ORDINANCES AND RESOLUTIONS
CITYWIDE
ORDINANCE G-5429 -
AMEND CITY CODE -
ADJUST THE 2009-2010 AIRLINE RATES AND CHARGES PROGRAM
Request to amend Sections 4-173B and 4-179B of the Phoenix City Code to adjust the 2009-2010 Rates and Charges Program for air carriers and air transportation related companies at Phoenix Sky Harbor International Airport effective November 1, 2009.
The Aviation Department, in agreement with the airlines serving Phoenix Sky Harbor International Airport, propose a mid-year adjustment to the 2009-2010 Rates and Charges Program for landing fee and terminal and cargo facility rental rates. This change is due to a shift of some security costs from the airfield to the terminals, and to reflect partial year cost savings related to the implementation of a technology improvement at security checkpoints. The proposed change will decrease the landing fee and increase the terminal rates. However, overall billings to the airlines will slightly decrease.
The proposed adjusted landing fee and the terminal and cargo facility rates are as follows:
July 1, 2009
Rates
November 1, 2009
Rates
Increase
(Decrease)
A.
Section 4-173B
Terminals:
Terminal 2
(per square foot)
$69.00
$69.60
$0.60
Terminal 3
(per square foot)
75.96
76.56
0.60
Terminal 4
(per square foot)
84.48
85.20
0.72
West Air Cargo
(per square foot)
12.24
12.24
0.00
West Air Cargo
Ground
Service
Equipment
(per square foot)
1.80
1.80
0.00
South Air Cargo
(per square foot)
14.88
14.88
0.00
B.
Section 4-179B
Landing:
Landing
(per 1,000 pounds)
$ 1.60
$ 1.55
(0.05)
This item is recommended by Mr. Krietor and the Aviation Department.
DISTRICT 1
ORDINANCE G-5430 -
AMEND ZONING CODE - REMOVE AND REPLACE ZONING DISTRICT FOR 8TH AVENUE AND PARK VIEW LANE ANNEXATION 441
Request to authorize the City Manager to amend the Phoenix Zoning Ordinance, Section 601, the Zoning Map of the City of Phoenix, by removing the Maricopa County Rural-43 zoning district and replacing it with the City's S-1 (Ranch or Farm Residence) zoning district on property encompassed by Hatfield Road alignment on the north, Alameda Road alignment on the south, 8th Avenue alignment on the east, and 9th Avenue alignment on the west which was annexed into the City of Phoenix on September 9, 2009, by Ordinance S-36502 (8th Avenue and Park View Lane Annexation No. 441).
This item is recommended by Mr. Cavazos and the Planning Department.
DISTRICT 8
ORDINANCE G-5431 -
AMEND ZONING CODE -
CORRECT ZONING MAP FOR PROPERTIES ALONG 45TH PLACE BETWEEN OSBORN ROAD AND ALLEY SOUTH OF WELDON AVENUE
Request to authorize the City Manager to amend Section 601, the Zoning Map of the City of Phoenix, by adopting corrections to reflect correct R1-10 zoning for properties located along the west side of 45th Place between Osborn Road and the alley south of Weldon Avenue as shown on Official Supplementary Zoning Map 33 adopted on August 27, 1957, by Ordinance G-219.
This item is recommended by Mr. Cavazos and the Planning Department.
CITYWIDE
ORDINANCE S-36546 -
PAYMENT ORDINANCE
Request to authorize the expenditure of public money for payment of claims against the City of Phoenix.
$
38,000.00
af)
To A-1 Leasing, Inc. to exercise an option to extend, originally approved on August 17, 2007, to continue to provide van rental services under Agreement MW08-00017 awarded by RFQ 08-017 for the Parks and Recreation Department.
$
1,727,180.00
ag)
To Ace Parking Management, Inc., San Diego, CA, to exercise an option to extend, originally approved on December 19, 2007, to continue to provide ground transportation, taxicab, and limousine dispatch services at Phoenix Sky Harbor International Airport under Agreement P-8612-09 awarded by RFP 08-004 for the Aviation Department.
201,000.00
ah)
To Advanced Resource Group, Mesa, AZ, to exercise an option to extend, originally approved on November 12, 2008, to continue to provide temporary paging operators under Agreement P‑8794-09 awarded by IFB 09-008 for the Aviation Department.
277,358.00
ai)
To Allied Waste of North America, Inc. to exercise an option to extend, originally approved on December 11, 2002, to continue to provide solid waste and recyclable materials collection services under Agreement P-7217-09 awarded by IFB 02-345 for the Public Works Department.
59,100.00
aj)
To Arizona Wings-N-Stings, LLC, Glendale, to exercise an option to extend, originally approved on October 3, 2007, to continue to provide pigeon control services under Agreement P-8539-09 awarded by IFB 08-001 for various City departments.
70,224.00
ak)
To Biopro, LLC, Gilbert, to exercise an option to extend, originally approved on November 2, 2005, to continue to provide pick-up and decontamination of medical equipment services under Agreement P‑7913-07 awarded by IFB 06-017 for the Fire Department.
22,500.00
al)
To City Wide Pest Control, Inc. to provide mosquito abatement services under Agreement MW10-00008 awarded by RFQ 10-008 for the Street Transportation Department.
33,825.00
am)
To Coyote Tire Retreading, Inc. to exercise an option to extend, originally approved on January 16, 2008, to continue to provide truck tire retreading services under Agreement P-8630-09 awarded by IFB 08-060 for the Public Works Department.
$
67,000.00
an)
To CrimeTech, LLC to exercise an option to extend, originally approved on October 4, 2006, to continue to provide biohazard clean-up services under Agreement P-8207-08 awarded by IFB 07-012 for Citywide departments.
15,536.00
ao)
To Custom X-Ray Imaging Services to exercise an option to extend, originally approved on May 11, 2007, to continue to provide maintenance services and supplies for radiological equipment at the Fire Health Center under Agreement MW07-00076 awarded by RFQ MW 07-0076 for the Fire Department.
65,000.00
ap)
To DataPros to exercise an option to extend, originally approved on January 10, 2003, to continue to provide off-site magnetic media storage services under Agreement S020207-01 awarded by State of Arizona Contract AD020207-001 for various City departments.
160,000.00
aq)
To Design 10 Custom Screenprinting, Inc. to exercise an option to extend, originally approved on May 18, 2005, to continue to supply uniforms under Agreement P-7916-07 awarded by IFB 05-129 for the Fire Department.
60,000.00
ar)
To Electric Vehicle Company to exercise an option to extend, originally approved on November 1, 2006, to continue to provide electric vehicle repairs and services on an as-needed basis under Agreement P‑8233-07 awarded by IFB 07-017 for the Water Services Department.
37,000.00
as)
To Freightliner, Sterling, Western Star of Arizona, Tolleson, to exercise an option to extend, originally approved on August 11, 2008, to continue to provide vehicle insulation foam removal and replacement services under Agreement MW09-00010 awarded by RFQ 09-010 for the Public Works Department.
90,000.00
at)
To H&B Electric, Inc. to exercise an option to extend, originally approved on September 21, 2005, to continue to provide electrical services under Agreement P-7900-07 awarded by IFB 05-291 for the Aviation and Public Transit Departments.
$
400,000.00
au)
To Hach Company, Loveland, CO, to exercise an option to extend, originally approved on December 13, 2006, to continue to provide laboratory equipment and supplies under Agreement P-8285-08 awarded by RFA 07-036 for the Water Services Department.
70,000.00
av)
To JG Staffing, Inc., Surprise, to exercise an option to extend, originally approved on October 1, 2008, to continue to provide temporary custodial services under Agreement P-8778-09 awarded by IFB 09-023 for the Aviation Department.
246,000.00
aw)
To Krisdan Company, Inc., Tempe, to exercise an option to extend, originally approved on October 12, 2005, to continue to provide sidewalk ramp retrofit services under Agreement P-7904-07 awarded by IFB 06-004 for the Street Transportation Department.
36,000.00
ax)
To Lynndale Stainless Steel Services, Inc. to provide stainless steel polishing services under Agreement MW10-00003 awarded by RFQ 10-003 for the Library Department.
1,922,180.00
ay)
To Maricopa County Animal Care and Control to exercise an option to extend, originally approved on May 30, 2007, under Agreement 121478 to continue to provide animal control enforcement services for the Public Works Department.
319,000.00
az)
To Metering Services, Inc., Tempe, to exercise an option to extend, originally approved on July 2, 2008, to continue to provide automatic meter reading conversion services under Agreement P-8738-09 awarded by RFP 08-024 for the Water Services Department.
550,000.00
ba)
To Mueller Service Company, Plant City, FL, to exercise an option to extend, originally approved on May 14, 2008, to continue to provide fire hydrant refinishing and maintenance services under Agreement P-8695-09 awarded by IFB 08-096 for the Water Services Department.
$
10,000.00
bb)
To My Hosted Training, LLC, Simi Valley, CA, to exercise an option to extend, originally approved on November 30, 2008, to continue to provide web based training services under Agreement MW09-00033 awarded by RFQ 09-033 for the Aviation Department.
20,000.00
bc)
To Pacific Interpreters, Inc., Portland, OR, to exercise an option to extend, originally approved on November 30, 2008, to continue to provide interpreter services under Agreement MW09-00029 awarded by RFQ 09-029 for the Aviation Department.
36,225.00
bd)
To Rapid Recovery, Glendale, to exercise an option to extend, originally approved on July 2, 2007, to continue to provide removal of halogenated hydrocarbons in accordance with Environmental Protection Agency regulations for appliances scheduled for disposal on an as-needed basis under Agreement P-8525-08 awarded by IFB 07-221 for the Public Works Department.
200,000.00
be)
To Reddy Ice to exercise an option to extend, originally approved on April 5, 2006, to continue to supply ice under Agreement P-A8018-09 awarded by IFB 06-113 for Citywide departments.
114,613.00
bf)
To Somerset Landscape Maintenance, Inc., Chandler, to exercise an option to extend, originally approved on February 20, 2008, to continue to provide landscape maintenance services under Agreement P-8658-09 awarded by IFB 08-026 for the Aviation Department.
170,600.00
bg)
To The Sherwin-Williams Company, Manchester, GA, to exercise an option to extend, originally approved on February 13, 2008, to continue to supply airport marking paint under Agreement P‑8654-09 awarded by IFB 08-027 for the Aviation Department.
$
485,500.00
bh)
To the following vendors to exercise an option to extend, originally approved on October 10,2007, to continue to supply EMS medications awarded by IFB 08-016 for the Fire Department:
$243,000.00 Bound Tree Medical, LLC,
Dublin, OH
$242,500.00 Henry Schein, Inc., Matrx Medical,
West Jordan, UT
20,000.00
bi)
To TSCM Corporation, Huntington Beach, CA, to exercise an option to extend, originally approved on August 14, 2008, to continue to provide restroom cleaning services under Agreement MW09-00009 awarded by RFQ 09-009 for the Aviation Department.
33,333.00
bj)
To Vortex Doors, Tempe, to exercise an option to extend, originally approved on August 30, 2006, to continue to provide maintenance and repair services for overhead doors under Agreement P-8183-08 awarded by IFB 06-243 for the Aviation Department.
30,000.00
bk)
To Wildcat Fire Services, Inc., dba National Fire Control, Apache Junction, to provide fire extinguisher inspection services under Agreement MW10-00012 awarded by RFQ 10-012 for the Aviation Department.
$
8,613,868.73
This item is recommended by Ms. Osuna and the Finance Department.
CITYWIDE
ORDINANCE S-36547 -
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, September 16, 2009.
$
98,500.00
a)
To Advanced Systems Group to authorize additional expenditures to EPS070050C, originally approved on May 16, 2007, to continue to provide Sun Microsystems products for various City departments.
$
820,000.00
b)
To Image Technologies to provide an automated call distribution system and on-going maintenance services under RFP 09-009 from July 1, 2009 through June 30, 2010, for the Water Services Department.
750,000.00
c)
To McCarthy-Kiewit to provide Construction Manager at Risk design phase services for the PHX Sky Train Stage 1A Facilities (Project AV10000001) for the Aviation Department.
2,090,000.00
d)
To Qwest Communications to authorize additional expenditures for RFA 07-21B, originally approved on October 4, 2006, to continue to provide network equipment and services for various City departments.
198,072.00
e)
To Salt River Project to execute Amendment 2 to Request for Council Action 62274, originally approved on June 10, 2009, for additional costs of construction and engineering services for the Tres Rios Habitat Restoration project (WS90140006) for the Water Services Department.
100,000.00
f)
To Stantec Consulting, Inc. to execute Amendment 2 to Contract 123609, originally approved on May 7, 2008, to provide additional various professional engineering and consulting services on an as‑needed basis for various City departments.
426,930.00
g)
To Structural Grace, Inc. to execute Amendment 1 to Contract 123244, originally approved on March 5, 2008, to provide additional design plans for the 19th Avenue and Greenway Pedestrian and Bikeway Bridge project (ST87600050) for the Street Transportation Department.
$
2,500,000.00
h)
To the following vendors to execute amendments to Contracts 122727, 122732, 122733, 122736, 122742, respectively, originally approved on December 5, 2007, to provide additional on-call soils and materials testing services for various City departments.
$500,000.00 Fugro Consultants, LP
$500,000.00 Hogue & Associates, Inc.
$500,000.00 Klienfelder West, Inc.
$500,000.00 Ninyo & Moore
$500,000.00 Western Technologies, Inc.$
6,983,502.00
This item is recommended by Ms. Osuna and the Finance Department.
CITYWIDE
ORDINANCE S-36548 -
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, September 9, 2009.
$
30,000.00
a)
To Arizona Public Service to provide construction of electrical facilities associated with the renovations to the City Clerk Customer Services Center (Project ST85140023) for the Street Transportation Department.
11,055.87
b)
To Arizona Public Service to provide construction of electrical facilities associated with Reflections Apartments (Project AH20100023) for the Housing Department.
649,500.00
c)
To ForeSite Design & Construction, Inc. to provide Construction Manager at Risk construction phase services for renovation of the historic downtown post office (Project CD30000005) for the Community and Economic Development Department.
$
88,000.00
d)
To Geo. S. Thomson Co. to amend IFB 06-044A, originally approved on November 2, 2005, to include additional expenditures for solenoid valves, kits, and coils for the Water Services Department.
1,505,000.00
e)
To Scheidt & Bachmann USA, Inc. to exercise an option to extend Contract 118187, originally approved on December 1, 2005, to continue to provide maintenance services for the Parking Revenue Control System through November 30, 2010, for the Aviation Department.
100,000.00
f)
To Southwestern Scale Company to provide scale maintenance and repair services under IFB 09-207 from September 1, 2009 through August 31, 2011, for the Public Works and Water Services Departments.
900,000.00
g)
To the following vendors to provide technology support services to the Aviation Department:
22nd Century Technologies
Productive Data Solutions
Comforce Technical Services
Scott Business Group$
3,283,555.87
This item is recommended by Ms. Osuna and the Finance Department.
CITYWIDE
ORDINANCE S-36549 -
PAYMENT ORDINANCE
Request to authorize the expenditure of public money for payment of claims against the City of Phoenix.
$
104,274.67
a)
To Achen-Gardner Engineering, LLC, Chandler, for Change Order 1, Contract 121088, Project ST85100096. Staff initiated the Change Order for additional construction required as part of the 75th Avenue Paving: Buckeye Road to Van Buren Street: 75th Avenue Storm Drain Phase II: Buckeye Road to Van Buren Street project for the Street Transportation Department, increasing the cost to $8,885,067. The amount of the original contract is $8,780,792 and the total project budget is $13,231,842 of which $10,593,802 is budgeted for construction. The project is 95 percent complete. The Budget and Research Department has confirmed the availability of budgeted Capital Improvement Program funds for the Change Order.
$
67,780.00
b)
To Project Engineering Consultants, Ltd. for Change Order 1, Contract 125996, Project WS85500362. Staff initiated the Change Order for additional professional services required as part of the Zone 5EA/5EB 16-inch Water Main and PRV project for the Water Services Department, increasing the cost to $354,481. The amount of the original contract is $286,801 and the total project budget is $4,305,887 of which $3,442,220 is budgeted for construction. The project is 10 percent complete. The Budget and Research Department has confirmed the availability of budgeted Capital Improvement Program funds for the Change Order.
364,629.00
c)
To Sunland Asphalt, Tempe, for Change Order 2, Contract 125275, Project ST87400143. Staff initiated the Change Orders for additional construction required as part of the 2009 Major and Collector Street Overlay Program for the Street Transportation Department, increasing the cost to $4,895,890. The amount of the original contract is $4,091,991 and the total project budget is $23,750,360 of which $22,624,254 is budgeted for construction. The project is 65 percent complete. The Budget and Research Department has confirmed the availability of budgeted Capital Improvement Program funds for the Change Orders.
$
536,683.67
This item is recommended by Ms. Osuna and the Finance Department.
DISTRICT 8
ORDINANCE S-36550 -
JOINT USE AGREEMENT WITH UNITED STATES OF AMERICA AT SKY HARBOR AIRPORT
Request to authorize the City Manager, or his designee, to enter into a joint use agreement with the United States of America for the Arizona Air National Guard's use of airfield operations at Phoenix Sky Harbor International Airport.
The United States of America leases approximately 60 acres of land on the south side of the airport for use and benefit of the Arizona Air National Guard. A provision in the lease requires a separate airfield joint use agreement between the City and the United States of America, whereby the Arizona Air National Guard will pay an annual fee representing its share of the airfield operation expenses.
The proposed new annual fee is $16,757. The five-year term begins October 1, 2009 through September 30, 2014.
The United States government is exempt from the City's affirmative action requirements because it is a government entity.
This item is recommended by Mr. Krietor and the Aviation Department.
CITYWIDE
ORDINANCE S-36551 -
2010 CENSUS REGIONAL MEDIA CAMPAIGN PAYMENT TO MARICOPA ASSOCIATION OF GOVERNMENTS
Request to authorize the City Controller to disburse funds not to exceed $82,768.46 to the Maricopa Association of Governments (MAG) to fund the City of Phoenix' portion of the 2010 Census Regional Media Campaign.
The effort will promote the 2010 Census, encouraging Valley residents to complete their 2010 Census questionnaires. The campaign will last for five weeks during March and April of 2010 and use a variety of media, including print, radio, and television.
This effort was approved by the MAG Regional Council at its March 25, 2009 meeting.
This item is also recommended by Ms. Perkins, Ms. Osuna, and the City Manager's Office.
CITYWIDE
ORDINANCE S-36552 -
PAYMENT OF MARICOPA ASSOCIATION OF GOVERNMENTS ANNUAL DUES AND ASSESSMENTS FOR FISCAL YEAR 2009-2010
Request to authorize the City Controller to disburse funds to the Maricopa Association of Governments for payment of the annual dues and assessments.
This request approves payment of the Fiscal Year 2009-2010 Maricopa Association of Governments (MAG) annual dues and assessments in the amount of $91,496.
At the May 27, 2009 MAG Regional Council meeting, the Unified Planning Work Program and Annual Budget for Fiscal Year 2010 was approved. The passage of the budget included approval of the dues and assessments using the July 1, 2008, approved population numbers. Due to current economic conditions, the overall dues and assessment totals were reduced by 50 percent from Fiscal Year 2009. The change in population among the members accounts for the remaining difference between Fiscal Year 2009 and Fiscal Year 2010 dues and assessments.
Financial Impact
Funding for the annual dues and assessments in the amount of $91,496 for Fiscal Year 2009-2010 is allocated as follows:
Dues/Assessment
Department
Cost Center and GL
Amount
MAG Dues
Government Relations
4300000000 - 510445
$39,521
Solid Waste Assessment
Public Works
7075101000 - 510445
$ 1,939
Water Quality Assessment
Water Services
8410100000 - 510445
$22,762
Human Services Planning and Homeless Prevention Assessments
Human Services
8910201000 - 510445
$27,274
This item is recommended by Mr. Krietor, Mr. Naimark, Mr. Leonard, and the City Manager's Office/Government Relations Office.
DISTRICT 7
ORDINANCE S-36553 -
ST85100142 - CONSTRUCTION SERVICES AGREEMENT WITH SALT RIVER PROJECT FOR CONSTRUCTION OF ELECTRICAL FACILITIES
Request to authorize the City Manager, or his designee, to enter into a construction services agreement with Salt River Project. The purpose of this agreement is to allow for the construction of electrical facilities associated with City of Phoenix Project ST85100142 at Lower Buckeye Road and 59th Avenue. Further request to authorize the City Controller to disburse the funds.
Financial Impact
Funding for this agreement in the amount of $112,987 is available through the Street Transportation Department's Capital Improvement Arizona Highway User Revenue budget.
Citizen Notification
No citizen notification is required.
This item is recommended by Mr. Zuercher and the Engineering and Architectural Services Department.
DISTRICT 3
ORDINANCE S-36554 -
DEDICATION OF PEDESTRIAN PATH EASEMENT ACROSS CITY-OWNED LAND - SOUTH OF GREENWAY ROAD AND EAST OF 19TH AVENUE
Request to authorize the dedication to public use of a pedestrian path easement across City-owned land and ordering the ordinance recorded. This easement is needed in conjunction with the 19th Avenue and Greenway Road Pedestrian Bridge project. The location of the property is south of Greenway Road and east of 19th Avenue.
This bears the recommendation of the Street Transportation Director and the Deputy Finance Director.
This item is also recommended by Mr. Zuercher.
DISTRICTS 1, 2, 3, 4, 5,
7, AND 8
ORDINANCE S-36555 -
ACCEPTANCE AND DEDICATION OF DEEDS AND EASEMENTS FOR PUBLIC USE
Request to accept deeds and easements for roadway, public utilities, sidewalk, and street light purposes; ordering the ordinance recorded; and dedicating to public use the properties described therein.
District
Easement
(a)
SPRINGWELLS & I-17, INC. Easement is for public utilities and sidewalk purposes for property located at 4250 West Dunlap Avenue. FN 080106
1
Easement
(b)
DESERT SPRINGS BIBLE CHURCH Easement is for sidewalk purposes for property located at 16215 North Tatum Boulevard. FN 090024
2
District
Deed
(c)
Q & M INVESTMENTS, LLC Deed is for roadway purposes for property located at 16803 North 20th Street. FN 090023
3
Easement
(d)
CAMELBACK & 8TH SCOOP, LLC Easement is for sidewalk purposes for property located at 4970 North 8th Place. FN 090026
4
Easement
(e)
BRUCE BLOCK Easement is for street light purposes for property located at 6117 North 35th Drive. REN 7267
5
Deed
(f)
MARACAY SIENNA VISTA, LLC Deed is for roadway purposes for property located at the northeast corner of 75th Avenue and Broadway. FN 090021
7
Deed
(g)
VALLEY OF THE SUN WALDORF EDUCATION ASSOCIATION, INC. Deed is for roadway purposes for property located at 6232 South 28th Street. FN 090020
8
This item is recommended by Ms. Osuna and the Interim Finance Director.
CITYWIDE
ORDINANCE S-36556 -
AMEND AND ACCEPT VOCA GRANT FUNDS FOR THE FIRE DEPARTMENT
Request to authorize the City Manager to execute a second agreement to accept annual grant funding from Victims of Crime Act (VOCA) for the Community Assistance Program through the Arizona Department of Public Safety, and authorize the City Controller to accept and disburse the necessary funds.
The Arizona Department of Public Safety has requested this VOCA grant award be segmented into two agreements. Council action was taken on this item on July 1, 2009, (Ordinance S-36383) and authorized the execution of one agreement. Authorization is now being requested to allow execution of two separate agreements, one for $50,934 and one for $155,540 for the total of the previously authorized grant amount of $206,474.
Other Information
The Community Assistance Program has been receiving funding from VOCA for the last eight years. These funds will be used to partially fund two existing full‑time Crisis Response Supervisors and several part-time Crisis Interventionist positions. The required match will continue to be met with volunteer hours.
The City Council authorized the Fire Department to make application for this grant on April 8, 2009, and approved the execution of an agreement for the total amount on July 1, 2009.
This item is recommended by Mr. Washington and the Fire Department.
DISTRICT 7
ORDINANCE S-36557 -
HISTORIC PRESERVATION BOND FUNDS FOR HISTORIC DUPLEX - 438 NORTH 17TH AVENUE - EMERGENCY CLAUSE
Request to authorize the City Manager to enter into a contract with T & J Valley Investments Properties, LLC to expend up to $79,600 in Historic Preservation Bond funds for the exterior rehabilitation of the historic duplex at 438 North 17th Avenue, and to authorize the City Controller to disburse the necessary funds.
The subject property is a bungalow-style duplex residence constructed ca. 1928. It is located in the Oakland Historic District, which was listed on the Phoenix Historic Property Register in September 1988 and the National Register of Historic Places in July 1992. The property is currently classified as a non‑contributing building to the historic district, due to the fact that the front porch has been enclosed and other alterations have taken place. It is currently vacant and in poor condition due to fire damage and vandalism. The bond funds will be used for the following work items: demolition of the existing front porch enclosure and construction of a new wall to replicate the original porch configuration; structural repairs; stucco repair and restoration; installation of new concrete stoops and concrete porch repair; installation of new wood windows and doors to replicate the original appearance; removal of non-historic fascia and trim; and exterior painting. Up to ten percent of the total amount may be used to prepare necessary architectural plans and drawings.
The owner will provide a match of at least $95,000 in expenses for interior, plumbing, mechanical, electrical, and site work. In accordance with grant program guidelines, the City will receive a 25-year conservation easement on the lot at 438 North 17th Avenue in exchange for the grant funding. The conservation easement will require that the historic character of the property be preserved, and that the property be maintained in good condition.
Financial Impact
This project will use up to $79,600 in available 2006 Historic Preservation Bond funds.
The Historic Preservation Commission recommended approval of this grant request on August 17, 2009. The City Council Housing and Neighborhoods Subcommittee recommended approval of this item on September 9, 2009.
Emergency Clause Justification
An emergency clause is requested because the award amount is based on a bid with an expiration date, after which time the prices will increase.
This item is also recommended by Ms. Osuna and the Historic Preservation Officer.
CITYWIDE
ORDINANCE S-36558 -
AGREEMENT WITH ARIZONA DEPARTMENT OF EDUCATION CHILD NUTRITION PROGRAM
Request to authorize the City Manager to enter into an agreement with the Arizona Department of Education, Child Nutrition Program, in the amount of $100,000. The Arizona Department of Education (ADE) offers funds to reimburse child care centers and Head Start programs for providing nutritious meals to children. The term of the agreement is for the period of November 1, 2009 through October 30, 2010.
Authorization is also requested for the City Controller to accept and disburse all funds associated with this agreement.
Affirmative Action
The Arizona Department of Education is exempt from compliance with the affirmative action requirements of the City Code, Chapter 18, Article IV or V.
Program Impact
The Human Services Department's Grantee Operated Head Start program is partnering with its Senior Services Division to provide meal service to four Head Start sites: Stardust, Desert West, Neighborhood Ministries, and Travis L Williams. This will generate approximately $100,000 annually to supplement the food costs for the meals. The ADE reimbursement should cover the majority of the meal expenses and will allow a savings in the Head Start budget that can be utilized for other critical services. Any meal costs above the reimbursement rate would be paid from the Head Start budget.
Financial Impact
No City General funds are required. Funding is available in the Head Start grant budget, awarded by the Department of Health and Human Services.
The Seniors, Families, and Youth Subcommittee recommended City Council approval of this item at the September 15, 2009 meeting.
This item is also recommended by Mr. Krietor and the Human Services Department.
CITYWIDE
ORDINANCE S-36559 -
AMEND IGA WITH MARICOPA COUNTY LIBRARY DISTRICT - RECIPROCAL BORROWING PROGRAM
Request to authorize the City Manager, or his designee, to amend the existing Intergovernmental Agreement (IGA) with the Maricopa County Library District for the Reciprocal Borrowing Program, and for the City Controller to receive and disburse the funds.
This agreement allows participating libraries in Maricopa County to issue free library cards to residents of Maricopa County that do not live within the boundaries of their individual jurisdictions. It allows Phoenix residents to receive free library cards at other participating libraries, including Tempe, Scottsdale, and Mesa public libraries.
The current agreement expired in June 2009 and required the Maricopa County Library District to reimburse the Phoenix Public Library $29 for each net non‑resident user of the Phoenix Public Library system. The amendment will extend the agreement through June 2010 and will change the reimbursement rate to $26, which could be increased as a result of negotiations by the Maricopa Association of Governments (MAG). If MAG negotiates a higher reimbursement amount the contract will be amended to the higher rate.
This item is recommended by Ms. Osuna and the City Librarian.
DISTRICT 8
ORDINANCE S-36560 -
PROGRAMMATIC AGREEMENT WITH SHPO AND CPLC FOR EAST BUCKEYE DEVELOPMENT
Request to authorize the City Manager to enter into a programmatic agreement with the State Historic Preservation Office (SHPO) and Chicanos Por La Causa (CPLC), regarding the impact of CPLC's East Buckeye Commercial Redevelopment project on cultural resources to meet federal environmental requirements for this project.
CPLC has received a direct allocation of federal Housing and Urban Development (HUD) Economic Development Initiatives (EDI) funds to assist in acquiring and developing vacant and blighted properties for eventual commercial/retail development in the CPLC East Buckeye Commercial Redevelopment Area. The project area is along both sides of Buckeye Road bordered on the east and west by 12th and 7th Streets, and also includes several properties along Tonto and Hadley Streets within those boundaries.
All EDI funded activities require processing under HUD's 24 CFR Part 58 environmental regulations, with the City of Phoenix coordinating the review and implementation of HUD required cultural resource compliance in CPLC's Redevelopment Area project as the HUD designated city of jurisdiction. As such, the City must ensure that federal environmental requirements are met; to meet federal cultural resource obligations for the project, a separate programmatic agreement between the involved entities is needed to spell out the project's cultural resource obligations.
The CPLC Commercial Redevelopment project is not a City project and as such is not covered under the City's existing programmatic agreement for HUD funded City program activities. This programmatic agreement allows the City to expedite the required cultural resource review process for City projects with HUD funding through the Phoenix Historic Preservation Office and the City Archaeology Office.
The project area contains one prehistoric canal and three known historic structures: The Wilson-Jones House and Webb Grocery buildings located at 1008 East Buckeye Road, and Santa Rita Hall at 1017 East Hadley Street. The programmatic agreement for the CPLC project sets forth stipulations to identify and recover pre-historic resources and to identify and preserve historic properties in compliance with Section 106 of the National Historic Preservation Act. These stipulations cover:
1.
Archaeological data recovery, data recovery reports, treatment of human remains (if applicable), curation of records and resources, and report dissemination;
2.
An updated survey of historic properties for the project area within 180 days of execution of the programmatic agreement;
3.
Protection and stabilization of acquired historic properties within designated timeframes;
4.
Rehabilitation and adaptive use of the Jones-Montoya house and Webb Grocery buildings in the first phase of EDI-funded construction work by CPLC; and
5.
Rehabilitation and adaptive use of Santa Rita Hall in the first or second phase of EDI-funded construction work by CPLC.
Financial Impact
As required under the Federal Regulations for EDI funded projects, the City will monitor the project for compliance with Federal Historic requirements. No direct City funds will be used for the development of the project. The City will ensure
that all work included in the programmatic agreement be carried out by qualified professionals paid through project funds. This agreement is supported by the Phoenix Historic Preservation Office and the City Archaeology Office.
This item is recommended by Mr. Naimark and the Neighborhood Services Department.
CITYWIDE
ORDINANCE S-36561 -
PAYMENT FOR SPORTS LEAGUE OFFICIATING
Request to authorize the Parks and Recreation Director to disburse funds up to $176,000 from the Department's recreation checking accounts to pay for sports league officiating services during Fiscal Year 2009-2010. Authorization is also requested to pay the following vendors up to the amounts set forth without further Council action.
During the sports league season, officiating billings often exceed the $8,600 payment ordinance limit. This request seeks City Council approval to process sports league officiating services bills during Fiscal Year 2009-2010 without preparing individual payment ordinances for amounts of $8,600 or greater.
The Department administers City-sponsored sports leagues. Adult teams pay registration fees to participate in these leisure activities. The user fees cover the costs of reserving ball fields, payment for balls and trophies, and league officiating costs. User fees are collected, processed, and distributed through recreation checking accounts.
Sports Officiating Company
Maximum Annual Payment
Affirmative Action Expiration Dates
BSY Schedule Services
$ 43,000
September 2, 2011
Valley Metro Officials
$ 46,000
October 11, 2010
Southwest Umpires Association
$ 26,000
November 7, 2009
Independent Umpire Association
$ 59,000
November 15, 2009
Major Sports Officials
$ 2,000
June 2, 2010
Total
$176,000
The subject officiating companies are currently eligible to do business with the City by their compliance with the affirmative action requirements of the City Code, Chapter 18, Article IV or V. Each organization is responsible for maintaining their eligibility.
This item is recommended by Mr. Naimark and the Parks and Recreation Department.
CITYWIDE
ORDINANCE S-36562 -
RFP SAF 09-01 - DESIGNATED PHYSICIAN - OCCUPATIONAL MEDICAL SERVICES
Request to authorize the City Manager to negotiate and enter into a contract with Concentra Medical Centers to provide occupational medical services for the City of Phoenix beginning October 13, 2009. The contract term will be from October 13, 2009 to October 12, 2012, with two optional one-year extensions. Also request authorization for the City Controller to disburse funds in accordance with contract terms.
These occupational medical services, the majority of which are legally mandated, are necessary to continue providing medical treatment to City employees who are injured in the performance of their duties. Other services include medical examinations and tests to evaluate the physiological ability of employees to perform the essential functions of their positions safely. The City has been contracted with Concentra Medical Centers since 1999. The current contract expires October 12, 2009.
The scope of services provided will include, but not be limited to:
Industrial Injury Care
Respirator Physical Examinations
Drug and Alcohol Screening
Hearing Tests
DOT Medical Exams
Work Fitness Evaluations
The Personnel Department issued a Request for Proposal (RFP SAF 09-01) on July 3, 2009. Two proposals were received and evaluated by a committee consisting of representatives from Personnel (two), Water Services, and two employee unions.
Proposals were evaluated on the following criteria: cost to the City, comprehensiveness of proposal, local staff size, qualifications and availability, multiple locations (including a 24/7 facility), experience with government accounts, and ancillary/incidental services. Overall, Concentra Medical Centers was evaluated as the best proposal with a final score of 902 points awarded out of a possible 1,000 points. MBI Industrial Medicine, Inc., the second proposer, received a total of 692 points.
Financial Impact
The approximate annual cost for the services proposed by the recommended firm is $1,600,000; however this is dependent on totality of services provided and the frequency and severity of the industrial injuries sustained by employees. Funding is available from the Personnel Department for non-industrial injury occupational medical treatment, or the workers' compensation trust account if treating an industrial injury.
Affirmative Action
The subject firm is eligible to do business with the City until August 25, 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 for the life of the contract and failure to do so may result in termination of the contract.
This item is recommended by Mr. Washington and the Personnel Department.
DISTRICTS 4 AND 7
ORDINANCE S-36563 -
AGREEMENT WITH STATE FOR INCREASED TRAFFIC AND CODE ENFORCEMENT DURING STATE FAIR
Request to authorize the City Manager to enter into an agreement with the Arizona Coliseum and Exposition Center Board for the City to provide increased traffic enforcement, perimeter security, proactive police patrol, permit parking enforcement, and vending enforcement in the area surrounding the State Fairgrounds during the State Fair (October 16, 2009 through November 8, 2009).
The intent of the agreement is to recover costs associated with providing such service. Based upon experience and current planning, it is estimated that $36,500 will be recovered. This figure is the cost associated with providing police services ($24,000) and Neighborhood Services code enforcement, permit parking, and vending ($12,500) to the State Fair.
This item is recommended by Mr. Washington and the Police Department.
CITYWIDE
ORDINANCE S-36564 -
INTERNET CRIMES AGAINST CHILDREN PROGRAM - 2009
Request to authorize the City Manager to execute a contract between the Phoenix Police Department and the United States Department of Justice, Office of Juvenile Justice and Delinquency Prevention (OJJDP), to accept grant funds in an amount not to exceed $427,898 for the Arizona Internet Crimes Against Children (ICAC) Task Force program. This grant is for a one-year period from July 1, 2009 to June 30, 2010. Authorization is also requested for the City Controller to receive and disburse funds.
Funds in the amount of $427,898 will be used as follows:
$123,261
Fringe Benefits
$ 24,674
Travel
$ 11,280
Supplies
$ 13,340
Contractual
$241,617
Other
$ 13,726
Total
$427,898
Personnel and fringe benefits will support the continued employment of one police sergeant who acts as statewide task force commander and project manager. Overtime is included in personnel and fringe in the amount of $2,000, and will assist investigators and supervisors as needed.
The Phoenix Police Department will pass through the majority of OJJDP funding as competitive sub-awards to affiliate agencies to acquire ICAC related training and equipment. This work is an effort to build investigative capacity throughout the state. Funding will also support sub-grantees to provide two local training certification programs for ICAC investigators and prosecutors.
This award will increase the investigative and administrative capacity of the Arizona ICAC Task Force for the purpose of continuing to combat the problem of Internet crimes against children.
No matching funds are required.
This item is recommended by Mr. Washington and the Police Department.
CITYWIDE
ORDINANCE S-36565 -
DRUG ENFORCEMENT ADMINISTRATION TASK FORCE AGREEMENT - 2010
Request to authorize the City Manager to execute an agreement between the Phoenix Police Department and the United States Department of Justice, Drug Enforcement Administration (DEA), for funds up to $67,613, and for the City Controller to receive and disburse funds.
Funds will be used to reimburse the Phoenix Police Department for overtime for up to four taskforce officers assigned to the DEA to work on disruption of illicit drug traffic in the state of Arizona, gather and report intelligence relating to trafficking in dangerous drugs, and conduct appropriate undercover operations. This agreement will cover the period through September 30, 2010.
No matching funds are required.
This item is recommended by Mr. Washington and the Police Department.
CITYWIDE
ORDINANCE S-36566 -
Request to authorize the City Manager to execute a contract between the Phoenix Police Department and the Arizona Criminal Justice Commission to accept $166,000 for the Laboratory Services Bureau. Authorization is also requested for the City Controller to receive and disburse funds. The funding period runs through June 30, 2010.
The Police Department's Laboratory Services Bureau will use the grant funds for overtime for the Crime Scene Response, Controlled Substances, Evidence Processing, Firearms, Forensic Biology, Toxicology, and Latent Print Sections to assist in improving the quality and timeliness of services provided by the Laboratory, as well as reduce backlog. Funding will also be used to outsource a total of 82 DNA backlog cases and for postage to send evidence to the contract laboratory.
The budget includes:
$ 83,741
Other
$ 259
Contracts
$ 82,000
Total
$166,000
There is no cost to the City other than existing in-kind resources.
This item is recommended by Mr. Washington and the Police Department.
CITYWIDE
ORDINANCE S-36567 -
SALE OF DECEASED OFFICER BRIAN A. HOWE'S CITY ISSUED WEAPON
Request approval to sell deceased Officer Brian A. Howe's weapon to his spouse, Jacque Howe.
The Glock 40 caliber, Model 22, Serial DMP300, will be sold to Jacqueline Howe for one dollar in accordance with Memorandum of Understanding 2008-2010, Section 5-6.
This item is recommended by Mr. Washington and the Police Department.
CITYWIDE
ORDINANCE S-36568 -
AMEND ORDINANCE S-36318 - AMEND THE PUBLIC TRANSIT FARE POLICY - EMERGENCY CLAUSE
Request to amend Ordinance S-36318, the Regional Transit Fare Policy, adopted June 17, 2009, for the City of Phoenix Public Transit System; and declaring an emergency. The Regional Transit Fare Policy (Fare Policy), applicable specifically to the City, will be based in the office of the Public Transit Director.
The City occasionally updates its Fare Policy. The most recent update occurred by Ordinance S-36318. The Fare Policy will be revised only by ordinance of the City Council.
The Fare Policy will be revised for a pilot program to allow tickets for events at the U.S. Airways Center to be used for Light Rail on the day of the applicable event. The pilot program will be in effect from October 1, 2009 until September 30, 2010.
The Phoenix Arena Development Limited Partnership (PADLP) manages the U.S. Airways Center under a series of agreements with the City of Phoenix. METRO and PADLP are entering into an agreement reflecting the Fare Policy change. For each sporting event, concert, or any other event for which tickets are made available for purchase to the general public, PADLP agrees to pay METRO $0.31 cents for each ticket scanned upon entrance to the U.S. Airways Center. In consideration of such payment, on the date of each U.S. Airways Center event, METRO agrees to honor tickets presented by passengers riding the Light Rail for the applicable event as proof of payment for a Light Rail fare.
Tickets will be honored by METRO four hours prior to the start of the event at U.S. Airways Center and until the end of METRO's transit day (currently 2:59 a.m. on the following day.) Ticket holders will have the ability to utilize Light Rail on a round-trip basis to and from the applicable center event. Tickets will not be valid for travel on City buses.
Financial Impact
The fare for this pilot is targeted to be revenue neutral.
Emergency Clause Justification
An emergency clause is included because the costs will effectuate an agreement effective October 1, 2009, between METRO and U.S. Airways Center. The fare ordinance must be in effect on October 1, 2009, to begin reimbursement for passenger tickets. The METRO Board did not act on its agreement until September 16, 2009. If not passed with the emergency clause, the new ordinance will not be in effect until October 30, 2009, which will be after the new agreement is implemented on October 1, 2009.
This item is recommended by Mr. Zuercher and the Public Transit Department.
DISTRICT 8
ORDINANCE S-36569 -
CONTRACT WITH SUNS LEGACY PARTNERS, LLC FOR PARKING SPACES
Request to authorize the City Manager to enter into a new contract with the Suns Legacy Partners, LLC (SLP), a Delaware limited partnership, for the reservation of valet parking spaces for home basketball games in the 2009-2010 season. A total of 26 spaces will be offered for valet parking to season game patrons in accordance with the following provisions:
—
The contract is for the 2009-2010 Phoenix Suns season only.
—
The City shall provide up to 26 parking spaces in the south parking lot located at 101 South Central Avenue managed by the Public Works Department.
—
SLP shall pay a flat fee of $520 for each regular season game.
Financial Impact
This contract is estimated to generate approximately $23,920 in revenue for Fiscal Year 2009-2010.
Affirmative Action
The subject firm is eligible to do business with the City of Phoenix until September 14, 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 Public Works Department.
DISTRICT 2
CHANGE ORDER 1 TO CONTRACT 123812 WITH DIBBLE ENGINEERING - SONORAN BOULEVARD WEST
Request to authorize the City Manager to amend Contract 123812 with Dibble Engineering to make revisions to the project scope of work, and further authorize the City Controller to disburse funds related to this ordinance.
The original Sonoran Boulevard West project extended from 15th Avenue to 10th Street. Based on development of the current design and coordination with the Regional Transportation Program (RTP), it was determined that Sonoran Boulevard should be extended west to connect to 23rd Avenue and Dove Valley Road. The new design contract will include half-street improvements for the section of roadway between 23rd and 19th Avenues. The roadway between 19th and 15th Avenues currently has half-street improvements, so additional design is not required for this section. The profile of the Western Sonoran Boulevard project was also lowered, requiring the relocation of an existing 16‑inch ductile iron pipe waterline. These changes increase the scope of the original project and require additional design services.
On June 4, 2008, City Council approved Contract 123812 with Dibble Engineering for the amount of $326,540 to generate plans, specifications, and estimates. This Change Order of $212,202 is necessary to provide connectivity in design and lower the City of Phoenix waterline.
Financial Impact
The original amount of Contract 123812 was $326,540. Change Order 1 will increase the contract total by $212,202. With approval of Change Order 1, the new contract amount will be $538,742. Funds are available in the Street Transportation Department's Capital Improvement Arizona Highway User Revenue budget.
Affirmative Action
The subject firm is eligible to do business with the City of Phoenix until May 5, 2010, by its compliance with affirmative action requirements of the City Code, Chapter 18, Article IV. 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.
Citizen Notification
Several public awareness meetings have been held with the Homeowners Associations, developers, and utility companies throughout the last seven years. A public information officer will be on board to answer all questions during construction and design. An additional public awareness meeting will be held at the 90 percent plans design phase.
This item is recommended by Mr. Zuercher and the Street Transportation Department.
DISTRICT 2
RESOLUTION 20851 -
ALLOCATE RECOVERY ZONE FACILITY BOND FUNDS TO W.L. GORE & ASSOCIATES - EMERGENCY CLAUSE
Request to grant the approval to allocate $30 million of Recovery Zone Facility Bonds (RZFB) to W.L. Gore & Associates (Gore Associates). The bonds will be issued through the Phoenix Industrial Development Authority (IDA). Gore Associates has purchased vacant land located at 32212 North North Valley Parkway, Phoenix, Arizona 85085 (Council District 2). The focus of the project will be the expansion of the Medical Products Division. The proposed bond request will enable the company to finance the first phase of the project which will consist of constructing two manufacturing buildings and a parking structure.
Gore Associates is a privately held Delaware corporation that was formed in 1958. The company possesses 50 locations worldwide and has an employment base of 9,000. Gore is best known for its GORE-TEX(r) fabrics. The Medical Products Division manufactures a family of products that include vasular grafts, endovascular and interventional devices, surgical meshes for hernia repair, and sutures for use in vascular, cardiac, and general surgery. The Phoenix expansion has an estimated cost of $130 million. It is ancipated the construction will be completed in 18 - 24 months.
Gore Associates Phoenix expansion will result in the creation of 500 full-time equivalent jobs. Gore will work with the Community and Economic Devleopment Department (CEDD) to submit a formal employment plan and comply with the affirmative action requirements of the City of Phoenix.
Emergency Clause Justification
Time is of the essence in this transaction due to the interest rate and bond closing considerations. The applicant requests that the emergency clause be implemented so as to enable the bond closing to occur expeditiously upon City Council approval.
This item is recommended by Mr. Krietor and the Community and Economic Development Department.