IGA WILLIAMS FIELD RD TO PECOS RD.PDF

INTERGOVERNMENTAL AGREEMENT BETWEEN MARICOPA COUNTY AND
CITY OF MESA FOR RIGHT OF WAY ASSISTANCE FOR SIGNAL BUTTE ROAD
FROM WILLIAMS FIELD ROAD TO PECOS ROAD
TR219
(C-64-20- - M-00)
This Intergovernmental Agreement (Agreement) is between the County of Maricopa, a political
subdivision of the State of Arizona (County) and the City of Mesa, an Arizona municipal
corporation (City). The County and City are collectively referred to as the Parties or individually
as a Party.
STATUTORY AUTHORIZATION
1. A.R.S. §§ 11-251 and 28-6701 ef seq. authorize the County to lay out, maintain, control
and manage public roads within the County.
2. A.R.S. § 9-240 authorizes the City to lay out and improve new streets, avenues and
alleys.
3. A.R.S. § 11-951 et seq. authorize public agencies to enter into Intergovernmental
Agreements for the provision of services or for joint or cooperative action.
BACKGROUND
A, Signal Butte Road is located in southeastern Maricopa County and under the
jurisdiction of the City.
5. The City is currently developing design plans to improve Signal Butte Road from
Williams Field Road to Pecos Road identified under City’s Capital Improvement Plan
(Project No. CP0729). The City plans construction in Fiscal Years 2021 and 2022.
6. When completed, Signal Butte Road will be widened to two through lanes in each
direction and will align with the Arizona Department of Transportation’s future
improvements for State Route 24/Signal Butte Road Traffic Signal interchange
(Project).
7. The City may require assistance from the County's Real Estate Department (MCRED)
in acquiring right-of-way and/or temporary construction easements for the completion
of this Project.
8. The City will be solely responsible for the financial contribution related to the design,
right-of-way acquisitions and construction for this Project.

9. The Project is federally funded with Regional Area Road Funds (RARF) and Surface
Transportation Block Grant Program (STBG) funds designated in the Maricopa
Association of Governments’ Transportation Improvement Program.
10. | The City and the County shall be required to follow all applicable ADOT and FHWA
laws, regulations, and requirements for obtaining Right-of-Way Project activities.
PURPOSE OF THE AGREEMENT
11. The purpose of this Agreement is to identify and define the responsibilities of the County
and the City for right-of-way acquisitions related to this Project.
TERMS OF THE AGREEMENT
12. Responsibilities of County:
12.1 The County shall not review Project plans for compliance with the City’s design
standards and shall not be liable for design deficiencies.
12.2 The County shall perform the duties of assisting the City in obtaining the
required right of way acquisitions for this Project as described in Paragraph B
of Exhibit A, which is attached to this Agreement and incorporated into this
Agreement by reference.
12.3 The County shall invoice the City on a monthly basis for MCRED Personnel’s
dedicated staff time as it relates to the Project. This will include supporting
documentation from the Right-of-Way agent assigned to the Project.
13. Responsibilities of the City:
13.1. Upon execution of this Agreement, the City shall act as the lead agency and
shall assume responsibility and liability for the design, right-of-way
acquisitions, utilities and utility relocation, construction and construction
management, inspection, operation, maintenance and other aspects of the
Project.
13.2. The City shall perform the duties of attempting to acquire the required right of
way for this Project as described in Paragraph A of Exhibit A, which is attached
to this Agreement and incorporated into this Agreement by reference.
13.3. The City shall be financially responsible for MCRED Personnel’s dedicated
staff time, as it relates to the Project.
13.4. The City shall pay invoices submitted by the County within thirty (30) days of
receipt.

GENERAL TERMS AND CONDITIONS
14) By entering into this Agreement, the Parties agree that to the extent permitted by law,
each Party will indemnify, defend and save the other Party harmless, including any of
the Parties’ departments, agencies, officers, employees, elected officials, or agents, from
and against all loss, expense, damage or claim of any nature whatsoever which is
caused by any activity, condition, or event arising out of the negligent performance or
nonperformance by the indemnifying Party of any of the provisions of this Agreement.
By entering into this Agreement, each Party indemnifies the other against all liability,
losses and damages of any nature for or on account of any injuries or death of persons
or damages to or destruction of property arising out of or in any way connected with the
performance or nonperformance of this Agreement, except such injury or damage as
shall have been caused or contributed to by the negligence of the other Party. The
damages which are the subject of this indemnity shall include but not be limited to the
damages incurred by any Party, its departments, agencies, officers, employees, elected
officials or agents. In the event of an action, the damages which are the subject of this
indemnity shall include costs, expenses of litigation, and reasonable attorney's fees.
15) This Agreement shall become effective as of the date it is approved by the Maricopa
County Board of Supervisors and remain in full force and effect until all stipulations
previously indicated have been satisfied except that it may be amended upon written
Agreement by all Parties. Any Party may terminate this Agreement upon furnishing the
other Party with a written notice at least thirty (30) days prior to the effective termination
date.
16) This Agreement shall be subject to the provisions of A.R.S. § 38-511.
17) The Parties warrant that they are in compliance with A.R.S. § 41-4401 and further
acknowledge that:
Any contractor or subcontractor who is contracted by a Party to perform work on the
Project shall warrant their compliance with all federal immigration laws and regulations
that relate to their employees and their compliance with A.R.S. § 23-214(A), and shall
keep a record of the verification for the duration of the employee’s employment or at least
three years, whichever is longer.
b) Any breach of the warranty shall be deemed a material breach of the contract that is
subject to penalties up to and including termination of the contract.
Cc) The Parties retain the legal right to inspect the papers of any contractor or subcontractor
employee who works on the Project to ensure that the contractor or subcontractor is
complying with the warranty above and that the contractor agrees to make all papers and
employment records of said employee available during normal working hours in order to
facilitate such an inspection.
qd) Nothing in this Agreement shall make any contractor or subcontractor an agent or
employee of the Parties to this Agreement.

18) Each Party to this Agreement warrants that neither it nor any contractor or vendor under
contract with the Party to provide goods or services toward the accomplishment of the
objectives of this Agreement is suspended or debarred by any federal agency which has
provided funding that will be used in the Project described in this Agreement.
19) The following shall constitute a material breach of this Agreement and an event of default
(“Default”): a Party's failure to observe or perform any of the material covenants,
conditions or provisions of this Agreement to be observed or performed by that Party
(“Defaulting Party”), where such failure shall continue for a period of thirty (30) days after
the Defaulting Party receives written notice of such failure from the non-defaulting Party
provided, however, that such failure shall not be a Default if the Defaulting Party has
commenced to cure the Default within such thirty (30) day period and thereafter is diligently
pursuing such cure to completion, but the total aggregate cure period shall not exceed
ninety (90) days unless the Parties agree in writing that additional time is reasonably
necessary under such circumstances to cure such default. In the event a Defaulting Party
fails to perform any of its material obligations under this Agreement and is in Default
pursuant to this Section, the non-defaulting Party, at its option, may terminate this
Agreement. Further, upon the occurrence of any Default and at any time thereafter, the
non-defaulting party may, but shall not be required to, exercise any remedies now or
hereafter available to it at law or in equity.
20) All notices required under this Agreement to be given in writing shall be sent to:
Maricopa County Department of Transportation
Attn: Intergovernmental Relations
2901 W. Durango Street
Phoenix, Arizona 85009
City of Mesa
Attn: City Manager
P.O. Box 1466
Mesa, Arizona 85211-1466
All notices required or permitted by this Agreement or applicable law shall be in writing
and may be delivered in person (by hand or courier) or may be sent by regular, certified
or registered mail or U.S. Postal Service Express Mail, with postage prepaid, and shall
be deemed sufficiently given if served in a manner specified in this paragraph. Either
Party may by written notice to the other specify a different address for notice. Any notice
sent by registered or certified mail, return receipt requested, shall be deemed given on
the date of delivery shown on the receipt card, or if no delivery date is shown, the
postmark thereon. If sent by regular mail, the notice shall be deemed given 72 hours after
the notice is addressed as required in this paragraph and mailed with postage prepaid.
Notices delivered by United States Express Mail or overnight courier that guarantee next
day delivery shall be deemed given 24 hours after delivery of the notice to the Postal
Service or courier.
21) This Agreement does not imply authority to perform any tasks, or accept any responsibility,
not expressly stated in this Agreement.
22) This Agreement does not create a duty or responsibility unless the intention to do so is
clearly and unambiguously stated in this Agreement.

23) This Agreement does not grant authority to control the subject roadway, except to the
extent necessary to perform the tasks expressly undertaken pursuant to this Agreement.
24) Any funding provided for in this Agreement, other than in the current fiscal year, is
contingent upon being budgeted and appropriated by the Maricopa County Board of
Supervisors and the Mesa City Council in such fiscal year. This Agreement may be
terminated by any Party at the end of any fiscal year due to non-appropriation of funds.
25) This Agreement shall be binding upon and inure to the benefit of the Parties and their
respective successors and assignees. Neither Party shall assign its interest in this
Agreement without the prior written consent of the other Party.
26) This Agreement and all Exhibits attached to this Agreement set forth all of the covenants,
promises, agreements, conditions, and understandings between the Parties to this
Agreement, and there are no covenants, promises, agreements, conditions, or
understandings, either oral or written, between the Parties other than as set forth in this
Agreement, and those agreements which are executed contemporaneously with this
Agreement. This Agreement shall be construed as a whole and in accordance with its fair
meaning and without regard to any presumption or other rule requiring construction
against the Party drafting this Agreement. This Agreement cannot be modified or changed
except by a written instrument executed by all of the Parties hereto. Each Party has
reviewed this Agreement and has had the opportunity to have it reviewed by legal counsel.
27) The waiver by any Party of any right granted to it under this Agreement is not a waiver of
any other right granted under this Agreement, nor may any waiver be deemed to be a
waiver of a subsequent right obtained by reason of the continuation of any matter
previously waived.
28) Wherever possible, each provision of this Agreement shall be interpreted in such a manner
as to be valid under applicable law, but if any provision shall be invalid or prohibited under
the law, such provision shall be ineffective to the extent of such prohibition or invalidation
but shall not invalidate the remainder of such provision or the remaining provisions.
29) Except as otherwise provided in this Agreement, all covenants, agreements,
representations, and warranties set forth in this Agreement or in any certificate or
instrument executed or delivered pursuant to this Agreement shall survive the expiration
or earlier termination of this Agreement for a period of one (1) year.
30) Nothing contained in this Agreement shall create any partnership, joint venture, or other
agreement between the Parties hereto. Except as expressly provided in this Agreement,
no term or provision of this Agreement is intended or shall be for the benefit of any person
or entity not a party to this Agreement, and no such other person or entity shall have any
right or cause of action under this Agreement.
31) Time is of the essence concerning this Agreement. Unless otherwise specified in this
Agreement, the term “day” as used in this Agreement means calendar day. If the date for
performance of any obligation under this Agreement or the last day of any time period
provided in this Agreement falls on a Saturday, Sunday, or legal holiday, then the date for
performance or time period shall expire at the close of business on the first day thereafter
which is not a Saturday, Sunday, or legal holiday.

32) Sections and other headings contained in this Agreement are for reference purposes only
and shall not affect in any way the meaning or interpretation of this Agreement.
33) This Agreement may be executed in two or more counterparts, each of which shall be
deemed an original but all of which together shall constitute the same instrument.
34) The Parties agree to execute and/or deliver to each other such other instruments and
documents as may be reasonably necessary to fulfill the covenants and obligations to be
performed by such Party pursuant to this Agreement.
35) The Parties hereby agree that the venue for any claim arising out of or in any way related
to this Agreement shall be Maricopa County, Arizona.
36) This Agreement shall be governed by the laws of the State of Arizona.
End of Agreement - Signature Page Follows

IN WITNESS WHEREOF, the Parties have executed this Agreement.
MARICOPA COUNTY
Recommended by:
DocuSigned by:
6/18/2020
ifr Tolle
89E8452A6BB0459.__
Jennifer Toth, P.E.. Date
Transportation Director
Approved and Accepted by:
Chairman Date
Board of Supervisors
Attest by:
Clerk of the Board Date
APPROVAL OF DEPUTY COUNTY ATTORNEY
| hereby state that | have reviewed the proposed Intergovernmental Agreement and declare the
Agreement to be in proper form and within the powers and authority granted to the County under
the laws of the State of Arizona.
DocuSigned by:
Chet YBude 6/19/2020
9B078209F 1CF48E.
Deputy County Attorney Date

IN WITNESS WHEREOF, the Parties have executed this Agreement.
CITY OF MESA
Recommended by:
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Christophér J. Brady | [ Dafe Daf
City Manager
Attest by:
Von rvdluice.
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Deputy City ‘Clerk Date
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5	1	9	1	1	2	1170	2043	57	33	95.801804	OF
5	1	9	1	1	3	1243	2043	95	33	96.166748	CITY
5	1	9	1	1	4	1351	2044	236	33	96.166748	ATTORNEY
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5	1	11	1	3	4	556	2243	58	33	96.981712	the
5	1	11	1	3	5	629	2243	97	33	96.767090	State
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EXHIBIT A
RIGHT-OF-WAY (ROW) ASSISTANCE
In an effort to streamline the process for appraising and acquiring land rights for the Project in
unincorporated County and reduce duplicative effort and cost to City and County taxpayers,
A. The City shall:
Extend invitations, via e-mail, to Project kick-off and status meetings to the Maricopa
County Real Estate Department (MCRED) Real Property Manager, and/or designee,
throughout project scoping and design in an effort to better understand and coordinate
the following:
a. Project need, objectives, and goals.
b. Project funding sources, scope, schedule, and budget.
c. Maximum scope, and proposed timing, of Right of Way (ROW) assistance that
may be required from the County which includes a spreadsheet of the land rights
that are anticipated to be acquired from each larger parcel to build the proposed
Project (new ROW; permanent easements, including, but not limited to, utility,
slope, and drainage; and temporary easements). The spreadsheet shall, at a
minimum, include Assessor Parcel Numbers (APNs), full names of ownership
entities, larger parcel square footage, zoning, information on whether the property
is vacant or improved, and the proposed improvements within the acquisition area
and impacts of the ROW acquisition on the remainder.
Periodically provide design plans submittals at major milestones as well as identify and
refine the spreadsheet referenced above for all Project acquisition parcels and proposed
relocations (if any) that are located in unincorporated County. At a minimum, design
submittals will be required at 30%, 60%, 95% and 100%, or per the City’s in-house or
contracted design schedule milestones.
Facilitate a focused ROW phase meeting between appropriate representatives from the
City’s Project team and the MCRED Real Property Manager, and/or designee, prior to
initiating the appraisal process. The goal of this meeting is to identify best practices for
the coordination between the City and the County’s acquisition teams to include
discussing:
a. The Project acquisition schedule.
b. Prioritization of the appraisal assignment and acquisitions based on information
obtained in the title reports, the complexity of the appraisal, acquisition, and/or
the need for relocation. Parcels within unincorporated County shall be
considered for the first priority appraisals and acquisitions to allow additional time
should the file need to be transferred to the County for offer and/or eminent
domain filing.
c. Collaborate on the drafting of the appraisal scope of work, discuss if contracting
with multiple appraisers should be considered, and discuss whether review
appraisers will also be required.
d. Discuss appropriate appraisal products and required elements of the appraisal
which include adding the County as an intended user, offering the owner and
acquisition/relocation agents (City and County) a reasonable opportunity to

attend the appraisal inspection, a determination of the larger parcel for the
purposes of the appraisal, a well-supported highest and best use analysis,
conducting before and after analyses for partial acquisitions, and accounting for
the acquisition and/or movement of all improvements within the acquisition area
and providing applicable cost-to-cure estimates based on bids. See 49 Code of
Federal Regulations (CFR) Part 24.103 and 24.104 for additional guidance.
Be responsible for:
Ordering and paying for appraisal services.
Making every effort to contact the property owner impacted by the Project to obtain
current/correct mailing addresses and names of the points of contact or
representatives for the offers.
Preparing and presenting a purchase offer to the identified property owner(s) for
the acquisition of the required land rights. The purchase offer shall, at a minimum,
include the items required by Arizona State Law and 49 CFR 24.102 as applicable
and every effort shall be made to present the offer in person to those property
owners that reside or maintain a place of business within 50 miles of the Project.
Negotiating in good faith with the property owner to reach an agreement for the
purchase in accordance with 49 CFR Part 24.102, Arizona State Law, and City
Code.
Providing relocation assistance to occupants that need to be relocated out of the
acquired ROW and/or for movement of personal property out of the acquired
ROW in accordance with 49 CFR 24.201 through 24.503.
Compensating the property owner for the land rights acquired, any severance
damages, cost-to-cure, all cost incidentals to the transfer of title to the agency
(i.e. escrow fees and related costs), and paying approved reasonable and
necessary relocation benefits based on an approved determination.
Maintaining typed communication logs of the ongoing negotiations, relocation
activities, and concerns raised by the owners, and any responses/resolutions
offered by the City.
Provide all required documentation for County assistance to proceed as well as agree
and acknowledge that:
a. If, after a good faith effort and reasonable time for a property owner to consider the
offer, the City believes it will be unsuccessful in reaching an agreement to acquire
the required land rights from property located within unincorporated County, all
actions to resolve concerns have been exhausted, and City’s management
approves; the City shall contact the MCRED Real Property Manager, or designee,
without delay, to set up a meeting/teleconference with MCRED to discuss the
acquisition, proposed Project schedule, and, if appropriate, transfer of the file to
MCRED for preparation and presentation of an offer. At a minimum, the following
items shall be included in the file that is transferred to MCRED before MCRED will
be able to mobilize staff to assist the City:
1. A transmittal e-mail or letter requesting that the County initiate proceedings
to acquire the parcel on the City’s behalf.
2. Recordable legal descriptions, maps, and exhibits.
3. Title Report.

> Appraisal and appraisal review (if applicable) with City approval for use in
negotiation.
Offer letter with all attachments.
Typed communication logs.
ONAN
Relocation determinations (if applicable).
All Correspondence.
Once the requested file components have been transmitted, and County receipt is
confirmed, City staff shall cease and desist all contact with the property owner
and/or their representative, and all responsibility for the acquisition of the land
rights located within unincorporated County jurisdiction necessary for the Project
shall pass to the County. Any and all questions and concerns regarding the
transmitted acquisition and/or relocation files shall be sent to the assigned MCRED
ROW Agent.
The City will provide any information requested by the County on the proposed
construction or related Project issues in order to assist in the County’s acquisition
of the acquisitions and/or relocations.
Acknowledge that, due to statutory timeframes required to complete the County’s
Open and Declare process, and for owner review of offer(s), as well as potential
workload/staffing constraints, the County’s time needed to close escrow on, or
obtain possession of, the required land rights may require ten (10) months or more.
The City further acknowledges that work on County projects has priority for County
staff.
Vi. Reimburse the County for MCRED staff time and/or pay the County's vendor directly, (at
the County’s discretion) for all expenses incurred by the County for ROW Assistance,
including, but not limited to:
a. Title Reports (i.e. Commitments for Title Insurance, Litigation Guarantees,
updates).
b. Appraisals & Appraisal Reviews.
c. Compensation paid for the acquisition of any and all land rights to include any non-
stipulated amount (i.e. a court ordered amount); however, stipulated costs of
acquisition in excess of 30% of the County's most current appraised fair market
value shall require authorization by the City Council.
QO. Escrow and closing costs.
All Maricopa County Real Estate Division (MCRED) and Attorney's Office (MCAO)
fees and costs related to condemnation proceedings.
Responsibilities of the County:
B. The County shall:
Collaborate and communicate with the City’s Project team on a regular basis to ensure
the MCRED staff understands the Project’s proposed scope, schedule, and budget to
properly plan for potential future work. A MCRED representative will attend Project
meetings as necessary and attend appraisal inspections and offer presentation for the
parcels located in unincorporated County if possible.

Provide ROW phase best practice guidance, training, and sample forms upon request.
Attend a focused ROW phase meeting with the City’s Project acquisition and design team
prior to initiating the appraisal process.
If the City has followed the appraisal, acquisition, and relocation steps/guidance set forth
above, has negotiated in good faith to address and/or resolve property owners’ concerns,
and is unsuccessful at acquiring the required land rights from properties within
unincorporated County, the County (MCRED staff or outside consultant depending on
availability of resources) will assist with the acquisition of the land rights required for the
Project upon the City’s request (ROW Assistance). When a property to be acquired
extends into both municipal and county jurisdiction, the County and the City shall confer
and attempt to develop a plan whereby all the needed property can be acquired in a single
action, rather than have two litigations proceed at the same time against an owner. Upon
receipt of the items set forth in Paragraph A (V)(a) of this Exhibit A, the County will:
a. Assume all responsibility for the management of the acquisition and proceed in
accordance with the statutes, policies, and procedures that govern the County's
ability to acquire the land rights.
Initiate the Open and Declare process.
Request an updated Title Commitment with the County as the proposed insured.
p20
Review the submitted products for statutory and policy compliance.
Determine, in the County's sole discretion, if the submitted appraisal and/or appraisal
review of the areas to be acquired can be used as the basis for the County’s offer
and/or an eminent domain filing. If a new appraisal and/or appraisal review is
required, the County will order the appraisal.
f. Present an offer to the property owner based on the City’s appraisal or obtain new
appraisals and present a revised offer.
g. Negotiate in good faith to try and address/resolve the property owner's concerns and
obtain agreement to the purchase.
h. If the County is unsuccessful in acquiring the required land rights by agreement from
an owner, the MCRED Director will review the file for next steps and, if approved to
proceed to eminent domain action, MCRED staff will forward the file to the MCAO, or
outside counsel if directed due to workload, for condemnation action.
i. The County will keep the City Project team apprised of the status of each acquisition
via periodic status updates.
j. The County shall, within no less than ten (10) days prior to concluding any
administrative settlement to purchase property rights required for the Project, seek and
duly consider the City Engineer's written comments with regards to such proposed
settlement; provided, however, that the County shall retain final decision-making
authority with regard to same.
Provide the ROW Assistance outlined above within a realistic timeframe as determined by
the accessibility of available agents and timely delivery by the City of the items set forth in
Paragraph A (V)(a) of this Exhibit A.
Vi. Determine whether the method of compensation by the City for the costs that are set forth
in Paragraph A (VI.) of this Exhibit A shall be direct payment by the City to the County or
City’s vendor or shall be a reimbursement to the County.
VII. Invoice the City on a monthly basis for any ROW Assistance expenses, including MCRED

staff time, which are not subject to direct payment. The County shall provide an invoice
that includes an itemization of expenses being requested for payment.

RESOLUTION NO. 11564
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MESA,
ARIZONA, APPROVING AND AUTHORIZING THE CITY MANAGER
TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT
BETWEEN MARICOPA COUNTY AND THE CITY OF MESA
REGARDING ACQUISITION OF RIGHT OF WAY AND TEMPORARY
CONSTRUCTION EASEMENTS.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MESA,
MARICOPA COUNTY, AS FOLLOWS:
Section _1: Approving an Intergovernmental Agreement between Maricopa
County and the City of Mesa (City), regarding right-of-way and/or temporary construction
easement acquisition within unincorporated Maricopa County for the construction of
Signal Butte Road from Williams Field Road to Pecos Road.
Section 2: That the City Manager, Christopher J. Brady, or his designated
representative, upon its approval as to form by the City Attorney or his designated
representative, is authorized to enter into the Intergovernmental Agreement, and any
related amendments or supplements thereto, on behalf of the City of Mesa, and the City
Clerk is authorized and directed to attest to the signature of the City Manager or his
authorized designated representative thereon.
Section 3: That the various City officers and employees be and hereby are
authorized and directed to perform all acts necessary to give effect to this Resolution.
PASSED AND ADOPTED by the City Council of the City of Mesa, Maricopa County,
Arizona, this 5th day of October, 2020.
ATTEST:
City Clerk

11°69
RESOLUTION No,
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MESA,
ARIZONA, APPROVING AND AUTHORIZING THE CITY MANAGER
TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT
BETWEEN MARICOPA COUNTY AND THE CITY OF MESA
REGARDING ACQUISITION OF RIGHT OF WAY AND TEMPORARY
CONSTRUCTION EASEMENTS.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MESA,
MARICOPA COUNTY, AS FOLLOWS:
Section 1: Approving an Intergovernmental Agreement between Maricopa
County and the City of Mesa (City), regarding right-of-way and/or temporary construction
easement acquisition within unincorporated Maricopa County for the construction of
Signal Butte Road from Williamsfield Road to Pecos Road.
Section 2: That the City Manager, Christopher J. Brady, or his designated
representative, upon its approval as to form by the City Attorney or his designated
representative, is authorized to enter into the Intergovernmental Agreement, and any
related amendments or supplements thereto, on behalf of the City of Mesa, and the City
Clerk is authorized and directed to attest to the signature of the City Manager or his
authorized designated representative thereon.
Section 3: That the various City officers and employees be and hereby are
authorized and directed to perform all acts necessary to give effect to this Resolution.
PASSED AND ADOPTED by the City Council of the City of Mesa, Maricopa County,
Arizona, this 5th day of October, 2020.
APPROVED:
Mayor
ATTEST:
City Clerk

OFFICE OF THE CITY CLERK
COUNCIL MINUTES
October 5, 2020
The City Council of the City of Mesa met in a Regular Council Meeting via a virtual format streamed into
the lower level meeting room of the Council Chambers, 57 East 1st Street, on October 5, 2020 at 5:45
p.m.
COUNCIL PRESENT COUNCIL ABSENT OFFICERS PRESENT
John Giles* None Christopher Brady
Mark Freeman* Dee Ann Mickelsen
Jennifer Duff* Jim Smith
Francisco Heredia*
David Luna*
Kevin Thompson*
Jeremy Whittaker*
(*Council participated in the meeting through the use of video conference equipment.)
(Items were discussed out of order, but for purposes of clarity, will remain as listed on the
agenda.)
Mayor’s Welcome.
Mayor Giles conducted a roll call.
Invocation by Reverend Robert Saik, Episcopal Church of the Transfiguration.
Mayor Giles led the Pledge of Allegiance.
Awards, Recognitions and Announcements.
Mayor Giles proclaimed October 24-31 as “A Week Without Violence.” He stated in partnership
with the Mesa Police Department and the Children’s Benefit Foundation, this week is designed
to create awareness, educate, and strengthen the commitment to ending violence, promoting
peace, and making the community a safer place to live. He introduced Mesa Police Commander
William Peters.
Commander Peters described himself as a member of the task force for A Week Without
Violence which is a community advocacy event created by the Children’s Benefit Foundation.
He highlighted that Dr. Ruth Lim founded the Children’s Benefit Foundation to instill a culture of
peace and non-violence in our youth, adding the mission of A Week Without Violence is to
promote that culture of peace. He listed the organizations who have leaders on the task force,
including Boys and Girls Clubs of America, City of Mesa, Chandler Domestic Violence

Regular Council Meeting
October 5, 2020
Page 2
Commission, among others. He expressed his gratitude for the proclamation from Mayor Giles
and the City of Mesa.
Mayor Giles thanked Commander Peters for his work with the task force.
Councilmember Thompson reported Eastmark’s sign on Elliot Road and Ellsworth Road will be
lit up in purple to show support of domestic violence month.
Take action on all consent agenda items.
All items listed with an asterisk (*) will be considered as a group by the City Council and will be
enacted with one motion. There will be no separate discussion of these items unless a
Councilmember or citizen requests, in which event the item will be removed from the consent
agenda and considered as a separate item. If a citizen wants an item removed from the consent
agenda, a blue card must be completed and given to the City Clerk prior to the Council’s vote on
the consent agenda.
It was moved by Councilmember Luna, seconded by Councilmember Thompson, that the
consent agenda items be approved.
Upon tabulation of votes, it showed:
AYES — Giles-Freeman-Duff-Heredia-Luna-Thompson-Whittaker
NAYS — None
Carried unanimously.
*2. Approval of minutes of previous meetings as written.
Minutes from the September 10, September 14, 2020 Study Sessions, and the September 21,
2020 Regular Council meeting.
*3.___ Take action on the following liquor license applications:
*3-a. Courtyard by Marriott
A hotel is requesting a new Series 10 Beer and Wine Store License for Gateway
Hospitality Group LLC, 6907 East Ray Road; Brian Daley Welker, agent. The existing
Series 11 Hotel/Motel License at this location will remain active and stack with the new
Series 10 Beer and Wine Store License. (District 6)
*3-b. Tacos Chiwas
A restaurant that serves breakfast, lunch, and dinner is requesting a new Series 12
Restaurant License for Tacos Chiwas 3 LLC, 127 West Main Street; Armando
Hernandez, agent. The existing license held by Team Hayes LLC, will revert to the
State. (District 4)

Regular Council Meeting
October 5, 2020
Page 3
*4. Take action on the following contracts:
*4-a. Three-Year Term Contract with Two Years of Renewal Options for Fabrication and
Installation of Parks and Facility Signs for the Parks, Recreation and Community
Facilities Department (PRCF). (Citywide)
This purchase will provide a contractor to fabricate and insta!l new signs in various parks
throughout the City. PRCF uses park and basin idantificetion signs, rules signs and other
signs throughout the City’s parks system to inform and assist patrons in the use of park
properties.
The evaluation committee recommends awarding the contract to the highest scored
proposal from Sierra Signs & Service, Inc. (a Mesa business), at $298,000 annually, with
an annual increase allowance cf up to 5%, or the adjusted Producer Price Index.
*4-b. Purchase for Fiber Installation for the Mesa Amphitheater as requested by the Parks,
Recreation and Community Facilities Department and Department of Innovation and
Technology. (Citywide)
This purchase will provide City fiber installation that is necessary for the immediate
interconnectivity of a new fire detection and alarm system at the Mesa Amphitheater.
This fiber will also provide future capabilities in the following areas: City network
connectivity for Amphitheater staff, high speed internet, and Wi-Fi access for hired
entertainers, building automation systems, state of the art security cameras, and
physical security systems.
Parks, Recreation and Community Facilities Department, Department of Innovation and
Technology and Purchasing, recommend authorizing using the State of Arizona
cooperative contract with the qualified and lowest quoted vendor, BPG Technologies, at
$45,000, based on estimated requirements.
*4-c. Three-Year Term Contract with Two Years of Renewal Options for Patient Gurneys for
the Mesa Fire and Medical Department (Sole Source). (Citywide)
The initial purchase will provide up to nine gurneys (additions) for the expanding Mesa
Fire and Medical Department's transport program at $165,504.93. The department has
standardized with Ferno equipment. MFMD has requested an annual contract amount
for Years 2 and 3 to allow capacity for as-needed future purchases.
The Mesa Fire and Medical Department and Purchasing recommend awarding the
contract to the sole source vendor, Ferno-Washington, Inc., at $166,000 annually, with
an annual increase allowance of up to 5%, or the adjusted Producer Price Index. The
initial purchase is funded by the Ambulance Transport Fund.
*4-d. Three-Year Term Contract with Two Years of Renewal Options for Mesa Community
Court Navigators for the Community Services Department and Municipal Court
(Competition Exemption). (Citywide)
This contract will provide support services from three contracted navigators to function in
direct support of the Mesa Community Court program. This is an immediate and critical
need due to the large population currently being served by this program and the sudden

Regular Council Meeting
October 5, 2020
Page 4
volume of additional cases being generated by Mesa Police Department in
homelessness preventative efforts. The role and activity of navigators are essential by
providing a variety of services for those experiencing homelessness through ongoing
street-level contact, supervision of services, and compliance management.
The Community Services Department, Mesa Municipal Court and Purchasing
recommend authorizing the purchase using non-profit corporation, Community Bridges,
Inc., at $204,061 annually, with an annual increase allowance of up to 5%, or the
adjusted Consumer Price Index.
*4-e., Purchase of a DNA Mixture Interpretation Software License and Maintenance (Addition
and Upgrade) (Sole Source). (Citywide)
This software program assists the Forensics Services Division in identifying suspects
and aids in solving crimes when there are low levels and mixtures of DNA from two or
more individuals. Two software licenses are in use and this purchase will provide for an
additional third license and includes maintenance for a 12-month period and a required
upgrade.
City staff recommends authorizing the purchase from the sole source vendor, Niche
Vision Forensics, LLC, at $30,465.60. This purchase is grant funded by the National
Institute of Justice ($29,715) and the Department's operating budget ($750.60).
*4-f. Purchase of a 3D Imaging and Analysis System (Addition) (Single Response).
(Citywide)
This purchase will provide a 3D Imaging System for firearm comparative work for the
Forensic Services Division. It will be used as a supplemental tool in the examination and
comparison of firearm components, such as fired cartridge cases by the Firearms Unit.
The system will provide 3D scanning of evidence. It can scan cartridge cases, including
chamber marks, magazine lip marks, tornado marks; bullets including fragments; and
tool marks. The system can also scan pristine and damaged evidence and samples can
be exported to be used at another lab or direct connect with another station for
comparison.
An evaluation committee recommends awarding the contract to the qualified, single
respondent, Leeds Precision Instruments, Inc., at $276,165, based on estimated
requirements. This purchase is funded by Public Safety Sales Tax ($145,000) and Crime
Lab Assessment Funds ($131,165).
*4-g. One-Year Renewal with a One-Year Renewal Option to the Term Contract for Fence,
Gate and Safety Rail Repair/Installation for the Transportation Department. (Citywide)
This contract will provide for the installation, maintenance and repair of fences, safety
rails and bollards including all labor, equipment, and materials at various City locations.
The Transportation Department and Purchasing recommend authorizing the renewal
with Biddle & Brown Fence Company (Primary); and Western Fence Co Inc.
(Secondary); at $167,100 annually, with an annual increase allowance of up to 5%, or
the adjusted Consumer Price Index.

Regular Council Meeting
October 5, 2020
Page 5
*4-h. Four-Year Term Contract with Six Years of Renewal Options for Inductively Coupled
Plasma - Optical Emission Spectrometry for the Water Resources Department.
(Citywide)
The initial purchase will provide one, Inductively Coupled Plasma-Optical Emission
Spectrometer (ICP-OES), for the Water Resources Department - Compliance
Laboratory, including installation, training, proprietary supplies and consumables, and
maintenance. This instrument purchase is a lifecycle replacement. Years 2 and further
will be sole scurce purchases of consumables, maintenance, and support.
The Compliance Laboratory will utilize the instrument to analyze microbial and inorganic
samples from the City’s drinking water, wastewater, and pre-treatment programs. The
current spectrometer, purchased in 2009, has reached the end of its useful life.
An evaluation committee recommends awarding the contract to the highest scored
respondent, PerkinElmer Health Sciences, Inc., Year 1, at $143,000, Years 2 through 4,
at $43,000 annually, with an annual increase allowance of up to 5%, or the adjusted
Consumer Price Index. The initial purchase is funded by Lifecycle Replacement Funds.
Alma School Road Arterial Reconstruction Project. (Districts 3 and 4)
This project will reconstruct approximately 26,000 square yards of existing asphalt on
Alma School Road between Broadway Road and Main Street and includes the
installation of Americans with Disabilities Act (ADA) improvements for driveways and
sidewalk ramps, replacement of existing striping, including bike lanes and other
miscellaneous roadway work as indicated on plans and specifications. The project also
includes utility improvements of water line replacements, meter boxes, fire hydrants, and
associated valves and appurtenances, and gas line replacements to include new meters,
valves, service lines, and associated appurtenances.
Staff recommends awarding the contract for this project to the lowest, responsible
bidder, The Fishel Construction Company, in the amount of $3,425,587.10 and
authorizing a change order allowance in the amount of $342,558.71 (10%), for a total
award of $3,768,145.81. This project is funded by the 2013 Streets Bonds, 2010 Gas
Bonds, and 2014 Water Bonds.
*5,___ Take action on the following resolutions:
*5-a, Approving and authorizing the City Manager to accept Proposition 202 funds from the
Gila River Indian Community and administer awarded funds as pass-through grants to
designated awardees. (Citywide) — Resolution No. 11566
*5-b. Approving and authorizing the City Manager to enter into an Intergovernmental
Agreement with Maricopa County and the City of Phoenix for the distribution of grant
funds from the Edward Byrne Memorial Justice Assistance Grant (JAG) program under
which the City will receive $134,747 to be used on or before September 30, 2023. The
funds will be used by the Police Department for case management software at the Mesa
Advocacy Center and conversion of Video Oversight interview videos for evidence
storage. (Citywide) — Resolution No. 11567