet to a point on the northerly right of way line of Ruger Road as recorded in Book 22 of Maps and Plats, Page 25, Yavapai County Recorder's Office, Yavapai County, Arizona; Thence North 34° 38' 59" West, along said north line, a distance of 263.81 feet; Thence South 46° 49' 14" West, along said north line, a distance of 634.87 feet; Thence South 51° 42' 41" East, along said north line, a distance of 314.98 feet to a point on the northerly right of way line of said Ruger Road; Thence South 41° 33' 16" West, along said north line and said northerly right of way line of Ruger Road, a distance of 93.55 feet; Thence South 23° 49' 49" West, along said north line and said northerly right of way line of Ruger Road, a distance of 741.70 feet to a point on the east-west center section line of said Section 26; Thence South 89° 53' 46" West, along said east-west center section line, a distance of 137.47 feet to the southeast corner of that certain parcel described in Book 2579 of Official Records, Page 724, Yavapai County Recorder's Office, Yavapai County, Arizona; Thence North 06° 34' 54" East, along the easterly line of said certain parcel, a distance of 181.22 feet; Thence North 88° 37' 47" West, along the northerly line of said certain parcel, a distance of 71.79 feet; Thence South 05° 23' 40" West, a distance of 317.36 feet; Thence South 70° 00' 43" East, a distance of 107.51 feet to a point on the northerly right of way line of said Ruger Road; Page 2 of 6 Thence South 36° 17' 49" West, along said northerly right of way line of Ruger Road, a distance of 68.67 feet; Thence South 53° 42' 11" East, a distance of 60.00 feet to a point on the southerly right of way line of said Ruger Road, also being the northern most corner of that certain parcel described as Parcel 21, recorded in Book 4612 of Official Records, Page 948, Yavapai County Recorder's Office, Yavapai County, Arizona; Thence continuing South 53° 42' 11" East, along the northeasterly line of said certain parcel, a distance of 87.45 feet; Thence South 14° 28' 06" West, along the easterly line of said certain parcel, a distance of 34.47 feet; Thence South 06° 38' 34" West, along said easterly line, a distance of 66.70 feet; Thence South 06° 24' 04" West, along said easterly line, a distance of 183.77 feet; Thence North 53° 42' 09" West, along the southwesterly line of said certain parcel, a distance of 257.89 feet to a point on the southerly right of way line of said Ruger Road; Thence continuing North 53° 42' 09" West, a distance of 60.00 feet to a point on the northerly right of way line of said Ruger Road, also being the easterly line of that certain parcel platted as Apache Hills Unit 1 as recorded in Book 10 of Maps and Plats, Page 38, Yavapai County Recorder's Office, Yavapai County, Arizona; Thence North 30° 29' 44" West, along the easterly line of said certain parcel, a distance of 472.28 feet to a point on said east-west center section line of Section 26; Thence South 89° 53' 46" West, a distance of 718.79 feet to a point on the westerly right of way line of State Route 89 as recorded in Book 4954 of Official Records, Page 79, Yavapai County Recorder's Office, Yavapai County, Arizona; Thence North 13° 16' 50" West, along said westerly right of way line, a distance of 63.51 feet to the northeast corner of that certain parcel described in Book 4951 of Official Records, Page 377, Yavapai County Recorder's Office, Yavapai County, Arizona; Thence South 76° 44' 54" West, along the northerly line of said certain parcel, a distance of 208.81 feet; Thence South 13° 15' 06" East, along the westerly line of said certain parcel, a distance of 600.22; Thence South 89° 38' 04" East, along the southerly line of said certain parcel, a distance of 215.19 feet to a point on the westerly right of way line of said State Route 89; Page 3 of 6 Thence South 13° 16' 50" East, along said westerly right of way line, a distance of 412.60 feet to the northeast corner of the Villas at the Ridge as recorded in Book 45 of Maps and Plats, Page 84, Yavapai County Recorder's Office, Yavapai County, Arizona; Thence South 76° 38' 51" West, along the northerly line of said Villas at the Ridge, a distance of 314.74 feet to the northwest corner of said Villas at the Ridge; Thence South 01° 29' 38" East, along the westerly line of said Villas at the Ridge, a distance of 896.74 feet to the northwest corner of Antelope Village as recorded in Book 14 of Maps and Plats, Page 70, Yavapai County Recorder's Office, Yavapai County, Arizona; Thence South 01° 33' 51" East, along the westerly line of said Antelope Village, a distance of 686.92 feet to a point on south line of said Section 26; Thence North 89° 35' 04" East, along said south line, a distance of 705.10 feet to a point on the westerly right of way line of said State Route 89; Thence South 13° 16' 50" East, along said westerly right of way line, a distance of 3602.56 feet; Thence South 76° 43' 10" West, along said westerly right of way line, a distance of 34.75 feet; Thence South 13° 16' 50" East, along said westerly right of way line, a distance of 410.18 feet; Thence South 31° 44' 03" West, a distance of 20.89 feet to a point on the northerly right of way line of Pioneer Parkway shown on the Right of Way Plans as recorded in Book 29 Maps and Plats, Page 40, Yavapai County Recorder's Office, Yavapai County, Arizona; Thence South 76° 45' 09" West, along said northerly right of way line, a distance of 435.64 feet; Thence along a tangent curve, along said northerly right of way line, concave to the southeast, having a radius of 2274.96 feet, a central angle of 04° 54' 22", an arc length of 194.80 feet, a chord bearing of South 74° 17" 58" West and a chord length of 194.74 feet; Thence South 50° 36' 51" West, along said northerly right of way line, a distance of 854.82 feet; Thence South 58° 18' 02" West, along said northerly right of way line, a distance of 318.97 feet; Page 4 of 6 Thence along a tangent curve, along said northerly right of way line, concave to the northwest, having a radius of 1928.41 feet, a central angle of 30° 20' 32", an arc length of 1021.23 feet, a chord bearing of South 73° 28' 18" West and a chord length of 1009.34 feet; Thence along a non-tangent curve, along said northerly right of way line, concave to the north, having a radius of 1800.00 feet, a central angle of 02° 54' 33", an arc length of 91.39 feet, a chord bearing of South 87° 25' 00" West and a chord length of 91.38 feet; Thence North 75° 44' 49" West, a distance of 291.17 feet to a point on the westerly right of way line of Willow Creek Road, as described in Book 279 Official Records, Page 274, and as shown in Book 9 Maps and Plats, Page 56, Yavapai County Recorder's Office, Yavapai County, Arizona; Thence South 19° 53' 31" West, along said westerly right of way line, a distance of 136.54 feet; Thence North 87° 55' 15" West, a distance of 209.44 feet; Thence North 02° 04' 45" East, a distance of 220.00 feet; Thence North 87° 55' 15" West, a distance of 250.00 feet; Thence South 02° 04' 45" West, a distance of 249.61 feet to a point on the northerly right of way line of said Pioneer Parkway; Thence North 87° 59' 25" West, along said northerly right of way line, a distance of 1214.52 feet to a point labeled station "294+80.87, 113.78 LT," as shown on said Right of Way Plan; Thence North 89° 21' 51" West, along said northerly right of way line, a distance of 509.35 feet to a point labeled station "282+70.84, 112.78 LT," as shown on said Right of Way Plan; Thence North 89° 40' 34" West, along said northerly right of way line, a distance of 99.73 feet to a point labeled station "281+78.12, 116.68 LT," as shown on said Right of Way Plan also being a point on the west line of said Section 35; Thence North 00° 34' 16" East, along the west line of said Section 35, a distance of 4738.41 feet to the southwest corner of that certain parcel as described in Book 4786 of Official Records, Page 134, Yavapai County Recorder's Office, Yavapai County, Arizona; Thence North 89° 39' 34" East, along the south line of said certain parcel, a distance of 340.00 feet; Page 5 of 6 Thence North 00° 34' 16" East, along the east line of said certain parcel, a distance of 340.00 feet to a point on the north line of said Section 35; Thence North 89° 39' 34" East, along the north line of said Section 35, a distance of 971.99 feet; Thence North 01° 35' 08" West, a distance of 2640.60 feet to a point on the east-west center section line of said Section 26; Thence South 89° 54' 09" West, along the east-west center section line of said Section 26, a distance of 1313.92 feet to the west quarter corner of said Section 26; Thence South 01° 37' 27" East, along the west line of said Section 26, a distance of 1843.16 feet to the northeast corner of that certain parcel as described in Book 4786 of Official Records, Page 134, Yavapai County Recorder's Office, Yavapai County, Arizona; Thence South 89° 33' 54" West, along the north line of said certain parcel, a distance of 495.09 feet; Thence South 01° 37' 27" East, along the west line of said certain parcel, a distance of 803.17 feet to a point on the south line of said Section 27; Thence South 89° 33' 01" West, along the south line of said Section 27, a distance of 4786.29 feet to the southwest corner of said Section 27; Thence North 01° 34' 53" West, along the west line of said Section 27, a distance of 5349.45 feet to the POINT OF BEGINNING Containing 80,812,460.19 sf. or 1,855.20 acres more or less. 06/26/17 LE #903-10 903-10 Area A.doc JASON O'BRIEN, R.L.S. ����p LAND S& \� 6���FICgT. 5 W 4647 *SO 0 0•BRIL ors S q 1 ned 06�6 p.• /kINA, S. EXPIRES 6/30/19 Page 6 of 6 v1AP TO ACCOMPANY LEGAL DESCRIPTION AREA A SECTIONS 23, 24, 26, 27, & 35 T15N R2W o v fn 0 0 ---k 0 A 25 THIS DESCRIPTION 1 1 [P.O.B. I 'i 34 5 1 pinAIEEF_P A r. , e - Exhibit 4 CITYoF PRESCOTT E7T /" JJ A R I Z O N A l)ervlrrtr uJ [G}Ntrieldlt, MEMORANDUM OF MASTER PLAN This memorandum certifies that the proposed development of the Deep Well Ranch Property, described by legal description attached as Exhibit A of Ordinance No. 5056- 1596, is, and will be, subject to a master plan approved at the time of the adoption of said ordinance by the City Council. The official copy of the master plan, as it may be amended from time to time, shall be maintained on file in the office of the City Clerk of the City of Prescott. The official master plan contains development criteria and land use controls sufficient to comply with the requirements of Prescott Land Development Code Section 4.13 / Specially Planned Community (SPC) district. Ordinance No. 5056-1596 was adopted November 28, 2017. A-'44&0(K l'V4— RESOLUTION NO. 4409-1618 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF PRESCOTT, YAVAPAI COUNTY, ARIZONA, AUTHORIZING THE CITY OF PRESCOTT TO ENTER INTO A DEVELOPMENT AGREEMENT WITH JAMES DEEP WELL RANCHES #1, LLC, JAMES DEEPWELL RANCHES #2, LLC, CHAMBERLAIN DEVELOPMENT, LLC AND DW 1 INVESTMENTS, LLC; AND AUTHORIZING THE MAYOR AND STAFF TO TAKE ANY AND ALL STEPS NECESSARY TO ACCOMPLISH THE ABOVE. RECITALS: WHEREAS, property owners, James Deep Well Ranches #1, LLC, an Arizona limited liability company and James Deepwell Ranches #2, LLC, an Arizona limited liability company, own approximately 1749 acres of real property; and Chamberlain Development, LLC, an Arizona limited liability company, owns approximately 16 acres of real property; and DW 1 Investments, LLC, an Arizona limited liability company, owns approximately 31 acres of real property in and around what has been generally described as the Deep Well Ranch (collectively "the Property Owners") in Yavapai County, Arizona; and WHEREAS, the property owners plan to develop their property in phases as part of Specially Planned Community ("SPC") zoning with an incorporated Master Plan; and WHEREAS, the City of Prescott ("City") desires to enter into a Development Agreement with the Property Owners to govern the entitlement and development of the Property in accordance with, the City's General Plan and Zoning Ordinance; and WHEREAS, Arizona Revised Statutes §9-500.05, allows for the City and the Property Owners, (the "Parties") to enter into a Development Agreement in order to facilitate the development of the Property by providing for, among other things: (1) the permitted uses for the Property and the density and intensity of such uses; (2) the conditions, terms, and requirements for the construction, installation, and financing of infrastructure; and (3) other matters related to the development and operation of the Property; and WHEREAS, The Parties acknowledge that the ultimate development of the Property within the City is a project of such magnitude that each requires assurances from the other; and WHEREAS, the Parties acknowledge that the development and operation of the Property pursuant to this Agreement will result in significant planning and economic benefits to the City and its residents; and WHEREAS, it is in the City's best interests to enter into a Development Agreement with the Property Owners. RESOLUTION NO. 4409-1618 2 ENACTMENTS: NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF PRESCOTT AS FOLLOWS: Section 1. THAT the City of Prescott hereby approves entering into Development Agreement (City Contract No. 2018-115) with James Deep Well Ranches #1, LLC, an Arizona limited liability company, James Deepwell Ranches #2, LLC, an Arizona limited liability company, Chamberlain Development, LLC, an Arizona limited liability company, and DW 1 Investments, LLC, an Arizona limited liability company. Section 2. THAT the Mayor and staff are hereby authorized to execute the Development Agreement (City Contract No. 2018-115) with James Deep Well Ranches #1, LLC, an Arizona limited liability company, James Deepwell Ranches #2, LLC, an Arizona limited liability, Chamberlain Development, LLC, an Arizona limited liability company, and DW 1 Investments, LLC, an Arizona limited liability company; and to take any and all steps deemed necessary to accomplish the above. PASSED AND ADOPTED by the Mayor and Council of the City of Prescott this day of , 2017. HARRY B. OBERG, Mayor ATTEST: APPROVED AS TO FORM: MAUREEN SCOTT, City Clerk JON M. PALADINI, City Attorney � 0 . 6 . ('rrYoF YRESCOTT COUNCIL AGENDA MEMO MEETING DATE/TYPE: VOTING MEETING 11-28-17 DEPARTMENT: Recreation Services AGENDA ITEM: Adopt Ordinance No. 5054-1594 authorizing the purchase of real property from Sundog Ranch, a General Partnership for Open Space (City Contract No. 2018-116) and Adopt Ordinance No. 5055-1595 granting an ingress egress easement to Sundog Ranch, a General Partnership, for 160.028 acres of real property in the Granite Dells for Open Space purposes. Funding is available in the budget for Open Space Acquisition. FUNDING SOURCE: Open Space Reserve Approved By: Michael Lamar, City Manager Item Summary This item is for consideration of entering into a purchase agreement for 160.028 acres of real property in the Granite Dells area for the purposes of Open Space and Outdoor recreation. Background At the June 7, 2016 Council meeting Resolution No. 4337-1546 was adopted committing $3,800,000.00 of fund balance in the Streets Special Revenue Fund for acquisition of open space, since that time City staff has been working with owners of properties identified in the 2009 Council approved Open Space plan as desirable for acquisition. Storm Ranch North is comprised of approximately 490 +/- Acres and is a sizeable portion of the acreage that makes up the iconic Granite Dells. Over the last Year City staff has been negotiating with the owners on purchasing approximately 160 acres of the ranch in an area contiguous to City owned property in the Dells/Watson Lake area and along Boulder creek. The attached draft purchase agreement is the product of recent negotiations and is subject to review by the seller. Staff is requesting authorization to proceed with the purchase in a form substantially similar to the draft presented recognizing that there may be some technical revisions prior to opening escrow and that the City retains the right to cancel the agreement for any reason during the escrow period .Key points of the draft purchase agreement include: AGENDA ITEM: Adopt Ordinance No. 5054-1594 authorizing the purchase of real property from Sundog Ranch, a General Partnership for Open Space (City Contract No. 2018-116) and Adopt Ordinance No. 5055-1595 granting an ingress egress easement to Sundog Ranch, a General Partnership, for 160.028 acres of real property in the Granite Dells for Open Space purposes. Funding is available in the budget for Open Space Acquisition. • The proposed purchase price is $2,000,000.00 or $12,500.00 per acre • City will dedicate a 50' wide easement across the Peavine trail for the purpose of ingress/egress in the area of an existing driveway to the ranch headquarters • City will work with the sellers to provide appropriate language and location for a plaque memorializing the Storm Family ranching history to be installed on the property. • City will purchase the property in an "as is condition" • City will provide appropriate boundary signage Financial Impact The amount of $3,700,000.00 is available in the Fiscal Year 2018 budget for Open Space acquisition. Attachments 1. Storm Ranch Maps 2. Purchase Agreement with Sundog Ranch, City Contract No. 2018-016 3. Draft Ordinance No. 5054-1594 4. Draft Ordinance No. 5055-1595 5. Ingress and Egress Easement Recommended Action: (1) MOVE to adopt Ordinance No. 5054-1594. 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Storm Ranch Road Prescott, Arizona 86301 BUYER: City of Prescott, an Arizona municipal corporation 201 South Cortez Street Prescott, AZ 86303 ESCROW AGENT: Yavapai Title Agency 1235 E. Gurley Street Prescott, AZ 86301 1. Agreement to Sell and Purchase Property. SELLERS agrees to sell and BUYER agrees to purchase the real property described in Exhibit "A" (the "Property") for the total consideration of $2,000,000.00 (Two Million and no/100 dollars), on the terms and conditions set forth in this Purchase Agreement and Escrow Instructions (the "Agreement"). 2. Acceptance. This Agreement is subject to and contingent upon the approval of the Prescott City Council by an Ordinance authorizing the purchase of the real Property contemplated herein. 3. Opening of Escrow. An escrow for this transaction will be established with Escrow Agent consistent with this Agreement. Escrow Agent shall notify the parties in writing as to the date it received fully executed copies of this Agreement, which date shall be referred to herein as the "Escrow Date". Should the Escrow Agent require the execution of its standard form printed escrow instructions, BUYER and SELLERS agree to execute those instructions. However, if there are conflicts between the terms of this Agreement and those in the printed instructions, the terms of this Agreement shall control. SELLERS shall execute, and deposit in Escrow, a Warranty Deed conveying to BUYER title to the Property, free and clear of all liens and encumbrances. Escrow Agent shall promptly deliver a current commitment for title insurance to the City and the SELLERS. 4. Close of Escrow. Escrow shall close thirty (30) days after the Escrow Date or as mutually agreed upon in writing. BUYER shall deposit monies required to be delivered under this Agreement into escrow on or before noon, Arizona Time, on the Closing Date. At close of escrow, title shall be conveyed to BUYER by way of a Warranty Deed. Escrow Agent shall deliver to the BUYER an Owner's Policy of Title Insurance on the Property in the full amount of the sales price, insuring fee simple title to the Property is vested in the BUYER, subject only to the usual printed Page 1 of 9 exceptions and exclusions and any other matters approved in writing by the BUYER. 5. Closing Costs. The BUYER shall pay all recording and transfer taxes and fees, and any and all closing costs not hereinbefore specified. Property taxes shall be prorated to the close of escrow. 6. No Sale or Encumbrance. SELLERS shall not sell or encumber the Property prior to the closing. 7. Possession. Possession shall be given to the BUYER on the date of closing. 8. Seller's Environmental Representations. SELLERS makes no representation as to the environmental condition of the property. 9. As-Is Condition. BUYER purchases the Property "as-is", "where-is", and with all faults. 10. Contingencies. a) BUYER shall dedicate a public Right-of-way, fifty feet (50') in width, across the City-owned Peavine Trail in a location agreed to by the parties as evidenced by the separate easement agreement entered into by the parties concurrent with this agreement. b) BUYER shall provide appropriate boundary signage. c) BUYER shall work with SELLERS to provide appropriate language and location for a plaque memorializing the Storm Family ranching history on or about the property that is the subject of this agreement. 11.Mutual Release. SELLERS hereby release and discharge the BUYER and its departments, employees, agents, assigns, executives, and administrators from any and all present and future claims, demands, causes of action, damages or suits of any kind, in whole or in part, concerning the Property arising before the Closing Date. BUYER hereby releases and discharges the SELLERS and its departments, employees, agents, assigns, executives, and administrators from any and all present and future claims, demands, causes of action, damages or suits of any kind, in whole or in part, concerning the Property arising on or after the Closing Date. 12.Right of Entry. The SELLERS grants a right of entry to the BUYER, its agents and contractors to conduct such inspections on the Property as BUYER deems necessary, including, but not limited to, inspections to determine the environmental condition of the Property. BUYER shall give reasonable notice to SELLERS prior to any such inspection. This right of entry shall end if this Agreement is terminated. BUYER agrees to indemnify, defend and hold harmless SELLERS for, from and against all claims, liabilities and damages, including attorneys' fees, for personal injury, physical damage to property or mechanics' or materialmen's liens which may Page 2 of 9 be asserted against SELLERS as a result of BUYER's entry onto the Property and inspection or testing thereof. BUYER shall, after its entry and testing, restore the Property to substantially the same condition that existed prior to such entry and testing. 13.Time Periods. Except as otherwise provided, the time for performance of any obligation under this Agreement shall be deemed to expire at 5:00 p.m., Arizona time, on the last day of the applicable time period. If the time for performance expires on a Saturday, Sunday or legal holiday, the time shall be extended to the next business day. 14.Conflict of Interest. This Agreement is subject to cancellation by the City of Prescott, without penalty or further obligation, pursuant to A.R.S.§ 38-511, if any person significantly involved in initiating, negotiating, securing, drafting, or creating this Agreement on behalf of the City is, at any time during the Agreement, an employee, agent or consultant of any other party to the Agreement. 15.Entire Agreement. This offer shall constitute the entire Agreement between the SELLER and BUYER, and no modification shall be binding unless in writing and signed by both parties. Approved and accepted this day of , 2017. (remainder of this page to remain blank) Page 3 of 9 SELLER: Sundog Ranch, a general partnership By: Virginia S. Seaver, Manaaer SELLER: Sundog Ranch, a general partnership By: Edward C. Seaver. Manaaer SELLER: Sundog Ranch, a general partnership By: Eleanor Huddleston. Manaaer SELLER: Sundog Ranch, a general partnership By: James R. Harvey. Manaaer BUYER: CITY OF PRESCOTT, a municipal corporation of the State of Arizona Harry B. Oberg, Mayor ATTEST: APPROVED AS TO FORM: Maureen Scott, City Clerk Jon M. Paladini, City Attorney Page 4 of 9 Escrow Agent hereby accepts employment to handle the escrow established by this Agreement in accordance with the terms set forth in this Agreement. Yavapai Title Agency By Page 5 of 9 EXHIBIT 'A' LEGAL DESCRIPTION PARCEL 'A' OF THAT CERTAIN RECORD OF SURVEY AS RECORDED UNDER RECEPTION NUMBER , RECORDS OF YAVAPAI COUNTY, ARIZONA, LYING IN SECTION 18, TOWNSHIP 14 NORTH, RANGE 1 WEST OF THE GILA AND SALT RIVER MERIDIAN, YAVAPAI COUNTY, ARIZONA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A FOUND 3 'A-INCH ALUMINUM CAP STAMPED "ABCOR ENG. INC T14N S7 S12 S13 S18 1986" MARKING THE SECTION CORNER OF SECTIONS 7, 12, 13 & 18, FROM WHICH A SET 3 'A-INCH ALUMINUM CAP ON 30-INCH ALUMINUM ROD STAMPED "CITY OF PRESCOTT 1/4 T14N R1W S7 S18 2017 RLS 48510" MARKING THE QUARTER-SECTION CORNER OF SECTIONS 7 & 18 BEARS SOUTH 88°21'12" EAST, 2615.59 FEET; THENCE SOUTH 88°21'12" EAST, 480.80 FEET ALONG THE NORTH LINE OF SAID SECTION 18 TO THE EASTERLY RIGHT OF WAY LINE OF THE ATCHISON TOPEKA & SANTA FE RAILROAD AS SHOWN ON THE "RIGHT OF WAY AND TRACK MAP, THE CALIFORNIA, ARIZONA AND SANTA FE RY CO., SANTA FE PRESCOTT AND PHOENIX BRANCH, OPERATED BY THE ATCHISON TOPEKA AND SANTA FE RAILWAY CO." DATED JUNE 30, 1915, LAST REVISED OCTOBER 1950, ALSO BEING THE EASTERLY LINE OF THAT PARCEL DESCRIBED IN THAT CERTAIN DEED OF EXCHANGE RECORDED IN BOOK 779 OF OFFICIAL RECORDS, PAGE 579, YAVAPAI COUNTY RECORDER'S OFFICE, BEING MARKED BY A SET'A-INCH REBAR WITH YELLOW PLASTIC CAP STAMPED "RLS 48510", AND THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE TO THE EAST, HAVING A RADIUS OF 855.37 FEET, A CHORD BEARING OF SOUTH 15°43'38" EAST, AND A CHORD DISTANCE OF 359.74 FEET; THENCE ALONG SAID RIGHT OF WAY LINE AND ALONG SAID CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 24°16'41" A CURVE LENGTH OF 362.45 FEET TO THE POINT OF TANGENCY, SAID POINT BEING MARKED BY A SET'A-INCH REBAR WITH YELLOW PLASTIC CAP STAMPED "RLS 48510"; THENCE SOUTH 27°51'58" EAST, 47.00 FEET ALONG SAID RIGHT OF WAY LINE TO A SET'A-INCH REBAR WITH YELLOW PLASTIC CAP STAMPED "RLS 48510" AND THE POINT OF BEGINNING; THENCE LEAVING SAID RIGHT OF WAY LINE SOUTH 76°23'39" EAST, 472.90 FEET TO A SET PK NAIL WITH BRASS WASHER STAMPED "RLS 48510"; THENCE SOUTH 25°57'53" EAST, 1,749.11 FEET TO A SET'A-INCH REBAR WITH YELLOW PLASTIC CAP STAMPED "RLS 48510" AND THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE TO THE NORTH, HAVING A RADIUS OF 691.84 FEET, A CHORD BEARING OF SOUTH 75°48'35" EAST, AND A CHORD DISTANCE OF 248.92 FEET; Page 6 of 9 THENCE EASTERLY ALONG SAID CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 20°43'38" A CURVE LENGTH OF 250.28 FEET TO A SET PK NAIL WITH BRASS WASHER STAMPED "RLS 48510"; THENCE SOUTH 45°49'14" EAST, 640.76 FEET TO A SET PK NAIL WITH BRASS WASHER STAMPED "LS 48510"; THENCE SOUTH 88°10'18" EAST, 1,316.76 FEET TO A SET 3 %-INCH ALUMINUM CAP ON 30-INCH ALUMINUM ROD, STAMPED "CITY OF PRESCOTT E1/16 C-C S18 2017 RLS 48510" MARKING THE CENTER-EAST 1/16 CORNER OF SECTION 18; THENCE SOUTH 01°39'35" WEST, 176.26 FEET ALONG THE WEST LINE OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 18 TO A SET PK NAIL WITH BRASS WASHER STAMPED "RLS 48510"; THENCE SOUTH 88°54'45" EAST, 1,296.65 FEET TO A POINT IN THE EAST LINE OF SAID SECTION 18, SAID POINT BEING MARKED BY A SET'A-INCH REBAR WITH YELLOW PLASTIC CAP STAMPED "RLS 48510"; THENCE SOUTH 01°45'51" WEST, 1,126.53 FEET ALONG THE EAST LINE OF SAID SECTION 18 TO THE SOUTH 1/16 CORNER OF SECTIONS 17 & 18, BEING MARKED BY A SET 3 %-INCH ALUMINUM CAP ON 30-INCH ALUMINUM ROD STAMPED "CITY OF PRESCOTT S1/16 S18 S17 2017 RLS 48510"; THENCE NORTH 88°39'49" WEST, 2,589.10 FEET ALONG THE SOUTH LINE OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 18 TO THE CENTER-SOUTH 1/16 CORNER OF SECTION 18, BEING MARKED BY A SET 3 %-INCH ALUMINUM CAP STAMPED "CITY OF PRESCOTT 1/16 C-C S18 2017 RLS 48510"; THENCE NORTH 88°39'53" WEST, 1,298.32 FEET ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 18 TO THE SOUTHWEST 1/16 CORNER OF SECTION 18, BEING MARKED BY A SET 3 %-INCH ALUMINUM CAP ON 30-INCH ALUMINUM ROD, STAMPED "CITY OF PRESCOTT SW1/16 S18 2017 RLS 48510"; THENCE SOUTH 01°16'49" WEST, 1,285.84 FEET ALONG THE EAST LINE OF LOT 4 OF SAID SECTION 18 TO THE WEST 1/16 CORNER OF SECTIONS 18 & 19, BEING MARKED BY A SET 3 %- INCH ALUMINUM CAP STAMPED "CITY OF PRESCOTT W1/16 S18 S19 2017 RLS 48510"; THENCE NORTH 88°24'50" WEST, 1,259.86 FEET ALONG THE SOUTH LINE OF SAID LOT 4 TO THE SECTION CORNER OF SECTIONS 13, 18, 19 & 24, BEING MARKED BY A SET 3 %-INCH ALUMINUM CAP ON 30-INCH ALUMINUM ROD, STAMPED "CITY OF PRESCOTT T14N R2W R1W S13 S18 S19 S24 2017 RLS 48510"; THENCE NORTH 00°51'52" EAST, 171.92 FEET ALONG THE WEST LINE OF SAID SECTION 18 TO THE SOUTHEASTERLY RIGHT OF WAY LINE OF SAID ATCHISON TOPEKA & SANTA FE RAILROAD, Page 7 of 9 ALSO BEING THE SOUTHEASTERLY LINE OF SAID PARCEL DESCRIBED IN THAT CERTAIN DEED OF EXCHANGE, BEING MARKED BY A SET PK NAIL WITH BRASS WASHER STAMPED "LS 48510"; THENCE THE FOLLOWING COURSES ALONG THE SOUTHEASTERLY, EASTERLY, AND NORTHEASTERLY RIGHT OF WAY LINE OF SAID RAILROAD AND SAID PARCEL: 1) NORTH 54°16'15" EAST, 582.55 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 578.24 FEET, A CHORD BEARING OF NORTH 34°48'10" EAST, AND A CHORD DISTANCE OF 386.12 FEET, SAID BEGINNING BEING MARKED BY A SET MAG NAIL WITH BRASS WASHER STAMPED "LS 48510"; 2) THENCE NORTHEASTERLY ALONG SAID CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 39°00'30" A CURVE LENGTH OF 393.68 FEET TO THE BEGINNING OF A NON- TANGENT LINE, SAID BEGINNING BEING MARKED BY A SET'A-INCH REBAR WITH YELLOW PLASTIC CAP STAMPED "RLS 48510"; 3) NORTH 15°12'31" EAST, 155.79 FEET ALONG SAID NON-TANGENT LINE TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 616.78 FEET, A CHORD BEARING OF NORTH 23°45'00" EAST, AND A CHORD DISTANCE OF 183.22 FEET, SAID BEGINNING BEING MARKED BY A SET MAG NAIL WITH BRASS WASHER STAMPED "LS 48510"; 4) THENCE NORTHERLY ALONG SAID CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 17'04'59" A CURVE LENGTH OF 183.90 FEET TO THE POINT OF TANGENCY, SAID POINT BEING MARKED BY A SET PK NAIL WITH BRASS WASHER STAMPED "LS 48510"; 5) NORTH 32°17'30" EAST, 1,322.59 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 673.69 FEET, A CHORD BEARING OF NORTH 01°51'59" WEST, AND A CHORD DISTANCE OF 756.52 FEET, SAID BEGINNING BEING MARKED BY A SET'A-INCH REBAR WITH YELLOW PLASTIC CAP STAMPED "RLS 48510"; 6) THENCE NORTHERLY ALONG SAID CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 68°18'57" A CURVE LENGTH OF 803.26 FEET TO THE POINT OF TANGENCY, SAID POINT BEING MARKED BY A SET PK NAIL WITH BRASS WASHER STAMPED "LS 48510"; 7) NORTH 36°01'27" WEST, 397.53 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 1,046.28 FEET, A CHORD BEARING OF NORTH 24°30'54" WEST, AND A CHORD DISTANCE OF 417.52 FEET, SAID BEGINNING BEING MARKED BY A SET PK NAIL WITH BRASS WASHER STAMPED "LS 48510"; 8) THENCE NORTHWESTERLY ALONG SAID CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 23°01'06" A CURVE LENGTH OF 420.34 FEET TO THE POINT OF TANGENCY, Page 8 of 9 SAID POINT BEING MARKED BY A SET PK NAIL WITH BRASS WASHER STAMPED "LS 48510"; 9) NORTH 13°00'21" WEST, 242.28 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 1,246.28 FEET, A CHORD BEARING OF NORTH 20°26'10" WEST, AND A CHORD DISTANCE OF 322.33 FEET, SAID BEGINNING BEING MARKED BY A SET PK NAIL WITH BRASS WASHER STAMPED "LS 48510"; 10)THENCE NORTHERLY ALONG SAID CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 14°51'37" A CURVE LENGTH OF 323.24 FEET TO THE POINT OF TANGENCY, SAID POINT BEING MARKED BY A SET%-INCH REBAR WITH YELLOW PLASTIC CAP STAMPED "RLS 48510"; 11) NORTH 27°51'58" WEST, 519.63 FEET TO THE POINT OF BEGINNING. CONTAINING 6,970,840 SQUARE FEET OR 160.028 ACRES, MORE OR LESS. EDAT ��/� f `�bG'PL ' 4.8510 �-� BRETT R. � G FLIPPO A . • ,0i n•d... z a ua us EXPIRES: 9/30/2020 PREPARED BY: CITY OF PRESCOTT PUBLIC WORKS DEPARTMENT 430 N. VIRGINIA ST. PRESCOTT, AZ 86301 Page 9 of 9 4&cM + ORDINANCE NO. 5054-1594 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF PRESCOTT, YAVAPAI COUNTY, ARIZONA, AUTHORIZING THE PURCHASE OF REAL PROPERTY FROM SUNDOG RANCH, A GENERAL PARTNERSHIP, FOR OPEN SPACE AND AUTHORIZING THE MAYOR AND STAFF TO EXECUTE ANY AND ALL DOCUMENTS TO EFFECTUATE SAID PURCHASE. RECITALS: WHEREAS, the City Council has determined that certain real property is needed by the City for open space and the acquisition of this property will be in the best interests of the health, safety and welfare of the City of Prescott; and, WHEREAS, the proposed purchase price of the property, along with the terms and conditions in the City of Prescott's ("City") standard Purchase Agreement and Escrow Instructions, is deemed to be fair and equitable. ENACTMENTS: NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PRESCOTT AS FOLLOWS: SECTION 1. THAT the City Council hereby accepts the offer to purchase certain real property and agrees to purchase and accept said property from Sundog Ranch, a general partnership, pursuant to the terms and conditions as set forth in the City's standard Agreement for Sale of Real Property dated , 2017, for the purchase price of$2,000,000.00 (Two Million and no/100 dollars) plus closing costs. SECTION 2. THAT the Mayor and staff are directed to execute any and all documents in order to effectuate the foregoing purchase, including payment of the foregoing sum, payment of closing and other costs associated with the purchase, and recordation of the closing documents. PASSED and ADOPTED by the Mayor and Council of the City of Prescott, Arizona, on this day of , 2017. HARRY B. OBERG, Mayor ORDINANCE NO. 5054-1594 PAGE 2 ATTEST: APPROVED AS TO FORM: MAUREEN SCOTT, City Clerk JON PALADINI, City Attorney ORDINANCE NO.5055-1595 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF PRESCOTT, YAVAPAI COUNTY, ARIZONA, GRANTING AN INGRESS EGRESS EASEMENT TO SUNDOG RANCH, A GENERAL PARTNERSHIP, AND AUTHORIZING THE MAYOR AND STAFF TO EXECUTE ANY AND ALL DOCUMENTS TO EFFECTUATE SAID EASEMENT. RECITALS: WHEREAS, the City Council has determined that granting of an ingress egress easement, would benefit the City of Prescott, and granting of such easement will be in the best interests of the health, safety and welfare of the City of Prescott. ENACTMENTS: NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PRESCOTT AS FOLLOWS: SECTION 1. THAT a ingress egress easement to Sundog Ranch, a general partnership, as more particularly described and set forth in Easement Agreement, attached hereto and made a part hereof, is hereby granted. SECTION 2. THAT the sale price for said ingress egress easement shall be $5.00, per the terms and conditions as set forth in Agreement for Sale, attached hereto and made a part hereof. SECTION 3. THAT the attached easement is hereby ordered to be recorded in the Office of the Yavapai County Recorder, Arizona. PASSED and ADOPTED by the Mayor and Council of the City of Prescott, Arizona, on this 14th day of November, 2017. HARRY B. OBERG, Mayor ATTEST: APPROVED AS TO FORM: MAUREEN SCOTT, City Clerk JON PALADINI, City Attorney 4G4oQ\+ 5 When recorded, mail to: City of Prescott City Clerk P. O. Box 2059 Prescott,AZ 86302 INGRESS AND EGRESS EASEMENT AGREEMENT KNOW ALL MEN BY THESE PRESENTS: FOR GOOD AND VALUABLE CONSIDERATION, the receipt and sufficiency of which is hereby acknowledged by each party to the other, the City of Prescott, an Arizona municipal corporation, hereinafter called "Grantor", hereby grants to, Sundog Ranch, a general partnership, hereinafter referred to as the "Grantee", its employees, agents, and designees, the exclusive right of ingress and egress over, and through the real property described in Exhibit "A", attached hereto and made a part hereof(the "Easement Area"). This easement shall run with the land, and shall be perpetual unless earlier abandoned or vacated by the Grantee. Grantor covenants and agrees not to perform any construction, excavation, or alteration upon or within said Easement Area, or perform any modifications to said property without prior written permission of the Grantee. Grantor agrees not to construct any permanent building or wall upon said Easement Area. Grantee shall be solely liable for and shall bear all risk of use of the Easement Area by Grantee and its respective employees, contractors, agents, and invitees. Grantee hereby indemnifies and agrees to hold Grantor and its successors and assigns harmless from any and all claims, damages, liabilities, and causes of action arising from use of the Easement Area by Grantee or its employees, contractors, agents, and invitees. 1 of 5 IN WITNESS WHEREOF, the parties have executed this Ingress and Egress Easement Agreement as of the day of , 20 . GRANTOR: City of Prescott, an Arizona municipal corporation By: Its: State of ARIZONA ) ) ss. County of ) The foregoing instrument was acknowledged before me this day of 20 , by , personally known to me or proven to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument, and acknowledged that he/she executed it. [Seal] Notary Public My commission expires: 2 of 5 Exhibit "A" Legal Description All that portion of land lying within the former Atchison, Topeka and Santa Fe Railroad right of way as shown on the Record of Survey, recorded in Book 151 of Land Surveys, Page 63, and recorded in Book 3590 of Official Records, Page 959, Yavapai County Recorder's Office, Yavapai County, Arizona, Section 7, Township 14 North, Range 1 West, of the Gila and Salt River Base and Meridian, Yavapai County, Arizona, more particularly described as follows: COMMENCING at the Southwest corner of said Section 7, from whence the south quarter corner of said Section 7 bears South 88° 21' 18" East (Basis of Bearings), a distance of 2615.70 feet as shown on the Amended Record of Survey, recorded in Instrument Number 2017-0046565, Yavapai County Recorder's Office, Yavapai County, Arizona; Thence, South 88° 21' 18" East, along the south line of said Section 7, a distance of 380.97 feet to a point on the centerline of said former Atchison, Topeka and Santa Fe Railroad; Thence along a non-tangent curve, along said centerline, concave to the southeast, having a radius of 954.91 feet, a central angle of 31° 42' 20", an arc length of 528.42 feet, a chord bearing of North 12° 47' 04" East and a chord length of 521.70 feet; Thence North 28° 38' 14" East, along said centerline, a distance of 471.02 feet; Thence along a tangent curve, along said centerline, concave to the southeast, having a radius of 572.98 feet, a central angle of 5l° 21' 54", an arc length of 513.67 feet, a chord bearing of North 54° 10' 58" East and a chord length of 496.64 feet to the TRUE POINT OF BEGINNING; Thence North 48° 55' 11" West, a distance of 62.56 feet to a point on the northerly right of way line of said former Atchison, Topeka and Santa Fe Railroad; Thence along a non-tangent curve, along said northerly right of way line, concave to the southeast, having a radius of 622.98 feet, a central angle of 03° 27' 04", an arc length of 37.52 feet, a chord bearing of North 77° 59' 04" East and a chord length of 37.52 feet; Thence South 48° 55' 11" East, a distance of 48.65 feet; Thence along a tangent curve, concave to the east, having a radius of 315.00 feet, a central angle of 14° 18' 07", an arc length of 78.63 feet, a chord bearing of South 41° 46' 08" East and a chord length of 78.43 feet to a point on the southerly right of way line of said former Atchison, Topeka and Santa Fe Railroad; 3 of 5 Thence along a non-tangent curve, along said southerly right of way line, concave to the southeast, having a radius of 522.98 feet, a central angle of 03° 52' 31", an arc length of 35.37 feet, a chord bearing of South 85° 36' 37" West and a chord length of 35.37 feet; Thence along a non-tangent curve, concave to the southwest, having a radius of 285.00 feet, a central angle of 10° 43' 12", an arc length of 53.32 feet, a chord bearing of North 43° 33' 35" West and a chord length of 53.25 feet; Thence North 48° 55' 11" West, a distance of 8.61 feet to the TRUE POINT OF BEGINNING. Containing 3,778.46 square feet or 0.09 Acres, more or less. JASON O'BRIEN, R.L.S. LAND \� �R-��Ficgr, W 4647 JASO y S ned 10'1 P. EXPIRES 6/30/19 4 of 5 MAP TO ACCOV ANY LEGAL 3ESCIPT ON g \ \ \\ dt Ci' \ \ \\ \ \ ✓I I 1 PEAVINE TRAIL / / 1 FORMER ATCHISON, TOPEKA AND / / 1 SANTA FE RIALROAD BK. 151 L.S., PG. 63 / , / BK. 3590 O.R., PG. 959 ---„„„/ / 1 / //-.4.-__ / , / / / / // / 1 / / / i THIS DESCRIPTION // /\ \/ 1 / , / / / / z// / / / / / P.O.B. / / 1 /// / / / / / /// STo / / /p / / /P9tic / / o / , / 7 / I I I 1 I 12 7 '� - - - - 1.5 i BASIS OF BEARINGS - - COMMENCING \ \ 5 of 5 1o . � . ('IT YoF PRESCOTT COUNCIL AGENDA MEMO MEETING DATE/TYPE: VOTING MEETING 11-28-17 DEPARTMENT: Finance AGENDA ITEM: Adoption of Ordinance Nos. 5051-1591, 5052-1592, and 5053-1593 amending Prescott City Code Title IV Chapters 4-5, 4-6, and 4-9 regarding business licenses, safety inspections, and vacation rental registrations. Approved By: Michael Lamar, City Manager Item Summary Approving these ordinances would make the following amendments to City Code: 1. Change the definition of business activity to "transactions or orders for goods and services with a financial exchange, and shall include any trade, event, amusement, profession, occupation, or performance of services whether engaged in for profit or not for profit". 2. Change the $40 safety inspection fee from annual to one-time. 3. Change vacation rentals notification requirement to neighbors in immediate proximity on all sides. 4. Change the vacation rental inspection fee to $40.00. Background The City of Prescott business license requirement became effective January 1, 2017. During the first year of business license implementation, the feedback from the community was brought to the November 14th City Council Study Session. Based on City Council direction received at the study session, staff believes these City Code changes will better meet Council's program goals. Financial Impact The fees for the business license and inspection program are designed to be a cost recovery. Although the fee changes will decrease revenue, they are necessary because the revised inspection process is decreasing associated program costs. Attachments 1. Ordinance 5051-1591, Chapter 4-5 Fire and Safety Inspections 2. Ordinance 5052-1592, Chapter 4-9 Vacation Rentals AGENDA ITEM: Adoption of Ordinance Nos. 5051-1591, 5052-1592, and 5053-1593 amending Prescott City Code Title IV Chapters 4-5, 4-6, and 4-9 regarding business licenses, safety inspections, and vacation rental registrations. 3. Ordinance 5053-1593, Chapter 4-6 Business Licenses Recommended Action: (1) MOVE to adopt Ordinance No. 5053-1593 amending City Code Chapter 4-6 Business License and Miscellaneous Business Regulations (2) MOVE to adopt Ordinance No. 5052-1592 amending City Code Chapter 4-9 Vacation Rentals (2) MOVE to adopt Ordinance No. 5051-1591 amending City Code Chapter 4-5 Fire and Safety Inspections. -�--ft&014\Il\Q,k+ l ORDINANCE NO. 5051-1591 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF PRESCOTT, YAVAPAI COUNTY, ARIZONA, AMENDING TITLE IV, CHAPTER 4-5, SECTIONS 4- 5-1 ("FIRE AND SAFETY INSPECTIONS"), 4-5-2 ("FIRE AND SAFETY INSPECTION FEES") AND 4-5-3 ("EXCEPTIONS TO CHAPTER") OF THE PRESCOTT CITY CODE. RECITALS: WHEREAS, the City of Prescott wishes to amend Title IV, Chapter 4-5, Sections 4-5-1, 4-5-2 and 4-5-3 of the Prescott City Code; and, WHEREAS, amending Title IV, Chapter 4-5, Sections 4-5-1, 4-5-2 and 4-5-3 of the Prescott City Code is in the best interests of the health, safety and welfare of the City of Prescott. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PRESCOTT AS FOLLOWS: ENACTMENTS: SECTION 1. THAT Chapter 4-5 of the Prescott City Code is amended as follows by deleting certain language (exhibited as strike throughs) and adding new language (exhibited as ALLCAPS underlined) to Sections 4-5-1 ("FIRE AND SAFETY INSPECTIONS"), 4-5-2 ("FIRE AND SAFETY INSPECTIONS") and 4-5-3 ("EXCEPTIONS TO CHAPTER") as follows: "CHAPTER 4-5: FIRE AND SAFETY INSPECTIONS SECTIONS: 4-5-1: FIRE AND SAFETY INSPECTIONS: 4-5-2: FIRE AND SAFETY INSPECTION FEES: 4-5-3: EXCEPTIONS TO CHAPTER: 4-5-1 FIRE AND SAFETY INSPECTIONS: FOR EACH business license AND VACATION RENTAL REGISTRATION, aN INITIAL fire AND safety inspection shall be conducted, by the City Fire Department. AFTER THE INITIAL INSPECTION, FUTURE INSPECTIONS WILL CONTINUE ON SELECT BUSINESSES DEPENDING ON SAFETY RISK TO VERIFY COMPLIANCE WITH FIRE AND BUILDING SAFETY CODES. The 2 ORDINANCE NO. 5051-1591 applicant for a license m„st successk lly pass said inspection and pay -ill a ppll c-ab a sppeccti�Tees prior to theise ee of a business license. (Ord. 4978-1516, 5-3-2016, eff. 1-1-2017) 4-5-2 FIRE SAFETY INSPECTION FEES: Upon applying for a business license, a ONE-TIME fire safety inspection fee, to be determined in accordance with City Council policy, shall be paid by the applicant for said license. IN THE CASE OF A LANDLORD AND TENANT LEASING ARRANGEMENT, THE TENANT OR BUSINESS OWNER WILL BE RESPONSIBLE FOR THE FEE. The fire safety inspection fee will be paid thereafter cn an annual basis :r conjunction with the business license renewal. (Ord. 4978- 1516, 5-3-2016, eff. 1-1-2017) 4-5-3 EXCEPTIONS TO CHAPTER: This chapter shall not apply to the following business privilege licenses: (A) Home occupations. (B) Residential rental properties which have less thcr three (3) dwelling units on one lot or parcel. (BG) Businesses which have their physical location outside of the Prescott City limits." SECTION 2. PENALTIES: THAT any person who violates any provision of this Chapter shall be subject to the existing penalties found in Title IV, Chapter 4-6, Sections 4-6-4 ("LICENSE TERM AND FEES, PENALTIES") and 4-6-5 ("CANCELLATION, REVOCATION, OR DENIAL OF BUSINESS LICENCE"). SECTION 3. SEVERANCE CLAUSE: THAT the provisions of this Ordinance and the Code and Code Amendments it incorporates are hereby declared to be severable; and, if any section, sentence, clause or phrase of this Ordinance, or any Code and Code Amendments that it incorporates shall, for any reason, be held to be invalid or unconstitutional, such decisions shall not affect the validity of the remaining sections, 3 ORDINANCE NO. 5051-1591 sentences, clauses and phrases of this Ordinance and the Code and Code Amendments it incorporates, but they shall remain in effect, it being the legislative intent that this Ordinance and the Code and Code Amendments it incorporates shall stand, notwithstanding the invalidity of any part thereof. PASSED AND ADOPTED by the Council of the City of Prescott, Arizona, on this 28th day of November, 2017. HARRY B. OBERG, Mayor ATTEST: APPROVED AS TO FORM: MAUREEN SCOTT, City Clerk JON M. PALADINI, City Attorney ORDINANCE NO. 5052-1592 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF PRESCOTT, YAVAPAI COUNTY, ARIZONA, AMENDING TITLE IV, CHAPTER 4-9, SECTIONS 4- 9-3 ("4-9-3 REGISTRATION CERTIFICATE DISPLAY REQUIRED") AND 4-9-5 ("VACATION RENTAL REGISTRATION REQUIREMENTS") OF THE PRESCOTT CITY CODE. RECITALS: WHEREAS, the City of Prescott wishes to amend Title IV, Chapter 4-9, Sections 4-9-3 and 4-9-5 of the Prescott City Code; and, WHEREAS, amending Title IV, Chapter 4-9, Sections 4-9-3 and 4-9-5 of the Prescott City Code is in the best interests of the health, safety and welfare of the City of Prescott. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PRESCOTT AS FOLLOWS: ENACTMENTS: SECTION 1. THAT Title IV, Chapter 4-9, Section 4-9-3 is amended by deleting certain language as follows (exhibited as strike through:): "4-9-3 REGISTRATION CERTIFICATE AND ADVERTISEMENT DISPLAY REQUIRED: (A) No owner of a vacation rental shall rent a vacation rental for a period of twenty-nine (29) consecutive days or less without a valid vacation rental registration certificate. (B) The current vacation rental registration certificate number issued by the City cha!! be displayed in a cloar wrd—Ieg+#Ic manner on all web b20cd advertising, print mec' c, and television. (Ord. 5014-1552, 11-8-2016, eff. 12-8-2016)" SECTION 2. THAT Chapter IV, Chapter 4-9, Section 4-9-5 is amended by deleting certain language (exhibited as strike throughs) and adding certain language (exhibited in ALL CAPS and underlined) as follows: 2 ORDINANCE NO. 5052-1592 "4-9-5 VACATION RENTAL REGISTRATION REQUIREMENTS: (A) Prior to use of a property as a vacation rental, the applicant shall register the property as a vacation rental with the City annually on a registration form furnished by the City and signed by the applicant under penalty of perjury. Each application shall contain the following information: 1. The address of the residential property proposed to be used as a vacation rental. 2. The name, address, and telephone number of the owner of the unit for which the vacation rental registration certificate is to be issued. 3. The name, address, and telephone number of the agent, if any, of the owner of the unit. 4. The name, address, and twenty-four (24) hour telephone number of the local contact person and verification that the local contact person can respond by telephone or in person to the site of the vacation rental within the time frames provided in this chapter. 5. Evidence that the applicant has provided the name and twenty-four (24) hour telephone number of the local contact person to all property owners IN IMMEDIATE PROXIMITY ON ALL SIDES, as shown in the Yavapai County Assessor's records, with;n threes h�-undfed (300) feet of the r vacation ental property crr�. 6. The number of bedrooms in the vacation rental unit. 7. The applicable overnight occupancy limit of the unit consistent with the provisions of this chapter. 8. Evidence of a valid business license issued by the City for the separate business of operating vacation rentals. 3 ORDINANCE NO. 5052-1592 9. Evidence of a valid transaction privilege tax license issued by the City or the state of Arizona for the vacation rental unit." SECTION 3. PENALTIES. Any person who violates any section of this Chapter shall be subject to the penalties as contained in the existing Title IV, Chapter 4-9, Section 4-9-8. SECTION 4. SEVERANCE CLAUSE: THAT the provisions of this Ordinance and the Code and Code Amendments it incorporates are hereby declared to be severable; and, if any section, sentence, clause or phrase of this Ordinance, or any Code and Code Amendments that it incorporates shall, for any reason, be held to be invalid or unconstitutional, such decisions shall not affect the validity of the remaining sections, sentences, clauses and phrases of this Ordinance and the Code and Code Amendments it incorporates, but they shall remain in effect, it being the legislative intent that this Ordinance and the Code and Code Amendments it incorporates shall stand, notwithstanding the invalidity of any part thereof. PASSED AND ADOPTED by the Council of the City of Prescott, Arizona, on this 28th day of November, 2017. HARRY B. OBERG, Mayor ATTEST: APPROVED AS TO FORM: MAUREEN SCOTT, City Clerk JON M. PALADINI, City Attorney ORDINANCE NO. 5053-1593 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF PRESCOTT, YAVAPAI COUNTY, ARIZONA, AMENDING TITLE IV, CHAPTER 4-6, SECTIONS 4- 6-1 ("DEFINITIONS"), 4-6-2 ("LICENSE REQUIRED; EXEMPTIONS"), AND 4-6-4 ("LICENSE TERM AND FEES; PENALTIES") OF THE PRESCOTT CITY CODE. WHEREAS, the City of Prescott wishes to amend Title IV, Chapter 4-6, Sections 4-6-1, 4-6-2 and 4-6-4; and, WHEREAS, amending Title IV, Chapter 4-6, Sections 4-6-1, 4-6-2 and 4-6-4 of the Prescott City Code is in the best interests of the health, safety and welfare of the City of Prescott. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PRESCOTT AS FOLLOWS: ENACTMENTS: SECTION 1. THAT Title IV, Chapter 4-6, Sections 4-6-1 of the Prescott City Code is amended by deleting certain sections (exhibited as strike through:) and by adding new language (ALL CAPS underlined) as follows: "4-6-1 DEFINITIONS: For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning: "Business ACTIVITY" means activities or acts engaged in or caused to be engaged in and she!! !^elude any trade, game or amusement, calling, profession, occupation or performance of services TRANSACTIONS OR ORDERS FOR GOODS AND SERVICES. WITH A FINANCIAL EXCHANGE. AND SHALL INCLUDE ANY TRADE. EVENT,. AMUSEMENT. PROFESSION, OCCUPATION. OR PERFORMANCE OF SERVICES, whether engaged in for profit or not for profit. "Casual activity or sales" means a transaction of an isolated nature made by a person who neither represents himself to be nor is engaged in a business for which a license is required. The sale, rental, license for use, or lease transaction concerning real property shall not be treated, or be exempt, as casual. Examples of casual activities or sales include but are not limited to: 2 ORDINANCE NO. 5053-1593 1. Individuals engaging in private sales activities, such as the sale of a personal automobile or yard sale, on no more than three (3) separate occasions during any calendar year. 2. Persons under the age of eighteen (18) years engaged in part time or seasonal employment while still attending school full time. 3. MUSICIANS. MUSICAL GROUPS AND OTHER PERFORMERS AND ENTERTAINMENT ACTIVITY PERFORMED AT A LOCAL VENUE OR SPECIAL EVENT, EXCLUDING CARNIVALS OR CIRCUSES. "Delivery" includes wholesale or retail deliveries. "Person" includes all individuals and legal entities which may, under applicable law, conduct business. "Profession" means any occupation which requires advanced learning acquired by a prolonged course of specialized intellectual instruction or which involves original or creative work depending primarily on invention, imagination, or talent, including, but not limited to, accountants, architects, artists, attorneys, dentists, doctors, medical technicians, nurses, engineers, surveyors, and veterinarians. "Residential real property rental" means the business of offering for rent, lease or license a building or structure that is used for a home or residence by one (1) or more persons who maintain a household. It also may mean a mobile home offered for rent, lease or license by one (1) or more persons who maintain a household regardless of ownership of the land upon which said mobile home sits. This definition does not include short term rentals (for period of twenty-nine (29) consecutive days or less), or business activities, such as assisted living or behavioral health residential facilities, and/or any other business operation that does not meet this definition of a residential real property rental. "Separate business location" means a different physical address or branch location of the same business or franchise. A single business occupying more than one (1) suite in the same building does not constitute a separate business location. 3 ORDINANCE NO. 5053-1593 "Special event" means any fair, parade, march, motorcade, ceremony, show, exhibition, procession, festival, street dance, circus, carnival, concert, performance, rodeo, organized race, seasonal/holiday sales lot or other temporary activity which invites public participation and patronage (with or without charge) whether held on public or private property. Special events do not include block parties or private events to which the public is not invited or allowed to participate. "Special event ORGANIZER spariser/promoter" means an individual OR ENTITY who promotes, schedules, contracts for, or otherwise arranges for a sales event, show, exhibition or any other public event where other individuals gather to sell, show, exhibit, display, entertain or in any other way render services to the general public. "Vendor" means ANY PERSON OR ENTITY ENGAGING IN BUSINESS ACTIVITY IN SPECIAL EVENTS. VENDOR DOES NOT INCLUDE ENTITIES WHO DISTRIBUTE INFORMATION ONLY AT THE EVENT. either direct or indirect. The term "vender" sha!! :nclude any trade, business, game, amusement, calling, profession or occupation. (Ord. 4973-1513, 5-3-2016, eff. 1-1-2017; Ord. 5025-1563, 3-14-2017) SECTION 2. THAT Title IV, Chapter 4-6, Sections 4-6-2 of the Prescott City Code is amended by deleting certain sections (exhibited as strike throughs) and by adding new language (ALL CAPS underlined) as follows: "4-6-2 LICENSE REQUIRED; EXEMPTIONS: (A) All ANY person OR ENTITYs engaging in any business ACTIVITY, occupation or profession within the City, including businesses located outside the City limits, except for those persons OR ENTITIES specified in subsection (B) of this section, shall be required to obtain a business license pursuant to this chapter and to pay an annual license fee. (B) The following persons, when engaging in activities subject to the following licensing provisions, shall not be required to obtain a license: 1. Casual activity or sales. 2. Churches as religious institutions engaged solely as a place of worship. 4 ORDINANCE NO. 5053-1593 3. Schools whether public or private. 4. Governmental entities, whether federal, state or municipal. 5. Political organizations and homeowner associations as defined and registered by the Internal Revenue Service (IRS). 6. Businesses physically located outside the municipal limits whose only contact within the City is the delivery of pre-ordered goods. 7. Any person who engagcc it a ":.;c?r:ev,,, occupation or profession for which a City license is required only as EMPLOYEES or as--an independent contractor CONTRACTORS for another person or entity which holds a City license for such business ACTIVITY.,.occupation or profession. 8. Residential real property rental. 9. Structured sober living homes as defined in Chapter 11 of this title and vacation rentals as defined in Chapter 9 of this title; provided, that such structured sober living homes and vacation rentals comply with the existing licensing, registration, and other applicable requirements as specified in this code. 10. All exemptions granted pursuant to the Arizona Revised Statutes. (C) It is unlawful for any person to practice, transact or carry on any business within the municipal limits of the City without first having procured a license from the City to do so, or without complying with any and all regulations of such business designated in this chapter. (D) A separate license shall be obtained for each branch or separate place of business and for each business transacted or carried on at the same place or location. Each license issued shall authorize the licensee to practice, transact and carry on only that business set forth on such license and only at the location or place of business described thereon. (E) A single license will be required for multiple professionals co-located at a single business address. 5 ORDINANCE NO. 5053-1593 (F) Special event vendors and SPECIAL EVENT ORGANIZERS ENGAGING IN BUSINESS ACTIVITY sponsor/promoters are required to obtain a business license, unless already possessing an annual license to operate in the City. All vendors and ORGANIZERS sponsor/promoters must also comply with the City Tax Code. In addition, all special event ORGANIZERS sponsor/promoters shall furnish a list of all vendors participating in the event, including information requested by the Finance Department, within ten (10) days BEFORE of the close of the event OR THE DATE OTHERWISE AGREED UPON BY THE FINANCE DEPARTMENT AND THE ORGANIZER. FAILURE TO PROVIDE THE REQUESTED INFORMATION MAY BE GROUNDS FOR DISALLOWING FUTURE EVENTS. (Ord. 4973-1513, 5-3-2016, eff. 1-1-2017; Ord. 5025-1563, 3-14-2017)" SECTION 3. THAT Title IV, Chapter 4-6, Sections 4-6-4 of the Prescott City Code is amended by deleting certain sections (by adding new language (ALLCAPS underlined) as follows: 4-6-4 LICENSE TERM AND FEES; PENALTIES: (A)The license fee shall be set by resolution. (B) The business license shall be valid only for the calendar year in which it is issued unless renewed each year by filing the appropriate application for license renewal and paying an annual license renewal fee. (C) Proration of license fees is not allowed. ACCORDING TO DEPARTMENTAL POLICY. NEW LICENSE APPLICATIONS RECEIVED NEAR THE END OF THE YEAR MAY BE GRANTED AN EXPIRATION DATE THROUGH THE FOLLOWING CALENDAR YEAR. (D) The annual license renewal fee is due on or before January 1st of each year and delinquent if not paid and received on or before the last business day of January. (E) The annual license fee is subject to a fifty percent (50%) penalty if the annual license fee is not paid within thirty (30) days of beginning business within the City. The annual license fee is delinquent and subject to the fifty percent (50%) penalty if not paid and received on or before the last business day of January. 6 ORDINANCE NO. 5053-1593 (F) Penalties may be waived in accordance with City departmental policy. (Ord. 4973- 1513, 5-3-2016, eff. 1-1-2017)" SECTION 4. PENALTIES: Any person who violates any provision of this Chapter shall be subject to the penalties found in Title IV, Chapter 4-6, Sections 4-6-4 ("LICENSE TERM AND FEES; PENALTIES"), 4-6-5 ("CANCELLATION, REVOCATION, OR DENIAL OF BUSINESS LICENSE"), 4-6-6 ("NONTRANSFERABILITY; DISPLAY") and 4-6-7 ("COMPLIANCE WITH OTHER LAWS"). SECTION 5. SEVERANCE CLAUSE: THAT the provisions of this Ordinance and the Code and Code Amendments it incorporates are hereby declared to be severable; and, if any section, sentence, clause or phrase of this Ordinance, or any Code and Code Amendments that it incorporates shall, for any reason, be held to be invalid or unconstitutional, such decisions shall not affect the validity of the remaining sections, sentences, clauses and phrases of this Ordinance and the Code and Code Amendments it incorporates, but they shall remain in effect, it being the legislative intent that this Ordinance and the Code and Code Amendments it incorporates shall stand, notwithstanding the invalidity of any part thereof. PASSED AND ADOPTED by the Council of the City of Prescott, Arizona, on this 28th day of November, 2017. HARRY B. OBERG, Mayor ATTEST: APPROVED AS TO FORM: MAUREEN SCOTT, City Clerk JON M. PALADINI, City Attorney