ORDINANCES AND RESOLUTIONS

ORDINANCES AND RESOLUTIONS

DISTRICT 8

ORDINANCE G-5300 -

AMEND CITY CODE -

TAXICAB METER RATE ANALYSIS AND PROPOSED RATE INCREASE

Request to authorize the City Manager to amend Article IV, § 4-83, Subsection A of the Phoenix City Code to increase the taxicab meter rate from $2.00 to $2.10 per each additional mile and to provide for an increase in the traffic delay charge from $20.00 to $21.00. All other rates in § 4-83 will remain the same.

Taxicab meter rates are reviewed on an annual basis using the CPI-U for the West Transportation industry.

In November 2008, the ground transportation staff researched current CPI-U for the West Transportation industry. The CPI-U for the West Transportation industry increased 5.2 percent over a three-year period from October 2005 to October 2008.

Financial Impact

Staff recommends an increase of approximately 5.2 percent in the taxicab meter rate from $2.00 to $2.10 per each additional mile and an increase in the traffic delay charge from $20.00 to $21.00 to ensure a consistent and objective application of the CPI-U as has been used in the past.

The Phoenix Aviation Advisory Board recommended approval of this item at its December 18, 2008 meeting.

This item is also recommended by Mr. Krietor and the Aviation Department.

ITEM 22

OUT OF CITY

ORDINANCE S-35755 -

LEASE CITY-OWNED LAND LOCATED IN MCMULLEN VALLEY, LA PAZ COUNTY, ARIZONA - FARMING PURPOSES

(Continued from December 17, 2008, and January 7, 2009) - Request to authorize award of a bid for a farming lease and to authorize the City Manager, or his designee, to enter into a lease agreement between the City of Phoenix and William K. Perry Farms for approximately 10,076 acres of City-owned land and to sublease approximately 1,040 acres of land leased by the City from the State of Arizona Land Department for farming and agricultural purposes.

On September 24, 2008, the City of Phoenix offered this property under a Sealed Bid Lease Opportunity. This was advertised in 14 publications throughout the state, with packages sent to 13 entities in response to this advertising.

The written responses to this solicitation were reviewed by an evaluation panel consisting of representatives from Water Services, Finance, and Public Works Departments. There was an additional presentation by the submitters on November 19, 2008. The evaluation panel scored the proposals on a 100-point scale in the areas of rental rate, managerial stability, and farming qualifications. The panel's scores were averaged for each firm and are as follows:

Firm Name		Score
LKH Farming		84
William K. Perry Farms		94

William K. Perry Farms having received the highest number of points is recommended by the panel.

The lease will contain the following terms and conditions:

1.	Lease Term:	Five years.
2.	Option:	Five-year option with request from tenant and approval by the City with 120 days written notice.
3.	Government Regulations:	Tenant will comply with all applicable federal, state, and local government rules and regulations.
4.	Cancellation	Arizona Revised Statutes 38-511. Lease may also be cancelled by either party with 18 months prior written notice.
5.	Rental Rate:	Annual fee of $500,000 to be paid semi-annually. Any rental payment not paid by the due date shall accrue a delinquency payment equal to 7 percent per annum.
6.	Maintenance:	Tenant is responsible for the operation and upkeep of the leased premises including utilities, weed control, wells and well equipment, farm roads, ditches, sumps, culverts, and other irrigation facilities.
7.	Insurance:	Lease will contain insurance and indemnity provisions acceptable to the City's Risk Management Division and the City Attorney.

8.	Utilities:	Tenant is responsible for purchasing power directly from McMullen Valley Water Conservation and Drainage District.
9.	Land Withdrawals:	City reserves the right to withdraw land as necessary from the non-irrigable acreage to be used for other purposes.
10.	Other:	The lease may contain such other terms and conditions deemed necessary or appropriate.

Utilities:

Tenant is responsible for purchasing power directly from McMullen Valley Water Conservation and Drainage District.

Land Withdrawals:

City reserves the right to withdraw land as necessary from the non-irrigable acreage to be used for other purposes.

10.

Other:

The lease may contain such other terms and conditions deemed necessary or appropriate.

Affirmative Action

The subject firm is eligible to do business with the City until May, 2009, by its compliance with the affirmative action requirements of the City Code, Chapter 18, Article IV or V. The firm is responsible for maintaining their eligibility during the life of the contract and failure to do so may result in termination of the contract.

This bears the recommendation of the Assistant Water Services Director and the Deputy Finance Director.

This item is also recommended by Ms. Stark.

ITEM 23

OUT OF CITY

ORDINANCE S-35756 -

LEASE CITY-OWNED LAND LOCATED IN MCMULLEN VALLEY, LA PAZ COUNTY, ARIZONA - GRAZING LIVESTOCK

(Continued from December 17, 2008, and January 7, 2009) - Request to authorize award of a bid for a grazing lease and to authorize the City Manager, or his designee, to enter into a lease agreement between the City of Phoenix and Michael D. McPherson for approximately 1,920 acres of City-owned land and related improvements located in McMullen Valley, La Paz County, Arizona, to be used for grazing purposes.

On September 24, 2008, the City of Phoenix offered this property under a Sealed Bid Lease Opportunity. This was advertised in 14 publications throughout the state with packages sent to 13 entities in response to this advertising.

The written responses to this solicitation were reviewed by an evaluation panel consisting of representatives from Water Services, Finance, and Public Works Departments. There was an additional presentation by the submitters on November 19, 2008. The evaluation panel scored the proposals on a 100-point scale in the areas of rental rate, managerial stability, and farming/ranching qualifications. There was one bidder for the grazing component of this land.

The lease will contain the following terms and conditions:

1.	Lease Term:	Five years.
2.	Option:	Five years with request from tenant and approval by the City with 120 days written notice.
3.	Government Regulations:	Tenant will comply with all applicable federal, state, and local governmental rules and regulations.
4.	Cancellation:	Arizona Revised Statutes 38-511. Either party may cancel this lease upon 18 months prior written notice.
5.	Maintenance:	Tenant will be responsible for the repair, maintenance, and operation of all irrigation facilities except head, tail, and drainage ditches. Tenant will notify the City 24 hours in advance if irrigation water is required. Tenant will be solely responsible for the maintenance of all improvements other than irrigation facilities and systems used for grazing.
6.	Rental Rate:	Five dollar per Animal Unit Month. Grazing reports to be submitted to the City for determining annual grazing fees.
7.	Utilities:	Tenant will pay $150 per year for water usage to the site for filling livestock tanks.
8.	Insurance:	The lease will contain insurance and indemnity provisions acceptable to the City's Risk Management Division and the City Attorney.
9.	Other:	The lease will contain such other terms and conditions deemed necessary or appropriate.

Affirmative Action

The subject firm is eligible to do business with the City of Phoenix until May 1, 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 bears the recommendation of the Assistant Water Services Director and the Deputy Finance Director.

This item is also recommended by Ms. Stark.

ITEM 24

DISTRICT 7

ORDINANCE S-35806 -

PROPOSED ALFARO 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 Alfaro Annexation, No. 427.

This annexation was requested by the property owner 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 1.889 acres (0.003 square miles) and the population is estimated to be 3. The general boundaries of the area are Donner Drive alignment on the north, Baseline Road on the south, 28th Avenue alignment on the east, and 29th Drive on the west.

On October 1, 2008, the City Council authorized filing of a blank petition with the County Recorder's Office and the required public hearing was held October 29, 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.

ITEM 26

CITYWIDE

ORDINANCE S-35808 -

PAYMENT ORDINANCE

Request to authorize the expenditure of public money for payment of claims against the City of Phoenix.

$	16,016.00	a)	To American Society of Crime Lab Directors/ Laboratory Accreditation Board, Garner, NC, to pay annual accreditation fees for the Laboratory Services Bureau in the Police Department.
	29,642.26	b)	To ASSI Security of Arizona to provide Access Control and Alarm Monitoring System (ACAMS) maintenance for the Deer Valley and Goodyear Airports through December 31, 2009, for the Aviation Department.
	9,000.00	c)	To Bevel, Gardner & Associates, Norman, OK, to provide a 40-hour training class for 24 students at the Crime Lab for the Police Department.
	9,337.50	d)	To Cobham Tracking & Locating, Dartmouth, Nova Scotia, Canada, to provide electronic tracking and locating equipment used in wire investigations for the Police Department.
	16,562.50	e)	To Decision Support, LLC, Matthews, NC, for the PACE system license renewal and support through January 31, 2010, for the Police Department.
	12,408.33	f)	To Digital Facilities Corporation, Westford, MA, for the purchase of roof maintenance tracking software for the Phoenix Sky Harbor International Airport in the Aviation Department.
	21,980.00	g)	To Diltex, Inc., Baldwin Park, CA, to replace failing LCD monitors used in the Passenger Information Paging System (PIPS) at the Phoenix Sky Harbor International Airport in the Aviation Department.
	9,030.12	h)	To DLT Solutions, Inc., Herndon, VA, for the purchase of the annual license agreements for AutoCAD and mapping software for the Street Transportation Department.
	10,250.00	i)	To e-Hazard.com, Louisville, KY, to provide Electrical Workplace Safety Training for the Water Services Department.
$	14,695.25	j)	To Floratech, Chandler, to repair vandalism at a City owned building for the Public Works Department.
	24,761.77	k)	To Language Line Services, Monterey, CA, to provide translation services for the Police Department.
	8,955.00	l)	To MarketLab, Inc., Caledonia, MI, for the purchase of five mobile locking cabinets for the Forensic Biology Section in the Police Department.
	10,070.00	m)	To Norex, Inc., Prior Lake, MN, for access to an online subscription database through October 31, 2009, for the Aviation Department.
	9,601.00	n)	To Outland Technology, Inc., Slidell, LA, for the purchase of an underwater camera system for the Dive Team/Bomb Squad in the Police Department.
	10,270.00	o)	To Safe Software, Surrey, British Columbia, Canada, for the purchase and one-year maintenance of GIS software for the Aviation Department.
	16,216.83	p)	To Salt River Project for the cleaning of the Gila River Indian Community grates located along the riverbed for the Street Transportation Department.
	11,707.23	q)	To Southwest Architectural Builders, Inc. for the purchase of one 18-foot CD/DVD media storage bin for the Library Department.
	14,777.54	r)	To Sun Country Truck Equipment, Inc. to provide all labor, materials, and equipment to remove and install a dump bed on a City vehicle for the Aviation Department.
	10,698.00	s)	To Thermo Electron Corporation, Franklin, MA, to provide radiation detection equipment in conjunction with the 2008 Law Enforcement Terrorism Protection Program for the Police Department.
	30,622.00	t)	To US Night Vision Corporation, Rocklin, CA, for the purchase of night vision binoculars for the Special Operations Section in the Fire Department.
	16,219.66	u)	To Vohne Liche Kennels, Denver, IN, for the purchase and transportation of two canines and kennels for the Police Department.

This requests continuing payment authority, up to amounts indicated, for the following contracts and/or bids awarded:

$	30,000.00	v)	To Carlton's Photographic, Inc., dba 2C Imagery, to provide fine art photography services under Agreement 125052 through November 30, 2011, for the Aviation Department.
	25,200.00	w)	To Clifton Gunderson, LLP to exercise an option to extend, originally approved on June 13, 2007, to continue to provide audit services for the Val Vista Water Treatment Plant financial statements for the Finance Department.
	22,000.00	x)	To CSG Advisors, Inc. to provide consulting services for the Neighborhood Stabilization grant under Agreement 123239 through June 30, 2009, for the Neighborhood Services Department.
	55,182.15	y)	To Domingo R. Ramirez and/or Assignee(s) to provide displacement relocation assistance and to provide disability modifications to the replacement site to meet Decent, Safe, and Sanitary requirements as a part of the Community Noise Reduction Program for the Aviation Department by the Finance Department.
	55,240.27	z)	To Fidelia Carrasco and/or Assignee(s) to provide displacement relocation assistance as a part of the Community Noise Reduction Program for the Aviation Department by the Finance Department.
	1,100,000.00	aa)	To Hernandez Companies, Inc. to exercise an option to extend, originally approved on September 20, 2006, to continue to provide water meter relocation services under Agreement P-8200-07 awarded by IFB 07-008 for the Water Services Department.
	1,170,000.00	ab)	To Hoffman Southwest Corporation, dba Professional Pipe Services, to exercise an option to extend, originally approved on August 31, 2004, to continue to provide debris removal and sewer cleaning services under Agreement P-7600-07 awarded by IFB 04-210 for the Water Services Department.
$	8,867.22	ac)	To Roger L., Ida L., and Alan L. Tripp and/or Assignee(s) to provide displacement relocation assistance as a part of the Light Rail Transit Northwest Extension project for the Public Transit Department by the Finance Department.
	110,000.00	ad)	To Talis Construction Corporation, Tempe, to exercise an option to extend, originally approved on September 20, 2006, to continue to provide water meter relocation services under Agreement P-8199-07 awarded by IFB 07-008 for the Water Services Department.
	37,800.00	ae)	To Vault Digital, LLC to provide labor management system fit/gap analysis services under Agreement 125125 through June 30, 2009, for the Aviation Department.
$	2,927,110.63

This item is recommended by Ms. Osuna and the Finance Department.

ITEM 27

CITYWIDE

ORDINANCE S-35809 -

PAYMENT ORDINANCE

Request to authorize the expenditure of public money for payment of claims against the City of Phoenix.

$	22,633.00	a)	To FCI Constructors, Inc., Litchfield Park, for Change Order 2, Contract 118258, Project FD57100014. Staff initiated the Change Order(s) for additional construction services required as part of the Fire Station No. 61 Project for the Fire Department by the Engineering and Architectural Services Department, increasing the cost to $3,979,372. The amount of the original contract is $3,850,001 and the total project budget is $6,977,699 of which $4,081,641 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 Order(s).
$	40,000.00	b)	To Stanley Consultants, Inc. for Change Order 3, Contract 118802, Project WS90500141. Staff initiated the Change Order(s) for additional professional services required as part of the Instrumentation and Control Inspection and Testing Services Project for the Water Services Department, increasing the cost to $687,722. The amount of the original contract is $500,000 and the total project budget is $3,382,215 none of which is budgeted for construction. The project is 80 percent complete. The Budget and Research Department has confirmed the availability of budgeted Capital Improvement Program funds for the Change Order(s).
$	62,633.00

This item is recommended by Ms. Osuna and the Finance Department.

ITEM 28

DISTRICT 8

ORDINANCE S-35810 -

AMEND CONTRACTS 117831 AND 117829 TO ADJUST MINIMUM ANNUAL GUARANTEE RENT

Request to authorize the City Manager, or his designee, to amend Contract 117831 with Avila Retail and Contract 117829 with Desert Casa JV to adjust the Minimum Annual Guarantee (MAG).

As part of the Terminal 4 retail redevelopment and following a Request for Proposal (RFP) process, retail contracts were awarded to Avila Retail and Desert Casa JV in the N-4 Concourse. After the RFP process and award of these retail contracts, it was determined that an additional Duty Free location in N-4 was necessary to fully accommodate the international passengers. Adding the duty free concept in N-4 diversified sales on the concourse and negatively affected the other retail stores in N-4.

To minimize the financial impact to two retail concepts, a reduction to the original contract MAG is requested. The MAG will be adjusted as follows:

Operator	Concept	Original MAG	Adjusted MAG
Avila Retail	Earth Spirit	$293,250	$212,217
Desert Casa JV	AmAZing	$235,000	$129,147

This adjustment would be retroactive to November 2006. All other terms and conditions will remain in effect.

Avila Retail is eligible to do business with the City of Phoenix until August 30, 2009, by its compliance with the affirmative action requirements of the City Code, Chapter 18, Article V. The firm is responsible for maintaining its eligibility during the life of the contract and failure to do so may result in the termination of the contract.

Desert Casa JV is eligible to do business with the City of Phoenix until July 24, 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 the termination of the contract.

This item is recommended by Mr. Krietor and the Aviation Department.

ITEM 29

CITYWIDE

ORDINANCE S-35811 -

AMENDMENT 2 TO AGREEMENT 122953 WITH GALLAGHER & KENNEDY, PA - STATE LEGISLATIVE REPRESENTATION

Request to authorize the City Manager to enter into Amendment 2 to Agreement 122953 with Gallagher & Kennedy, PA to provide professional consulting and legislative services for aviation and public safety legislative issues through the Office of Government Relations (GR). The term of the agreement will be for one year, January 1, 2009 through December 31, 2009, with up to three, one-year renewals. Any renewal would require the future approval of the Mayor and Council.

On December 19, 2007, the City Council approved Agreement 122953 with Gallagher & Kennedy, PA to provide professional consulting and legislative services for public safety legislative issues. On February 13, 2008, in Amendment 1 to the agreement, the scope of work was expanded to include aviation legislative issues. Both agreements expire on December 31, 2008.

The City engages professional contract lobbyists to assist GR in implementing the State Legislative Agenda adopted by the Mayor and Council each year.

Financial Impact

Compensation for Gallagher & Kennedy, PA, including all expenses, will be $114,000 and will be paid equally by the Aviation Department and the Police Department. Of the full contract amount, $57,000 will be encumbered in Fiscal Year 2008-09 and the remaining $57,000 will come from Fiscal Year 2009-10.

The City Controller is authorized to receive and disburse funds associated with this contract.

Affirmative Action

The subject firm is eligible to do business with the City until December 31, 2009. The firm is responsible for maintaining its eligibility during the life of the contract and failure to do so may result in termination of the contract.

The City Manager and Government Relations Director concur with this request.

This item is also recommended by Mr. Krietor.

ITEM 30

CITYWIDE

ORDINANCE S-35812 -

ST87400127, WS85500049 - CONSTRUCTION CONTRACT AWARD - 2009 MAJOR/ COLLECTOR STREET OVERLAY PROGRAM

Report of ten bids received by the Engineering and Architectural Services (EAS) Department on December 2, 2008, for the 2009 Major/Collector Street Overlay Program project.

The work will include the placement of rubber asphalt overlay on various City streets. The total area to be overlayed is approximately 515,000 square yards with 40,000 tons of rubberized asphalt concrete and approximately 222,000 square yards of milling.

The Engineer's estimate and the three lowest responsible bids are listed below:

	Totals	Goals SBE
	Totals	Goals SBE
Engineer's Estimate	$5,349,770.98	4%
Sunland Asphalt, Inc.	$4,091,991.00*	4.5%
Wheeler Construction, Inc.	$4,208,333.00
Ace Asphalt of AZ, Inc.	$4,321,880.24

Recommendation

The EAS, Street Transportation, and Water Services Departments recommend award of the base bid to the lowest responsible bidder, Sunland Asphalt, Inc., as asterisked, in the amount of $4,091,991.

Authorization is also requested for the City Manager to take all action as may be necessary or appropriate, and to execute all utilities-related design and construction agreements, licenses, permits, and requests for utility services relating to the development, design, and construction of the project. Such utility

services include, but are not limited to: electrical, water, sewer, natural gas, telecommunications, cable television, railroads, and other modes of transportation. This authorization excludes any transaction involving an interest in real property.

Further authorize the City Controller to disburse the funds.

Financial Impact

Funding is available in the Street Transportation and Water Services Departments' Capital Improvement budget as follows:

Project	Funding	Total
ST87400127-1	Arizona Highway User Revenue	$3,101,277
ST87400127-2	2006 Street Improvement Bonds	$ 990,000
WS85500049	Water Revenue	$ 714
Total		$4,091,991

Affirmative Action

The subject firm is eligible to do business with the City of Phoenix until February 13, 2009, by its compliance with the affirmative action requirements of the City Code, Chapter 18, Article IV. The firm is responsible for maintaining its eligibility during the life of the contract and failure to do so may result in termination of the contract.

SBE Report

Small Business Enterprise (SBE) subcontractor participation goal of 4 percent was approved for this project. The lowest responsible bidder proposed an SBE subcontractor participation of 4.5 percent, which will result in approximately $182,340.38 being subcontracted to the firm(s) listed below:

SBE:	Southwest Barricade

Previous City Council Action

There has been no previous City Council action.

Citizen Notification

No citizen notification was provided.

This item is recommended by Mr. Callow, Mr. Cavazos, and the Engineering and Architectural Services Department.

ITEM 31

DISTRICT 8

ORDINANCE S-35813 -

CONVEYANCE OF ACCESS EASEMENT TO STATE OF ARIZONA - DEPARTMENT OF TRANSPORTATION

Request to authorize the City Manager, or his designee, to convey an access easement to the State of Arizona by and through its Department of Transportation (ADOT). The access easement will provide ingress and egress onto land owned by ADOT. In consideration, ADOT will grant a permanent trail easement over the property.

The property is located northeast of Elwood and 28th Streets and is further described in the legal description and map. The legal description and map for the parcel are available for public viewing at the City of Phoenix Real Estate Division Office at 251 West Washington Street, 8th Floor.

The easement will provide access to a proposed solar energy research facility to be constructed by Riverside Solar Project, LLC. Riverside has entered into a twenty-year lease agreement with ADOT for the purpose of the development and operation of a solar electrical generation site.

This bears the recommendation of the Acting Parks and Recreation Director and the Deputy Finance Director, with the concurrence of the Community and Economic Development Director.

This item is also recommended by Mr. Naimark.

ITEM 32

CITYWIDE

ORDINANCE S-35814 -

CONTRACTS TO PERFORM ADDITIONAL AUDITING SERVICES FOR FILLMORE GARDENS AND SUNNYSLOPE MANOR FOR FISCAL YEAR 2007-08

Request to authorize the City Manager to enter into agreements with Heinfeld, Meech & Co., PC to conduct the following audit service:

—	Fillmore Gardens and Sunnyslope Manor financial statement audit.

The Finance Department requested proposals from three firms that are on the current qualified vendor list for audit services that was established by the City Audit Department in July 2006. Heinfeld, Meech & Co., PC was selected as the successful bidder with proposed fees as follows:

Audit

Cost Center

Fee

Fillmore Gardens and Sunnyslope Manor

8600211664

8600211623

$9,750

Provisions of the agreement include an option to extend the contract for up to two additional years, in one-year increments. Annual increases shall not exceed five percent for each of the two additional years. Each extension option will be exercised by staff only if considered in the City's best interest.

Authorization is also requested for the City Controller to disburse the necessary funds and pay all claims against the City associated with this agreement up to the stated amounts.

Affirmative Action

The subject firm is eligible to do business with the City of Phoenix until March 20, 2009, by its compliance with the affirmative action requirements of the City Code, Chapter 18, Article IV or V.

Financial Impact

Funding is available in the Housing Department's 2008-2009 Operating budget.

This item is recommended by Ms. Osuna and the Finance Director.

This item is also recommended by Mr. Zuercher.

ITEM 33

CITYWIDE

ORDINANCE S-35815 -

CONTRACTS TO PERFORM ADDITIONAL AUDITING SERVICES FOR CIVIC IMPROVEMENT CORPORATION AND PRIDE FOR FISCAL YEAR 2007-08

Request to authorize the City Manager to enter into agreements with Clifton Gunderson, LLP (Clifton Gunderson) to conduct the following audit services:

—

Civic Improvement Corporation financial statement audit.

—

Phoenix Residential Investment Development Effort (PRIDE) non-profit tax return.

The Finance Department requested proposals from three firms that are on the current qualified vendor list for audit services that was established by the City Audit Department in July 2006. Clifton Gunderson, LLP was selected as the successful bidder with their proposed fees as follows:

Audit	Cost Center	Fee
Civic Improvement Corporation	3510100000	$19,800
PRIDE non-profit tax return	T862501400	$ 1,900
Total		$21,700

Provisions of the agreement include an option to extend the contract for up to two additional years, in one-year increments, with annual increases not to exceed five percent for each of the two additional years. This option will be exercised by staff if considered in the City's best interest.

Authorization is also requested for the City Controller to disburse the necessary funds and pay all claims against the City associated with this agreement up to the stated amounts.

Affirmative Action

The subject firm is eligible to do business with the City of Phoenix until April 15, 2009, by its compliance with the affirmative action requirement of the City Code, Chapter 18, Article IV or V.

Financial Impact

Funding is available in the Finance (for Civic Improvement Corporation) and Housing (for PRIDE) Departments' 2008-2009 Operating budgets.

This item is recommended by Ms. Osuna and the Finance Director.

This item is also recommended by Mr. Zuercher.

ITEM 34

CITYWIDE

ORDINANCE S-35816 -

APPLY FOR GOVERNOR'S COMMISSION - MLK DAY OF SERVICE ACTIVITY FUNDS

Request to authorize the City Manager, or his designee, to enter into an Intergovernmental Agreement with the Governor's Commission on Service and Volunteerism Division for Community and Youth Development to accept up to $49,500. The funds will provide for the coordination of events and cover expenses related to neighborhood clean up as a part of the Martin Luther King Jr. (MLK) Day of Service and its continuing activities through April 10. Further authorizing the City Controller to receive and disburse funds.

Upon execution of the agreement, the Neighborhood Services Department (NSD) will coordinate and expend funds based on the terms of the agreement. NSD shall invoice the Governor's Commission on Service and Volunteerism Division for Community and Youth Development for reimbursement of all eligible expenses under the agreement, including five percent for administrative costs, associated with the MLK Day and other Day of Service activities.

This item is recommended by Mr. Zuercher and the Neighborhood Services Department.

ITEM 35

CITYWIDE

ORDINANCE S-35817 -

APPLY FOR FREESCALE SEMICONDUCTOR, INC. GRANT

Request to authorize the City Manager, or his designee, to submit an $8,000 grant application with Freescale Semiconductor, Inc. to conduct an environment, health, and safety program. If the grant is awarded, further request authorization for the City Manager to enter into an agreement, and authorize City Controller to accept and disburse funds.

The Neighborhood Services Department would partner with Freescale Semiconductor, Inc. and faith-based groups to conduct well-organized neighborhood clean ups utilizing corporate volunteers and Phoenix residents. Freescale Semiconductor, Inc. supports its respected communities with time and resources and is committed to being a leader in corporate citizenship to make a positive impact. Through this partnership, Freescale Semiconductor, Inc. and Phoenix would leverage community resources and diverse talent to support and respect the environment while encouraging residents to get involved by preserving and improving the health of their Phoenix neighborhoods.

This series of clean ups would highlight the important aspects of: developing new corporate partnerships, educating residents on blight (corporate volunteers and benefiting residents), bringing public awareness throughout the community and media, and revitalize Phoenix neighborhoods. Funding would also provide an innovative opportunity to foster a new generation of committed, civic-minded residents and provide them with the skills necessary to promote community related projects and build up the capacity of community organizations.

This item is recommended by Mr. Zuercher and the Neighborhood Services Department.

ITEM 36

DISTRICT 2

ORDINANCE S-35818 -

RETROACTIVE AUTHORIZATION TO APPLY, ACCEPT, AND DISBURSE FUNDS FROM ARIZONA COMMUNITY FOUNDATION

Request retroactive authorization for the City Manager, or his designee, to apply for and accept a $20,000 grant award from the Arizona Community Foundation for Arizona Horse Lovers Park. Further authorizing the City Controller to accept and disburse the funds.

The grant application was approved by the Arizona Community Foundation on behalf of The Arizona Horse Lovers Foundation. An award letter and grant agreement was mailed directly to the Parks and Recreation Department and received on December 19, 2008. Funds are exclusively for Arizona Horse Lovers Park improvements.

If authorization is not approved, the application will be withdrawn.

Financial Impact

No matching funds are required for this grant program.

This item is recommended by Mr. Naimark and the Parks and Recreation Department.

ITEM 37

CITYWIDE

ORDINANCE S-35819 -

NATIONAL BASKETBALL ASSOCIATION ALL-STAR GAME AGREEMENT

Request to authorize the City Manager to enter into an agreement between the Phoenix Police and Fire Departments and the National Basketball Association (NBA) to promote safety and provide security for the 2009 NBA All-Star game February 9, 2009 to February 16, 2009.

The agreement outlines the scope of services, personnel assignment, payment agreement, and NBA responsibilities. The City of Phoenix Public Safety group will be providing overall safety of the events and persons attending the 2009 NBA All-Star game. The objectives are to provide for the health and safety of all public safety personnel, first responders, community members, and visitors attending the events. A Unified Command structure will be established to ensure control, coordination, and supervision of all assigned personnel and resources. A regional communication and data network with the public safety stakeholders will also be established for the event.

The City will incur the initial cost but will be reimbursed by the NBA.

This item is recommended by Mr. Washington and the Police Department.

ITEM 38

CITYWIDE

ORDINANCE S-35820 -

VEOLIA TRANSPORTATION SHUTTLE SERVICE FOR LIGHT RAIL GRAND OPENING

Request to authorize the City Manager, or his designee, to enter into a contract change order to Agreement 102582AR with ATC Vancom dba Veolia Transportation to provide bus shuttle service in support of the Light Rail Transit (LRT) system's opening weekend on December 27 to 28, 2008. This change

order establishes Veolia Transportation's special event rate, which is $66.50 per hour for 2008-09 Fiscal Year, and authorizes the City Controller to disburse the funds in an amount not to exceed $33,000.

The opening weekend plan is to provide a sufficient volume of bus service to assist in returning light rail passengers to their point of origin along the light rail alignment. The system is expected to exceed its capacity during opening weekend, and passengers will be required to disembark the rail system at each end of the line. The shuttle service will be free and open to the public and will operate along an existing local bus route. Veolia Transportation will provide 28 buses for 11 hours on Saturday, December 27, 2008, and 20 buses for 9 hours on Sunday, December 28, 2008.

This agreement was approved by City Council on June 5, 2007. The current contract is through June 30, 2010.

Financial Impact

Veolia Transportation's cost to provide this service is estimated to be, and shall not exceed, $33,000. Funds are available in the Public Transit Department's Capital Improvement Program budget in T2000 funds. The total 2008-09 gross contract amount is increased by $33,000 from $85,289,277 to $85,322,277.

The City Council Transportation and Infrastructure Subcommittee approved this item during their November 19, 2008 meeting.

This item is also recommended by Mr. Callow and the Public Transit Department.

ITEM 39

CITYWIDE

ORDINANCE S-35821 -

FIRST TRANSIT, INC. BUS SHUTTLE SERVICE FOR LIGHT RAIL GRAND OPENING

Request to authorize the City Manager, or his designee, to enter into a contract change order to Agreement 122510 with First Transit, Inc. for support of the Light Rail Transit (LRT) system's opening weekend on December 27 to 28, 2008. This change order establishes First Transit, Inc.'s special event rate, which is $64.03 per hour for 2008-2009, and authorizes the City Controller to disburse the funds in an amount not to exceed $30,000.

The opening weekend plan is to provide a sufficient volume of bus service to assist in returning light rail passengers to their point of origin along the light rail alignment, as the system is expected to exceed its capacity during opening weekend, and passengers will be required to disembark the rail system at each end of the line. The shuttle service will be free and open to the public and will operate along an existing local bus route. First Transit, Inc. will provide 25 buses for 11 hours on Saturday, December 27, 2008, and 17 buses for 9 hours on Sunday, December 28, 2008.

This agreement was originally approved by City Council on December 3, 2007. The current contract is through June 30, 2011.

Financial Impact

First Transit Inc.'s cost to provide this service is estimated to be, and shall not exceed, $30,000. Funds are available in the Public Transit Department's Capital Improvement Program budget in T2000 funds. The total 2008-2009 gross contract amount is increased by $30,000 to $23,473,359.

This item is recommended by Mr. Callow and the Public Transit Department.

ITEM 40

CITYWIDE

ORDINANCE S-35822 -

AGREEMENT WITH CLIFTON GUNDERSON, LLP FOR AUDITING SERVICES

Request to award a contract to Clifton Gunderson, LLP, Phoenix, Arizona, to perform the National Transit Database (NTD) audit; authorizing the City Manager, or his designee, to enter into an agreement with Clifton Gunderson, LLP to perform the NTD audit at a cost not to exceed $35,860 annually; and authorizing the City Controller to disburse funds in accordance therewith.

One proposal was received by the Public Transit Department on November 26, 2008, to perform the NTD audit for the contract period beginning February 1, 2009 and ending January 31, 2011, together with an option to extend for three additional years, to be exercised, in one-year increments, by staff if considered in the City's best interest to do so.

It is recommended by the Public Transit Director that the proposal of Clifton Gunderson, LLP be accepted as the only responsible proposer.

Clifton Gunderson, LLP will test national transit data collected and tracked by the City, in accordance with Federal Transit Administration (FTA) established procedures, and prepare the Independent Auditor Statement for Federal Funding Allocation Data as required by the FTA.

Notice of the RFQ was mailed to 13 potential firms, advertised in the local newspaper, and posted on the City's website.

Financial Impact

Annual expenditures are estimated to be $35,860. Total expenditures for the two-year contract period are estimated to be $71,720. Funds are available in the Public Transit Department's budget - T2000 (Fund 1204).

Affirmative Action

The subject firm is eligible to do business with the City of Phoenix until April 15, 2009, by its compliance with the affirmative action requirements of the City Code, Chapter 18, Article IV or V. The firm is responsible for maintaining its eligibility during the life of the contract and failure to do so may result in termination of the contract.

This item is also recommended by Mr. Callow.

ITEM 41

DISTRICTS 3, 6, 7,

AND 8

ORDINANCE S-35823 -

AMENDMENT TO AGREEMENT 118189 FOR MAINTENANCE OF DOWNTOWN TRAFFIC MANAGEMENT SYSTEM WITH TELVENT FARRADYNE

Request to authorize the City Manager, or his designee, to execute Amendment 4 to Agreement 118189 with Telvent Farradyne, and to authorize the City Controller to disburse funds for the payment of services performed on this amendment. This agreement provides the Street Transportation Department with repair services for the Downtown Traffic Management System (DTMS). This agreement was approved by City Council on January 18, 2006, as a result of a Request for Proposal selection process.

This amendment will increase the contract limit of $127,000 to $152,000 (an increase of $25,000) and extend the contract period from February 28, 2009 to February 28, 2010.

The DTMS project is located within the City of Phoenix in the downtown area generally bounded by McDowell Road to the north, 12th Street to the east, Buckeye Road to the south, and 8th Avenue to the west. Other ITS devices are located throughout the City.

Financial Impact

Funds are available in the Street Transportation Department's Capital I

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