ORDINANCES AND RESOLUTIONS
CITYWIDE
ORDINANCE G-5451 -
AMEND CITY CODE - CHAPTER 4, ARTICLE IV, COMMERCIAL GROUND TRANSPORTATION RULES AND REGULATIONS
Request to amend Phoenix City Code, Sections 4-78(A) and 4-78(P), to allow the annual fee charged for unscheduled taxicabs at Phoenix Sky Harbor International Airport (Sky Harbor) to be assessed in accordance with the contracts between the City and the taxicab companies.
In July 2009, the Phoenix City Council approved the Aviation Department issuing a Request for Proposals for Taxicab Services at Sky Harbor. As a result of the bids submitted from this process, the City of Phoenix will collect annual permit fees ranging from $16,061 to $19,777 per vehicle in accordance with each service contract. In connection with these new service contracts, the Phoenix City Code is being amended to reference the new permit fees.
Additionally, request to amend Phoenix City Code, Sections 4-67, 4-70(E) and 4‑78(A). Section 4-67 will be amended to revise the definition for VIP vehicle. Section 4-70(E)(1)(c) will be amended to change the reference from Charter bus to Bus and Section 4-78(A) will be amended to change the reference from Bus (Charter) to Bus.
This item is recommended by Mr. Krietor and the Aviation Department.
CITYWIDE
ORDINANCE G-5452 -
AMEND CITY CODE - AMEND ORDINANCE G-5332 - ABANDONMENT APPLICATION AND CONSIDERATION FEES
Request to amend the effective date of the abandonment consideration fees outlined in Ordinance G-5332.
City Council adopted Ordinance G-5332 which increased abandonment fees and extended the time frame in which to file an appeal. The effective date applied to any abandonment request that had not been "conditionally approved" by October 1, 2009.
Staff recommends adjusting the application of the consideration fees to any abandonment request "submitted" on or after October 1, 2009.
This recommendation if approved will apply to four abandonment applicants who had requests on file prior to the October 1, 2009, fee amendment but had not yet been to hearings.
The Planning Department and Community and Economic Development Department support this request.
This item is also recommended by Mr. Cavazos and the Development Services Department.
CITYWIDE
ORDINANCE S-36685 -
PAYMENT ORDINANCE
(Continued from November 4, 2009) - Request to authorize the expenditure of public money for payment of claims against the City of Phoenix.
This requests continuing payment authority, up to amounts indicated, for the following contracts and/or bids awarded by the City Council as of Wednesday, October 21, 2009.
150,000,000.00
y)
To the following vendors to provide general Job Order Costing (JOC) construction services, on an as-needed basis for various City departments:
$30,000,000.00 Brycon Construction
$30,000,000.00 Caliente Construction, Inc.
$30,000,000.00 Johnson Carlier, Inc.
$30,000,000.00 Kiewit Western Company
$30,000,000.00 The Weitz Company$
150,000,000.00
This item is recommended by Ms. Osuna and the Finance Department.
DISTRICT 6
ORDINANCE S-36270 -
ST85100280 - 20TH STREET - HIGHLAND AVENUE TO CAMELBACK ROAD - DESIGN SERVICES
(Continued from June 17 and August 26, 2009) - Request to authorize the City Manager to enter into an agreement with Stantec Consulting, Inc. to provide design services and possible construction administration services for the 20th Street: Highland Avenue to Camelback Road project, and further authorizing the City Controller to disburse funds for the purpose of this ordinance.
The Engineer's services shall include, but not be limited to: roadway paving design and plan preparation, coordination with utilities, street light design, landscape design, water and sewer relocation, right-of-way acquisition support, and geotechnical investigation.
Stantec Consulting, Inc. was chosen for this project using the direct selection process as authorized by Paragraph D, Subsection 34-103 of the Arizona Revised Statutes. Stantec provided preliminary engineering and scoping documents through their on-call contract. Street Transportation Department staff feels that it is in the City's best interest to have Stantec Consulting, Inc. to provide the professional services necessary to complete the design for this project.
The Engineer's fee shall not exceed $133,312, including all subconsultant and allowable costs.
Additionally, request to authorize the City Manager to take all action as may be necessary or appropriate, and to execute all utilities-related design and construction agreements, licenses, and requests for utility services relating to the development, design, and construction of the project. Such utility services include, but are not limited to: electrical, water, sewer, natural gas, telecommunications, cable television, railroads, and other modes of transportation. This authorization excludes any transaction involving an interest in real property.
Financial Impact
The $133,312 is available in the Street Transportation Department's Capital Improvement 2006 Street Bond budget.
Affirmative Action
The subject firm is eligible to do business with the City of Phoenix until July 30, 2009, by its compliance with the affirmative action requirements of the City Code, Chapter 18, Article V. The firm is responsible for maintaining its eligibility during the life of the contract and failure to do so may result in termination of the contract. Stantec Consulting, Inc. has been contacted by Engineering and Architectural Services Department staff regarding the expiration date of their affirmative action plan. They will submit a current plan prior to expiration.
M/W/SBE Report
Although no Minority/Women/Small Business Enterprise (M/W/SBE) utilization goals are set on professional services contracts in support of the City's capital construction program, firms are strongly encouraged to utilize certified M/W/SBE firms where possible. Stantec Consulting, Inc. will subcontract to the following certified firm in performing the required contract services:
WBE:
Waibel Associates
$12,661
This Council award is subject to execution of the agreement by all of the parties.
The Street Transportation Department concurs with this request.
This item is also recommended by Mr. Zuercher and the Engineering and Architectural Services Department.
CITYWIDE
ORDINANCE S-36686 -
PAYMENT ORDINANCE
Request to authorize the expenditure of public money for payment of claims against the City of Phoenix.
$
32,448.00
a)
To Black & Veatch Corporation for Change Order 4, Contract 121371, Project WS85290023. Staff initiated the Change Order(s) for additional professional services required as part of the Instrumentation and Control Inspection and Testing Services for 24th St. Water Treatment Plant Project for the Water Services Department, increasing the cost to $442,387. The amount of the original contract is $280,000 and the total project budget is $1,802,750, none of which is budgeted for construction. The project is 80 percent complete. The Budget and Research Department has confirmed the availability of budgeted CIP funds for the Change Order(s).
475,445.00
b)
To Brown & Caldwell for Change Order 1, Contract 124143, Project WS85230025. Staff initiated the Change Order(s) for additional professional services required as part of the Val Vista Transmission Main Rehabilitation Project for the Water Services Department, increasing the cost to $3,126,836. The amount of the original contract is $2,651,391 and the total project budget is $87,129,847 of which $79,648,520 is budgeted for construction. The project is 80 percent complete. The Budget and Research Department has confirmed the availability of budgeted CIP funds for the Change Order(s).
$
512,556.51
c)
To Kiewit Western Company for Change Order 4, Contract 121719, Project WS90500209. Staff initiated the Change Order(s) for additional construction required as part of the Sanitary Sewer Relief and Replacement Priority Project #34: Peoria Avenue; 39th Avenue to 35th Avenue and 35th Avenue; Peoria Avenue to Cactus Road Project for the Water Services Department, increasing the cost to $6,365,924. The amount of the original contract is $5,323,524 and the total project budget is $7,234,967 of which $6,395,928 is budgeted for construction. The project is 100 percent complete. The Budget and Research Department has confirmed the availability of budgeted CIP funds for the Change Order(s).
84,066.00
d)
To LEA Architects for Change Order 1, Contract 125706, Project FD57100022. Staff initiated the Change Order(s) for additional professional services required as part of the Fire Station 59 Project for the Engineering and Architectural Services Department, increasing the cost to $447,458. The amount of the original contract is $363,392 and the total project budget is $10,865,726 of which $8,318,240 is budgeted for construction. The project is 20 percent complete. The Budget and Research Department has confirmed the availability of budgeted CIP funds for the Change Order(s).
50,600.00
e)
To Pfocus, LLC, Scottsdale, for Change Order 3, Contract 121725, Project CP10100007. Staff initiated the Change Order(s) for additional professional services required as part of the Phoenix Convention Center Expansion Project for the Engineering and Architectural Services Department, increasing the cost to $1,050,600. The amount of the original contract is $1,400,000 and the total project budget is $445,468,579 of which $402,825,754 is budgeted for construction. The project is 100 percent complete. The Budget and Research Department has confirmed the availability of budgeted CIP funds for the Change Order(s).
$
1,155,115.51
This item is recommended by Ms. Osuna and the Finance Department.
CITYWIDE
ORDINANCE S-36687 -
PAYMENT ORDINANCE
Request to authorize the expenditure of public money for payment of claims against the City of Phoenix.
This requests continuing payment authority, up to amounts indicated, for the following contracts and/or bids awarded by the City Council as of Wednesday, November 4, 2009.
$
2,500,000.00
a)
To Arizona Public Service to provide design and construction of primary power to support the PHX Sky Train Project (AV10000001) for the Aviation Department.
1,047,028.00
b)
To Banicki Construction Company, Inc. to amend Contract 118447, originally approved on April 19, 2007, to provide additional construction services for the Deer Valley Airport South Ramp Reconstruction Project (AV31000039) for the Aviation Department.
165,000.00
c)
To Brewer Cote Southwest, Glendale, for the purchase of Flexset Concrete under RFA 10-001 from October 15, 2009 through September 30, 2010, for the Aviation Department.
50,000.00
d)
To Creative Impressions for the purchase of G.R.E.A.T. Program incentives and workbooks on an as-needed basis under RFA 10-020 from November 1, 2009 through October 31, 2011, for the Police Department.
8,959,242.00
e)
To D.L. Withers Construction, L.C. to amend Contract 125626, originally approved on March 11, 2009, to provide additional Construction Manager at Risk services for the Herberger Theater Center Bond Project Renovations Project (CP20100005) for the Phoenix Convention Center Department.
100,000.00
f)
To Facility Strategies Group to provide engineering consulting services and strategic and engineering support services for the planned energy financing project for the Housing Department.
265,000.00
g)
To Freightliner, Sterling, Western Star, Tolleson, for the purchase of roll-off refuse trucks under IFB 10‑022 for the Public Works Department.
$
675,500.00
h)
To Freightliner, Sterling, Western Star, Tolleson, for the purchase of front load refuse trucks under IFB 10-023 for the Public Works Department.
4,000,000.00
i)
To Gannett Fleming, Inc. to amend Contract 123410, originally approved on April 9, 2008, to provide additional facilities design services for the PHX Sky Train Project (AV10000010) for the Aviation Department.
90,000,000.00
j)
To Hensel Phelps Construction Company, to amend contract 123400, originally approved on April 16, 2008, to provide additional Construction Manager at Risk services for the PHX Sky Train Project (AV10000001) for the Aviation Department.
5,900,000.00
k)
To Kiewit Western Co. to amend Contract 113607, originally approved on October 13, 2004, to provide additional Construction Manager at Risk services for the Val Vista Water Main Rehabilitation Project (WS85230025) for the Water Services Department.
75,000.00
l)
To Siemens Building Technologies, Inc. to provide maintenance and repair services for the Energy Management Control System for the Crime Laboratory on an as-needed basis under RFA 10-006 from November 1, 2009 through October 31, 2012, for the Police Department.
4,000,000.00
m)
To the following vendors to amend their contracts to provide additional subsurface utility excavation services (Project 4108JOC047) for the Engineering and Architectural Services Department:
$2,000,000.00 Aztec Engineering,
Contract 119303
$2,000,000.00 TBE Group,
Contract 119304
1,859,450.36
n)
To the following vendors to provide ammunition on an as-needed basis under IFB 10-011 from December 1, 2009 through November 30, 2012, for the Police Department:
Diamondback Police Supply, Tucson
San Diego Police Equipment, San Diego, CA
Arizona Tactical$
87,875.00
o)
To United Fire Equipment, Tucson, for the purchase of a mobile ventilation unit under IFB 10-033 for the Fire Department.
$
119,684,095.36
This item is recommended by Ms. Osuna and the Finance Department.
CITYWIDE
ORDINANCE S-36688 -
PAYMENT ORDINANCE
Request to authorize the expenditure of public money for payment of claims against the City of Phoenix.
$
16,019.33
a)
To All-Kote Lining, Inc., Tempe, to repair a caustic bulk tank at the 24th Street Water Treatment Plant for the Water Services Department.
46,185.60
b)
To Alpha American Programmable Signs, San Diego, CA, for the purchase of 240 Beta Brite electronic message signs to be used at fire stations for call alerts for the Fire Department.
20,337.55
c)
To Arizona Pump & Equipment Company, Chandler, for the purchase of a fire pump and submersible motor to be used at the Upper Coral Gables Booster Station for the Water Services Department.
39,900.00
d)
To Arizona State University, Tempe, for services provided to assist Bell Road merchants in connection with the Bell Road Identity and Branding Project including planning, analyzing, designing, mapping, and zoning for the Neighborhood Services Department.
8,864.24
e)
To Balar Equipment Corporation for the purchase of sewer cleaning hoses and hose guides to be used at the 23rd Avenue Water Treatment Plant for the Water Services Department.
21,349.80
f)
To Canyon State Oil Company for the purchase of unleaded fuel for the Rental Car Center at Phoenix Sky Harbor International Airport for the Aviation Department.
$
13,195.94
g)
To CDW Government, Vernon Hills, IL, for the purchase of six laptop computers with protection plans to be used for the 21st Century Learning Center project for the Library Department.
10,789.29
h)
To City of Glendale to provide water delivery to Phoenix customers not attached to the Phoenix water distribution system for the Water Services Department.
22,176.68
i)
To Consolidated Storage Companies, Tatamy, PA, for the purchase of storage cabinets, doors, and drawers to be used to secure tools and supplies at the Fleet Maintenance Section shop for the Aviation Department.
18,600.00
j)
To Consultants in Data Processing, Inc., Scottsdale, to provide technical support services for the Financial Systems Applications and Support Division of the Finance Department.
13,766.00
k)
To Contemporary Controls, Downers Grove, IL, for the purc ORDINANCE S-36693 hase of network switching hubs used in the fire alarm systems for the Phoenix Convention Center Department.
11,004.78
l)
To Copper State Supply, Inc., Mesa, for the purchase of six air release valves and rebuilding kits for the Water Services Department.
26,691.28
m)
To Dave Bang Associates, Inc., Mesa, to provide and install a Ramada at Mountain Vista Park for the Parks and Recreation Department.
17,256.08
n)
To DC Frost Associates, Inc., Walnut Creek, CA, for the purchase of various parts for the climber screens that screen river water at the Val Vista Water Treatment Plant for the Water Services Department.
41,614.00
o)
To Diamondback Airboats, Cocoa, FL, for the purchase of an airboat to be used to apply larvicide primarily for mosquito control in the outflow filtration ponds at the 91st Avenue Wastewater Treatment Plant for the Water Services Department.
$
9,030.12
p)
To DLT Solutions, Inc., Atlanta, GA, for annual license renewals through January 4, 2011, for AutoCAD software for the Street Transportation Department.
44,483.13
q)
To Foto Forum for the purchase of various cameras and related equipment to be used in the Records and Identification Bureau for the Police Department.
17,669.98
r)
To Goodmans for the purchase of washable fabric and to reupholster chairs for public use at the Burton Barr Central Library for the Library Department.
26,896.07
s)
To Graybar Electric for the purchase of lighting control and relay panels to be installed in the West Parking Garage of Terminal Four at Phoenix Sky Harbor International Airport for the Aviation Department.
24,872.16
t)
To Hasler Financial Services, LLC, San Francisco, CA, for the lease and maintenance of two automatic mail machines with included software through September 30, 2010, for the City Clerk Department.
10,288.50
u)
To Hertz Equipment Rental Corporation for the purchase of a walk-behind single drum roller used for asphalt compaction for the Street Transportation Department.
31,176.74
v)
To Kelley Communications, Mesa, for the purchase of two-way radio equipment to be used to dispatch emergency calls for the Fire Department for the Information Technology Services Department.
15,360.00
w)
To Korman Signs, Richmond, VA, for the purchase of 200 sheets of aluminum-composite material used to fabricate street name signs for the Street Transportation Department.
20,893.15
x)
To Language Line Services, Dallas, TX, to provide translation services for 911 calls under Contract 124595 for the Police Department.
9,622.00
y)
To Lee Davis and Associates, Inc. for paralegal services provided in September 2009, under Agreement 124204 for the Law Department.
$
30,700.00
z)
To Maricopa County Environmental Services Department for the annual refuse collection permit renewal fee for the Solid Waste Field Services Division of the Public Works Department.
16,516.75
To Mexico Magazine Distribution, El Paso, TX, for annual subscription renewals of various Spanish language magazines for the Library Department.
15,077.00
ab)
To Mity-Lite, Inc., Orem, UT, for the purchase of tables and carts to be used by the public and staff in the Community Room at the Neighborhood Services Warehouse for the Neighborhood Services Department.
46,270.00
ac)
To NetMotion Wireless, Inc., Seattle, WA, for the annual maintenance renewal through October 31, 2010, for software used to provide secure communications between mobile users and the Police network for the Computer Services Bureau of the Police Department.
8,967.96
ad)
To NextGig Systems, Inc., Westlake Village, CA, for the purchase of two Test Access Point hardware devices used to monitor network traffic for the Information Technology Services Department.
138,031.00
ae)
To Oakland Athletics Baseball Company, Oakland, CA, for quarterly field maintenance services at Phoenix Municipal Stadium and Papago Park Baseball Facility under Agreement 67917 for the Parks and Recreation Department.
13,308.00
af)
To Perkin Elmer, Shelton, CT, for a one-year service agreement through October 31, 2010, on an infrared spectrometer system in the Laboratory Bureau for the Police Department.
17,596.19
ag)
To Portable Computer Systems, Inc., for the purchase and installation of docking ports and laptop computers with wireless network connections to be placed in vehicles used by the Housing Rehabilitation Section of the Neighborhood Services Department.
29,858.31
ah)
To Pressure Systems, Inc. for the purchase of six pressure washers to be used in the Fleet Maintenance Section of the Aviation Department.
$
76,872.26
ai)
To Salt River Project to provide underground streetlight connections under Contract 40409 for the Street Transportation Department.
12,783.00
aj)
To SkillSets Online, Danville, CA, for license renewals through October 31, 2010, for online technical training for employees in the Technology Division of the Aviation Department.
19,810.00
ak)
To Stop Experts, Inc., Venice, FL, for the purchase and installation of two crosswalk warning systems for the Street Transportation Department.
21,055.00
al)
To Survey Technologies, Inc., Portland, OR, for the purchase of mobile signal analysis equipment and software to be used to ensure that metro area coverage is maintained on the Regional Wireless Cooperative network for the Information Technology Services Department.
12,901.20
am)
To Unified Supply & Services, Inc., Flower Mound, TX, for the purchase of various parts to be used in baggage claim carousels at Phoenix Sky Harbor International Airport for the Aviation Department.
$
246,754.00
an)
To Alliance Towing to exercise an option to extend, originally approved on November 19, 2008, to continue to provide towing and minor auto assistance services at Phoenix Sky Harbor International Airport under Agreement P-08796-09 awarded by IFB 09-053 for the Aviation Department.
12,931.80
ao)
To Amada Encinas and Erlinda Guerrero and/or Assignee(s) to provide displacement relocation assistance as a part of the Community Noise Reduction Program for the Aviation Department by the Finance Department.
$
101,250.00
ap)
To Cyclone Surface Cleaning, Inc., Tempe, to exercise an option to extend, originally approved on August 31, 2004, to continue to provide runway rubber deposit removal services at Phoenix Sky Harbor International Airport under Agreement P‑07585-06 awarded by IFB 04-209 for the Aviation Department.
3,100,000.00
aq)
To Dell Marketing, L.P., Round Rock, TX, to exercise an option to extend, originally approved on July 1, 2005, to continue to provide desktop personal computers and related services under Agreement P‑07824-07 awarded by RFP 05-028 for Citywide departments.
32,768.00
ar)
To EA Maps, LLC, Gilbert, to provide aerial imaging services under Agreement P-08872-11 awarded by IFB 09-058 for the Aviation Department.
144,575.00
as)
To General Electric Credit Equities, Inc., Los Angeles, CA, for the lease of office space located at 111 West Monroe through April 30, 2010, under Contract 106188 for the Professional Standards Bureau of the Police Department.
110,000.00
at)
To Maricopa County Air Quality Department for regulatory environmental and landfill disposal permit fees during Fiscal Year 2009/10 for the Public Works Department.
40,000.00
au)
To Morrison Maierle, Inc., Tempe, to conduct traffic safety studies in the downtown Light Rail Transit area under Agreement 126670 for the Street Transportation Department.
312,117.00
av)
To RCD Cleaning Service, Inc. to exercise an option to extend, originally approved on November 17, 2004, to continue to provide custodial services at Phoenix City Hall under Agreement P-A7649-06 awarded by RFP 05-008 for the Public Works Department.
18,509.40
aw)
To Santiago D. Montoya and/or Assignee(s) to provide displacement relocation assistance as a part of the Community Noise Reduction Program for the Aviation Department by the Finance Department.
$
2,200,447.00
ax)
To the following vendors to exercise an option to extend, originally approved on May 5, 2004, to continue to supply computer hardware under Agreements P-07523-05 and P-07525-05 respectively awarded by RFA 04-017 for Citywide departments:
$1,455,187.00 Dell Computer Corporation,
Red Rock, TX
745,260.00 Hewlett Packard, Omaha, NE$
7,317,141.29
This item is recommended by Ms. Osuna and the Finance Department.
DISTRICT 1
ORDINANCE S-36689 -
EXECUTE AGREEMENT WITH MARICOPA COUNTY FOR AIR QUALITY MONITORING AT DEER VALLEY AIRPORT
Request approval for the City Manager, or his designee, to enter into an Intergovernmental Agreement with Maricopa County for the placement of air monitoring equipment to be placed at the Phoenix Deer Valley Airport (Airport).
As required by the Environmental Protection Agency, Maricopa County will install an air quality monitoring system by January 1, 2010, to monitor ambient air quality at the Airport.
The term of the agreement will be three years with two one-year renewal options to be exercised at the sole discretion of the Aviation Director. Maricopa County will install all necessary improvements, pay for electricity, and share the air quality monitoring data with the Aviation Department.
Due to the regulatory nature of the use specifically to test for aviation emissions, the absence of business activity, and the small site requirement, it is not necessary to receive rent for the agreement.
This item is recommended by Mr. Krietor and the Aviation Department.
DISTRICT 8
ORDINANCE S-36690 -
LICENSE AMENDMENTS WITH VERIZON WIRELESS LLC AT PHOENIX SKY HARBOR INTERNATIONAL AIRPORT
Request authorization for the City Manager, or his designee, to amend License Numbers 96730 and 89526 with Verizon Wireless, LLC at Phoenix Sky Harbor International Airport by extending the current terms on a month-to-month basis through April 30, 2010. The Aviation Department is negotiating NEW BUSINESS terms.
Verizon has operated for the past ten years at Phoenix Sky Harbor International Airport with three wireless cell sites. Verizon's two licenses will expire on December 31, 2009. There are no additional annual renewal periods. Verizon pays the airport a total of $106,409 per year, subject to annual CPI adjustments.
All other terms and conditions of License 96730 and License 89526 will remain in full force and effect during the extension. The new negotiated license terms and conditions will be presented to the City Council for approval at a later date.
This item is approved by Mr. Krietor and the Aviation Director.
DISTRICT 8
ORDINANCE S-36691 -
NEW FACILITY LEASE WITH TRANSPORTATION SECURITY ADMINISTRATION AT PHOENIX SKY HARBOR INTERNATIONAL
Request to authorize the City Manager, or his designee, to enter into a new facility lease with the Transportation Security Administration (TSA), to support its security functions at Phoenix Sky Harbor International Airport (PHX). The current lease agreement is set to expire December 31, 2009.
The new lease agreement with the TSA will be subject to the following terms and conditions:
●
TSA will lease approximately 10,225 square feet for staff administrative office and break rooms among the three terminal buildings at PHX. Federal law requires the TSA to pay rent for this space. However, the TSA is not required to pay rent for passenger baggage screening locations.
●
The term will be five years with no renewal options.
●
TSA will pay rent based upon the following fixed terminal rates per square feet per year:
Rate Per Square Feet Per Year
Rental Years
Terminal 2
Terminal 3
Terminal 4
Year 1 (January 2010 - December 2010)
$ 74.14
$ 81.28
$ 90.71
Year 2 (January 2011 - December 2011)
$ 78.97
$ 86.30
$ 96.58
Year 3 (January 2012 - December 2012)
$ 84.11
$ 91.62
$102.82
Year 4 (January 2013 - December 2013)
$ 89.59
$ 97.27
$109.47
Year 5 (January 2014 - December 2014)
$ 95.43
$103.27
$116.56
Further, the Aviation Department requests authorization to adjust the TSA's exclusive space, not to exceed a lease total of 20,000 square feet, as deemed necessary for the duration of the facility lease. TSA will pay rent based upon the prevailing terminal rates as described above at the time of the adjustment.
As a federal government entity, the TSA is exempt from compliance with the Affirmative Action requirements of the City Code Chapter 18, Article V.
This item is recommended by Mr. Krietor and the Aviation Department.
DISTRICT 8
ORDINANCE S-36692 -
ACQUISITION OF EIGHT IMPROVED RESIDENTIAL PROPERTIES FOR THE COMMUNITY NOISE REDUCTION PROGRAM
Request to authorize the City Manager, or his designee, to acquire the properties listed below for the Aviation Department's Community Noise Reduction Program. Further request authorization to enter into short-term temporary occupancy agreements to allow occupants time to relocate, as may be necessary to, and in furtherance of, this ordinance.
The following property owners have voluntarily requested that the City purchase the properties:
Owner
Address
Appraisal
WBS Element
Longinos Espinoza Jr.
657 South 10th Place
APN: 116-39-087
$ 56,000
AV01030052
Roy B. Sanchez
669 South 10th Place
APN: 116-39-082
$ 84,000
AV01030054
Ramon Rojas and Blanca Rojas
732 East Apache Street
APN: 115-45-028
$ 39,000
AV01050147
The Manuel T. Carbajal and Eva O. Carbajal Revocable Living Trust, dated
October 20, 1998
915 East Sherman Street
APN: 116-37-100
$ 41,000
AV01030168
Andrea C. Vasquez
1017 East Mohave Street
APN: 115-46-008
$ 12,000
AV01050030
Andrea C. Vasquez
1019 East Mohave Street
APN: 115-46-006
$ 35,000
AV01050031
Mike Moga aka Mircea Moga
1137 East Durango Street and 2006 South
12th Street
APN: 115-47-042
and 115-47-043
$335,000
AV01050278
AV01050280
Further authorizing the City Controller to disburse funds to purchase the properties at the City's appraised value, plus usual and customary closing costs, and to accept and disburse funds for the related temporary occupancy agreement.
Funding is available in the Aviation Department Capital Improvement Program from Passenger Facility Charge revenue.
Citizen Notification
A community meeting is held quarterly to update the community and receive feedback regarding the Community Noise Reduction program. The community is supportive of proceeding with the land acquisitions.
This item is recommended by Mr. Krietor and the Aviation Department.
CITYWIDE
ORDINANCE S-36693 4108JOC046 - CONTRACT AMENDMENT 1 - CITYWIDE PAVING/CONCRETE/
STORM DRAIN JOB ORDER CONTRACT EXTENSION
Request to authorize the City Manager, or his designee, to exercise the first and final extension of Contract 119904 with Nesbitt Contracting Company, Inc., and further authorizing the City Controller to disburse funds for the purpose of this ordinance. If approved, the contract will be extended for an additional 24 months and an additional $14,000,000 for a total contract amount of $35,000,000.
The services provided by Nesbitt Contracting Company, Inc., will include, but are not limited to: half street paving around building sites and small to large parking lot projects which include grading, paving, concrete sidewalk, and storm drain projects and civil work associated with parks. Minor design services may be included.
Nesbitt Contracting Company, Inc. was chosen for this project using a qualifications-based selection process as authorized by Title §34-603 of the Arizona Revised Statutes. Based on this selection process, they were one of two firms determined to be the most qualified to provide the required services for this project.
Contract Issue Date
Original Expiration Date
Amended Expiration Date
November 13, 2006
November 17, 2009
November 17, 2011
Additionally, request to authorize the City Manager, or his designee, to take all action as may be necessary or appropriate and to execute all utilities-related design and construction agreements, licenses, permits, and requests for utility services relating to the development, design, and construction of the project. Such utility services include, but are not limited to: electrical, water, sewer, natural gas, telecommunications, cable television, railroads, and other modes of transportation. This authorization excludes any transaction involving an interest in real property.
Financial Impact
Various Capital Improvement Project funds from City departments utilizing these services will be used for funding. Budget and Research will approve the availability of funds prior to issuing any job order.
Affirmative Action
The subject firm is eligible to do business with the City of Phoenix until February 19, 2010, by their compliance with the affirmative action requirements of the City Code, Chapter 18, Article IV. The firm is responsible for maintaining its eligibility during the life of their contract and failure to do so may result in termination of their contract.
Previous Council Action
The original Job Order Contract was approved by City Council on October 11, 2006.
SBE or DBE Report
Since some jobs will be federally funded, Disadvantage Business Enterprise (DBE) subcontractor participation goals will be established on a per project basis. Job orders not federally funded had Small Business (SBE) subcontractor participation goals of nine percent SBE established which will be reviewed on a semi-annual basis.
Citizen Notification
The public will be notified on each job order agreement if notification is required.
This Council award is subject to execution of the agreement by all of the parties.
The Acting City Engineer concurs with this request.
This item is also recommended by Mr. Zuercher.
DISTRICT 2
ORDINANCE S-36694 -
DEDICATION OF A PUBLIC UTILITY EASEMENT FOR A CITY PROJECT LOCATED AT 33027 NORTH CAVE CREEK ROAD
Request to authorize the dedication of a public utility easement for the installation of new service to a City facility on City property in the APS service area, and further ordering the Ordinance recorded. This easement is needed to provide utilities and other services to the Fire Station 72 project. The property is located at 33027 North Cave Creek Road.
This bears the recommendation of the City Engineer and the Deputy Finance Director with the concurrence of the Fire Chief.
This item is also recommended by Mr. Zuercher.
DISTRICT 2
ORDINANCE S-36695 -
ACQUISITION OF AN EASEMENT FOR WATER PURPOSES - EAST OF I-17 BETWEEN JOMAX ROAD AND DIXILETA DRIVE
Request to authorize the City Manager, or his designee, to acquire from the Flood Control District of Maricopa County an easement interest in all or portions of an improved or vacant parcel located east of I-17 between Jomax Road and Dixileta Drive for a water line.
Acquisition is to be by purchase. MT Builders will be paying the consideration on behalf of the City of Phoenix. No funds will be expended by the City of Phoenix for this acquisition.
Further requesting approval that the Flood Control District of Maricopa County, its officers, employees, agents, and assigns be excepted from the requirements of Phoenix City Code Section 42-13 concerning indemnification and assumption of liability by the City of Phoenix.
This bears the recommendation of the Assistant Water Services Director and the Deputy Finance Director.
This item is also recommended by Mr. Cavazos.
DISTRICT 3
ORDINANCE S-36696 -
ACQUISITION OF ONE PARCEL FOR A DRAINAGE PROJECT - WEST SIDE OF 42ND PLACE - NORTH AND SOUTH OF BLOOMFIELD ROAD
Request to authorize the City Manager, or his designee, to acquire fee title or lesser interest in all or a portion of one improved or vacant parcel located along the west side of 42nd Place, north and south of Bloomfield Road for the Las Haciendas Drainage Project.
Acquisition is to be by donation or purchase within the City's appraised value.
Further authorizing the City Controller to disburse funds to purchase the property within the City's appraised value, plus usual and customary closing costs.
Financial Impact
Should purchases of parcel be necessary, funding for this project is available through the City of Phoenix Street Transportation Department's 2009-10 Capital Improvement Program budget using 2006 Storm Sewer Bond funds.
This bears the recommendation of the Street Transportation Director and the Deputy Finance Director.
This item is also recommended by Mr. Zuercher.
DISTRICT 6
ORDINANCE S-36697 -
DEDICATION OF A ROADWAY FOR PUBLIC USE ACROSS CITY-OWNED LAND - BETWEEN 56TH ST AND GALVIN PARKWAY ON
VAN BUREN
Request to authorize the dedication of a roadway for public use across City-owned land and further ordering the Ordinance recorded. This dedication is needed for the sole purpose of documenting the right-of-way for public purposes. The right-of-way is located along Van Buren Street between 56th Street and Galvin Parkway.
This bears the recommendation of the Street Transportation Director and the Deputy Finance Director with the concurrence of the Parks and Recreation Director.
This item is also recommended by Mr. Zuercher.
DISTRICTS 6 AND 8
ORDINANCE S-36698 -
CONVEYANCE OF EASEMENTS TO ADOT FOR THE RECONSTRUCTION OF
SR 143 - SKY HARBOR BOULEVARD TRAFFIC INTERCHANGE
Request to authorize the City Manager, or his designee, to convey to the Arizona Department of Transportation (ADOT) a new easement affecting approximately 3.23 acres of Aviation Department-owned land located generally at the northwest and southwest quadrants of State Route (SR)143 and Sky Harbor Boulevard, and an expansion of an existing ADOT flowage easement to include highway purposes, affecting approximately 2.08 acres of Aviation Department-owned land located generally at the northeast quadrant of SR 143 and Sky Harbor Boulevard.
The new easement and the expansion of the existing easement are necessary to provide the additional rights-of-way needed to accommodate the traffic interchange reconstruction project for an improved east-access connection to Phoenix Sky Harbor International Airport from SR 143, benefiting airport travelers and alleviating airport traffic congestion. This conveyance is also in return, in part, for ADOT's formal abandonment of approximately 98 acres of State Route 153 right-of-way to the City, approximately six acres of which will be utilized by the Aviation Department, without charge or cost, for the Sky Train project.
The conveyance is contingent upon approval by the Federal Aviation Administration and the Bureau of Land Management, as appropriate. The conveyance shall be at no charge or cost to ADOT.
Citizen Notification
No public meetings were held on this project.
This item is recommended by Mr. Krietor, the Aviation Director, and the Deputy Finance Director.
DISTRICT 7
ORDINANCE S-36699 -
GRANT OF SEWER EASEMENT TO CITY OF TOLLESON
Request to authorize the City Manager, or his designee, to grant a sewer easement to the City of Tolleson, for consideration in the amount of one dollar. The easement area contains approximately 25,729 square feet and is located at 91st Avenue and Southern on Assessor Parcel 101-37-002.
The City of Tolleson requires the easement for relocation of an existing sewer pipeline in order to accommodate the Tres Rios Project at this location.
This bears the recommendation of the Assistant Water Services Director and the Deputy Finance Director.
This item is also recommended by Mr. Cavazos.
OUT OF CITY
ORDINANCE S-36700 -
AMEND ORDINANCE S-34928 - ACQUISITION OF
23 TEMPORARY CONSTRUCTION EASEMENTS VAL VISTA WTP WATER LINE UPGRADES
Request to amend Ordinance S-34928 adopted April 9, 2008, authorizing the City Manager, or his designee, to acquire 23 temporary construction easements needed to upgrade the water line serving the City's Val Vista Water Treatment Plant, to include approval that the Arizona Board of Regents, a body corporate acting for and on behalf of Arizona State University, be excepted from the requirements of Phoenix City Code Section 42-13 concerning indemnification and assumption of liability by the City of Phoenix.
The remainder of the ordinance shall remain the same.
This bears the recommendation of the Assistant Water Services Director and the Deputy Finance Director.
This item is also recommended by Mr. Cavazos.
DISTRICT 8
ORDINANCE S-36701 -
AMEND HOME LOAN AGREEMENT AND LOAN DOCUMENTS FOR CORAL POINTE - EMERGENCY CLAUSE
Request authorization to amend Contract 125936, HOME Program Loan Agreement, with Coral Pointe Apartments, LLLP (Borrower), and associated loan documents, for the Coral Pointe Apartments new construction project to: 1) provide for simple interest rather than compound interest; 2) authorize the Borrower to enter into a Tax Credit Assistance Program (TCAP) loan agreement with the State of Arizona Department of Housing, infusing more construction financing and allowing the State to share equally with the City in the 50 percent of surplus cash that is now contractually available to make payments due the City; 3) change the maturity date of the City loan to June 30, 2049, to provide for annual payments on the loan to begin on June 30, 2017, and to provide for loan payments to be amortized over 40 years; 4) subordinate the HOME Program loan, if the Housing Department determines that it is necessary and appropriate, to one or more project lenders, including the State of Arizona and/or construction and/or permanent financing lender(s); and 5) to make technical corrections and clarifications to the contract and loan documents. Authorization is also requested for the City Manager, or his designee, to execute all necessary documents.
The Coral Pointe Apartments is 68-unit new construction multifamily apartment community located at 21st Street and Broadway Road, Target Area B. It is the first affordable housing project to receive both City HOME funds and State TCAP funds. In April 2009, the City Council awarded up to $1,178,000 in HOME Program funds to Coral Pointe and the State just awarded Coral Pointe $1,279,920 in TCAP funds. The TCAP Program allows affordable housing developers to apply for funding to help meet a financing gap as a result of reduced tax credit pricing. The City and State Housing Departments have been working to reach commonality on financing issues that affect joint affordable housing projects. By aligning City and State contractual documents to the best interests of both parties and the Borrower, the City is able to leverage additional public financing for complex affordable housing projects.
Housing Impact
Affordable rental housing is generally defined as housing provided to individuals or families between 40 percent and 60 percent of the annual Area Median Income ($23,100 to $34,680 for a family of three). The approval to amend Contract 125936, HOME Program Loan Agreement with Coral Pointe Apartments, LLLP will assist the Housing Department in maintaining its mission of providing affordable rental housing for low income families in Phoenix.
Affirmative Action
Coral Pointe Apartments, LLLP is eligible to do business with the City of Phoenix until September 3, 2010, by its compliance with the affirmative action requirements of the City Code, Chapter 18, Article IV or V. The firm is responsible for maintaining its eligibility during the life of the contract and failure to do so may result in termination of the contract.
Emergency Clause Justification
An emergency clause is needed so that the Borrower is able to close escrow on the State TCAP loan and the private construction loan by the end of November 2009. Borrower needs to begin construction of the Coral Pointe Apartments by December 31, 2009, as a requirement of the Low Income Housing Tax Credit Program. If a quorum sufficient to consider an emergency clause is not present at the November 18, 2009, City Council meeting, this item should be continued to the next formal City Council agenda.
This item is recommended by Mr. Naimark and the Housing Department.
CITYWIDE
ORDINANCE S-36702 -
AMEND ARTICLES OF INCORPORATION AND BYLAWS OF THE MUNICIPAL HOUSING CORPORATION
Request authorization to amend and restate the Articles of Incorporation and Bylaws of the City of Phoenix Municipal Housing Corporation (PMHC).
The PMHC Articles of Incorporation will be amended and restated to better reflect the status of the corporation as a tax-exempt instrumentality; to reflect the current principal place of business, statutory agent, and Board of Directors, to provide for directors to be appointed by the City Council; to describe the nonprofit character of the corporation; to indemnify directors, officers, employees, and agents; to clarify that assets will be used by the City to carry out the purposes stated; to add nondiscrimination and non-waiver of sovereign immunity provisions; and to eliminate the provision that the corporation cannot receive compensation in connection with the financing of any project, except payment of its expenses.
The PMHC Bylaws will be amended and restated to incorporate provisions consistent with the status of the corporation as a tax instrumentality, to provide for the City Council to appoint directors, fill vacancies, and remove directors, to provide more flexibility as to the date of the annual meeting, to require compliance with Open Meeting Laws, to prohibit use of proxies, to eliminate the provision for an Assistant Secretary and Treasurer, to update the provisions for committees, to prohibit payment of compensation to officers and directors, to incorporate the City ethics policy, to indemnify officers and directors, to revise provisions related to financial transactions, to address dissolution of the corporation, to require City of Phoenix approval of the corporation's programs and projects, to update the corporation's fiscal year, and to make other miscellaneous administrative changes.
PMHC was incorporated in November 1981 to help the City of Phoenix in the development of low-income rental housing. The organization has been instrumental in acquiring and financing properties in conjunction with the Housing Department. Any amendment of PMHC's Articles of Incorporation and Bylaws requires the affirmative vote of a majority of the Board of Directors and approval of the City Council. The Board of Directors approved these changes at its annual meeting on October 21, 2009.
This item is recommended by Mr. Naimark and the Housing Department.
CITYWIDE
ORDINANCE S-36703 -
AMEND CONTRACT 117267 WITH NEIGHBORHOOD HOUSING SERVICES OF PHOENIX, INC.
Request authorization for the City Manager, or his designee, to amend Contract 117267 with Neighborhood Housing Services of Phoenix, Inc. (NHS Phoenix) to extend the deadlines for NHS Phoenix to commit the funds allocated under the contract by an additional nine months, and extend the deadline for NHS Phoenix to disburse the allocated funds through June 30, 2010. Authorization is also requested for the City Manager, or his designee, to execute all necessary documents.
In 2005, the City Council awarded $100,000 in HOME Investment Partnerships Program (the HOME Program) funds to NHS Phoenix to provide up to $10,000 in down payment and closing cost assistance to low- and moderate-income families for the purchase of a home.
In 2007, the City Council approved an extension to the contract of two years and increased the HOME Program award to NHS Phoenix by $100,000, providing each eligible homebuyer a fixed amount of $10,000 for down payment and closing cost assistance and making the loans non-forgivable but deferred until the earlier of the sale or transfer of title to the home or the expiration of 45 years.
In 2008, the City Council increased the HOME Program award to NHS Phoenix by $100,000 increasing the number of families served from 20 to 30. In 2009, the allocation of HOME Program funds was increased by $100,248 bringing the number of families served from 30 to 40. Under this contract, NHS Phoenix was awarded a total of $400,248.
Extending the term of this contract will allow NHS Phoenix to use the remainder of the allocated funds to assist low- and moderate-income families with down payment and closing costs to purchase their first home.
Housing Impact
Affordable homeownership is generally defined as homeownership opportunities available to individuals or families between 50 percent and 80 percent of the adjusted family median income ($32,950 to $52,700 for a family of four). The approval to amend the NHS Phoenix down payment and closing cost assistance contract will assist the Housing Department in furthering its mission of providing affordable homeownership opportunities to low- and moderate-income families in Phoenix.
NHS Phoenix is eligible to do business with the City of Phoenix until April 15, 2010, by its compliance with the affirmative action requirements of the City Code, Chapter 18, Article IV or V. The firm is responsible for maintaining its eligibility during the life of the contract and failure to do so may result in termination of the contract.
This item is recommended by Mr. Naimark and the Housing Department.
CITYWIDE
ORDINANCE S-36704 -
AMEND CONTRACT 116834 TO REDUCE TANF FUNDING AND RECEIVE ADDITIONAL LIHEAP FUNDING
Request to authorize the City Manager to amend Contract 116834 to reduce Department of Economic Security TANF funding in the amount of $118,375, increase LIHEAP funding in the amount of $266,203, and to accept CSBG carry forward funding in the amount of $1,000.
The breakdown is as follows:
Fund Source
Funding
Temporary Assistance for Needy Families (TANF)
($118,375) Reduction
Low-Income Home Energy Assistance Program (LIHEAP)
$266,203 Increase
Community Service Block Grant (CSBG)
$1,000 Carry forward
Increase
$148,828
Authorization is also requested for the City Controller to accept and disburse the necessary funds and pay all claims against the City associated with this Intergovernmental Agreement.
Program Impact
The TANF funding reduction will impact approximately 160 low-income City of Phoenix households requesting rental assistance. The LIHEAP funding increase will provide utility assistance to an additional 587 low-income City of Phoenix households requesting utility assistance.
Financial Impact
No matching General Funds are required.
This item is recommended by Mr. Krietor and the Human Services Department.
CITYWIDE
ORDINANCE S-36705 -
EXTEND CONTRACT FOR TRANSCRIPTION SERVICES FROM JANUARY 1, 2010 - DECEMBER 31, 2010
Request authorization to exercise a one-year contract renewal option from January 1, 2010 through December 31, 2010, with AVTranz (A/V Tronics), Contract 122850, to provide transcription services. Authorization is also requested for the City Controller to disburse the necessary funds for this contract. The current contract expires December 31, 2009.
AVTranz (A/V Tronics) was selected for this work through a Request for Proposal process conducted in 2007. The firm meets all the required specifications of the contract.
This item is recommended by Ms. Seelhammer, Mr. Kula, Mr. Carreon-Ainsa, and the Municipal Court.
DISTRICT 2
ORDINANCE S-36706 -
ACCEPT UP TO $5,280,000 IN GROWING SMARTER STATE LAND ACQUISITION PROGRAM FUNDS
Request to authorize the City Manager, or his designee, to accept a grant award for up to $5,280,000 through the Growing Smarter State Trust Land Acquisition Program to assist in the acquisition of lands for the Sonoran Preserve. Further authorizing the City Controller to receive and disburse funds.
The Growing Smarter State Land Acquisition Program was established to conserve open spaces in or near urban areas and other areas experiencing high growth pressures. This program was created by the Arizona voter approved Proposition 303 Growing Smarter Act in 1998 and is administered by Arizona State Parks. Funding for land conservation is provided on a dollar-for-dollar basis to municipalities, counties, and non-profits.
The requested grant funds will be used in conjunction with available Phoenix Parks and Preserve Initiative funds to acquire the 294 acres known as Priority 2 C of the Sonoran Preserve. The State Land Department intends to conduct the auction of this portion of the Sonoran Preserve in December 2009.
Submittal of this grant application was approved by City Council on
April 29, 2009.
Financial Impact
Matching funds of up to $5,280,000 are available in the 2009/2010 Parks and Recreation Capital Improvement Program using Phoenix Parks and Preserve Initiative funds.
This item is recommended by Mr. Naimark and the Parks and Recreation Department.
DISTRICT 8
ORDINANCE S-36707 -
EXTEND CONTRACT TERM AND INCREASE CONTRACT DOLLAR AMOUNT TO
E. B. LANE MARKETING AGREEMENT 122524
Request to authorize the City Manager to amend Contract 122524 with E. B. Lane Marketing approved by City Council on October 3, 2007, to increase the contract dollar amount by $219,000 and extend the contract period for one year; further authorizing the City Controller to accept and disburse funds under the terms of the agreement.
The E.B. Lane Marketing agreement is to develop a strategic marketing program to promote the Phoenix Convention Center and Venues. The marketing program is designed to aggressively promote the Convention Center, Executive Conference Center, and theatrical venues to the local, national, and international corporate markets, meeting planners, trade shows, and social markets. Services provided under the agreement include strategic planning, graphic design and production, artwork, video production, electronic collateral, video production, ad placement, and public relations support.
The original contract term covered a two-year period with two one-year option periods. Staff is requesting authorization to exercise the first option to extend the contract for one additional year through November 1, 2010, and add funding in the amount of $219,000.
Financial Impact
Total funds for the one-year extension shall not exceed $219,000 and are available from the Greater Phoenix Convention and Visitor's Bureau Marketing Fund ($129,000) and the Convention Center Fund 0058 Operating budget ($90,000)
Affirmative Action
The subject firm is eligible to do business with the City of Phoenix until April 8, 2010, by its compliance with the affirmative action requirements of the City Code, Chapter 18, Article IV or V. The firm is responsible for maintaining its eligibility during the life of the contract and failure to do so may result in termination of the contract.
Concurrence
This item was approved by the Downtown, Aviation, and Economy (DAE) Subcommittee on November 4, 2009.
This item is also recommended by Mr. Krietor and the Phoenix Convention Center Department.
DISTRICT 8
ORDINANCE S-36708 -
EXTEND CONTRACT TERM AND INCREASE CONTRACT DOLLAR AMOUNT TO DEVAU HUMAN SERVICES
Request to authorize the City Manager to amend Contract 111815 with Devau Human Resources, Inc. for stagehand payroll administration services, approved by City Council on May 19, 2004, to increase the contract dollar amount by $160,000 and extend the contract period for one year; further authorizing the City Controller to accept and disburse funds under the terms of the Agreement.
Phoenix Convention Center Department (PCCD) is in the process of evaluating this service. PCCD currently has an agreement with Devau that expires on December 31, 2009. PCCD is requesting approval to increase the contract dollar amount by $160,000 and a one-year extension that will extend the contract term to December 31, 2010.
Financial Impact
Funds are available in the Convention Center Department's Operating fund.
Affirmative Action
The subject firm is eligible to do business with the City of Phoenix until February 18, 2010, by its compliance with the affirmative action requirements of the City Code, Chapter 18, Article IV or V. The firm is responsible for maintaining its eligibility during the life of the contract and failure to do so may result in termination of the contract.
Concurrence
This item was approved by the Downtown, Aviation, and Economy Subcommittee on November 4, 2009.
This item is also recommended by Mr. Krietor and the Phoenix Convention Center Department.
CITYWIDE
ORDINANCE S-36709 -
SALE OF DECEASED OFFICER THOMAS RABJOHN'S CITY ISSUED WEAPON TO SPOUSE NIKKI RABJOHN
Request approval to sell deceased Officer Thomas Rabjohn's weapon to his spouse Nikki Rabjohn.
The Glock 40 caliber, Model 22, Serial FBF056, will be sold to Nikki Rabjohn
for $1 in accordance with Memorandum of Understanding 2008-2010,
Section 5-6.
This item is recommended by Mr. Zuercher and the Police Department.
CITYWIDE
ORDINANCE S-36710 -
PAUL COVERDELL FORENSIC SCIENCE IMPROVEMENT - 2009
Request authorization for the City Manager to execute a contract between the Phoenix Police Department and the Arizona Criminal Justice Commission to accept $101,384 in grant funds. Authorization is also requested for the City Controller to receive and disburse funds.
Grant funds will be used for computers, software, and other equipment ($50,863), expendable supplies ($9,370.88), conference related travel ($4,800) and other training, and accreditation related expenses ($36,350.12). Over the past four years, the Laboratory Service Bureau has made improvements by utilizing grant funding as part of a comprehensive approach to enhancing the services provided to the criminal justice community.
No matching funds are required.
This item is recommended by Mr. Washington and the Police Department.
CITYWIDE
ORDINANCE S-36711 -
BUS STOP IMPROVEMENTS - REQUIREMENTS CONTRACT
Request to award a contract to Southwest Fabrication, LLC to provide bus stop improvements; authorizing the City Manager, or his designee, to enter into an agreement with Southwest Fabrication, LLC for bus stop improvements at a cost not to exceed $2,937,354; and authorizing the City Controller to disburse funds in accordance therewith. This is an American Recovery and Reinvestment Act (ARRA) funds project.
Five bids were received by the Public Transit Department on October 22, 2009, to perform bus stop improvements on an as-needed basis for the contract period beginning January 1, 2010 and ending December 31, 2011. The two responsive bids received are listed below:
Bidder
Total Bid Prices
Southwest Fabrication, LLC
Phoenix, Arizona
$2,937,354.00
A J Roberts Industrial, Inc.
Chandler, Arizona
$3,797,615.55
It is recommended by the Public Transit Director that the bid of Southwest Fabrication, LLC be accepted as the lowest bidder.
Bids were also received from CAID Technology, Tucson, Arizona, RK Sanders, Inc. Phoenix, Arizona, and CPC Construction Inc., Gilbert, Arizona , but were deemed non-responsive because they did not submit the required Disadvantaged Business Enterprise (DBE) information and forms with their bid submittals. A DBE participation goal of not less than 15.29 percent has been established for this contract. CAID Technology was also not in compliance with the City's affirmative action requirements.
The contractor shall remove current accessibly deficient bus stops and replace with new accessible bus stops which meet the American with Disabilities Act and Architectural Barriers Act Accessibility Guidelines. Work shall include concrete sidewalks, ramps, and transit pads. The contractor shall also manufacture and install new transit furniture at various City bus stop locations. Transit furniture consists of a shelter canopy, a six-foot bench with arms, and a 30-gallon trash receptacle. Provisions of the agreement include removal of existing furniture, which will be utilized on an as-needed basis.
Provisions of the agreement include an option to extend the contract up to three additional years, which will be exercised by staff if considered in the City's best interest to do so.
Financial Impact
Total estimated expenditures for this two year contract are $2,937,354. Funds are available in the Public Transit Capital Improvement Program (CIP) budget using American Recovery and Reinvestment Act funds.
Affirmative Action
The subject firm is eligible to do business with the City of Phoenix until January 24, 2010, by its compliance with the affirmative action requirements of the City Code, Chapter 18, Article IV or V. The firm is responsible for maintaining its eligibility during the life of the contract and failure to do so may result in termination of the contract.
This item is also recommended by Mr. Zuercher.
CITYWIDE
ORDINANCE S-36712 -
TRANSFER OF RETIREMENT FUNDS TO ARIZONA STATE RETIREMENT SYSTEM
Pursuant to Arizona Revised Statutes (A.R.S.) Section 38-730, retirement service credits for former members of the City of Phoenix Employees' Retirement System (COPERS) may be transferred to the Arizona State Retirement System (ASRS) upon approval by the Council.
A.R.S. Section 38-730 permits reciprocity of credited service between the two retirement systems. The COPERS Board has accepted transfers of credited service from ASRS for individuals currently employed by the City of Phoenix.
The COPERS Board approved at its October 28, 2009 meeting, the transfer of credited service and disbursement of amount from the retirement funds as follows:
Thomas LaVell
$ 51,973.57
Apolinar C. Magallanez
$501,077.63
This request is hereby made by the Retirement Program Administrator and the COPERS Board.
This item is also recommended by Mr. Naimark and the Retirement Office.
CITYWIDE
ORDINANCE S-36713 -
2010 RENTAL PAYMENT FOR LEASED PREMISES - VERDE WATER TREATMENT PLANT AND PIPELINE LOCATED ON SRPMIC LAND
Request authorization for the City Controller to disburse funds, for an amount not to exceed $380,000, to Salt River Pima-Maricopa Indian Community (SRPMIC) for the 2010 rental payment for the Leased Premises described in the Amended and Restated City of Phoenix Verde Water Treatment Plant Business Lease.
The SRPMIC and Phoenix entered into a written lease agreement (also referred as City Lease No. 9943) whereby Phoenix agreed to lease certain portions of the property (approximately 70 acres), and to obtain certain water line, power line, and road rights-of-way across the Reservation, for the purpose of operating the Verde Plant (Lease No. B-72 and SRPMIC No. 1-72-Ind-5772).
On March 17, 2004, City Council approved the Amended and Restated City of Phoenix Verde Water Treatment Plant Business Lease which set forth the rights and obligation of the Parties and will replace the prior lease documents. Said lease was submitted to the Community Council which still has the matter under review. Pending the Community Council's action on this lease, the City tenders the 2010 rental payment to the Community for the Leased Premises described in Exhibit B in Section 1.F. of the lease, with the expectation that this amount will be credited against the 2010 Lease rental amount, should the final mutual approved lease provide for a 2010 rental other than as provided in Section 5 (Rent). The rental payment, for an amount not to exceed $380,000, is based on the actual Consumer Price Index for nine months and three months of estimates. The rental payment will be increased in the subsequent lease year by the increase in the Consumer Price Index (All Urban Consumers) compiled and published by the United States Department of Labor, Bureau of Labor Statistics, in accordance with the provisions of the lease.
Financial Impact
The 2010 rental payment for Leased Premises of the Verde WTP and pipeline located on SRPMIC land is approximately $380,000. In the event that the actual rental payment bill exceeds the amount requested herein, a subsequent request will be submitted to Council to fund the difference. Funding is available from the Water Production Division Verde WTP Fiscal Year 2009-2010 Operating budget using Water Maintenance and Operation funds.
This item is recommended by Mr. Cavazos and the Water Services Department.
DISTRICT 7
RESOLUTION 20863 -
allocate UP TO $2,019,000 of Recovery Zone Facility Bonds to Dunn-edwards corporation - EMERGENCY CLAUSE
Request to allocate up to $2,019,000 of Recovery Zone Facility Bonds (RZFB) to Dunn-Edwards Corporation or its affiliate. The bonds will be issued through the Industrial Development Authority of the City of Phoenix. Dunn-Edwards will use the proceeds to purchase and reequip a commercial building in southwest Phoenix.
Dunn-Edwards entered into an agreement to purchase a 304,000-square-foot commercial building, located at 520 South 67th Avenue, Phoenix, Arizona, for $12 million. The property is located in City Council District 7. The company plans to invest an additional $28 million to convert the existing building into a state-of-the-art manufacturing plant. The financing structure will also include Maricopa County's $5,496,000 allocation of Recovery Zone Facility Bonds and $1 million of Industrial Development Revenue Bonds.
The new plant is projected to employ 126 with an average salary of $45,000. The plant will have an annual production capacity of 30 million gallons of paint.
Dunn-Edwards Corporation is a California-based conglomerate that manufactures and distributes paint products for painting contractors and consumer households. The corporation was formed in 1925. Dunn-Edwards Corporation is majority owned by its 1,400 employees. The firm has two manufacturing facilities in the Phoenix area. Dunn-Edwards Corporation operates 103 retail outlets in Arizona, California, Nevada, New Mexico, and Texas.
Dunn-Edwards will work with the Community and Economic Development Department (CEDD) to submit a formal employment plan and to comply with the affirmative action requirements of the City of Phoenix.
The City Council will be asked to consider a separate resolution approving the issuance of the bonds by the Authority, as required by Arizona law.
The bonds will not involve the credit or financial backing of the City of Phoenix. The City will not incur any additional costs as a result of the project.
Emergency Clause Justification
Time is of the essence in this transaction due to interest rate and bond closing considerations. The applicant requests that an emergency clause be included so as to enable the bond closing to occur immediately upon City Council approval.
This item is recommended by Mr. Krietor and the Community and Economic Development Department.
DISTRICT 8
RESOLUTION 20864 -
ISSUE IDA EDUCATION REVENUE BONDS - NOT TO EXCEED $12,000,000 - CAREER SUCCESS SCHOOLS -
EMERGENCY CLAUSE
Request to grant final approval for the issuance of The Industrial Development Authority's (IDA) Education Revenue Bonds for Career Success Schools, an Arizona nonprofit charter school, in an amount not to exceed $12,000,000. Issuance of the IDA Bonds will permit the applicant to purchase six parcels of vacant land commonly known as 2437, 2441, 2449, 2501, and 2625 East Washington Street, Phoenix, Arizona. The project property is located in City Council District 8. Career Success Schools will construct a charter school facility at the proposed site. The new school will offer public education for students in Grades 7 through 12. Also, $4,034,325 of the bond proceeds will be used to retire an outstanding issue of bonds.
Career Success Schools is a nonprofit charter school that offers a curriculum for Kindergarten through Grade12, with six schools at five separate locations. The schools are located within Metropolitan Phoenix. Career Success Schools incorporated in Arizona in March of 2000. Robert Duffy is the school's founder and current superintendent. Career Success Schools offers smaller class sizes and a diverse educational experience. Students are exposed to a curriculum that is designed to enable them to develop vocational skills. Ideally, the students will secure entry level employment upon graduation. Additionally, school counselors assist students to develop a Transition Plan to prepare them to move on to a four-year college or trade school. Approximately 1,200 students have graduated from Career Success Schools since 2000.
The Industrial Development Authority of the City of Phoenix adopted a resolution authorizing the issuance of the Educational Revenue Bonds on November 10, 2009.
Career Success Schools will be required to submit an employment plan, which details the composition of the school's existing employment base, while documenting targeted employment projections. The project will create an estimated ten full-time equivalent jobs over the next two years. Career Success Schools will also comply with the City of Phoenix's affirmative action requirements.
The Education Revenue Bonds will not involve the credit or financial backing of the City of Phoenix.
Emergency Clause Justification
Time is of the essence in this transaction due to interest rate and bond closing consideration. The applicant requests that an emergency clause be included to enable the bond closing to occur immediately upon City Council approval.
This item is recommended by Mr. Krietor and the Community and Economic Development Department.
DISTRICT 8
RESOLUTION 20865 -
AMEND RESOLUTION 20844 TO CORRECT LEGAL DESCRIPTION - ABANDONMENT V-080024A
Request to correct legal description.
On August 26, 2009, the City Council approved Abandonment V-080024A as Resolution 20844. The legal description of the public right-of-way attached to the resolution as Exhibit A did not describe all the area to be abandoned. This amendment corrects this deficiency.
This item is recommended by Mr. Cavazos and the Development Services Department.
DISTRICT 8
RESOLUTION 20866 -
AMEND RESOLUTION 20843 TO CORRECT LEGAL DESCRIPTION - ABANDONMENT V-070072A
Request to correct legal description.
On August 26, 2009, the City Council approved Abandonment V-070072A as Resolution 20843. The legal description of the public right-of-way attached to the resolution as Exhibit A contained an error in Part 9. This amendment corrects this deficiency.
This item is recommended by Mr. Cavazos and the Development Services Department.