ORDINANCES AND RESOLUTIONS
DISTRICT 7
ORDINANCE G-5420 -
AMEND ZONING CODE - MODIFICATION OF STIPULATIONS FOR REZONING
APPLICATION Z-17-07-7
Request to amend the stipulations applicable to a portion of Rezoning Application Z-17-07-7 previously approved by Ordinance G-5059 for the R-2 (Multiple-Family Residence) zoning district located at the northwest corner of 47th Avenue and Alta Vista Road.
This item is recommended by Mr. Cavazos and the Planning Department.
DISTRICT 1
ORDINANCE S-36502 -
PROPOSED 8TH AVENUE AND PARK VIEW LANE ANNEXATION
Request to extend and increase the corporate limits of the City of Phoenix, Arizona, pursuant to the provisions of Arizona Revised Statutes, Section 9‑471, by annexing thereto a certain tract of land contiguous to and not embraced within the present limits of the City of Phoenix, designated as 8th Avenue and Park View Lane Annexation, No. 441. The ordinance also authorizes current county zoning to continue in effect until municipal zoning is applied to the annexed territory, but not longer than six months after this annexation.
This annexation was requested by the property owners to obtain City services and conforms to current City policies regarding annexation of property prior to extension of City services. The proposed annexation area includes 10.0 acres (0.016 square miles) and the population is estimated to be 0. The property is generally 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.
On April 9, 2008, the City Council authorized filing of a blank petition with the County Recorder's Office and the required public hearing was held June 11, 2008. The City Clerk Department has received signed petitions representing 100 percent of the assessed value and 100 percent of the owners, excluding utilities, within the proposed annexation area. The Waiver of Claims for Diminution in Value of Property under Proposition 207 has been executed.
A map accompanies this item on the following page.
This item is recommended by Ms. Takata and the City Clerk Department.
CITYWIDE
ORDINANCE S-36503 -
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:
$
8,700.00
av)
To ADT Enterprise, Inc., Grandview, MO, to exercise an option to extend, originally approved on August 1, 2007, to continue to supply bar code labels under Agreement MW08-00008 awarded by RFQ MW 08-0008 for the Library Department.
10,823.00
aw)
To AGS Safety & Supply, Tempe, to exercise an option to extend, originally approved on August 4, 2006, to continue to supply lumbar support belts under Agreement MW07-0003A awarded by RFQ MW 07-0003 for Citywide departments.
661,330.00
ax)
To Agusta Aerospace Corporation, Philadelphia, PA, to exercise an option to extend, originally approved on April 13, 2005, to continue to supply helicopter parts under Agreement P-07743-08 awarded by IFB 05-186 for the Police Department.
14,280.00
ay)
To Alphagraphics #006 to exercise an option to extend, originally approved on September 1, 2006, to continue to provide map and street guide printing services under Agreement MW07-00004 awarded by RFQ MW 07-0004 for the Fire Department.
49,900.00
az)
To Arizona Public Service for reimbursement (using grant funds) of surveillance equipment used at the Palo Verde Nuclear Generating Station for the Office of Emergency Management in the City Manager's Office.
$
126,835.00
ba)
To Childhelp USA for lease payments for the Family Investigations Bureau located at 2346 North Central Avenue for Fiscal Year 2009-2010, under Agreement 85075, originally approved on October 14, 1998, for the Police Department.
600,000.00
bb)
To Crafco, Inc., Chandler, to exercise an option to extend, originally approved on May 9, 2007, to continue to supply asphalt rubber crack sealant under Agreement P-08423-08 awarded by State of Arizona Cooperative Agreement T07-21A00067 for the Aviation and Street Transportation Departments.
75,000.00
bc)
To Dober Group, Midlothian, IL, to exercise an option to extend, originally approved on August 30, 2006, to continue to provide cooling tower water treatment services under Agreement P-08189-08 awarded by IFB 06-126 for the Public Works Department.
152,900.00
bd)
To ISS Facility Services, Inc. to exercise an option to extend, originally approved on October 7, 2007, to continue to provide custodial services at the 91st Avenue Wastewater Treatment facility under Agreement P-08574-08 awarded by IFB 07-307 for the Public Works Department.
21,000.00
be)
To Moore Wallace North America, Inc. to supply Arizona traffic ticket and complaint forms under Agreement P-08914-10 awarded by IFB 09-210 for the Municipal Court and Police Departments.
874,000.00
bf)
To SAP Public Services, Philadelphia, PA, to exercise the annual licensing and maintenance agreements for the Systems, Applications, and Products and Open Text software products for Fiscal Year 2009-2010, originally approved on May 29, 1996, for the Finance Department.
24,000.00
bg)
To Schindler Elevator Corporation, Tempe, to exercise an option to extend, originally approved on February 3, 1999, to continue to provide elevator oil and grease maintenance services at the Verde Water Treatment Plant under Agreement MW99-0036A awarded by RFQ MW 99-0036 for the Water Services Department.
$
3,016,805.00
bh)
To Southwest Fabrication, LLC to exercise an option to extend, originally approved on January 3, 2007, to continue to manufacture and install transit passenger furniture under Agreement P-08319-07 awarded by IFB 07-081 for the Public Transit Department.
835,000.00
bi)
To the following vendors to exercise an option to extend, originally approved on July 1, 2005, to continue to provide building supplies awarded by IFB 05-255 for Citywide departments:
$125,000.00 Grainger Industry Supply
100,000.00 Six Points Hardware
60,000.00 Blinds Plus, LLC, Surprise
25,000.00 APA Industries
25,000.00 Brown's Partsmaster, Inc.,
Glendale
25,000.00 Cem-tec Corporation
25,000.00 Continental Research Corporation,
St. Louis, MO
25,000.00 Cybergear, Inc., Mesa
25,000.00 Dave Bang Associates, Mesa
25,000.00 Electric Supply, Inc.
25,000.00 ESSCO Electric
25,000.00 Ewing Irrigation Products, Inc.
25,000.00 Graybar
25,000.00 Horizon Distributors, Inc.
25,000.00 Ironco Enterprises, LLC
25,000.00 Kelley Brothers
25,000.00 Markham and Decker
25,000.00 Miller OEM
25,000.00 Ohm's Research Products
25,000.00 Reliance Metalcenter
25,000.00 RSD-TC
25,000.00 Thomas Pipe and Supply
25,000.00 United Refrigeration
25,000.00 Valley Steel Supply, LLC, Peoria
25,000.00 Webb Distributors, Inc.
229,017.00
bj)
To the following vendors to exercise an option to extend, originally approved on June 2, 2004, to continue to provide custodial services at various locations awarded by IFB 04-202 for the Public Works Department:
$178,646.00 RCD Cleaning Service, Inc.
50,371.00 ISS Facility Services, Inc.$
855,000.00
bk)
To the following vendors to exercise an option to extend, originally approved on June 6, 2007, to continue to provide fire life safety systems inspection and repair services awarded by IFB 07-126 for the Public Works Department:
$348,050.00 Siemens Building Technologies 190,850.00 RCI Systems, Inc., Tempe
168,050.00 Centurion Fire Protection of
Phoenix
148,050.00 Detection Logic, Inc., Glendale
35,000.00
bl)
To the following vendors to exercise an option to extend, originally approved on April 4, 2008, to continue to provide appliance repair services awarded by RFQ 08-076 for the Fire Department:
$17,500.00 Byassee Equipment, Inc.
17,500.00 Mr. Appliance, Chandler
800,000.00
bm)
To the following vendors to exercise an option to extend, originally approved on May 30, 2007, to continue to provide acquisition services related to the Light Rail project awarded by RFP 07-029 for the Finance Department:
Tierra Right of Way
Universal Field Services
700,000.00
bn)
To the following vendors to exercise an option to extend, originally approved on May 30, 2007, to continue to provide relocation services related to the Light Rail project awarded by RFP 07-028 for the Finance Department:
Acquisitions Sciences, Ltd.
Overland, Pacific & Cutler, Inc.
1,500,000.00
bo)
To the following vendors to exercise an option to extend, originally approved on June 13, 2007, to continue to provide moving consultant/coordinator services awarded by RFP 07-031 for the Finance Department:
Move Cost Specialists, LLC
Regional Relocation and Warehousing$
1,300,000.00
bp)
To the following vendors to exercise an option to extend, originally approved on July 5, 2006, to continue to provide relocation services awarded by RFP 06-025 for the Finance Department:
Acquisition Sciences, Ltd.
Tierra Right of Way
Universal Field Services
350,000.00
bq)
To The Town of Buckeye for Fiscal Year 2009-2010 landfill charges, under Agreement 100744, originally approved on January 16, 2002, for the Public Works Department.
$
13,278,795.42
This item is recommended by Ms. Osuna and the Finance Department.
CITYWIDE
ORDINANCE S-36504 -
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 August 26, 2009.
$
40,000.00
a)
To Bound Tree Medical, LLC to amend IFB 07-019, originally awarded on October 4, 2006, to include additional expenditures for cervical collars for the Fire Department.
635,580.00
b)
To Brenntag Pacific, Chandler, to provide copper sulfate pentahydrate on an as-needed basis under IFB 10-007 from September 1, 2009 through August 31, 2011, for the Water Services Department.
233,595.00
c)
To Brown & Caldwell, Inc. to amend Contract 120019, originally approved on November 1, 2006, to expand the scope of services to include water distribution pump station facilities; extend the contract period of service through December 31, 2009; and increase the contract limit in support of the Arc Flash Hazard Analysis and Engineering Program for the Water Services Department.
$
620,200.00
d)
To Central Parking Systems, Inc. to amend Contract 114403, originally approved on December 15, 2004, to add the management of a newly formed Downtown Motor Pool to the services provided under this contract through December 31, 2010, for the Public Works Department.
105,000.00
e)
To Enterprise Data Consulting, LLC to amend Contract 124253, originally approved on April 30, 2008, to provide software maintenance services through June 30, 2013, for the Water Services Department.
1,980,000.00
f)
To Grubb & Ellis Management Services, Inc. to provide property management services from October 1, 2009 through September 30, 2011, for the Public Transit Department.
2,037,750.00
g)
To Hoffman Southwest Corp., dba Professional Pipe Services, to provide sewer cleaning and inspection services under IFB 09-214 from October 1, 2009 through September 30, 2012, for the Water Services Department.
100,000.00
h)
To Reliable Mobile Fleet Service & Repair, Rocklin, CA, to provide small engine equipment maintenance and repair services under IFB 10-005 from September 1, 2009 through August 31, 2010, for the Water Services Department.
167,032.00
i)
To Salt River Project to provide construction services for the construction of irrigation facilities associated with the Southern Avenue Paving - 27th Avenue to 19th Avenue project (ST85100171) for the Street Transportation Department.
65,000.00
j)
To Spalding Salt Company to provide bulk solar salt on an as-needed basis under IFB 09-192 from October 1, 2009 through September 30, 2011, for the Water Services Department.
$
70,000.00
k)
To the following vendors to provide pesticides and organic alternatives/beneficial insects/organisms on an as-needed basis under IFB 10-006 from September 1, 2009 through August 31, 2010, for various City departments:
ADAPCO, Inc., Sanford, FL
Univar USA, Tempe
Target Specialty Products, Tempe
Arizona Biological Control, Inc., Tucson
Kaye Contracting Company, Tempe
78,000.00
l)
To the following vendors to amend IFB 05-219, originally awarded on July 1, 2005, to include additional expenditures for plumbing and rooter services for various City departments:
Hoffman Southwest, dba Roto-Rooter Services/
Plumbing Company, Glendale
Hernandez Companies$
6,132,157.00
This item is recommended by Ms. Osuna and the Finance Department.
CITYWIDE
ORDINANCE S-36505 -
PAYMENT ORDINANCE
Request to authorize the expenditure of public money for payment of claims against the City of Phoenix.
$
16,885.00
a)
To Brown and Caldwell for Change Order 2, Contract 118794, Project WS85100022. Staff initiated the change orders for additional professional services required as part of the Lone Mountain Zone 11 Booster Pump Station (Private Development) project for the Water Services Department, increasing the cost to $395,875. The amount of the original contract is $218,990 and the total project budget is $750,902, none of which is budgeted for construction. The project is 99 percent complete. The Budget and Research Department has confirmed the availability of budgeted Capital Improvement Program funds for the change orders.
$
10,873.00
b)
To HDR, Inc., Omaha, NE, for Change Order 2, Contract 123484, Project WS85050034. Staff initiated the change orders for additional professional services required as part of the Reservoir 1-ES3 Roof Rehabilitation and Miscellaneous Repairs project for the Water Services Department, increasing the cost to $318,325. The amount of the original contract is $206,452 and the total project budget is $3,538,715 of which $2,804,482 is budgeted for construction. The project is 99 percent complete. The Budget and Research Department has confirmed the availability of budgeted Capital Improvement Program funds for the change orders.
11,259.00
c)
To Kimley-Horn and Associates for Change Order 1, Contract 125501, Project PT02120004. Staff initiated the change order for additional professional services required as part of the Phase 2 Expansion of 40th Street and Pecos Road Park and Ride Facility project for the Engineering and Architectural Services Department, increasing the cost to $202,193. The amount of the original contract is $190,934 and the total project budget is $3,007,117 of which $2,800,000 is budgeted for construction. The project is 90 percent complete. The Budget and Research Department has confirmed the availability of budgeted Capital Improvement Program funds for the change order.
9,195.56
d)
To Okland Construction Company, Inc., Tempe, for Change Order 7, Contract 124139, Project PA75300085. Staff initiated the change orders for additional construction required as part of the City of Phoenix Rio Salado Audubon Center and Transition Area project for the Engineering and Architectural Services Department, increasing the cost to $3,599,831. The amount of the original contract is $3,505,900 and the total project budget is $4,886,429 of which $3,889,475 is budgeted for construction. The project is 30 percent complete. The Budget and Research Department has confirmed the availability of budgeted Capital Improvement Program funds for the change orders.
$
48,212.56
This item is recommended by Ms. Osuna and the Finance Department.
DISTRICT 1
ORDINANCE S-36506 -
AMEND ORDINANCE S-35973 WITH RS WARBIRDS
Request to amend Ordinance S-35973 adopted by City Council on April 1, 2009, which authorized the City Manager to enter into a corporate hangar lease with RS Warbirds, LLC at Phoenix Deer Valley Airport.
Ordinance S-35973 incorrectly described the leased premises. The Aviation Department requests authorization to amend the ordinance to change the description of the leased premises to 10,000 square feet of hangar space; 2,924 square feet of adjoining office and storage space; and also adjacent apron space, a wash pad, eight uncovered aircraft tie downs, and eight airside vehicle parking positions.
All other terms and conditions of the contract will remain as originally approved.
RS Warbirds, LLC is eligible to do business with the City of Phoenix through February 27, 2011, by its compliance with the affirmative action requirements of the City Code, Chapter 18, Section V.
This item is recommended by Ms. Hurtado and the Aviation Department.
DISTRICT 8
ORDINANCE S-36507 -
AMEND CONTRACT 118187 WITH SCHEIDT & BACHMANN USA, INC.
Request to authorize the City Manager, or his designee, to amend Contract 118187 with Scheidt & Bachmann USA, Inc. (S&B) to exercise renewal Option 4 for ongoing maintenance of Aviation's Parking Revenue Control System (PRCS) from December 1, 2009 to November 30, 2010.
S&B is the manufacturer of PRCS. The PRCS provides all the equipment, computers, and software needed to operate the parking facilities at all the terminals and the economy lots located at Phoenix Sky Harbor International Airport.
Financial Impact
The cost of renewal Option 4 will not exceed $1,505,000. This is the final renewal option for Contract 118187. Funds are available in the Aviation Department's Operating budget.
Affirmative Action
Scheidt & Bachmann USA, Inc. is eligible to do business with the City of Phoenix until January 13, 2010, 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.
DISTRICT 8
ORDINANCE S-36508 -
RIGHT-OF-ENTRY AND ACCESS AGREEMENT WITH HONEYWELL, INC. - SKY HARBOR AIRPORT
Request to authorize the City Manager, or his designee, to enter into a right-of-entry and access agreement with Honeywell, Inc. to access City-owned land leased to WM Recycle America, LLC at 3101 East Madison Street.
The Aviation Department acquired the property at 3101 East Madison Street from Waste Management of Arizona in 2008 and subsequently entered into a lease agreement with WM Recycle America, LLC.
As part of the Motorola 52nd Street Superfund Site and the Honeywell Facility Feasibility Study, the Arizona Department of Environmental Quality (ADEQ) has required Honeywell to install, monitor, and maintain two groundwater wells on the property. Honeywell, Inc. needs future access to the property to comply with ADEQ requirements.
The Aviation Department recommends entering into a no-cost right-of-entry and access agreement with Honeywell, Inc. subject to the following terms and conditions:
1.
The access agreement will be for a period of four years with one, five-year renewal period exercisable at the sole discretion of the Aviation Director.
2.
Honeywell shall request the renewal option by providing a 120-day written notice to the City.
3.
The right-of-entry and access agreement may contain other terms and conditions as deemed necessary by the City.
4.
Either party can provide notice at any time to terminate the agreement that specifies the date of termination. The City shall provide a 30-day notice so Honeywell can notify ADEQ.
This item is recommended by Mr. Maxwell and the Aviation Department.
CITYWIDE
ORDINANCE S-36509 -
AMENDMENT 1 TO ARIZONA DEPARTMENT OF TRANSPORTATION REIMBURSABLE GRANT AGREEMENT E7S18
Request to authorize the City Manager, or his designee, to amend Contract 120478 with the Arizona Department of Transportation (ADOT) for Airport Development Reimbursable Grant Agreement E7S18.
This Airport Development Reimbursable Grant Agreement was awarded to fund the Salt River Planning Study for the Phoenix Sky Harbor International Airport. The Reimbursable Grant Agreement value is $202,500 and approximately $30,772 remains to be reimbursed from ADOT. The current agreement expired on June 30, 2009. The Arizona Department of Transportation has issued an amendment due to the shortage of funds available in the State Aviation fund.
This amendment will extend the Airport Development Agreement until the State is able to meet its obligation to provide funds, or until June 30, 2011, whichever is earlier.
This item is recommended by Mr. Maxwell and the Aviation Department.
CITYWIDE
ORDINANCE S-36510 -
TOHONO O'ODHAM NATION TRIBAL SUMMER GAMING GRANTS 2009
Request to authorize the City Manager to apply for and, if awarded, accept up to $100,000 in new funding from the Tohono O'odham Nation in 2009 for:
•
Southwest Center for HIV/AIDS: $100,000 for programs and services that will serve an estimated 1,600 persons at-risk or living with HIV/AIDS through testing, connection to testing services, and education.
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 Tohono O'odham Nation 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 also requested for the City Controller to disburse funds as directed by the Tohono O'odham Nation in connection with this grant.
Financial Impact
There is no budgetary impact to the City of Phoenix and no General Purpose funds are required. Entities 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/ Government Relations.
CITYWIDE
ORDINANCE S-36511 -
PAYMENT OF LEAGUE OF ARIZONA CITIES AND TOWNS ANNUAL DUES FOR 2009-2010
Request to authorize the City Controller to disburse funds to the League of Arizona Cities and Towns (League) for payment of the 2009-2010 annual dues and assessments.
The League has reduced its annual dues from $138,000 to $120,000 for this fiscal year. Approval is requested for payment of the annual dues for the League for the fiscal year beginning July 1, 2009 to June 30, 2010. The League dues are based on a cost of $0.45 per person for every city in the state except for the larger cities. The City of Phoenix' dues amounts to a greatly reduced $0.08 per person. This is the lowest amount any city in the state pays per capita.
This item is recommended by Mr. Fairbanks and the City Manager's Office/ Government Relations.
CITYWIDE
ORDINANCE S-36512 -
AMEND CONTRACT WITH MCCCD FOR ADDITIONAL SOFT-SKILLS TRAINING
Request to authorize the City Manager, or his designee, to amend Intergovernmental Agreement (IGA) 121573 with the Maricopa County Community College District (MCCCD) for the provision of Soft-Skills Workshops, and further authorize the City Controller to disburse funds.
The amended IGA will be for the period of July 1, 2009 through June 30, 2010, for an additional 60 on-site Soft-Skills Workshops in the amount not to exceed $105,420. The additional funds will benefit the larger than expected volume of participants enrolled in the Adult and Dislocated Worker programs.
Soft-Skills Workshops promote workplace readiness skills and include the subject areas of communication, teamwork, critical thinking, and customer service. The Soft-Skills Workshops help individuals upgrade identified soft-skill deficiencies.
Financial Impact
No General Purpose funds are required. This program is funded by Workforce Investment Act Grant funds.
Affirmative Action
Maricopa County Community College District is a governmental entity and is exempt from the affirmative action compliance requirements of the City Code, Chapter 18, Article IV or V.
This item was recommended for approval by the Phoenix Workforce Connection Executive Committee at its August 6, 2009 meeting.
This item is also recommended by Ms. Hurtado and the Community and Economic Development Department.
CITYWIDE
ORDINANCE S-36513 -
TELECOMMUNICATIONS SERVICES LICENSE TO ELECTRIC LIGHTWAVE, LLC, DBA INTEGRA TELECOM
Request to grant a nonexclusive, revocable license to Electric Lightwave, LLC, dba Integra Telecom, to construct, install, operate, maintain, and use a telecommunications system in, under, over, and across public highways and public rights-of-way to provide telecommunications services and interstate telecommunications services; providing that the license is subject to the terms and conditions contained in the license and the Phoenix City Code; providing that the license shall expire five years from the effective date of the license; authorizing the City Manager to execute a license; and providing for the license executed by the City Manager to be void if not signed within 60 days.
The license includes requirements for insurance, a performance bond, a security fund, installation, and operation of facilities, abandonment of facilities, and for transferability and revocation of the license.
This item is recommended by Mr. Zuercher and the Engineering and Architectural Services Department.
DISTRICT 1
ORDINANCE S-36514 -
LEASE SPACE FOR A POLICE OFFICE - 42323 NORTH VISION WAY, ANTHEM, ARIZONA
Request to authorize the City Manager, or his designee, to lease approximately 400 square feet from Anthem 23, LLC (Owners) for the operation of a police office. Anthem Parkside Community Association (Parkside), an Arizona non‑profit corporation and Anthem Community Council, Inc. (Council) are responsible for the operation of the Anthem community and desirous of addressing the crime issues within the Anthem community.
The agreement will contain the following terms and conditions:
1.
Lease Term:
One Year
2.
Options:
Four, one-year options with 60 days written notice.
3.
Base Rent:
$1 per annum
4.
Utilities/Telecommunications:
Parkside agrees to furnish and provide utilities for the unit occupied by the Phoenix Police Department at Parkside's sole expense except for any City of Phoenix connectivity.
Water/trash service will be paid by Owners.
Electrical expenses will be paid by Council.
5.
Maintenance:
Owners will perform routine maintenance of air conditioning systems.
6.
Signage:
Shall comply with signage requirements of Council and City of Phoenix Sign Code.
7.
Parking:
Provided at Council discretion.
8.
Insurance:
Agreement will contain insurance and indemnity provisions acceptable to the City's Risk Management Division and the City Attorney.
9.
Equipment and Furniture:
Equipment and furniture provided by the City may be removed by the City at the termination of the agreement.
10.
Cancellation:
Arizona Revised Statutes 38-511. Additionally, agreement may be cancelled by either party with 30 days written notice.
11.
Other
The agreement may contain such other terms and conditions deemed necessary or appropriate.
Further authorizing the City Controller to pay expenses associated with this lease.
Affirmative Action
Anthem 23, LLC is eligible to do business with the City of Phoenix until July 31, 2011, by their compliance with the affirmative action requirements of the City Code, Chapter 18, Article IV or V. They are responsible for maintaining their eligibility during the life of the contract and failure to do so may result in termination of the contract.
Anthem Community Council, Inc. is eligible to do business with the City of Phoenix until July 31, 2010, by their compliance with the affirmative action requirements of the City Code, Chapter 18, Article IV or V. They are responsible for maintaining their eligibility during the life of the contract and failure to do so may result in termination of the contract.
Anthem Parkside Community Association is eligible to do business with the City of Phoenix until July 31, 2011, by their compliance with the affirmative action requirements of the City Code, Chapter 18, Article IV or V. They 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 Public Safety Manager and the Deputy Finance Director.
This item is also recommended by Mr. Washington.
DISTRICT 5
ORDINANCE S-36515 -
AMEND ORDINANCE S-33919 - ACQUIRE THREE PARCELS FOR STREET IMPROVEMENTS - CAMELBACK ROAD - AGUA FRIA RIVER TO 99TH AVENUE
Request to amend Ordinance S-33919 adopted May 9, 2007, which authorized the acquisition of portions of three parcels of improved or vacant land, located along Camelback Road from the Agua Fria River to 99th Avenue.
The amendment is needed to authorize the City Manager, or his designee, to except Maricopa County Flood Control District, its officers, employees, agents, and assigns from the requirements of Phoenix City Code Section 42-13(A) concerning indemnification and assumption of liability by the City of Phoenix.
Further authorizing the City Controller to disburse funds for administrative costs and fees or expenses associated with 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 7
ORDINANCE S-36516 -
AMEND ORDINANCE S-36182 - SALT RIVER PROJECT ELECTRICAL EASEMENT FOR TRES RIOS 12KV FACILITIES
Request to amend Ordinance S-36182 adopted June 3, 2009, to modify the legal description.
The above referenced ordinance authorized the City Manager to grant to Salt River Project an electrical easement located at 91st Avenue and Roeser Road across Assessor Parcel Numbers 101-34-003E, 101-37-003A, 101-37-004, and 101-37-107A in order to accommodate the relocation of electrical facilities for the Tres Rios project.
This bears the recommendation of the Water Services Director and the Deputy Finance Director.
This item is also recommended by Mr. Cavazos.
DISTRICT 8
ORDINANCE S-36517 -
AMEND LEASE 114335 FOR STREET TRANSPORTATION TEMPORARY SITE AT 1005 EAST MADISON
Request to authorize the City Manager, or his designee, to amend Lease Agreement 114335 between Arizona Public Service Company and the City of Phoenix. The City currently leases four lots located at 1005 East Madison, containing approximately 27,800 square feet of land needed as a temporary site for the Street Transportation Department Design and Construction Management functions. The current agreement expires December 31, 2009. The Street Transportation Department has requested an extension of this agreement.
The amendment will authorize an extension of the current term for five years with two, one-year options.
Further authorizing the City Controller to disburse payment of rent as necessary.
All other terms and conditions of the lease will remain unchanged.
Affirmative Action
The subject firm is eligible to do business with the City of Phoenix until August 18, 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 its 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 Street Transportation Director and the Deputy Finance Director.
This item is also recommended by Mr. Zuercher.
OUT OF CITY
ORDINANCE S-36518 -
INTERIM RIGHT-OF-ENTRY AND EXCHANGE LAND WITH ARIZONA GAME AND FISH FOR TRES RIOS
Request to authorize the City Manager, or his designee, to enter into an interim right-of-entry agreement for a period of one year between the Arizona Game and Fish Commission and the City Of Phoenix, for access to, and maintenance of, two guide dikes and a drainage ditch constructed for the Tres Rios project.
In addition, request approval that the State of Arizona and Arizona Game and Fish, its officers, employees, agents, and assigns be excepted from the requirements of Phoenix City Code Section 42-13(A) concerning indemnification and assumption of liability by the City of Phoenix.
Further request authorization to convey all, or portions of, Assessor Parcel Numbers 101-44-010D and 101-44-002A from the City of Phoenix to Arizona Game and Fish in exchange for the areas encumbered by two guide dikes and a drainage ditch, owned by Arizona Game and Fish, located along the Tres Rios Levee, east of 115th Avenue. The land area to be conveyed to Arizona Game and Fish will be determined by an appraisal, and will be of equal value to the land encumbered by the two guide dikes and a drainage ditch, to be conveyed to the City of Phoenix. This exchange will occur subsequent to the final order of condemnation of Assessor Parcel Number 101-44-002A.
Further authorizing the City Controller to disburse funds for administrative costs and fees, appraisal fees, and other expenses associated with this interim right‑of‑entry and subsequent land exchange.
Financial Impact
Funding is available in the Water Services Department's Capital Improvement Programs using bond and Sub-Regional Operating Group funding.
This bears the recommendation of the Water Services Director and the Deputy Finance Director.
This item is also recommended by Mr. Cavazos.
DISTRICT 4
ORDINANCE S-36519 -
AMEND ORDINANCE S-36094 - ACQUISITION OF THE DEED OF TRUST AND NOTE FOR THE PINE CREST APARTMENTS
Request to amend Ordinance S-36094 adopted May 6, 2000, authorizing the City Manager, or his designee, to engage in certain actions for the City to acquire from the U.S. Department of Housing and Urban Development (HUD) via negotiated sale the deed of trust note and deed of trust for Pine Crest Apartments (Project) located at 2601 West Claremont Street, Phoenix, Arizona 85017 (Property) or acquire from HUD title to the Property, and convey the deed of trust note and deed of trust or the Property to a qualified third party purchaser chosen pursuant to a Request For Proposals (RFP) to be issued by the City. Ordinance S-36094 authorized the City to simultaneously close on the HUD purchase transaction and the third party purchaser sale transaction, but provided that the HUD closing could not occur if the third party purchaser closing did not occur.
The City issued an RFP on June 5, 2009, seeking proposals from prospective qualified third party purchasers for the third party purchaser sale transaction. Shortly after the RFP was issued, HUD notified the City that it was going to re‑evaluate the sales price of the deed of trust note based on changes in federal law.
The City issued an addendum to the RFP on June 16, 2009, delaying the procurement schedule until such time as the City received the revised purchase price from HUD.
On August 7, 2009, the City received a letter from HUD containing the revised purchase price for the deed of trust note. However, HUD has not yet committed to a closing date for the HUD purchase transaction. Therefore, it will be difficult for the City to issue the second addendum to the RFP or reissue the RFP (if the original RFP is withdrawn) and for a third party purchaser to meet the terms and conditions of the City's RFP to demonstrate its capacity to operate the Project and obtain financing commitments in time for the City to be able to simultaneously close on the HUD purchase transaction and the third party purchaser sale transaction.
It is requested the prior authority granted in Ordinance S-36094 be amended to request additional authorization for the City Manager, or his designee, to take the following actions for the City to acquire from the HUD via negotiated sale the deed of trust note and deed of trust for the Property and/or to gain control of the Project, as determined necessary by the Housing Department (Department).
1.
Allow the note purchase and sale transactions to not occur simultaneously.
2.
Amend the RFP to permit applicants to request funds from the City. (Approval of any loan would be subject to Council approval.)
3.
If the Department determines there are no suitable third party purchasers, and determines that it would be in the City's best interest to gain control of the Project, the City is permitted to retain the deed of trust note and deed of trust and acquire title to the Property through a foreclosure or trustee's sale or acceptance of a deed in lieu of foreclosure and maintain the Project as part of the City's affordable housing portfolio.
4.
Reduce the total expenditures from $10 million to $3 million.
This also requests to authorize the City Treasurer to accept all funds relating to the Project and the City Controller to disburse the necessary funds.
Financial Impact
The cost of the requested actions will not impact the City of Phoenix General Purpose fund. Funding is available in the Housing Department's Capital Improvement Program budget.
This item is recommended by Mr. Naimark and the Housing Department.
CITYWIDE
ORDINANCE S-36520 -
AMEND CONTRACT 125662 TO ACCEPT AND DISBURSE GRANT FUNDS FROM PRIDE
Request to amend Contract 125662 to accept funds related to a $4,000 grant award to the Housing Department from the Phoenix Residential Investment Development Effort (PRIDE) Board. Authorization is also requested for the City Controller to disburse the funds.
At their regularly scheduled meeting on Tuesday, April 28, 2009, the PRIDE Board approved a $4,000 grant to the Housing Department to fund the Housing Now program, which assists new residents of public housing with expenses associated with moving, including but not limited to: transportation costs, utility hook-up fees, security deposits, and prorated rent. The effective date of the amendment was May 1, 2009.
PRIDE is a private, non-profit, non-stock corporation created in 1989 with Board members appointed by the City Council to assist in the community's effort to provide affordable housing within the City of Phoenix.
Housing Impact
The Housing Now program will help low-income families in Phoenix secure safe and permanent housing with access to supportive services through the Housing Department's public housing program.
Financial Impact
There is no impact on the General Purpose fund. Funds will be provided through a grant from the PRIDE Board.
This item is recommended by Mr. Naimark and the Housing Department.
CITYWIDE
ORDINANCE S-36521 -
CREATE ENTITIES TO SUPPORT HOUSING DEVELOPMENT PROJECTS
Request to create entities to implement capital improvement projects, in anticipation of possibly obtaining American Recovery and Reinvestment Act (ARRA) grants.
The Housing Department obtained approval from the City Council on May 20, 2009, to prepare and submit grant application(s) for all HOPE VI, mixed-finance, and leveraged funding opportunities that arise on or before December 31, 2010. Subsequently, the department applied for five federal grants under the ARRA to implement capital improvements at certain of the City's housing properties.
The entities created will allow the Housing Department to leverage City resources with low income housing tax credit equity and other funding. Approval is requested at this time as creation of the entities requires about two months and time is of the essence if the City receives the awards.
This requests authorization for the City Manager, or his designee, to:
1.
Cause five Arizona non-profit corporations (collectively the "Corporations"), to be incorporated, with names selected by the Housing Department, subject to approval by the Arizona Corporation Commission, to be operated on a non-profit basis, exclusively as instrumentalities of the City of Phoenix, to implement the following projects that may be funded by federal ARRA grants, if awarded (collectively the "Projects"):
A.
Green Retrofit Program for Sunnyslope Manor using Green Retrofit Program (GRP) grant funds;
B.
A Green Retrofit Program for Fillmore Gardens using GRP grant funds;
C.
Energy efficiency upgrades at Foothills Village using Capital Fund Recovery Competitive (CFRC) grant funds;
D.
Energy efficiency upgrades at Marcos de Niza using CFRC grant funds; and
E.
Transformation of Foothills Village using CFRC grant funds.
2.
Authorize the Housing Director to serve as the sole incorporator of the Corporations and appoint Deputy City Manager Rick Naimark, Deputy City Manager Ed Zuercher, and Budget and Research Director Cathleen Gleason to serve as the initial members of the Board of Directors of the Corporations.
3.
Cause each Corporation to form a new limited liability company (LLC), of which the Corporation will be the managing member, with authority and direction to procure any and all sources of funding that may be available to finance the Project to be carried out by each Corporation, by submitting applications for low income housing tax credits (LIHTCs), seeking LIHTC equity financing, obtaining grants and loans, and pursuing other funding that may be available for that purpose.
4.
Authorize the City, the Corporations, and the LLCs to engage in financing and other transactions, to execute all necessary instruments and contractual documents, including promissory notes, deeds of trust, and take all other necessary action to effectuate and operate the Projects if funding is awarded for that purpose.
5.
Use the proceeds of the grants, loans, and other financing and funding sources, directly or through the Corporations and/or the LLCs, to carry out the Projects.
This further requests to authorize the City Treasurer to accept all funds relating to the Project and the City Controller to disburse the necessary funds.
Financial Impact
There is no impact on the General Purpose fund.
This item is recommended by Mr. Naimark and the Housing Department.
DISTRICT 8
ORDINANCE S-36522 -
DEVELOPMENT AND OPERATING AGREEMENT WITH BOYS & GIRLS CLUB
Request to authorize the City Manager to enter into a development and operating agreement with the Boys & Girls Club of Metropolitan Phoenix in the amount of $495,000 in 2006 Capital Improvement Program Bond Program funds. Funds will be used to assist in the expansion and renovation of the Dave Pratt Dental Clinic located at 1601 West Sherman Street.
Authorization is also requested for the City Controller to disburse the necessary funds and pay all claims against the City associated with this agreement.
As part of the 2006 Human Services Bond Program, the Boys & Girls Club of Metropolitan Phoenix was awarded $495,000 to assist in the expansion and renovation of the Dave Pratt Dental Clinic which provides dental services to income-eligible children up to age 18. The development and operating agreement is a requirement for community organizations receiving 2006 bond funds.
The bond funds would be used for the design and construction services and purchase of commodities for the following items:
•
Expand the waiting room and reception area.
•
Add one operatory station that includes plumbing and electricity.
•
Add and improve equipment storage that includes separate areas for sanitized and used equipment.
•
Purchase shelving for pre-fabricated equipment trays.
•
Increase and enhance record storage facilities.
Affirmative Action
The subject firm is eligible to do business with the City of Phoenix until January 30, 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.
Financial Impact
The 2006 bond funds are available in the Human Services Capital Improvement Program for 2009-2010.
This item is recommended by Mr. Krietor and the Human Services Department.
CITYWIDE
ORDINANCE S-36523 -
RETROACTIVE AGREEMENT WITH HUD TO ACCEPT ARRA FUNDING FOR THE HPRP PROGRAM
Request to authorize the City Manager to retroactively enter into an agreement with the Department of Housing and Urban Development (HUD) effective August 17, 2009, and accept $6,996,243 in Homelessness Prevention and Rapid Re-Housing (HPRP) stimulus funding under the American Recovery and Reinvestment Act (ARRA).
Authorization is also requested for the City Controller to accept and disburse the necessary funds and pay all claims against the City associated with this agreement.
The Homelessness Prevention and Rapid Re-Housing Program is HUD's implementation of the ARRA Homelessness Prevention fund and will provide financial assistance and case management services to prevent individuals and families from becoming homeless and help those who are experiencing homelessness to be quickly re-housed and stabilized.
The funding will assist approximately 1,340 households with eviction prevention and rapid re-housing services and must be fully expended within three years.
The funding also allowed for establishing temporary positions including one Caseworker III, three Caseworker II's, and a Housing Inspector to administer funds and provide supportive services to the households served under this program.
Financial Impact
No general funds are required to accept funding. There are no matching fund requirements.
This item is recommended by Mr. Maxwell and the Human Services Department.
CITYWIDE
ORDINANCE S-36524 -
License agreement for OverDrive downloadable eMedia FOR THe PHOENIX Public Library
Request to authorize the City Manager, or his designee, to execute the contract with OverDrive, Inc. for the licensing of downloadable eMedia, such as eBook, audiobooks, movies, and music, to be made available through the Greater Phoenix Digital Library. The Greater Phoenix Digital Library is a consortium of ten Central Arizona library systems for the collective purchase of digital media to increase the accessibility of diverse materials at a reduced cost that is shared by each member library.
OverDrive is a sole-source product and there are no other options or access to this kind of product for the Phoenix Public Library. The total cost for the first year is up to $300,000. Also request to authorize the City Controller to disburse funds up to $900,000 over the lifetime of the contract.
The contract period is from November 1, 2009 through October 31, 2012, with the option to renew it for two periods of one year each.
Funds are available in the Library's Operating budget.
Affirmative Action
This subject firm is eligible to do business with the City of Phoenix until August 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 Ms. Osuna and the Library Department.
CITYWIDE
ORDINANCE S-36525 -
DISBURSE HOUSING REHABILITATION, WEATHERIZATION, HEALTHY HOMES, AND LEAD FUNDS
Request to authorize the City Manager to fund individual grants and loans for agreements with contractors listed below, the sum of which will not exceed the Housing Rehabilitation, Weatherization, Healthy Homes, and Lead Hazard Control programs' allocations, totaling $10 million from federal (including American Recovery and Reinvestment Act), state, and private sources. These programs are consistent with the City Council's desire to move forward with construction-related activities in an effort to create jobs and stimulate the local economy.
Further request authorization for the City Controller to receive and disburse, through a continuing payment authority, the necessary funds up to the total program allocations.
The following contractors have qualified to bid for Neighborhood Services Department programs. Each job is competitively bid among the qualified contractors:
Housing Rehab Contractors
Affirmative Action Expiration Date
Labor's Community Services Agency
04/22/10
Bloom Builders, LLC
02/28/11
Plumbing Specialist
07/21/11
Sundance Industries, LLC
05/18/10
AP Builders, Inc.
05/14/11
Noble Building, LLC
06/05/11
Hawk Builders, LLC
05/28/11
Overton Builders, LLC
06/22/11
MAC Homes Construction, LLC
04/14/11
RB Builders
07/14/10
Decca Multi-Family
07/30/11
Cross Mechanical
06/24/11
Platinum Homes & Development
06/29/11
Stone Kat Development
07/22/11
Home Repairs & Remodeling
05/27/11
Conquest General, Inc.
06/09/11
Kohrs Construction
08/03/11
Kitchell
05/24/11
Well Done Construction, LLC
03/25/11
InterMediate, Inc. ,dba Envirizona
06/08/11
Aspire Constracting, Inc.
07/20/11
Jokake Electric
08/28/10
Fix it 4 u Home Repair, LLC
05/05/11
RML Electric, Inc.
06/22/11
Combs Services
07/21/11
H.K. Construction
06/23/11
Millers Mud & More, LLC
07/24/11
Advanced Energy Efficiency & Environmental Quality
05/11/11
Kovar Construction, Inc.
07/27/11
Copper State Custom Homes, LLC, dba Energy Edge
07/13/11
Iceberg Electric
08/03/11
Lindberg Constructions, Inc.
08/03/11
Sal Jr., LLC
08/04/11
TSG Constructors
08/03/11
Desert State Air Conditioning, LLC
08/03/11
Green Fuel Technologies
07/31/10
Metroplex
06/22/11
Kolsrud Enterprises, LLC
04/22/10
Contractors Abatement Services
06/28/11
Tilton Energy Solutions, LLC
06/03/11
Koo Design Build, Inc.
02/10/11
Serrano Painting & Decorating
01/26/10
Sun Valley Kitchens
10/10/10
SWABS
01/27/11
Affirmative Action
The subject firms are eligible to do business with the City of Phoenix through the dates listed above and are in compliance with the affirmative action requirements of the City Code, Chapter 18 Article IV or V. The 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 item is recommended by Mr. Naimark and the Neighborhood Services Deprartment.
CITYWIDE
ORDINANCE S-36526 -
G.R.E.A.T. LOCAL TRAINING PROGRAM - 2009
Request to authorize the City Manager to execute a contract between the Phoenix Police Department and the Department of Justice, Office of Justice Programs, to accept funds in an amount not to exceed $125,000 for the G.R.E.A.T. Local Training Program.
Authorization is also requested for the City Controller to receive and disburse funds. The funding period is from July 1, 2009 thru December 31, 2010.
The Local Gang Resistance Education and Training (G.R.E.A.T.) Unit provides the G.R.E.A.T. curriculum to school districts throughout the city in an effort to prevent youth crime, violence, and gang involvement, while encouraging community and family involvement. As in previous years, grant funds will be used for salaries, training, overtime, and administrative costs to operate the G.R.E.A.T. program in the classroom.
There is a $13,889 in-kind match that will be met through department resources.
This item is recommended by Mr. Washington and the Police Department.
CITYWIDE
ORDINANCE S-36527 -
G.R.E.A.T. SOUTHWEST REGIONAL TRAINING PROGRAM - 2009
Request to authorize the City Manager to execute a contract between the Phoenix Police Department and the U.S. Department of Justice, Bureau of Justice Assistance, to accept funds in an amount not to exceed $310,000 for Fiscal Year 2009-2010 for the Gang Resistance Education and Training (G.R.E.A.T.) Southwest Regional Training Program. Authorization is also requested for the City Controller to receive and disburse funds. The funding period is through December 31, 2010. Funds will continue to be used as follows:
Personnel
$127,715
Fringe Benefits
$ 68,700
Travel
$ 51,339
Supplies
$ 40,850
Contractual
$ 14,916
Other
$ 6,480
Total
$310,000
The personnel and fringe costs are comprised of one full-time sworn police sergeant and one full-time sworn police officer. The grant covers about 48 percent of the full-time sworn police sergeant cost and about 55 percent of the full-time officer cost.
The G.R.E.A.T. Southwest Regional Training Program provides G.R.E.A.T. curriculum instruction to law enforcement officers from across the country. Trained officers then conduct G.R.E.A.T. local training programs in their cities.
No matching funds are required.
This item is recommended by Mr. Washington and the Police Department.
DISTRICT 7
ORDINANCE S-36528 -
ST85100172 - CONSTRUCTION SERVICE AGREEMENT WITH SALT RIVER PROJECT TO INSTALL 15 NEW STREETLIGHTS
Request to authorize the City Manager, or his designee, to enter into an agreement with Salt River Project for the installation of 15 new streetlights in conjunction with the improvement of 43rd Avenue from Lower Buckeye Road to Mohave Street, and further authorize the City Controller to disburse funds.
Financial Impact
The $50,000 project cost will be funded through the Street Transportation Department's Arizona Highway User Revenue funds.
Citizen Notification
No citizen notification is required.
This item is recommended by Mr. Zuercher and the Street Transportation Department.
DISTRICT 6
RESOLUTION 20846 -
AMEND RESOLUTION 20805 TO CORRECT LEGAL DESCRIPTION CONCERNING ABANDONMENT V-090002A
Request to amend Resolution 20805, approved by Council on May 6, 2009. The legal description of the public right-of-way attached to the resolution as Exhibit A was written incorrectly. This amendment corrects this deficiency.
This item is recommended by Mr. Cavazos and the Development Services Department.
DISTRICT 6
RESOLUTION 20847 -
ABANDONMENT OF RIGHT‑OF‑WAY - V‑090013A
Request to abandon the right-of-way described below as it is no longer needed.
On May 13, 2009, the Abandonment Hearing Officer considered the application of Connie Wilhelm to abandon the north 20 feet of the Rose Lane right-of-way adjacent to the south property line of the parcel addressed 138 West Rose Lane.
The Hearing Officer recommended approval of the adoption of the abandonment, subject to stipulations that have been satisfied.
A fee was collected as part of this abandonment in the amount of $263.60.
Following established review procedures, no objections to the Hearing Officer's recommendation have been received from City Council or other parties.
This item is recommended by Mr. Cavazos and the Development Services Department.
CITYWIDE
RESOLUTION 20848 -
APPLY FOR TWO GRANTS FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Request to authorize the City Manager, or his designee, to apply for two grants from the U.S. Department of Housing and Urban Development (HUD). If awarded, these grants would provide funding to continue programs in the Housing Department that provide services to residents of the City's public housing facilities. If not funded, the programs may be discontinued. The two grants are as follows:
•
Public Housing Family Self Sufficiency (FSS) Coordinator - This grant would provide up to $68,000[m1] for one year. The funds will be used to provide case management that will assist participating families with gaining the critical tools necessary to develop skills in order to achieve economic self-sufficiency. The application for this grant was submitted to HUD on August 7, 2009. If City Council does not approve the submission, the application will be withdrawn.
•
Resident Opportunities and Self Sufficiency (ROSS) Service Coordinator - This grant would provide up to $720,000 for three years. The funds will be used to pay for service coordinators who work to develop local strategies for coordinating the use of assistance under the public housing program with public and private resources, for supportive services, and resident empowerment activities.
Housing Impact
If awarded by HUD, these grants will further the Housing Department's goal of encouraging self-sufficiency for the low income families that participate in assisted housing programs.
Financial Impact
The ROSS Grant requires a 25 percent match. The match requirement will be met by providing office and classroom space for the program.
This item is recommended by Mr. Naimark and the Housing Department.
[m1]Can HUD award less than $68,000 or is it all or nothing? If HUD can award less than $68,000, I suggest revising this to "up to $68,000".