ORDINANCES AND RESOLUTIONS
DISTRICT 8
ORDINANCE G-5432 -
AMEND CITY CODE -
NON-PUBLIC PARKING RATES AT SKY HARBOR AIRPORT
Request authorization to amend the City Code, Chapter 4, Article III, to establish non-public parking rates for Phoenix Sky Harbor International Airport (Sky Harbor).
The Aviation Department is recommending the institution of maximum administrative and monthly parking fees for non-public participants. Non-public participants are the employees of entities conducting business at Sky Harbor under contract or agreement with the Aviation Department. The proposed maximum fees would provide the Aviation Director with the flexibility to establish rates appropriate for different non-public parking groups and parking locations. The proposed parking rates and structure are as follows:
Established rate area and amount not to exceed:
Passenger Vehicles -
Employee-assigned areas
$60 per month
Passenger Vehicles -
Non-Phoenix Based South Air Cargo
$80 per month
Motorcycle - Only
$30 per month
Card or Permit Fee
$25
Card or Permit Replacement Fee
First calendar year event: $25
Second calendar year event: $50
Third calendar year event: $75
Subsequent events during calendar year: $100
The Aviation Department is recommending that the Aviation Director be given the authority to waive these parking fees for government agencies or persons or entities that provide services to the Aviation Department. In addition, if the Aviation Director determines that there is a business need for a participant to park in a terminal garage then that fee will not exceed $125 per month.
It is anticipated that the parking rate for Passenger Vehicles - Employee-assigned areas will be increased from the current rate of $30 per month to $40 per month on January 1, 2010.
This item was approved by the Phoenix Aviation Advisory Board Business and Development Subcommittee on September 3, 2009, and presented to the Phoenix Aviation Advisory Board on September 17, 2009, with no opposition.
This item is also recommended by Mr. Krietor and the Aviation Department.
DISTRICT 8
ORDINANCE G-5433 -
AMEND CITY CODE - FINANCIAL SECURITY REQUIREMENTS FOR COMMERCIAL AIRCRAFT
CARRIERS
Request to amend the City Code, Chapter 4, Article IX, Section 4-178, to allow more flexibility in the type of financial security required to be posted by commercial aircraft operators at Phoenix Sky Harbor International Airport. Also request to amend Phoenix City Code Section 4-178 title to be consistent with the section change.
Commercial aircraft operators provide financial security to protect the City in the event of financial default on the part of an airline. This amendment to the City Code will give the Aviation Department the flexibility to determine the appropriate form of financial security. The change will allow the Aviation Director to approve other forms of security, such as a Letter of Credit, cash, or a personal guarantee, as potential alternatives to the bond previously required by City Code. The change will also give the Aviation Director the discretion to determine whether financial security is necessary based upon an established payment history.
This item is recommended by Mr. Krietor and the Aviation Department.
CITYWIDE
ORDINANCE G-5434 -
AMEND CITY CODE -
RELATED TO BARBED, BRUSH, OR ELECTRICAL FENCING
Request to amend the City Code, Section 23-31, related to barbed, brush, or electrical fencing to add a provision allowing barbed wire fencing to contain cattle.
There are properties within the city of Phoenix that are currently being used for grazing livestock. Some of these properties have never been fenced and cattle guards have been installed in the roadway to prevent livestock from presenting a hazard to motorists. However, the cattle guards have not entirely prevented livestock from entering the roadway. These devices are also posing problems for some types of two-wheeled motorized and non-motorized vehicles.
In order for the Street Transportation Department to remove the cattle guards in the roadway, an effective barrier for livestock must be installed around the properties. City Code does not currently allow new barbed wire fencing to be installed within the city of Phoenix. This amendment would allow fencing to be installed for this purpose.
The proposed ordinance would add the following provision to Section 23-31:
E.
This Section shall not apply to barbed wire fence used to contain cattle that complies with the Arizona Department of Transportation standard for barbed wire fence provided that barbed wire fencing cannot be used on any parcel of land under 10 acres in size.
This item is recommended by Mr. Zuercher and the Street Transportation Department.
DISTRICT 2
ORDINANCE G-5435 -
AMEND ZONING CODE - REZONING
APPLICATION Z-42-09-2
Request to authorize the City Manager to amend the Phoenix Zoning Ordinance, Section 601, the Zoning Map of the City of Phoenix, by adopting Equivalency Rezoning Application Z-42-09-2 for the C-2 (Intermediate Commercial) zoning district located at the southwest corner of Scottsdale Road and Mayo Boulevard.
This item is recommended by Mr. Leonard and the Planning Department.
DISTRICT 5
ORDINANCE G-5436 -
AMEND ZONING CODE - MODIFICATION OF STIPULATIONS FOR REZONING
APPLICATION Z-50-08-5
Request to amend a portion of the stipulations applicable to Rezoning Application Z-50-08-5 previously approved by Ordinance G-5292 for the C-2 (Intermediate Commercial) zoning district located at the northeast corner of 23rd Avenue and Northern Avenue.
This item is recommended by Mr. Cavazos and the Planning Department.
DISTRICT 8
ORDINANCE G-5437 -
AMEND ZONING CODE - REZONING
APPLICATION Z-SP-10-09-8
Request to authorize the City Manager to amend the Phoenix Zoning Ordinance, Section 601, the Zoning Map of the City of Phoenix, by adopting Rezoning Application Z-SP-10-09-8 for the C-1 SP SPVTABDO HGT WVR (Neighborhood Retail Special Permit, South Phoenix Village and Target Area B Design Overlay with Height Waiver) and C-2 SP SPVTABDO HGT WVR (Intermediate Commercial Special Permit, South Phoenix Village and Target Area B Design Overlay with Height Waiver) zoning district to allow a private organization qualifying by law a nonprofit entity that may conduct activities open to the public for functions not involving members (The Salvation Army Ray and Joan Kroc Community Center) located at the southwest corner of 14th Street and Broadway Road.
This item is recommended by Mr. Leonard and the Planning Department.
DISTRICT 8
ORDINANCE G-5438 -
AMEND ZONING CODE - REZONING
APPLICATION Z-46-09-8
Request to authorize the City Manager to amend the Phoenix Zoning Ordinance, Section 601, the Zoning Map of the City of Phoenix, by adopting Rezoning Application Z-46-09-8 for the C-1 SPVTABDO HGT WVR (Neighborhood Retail, South Phoenix Village and Target Area B Design Overlay with Height Waiver) and C-2 SPVTABDO HGT WVR (Intermediate Commercial, South Phoenix Village and Target Area B Design Overlay with Height Waiver) zoning district located at the southwest corner of 14th Street and Broadway Road.
This item is recommended by Mr. Leonard and the Planning Department.
DISTRICT 8
ORDINANCE G-5439 -
AMEND ZONING CODE - REZONING
APPLICATION Z-47-09-8
Request to authorize the City Manager to amend the Phoenix Zoning Ordinance, Section 601, the Zoning Map of the City of Phoenix, by adopting Rezoning Application Z-47-09-8 for the P-1 SPVTABDO (Passenger Automobile Parking, Limited, South Phoenix Village and Target Area B Design Overlay) zoning district located approximately 200 feet south of the southeast corner of 14th Street and Broadway Road.
This item is recommended by Mr. Leonard and the Planning Department.
CITYWIDE
ORDINANCE S-36572 -
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:
$
40,000.00
q)
To Advance Door Incorporated, Tempe, to exercise an option to extend, originally approved on July 9, 2004, to continue to supply automatic sliding door parts under Agreement P-07578-06 awarded by IFB 04-213 for the Aviation Department.
101,033.00
r)
To Applied Biosystems, Foster City, CA, to exercise an option to extend, originally approved on September 14, 2005, to continue to supply biosystems reagents used in laboratory testing under Agreement P-07892-07 awarded by RFA 06-003 for the Police and Water Services Departments.
$
12,000.00
s)
To Arizona Glove and Safety, Tempe, to exercise an option to extend, originally approved on September 29, 2006, to continue to supply leather and vinyl gloves under Agreement MW07-00023 awarded by RFQ MW 07-0023 for the Aviation Department.
9,200.00
t)
To Cenveo to exercise an option to extend, originally approved on February 21, 2006, to continue to supply interoffice envelopes under Agreement MW06-00080 awarded by MW 06-0080 for Citywide departments.
76,492.00
u)
To Copper State Supply, Inc., Mesa, to exercise an option to extend, originally approved on April 18, 2007, to continue to provide disposable food service supplies under Agreement P-08385-08 awarded by IFB 07-204 for the Human Services Department.
3,400,000.00
v)
To Dell Marketing LP, Chicago, IL, to exercise an option to extend, originally approved on October 4, 2006, to continue to supply software licenses under Agreement P-08216-08 awarded by State of Arizona Cooperative Agreement AD050028A31A3 for Citywide departments.
165,200.00
w)
To Honeywell International, Inc. to exercise an option to extend, originally approved on January 10, 2007, to continue to supply identification cards under Agreement P-08323-07 awarded by IFB 07-121 for the Aviation Department.
200,000.00
x)
To International Code Council, Country Club Hills, IL, to exercise an option to extend, originally approved on May 16, 2007, to continue to supply International Code Council Materials under Agreement P‑08431‑09 awarded by RFA 07-069 for the Development Services Department.
69,105.00
y)
To John's Uniforms, Inc. to exercise an option to extend, originally approved on May 4, 2005, to continue to supply park ranger uniforms under Agreement P-07761-06 awarded by IFB 05-198 for the Parks and Recreation Department.
$
12,049.80
z)
To Jose Espinoza and Angelica Ramos 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.
80,000.00
aa)
To Markham and Decker Builders Hardware Company, Inc., and/or Assignee(s) to provide displacement relocation assistance as a part of the Automated Train Project for the Aviation Department by the Finance Department.
11,500.00
ab)
To Rainbow Printing, Uniontown, OH, to exercise an option to extend, originally approved on September 1, 2006, to continue to supply plastic library cards under Agreement MW07-00007 awarded by RFQ MW 07-0007 for the Library Department.
45,300.00
ac)
To Rose Brand Wipers, Inc., Secaucus, NJ, to supply stage drapery for Symphony Hall under Agreement P-08960-10 awarded by IFB 10-013 for the Phoenix Convention Center Department.
110,300.00
ad)
To Scottsdale Gun Club, Scottsdale, to exercise an option to extend, originally approved on November 15, 2006, to continue to supply Glock pistols and accessories on an as-needed basis under Agreement P-08260-09 awarded by IFB 07‑056 for the Police Department.
30,600.00
ae)
To Viking Identification Products, Hopkins, MN, to exercise an option to extend, originally approved on August 30, 2007, to continue to supply reflective decals under Agreement P-08527-09 awarded by IFB 08-006 for the Fire Department.
$
5,188,866.99
This item is recommended by Ms. Osuna and the Finance Department.
CITYWIDE
ORDINANCE S-36573 -
PAYMENT ORDINANCE
Request to authorize the expenditure of public money for payment of claims against the City of Phoenix.
$
3,174,652.00
a)
To Gannett Fleming for Change Order Number 6, Contract Number 123410, Project Numbers AV10000001 and AV10000010. Staff initiated the Change Order(s) for additional professional services required as part of the Phoenix Sky Harbor International Airport Automated Train Project Stage 1 Final Design and Stage1A 30 Percent Design Project for the Aviation Department, increasing the cost to $30,263,920. The amount of the original contract is $24,400,000 and the total project budget is $859,319,709 of which $510,563,924 is budgeted for construction. The project is 76 percent complete. The Budget and Research Department has confirmed the availability of budgeted CIP funds for the Change Order(s).
24,582.00
b)
To Hensel Phelps for Change Order Number 2, Contract Number 122481, Project Numbers AR66000029 and AR66000031. Staff initiated the Change Order(s) for additional professional services required as part of the Phoenix Sky Harbor International Airport Stage 1 PHX Sky Train Fixed Facilities Project for the Aviation Department, increasing the cost to $1,998,104. The amount of the original contract is $1,197,970 and the total project budget is $644,075,817 of which $342,172,646 is budgeted for construction. The project is 76 percent complete. The Budget and Research Department has confirmed the availability of budgeted CIP funds for the Change Order(s).
17,233.43
c)
To Project Engineering Consultants, Ltd., for Change Order Number 3, Contract Number 121494, Project Number WS90500209. Staff initiated the Change Order(s) for additional professional services required as part of the Sanitary Sewer Rehabilitation and Replacement Program Priority #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 $550,963. The amount of the original contract is $400,000 and the total project budget is $6,747,667 of which $5,926,243 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).
$
126,280.00
d)
To Rummel Construction, Inc., Scottsdale, for Change Order Number 1, Contract Number 125244, Project Number PW16810004. Staff initiated the Change Order(s) for additional construction required as part of the State Route 85 Landfill Stormwater Control System, Old Hwy 80 and Layton Wash Project for the Engineering and Architectural Services Department, increasing the cost to $2,894,336. The amount of the original contract is $2,768,056 and the total project budget is $31,317,279 of which $30,915,400 is budgeted for construction. The project is 99 percent complete. The Budget and Research Department has confirmed the availability of budgeted CIP funds for the Change Order(s).
$
3,342,747.43
This item is recommended by Ms. Osuna and the Finance Department.
DISTRICT 1
ORDINANCE S-36574 -
AMENDMENT FOR RETAIL CONCESSION LEASE 121678 AT PHOENIX DEER VALLEY AIRPORT TO EXTEND THE TERM
Request authorization to amend Retail Concession Lease 121678 with EZ Wireless, LLC at Phoenix Deer Valley Airport to extend the term. This amendment would extend the lease month-to-month until a new tenant is under contract as part of a Deer Valley retail concession Request for Proposals process. The current lease expires on November 30, 2009.
Affirmative Action
EZ Wireless, LLC is eligible to do business with the City through May 12, 2011, by its compliance with the affirmative action requirements of the City Code Chapter 18, Article V. EZ Wireless is responsible for maintaining eligibility during the life of the lease and failure to do so may result in termination of the lease.
This item is recommended by Mr. Krietor and the Aviation Department.
DISTRICT 8
ORDINANCE S-36575 -
AV11000055 - DESIGN SERVICES CHANGE ORDER TERMINAL 3 ELECTRICAL UPGRADES PROJECT
Request to authorize the City Manager to approve a change order for additional design services for the Terminal 3 Electrical Upgrades project in the amount of $96,664.70. Also request authorization for the City Controller to disburse the necessary funds required by this ordinance.
During the course of construction, the project encountered differing site conditions that resulted in design modifications of existing electrical facilities necessary for the successful completion of the project.
Financial Impact
This contract change order will increase Contract 123117 by $96,664.70, from $344,083.90 to $440,748.60. Funding is available from Airport Revenue Bonds.
Affirmative Action
Affiliated Engineers, Inc. is eligible to do business with the City of Phoenix until November 1, 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.
This item is recommended by Mr. Krietor and the Aviation Department.
CITYWIDE
ORDINANCE S-36576 -
SALT RIVER PIMA-MARICOPA INDIAN COMMUNITY TRIBAL GAMING GRANTS 2009
Request authorization for the City Manager to apply for, and if awarded, accept up to $1,930,000 in new funding from the Salt River Pima-Maricopa Indian Community in 2009.
The gaming compact entered into by the State of Arizona and various tribes calls for 12 percent of gaming revenue to be contributed to cities, towns, and counties for government services that benefit the general public including public safety, mitigation of impacts of gaming and promotion of commerce and economic development. The Salt River Pima-Maricopa will notify the City by resolution of the Tribal Council if it desires to convey to the City a portion of its annual 12 percent local revenue-sharing contribution.
Authorization is requested for the City Manager to apply for, and if awarded, accept funding for:
$250,000:
Phoenix Children's Hospital (year three of three-year distribution)
$200,000:
Translational Genomics Research Institute TGEN (to fund the next generation DNA sequencing, genetic mapping, proteomics, tissue microarrays, RNAi high throughout screening, high sensitivity flow Cytometry sorting, bioinformatics, and computational biology)
$200,000:
Salvation Army (to close the gap on the $500,000 that remains to be raised moving closer to the 75 percent threshold to break ground for the Kroc Center)
$198,500:
Native American Connections/Phoenix Indian Center (Capital Improvement Program)
$175,000:
Veterans Medical Leadership Council (benefits operation Iraqi Freedom/Operation Enduring Freedom Veterans apply for benefits and job placement)
$100,000:
Arizona Foundation for Eye Health (to pay for a program manager, hire an ATOP clinical technician and purchase equipment and supplies)
$100,000:
Leukemia & Lymphoma Society (To continue funding a combination of Chapter based patient services and outreach programs)
$100,000:
Center for the Future of Arizona (Beat the Odds Education program for low-income students)
$75,000:
Southwest Center for HIV/AIDS (to support the existing women's HIV education and prevention outreach programs with expansion into the senior population)
$75,000:
Ryan House (to purchase nursing station equipment, bathing system, lift bath trolley, medical cart, 8 beds, 8 mattresses, vital signs machine, etc.)
$75,000:
Phoenix Symphony (to fund the education and community programs)
$65,500:
Phoenix Zoo (to assist with financing the design of entryway exhibition and interpretive experience)
$65,000:
Arizona Science Center(Earth Beneath My Feet Program)
$50,000:
Heard Museum (free school admission program and virtual program)
$50,000:
American Red Cross (to support the family and children's relief fund)
$45,000:
Papago Park (to finalize regional plan and to identify, prioritize, and implement needed park improvement)
$40,000:
Child Crisis Center (to replace seven air conditioners and build a fence around the shelter)
$25,000:
Phoenix Women's Sports Association (to fund the scholarship program, general grants fund and to fund the annual Shenu Volleyball team)
$20,000:
Audubon Society-Arizona Chapter (environmental education)
$16,000:
City of Phoenix Family Advocacy Center (develop domestic violence brochures)
$5,000:
Tona Tierra (programmatic projects, administration, and operations)
Authorization is requested for the City Controller to disburse funds as directed by the Salt River Pima-Maricopa Indian Community in connection with these grants.
Financial Impact
There is no budgetary impact to the City of Phoenix and no general purpose funds are required. City departments that receive gaming grants are responsible for the management of those funds.
This item is recommended by Ms. Takata and the City Manager's Office.
CITYWIDE
ORDINANCE S-36577 -
4108JOC080 - CONTRACT AWARD - PROFESSIONAL TRAILS CONSTRUCTION, RENOVATION, AND REHABILITATION JOB ORDER CONTRACT
Northwest Woodland Services, Inc.
Okanogan Trails Construction
Volunteers for Outdoor Arizona
The JOC contractors will be utilized on an as-needed basis to provide professional trail construction, renovation, and rehabilitation services for
Parks and Recreation Department projects.
The contractors were chosen for this project using a qualifications-based selection process as authorized by Section §34-603 of the Arizona Revised Statutes. Based on this selection process, these firms were determined to be the most qualified to provide the required services for this project.
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
General, enterprise, capital improvement, bond, grant funds and/or various other funds may be used. Budget and Research will approve the availability of funds prior to using any job order.
Affirmative Action
The subject firms are eligible to do business with the City of Phoenix, by their compliance with the affirmative action requirements of the City Code, Chapter 18, Article IV. Each 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.
Northwest Woodland Services, Inc.
June 5, 2011
Okanogan Trails Construction
July 30, 2011
Volunteers for Outdoor Arizona.
July 24, 2011
M/W/SBE Report
During the term of this JOC, the contractor is expected to meet a contract and annual Minority/Women/Small Business Enterprise (MWSBE) utilization goal of 12 percent which will be reviewed on an 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.
This item is recommended by Mr. Naimark and the Engineering and Architectural Services Department/Government Relations.
CITYWIDE
ORDINANCE S-36578 -
4108JOC081 - CONTRACT AWARD - GENERAL CONSTRUCTION SERVICES
Request to authorize the City Manager, or his designee, to enter into separate agreements with the following five firms to provide General Construction over $250,000 (per project) Job Order Contracting (JOC) services and to execute contract options as necessary. Each JOC contract will be for a 36-month period and a contract amount of $30,000,000 with an option to renew based on the contractor's satisfactory performance; the City's need for additional services, and funding availability. The option to renew will be for an additional 24-month term or the balance of the maximum contract amount of $50,000,000 including all JOC amendments; and further authorize the City Controller to disburse funds for the purposes of this ordinance.
●
Brycon Construction
●
Caliente Construction, Inc.
●
Johnson Carlier, Inc.
●
Kiewit Western Company
●
The Weitz Company
The JOC contractors will be utilized on an as-needed basis to provide General Construction Services over $250,000 per project to client departments for various projects. The JOC contracts have limits that herein establish contracting capacity, rather than encumbrance of funds. The encumbrances of funds against these JOC contracts occur as contract services are identified and negotiated for a specific project.
The contractors were chosen for this project using a qualifications-based selection process as authorized by Section 34-603 of the Arizona Revised Statutes. Based on this selection process, these firms were determined to be the most qualified to provide the required services for this project.
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
General, enterprise, capital improvement, bond, grant funds, and/or various other funds may be used. Budget and Research will approve the availability of funds prior to using any job order.
Affirmative Action
The subject firms are eligible to do business with the City of Phoenix, by their compliance with the affirmative action requirements of the City Code, Chapter 18, Article IV. Each 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.
Brycon Construction
June 24, 2010
Caliente Construction, Inc.
March 1, 2010
Johnson Carlier, Inc.
September 2, 2010
Kiewit Western Company
September 14, 2010
The Weitz Company
April 12, 2010
M/W/SBE Report
During the term of this JOC, the contractor is expected to meet a combined Minority/Women/Small Business Enterprise (MWSBE) utilization goal of 14 percent which will be reviewed on an 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.
This item is recommended by Mr. Zuercher and the Engineering and Architectural Services Department.
DISTRICT 2
ORDINANCE S-36579 -
ACQUISITION OF 5 PARCELS FOR A DRAINAGE PROJECT - 16TH DRIVE; BELL ROAD TO DANBURY ROAD
Request to authorize the City Manager, or his designee, to acquire fee title or lesser interest in all or portions of five improved or vacant parcels located at 16th Drive between Bell Road and Danbury Road for the 16th Drive Local Drainage Project. Further request authorization to enter into short-term protective leases to minimize relocation costs and temporary occupancy agreements to allow occupants time to relocate, as may be necessary to and in furtherance of, this ordinance.
Acquisition is to be by donation, purchase within the appraised value, or by the power of eminent domain.
Further authorizing the City Controller to disburse funds to purchase the property within the City's appraised value, plus usual and customary closing costs, and to accept and disburse funds for the referenced leases and agreements.
Financial Impact
Should any costs be incurred in the acquisition of these parcels, funding is available in the Street Transportation Department CIP budget using 2006 GO Storm Drain Bonds.
Citizen Notification
No public meetings were held on this project.
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-36580 -
LICENSE AGREEMENT WITH LANDMARK LAND MANAGEMENT, LLC ET AL TO USE CITY PROPERTY FOR STORM WATER WASH REPAIR
Request to authorize the City Manager, or his designee, to enter into a license agreement with Landmark Land Management, LLC and The Foothills Community Association for storm water damage, wash repair, and flood control located west of Desert Foothills Parkway and north of Pecos Road.
The license will contain the following terms and conditions:
1.
License Term:
Eight weeks
2.
Purpose:
This license authorizes the licensee to remove up to 1,800 cubic yards of loose rock and approximately 15 boulders from City property.
3.
Cancellation:
Arizona Revised Statutes (A.R.S.) 38-511
License may be terminated by either party upon thirty days prior written notice to the other party.
4.
Compensation:
A fee will not be charged as the material being removed from the premises is construction debris.
5.
Construction/
Maintenance/
Repairs:
Landmark Land Management, LLC is responsible for all required permits, environmental regulations, and repairs to the site.
6.
Insurance and Indemnity:
License will contain insurance and indemnity provision acceptable to the City's Risk Management Division and the City Attorney.
7.
Other:
The License Agreement may contain such other terms and conditions deemed necessary or appropriate.
Affirmative Action
The Landmark Land Management, LLC is eligible to do business with the City of Phoenix until September 14, 2010, and The Foothills Community Association is eligible to do business with the City of Phoenix until September 17, 2011, by their compliance with the affirmative action requirements of the City Code, Chapter 18, Article IV or V. These firms are responsible for maintaining their eligibility during the life of the contract and failure to do so may result in termination of the contract.
This bears the recommendation of the Acting Water Services Director and the Deputy Finance Director.
This item is also recommended by Mr. Cavazos.
CITYWIDE
ORDINANCE S-36581 -
ASSIGN FIRE CAPTAIN TO FEDERAL INTERAGENCY THREAT ASSESSMENT AND COORDINATION GROUP
Request authorization for the City Manager to execute an agreement with the Department of Homeland Security to assign a fire captain to the Interagency Threat Assessment and Coordination Group (ITACG) for a period of one year, and to authorize the City Controller to accept and disburse the necessary funds.
The President and Congress directed establishment of the ITACG to improve the sharing of intelligence information with State, local, tribal, and the private sector. The ITACG established an ITACG Detail comprised of State, local, and tribal (SLT) homeland security and law enforcement officers and intelligence analysts detailed to work in the National Counter Terrorism Center (NCTC) in Washington, DC.
The Detail provides advice, counsel, and subject matter expertise to the Intelligence Community regarding the operations of SLT officials, including how such entities use terrorism-related information to fulfill their counterterrorism responsibilities as part of their core mission of protecting their communities.
A Phoenix fire captain has been nominated and accepted as a member of the ITACG Detail program. The assignment term is for one year.
The Department of Homeland Security pays for all expenses related to the assignment of the fire captain to the NCTC including a per diem allowance for lodging and transportation. The Department of Homeland Security will reimburse the City of Phoenix for salary and benefit costs in an amount of $127,482.
This item is recommended by Mr. Washington and the Fire Department.
CITYWIDE
ORDINANCE S-36582 -
ACCEPT 2008 ASSISTANCE TO FIREFIGHTERS GRANT FOR SAFETY AND HAZARDOUS MATERIALS RESPONSE TRAINING
Request authorization for the City Manager to execute an agreement with the United States Department of Homeland Security, Assistance to Firefighters Grant Program to accept funding to conduct firefighter safety and hazardous materials response training; and authorize the City Controller to accept and disburse the necessary funds.
In April 2008, the Fire Department submitted a request for grant funding under the Assistance to Firefighters Grant (AFG) program administered by the United States Fire Administration. The Public Safety and Veterans Subcommittee granted permission for the application at their meeting of March 18, 2008.
The Fire Department has been notified that it has been awarded $417,840 to conduct safety officer and hazardous materials training.
The AFG program requires a 20 percent local grant match. This $104,460 match will be achieved with the provision of program management services by a Fire Captain and the provision of training materials and supplies.
The grant funds will be used to pay personnel costs associated with attendance by Fire Department members while off-duty, personnel costs for backfill when firefighters attend the training while on-duty, and training course instructors.
A total of 75 Phoenix Fire Department members will receive this training and approximately 25 fire department members from the region will also be permitted to attend.
This item is recommended by Mr. Washington and the Fire Department.
CITYWIDE
ORDINANCE S-36583 -
INTERGOVERNMENTAL AGREEMENT WITH THE ARIZONA BOARD OF REGENTS - UNIVERSITY OF ARIZONA
Request to authorize the City Manager to enter into an agreement and an amendment with the Arizona Board of Regents, University of Arizona, to participate in a study of cardiovascular risk factors for firefighters, and authorize the City Controller to accept and disburse the necessary funds.
The University of Arizona has asked the Phoenix Fire Department to participate in a study of cardiovascular risk factors to firefighters. The study is funded by the Department of Homeland Security.
Cardiovascular disease is the leading killer of firefighters. This study will utilize data collected during regular physical examinations, the collection of data and biological samples from firefighters, and the monitoring of firefighters engaged in training exercises. Participation by firefighters will be voluntary and the privacy of firefighters will be assured.
The original agreement was executed on March 10, 2009.
These tests will be performed at no cost to the City. The University of Arizona will reimburse the Fire Department a total of $17,000 for administrative effort.
This item is recommended by Mr. Washington and the Fire Department.
DISTRICT 8
ORDINANCE S-36584 -
ALLOCATION OF ADDITIONAL FUNDS FOR UMOM FAMILY HOUSING APARTMENTS -
EMERGENCY CLAUSE
Request authorization for the City Manager to amend Ordinance S‑36066 by allocating up to an additional $700,000 in HOME Investment Partnerships Program (HOME Program) funds to UMOM Family Housing, LLLP (UMOM FH). The additional allocation together with the original allocation of $1,177,000 (an aggregate of up to $1,877,000) will be utilized for the development of the UMOM Family Housing Apartments, a mixed-income, 80‑unit, multifamily apartment complex. The property to be developed, presently owned by UMOM New Day Centers, Inc. (UMOM), is located at 3320 East Van Buren Street. Authorization is also requested to authorize the City Manager to execute all necessary documents and for the City Controller to disburse the HOME Program funds.
On April 29, 2009 the City Council approved the allocation of up to $1,177,000 in HOME funds towards the development of the UMOM Family Housing Apartments. Total development cost of the project is estimated to be $12,529,000. Due to the drop in the value of tax credits and property values, the developer, a partnership between The NRP Group and UMOM New Day Centers, Inc. is requesting additional funds to meet the resultant gap in financing for the project. Funding for the project, besides the City HOME Program funds, will include approximately $8,098,000 in low income housing tax credit equity, $1,320,000 from a private loan and $1,234,000 from the State of Arizona.
Housing Impact
Affordable Housing is generally defined as housing provided to individuals or families between 40 percent and 60 percent of adjusted family median income ($25,700 - $38,520 for a family of four). The approval of funding for the UMOM Family Housing Apartments will further the Housing Department's goal of increasing affordable housing opportunities within the city of Phoenix.
UMOM Family Housing, LLLP is eligible to do business with City of Phoenix until April 7, 2011, 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 in order to meet the October 8 closing date. If a quorum sufficient to consider an emergency clause is not present on
October 7, 2009, this item should be continued to the next City Council formal agenda.
This item is recommended by Mr. Naimark and the Housing Department.
CITYWIDE
ORDINANCE S-36585 -
AMEND CONTRACT 116423 WITH NEIGHBORHOOD HOUSING SERVICES OF PHOENIX, INC.
Request authorization for the City Manager, or his designee, to amend City Contract 116423 with Neighborhood Housing Services of Phoenix, Inc. (NHS Phoenix) to extend the term of the contract through December 31, 2009, and waive the shared equity requirement of the down payment and closing cost assistance loans funded pursuant to the contract for four pending sales transactions as described below. Authorization is also requested for the City Manager, or his designee, to execute all necessary documents.
In 2005, the City Council awarded $250,000 in HOME Investment Partnerships Program (the HOME Program) funds to NHS Phoenix to provide up to $25,000 in down payment and closing costs assistance in the form of forgivable soft-second mortgage loans to ten low- and moderate-income families for the purchase of newly constructed or homes undergoing rehabilitation.
In 2007, the City Council increased the HOME Program award to NHS Phoenix by $55,000, providing each eligible homebuyer up to $40,000 in 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, the homebuyer's failure to reside in the home as their primary residence, or the expiration of 45 years and subject to a shared equity requirement.
As of this date, NHS Phoenix has closed four transactions and has entered into sales contracts on four homes in Phoenix that must close escrow quickly so that each family can participate in the $8,000 federal tax credit program for first-time homebuyers which is due to expire on November 30, 2009. The four houses are located at 612 West Latona Road, 502 West Latona Road, 8224 South 5th Lane, and 3301 West Willetta Street. The contracts entered into by NHS Phoenix do not contain the shared equity component as approved by the City Council on December 5, 2007. Staff is recommending that the four sales contracts executed by NHS Phoenix and their eligible homebuyers be honored by the City as written so families will not be displaced and lose their opportunity for first-time homeownership.
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 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-36586 -
CONTRACT WITH KELLY SERVICES FOR AN INFORMATION TECHNOLOGY DATABASE CONSULTANT
Request authorization to contract with Kelly Services, Inc. for an amount not to exceed $102,240, to provide database technology consultant services for the Court's new technology projects; active case imaging; and the case management system (CMS) replacement project. The Court is planning for a six‑month consulting contract. Authorization is also requested for the City Controller to disburse the necessary Court Technology Enhancement funds for this contract.
The Court requested a Senior Information Technology Systems Specialist position in the August 2009 Annual Information Technology Plan. The plan was approved, and the position number for this position was obtained last summer.
With the uncertainty of the current budget situation, contracting with a consultant appears to be a more flexible financial option as opposed to hiring a full time employee.
Three vendors were reviewed from the Information Technology Qualified Vendor List (QVL), and Kelly Services was selected as the most optimal choice for the Court at this time.
Financial Impact
Funds are available in Court Technology Enhancement Fund (CTEF). There will be no impact to the General Fund.
Affirmative Action
Kelly Services Inc. is eligible to do business with the City of Phoenix by its compliance with the affirmative action requirements of the City Code, Chapter 18, Article IV or V. Kelly Services, Inc. affirmative action certification expires on April 20, 2010.
This item is recommended by the Chief Presiding Judge and Ms. Seelhammer.
This item is also recommended by Mr. Cavazos.
DISTRICT 1
ORDINANCE S-36587 -
AMEND ARTIST FABRICATION CONTRACT FOR THE HAPPY VALLEY PARK AND RIDE PUBLIC ART PROJECT
Request to authorize the City Manager, or his designee, to enter into a contract with artist Mary Lucking (AZ) for an amount not to exceed $40,000 for the fabrication, construction oversight, and installation of seat wall railings and decorative shade screens as requested by the Public Transit Department for the new Happy Valley Park-and-Ride; and further authorizing the City Controller to disburse the necessary funds. The amendment would increase the total contract amount to $140,000.
The Fiscal Year 2009-2014 Public Art Project Plans includes a project to commission Mary Lucking to work with the Public Transit Department and project design team to create shade enhancements as part of a new City park-and-ride off I-17 at Happy Valley Road in north Phoenix. The facility is part of a citywide system of park-and-rides placed near freeways to meet the growing demand for commuter services in high-growth corridors. The new parking facility will include a security station, parking for at least 500 vehicles, landscaping, shade structures, and direct southbound access to I-17. The artist has worked with the project design team to design vertical shade screens that combine nine decorative panels with attached seating, and landscape enhancements for the Happy Valley Park-and-Ride. Construction of the Park-and-Ride is scheduled to begin in fall 2009.
On June 17, 2009, the City Council authorized a $100,000 contract with Mary Lucking to fabricate and oversee construction and installation of the shade structures with attached seating for the park-and-ride. The design team subsequently requested that Ms. Lucking add seat wall railings and decorative shade screens to her contract's scope of work. This addition will greatly enhance the site for transit users. To complete this work, $40,000 needs to be added to the original $100,000 fabrication contract.
Program Context
The Happy Valley Park-and-Ride Public Art Project is one of 80 projects in the Fiscal Year 2009-2014 Public Art Project Plan approved by City Council. The Public Art Project Plan totals $32,733,430. Of that amount, $212,000 is budgeted for this project this fiscal year.
Financial Impact
This project is budgeted in the Fiscal Year 2009-2014 Public Art Project Plan, using Transit Capital Program percent for art funds. The proposed addition of
$40,000 would increase the artist's fabrication contract to $140,000. This would cover all costs related to the fabrication of the vertical shade screens, seating and seat-wall railings and decorative shade screens. The remaining $72,000 will go toward paying the cost to build the concrete foundations for the shade structures and seat walls, lighting the artwork, and administering the project.
Affirmative Action
The subject firm is eligible to do business with the City until April 21, 2011, by its compliance with the affirmative action requirements of the City Code, Chapter 18, Articles IV and 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.
The Phoenix Arts and Culture Commission reviewed this item on August 19, 2009, and recommended approval. The Public Transit Director concurs with the Commission's recommendation. The Seniors, Families, and Youth Subcommittee reviewed this item on September 15, 2009, and recommended approval.
This item is also recommended by Ms. Osuna and the Office of Arts and Culture.
DISTRICT 2
ORDINANCE S-36588 -
ARTIST CONTRACT FOR NORTH TRANSFER STATION PUBLIC ART PROJECT
Request to authorize the City Manager, or his designee, to enter into a contract with artist Paho Mann (TX) for an amount not to exceed $45,000 to create an educational touch-screen kiosk and on-line web site for students and visitors to interact with more than 5,000 images that Mann made of recyclable and non-recyclable products and materials during Phase One of the North Transfer Station Public Art Project; and further authorizing the City Controller to disburse the necessary funds.
In 2007, the City commissioned Paho Mann and two other photographic artists to create a permanent display of artworks that expand educational programming about recycling at the North Transfer Station. The Transfer Station features an interior gallery for viewing the station's recycling process and conducting educational programming. During the project's first phase, Mann photographed more 5,000 recyclable and non-recyclable products and materials that the Transfer Station processed from Phoenix households.
To produce his final portfolio of 20 images, the artist created a visual database that enabled him to organize his pictures into grids of photographs of recycled materials. Subsequent discussions with Public Works staff determined that the artist's work held enormous potential for an interactive educational project based on art. Mr. Mann proposed using the database to develop a touch-screen kiosk at the North Transfer Station gallery and an on-line web project, enabling students and visitors to visually sort Mann's 5,000 images, and learn more about the Phoenix Recycles program. The proposed $45,000 contract would cover all costs related to the artist's development of the educational touch-screen kiosk and on-line web site.
Program Context
The North Transfer Station Public Art Project is one of 80 projects in the Fiscal Year 2009-14 Public Art Project Plan approved by City Council. The Public Art Project Plan totals $32,733,430. Of that amount, $190,000 is budgeted for this project.
Financial Impact
This project is budgeted in the Fiscal Year 2009-2014 Public Art Project Plan, using percent-for-art funds from the Public Works Capital Program. The proposed $45,000 contract would cover all costs related to the artist's development of the educational touch-screen kiosk and on-line web site. The remaining $145,000 would be used to fund additional public art projects to enhance educational programming for visitors to the North Transfer Station, and pay for the cost of administering the projects.
Affirmative Action
The subject firm is eligible to do business with the City until September 22, 2011, by its compliance with the affirmative action requirements of the City Code, Chapter 18, Articles IV and 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.
The Phoenix Arts and Culture Commission reviewed and recommended approval of this item on August 19, 2009. The Public Works Director concurs with the Commission's recommendation. The Seniors, Families and Youth Subcommittee reviewed this item on September 15, 2009, and recommended approval.
This item is also recommended by Ms. Osuna and the Office of Arts and Culture.
DISTRICT 5
ORDINANCE S-36589 -
MAINTENANCE AGREEMENT WITH GRAND CANYON UNIVERSITY
Request to authorize the City Manager, or his designee, to enter into a maintenance agreement with Grand Canyon Education, Inc., a Delaware corporation doing business as Grand Canyon University, for the maintenance of a landscaped concrete trail to be constructed along the 31st Avenue alignment between Missouri Avenue and Camelback Road (hereinafter "Little Canyon Trail"); and further authorizing the City Controller to disburse the necessary funds.
The Little Canyon Trail, a City of Phoenix Public Art Project, will include enhancements to the historic canal trail along the 31st Avenue alignment north of Camelback Road, including seating areas, landscaping, and a new paved trail, which will close a gap in the City's bicycle trail system.
Under this agreement, Grand Canyon University, located just west of the trail, will provide maintenance for the trail's landscape and irrigation system.
Financial Impact
The trail maintenance by Grand Canyon University will augment the estimated $2,498 that the City will dedicate annually to maintaining this project. Funding for the City maintenance will come from the Office of Arts and Culture, and the Parks and Recreation and Street Transportation Departments.
This item is recommended by Mr. Naimark, Ms. Osuna, Mr. Zuercher, and the Office of Arts and Culture.
DISTRICT 8
ORDINANCE S-36590 -
ARTIST CONTRACT FOR SOUTH MOUNTAIN STABLES PUBLIC ART PROJECT
Request to authorize the City Manager, or his designee, to enter into a contract with artist Kevin Berry (AZ) for an amount not to exceed $190,000 to fabricate and oversee the installation of artist-designed gates, fences, seating, and landscape enhancements at the entrance and public waiting areas of the South Mountain Ponderosa Stables, at 10215 South Central Avenue; and further authorizing the City Controller to disburse the necessary funds.
The Fiscal Year 2009-2014 Public Art Project Plan includes a project through which Kevin Berry is working with City departments to design, fabricate, and install new fencing, seating areas, and landscaping at the South Mountain Ponderosa Stables. Mr. Berry designed the proposed enhancements to suit the western theme of the stables. The art features will include a 40-foot sculptural vehicular gate at the entrance to the stables, a smaller pedestrian gate, and a 300-foot ocotillo fence, which will serve as a barrier between the Ponderosa Stables and adjacent Central Avenue, which leads into South Mountain Park. The project will also include landscaping, such as desert plants and trees, a redesigned waiting area, and a grazing area for horses.
Program Context
The South Mountain Stables Public Art Project is one of 80 projects in the Fiscal Year 2009-2014 Public Art Project Plan approved by City Council. The Public Art Project Plan totals $32,733,430. Of that amount, $400,000 is budgeted for this project.
Financial Impact
This project is budgeted in the Fiscal Year 2009-2014 Public Art Project Plan, using Water Capital Program percent for art funds. The proposed $190,000 contract would cover all costs related to the artist's development and installation of the gate, fence and seating enhancements at the stables. The remaining $210,000 would be used to pay for the cost of constructing the site grading, concrete foundations, irrigation and landscaping, and administering the project.
Affirmative Action
The subject firm is eligible to do business with the City until March 3, 2010, by its compliance with the affirmative action requirements of the City Code, Chapter 18, Articles IV and 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.
The Phoenix Arts and Culture Commission reviewed and recommended approval of this item on August 19, 2009. The Parks and Recreation Department Director concurs with the Commission's recommendation. The Seniors, Families, and Youth Subcommittee reviewed this item on September 15, 2009, and recommended approval.
This item is also recommended by Ms. Osuna and the Office of Arts and Culture.
CITYWIDE
ORDINANCE S-36591 -
ARTIST CONTRACT FOR THE WATER WORKS PHOTOGRAPHY PUBLIC ART PROJECT
Request to authorize the City Manager, or his designee, to enter into a contract with artist D. Bryon Darby (AZ) for an amount not to exceed $35,000 for the production and fabrication of images for the Water Works Photography Public Art Project; and further authorizing the City Controller to disburse the necessary funds.
The Fiscal Year 2008-2009 Public Art Project Plan includes a project to commission a photographic artist to create a series of photographs depicting the story of water in Phoenix and how it is delivered to City residents. Up to 20 of the images would be framed and displayed as part of the City's portable works collection, and could also be incorporated into a catalog or other form of publication to highlight water conservation and water-related business in Phoenix.
Mr. Darby was recommended by an artist selection panel from among a pool of 39 Arizona photographers who had responded to a statewide call for qualifications.
Program Context
Water Works Photography is one of is one of 80 projects in the Fiscal Year 2009-2014 Public Art Project Plan approved by City Council. The Public Art Project Plan totals $32,733,430. Of that amount, $64,500 is budgeted for this project.
Financial Impact
This project is budgeted in the Fiscal Year 2009-2014 Public Art Project Plan, using percent-for-art funds from the Water Capital Program. The proposed $35,000 contract would cover all costs related to the artist's costs to work with the City to identify and research sites for the photography and produce the portfolio of images. The remaining $29,500 would cover the cost to frame, exhibit and produce a publication about the works.
Affirmative Action
The subject firm is eligible to do business with the City until September 22, 2011, by its compliance with the affirmative action requirements of the City Code, Chapter 18, Articles IV and 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.
The Phoenix Arts and Culture Commission reviewed this item on June 17, 2009, and recommended approval. The Water Services Director concurs with the Commission's recommendation. The Seniors, Families, and Youth Subcommittee reviewed this item on September 15, 2009 and recommended approval.
This item is also recommended by Ms. Osuna and the Office of Arts and Culture.
CITYWIDE
ORDINANCE S-36592 -
INTERGOVERNMENTAL AGREEMENT WITH ARIZONA DEPARTMENT OF EDUCATION FOR ARTSPACE PROGRAM
Request to authorize the City Manager, or his designee, to enter into an Intergovernmental Agreement with the Arizona Department of Education (ADE) in the amount of $247,530 for a second year of after school arts programming through the ArtSpace Program at 21st Century Community Learning Center school sites throughout Phoenix; and further authorizing the City Controller to accept and disburse funds under the terms of the agreement.
This is the second year of a five-year initiative administered by the Phoenix Office of Arts and Culture and funded by the ADE. The contract amount of $247,530 will support twenty-five weeks of after school arts programming at twenty-six 21st Century Community Learning Center (21CCLC) sites. ArtSpace Program partners include the ASU Herberger Institute of Design and the Arts and the Arizona State Library.
The Phoenix Office of Arts and Culture will continue to administer the overall program and develop a registry of innovative after school arts learning programs and other arts resources. 21CCLC schools will apply to the Office of Arts and Culture for the opportunity to host a 25-week program. The Phoenix Office of Arts and Culture will select, pay, and train the artists and arts organizations that serve as program providers. Arizona State University (ASU) graduate students, under the guidance of ASU professors, will serve as teaching artists to design and deliver services at six of the program sites.
The initial year of the ArtSpace Program (Fiscal Year 2008-2009) was supported by a grant of $536,000 from the ADE. ArtSpace reached over 1,000 students at 39 schools in 11 different school districts, including five charter schools. Artspace also provided 10 summer programs and two inter-sessions. Teachers reported that of their students who were involved in ArtSpace, 80 percent increased their academic performance, 70 percent completed homework to their satisfaction, 69 percent participated more in class and 68 percent came to school more motivated to learn. The ArtSpace Program employed over 50 artists in discipline areas such as music, visual arts, design, architecture, dance, theatre, film/video, photography, creative writing, landscape architecture, and sustainability.
Due to the ADE's fiscal restraints, the ArtSpace Program will be scaled back in Fiscal Year 2009-2010. An emphasis will be placed on evaluating the program's impact on the individual student learner, and the program partners will work to develop strategies for sustaining ArtSpace in the future.
Financial Impact
All ArtSpace Program activities for Fiscal Year 2009-2010 will be funded by a grant from the Arizona Department of Education. This is the seventh consecutive year that the City of Phoenix has received ADE funding for after school arts program initiatives coordinated by the Office of Arts and Culture. Existing staff positions in the Office of Arts and Culture (Director of Arts Education, Accountant and Arts, and Culture Administrator) will oversee administration of the program at no additional cost to the City. Two contractual consultants also provide project oversight.
This item is recommended by Ms. Osuna and the Office of Arts and Culture.
DISTRICT 5
ORDINANCE S-36593 -
MARYVALE PARK IMPROVEMENTS
Request to authorize the City Manager, or his designee, to pay the Cartwright Elementary School District $118,033.26 for the City's portion of shared construction of a driveway at Maryvale Park. The Intergovernmental Agreement dated June 25, 2003, defines the Parks and Recreation Department's responsibilities for funding this shared driveway construction. The Cartwright Elementary School District has performed the construction per the IGA guidelines and the Parks and Recreation Department agrees to reimburse the District for our portion of the construction. Further authorizing the City Controller to disburse the funds.
Financial Impact
Funds are available in the Parks and Recreation Department Capital Improvement Program using 2006 Bonds.
This item is recommended by Mr. Naimark and the Parks and Recreation Department.
DISTRICT 8
ORDINANCE S-36594 -
ENTER INTO AN OPERATING AGREEMENT WITH THE ARIZONA SCIENCE CENTER
EMERGENCY CLAUSE
Request authorization for the City Manager to enter into a new Operating Agreement (the "Agreement") with the Arizona Science Center ("Science Center") and the City Controller to disburse the necessary funds.
On August 13, 1996, the City and the Science Center entered into the existing operating agreement, to allow the Science Center to operate the building located at 600 East Washington to provide a science center to the public. In 1996, the City and the Phoenix Museum of History also entered into an operating agreement to allow the Phoenix Museum of History to operate the building located at 105 North 5th Street to provide a history museum to the public. Long-term operational financial difficulties prompted the Phoenix Museum of History to close its doors to the public and the Science Center was selected as the new operator through a competitive process, subject to the approval of the City. The new operating agreement will replace the existing operating agreements for the premises of both the Arizona Science Center and the Phoenix Museum of History. Contemporaneously with the execution of the new operating agreement, the Science Center will purchase the assets of the Phoenix Museum of History.
New Operating Agreement
The proposed operating agreement will require the Science Center to occupy both buildings for the purpose of furnishing to the City and the public both a history museum and science center. The Arizona Science Center is required to provide at least 5,400 square feet in the combined premises for the presentation, exhibit, and hosting of artifacts and exhibits related to cultural and historical development of the City of Phoenix and the surrounding region. The term of the new operating agreement extends through fall of 2056, consistent with the term in the Arizona Science Center's existing operating agreement.
The City owns both of the premises and continues to be responsible for the maintenance and repair of the buildings, equipment, and other improvements on the premises, such as, air conditioning, heating, plumbing, electrical distribution systems, elevators, concrete foundation floors, exterior walls, roofs, building structure systems, and fire alarm systems.
Consistent with the existing operating agreement for the Science Center and the Cultural Facility Utility Support Policy approved by City Council on July 3, 2002, the City has agreed to continue to reimburse the Arizona Science Center for 50 percent of the Arizona Science Center's annual costs for electricity, gas, water, and sewer. The Arizona Science Center shall be responsible for the remaining 50 percent of the utility costs for the existing premises. The Science Center has agreed to pay the annual costs for electricity, gas, water, and sewer for the premises that were previously occupied by the Phoenix Museum of History without a right of reimbursement.
Financial Impact
In Fiscal Year 2009-2010, $185,000 has been budgeted in the Parks and Recreation Department Operating budget for utilities reimbursement costs associated with the Arizona Science Center. In Fiscal Year 2009-2010, a maximum of $474,000 has been budgeted in the Phoenix Convention Center Department operating budget for operations and maintenance costs associated with the Arizona Science Center and the History Museum buildings.
Emergency Clause Justification
The emergency clause is requested so that the agreement becomes effective immediately and, subject to the terms of the new operating agreement, the Arizona Science Center assumes the operating costs of the space previously operated by the Phoenix Museum of History.
The Parks and Recreation Board recommended City Council approval of this item at the September 24, 2009 Board meeting.
The Parks and Recreation Director, the Phoenix Convention Center Director, and the Arts and Culture Administrator also recommend City Council approval of this item.
This item is also recommended by Mr. Krietor and Ms. Osuna.
CITYWIDE
ORDINANCE S-36595 -
HUMAN TRAFFICKING GRANT PROGRAM - SUPPLEMENTAL FUNDING
Request authorization for the City Manager to execute a contract between the Phoenix Police Department and the U.S. Department of Justice, Office of Justice Programs, and Bureau of Justice Assistance, to accept supplemental funds in an amount not to exceed $50,000 for the Greater Phoenix Human Trafficking Task Force Program. Authorization is also requested for the City Controller to receive and disburse funds. The funding period runs through September 30, 2010.
Grant funding will be used to support the continued development of the Greater Phoenix Human Trafficking Task Force Program designed to assist local law enforcement to identify, interdict, and investigate human trafficking in the Phoenix metropolitan area.
Grant funds will be used to support partnerships already established in this area with other local and federal law enforcement agencies, Arizona League to End Regional Trafficking, and the U.S. Attorney's Office, Arizona District.
Funds will be used for overtime utilized on cases that have a cotangential human trafficking nexus. Supervisory overtime will be utilized when direct supervision of an investigative field team is required.
Grant funding will also be used for investigative travel for law enforcement agency members who have a signed Memorandum of Understanding with the Greater Phoenix Human Trafficking Task Force. As per the grant conditions, funding has also been set aside to cover projected travel, lodging and per diem for four Task Force members to attend the May 2010 National Human Trafficking Task Conference.
Match is in-kind and is in the amount of $16,667. Impact will be statewide.
This item is recommended by Mr. Washington and the Police Department.
CITYWIDE
ORDINANCE S-36596 -
2009 NEIGHBORHOOD BLOCK WATCH GRANT PROGRAM AWARDS
Request authorization for the City Manager to execute contracts between the Phoenix Police Department and two additional Neighborhood Block Watch Grant applicants who were approved for funding; $1,000 to the Lindo Park II Home Owners Association and partial funding of $893 to the Moonlight Shadows Block Watch. Authorization is also requested for the City Controller to disburse funds in the amount of $1,893.
The Neighborhood Block Watch Grant Program (NBWGP) was created through passage of Proposition 301 on October 5, 1993. The City Council created the NBWGP Oversight Committee to solicit, evaluate, and recommend to City Council appropriate proposals to expend funds.
The NBWGP Oversight Committee and the Public Safety and Veterans Subcommittee voted to recommend approval.
This item is also recommended by Mr. Washington and the Police Department.
CITYWIDE
ORDINANCE S-36597 -
COURT APPOINTED ATTORNEY CONTRACTS -
FISCAL YEAR 2009-2010
Request to authorize the Public Defender Contract Administrator to enter into contracts with the attorneys listed below to provide legal representation to indigent defendants in Phoenix Municipal Court for Fiscal Year 2009-2010 starting July 1, 2009 and ending on June 30, 2010. The Public Defender Review Committee has approved these attorneys.
This also authorizes the City Controller to disburse funds pursuant to the contracts for the 2009-2010 Fiscal Year in the amount of $3,221,632 from the Department's budget.
Affirmative Action
The subject firms are eligible to do business with the City of Phoenix by their compliance with the affirmative action requirements of the City Code, Section 18, Article V. The firms are responsible for maintaining eligibility during the life of the contract.
Financial Impact
This requests the approval of contracts, which will have a financial impact of $3,221,632.
Name
Amount
EO Compliance
Jesus Acosta
$38,004
07/16/11
Caroline Aeed
$52,008
06/02/10
Bruce Alldredge
$26,004
09/11/11
Shab Amiri
$26,004
07/24/10
Amy E. Bain
$26,004
09/11/11
Dan Ballecer
$26,004
03/28/11
Felisa M. Bermudez
$52,008
11/02/08
Percival R. Bradley
$26,004
06/10/11
Tamara Brooks-Primera
$26,004
09/15/11
Jay F. Brown
$26,004
07/24/10
Michael A. Burkhart
$52,008
09/15/11
Randall Callender
$45,600
09/11/11
Kathleen N. Carey
$52,008
09/14/11
Barbara Cerepanya
$45,600
03/23/10
Reginald Cooke
$26,004
09/11/10
Christopher P. Corso
$26,004
09/11/11
Sam Costanzo
$52,008
09/17/11
Kenneth S. Countryman
$26,004
06/02/10
L. James Davis
$26,004
07/16/11
Kamille R. Dean
$26,004
04/30/11
Daniela De La Torre
$26,004
06/14/11
Michael J. Dew
$57,960
02/23/11
Basil G. Diamos
$26,004
07/16/11
Otilia M. Diaz
$50,004
12/04/10
Kerrie Droban
$40,020
07/24/10
Tara A. Egita
$52,008
02/04/10
Nicole Farnum
$57,960
09/10/10
Rachelle S. Ferraro
$26,004
07/24/10
Marcus A. Finefrock
$52,008
07/10/11
David R. Fuller
$52,008
04/21/10
Tara L. Fuller
$52,008
04/21/10
W. Clifford Girard
$26,004
07/26/10
Ursula H. Gordwin
$26,004
07/25/10
Yvette C. Gray
$26,004
07/24/10
Nora Greer
$57,960
10/23/10
Melody Harmon
$26,004
07/16/11
Laurie A. Herman
$57,600
08/17/10
Conrad Hernandez
$26,004
07/16/11
James P. Hernandez
$34,000
02/22/10
Wilbur N. Hudson, III
$26,004
09/12/10
Anca D. Iacob
$26,004
07/16/11
Justine Jimmie
$26,004
07/24/11
Candace H. Kent
$45,600
04/22/11
David J. Kephart
$26,004
07/24/10
Michael E. Kranitz
$45,600
01/23/10
Sheri M. Lauritano
$26,004
09/11/11
Slade Lawson
$52,008
05/26/10
Matthew Leathers
$26,004
07/16/11
James Leonard
$56,376
09/10/10
Edward Maldonado
$26,004
07/16/11
Charles M. McNulty
$52,008
09/11/11
Charles Meshel
$26,004
06/14/10
Tyrone Mitchell
$26,004
11/26/09
Alicia Montoya-Sanchez
$26,004
09/11/11
Taras Naum
$52,008
10/10/10
Mark A. Nermyr
$26,004
12/30/09
Todd E. Nolan
$26,004
08/10/11
Mark A. Paige
$26,004
07/24/10
Thomas Parascandola
$52,008
10/25/09
Gregory T. Parzych
$52,008
09/27/10
Lisa Posada
$26,004
07/16/11
Stephanie Preciado
$56,376
09/11/11
Jelena Radovanov
$52,008
07/25/10
Leila R. Reynolds
$52,008
05/03/10
Michael M. Ricard
$26,004
05/20/11
Edward M. Robinson
$52,008
07/17/10
Michael S. Ryan
$52,008
04/22/11
Ana Maribet Sanchez
$50,004
07/24/10
Ray P. Schumacher
$26,004
12/22/10
Douglas Schwab
$26,004
07/24/10
Matthew Schwartzstein
$26,004
09/11/11
Javier Sedillo
$38,004
09/17/11
Natalee Segal
$52,008
03/28/11
Eric Sellers
$26,004
07/16/11
Chad Shell
$26,004
09/11/11
Scott Silva
$52,008
06/23/11
Manuel S. Silvas
$45,600
09/11/11
Eileen Sullivan
$52,008
06/14/10
John P. Tatz
$26,004
07/24/10
James T. Van Bergen
$52,008
09/11/10
Treasure Van Dreumel
$33,000
09/11/10
Jeffrey L. Victor
$52,008
09/15/10
Robert Webb
$26,004
07/16/11
Jennifer Willmott
$26,004
09/11/11
Alan H. Zimmerman
$52,008
04/28/11
This item is recommended by Mr. Naimark and the Public Defender's Office.
CITYWIDE
ORDINANCE S-36598 -
ENTER INTO CONTRACT CHANGE ORDER FOR FIRST TRANSIT
Request to authorize the City Manager, or his designee, to enter into a contract change order on Agreement 122510 with First Transit, Inc., Cincinnati, Ohio, for the provision of fixed route bus services by authorizing First Transit to continue to fund, on an annual basis, performance of specialized functions through 2011 in support of transit services operated from the City's West Transit Facility; and authorizing the City Controller to disburse funds in an amount not to exceed $245,421.
The contract was originally approved by City Council on October 10, 2007, with First Transit, Inc. to provide fixed-route bus service operating from the Public Transit Department's West Division facility. The current contract is from December 1, 2007 to June 30, 2011, with the option to extend up to two additional years in one-year increments.
On October 1, 2008, City Council approved a change order to add these specialized functions for 2008-09. The functions are: 1) monitor bus operations utilizing the City's Vehicle Management System from the Operations Control Center (OCC) at the West facility; and 2) perform repairs to various systems installed on the buses. This proposed change order for 2009-2010 gross cost is estimated at $245,421, one-twelfth of which will be billed to the City on a monthly basis. For 2010-2011 gross cost is estimated to be $256,210.
Financial Impact
The cost of this change order to the First Transit contract for the current fiscal year is estimated to be $245,421 with a total contract amount for 2009-2010 of $23,445,452. For 2010-2011 gross cost is estimated to be $256,210.
Funds are available in the Public Transit Department Operating budget.
Affirmative Action
The subject firm is eligible to do business with the City until June 10, 2010, by their compliance with the affirmative action requirements of the City Code, Chapter 18, Article IV or V. The firm is responsible for maintaining their 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. Zuercher and the Public Transit Department.
CITYWIDE
ORDINANCE S-36599 -
ARRA U.S. DEPARTMENT OF ENERGY LOCAL ENERGY ASSURANCE PLANNING GRANT APPLICATION
Request to authorize the City Manager to apply for a grant from the American Recovery and Reinvestment Act (AARA) - U.S. Department of Energy Local Energy Assurance Planning (LEAP) Initiative.
The initiative will focus on building regional energy assurance capability to allow the City to better coordinate and communicate internally and statewide regarding energy security, reliability, and emergency response issues. The main objectives of this grant initiative are to:
1.
Strengthen and expand City of Phoenix energy assurance planning and resiliency;
2.
Reduce the impacts from energy supply disruptions; and
3.
Create jobs and save jobs both in City employment and contractors in energy assurance planning at the City level.
If awarded, this grant will assist in the development of the City of Phoenix Energy Assurance Assessment Plan. This plan will assist in mitigating the impact experienced during an emergency when the electrical grid fails or there is a power shortage in the distribution of energy. The plan will empower the City to provide for its own needs until the grid or network can return to normal service. This will include an evaluation of the current status of the City's emergency generators, fuel supply and availability of trained personnel. Funds are to be used for developing a plan and evaluation and are not intended to be used to purchase property.
This is a Competitive Grant not expected to exceed $300,000.
This further authorizes the City Controller to accept and disburse the funds for these projects if awarded.
Financial Impact
If the grant is approved by the U.S. Department of Energy, no matching funds are required.
Arizona Department of Environmental Quality (ADEQ), a governmental entity is exempt from the affirmative action requirements of the City Code, Chapter 18, Article IV or V.
This item is recommended by Mr. Naimark and the Public Works Department.
OUT OF CITY
ORDINANCE S-36600 -
LA PAZ COUNTY PAYMENTS OF IN LIEU TAXES TAX YEAR 2009
Request to authorize the expenditure of public monies by the payment of an amount not to exceed $275,000 to the La Paz County Treasurer in lieu of taxes otherwise levied on the City's remote municipal property located in La Paz County for the 2009 tax year; and further authorizing the City Controller to disburse the necessary funds.
In December 1986, the City purchased irrigated farmland in La Paz County, which is intended to be utilized as a water resource to augment the City's future water supply. The Water Services Department requests authorization to make a payment of an amount not to exceed $275,000 to the La Paz County Treasurer by November 1, 2009.
Financial Impact
This request is to pay an amount not to exceed $275,000 for in lieu of taxes for the 2009 tax year. Tax payments are to be made by November 1, 2009. Funding for the payment of the in lieu of taxes is included in the Water Fund appropriation for Fiscal Year 2009-2010 using Water Maintenance and Operation funds.
This item is recommended by Mr. Cavazos and the Water Services Department.