HomeMy WebLinkAboutAGENDApacket__06-04-24_0541_608
NOTICE OF MEETING
REGULAR MEETING
FOUNTAIN HILLS TOWN COUNCIL
Mayor Ginny Dickey
Vice Mayor Brenda J. Kalivianakis
Councilmember Peggy McMahon
Councilmember Hannah Toth
Councilmember Gerry Friedel
Councilmember Sharron Grzybowski
Councilmember Allen Skillicorn
TIME:5:30 P.M. – REGULAR MEETING
WHEN:TUESDAY, JUNE 4, 2024
WHERE:
FOUNTAIN HILLS COUNCIL CHAMBERS
16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ
Councilmembers of the Town of Fountain Hills will attend either in person or by telephone conference
call; a quorum of the Town’s various Commission, Committee or Board members may be in attendance
at the Council meeting.
Notice is hereby given that pursuant to A.R.S. §1-602.A.9, subject to certain specified statutory
exceptions, parents have a right to consent before the State or any of its political subdivisions make a
video or audio recording of a minor child. Meetings of the Town Council are audio and/or video
recorded and, as a result, proceedings in which children are present may be subject to such recording.
Parents, in order to exercise their rights may either file written consent with the Town Clerk to such
recording, or take personal action to ensure that their child or children are not present when a
recording may be made. If a child is present at the time a recording is made, the Town will assume that
the rights afforded parents pursuant to A.R.S. §1-602.A.9 have been waived.
REQUEST TO COMMENT
The public is welcome to participate in Council meetings.
TO SPEAK TO AN AGENDA ITEM, please complete a Request to Comment card, located in the back of the Council
Chambers, and hand it to the Town Clerk prior to discussion of that item, if possible. Include the agenda item on which
you wish to comment. Speakers will be allowed three contiguous minutes to address the Council. Verbal comments
should be directed through the Presiding Officer and not to individual Councilmembers.
TO COMMENT ON AN AGENDA ITEM IN WRITING ONLY, please complete a Request to Comment card, indicating it is a
written comment, and check the box on whether you are FOR or AGAINST and agenda item, and hand it to the Town
Clerk prior to discussion, if possible.
TO COMMENT IN WRITING ONLINE: Please feel free to provide your comments by visiting
https://www.fountainhillsaz.gov/publiccomment and SUBMIT a Public Comment Card by 3:00 PM on the day of the
meeting . These comments will be shared with the Town Council.
Town Council Regular Meeting of June 4, 2024 2
NOTICE OF OPTION TO RECESS INTO EXECUTIVE SESSION
Pursuant to A.R.S. §38-431.02, notice is hereby given to the members of the Town Council, and to the general public, that at
this meeting, the Town Council may vote to go into executive session, which will not be open to the public, for legal advice
and discussion with the Town's attorneys for legal advice on any item listed on the following agenda, pursuant to A.R.S.
§38-431.03(A)(3).
1.CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Dickey
2.INVOCATION – Pastor Dr. Cathy Northrup, Community Church of the Verdes.
3.ROLL CALL – Mayor Dickey
4.STATEMENT OF PARTICIPATION
5.REPORTS BY MAYOR, COUNCILMEMBERS AND TOWN MANAGER
A.PROCLAMATION: Designation of December 5th as John Cutillo Day.
6.PRESENTATIONS
7.CALL TO THE PUBLIC
Pursuant to A.R.S. §38-431.01(H), public comment is permitted (not required) on matters NOT listed on the
agenda. Any such comment (i) must be within the jurisdiction of the Council, and (ii) is subject to reasonable
time, place, and manner restrictions. The Council will not discuss or take legal action on matters raised
during Call to the Public unless the matters are properly noticed for discussion and legal action. At the
conclusion of the Call to the Public, individual councilmembers may (i) respond to criticism, (ii) ask staff to
review a matter, or (iii) ask that the matter be placed on a future Council agenda.
8.CONSENT AGENDA ITEMS
All items listed on the Consent Agenda are considered to be routine, noncontroversial matters and will be
enacted by one motion of the Council. All motions and subsequent approvals of consent items will include all
recommended staff stipulations unless otherwise stated. There will be no separate discussion of these items
unless a councilmember or member of the public so requests. If a councilmember or member of the public
wishes to discuss an item on the Consent Agenda, he/she may request so prior to the motion to accept the
Consent Agenda or with notification to the Town Manager or Mayor prior to the date of the meeting for
which the item was scheduled. The items will be removed from the Consent Agenda and considered in its
normal sequence on the agenda.
A.CONSIDERATION AND POSSIBLE ACTION: Approval of the minutes for the Town of
Town Council Regular Meeting of June 4, 2024 3
A.CONSIDERATION AND POSSIBLE ACTION: Approval of the minutes for the Town of
Fountain Hills Town Council Work Session - Budget Workshop of April 9, 2024, and the
Regular Meeting of April 16, 2024.
B.CONSIDERATION AND POSSIBLE ACTION: Approval of Resolution 2024-24 for an
Intergovernmental Agreement with the Maricopa County Justice Court to provide video
appearance services for the Fountain Hills Municipal Court.
C.CONSIDERATION AND POSSIBLE ACTION: Resolution 2024-19 approving the designation
of Chief Fiscal Officer of the Town of Fountain Hills for FY24.
D.CONSIDERATION AND POSSIBLE ACTION: Resolution 2024-20 approving the designation
of Chief Fiscal Officer of the Town of Fountain Hills for FY25.
9.REGULAR AGENDA
A.PUBLIC HEARING regarding Resolution 2024-17, approving the final budget for the Town
of Fountain Hills for the fiscal year beginning July 1, 2024, and ending June 30, 2025.
RECESS REGULAR MEETING
OPEN SPECIAL MEETING
CONSIDERATION, AND POSSIBLE ACTION: RESOLUTION 2024-17 - ADOPTION OF FINAL
BUDGET; RESOLUTION 2024-18 - BUDGET IMPLEMENTATION POLICY
Town Council will consider a request to: (a) Adopt Resolution 2024-17, approving the
Final Budget for the Town of Fountain Hills for the fiscal year beginning July 1, 2024, and
ending June 30, 2025; (b) Adopt Resolution 2024-18, approving and establishing the FY25
Budget Implementation Policy and approving the Town's organizational charts, pay plans,
schedule of authorized positions, updated employee job descriptions, and comprehensive
fee schedule for fiscal year 2025.
B.CLOSE SPECIAL MEETING RECONVENE REGULAR MEETING
C.CONSIDERATION AND POSSIBLE ACTION: Waiving attorney-client privilege for limited
purpose of releasing draft wireless facilities ordinance.
D.CONSIDERATION AND POSSIBLE ACTION: Expanding the review of Zoning Ordinance
Chapter 17, Wireless Telecommunications Towers and Antenna, to include review of
Town Code Article 16-2, Small Wireless Facilities, and authorizing the Planning and Zoning
Commission to provide a recommendation to the Town Council regarding modifications to
these ordinances.
E.CONSIDERATION AND POSSIBLE ACTION: Resolution 2024-30, approving one of the
Intergovernmental Agreement renewals presented to Council with the Regional Public
Transit Authority - Valley Metro, relating to transit services in Fountain Hills.
Town Council Regular Meeting of June 4, 2024 4
F.CONSIDERATION OF AND POSSIBLE ACTION: Approval of Cooperative Purchasing
Agreement 2024-067 with Empire Caterpillar.
G.CONSIDERATION AND POSSIBLE ACTION: Relating to any item included in the League of
Arizona Cities and Towns' weekly Legislative Bulletin(s), or relating to any action proposed
or pending before the State Legislature.
10.COUNCIL DISCUSSION/DIRECTION to the TOWN MANAGER
Item(s) listed below are related only to the propriety of (i) placing such item(s) on a future agenda for action,
or (ii) directing staff to conduct further research and report back to the Council.
11.FUTURE AGENDA ITEMS
12.ADJOURNMENT
CERTIFICATE OF POSTING OF NOTICE
The undersigned hereby certifies that a copy of the foregoing notice was duly posted in accordance with the statement filed
by the Town Council with the Town Clerk.
Dated this ______ day of ____________________, 2024.
_____________________________________________
Linda G. Mendenhall, MMC, Town Clerk
The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 480-816-5199 (voice)
or 1-800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to participate in the meeting or to obtain
agenda information in large print format. Supporting documentation and staff reports furnished the Council with this agenda are available
for review in the Clerk's Office.
On the day of the Council Meeting, the Council Chamber doors open at 5:15 p.m. for public seating.
Town Council Regular Meeting of June 4, 2024 5
ITEM 5. A.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 06/04/2024 Meeting Type: Town Council Regular Meeting
Agenda Type: Reports Submitting Department: Administration
Prepared by: Angela Padgett-Espiritu, Executive Assistant to Manager, Mayor/Council
Staff Contact Information:
Request to Town Council Regular Meeting (Agenda Language): PROCLAMATION: Designation of
December 5th as John Cutillo Day.
Staff Summary (Background)
Mayor Dickey will proclaim December 5th as John Cutillo Day in the Town of Fountain Hills.
Attachments
Proclamation - John Cutillo Day
Form Review
Form Started By: Angela Padgett-Espiritu Started On: 05/23/2024 08:23 AM
Final Approval Date: 05/23/2024
ITEM 8. A.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 06/04/2024 Meeting Type: Town Council Regular Meeting
Agenda Type: Consent Submitting Department: Administration
Prepared by: Linda Mendenhall, Town Clerk
Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION AND POSSIBLE
ACTION: Approval of the minutes for the Town of Fountain Hills Town Council Work Session - Budget
Workshop of April 9, 2024, and the Regular Meeting of April 16, 2024.
Staff Summary (Background)
The intent of approving meeting minutes is to ensure an accurate account of the discussion and
action that took place at the meeting for archival purposes. Approved minutes are placed on the
town's website and maintained as permanent records in compliance with state law.
Related Ordinance, Policy or Guiding Principle
N/A
Risk Analysis
N/A
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
Staff recommends approving the minutes of the Town Council Work Session - Budget Workshop of
April 9, 2024, and the Regular Meeting of April 16, 2024.
SUGGESTED MOTION
MOVE to approve the minutes of the Town Council Work Session - Budget Workshop of April 9, 2024,
and the Regular Meeting of April 16, 2024, as presented.
Attachments
Verbatim Transcript
Verbatim Transcript
Form Review
Inbox Reviewed By Date
Town Attorney Linda Mendenhall 05/22/2024 05:35 PM
Finance Director Linda Mendenhall 05/24/2024 06:17 PM
Town Attorney Aaron D. Arnson 05/27/2024 03:52 PM
Town Manager Rachael Goodwin 05/28/2024 07:25 AM
Form Started By: Linda Mendenhall Started On: 05/22/2024 05:28 PM
Final Approval Date: 05/28/2024
TOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR MEETING OF THE FOUNTAIN HILLS TOWN COUNCIL APRIL 9, 2024
A Work Session – Budget Workshop of the Fountain Hills Town Council was convened at 16705 E. Avenue of the Fountains in open and public session at
4:30 p.m.
Members Present: Mayor Ginny Dickey: Vice Mayor Brenda J. Kalivianakis; Councilmember Gerry Friedel; Councilmember Peggy McMahon; Councilmember Sharron Grzybowski; Councilmember Hannah Toth;
Councilmember Allen Skillicorn (arrived at 4:33 p.m.) Staff Present: Town Manager Rachael Goodwin; Town Attorney Aaron D. Arnson; Town Clerk Linda Mendenhall
Audience: Approximately fourteen members of the public were present.
TOWN OF FOUNTAIN HILLS
APRIL 9, 2024 TOWN COUNCIL WORK SESSION (BUDGET WORKSHOP) MEETING MINUTES
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Post-Production File
Town of Fountain Hills
Town Council Work Session (Budget Workshop) Meeting Minutes
April 9, 2024
Transcription Provided By:
eScribers, LLC
* * * * *
Transcription is provided in order to facilitate communication accessibility and may not
be a totally verbatim record of the proceedings.
* * * * *
TOWN OF FOUNTAIN HILLS
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MAYOR DICKEY: Good afternoon -- I was going to say evening -- everyone. We're here
for a budget work study session. And we're informal, but I think we do a roll call, right?
MENDENHALL: Yes, we do, Mayor. Mayor Dickey?
MAYOR DICKEY: Here.
MENDENHALL: Vice Mayor Kalivianakis?
KALIVIANAKIS: Here.
MENDENHALL: Councilmember Friedel?
FRIEDEL: Present.
MENDENHALL: Councilmember McMahon?
MCMAHON: Here.
MENDENHALL: Councilmember Grzybowski?
GRZYBOWSKI: Present.
MENDENHALL: Councilmember Toth?
TOTH: Here.
MENDENHALL: Councilmember Skillicorn on the phone or -- okay.
MAYOR DICKEY: Thank you. Rachael, you want to kick it off? Thanks.
GOODWIN: Sure. Happy to. Welcome to our budget workshop. Yay. As we were
commenting, this is the most exciting day of the year around here. One of them
anyway. As has been sort of the approach the last couple of weeks, you guys got an
email late last week with some details outlining what we're going to do today, what
we're going to talk about. But I think it's always important to sort of outline the value of
why do we do a budget. What's the big deal?
At the heart of every thriving community lies a carefully constructed budget. It's a
blueprint that advocates and allocates financial resources that reflect our collective
priorities, values, and aspirations. Together, we must exercise prudence and
pragmatism in our decision-making, prioritizing projects that will yield long-term
benefits for our community while ensuring that essential services remain accessible to
all residents. Through open dialogue, transparent decision-making, and a commitment
to fiscal responsibility, we can build a budget that not only meets the needs of today,
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but also lays the groundwork for a prosperous tomorrow.
I want to take this opportunity to commend our staff for their commitment and careful
thought -- careful and thoughtful fiscal practices. Through their foresight and sound
judgment, they demonstrate a dedication to safeguarding our financial stability, even in
the face of uncertainty and challenges. And you'll hear more about that as we go
through our budget today.
However, the staff does not operate in isolation. We are supported and guided by the
leadership of our mayor and council, who bear the weighty responsibility of
representing the varied interests of our community. As stewards of public trust, it is
incumbent upon us to work collaboratively to shape a budget that reflects our collective
vision for the future. So let us proceed with a shared commitment to crafting a budget
that reflects our values and serves the best interests of all those we are privileged to
represent.
So today, we will kick everything off and we will be led by our new CFO, Paul Soldinger.
He's going to lead the way for us today and present the details of our proposed FY25
budget.
SOLDINGER: All right. Thank you, Rachael. Mayor, councilmembers, thank you for the
opportunity. I'm here tonight -- this afternoon -- to go over the proposed fiscal year
2025 budget and provide the details to council for their consideration.
So we'll start by going over fiscal year '24, our current year-end estimates for fund
balances.
So we anticipate having about $10 and a half million of restricted fund balances in the
town's restricted funds at year-end. These types of funds are externally restricted by
statute. For example, on the screen, you'll see the streets fund. Statute requires towns
to only spend monies in this fund for highways and streets purposes. And we anticipate
having almost $8 million set aside in this fund for those purposes.
Further, the bottom three funds, the development fee funds, are restricted by statute to
maintain levels of necessary public services to keep up with new development within
the town. As you can see, we have about $2.2 million of combined anticipated
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development fee fund balances at fiscal year-end. But keep in mind that two of the
planned proposed capital projects will eat up about $1 million of the parks development
fee fund balance.
MAYOR DICKEY: Paul, I promise I won't do this on every slide, but the special revenue
fund -- oh, I'm sorry, the debt service fund, I mean. Is that just Eagle Mountain or do
we -- because I know we don't have any debt, so to speak. So what is that and how is it
funded?
SOLDINGER: Mayor, council, great question. So a majority of those monies are in the
general obligation bond debt fund from several years ago. I think, you know, I'm newer
to the town, but I believe it was about nine or ten years ago that the town went through
that process of issuing bonds. So there's still existing fund balances in that fund, and
there's still a little bit of fund balance in the other two funds as well.
MAYOR DICKEY: But what debt do we have besides -- because the Eagle Mountain is
just a pass-through thing. So --
SOLDINGER: Mayor, council, we have no outstanding debt. We just have fund balances
in those funds.
So we also expect to have about $13 and a half million of year-end fund balances in the
town's committed funds. These funds are imposed by past council actions and town
policy requirements. So the top fund, the stabilization fund, as you can see, that's our
rainy day fund. And town policy requires us to keep about 20 percent of the average of
the past five years of general fund revenues in that fund within the general fund. So it's
a rainy day fund for emergencies and things like that.
The second fund below is the capital projects fund, which we discussed during our
capital projects work session on our last work session recently. And we anticipate
having about $6.9 million in that fund at fiscal year-end.
In our assigned funds, we expect to have about $8.3 million of year-end fund balances
to be used on purposes imposed by town policies, such as setting aside monies for
facilities, vehicles, and technology replacements. I just want to note that of the $5.3
million in the facility's reserve fund that we anticipate having at fiscal year-end, 4 million
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of that $5.3 million is specifically set aside for the lake liner project that will come in
future years.
MAYOR DICKEY: The environmental fund, one of the things we talked about a little bit
was eliminating it just because of the fact that it's not generating any money in a
different way. And I know that we talk about it because we can use it for stormwater
and we can use it for culverts, and there are a lot of things that we can actually use it
for. Did staff have any desire to eliminate that, so to speak? Do you find it useful to
have something that's dedicated to culverts and stormwater, or should we just keep
that with the public works? And then, if later we decide to have another discussion
about raising some kind of fee, we could maybe revisit the public safety fee. So would it
help or is it anything that you would look at wanting to do to sort of stop separating this
out anymore?
GOODWIN: Mayor, good question. And I think we get to it a little bit later in our
presentation. And sorry for jumping ahead on you, Paul. Yes, so the recommendation
right now is to sunset the environmental fund if there is no dedicated funding source.
So right now we have the funds in there, and so you'll note as we move through that,
we will be starting to allocate those funds to spend that balance down essentially to
zero. And then if we have a future conversation about something else, yes. It's always
good to have stuff that's earmarked so folks know where the money is going and what
it's dedicated to. But in this instance, because there's no dedicated funding source, it's
not good fiscal practices to have that sort of carve-out. Does that answer your
question?
MAYOR DICKEY: Yes.
GOODWIN: Great.
MAYOR DICKEY: Vice Mayor?
KALIVIANAKIS: Thank you, Ms. Mayor. If we can go back, just like, I think two screens to
committed funds and the downtown strategy fund. I think the downtown strategy fund
is funded by 20 percent of 0.1 percent of the TPT. I know we talk a lot about taking out
of capital improvements and putting it into downtown strategy fund. And this might be
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a good question for you, Amanda, but would it be a good policy to maybe just earmark
more funds for downtown and so we don't have to raid other funds, and that'll just be
self-generating?
SOLDINGER: Mayor, Councilwoman, it's a great question, and I'll have Amanda come
up in just a second to kind of address your question. But to the first part of your
comment, yes. So for the local sales tax rate of 2.9 percent, you're exactly right. Of
that, 2.9 percent, .01 percent goes into economic development type funds, and 20
percent of that 0.01 percent goes specifically into the downtown fund, which makes up
this fund balance. And I'll let Amanda take over.
JACOBS: I didn't think the CFO would give me the mic. Madam Mayor, Councilmember
Kalivianakis, if it were up to me? Yes, let's do it. Is there a motion? We're not making
motions today. But really, that's up to the town manager and her recommended
budget. So I leave it to Manager Goodwin as well as our CFOs. And then obviously, as
we're having council retreats, these are the opportunities to get further clarification and
direction from council. I think historically -- and again, I'll look to Manager Goodwin and
Mr. Pock to help me -- but when we're looking at sidewalks that would come from
public works, for example.
KALIVIANAKIS: Yeah.
JACOBS: As we're looking at certain things within the Linear Park, that's a capital
improvement project and then is managed under community services. So it doesn't
necessarily need to come from the downtown strategy fund. It could come from capital
projects.
Did anyone want to weigh in?
GOODWIN: I'll be happy to chime in. The conversation -- all of what you said is correct.
I think the conversation needs to be as well, as where do we anticipate pulling that
funding source from? Because if we were to change the ratio of that divide, we're just
taking it from one pot to another. It's not new money. It's not a new revenue stream.
We're just dividing the pie in a different way. So if we wanted to earmark more into to
create a more robust downtown strategy fund, it's really just sort of trickling it off from
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another place where the rest of that goes, which I'm assuming -- I think the rest of the
TPT goes into the general fund? Yes. So we would just be pulling, you know, again, just
sort of trickling from the general fund into the downtown fund. Obviously, the
downtown fund has a different purpose and it's governed differently as well.
So that would be one of the conversations, if that's something you guys would like to
see.
KALIVIANAKIS: Yeah. Thank you. And yeah, I guess my point was instead of tapping
other funds to go into this fund, we could just fund this and then let Amanda just say,
okay, well, this is how much we have, and this is our downtown vision plan, this is our
strategy fund. And those two can align according to priority, how much we prioritize
those. And so then it wouldn't have to keep coming to us, quarterly or whatever, and
like, we need more money, we need more. No, we've given you the money. So you
have to spend on what you think would be best for the downtown vision. So it'd be a
new way to look at it, but --
GOODWIN: It would.
KALIVIANAKIS: -- I think it'd be worth having a discussion about.
GOODWIN: Well, and perhaps that discussion aligns with when the downtown strategy
process is complete later this year, as we kind of bring that online and find out what
those recommendations really are and what we really foresee happening, then we can
perhaps throw -- put a real dollar amount to it and a vision as to how, and the timeline
for that.
JACOBS: So I concur with Manager Goodwin. I think maybe keep things the way they
are. And then the plan in October -- September, October is to bring that plan before
council and you see those priorities, and we're getting your stamp of approval. So then
when we come November, right, and start to get more priorities and we're planning for
fiscal year '26 budget, then it's all in alignment.
So I would say maybe leave things the way they are. I love the forward-thinking. We're
all in alignment too with staff, and then we take care of it this fall. Thank you.
MAYOR DICKEY: Just on that note, I'm glad that you're saying -- you don't have to come
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back, but I guess I'm a little bit surprised because the bigger pot is economic
development. And then what we're drawing from is economic development for
downtown. So I would think that looking holistically at the whole town, we might want
to keep it there. But you just said that, so that's good. Thank you. I think we have a
question from Councilwoman McMahon.
MCMAHON: Thank you very much. Going back to assigned funds and if we sunset the
environmental fund.
SOLDINGER: Yes.
MCMAHON: Can those funds be used for anything, or do they have to be applied
specifically to a particular area?
SOLDINGER: Mayor, Councilmember, good question. So my understanding of it is the
town used to impose a environmental fund fee to the citizens of the town that we
collected in the past, and we have that existing fund balance. So those amounts are
assigned based on policy restrictions for the purposes of watershed improvements --
something like that. Right? Is that the best - stormwater improvements. Excuse me.
So those are the only purposes we can use those monies for at this time.
And as the town manager mentioned, towards the end of our presentation will indicate
that we budgeted to expend those monies in totality for this coming fiscal year.
MCMAHON: Okay. Thank you very much for the clarification.
SOLDINGER: No problem. Real quick, Mayor, Councilwoman, just to go back to some of
your comments. I just wanted to add a couple items for your consideration. In the
proposed capital projects that we've already discussed and I'll touch on later in my
presentation, one of those projects is kind of earmarked to come from those downtown
funds, the downtown restroom project. And so if we do move forward as a town with
that project, that will expend about 80 percent of that fund balance. So just keep that in
mind as we go forward.
And just to give you an idea of how much monies are going in that fund each year based
on fiscal year 2025 projections, we project about $120,000 to be deposited into that
fund our next fiscal year. Oh, so before I move on, I want to touch on the unassigned
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funds. It's a really important fund balance to kind of get into based on town policy
considerations. As we noted at the CIP work session, we will be recommending a $2
million transfer to the facilities reserve fund that you see above. Currently it has $5.3
million. Of that $2 million, we're recommending that $1 million of that $2 million be set
aside for the lake liner project as well, because that will be a significant expenditure in
the future.
Town policy, just like the other fund balance I just mentioned, the rainy day fund, town
policy also requires us to keep the same amounts in this unassigned fund balance, so
we're required to keep about $4 and a half million after fiscal year-end in that fund
balance. And that will leave over about $4.7 million that town policy will require us,
after fiscal year-end, to transfer into the capital projects fund. And that's one of the
items that I mentioned during the CIP work session as well, that made up that $11 and a
half million of total available for capital projects.
FRIEDEL: Paul, I have a quick question. So did I hear you right? The facilities reserve
fund, four million of that is lake liner?
SOLDINGER: Mayor, Councilmember, yes.
FRIEDEL: Okay.
SOLDINGER: Exactly.
FRIEDEL: Thank you.
SOLDINGER: So just briefly, to give you an overview of all funds across the town. We
estimate that we'll have about $43 and a half million of anticipated fund balances at
year-end, which is about a $1 and a half million increase from the prior fiscal year, which
is just a tribute to our conservative budgeting practices and methods.
And below, if you're interested, those are some of the metrics that we use. Just like I
mentioned, we're required by policy to maintain a certain fund balance, which is 20
percent in two different buckets in the general fund. Of those, the five-year average of
general fund revenues on the screen of $22 million.
MAYOR DICKEY: That 50 percent and six months is basically a good goal to have?
SOLDINGER: Mayor, that's just -- 50 percent is the unassigned fund balance as a
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percentage of the annual the -- the average of the annual general fund revenue. So
we're just trying to say we have $11.3 million before we have to do all those transfers.
That's really like unrestricted monies that we could use before those transfers. So we
could cover basically half the year of general fund operations if need be, if an
emergency occurs, things like that.
All right. So now we're just going to get into our overall budget process, something
we've already touched on in other work sessions. And we're going to get into some of
our fiscal year 2025 projections. So as we've mentioned, we start at our base budget
from the prior year. We also consider contract modifications, things like benefit
changes and things of that nature. And then we go through the supplements process
,where departments submit those supplements to us and we discuss them with each
department during departmental meetings. And then we conduct an internal needs
assessment with the town manager. And then town manager recommendations are
included in the proposed budget that we're discussing today, to maintain core services
and programs for our town citizens. And then we go through this process where we
meet with you and present the information, receive the input from the council, and we
incorporate that into the tentative budget which we'll bring forth next month, in May of
2024. And then after that, it's kind of the final budget that's adopted in June of 2024.
Just some brief overall budget considerations. The proposed budget book is available
on the town's website to council as well as the public. You received an email with the
link. It's also here. We have some links throughout if we need to refer to it, but we did
want to go over some key terms real quick.
Budget authority is not the same as fund balance or contract authority. Fund balance,
kind of like we've talked -- like this concept of buckets -- it's basically monies that we
have in these buckets that can be used for different purposes for the town. So it's
basically -- think of it as cash in the bank. It's like a savings account, but we can only use
them for certain purposes, depending on statute or other restrictions. Budget
authority -- or actually, let me refer back to the fund balance slides that I went over in
the beginning. That's kind of what we're talking about. We have that money for those
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purposes like, we talked about the environmental fund. We can use those for
stormwater improvements and things of that nature. So that's what we're talking about
when we're going through the presentation.
Now, budget authority is the departmental permission to use the cash. So once the
budget is adopted, throughout the year each department has their own budget that
they can expend from to meet the town's objectives and provide services to our citizens.
And lastly, contract authority is essentially the terms and conditions agreed to in those
contracts between the town and each vendor that we work with.
So real quick, some overall budget considerations. Of course, the expenditure limitation
for fiscal year 2025 is going to be important during the final processes of getting this
budget together through the tender process, and the state has set the town's
expenditure limitation at about $35.6 million. You'll see later in the presentation that
our total budget expenditure is going to exceed that amount. But that's just because
there are certain exclusions that are allowed, such as grant monies, HURF monies,
debt -- if we had debt proceeds that we were spending -- and things like investment
earnings. So we consider all that through the tentative budget process and we'll discuss
that a little bit later on.
And if revenues are less than expected or less than our projections, expenditures must
also be reduced to maintain fund balance.
MAYOR DICKEY: Paul, with the grants you have -- when we were going through the
capital improvement, we know that sometimes we have to put the money up and then
we get reimbursed. So is it the actual amount that we put forward? Are we allowed --
we're allowed to spend that if it goes over and then we're going to get reimbursed or
how does that balance page look like?
SOLDINGER: Sure. Mayor, council, great question. I'll try to explain it, but it's a little
confusing to explain. But if we think back -- and I'll get into the capital projects in a little
bit too. But if we think back to the capital project work session, we talked about $3
million of capital projects that could be funded partially by grants. And we talked about,
let's say, 2 and a half million of that 3 million could be covered by grants, but we'd have
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to get reimbursed after the fact. So through our budget process, we're required to
budget for the full amount, because we'll expend that upfront. And once -- again, we'll
talk about this too, but we wouldn't even move forward on those projects unless we
were able to obtain the grant funding. So once we go through that process we spend
the $3 million, we get the $2 and a half million back, that $2 and a half million we can
use as an exclusion to say, hey, these weren't really monies that should be considered
under the expenditure limitation, because that's not really the purpose of the
expenditure limitation. So that's just one of the items that we're able to exclude as a
town.
MAYOR DICKEY: But not the amount that we spent? If like, so we actually had to match
or whatever, that is not excluded from the authority?
SOLDINGER: Mayor, you're absolutely correct. Not the amount that's the town match,
it's just the amount that's reimbursed from the grant monies that we can exclude.
MAYOR DICKEY: Councilman?
SKILLICORN: Thank you, Madam Mayor. I just had a quick question about the
expenditure limit. As I recall, last year it was at $43 million, this is 35. I assume I know
the answer to this already, but can you kind of go over why there's such a big
difference?
SOLDINGER: Sure. Mayor, Councilmember. Yeah, great question. So the $43 million
you're citing, I believe, is the total budgeted expenditures last year. The expenditure
limitation, it only goes up year-to-year -- as far as I know. I've never seen it go down.
But essentially how it works is in 1980, the state set the expenditure limitation, then
each year they increase it based on two factors: being the population of the municipality
of the town and inflation factor. So last year it was around $34 million, 33 to $34
million, but I could get back to you with the exact amount, Councilmember.
MAYOR DICKEY: But that's just an expenditure limit. It doesn't mean we have to or -- it
just gives us the authority to do that should we have a project or come into more
revenue than we thought, but we don't have to spend that money.
SOLDINGER: Mayor, yes. The expenditure limitation is there to ensure that we're just
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not -- we get a whole bunch of money and we're just spending it, you know? It kind of --
it's like a check and balance for the government for a municipality. So you'll see
throughout the presentation, that even though we're considering the exponential
limitation through our budgetary process, that our budget is really the limit of our
expenditures as a town. You're often going to see that our expenditures come in well
below. And that's just another consideration along the way that we have to take into
account that we have to stay under as a town.
Mayor, Councilmember Skillicorn, David just mentioned that last year's expense
limitation was $34.3 million.
So revenue assumptions. Town staff remains conservative when estimating revenues.
We actually just got our third quarter fiscal year 2024 revenue reports in very recently,
and we wanted to highlight this. It's a good example of our conservative revenue
projections. So far through this current fiscal year, we've exceeded projections by
about 34 percent for TPT taxes. We brought in about $15.2 million, while we budgeted
about $11.3 million through the first nine-month period. So also on this slide, it's good
to understand that preliminary state-shared revenue estimates were received from the
league. We use those, they're very accurate year-to-year. And we actually just received
the final projections and I believe they are very, very similar to the preliminary
estimates that we received.
Some expenditure considerations. This is one thing we talked about at the council
retreat. The contingency amount is included in the general government in your budget
book. It provides budget authority for unforeseen or emergency expenditures only if
expected revenues are received. It's a way that we balance our general fund budget
from our expenditures to our projected revenues. You'll see that in the presentation.
And our general fund expenditures, excluding the contingency for fiscal year 2025 for
the proposed budget, is about $23.4 million. About $300,000 more than the current
year for the general fund. And that's not including any potential pay adjustments or
things of that nature.
MAYOR DICKEY: Oh, it does. So it includes the contingency. And does it include the
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supplements?
SOLDINGER: Mayor, I might have misspoke a little bit. The 23.4 million does not include
the contingency. So if you add that 23.4 plus the 2.4, that gets you to the total budget
expenditures of 25.8 in the general fund, but that amount does include the
supplements.
MAYOR DICKEY: It does?
SOLDINGER: Um-hum.
MAYOR DICKEY: Okay. Thanks.
SOLDINGER: As far as staff pay adjustment considerations. We're going to discuss that
today and ask for council direction on that. And that would reduce that contingency
amount. So that $2.4 million you see on the screen, let's say -- I don't want to throw an
amount out. If you approve an increase, that would reduce that amount.
MAYOR DICKEY: And we'll get to it, but I think we talked about a code enforcement
officer. So I don't think that's in the budget, so to speak. So if we decide to do that,
would that come out of the contingencies and then that 2.4 -- which is really a big
amount for a contingency anyway, I think -- but would come down and it would change
then that 23.4 million by that amount?
SOLDINGER: Mayor, Council. You're exactly right, Mayor. And we actually added a
slide -- it's not in the packet that you received, we added it after the fact. So we'll
discuss that proposed code enforcement officer with animal control responsibilities as
well. Grab some water real quick.
So on your screen is a broad picture of the town's projected revenues for fiscal year
2025. Fiscal year 2024 and 2025 show budget amounts in light shaded green for
revenues and blue for expenditures. You can also see that in the previous three fiscal
years, we exceeded projected revenues in two of those years and anticipate exceeding
revenues for this current fiscal year based on the projections I just talked about.
I did want to bring up the fact that in the council retreat, we talked about certain
revenue reductions that we can expect for fiscal year 2025 and prospectively. So I
wanted to bring those to your attention as well; those are also included in these figures.
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We expect that we will reduce our urban revenue sharing revenues from the state,
which is basically state income taxes that the state shares with the town, by about $1.3
million in fiscal year 2025. And we're also losing the -- we anticipate losing the long-
term residential real estate tax that will go away in January 2025. That will affect the
town by about $300,000 next fiscal year. And fiscal years after that, it will be about
$600,000, is what we're projecting to lose.
MAYOR DICKEY: So the 1.3 is the flat tax coming into play? And then 300,000, because
it was rental tax will get up -- so it would be about $2 million, maybe, by the time we get
to FY2026. And continuously a less amount that we'll collect that in that way? All right.
Thanks.
KALIVIANAKIS: Just one moment, Ms. Mayor. And just for clarity's sake it goes from 300
to 626. Why the bump? I was anticipating 600,000. Why only 300,000 for '25?
SOLDINGER: Sure. Mayor, Councilwoman. Yeah. Great question. So really, for that
one, it's just because it's halfway through the next fiscal year is when it goes into effect
in January. So we're losing about half the year of revenues for that revenue stream.
And then it's going to be completely gone the next fiscal year, which is the bump up to
the 600,000. All right.
Despite these revenue reductions, we project the town's revenues to still increase by
about $365,000 next fiscal year, which is primarily due to the increasing local sales tax
revenues that the town has been receiving.
Here is also a broad picture of all proposed planned expenditures for fiscal year 2025 on
your screen. Total proposed expenditures of $47.1 million is an increase of about $4
million from the current fiscal year. And pretty much the entire increase comes from
increase of proposed capital projects that we discussed during the capital projects work
session.
MAYOR DICKEY: Does that include -- oh, I'm sorry -- does that include the yellow light
ones that -- oh, you're going to talk about capital. But yeah, because I think it's like 10.5
million capital, that is the difference right there. So if you see that, you'll be like, what
the heck? That's what it is. It's capital funds. But when we talk about the projects, we
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make sure that we know which ones we're talking about. Was it the yellow light ones?
GOODWIN: Yes. And just to clarify, so every, whether they are considered yellow or
green, they are all budgeted for at this point. So that is all in that number.
MAYOR DICKEY: Right. Gerry?
FRIEDEL: Paul, you mentioned that even after all the reductions in the state-shared
revenue and the rental tax, that we would still be a net 360. Is that still using your
conservative approach?
SOLDINGER: Mayor, Councilmember, yes. We're using the same approach that we've
used for years, which is a conservative approach to forecasting revenues.
Any questions before we move on to supplements?
MAYOR DICKEY: The amount that we collected in sales tax, that's quite healthy. Does
any of that have to do with inflation and any anticipation of that changing? I know that
we're still going to budget in a very conservative way in what we expect from sales tax,
but do you think that this is a trend that could still continue and we may end up being in
this good position again next year?
SOLDINGER: Mayor, Council. Great question. I mean, you know, I am newer to the
town, so I don't want to come in and completely change things or anything like that.
But you know, we are seeing increased revenues in certain areas and some of them are
one-time in nature and really, frankly, difficult to forecast. For example, construction
sales taxes were well exceeding our forecast for construction sales taxes so far through
the nine months. We budgeted $1 million of those revenues total through the nine
months, and we've already received $2.4 million. So that's explaining part of it. I think
that's the main thing to point out there.
MAYOR DICKEY: I don't want to hear anything else. That's good.
SOLDINGER: Yeah. All right. So as I mentioned, we've included town manager and
staff-recommended supplements in the proposed fiscal year 2025 budget, which we'll
go over now. Please note that in your printed budget books that you received, they also
include the full list of department-requested supplements. But today, for the purposes
of this presentation, we're only going to go over the recommended supplements.
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MAYOR DICKEY: And I'm going to just give Rachael -- I wanted to make sure that she
was clear with that, because there were a lot of great requests from every department.
And she did eliminate quite a few of those or made them smaller. So I wanted to give
her credit for doing that. I don't know if you would all agree that "credits" the right
word, but she's looking out for all of us, so thanks.
SOLDINGER: All right. So real briefly, these supplements are made up of $267,000 of
total ongoing non-personnel supplements. You'll see towards the top left of that slide;
it's breaking it out by different funding sources. So 121,000 of that 267 would be paid
out of the general fund for ongoing non-personnel. 144,000 would be coming out of
economic development-type funds, including the downtown strategy fund and the
tourism fund. And $2,500 would be coming out of the court enhancement fund for the
courts.
We also have about $109,000 of total one-time supplements and $148,000 of total
personnel supplements, which we'll discuss in just a minute.
So on your screen, here are the $121,000 of non-personnel ongoing requests from the
general fund. Two of these requests include full revenue offsets which will generate
enough revenue to cover the expenditure. Does council have any questions on any of
these items?
MAYOR DICKEY: In general, why are non-personnel non-ongoing called supplements? I
mean some of these are just going to be every year. What makes them a supplement
instead of just a regular budget item?
GOODWIN: I think it's more of a semantics than anything. The way we internally, we
review it is that these are not currently budgeted for. They're requests to be added to
our base. So correct, in that if these are approved, these are now incorporated into the
base budget and they become a year over year expenditure. So for instance, I'll just
take the first one, the splash pad sealant. It requires that to be added to the budget
year over year. So that's what we would do. So we see it as a supplement because it's
not currently part of the base. The request tonight is to say, yes, we want to add these
to the base and understand that these are ongoing.
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We refer to anything basically that's over and above our base as a supplement internally
if and until it's adopted.
MAYOR DICKEY: Never mind. We had T-shirts last year at the Turkey Trot and then --
GOODWIN: Yes, we did. And they are a favorite. So for instance, the Turkey Trot shirts,
we have more runners, we increased runners.
MAYOR DICKEY: Okay.
GOODWIN: We have to spend more to get more T-shirts. That's what that is. Same
thing with the restrooms. We have more people. We need more restrooms. That's
kind of -- it sort of goes hand-in-hand. So a lot of these are a little bit in -- those
particularly are in response to increased demand. And then some of these are, for
instance I'll use the Make a Difference Day project cost. We all know Make a Difference
Day is a very popular program. And we have more and more projects that come online
each year and we want to be able to tackle them. Well, in order to do that, Kim needs a
little more in her budget in order to do that. So a lot of these are translated because of
either cost, direct costs, or because we're taking on more in those programs.
FRIEDEL: Suffering from success.
GOODWIN: Yes. The success of the programs. Exactly.
MAYOR DICKEY: Thank you.
SOLDINGER: That was a great way to explain it. That's better than I would have done.
So thank you.
MAYOR DICKEY: Councilwoman?
TOTH: I had one more question on this slide and it might be a little bit in the weeds.
But the last one, Microsoft Office 365 license upgrades. What are we upgrading and
why?
GOODWIN: Oh. Where's Mike?
TOTH: Sorry, I put Mike on the spot. I will send him an email instead.
GOODWIN: I'm going to take it -- I'm going to take a stab at it. But I don't know for
sure. But I think we also brought more staff on. And the more staff you have, the more
licenses you need for those types of services. So all of that is kind of part of that ask.
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GRZYBOWSKI: And the prices go up every year.
GOODWIN: That too. Their contract prices do go up.
SOLDINGER: Moving on. Right. So on your screen are the $144,000 of non-personnel
ongoing requests from economic development type funds. And we actually have
Amanda, our economic development director, available here to answer questions if you
have any questions on any of these items.
All right. Lastly, the court has one supplement that will be paid out of the court
enhancement fund. Any questions from council before we move on to the one-time
supplements? No? Okay.
Right here are the two personnel supplemental requests that include estimated offsets.
Adding another recreation assistant for our parks would help us better meet demand for
our additional programs which would bring in additional revenue to the town. And
that's that $16,000 estimate offset there to the right. Further, the senior building
inspector would allow the town to hire contractors less often to perform these
necessary inspections, with an estimated offset savings of about $110,000. Now keep in
mind this new staff member would need an additional vehicle the town would have to
procure, which is included as a one-time supplement on the next slide.
So as I mentioned, here are the four one-time supplemental requests that would all be
paid out of the general fund. And the top one relates to that new vehicle for the
building safety inspector.
KALIVIANAKIS: Just going back to the previous slide, the recreational assistant. I assume
that's a part-time?
GOODWIN: Yes. Vice Mayor, that's correct. It really is intended to supplement our
evening and weekend programming. When you need to have a body out there to
facilitate, let's say, a cornhole tournament or a pickleball program or something of that
nature.
KALIVIANAKIS: Okay. Good. And they qualify for benefits or no benefits?
GOODWIN: I don't think so. Is that right? Non-benefited.
KALIVIANAKIS: Okay.
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GOODWIN: There you go.
KALIVIANAKIS: Thank you.
SOLDINGER: All right. So that concludes our supplements. Any questions from council
before we move on?
Recommended supplements. We have one more supplement to discuss. I believe we
discussed this at the council retreat. But council discussed a potential new code
enforcement position with duties over animal control enforcement during the budget
retreat. Although that request was not included in the proposed budget by town
manager and staff, we wanted to bring it to your attention before the tentative budget
next month. If council directs us to add this new staff member, it will cost the town
about $95,000 of annual costs, with about $30,000 of offset savings from removing a
contract with the county for animal control services.
It will also cost about $43,000 in one-time costs, including purchasing a new vehicle. We
are asking for council feedback and direction on this item at this time.
MAYOR DICKEY: Councilwoman?
TOTH: I'll just start by saying thank you for including this. I know this was a discussion
we had a lot of different opinions on. My opinion would remain the same, or maybe be
a little bit more extreme now of, no, thank you. I know we do need a code enforcement
officer. That's something I'm interested in looking at in the future. The original plan of
having it focus primarily on the leash law, I don't think I agree with. And was I correct in
thinking that we were already not going to have -- continue the contract with Animal
Control?
SOLDINGER: Correct.
TOTH: That was already? So the 30,000 is like an offset, but an offset that would have
happened anyway. Anyway, I'm thinking out loud a little too much here, but I would say
that this is a good opportunity to save some money, not save some -- not spend more
money than we planned because you were already planning to not do it. Anyway.
MAYOR DICKEY: Councilwoman?
MCMAHON: I have a question. I don't know who to direct this to. Wesley -- John
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Wesley, is it -- we have a -- one of the code officers is part-time right now, correct? Is
this a brand new full-time one, or are we turning the part-time one into full-time?
WESLEY: Mayor, Councilmember McMahon, yes, we do currently have two and a half
officers. My understanding of this proposal as we heard it from council, would be for an
additional full-time.
MCMAHON: Okay. And this isn't just for a dog catcher, correct?
WESLEY: I would turn that back to Manager Goodwin and the council. We heard a lot
of discussion at the retreat.
MCMAHON: Yes.
WESLEY: And so that's what we need some clarity on.
MCMAHON: It was my understanding, I think, that the additional code officer would not
just be for leash laws, et cetera, that it would be for as needed for code enforcement,
period.
GOODWIN: That was certainly one element that was discussed.
MCMAHON: Right.
GOODWIN: And I think that there was a question -- the original point was how could
this person better enforce our leash laws, help us with the curb your pet efforts, and
things like that. And then it sort of evolved into, well, you know, could they do more
than just that? Because that's not a full-time role, I don't --
MCMAHON: Correct.
GOODWIN: So that is -- that was the discussion. The question is, is there still that
expectation associated with this role? What would they be asked to do? There's
definitely some clarification needed because if leash laws and other animal control
elements were incorporated, they don't have the authority per se for ticketing and
things like that.
MCMAHON: Correct.
GOODWIN: So that's where things kind of devolved a little bit.
MCMAHON: Okay. So having given that explanation -- thank you very much -- it seems
to me that this new code officer is needed to enforce the codes that are being enacted
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by council, et cetera. That we're busy enough that we need a code officer and when
appropriate, this code officer would enforce leash law. It's not just a dog catcher,
correct?
GOODWIN: Correct.
MCMAHON: Thank you. So it's based on need not want, it sounds like. So I'm for it.
MAYOR DICKEY: Councilwoman? Oh, sorry, Sharron.
GRZYBOWSKI: That was me. According to my notes from the retreat and our long
conversation about it then, and the code enforcement officer that was actually here,
they are very busy. And he made it perfectly clear that they would welcome another
full-time person. Yeah, it's another $65,000 a year over the savings that we're going to
be making from dumping the animal control people, for lack of a better word. I feel like
we heard from staff that they need this, and I know we hear from the town that they
want more code enforcement presence out there. Whether it -- we talk about the dog
park or we talk about other aspects of code enforcement, we hear from our
townspeople that we need to have more code enforcement. So I would totally support
this.
FRIEDEL: I would have to say that I'm against this. We don't have a leash -- a big leash
law. I think there were 350 occurrences that Vince checked on when he was up here
talking to us, and he found six or seven people without leashes on there. So I don't
think it's a rampant problem that would necessitate almost $100,000. I know there's
30,000 annual savings, but then there's 43,000 in a vehicle as well. So I would be a wait-
and-see on this. I don't think it's something that we need to do right now.
MAYOR DICKEY: I'm for it, of course. I think we need it in general, and I don't know, I
guess I just get people writing me saying they're getting bitten and that it is an issue.
And I don't know that that is something that would have to be worked out with staff on
how this particular person could handle that aspect of the job. But again, the $30,000 is
an annual savings. So it's -- and yes, we would need another vehicle, so that is a one-
time cost. But I think it's well worth it to do that. Remind me was it in the bottom line?
I think I had asked that -- if it was included, it was not yet. So this is the discussion to
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include. So it would be really 65 ongoing and then the vehicle. So I think it's a good use.
And we did hear that from the code enforcement officer when he was here, in general.
So not just for this aspect of it as Peggy said.
Brenda?
KALIVIANAKIS: Thank you, Ms. Mayor. I guess, just to raise a point of order, is this
something that we're actually taking guidance on tonight? I thought we're just here to
talk about the budget. Isn't this something that's going to be handled in a future
meeting?
GOODWIN: What we need to know tonight is if there is a consensus to add it to the
budget, because right now, it's not in the budget. Originally, it was not proposed by
staff. It was not an ask. It wasn't a supplement proposed by staff. It came out of the
conversation that we had regarding the animal enforcement and things like that. I'll be
honest in that, I think if you asked all of our departments if they want another staff,
they're all going to tell you yes. And goodness -- and we love Vince and we do know
code enforcement is inundated. There's no doubt about that. I think we all get calls and
emails over the weekend about things that are or are not being addressed. And again,
more enforcement means better adherence to our codes, no doubt about that.
But at the same time, if the focus is on the animals, we don't have a plan yet on how we
would tackle that. So I think that that's a crucial conversation as to how we would do
that. But to answer your question, Vice Mayor, yes, we are looking for direction of
whether we should be including this into the tentative budget that comes back next
month.
KALIVIANAKIS: So tonight would be the appropriate --
GOODWIN: To let us know if --
KALIVIANAKIS: -- time to do that?
GOODWIN: Yeah.
KALIVIANAKIS: Okay.
MAYOR DICKEY: Hannah?
TOTH: I just wanted to reiterate that that $30,000 of annual savings is something we
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are already saving. So this -- yes, it is an offset in that it's in the same vein, but am I --
am I correct in saying that the $30,000 a year is what we're looking at here? We either
have $30,000 of annual savings or 105 this year and then, essentially, 65 each year
afterwards? So when I had mentioned in previous meetings that maybe we need to
tighten our belt a little bit, show the community that we're serious about this roads
issue ourselves and we just need their help, I would personally need to vote on the side
of spending negative 30,000 versus spending 105.
FRIEDEL: And I also think I agree with Rachael that Vince stood there and he said, hey, if
you ask me if I want another person, I'm going to always say yes. But he also made it
clear that this future code enforcement person has no teeth to stop somebody, confront
somebody, or do anything. So again, I don't see the effect of it.
MAYOR DICKEY: Councilwoman?
MCMAHON: I think that, basically, part of the conversation is if possible this code
officer could have animal control, if possible. But regardless of animal control, I heard
that a code officer is needed in order to properly enforce our codes that are on the
books. So I think the emphasis needs to be on the need for the staff versus just one
aspect of it -- potential aspect of it. So again, I'm for a code officer based on the need.
MAYOR DICKEY: Councilman?
SKILLICORN: Thank you, Madam Mayor. You know, I see this town, I see it as a very
dog-friendly community. I see a lot of people walking dogs, enjoying their animals
outside. I don't see the pressing demand or need for this. I'm not getting emails about
people getting attacked. If you're out there and you've been attacked by a dog, let me
know, maybe I'm wrong, I'll be the first to admit that. But I just -- I have not gotten a
single resident that has ever told me that. So I don't think it's a need for that. And you
know, there's a pressing need for roads in this town. You know, we got roads crumbling
away. And the idea of expanding, hiring more people and such, that are not working on
roads, is not something I'm going to support.
MAYOR DICKEY: The Maricopa County Animal Control, did they provide a service for us?
GOODWIN: Right. Define service. On paper, yes. And they did provide -- we had a
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contract with them. The hazard was that the contract was such that they had five days
to respond to a dog off leash. Well, that's not really a reasonable amount of time to
address that type of an issue. And they tiered their concerns in tier 1, which is
something an active dog at large, vicious, rabies, whatnot, that they would react in
those situations. But when you have a dog off leash or if you have a dog wandering a
neighborhood, they weren't able to. And were truthful about that, they'd said, we
won't come for that. We aren't able to do that. They're not equipped or staffed to do
that. So that left us sort of in that no man's land of, well, we don't have staff available
to do that. It's not MCSO's role, nor do they have the capacity to do that.
So if we're paying for their services, in which case -- which, by the way, the 30,000 is
what we had budgeted. What we were actually billed was 48, because their fees
continued to increase. But we had no justification as to why, because our services are
our asks and our deliverables had not changed. So if and when they did come out and
respond to a call or they followed up on something or there was an issue, yes, they
would take dogs, they would -- or animals of any kind. They do have the housing
capacity, so if there was a -- somebody dropped off a stray dog or called about that,
they are able to house those and whatnot. So we do have those services, but we really
didn't utilize them to the extent that -- for $30,000 worth, frankly.
We were also at an impasse with them because we were relying on them to come out
and offer sweeps of our parks. So over and above our contract, we said if we -- are we
able to have an officer come once a month, twice a month, to a designated park to do
sweeps and issue potential off-leash tickets? And we did that for probably two years
with them, and then we got to a point where they said, we can't do that. We're not able
to provide that. And oh, by the way, until you pay the 48,000, we're not even going to
have the conversation about how we could get there. So there was quite a bit of an
impasse in their services.
MAYOR DICKEY: So the service that they should have provided, though, was something
that was needed on a sporadic level? Or what I would say is if we're not going to
provide this, it seems kind of odd that we have no answer here for something that
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probably every city has, which is dogs that are not rabid or anything like that, but that
are off leash or are chasing kids or whatever, it doesn't have to be a vicious attack. It's
still against our ordinances that we have in place and we're not enforcing them. So if
that's the case and we're not going to do this particular code enforcement officer, which
I think could use -- we could use anyway, then we should come up with an answer for
people to call or to write or somewhere for them to turn so that they know what to do
when these things happen to them at the park, to their kids, to their dogs.
GOODWIN: Mayor, I don't disagree. I think two things to that point is: one, Maricopa
County Animal Control is -- we are still part of the county and they are still obligated to
provide us service, whether we have a contract with them or not. And please chime in if
I'm wrong, because I remember we've talked about this a number of times between
myself and Pock and Aaron. My understanding is they still have an obligation to serve
us. So if there is a situation where there's a -- where they need to be called, they can
be.
What we have foregone is our designated contract where they provide certain service
levels, but they do still --
ARNSON: Emergency services.
GOODWIN: -- yes. They do still have emergency services for us. That being said, you're
right, we don't have a plan as to what now. I go, we're still in the same boat. There's
still not a responsible party that is showing up when you call and say, hey, there's an off-
leash dog over here.
What I would recommend if there's a conversation, is to continue this conversation and
figure out what we really can do reasonably, responsibly, and what that financial cost is?
Is it another code enforcement officer? We've evaluated that. That seems like it's not
going to get us where we want to go. So the question is what then? And we're still kind
of working through that. So before we -- is it more prudent to wait on bringing a staffer
on board until we have a plan and we know what we want of them, so that when we
hire them, hopefully they have the skills and the necessary training that we are looking
for.
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MAYOR DICKEY: Thank you. It's clear there's not support for this. So I think. Yes,
Gerry?
FRIEDEL: I would ask one thing. Consider maybe looking at this as a part-time. You've
got two and a half now, so you've got a guy or a person that's here part-time.
MAYOR DICKEY: For me? Oh, sorry. Go ahead.
FRIEDEL: I'm sorry.
KALIVIANAKIS: Excuse me. I'm sorry to interrupt.
FRIEDEL: Oh. Maybe take a look at seeing if there's something we can do in a part-time
basis. Then you wouldn't need another truck. He could use the truck from the other
person. So there's some -- there would be a lot more savings. And maybe it's
something we can look at as a part-time.
MAYOR DICKEY: Sure.
SOLDINGER: Mayor, Vice Mayor Kalivianakis, is there any way we could get your further
input on this? Because I'm not sure that we got your full input on this.
KALIVIANAKIS: Yeah. Actually, I just turned on my light, like, five seconds ago.
SOLDINGER: Okay.
KALIVIANAKIS: I'm kind of with the Goodwin strategy on this whole thing. I'd kind of
like to flesh it out a little bit more. I wasn't actually prepared to vote on this tonight. I
can see the merits of having another officer. On the other hand, in our last meeting, we
couldn't really address the dog bite issues, we don't have the kennel that we could
impound the animals. And we don't have a cooperative agreement, I don't think, with
Maricopa County. And so that seems like the -- for the security of having an officer that
could do more than just yell at people to put your dog on a leash, that seems like all he's
going to be doing. And so if we could flesh this out a little bit more, maybe change the
code, maybe put some teeth into a code, then I think it'd be it would be worth having
this officer. But if we don't have any teeth in our existing code, and if all he can do is
yell at people and they don't have to provide ID, they don't have to to do anything other
than it's my dog and just leave me alone. Then it just seems like it might be a waste of
money. So if we could provide the code enforcement officer the ordinance would take
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to actually enforce this, I think it'd be a great idea. But I just don't -- I don't think we're
there yet.
SOLDINGER: All right. Thank you for your feedback. So we're going to move on.
Related to staff pay adjustment data. Staff has compiled relevant pay adjustment data
for council consideration, similar to last year during the same session. As you can see,
the average for all this data is almost five percent -- on your screen towards the bottom
right. And each one percent increase would represent about $100,000 in payroll costs
for fiscal year 2025, which includes the added in-house fire department that just came
in-house a few months ago. Any council direction on pay adjustments for staff will be
incorporated into the tentative budget and will reduce the contingency amount that we
discussed earlier of $2.4 million. And at this time, we are requesting council feedback.
FRIEDEL: I guess I'll start it out. So last year we gave a cost-of-living increase of seven
percent. Some of the work that I did preliminarily, SHRM, which is a major HR firm,
their average increases are around 3.8 percent this year. And Willis Towers Watson,
another big HR firm that does surveys across the nation, they were around four percent.
And last year, like I mentioned, we had given seven percent pay raises. So I think
somewhere in our -- the way I'm looking at this is, somewhere between three and four
percent would be somewhere to start, anyway, with the conversation.
MAYOR DICKEY: Councilwoman?
TOTH: Just as a clarifying question. The 2.4 million contingency, that's the one where 1
million of it would be going to the lake liner; is that correct?
SOLDINGER: Mayor --
TOTH: That's not the same? Sorry.
SOLDINGER: Councilwoman. No, that would be separate. That's related to the
unassigned fund balances that we would be recommending to transfer. That $2.4
million is essentially set aside for these purposes to take into account these final kind of
things that are going on, such as pay adjustments. And there is a contingency
throughout the fiscal year for unforeseen and emergency expenditures if they do come
up.
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TOTH: Okay. Thank you.
MAYOR DICKEY: (Indiscernible)?
GRZYBOWSKI: Yeah, you saw me in process. I agree with the Councilman Friedel that
we need to look at something between three and four range. The COLA for Social
Security is 3.2. And in my opinion, going anywhere below that is an insult to the staff. I
would prefer more of a four. He gave some great stats over there that some HR firms
have put into place. One of the things that I was looking at is, according to
smartasset.com, the Phoenix-Mesa area is -- so the stats I was looking at is what's
required to live comfortably in your area. And the definition of living comfortably is
having a buffer from the stress of living of paycheck to paycheck. We are at a position
here in the Phoenix Valley area, where we are actually ranked more expensive to live
than Chicago; Durham, North Carolina; D.C.; Austin; Nashville; Orlando; Miami. We are
ranked higher than those kinds of places. So again, I feel like anything less than 3.5 is
unacceptable. I would love to go towards a four. I just think it's the right thing to do
and I preach this every year we have this conversation. It is less expensive to pay our
staff what they are worth than it is to go look for new people. Thank you.
MAYOR DICKEY: Vice Mayor?
KALIVIANAKIS: Thank you, Ms. Mayor. Yeah. When I look at the Phoenix Scottsdale, I
think last year they went really high. And then I think this year it was a boomerang
effect and they went really low. I thought last year we pretty much hit the mark. And
when you look -- the Social Security increases, that's a joke. It's just way too low. When
I look at the average estimated around the Valley, 4.8 and the average for all the data
points, 4.57. When you look at living in Fountain Hills, it's more expensive living here
than it is in most of the Valley. I agree with Sharron, I think that we want to keep our
staff, and I don't think we should punish people for living and working out here. And so
I'd be more into the, like the four points -- four and three-quarters would, I think, be
slightly below the estimated average but above the data points. And I think that would
be fair for our employees. So I'd go for 4. -- 4 and three-quarters.
GRZYBOWSKI: I support that.
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SOLDINGER: All right. So just to clarify. Council is suggesting four and three quarters --
4.75 percent for the staff increase?
MAYOR DICKEY: Hannah?
TOTH: I would actually like to continue this conversation if possible. I would also lean
toward the three to four recommended by Councilmember Friedel, purely because we
did do seven percent last year. I agree with Councilmember Grzybowski that we
shouldn't go below the 3.2. So I would like to bring back up the 3.5 percent suggestion.
I want to ensure we're taking great care of our staff, but I also want to ensure that
there's some consideration toward last year's cost of living increase as well there.
MAYOR DICKEY: Councilwoman?
GRZYBOWSKI: Last year we discussed seven percent. I actually didn't pull my notes
from last year, I should have. But a big reason why we went there is because they were
so far away. So we were kind of bringing them up to where I felt. we felt that they
should be. So I hate to punish them because they got a seven percent last year. I don't
think that's fair to them. If you were the staff member and you were sitting at your
boss' desk and he said you got seven percent last year, so oh, well, you're only going to
get three and a half or whatever the conversation is. It's not fair that we had to bring
them back up, and now we want to use that number to then bring it down. So I am still
at the four and three-quarters is where my head would be.
MAYOR DICKEY: Councilwoman?
TOTH: Just as clarification, nobody's getting punished. It's still a 3.5 percent raise.
We're not decreasing pay. The cost of living raise is a cost of living raise. So I just want
to say I disagree with that language. We're not punishing anybody. Nobody's getting
their pay cut. It's an increase in your pay.
MAYOR DICKEY: Councilwoman?
MCMAHON: I thought that the increase last year was also a catch-up. And I am, given
the cost of living today, given how expensive it is to live here, I think that the higher rate
is appropriate and I'm for that. Thank you.
MAYOR DICKEY: Councilman?
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FRIEDEL: I can't agree more with Councilwoman Toth. We're not punishing anybody.
And last year's raise was not a catch-up. It was due to the factors of inflation and the
inflationary period. And we're still dealing with the effects of that with this economy.
So I'd be willing to go to four percent, maybe even four and a quarter, but I think
Councilwoman Kalivianakis is a little overzealous with her estimates.
Again, I've got hardcore facts. And just for the record, the State of Arizona employees
haven't had a raise since 2021.
MAYOR DICKEY: So to try and put some numbers on this. So we already determined
that the contingency would be where the shift would go. So it wouldn't really change
the bottom line of what we saw of the actual amounts. But it would shift the very
healthy 2.4 million contingency, into taking this out of that and putting it into salaries.
The average of the averages there, the 4.57, was about $470,000. So it would come out
of that, but it would still leave a contingency fund that's pretty, again, very healthy
above -- about a million or 1.2 million. If everybody would be more amenable to a --
well, I think, I don't know, four and a half, I'm willing to do that if that kind of makes us
more in agreement.
FRIEDEL: I would agree with that. Because, again, when you factor in the cost of
replacing employees and retraining them and everything else, so I would be good with
four and a half.
MAYOR DICKEY: And also again, we talked about this year and last year we still have
vacancies that we haven't filled. We had people that were doing double duty and
working late. And so it's beyond just being able to maintain, it's also to encourage and
we also get back to the not being in Arizona State retirement. So I feel like these things
all go towards the four and a half, to me at least anyway. So any other discussion?
Okay. Thank you.
SOLDINGER: Right. Thank you, Mayor, and council. So we'll include that four-and-a-half
percent increase in our tentative budget that we bring forth next month for your
consideration.
Okay. Now the fun stuff, the general fund. Before we get started, just please keep in
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mind, as we go through these slides that the printed budget books that you do have, the
middle bars -- the fiscal year '23 numbers -- the printed version will actually have the
budgeted amounts shown, whereas our presentation will include the actual amounts.
So at some -- if you're trying to compare, sometimes our presentation will differ just by
that middle amount.
So the general fund requires a balanced budget, and the fiscal year 2025 proposed
budget is set at $25.8 million, a slight increase from the current year 2024 budget of
25.6 million. As you can see on the screen, the fiscal year 2024 and 2025 budgets are
balanced, while the town exceeded its projected revenues and spent well below budget
expenditures during the previous three fiscal years in the general fund.
Based on council feedback at the council retreat in February, we moved the vehicle
license taxes out of the general fund into the streets fund prospectively, but we still
have increased projected general fund revenues of about $200,000 for fiscal year 2025,
even including that removal of those revenues.
As you can see, taxes have increased in the green on your screen, but
intergovernmental revenue in the blue, such as the urban revenue sharing and the loss
of the VLT from this fund, has gone down. Here are those same expenditures for fiscal
year 2025 presented by function. As you can see, about 45 percent of the town's
proposed budget in the general fund is going to law enforcement and fire and
emergency medical services. And as you go down the line, you'll see community
services and our other departments as well.
Here are those same proposed budgeted expenditures presented by expense type. This
may look a little different from the chart that you saw last year, and that's really only
because of the fire department coming in-house. Those are considered payroll
expenditures going forward rather than contractual services. and that's where a
majority of our expenditures lie.
MAYOR DICKEY: And this will be shifted a little bit from the payroll line to the
contingency line, or vice versa?
SOLDINGER: Mayor, yes, absolutely. You're correct. All right. Now we're just going to
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present brief overviews of proposed expenditures in the general fund by department.
Starting with the town council, which has a total budget of $73,000 in fiscal year 2025,
an increase of $7,000 from the current 2024 budget. The administration department is
set at about $3.2 million, which is about $200,000 higher than the current year, 2024,
because of added supplements and contract modifications.
GRZYBOWSKI: Actually, I do want to say -- I'm sorry. I got to back up to the whole
council conversation that you just had. People need to know we didn't give ourselves a
raise. So can you go back to that council conversation that you just had and reiterate
why there was a difference for us? Because I don't want people coming back saying,
you gave yourself a raise. Because that is one of the things that I have actually said, is I
do not approve of changing our rules or the way our job is described or giving ourselves
a raise. So if you could go through that, that'd be awesome. Thank you.
SOLDINGER: Sure. Mayor, Councilwoman. So if we go to our website, which everyone
in the public has access to, it looks like the changes come from professional fees and
legal fees for the most part for next fiscal year.
ARNSON: Now I'm -- you heard them.
MAYOR DICKEY: Oh, my God.
GRZYBOWSKI: Thank you.
SOLDINGER: No problem. All right. So just touched on administration. Now general
government. The general government department is set at about $3.2 million, which
includes that contingency that we discussed of $2.4 million, which will be adjusted. Any
pay adjustments would lower that contingency amount to keep expenditures balanced
with projected revenues in the general fund. This compares to the current year general
government amount of $3.5 million, with a contingency of 2.5 million.
Our municipal court budget is proposed at $557,000, which is pretty much identical or
very similar to the current year budget.
In the general fund, presented are the public works general fund department
expenditures. Public works is a department that also expends monies from other funds
in the general fund for capital projects and street pavement projects. But the public
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works general fund budget is set at 1.67 million, very similar to the current year, 2024
budget.
Presented here are the general fund expenditures for the development services
department. This department is budgeted in the proposed fiscal year 2025 budget, for
$1.53 million. It's an increase of $200,000 from the current budget year and that's just
because primarily of the proposed supplements that will be included in development
services related to the building inspector and the vehicle. That's the primary increase
right there.
Again, for community services, it's another department that uses multiple funds, such as
the capital projects fund, but specifically for the general fund, the fiscal year 2025
proposed budget is set at about $4 million, about $100,000 higher than the current
budget year, due to supplement additions and contract modifications.
Presented are the general fund budget expenses for the fire department, which is set at
about $5.5 million, or about $76,000 less than the current budget year, 2024. Now, if
you look at your screen, the previous three fiscal years look kind of odd. They're a lot
lower. Just to explain that the previous year, actual expenditure amounts were lower
because of CARES Act and ARPA funding. So, the fire department, the contractual
services at that time were supplemented by those funds in different funding sources.
And on your screen are the general fund expenditures budgeted for the proposed
budget for the law enforcement MCSO contract. We set these expenditures at about
$6.24 million, based on the contract terms and available -- and credits that are included,
or about $144,000 less than the current fiscal year, 2024. So that's the general fund.
Does council have any questions before we move on to streets?
All right. So on your screen are the streets fund budgeted revenues and expenditures.
As noted earlier, based on council feedback at the council retreat, we moved the full
amount of vehicle license taxes from the general fund into the streets fund. Previous
councils directed 30 percent of these revenues to be deposited in the general fund. But
going forward prospectively, beginning next fiscal year, we will begin depositing the
entirety of these monies into the streets fund. This resulted in an increase of about
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$390,000 to this fund, and the budget expenditures are similar to those of the current
year at $7.1 million. And I'll get into both of those items in the next two slides.
So as you can see on your screen, the changes by council increased intergovernmental
revenues in green, and including other revenue projected increases. We are projecting
about $4.9 million of revenues to be deposited into the Streets fund next fiscal year,
which is about a $1 million increase from the current fiscal year, 2024.
And as I mentioned, streets fund expenditures in the proposed budget are about the
same as the current fiscal year at about $7 million.
Council have any questions before we move on to another fund?
MAYOR DICKEY: I just have like, an overall question, so we've been – we were putting
the CARES money into that, and then -- you know, $7 million. That's when we start
talking about what we're going to do with it because we've had a lot of conversations
about whether we can actually move forward with that much. And I know that we'll be
going into that more when we talk more about the projects. But I mean, it's a very
complicated -- it's pretty complicated because we have HURF money then we have
capital money that we use, and then we have regular general funds, and I think there
was a couple other things that go into the streets fund. And I'm hoping that we will
show that we were able to use all this money this year. And I think we're kind of relying
on it, in our earlier discussion, when we had the retreat about all -- that was all about
the streets. So it's just kind of a general comment. Because if we can spend it all, then
we can use capital expense, we can use streets funds expenditures, and then, maybe,
look at Palomino or do something like that and split up some of these projects so that
we can hit some of the streets that people and we have been talking about for many
years. And I know Justin, this is nothing new to you, but I just wanted to make sure I
mentioned it because that's a good, healthy fund.
SOLDINGER: Thank you for that feedback, Mayor. And just for council's understanding.
As you see on these three slides, we are budgeting the same amount as last year, which
is above the projected revenues. However, as we mentioned earlier in the presentation,
we do have about $7 million of projected year-end fund balances that we can draw from
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to meet these budget expenditures for the proposed budget.
MAYOR DICKEY: Councilman?
SKILLICORN: Thank you, Madam Mayor. I'm actually kind of shocked to hear that we're
going to be -- or the projected number is that's for '25 is the same as '24. Costs are
going up. The need for repairs is going up. Roads are further decayed this year than last
year. Residents keep telling us that that has to be a priority. And it's a priority of mine,
and I want to encourage staff to also take that as such a big priority. I have met with
people who live on Barnes Drive, and I've been to their home and I've seen -- they don't
live on asphalt anymore; it's gravel now. I've had contact with people who live on
Palomino, and frankly, just the other day I drove down Palomino and you had to swerve
around potholes. I feel bad that this hasn't been addressed in so long, but last summer I
remember talking to staff and visiting homes on Rockview, and like there's literally
buffalo grass growing up in the cracks there. There's enough density of the grass, at
least, last summer or last June that it could start on fire. These are big, big concerns.
And I just don't see that we've taken this as a big deal in our town. I think we should
take it as a big deal. And furthermore, I'd really like to suggest that, if we would forego
the nice-to-haves, we would forego the pet projects for a couple of years, we could pave
half the roads in this town. And then we could get back on to the nice shade structures
and the nice things here and there, because we've taken care of the basics. And in my
household, we take care of the basics before we go on the extravagant trips and
vacations and do the nice little things. I think we should work on the basics. And that's
going to be my theme. And this is going to be something that I'm going to repeat
through this process up until we vote on a budget. And frankly, I don't find it acceptable
to spend the same amount of money last year as this year. And I see the newspaper
reporter back there. We need to forego pet projects and fix our roads, period.
MAYOR DICKEY: Councilwoman?
GRZYBOWSKI: If I may, Mayor? We've actually had a number of conversations about
streets and heard reports from our Citizens Street Committee or -- called something like
that. We had an entire meeting in November -- November 16th -- where we heard from
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the Citizens Street Committee report. We heard from the roadway guy -- I can't
remember the name of the business -- but he had that really cool little van that drove
around and felt our roads up. We discussed it at the retreat, at the second half of the
retreat, we've had quite a few conversations on this. Oh, I think the last meeting in June
last year, June 20th, was the other meeting. We've had a number of conversations. We
have discussed that bonds may be where we need to go. It is unfortunate that you
weren't there for a couple of these conversations: November 16th, the second half of
the retreat in February. We all agree with you. And we've had conversations about
bonds, which I assume we're going to have a conversation about later today or maybe
that's going to be a conversation next week. But the conversation has happened. I feel
like you've missed it. And to come to us and say, we need to stop spending money here
and spend it here, you're not telling us where. We have heard nothing substantive from
you. And you weren't there at the meetings where we heard from Jerry Butler, and
they've got these fabulous breakdowns of how we can ask for bonds and how much we
should ask. And they've mapped out all the roads and given us green and red and
yellow as to the conditions of the roads. I'm really sorry, I realize I'm on a soapbox
about this, but I just kind of feel like you're all of a sudden bringing it up, like we've not
discussed it. And we have a number of times. Thank you. And again, I'm sorry I went
on a little rant.
MAYOR DICKEY: Councilman?
SKILLICORN: Thank you, Madam Mayor. Well, I'll be specific. I'd like to see Barnes
Drive fixed. I'd like to see Palomino fixed. And I'd like to see Rockview fixed. Is that
specific enough for everyone?
MAYOR DICKEY: I think what that shows is that you weren't listening or here to know
the recommendations that we got from people that spent months and months,
including RAS, deciding which roads really did need to be treated. And thank you for
what you said, Sharron, but it was beyond discussion. We've paved roads for several
years here, more than ever. And the idea that all we've done is talked about it and not
done anything about it, we've funded roads more in the last several years than ever.
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And yes, there were sometimes where we couldn't get the supply done. We couldn't
get it done in that fiscal year. So it looked like maybe one year had a little bit less going
on it. But this is not some scattershot plan that we just go and say, hey, look, that road
needs something. Maybe one of those streets needs a full rebuild. You can't just
rebuild a road with the money that we have.
And to get to your other point. Yeah, do we look like we have money that we spend?
We have a $4 million budget for community services? So if we cut off community
services every year, yeah, we could fix every street in this town, every single year. But
there are other people that live in this town who think that that quality of life, that that
shade or that that activity or any number of things that we spend money on: the camps,
the whatever, the events, that's why they live here too. Not just so that they don't have
to go around grass that's growing up in the middle of the street.
And Justin knows, I mean, I send them pictures, I've been on this forever. But it's more
than a discussion. It's plans and action and paving, and if you want to know how many
miles of -- how many miles of paving we've done in the last couple of years, how many
tons, I think you gave me one time, that we've used to fill potholes over the years. So
this is a red herring. Unless you want to stop doing everything else. And again, we don't
need to have a bond this year because we put all the CARES money, the previous
council -- 4 million, 4 million, over $10 million into streets. So we have the luxury of not
needing a bond for this November. But we will have to talk about it in the fall, and then
we'll make a plan and then we'll see where we're at. But it's very -- it is frustrating
because we had an entire meeting about it. And then this last retreat, we just had the
second half of it, which was all about streets. You didn't attend, so it is a little difficult
to accept your criticism about it.
Councilman?
MCMAHON: Yeah.
SKILLICORN: Thank you, Madam Mayor. Well, I'm just being very specific, listening to
the people, and I'm trying to do the will of the people, and my vote will reflect that.
MAYOR DICKEY: Thank you. Councilwoman?
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MCMAHON: Thank you very much, Mayor. We're all doing the will of the people. It
would be nice for everybody to dial-up and say, get my street paved and within six
months. That's not how it works. I would like to make a suggestion. I sit here and I
listen to what you said, and I think it's a -- personally, I think it's offensive because it
hasn't been -- I haven't seen you at a lot of these meetings for the discussion. But
nevertheless, I would like -- we have a whole streets committee of 11, I think, different
men they happen to be, that have taken years and thousands of hours to develop a plan
for our town to address the streets. And I would like you to sit down with at least one
or two of them and discuss the plan, and maybe that would help you to understand it
better. How we're trying to align what monies we have for street repair to the plans
that have been collectively decided amongst the staff and the streets committee, that
was purposely developed for the reasons to address the street problem we have. And
like the mayor said, no matter what amount of money that we can pretend to slide from
one place or another in the budget, to not have community service or whatever, is just
merely playing chess with the money. We don't have the money to repair our streets.
So therefore we are going to have to be looking for a bond.
So I'm asking you to sit down with Mr. Butler or somebody and please understand
better the street plan, and even Director Justin. Thank you.
SOLDINGER: All right. Well, I sincerely appreciate all that feedback.
MAYOR DICKEY: You got more (indiscernible).
SOLDINGER: All right. So now we're going to discuss capital projects fund. And we're
going to discuss some of the proposed capital projects that we already kind of went over
during our last work session. As council discussed with town staff during the last work
session, town staff is proposing about $10.3 million of capital projects, including $8.1
million of public works improvements and about $2.2 million of parks improvements.
And just keep in mind, some of these expenditures will be covered by other funds,
which I'll show you on the next slide.
So on the screen is essentially what I started to provide the information for during the
CIP work session. At the top, $10.3 million of proposed capital projects. And the next
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two numbers are the numbers I specifically cited during that work session. We project
to have about $6.9 million of projected ending capital projects fund balance based on
this fiscal year's operations. Adding to that, after fiscal year-end, we project to have
about $4.7 million, that town policy will require us to transfer from the general fund
into the capital projects fund. So that's the $11 and a half million that I kind of gave you
that big picture number during the last work session.
This table is just incorporating additional figures for consideration in fiscal year '25
operations. That next number is $900,000 that we project the town will receive and
deposit into the capital projects fund based on that construction transaction privilege
tax, as well as those grant monies that will reimburse the fund of $2.6 million and the
parks development fee fund monies and the downtown fund transfers of $1.5 million
total.
So that gives you a big picture considering the fiscal year 2025 operations, the current
year operations, as well as other funding sources. We have about $16.7 million
available to take care of these proposed capital projects of $10.3 million.
FRIEDEL: Paul, quick question on that slide. So I see that we have a general -- excess
general fund revenues over expenditures of about 4.7. And the bottom line is we've got
16, almost 17 million available for capital projects. Can any of that money, based on
council decision, be swept over into streets?
SOLDINGER: Well, Mayor, Councilmember, good question. I think really, it depends,
right? If you look at each of these numbers, if council directed us to do something
different than past council direction, I think it is possible. For example, the $4.7 million
that's required by town financial policy right now, which was approved by council, that
could be something considered. The construction taxes, half of those are deposited into
the capital projects fund. That's based on past council direction as well. So those are
really the two items that you could consider for something like that and further
discussion and further council meetings.
MAYOR DICKEY: Maybe this is for Justin. What limitations do we have to use capital
money for streets? Like what kind of a project, where it wouldn't be maintenance and it
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wouldn't be -- how can we use capital funding for streets? Because I know we use
some, but I've always kind of like -- what actual project would you say, no, we can't use
capital funds; yes, we can.
WELDY: So Madam Mayor, and it's a good question. So the capital is really based on --
so it has to be basically $50,000 or above and really a one-time. So we're going to go in
and we're going to build or eliminate a gap in something. That certainly adds to what
we do in streets, but they're two totally different funds, used for different things. So the
street fund is really for maintenance and reconstruction as needed. And the capital has
different uses. Do they complement one another? Absolutely. But combining the two
of them in the way that you're describing is quite challenging to say the least.
MAYOR DICKEY: Is there a way that, say, Palomino Boulevard is a capital project, a one-
time capital project?
WELDY: The short answer is, yes. It would have to be segregated from anything else
we're doing, and we would have to identify it, design it, obviously, and then fund it. Can
it be a capital project? Yes. It becomes a little bit challenging, and one of these two
CFOs would be able to explain in detail in regards to funding that and paying for it.
MAYOR DICKEY: Thank you. Hannah?
TOTH: If I could actually ask for you to define that in detail? What would the difference
be if we said Palomino Boulevard is a capital project we'd like on the next budget, versus
if we were to look at the town financial policy and maybe adjust ten percent of that 4.7
million or so? I'm just throwing out a random number. But if we were to reconsider
that town financial policy and have that money put into streets fund, how would that be
different in accounting for that project versus Palomino as a capital project?
SOLDINGER: All right. Mayor, Councilwoman, very challenging question. So I'll try to
cover --
TOTH: Sorry.
SOLDINGER: -- the best I can. So the main thing -- so going back a step to
Councilmember Friedel's question. We presented the streets fund and how we have
those existing fund balances, and we continue to have those. So first, as a town we're
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going to want to spend those most restricted monies, which are those streets monies
because statute requires those monies to be used for that purpose. And after that,
that's when maybe, after we expend those fund balances, that's when we could
consider some of these other types of actions. As far as your question, Councilmember
Toth, it's challenging. It's kind of a balancing game from the finance perspective
because we have to consider the expenditure limitation. Kind of what we talked about
earlier is we're already increasing our capital projects this year by $4 million, and in the
end, we have to consider the expenditure limitation. And we've been well under it for a
few years. A lot of that has to do with the CARES Act and ARPA funding, because those
are excluded revenues that we use for like law enforcement purposes. But we're going
to start getting closer to it. So that kind of limits us. We couldn't just -- we'd have to
basically play the game of, hey, we'd like to skip some of these capital projects and go
down that road of considering these streets projects and using those monies. And that
would be a council kind of consideration.
TOTH: Thank you.
MAYOR DICKEY: Vice Mayor?
KALIVIANAKIS: Thank you, Ms. Mayor. This actually is a question for Director Weldy, If
you don't mind stepping back up? I seem to recall throughout the 16 or 17 months I've
been on this dais, that we've put a lot of money into the roads. And I seem to recall you
saying that we pretty much gave you all you can spend for two years. Am I recalling that
correctly?
WELDY: Madam Mayor, Madam Vice Mayor, you are correct. We can only do so much
annually because of the impact it has. And I don't want to drag this down a little bit, but
in order to -- let's just pick Palomino as a good example, it's going to take over a year
and a half or two years of planning. The primary reason is obviously we need to do a
Geotech report on it to determine what needs to be done, to do it correctly, and then
decide how we want to proceed with that. During that time frame, we need to start
notifying all the utilities that are in that roadway and allow them an opportunity to take
any corrective action necessary on their facilities or already planned capital projects of
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their own. That has an impact. Once all of that's done, then we need to get in line in
regards to the contractors that do that type of work, and either, one use a cooperative
use agreement, two, a job order contracting agreement, or lastly, go out to bid. So I'm
just picking Palomino as an example because it's not something we can pick next
Tuesday and get started on in July. We are simply not prepared for that. There are
several reasons that I just listed.
One of the things that causes a considerable amount of emails and phone calls and
criticism right here from this podium, is when we pave a street and somebody has to
come in and fix a water, sewer, or electric line. It personally makes myself look like a
fool because we were not aware of it, and that's a poor excuse. But it also rains poorly
on the mayor and council. It appears as though we're spending money and then we're
letting people tear it up. So there's challenges, but right now we are really at the
threshold for as much as we can do in one year, with the challenges we face.
KALIVIANAKIS: And thank you for that answer. And the time that this council has been
seated, do you feel like we've been neglecting the streets? And do you feel like this
council has not given you direction to fix the streets?
WELDY: Madam Vice Mayor, I do not agree with that. We have certainly had an
incredible amount of discussion. The mayor and council has continued to give direction
through the town manager and the funding allotted. And each time we prepare -- we
had already showed you our considerations for next year -- we bring that to the mayor
and council, and obviously, there is feedback in regards to that. You approve the
expenditure of securing the services of Roadway Asset Services to do an analysis. You
agreed that we should have a citizen advisory streets committee. So the mayor and
council, as a whole, and the town manager have been involved in this process for a lot
of time. At least the amount of time I've been here, it comes up at the majority of the
meetings.
KALIVIANAKIS: Thank you for that, Director Weldy, because that's also my
considerations. It seems like almost every town council meeting that we take these up.
I know Councilmember Friedel has been a pit dog trying to reallocate funds, trying to
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put funds from -- into the HURF, trying to take the fees, put that into the roads. So it
seems like my recollection is we've pretty much done everything that we can to fix the
roads in this town and without actually compromising too many of the other services
that the town provides, that the citizens need and want. I know some of the people on
the outlying streets might want their streets to get fixed first. I would never accuse
anybody of going to their homes and accepting campaign contributions to do that, that
would be inappropriate. But I know that that's one of the things that we have to go --
we have to fix our primaries and our ancillaries first, and then we try to get into the
streets as much as we can. But it's hard to spend a million and a half dollars on a street
that's got six houses on it, we just simply don't have that kind of funding. And if we did
want to pass a bond or a primary property tax, then maybe we would be able to dig
deeper. But I think the implication that we're not doing everything that we can is -- I
think it's wrong and it's taking this council, this manager, and these people that have
tried everything to try to address this problem and minimize it, and so I just want to tell
you as a person that's responsible for that. And of course, it was mentioned that the
media is here tonight too. And as I read the Fountain Hills times, it seems like phase 1,
phase 2, Panorama -- it seems like the reporting on this is -- almost every newspaper
article is what we're doing on the streets and what project is next and putting up signs
this is going to be parking and this and that. So it seems like we've been accomplishing
a great deal in what's only, I think, been 16 months since we've been seated. And so
yeah, I think it's disingenuous to throw this council under the bus. It's just wrong.
Thank you, Director Weldy.
[CLERKS NOTE: Councilmember Toth left the Dais at 6:13 p.m. and returned at 6:17
p.m.]
WELDY: You're welcome.
MAYOR DICKEY: Councilman?
FRIEDEL: Justin, one more question for you. Trying to run away on me? You mentioned
the Geotech report on Palomino and taking a couple of years to get ready for that. Is
that something we can get ordered with council approval, if it's needed to get that
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process started? Since it's going to take so long to do that road, why wouldn't we get
that underway and then be able to set our goal to get that road fixed?
WELDY: Madam Mayor, Councilmember, we currently have that underway. So the
assistant town engineer is currently preparing an exhibit based on a conversation that
the town engineer and I had with the town manager about several different locations.
And we'll provide more about that at a later date. But we are going to be going out and
doing the Geotech ourselves based on the stuff that we're currently doing right now.
We're having positive results and we will have that ready -- I don't want to give a time
frame because we've got a considerable amount of work. I also don't want to name the
locations, but Palomino is one of those and there are several others. But we're going to
be back before long and give, at least to the best of our ability, without having someone
give us a quote directly, have a cost for each of those locations that have been
identified.
FRIEDEL: That's great to hear. Thank you.
MAYOR DICKEY: Rachael?
GOODWIN: I was just going to add on to what Justin was referencing. Based on
dialogue here, and the conversations we've had about streets, and the feedback we've
heard, the intention is to come back before the summer break to discuss next year's
paving and what we can get done and which streets we'd like to target. Originally – and
there's been multiple approaches to this process over the years, so there's not one right
way or wrong way. It's just what way do we want it to go next year? There is the RAS
recommendations, it's the streets that are -- based on their data and their collection.
And that's what we're doing right now. I know a number of us have heard feedback of,
well, why that street? I think the street is worse. Doesn't seem that bad to me. It takes
out the guesswork. It's very, very unbiased.
That being said, we definitely know Palomino is a priority and it is a very well used road,
so we threw that in the mix. And then we're also taking a third look at from what we're
seeing at the staff level. Where are we investing a lot of time and effort in our pothole
refilling? Where are we seeing claims in terms of damages and other vehicle issues?
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Where are we seeing our time and resources being invested? And we'll be bringing that
back as well. So the idea will be to give you some options of what roads you want to go
move forward with next year, and what can we reasonably do with the budget that we
have, and then we'll take it from there. So we do hear the conversation and we're
absolutely willing to meet you halfway and figure out what the best course of action is.
MAYOR DICKEY: Thank you, Rachael. I appreciate that. I know I'm one of those people
that are talking to you and the Palomino theme. And so I do appreciate that. It's hard
because we get information from RAS and then that -- all those pages and pages and
pages of every single street and this many inches and whatever, and then the
committee disseminated that and put it in a way that came up with a plan that was a
little bit more palatable, maybe, money-wise, or whatever. But then we have the third,
which is Palomino, Golden Eagle, whatever. And that's what we're starting, to get to
that point where we might have to blend some of this stuff. So I appreciate that very
much. Thank you.
Oh, I'm sorry. Brenda?
KALIVIANAKIS: Yeah. Ms. Mayor, if I may? Just one more thing. And this is a program I
don't think people maybe are familiar with. A lot of times, people will have a pothole in
front of their house and curse this Town of Fountain Hills. We don't have to fix the
whole street to fix a pothole. And if the public out there right now wants to reach out
to our town engineer or to Justin Weldy and report potholes in front of their house, we
do have patch teams that are designated just to go out there and fill these potholes.
And so it's just something that maybe people don't understand, they don't appreciate it,
they don't know. But if somebody's got a driveway that's got a pothole or several
potholes out there, simply contact your town council person, the mayor, Justin, or
David, and we'll fix them and we won't even send you a bill. How about that.
MAYOR DICKEY: Vice Mayor, on that note, you can also do it online. Just in case you
can go that route too. So one more option. Just wanted to throw that out there.
KALIVIANAKIS: Thank you. And how would they do that?
GOODWIN: Yeah. I'm so glad you asked. You can go to the town website where you
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can upload it, you can send photos, you can send location, that type of thing, in that
way. And then it gets disseminated to staff and then we take it from there. So use the
town website. We're also out on -- the boots on the ground and we see it too. So the
more the residents help us and let us know, they are often our eyes on ears on a lot of
things, so we appreciate it when they do.
MAYOR DICKEY: So is this anonymous? Have I got a street for you. Thank you.
SOLDINGER: All right. Great conversation. Thank you. Appreciate that. All right. So
based on council feedback at previous work sessions and the council retreat, we
categorize proposed capital projects -- the $10.3 million we mentioned -- into green and
yellow light projects. Our understanding of green light projects indicate that council has
approved these projects to move forward to completion and will only require coming
back to council if the project substantially changes in scope or cost. Now, our
understanding of yellow light projects indicate that council has approved the project to
move forward on tasks such as planning and bidding, but should be brought forth back
to council for final approval of the construction costs.
On this slide are the projects that we consider green light projects in the community
services kind of realm and the department. The top items in orange are the community
services projects in general, and the ones below are those that are paid from alternate
funding. And those two in particular are paid from the development fees for parks.
That $1.3 million that we mentioned earlier, so 1 million of that would be used on those
two projects.
On this next slide are the green light projects in public works that we discussed at the
CIP work session as well, about $3.6 million of projects there. And the total green light
projects that we have indicated, are about $5.3 million.
FRIEDEL: I think there's one on there that I don't think we actually gave a green light on,
and that was the Palisades and La Montana. Is that for the roundabout design? I think
there were four of us that did not go along with that.
SOLDINGER: Mayor, Councilmember. Yes.
FRIEDEL: Yeah. I don't think that that direction was correct on that one.
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TOTH: I just -- echoing that question as well. That is not my memory either on the
roundabout.
GOODWIN: Well, now's a great time to confirm. If we want to discuss and give some
direction, we can either remove, we can move it to yellow, we're open to -- that's what
tonight's for. So if there's discussion or direction there -- open to that.
TOTH: I'll go ahead and kick us off, if that's okay. If I remember correctly, I was over the
phone for that meeting, but I did mention again my belt-tightening thing. This is going
to be an ongoing theme, so I should apologize to how often you're going to be hearing
that phrase. But this was the project that I remember stating was something we can
wait for future years on. I believe if memory serves, Councilmember Grzybowski had
noted that this was for design, not for building it, and I think I either spoke directly
afterwards or maybe one other person in-between, and I said, okay, if we're budgeting
this for the design, this is something that wouldn't be built for some time anyway, so
this is something that we can consider for next year, and it's an easy one to push off
since we're in the design phase. If memory serves, Councilmember Friedel also
mentioned not being for this, and I don't think I remember the rest. If anyone else
wants to jump in there.
MAYOR DICKEY: Councilwoman?
GRZYBOWSKI: According to my notes, I believe Councilman Toth -- or Councilwoman,
sorry -- Toth is correct. The concern was brought up that if we do okay the design now,
it'll be built in fiscal year '26. But that was not really the conversation. The conversation
was, let's do the design now. Then, in two or three years, a future council can say, okay,
now it's time to do it. My concern is if we don't do it now in two or three years if it
needs to be done, then it's going to take a year to do the design, and it will cost more
money in two or three years to do the design. And according to my notes, Justin said
the design alone takes 10 to 11 months. So once it gets to the point where council says
we need to do something, I would like to have the design done, so that then they can go
out for bid and start trying to figure out how much it's going to cost and if they want to
do it. And again, we're talking years before this thing gets built. I just feel like it would
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be great to do the design at today's prices instead of doing the design at, say, fiscal year
'27 prices.
MAYOR DICKEY: Thank you.
TOTH: I think I'm remembering something else from the last meeting. Someone can
confirm this. But I thought we had also brought up waiting until Amanda had the
downtown strategy for approving this. Is that the same project that we had said, let's
see if there's going to be any other changes to that area before we -- sorry, Amanda, to
put you on the spot. I'm trying to remember if this was the same conversation.
GRZYBOWSKI: You should just sit closer.
JACOBS: I have the best view of everybody in the house over there and helps with my
vertigo. A little personal. Madam Mayor, Councilmember Toth, we actually did not
have a conversation publicly regarding this in the downtown strategy of waiting.
However, maybe some side conversations is, we are supportive of doing the design as
mentioned. Mr. Weldy mentioned too, showing we're putting money in for the design
could assist with potential grants. And we're supportive, again, of doing some of the
design because it's the entryway into the business district.
TOTH: Okay.
JACOBS: Does that help?
TOTH: That is super helpful and thank you. I am thinking I had my wires crossed and
that that was for a different project that we had said that. So I'm sorry.
JACOBS: Any other questions for downtown?
TOTH: All good for now.
JACOBS: Not yet.
TOTH: I would still personally argue -- and even if maybe there was a
miscommunication, again, I know I was over the phone for this meeting, so I might have
missed that -- we had decided to just leave it in. My personal opinion would be that we
can design it once we know we're going to do it. And I think that at this point, this is
something that can wait. Again, if I'm really hoping to show the community that we're
serious about finding as much money as we can, I would think that this is a good
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candidate for that.
MAYOR DICKEY: Councilwoman?
KALIVIANAKIS: Thank you, Ms. Mayor. Yeah. Since we're just all playing, what do you
remember? I remember, I kind of didn't like this project either, as a roundabout. And I
specifically mentioned I didn't like it going from eight lanes down to, like, one. And I
called it road diet-ish. And I do think that something's got to be done with this
intersection. It's very large. And Justin, you please listen to this conversation, there's
just a couple little stop signs, and I've literally seen people just drive right through it and
not stop because they didn't see the stop signs. And so I spy a dangerous intersection.
But I don't think that putting a roundabout there and restricting the traffic -- it's almost
like a choke point right there -- I just wouldn't be for that myself. And I do think the
guidance was against it when we just discussed this, whenever that date was. And so I
would like to scrap the design, but then maybe come up with something to make it a
little more safe, maybe some cautionary lights. Just more of -- yellow flashing,
whatever, to remind people that this is a four-way stop and so that's my recollection.
MAYOR DICKEY: I do think we talked about the -- not only the idea that it would go up
in price. When we did the roundabout out here by the post office, I think the whole
thing was $700,000. And then when we looked at what we might do if we were going to
do the one on Saguaro and Avenue of the Fountains, it was quite a bit more. And in
fact, the design was like $300,000 or something. This design is $150,000. This
intersection needs attention. It has nothing to do with trying to stop cars from going
through or anything like that, it has to do with being safe. You can't cross there without,
like you said, eight -- well, it's not really eight, maybe six. Because you've got turning
lanes, then two lanes, and you've got four ways that it's coming. We just heard from
the -- the Chamber was talking about how many vehicles go by their sign every month,
and they said 77,000 cars on average, go by that sign. Which is 20 -- almost 2,500 cars a
day. And that's on Palisades, and that doesn't count La Montana. That's a lot of traffic.
And that is not an intersection that we should just leave at this point at all. And I think it
should be narrowed and it should be made more safe. And we've already had the
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design as far as saying which would be the safest thing we could do there, which is a
roundabout. This roundabout works well here. It's just a traffic calming, pedestrian-
friendly area, and if that's going to become part of anything that is downtown with
Basha's there, with all the other things that are going on around there, and in addition,
there are homes there. I think it's a very important for us to do something with that
intersection. I would really like to go ahead with this, particularly at this low cost for the
design, which is the engineering design. And again, having that ready -- and I know that
we did talk about that -- makes it easier to get what would be probably a very, very
healthy grant because this is a pedestrian safety issue. So I would like to keep it on if --
But yes, Gerry?
FRIEDEL: Mayor, I think we could have our town staff take a look at maybe doing some
different kind of striping in that intersection. I'm not for this. You can't sit here and
convince me that pulling stop signs out on a designated truck route is any safer for
pedestrians crossing that intersection. We have two designated truck routes in this
town, Saguaro Boulevard and Palisades. Having trucks roll through there at 30 miles or
plus an hour per mile, with pedestrians crossing there, you can't convince me with any
study that you come up with that that's safe for pedestrians. So I think maybe we could
forego this. We're not going to build this. We might not have the money to build this
for five years or ten years. You're going to get a design done now that inevitably will sit
on top of the refrigerator, let it collect dust, and it might change again, and something
else will come up and there'll be a better way to do it. I don't think we need to put the
money into this right now. I think it's prudent to scrap this right now. Have our town
staff take a look at that intersection and see if they can come up with something else
that would make it a little safer for the pedestrians.
One thing I heard from residents in this town is the fact that that stop sign that's sitting
there, you've got a left-hand turn on the other side of the stop sign, and that could be
confusing to people. Just that in and of itself, could be a fix that would make that
intersection a little bit safer for pedestrians and cars going through there. So I think we
need to have our town staff take a look at this intersection and maybe see if they can
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come up with some solutions. Bank our $150,000, put it toward road work or
something else that needs to be done. And when we're ready to do this, then we do it.
It's again $150,000. Yes, it sounds like a good deal. However, we're not ready to build
this, and we might not be for several years down the road.
MAYOR DICKEY: I'll let you go, Peggy, but I just want to say. I, again, believe that this
would be very eligible for a grant, and I would not put it up on a shelf if I was still here.
Thanks. Go ahead.
MCMAHON: Thank you very much. I agree with Mayor Dickey and Sharron. This is a
dangerous four-way stop, given the amount of traffic and given where it is. That
happens -- and daily there's traffic there, et cetera. In conjunction with what Amanda
said with the downtown improvement plan. Also, this I'm not -- I'm not for wasting
money on putting other red stop light, flashing, et cetera. That's a Band-Aid. I don't
want Band-Aid on this. I would like to be more proactive about providing safety for
everybody at that intersection. I think it's a dangerous intersection. I don't like it. I
don't think it's even attractive for the town. I think that a roundabout has proven itself
to be very, very safe, cost less to put in, is less maintenance than a traffic light. So I am
for spending this reasonable amount of money on a design. I know we don't know what
the next council is going to be like right now, but they're going to have to pay attention
to this particular four-way stop in the future. And I'm just not for waiting around any
longer to be proactive and to take some safety measures in a design which would go
towards helping and educating the next council and making a better educated decision
about what to do at that intersection. So thank you.
MAYOR DICKEY: Hannah?
TOTH: Mayor, really quickly? Could you repeat that number that you had mentioned,
the amount that go by the chamber sign each month? 77,000 --
MAYOR DICKEY: Here it said. The LED sign, approximately 77,000 a month on average.
And then I just divided it --
TOTH: Yeah. So --
MAYOR DICKEY: -- by 31 or whatever.
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TOTH: -- 2,567-ish -- 6.6666 a day about. That would be assuming -- conservatively
assuming that cars aren't driving at the same pace at 2 a.m. so let's say like 13 hours of
regular traffic going through. That would be about 197 an hour, about 3.2 a minute --
well, 3 a minute because .2 of a car would be kind of weird. Point being, this is not as
busy of an intersection as it is sounding like when we first hear some of these numbers.
And that's -- I said, 13 hours, assuming like 7 a.m. to 8 p.m. because Fountain Hills goes
to bed early and good for us, we're healthy. But my point being here, this is not an
immediate need and that's why I would also be for not doing it. But at the same time, I
believe at the very least, we've shown the staff that this is definitely a yellow light, not a
green light. So just to help us keep going.
MAYOR DICKEY: I appreciate that. I wanted to ask Justin because to Gerry's point about
staff looking at it, isn't that how we got to the point of this recommendation?
WELDY: Madam Mayor, the intersection analysis was a directive from the mayor and
council.
MAYOR DICKEY: (Indiscernible).
WELDY: Correct. The intersection analysis is done. The analysis showed us the crash
history, showed us the types of crashes that were there, and made a strong
recommendation for a roundabout in this area. We have two lanes in each direction for
east and west, and one lane in each direction for north and south. And so the north --
excuse me -- the east west legs would be narrowed to one lane to enter the
roundabout. It wouldn't have an impact on the north/south because they're already
single lanes. And the design takes into account the type of road it is. So the design class
and the classification identification, which is a truck route.
MAYOR DICKEY: Vice Mayor?
KALIVIANAKIS: Thank you, Ms. Mayor. Actually, Peggy said something that she's not for
but I would be for her. And that would be -- what about just the hanging, blinking reds,
just to designate that there's stop ahead? I've seen those done with just poles and like,
chains or something, and they just go up like Christmas lights and they have blinking
reds. Is there just another, more cost effective way that we can make this more safe
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without either having to do a roundabout or the expense of a whole stoplight situation?
WELDY: Madam Vice Mayor, I don't have the cost available for what you're referencing,
which is a span. I simply do not have the cost for that. Or am I willing to offer up an
analysis on how we could make improvements. The firm that looked at the analysis did
make some recommendations, but they were minor in nature in regards to advanced
signage to let people know there is a stop sign ahead, those types of things. Just very,
very minor in nature. We can certainly look at the intersection, but it's difficult to
change human behavior. That's the factor here.
KALIVIANAKIS: I understand, but like what Gerry said, that stoplight being in the middle
of the turn lane, it almost does look like that's just for the turn. I don't know. I'm just
hoping that if we do red light this tonight or yellow light it, that we can just come up
with a reasonable, cost-effective solution just for our safety concerns and also the fact
that it is a truck route. I think that's got to factor into the it being a roundabout versus a
stop sign.
WELDY: We'll certainly take a look at it and see if there's anything that we think might
be able to make improvements.
MAYOR DICKEY: I think the truck route is a good reason for it to be a roundabout.
You've got to slow down. You can't go through it. You can't blow through -- you can't
blow through it. And that's literally why there are so many less accidents. And
pedestrians do not cross at the roundabout. They cross away from it and they have a
safe haven in between. They only have to look one way, get to the safe haven, look the
other way. So it is proven safer. The other thing is about the stop sign being on where
it's located, where else would it be?
WELDY: So Madam Mayor, there's a reference -- so I'm going to use some a little bit of
technical terms here. So we reference nearside right. And we reference nearside left.
When we have a split, which is what we refer to as a carrot configuration for striping, it's
not a good idea to put the nearside left stop sign on the left side of a dedicated left turn
pocket, because people that are coming from an opposite direction making a left turn --
think Verde River at Parkview -- have a tendency to run those stop signs over, even with
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giant orange barrels on them. So by offsetting it that 12 feet to make it a nearside left
for through traffic, but nearside right for a left turn is more economical and are feasible.
And also follows the guidelines on the manual for Uniform Traffic Control Devices, which
is really tells us what we need to put there when the distance, the size, the height, all of
those things.
MAYOR DICKEY: Thank you.
WELDY: Easy to understand?
MAYOR DICKEY: It's where it should be. Rachael?
GOODWIN: Mayor, for the purposes of this conversation, I think it's pretty clear that
there is still some division on what we want to do. So this definitely moves to yellow, if
not red, depending on further conversation. I think also we have a traffic safety
pedestrian committee.
MCMAHON: Um-hum. Tomorrow.
GOODWIN: Yes. I think it might be tomorrow. So perhaps this conversation needs to
go to that small group to kind of flesh out, and maybe either future or additional
recommendations or review is warranted. And it might make sense to move that
conversation to that group so that we can get more input, not just from Justin, but from
our engineers and some of our other staff, to get a little bit more insight. Does that
seem reasonable? Great.
MAYOR DICKEY: Sharron?
GRZYBOWSKI: I wanted to discuss the 18-wheelers and trucks driving through a
roundabout. If you've driven to Vegas -- It's been a long time since I've driven, I think,
it's Wickenburg -- and they have at least two. And I have admitted to you guys before
I'm not the best with my lead foot, so I have followed truckers going through that thing
at highway speeds, if not more, and they're capable of handling traffic circles. There is
no doubt in my mind. But I do agree we probably should just yellow light this sucker for
now.
MAYOR DICKEY: Okay.
SOLDINGER: All right. Thank you for all that feedback. I think it was really helpful. Just
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keep in mind that when we're preparing our tentative budget for next month's
presentation we'll have to consider whether we include that $150,000 or not. So it
sounds like we're going to have future conversations on it.
MAYOR: (Indiscernible).
SOLDINGER: Yeah. If it's a yellow light project, we would include it in our tentative
budget. If it ends up being a red light project, we would take it out.
MAYOR DICKEY: I think, including it, just even if it ends up being some kind of a striping
or different kind of a situation, it's probably good to have that in there.
SOLDINGER: Right. So moving on. That was a fruitful conversation. But so the projects
that we considered yellow light projects are on this slide and the next slide. Number
one being the community center renovations phase 3 for $750,000, as well as an
alternate funded project, the downtown restroom, which would be paid out of the
downtown fund of $475,000. So at this point, we're categorizing these as yellow light
projects. And talent for the downtown restroom, town staff is following council's input
and should have further information for the project by the beginning of next month.
MAYOR DICKEY: Thank you. Councilwoman?
MCMAHON: Going back to the community center reservation -- renovations -- excuse
me.
MAYOR DICKEY: Reservation?
MCMAHON: On the reservation. I thought that was a need. I thought that was
something that had to be done in order to complete the project.
GOODWIN: It certainly does. I think the question that was brought up was, what are we
getting for 750? How do we know it's going to be done? What all does it include? The
scope of it.
MCMAHON: Okay.
GOODWIN: And so I, based on the conversation, what staff will do is it -- we budgeted
for. But we will go, we will work with our contractor and vendor to get a better idea of
what --
MCMAHON: Okay.
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GOODWIN: -- that includes, and then come back before we do anything.
MCMAHON: Thank you very much.
GOODWIN: Great.
SOLDINGER: And so lastly, for yellow light projects. Anything that was a grant-funded
project which would be contingent on obtaining the grant funding, we consider to be
yellow light projects as well, which are on your screen.
So total yellow light projects for these past two slides equal almost $5 million. Does
council have any further discussion or questions about these projects? All right. We're
almost -- oh, I forgot about this one. All right.
Wayfinding signs. After fruitful discussion at the last council meeting, it's important to
note that council recently directed staff to move forward on the wayfinding signs
project, with an estimated cost of about $700,000. However, that project has not been
incorporated in the proposed budget that we've discussed today. And we will need to
determine if we can even incorporate the project into the fiscal year 2025 tentative
budget considering several factors we've discussed today, such as funding availability, as
well as the expenditure limitation. Does council have any discussion or questions on the
wayfinding signs project?
MAYOR DICKEY: Hannah?
TOTH: Don't be mad at me. I would rather have the wayfinding signs than the
roundabout.
MAYOR DICKEY: (Indiscernible).
FRIEDEL: You're not saving us a lot.
MAYOR DICKEY: Go ahead.
FRIEDEL: I have a concern with the dollar amount on this, $700,000. I just think that's
an awful lot of money. So I asked the question, how many wayfinding signs do we
actually have right now that are up? I know some of those brown signs have
disintegrated and been removed. So I guess, I ended up at -- originally there were 55.
Do we know how many are still in use right now?
WELDY: Madam Mayor, councilmember, there are probably less than a dozen
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wayfinding signs leading off of Shea. So we had two large ones on Shea. One of them
was badly damaged and not replaced because of its poor quality. And obviously, the
outdated brown ones have been either removed by staff or simply damaged or
unreadable. So we're very, very limited. I would say probably less than 12 total.
FRIEDEL: All right. So if we have 12 that are actually serving that purpose right now -- I
think 40 is the recommended discussion that we had before. Going up to 40, I'm not
sure we need 40 more signs in this town. I love the signs. I love the look. I think they're
perfect. They'll last a long time, but we need to come up with another number to serve
the town, I think. 40 to me is just an awful lot of signs. And that $700,000 price tag is
up there. Well, we don't even know if that's really the price tag. We're going to get that
figured out, aren't we, when we ask them to bid on it or something?
WELDY: That is correct.
FRIEDEL: Okay.
WELDY: We'll know the real number when we open bids.
FRIEDEL: So can I ask this question? Can we get a bid that would include a different set
of signs like 20 signs, 40 signs, 30 signs? Is that possible, do you know?
WELDY: The bid schedule will include -- so each classification of sign, the cost for each
of those.
FRIEDEL: Okay. All right. Good. Thank you.
MAYOR DICKEY: Hannah?
TOTH: Again, my memory. But Director Weldy, am I correct in thinking that we had
discussed maybe lowering the number of the signs in our last conversation?
WELDY: Madam Mayor, councilmember, correct. There was a discussion on whether or
not we could use unit pricing based on the sign classification. And the answer to that is,
yes.
TOTH: Okay. Wonderful. So to further clarify, I would still -- I support wayfinding signs
in town. I support making them more up to date. I do agree that maybe we can afford
lowering the number a bit, so that the number maybe is a little bit more comparable to
the roundabout. But my point being, I think this is something that improves people's
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ability when they're in town to visit town and hopefully therefore gets people shopping
and dining and spending money and paying for the sign.
MAYOR DICKEY: Councilwoman? Vice Mayor?
KALIVIANAKIS: Thank you, Ms. Mayor.
WELDY: If I may? When we're discussing the size or the locations and the amount, as
we get closer to this, and we'll certainly try to provide a detailed map, each of these are
at a strategic location where staff believes that somebody would likely need additional
information, because it's a great distance in between location A and B. In between
there, there are local streets and other collectors, and people have a tendency to want
to turn down those streets. So keep that in mind, as we're eliminating them, we really
need to look closely at where they're being eliminating and whether or not we're going
to reach that goal, which is to get them to this area, for lack of a better description, or a
resort, or the hiking amenities.
KALIVIANAKIS: Okay.
MAYOR DICKEY: Yes, Vice Mayor?
KALIVIANAKIS: Thank you, Ms. Mayor. Justin, if you could -- directed to you. I'd just like
to say yes to this project, but the budget for this, it's $700,000, is kind of a problematic
for me. Now, you stated that we were down to 12 signs, existing wayfinding signs, and
that the rest were damaged. What kind of damage happens to a wayfinding sign?
WELDY: Madam Vice Mayor, nature, and vehicles. So the previous signs were made of
untreated wood. And put in in the 90s.
KALIVIANAKIS: Oh, so they're not metal.
WELDY: No, ma'am.
MAYOR DICKEY: No. Just those downtown things --
KALIVIANAKIS: Just the downtown ones?
MAYOR DICKEY: -- that says town center.
KALIVIANAKIS: So you can't powder coat wood can you?
MAYOR DICKEY: For sure.
KALIVIANAKIS: So yeah, I was hoping that maybe we could renovate the old ones, but I
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guess that's not going to be. I thought that some of them were directing the --
MAYOR DICKEY: Just the different one with the mountain thing on.
KALIVIANAKIS: Okay. Okay. So -- okay. Well, let's try to get a good bid.
MAYOR DICKEY: Sharron?
GRZYBOWSKI: Councils have been kicking this can down the road, don't -- you can sit
down, it's okay. Councils have been kicking this can down the road for years. I can't
remember if I started coming to council meetings in 2016 or 2017, but it has been a
topic of conversation. And I imagine the costs have gone up dramatically --
SOLDINGER: Doubled.
GRZYBOWSKI: -- since they initially started talking about this. Yeah, the dollar value
sucks, but honestly, when you're going into a town, you so appreciate these kinds of
signs because you're on your way in and you're excited and then you're like, well, crap.
So I just -- I feel like this is very important. The other cities and the other towns have it, I
think it is very important for us to do. I also think consistency is important, not just in
the sign, but also in the -- I'm going to call it location or maybe frequency -- because if
you drive too many miles and you haven't seen that sign in a while, you wonder, did you
yawn and miss it? So I kind of feel like, yeah, it seems like a lot, but I think the locations
that were indicated in our last meeting or two meetings ago or whenever it was, I feel
like that many is probably important. I'm all for this project. Yes, the dollar value stinks,
but if we pass it on to councils further down the road, it's going to stink even more.
FRIEDEL: I think we talked about putting mileage on some of these signs too, so that
would eliminate some of the repetition too.
MAYOR DICKEY: Yes. I think that was my brilliance. I just thought like, if we put them
on Shea and we put them on the places where people that don't live here. And then
just say something or another is one mile or two miles or three miles. The other thing
we could do is break it up over a couple of years. If the harm -- what's the harm of -- or
is there harm with budgeting it and then not doing it? Or like if for some reason we feel
like we can do the whole thing in one year or making it a two-year deal? I really want to
do it too. It was like 2018, 2016, something like that, and I'll tell you, it was like going to
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be 100 grand, and so it's a lot different. The design was 100, and then the signs were
just going to be pretty comparable. And we were even looking at -- not we, I wasn't on
the council -- but monument signs and this doesn't even do that. So I'd love to see it
happen. I think it's important. I think the 700 is kind of making us all a little antsy.
Yeah.
GOODWIN: I think that's what gives everybody a little bit of pause. I mean, I feel like
the direction was, yes, everybody seemed to like the idea. It's the dollar threshold that
seems to be uncomfortable. So what we're looking for is just -- is what number would
you like us to put in as that placeholder for next year? If it's 700, that's fine. If it's less
than that and we want to take a phased approach, that's certainly fine. The question is,
is that no matter what number we pick, we're going to have to figure out where that
comes from based on what the budget was presented tonight, because it's not currently
integrated. So the direction we're looking for is, is give us the number you'd like for us
to work with, and then we can -- we'll adjust the budget accordingly.
MAYOR DICKEY: Hannah?
TOTH: Justin, if I could ask you to get up one more time? We're all getting our steps in
tonight. I'm so sorry to our staff. Okay. If we were to split this into two years, if we said
350 and then 350, what would be the challenges for that? Is that something that you
would recommend? What do you foresee if that's what we were to do?
WELDY: Madam Mayor, councilmember, phasing is not uncommon. So what we would
have to collectively decide, is what classification would we like to start with, or do we
want to do a mixed? So do we want to do just some of the ones on Shea, some of the
ones on Fountain Hills Boulevard? Or do we want to focus on let's get them off of Shea
and get them halfway up, and then we'll bring them into town next year. So it's a
discussion that we would obviously need to take a closer look at. And then we would
most likely come back with the recommendations to the town manager. And then she
would, obviously, get feelers from the mayor and council. Phasing is not unheard of for
projects that are this expensive.
GOODWIN: Justin --
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WELDY: So is there a downturn? To some extent. We would probably have to rebid the
project for the balance of them.
GOODWIN: Just for clarification. If we were to do it in two fiscal years like we were
proposing, but we were to sort of join the two fiscal -- do it at the bridge of the fiscals.
So i.e., the end of '25 into FY '26, a June into July sort of installation, where for our
budgeting purposes, it would be in two fiscals, but from the user perspective, they
would all go in. Is that possible?
WELDY: Absolutely.
GOODWIN: Okay.
WELDY: We have several projects --
GOODWIN: So there may be options.
WELDY: -- that bridge the fiscal year.
GOODWIN: Okay.
MAYOR DICKEY: (Indiscernible).
WELDY: But it's just critical that you're -- before right now, today, letting two of these
guys know that you need an additional two hundy.
FRIEDEL: I was going to ask if we could put a cap like half a million dollars on this
project. I don't know if that's reasonable, feasible, but you're going to come back to us
if we say yes, let's phase this in. And your bid comes in lower, of course, then that's the
best of both worlds, right?
KALIVIANAKIS: Yeah. And just one brief comment. I know sometimes when you bid
projects for a town this small, that you have a hard time even coming up with a bid. And
that's been part of the problem that we've had in the past. You're like, well, we put it
out for bidding, we got one bid. So do you want it or not? For a project like this, do you
accept -- do you expect that we'll get multiple bids?
WELDY: Madam Vice Mayor, surprisingly, the last time we got three.
KALIVIANAKIS: Okay.
WELDY: And we're delighted when there's more than one.
KALIVIANAKIS: Yeah. So there's a chance that --
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WELDY: And they were somewhat comparable --
KALIVIANAKIS: Okay.
WELDY: -- in regards. And they were in the $300,000 range.
KALIVIANAKIS: Okay. So there's a chance that we could be well below 700.
WELDY: There's a possibility. But that was three years, four years ago?
KALIVIANAKIS: Yeah. I would just prefer to get the number before we start to phase it
or break it down or do less signs. Let's just, let's get the number.
WELDY: Understood.
MAYOR DICKEY: Councilwoman?
TOTH: I was thinking we could combine a couple ideas and one, really like our town
manager's idea for it effectively still being the same item but splitting that toward the
end of fiscal year '25 to beginning of '26. The other part that I was hoping to maybe
discuss further is, I like the idea of putting a slightly lower cap on this. Maybe the
500,000 is our -- this is what we're willing and able to spend on this. And then we say
250 in this year and 250 in next year. But maybe I'm piecemealing this too much at this
point. But.
MAYOR DICKEY: Well, what is the -- what are the ramifications? So we -- obviously, this
is just a preliminary work study session for our budget. So if we said -- if we waited for
you to get some of those numbers back, what would -- would that mess you guys up?
SOLDINGER: Mayor, Council, another challenging question. Essentially, in the end, we
have not incorporated it into the budget process yet. And in the end, for the tentative
budget that we present to council next month, we have to consider the expenditure
limitation. And so therein lies the challenge. We just don't have the full picture yet,
we're getting there, so it's hard to give you definitive yeses or nos or what's going to
work. Like, for example, the $150,000 for the roundabout, that becomes a red light
project, that frees up $150,000 that was kind of already included in the budget. So that
would make it more palatable. So I think it just depends on how this process goes. But
based on council discussion, if you want to do 500,000 -- for example, Councilwoman
Toth mentioned 500,000 total, 250,000 next year, 250,000 the following year. That
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makes things a little bit easier from the expense limitation consideration standpoint, but
we won't know until we go through the calculations.
MAYOR DICKEY: Councilwoman?
MCMAHON: Can we just leave the money in for right now as a placeholder? And then
when we know a little bit more about what the price will be, then we can take a look at
it and adjust it accordingly?
SOLDINGER: Councilwoman, it's not in the proposed budget we've discussed today at
all. Yeah. So we would have to include it at whatever amount we receive direction on
in the tentative budget process.
MCMAHON: Okay. Thank you.
MAYOR DICKEY: Are there ramifications to -- so we would get one bid, that would be
great. And we would just have to know that that would be an obligation. So if whatever
the next fiscal year brought, we would still have to continue and complete the project,
right? I mean, if we did one bid, it would -- but it would still come from two different
years. I kind of like that, the $500,000 idea because I think that would -- that would
save quite -- that would put quite a bit of money into the budget, but it would also sort
of self-limit, maybe not with 40 signs or whatever -- and we'd have to make some
decisions and that might be something we could -- the 250, 250.
WELDY: I think it's important to note that at the earliest, it would be the very last
meeting in June before we would be able to put this project together, advertise it, and
get bids and sort through that. Realistically, it would be after the summer break when
we would know the true cost. So keep that in mind. We have an estimate now. The
true cost we won't know until we actually open bids.
SOLDINGER: You got it? All right. Presentation's almost complete. Just a few more
slides, so bear with me.
So for the environmental fund that was mentioned at the beginning of the presentation,
we still have a fund balance that we anticipate spending down next fiscal year, in
accordance with council feedback at the budget retreat. We still project collecting
investment earnings in this fund based on the fund balances -- the cash in the bank that
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we're holding. And we are keeping a consistent budget for fiscal year 2025, granting the
budget authority to continue to spend these monies.
And lastly, in our presentation, here are other funds not discussed today, including
economic development, development fee, and internal service type funds. Earlier this
year, before I was a town staff member, council directed staff to defer replacing three
vehicles. Therefore, we did not include proposed expenditures for these purposes for
fiscal year 2025. But we will bring this back to council in the future.
Does council have any questions? No?
MAYOR DICKEY: Oh, there was some questions now. No. I think we've asked and we
really appreciate all your input and all the staff input into creating this, and we'll do our
best to get over the finish line with this and have good conversations with Rachael.
Gerry?
FRIEDEL: I just want to say thank you guys, all the staff for this -- for the presentation.
We value you. And thanks again for all your hard work.
MAYOR DICKEY: All right. Anything else, Rachael?
GOODWIN: No. That leads us to the end. We've got -- I think we've got direction on all
the pieces we needed. So when you see the tentative budget come back in May, it
should reflect those changes and should look pretty similar. So we'll keep moving
forward. We appreciate the feedback and the time tonight.
MAYOR DICKEY: Thank you. All right. We are adjourned.
Having no further business, Mayor Ginny Dickey adjourned the Work Session -
Budget Workshop of the Fountain Hills Town Council held on April 9, 2024, at 7:04 p.m.
TOWN OF FOUNTAIN HILLS
_______________________
Ginny Dickey, Mayor
ATTEST AND PREPARED BY:
__________________________
Linda G. Mendenhall, Town Clerk
CERTIFICATION
I hereby certify that the foregoing minutes are a true and correct copy of the
minutes of the Regular Meeting held by the Town Council of Fountain Hills in the
Town Hall Council Chambers on the 9th day of April 2024. I further certify that the
meeting was duly called and that a quorum was present.
DATED this 4th Day of June 2024.
_____________________________
Linda G. Mendenhall, Town Clerk
TOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR MEETING OF THE FOUNTAIN HILLS TOWN COUNCIL APRIL 16, 2024
A Regular Meeting of the Fountain Hills Town Council was convened at 16705 E. Avenue of the Fountains in open and public session at 5:30 p.m.
Members Present: Mayor Ginny Dickey: Vice Mayor Brenda J. Kalivianakis; Councilmember Gerry Friedel; Councilmember Peggy McMahon; Councilmember Sharron Grzybowski; Councilmember Hannah Toth; Councilmember Allen Skillicorn
Staff Present: Town Manager Rachael Goodwin; Town Attorney Aaron D. Arnson; Town Clerk Linda Mendenhall Audience: Approximately fifty-five members of the public were present.
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Post-Production File
Town of Fountain Hills
Town Council Meeting Minutes
April 16, 2024
Transcription Provided By:
eScribers, LLC
* * * * *
Transcription is provided in order to facilitate communication accessibility and may not
be a totally verbatim record of the proceedings.
* * * * *
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MAYOR DICKEY: Good evening everyone. Welcome. Please stand for the pledge and
remain standing, if you so choose, for the invocation.
ALL: I pledge allegiance to the flag of the United States of America and to the republic
for which it stands, one nation under God, indivisible, with liberty and justice for all.
MAYOR DICKEY: Thank you. Pastor Rod Warembourg from Desert Creek Fellowship. Hi.
WAREMBOURG: Thank you for having me. Please join me if you'd like. Father, I come
before you tonight in Jesus' name and I ask, Lord, for your help. Father, I ask that you
would grant wisdom and insight to this council. I pray, Father, that you would lead them
and guide them, and you would help them to make good choices for our town. I pray,
Father, that you would help them to step into the things that will make this community
a better place for all of us. And so Lord, I ask that You would be light and guide for
them. In Jesus' name, amen.
MAYOR DICKEY: Thank you. Roll call, please.
MENDENHALL: Thank you, Mayor. Mayor Dickey?
MAYOR DICKEY: Here.
MENDENHALL: Vice Mayor Kalivianakis?
KALIVIANAKIS: Here.
MENDENHALL: Councilmember Friedel?
FRIEDEL: Present.
MENDENHALL: Councilmember McMahon?
MCMAHON: Here.
MENDENHALL: Councilmember Grzybowski?
GRZYBOWSKI: Present.
MENDENHALL: Councilmember Toth:
TOTH: Present.
MENDENHALL: Councilmember Skillicorn?
SKILLICORN: Here.
MENDENHALL: Anyone wishing to address the council regarding items listed on the
agenda or under call to the public should fill out a request to comment card located in
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the back of the council chambers and hand it to the town clerk prior to consideration of
that agenda item.
When your name is called, please approach the podium, speak into the microphone,
and state your name for the public record. Please limit your comments to three
minutes.
It is the policy the mayor and council to not comment on items brought forth under call
to the public. However, staff can be directed to report back to the council at a future
date or to schedule items raised for a future council agenda.
MAYOR DICKEY: Thank you, Linda. We'll start with our reports by our town manager
and council. Rachael?
GOODWIN: Thank you, Mayor. Welcome, everybody. I just have a couple of updates
tonight. They're kind of all over the place. First, I wanted to mention, I know our
council -- and it has heard from a number of residents about conditions and concerns
about the Park Place phase 2 property. I want to let you know that we've been in touch
with the owner of the property, staff's been working with them, and we're going to be
evaluating the situation. So, we'll have more forthcoming about next steps with those
concerns.
Also, as many have heard, our own Arizona Coyotes are on the verge of relocating after
this season. As a result, tomorrow will likely be their last home game. So the fountain
will be lit in 'Yote colors as a tribute to the players and the fans that have been part of
the Valley since 1996. I believe our vice mayor will be speaking a little bit more on that
during her update as well.
Lastly, I'd like to officially welcome our new park superintendent, Brandon Putman. I
don't think Brandon is here tonight, but I did want to welcome him. Brandon came to us
from Peoria, where he was the field operations and planning services superintendent for
their parks department. He has a master's degree from Grand Canyon, as well as a
bachelor's from Colorado State, with an emphasis in landscape horticulture and
turfgrass management. So, we're really excited to have him and bring him on board
with us.
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MAYOR DICKEY: Thank you.
GOODWIN: Absolutely.
MAYOR DICKEY: Councilwoman?
TOTH: Thank you, Mayor. I had the pleasure, like many of us, to attend the Dark Sky
Discovery Center's groundbreaking on the same day as our solar eclipse. That was so
lovely. We had such an incredible turnout for that event. It's so clear how much
community excitement is around this project and can't wait to watch it grow over the
next couple of years.
GRZYBOWSKI: I feel like we just sat down two days ago. So I looked at my calendar and
I'm, like, we haven't done anything in two days. But it has been two weeks since our last
regular meeting and the only thing I have is the Dark Skies, and I know everybody wants
to talk about it. It was a great ribbon cutting, and it was so exciting to see so many
people here as excited about the project as we are. And my special Dark Skies dress
went over very well. I got "you were best dressed" emails from a number of people.
Thanks so much.
FRIEDEL: Thank you, Mayor. Did you get a candle for that? Just kidding. Like
everybody else, I attended the Dark Sky event and the eclipse, and it was a fantastic
turnout. I think more than they anticipated. So that was a great event for the town,
and it will be great to see it progress. We did have a budget workshop last week, so we
went through a lot of stuff that are going to affect the future of the town: capital
projects, finance, et cetera. And I attended the Regional Domestic Violence Council
meeting and a couple of notes from that. They see a very big increase from July through
December, during the summer, and the holidays of domestic violence. They're trying to
figure out what those numbers mean and why it's increased at that particular time of
the year.
And also, April is Sexual Assault Awareness Month. So, on Fridays, they're going to be
wearing teal. So that's for sexual assault month. That's all I have, Mayor. Thank you.
MAYOR DICKEY: Thank you.
MCMAHON: Good afternoon, everybody and thank you very much for coming. I also
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attended the groundbreaking ceremony and I have to say it was fantastic. It was so well
put together. The board is so proud of their accomplishments. I just can't wait to see
what they'll do and how fast it's going to be built. And it was awesome because it was
simultaneously with our solar eclipse. And they handed out solar eclipse glasses, so
everybody got to enjoy that. It was a great groundbreaking ceremony.
Also, we're planning -- the Dementia Friendly Town Committee is planning our new
summit. It's going to be April 27th here at the community center. It's free, and it's
going to be about taking care of the caretaker and providing them with information and
support to get through a difficult time.
In addition, yes, we did have a budget workshop the other day and I have to say I was
impressed because, as usual, David Pock and Paul do a great job and it looks like the
town has a bright future. So, thank you very much.
MAYOR DICKEY: Thank you.
KALIVIANAKIS: Thank you, Ms. Mayor. And thank you, everyone, for coming tonight.
It's so nice to see you again. For everybody on YouTube and livestreaming, wish you
could be here, but it's a nice room. It's a great audience. I want to congratulate all the
Stellar Students tonight for being here and for your outstanding work in the schools.
I did go to two ribbon cuttings: KDA Dance and the Gallagher Framing Company. Those
are both wonderful. It's always nice to see our business community engaged with the
Chamber in the town.
Also, I would like to, kind of -- and the big picture is, this town council, we deal with
public safety, we deal with fire, roads, safety, infrastructure, parks, recreation. But just
as important, or maybe more important, is the individual interactions that this council
has with the community. It's really meaningful. This gets us back to the Coyotes and
the lighting of the fountain. A number of constituents came up to me and they were
Coyote fans, and they had said, wouldn't it be nice if we could do something to
celebrate this wonderful team that we've been enjoying for so many years? And so
based on the input that I got from the people in this town, I went to the mayor, and I
went to our wonderful town manager, and they're like, yeah, what a great idea. And so,
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we put that together and that's again, that was just completely generated from the
people in this town who we represent.
Just again, just on the small level, the little level, we're having, the Fountain Hills Cares
again. Last month we had it for the celebrating civility, and it was the most well-
attended one that we've had. And this next one is going to be on personal
responsibility. And so, this is something that touches all of our lives. The police tend to
be as proactive as they can, but they're reactive. If something happens to you, you call
the police, they come and investigate. And so, we all have a duty to be proactive. And
so, the basic principles are: be safe from danger; protect yourself; protect your property
from theft, violence, cyberattacks; be alert; display confidence when you walk; keep
your hands free, especially from your phone; and ask for help if you need it. And always
out there, trust your instincts because they'll usually be good for you. And so I just want
to let people know about that.
The last thing is we had our streets and pedestrian safety committee this month, and
just so everybody knows, this is our town engineer, this is our town manager, the
mayor, myself, Peggy, and other principals. And we literally sat down for almost three
hours, and we went over every email, every correspondence, everything that anybody
had about public safety: about their driving too fast on Main Street, could we get rid of
this speed bump, we need a sign here. And so just so you guys know, we get one letter
in, every single one is looked at and addressed. If it's a speeding issue, we take that
wagon that goes out there and measures the speed. And just so you know, when you're
driving up there, it measures your speed before you even know it's there. So sometimes
they say, oh no. Anyway, so yeah, that's one thing we talked about in that meeting.
Anyway, so I just want to let you guys know that we are looking out for you individually
as well as the big picture.
And the last thing, on March or May 11th, the Desert Valley Winds will be playing --
that's a band that I play in -- at the community center. So, I invite everybody to go
there. And this month we have a new song called Saxation (ph.). It features the
saxophone, which I play. So, I hope everyone can come out and join me on the -- it's at
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noon on the 11th of next month, at the community center. So, thank you everybody.
MAYOR DICKEY: Councilman?
SKILLICORN: Thank you, Madam Mayor. Welcome Fountain Hills. So good to see all the
people here. And I'm just going to keep this so short, because I'm just excited to see the
Stellar Students and hear the presentation from the university. Thank you so much.
MAYOR DICKEY: Thank you all. So, I don't think anybody mentioned the music fest. So
yay Went to the music fest. The groundbreaking. The budget work study, which is on
video. So, you can see that conversation. Pedestrian traffic safety as Brenda and Peggy
were talking about. Canada, Arizona Business Council, kind of, narrowing down to
something called medical travel. And so, Amanda and Rachael met with them with me,
and we'll see where that leads. Had our mayor's education roundtable, and I'll talk a
little bit more about that when U of A is up here. The Community Foundation luncheon,
they had the whole butterfly weekend, pretty much. So that was a very nice event.
Fountain Hills Cares committee.
And then just two things that the timing was a little bit off, so National Therapy Animal
Day is April 30th. I couldn't get it on for today, so they'll probably have a proclamation
on the 7th, but I wanted to mention that. And then International Firefighters Day is May
4th, so we'll miss that one too. So, I wanted to mention those. Folks ask us to do
proclamations, so and we will do those on the 7th.
So now, we're going to go to the Stellar Students and the kids, I will read your name
from up here because I have two from each school. And then you come on up and
Angela will give you a certificate. And after everybody's all lined up, they'll come down
and the paper will take some pictures. And then I'm going to go straight into the
proclamation for the Fountain Hills Women's Club. And I think there's somebody here
to pick that up. Is Joanne Colella here? If not, I'll just read it.
But let's get started with our students. And we always start with our little Falcons
Preschool. And our first student is Braylee Gallagher. Is Braylee here? You can come up
with her. Yeah. Of course. So "Braylee always walks into school with a huge smile,
ready to learn and play with her friends. Braylee is eager to explore the classroom
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environment. She has shown so much growth throughout this school year and she
demonstrates all the characteristics of a great Falcon." So let's hear for Braylee.
Our next Little Falcon, so you won't have to be up there too long. Is Cash Fritz. Is Cash
here? Come on up, Cash. Go stand right up there. "Cash is a new student in my class,
and I couldn't be prouder of him. He loves coming to school every day and always
greets his teachers and peers with a big smile. Cash is considerate, mannerly, and very
helpful. He has made many good friends in a short time. Cash loves learning and his
enthusiasm is reflected in the quality of work he does in class. He's very artistic. It's
inspiring to see his creativity flourish in my classroom." Cash.
Moving on up. McDowell Mountain Elementary School. Keeva Wendt-Swan. Is Keeva
here? Come on up, Keeva. "Keeva is a pleasure to have in class. And a very bright
person to be around. She's an exceptional student and will not shy away from any
challenge in PE, no matter how tough it may be. Keeva possesses a superb attitude with
tremendous character, and she'll greet me every day with a fist bump. She brings a lot
of energy to each activity and brings out the best of her peers in terms of effort,
attitude, and curiosity to learn. Keeva is always one of the first ones to help me clean
up the gym after each activity and she does a great job following directions while going
above and beyond her class." Keeva. But you know that teachers write these for them.
So, our next one is Jamie Michel. Is Jamie here? Jamie, come on up. "Jamie always
comes into class with a positive yet competitive attitude and is always willing to help.
He does a terrific job following the rules of each activity, and truly sets an example
amongst his peers on how to follow directions, work as a team, and give a 100 percent
effort. Jamie approaches each activity with enthusiasm and eagerness to learn each
sport or activity at hand. He's one of the best first-team students I've had the privilege
to be around, as he frequently puts others above himself. His respectful attitude to
myself, his peers and his classroom teacher, Ms. Silver, are greatly noticed, and I'm very
much looking forward to seeing Jamie continue to learn and progress." Wow. Jamie.
The Fountain Hills Middle School, Scarlett Grieco. Is Scarlett here? Come on up,
Scarlett. "Scarlett is known by her teachers to be of sound character, compassionate,
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conscientious, creative, disciplined, honest, persistent, resilient, sincere, and has a great
sense of ambition. She has had tremendous growth in adaptability, communication,
organization, self-management, teamwork, and problem-solving. Those cultivated skills
will certainly allow Scarlett to excel. In addition, she is a model scholar athlete who
shows strong leadership among her peers." Scarlett.
Also, from the middle school. I think I saw a dad out there. Jonah Maroon. Jonah,
come on up. "Jonah is a quiet yet motivated scholar-athlete who's a quiet leader. He's
kind, thoughtful young man, he works hard in class and gets along with everyone. He's
not afraid to ask questions and is willing to help whenever he sees a need. On the
basketball court or the cross country field, he puts forth his best effort and also supports
his team members to do their best as well." Jonah.
All right. High school. Seilah Smith. I see she's called CC (ph.). Is she here? Well, we'll
read about CC. "She is an outstanding student and athlete and a leader. She works hard
both on and off the court, maintaining her grades, practicing stellar citizenship, and
exemplifying the Falcon way. Her grit and dedication to athletics is unmatched. She
leads by example and pushes herself and her teammates to be their best. As a coach, I
couldn't ask for more in terms of character, grit, determination, and drive to be
successful." CC Smith.
Our last is from also the high school. Jack Dwyer. Is Jack here? Oh, I guess they will
probably have practices in all kinds of things going on at the high school. "Jack
embodies kindness and camaraderie on campus. Known for being the nicest student
around, Jack extends his friendship and support to anyone in need, fostering a sense of
belonging and community. Jack exemplifies the values of empathy and grace in every
interaction he has, whether it be with an adult or a student. He fearlessly embraces
new challenges, such as joining the football and the wrestling team. His genuine
compassion and altruism shine through, affirming his status as just being a good human.
The world will be a better place if it had more Jack Dwyer's." Well, that is something.
Jack Dwyer.
All right. So, we're going to get a picture for the paper. Close. Proud of yourselves, this
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is awesome. Mom can stay. Just get a picture and then you can go. Okay? There you
go. Thank you, guys. Thank you so much.
Anybody here from the Women's Club? No? Okay. Well, we'll make sure they get this,
but I'll read it.
"Whereas, officially established in January 1974, the Fountain Hills Women's Club is
celebrating its 50th anniversary, marking five decades that the nonprofit volunteer
organization has sustained its mission of women supporting women in Fountain Hills;
and
"Whereas, the history of the Women's Club is closely entwined with the history of the
town itself, which was founded just four years earlier, and the club's guiding creed was
written in its early days by member Karen Myers and states its members' commitments
to the town's common good to serve wherever they need be and to support worthwhile
causes that exist in the community, working together in harmony and friendship;
"Whereas, the Women's Club and its members have been instrumental in building and
lending generous support as a benefactor to the Community Center, the Library
Association, the Senior Center, River of Time Museum, Botanical Garden, Extended
Hands Food Bank, Fountain Hills Chorus, High School Band, Fountain Hills Theatre, and
many other organizations and causes;
"The Women's Club mission is to raise funds through an annual lunch to support
scholarships for women 23 and older who live or work in Fountain Hills to assist them in
returning or continuing their education. Plus, two scholarships are given to graduating
seniors from Fountain Hills High.
"And to date, the Women's Club has presented more than $325,000 in scholarship
funds.
"The Fountain Hills Women's Club welcomes women of all ages in Fountain Hills and the
surrounding communities to join them for their monthly luncheons, social activities,
presentations, volunteer efforts, and fundraising.
"And on March 9th"-- Peggy and I were there -- "The Women's Club presented their
50th Anniversary Gold in Them Hills gala luncheon and fashion show to celebrate five
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golden decades as one of the first social and service organizations in Fountain Hills.
"Therefore, the Mayor of Fountain Hills, Ginny Dickey, recognizes March 9th, 2024, as
the 50th anniversary of the Fountain Hills Women's Club and call upon all citizens to join
in yearlong celebrations, recognizing the remarkable service, achievement, and
commitment of the Women's Club to the betterment of our community. And I'm sure
Joanne Colella and all the members will be happy for you to look them up more about
them and join the club. Thank you.
Thanks again, everyone. We have a couple of presentations tonight, and our first one is
going to be presentation from the University of Arizona. And we welcome you and
invite you to come on up. If you kids are heading out, that's okay, despite what Sharron
might say, you may leave.
But Amanda, maybe you'd like to introduce?
JACOBS: Yes. Good evening, Madam Mayor, members of council, if anyone is tuning in,
want to remind our community and council that in September, this council unanimously
approved a community economic development strategy. Thank you to the [aaws] in the
background. But one of the focus areas in the economic development strategy is
strategic partnerships. And then a couple of items are one, to partner with a university
to perhaps locate a satellite campus. And then two, to work with our universities to
help with our talent pipeline.
Back in January, I was attending a conference and saw some old friends from U of A that
I worked with with the town of Oro Valley, and they said, Amanda, you need to meet
Jane. And so, I'm like, okay. So, for the last few months have been working with Jane,
and Jane is here -- I'm not going to steal her thunder -- Tara and Mike. But before I turn
it over this university is the real deal. So, in Oro Valley, the U of A was able to acquire a
building and build a veterinarian school. We worked with them in our Innovation Park,
which is our bioscience corridor, to build an incubator. It was done, of course, through
public-public, private-private partnerships, not just the town and the U of A, but a lot of
people just believing in the town. And then also we would hear from constituents,
again, this is a different community, to say is there a way to bring seminars and classes
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into the council chambers and test it? And so, for a couple of months, we'll say the
summer and the fall, we did a humanities class. So, some people were asking, was I
going to have a surprise announcement? No. It's all about building those strategic
partnerships, starting to plant some seeds. And so don't get too excited. But get
excited that we're starting these conversations. And Jane, with that, I'll turn it over to
you.
SURGENT: Oh, okay.
MAYOR DICKEY: Hi.
SURGENT: Hi. Good evening, Mayor Dickey, and members of the Fountain Hills Town
Council on behalf of the University of Arizona. Thank you for inviting us to speak with
you about the university and its growing presence in Maricopa County. I'm Jane Surgent
and -- there we go. And I am the assistant director of local and rural outreach in the
government and community relations office in the at the University of Arizona. The U of
A is Arizona's original land grant university. As a land grant institution, we are here to
make science practical and bring the university to people throughout Arizona. We strive
to build sustainable relationships with all Arizonans through education, partnerships,
and community service.
As my role, I explore ways to work with Arizona's 15 counties and five tribal
communities with which the university has a physical presence. I work and engage with
elected officials and foster connections with farmers, ranchers, nonprofits, and
community leaders in urban and rural areas across the state.
As a fifth-generation Arizonan who was born and raised in a rural community, I have a
passion and commitment to make a real difference in the lives of people living
throughout the State. One of the ways this happens is through the university's
cooperative extension. Cooperative Extension is part of a nationwide educational
network of scientists and educators, all from land grant institutions. It provides a link
between the university and citizens of this state, creating programs that address
community needs for all ages. These program areas include tribal extension. With more
than 30 percent of Arizona's land being tribal, our initiatives help Native American
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communities with education and outreach and development, sustainability and
resiliency. Our second area is agriculture and natural resources. We assist farmers,
ranchers, agency personnel, and others involved in natural resource management to
increase profits and steward our natural resource responsibility. Our third area is 4-H
Youth Development. As the state's largest youth service organization, Arizona 4-H is
inspiring the next generations of leaders, entrepreneurs, and problem-solvers.
And our fourth area is family, consumer, and health sciences. These community-specific
programs and educational classes help build strong families, strong minds, and strong
bodies. Master Gardeners School and community gardens, which I understand you have
one here, 4-H, Urban Horticulture in Arizona Project Wet, which is water education for
teachers and students, are just a few of the many programs that we offer.
As residents of Maricopa County, I encourage you to look into the U of A's cooperative
extension and see if there is something that aligns with your interests or needs, as it can
be a valuable resource for all ages.
So thank you so much for your time. And with that, I'd like to introduce my colleague
Tara Burke. And after that, Mike Mobley. Thank you very much.
BURKE: Hello, everyone. It's a pleasure to be here with you today. I'm not a fifth-
generation Arizonan, but I have been here for about five decades now, so I'm very
happy to be in front of you today. I work for student engagement and career
development. So, my department, we are tasked with helping our students to really
learn who they are as individuals and match their talents and their desires, their values
with their future careers. U of A has, as I think the materials you have in front of you,
over 50,000 students, about 40,000 of whom are undergraduates and over 10,000 are
graduate students. We have 22 colleges and schools. Our newest school is the School
of Information, which will become the College of Information as of July 1st. And that
school was spun off of another school so they could focus on new technologies like AI
and game design.
So, my department, we service all of the colleges and schools. However, many of the
schools also will have their own career person embedded in their department. So for
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example, there's someone in engineering who actually is a trained engineer but works in
career development. And then we partner to bring in industry partners and connect
them with students for internships and for jobs. So, if you had the pleasure of attending
college yourself, your experience is probably very different from what we provide to
students today. We start on day one helping students to connect their academics to
their careers. So really, from the very beginning, we're talking to them about career.
There's a career map that they can follow. For every semester we recommend different
activities that they can do. But our big push right now is to connect students with
internships. We know that students who do internships, especially paid internships, not
only will they get a job faster upon graduation, but their salaries are about 20 percent
higher than a student who does not do an internship. So that's a message that we're
trying to get out to students and to parents and to community members.
So, if any members of the community here would like to interact with our students, I
think some students would be interested, perhaps, in municipal government. And if you
could use an intern, please do let me know.
I did want to make just a couple of comments too, about this current generation, Gen Z.
Most of our students today, at least our traditional students, are members of Gen Z,
born between 1997 and 2012. Right now there are about 25 percent of the working
population, believe it or not. And that will become 30 percent in just a few years. So we
all need to embrace this generation and kind of learn how how they think and how they
learn.
A couple of things to know. They're very socially responsible, very purpose-driven, cost-
conscious, culturally open, and they're really tech expectant. So, they expect
technology to work and to work well. And I can say sometimes they're a little dismayed
with perhaps some of the older systems we have at the university, but we are rapidly
changing to accommodate their needs.
In terms of communicating with Gen Z in the workplace, interestingly, they expect a job
offer just one week after the first interview. And if you've ever worked in career
development, you know that that probably doesn't work that way. Or if you're
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someone who hires folks, you know that probably doesn't happen. So, we work to
manage those expectations. But if you can cut down the time to hire, that's super
helpful. Let's see. And they also do really like face-to-face. I think there's a bit of a
misconception that this generation wants everything to be online, and they don't at all.
In fact, they really hunger for that human connection. So, they are also looking for
flexibility, though. So that means hybrid workplaces and spaces would be really
important to this generation. All right. I could go on, but I will not. I will let my
colleague Mike Mobley speak to you now.
MAYOR DICKEY: Thank you.
MOBLEY: Hi everyone. Thank you very much for inviting University of Arizona to be
here and trusting me to be a representative of the University of Arizona. You're taking a
big risk there, and I appreciate it. And next time, if I am invited back, I apologize, I will
make the font bigger on the slide deck so everybody can see who we are. But my name
is Mike Mobley. I'm the region manager for the Near You Network here in Maricopa
County. You might be asking yourself what is the Near You Network? As has been
mentioned by my colleagues prior to me, University of Arizona is everywhere, right?
We're all over the state. We're all over the globe for that matter. But the Near You
Network is our distance campus. And so publicly we call it Near You Network. Internally
it's distance campus. And we have five different locations. So Yuma, which is primarily
focused on agriculture and some engineering, in particular engineering within
agriculture and several other programs.
And then Douglas and Nogales, Arizona, we also have campus locations there. But me,
being in Maricopa County, I'm primarily focused on our two campus locations in
Chandler and in Gilbert. Those two campus locations are completely different in terms
of their offerings. The Gilbert campus only has nursing. We have undergrad and
graduate. And then in the Chandler location, we have a BS and law program. Sorry to
point out the attorney in the room, but then we also have interdisciplinary studies. We
have psychology and education programs as well. But part of that, part of what Near
You Network can bring to any city within which we operate is the ability to network with
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the mayors and other businesses within that community to determine what their
education needs are. And that's where I spent a lot of my time, is working with the
mayor of Chandler, the mayor of the town of Gilbert, and those chamber of commerce
to really understand their assessment of the educational needs in their community and
how the University of Arizona can close those gaps. Say it's cybersecurity education,
guess what's going to happen? We're going to have a cybersecurity program at our
Chandler or Gilbert location, because that's what the community is telling us that we
need. So, when it comes to partnerships -- I lost Amanda. I don't know where she is --
that's my -- there she is -- that is my job. To interface with the community and
understand what your needs are as a town and and do everything we can to ensure that
we're meeting those needs for the community. So, thank you very much. Again, it was
an honor to be here. Have a good rest of the night. Thank you.
MAYOR DICKEY: Thank you. And anybody have any questions or comments for our
guests? Well. Okay. Go ahead.
MCMAHON: Thank you very much for the presentation. And thank you, Amanda. I do
hope that a partnership can be worked out with them. I think that would be awesome.
So, thank you.
MAYOR DICKEY: Yes. I appreciate you coming very much. Just wanted to ask if, I mean,
you don't have to answer, but if you are familiar with the Arizona mayor's education
roundtable and mayor of Chandler and mayor of Mesa, a whole bunch of mayors are on
that. But one of the things we've talked about graduation rates and absenteeism and
different things. The one that we just had was about the importance of post-secondary
education. So, the Education Forward Arizona, that's what it's called. It's called the
Everything to Gain campaign. I don't know if you're familiar with it at all. But it's
basically about education and training beyond high school. Some of the things that
Helios Education Foundation does some research, they've shown that Arizonans who
pursue education after high school experience higher lifetime earnings -- that would be
expected -- but better health and more economic opportunities, and there's a whole
great report out there and a whole great survey. And it not only just helps the
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individual's income, but it helps the communities at large.
One of these statistics says that increasing higher education enrollment by just 20
percent per cohort would lead to more than $5 billion in economic gains for Arizona
each year. And Arizona does have some gains to be made, I would say. So
educationforwardarizona.org. West.ed, you know them, and Helios are all working in
concert with you and trying to keep up that that conversation about how important it is.
And also we have EVIT here, East Valley Institute of Technology, which also helps with
those internships and to get people on their way if they don't go on to traditional
colleges.
So, I think there are so many different parts of this, but we're all in the same boat on it.
And we're just so happy that you're here and that you're working with Amanda. And if
there's anything that we can do and our staff and any of us here, we would love to hear
and move forward on that. Thank you so much.
We have another presentation. Speaking of Amanda and speaking of economic growth
and vitality, we're going to get our quarterly report.
JACOBS: And we did have to squeeze in the U of A, so they have another commitment.
That's why they're leaving. And again, hopefully, right, they'll be near us at some point.
But Jane and I are brainstorming. We've got ideas.
All right. Madam Mayor, members of council, here tonight to present our third quarter
report. So that's typically from January to March. And your economic development
team is extremely excited about this report. 2024 is off to a great start. And we hope
you have the same enthusiasm as we do.
So, starting with business attraction. Here are our new openings. We've also added
employee numbers. After our last quarterly report, a constituent reached out and said,
Amanda, could you make this public? And absolutely, that's an easy ask. We have the
information. We're starting to track that. And so, I'll look to you. Do you want me to go
over each one or we got like 20-plus slides and then the coming soon. So. You're
welcome. All right.
Business attraction for Park Place Phase 1, which is currently up. You've heard me, I
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think, in a council meeting and then perhaps in an email say that there were three
commercial spaces available. There will be another one becoming available. So if you
see that difference, there will be four commercial spaces remaining. In talking with the
property owner and the broker, there's lots of enthusiasm. And what they tell me is
like, he can't even tell me who will be first. Is it a grocery store? Potentially. Is it a
restaurant? But those are some of the potential tenants that are interested. And some
folks think with these private developments that I'm in charge or you guys are in charge,
we are not. It's private. We are public, so don't have a say. But of course, always
encourage with our partners that they be mindful that we do not have a property tax.
We have a sales tax. So, anything that can generate and bump that number up is
appreciated. Manager Goodwin made a note earlier in the program regarding Park
Place, so I will not say anything further. All right.
Continuing. So, since last year, the Former Vu restaurant was up for sale and we have
been meeting with the new property owner that is looking for, either to have someone
else purchase it or looking at a reliable person to take over a lease. We've had lots of
conversations and I'll say there was an idea to potentially redevelop this area, but staff
is pushing hard to keep this as a restaurant, again, because of sales tax. And then that's
just one picture. It's flipping gorgeous, if I do say so myself. And so, we've been
partnering with the owner to produce marketing material, drones, video footage. And
so your economic development team has been pitching out to national restaurants and
working in conjunction with the property owner. And so, they're also working on things.
Unfortunately, they don't share that unless there is a letter of intent. But working very
closely on this project.
There will be a mixed-use project going along Park View and Saguaro. Not the greatest
picture, but again within our downtown. So mixed-use, the first floor is restaurant and
office space, and the second floor, they identified the description as condos. It'll be two
apartments and then these are the same owners. We can divulge this because it's been
a public record, but they're the same owners as Pisa Pizza. Say that five times. So, they
have submitted their building permit into our development services department, and
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that's currently under review. So, things are happening.
"All right. For business attraction lead generations, we had started sharing this. This is,
again, your economic development team being proactive, reaching out to developers,
retail, restaurant, and then we were able to respond to an actual tech firm that came
through the Greater Phoenix Economic Council. So that's GPEC. So, they'll get leads
directly as our regional economic development organization. And then sometimes it will
funnel through the Arizona Commerce Authority. And again, this is as good as it gets. I
can't tell you any more until it becomes real.
And then just wanted to to share and put things in perspective. So again, the Greater
Phoenix Economic Council, when they get a lead, it is sent to the Valley partners, all of
us. But there's requirements that need to be met in order to respond. So, there's been
25 projects, the average square footage -- this is where it's been killing us -- is that
square footage requirement. And so having it already shovel ready, if you will, a built
environment or the land to build new. And the average salary is roughly 69,000. And a
lot of what we're seeing, the industry is manufacturing. And so wanted to share that.
And then you'll see a little bullet that says bioscience business development. So, to
remind everybody, you guys helped me change our targeted industries. And back in
September, we had lots of conversations for a good nine months. And one thing that
the community and you, as council, said is, Amanda, you have experience in bioscience,
can we add bioscience? So, I said absolutely. That was September. And I want to say
we were being very forward thinking, because in December, at the tail end, the Greater
Phoenix Economic Council has hired a specific employee that will be assisting in
bioscience. So that's awesome that we're thinking ahead.
Now we'll move on to business retention and expansion. We continue to partner with
the Chamber of Commerce and rotate through councilmembers. Right now, the
councilmember I'm working with is Councilmember Friedel, and then next will be
Councilmember Grzybowski. And so, haven't seen too many new trends, but just want
to point out we had heard from some of the businesses about communications and so
we said, tell us more about communication, right? We wish communication was better.
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And what they shared with us is let us know. We don't care if the town's operating the
chamber, but there's all these magnificent events happening, we're having -- and still to
this day, two years later -- having issues with talent and then staffing up. And so, when
you are having these visitors come to town, we want to make sure we're staffing up.
And then Councilmember Skillicorn and I met with one of our restaurants in the winter.
And so, she shared with us that as soon as she gets that hand delivered, that she is
entering it into her system and so preparing. And then that -- I can say it was Euro Pizza.
And so, relocations, remodels: the Elliot Group, which is located off of Saguaro, they
will be expanding. Which is exciting. Again, when someone who is existing is willing to
invest, they are planning to build three new buildings. And then -- so within their
current footprint.
And then Oka Sushi. We did all see, perhaps, that a sign came down for Snowee. And
then, so there was all this concern. And Amanda, there's another vacancy. That is not
true. Oka Sushi is now just expanding their restaurant footprint. So, they still are
leasing that space.
And then KDA Dancy, Vice Mayor Kalivianakis brought up KDA. But just want to share
that they were in the biz hub. And so, months ago with Councilmember Toth, we were
having specific meetings with some of those tenants to make sure that they didn't leave
Fountain Hills and that they could be placed. And so happy -- this is a 17-year
business -- is staying here in Fountain Hills.
And then as the membership, just for full transparency, at some point I had presented
to council, we had a press release that the town was going to invest $2,000 to
participate in the Arizona Small Business Association and pass it down to some of our
businesses. That recently came up to renew. But just so you know, staff is not quick to
renew. And so, we wanted to reach out to the tenants that were participating to see if
they were finding value. And the feedback we received is no. But part of it was they
just did not have the time to participate. Some people didn't respond. Or again, it was
just a flat out no. So, at this time we did notify ASBA that we won't continue that. And
I'm always open to reevaluating. But if people are not seeing value, I can't justify, even
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though it's a couple thousand dollars expense.
And then just a teaser, our Shop Local Summer Campaign in partnership with the
chamber will begin in May. And then we're also working with Debbie Clason, with
Clason Communications to do a social media campaign. So, we're also participating in
paying local with Debbie Clason. And then we'll be doing some ads and sticky notes as a
new thing on the paper with the Fountain Hills Times Independent.
There are a few slides on downtown Fountain Hills. Everybody's excited. Want to let
the council know and our community that the town is starting to have conversations
with Plat 208. We all recognize there's lots of opportunities, but there's also some
challenges. And so, knowing when a new business is coming up, are we in conflict in any
way with some of the policies they have in place. And some of their policies are from
the 1970's. And so wanting to partner and collaborate -- because the last I checked
were in 2024, and we have evolved. And so we're working on that. And then I had the
opportunity the end of February to attend the International Downtown Association
Conference in San Diego, very timely, since we're working on downtown. And then a lot
of the topics they were talking about as far as placemaking, arts, the different trends,
and so folks that I met with -- so again, you're not falling out of your chair come the end
of the year. They are investing 20 to $40 million in their downtown. We won't be
coming before you and requesting 40 million, but just to sort of set the tone.
Now, granted, I asked questions, how are you doing this? And some are like, we have
support from our councilmembers. I'm like, that is fabulous. But then to dig deeper,
there's also different taxing districts. And then some of these folks use their ARPA
funding to invest in economic development in downtown. So, when you start to see
that 40 million, it's okay, this makes sense.
Some of the trends. There were some folks that I met with that are dealing with the
same thing as we are, updating their their strategy. It started and maybe never quite
took off. Folks, again, from -- it's basically international, so around the world, but of
course talking to folks in the U.S., they are seeing too that people are not going back
into the office. And so, seeing some of those projects convert to mixed use or just
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straight-up multifamily. And then talked a lot about placemaking. And there's been
some folks in the community that are like, Amanda, I think I get the placemaking, maybe
not, but those two pictures, they're not from my travels. But this is also those pictures
are depicting placemaking, creating that sense of place. So again, the seating, having it
being inviting, seeing the lighting, those are some ideas.
And then on my second day, for half the day, I was able to connect with some
developers that are building a life science district, which is this picture. And so saw this
architectural rendering. We got sort of a sneak peek, and then we walked down and
some of this is coming to life and is still being built, but it was safe for me to enter. And
I will have to admit, I saw this and yes, that is the ocean, but I thought we've got
Fountain Park. Why not Fountain Hills? And so you'll see, the first three levels are
actually spec space. And I'll tell you too, in my 20-plus years, it's very rare for a
developer -- and to find a developer that is willing to build something to this magnitude
as spec space. That there's there's no solid tenant. And so, this is for life science
bioscience. And then I thought, too, it was very clever, is that top which is cut off --
which I did make it up there -- is that is completely opened and is an event space
because sometimes with bioscience companies, there's people from all over the world
and they're having different trainings. So sometimes they're going into hotels or in this
case, they're ready. So, because they don't have a tenant, they're working with Major
League Baseball to start doing stuff on that top floor. But again, very exciting, helps us
to sort of imagine the possibilities. But also nice to talk to some of these developers.
It was interesting when I first met one of them, she had her arms crossed and she's like,
let me guess, here's what I've heard on my second day. So, there's the first day and half
the day. I bet you have lots of crime and homelessness. And so, I looked at her, her
arms are crossed, and I said, absolutely not. And then so she opened up and was like,
like, tell me more about your community and how is this -- how is this happening? And
she's like, let me guess too, like it's your demographics and you have an elected body
that is being proactive? And so I just shared this is sometimes we can focus on negative
things that maybe are perception, maybe not reality. But again, you guys have heard
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me privately, sometimes publicly, that words matter. And when we say harsh things it
can be a turn off. So again, just with her body language really closed off and opened. So
I just share that.
Now let's bring it back home. So, our Fountain Hills strategy we have concluded with
our focus group meetings. I do want to give a heads up to council that they weren't
wildly attended and want to share with you, so you're not shocked, we actually had our
ASU intern that's interning for the Development Services department, go above and
beyond and knock on doors and hand deliver fliers to get people into these focus
groups. And some of the feedback was, why am I going to waste my time? You guys
tried this, you put this strategy on the shelf. And so I was present during one focus
group. And what I said -- and this is where I need your guys' help, and the community
back here are watching -- is, I asked this particular business owner who has been here --
I've only been here 2 years -- over 20 years. But I asked, have you met this council?
Because this council has been unanimously supportive of even doing the strategy. Yes.
We'll have to get down to budget and start implementing. But I encourage you to
participate in the meetings and show up. If you don't show up, I don't know. I am not
gifted at being a psychic.
And so again, the past is the past. And what I've shared, I appreciate past information
so we don't step in it and make mistakes. But I will leave folks in the past and then ask
folks to join me on a journey. Let's look at the present and the future, and let's do
something to improve the downtown.
I'm inviting everybody on May 15th to an open house. It will be at the community
center ballroom run from 6 to 8 p.m. I also invite all of our councilmembers to please
attend as well participate, your residents, but also to just kind of be that fly on the wall
and engage and see what we're hearing. I'll say with the focus groups, there have been
no surprises. We're hearing infrastructure, lighting, signage, and then also looking at
updating our policies. And so some of you have shared more privately, I think, that
perhaps you would be interested in the future of investing in some type of facade
improvement where there's a cost share. So, we're hearing some of that. And again
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later this year we will show you where there will be costs associated and then where,
with policy, it may just be staff time or where there's a potential opportunity that that
could cost something.
Then folks have shared with economic development that we have had no downtown
Fountain Hills web page that has our events, arts and culture, where to park, business
resources. And so, we had reached out to our web host to see what would it cost to
design this? It was only $640, but I did go to our IT team. And then John Perez, who's in
the back, our economic development specialist, and said, hey, I know it's only 640, but
could you do this? And they're like, absolutely. So, a big shout out to Mike and IT that
helped with the design. And then John did the heavy lifting with all of the content and
putting this together. So, I invite you, you can go to the town website economic
development and right on the top downtown.
Arts and culture. River of Time Museum is now helping the town and economic
development, specifically with the art walks, and starting with the pilot program that
will end later this month but will reconvene in October. And some of you may think
what art walk? So, when I started, I was told we used to have art walks and then
because of COVID, we stopped them. And then so I asked, well, because that was
something that was outside, why did we stop it? And it was because the docents did
not feel safe, so fair enough, but when I started, this was not my biggest priority.
Although you all know I support arts and culture. And so, in brainstorming the last few
months with Sherry, the executive director at the River of Time, she said, well, we can
take it on. And I said, sold. Whatever you want to do with it, you go, girl. So, we're
starting that again. Here's an announcement. It will end later this month. But again,
tune in in October.
We're also partnering again with the Southern Arizona Arts and Culture Alliance on a
photography contest. We had a lot of old photography, but again, want to engage with
our residents and community about what makes Fountain Hill so great. Also expanding
to our partners when they're visiting Fort McDowell Yavapai Nation as well as salt River
Pima to take photos. As of a couple of weeks ago, there have already been over 80
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submissions. So, stay tuned. I'll collaborate with the mayor of where we want to kind of
highlight. We are going to identify a 1st, 2nd, 3rd winner. And then we're also
partnering with the school district on engaging with our youth. I'll also then say too, an
opportunity where we have been forward thinking. But last month when I had my
monthly meeting with GPEC, they are now looking at arts and culture and how do we
compete nationally and globally. There's times I will meet and folks in the community
get it, and then sometimes I get a big eye roll. But I'll say again when one of your target
industries is bioscience, the arts and culture are very important to help with attraction.
And we can talk about that more offline if you want more specifics.
And then just looking ahead in October, it's National Arts and Humanities Month. And
so, we are planning to elevate our arts in that month. And so, it's taking many boxes:
marketing, business retention, et cetera. So, we will be partnering with all of our art
organizations to see what will be happening that month and highlighting and then,
hopefully, build into the fine arts festival that's hosted by the chamber, and then install
another mural. So, stay tuned.
CEDS. That's again our community economic development strategy that was included in
your packets, it's also available online. Not going to go into detail because then we
could spend hours here. But we have 31 strategies. There's 20 in progress and 11 not
started because this is a three-year plan. And again, it is available on the website.
Apartment occupancy rate. So, our average rate is 95 percent. And then John was sort
of teasing me because he knows what I always say. And so, what do I always say?
We've got a supply/demand issue. And then look at the top two are now at 100
percent.
Apartment pipeline. This was added back in January at the request of some
councilmembers and constituents. And so, if you continue to see value, we will share
this again. This is -- I saw a few head nods, so we'll continue to do that. So important
information. This is the pipeline that is built in to and looking at the building permit
process in development services. And so, the first one is waiting for a resubmittal of
their building plans: the Kingstree and Saguaro. This council -- or maybe it was a
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previous council -- did approve an SUP. It has now expired. So, the applicant has been
contacted that they will be required to start the process. There's a couple there waiting
to issue. Some no applications submitted. You'll see Rand and Saguaro is under
construction. Ivory and El Pueblo has been issued. And then we've got an approved site
plan for the last. And so again this is our pipeline. But it's also really important to
know -- it is interesting, this week actually I got a call of didn't the town just recently
approve apartments and when's there going to be a groundbreaking? And so although
at the council level you may approve things, the next step is going through our
development process. So, submitting plans, having the applicant -- so again you may be
saying yes to the applicant. But the applicant now needs to build up the team, so the
contractors, the architects, the engineers. So, this does not happen overnight. And so
hopefully this paints that picture.
Vacancy rate - existing buildings. So again, the first one is just that comparison. And
then always just being forthright and honest, that if you were to go into CoStar, those
are the numbers that's produced. The reason why is, not all of our buildings that are
available are actually using CoStar or actively marketing. This continues, and so I was
able to get a hold of a couple of brokers and some reasons to, they say that they're not
making this investment is they feel -- and it hurts my soul -- is they're like, the town's
never going to change. And so for economic development, I'm hoping we're going to
change and again pointing them to the economic strategy.
That last one is then your economic development team doing legwork to provide more
real numbers. Looking at some of the the vacancies that, again, are not being actively
marketed.
Grant funding. We of course have our AOT Prop 302 funding. We announced that could
expire in fiscal year '26. But we're doing print advertising, partnering with the chamber,
working on our website, and social media. And then we received from the Salt River
Pima Maricopa Indian Community 50,000 for the music fest. And since that happened
in April, we'll tell you more in the fall when we give the fourth quarter update.
As far as marketing, the mayor announced at her State of the Town, we're going to start
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doing a "Naturally" campaign. So, thinking "Naturally Adventurous", "Naturally
Beautiful". We have been partnering and going to different cities and towns in the state
and targeting them and also targeting young professionals and to just see what that
outcome is. Once we have those numbers, we'll present that. And then last month, and
what we're hoping to continue to do, is a monthly economic development newsletter.
Because exciting things are happening, and I hope we can start elevating the exciting
things, not the less fun things.
Here are partnerships. I won't go through all of them. We've been talking about it
throughout. This is our Irish Fest, Greening of the Fountain. A big kudos to the
community services department and our recreation team. The attendants for the Irish
Fest was 10,000, for the Greening of the Fountain was 5,000. And through our
partnership with the Evolve. And so, we've been paying that currently through grant
funding, again, through a couple of residents and business owners that said, hey, you
really want to work with Evolve? That whole weekend we had lots of coverage, and
then you will see our very own team taking a little selfie because they were on camera
doing just some live interviews and taping.
And then also what we started new this year and hope to continue is staff said, hey,
what if we did state 48 Greening of the Fountain limited edition shirts? And I said, why
not? Because you can invest in it. And then we sell and then we recoup the funding.
And so, we started that again this year and we'll continue to do that if it's a success.
We'll evaluate it each year.
Tourism occupancy remains the same. Social media increased by 55 percent. Our
Fountain Hill live feed again for the quarter almost 250,000. And then our Experience
Fountain Hills website 39,000 unique views. And that's an 86 percent increase from the
previous quarter. Some of that again is a lot of the events. And so we'll see and track.
So, it's events -- the fountain, of course, are the most popular.
And then tourism continued. So, this -- again we changed last quarter. There was some
confusion. And so, looking at our Fountain Hills website and the data and the
viewership we receive, what is happening in Arizona is these are the top five cities that
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are coming to the experience Fountain Hills website. And then when you look at top
five national, those are the national city-states looking at us. And then, so what we are
starting to plan to do -- and again as our economic development strategy -- is for
business attraction tourism. A lot of that is in alignment. When you look at Chicago,
Vegas, the San Diego, the California's where people are wanting to migrate to Arizona
for various reasons, so to tap into that.
Madam Mayor, before we open up to questions, I do have to share some bittersweet
news. So last week, John Perez, our economic development specialist, did submit his
resignation. And so why it is bittersweet is since the interview he has been very open
that he has future aspirations, and I will never stand in anyone's way. When I started in
local government, I was a secretary, and then just had the opportunity. So whatever I
can do, if staff says they have future aspirations, I will not get in their way and do
everything I can to help. And so, he will be relocating to Utah and he has accepted an
economic development director position. So, while we are sad to see him go -- his last
day again is April 25th -- extremely excited for him. But some of you sometimes tease
and are like whoa, whoa whoa, there's too much laughter going on. There may be a
little less laughter until we fill the position. So, John, thank you, and congratulations.
Madam Mayor, council, with that any questions?
FRIEDEL: I have a couple of questions and not to put you on the spot. I'm wondering if
at a future briefing of us, you could give us some numbers. And we don't have to
answer these tonight, but I have some questions for you. Can we get an idea of the
brick-and-mortar businesses that are in the town from 2023 to 2024? Get a comparison
as to where we stand with that. And I know our biggest employer is the school district.
Can we get a number of total employees in the town from 2023 to 2024? Get an idea
where we're headed with those numbers? And I'll reach out to you after this and give
you these questions again.
And what's our total capacity? I mean, how many jobs are open in the town? I we can
get that information? And what what are the areas of need? Are they in the restaurant
business? Are they in physical therapy industry? So, we have an idea what we're up
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against, what we're looking for.
And then one final question is, I know we have the FTS, Fine Timepiece Solutions, the
watch guys in the biz hub, and I know we've reached out to them a number of times. Is
there any kind of a follow-up or any information you can give us on where they're going,
what's happening with them?
JACOBS: Madam Mayor, Councilmember Friedel, we'll take all of your notes and then
see when we can bring that back, and if we can bring it sooner. But then also daylight it
to the public. As far as FTS, we've had several site visits and then staff has met with the
president and CEO. They have shared with us they would love to stay in Fountain Hills,
but they have not been shy -- I'm not divulging too much -- to where they may relocate
to Mesa. We're trying to do what we can to stop that. But part of the rationale is too,
that their employees are traveling and driving to Fountain Hills. And so again when I've
shared with you multiple times that employers do right by their employees, if you want
to keep them, especially if they're wonderful, is how to retain them is sometimes they
want to be close to where they live instead of driving 30 to 45 minutes. And so,
Councilmember, we're still working on that. And when we have more news, we'll be
happy to share. But hopefully we can be creative, which we're trying to be
development services and myself to keep them here. And then if I need help, I'll be
asking you all.
MAYOR DICKEY: Vice Mayor?
KALIVIANAKIS: Thank you, Ms. Mayor. Thank you for your thoughtful presentation once
again. It really is bittersweet news about John Perez leaving. I'm kind of unhappy about
that. But I'm happy he's going on to, I guess -- does he play hockey? Is that why he's
going?
JACOBS: He's helping with the deal already. I'm kidding. I'm kidding.
KALIVIANAKIS: But anyway. But thank you for your service, John. You will be missed.
Kind of in line with what Gerry was saying. There's an abacus which wasn't invented in
Greece. Unfortunately, there's businesses opening and there's businesses closing. In
your future reports, could you also report on businesses closing, too? So we can kind of
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get an idea if we're just treading water or if we're gaining business?
JACOBS: So, Madam Mayor, Madam Vice Mayor, I'll say we'll try. Sometimes people go,
like, in the middle of the night. And then what is helpful is we try to get a hold of them
to understand the why. Is there something that we could have done better to improve
the business climate? And so we will certainly try just to manage expectations. And I
know I think I've worked with 20-plus councilmembers, and that's always been an ask.
And sometimes, quite honestly, it's challenging. But we'll try to figure that out. And
also see too with our business license. So, I'm working in collaboration with finance.
Sometimes what happens too, is our businesses may stay here but relocate. But the
business license shows a previous address. And so, we're trying to educate them too
that, again, I'm not psychic. I don't take a psychic pill. We don't know what we don't
know, so to please call. And it's very simple. Our staff can manually do that. There's
nothing they need to do except for call.
KALIVIANAKIS: Okay. Thank you. And then, me and you recently talked about a vision
plan and the downtown strategy, which I think is really important to this town. It's
unfortunate that your workshops aren't being populated by our local residents. That's
where you're going to get the input, and that's where we're going to know what you
guys want to do. It's disappointing because there's some issues in this town that get
such traction and have so many people hot and bothered over them. But then when it
comes to just developing the future, you know, it's an empty room. And that's really
unfortunate.
When I first moved here 24 years ago to Arizona, I moved to Gilbert and their
downtown area was pretty sparse at that time. And now you look here 24 years later,
and it's a really nice place. When it comes to our vision plan and our vision strategy, do
you think it would be beneficial to look at this like the lake liner, like when you just
throw out 20 to $40 million to develop a downtown, I think all of us here are in shock.
We don't want to write a bad check. But maybe we should be allocating funds every
year and then develop the vision plan. So then when we do have something that does
launch, we'll have already allocated the funds. Because without a primary property tax
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and relying on TPT, our funds are short. But we do want to build big things. And we do
want to have an active, vivid downtown as part of our vision plan, as part of our general
plan. And so, I think maybe if we look more in the longer term that might be beneficial
instead of, coming for an ask for like $10 million, which I don't think it's going to happen.
The other thing is, part of your presentation, they seem like business development and
then part seemed more like tourism. Do you need help in your department? Because
like when you were talking about developing where the Vu restaurant used to be, I
know that'd be such a perfect place for a steakhouse or some kind of a restaurant that
we could draw people from Scottsdale and all over our town, something that would be a
regional draw. But then when we talk about contests and sort of -- so I don't know,
maybe you're just wearing too many hats. So that might be something we need to think
about. Yeah, I think I'm good. Thank you.
JACOBS: You're welcome.
FRIEDEL: I have one more comment. You mentioned affordable housing. Last week I
did a little bit of research and presently right now, as of last week, anyway, we had 31
listings under 400,000 in our town, and then we had another 15 that were under
300,000. So, we do have some affordable housing and we -- like your like your one-slide
show -- we have 332 apartments in the Q2. So, we do have some affordability and we
don't have a primary property tax. So that's kind of another selling point and helps
people qualify for a mortgage easier too.
Thank you very much. And thank you, John, for all your work and everything you've
done for Fountain Hills. When you talk about a sense of place, and that's always been
something that's not easy to define, almost like you feel it when it's there. And recently,
especially now with all the events we just had and the restaurants that are down at the
Avenue and elsewhere, you can -- all of a sudden you're like, oh, I have a sense of place
or you have the green fountain and everybody walking around and who's happy and
talking to each other, and there's little kids and there's people like me. But I think that's
what you're achieving, and that's what we're hoping to do, and it's kind of a
combination. You can't, like, build a building and say, okay, we're going to have a sense
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of place. You need what's happening now. And you can't make it happen like that. It
has to sort of be, I guess, organic, if that's the word.
One of the things with the Dark Sky as well and with Bo, I want to give him a lot of credit
because we've had -- we're on TV. We're almost mentioned on TV somehow, every
single day, whether it's Channel 3 showing us every morning. The Dark Sky yesterday,
just random, they come up and say Arizona was the first, the best place to see the dark
skies in the State of Arizona. You know, you would have thought Flagstaff -- and
Flagstaff was on the list, but. So, these things are happening. And I appreciate
everything that you're doing. The music on the Avenue, the music fest these things are
all different. And like, talking about Gilbert. It's the way I feel about here, because, I
mean, seriously, 40 years we are a lot different than we were then.
And one of the the other things I just want to mention real quick was, years and years
ago, I don't think development department and public works department and economic
development did not really work together. It felt like a separate entity. And now I see
so much interaction. I mean, you're doing an economic development presentation, but
you have housing in there. You've got your survey, but we also have a parking survey
going on. So, we have public works. We're talking about the median. So the idea of
knowing that we all know what each other are doing, and I think everybody has a great
vision for what we'd like to see. And it's unfortunate some of the stuff you tell us, it's
hard to hear somebody say, oh, you're never going to change because it's like, holy cow,
we've changed a lot. And but there are some people who don't want us to change. So
those are the kind of things that we always have to keep talking about. But the work
and all of the efforts and the out-of-the -- I hate saying it's out-of-the-box, but the out-
of-the-box thinking that you're doing is really helpful for us. And we want to, as always,
help as we can.
Councilwoman?
MCMAHON: So, thank you very much for your presentation, I appreciate it. I think it's
great that you're combining so many things in it and being so successful. I agree with
the mayor that we have changed. We have changed for the positive and we are moving
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into a vibrant future. Also, how is the online survey going? Strategic online survey?
Can you talk just a little bit about that really quickly and let us know any updates,
please?
JACOBS: Yes. So, Madam Mayor, Councilmember McMahon, we will have a series of
four different surveys. Our first one, we had almost 400 folks respond. And so, we're
diving through and analyzing that data. And again, we have help with Bo, our
development services team. Like, again, economic development is a team sport. You
may see me standing, but all of this is, again, all of our departments working together.
And Madam Mayor, I am happy that you're recognizing that we're all collaborating
together. As I tell Manager Goodwin and then my fellow colleagues, I don't work in a
silo. Like I'm allergic to that. We need to be collaborating and talking so we look good.
And so, the second survey that went out this week is on land use. And so, we'll wait to
share those results as we get them. But that's again where you guys can help and toot
your own horn to say, hey, we're supportive of the downtown. We're supportive of this
strategy. Fill out the the survey. Instead of spending two minutes potentially adding a
negative or complaining comment, use that time to respond to the survey, which takes
maybe two to five minutes, because we truly do want to hear from the community. And
as long as I'm standing here as your economic development director and I have your
support, nothing will be shelved. We will be working on this.
And again, to the vice mayor, we will be showing -- I'm not going to ask for a blank check
of $10 million. We're going to show our priorities, how much it costs, and you guys will
help us come this fall. Put your stamp on it and give us some of that approval. And then
we'll continue to be flexible as we navigate the council retreats and the budget process.
So again, you guys will help and have a say in that.
MAYOR DICKEY: Vice Mayor?
KALIVIANAKIS: Okay.
JACOBS: But if you want to give me a blank check --
KALIVIANAKIS: Just don't --
JACOBS: I won't resist.
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KALIVIANAKIS: Just don't cash it.
JACOBS: Okay, I'll hold on to it.
KALIVIANAKIS: Two more things I'd just like to flesh out a little bit. And this is maybe
me, I just didn't listen closely enough. But when you came to the slide for the office and
commercial space, it seems like we have a lot of vacancy. You seemed a little
disappointed, and I thought you said something to the effect of we need to change.
Could you explain what -- how we need to change?
JACOBS: So, Madam Mayor, Madam Vice Mayor, there wasn't change on that particular
slide. And with that number, it's actually pretty good. And again, you will always have a
vacancy, any community. And again, when we look at other cities and towns in Arizona,
it's not that bad. We're not doing that bad. That is the message.
What I referenced was some of our property owners and brokers are making a decision
to not actively market their building, so whether it's office, a retail, a restaurant. And so
in talking to some of those folks to say, well, why won't you actively market? It's just
like if you have a home and decide to put an A-frame sign, you're depending on
whoever is coming to that subdivision to see. If you're not listing it on MLS, how are you
not going to know? And so, there are some folks that feel, well, Amanda, why should I
actively market? Because the town won't change. We will just continue to have
businesses move around. And I've shared with you that is not economic development.
That is not generating new wealth. Moving around does nothing. If they move around,
relocate, and expand their footprint and the employees, yeah, that's that's economic
development. But there are some feelings that we're not going to change. We will
continue to stay, I don't know, from 2022 or what it is today. But those are some of the
feelings. And I feel I need to share that with you as our council leaders.
KALIVIANAKIS: I really appreciate that.
JACOBS: You're welcome.
KALIVIANAKIS: And then the other thing, as long as we're talking about occupancy and
apartments. On that slide, when you showed that most of the apartments were either
100 percent, 100 percent, 98 percent, 96 percent, 94 percent occupied that's pretty
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much 100 percent occupied because it's people moving in, people moving out. So
you're never going to get 100's down the board. It's always going to be 96 because
they're scheduled to move in a month, and then they're going to move in in two
months. And so, it seems like right now for us to have apartment occupancy, we're
maxed out. Would that be a correct assumption?
[CLERKS NOTE: Councilmember Toth left the dais at 6:53 p.m. and returned at 6:55
p.m.]
JACOBS: So, Madam Mayor, Madam Vice Mayor, that is correct. And then I've been
saying that and shared my own personal story that it was an issue trying to find a place.
But the stars aligned and was able to become a Fountain Hills resident. But there was
two options, and one just was not feasible. Or what you'll get is when I'm saying I need
to move in a couple of weeks, I'm moving my life to Fountain Hills, where someone may
say, well, in April or in June. And it's like, no, I'm going to have to pass that up. Like I
need something now. That is a little bit of a problem is if someone wants to move now
or in the next four weeks, there's slim pickings. Or they're looking elsewhere if they're
wanting an apartment.
KALIVIANAKIS: And the apartment dweller, they just have to pay, like, a first month's
lease and the damage deposit, and then they can move into Fountain Hills as compared
to single-family homes, which, even if it's $400,000 house, you're still going to need a
$20,000 -- and how much of a down payment? I don't do that for a living, but a big
down payment and a big mortgage payment, and to qualify for the home. So it seems
like that apartments would really encourage more people to be here and would
accommodate more businesses, more customers, it just seems to me. And like when
you said that Snowee moved out, but Oka moved in, to me that's just a wash. It's
there's no gain there. But it looks good to say that Oak is going to expand, but we just --
we took a loss, we took a gain. That's what the abacus thing was all about. And so --
JACOBS: Vice Mayor --
KALIVIANAKIS: Yeah.
JACOBS: -- I'll say it didn't become a vacancy where now we're going to have to attract
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someone new. So, if they're adding to their menu, they are providing a service. So, I
don't want to completely discount that. But I understand your point.
KALIVIANAKIS: Yeah. And I just had a friend that was looking for an apartment in
Fountain Hills so I'm intimately aware with the process. Matter of fact, I think I came up
to you and said, where can my friend go? And he was lucky enough to have an opening
in the Park Place, which he moved, but it was like, hey, you just got lucky one opened
up. So again, if you're on the ground out there, apartments are kind of hard to find right
now, especially for our young white-collar professionals that can work and can live here.
JACOBS: Great.
KALIVIANAKIS: Thank you.
JACOBS: Welcome.
MAYOR DICKEY: Gerry.
FRIEDEL: Councilwoman, I have to correct you, though. If they close the ice cream shop
because it's not doing well and they're expanding their restaurant footprint, which is
doing extremely well, they're busy every night there, that's not a loss. That's a big gain
for the town, because every meal they serve, we pick up sales tax revenue from. So, if
you've got an ice cream shop that's sitting there doing nothing, we're not getting
anything anyway. But we will reap the reward of that expanded footprint in that new
expansion at Oka.
KALIVIANAKIS: Again, it's understandable that it would be a wash and there would be
a --
FRIEDEL: It's not a wash.
KALIVIANAKIS: -- that you would get one person leaving, one person coming, and you'd
still get sales tax revenue from that. But you know, Flap Jacks just closed, the Snowee
just closed. Several other people have closed. And I know a few that haven't even been
announced, that are closing soon. So this is something that if we're not keeping track
of, we're not doing our job.
FRIEDEL: I think that's why I asked for those numbers. So, we will keep track of it.
MAYOR DICKEY: Okay. And also, just please people close for a lot of different reasons.
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So, people are moving out of town and such. So, we just have to -- I mean, information
is good no matter what we get. So, and then that's how we know where we want to go.
JACOBS: Yes.
MAYOR DICKEY: Thank you very much. Appreciate it. Our next item is our call to the
public. Do we have speaker cards?
MENDENHALL: Yes, Mayor, we do. We have four. First is Eric Wyckoff. And on deck is
Bobbie Kennamer.
WYCKOFF: First thing I say about developmental services real quickly is, why don't we
just start calling this town what it is? It's the prettiest place in the Valley. Let's just say
that because it is. Okay. We pay for -- I'm Eric Wyckoff, longstanding Fountain Hills
resident for decades now. I've been a law enforcement officer for over 30 years. 22, in
a supervisory capacity, I have all sent you an email with recommendations. Hopefully,
you receive that. Look, we pay for public safety. We're getting public secretaries here
in Fountain Hills. Okay? I wanted to speak about the MCSO contract. Am strongly
recommending pulling funds from MCSO in form of a better solution, crime prevention
through environmental design. Much like we have here with barriers, you guys are
raised barriers. It prevents a person from coming up to the Fountain Hills council and
harming you. We can do the same thing with the town. Okay? Take funds away and
let's build some impressive infrastructure upon entrance into this town. We're talking --
you can have full guard gates, whatever you need, with arches that are impressive, that
keep any never-do-well coming into town going, wow, this is a nice place. I'm nervous
here, okay? I don't want to do bad things in this town, okay? However, if you decide to
play the status quo regarding public safety budgets, and I understand that, that's a
conservative viewpoint. But I will tell you that accepted has been around for decades
and proven to work. It is. I'm not talking about defunding police for other things. I'm
talking about supplementing public safety in an appropriate way and redirecting it from
just the status quo into something that will improve all our property values and also add
security to this town. Okay?
MCSO is a very top heavy and inefficient organization. Here in Fountain Hills is a classic
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bureaucracy, it's designed to enhance salaries of bureaucrats and not particularly offer
the best service to the public. We are paying for public safety and receiving public
secretaries. Per the MCSO website, we have one captain, two lieutenants, eight
sergeants for a total of 11 supervisory staff overseeing just 15 deputies and 2 assistants.
Where have you worked? Where 11 managers oversee just 17 workers, folks? Each one
of those managers making significantly more than the worker bees out there doing the
law enforcement. Okay? I submit to you such a business would be bankrupt in short
order. Okay? For instance, equivalent captain positions in other police organizations
have hundreds of thousands of citizens dealing with violent crime and major quality of
life issues incessantly, that we don't have here in Fountain Hills. Hundreds of officers
are beneath those positions. Yet our captain position here has very low crime levels,
25,000 citizens, and most tellingly, there's just 29 people to supervise. That's it. Thank
you.
KENNAMER: I'm a southern girl, so it's hard for me to talk fast, but I'm going to try to
talk really fast. Good evening. Mayor, Vice Mayor, councilmembers, town manager,
and attorney. Good evening to all of you. I'm here because, like Brenda, I really care
about our future. I've lived in Fountain Hills for five years. Absolutely love it, strong
advocate for it. But I am concerned about our future. It's more about our reputation
than anything. The thing, the topic I wanted to discuss is squatters. I'm very concerned
that my investment's not being protected when I go out of town. And we currently have
a law, as you guys all know, SB 1129, which has been presented to the Senate, it passed
18 to 8, which is awesome. Yay Now it's in the House. Got a couple issues with it.
We're going to have to work through that.
So my concern comes with what are we doing while that's working through there? I was
told by an attorney that I could just put in a trespassing sign, private residence, take a
picture of it, make sure it's date stamped, send it to our local law enforcement, and that
will make it more of a trespassing issue, as opposed to a civil suit where I have to go
through that process. However, when I called our sheriff's department, they don't have
a program like that in place. And I don't think we have a lobbyist any longer in Fountain
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Hills, but you guys, your voices need to be heard. Please continue to speak up for us.
Please enforce our needs, that we need this law passed. Whatever you need to do. I
know that a lot of citizens, residents that I've talked to are more than willing to do
whatever we need to do to help that thing pass. If we need to start calling our senators,
getting lists. I mean, just somebody tell me what we need to do because we'll do
whatever we need to do. I don't know how long it's going to take that law to go
through, but I feel like we're just kind of not being protected right now until that
happens.
I don't know if it's as simple as you, Mayor, calling the sheriff and talking to him about
this. If we have any programs, I don't know if it has to be an ordinance. If it does, that
doesn't make sense because the law's probably going to get passed soon. But we do
need your help. I mean, we definitely need it. And when I say reputation, I'm not as --
I'm worried about the squatters for sure. But I'm also worried about the reputation that
we're going to get because I think we're in like the top 20 most lenient laws for
squatters. So I'm glad that law is going to be passed, hopefully. But we don't want that
reputation out there. If that reputation gets out there, like the developers that you
were just talking about how disappointed you are because we have changed everything,
yet that reputation of us still being the same or being negative is still out there. What if
that happens with squatters? What if people quit moving here or move out because
we're not being protected? We got a real problem if that happens. So that's why I'm
coming before you because we need you. We need you to be our advocate. So I don't
know who I can talk to, but boy, I'm ready. Sign me up because we need to get this
passed. So I appreciate your time.
The other thing is, I applaud the new section 10-215 where you guys are going -- I'm out
of time?
MAYOR DICKEY: I do have a question. What was the bill number?
KENNAMER: 10-215 where people have high weeds. We're going to find them. I love
that. My only thing is, please take a drive down Palisades, because if we're making
residents take care of everything. The Palisades medians are horrible. They need to be
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maintained. They're not making the rotation on a regular basis. There's weeds and
overgrowth and blah, blah, blah, all that stuff --
MAYOR DICKEY: Thank you.
KENNAMER: So help.
MAYOR DICKEY: Did you want a question?
FRIEDEL: No.
MAYOR DICKEY: Thank you.
KENNAMER: Thank you everyone.
MENDENHALL: And then the last two speakers. First is Lori Troller, and then on deck is
Crystal Cavanaugh.
TROLLER: Good evening, Mayor, Council. I need to correct a few things, and I have
three topics tonight, so. This is my cell phone. This is cellular service. This is
broadband. If you stand in a field filled with broadband service, this still isn't going to
work. The ordinance we're talking about is a service for this. So anybody waving their
phone, it's an incorrect statement. Sorry.
Second, councilmembers having difficulty finding articles stating that wired services are
not safe, I share your experience. For the councilmember that cannot find articles that
cite cancer patients and thousands of studies done over the last 20-plus years, you've
not read the email sent to you over two years ago. It is incorrect to infer that there are
no such articles, and the correct statement is, is that you've not read these articles. So
that puts into question the ability to present a well-rounded, informed opinion worth
discussing on the matter. Please inform yourselves.
Third, and finally, to clarify the premise for the update of the ordinance is one of
protecting property values, preserving our natural beauty esthetic, how many times was
that said tonight, and upholding public safety -- also mentioned multiple times tonight --
and trying to keep the prettiest place in town. Thanks.
CAVANAUGH: Good evening, council. April 2nd Councilmember Kalivianakis spoke for
six minutes to push back on ethics complaints filed against her for using personal email
to receive documents from Sandor to keep them out of the public domain. She
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dismissed this as an astroturf campaign that was calling for people to file complaints
early and often to make her look bad. Or could it be that they filed them because they
saw questionable behavior and an overwhelming lack of transparency? Conflicting
statements were made that night. She said, I did not reach out to Sandor, yet she also
said she did this for her constituents, most of whom are Reclaim Our Town. And she
didn't care that Sandor wanted to keep it out of the public domain. She just wanted the
documents. She said constituents from Reclaim Our Town allege Sandor may have lied
or claimed the agreement did not exist. As the chair of that PAC, we did not allege this,
nor did we ask her to obtain anything for us. It was her own statements at the January
17th meeting that triggered a February FOIA search for this parking agreement that she
referenced. She said she respected the chain of leadership to obtain these documents,
that she did not reach out, but that she had the chain reach out to Sandor. She wrongly
implied the town attorney and town manager obtained the documents or were involved
in giving permission to receive them through personal email. Documents that were
never reported or turned over to the town, or to any of the other councilmembers. The
statements seemed to be manipulated to confuse the truth.
The FOIA public records search turned up nothing about a parking agreement. A follow-
up email was sent to the town clerk about the developer correspondence with Brenda,
only then was this January 16th personal email with documents disclosed. The FOIA
information was received from the town on March 18th. Coincidentally, this happened
one day before the Skillicorn sanctions on March 19th. Those sanctions seem a bit
unfair now, don't they? Since there was indeed outside communication and a
document exchange that occurred but were not revealed to the public, the town, or the
council. January 17th might have been an important time to clearly reveal that she had
received documents through personal email when Skillicorn asked the question. The
appearance of deception could have been easily avoided, especially since she'd already
stated to John Wesley that night, I have a copy of the parking agreement that was
signed by Target, and I can substantially identify that as an authentic document. There
was no mention of how this was obtained, no verification if it even existed, the town
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was not aware of it, and no one on this council had viewed a single page of it before the
vote.
We know that personal email can be used, however, in this case it was used for the
specific purpose of keeping documents out of the public domain only one day before
the Target rezone vote took place. That's why the complaints were filed.
KALIVIANAKIS: Yeah. Just like Lori Troller accused us of not reading the information
that she sent us. I don't think Crystal's been reading the Fountain Hills Times because
this has been addressed. It's been answered. We have currently an ethics investigation
over me, and I will just wait for the results because I'm very confident that I did nothing
wrong. The developer sent me an email and said, I want to keep these out of the public
domain, which I had no obligation to respect. Even though ROT didn't request those
documents, many of the people that belong to ROT and the ROT friends. They --
actually they did, Crystal. Because I have their names. And so -- anyway, all I'm saying
is, is that I did my homework, which anybody on this council could have done to get the
parking agreement that everybody said didn't exist, and it did. The agreement was sent
to me because I requested it and I didn't request it myself, actually. Amanda Jacobs did.
And so everything was done correctly, properly. The attorney will take a look at it. If
they say I violated the ethics code, I will make a public apology. If not, well, I don't
expect that apology to be coming. So thank you.
MAYOR DICKEY: Thank you. Our next item is our consent agenda. Can I get a motion,
please?
GRZYBOWSKI: Move to approve.
TOTH: Second.
MAYOR DICKEY: Roll call, please?
MENDENHALL: Councilmember Toth?
TOTH: Aye.
MENDENHALL: Councilmember Friedel?
FRIEDEL: Aye.
MENDENHALL: Councilmember Skillicorn?
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SKILLICORN: Aye.
MENDENHALL: Councilmember Grzybowski?
GRZYBOWSKI: Aye.
MENDENHALL: Councilmember McMahon?
MCMAHON: Aye.
MENDENHALL: Vice Mayor Kalivianakis?
KALIVIANAKIS: Aye.
MENDENHALL: Mayor Dickey?
MAYOR DICKEY: Aye. Thank you. Our first item is approval of recommendations of
appointment of members to the town's boards, commissions, and committees. The
recommendations that have been forwarded to me, that I will bring up to you for vote,
are for the strategic planning advisory commission to appoint Paul Smith for the May
1st, 2024 to 4/30/2027. And then the following reappointments of Rick Watts and Peter
Gray to P&Z, which are both full terms to 4/30/2027. And community services, also
reappointments, Carey Reddick and Stephen Barnes for full terms, also for the
4/30/2027. We thank the subcommittees appointing and we thank the applicants and
congratulate those who were named.
Can I please get a motion?
MCMAHON: Move to approve the council subcommittees' recommendations for the
appointment of members to the town's, boards, commissions, and committees as
presented.
KALIVIANAKIS: I second.
MAYOR DICKEY: Thank you. Roll call, please?
MENDENHALL: Councilmember Friedel?
FRIEDEL: Aye.
MENDENHALL: Councilmember Skillicorn?
SKILLICORN: Aye.
MENDENHALL: Councilmember Grzybowski?
GRZYBOWSKI: Aye.
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MENDENHALL: Councilmember McMahon?
MCMAHON: Aye.
MENDENHALL: Councilmember Toth?
TOTH: Aye.
MENDENHALL: Vice Mayor Kalivianakis?
KALIVIANAKIS: Aye.
MENDENHALL: Mayor Dickey?
MAYOR DICKEY: Aye. Thank you. Our next item is a consideration of approving a
Fountain Hills diversity, equity, and inclusion policy. I'll let Aaron start, and then I will
take it from there.
ARNSON: Sure. Mayor, council, I'll keep my introduction brief. Tonight, as the mayor
stated, for the council's consideration and for possible action, is approval of a diversity,
equity, and inclusion policy that was introduced at the request of Councilman Skillicorn
and with the support of Councilwoman Toth and Councilman Friedel.
This is a council-driven policy item. We've provided some staff information for the
council's direction and to advise you in considering whether to approve or not this
policy. And we are available to answer questions as we're able to answer them.
MAYOR DICKEY: Thank you very much. So as always, we will start with our comments.
We've got comments cards here. Linda, you can kind of summarize those for us and
then we'll take public comments.
MENDENHALL: Yes. In your packet you received comments. You have 48 against and 2
for. And then we do have public comment. And you want to go ahead and move
forward with the comments? Okay. We have four speaking on this item as well. First is
Pam Cap and on deck is Faryl Palles.
CAP: Good evening council. My name is Pam Cap, eight-year resident. I'd like to ask the
town clerk, Linda Mendenhall, if it's possible to amend tonight's agenda to reflect the
true meaning of Councilmember Skillicorn's policy. This is not a DEI policy; this is an
anti-DEO policy. Anti-diversity, anti-equity, anti-inclusion policy. The agenda should
reflect Skillicorn's true intent. This plagiarized policy is a far right, ultra conservative
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talking point. It has no business here in Fountain Hills. Our community already is in
compliance with state and federal laws. So to see this pop up on the agenda was
surprising. It was very clear Skillicorn was trying to pull a fast one. Why is he bringing
this up when there is no need for such a policy, especially since our road problem still
hasn't been addressed like he promised, he can't even be bothered to attend meetings
that discuss our budget and road improvement plans. He spends more time at the
Capitol on national issues than actually issues that impact Fountain Hills. Fountain Hills
is the epitome of the American dream. For my family, it was paradise. That's until
Councilmember Skillicorn was elected and unleashed upon Fountain Hills. For us, it's no
longer sitting back and enjoying our home, our community. Now it's about keeping an
eye on what tricks and what chaos Skillicorn will try to start. This policy is a perfect
example. This discrimination policy not only violates our Constitution, but it goes
against the vision of Fountain Hills, which states you will champion the diversity and
experiences our residents bring to our community and rely on this depth of experience
to innovatively address our challenges. Councilmember Skillicorn implies DEI is about
providing special dispensation for marginalized groups, giving them special privileges
white straight men don't get. That is a lie. DEI is about leveling the playing field,
providing the same opportunities for everyone, and that is what this policy is against.
Councilmember Skillicorn has made his hatred for towards the LGBTQ community
perfectly clear. But now under this policy, all minority groups will be impacted.
Proclamations like tonight for the Women's Club will no longer be allowed. So no more
Black History Month, no more Irish Heritage Month. It will be unlawful to celebrate our
ethnic and racial heritage. It will also be unlawful for our elected officials to say racism
is bad. I ask Councilmember Skillicorn, what is wrong with saying racism is bad? When
is it ever good? This policy goes against every good thing about Fountain Hills. Please
reject it.
MENDENHALL: Faryl Palles, are you here?
UNIDENTIFIED SPEAKER: No, she's not here tonight.
MENDENHALL: Okay. So we'll move on. Clayton Corey. And then on deck is Austin
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VanDerHeyden.
COREY: Good evening, council. My name is Clayton, resident of Fountain Hills. I've
spent years promoting diversity inclusion through the diversity council with my
employer. And I want to express my concerns regarding the proposed policy that
undermines our town's commitment to diversity, equity, and inclusion. I believe the
policy risks setting us back, widening disparities, and limiting our community's potential.
By reducing the tools that we have today to address systemic inequalities, we risk
compromising our future and the cohesion that makes Fountain Hills strong. Now an
effective DEI policy should actively include all community members, people of color,
LGBTQ+, those with disabilities, neurodiverse people, women, veterans, religious
minorities, all age groups, and socio and economic backgrounds. Now, as we heard a
minute ago, and I agree, inclusion enhances creativity, decision-making, and overall
community well-being. When staff can bring their authentic selves to work, that's when
the magic happens. And I truly believe that this is not just the right thing to do morally,
it's strategically an advantage. A good DEI policy can attract businesses and residents,
reinforcing our economic stability. So I urge you to see the broader benefits of a robust,
a true DEI policy. Let's not shut the doors on our own people. Instead, let's be a
community that thrives and embraces everyone. Thank you.
VANDERHEYDEN: Austin VanDerHeyden, Goldwater Institute. Mayor and council,
unelected bureaucrats use diversity, equity, and inclusion requirements to control
power behind the scenes and enforce a dangerous and divisive ideology on city councils,
employees, and residents. This can come in the form of diversity departments that
monitor employee speech, political litmus tests that govern whether a candidate will be
hired or an employee promoted, or procurement processes that award contracts on the
basis of politics and race, all funded by taxpayer dollars. Unfortunately, Arizona cities
are not immune from such discriminatory practices. For example, maybe you've heard
of the town of Gilbert. They created the Office of Digital Government, a
communications department that controlled all government communications online,
mandated diversity trainings for employees, and even tracked what government
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employees say on social media, pushing politics on citizens and silencing individuals who
do not conform to the department's political agenda. Again, all of this occurred
unbeknownst to taxpayers. If this current council does not intend to implement DEI
policies or create a department like in Gilbert, that's great, then this ordinance will have
absolutely no negative impact on how the town operates. This is about making sure
that future councils, or future employees of the town, cannot bring these policies into
Fountain Hills. Ten years ago, this would have been unimaginable in Gilbert, what's
happening now. But the new hires there are mandated to take an unconscious bias
training, and their town employees openly discuss how, quote, DEI needs to be shoved
down other employees throats. This ordinance would prevent this type of activity and
behavior from ever coming into Fountain Hills. It also makes it clear that discrimination
based on skin color is not something that this town believes in. Unfortunately, there's
many cities across Arizona that openly embrace these racist and dangerous ideologies
and policies, and Fountain Hills has an opportunity to set the tone and reject
discrimination based on race or political ideology. Passing this ordinance today makes
sure that Fountain Hills is free from discrimination, not just now but for the foreseeable
future as well. The reality is, is that these DEI policies are being pushed at every level of
government, and it's only a matter of time before it makes its way to Fountain Hills.
This ordinance would make sure that it never has the chance to see the light of day.
Fountain Hills is a town known for respecting everyone, for being inclusive to all, and I
think it's important that you, as a council, set the standard for the people you represent.
Thank you.
MENDENHALL: Mayor, that's it for public comment.
MAYOR DICKEY: Councilmember Toth?
TOTH: Thank you. I have to say, I'm very puzzled by some of the feedback we've heard.
This doesn't outlaw saying racism is bad or doesn't say we have to only hire a certain
type of person. This is talking about a merit-based employment policy and actually
specifically says not to discriminate based off of race, ethnicity, gender, et cetera. I
won't dive too far into it, but I just think that maybe we had a severe misunderstanding
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for what this is about. I will add, however, it looks as though the state legislature is
currently working on something that would affect this policy should we pass it. Because
of that, I would rather not have to bring it back and change it. So I'd be open to possibly
tabling this for now and bringing it back once we know the fate of the state legislature
bill. I trust our state legislature to do their job. But that's because I believe in
meritocracy. I believe we live in a wonderful town that doesn't discriminate against
people, and I don't think that's anyone's intention. Or something that's happened
before as a Goldwater Institute, and I want to thank you for coming tonight, pointed out
this is simply to protect for the sake of the future. We currently don't have anything in
the books. It's best to have something in the books. And this is, again, ensuring a level
playing field and that the best candidate for the job gets the job. Whether you're
whatever you may be, I don't want to list examples. But my point being this, I think
there was a very big misunderstanding here.
MAYOR DICKEY: Vice Mayor?
KALIVIANAKIS: Thank you, Ms. Mayor. Yeah, I would like to. I don't believe a motion to
table this at this point would be appropriate because there's no urgency to the issue. So
what I'd like to do instead is do just a motion to continue. Because what Hannah said is
true. This is being addressed in the State House, and I think we should wait for guidance
in the State House before we address this as a council. And so I'd hope to get a second
to my motion to continue.
TOTH: I'll second that.
MAYOR DICKEY: Thank you, Hannah.
MAYOR DICKEY: A motion to continue to an indefinite time is not -- can be debated, but
just the motion to continue, not the item. So if anybody has anything they'd like to say
about the motion to continue. That's all you can do right now. So Councilman Skillicorn
was on there first. He's on the bottom. Yeah.
SKILLICORN: Thank you, Madam Mayor. If we're not going to debate the item. I do
want to point out something that is a little inaccurate. The state legislature is not going
to be moving on anything like this this year. Effectively, we're in a deadlock with the
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current governor vetoing anything of substance. So I'm going to vote no to a motion to
continue. I think it's inappropriate. I think we should get a roll call where we want to be
on this bill or rather, this this ordinance here. I think it's important. I think some of the
things that we've heard --
KALIVIANAKIS: Point of order.
SKILLICORN: -- Comments are inaccurate.
MAYOR DICKEY: He's addressing whether we continue it or not.
KALIVIANAKIS: Okay.
MAYOR DICKEY: And I'll --
SKILLICORN: And I'll conclude my comments on that. Just you know, I think --
MAYOR DICKEY: Just on --
SKILLICORN: -- depends on how the motion goes to continue. If it fails, I'll make a
motion to pass.
MAYOR DICKEY: Councilwoman?
MCMAHON: Aaron, motion to table, what's the effect of that?
ARNSON: Well, Mayor and Councilwoman, I think we have a motion to continue, which
is slightly different under the rules. But the effect of the motion to continue is to simply
that; consider the item at some point in the future. And it sounds like pending
legislative action on this matter.
MCMAHON: And what's a motion to table?
ARNSON: Technically, a motion to table is temporarily setting something aside for
something of greater urgency to come before the public body for consideration. So I
know we use them interchangeably, but our rules do distinguish between.
MCMAHON: Okay. Thank you.
ARNSON: Yeah.
MAYOR DICKEY: There's a motion to continue to an indefinite date or nonspecific date.
And there is a second. And if there's no further discussion on that item, then can we
have a roll call, please?
MENDENHALL: Councilmember Skillicorn?
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SKILLICORN: No.
MENDENHALL: Councilmember Grzybowski?
GRZYBOWSKI: Aye.
MENDENHALL: Councilmember McMahon?
MCMAHON: Aye.
MENDENHALL: Councilmember Toth?
MCMAHON: Aye.
MENDENHALL: Councilmember Friedel?
FRIEDEL: Aye.
MENDENHALL: Vice Mayor Kalivianakis?
KALIVIANAKIS: Aye.
MENDENHALL: Mayor Dickey?
MAYOR DICKEY: Aye. Thank you. Our next item is relating to lighting. Rachael or
David?
GOODWIN: Yes. I think we're going to have our town engineer, David Janover, give us
our presentation tonight.
JANOVER: Yes. Good evening, Mayor, and council. Good to be here. So our
procurement section of our town code allows for the town to enter into agreements
with vendors who have been awarded contracts with other governmental agencies for
materials and services, as long as that contract contains cooperative use language. So
the Region 14 Education Service Center, in cooperation with the National Cooperative
Purchasing Alliance, competitively solicited bids for electrical equipment, bulbs, and
other related services and materials, and awarded that contract to Voss Electric. Now,
Voss Electric has agreed to extend this competitive pricing to the Town of Fountain Hills.
So by approving the cooperative purchasing agreement this evening with Voss Electric,
this will allow the town to purchase materials that are needed for capital project F4043
the community center interior lighting upgrade. Now, the community center's existing
interior lighting is original to the building. It's showing its age with cracked and
discolored lenses, out-of-date fixtures which need repair frequently, and in fact, any
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future failure of the control system that's in there would be difficult -- very difficult to
repair because the equipment is essentially obsolete. So with that, this capital project is
going to upgrade the lighting control system control panels in the building. And that
work is going to be completed by some specialty contractors.
However, we'll also be upgrading the old fluorescent lighting in the ballrooms to LED
and in fact, upgrading really throughout the entire facility, everything to LED fixtures
and bulbs, and that includes the lobby egress lighting and exit lighting. So staff is going
to be able to control the brightness of the ballroom and the lobby lights, as they will
now be dimmable. So that's gonna be kind of cool. The LED bulb upgrade is going to be
installed by our in-house staff, our facility staff. So that's going to save us money on the
installation. LED lights, of course, as everyone knows, they're very energy efficient,
roughly 50 percent less costly to operate than our current fluorescent bulbs. And they
last about eight times longer, so there's less maintenance that is going to be involved
and required for the LED bulbs.
So with that, staff is excited to kick this project off. We're presently respectfully
requesting council to approve the cooperative purchasing agreement before you tonight
with Voss Electric. And that will allow, again, staff to purchase the necessary materials
at a competitive pricing. If there are any questions, I'll be more than happy to do my
best to address them. And I also have our facility manager, Steve Bartlett, here to
answer any technical questions about the project. Thanks.
MAYOR DICKEY: Do we have any speaker cards on this?
MENDENHALL: Mayor, we don't have anyone who wishes to speak on it, but we do
have someone who submitted a written comment and that they're for this item and it's
in your packet.
MAYOR DICKEY: Councilwoman?
MCMAHON: I was just going to make a motion to approve.
TOTH: Second.
MAYOR DICKEY: There you go. Is there any further discussion? Councilman?
SKILLICORN: Thank you, Madam Mayor. I would kind of -- Engineer, I'm kind of curious
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of what is the pertinent need to replace these? I mean, I go into community center, I
think the lights look just fine. Is it going to enhance the -- are we're going to have more
people come there? Are we going to be able to rent it out to more clients? I mean,
what -- I mean, what is the the rush to spend over $100,000 on this?
JANOVER: Mayor, Councilman Skillicorn, great question. And I could probably have our
Town Manager Goodwin, who is very, very much in tune with the needs and of the
community center address that. But at this time, the ballasts and the fixtures are so old
that they require frequent maintenance. And if something does happen with our
lighting control system, it's essentially obsolete. So we're just kind of right now playing
Russian roulette until something happens. And we'd rather be more proactive and take
care of that. And in fact, it's not really being proactive. It really is a need. This is a
need, not a want. We have so many groups that are using the facility and so many
citizens that are there, and they they really do deserve to have a really good lighting
system.
SKILLICORN: Madam Mayor, may I follow up? So my question really is, is, again, what is
the, you know, the actual need? Is the likelihood that these light, all the lights are going
to fail in a few? I mean, just because it's obsolete doesn't mean it may not work for a
year or two years or three years or five years. You know, what is the likelihood that
we'll have some catastrophic thing where it's more than just replacing a light bulb?
JANOVER: Mayor, Councilmember, it's hard to say how much longer we have with that
system. Again, it's obsolete. We cannot find the control panels that we currently have,
they're no longer available at this time. So --
MAYOR DICKEY: Manager Goodwin, would you like to step in a little bit?
GOODWIN: That'd be great. You did, you explained it very well, so thank you. Dave. I
think what is being overlooked is the idea that it's the control panel. So it's not just a
light bulb or two or a panel. If that goes down, everything goes down. So it's not so
much will we get more business? It's we will have to cancel business. We will have to
have to take extraordinary measures to get someone in there to get it replaced and
handled. So best practice tells us do it now and when we have already exceeded the
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lifespan. Just like we wouldn't wait for the air conditioner to go out in July to go, oh
yeah, that thing's on its last legs, I guess, we'll see what happens. We want to be
proactive so that our services and our programs and whatnot are maintained. So it's
just, it's beyond its life expectancy at this point. Does that help answer your question?
SKILLICORN: Madam Mayor, well, I mean, so really it comes down to a control panel. I
mean, the panels themselves don't go bad. I mean, is there a specific component we're
worried about that is near the end of its lifespan; it's about to fail. As my thoughts on
control panels, I mean, like, we've got contractors, we've got other things in there. I
mean, yeah, they have a lifespan. That's definitely true. But I just -- I was kind of
questioning, that's a pretty big price tag for a system that's working, its operational.
Unless we're having to constantly find replacement parts or something like that. And
frankly, I find it hard to believe that most of these parts are that hard to find. I mean,
you can open up a Westco catalogue and probably find them.
MAYOR DICKEY: Councilwoman?
GRZYBOWSKI: Did you want to follow-up on that?
MAYOR DICKEY: Yeah. Councilwoman?
GRZYBOWSKI: One of the things that I foresee is a savings for electricity. Once you
switch these things, the savings can be significant. So I just wanted to point that out
because it hasn't been brought up yet. Thank you.
MAYOR DICKEY: We have a motion and a second. Is there any further discussion? Roll
call, please?
MENDENHALL: Councilmember Grzybowski?
GRZYBOWSKI: Aye.
MENDENHALL: Councilmember McMahon?
MCMAHON: Aye.
MENDENHALL: Councilmember Toth?
TOTH: Aye.
MENDENHALL: Councilmember Friedel?
FRIEDEL: Aye.
TOWN OF FOUNTAIN HILLS
APRIL 16, 2024 TOWN COUNCIL MEETING MINUTES
Page 54 of 55
MENDENHALL: Councilmember Skillicorn?
SKILLICORN: No.
MENDENHALL: Vice Mayor Kalivianakis?
KALIVIANAKIS: Let there be light. Yes.
MENDENHALL: Mayor Dickey?
MAYOR DICKEY: Aye. Thank you. Our next item is our legislative agenda bulletin. They
are only meeting once a week now, Wednesdays. So last week, on Wednesday, they
were supposed to Cal the 2720, which is the ADU bill that everybody is a little worried
about. But they didn't do it. So I'm assuming it's tomorrow, but I'm not sure. It's
always good though when you see something get postponed from cal. We did send a
letter to senators before last Wednesday -- to all the senators on the floor, because
that's what it was. And that's the one where you can put a lot of extra AD -- like I say,
ADU, now I'm forgetting what they are, but they're like little buildings on your property.
But there aren't any limits that we would probably agree with, as far as lots and how
many.
And so there is another one, a good one, that passed, believe it or not. Like I'm trying to
find it, but it was -- it was one -- it was kind of similar where we're trying to work with
those folks. And it actually came to a compromise and it was signed. I don't know why I
can't find it right now.
FRIEDEL: Would that be 2297.
MAYOR DICKEY: 2297, yep, I wrote the word good next to it. And then the finance
committee met. They were expecting a -- this is all relative -- a $2.2 billion shortfall, but
now it's projected to be 1.8 billion. So it's 400 million less for now anyway. But you
know how that goes. I wanted to ask -- well, we would need to check into the bill that
the speaker asked about, because I don't know what that one is, and we can see if that's
passed or I don't think it did from what she said. So we'll check that out. And then the
last thing would be if, for me anyway, if you have anything that you want the League to
look at -- a proposal, like we did last year if there's something. Like, we did short-term
rentals and such last year and the year before and the year before, if there's anything
TOWN OF FOUNTAIN HILLS
APRIL 16, 2024 TOWN COUNCIL MEETING MINUTES
Page 55 of 55
like that, I think those meetings are starting pretty quick. And we've got several
members on policy committees that can help advocate for our stuff. So if you have
anything send it ASAP. Have to probably send it to Rachael. But yeah, that'd be great.
Are there any other bills or anything else that you wanted to discuss? So they're good?
Okay. So our other item again, is to -- any other discussion, direction to town manager
from speakers or such. So I think that bill would be one of them. Is there anything else
that anybody mentioned? I don't think so. To follow up on.
And then any future agenda items? Vice Mayor?
KALIVIANAKIS: Yeah. And actually, this does dovetail with one of the speakers tonight.
But if we could get some kind of an enhanced squatting rule? Some would have to look
into with law enforcement, with our attorneys, but I see this happening all over the
country that people are squatting in homes, and they can't get them out, and they
destroy the homes. And if there's anything that we can do. I don't know if an ordinance
would be enough to keep squatters from this. I don't know how big the issue is, but if
our staff could research that, and if there's a possibility that we can toughen up
squatting rules in this town, I think that would be very sound.
GOODWIN: Sure. I pulled up quickly the bill that was mentioned and just through quick
read, it looks like if this were to pass, that would be exactly what you're talking about.
But we can certainly do additional measures to make sure that we have the strongest
language in place that we can do too. So we'll certainly do that.
KALIVIANAKIS: Thank you.
GOODWIN: Thank you.
MAYOR DICKEY: Okay. Great. Any other items or questions about anything? Thank
you. We are adjourned.
Having no further business, Mayor Ginny Dickey adjourned the Regular Meeting
of the Fountain Hills Town Council held on April 16, 2024, at 7:41 p.m.
TOWN OF FOUNTAIN HILLS
_______________________
Ginny Dickey, Mayor
ATTEST AND PREPARED BY:
__________________________
Linda G. Mendenhall, Town Clerk
CERTIFICATION
I hereby certify that the foregoing minutes are a true and correct copy of the
minutes of the Regular Meeting held by the Town Council of Fountain Hills in the
Town Hall Council Chambers on the 16th day of April 2024. I further certify that
the meeting was duly called and that a quorum was present.
DATED this 4th Day of June 2024.
_____________________________
Linda G. Mendenhall, Town Clerk
ITEM 8. B.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 06/04/2024 Meeting Type: Town Council Regular Meeting
Agenda Type: Consent Submitting Department: Court
Prepared by: Joanna Elliott, Court Administrator
Staff Contact Information: Joanna Elliott, Court Administrator
Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION AND POSSIBLE
ACTION: Approval of Resolution 2024-24 for an Intergovernmental Agreement with the Maricopa
County Justice Court to provide video appearance services for the Fountain Hills Municipal Court.
Staff Summary (background)
Since 2016, the Maricopa County Justice Court has been facilitating video appearance court for the
Fountain Hills Municipal Court. This service allows defendants held in custody in downtown Phoenix
to appear remotely for their first appearance in front of the judge, using Microsoft Teams. Once the
defendant has been seen by the judge, our staff emails the necessary documents to be signed by the
defendant. The staff at the jail obtains the defendant's signature and emails it back to our staff,
providing a secure way for both the defendant to be seen without being transported by MCSO and the
exchange of documents between court staff and the defendant by Maricopa County staff. Costs for
services are not to exceed $3,000 annually.
Related Ordinance, Policy or Guiding Principle
A.R.S. § 11-952
Risk Analysis
These services create a vital link for prompt and efficient judiciary services. Without video services, the
process would be slowed significantly, and services from MCSO and other associated agencies would
be needed for transport, monitoring, etc.
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
The Judge and Court Administrator recommend adopting this resolution to continue business with the
video appearance court.
SUGGESTED MOTION
MOVE to adopt Resolution 2024-24, as presented.
Fiscal Impact
Fiscal Impact:3000.00
Budget Reference:
Funding Source:Court Enhancement Fund
If Multiple Funds utilized, list here:
Budgeted: if No, attach Budget Adjustment Form:
Attachments
Resolution 2024-24
IGA vac
COST CHART
Form Review
Inbox Reviewed By Date
Court Administrator (Originator)Linda Mendenhall 04/30/2024 03:42 PM
Town Attorney Aaron D. Arnson 05/01/2024 05:53 AM
Town Manager Rachael Goodwin 05/28/2024 07:25 AM
Form Started By: Joanna Elliott Started On: 04/24/2024 09:46 AM
Final Approval Date: 05/28/2024
RESOLUTION NO. 2024-24
A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF
FOUNTAIN HILLS, MARICOPA COUNTY, ARIZONA, APPROVING
AN INTERGOVERNMENTAL AGREEMENT WITH MARICOPA
COUNTY (AND THE MARICOPA COUNTY SHERRIF’S OFFICE), BY
AND THROUGH THE MARICOPA COUNTY JUSTICE COURT
(“JUSTICE COURTS” OR “MCJC”).
WHEREAS, Maricopa County Justice Court (MCJC) Administration is the
administrative department within Maricopa County currently reporting to, and providing
administrative support to, all of the justice courts located throughout Maricopa County;
and
WHEREAS, Maricopa County provides funding and other resources, so that MCJC
Administration can staff and operate a Video Appearance Center (VAC) located inside
the Intake, Transfer, and Release Jail (also called the “Watkins Jail”) at 3333 Watkins
St, Phoenix, AZ 85009; and
WHEREAS, this IGA formalizes and updates the existing arrangements that have been
in place since 2016 regarding utilization of Justice Court personnel and the Maricopa
County Justice Court Video Appearance Center; and
WHEREAS, the Town of Fountain Hills Municipal Court uses said services in the
course of operations.
BE IT RESOLVED BY THE MAYOR AND TOWN COUNCIL OF THE
TOWN OF FOUNTAIN HILLS as follows:
SECTION 1. That the Town, through its Mayor and Council, hereby approves the
Intergovernmental Agreement (the "Agreement"), in substantially the form
attached hereto as Exhibit A.
SECTION 2. Pursuant to the terms of the Agreement, the Town hereby authorizes the
expenditure of $3,000 per year, and a cumulative total of not more than
$3,000 and XX/100 ($3,000).
SECTION 3. The Mayor, the Town Manager, the Town Clerk and the Town Attorney
are hereby authorized and directed to cause the execution of the Agreement
and to take all steps necessary to carry out the purpose and intent of this
Resolution.
[Signatures on following page]
PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain
Hills, Maricopa County, Arizona, this ____day of ___, 2024.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
____________________________ __________________________
Ginny Dickey, Mayor Linda Mendenhall, Town Clerk
REVIEWED BY: APPROVED AS TO FORM:
_______________________________ _____________________________
Rachael Goodwin, Town Manager Aaron D. Arnson, Town Attorney
INTERGOVERNMENTAL AGREEMENT BETWEEN
MARICOPA COUNTY THROUGH THE
MARICOPA COUNTY JUSTICE COURTS
[AND MARICOPA COUNTY SHERIFF’S OFFICE] AND THE TOWN OF FOUNTAIN HILLS
REGARDING OPERATION AND SHARED USE OF
THE MARICOPA COUNTY JUSTICE COURT VIDEO APPEARANCE CENTER
C-##-##-###-X-00
This INTERGOVERNMENTAL AGREEMENT (IGA) is entered into by and between MARICOPA
COUNTY, a political subdivision of the State of Arizona, on behalf of the MARICOPA COUNTY JUSTICE
COURTS (“Justice Courts”) and the Town of Fountain Hills, an Arizona municipal corporation, (“entity”)
collectively referred to as the “Parties.” Under A.R.S. § 11-952, which authorizes public agencies to enter
into Intergovernmental Agreements, the Parties enter into this IGA regarding operation and shared use of
the Maricopa County Justice Court Video Appearance center.
1. INTRODUCTION
Arizona law, ARS 11-951, et. seq. authorizes the various political subdivisions of the State to enter into
agreements for the purpose of providing for the joint exercise of their respective governmental powers
for the public benefit.
Maricopa County Justice Court (MCJC) Administration is the administrative department within Maricopa
County currently reporting to, and providing administrative support to, all of the justice courts located
throughout Maricopa County.
Maricopa County provides funding and other resources, so that MCJC Administration can staff and
operate a Video Appearance Center (VAC) located inside the Intake, Transfer, and Release Jail (also
called the Watkins Jail) – 3333 Watkins St, Phoenix AZ 85009.
It Is the Intent and desire of the parties to continue to provide for the common administration and
operation of the VAC to the greatest extent possible under the laws of the State of Arizona.
This IGA formalizes and updates the existing arrangements that have been in place since 2016 regarding
utilization of Justice Court personnel.
Therefore, in consideration of the mutual promises and obligations set forth in this IGA, the parties
enter into this agreement as detailed below.
2. TERM
The initial term of this agreement shall be for 1 year with three (3) annual automatic renewals unless
sooner terminated by either party pursuant to the provisions of this agreement.
This agreement shall be automatically renewed and extended for subsequent additional one-year terms,
unless previously terminated by either party.
In recognition of and deference to the budgeting needs and obligations of the parties, any party wishing
to terminate the provisions of this agreement shall provide a written notice by certified mail to the other
not later than the last business day of January of the calendar year in which such termination shall take
effect. No such termination shall take effect until the first day of July following the provision of such
notice.
3. RESPONSIBILITIES OF THE TOWN OF FOUNTAIN HILLS
In consideration of the services provided by Maricopa County, each fiscal year the Town of Fountain Hills
will reimburse MCJC Administration for total salaries and employee related expenses for the MCJC VAC
court staff proportional to the total IAHs for the year between the Justice court and the municipal court
as detailed in exhibit A. Payment shall be made no later than the last day of each July for the previous
fiscal year.
The Parties agree:
1. There are no amounts due Maricopa County for previous use of the Video Appearance Center.
2. Each Party (as "indemnitor") agrees to indemnify, defend, and hold harmless the other Party (as
"indemnitee") from and against any and all claims, losses, liability, costs, or expenses (including
reasonable attorney's fees) (hereinafter collectively referred to as "claims") arising out of the negligent
performance of this IGA, but only to the extent that such claims which result in vicarious/derivative liability
to the indemnitee are caused by the act, omission, negligence, misconduct, or other fault of the
indemnitor, its officers, officials, agents, employees, or volunteers.
3. This Agreement is not intended to constitute, create, give rise to, or otherwise recognize a joint venture
agreement, partnership or other formal business association or organization of any kind, and the right and
obligations of the Parties shall be only those expressly set forth in this Agreement. Separate Identities of
the two Individual courts are to be retained. This agreement is intended to eliminate or mitigate the
application of court personnel and facilities and to provide for the use of the MCJC VAC for the
coordination of all Initial Arraignment Hearings (IAH) that will be conducted at the MCJC VAC. In all
instances where the MCJC VAC is used by the municipality, however, the municipality is responsible for
paying the expense of the judicial staff assigned to the MCJC VAC.
4. Parties acknowledge that under this IGA no employee or participant of the Town of Fountain Hills
is to be considered a County employee, and that no rights of County merit, County retirement, or County
personnel rules shall accrue to such individual. The Town of Fountain Hills shall have total responsibility
for all salaries, wages, bonuses, retirement, withholdings, workman's compensation, occupational disease
compensation, unemployment compensation, other employee benefits, and all taxes and premiums
appurtenant thereto concerning such individuals and shall save and hold MCSO harmless with respect
thereto.
5. Each Party to this Agreement warrants compliance with the Immigration and Nationality Act (INA using
E-verify) and all other federal immigration laws and regulations related to the immigration status of its
employees and A.R.S. §23-214(A). Each Party shall obtain statements from its subcontractors certifying
compliance and shall furnish the statements to the other Party upon request. These warranties shall
remain in effect through the term of this Agreement. Each Party and its subcontractors shall also maintain
Employment Eligibility Verification forms (I-9) as required by the Immigration Reform and Control Act of
1986, as amended from time to time, for all employees performing work under this Agreement and verify
employee compliance using the E-verify system and shall keep a record of the verification for the duration
of the employee’s employment or at least three years, whichever is longer. I-9 forms are available for
download at USCIS.GOV. Each Party retains the legal right to inspect contractor and subcontractor
employee documents performing work under this Agreement to verify compliance with this Agreement.
Each Party and its subcontractors shall be given reasonable notice of the other Party’s intent to inspect
and shall make the documents available at the time and date specified. Should either Party find that the
other Party or any of its subcontractors are not in compliance; such noncompliance may be considered a
material breach of this Agreement and may pursue any and all remedies allowed by law. Nothing set out
herein shall make any subcontractor an agent or employee of either Party.
6. Each party shall comply with all applicable laws, ordinances, executive orders, rules, regulations,
standards, and codes of the federal, state, and local government whether or not specifically referenced
herein. The Parties agree that there will be no discrimination as to race, sex, religion, color, age, creed, or
national origin in regard to obligations, work, and services performed under the terms of any contract
ensuing from this engagement. The Parties will comply with the Executive Order No. 11246, entitled
“Equal Employment Opportunity” and as amended by Executive Order No. 11375, as supplemented by
the Department of Labor Regulations (41 CFR, Part 60).
7. In accordance with A.R.S. § 35-214, all books, accounts, reports, files, electronic data, and other
records relating to this Agreement shall be retained and subject at all reasonable times to inspection and
audit by the State of Arizona for five (5) years after completion of this Agreement. Upon request, [The
Town of Fountain Hills] shall produce original of any and all such records and shall be subject at all times
to Inspection and audit by either party, the Superior Court Presiding Judge for Maricopa County, and the
Arizona Supreme Court.
8. Any litigation arising from the agreement or the performance thereof will be decided in the federal
courts in Phoenix or in state courts of Maricopa County unless otherwise agreed to between the Parties.
The laws of the State of Arizona shall govern the construction and interpretation of this IGA. This
Agreement is subject to the provisions of A.R.S. § 12-1518 relating to the use of arbitration. This IGA may
be amended only by the mutual written consent of authorized representatives for all Parties and requires
Maricopa County Board and [The Town of Fountain Hills] Council approval.
11. Notice is given that pursuant to A.R.S. § 38-511 the Parties may cancel any contract without penalty
or further obligation within three years after execution of the contract, if any person significantly involved
in initiating, negotiating, securing, drafting or creating the contract on behalf of the Parties is at any time
while the contract or any extension of the contract is in effect, an employee or agent of any other party to
the contract in any capacity or consultant to any other Party of the contract with respect to the subject
matter of the contract. Additionally, pursuant to A.R.S § 38-511 the Parties may recoup any fee or
commission paid or due to any person significantly involved in initiating, negotiating, securing, drafting or
creating the contract on behalf of the Parties from either Party to the contract arising as the result of the
Contract.
12. This IGA is effective when signed by the Parties. 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. Faxed, copied, electronic and scanned signatures are acceptable as original
signatures.
13. This document is the complete and exclusive statement of understanding between the Parties, and it
supersedes all proposals, oral or written, and other documents or communications between the Parties
relative to the subject matter herein covered, unless such documents or communications are specifically
included by reference.
14. If any term, covenant, condition or provision of this IGA is held by a court of competent jurisdiction to
be invalid, void or unenforceable, the remainder of the provisions hereof shall remain in full force and
effect and shall in no way be affected, impaired or invalidated.
15. Any provision of this IGA which is determined to be invalid, void or illegal shall in no way affect, impair
or invalidate any other provision hereof, and remaining provisions shall remain in full force and effect.
16. Waiver of any breach of any term, conditions or covenant herein contained shall not be deemed to be
a waiver of any subsequent breach of any term, covenant or condition herein.
17. This Agreement will automatically renew for up to two, one-year terms following the Initial Term,
unless either Party provides notice to terminate, per Section 10, above.
10. This agreement constitutes the entire agreement of the parties relating to the subject matter
detailed herein. No amendment or modification of the terms of this agreement shall be of any force and
effect unless approved by the Maricopa County Board of Supervisors, the Town of Fountain Hills, and
the Presiding Justice of the Peace for Maricopa County. The parties agree that should any part of this
agreement be held invalid or void the remainder of the agreement shall remain in full force and effect
and shall be binding upon the parties.
12. NOTICES
All notices, requests for payment, or other correspondence between the parties regarding this
agreement shall be mailed or delivered to the respective parties at the following addresses:
Originals to:
Maricopa County Justice Courts
222 N. Central Ave.
Suite 210
Phoenix AZ 85392
With copies to:
Maricopa County Board of Supervisors 10th Floor
301 W. Jefferson
Phoenix, AZ 85003
Maricopa County Department of Finance
301 W. Jefferson, Suite 960
Phoenix, AZ 85003
The parties have executed this agreement on the date written below,
REQUIRED SIGNATURE BLOCKS AND SIGNATURES SECTION
IGA approved by the Maricopa County Board of Supervisors
BY:
______________________________ Date:__________________
Chairman, Board of Supervisors
ATTEST:
______________________________ Date:___________________
Clerk of the Board
APPROVED AS TO FORM:
______________________________
Davina Bressler, Maricopa County Attorney’s Office
IGA approved by the Town of Fountain Hills
TOWN OF FOUNTAIN HILLS, ARIZONA,
A municipal corporation
_____________________________ __________________
Judge Robert Melton, Presiding Magistrate Date
BY:
_____________________________ __________________
Ginny Dickey, Mayor Date
ATTEST:
______________________________ ___________________
Town Clerk
APPROVED AS TO FORM:
______________________________
Town Attorney
SAMPLE LETTER FOR CHARGES
Date
Attn: Municipality Representative
RE: lntergovernmental Agreement between Maricopa County and ??? Regarding the Administration
of the Maricopa County Justice Courts Video Appearance Center (MCJC VAC)
Dear
Attached, per the terms of our agreement signed ???, is a schedule of the charges for court staff for
Fiscal Year ??? (July 1, ???? through June 30, ????), and the reimbursement rate and amount due the
Maricopa County Justice Courts by ????
l have included the total amount of IAHs filed during Fiscal Year ??? for your information. This
information shows the ratio of ??? IAHs (6.03%) to all other IAHs (93.97%) for Fiscal Year ????, and the
calculation of the reimbursement due to the Maricopa County Justice Courts by ????.
Please remit the Total Staff Salary and Benefits Due of $$.
You may send a check to my attention, payable as follows:
Maricopa County Justice Courts 222 N. Central Avenue, Suite 210
Phoenix, AZ 85004
Sincerely,
??????
MARICOPA COUNTY JUSTICE COURTS
Sample IGA / VAC
Reimbursement Costs for Municipal Court Staff Expenses
______________________________________________________________________________
Personnel Services (Based on 2088 hours - all four positions are 3.5 FTEs)
Name Position Hourly Total
Ct Manager 34.17 $71,347
Clerk 25.11 $52,430
Clerk 24.81 $51,803
.5 Clerk 20.81 $21,726
$197,306
Total Filings – Fiscal Year % Total
Fountain Hills 39 0.91%
MCJC 3923 91.8%
Other Municipalities 311 7.3%
Total Filings 4273 100.0%
Total Staff Salary and Benefits Reimbursement Due ($ 197,306 X 0.91%) $1,795
*Note: Sample was based off FY23 fillings
ITEM 8. C.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 06/04/2024 Meeting Type: Town Council Regular Meeting
Agenda Type: Consent Submitting Department: Administration
Prepared by: Paul Soldinger, Chief Financial Officer
Staff Contact Information: Paul Soldinger, Chief Financial Officer
Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION AND POSSIBLE
ACTION: Resolution 2024-19 approving the designation of Chief Fiscal Officer of the Town of
Fountain Hills for FY24.
Staff Summary (background)
The Arizona Auditor General requires designation of a Chief Fiscal Officer (CFO) by the Governing Board of a political
subdivision. The CFO is authorized to certify the Annual Expenditure Limitation Report (AELR) required by Arizona statute
and file it with the Auditor General. The Auditor General’s designation form requires a copy of the Governing Board’s
Resolution to be included with the filing. The Town Council previously approved Resolution 2023-23 on June 6, 2023, to
designate the CFO for fiscal year 2024. However, Resolution 2024-19 is required to designate a new CFO for AELR
submission purposes.
Related Ordinance, Policy or Guiding Principle
N/A
Risk Analysis
If not submitted to the Auditor General with the supporting Resolution, then the Town will not be in
compliance with State statute.
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
Staff recommends adoption of Resolution 2024-19.
SUGGESTED MOTION
MOVE to adopt Resolution 2024-19.
Attachments
RES2024-19
Form Review
Inbox Reviewed By Date
Town Attorney Aaron D. Arnson 05/22/2024 08:10 AM
Finance Director David Pock 05/28/2024 07:34 AM
Town Attorney Aaron D. Arnson 05/28/2024 07:39 AM
Town Manager Rachael Goodwin 05/28/2024 07:49 AM
Form Started By: Paul Soldinger Started On: 05/21/2024 03:40 PM
Final Approval Date: 05/28/2024
RESOLUTION NO. 2024-19 A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF FOUNTAIN HILLS, ARIZONA, DESIGNATING THE CHIEF FISCAL OFFICER FOR OFFICIALLY SUBMITTING THE FISCAL YEAR 2023-24 EXPENDITURE LIMITATION REPORT TO THE ARIZONA AUDITOR GENERAL RECITALS: WHEREAS, A.R.S. §41-1279.07(E) requires each county, city, town, and community college
district to annually provide to the Auditor General by July 31 the name of the Chief Fiscal Officer the governing body designated to officially submit the current year’s annual expenditure limitation report (“AELR”) on the governing body’s behalf; and WHEREAS, the Mayor and Council of the Town of Fountain Hills (the “Town Council”) desires to designate the Town’s Chief Financial Officer, Paul Soldinger, as the Town’s Chief Fiscal Officer. WHEREAS, Entities must submit an updated form and documentation for any changes in the
individuals designated to file the AELR. ENACTMENTS:
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND TOWN COUNCIL OF FOUNTAIN HILLS as follows:
SECTION 1. The recitals above are hereby incorporated as if fully set forth herein.
SECTION 2. Paul Soldinger, Chief Financial Officer, is hereby designated as the Town’s Chief Fiscal Officer for purposes of submitting the fiscal year 2023-24 AELR to the Arizona Auditor General’s Office on the governing body’s behalf.
SECTION 3. The Mayor, the Town Manager, the Town Clerk, and the Town Attorney are hereby authorized and directed to take all steps necessary to carry out the purpose and intent of this
Resolution. PASSED AND ADOPTED by the Mayor and Council of the Fountain Hills, Maricopa County, Arizona, this 4th day of June, 2024.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
___________________________________ __________________________________
Ginny Dickey, Mayor Linda Mendenhall, Town Clerk REVIEWED BY: APPROVED AS TO FORM: ____________________________________ __________________________________ Rachael Goodwin, Town Manager Aaron D. Arnson, Town Attorney
ITEM 8. D.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 06/04/2024 Meeting Type: Town Council Regular Meeting
Agenda Type: Consent Submitting Department: Administration
Prepared by: Paul Soldinger, Chief Financial Officer
Staff Contact Information: Paul Soldinger, Chief Financial Officer
Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION AND POSSIBLE
ACTION: Resolution 2024-20 approving the designation of Chief Fiscal Officer of the Town of
Fountain Hills for FY25.
Staff Summary (background)
The Arizona Auditor General requires designation of a Chief Fiscal Officer (CFO) by the Governing Board of a political
subdivision. The CFO is authorized to certify the Annual Expenditure Limitation Report (AELR) required by Arizona statute
and file it with the Auditor General. The Auditor General’s designation form requires a copy of the Governing Board’s
Resolution to be included with the filing.
Related Ordinance, Policy or Guiding Principle
N/A
Risk Analysis
If not submitted to the Auditor General with the supporting Resolution, then the Town will not be in
compliance with State statute.
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
Staff recommends adoption of Resolution 2024-20.
SUGGESTED MOTION
MOVE to adopt Resolution 2024-20.
Attachments
RES2024-20
Form Review
Inbox Reviewed By Date
Town Attorney Aaron D. Arnson 05/22/2024 08:20 AM
Finance Director David Pock 05/28/2024 07:34 AM
Town Attorney Aaron D. Arnson 05/28/2024 07:39 AM
Town Manager Rachael Goodwin 05/28/2024 07:49 AM
Form Started By: Paul Soldinger Started On: 05/21/2024 03:54 PM
Final Approval Date: 05/28/2024
RESOLUTION NO. 2024-20 A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF FOUNTAIN HILLS, ARIZONA, DESIGNATING THE CHIEF FISCAL OFFICER FOR OFFICIALLY SUBMITTING THE FISCAL YEAR 2024-25 EXPENDITURE LIMITATION REPORT TO THE ARIZONA AUDITOR GENERAL RECITALS: WHEREAS, A.R.S. §41-1279.07(E) requires each county, city, town, and community college
district to annually provide to the Auditor General by July 31 the name of the Chief Fiscal Officer the governing body designated to officially submit the current year’s annual expenditure limitation report (“AELR”) on the governing body’s behalf; and WHEREAS, the Mayor and Council of the Town of Fountain Hills (the “Town Council”) desires to designate the Town’s Chief Financial Officer, Paul Soldinger, as the Town’s Chief Fiscal Officer. WHEREAS, Entities must submit an updated form and documentation for any changes in the
individuals designated to file the AELR. ENACTMENTS:
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND TOWN COUNCIL OF FOUNTAIN HILLS as follows:
SECTION 1. The recitals above are hereby incorporated as if fully set forth herein.
SECTION 2. Paul Soldinger, Chief Financial Officer, is hereby designated as the Town’s Chief Fiscal Officer for purposes of submitting the fiscal year 2024-25 AELR to the Arizona Auditor General’s Office on the governing body’s behalf.
SECTION 3. The Mayor, the Town Manager, the Town Clerk, and the Town Attorney are hereby authorized and directed to take all steps necessary to carry out the purpose and intent of this
Resolution. PASSED AND ADOPTED by the Mayor and Council of the Fountain Hills, Maricopa County, Arizona, this 4th day of June, 2024.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
___________________________________ __________________________________
Ginny Dickey, Mayor Linda Mendenhall, Town Clerk REVIEWED BY: APPROVED AS TO FORM: ____________________________________ __________________________________ Rachael Goodwin, Town Manager Aaron D. Arnson, Town Attorney
ITEM 9. A.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 06/04/2024 Meeting Type: Town Council Regular Meeting
Agenda Type: Regular Agenda Submitting Department: Administration
Prepared by: Paul Soldinger, Chief Financial Officer
Staff Contact Information: Paul Soldinger, Chief Financial Officer
Request to Town Council Regular Meeting (Agenda Language): PUBLIC HEARING regarding
Resolution 2024-17, approving the final budget for the Town of Fountain Hills for the fiscal year
beginning July 1, 2024, and ending June 30, 2025.
RECESS REGULAR MEETING
OPEN SPECIAL MEETING
CONSIDERATION, AND POSSIBLE ACTION: RESOLUTION 2024-17 - ADOPTION OF FINAL BUDGET;
RESOLUTION 2024-18 - BUDGET IMPLEMENTATION POLICY
Town Council will consider a request to: (a) Adopt Resolution 2024-17, approving the Final Budget for
the Town of Fountain Hills for the fiscal year beginning July 1, 2024, and ending June 30, 2025; (b)
Adopt Resolution 2024-18, approving and establishing the FY25 Budget Implementation Policy and
approving the Town's organizational charts, pay plans, schedule of authorized positions, updated
employee job descriptions, and comprehensive fee schedule for fiscal year 2025.
Staff Summary (background)
1) FY25 FINAL BUDGET
The Proposed Budget for fiscal year 2024-25 was presented to the Town Council and the public
during the Budget Workshop on April 9, 2024. Following the Budget Workshop, the Town
Council approved the Tentative Budget on May 7, 2024, establishing the maximum expenditure
amount for all funds at $45.2M. Resolution 2024-17 adopts the adjusted Tentative Budget as
the Final Budget for the fiscal year beginning July 1, 2024 and ending June 30, 2025.
2) Budget Implementation Policy
Resolution 2024-18 establishes certain budget policies and procedures governing the
determination of budget expenditures for the various departments and programs,
supplementing budget adoption Resolution 2024-17. This resolution, which includes the
organizational charts, pay plans, schedule of authorized positions, updated employee job
descriptions, and comprehensive fee schedule for fiscal year 2025, provides for consistent and
uniform administration of the adopted Town budget for FY 2024-25.
Related Ordinance, Policy or Guiding Principle
1) FY25 Final Budget: A.R.S. § 42-17105
2) Budget Implementation Policy: Town Code Section 3-1-1 & Council-Adopted Financial Policies
Risk Analysis
1) FY25 Final Budget: If not adopted, the Town will not be in compliance with state statute.
2) Budget Implementation Policy: If not adopted, consistency in budget administration, organizational
structure, pay plans, job descriptions, and user fees could be diminished.
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
Staff recommends that Town Council: (a) adopt Resolution 2024-17 approving the final budget for
FY25; (b) adopt Resolution 2024-18 approving the Budget Implementation Policy for FY25.
SUGGESTED MOTION
MOVE to adopt Resolution 2024-17 approving the final budget for fiscal year 2025; adopt Resolution
2024-18 approving the Budget Implementation Policy, Organizational Charts, Pay Plans, Schedule of
Authorized Positions, Updated Employee Job Descriptions, and Comprehensive Fee Schedule for fiscal
year 2025 and Reconvene into the Regular Meeting.
Attachments
RES2024-17
RES2024-17 Exhibit A
RES2024-18
RES2024-18 Exhibit A
RES2024-18 Exhibit B
RES2024-18 Exhibit C
Presentation
Form Review
Inbox Reviewed By Date
Town Attorney Aaron D. Arnson 05/22/2024 08:21 AM
Finance Director David Pock 05/28/2024 07:40 AM
Town Attorney Aaron D. Arnson 05/28/2024 07:44 AM
Town Manager Rachael Goodwin 05/28/2024 07:49 AM
Form Started By: Paul Soldinger Started On: 05/21/2024 04:00 PM
Final Approval Date: 05/28/2024
1
RESOLUTION 2024-17
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, APPROVING THE FINAL BUDGET FOR THE TOWN OF FOUNTAIN HILLS FOR THE FISCAL YEAR BEGINNING JULY 1, 2024 AND ENDING JUNE 30, 2025 RECITALS: WHEREAS, in accordance with the provisions of Title 42, Chapter 17, Arizona Revised Statutes (the “Applicable Law”), the Mayor and Council of the Town of Fountain Hills (the “Town Council”) did, on May 7, 2024, prepare (i) a full and complete statement of the Town’s financial affairs for the preceding fiscal year, (ii) an estimate of the different amounts that will be required to meet the Town’s public expense for the current fiscal year, including all of the items prescribed by ARIZ. REV. STAT. § 42-17102 and (iii) a summary schedule of estimated expenditures and revenues, which was prepared according to forms supplied by the Auditor General and entered in the Town Council’s minutes; and
WHEREAS, in accordance with the Applicable Law, and following due public notice, the Town Council met on May 7, 2024, at which meeting any taxpayer was provided the opportunity to appear and be heard in favor of or against any proposed expenditure or tax levy; and
WHEREAS, publication has been duly made as required by law, of said estimates together with a notice that the Town Council would meet on June 4 , 2024, at the Fountain Hills Town
Council Chambers, for the purpose of hearing taxpayers and with respect to said estimate or any proposed expenditure or tax levy. ENACTMENTS: NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF FOUNTAIN HILLS, as follows: SECTION 1. The recitals above are hereby incorporated as if fully set forth herein.
SECTION 2. The statements and schedules attached hereto as Exhibit A and incorporated herein by reference, are hereby adopted as the budget of the Town of Fountain Hills, Arizona, for the fiscal year beginning July 1, 2024 and ending June 30, 2025.
SECTION 3. The Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to take all steps necessary to carry out the purpose and intent of this
Resolution.
2
PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, Arizona, June 4 , 2024.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
Ginny Dickey, Mayor Linda Mendenhall, Town Clerk REVIEWED BY: APPROVED AS TO FORM:
Rachael Goodwin, Town Manager Aaron D. Arnson, Pierce Coleman PLLC
Town Attorney
Official Budget Forms
Town of Fountain Hills
Fiscal year 2025
3/22 Arizona Auditor General Official Town Budget Forms
Town of Fountain Hills
Table of Contents
Fiscal year 2025
Schedule A—Summary Schedule of estimated revenues and expenditures/expenses
Schedule B—Tax levy and tax rate information
Schedule G—Full-time employees and personnel compensation
Schedule C—Revenues other than property taxes
Schedule D—Other financing sources/(uses) and interfund transfers
Schedule E—Expenditures/expenses by fund
Schedule F—Expenditures/expenses by department (as applicable)
3/22 Arizona Auditor General Official Town Budget Forms
Fiscal
year General Fund
Special Revenue
Fund Debt Service Fund
Capital Projects
Fund Permanent Fund
Enterprise Funds
Available
Internal Service
Funds Total all funds
2024 Adopted/adjusted budgeted expenditures/expenses* E
1 25,585,805 9,643,912 19,760 6,918,531 0 0 889,700 43,057,708
2024 Actual expenditures/expenses** E
2 23,087,912 6,735,443 13 1,577,313 0 0 275,783 31,676,464
2025
Beginning fund balance/(deficit) or net position/(deficit) at
July 1*** 3 15,744,610 10,116,596 178,022 8,846,144 0 0 7,831,744 42,717,116
2025 Primary property tax levy B 4 00 00 00 0
2025 Secondary property tax levy B
5 00 00 00 0
2025 Estimated revenues other than property taxes C
6 25,824,816 6,419,651 1,000 3,949,906 0 0 2,000 36,197,373
2025 Other financing sources D
7 0 0 00000 0
2025 Other financing (uses) D
8 0 0 00000 0
2025 Interfund transfers in D
9 0 2,350,000 0 950,000 0 0 2,000,000 5,300,000
2025 Interfund Transfers (out) D
10 4,000,000 350,000 0 950,000 0 0 0 5,300,000
2025
Line 11: Reduction for fund balance reserved for future
budget year expenditures
Maintained for future debt retirement 0
Maintained for future capital projects 4,000,000 4,000,000
Maintained for future financial stability 4,466,782 4,466,782
0
0
2025 Total financial resources available
12 33,102,644 18,536,247 179,022 12,796,050 0 0 5,833,744 70,447,707
2025 Budgeted expenditures/expenses E 13 25,824,816 9,613,657 20,360 9,092,800 0 0 600,000 45,151,633
Expenditure limitation comparison 2024 2025
1 Budgeted expenditures/expenses 43,057,708$ 45,151,633$
2 Add/subtract: estimated net reconciling items (117,966) (119,359)
3 Budgeted expenditures/expenses adjusted for reconciling items 42,939,742 45,032,274
4 Less: estimated exclusions 8,606,788 9,449,491
5 Amount subject to the expenditure limitation 34,332,954$ 35,582,783$
6 EEC expenditure limitation 34,364,380$ 35,588,003$
*
**
***
Town of Fountain Hills
Summary Schedule of estimated revenues and expenditures/expenses
Fiscal year 2025
Includes actual amounts as of the date the proposed budget was prepared, adjusted for estimated activity for the remainder of the fiscal year.
Amounts on this line represent beginning fund balance/(deficit) or net position/(deficit) amounts except for nonspendable amounts (e.g., prepaids and inventories) or amounts legally or contractually required to be maintained
intact (e.g., principal of a permanent fund). See the Instructions tab, cell C17 for more information about the amounts that should and should not be included on this line.
S
c
h
Funds
Includes expenditure/expense adjustments approved in the current year from Schedule E.
The city/town does not levy property taxes and does not have special assessment districts for which property taxes are levied. Therefore, Schedule B has been omitted.
11
3/22 Arizona Auditor General Schedule A Official Town Budget Forms
2024 2025
1.
$$
2.
$
3. Property tax levy amounts
A. Primary property taxes $ $
B. Secondary property taxes
C.Total property tax levy amounts $$
4. Property taxes collected*
A. Primary property taxes
(1) Current year's levy $
(2) Prior years’ levies
(3) Total primary property taxes $
B. Secondary property taxes
(1) Current year's levy $
(2) Prior years’ levies 26
(3) Total secondary property taxes $ 26
C. Total property taxes collected $26
5. Property tax rates
A. City/Town tax rate
(1) Primary property tax rate
(2) Secondary property tax rate
(3) Total city/town tax rate
B. Special assessment district tax rates
Secondary property tax rates—As of the date the proposed budget was prepared, the
two (2) special assessment districts for which secondary
property taxes are levied. For information pertaining to these special assessment districts
and their tax rates, please contact the city/town.
*
city/town was operating
Includes actual property taxes collected as of the date the proposed budget was prepared, plus
estimated property tax collections for the remainder of the fiscal year.
Amount received from primary property taxation in
the current year in excess of the sum of that year's
maximum allowable primary property tax levy.
A.R.S. §42-17102(A)(18)
Town of Fountain Hills
Tax levy and tax rate information
Fiscal year 2025
Maximum allowable primary property tax levy.
A.R.S. §42-17051(A)
Property tax judgment
Property tax judgment
Property tax judgment
Property tax judgment
3/22 Arizona Auditor General Schedule B Official City/Town Budget Forms
Estimated
revenues Actual revenues*
Estimated
revenues
2024 2024 2025
General Fund
Local taxes
Local Sales Tax $ 13,154,799 $ 17,442,410 $ 14,858,589
Franchise Tax 390,000 229,208 390,000
Licenses and permits
Business License Fees 117,785 104,482 117,785
Residential Rental License 50,000 32,533 50,000
Liquor License Fees 500 2,967 500
Building Permit Fees 372,703 618,934 400,000
Sign Permits 3,350 5,127 3,350
Landscape Permit Fees 3,780 8,577 3,780
Subdivision Fees 36,000 98,347 36,000
Special Event Permits 8,500 16,440 8,500
Engineering Fees 5,550 13,080 5,550
Third Party Revenues
Planning & Zoning Fees 20,060 19,988 20,060
Plan Review Fees 96,750 50,815 56,750
Intergovernmental
State Sales Tax 3,585,690 3,719,633 3,628,998
Fire Insurance Premium Tax 48,516 48,516 48,516
Vehicle License Tax 366,076 340,262
Shared Income Tax 6,387,448 7,703,451 5,108,090
Charges for services
Parks & Rec User Fees 244,215 292,968 255,265
Encroachment Fees 35,000 647,888 50,000
Variances 2,600 307 2,600
Inspection Fees 17,000 53,154 29,000
Leases & Rents 277,278 439,553 289,278
Fines and forfeits
Court Fines 200,000 251,870 200,000
Interest on investments
Interest on Investments 20,000 690,867 100,000
In-lieu property taxes
Contributions
Voluntary contributions 71,400 35,563 71,400
Miscellaneous
Miscellaneous 70,805 107,948 90,805
Total General Fund $ 25,585,805 $ 32,974,888 $ 25,824,816
*
Town of Fountain Hills
Revenues other than property taxes
Fiscal Year 2025
Includes actual revenues recognized on the modified accrual or accrual basis as of the date the proposed budget was
prepared, plus estimated revenues for the remainder of the fiscal year.
Source of revenues
3/22 Arizona Auditor General Schedule C Official City/Town Budget Forms
Estimated
revenues Actual revenues*
Estimated
revenues
2024 2024 2025
Town of Fountain Hills
Revenues other than property taxes
Fiscal Year 2025
Source of revenues
Special revenue funds
Highway User Revenue Fund
Highway User Tax $ 1,849,404 1,795,212 1,823,078
Vehicle License Tax 854,176 883,741 1,215,914
Local Sales Tax 1,064,618 1,465,594 1,212,573
In-Lieu Fees 100,000 100,000
Recycle Proceeds 1,000 966 1,000
Interest 10,000 474,385 10,000
Miscellaneous 30,000 30,000
$ 3,909,198 $ 4,619,898 $ 4,392,565
Downtown Strategy Fund
Sales-Excise Tax $ 106,462 146,559 121,257
Interest 600 32,750 600
$ 107,062 $ 179,310 $ 121,857
Economic Development Fund
Sales-Excise Tax $ 425,847 586,237 485,029
Miscellaneous
Interest 240 35,675 240
$ 426,087 $ 621,912 $ 485,269
Tourism Fund
Grants $ 65,000 107,920 84,000
Interest 180 7,612 180
Miscellaneous
$ 65,180 $ 115,532 $ 84,180
Special Revenue - Grants
Intergovernmental-State $ 1,190,000 35,778 1,190,000
Intergovernmental-Federal $
$ 1,190,000 $ 35,778 $ 1,190,000
Public Art
In-Lieu Fees $ 100,000 5,000 100,000
Interest 240 3,114 240
$ 100,240 $ 8,114 $ 100,240
Court Enhancement Fund
Court Enhancement/JCEF Revenue $ 33,000 30,907 33,000
Interest 300 115 300
$ 33,300 $ 31,022 $ 33,300
Environmental Fund
Environmental Fee $
Interest 2,400 30,497 2,400
$ 2,400 $ 30,497 $ 2,400
Cottonwoods Maintenance District
Assessments $ 9,768 10,026 9,768
Interest Income $ 72 892 72
$ 9,840 $ 10,918 $ 9,840
Total special revenue funds $ 5,843,307 $ 5,652,981 $ 6,419,651
* Includes actual revenues recognized on the modified accrual or accrual basis as of the date the proposed budget was
prepared, plus estimated revenues for the remainder of the fiscal year.
3/22 Arizona Auditor General Schedule C Official City/Town Budget Forms
Estimated
revenues Actual revenues*
Estimated
revenues
2024 2024 2025
Town of Fountain Hills
Revenues other than property taxes
Fiscal Year 2025
Source of revenues
Debt service funds
General Obligation Debt Service
Interest Income 600 8,441 600
$ 600 $ 8,441 $ 600
Eagle Mountain CFD
Assessments
Interest Income 100 1,048 100
$ 100 $ 1,048 $ 100
Municipal Property Corp
Interest Income 300 633 300
$ 300 $ 633 $ 300
Total debt service funds $ 1,000 $ 10,122 $ 1,000
Capital projects funds
Capital Projects Fund
Sales Tax-Local 685,240 1,610,309 904,856
Grants 3,768,079 496,463 2,652,500
Interest 10,000 373,136 10,000
$ 4,463,319 $ 2,479,908 $ 3,567,356
Fire Development Fee Fund
Development Fees 12,780 10,489 12,780
Interest Income 1,000 22,907 1,000
$ 13,780 $ 33,396 $ 13,780
Streets Development Fee Fund
Development Fees 200,740 151,138 200,740
Interest Income 1,000 31,680 1,000
$ 201,740 $ 182,818 $ 201,740
Parks & Recreation Development Fee Fund
Development Fees 166,030 119,087 166,030
Interest Income 1,000 65,360 1,000
$ 167,030 $ 184,448 $ 167,030
Total capital projects funds $ 4,845,869 $ 2,880,570 $ 3,949,906
* Includes actual revenues recognized on the modified accrual or accrual basis as of the date the proposed budget was
prepared, plus estimated revenues for the remainder of the fiscal year.
3/22 Arizona Auditor General Schedule C Official City/Town Budget Forms
Estimated
revenues Actual revenues*
Estimated
revenues
2024 2024 2025
Town of Fountain Hills
Revenues other than property taxes
Fiscal Year 2025
Source of revenues
Permanent funds
N/A $$$
$$$
Total permanent funds $$$
Enterprise funds
N/A $$$
$$$
Total enterprise funds $$$
* Includes actual revenues recognized on the modified accrual or accrual basis as of the date the proposed budget was
prepared, plus estimated revenues for the remainder of the fiscal year.
3/22 Arizona Auditor General Schedule C Official City/Town Budget Forms
Estimated
revenues Actual revenues*
Estimated
revenues
2024 2024 2025
Town of Fountain Hills
Revenues other than property taxes
Fiscal Year 2025
Source of revenues
Internal service funds
Facilities Reserve Fund
Miscellaneous
Interest Income 1,000 254,647 1,000
$ 1,000 $ 254,647 $ 1,000
Technology Replacement Fund
Interest Income
$$$
Vehicle Replacement Fund
Miscellaneous
Interest Income 1,000 113,437 1,000
$ 1,000 $ 113,437 $ 1,000
Total internal service funds $ 2,000 $ 368,084 $ 2,000
Total all funds $ 36,277,981 $ 41,886,645 $ 36,197,373
* Includes actual revenues recognized on the modified accrual or accrual basis as of the date the proposed budget was
prepared, plus estimated revenues for the remainder of the fiscal year.
3/22 Arizona Auditor General Schedule C Official City/Town Budget Forms
Fund Sources (Uses)In (Out)
General Fund
General Fund $$$$4,000,000
Total General Fund $$$$4,000,000
Special revenue funds
Streets Fund $ $ $ 2,000,000 $
Downtown Strategy Fund
Economic Dev Fund 350,000
Tourism Fund 350,000
Environmental Fund
Total special revenue funds $ $ $ 2,350,000 $ 350,000
Debt service funds
N/A $$$$
Total debt service funds $$$$
Capital projects funds
Capital Projects Fund $ $ $ 950,000 $
Parks & Rec Development Fee Fund 950,000
Total capital projects funds $ $ $ 950,000 $ 950,000
Permanent funds
N/A $$$$
Total permanent funds $$$$
Enterprise funds
N/A $$$$
Total enterprise funds $$$$
Internal service funds
Facilities Reserve Fund from Gen Fund $ $ $ 2,000,000 $
Technology Replacement Fund
Vehicle Replacement Fund
Total Internal Service Funds $ $ $ 2,000,000 $
Total all funds $ $ $ 5,300,000 $ 5,300,000
2025 2025
Town of Fountain Hills
Other financing sources/(uses) and interfund transfers
Fiscal year 2025
Other financing Interfund transfers
3/22 Arizona Auditor General Schedule D Official City/Town Budget Forms
Adopted
budgeted
expenditures/
expenses
Expenditure/
expense
adjustments
approved
Actual
expenditures/
expenses*
Budgeted
expenditures/
expenses
Fund/Department 2024 2024 2024 2025
General Fund
Mayor & Town Council $ 65,494 $ $ 70,096 $ 73,040
Administration 2,948,360 3,117,437 3,270,412
General Government 3,238,088 740,009 2,532,053
Municipal Court 495,409 543,113 526,374
Public Works 1,642,802 1,601,091 1,702,310
Development Services 1,318,663 1,425,189 1,578,897
Community Services 3,898,569 3,645,014 4,202,955
Fire & Emergency Medical 5,589,825 5,557,369 5,694,859
Law Enforcement 6,388,595 6,388,595 6,243,916
Total General Fund $ 25,585,805 $ $ 23,087,912 $ 25,824,816
Special revenue funds
Streets Fund $ 7,048,280 $ $ 5,337,230 $ 7,087,540
Downtown Strategy Fund 85,200 107,850 90,200
Economic Development Fund 229,630 245,052 315,293
Tourism Fund 354,029 374,259 417,378
Special Revenue Fund 1,190,000 210,662 1,190,000
Public Art Fund 41,761 35,989 41,761
Court Enhancement Fund 54,600 52,500
Environmental Fund 627,024 418,264 404,804
Cottonwoods Maint District 13,388 6,138 14,181
Total special revenue funds $ 9,643,912 $ $ 6,735,443 $ 9,613,657
Debt service funds
General Obligation Bonds $ 350 $ $ $ 350
Eagle Mountain CFD 18,900 19,500
Municipal Property Corp 510 13 510
Total debt service funds $ 19,760 $ $ 13 $ 20,360
Capital projects funds
Capital Projects $ 6,918,531 $ $ 1,577,313 $ 9,092,800
Fire/Emergency Dev Fee
Streets Dev Fee
Park/Rec Dev Fee
Total capital projects funds $ 6,918,531 $ $ 1,577,313 $ 9,092,800
Permanent funds
N/A $ $ $ $
Total permanent funds $$$$
Enterprise funds
N/A $ $ $ $
Total enterprise funds $$$$
Internal service funds
Facilities Reserve Fund $ 550,000 $ $ $ 550,000
Technology Replacement Fund 50,000 35,724 50,000
Vehicle Replacement Fund 289,700 240,059
Total internal service funds $ 889,700 $ $ 275,783 $ 600,000
Total all funds $ 43,057,708 $ $ 31,676,464 $ 45,151,633
*
Expenditures/expenses by fund
Fiscal year 2025
Town of Fountain Hills
Includes actual expenditures/expenses recognized on the modified accrual or accrual basis as of the date the proposed budget
was prepared, plus estimated expenditures/expenses for the remainder of the fiscal year.
3/22 Arizona Auditor General Schedule E Official City/Town Budget Forms
Full-time
equivalent (FTE)
Employee salaries
and hourly costs Retirement costs Healthcare costs Other benefit costs
Total estimated
personnel
compensation
2025 2025 2025 2025 2025 2025
98.01 $ 8,639,213 $ 893,770 $ 1,068,895 $ 533,988 $ 11,135,866
Streets Fund 6.05 $ 521,557 $ 57,514 $ 69,515 $ 51,888 $ 700,474
Economic Development Fund 1.00 149,274 16,506 7,896 5,247 178,923
Tourism Fund 1.00 80,379 8,936 14,997 3,290 107,602
Total special revenue funds 8.05 $ 751,210 $ 82,956 $ 92,408 $ 60,425 $ 986,999
$$$$$
Total debt service funds $$$$$
$$$$$
Total capital projects funds $$$$$
$$$$$
Total permanent funds $$$$$
$$$$$
Total enterprise funds $$$$$
$$$$$
Total internal service fund $$$$$
Total all funds 106.06 $ 9,390,423 $ 976,726 $ 1,161,303 $ 594,413 $ 12,122,865
Fund
Town of Fountain HillsFull-time employees and personnel compensationFiscal year 2025
General Fund
Internal service funds
Special revenue funds
Debt service funds
Capital projects funds
Permanent funds
Enterprise funds
3/22 Arizona Auditor General Schedule G Official City/Towns Budget Forms
Adopted
budgeted
expenditures/
expenses
Expenditure/
expense
adjustments
approved
Actual
expenditures/
expenses*
Budgeted
expenditures/
expenses
2024 2024 2024 2025
Mayor & Council
General Fund $ 65,494 $ $ 70,096 $ 73,040
Department total $ 65,494 $ $ 70,096 $ 73,040
Administration
General Fund $ 2,948,360 $ $ 3,117,437 $ 3,270,412
Downtown Strategy Fund 85,200 50,000 107,850 90,200
Economic Development Fund 229,630 245,052 315,293
Tourism Fund 354,029 28,792 374,259 417,378
Special Revenue Fund 1,190,000 (28,792)210,662 1,190,000
General Obligation Debt 350 350
Eagle Mountain CFD 18,900 19,500
Municipal Property Corp 510 13 510
Cottonwoods Maint District 13,388 6,138 14,181
Capital Projects 324,600 (50,000)675 677,800
Department total $ 5,164,967 $ $ 4,062,086 $ 5,995,624
General Government
General Fund $ 3,238,088 $(2,497,500)$ 740,009 $ 2,532,053
Technology Replacement 50,000 35,724 50,000
Vehicle Replacement 205,700 124,296
Department total $ 3,493,788 $(2,497,500)$ 900,029 $ 2,582,053
Municipal Court
General Fund $ 495,409 $ $ 543,113 $ 526,374
Court Enhancement Fund 54,600 52,500
Department total $ 550,009 $ $ 543,113 $ 578,874
Public Works
General Fund $ 1,642,802 $ 50,000 $ 1,601,091 $ 1,702,310
Streets Fund 7,048,280 5,337,230 7,087,540
Environmental Fund 627,024 418,264 404,804
Capital Projects 5,308,231 1,747,500 1,352,102 6,885,000
Facilities Replacement Fund 550,000 593,922 550,000
Vehicle Replacement 84,000 115,763
Department total $ 15,260,337 $ 1,797,500 $ 9,418,371 $ 16,629,654
Development Services
General Fund $ 1,318,663 $ $ 1,425,189 $ 1,578,897
Department total $ 1,318,663 $ $ 1,425,189 $ 1,578,897
Community Services
General Fund $ 3,898,569 $ $ 3,645,014 $ 4,202,955
Public Art Fund 41,761 35,989 41,761
Capital Projects 1,285,700 700,000 224,536 1,530,000
Department total $ 5,226,030 $ 700,000 $ 3,905,539 $ 5,774,716
Fire & Emergency Medical
General Fund $ 5,589,825 $ $ 5,557,369 $ 5,694,859
Department total $ 5,589,825 $ $ 5,557,369 $ 5,694,859
Law Enforcement
General Fund $ 6,388,595 $ $ 6,388,595 $ 6,243,916
Department total $ 6,388,595 $ $ 6,388,595 $ 6,243,916
*
Expenditures/expenses by department
Fiscal year 2025
Town of Fountain Hills
Includes actual expenditures/expenses recognized on the modified accrual or accrual basis as of the date the
proposed budget was prepared, plus estimated expenditures/expenses for the remainder of the fiscal year.
Department/Fund
3/22 Arizona Auditor General Schedule F Official City/Town Budget Forms
RESOLUTION 2024-18 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, ADOPTING AND ESTABLISHING THE 2024-25 BUDGET IMPLEMENTATION POLICY AND APPROVING THE TOWN ORGANIZATION CHARTS, THE 2024-25 PAY PLANS, THE SCHEDULE OF AUTHORIZED POSITIONS, THE EMPLOYEE JOB DESCRIPTIONS, AND THE 2024-25 COMPREHENSIVE FEE SCHEDULE
RECITALS: WHEREAS, the Mayor and Council of the Town of Fountain Hills (the “Town Council”), pursuant to ARIZ. REV. STAT. § 9-240 (B)(2), is vested with the power to determine the budgets of all Town departments; and WHEREAS, the Town Council, in order to provide for consistent and uniform administration of the Town’s monies and to maximize savings of funds by monitoring expenditures, has determined it necessary to adopt a budget implementation policy for the FY 2024-25 Town Budget (the “2024-
25 Budget Policy”) governing the expenditures within the FY 2024-25 Town of Fountain Hills budget; and
WHEREAS, pursuant to Subsection 3-1-1(H)(3) of the Town Code, the Town Council must approve the organization charts and job descriptions for employees of the Town.
ENACTMENTS: NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF FOUNTAIN HILLS, as follows:
SECTION 1. The recitals above are hereby incorporated as if fully set forth herein. SECTION 2. The Town Council hereby adopts the 2024-25 Budget Implementation Policy in substantially the form and substance attached hereto as Exhibit A and incorporated herein by reference.
SECTION 3. The Town Council hereby approves and authorizes (i) the Town of Fountain Hills Organization Charts, (ii) the 2024-25 Pay Plans, (iii) the Schedule of Authorized Positions and (iv)
the Employee Job Descriptions, all in substantially the form and substance attached hereto as Exhibit B and incorporated herein by reference.
SECTION 4. The Town Council hereby approves the 2024-25 Comprehensive Fee Schedule, effective July 1, 2024, in the form attached hereto as Exhibit C and incorporated herein by reference.
SECTION 5. The Mayor, the Town Manager, the Town Clerk, and the Town Attorney are hereby authorized and directed to take all steps necessary to carry out the purpose and intent of this
Resolution.
PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, Arizona, June 4, 2024.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
Ginny Dickey, Mayor Linda Mendenhall, Town Clerk REVIEWED BY: APPROVED AS TO FORM: Rachael Goodwin, Town Manager Aaron D. Arnson, Pierce Coleman PLLC Town Attorney
RESOLUTION 2024-18 PAGE 3
EXHIBIT A
TO
RESOLUTION 2024-18
[2024-25 Budget Implementation Policy]
See following pages.
1
TOWN OF FOUNTAIN HILLS
2024-25 BUDGET IMPLEMENTATION POLICY
1. Definitions. The following definitions shall apply for purposes of this policy.
A. “Budget Unit” is a Town department as designated on the Town’s
organization chart, including the Town Municipal Court.
B. “Capital Expenditures” are those capital expenditures exceeding $50,000
that require the approval of the Town Manager and Town Council.
C. “Contingency” appropriation used for unforeseen, emergency, or critical
needs when current budget appropriation is inadequate and revenues are
adequate to support.
D. “Fund(s)” is a fiscal and accounting mechanism with a self-balancing set
of accounts recording cash and financial resources.
E. “Financial Resources” are cash or equivalents held by the Town in bank or
investment accounts.
2. Transfer of Funds.
A. Transfers within a Fund. After adoption of the fiscal budget by the Town
Council, any Budget Unit has the authority to reprogram financial resources
within its department’s line items. These departments of the budget will be
controlled by bottom line total only. Transfers between General Fund
departments are allowed with the approval of the Department Director,
Chief Financial Officer, and Town Manager. Transfers of Contingency
from the General Government Department in excess of the Town
Manager’s purchasing authority must also be approved by Town Council
according to Section 10. A report of each transfer will be approved by the
Department Director and submitted to the Finance Division through the
financial accounting system for processing.
B. Transfers between Funds. After adoption of the fiscal budget by the Town
Council, any budgetary transfer between Funds will require approval
from the Town Council according to the standards set forth in ARS §42-
17106. Prior to any transfer, the Department must provide sufficient
documentation to the Town Manager and the Town Council that funding
exists.
C. Reprogramming of Wages. No financial resources may be reprogrammed
to or from the “wages” section of the Budget Unit’s adopted budget without
consultation with, and approval by, the Town Manager. The requesting
Department Director must submit a memorandum and any necessary
supporting documentation to the Town Manager, and the Town Manager
2
will notify the Finance Division of approved transfers of financial resources
to or from the “wages” section of the budget.
D. Reprogramming of Capital Financial Resources. No financial resources
may be reprogrammed to or from the “capital expenditures” section of the
Budget Unit’s adopted budget without consultation with, and approval by,
the Town Manager and the Town Council. The requesting Department
Director must submit a memorandum and any necessary supporting
documentation to the Town Manager. If approved by the Town Council,
the Town Manager will notify the Finance Division of the reprogrammed
financial resources.
E. Carryover Appropriations. The Finance Division may approve appropriation
transfers for carried over operating/capital items (i.e., IT infrastructure,
equipment, vehicles and facility improvements) if the Town Council
previously appropriated the operating/capital item in a prior fiscal year. All
carryover appropriation transfers must be submitted to the Town Council for
approval, and all carryover appropriation transfers shall be reflected in the
appropriate budget reports.
3. Expenditure Restrictions.
A. Budget Hold for Prior Exceedance. Any General Fund Budget Unit that
exceeded its budget in the prior fiscal year may be subject to immediate
budget hold status in the current fiscal year. However, if a Budget Unit
exceeded its budget in the prior fiscal year due to a one-time emergency
purchase, and proof of such an emergency (in a form acceptable to the
Town Manager) can be shown, the budget hold status will be removed.
B. Remedies for Budget Exceedance. Once a Budget Unit has exceeded its
expenditure limitation, the Finance Division shall notify the Budget Unit,
in writing, that the appropriate expenditure limit has been exceeded. The
Budget Unit must then consult and reach an agreement with the Finance
Division and the Town Manager regarding the remedies available to either
restore spending to a level approved in the budget for the balance of the
fiscal year or to request additional financial resources as set forth in
Subsection 3(C) below.
C. Requests for Additional Financial Resources. When additional financial
resources are requested, the Finance Division and Town Manager must
concur before the Budget Unit may expend the additional financial
resources. If the expenditure of additional financial resources requires a
budget transfer between Funds, the recommendation shall be forwarded to
the Town Council for approval. Any Budget Unit that has exceeded its
limitations shall submit an expenditure reduction program to the Town
Manager through the Finance Division as part of any request for additional
expenditures. The expenditure reduction program shall include, but not be
3
limited to, consideration of reductions in force of budgeted and authorized
positions, termination of all travel expenditures, suspension or termination
of contracts and such other expenditure reductions as the Budget Unit deems
appropriate.
4. Fund Balance. All budget considerations, including expenditure of appropriated
financial resources, shall adhere to the Town of Fountain Hills Financial Policies,
Amended and Restated May 5, 2020, or the most recent version of later-adopted
editions of such financial policies.
5. Fiscal Priorities. The 2024-25 budget is intended to implement the Town Council’s
top fiscal priorities.
6. Positions.
A. General Provisions.
(1) Section 3-1-1 of the Town Code states that the Town Manager
shall be the administrative officer of the Town government and
may appoint and, when necessary, suspend or remove all employees
of the Town, except those officers appointed by the Town Council.
All appointments and removals shall be based upon merit and upon
the qualifications and disqualifications of such employee without
regard to any political belief or affiliation; prior to any creation,
combination, consolidation or deletion of any positions of
employment, written job descriptions or amendments thereto shall
have been approved by the Town Council.
(2) All requests for new positions or reclassification of existing
positions, regardless of the funding source, must be approved by
the Town Council. Reclassification of existing positions (filled and
vacant) should include justification of why budget savings,
including savings from deleted positions, should be used to create
new positions and how the position will align/impact Town strategic
priorities and departmental goals. Departments must submit their
requests to Administrative Services, and Administrative Services
will review job description and salary information prior to
forwarding information to the Town Manager. The Town Manager
will review and make a recommendation to the Town Council to
either approve or deny the request.
(3) Intergovernmental agreements, grants, etc. that require/authorize
additional positions must be approved by the Town Council. The
position and the budgetary impact must be fully disclosed to
Administrative Services and the Finance Division, which shall be
responsible for analyzing the input and presenting such analysis
to the Town Council in conjunction with any request for approval as
4
part of an intergovernmental agreement, grant, or other agreement.
(4) All authorized positions must be fully funded by the General Fund,
a Special Revenue Fund, or a grant. If a position becomes unfunded
or under-funded by its original funding source, it must be fully
funded immediately from other sources or eliminated. An under-
funded position is a position for which a department/funding
source has only 1% to 99% of the funding required to support it
on an annualized basis. If eliminating unfunded or under-funded
positions results in a Reduction in Force, the Administrative Services
Director shall prepare a layoff plan for approval by the Town
Manager.
B. Fiscal Year 2024-25 Authorized Positions. The following lists position
revisions:
Salary and Job Description Reclassifications:
• Street Maintenance Technician I to Street Maintenance Technician II
• Groundskeeper II to Park Operations Lead
Added Positions:
• .5 full-time equivalent (FTE) Recreation Assistant at an hourly salary
range of $19.19 - $27.24
• 1.0 FTE Senior Building Inspector at an hourly salary range of $35.79
- $51.18
The Schedule of Authorized Positions, Pay Plan, organization charts and
updated job descriptions are attached as Exhibit B to the Town Council
Resolution that adopts this Policy (Resolution 2024-18).
7. Hiring Freeze. There is no hiring freeze in effect for FY 2024-25, and positions that
become vacant may be filled if the Town Manager determines that it is in the best
interests of the Town to do so.
8. Salary Adjustment. Salary Adjustments will be effective beginning with the first
full pay period after July 1, 2024, as follows:
A. Individual Salaries. All Town of Fountain Hills employees, except those with
individual employment contracts, shall receive a 4.5% increase beginning
with the first full pay period after July 1, 2024. In the case of individual
employment contracts, the terms of the contract will be administered.
B. Pay Ranges. The pay ranges for all Fountain Hills exempt & non-exempt
employees are increased by 4.5% effective with the first full pay period after
July 1, 2024.
C. Reconciliation to New Pay Ranges. After the adjustments made in
5
accordance with Subsection 8(A) and (B) above, any employees with
salaries not meeting the range minimum shall be increased to the lowest pay
in their newly adjusted pay ranges, except for those employees with
individual employment contracts. In the case of employees with individual
employment contracts, the terms of the contract will be administered.
9. Comprehensive Fee Schedule. The Comprehensive Fee Schedule is included as a
part of Exhibit C to the Town Council Resolution that adopts this Policy (Resolution
2024-18) and authorizes the fees for fiscal year 2024-25. In addition, the
Community Services Department charges fees for classes and recreational activities
that are not listed in the Fee Schedule. Those fees are established by the Community
Services Director and are based on instructor cost, class size, program materials
needed, and other related costs. The range for these fees is no cost up to $550.
10. Contingency Appropriation. The purpose of a Contingency appropriation is to
maintain a reserve of expenditure authority from which specific amounts can be
transferred after adoption of the annual budget to cover unforeseen, emergency, or
critical items if there are sufficient revenues to do so. Contingency appropriations
will be established within the General Government Department for general
purposes or in other Funds reserved for specific issues. All requests for the use
of General Government Contingency must be submitted to the Town Manager for
review. If the Contingency expenditure exceeds the Town Manager’s purchasing
authority, the Town Council must approve the transfer from Contingency
appropriations.
11. Budget Adoption. This budget is being adopted by the Town Council at the
Fund level. Each Fund is a fiscal and accounting mechanism with a self-
balancing set of accounts to record the receipt, use, and/or transfer of financial
resources. The department level budget detail that is contained within the
financial system is designed and used wholly as a management tool for the
individual departments.
12. Vehicles/Equipment and Capital Projects. The Town Council appropriates financial
resources to purchase vehicles/equipment and to complete capital projects as part
of the fiscal year 2024-25 budget. Town Council approvals of budgeted capital
projects are recorded as either “Green Light” or “Yellow Light” projects during the
budget process. All Council-approved projects categorized as “Green Light”
projects during final budget adoption will be fully authorized by Council to move
forward to completion in accordance with Section 3-3-7 of Town Code, including
vendor contracts and project costs. Town staff will only seek subsequent Council
approval for substantial modifications to project scope or cost. Further, Council
approval of “Yellow Light” projects include approval of budget authority for each
project and requires Town staff to obtain Council approval for vendor contracts, as
applicable, and project costs in accordance with Section 3-3-7 of Town Code.
Additional financial resources requested during the fiscal year for these items are
subject to the conditions below.
6
A. Requests between $10,001 and $50,000. Vehicle/equipment requests and
capital expenditure requests (8000 series Object Codes) must be approved
by the Chief Financial Officer and the Town Manager. Approval is required
when using existing financial resources or requesting additional financial
resources. Requests shall be made in writing to the Chief Financial Officer
and the Town Manager. The Town Manager shall either approve, deny or
refer the item to Town Council.
B. Capital Project Requests over $50,000. All additional requests for
vehicles/equipment and capital expenditure requests that exceed $50,000,
regardless of the funding source, must be submitted to the Finance Division
and Town Manager for review. If the Town Manager recommends the
request, it will be submitted to the Town Council for approval.
RESOLUTION 2024-18 PAGE 4
EXHIBIT B
TO
RESOLUTION 2024-18
[Organization Charts, 2024-25 Pay Plans, Schedule of Authorized Positions, and
Employee Job Descriptions]
See following pages
Citizens of Fountain HillsCitizens of Fountain Hills
Presiding Judge
Town of Fountain Hills Organization
Fire / EMS AdministrationAdministration Law
Enforcement
Town Manager Town AttorneyTown Prosecutor
Appointed
by Council
Contracted
Mayor and Town CouncilMayor and Town Council
Development
Services
Recreation
Community
Services
Community
Center
Code
Enforcement
Building Safety
Senior
Services
Parks
Volunteer
Program
GIS
Planning
Engineering
Streets
Facilities
Public Works
Inspection
Finance Finance
Town ClerkTown Clerk
Administrative
Services
Administrative
Services
Economic
Development /
Tourism
Economic
Development /
Tourism
Community
Relations
Community
Relations
FY 2024
*Presiding Judge
(.63)
Senior Court ClerkCourt Operations
Coordinator
MUNICIPAL COURT
Court Administrator
‐
*Part time ‐
Appointed
by Council
Full Time
Part Time
Court Clerk
(.50)
Court Clerk
(.50)
Town Manager
Executive Assistant to Town
Manager & Town Council
ADMINISTRATION DEPARTMENT
Town Clerk
Deputy Town
Manager /
Administrative
Services Director
Economic
Development
Director
Management Analyst
(Economic Development
Specialist)
Chief Technology
Administrator
Financial Services
Technician
Accountant
Customer Service Rep II
Chief Financial
Officer
Financial Services
Technician
IT Support
Specialist
Community Relations
Director
Part time
Full Time
Procurement
Administrator
Benefits and Payroll
Specialist (.50)
Senior Accountant
Human Resources
Analyst
Director
PUBLIC WORKS DEPARTMENT
Street
Maintenance
Technician
Senior Facilities
Maintenance
Technician
Custodian
(.50)
Streets
Superintendent
Facilities
Supervisor
Street
Maintenance
Technician II
Senior
Maintenance
Technician
Part Time
Full Time
Executive Assistant (.5)
(shared with Development Services)
Full Time
Shared
Civil Engineering
Inspector
Street
Maintenance
Technician
Town Engineer
Assistant Town
Engineer
Facilities
Maintenance
Technician
Building Permit
Technician
Director
DEVELOPMENT SERVICES DEPARTMENT
Executive Assistant (.5)
(shared with Public Works)
Senior Code
Enforcement
Officer
Code
Enforcement
Officer
Senior Planner
Chief Building
Official/Plans
Examiner
Building Permit
Technician
Full Time
Full Time
Shared
Part time
GIS Technician
CAD Operator
Senior Building
Inspector
Code
Enforcement
Officer
(.50)
Senior Building
Inspector
Community Services Director Executive Assistant
Parks
Superintendent
Recreation
Manager
COMMUNITY SERVICES DEPARTMENT
Parks Supervisor
Part time
Full Time
Recreation
Program
Coordinator
Senior
Recreation
Program
Coordinator
Customer Service Rep II
(.53)
Customer Service Rep II
(.60)
Community Center
Manager
Community
Center Program
Coordinator
Community Center Community Center
Assistant
(.45)
Community Center Community Center
Assistant
(.75)
Community Center Community Center
Assistant
(.58)
Community Center
Operations
Coordinator
Lead Operations
Support Worker
Operations Sup Worker
(.18)
Operations Sup Worker
(.19)
Lead Operations
Support Worker (.64)
Volunteer
Supervisor
Park Attendant
(.49)
Park Attendant
(.49)
Recreation Assistant
(.50)
Lead Park Attendant
Park Attendant
(.49)
Park Attendant
(.49)
Customer Service Rep II
(.50)
Community Center Community Center Assistant(.50)
Recreation Assistant
(.55)
Park Operations
Lead
Groundskeeper II
Park Operations
Lead
Park Operations
Lead
Park Operations
Lead
Fire Chief
Captains
Station Two (3)
Captains
Station One (3)
FIRE DEPARTMENT
Assistant Fire Chief/
Fire Marshal
Firefighters
Station One (9)
Firefighters
Station One (9)
Training Captain
Full Time
Engineers
Station One (3)
Engineers
Station Two (3)
Administrative
Assistant
LAW ENFORCEMENT
Division Commander
(1 Captain)
Night Watch
Commander
(1 Lieutenant)
Patrol Sergeants (5)
Patrol Deputies
(19)
Deputy Commander
(1 Lieutenant)
Relief SergeantAdministrative
Assistant
School Resource
Officer
Administrative Sergeant
Position Title Minimum Maximum
Deputy Town Manager/Community Services Director 146,015$ 208,801$
Deputy Town Manager/Administrative Services Director 146,015 208,801
Chief Financial Officer 146,015 208,801
Public Works Director 136,466 195,146
Development Services Director 136,466 195,146
Town Clerk 127,538 182,379
Community Services Director 127,538 182,379
Economic Development Director 127,538 182,379
Chief Technology Administrator 121,336 173,510
Town Engineer 119,600 171,028
Community Relations Director 119,600 171,028
Assistant Town Engineer 101,666 145,382
Court Administrator 99,878 142,826
Chief Building Official/Plans Examiner 88,353 126,345
Recreation Manager 87,279 124,809
Parks Superintendent 87,279 124,809
Community Center Manager 87,279 124,809
Senior Accountant 87,279 124,809
Procurement Administrator 87,279 124,809
Streets Superintendent 86,499 123,694
Senior Planner 86,145 123,187
Human Resources Analyst 76,285 109,088
Facilities Supervisor 75,358 107,762
Senior Recreation Program Coordinator 75,358 107,762
Volunteer Supervisor 75,358 107,762
Parks Supervisor 75,358 107,762
Executive Assistant to Town Manager/Council 72,471 103,634
Management Analyst 72,286 103,369
Accountant 66,895 95,660
Court Operations Coordinator 66,895 95,660
Community Center Program Coordinator 66,895 95,660
Operations Coordinator - Community Center 66,895 95,660
Recreation Program Coordinator 66,895 95,660
Senior Code Enforcement Officer 66,895 95,660
Position Title Minimum Maximum
Senior Building Inspector $ 35.79 $ 51.18
Information Technology Support Specialist 34.99 50.04
GIS Technician/CAD Operator 34.15 48.83
Civil Engineer Inspector 31.32 44.79
Benefits and Payroll Specialist 29.39 42.03
Executive Assistant 27.83 39.80
Code Enforcement Officer 27.83 39.80
Senior Maintenance Technician 27.15 38.82
Senior Facilities Maintenance Technician 27.15 38.82
Park Operations Lead 27.15 38.82
Street Maintenance Technician II 25.11 35.91
Facilities Maintenance Technician 25.11 35.91
Building Permit Technician 24.45 34.96
Senior Court Clerk 23.83 34.08
Street Maintenance Technician 23.83 34.08
Administrative Assistant 23.83 34.08
Court Clerk 22.77 32.56
Financial Services Technician 22.77 32.56
Groundskeeper II 22.77 32.56
Customer Service Representative II 22.05 31.53
Community Center Assistant 21.56 30.83
Lead Park Attendant 21.56 30.83
Lead Operations Support Worker 21.56 30.83
Customer Service Representative I 19.65 28.10
Recreation Assistant 19.19 27.44
Operations Support Worker 19.19 27.44
Park Attendant 19.19 27.44
Custodian 17.73 25.35
FY 24‐25 PAY PLAN ‐ Non‐Public Safety Positions (July 2024)
Exempt Positions
Non-Exempt Positions
FY 24‐25 FIRE DEPARTMENT PAY PLAN (July 2024)
Salaried / Exempt Positions
Position Title Minimum Maximum
Fire Chief 146,015$ 208,801$
Fire Assistant Chief / Fire Marshal 127,538 182,379
Hourly / Non-Exempt Positions
Position Title Minimum Maximum
Annualized
Minimum
Annualized
Maximum Work Schedule
Designated
FLSA Work
Period
Average
Hours
Scheduled
Per Year
Average
Overtime
Hours
Scheduled Per
Year
Average Scheduled
Straight Time Hours
Scheduled Per Year
Fire Training Captain 47.09 67.34 97,947 140,064
Five 8 hour days /
week 7 days = 40 hours 2,080 0 2,080
Fire Battalion Chief 40.11 57.36 121,674 173,993
48 hours worked / 96
hours off 14 days = 106 hours 2,912 243 2,669
Fire Captain 32.29 46.17 97,952 140,071
48 hours worked / 96
hours off 14 days = 106 hours 2,912 243 2,669
Fire Lieutenant 30.76 43.99 93,310 133,434
48 hours worked / 96
hours off 14 days = 106 hours 2,912 243 2,669
Fire Engineer 29.24 41.81 88,700 126,840
48 hours worked / 96
hours off 14 days = 106 hours 2,912 243 2,669
Firefighter 20.73 29.64 62,884 89,925
48 hours worked / 96
hours off 14 days = 106 hours 2,912 243 2,669
Note: Firefighters, Engineers, Lieutenants, and Captains with Paramedic Certifications receive $1.85 / hr added to their base hourly rate of pay.
Schedule of Authorized Positions
FY 21-22 FY 22-23 FY 23-24 FY 24-25
Authorized Authorized Authorized Proposed
Position Title FTE FTE FTE FTE
Municipal Court
Presiding Judge 0.63 0.63 0.63 0.63
Court Administrator 1.00 1.00 1.00 1.00
Senior Court Clerk 1.00 - 1.00 1.00
Court Operations Coordinator 1.00 1.00 1.00 1.00
Court Clerk - 2.00 1.00 1.00
Authorized FTE 3.63 4.63 4.63 4.63
Administration
Town Manager 1.00 1.00 1.00 1.00
Deputy Town Manager/Administrative Services Dir.1.00 1.00 1.00 1.00
Executive Asst to Town Mgr/Council 1.00 1.00 1.00 1.00
Town Clerk 1.00 1.00 1.00 1.00
Economic Development and Tourism Specialist 1.00 - - -
Management Analyst - 1.00 1.00 1.00
Economic Development Director 1.00 1.00 1.00 1.00
Community Relations Manager 1.00 - - -
Community Relations Director - 1.00 1.00 1.00
Chief Technology Administrator 1.00 1.00 1.00 1.00
Information Technology Support Specialist 0.50 0.74 1.00 1.00
Finance Director 1.00 - - - Chief Financial Officer - 1.00 1.00 1.00
Senior Accountant 1.00 1.00 1.00 1.00
Accountant 1.00 1.00 1.00 1.00
Financial Services Technician 2.00 2.00 2.00 2.00
Procurement Administrator 1.00 1.00 1.00 1.00
Human Resources Analyst - - 1.00 1.00
Benefits and Payroll Specialist - 0.50 0.50 0.50 Accounting Clerk 0.50 - - -
Customer Service Representative II 1.00 1.00 1.00 1.00
Authorized FTE 16.00 16.24 17.50 17.50
Public Works
Public Works Director 1.00 1.00 1.00 1.00
Civil Engineering Inspector 1.00 1.00 1.00 1.00
Executive Assistant 0.50 0.50 0.50 0.50
Town Engineer 1.00 1.00 1.00 1.00
Assistant Town Engineer 1.00 1.00 1.00 1.00
Facilities Supervisor 1.00 1.00 1.00 1.00
Senior Facilities Maintenance Tech 1.00 1.00 1.00 1.00
Facilities Maintenance Tech - 1.00 1.00 1.00
Custodian 0.50 0.50 0.50 0.50
Streets Superintendent 1.00 1.00 1.00 1.00
Senior Maintenance Technician 1.00 1.00 1.00 1.00
Street Maintenance Technician II - - - 1.00
Street Maintenance Technician 3.00 3.00 3.00 2.00
Authorized FTE 12.00 13.00 13.00 13.00
Development Services
Development Services Director 1.00 1.00 1.00 1.00
Executive Assistant 0.50 0.50 0.50 0.50
Senior Planner 1.00 1.00 1.00 1.00
GIS Technician/CAD Operator 1.00 1.00 1.00 1.00
Senior Code Enforcement Officer 1.00 1.00 1.00 1.00
Code Enforcement Officer 1.00 1.50 1.50 1.50
Chief Building Official/Plans Examiner 1.00 1.00 1.00 1.00
Senior Building Inspector 1.00 1.00 1.00 2.00
Building Permit Technician 1.50 2.00 2.00 2.00
Authorized FTE 9.00 10.00 10.00 11.00
Community Services
Community Services Director 1.00 - - 1.00
Deputy Town Manager/Community Services Dir. 1.00 1.00 -
Recreation Manager 1.00 1.00 1.00 1.00
Recreation Program Coordinator 2.00 1.00 1.00 1.00
Recreation Assistant - - 0.50 1.05
Senior Recreation Program Coordinator - 1.00 1.00 1.00
Executive Assistant 1.00 1.00 1.00 1.00
Parks Supervisor - - 1.00 1.00
Parks Superintendent 1.00 1.00 1.00 1.00
Park Operations Lead 4.00 4.00 3.00 4.00
Lead Park Attendant 1.00 1.00 1.00 1.00
Park Attendant 1.96 1.96 1.96 1.96
Groundskeeper II 2.00 2.00 2.00 1.00
Customer Service Representative II 1.63 1.63 1.63 1.63
Community Center Manager 1.00 1.00 1.00 1.00
Operations Coordinator - Community Center 1.00 1.00 1.00 1.00
Operations Support Worker 0.37 0.37 0.37 0.37
Lead Operations Support Worker 1.28 1.28 1.64 1.64
Senior Services Supervisor 1.00 - - -
Community Center Program Coordinator - 1.00 1.00 1.00
Senior Services Activities Coordinator 1.78 - - -
Community Center Assistant - 2.28 2.28 2.28
Volunteer Supervisor 1.00 1.00 Volunteer Coordinator 1.00 1.00 - -
Authorized FTE 24.02 24.52 25.38 25.93
Fire Department
Fire Chief - - 1.00 1.00
Assistant Fire Chief / Fire Marshal - - 1.00 1.00
Fire Captain - - 6.00 6.00
Fire Captain - Training - - 1.00 1.00
Fire Battalion Chief - - - -
Fire Lieutenant - - - -
Fire Engineer - - 6.00 6.00
Firefighter - - 18.00 18.00
Administrative Assistant - - 1.00 1.00
Authorized FTE - - 34.00 34.00
Total Authorized FTE 64.65 68.39 104.51 106.06
Created 6/4/2024 Adopted 6/4/2024
FOUNTAIN HILLS, ARIZONA Job Description
1
Job Title: Street Maintenance Technician II
Department: Public Works
Immediate Supervisor: Streets Superintendent
FLSA Status: Non-Exempt
BRIEF DESCRIPTION OF THE JOB:
Under general supervision, performs a variety of semi-skilled and manual labor, repairing and maintaining public streets and
rights-of-way. Identifies, locates, and marks the location of Town-owned subsurface utilities in order to minimize accidental
damage or disruption of service due to construction excavation activities.
ESSENTIAL FUNCTIONS: This information is intended to be descriptive of the key responsibilities of the position. The following examples do not identify all duties
performed by any single incumbent.
Physical Strength Code ESSENTIAL FUNCTIONS
1 H Performs a variety of maintenance tasks associated with the repair of streets and
works with a variety of construction materials including asphalt, hot tar, striping
material, gravel, and concrete. Trims trees and vegetation.
2 M Operates a variety of light to medium power tools and equipment, such as a jackhammer, chainsaw, tamping machine, air compressor, pickup truck, trailer, aerial lift, tractors, dump truck, street sweeper, and other equipment utilized in
the maintenance and repair of the streets.
3 M Performs technical work locating and marking underground Town-owned utilities
using maps, blueprints, GIS systems, and electronic equipment. The position coordinates activities with Arizona 811 and performs a variety of technical activities in support of the department crews, contractors, citizens, excavators, and
utility companies.
4 H Work often requires prolonged heavy physical exertion that may be performed under adverse weather conditions, and may entail working in close proximity to
heavy traffic.
5 M Performs operator maintenance as needed on vehicles and equipment
6 L Maintains daily work records which may include computerized record keeping
7 M Performs related duties as needed
Created 6/4/2024 Adopted 6/4/2024
FOUNTAIN HILLS, ARIZONA Job Description
2
JOB REQUIREMENTS:
JOB REQUIREMENTS
Formal Education / Knowledge Work requires knowledge necessary to understand basic operational, technical, or office
processes. Level of knowledge equivalent to four years of high school or equivalency.
Experience Equivalent to one year full-time street construction, maintenance work, or other
construction work involving the operation of light or heavy motorized equipment. Two
years of full-time experience in underground or utility construction-related work
involving some responsibility for reading and interpreting project plans, blueprints,
electronic quarter section and plat maps, or related materials; OR two years using
electronic locating devices.
Certifications and Other Requirements Possession of a valid driver's license for a minimum of two years with a good driving
record. Commercial Driver's License with Air Brake Endorsement required, or ability to
obtain within six months of employment. Average computer skills required. The Town
currently designates this job as a “safety-sensitive position.” Accordingly, the Town
requires satisfactory completion of a drug and alcohol screening as a condition of employment.
** Equivalent combinations of experience and training that meet the minimum qualifications may be substituted.
Reading Work requires the ability to read work orders, street signs, directions, maps, written
correspondence, policies, and safety information.
Math Work requires the ability to perform general math calculations such as addition,
subtraction, multiplication and division.
Writing Work requires the ability to write daily work reports and general correspondence.
Managerial None
Budget Responsibility None
Supervisory / Organizational Control None
Complexity Work requires analysis and judgment in accomplishing diversified duties.
Interpersonal / Human Relations Skills The incumbents in this position contact others within the organization. These contacts may involve similar work units or departments within the Town, which may be involved in decision-making or providing approval or decision-making authority for purchases or projects. In addition, these incumbents work with individuals outside the Town who
may belong to professional or peer organizations. Working with various state and federal agencies may also be required of the employee. Vendors and suppliers may also be called upon for information on purchases, supplies or products. Meetings and
discussions may be conducted with customers and general public.
Created 6/4/2024 Adopted 6/4/2024
FOUNTAIN HILLS, ARIZONA Job Description
3
OVERALL PHYSICAL STRENGTH DEMANDS:
Sedentary Light Medium Heavy Very Heavy
S=sedentary L=Light M=Medium H=Heavy VH=Very Heavy Exerting up to 10 lbs. Exerting up to 20 lbs. Exerting 20-50 lbs. Exerting 50-100 lbs. Exerting over 100 lbs. occasionally or occasionally, 10lbs. occasionally, 10-25 lbs. occasionally, 25-50 lbs. occasionally, 50-100 lbs. negligible weights frequently, or negligible frequently, or up to 10- frequently, or up to 10- frequently, or up to 20- frequently, sitting most amounts constantly OR 20 lbs. constantly. 20 lbs. constantly. 50 lbs. constantly. of the time requires walking or
standing to a significant
degree.
PHYSICAL DEMANDS:
C = Continuously 2/3 or more of the time F = Frequently From 1/3 to 2/3 of the time O = Occasionally Up to 1/3 of the time R = Rarely Less than 1 hour per week N = Never Never occurs
This is a description of the way this job is currently performed; it does not address the potential for accommodation. PHYSICAL DEMANDS FREQUENCY CODE DESCRIPTION
Standing C At job site
Sitting O Driving and computer work
Walking F Around job site
Lifting F Tools and equipment
Carrying F Tools and equipment
Pushing/Pulling F Equipment, brush
Reaching F Controls on equipment, sign installation, and brush control
Handling F Tools and equipment
Fine Dexterity O Small hand tools, computers, calculators, telephones, and writing
Kneeling O Curb number painting
Crouching O Storm drain maintenance
Crawling R Storm drain maintenance
Bending O Thermoplastic installation and cracksealing
Twisting O Cracksealing
Climbing O Brush control and sign installation
Balancing O On equipment and on ladders
Vision C Driving, observing work activities
Hearing C Communicating with personnel
Talking C Communicating with personnel
Foot Controls F Driving and operating equipment
Created 6/4/2024 Adopted 6/4/2024
FOUNTAIN HILLS, ARIZONA Job Description
4
MACHINES, TOOLS, EQUIPMENT, AND WORK AIDS:
Tractor, dump truck, paint striper, concrete cutter, tamper, jackhammer, aerial-lift, chainsaw, computer, fax machine and
calculator. Consults a variety of utility maps, as-built prints, construction plans, and GIS system and other computer mapping
systems.
ENVIRONMENTAL FACTORS:
D = Daily W = Several Times Per Week M = Several Times Per Month S = Seasonally N = Never
(1) (2)
PROTECTIVE EQUIPMENT REQUIRED:
Hard hat, gloves, safety shoes, safety glasses, hearing protection, reflective safety vest
NON-PHYSICAL DEMANDS:
C = Continuously 2/3 or more of the time F = Frequently From 1/3 to 2/3 of the time O = Occasionally Up to 1/3 of the time R = Rarely Less than 1 hour per week N = Never Never occurs NON-PHYSICAL DEMANDS
Time Pressures O
Emergency Situations O
Frequent Change of Tasks F
Irregular Work Schedule/Overtime O
Performing Multiple Tasks Simultaneously F
Working Closely with Others as Part of a Team C
Tedious or Exacting Work O
Noisy/Distracting Environment F
Other (see 3 below)
HEALTH AND SAFETY ENVIRONMENTAL FACTORS
Mechanical
Hazards D Extreme
Temperatures S
Chemical Hazards M Noise and Vibration D
Electrical Hazards M Wetness/Humidity S
Fire Hazards M Respiratory Hazards M
Explosives M Physical Hazards D
Communicable Diseases N
Physical Danger or Abuse
D
Other (see 1 Below)
PRIMARY WORK LOCATION
Office Environment
Warehouse
Shop
Vehicle
Outdoors X
Recreation Center
Other (see 2 Below)
RESOLUTION 2024-18 PAGE 5
EXHIBIT C
TO
RESOLUTION 2024-18
[2024-25 Comprehensive Fee Schedule]
See following pages.
Description Adopted Fee Units
Campaign Fees:
Pro/Con Argument Fee $100.00 per request
Campaign Finance ‐ Late Filing Fee $10.00 per business day
Parks Fees
Park Rental Fees ‐ Resident/Non‐Profit:
Standard Ramada ‐ 2 hour minimum $15.00 per hour
Saguaro Ramada ‐ 2 hour minimum $30.00 per hour
Meeting Rooms 2 hour minimum $15.00 per hour
Athletic Fields ‐ 2 hour minimum $20.00 per hour
Sports Courts ‐ 1 hour reservation $10.00 per hour
Half Day Open Park space, including Amphitheater, Avenue of the
Fountains Plaza, Great Lawn, Centennial Circle and other lawns
$800.00 flat fee
Full Day Open Park space, including Amphitheater, Avenue of the
Fountains Plaza, Great Lawn, Centennial Circle and other lawns
$1,500.00 flat fee
Park Rental Fees ‐ Non‐Resident/Commercial:
Small Ramada ‐ 2 hour minimum $22.50 per hour
Saguaro Ramada ‐ 2 hour minimum $40.00 per hour
Meeting Rooms 2 hour minimum $20.00 per hour
Athletic Fields ‐ 2 hour minimum $30.00 per hour
Sports Courts ‐ 1 hour reservation $15.00 per hour
Half Day Open Park space, including Amphitheater, Avenue of the
Fountains Plaza, Great Lawn, Centennial Circle and other lawns
$1,350.00 flat fee
Full Day Open Park space, including Amphitheater, Avenue of the
Fountains Plaza, Great Lawn, Centennial Circle and other lawns
$2,350.00 flat fee
Park Rental Fee Extras:
Power Distribution Box Rental Fee & Deposit $25.00 plus $200 deposit per box per day
Quick Coupler $25.00 plus $200 deposit per box per day
Athletic Field Lights (2 hour minimum) $15.00 per hour per field
Athletic Field Prep – Baseball/Softball $30.00 per field
Athletic Field Prep – Soccer/Football $500.00 per field
Batting Cage Rental ‐ 1 hour $10.00 per hour
Pitching Mound Rental $30.00 per use
Ball Field Fencing Rental $25.00 per use
Alcohol Permit with Park Reservation (NON‐REFUNDABLE) $20.00 per permit
Fountain Operation $300.00 per half hour
Staff ‐ 2 hour minimum $40.00 per hour per staff
member
TOWN OF FOUNTAIN HILLS
COMPREHENSIVE FEE SCHEDULE
FISCAL YEAR 2024‐2025
Clerk
Community Services
Description Adopted Fee Units
TOWN OF FOUNTAIN HILLS
COMPREHENSIVE FEE SCHEDULE
FISCAL YEAR 2024‐2025
Community Center Fees
Community Center Rentals ‐ Resident/Non‐Profit:
Weekday Rates: Monday thru Thursday
Classrooms ‐ Minimum 2 hours $25.00 per hour
Ballroom ‐ Per Ballroom; Minimum 4 hours $50.00 per hour
Lobby ‐ Minimum 4 hours $50.00 per hour
Weekend Rates: Friday & Saturday (no rentals on Sunday)
Ballroom ‐ Per Ballroom; Minimum 4 hours $75.00 per hour
Lobby ‐ Minimum 4 hours $75.00 per hour
Ballroom Damage Deposit $50.00 per Ballroom
Community Center Rentals ‐ Non‐Resident/Commercial:
Weekday Rates: Monday thru Thursday
Classrooms ‐ Minimum 2 hours $50.00 per hour
Ballroom ‐ Per Ballroom; Minimum 4 hours $100.00 per hour
Lobby ‐ Minimum 4 hours $100.00 per hour
Weekend Rates: Friday & Saturday (no rentals on Sunday)
Ballroom ‐ Per Ballroom; Minimum 4 hours $150.00 per hour
Lobby ‐ Minimum 4 hours $150.00 per hour
Ballroom Damage Deposit $50.00 per Ballroom
Community Center Extra Service Fees:
Video Projector $55.00 plus $300.00 deposit per rental
Flat Screen TV $55.00 plus $500.00 deposit per rental
Small Screen $55.00 plus $250.00 deposit per rental
Large Screen (8' x 10') $55.00 plus $600.00 deposit per rental
Ping Pong Table $55.00 plus $500.00 deposit per rental
Sound Reinforcement
Wireless Microphones $25.00 per rental
Speaker Table (Includes Mixing Board) $25.00 per rental
Conference Phone $55.00 plus $100.00 deposit per rental
Portable Sound System (Includes Mixing Board and/or Portable
Speaker)
$85.00 plus $500.00 deposit per rental
Electricity (per booth)n/a
Portable White Board $5.00 per rental
Walker Display Board $5.00 per rental
Items for Sale $5.00 per rental
Miscellaneous n/a
Dance Floor ‐ per 4' x 4' parquet square (16' x 16') $225.00 per rental
Dance Floor ‐ per 4' x 4' parquet square (20' x 20') $280.00 per rental
Dance Floor ‐ per 4' x 4' parquet square (24' x 24') $325.00 per rental
Staging 6' x 8" section (1 piece) $25.00 per rental
Coffee Service $25.00 per request
Description Adopted Fee Units
TOWN OF FOUNTAIN HILLS
COMPREHENSIVE FEE SCHEDULE
FISCAL YEAR 2024‐2025
Portable Bar $50.00 plus $250.00 deposit per request
Labor Charges $55.00 per hour per staff
MCSO Charges ‐ Minimum 4 hours Actual Cost pre‐paid/no refunds
Piano Tuning Actual Cost pre‐paid/no refunds
Drop‐In Fee for Presentations/Classes $5.00 per presentation/class
Senior Services Annual Membership Fees:
Resident $30.00 per year
Non ‐ Resident $45.00 per year
Special Event Fees
Special Events Permits:
Special Event Permits ‐ Food/Event Vendors
Application Fee $500.00 based on event size
Special Event Permits ‐ Business
Application Fee ‐ Business (If submitted at least 60 days prior to the
event date)
$300.00 per application
Application Fee ‐ If submitted 59 days or less prior to the event date $550.00 per application
Permit Fee $50.00 per application
Special Event Permits ‐ Non‐Profit
Application Fee ‐ Charitable Organization (If submitted at least 60
days prior to the event date)
$150.00 per application
Application Fee ‐ If submitted 59 days or less prior to the event date $275.00 per application
Permit Fee $50.00 per application
Special Event Permits ‐ Extra Fees
Special Event Liquor Application Fee $25.00 per application
Special Event Permits ‐ Park Fee (Open Park space: amphitheater,
AOTF Plaza, Great Lawn, Other)
Non‐Profit:
Small Event $400.00/$750.00 half day/full day
Medium Event $2,500.00 full day
Large Event $3,500.00 full day
Business/Commercial:
Small Event $750.00/$1,400.00 half day/full day
Medium Event $2,500.00 full day
Large Event $3,500.00 full day
Special Event Permits ‐ Deposit Fees
Events with less than 1,000 attendance $500.00 per event
Events with 1,000 ‐ 1,999 attendance $1,000.00 per event
Events with 2,000 ‐ 5,000 attendance $2,500.00 per event
Events with over 5,000 attendance $5,000.00 per event
Description Adopted Fee Units
TOWN OF FOUNTAIN HILLS
COMPREHENSIVE FEE SCHEDULE
FISCAL YEAR 2024‐2025
Special Event Permit Fees ‐ Road Closure Admin Fees
Events with less than 1,000 attendance $500.00 per event
Events with 1,000 ‐ 1,999 attendance $750.00 per event
Events with 2,000 ‐ 5,000 attendance $1,000.00 per event
Events with over 5,000 attendance $1,500.00 per event
Special Event Permit Fees ‐ Vendor Compliance Fine
First time penalty $250.00 per incident
Recurring penalty $750.00 per incident
Film permit application $85.00 per incident
Non‐Sufficient Funds (checks returned to Court) $50.00 per check
Public Defender Actual costs for appointed attorney
Jail Reimbursement Actual costs billed by County for jail time
served
Jury Costs (assessed if jury trial canceled within five days of trial) Actual administrative costs
Civil Traffic Default $50.00 per incident
Warrant $65.00 per warrant issued
Diversion Program Rescheduling $22.00 per incdent
Court Clerk $28.00 per request (ARS 22‐281)
Court User $10.00 per charge
Public Records Search $28.00 per name (ARS 22‐281)
Certified Copies $28.00 per copy (ARS 22‐281)
Planning Fees
Administrative Use Permit/Temporary Sign Permit $50.00 per request
Appeal of a Decision by the Zoning Administrator $1,530.00 per appeal
Comprehensive Sign Plans and amendments $280.00 per request
Commercial/Industrial/Multi‐Family Site Plan Review $680.00 for first 5,000 square feet of
property, then $130.00 for every
thousand square feet thereafter
Continuance at Applicant Request $140.00 per request
Cut & Fill Waiver $350.00 per request
Development Agreements $3,975.00 for up to 5 acres, plus $795.00
per acre thereafter
Development Agreements ‐ Amendment $1,900.00 for up to 5 acres plus $380.00
per acre thereafter
Final Plats $1,690.00 for up to 10 lots plus $169 per
lot thereafter
General Plan Amendments ‐ Minor $2,500.00 for the first 5 acres plus
$500.00 per acre thereafter
General Plan Amendments ‐ Major $3,760.00 for the first 40 acres plus
$94.00 per acre thereafter
Hillside Protection Easement (HPE) $170.00 Plus recording fees
Development Services
Court Fees
Description Adopted Fee Units
TOWN OF FOUNTAIN HILLS
COMPREHENSIVE FEE SCHEDULE
FISCAL YEAR 2024‐2025
Golf Ball Fence, Administrative Review $280.00 per review
Landscape Plan Review $50.00 per review
Public Notice in Newspaper (for all actions requiring newspaper
notifications)
$260.00 (1)
Notification fee (for all actions requiring mailed notifications) $175.00 (2)
Ordinances (Text Amendments) $1,975.00 per ordinance
Planned Area Developments (PAD) $3,620.00 for the first 5 acres plus
$725.00 per acre thereafter
Planned Area Developments (PAD) ‐ Amendment $1,850.00 for the first 5 acres plus
$370.00 per acre thereafter
Plat Abandonments $1,150.00 plus County Fees (3)
Preliminary Plats $2,045.00 for the first 10 lots, plus
$205.00 per lot thereafter
Recording Fees (subject to change without notice) $150.00 per request
Replats (lot joins, lot divisions, lot line adjustments) $575.00
Rezones (Map) $3,623.00 up to 10 acres plus $360.00 per
acre thereafter
Saguaro Cactus Permit $110.00 per permit
Special Use Permits and amendments $2,000.00
Temporary Use Permits $230.00 plus notification
Temporary Visitor Permit (RV Parking): $50.00 per permit
Tract Housing $325.00 plus $100.00 per façade
Variances $1,190.00 for the first variance plus
$300.00 for each additional variance
Zoning Verification Letter $280.00 per verification
Community Residence Registration $350.00 per registration
Community Residence Annual Renewal $250.00 per renewal
(1) Plus actual newspaper posting costs
(2) Plus $5 per mailing label
(3) Minimum $150 recording fee
Building Fees
Building Permit/Plan Check Single Family Residential:
Single Family Homes & Additions (Includes Permit and Plan Review)
Livable Area with A/C $0.73 square feet
Covered Area: Garage and/or Patio (non A/C) $0.55 square feet
Single Family Remodel $0.24 square feet
Single Family Remodel non A/C $0.15 square feet
Specialized Permits (Includes Permit and Plan Review)
Solar Photovoltaic $150.00 per request
Description Adopted Fee Units
TOWN OF FOUNTAIN HILLS
COMPREHENSIVE FEE SCHEDULE
FISCAL YEAR 2024‐2025
Fence Walls $200.00 for first 100 feet plus $2.00 per
linear foot thereafter
Retaining Walls $300.00 for 100 linear feet plus $3.20 per
linear foot thereafter
Pools & Spas Attached $320.00 up to 450 square feet plus $0.72
per square foot above 450
Stand Alone Spas $140.00 per request
Landscape Deposit $2,500.00 refundable deposit. Deposit
required for Certificate of Occupancy
(C of O) if landscaping is not installed;
refundable upon landscaping approval by
Town within six (6) months.
Miscellaneous Plan Review or Inspection (1 hour minimum) $115.00 per hour
One Discipline Permit $140.00 per permit
Addendum $115.00 per adendum
Demolition (minor)$60.00 per request
Third‐Party or Expedited Plan Review & Inspections Actual costs for third party
Plan Review Add On (After 3rd Review) 50% of Bldg Permit/Plan Review Fee
Reinspection Fee $170.00 per inspection
Permit Extensions ‐ Residential new construction only (If Town has all
records and within current Code cycle)
460.00 per extension
Permit Extensions ‐ Residential remodel only (If Town has all records
and within current Code cycle)
$120.00 per extension
Penalty for failure to obtain a building permit 100% of Bldg Permit/Plan Review Fee per incident
Refund for cancelled Building permit (must be done in writing) 35% of building permit fee paid ‐ request
must be made within 180 days of original
payment
per request
Building Permit/Plan Check Commercial:
Commercial/Tenant Building Permit & Additions (Includes Permit and
Plan Review)
Area with A/C $0.80 per square foot
Covered Area (non A/C)$0.65 per square foot
Commercial Remodel (Existing)
Area with A/C $585.00 for 3,000 square feet plus $0.20
per square foot thereafter
Covered Area (non ‐ A/C) $275.00 for 3,000 square feet plus $0.09
per square foot thereafter
Description Adopted Fee Units
TOWN OF FOUNTAIN HILLS
COMPREHENSIVE FEE SCHEDULE
FISCAL YEAR 2024‐2025
Apartments/Condominiums
Livable Area with A/C $1.10 per square foot
Covered Area (non ‐ A/C)$0.75 per square foot
Landscape Plan Review $50.00 per request
Miscellaneous Permits (Plan Review Fee is Separate) $13.00 per permit
Minimum Permit (one discipline) $140.00 per permit
Sign Permit, less than 32 square feet (New/Modified) $85.00 per permit
Sign Permit, 32 or greater square feet (New/modified) $105.00 per permit
Miscellaneous Plan Review or Inspection ( 1 hour minimum) $115.00 per hour
Revisions to Approved Plans $170.00 per hour
Plumbing ‐ Water heater replacement/solar
(minor)
$140.00 per request
Mechanical ‐ HVAC replacement (minor) $140.00 per request
Electrical ‐ panel repair (minor) $150.00 per request
Demolition (minor)$60.00 per request
Third‐Party or Expedited Plan Review & Inspections Actual costs for third party
Plan Review Add On (After 3rd Review) 50% of Bldg Permit/Plan Review Fee per review
Reinspection Fee $170.00 per inspection
Permit Extensions ‐ Commercial new construction only (If Town has all
records and within current Code cycle)
$460.00 per extension
Permit Extensions ‐ Commercial remodel only (If Town has all records
and within current Code cycle)
$120.00 per extension
Penalty for failure to obtain a building permit 50% of Bldg Permit/Plan Review Fee per incident
Refund for cancelled Commercial
Building permit (must be done in writing)
35% of building permit fee paid ‐ request
must be made within 180 days of original
payment
per request
Appeal of Decision by Building Official/Fire Marshall $1,000.00 All fees include up to 3 reviews
by staff. Any additional reviews will be
subject to an additional fee equal to 25%
of the original fee.
Development Fees (Adopted by Resolution 2020‐03)
Single Family Residential $3,973.00 per dwelling
Multi ‐ Family Residential $2,537.00 per dwelling
Commercial $3.82 per square foot
Office $2.45 per square foot
Institutional $2.86 per square foot
Industrial $1.29 per square foot
(Above fees are split between Parks & Recreation, Fire, and Streets development fees. See Resolution for allocations.)
Description Adopted Fee Units
TOWN OF FOUNTAIN HILLS
COMPREHENSIVE FEE SCHEDULE
FISCAL YEAR 2024‐2025
Development Services ‐ Miscellaneous
Maps:
8 1/2" x 11"$3.00 per map
11" x 17" Street/Index Map "Typical" $5.00 per map
11" x 17" Aerial Site Plan $18.00 per map
24" x 36" Custom Map $20.00 per map
36" x 36" Bldg/Plat/Zoning Map $25.00 per map
60" x 60" Street/Bldg/Develop/Plat/Plot $35.00 per map
Map Book $100.00 per map book
Other:
Easement or Right‐of‐Way Abandonment $730.00 per request
Hillside Protection Reconfiguration and/or Replacement of Hillside
Protection Easement
$350.00 per request
Revocation Administrative Fee $60.00 per request
Engineering Plan Review Fee / Final Plat Improvement $1,610.00 per request
New/Address Change $50.00
Third‐Party or Expedited Plan Review & Inspections Actual costs for third party
Inspections not associated with an active Building Permit $60.00 per inspection
Off‐Hours Inspections (Nights & Weekends) $85.00 per inspection
Fire Fees
Residential Automatic Sprinkler System
Plan Review/Inspection
$340.00 for up to 4,400 square feet then
$0.08 per square foot
Commercial Automatic Sprinkler System
Plan Review/Inspection
$340.00 for the first 3,000 square feet
then $0.11 per square foot
Commercial Auto Sprinkler System
Modification Plan Review/Inspection
$195.00 per request
Commercial Hood System Plan
Review/Inspection
$290.00 per request
Commercial Fire Alarm System Plan
Review/Inspection
$385.00 per request
Commercial Fire Alarm System
Modification Plan Review/Inspection
$385.00 per request
Residential LPG Installation
Review/Inspection
$170.00 per request
Annual Adult Residential Group Care
Inspection
$130.00 per request
Annual Commercial Fire Inspection Fee $0.00 per request
Tent Permit Fee (any tent over 200 square feet
& any canopy over 400 square feet)
$65.00 per request
Reinspection Fee (beyond one re‐check) $150.00 per request
Inter‐Agency Educational Charges Actual Cost pre‐paid
Fire Dept Personnel ‐ 4 hour minimum $52.00 per hour
Abatement Fees:
Inspection fee $340.00 per hour
Reinspection fee $340.00 per inspection
Description Adopted Fee Units
TOWN OF FOUNTAIN HILLS
COMPREHENSIVE FEE SCHEDULE
FISCAL YEAR 2024‐2025
Services:
Notarization $2.00 per request
Affix Town Seal $5.00 per request
Returned Check Fee $50.00 per check
Convenience Fee ‐ credit card payment $4.00 per transaction
Art Commission $35.00 per transaction
Copies
Photocopies 8 1/2 x 11 $0.65 per page
Photocopies 8 1/2 x 14 $0.70 per page
Photocopies 11 x 17 $0.75 per page
Reports:
License Report (Non ‐ Commercial Use) $30.00 CD or hard copy
License Report (Commercial Use) $30.00 CD or hard copy
Business License Fees:
New Business License $50.00 per application and first
year fee ‐ non‐refundable
Annual renewal fee for business within the Town limits $35.00 per renewal
Annual renewal fee for business without a fixed place of business
within the Town limits
$50.00 per renewal
Late fee for renewal of business license fee 25% of renewal fee per renewal
Penalty for operating a business without a license $150.00 per incident
Peddlers, solicitors and mobile merchants $250.00 calendar quarter or
fraction thereof ‐ non‐
refundable
Peddler investigation fee (per person) $55.00 per person
Promoters of entertainments, circuses, bazaars, etc., who receive a
percentage of receipts or other consideration for their services. Each
such promoter shall also obtain liability insurance of a minimum of $1
million naming the Town as insured.
$150.00 per week
Handbill Distributor $50.00 per day
Amusement Company, such as ferris wheel, merry ‐ go ‐ round, etc.,
not part of a circus. Tent Show. Wrestling Exhibition. Road Show,
Carnival or Circus.
$150.00 per day
Practice of palmistry, phrenology, astrology, fortune telling, mind
reading, clairvoyancy, magic or any healing practices not licensed by
the State of Arizona, or any similar calling without a fixed place of
business
$50.00 per day
Duplicate Business License $15.00 per request
Verification of License Letter $15.00 per request
Finance
Description Adopted Fee Units
TOWN OF FOUNTAIN HILLS
COMPREHENSIVE FEE SCHEDULE
FISCAL YEAR 2024‐2025
False Alarm Service Charges:
First and Second $0.00 each
Third $100.00 each
Fourth $150.00 each
Fifth and Sixth $175.00 each
Seventh or more $275.00 each
Wireless Communications:Per State Statute
Wireless Tower Lease $4.75 per square foot
Lease Agreement Application Fee, each location $285.00 per location ‐ non‐
refundable
Amendments to Cell Tower Lease Agreements $285.00 per location ‐ non‐
refundable
Small Cell Wireless Facilities: (all fees are non‐refundable)
ROW Use Fee $50.00 year x number of small
wireless facilities (SWF)
Authority utility pole attachment $50.00 year per utility pole
attachment
Small Wireless Facilities (SWF) collocation $100.00 per SWF up to five
Small Wireless Facilities (SWF) collocation $50.00 for SWF over five
Batched applications for up to 25 SWF's $100.00 per SWF up to five
Batched applications for up to 25 SWF's $50.00 per SWF 6 ‐ 20 sites
Applications for new, replacement or modified utility poles NOT
subject to zoning review
$750.00 per application
Applications for new, replacement or modified utility poles and
collocation of wireless facilities subject to zoning review
$1,000.00 per application
Alcohol License Application:
Person Transfer Fee $200.00 per request
Location Transfer Fee $200.00 per request
Probate/Will Assignment/Divorce Decree $200.00 per request
Extension of Premise $200.00 per request
Sampling Permit $200.00 per request
Acquisition of Control/Restructure/Agent Change $200.00 per request
Description Adopted Fee Units
TOWN OF FOUNTAIN HILLS
COMPREHENSIVE FEE SCHEDULE
FISCAL YEAR 2024‐2025
Initial/Interim Application Fee
01 ‐ In State Producer $600.00 per request
02 ‐ Out of State Producer $600.00 per request
03 ‐ Domestic Microbrewery $600.00 per request
04 ‐ In State Wholesaler $600.00 per request
05 ‐ Government $600.00 per request
06 ‐ Bar, All Spirituous Liquors $600.00 per request
07 ‐ Beer & Wine Bar $600.00 per request
08 ‐ Conveyance $600.00 per request
09 ‐ Liquor Store $600.00 per request
10 ‐ Beer & Wine Store $600.00 per request
11 ‐ Hotel/Motel $600.00 per request
12 ‐ Restaurant $600.00 per request
13 ‐ Domestic Farm Winery $600.00 per request
14 ‐ Private Club $600.00 per request
Alcohol Permit Renewal $200.00 per year
Environmental Fees:
per residential solid waste account $0.00 per month
per multifamily solid waste account (with a range for number of units $0.00 per month
commercial solid waste accounts (license fee and/or cost per
commercial account)
$0.00 per month
Late fee for paying the environmental fee $0.00
Short‐Term/Vactation Rentals
Annual Registration Fee $250.00 per year
Excavations/In‐Lieu Fees:
Base fee (per excavation)$250.00 Base fee
Trench cut fees:
Newly paved or overlayed 0 ‐ 1 yrs. $55.00 per linear foot
Newly paved or overlayed 1 ‐ 2 yrs. $45.00 per linear foot
Newly paved or overlayed 2 ‐ 3 yrs. $35.00 per linear foot
Newly paved or overlayed 3 ‐ 4 yrs. $25.00 per linear foot
Newly paved or overlayed 4 ‐ 5 yrs. $15.00 per linear foot
Newly paved or overlayed 5 ‐ 6 yrs. $10.00 per linear foot
Slurry or chip sealed 0 ‐ 2 years $4.00 per linear foot
Pavement replacement greater than 300 feet in length $2.50 per square yard
Utility Pit fees:
Newly paved or overlayed 0 ‐ 1 yrs. $5.50 per square foot
Newly paved or overlayed 1 ‐ 2 yrs. $4.50 per square foot
Newly paved or overlayed 2 ‐ 3 yrs. $3.50 per square foot
Newly paved or overlayed 3 ‐ 4 yrs. $2.50 per square foot
Newly paved or overlayed 4 ‐ 5 yrs. $1.50 per square foot
Newly paved or overlayed 5 ‐ 6 yrs. $1.00 per square foot
Slurry or chip sealed 0 ‐ 2 years $5.00 per square foot
Public Works
Description Adopted Fee Units
TOWN OF FOUNTAIN HILLS
COMPREHENSIVE FEE SCHEDULE
FISCAL YEAR 2024‐2025
Adjustment (MH, valve, monument, etc.) $500.00 each
Striping $3.00 per linear foot
Lane Markers $175.00 each
Stop Bars $3.00 per square foot
Crosswalks $3.00 per square foot
RPMs $7.00 each
Seal‐Coat $3.00 per square yard
Encroachment/Engineering Permits:
Base Permit Fee $200.00
2"/6" Paving A.C.$2.25 per square foot
Permanent Barricading $220.00 each
Guard Rail/Hand Rail $1.50 per linear foot
Survey Monuments $145.00 each
Concrete Aprons $145.00 each
Scuppers $145.00 each
Review for Adjustments MH, etc. $145.00 each
4" Paving ‐ PC Concrete $1.45 per square foot
Decorative Sidewalk or Paving $2.70 per linear foot
Sidewalk & Bike path $2.70 per linear foot
Curb & Gutter $1.70 per linear foot
Valley Gutter $1.45 per linear foot
Sign (regulator, street etc.)$145.00 each
Pavement Cuts $1.45 per linear foot
Driveway/Driveway Modifications $145.00 each
Utility, Water Line, Sewer Line Trench ‐ Paved $2.00 per linear foot
Utility, Water Line, Sewer Line Trench ‐ Unpaved $1.45 per linear foot
Storm Drain Pipe $1.70 per linear foot
Catch Basins, Headwells $145.00 each
Cutoff Walls $1.45 per linear foot
Slope Protection $1.45 per square yard
Rip Rap $1.45 per square yard
Retaining Wall $1.45 per linear foot
Cut/Fill (Materials Moved)$2.00 per cubic yard
Box Culverts 5% of engineer estimate
Miscellaneous 5% of engineer estimate
Landscaping 5% of engineer estimate
Irrigation 5% of engineer estimate
Lighting 5% of engineer estimate
Grading 5% of engineer estimate
Utility Splice/Repair Pits Up to 25 square feet (outside pvmt) $140.00 flat fee
Other 5% of engineer estimate
Description Adopted Fee Units
TOWN OF FOUNTAIN HILLS
COMPREHENSIVE FEE SCHEDULE
FISCAL YEAR 2024‐2025
In Lieu Payments n/a n/a
Traffic Control Plan Review $170.00 per request
Engineering Plan Review Fee $575.00 per sheet (includes three
reviews) $190 per sheet for each
subsequent review
per sheet
Failure to obtain an Encroachment Permit $230.00 per incident
Failure to obtain a Final Inspection $170.00 per incident
Reinspection Fee $150.00 per incident
Investigation Fee for Work Done Without
Permit
$400.00 or the permit fee, whichever is
greater, but not to exceed $2,500.00 for
every day or a portion of a day from the
time unpermitted work began until a
permit is obtained.
per incident
Land Disturbance Fee $10.00 per square foot
plus revegetation
per square foot
Oversize/Overweight Vehicle Permit $250.00 per permit
Haul Route Permit (greater than or equal to 500 cubic yards) $160.00 per permit
Failure to barricade or improper barricading $1,00.00 to $5,000.00 per incident
Permit Extension $50.00 per request
Penalty for work w/o permit 50% of Permit Fee per incident
Minimum Plan Review $115.00 per hour
Traffic Study ‐ Cost to recover staff time and materials $150.00 base fee plus $50.00 per
additional location request
per request
Public Works ‐ Miscellaneous
Adopt a Street:
Fee, per sign $60.00 per request
Honorary Street Naming:
Application Fee and Sign $300.00 per application
Electric Vehicle Charging
Charging Station Fee ‐ 2 hour maximum $2.00 per hour
FY25 Final Budget
Paul Soldinger, Chief Financial Officer
June 4, 2024
FY25 Final Budget
Public FY25 Budget Meetings
•February 14th –Budget Open House & Public Outreach
•February 27th –Council Retreat *
•March 26th –Capital Projects Work Session
•April 9th –Budget Work Session (Proposed Budget)
•May 7th –Tentative Budget adoption
•June 4th –Final Budget adoption
* Click links for presentation and recorded meetings
Final Budget for Adoption
•Tentative Budget was adopted on May 7, 2024
•Set maximum FY25 budget at $45,151,633
•Council moved 1 project to Capital Projects contingency
•$1.8M in General Fund contingency
•$5.0M in Streets Fund for Pavement Maintenance ($7.1M total in Streets Fund)
•General Fund budgeted expenditures (excluding contingency)
•$23.1M for FY23-24
•$24.0M for FY24-25
•4% increase
Final Projected Revenues by Fund
$25.8 million $25.8 million $25.8 million $25.8 million
General Fund
Streets Fund Cap Projects Fund Other Funds
$25.8 Million
$4.4 Million $3.6 Million $2.4 Million
Total Projected Revenues = $36.2M
Final Budgeted Expenditures by Fund
$25.8 million $25.8 million $25.8 million $25.8 million
General Fund
Streets Fund Cap Projects Fund Other Funds
$25.8 Million
$7.1 Million $9.1 Million $3.2 Million
Total Budgeted Expenditures = $45.2M
Fiscal Year 2025 Changes from Prior Year
Projected Revenues $ 36,277,981 $ 36,197,373 $ (80,608)-0.2%
Budgeted Expenditures $ 43,057,708 $ 45,151,633 $ 2,093,925 4.9%
ELR Exclusions $ 8,606,788 $ 9,449,491 $ 842,703 9.8%
Expenditure Limitation $ 34,364,380 $ 35,588,003 $ 1,223,623 3.6%
Budgeted Amounts FY2024 FY2025 Difference % Difference
Budget Comparisons
Municipality Primary
Property Tax
Secondary
Property Tax
FY23-24 Budgeted
Expenditures
Population
(2023 Census)
Expenditures
Per Capita
Tempe Yes Yes $ 1,348,627,595 189,834 $ 7,104
Scottsdale Yes Yes $ 2,533,270,561 244,394 $ 10,366
Queen Creek Yes $ 867,120,999 76,570 $ 11,325
Paradise Valley $ 56,349,762 12,502 $ 4,507
Mesa Yes $ 2,560,000,000 511,648 $ 5,003
Gilbert Yes $ 2,049,501,300 275,411 $ 7,442
Fountain Hills $ 43,057,708 23,611 $ 1,824
Chandler Yes Yes $ 1,656,274,385 280,167 $ 5,912
Cave Creek $ 56,555,961 5,152 $ 10,977
Carefree $ 14,801,859 3,642 $ 4,064
Apache Junction $ 119,300,148 41,153 $ 2,899
East Valley Municipality Comparisons for FY 2023-24
FY25 Capital Projects
Capital Projects In Final Budget
•All Capital Projects included in Tentative Budget other than 1 modification by Council.
•13 Green Light Projects totaling $5.2M
•6 Yellow Light Projects totaling $4.3M*
FY25 Capital Projects
*Includes $1M planned budget transfer
Council Questions?
ITEM 9. C.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 06/04/2024 Meeting Type: Town Council Regular Meeting
Agenda Type: Regular Agenda Submitting Department: Administration
Prepared by: Aaron D. Arnson, Town Attorney
Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION AND POSSIBLE
ACTION: Waiving attorney-client privilege for limited purpose of releasing draft wireless facilities
ordinance.
Staff Summary (Background)
In June 2023, the Town Council directed the Town Attorney's Office to retain attorney Andrew
Campanelli to draft a wireless facilities ordinance for consideration and adoption. Mr. Campanelli
provided a draft ordinance in July 2023. Both the Town Attorneys' office and Development Services
Director John Wesley reviewed the draft ordinance and presented a number of questions, comments,
and suggested revisions in August 2023.
In October and November 2023, the Council received legal advice from Town Attorney Aaron
Arnson and Mr. Campanelli, in executive session, regarding the ordinance's potential risks and legal
effects. Upon consideration of this legal advice, the Council directed Town Attorney Arnson to
terminate the agreement with Mr. Campanelli and to work with staff to utilize those portions of the
draft wireless ordinance, as appropriate, to form a staff-led ordinance for Council consideration and
adoption.
Some members of the Planning and Zoning Commission and at least two members of the public have
requested a copy of the draft ordinance. (It is unclear whether the request includes just the text of the
ordinance itself, or also includes a copy of staff's questions, comments, and suggested revisions.)
Because the draft ordinance and associated staff analysis was prepared in the course of legal
representation, the document is confidential and attorney-client privileged. Moreover, because the
attorney-client privilege belongs to the client, only the Council can waive privilege, if the Council
desires to do so.
Related Ordinance, Policy or Guiding Principle
N/A
Risk Analysis
The Town Attorney's office has advised the Council in a privileged setting about the potential benefits
and drawbacks of waiving the attorney-client privilege and releasing the document.
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
For the reasons previously stated in a privileged setting, staff recommends maintaining the
attorney-client privilege in this instance. This is, however, a Council-directed policy decision, and the
Council may choose to waive the privilege if it so desires.
SUGGESTED MOTION
If the Council wishes to waive attorney-client privilege, staff suggests one of the following two
motions:
MOVE to waive attorney-client privilege with respect to releasing only the text of the draft
wireless facilities ordinance; or
1.
MOVE to waive attorney-client privilege with respect to releasing both the text of the draft
wireless facilities ordinance and staff's questions, comments, and suggested revisions to the
draft ordinance.
2.
If the Council does not wish to waive attorney-client privilege, no motion is required.
Form Review
Inbox Reviewed By Date
Town Attorney Aaron D. Arnson 05/24/2024 02:47 PM
Town Manager Linda Mendenhall 05/24/2024 05:53 PM
Town Attorney Aaron D. Arnson 05/27/2024 03:52 PM
Town Manager Rachael Goodwin 05/28/2024 07:28 AM
Form Started By: John Wesley Started On: 05/22/2024 12:02 PM
Final Approval Date: 05/28/2024
ITEM 9. D.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 06/04/2024 Meeting Type: Town Council Regular Meeting
Agenda Type: Regular Agenda Submitting Department: Development Services
Prepared by: John Wesley, Development Services Director
Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION AND POSSIBLE
ACTION: Expanding the review of Zoning Ordinance Chapter 17, Wireless Telecommunications
Towers and Antenna, to include review of Town Code Article 16-2, Small Wireless Facilities, and
authorizing the Planning and Zoning Commission to provide a recommendation to the Town Council
regarding modifications to these ordinances.
Staff Summary (Background)
Based on some citizen concerns, the Council has directed staff to work with the Planning and Zoning
Commission (the “Commission”) to update Chapter 17 of the Zoning Ordinance. This chapter provides
the rules and regulations for wireless telecommunication towers and antennas. As the Commission
has reviewed this ordinance and received input from citizens, they have found that many of their
concerns center on the allowance for small cell wireless facilities in the public right-of-way. The
regulations for small cell wireless facilities are codified in Article 16-2 of the Town Code, rather than in
the Zoning Ordinance. Section 2A-5 of the Town Code establishes the Planning and Zoning
Commission. Subsection 4 lists the duties of the Commission and includes:
E. Make recommendations to the Council on all matters concerning or relating to the creation of
Zoning Ordinances, the boundaries thereof, the appropriate regulations to be enforced therein, and
amendments of the Town of Fountain Hills Zoning Ordinance. The duties of this Commission do not
include reviewing or making recommendations to other portions of the Town Code. Because the
Commission has no jurisdiction to review and recommend amendments to this portion of the Town
Code, the Commission is seeking Council approval to also consider small cell wireless facilities in the
right-of-way as part of their review and recommendations.
Essentially, the Commission’s request is to expand the scope of the Commission’s review to include
both wireless telecommunication towers and antennae and small cell wireless facilities in the
right-of-way. Although this is a policy question for Council consideration, there are several
considerations that may factor into the Council's decision on the Commission’s request.
Consideration 1. Local jurisdictions have very limited control over the placement and development
of small cell wireless facilities located in the public right-of-way. Staff have provided, as an
attachment to this report, a summary of state statutes regarding small cell wireless facilities found in
A.R.S. Title 9. State statutes allow very limited local control over small wireless facilities, and in fact,
A.R.S. Title 9. State statutes allow very limited local control over small wireless facilities, and in fact,
are more restrictive in several respects than their federal counterparts. Specifically, A.R.S. 9-592(J)
provides that facilities that meet the State’s requirements and height parameters are “not subject to
zoning review.” Likewise, A.R.S. 9-592(K) provides that a local government “shall approve” an
application for small cell wireless facilities in the right of way except under limited circumstances. An
expansion of the Commission’s scope of review to include small wireless facilities would open review
over a subset of wireless facilities over which local governments have very limited authority in the
first place. Staff are concerned that expanding the scope of review would tend to confuse the issues
and lead to proposed amendments that contradict state law.
Consideration 2. Placement Chapter 16 of the Town Code appears to have been intentional.
Although most cities and towns appear to have included regulations for small cell wireless facilities in
their zoning ordinance, along with the regulations for all other wireless telecommunications facilities,
the Town of Fountain Hills placed its regulations in Chapter 16, Streets and Sidewalks, of the Town
Code. This may have been done for at least two reasons. First, these facilities are located in the public
right-of-way and should be considered and addressed along with other facilities included in the
development and maintenance of the right-of-way. Compared to most other communities, the Town
has very few existing streetlights, power poles, or traffic signals to which a small cell facility could be
attached or co-located. Therefore, if small cell facilities are going to be developed, they are mostly
going to be on new structures along with the associated underground equipment, all of which will be
along the street within the right-of-way. Consistency with other development standards is an
important consideration for these regulations. Second, the Town’s restrictions are
appropriately insulated from Commission review and approval. Section 16-2-3 of the Town Code
establishes the parameters and process for consideration of a small cell wireless facility in the
right-of-way. The process for approval of such a facility includes entering into a lease agreement with
the Town, agreeing to follow the Wireless Facilities Standard Terms and Conditions, the Town’s Design
Standards and Guidelines, receiving an encroachment permit, and approval of a building permit. The
bulk of the Town's requirements related to this type of development are contained in the terms and
conditions document and the design guidelines. Any proposed changes to the requirements for these
facilities will likely mean making changes to the terms and conditions, not ordinance language. Such
changes are the prerogative of the Council acting through Town staff, and not within the purview of
the Commission.
Consideration 3. Expanding the scope of the Commission’s review will almost certainly prolong the
project.
This project has been ongoing since at least January 2023, when the Council retained its first
consultant. Staff received Council direction in November 2023 to draft proposed amendments to
Chapter 17 of the Zoning Ordinance; seek Commission recommendations; and bring the amendments
and recommendations to the Council for consideration. Staff have executed the Council’s clear
direction. Staff have drafted proposed amendments. Those proposed amendments were first
introduced to the Commission at the Commission’s April 2024 meeting, and the Commission held a
public hearing on the proposed amendments at its May 2024 meeting. The Commission continued the
hearing and consideration of the proposed amendments to its July 2024 meeting. The proposed
amendments are expected to come to the Council for consideration and adoption likely in September
2024. Should the scope of the project be expanded to include Town Code Chapter 16-2, including
accompanying terms and conditions and agreements, the Commission’s review will almost certainly
be prolonged. Staff anticipate that the proposed amendments would not come before the Council
until mid to late 2025.
Consideration 4. The proposed expanded scope would not address newly identified concerns about
broadband services. It should be noted that there seems to be an ongoing concern about small cell
facilities used for broadband service. There is no distinction in state statutes that permit regulation of
a small cell facility based on intended use—i.e., small wireless facilities are treated the same, whether
they are intended for voice or data service. Further, staff have not found any distinctions in other
codes that regulate data differently than voice services on wireless communication antenna.
Related Ordinance, Policy or Guiding Principle
Zoning Ordinance Chapter 17
Town Code Article 16-2
Risk Analysis
N/A
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
The decision where to place the regulations for small cell wireless facilities in the right-of-way is a
policy decision for the Council, as is the decision whether the Commission should review and make
recommendations for any modifications. Options staff have identified are:
Leave things as they are and direct the Commission to confine their review strictly to Chapter
17 of the Zoning Ordinance, consistent with the Council's previous direction.
1.
Leave things as they are but direct the Commission to provide suggestions for modifications to
Article 16-2 and/or the Wireless Facilities Standards Terms and Conditions and the Town's
Design Standards and Guidelines.
2.
Leave things as they are but direct the Commission to review and provide recommendations to
both Chapter 17 of the Zoning Ordinance and Article 16-2 of the Town Code along with the
associated documents.
3.
Direct the staff and Commission to include small cell wireless in the right-of-way as part of the
update to Chapter 17 of the Zoning Ordinance and eliminate Article 16-2 from the Town Code.
4.
Staff recommends Option 1 to ensure timely completion of this longstanding project and to allow staff
to allocate time and attention to other matters. In the alternative, the Council may consider Option 2,
which would allow the Commission to informally make recommendations related to Chapter 16-2 of
Town Code but would not delay the project. Options 3 and 4 are not staff recommended.
SUGGESTED MOTION
MOVE to approve Option 1 or Option 2
Attachments
Summary of Statutes
Form Review
Inbox Reviewed By Date
Development Services Director (Originator)John Wesley 05/22/2024 03:24 PM
Finance Director Linda Mendenhall 05/22/2024 03:35 PM
Development Services Director (Originator)John Wesley 05/24/2024 10:14 AM
Finance Director Linda Mendenhall 05/24/2024 05:50 PM
Town Attorney Aaron D. Arnson 05/29/2024 01:04 PM
Town Manager Rachael Goodwin 05/29/2024 02:19 PM
Form Started By: John Wesley Started On: 05/22/2024 12:29 PM
Final Approval Date: 05/29/2024
Summary of Statutes re: Small Cell Wireless Facilities
Small cell wireless facilities are defined in ARS 9-591 as:
19. "Small wireless facility" means a wireless facility that meets both of the following qualifications:
(a) All antennas are located inside an enclosure of not more than six cubic feet in volume or, in the case of
an antenna that has exposed elements, the antenna and all of the antenna's exposed elements could fit
within an imaginary enclosure of not more than six cubic feet in volume.
(b) All other wireless equipment associated with the facility is cumulatively not more than twenty-eight
cubic feet in volume, or fifty cubic feet in volume if the equipment was ground mounted before August 9,
2017. The following types of associated ancillary equipment are not included in the calculation of
equipment volume pursuant to this subdivision:
(i) An electric meter.
(ii) Concealment elements.
(iii) A telecommunications demarcation box.
(iv) Grounding equipment.
(v) A power transfer switch.
(vi) A cutoff switch.
(vii) Vertical cable runs for the connection of power and other services.
ARS 9-592 includes the following:
I. Subject to subsection K, paragraph 2, subdivision (c) of this section, a new, replacement or modified utility pole
that is associated with the collocation of small wireless facilities and that is installed in the right-of-way is not
subject to zoning review and approval under section 9-594 if the utility pole does not exceed the greater of either:
1. Ten feet in height above the tallest existing utility pole, other than a utility pole supporting only wireless
facilities, that is in place on August 9, 2017, that is located within five hundred feet of the new, replacement
or modified utility pole and that is in the same right-of-way within the jurisdictional boundary of the
authority, but not more than fifty feet above ground level.
2. Forty feet above ground level.
J. New small wireless facilities collocated on a utility pole or wireless support structure in the right-of-way are not
subject to zoning review and approval if they do not extend more than ten feet above the utility pole or wireless
support structure and do not exceed fifty feet above ground level.
K. An authority may require an application under this section for the installation of new, replacement or modified
utility poles associated with the collocation of small wireless facilities. An authority shall approve an application
unless the authority finds that the utility pole fails to comply with any of the following:
1. Applicable codes.
2. Local code provisions or regulations that concern any of the following:
(a) Public safety.
(b) Objective design standards and reasonable stealth and concealment requirements.
(c) Undergrounding requirements that prohibit the installation of new or the modification of existing utility
poles or monopoles in a right-of-way without prior approval, if such requirements include a waiver, zoning
or another process that addresses requests to install such new utility poles or monopoles or modify such
existing utility poles or monopoles and do not prohibit the replacement of utility poles or monopoles.
3. Requirements that are imposed by a contract between an authority and a private property owner and that
concern design standards applicable to utility poles in the right-of-way.
In ARS 9-593 it states the following:
C. Subject to this section and section 9-592, subsection J, a small wireless facility is classified as a permitted use and
is not subject to zoning review or approval if the small wireless facility is collocated in a right-of-way in any zone.
ARS 9-594 D and E state:
D. An authority may not:
1. Require an applicant to submit information about the applicant's business decisions regarding the need
for the monopole, utility pole or wireless facilities.
2. Require an applicant to submit information about, or evaluate an applicant's business decisions
regarding, the applicant's service, customer demand for service or quality of service.
3. Institute, either expressly or de facto, a moratorium on filing, receiving or processing applications or
issuing decisions for modifications or installations that are not a permitted use.
E. An authority, in addition to other rights the authority has under federal, state or local law, may:
1. Adopt reasonable requirements regarding the appearance and concealment of facilities, including those
relating to materials used for arranging, screening or landscaping.
2. Adopt setback or fall zone requirements that are substantially similar to setback or fall zone requirements
that are imposed on other types of commercial structures of a similar height.
ITEM 9. E.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 06/04/2024 Meeting Type: Town Council Regular Meeting
Agenda Type: Regular Agenda Submitting Department: Administration
Prepared by: David Trimble, Deputy Town Manager/Admin. Serv. Dir.
Staff Contact Information: David Trimble, Deputy Town Manager/Admin. Serv. Dir.
Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION AND POSSIBLE
ACTION: Resolution 2024-30, approving one of the Intergovernmental Agreement renewals presented
to Council with the Regional Public Transit Authority - Valley Metro, relating to transit services in
Fountain Hills.
Staff Summary (Background)
The Town and the Regional Public Transportation Authority (RPTA), also known as Valley Metro, have
established annual Intergovernmental Agreements (IGAs) for many years to provide transit services.
Each fiscal year, an updated IGA is presented to the Town Council for consideration. This year, in light
of an anticipated budget deficit, low bus ridership, and additional changes related to Proposition 479,
staff is proposing alternative options for discussion and potential action by the Town Council.
Currently, the Town offers two transportation services - the 515 Express bus and RideChoice. These
services are made possible through an IGA with the RPTA and are financially supported solely by two
different regionally allocated public transportation funding sources. No General Fund monies have
been budgeted or spent on public transit. It is assumed that the Town’s intent is to continue allocating
$0 from the General Fund for public transit services. However, expenses associated with these two
public transit services exceed the amount offset by regionally allocated public transportation funding.
This means that the public transportation budget is in a structural deficit. Changes are necessary to
avoid needing to supplement these services with General Fund monies.
Additionally, we have recently learned that the enabling language for Proposition 479 will prohibit the
use of one of the two regional transit funding sources for the RideChoice program. (Please see the
“What is Prop 479” attachment from the Maricopa Association of Governments’ website). Therefore,
staff will provide some alternatives for Council discussion. Unfortunately, the proposed alternatives do
not solve the structural budget problem. Nevertheless, two of the suggestions offer the opportunity
to secure funding for reduced transit programs for several more years.
Please see the full staff report for additional details.
Related Ordinance, Policy or Guiding Principle
Transit Services
Risk Analysis
N/A
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
Approve one of the three options presented.
SUGGESTED MOTION
MOVE to approve Resolution 2024-30
Fiscal Impact
Fiscal Impact:$0 General Fund
Budget Reference:Fund 400
Funding Source:Regional Public Transportation Funds
If Multiple Funds utilized, list here:Prop 400 PTF, and Arizona Lottery Transit Funds
Budgeted: if No, attach Budget Adjustment Form:Yes
Attachments
Full Staff Report with Details_Transit
Presentation Transit
Prop 479 Info Sheet from MAG website
Low Cost Transportation FH
No Change Status Quo - Cash Flow
Simple Change Cease Bus_Cash Flow
Replace Bus with Expanded RideChoice Option_Cash Flow
Transit Options Timing and Budget
IGA No Change Version
IGA Simple Change delete 515 Bus
IGA_Replace Bus with Expanded RideChoice
Original 2014 Agreement_Res
Resolution_No Change
Resolution Simple Change No Bus
Resolution Replace Bus Expanded RideChoice
Form Review
Inbox Reviewed By Date
Town Attorney Linda Mendenhall 05/23/2024 04:58 PM
Deputy Town Manager/Admin. Services David Trimble 05/23/2024 06:49 PM
Finance Director Linda Mendenhall 05/23/2024 09:07 PM
Deputy Town Manager/Admin. Services David Trimble 05/24/2024 10:37 AM
Finance Director David Pock 05/28/2024 07:44 AM
Town Attorney Aaron D. Arnson 05/28/2024 07:48 AM
Town Manager Rachael Goodwin 05/28/2024 06:12 PM
Form Started By: David Trimble Started On: 05/22/2024 11:24 AM
Final Approval Date: 05/28/2024
The Town and the Regional Public Transportation Authority (RPTA), also known as Valley
Metro, have established annual Intergovernmental Agreements (IGAs) for many years to provide
transit services. Each fiscal year, an updated IGA is presented to the Town Council for
consideration. This year, in light of an anticipated budget deficit, low bus ridership, and
additional changes related to Proposition 479, staff is proposing alternative options for
discussion and potential action by the Town Council.
Currently, the Town offers two transportation services - the 515 Express bus and RideChoice.
These services are made possible through an IGA with the RPTA and are financially supported
solely by two different regionally allocated public transportation funding sources. No General
Fund monies have been budgeted or spent on public transit. It is assumed that the Town’s intent
is to continue allocating $0 from the General Fund for public transit services. However, expenses
associated with these two public transit services exceed the amount offset by regionally allocated
public transportation funding. This means that the public transportation budget is in a structural
deficit. Changes are necessary to avoid needing to supplement these services with General Fund
monies.
Additionally, we have recently learned that the enabling language for Proposition 479 will
prohibit the use of one of the two regional transit funding sources for the RideChoice program.
(Please see “What is Prop 479” included below from the Maricopa Association of Governments’
website.) Therefore, staff will provide some alternatives for Council discussion. Unfortunately,
the proposed alternatives do not solve the structural budget problem. Nevertheless, two of the
suggestions offer the opportunity to secure funding for reduced transit programs for several more
years.
Current Transit Services Overview
One of the two current transit services offered through the IGA with RPTA is the 515 Express
Bus route. This service operates twice in the morning and twice in the afternoon, traveling
between the bus stop at the library near Town Hall and the Gilbert Road & McDowell Rd/Route
202 park-and-ride. The 515 Express bus service has experienced very low ridership, averaging
only 1 or 2 riders per week. Notably, the ridership reports for February and March 2024
indicated zero riders.
The other current transit service is the RideChoice program, an on-demand, discounted
transportation service that includes Uber, taxicabs, and wheelchair-accessible vehicles if needed.
Currently, this service is available only to residents with disabilities and/or those aged 65 and
older. Ridership for the RideChoice program has been steady and gradually increasing over the
years. It is projected that the RideChoice program will provide over 1,500 rides to Fountain Hills
residents this fiscal year.
Current Funding Sources and Budget Shortfall
Both transit programs are currently funded by two regional sources designated exclusively for
public transportation. The Town receives funding through the countywide 0.5% sales tax fund,
known as the Public Transportation Fund (PTF) established by Proposition 400. We just recently
learned that PTF monies will not be allowed to be used for the RideChoice program after January
1, 2026. The impact of this will be to limit how long the Town can operate the program in its
current form. The second source of funding is the Arizona Lottery Fund (ALF), with a portion
allocated to each RPTA member city based on population.
The 515 Express bus service and the RideChoice programs can operate despite the structural
budget deficit and without using Town General Fund monies because the Town currently has a
balance of Arizona Lottery Fund (ALF) monies available for operations. However, this balance
is steadily decreasing and is projected to be fully exhausted between July 2026 and June 2027
(fiscal year 2027). Therefore, staff is proposing several alternatives for the Council to consider,
including three versions of a proposed IGA with RPTA, each representing a different option.
Three Transit Alternatives
No Change – Status Quo
As mentioned, the existing cash balance of ALF monies is not projected to run out for two more
fiscal years, so one alternative is to make no changes this fiscal year and wait to revisit this topic
at a later date. This would keep both the 515 bus service and the current RideChoice programs in
place and unchanged. In the next fiscal year, the Town would spend down approximately
$48,000 of the ALF balance and have approximately $124,000 remaining. This would be enough
to maintain these services through FY 2026, but would require a change for FY 2027. Please see
the table entitled, “No Change – Status Quo for FY 2025”.
Delete 515 Express - RideChoice Status Quo
A cost-cutting alternative would be to discontinue the 515 Express bus service and continue with
the RideChoice program in its current form. While this option would not solve the structural
deficit problem, it would help mitigate it. The RideChoice program would likely be funded
through FY 2030 with ALF funds only, since PTF will not be available for RideChoice after
1/1/2026. Given that it is currently June, the 515 bus route cannot be terminated until at least
April 2025, in compliance with the mandated period for public notification. Please see the table
entitled, “Simple Change: Delete 515 Express - RideChoice Status Quo for FY 2025”
Replace Bus with Expanded RideChoice - "Dial A Ride Bus Service"
A third option involves discontinuing the 515 bus route, retaining the existing RideChoice
program, and launching an enhanced version of RideChoice, tentatively referred to as the "Dial
A Ride Bus Service". This approach would offer residents an alternative method to access
regional bus and light rail networks, compensating for the discontinuation of the 515 bus service.
The cost to the Town would be based on ridership instead of a fixed cost as is the case with bus
services. The Dial A Ride Bus Service would be available to everyone, irrespective of age or
disability. However, it would have designated time limits and designated pick-up and drop-off
locations similar to the former 515 bus service. Since this alternative would be a new concept, it
would take several years of experience to gather ridership and expenditure trends. The advantage
of this model is that it avoids the substantial fixed expenses associated with the current 515 bus
service when ridership is low, thus offering a more economically viable option. However, this
option would also not solve the structural budget deficit and would likely exhaust the balance of
ALF funds in FY 2029, which is two more years than the status quo/no change option. There is
another risk with option: should the demand for the new Dial A Ride Bus Service surge, the
program's costs might surpass the public transit funds allocated to the Town. Such a scenario
could necessitate making a change earlier than anticipated. Given that it is currently June, the
515 bus route cannot be terminated until at least April 2025, in compliance with the mandated
period for public notification. Please see the table entitled, “Replace Bus with Expanded
RideChoice - "Dial A Ride Bus Service" for FY 2025”.
Alternative Transportation Concepts
Over the course of the last several years, Town staff has informally evaluated additional
transportation concepts. Staff received presentations from May Mobility and eCab. May
Mobility is a point-to-point local circulator that uses mini-vans and operates free for Sun City
residents through a partnership with AARP. eCab is an upscale golf-cart style local circulator.
Staff found that while both programs are appealing, each would require General Fund
expenditures of more than $650,000 per year.
Staff also reached out to other Cities/Towns in the Valley to gain insight on their programs. For
example, staff reached out to Tolleson, Surprise, and Chandler. Each of these Cities will likely
be incurring General Fund expenditures for their programs in the range of $400,000 to $900,000
per year.
Tolleson provides a discounted Uber/Lyft program to their residents. The discount depends on
the destination. Tolleson budgeted $450,000 for this program and while some is funded with
their ALF allocation, the vast majority is budgeted in their General Fund. Surprise’s “WeRide”
program is a fleet of minivans similar to the May Mobility approach. It consists of a fleet of 3
vans for this on-demand discounted point to point local circulator. Surprise anticipates spending
about $900,000 per year and are planning to use their ALF monies to pay for a small portion of
it, but the majority of the $900,000 will be paid from their General Fund. Chandler’s “Flex”
program is another discounted on-demand point to point local circulator that is run by a third-
party provider. Their start up costs were eased by a grant associated with Governor Ducey’s
school choice voucher efforts. This grant program has ended, and Chandler is estimating the
yearly cost to be around $750,000 and will likely be funding the cost of the program through
their General Fund for the majority, and a small portion with their ALF allocation.
Staff briefly evaluated the requirements for managing a local circulator internally and identified
multiple aspects that could lead to higher expenses and complexities than initially anticipated.
Securing insurance for this service is a significant challenge. The Town depends on the Arizona
Risk Retention Pool (AMRRP), which includes over 70 municipalities in Arizona, for its
insurance needs. However, the AMRRP is unable to extend coverage to transit services and has
been unsuccessful in locating an insurer willing to take on this risk. Consequently, the Town is
unable to assume the financial responsibility of self-insuring this type of program. Additional
considerations emerged during the informal analysis. These include establishing a reliable rider
dispatch and customer service system, ensuring a sufficient number of drivers including backups
for sick and vacation leave, addressing vehicle maintenance costs, and acquiring multiple
vehicles, including a backup for mechanical issues. Overall, while operating a local circulator in-
house may seem like a simple solution at first glance, staff realized that it would be more
challenging and expensive than anticipated.
Free Transportation Services
Aside from the transportation services related to the IGA, there are two other options available to
qualified Town residents. The American Cancer Societies’ Road to Recovery program provides
free rides to and from treatment for cancer patients. Residents should provide at least 24 hours’
notice to program representatives who can be reached at 800-227-2345. Additionally, the Town’s
Community Services department operates the Give-A-Lift program, through a network of
volunteer drivers who supply their own vehicles. This program provides free transportation for
medical appointments for pre-qualified residents. The program is coordinated through the
Volunteer Supervisor at the Community Center (480-816-5108). Staff recommends requesting
Give-A-Lift rides at least 4 days in advance and cannot always guarantee rides depending on
volunteer availability.
Transit Service Program Details
Proposed “Dial A Ride Bus Service” (RideChoice Expansion)
x The yearly cost of the “Dial A Ride Bus Service” program will be dependent on ridership
and has low fixed costs.
x Would fill the gap as a replacement for the 515 Express Bus service for residents
connecting to regional bus/light rail services.
x Pick up and drop off would be similar to the 515 Express Bus service, originating at the
bus stop by the library, however the rider could choose to connect to either the current
Gilbert Rd. park and ride or the 90th & Shea Mustang Transit Center.
x Ridership will be an educated guess for the first several years and is estimated to be about
800 rides for the first year.
x Same rider cost as the RideChoice “Mileage Option” program: Riders pay $3 each way.
(400-mile limit per month)
x The yearly total cost is estimated to be about $36,225 and the Town can use ALF monies
toward the program, however PTF cannot be used after 1/1/2026 for RideChoice.
x If ridership increases well beyond expectations, the Town may need to consider other
funding options or service changes sooner than anticipated.
515 Express Bus Service
x Began October of 2021 as a pilot program, based on RPTA’s recommendation.
x Town costs are not dependent on ridership, as most costs are fixed.
x Replaced the #514 Scottsdale Express to allow riders quicker options to connect with the
existing network of bus and light rail options throughout the region.
x 515 Express leaves at 6:19 & 7:04 AM from Fountain Hills.
x 515 Express arrives in Fountain Hills at 5:06 & 6:20 PM.
x The yearly cost is approximately $130,000 (currently paid with regional public
transportation allocations, and ALF monies – no general fund monies). This cost is fixed
and does not vary with ridership.
x Initial cost estimates were higher due to three trips per day expected; however, with only
two trips per day, the cost was lower.
x Ridership has been lower than expected. RPTA’s analysis showed as many as 36 daily
riders, however only one rider has typically utilized the service. February and March of
2024 had zero riders.
RideChoice
x Yearly cost of the RideChoice program is dependent on ridership, and has low fixed
costs.
x Ridership has increased recently as residents understand the more affordable, monthly
“Mileage Option” that has been in place since the beginning of 2020.
x RideChoice “Mileage Option”: Riders pay $3 each way. (50-mile limit per ride; 400-mile
limit per month)
x Estimates are for approximately 1,500 total rides for the fiscal year, as compared with the
previous 5-year average of approximately 850 rides per year.
x The yearly total cost is estimated to be about $75,000 and the Town can use ALF monies
toward the program, however PTF cannot be used after 1/1/2026 for RideChoice.
Regional Funding Source Details
Public Transportation Funds (PTF) Overview
x Allocated based on population and regional considerations.
x Town allocation has been approximately $82k per year but can vary depending on the
services provided and other regional factors.
x Cannot be used for RideChoice expenses after 1/1/2026 due to Prop 479 enabling
language.
x Does not require a yearly application / financial reporting other than listing in the IGA.
x Utilized as an offset to charges incurred, so checks are generally not distributed.
x Must be allocated toward public transportation projects that meet Americans with
Disabilities Act (ADA) requirements.
Arizona Lottery Fund (ALF - formerly LTAF II) Overview
x Town allocation has averaged approximately $60k per year, based on regional allocation
according to population. This amount has been fairly consistent and does not vary with
services offered.
x Must submit a yearly application and financial report.
x Use or Lose (must pay back if not used in three years - no new monies will be distributed
if all previous monies have not been spent).
x Must be spent on public transportation.
x Not required to be spent on ADA accessible projects.
Background of Regional Public Transportation Authority
RPTA (commonly referred to as Valley Metro) is the regional transit agency for Maricopa
County. Created in 1985 with the passage of Proposition 300, RPTA is a political subdivision of
Arizona overseen by a 19-member board of elected officials. Membership is open to all
municipalities in Maricopa County and to the County government.
The current Valley Metro RPTA Board is comprised of members from Avondale, Buckeye,
Chandler, El Mirage, Fountain Hills, Gilbert, Glendale, Goodyear, Maricopa County, Mesa,
Peoria, Phoenix, Queen Creek, Scottsdale, Surprise, Tempe, Tolleson, Wickenburg, and
Youngtown. With the passage of Proposition 400 in November 2004, RPTA is the recipient of
the transit portion of the twenty-year countywide 0.5% sales tax fund commencing in 2006 and
running through 2025. The Fountain Hills Town Council voted for the Town to become a
member of RPTA in December of 2017. Since then, the Town has had a seat on the RPTA Board
of Directors. There is no fee to be a member municipality in RPTA.
No Change - Status Quo for FY 2025
Transit Cash Flow
FY 2023-24 FY 2024-25 FY 2025-26B FY 2026-27 FY 2027-28 FY 2028-29
515 Bus Service Expense (2 Round
Trips)(132,394)(122,476)(128,600)(128,600)(128,600)(128,600)
515 Bus Service PTF Allocation
(Income)65,039 60,167 64,300 64,300 64,300 64,300
515 Bus Service Net Remaining to
be paid by Town (67,355)(62,309)(64,300)(64,300)(64,300)(64,300)
RideChoice Expense (1,500-1,650
Rides per year, net of fares)(70,069)(63,253)(73,414)(80,755)(88,831)(97,714)
RideChoice PTF Allocation
(Income)17,115 17,628 9,123 0 0 0
RideChoice Net Remaining to be
paid by Town (52,954)(45,625)(64,291)(80,755)(88,831)(97,714)
Arizona Lottery Fund (ALF)
Anticipated Yearly Income 60,255 60,225 60,000 60,000 60,000 60,000
Total Expenses (202,463)(185,729)(202,014)(209,355)(217,431)(226,314)
Total Anticipated Income 142,409 138,020 133,423 124,300 124,300 124,300
Difference (Expenses More than
income)(60,054)(47,709)(68,591)(85,055)(93,131)(102,014)
Cash on Hand Balance [Arizona
Lottery Fund (ALF) Balance]##172,133 124,424 55,833 (29,222)(122,353)(224,367)
Note: All amounts except FY 2023-24 are estimates and can vary depending on demand for services and funding availability.
Note: Fiscal Years 26-2029 assume $0 PTF after 1/1/2026 for RideChoice and RideChoice expenses increase 10% per year.
B) For FY2025-26 PTF will be unavailable for RideChoice after 1/1/2026, and only available for 1/2 of FY 2025-26.
Simple Change: Delete 515 Express - RideChoice Status Quo for FY 2025
Transit Cash Flow
FY 2023-24 FY 2024-25A FY 2025-26B FY 2026-27 FY 2027-28 FY 2028-29
515 Bus Service Expense (2 Round
Trips)(132,394)(100,028)0 0 0 0
515 Bus Service PTF Allocation +
Fares, etc. (Income)65,039 60,167 0 0 0 0
515 Bus Service Net Remaining to
be paid by Town (67,355)(39,861)0 0 0 0
RideChoice Expense (1,500-1,650
Rides per year, net of fares)(70,069)(63,253)(73,414)(80,755)(88,831)(97,714)
RideChoice PTF Allocation
(Income)C 17,115 17,628 36,707 0 0 0
RideChoice Net Remaining to be
paid by Town (52,954)(45,625)(36,707)(80,755)(88,831)(97,714)
Arizona Lottery Fund (ALF)
(Anticipated Yearly Income)60,255 60,225 60,000 60,000 60,000 60,000
Total Expenses (202,463)(163,281)(73,414)(80,755)(88,831)(97,714)
Total Anticipated Income 142,409 138,020 96,707 60,000 60,000 60,000
Difference (Expenses More than
income)(60,054)(25,261)23,293 (20,755)(28,831)(37,714)
Cash on Hand Balance [Arizona
Lottery Fund (ALF) Balance]##172,133 146,872 170,165 149,410 120,579 82,865
Note: All amounts except FY 2023-24 are estimates and can vary depending on demand for services and funding availability.
Note: The earliest the 515 could be discontinued would be April of 2025 so FY 2024-25 includes these residual amounts.
Note: Fiscal Years 26-2029 assume $0 PTF after 1/1/2026 for RideChoice and RideChoice expenses increase 10% per year.
A) FY 2024-25 includes both residual 515 bus service amounts (10 months) and two months of "Dial a Ride" bus expenses.
B) For FY2025-26 PTF will be unavailable for RideChoice after 1/1/2026, i.e. only available for 1/2 of FY 2025-26.
C) The FY 2025-26 RideChoice PTF allocation would have covered the entire cost of the program, totaling $73,414, due to the
funds not being used for the 515 Express. However, due to the Proposition 479 rule discontinuing PTF for RideChoice after
January 1, 2026, only half of the year's allocation, amounting to $36,707, will be available.
Replace Bus with Expanded Ride Choice - "Dial A Ride Bus Service" for FY 2025
Transit Cash Flow
FY 2023-24 FY 2024-25A FY 2025-26B FY 2026-27 FY 2027-28 FY 2028-29
Dial A Ride Bus Service (Expanded RideChoice - no
ADA or Age requirement) same morning and
afternoon times to and from FH Library instead of
515 Bus Service Expense.
(132,394)(106,863)(18,113)(36,225)(36,225)(36,225)
Dial A Ride Bus Service PTF Allocation instead of
515 Bus Service PTF Allocation (Income + Fares).65,039 60,167 36,225 0 0 0
Dial A Ride Bus Service instead of 515 Bus Service
Net Remaining to be paid by Town.A
(67,355)(46,696)18,112 (36,225)(36,225)(36,225)
RideChoice Expense (1,500-1,650 Rides per year,
net of fares)(70,069)(63,235)(73,414)(80,755)(88,831)(97,714)
RideChoice PTF Allocation (Income)17,115 17,628 23,160 0 0 0
RideChoice Net Remaining to be paid by Town (52,954)(45,607)(50,254)(80,755)(88,831)(97,714)
Arizona Lottery Fund (ALF) (Anticipated Yearly Income)60,255 60,225 60,000 60,000 60,000 60,000
Total Expenses (202,463)(170,098)(91,527)(116,980)(125,056)(133,939)
Total Anticipated Income 142,409 138,020 119,385 60,000 60,000 60,000
Difference (Expenses More than income)(60,054)(32,078)27,858 (56,980)(65,056)(73,939)
Cash on Hand Balance [Arizona Lottery Fund (ALF)
Balance]#172,133 140,055 167,913 110,933 45,877 (28,062)
Note: All amounts except FY 2023-24 are estimates and can vary depending on demand for services and funding availability.
Note: The earliest the 515 could be discontinued would be April of 2025 so FY 2024-25 includes these residual amounts.
Note: Fiscal Years 26-2029 assume $0 PTF after 1/1/2026 for RideChoice and RideChoice expenses increase 10% per year.
A) FY 2024-25 includes both residual 515 bus service amounts (10 months) and two months of "Dial a Ride" bus expenses.
B) For FY2025-26 PTF will be unavailable for RideChoice after 1/1/2026, i.e. only available for 1/2 of FY 2025-26.
Transit Option Dates and Budget Impact
Option
End of Fiscal Year Fully Funded with
Operating (ALF) Balance
(Balance Depleted Date)
Structural Budget Deficit After Operating
Balance (ALF) is Fully Depleted*
Change in Service Deadline
for Valley Metro
Notification
Status Quo - No Change 6/30/2026 $100,000A 6/30/2025
Simple Change - (Delete 515 Bus &
Keep RideChoice in its current
form)6/30/2030 $42,000B 6/30/2029
Replace Bus with Expanded
RideChoice ("Dial-A-Ride Bus
Service")6/30/2028 $75,000C 6/30/2027
* Note: Structural Budget Deficit amount would be required from the General Fund to pay for the service or a reduction in service would be required.
A) $100,000 is a rough estimate. Budget deficit projected for FY 2028 = approx. $93k; and $102K in FY 2029
B) $42,000 is a rough estimate. Budget deficit for FY 2029 is projected to be about $37k
C) $75,000 is a rough estimate. Budget deficit for FY 2029 is projected to be about $74K
Transit Services
Intergovernmental Agreement with Valley Metro
Dave Trimble, Deputy Town Manager /
Administrative Services Director
June 4, 2024
Overview
Overview
•Each fiscal year Town & Valley Metro enter into an
IGA
•Most years routine
•No General Fund monies currently spent on transit
•This year, the anticipated budget deficit is another
year closer, and ridership has remained low for the
515 Express Bus service
•We are bringing options to Council this year before
it becomes a potential impact to the General Fund
1
Overview – Current Services and Budget
•Two current transit services
•515 Express Bus (Two pickups and drop offs)
•RideChoice (Age 65+ and/or those with disabilities eligible)
•Two funding sources
1)PTF (Public Transportation Funds / “Prop 400”)
•PTF cannot be used for RideChoice after 1/1/2026
2)ALF (Arizona Lottery Funds)
•Expenses are projected to be approximately $48,000 more in
FY 2025 than PTF & ALF funding.
•The town has accumulated a reserve of ALF funds for
operations, which is projected to be depleted in FY 2027.2
Alternatives
Alternatives
•Status Quo = No Change
•Simple Change = Discontinue 515 Bus & keep
RideChoice in its current form
•Expanded RideChoice = Discontinue 515 Bus &
offer “Dial A Ride Bus Service” (Expanded RideChoice)
instead
Three Alternatives:
3
Status Quo – No Changes
•515 Express Bus & RideChoice would stay
in their current form
•Budget estimates indicate changes would
need to be effective by FY 2027
•Valley Metro would need to be notified by
the end of next fiscal year (6/30/2025) to
allow time to implement service changes
by the start of FY 2027
4
Simple Change – Discontinue 515
•515 Express Bus would be discontinued &
RideChoice would stay in the current form
(Age 65+ and/or those with disabilities
eligible)
•Would not solve the structural funding
deficit but would allow the program to be
funded without General Fund monies
through FY 2030.
5
Expanded RideChoice “Dial A Ride Bus Service”
•515 Express Bus would be discontinued
•Current RideChoice would continue (only age 65+
&/or people with disabilities eligible)
•A new RideChoice expansion called “Dial A Ride
Bus Service” would be offered. It would only go to
and from the library and the park and ride at
Gilbert Rd. / 202 or 90th & Shea. Any resident
regardless of age/disability would be eligible.
6
•Would not solve the structural funding
deficit but would allow the program to be
funded without General Fund monies
through FY 2028.
Timing & Budget Impact
7
Transit Option Dates and Budget Impact
Option
End of Fiscal Year Fully Funded with
Operating (ALF) Balance
(Balance Depleted Date)
Structural Budget Deficit After Operating
Balance (ALF) is Fully Depleted*
Change in Service Deadline for
Valley Metro Notification
Status Quo - No Change 6/30/2026 $100,000A 6/30/2025
Simple Change - (Delete 515 Bus
& Keep RideChoice in its current
form)6/30/2030 $42,000B 6/30/2029
Replace Bus with Expanded
RideChoice ("Dial-A-Ride Bus
Service")6/30/2028 $75,000C 6/30/2027
* Note: Structural Budget Deficit amount would be required from the General Fund to pay for the service or a reduction in service would be required.
A) $100,000 is a rough estimate. Budget deficit projected for FY 2028 = approx. $93k; and $102K in FY 2029
B) $42,000 is a rough estimate. Budget deficit for FY 2029 is projected to be about $37k
C) $75,000 is a rough estimate. Budget deficit for FY 2029 is projected to be about $74K
Questions?
Low-Cost* Transportation Options in Fountain Hills (2024)
Service Provider Purpose Type of Transportation
Wheelchair
Accessible Schedule Qualifications Rider/User Cost Contact
515 Express Bus
Service Valley Metro1
General
Transportation
Fixed: Travel between fixed points along a
fixed route, operating on a fixed schedule.Yes
Currently the 515 Bus has two trips out to the Park and
Ride on Gilbert Rd. & the 202 Freeway & two trips in.
Outbound trips are 6:19 AM & 7:04 AM. Inbound
arrivals are 5:06 PM & 6:20 PM. None
1 Day = $6.50; 1
Way 1 Ride = $3.25;
Monthly = $104 ValleyMetro.org
RideChoice Valley Metro2
General
Transportation
Door to Door: Unrestricted travel between
two points within a defined zone. Rides
must be within a 50 mile radius of the
starting point.Yes
Similar to Uber / Lyft; however if riders need a
wheelchair accessible vehicle, it is recommended to
schedule at least a few days in advance.
Riders must pre-qualify through
communication with Valley Metro.
Users must either be disabled or be
age 65 or above.
$3 each way, $6
total per round trip4 ValleyMetro.orgAmerican
Cancer Society
Road to
Recovery
Program
American
Cancer Society
Transportation to and
from treatment for
people who have
cancer.
Door to Door: Unrestricted travel between
two points within a defined zone.No
Riders are encouraged to schedule as far in advance
possible and no later than 25 hours in advance of their
scheduled cancer treatment ride.
Riders must pre-qualify through the
American Cancer Society.Free
American Cancer
Society 800-227-
2345
Give A Lift
Town of
Fountain Hills3
Transportation for
medical appointments
Door to Door: Unrestricted travel between
two points within a defined zone.
Generally rides are either local or up to
approximately 10 miles.No
Riders are encouraged to schedule as far in advance
possible. Staff will highly recommends scheduling at
least four days in advance.
Riders must pre-qualify through the
Town's volunteer division staff.Free
Fountain Hills
Volunteer Division
480-816-5108
*For Fountain Hills residents that use these services, the cost per ride is either subsidized or provided by volunteers. Give A Lift and American Cancer Society Road to Recovery rides are free for residents that qualify.1 Valley Metro provides general coordination through an Inter Governmental Agreement with the Town of Fountain Hills. Town pays for any costs above regionally available funding. Costs do not vary with ridership. So far, regional funding has covered
all of the 515 bus service costs. Busses are operated by third-party contractors of Valley Metro.
2 Valley Metro provides general coordination for the RideChoice Program through an Inter Governmental Agreement with the Town of Fountain Hills. Town pays for any costs above regionally available funding. Costs vary depending on ridership. So far,
regionally available funding has covered all of these costs. Rides are supplied by third-party contractors including Uber, Lyft, and others.
3 The Town of Fountain Hills Volunteer division coordinates the Give A Lift program and rides are supplied by volunteers using their own vehicles .
4 RideChoice rider pricing based on the "Mileage Option" is $3 each way, with restrictions. There is a 50 mile limit each way, and each month the total mileage cannot exceed 400 miles. Under the traditional RideChoice pricing model, riders are charged
$3 for the first 8 miles of their trip and then an additional $2 per additional mile, and total trips are limited to 20 per month. For Fountain Hills residents, based on distance from services, most will save money by using the "Mileage Option" versus the
traditional pricing model. RideChoice representatives direct riders toward the most advantageaous pricing model.
No Change - Status Quo for FY 2025
Transit Cash Flow
FY 2023-24 FY 2024-25 FY 2025-26B FY 2026-27 FY 2027-28 FY 2028-29
515 Bus Service Expense (2 Round
Trips)(132,394) (122,476) (128,600) (128,600) (128,600) (128,600)
515 Bus Service PTF Allocation
(Income)65,039 60,167 64,300 64,300 64,300 64,300
515 Bus Service Net Remaining to
be paid by Town (67,355) (62,309) (64,300) (64,300) (64,300) (64,300)
RideChoice Expense (1,500-1,650
Rides per year, net of fares)(70,069) (63,253) (73,414) (80,755) (88,831) (97,714)
RideChoice PTF Allocation
(Income)17,115 17,628 9,123 0 0 0
RideChoice Net Remaining to be
paid by Town (52,954) (45,625) (64,291) (80,755) (88,831) (97,714)
Arizona Lottery Fund (ALF)
Anticipated Yearly Income 60,255 60,225 60,000 60,000 60,000 60,000
Total Expenses (202,463) (185,729) (202,014) (209,355) (217,431) (226,314)
Total Anticipated Income 142,409 138,020 133,423 124,300 124,300 124,300
Difference (Expenses More than
income)(60,054) (47,709) (68,591) (85,055) (93,131) (102,014)
Cash on Hand Balance [Arizona
Lottery Fund (ALF) Balance]##172,133 124,424 55,833 (29,222) (122,353) (224,367)
Note: All amounts except FY 2023-24 are estimates and can vary depending on demand for services and funding availability.
Note: Fiscal Years 26-2029 assume $0 PTF after 1/1/2026 for RideChoice and RideChoice expenses increase 10% per year.
B) For FY2025-26 PTF will be unavailable for RideChoice after 1/1/2026, and only available for 1/2 of FY 2025-26.
Simple Change: Delete 515 Express - RideChoice Status Quo for FY 2025
Transit Cash Flow
FY 2023-24 FY 2024-25A FY 2025-26B FY 2026-27 FY 2027-28 FY 2028-29
515 Bus Service Expense (2 Round
Trips)(132,394) (100,028)0 0 0 0
515 Bus Service PTF Allocation +
Fares, etc. (Income)65,039 60,167 0 0 0 0
515 Bus Service Net Remaining to
be paid by Town (67,355) (39,861)0 0 0 0
RideChoice Expense (1,500-1,650
Rides per year, net of fares)(70,069) (63,253) (73,414) (80,755) (88,831) (97,714)RideChoice PTF Allocation
(Income)C 17,115 17,628 36,707 0 0 0
RideChoice Net Remaining to be
paid by Town (52,954) (45,625) (36,707) (80,755) (88,831) (97,714)
Arizona Lottery Fund (ALF)
(Anticipated Yearly Income)60,255 60,225 60,000 60,000 60,000 60,000
Total Expenses (202,463) (163,281) (73,414) (80,755) (88,831) (97,714)
Total Anticipated Income 142,409 138,020 96,707 60,000 60,000 60,000
Difference (Expenses More than
income)(60,054) (25,261)23,293 (20,755) (28,831) (37,714)
Cash on Hand Balance [Arizona
Lottery Fund (ALF) Balance]##172,133 146,872 170,165 149,410 120,579 82,865
Note: All amounts except FY 2023-24 are estimates and can vary depending on demand for services and funding availability.
Note: The earliest the 515 could be discontinued would be April of 2025 so FY 2024-25 includes these residual amounts.
Note: Fiscal Years 26-2029 assume $0 PTF after 1/1/2026 for RideChoice and RideChoice expenses increase 10% per year.
A) FY 2024-25 includes both residual 515 bus service amounts (10 months) and two months of "Dial a Ride" bus expenses.
B) For FY2025-26 PTF will be unavailable for RideChoice after 1/1/2026, i.e. only available for 1/2 of FY 2025-26.
C) The FY 2025-26 RideChoice PTF allocation would have covered the entire cost of the program, totaling $73,414, due to the funds not
being used for the 515 Express. However, due to the Proposition 479 rule discontinuing PTF for RideChoice after January 1, 2026, only half
of the year's allocation, amounting to $36,707, will be available.
Replace Bus with Expanded Ride Choice - "Dial A Ride Bus Service" for FY 2025
Transit Cash Flow
FY 2023-24 FY 2024-25A FY 2025-26B FY 2026-27 FY 2027-28 FY 2028-29
Dial A Ride Bus Service (Expanded RideChoice -
no ADA or Age requirement) same morning and
afternoon times to and from FH Library instead
of 515 Bus Service Expense. (132,394) (106,863)(18,113) (36,225) (36,225) (36,225)
Dial A Ride Bus Service PTF Allocation instead
of 515 Bus Service PTF Allocation (Income +
Fares).65,039 60,167 36,225 0 0 0
Dial A Ride Bus Service instead of 515 Bus
Service Net Remaining to be paid by Town.A
(67,355) (46,696)18,112 (36,225) (36,225) (36,225)
RideChoice Expense (1,500-1,650 Rides per
year, net of fares)(70,069) (63,235) (73,414) (80,755) (88,831) (97,714)
RideChoice PTF Allocation (Income)17,115 17,628 23,160 0 0 0
RideChoice Net Remaining to be paid by Town (52,954) (45,607) (50,254) (80,755) (88,831) (97,714)
Arizona Lottery Fund (ALF) (Anticipated Yearly
Income)60,255 60,225 60,000 60,000 60,000 60,000
Total Expenses (202,463) (170,098) (91,527) (116,980) (125,056) (133,939)
Total Anticipated Income 142,409 138,020 119,385 60,000 60,000 60,000
Difference (Expenses More than income)(60,054)(32,078)27,858 (56,980)(65,056)(73,939)
Cash on Hand Balance [Arizona Lottery Fund
(ALF) Balance]##172,133 140,055 167,913 110,933 45,877 (28,062)
Note: All amounts except FY 2023-24 are estimates and can vary depending on demand for services and funding availability.
Note: The earliest the 515 could be discontinued would be April of 2025 so FY 2024-25 includes these residual amounts.
Note: Fiscal Years 26-2029 assume $0 PTF after 1/1/2026 for RideChoice and RideChoice expenses increase 10% per year.
A) FY 2024-25 includes both residual 515 bus service amounts (10 months) and two months of "Dial a Ride" bus expenses.
B) For FY2025-26 PTF will be unavailable for RideChoice after 1/1/2026, i.e. only available for 1/2 of FY 2025-26.
Option
End of Fiscal Year Fully Funded
with Operating (ALF) Balance
(Balance Depleted Date)
Structural Budget Deficit After
Operating Balance (ALF) is Fully
Depleted*
Change in Service
Deadline for Valley Metro
Notification
Status Quo - No Change 6/30/2026 $100,000
A 6/30/2025
Simple Change - (Delete 515
Bus & Keep RideChoice in its
current form)6/30/2030 $42,000
B 6/30/2029
Replace Bus with Expanded
RideChoice ("Dial-A-Ride Bus
Service")6/30/2028 $75,000
C 6/30/2027
Transit Option Dates and Budget Impact
* Note: Structural Budget Deficit amount would be required from the General Fund to pay for the service or a reduction in service
would be required.
A) $100,000 is a rough estimate. Budget deficit projected for FY 2028 = approx. $93k; and $102K in FY 2029
B) $42,000 is a rough estimate. Budget deficit for FY 2029 is projected to be about $37k
C) $75,000 is a rough estimate. Budget deficit for FY 2029 is projected to be about $74K
FOUNTAIN HILLS TRANSIT SERVICES IGA FY 2024-25
1
TRANSIT SERVICES AMENDMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
THE REGIONAL PUBLIC TRANSPORTATION AUTHORITY
CONTRACT # 124-75-2025-08-00
THIS AMENDMENT dated this 1st day of July 2024, amends the following items of the
Transit Services Agreement Contract # 124-75-2024 entered into between the Town of Fountain
Hills and the Regional Public Transportation Authority, dated the 1st day of July 2014 as
amended July 1, 2015, July 1, 2017, July 1, 2018, July 1, 2019, July 1, 2021, July 1, 2022, and
July 1, 2023.
The following Schedules replace those Schedules of the agreement entered
into July 1, 2023.
The attached Schedule A replaces and supersedes Schedule A entered into July 1, 2023.
The attached Schedule B replaces and supersedes Schedule B entered into July 1, 2023.
The attached Schedule D replaces and supersedes Schedule D entered into July 1, 2023.
The attached Schedule E replaces and supersedes Schedule E entered into July 1, 2023.
All other terms of the Parties Transit Services Agreement dated July 1, 2014, remain
unchanged and in full force and effect.
FOUNTAIN HILLS TRANSIT SERVICES IGA FY 2024-25
2
IN WITNESS WHEREOF, the Parties have each executed this Agreement as of the date
first set forth above.
REGIONAL PUBLIC TRANSPORTATION AUTHORITY (RPTA)
By: _______________________________________
Jessica Mefford-Miller, Chief Executive Officer
APPROVED AS TO FORM:
By: ________________________________________________
Michael Wawro, Chief Legal Officer
TOWN OF FOUNTAIN HILLS (MEMBER)
By: __________________________________________
Rachael Goodwin, Town Manager
By:
Linda Mendenhall, Town Clerk
APPROVED AS TO FORM:
By: __________________________________________
Aaron D. Arnson, Town Attorney
FOUNTAIN HILLS TRANSIT SERVICES IGA FY 2024-25
3
SCHEDULE “A”- REGIONALLY FUNDED FIXED ROUTE BUS SERVICE
FY2024 - 2025
Regionally Funded Fixed Route Bus Service $60,167.00 (including express)
The above line represents the value of transit service paid for by Proposition 400 funds to the benefit
of the Town of Fountain Hills. The calculation to derive this figure is daily revenue miles of service
x number of service days x cost per revenue mile of service.
FOUNTAIN HILLS TRANSIT SERVICES IGA FY 2024-25
4
SCHEDULE “B” – TOWN FUNDED FIXED ROUTE BUS SERVICE
FY2024 - 2025
For the period from July 1, 2024 through June 30, 2025, the Town of Fountain Hills will
pay the Regional Public Transportation Authority a total of $62,309.00 for the provision of fixed
route bus services. This payment will be broken into quarterly installments of $15,577.25, which
shall be due and payable within thirty (30) calendar days of the receipt of an invoice from RPTA.
IGA billings will be processed for the full fiscal year based on the above referenced installments.
A final invoice will occur once the final recon has been completed after our year end close. This
final invoice and payment/refund may be adjusted based on the extent to which the actual cost of
service is higher or lower than the budget amount for service.
FOUNTAIN HILLS TRANSIT SERVICES IGA FY 2024-25
5
SCHEDULE “D” – RIDE CHOICE
FY 2024-25
For the period from July 1, 2024 through June 30, 2025, the Town of Fountain Hills will
pay the Regional Public Transportation Authority a total of $45,625.00 for the provision of
ridechoice services. This payment will be broken into quarterly installments of $11,406.25, which
shall be due and payable within thirty (30) calendar days of the receipt of an invoice from RPTA.
IGA billings will be processed for the full fiscal year based on the above referenced installments.
A final invoice will occur once the final recon has been completed after our year end close. This
final invoice and payment/refund may be adjusted based on the extent to which the actual cost of
service is higher or lower than the budget amount for service.
FOUNTAIN HILLS TRANSIT SERVICES IGA FY 2024-25
6
SCHEDULE “E” – AMERICANS WITH DISABILITIES ACT (ADA) – PUBLIC
TRANSPORTATION FUNDS (PTF) AVAILABILITY
FY 2024-25
For the period July 1, 2024, to June 30, 2025, the maximum amount of Public
Transportation Funds (PTF) available for the Town of Fountain Hills is $77,795.00. The PTF
will pay actual costs for ADA trips and other requests for Paratransit service made by ADA
certified Riders up to the maximum amount. A final reconciliation at fiscal year-end will be
performed and adjustments, if necessary, will be made using actual ADA eligible costs.
Any remaining ADA PTF funds not used up to the maximum reimbursements may be
requested by Town for other ADA certified rider eligible expenses, and certified by the Town’s
chief financial officer or designee. RPTA will reimburse Town within thirty (30) business days
based upon availability of funds. Town may request that reimbursements be made electronically.
Wire transfers must be pre-arranged through the RPTA Finance Department.
Maximum amount FY 2024-25 $77,795.00
FOUNTAIN HILLS TRANSIT SERVICES IGA FY 2024-25
1
TRANSIT SERVICES AMENDMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
THE REGIONAL PUBLIC TRANSPORTATION AUTHORITY
CONTRACT # 124-75-2025-08-00
THIS AMENDMENT dated this 1st day of July 2024, amends the following items of the
Transit Services Agreement Contract # 124-75-2024 entered into between the Town of Fountain
Hills and the Regional Public Transportation Authority, dated the 1st day of July 2014 as
amended July 1, 2015, July 1, 2017, July 1, 2018, July 1, 2019, July 1, 2021, July 1, 2022, and
July 1, 2023.
The following Schedules replace those Schedules of the agreement entered
into July 1, 2023.
The attached Schedule A replaces and supersedes Schedule A entered into July 1, 2023.
The attached Schedule B replaces and supersedes Schedule B entered into July 1, 2023.
The attached Schedule D replaces and supersedes Schedule D entered into July 1, 2023.
The attached Schedule E replaces and supersedes Schedule E entered into July 1, 2023.
All other terms of the Parties Transit Services Agreement dated July 1, 2014, remain
unchanged and in full force and effect.
FOUNTAIN HILLS TRANSIT SERVICES IGA FY 2024-25
2
IN WITNESS WHEREOF, the Parties have each executed this Agreement as of the date
first set forth above.
REGIONAL PUBLIC TRANSPORTATION AUTHORITY (RPTA)
By: _______________________________________
Jessica Mefford-Miller, Chief Executive Officer
APPROVED AS TO FORM:
By: ________________________________________________
Michael Wawro, Chief Legal Officer
TOWN OF FOUNTAIN HILLS (MEMBER)
By: __________________________________________
Rachael Goodwin, Town Manager
By:
Linda Mendenhall, Town Clerk
APPROVED AS TO FORM:
By: __________________________________________
Aaron D. Arnson, Town Attorney
FOUNTAIN HILLS TRANSIT SERVICES IGA FY 2024-25
3
SCHEDULE “A”- REGIONALLY FUNDED FIXED ROUTE BUS SERVICE
FY2024 - 2025
Regionally Funded Fixed Route Bus Service $60,167.00 (including express)
The above line represents the value of transit service paid for by Proposition 400 funds to the benefit
of the Town of Fountain Hills. The calculation to derive this figure is daily revenue miles of service
x number of service days x cost per revenue mile of service.
FOUNTAIN HILLS TRANSIT SERVICES IGA FY 2024-25
4
SCHEDULE “B” – TOWN FUNDED FIXED ROUTE BUS SERVICE
FY2024 - 2025
For the period from July 1, 2024 through April 19, 2025, the Town of Fountain Hills will
pay the Regional Public Transportation Authority a total of $39,861.00 for the provision of fixed
route bus services. This payment will be broken into three quarterly installments of $13,287,
which shall be due and payable within thirty (30) calendar days of the receipt of an invoice from
RPTA. IGA billings will be processed for the full fiscal year based on the above referenced
installments. A final invoice will occur once the final recon has been completed after our year
end close. This final invoice and payment/refund may be adjusted based on the extent to which
the actual cost of service is higher or lower than the budget amount for service.
FOUNTAIN HILLS TRANSIT SERVICES IGA FY 2024-25
5
SCHEDULE “D” – RIDE CHOICE
FY 2024-25
For the period from July 1, 2024 through June 30, 2025, the Town of Fountain Hills will
pay the Regional Public Transportation Authority a total of $45,625.00 for the provision of
ridechoice services. This payment will be broken into quarterly installments of $11,406.25, which
shall be due and payable within thirty (30) calendar days of the receipt of an invoice from RPTA.
IGA billings will be processed for the full fiscal year based on the above referenced installments.
A final invoice will occur once the final recon has been completed after our year end close. This
final invoice and payment/refund may be adjusted based on the extent to which the actual cost of
service is higher or lower than the budget amount for service.
FOUNTAIN HILLS TRANSIT SERVICES IGA FY 2024-25
6
SCHEDULE “E” – AMERICANS WITH DISABILITIES ACT (ADA) – PUBLIC
TRANSPORTATION FUNDS (PTF) AVAILABILITY
FY 2024-25
For the period July 1, 2024, to June 30, 2025, the maximum amount of Public
Transportation Funds (PTF) available for the Town of Fountain Hills is $77,795.00. The PTF
will pay actual costs for ADA trips and other requests for Paratransit service made by ADA
certified Riders up to the maximum amount. A final reconciliation at fiscal year-end will be
performed and adjustments, if necessary, will be made using actual ADA eligible costs.
Any remaining ADA PTF funds not used up to the maximum reimbursements may be
requested by Town for other ADA certified rider eligible expenses, and certified by the Town’s
chief financial officer or designee. RPTA will reimburse Town within thirty (30) business days
based upon availability of funds. Town may request that reimbursements be made electronically.
Wire transfers must be pre-arranged through the RPTA Finance Department.
Maximum amount FY 2024-25 $77,795.00
FOUNTAIN HILLS TRANSIT SERVICES IGA FY 2024-25
1
TRANSIT SERVICES AMENDMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
THE REGIONAL PUBLIC TRANSPORTATION AUTHORITY
CONTRACT # 124-75-2025-08-00
THIS AMENDMENT dated this 1st day of July 2024, amends the following items of the
Transit Services Agreement Contract # 124-75-2024 entered into between the Town of Fountain
Hills and the Regional Public Transportation Authority, dated the 1st day of July 2014 as
amended July 1, 2015, July 1, 2017, July 1, 2018, July 1, 2019, July 1, 2021, July 1, 2022, and
July 1, 2023.
The following Schedules replace those Schedules of the agreement entered
into July 1, 2023.
The attached Schedule A replaces and supersedes Schedule A entered into July 1, 2023.
The attached Schedule B replaces and supersedes Schedule B entered into July 1, 2023.
The attached Schedule D replaces and supersedes Schedule D entered into July 1, 2023.
The attached Schedule E replaces and supersedes Schedule E entered into July 1, 2023.
All other terms of the Parties Transit Services Agreement dated July 1, 2014, remain
unchanged and in full force and effect.
FOUNTAIN HILLS TRANSIT SERVICES IGA FY 2024-25
2
IN WITNESS WHEREOF, the Parties have each executed this Agreement as of the date
first set forth above.
REGIONAL PUBLIC TRANSPORTATION AUTHORITY (RPTA)
By: _______________________________________
Jessica Mefford-Miller, Chief Executive Officer
APPROVED AS TO FORM:
By: ________________________________________________
Michael Wawro, Chief Legal Officer
TOWN OF FOUNTAIN HILLS (MEMBER)
By: __________________________________________
Rachael Goodwin, Town Manager
By:
Linda Mendenhall, Town Clerk
APPROVED AS TO FORM:
By: __________________________________________
Aaron D. Arnson, Town Attorney
FOUNTAIN HILLS TRANSIT SERVICES IGA FY 2024-25
3
SCHEDULE “A”- REGIONALLY FUNDED FIXED ROUTE BUS SERVICE
FY2024 - 2025
Regionally Funded Fixed Route Bus Service $60,167.00 (including express)
The above line represents the value of transit service paid for by Proposition 400 funds to the benefit
of the Town of Fountain Hills. The calculation to derive this figure is daily revenue miles of service
x number of service days x cost per revenue mile of service.
FOUNTAIN HILLS TRANSIT SERVICES IGA FY 2024-25
4
SCHEDULE “B” – TOWN FUNDED FIXED ROUTE BUS SERVICE
FY2024 - 2025
For the period from July 1, 2024 through April 19, 2025, the Town of Fountain Hills will
pay the Regional Public Transportation Authority a total of $39,861.00 for the provision of fixed
route bus services. This payment will be broken into three quarterly installments of $13,287,
which shall be due and payable within thirty (30) calendar days of the receipt of an invoice from
RPTA. IGA billings will be processed for the full fiscal year based on the above referenced
installments. A final invoice will occur once the final recon has been completed after our year
end close. This final invoice and payment/refund may be adjusted based on the extent to which
the actual cost of service is higher or lower than the budget amount for service.
FOUNTAIN HILLS TRANSIT SERVICES IGA FY 2024-25
5
SCHEDULE “D” – RIDE CHOICE
FY 2024-25
For the period from July 1, 2024 through June 30, 2025, the Town of Fountain Hills will
pay the Regional Public Transportation Authority a total of $45,625.00 for the provision of
ridechoice services. This payment will be broken into quarterly installments of $11,406.25, which
shall be due and payable within thirty (30) calendar days of the receipt of an invoice from RPTA.
IGA billings will be processed for the full fiscal year based on the above referenced installments.
A final invoice will occur once the final recon has been completed after our year end close. This
final invoice and payment/refund may be adjusted based on the extent to which the actual cost of
service is higher or lower than the budget amount for service.
FOUNTAIN HILLS TRANSIT SERVICES IGA FY 2024-25
6
SCHEDULE “D” – RIDE CHOICE CONT.
TOWN FUNDED GENERAL PUBLIC DIAL-A-RIDE SERVICE
FY2024 – 2025
For the period from April 21, 2025 through June 30, 2025, the Town of Fountain Hills
will pay the Regional Public Transportation Authority a total of $6,835 for the provision of
Special RideChoice services from the Fountain Hills Library to either the Mustang Transit
Center is Scottsdale, or the Gilbert Road and McDowell P&R on a reservation based system. AM
trips will be offered from the library at 6:30 am and 7:00 am, and PM trips will be offered at 5:10
pm and 6:20 pm, all reservation based. This payment will be part of the 4th quarter installment
which shall be due and payable within thirty (30) calendar days of the receipt of an invoice from
RPTA. IGA billings will be processed for the full fiscal year based on the above referenced
installments. A final invoice will occur once the final recon has been completed after our year
end close. This final invoice and payment/refund may be adjusted based on the extent to which
the actual cost of service is higher or lower than the budget amount for service.
Individuals needing to use the service will register with the RideChoice program and will be
enrolled in the 400-mile program. Fare will be $3.00 per trip, and once the 400 mile is reached
in any calendar month, the service will not be available until the next calendar month. Total trips
to be provided is calculated at 800 annually and approximately 150 for FY2024 - 2025.
FOUNTAIN HILLS TRANSIT SERVICES IGA FY 2024-25
7
SCHEDULE “E”– AMERICANS WITH DISABILITIES ACT (ADA) – PUBLIC
TRANSPORTATION FUNDS (PTF) AVAILABILITY
FY 2024-25
For the period July 1, 2024, to June 30, 2025, the maximum amount of Public
Transportation Funds (PTF) available for the Town of Fountain Hills is $77,795.00. The PTF
will pay actual costs for ADA trips and other requests for Paratransit service made by ADA
certified Riders up to the maximum amount. A final reconciliation at fiscal year-end will be
performed and adjustments, if necessary, will be made using actual ADA eligible costs.
Any remaining ADA PTF funds not used up to the maximum reimbursements may be
requested by Town for other ADA certified rider eligible expenses, and certified by the Town’s
chief financial officer or designee. RPTA will reimburse Town within thirty (30) business days
based upon availability of funds. Town may request that reimbursements be made electronically.
Wire transfers must be pre-arranged through the RPTA Finance Department.
Maximum amount FY 2024-25 $77,795.00
RESOLUTION NO.2014-32
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS,ARIZONA,APPROVING AN INTERGOVERNMENTAL
AGREEMENT WITH THE REGIONAL PUBLIC TRANSPORTATION
AUTHORITY RELATING TO TRANSIT SERVICES.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS as follows:
SECTION 1.The Intergovernmental Agreement with the Regional Public
Transportation Authority relating to transit services (the "Agreement")is hereby approved in
substantially the form and substance attached hereto as Exhibit A and incorporated herein by
reference.
SECTION 2.The Mayor,the Town Manager,the Town Clerk and the Town Attorney
are hereby authorized and directed to cause the execution of the Agreement and to take all steps
necessary to cany out the purpose and intent of this Resolution.
PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills,
Arizona,June 19,2014.
FOR THE TOWN OF FOUNTAIN HILLS:ATTESTED TO:
cmda M.Kavanagh,Mayor Bevelyn J.Benaer,Tpwn Clerk
REVIEWED BY:APPROVED AS TO FORM:
Kenneth W.Buchanan,Town Manager Andrew J.McGuire,Town Attorney
2180707.1
2180707.1
EXHIBIT A
TO
RESOLUTIONNO.2014-32
[Agreement]
See following pages.
TRANSIT SERVICES AGREEMENT
BETWEEN THE TOWN OF FOUNTAIN HILLS ("Member")
AND
THE REGIONAL PUBLIC TRANSPORTATION AUTHORITY
Contract #124-75-2015
THIS TRANSIT SERVICES AGREEMENT ("Agreement") is made and entered into
this 1st day of July,2014 by and between the Town of Fountain Hills,a Arizona municipal
corporation (hereinafter referred to as "Member")and the Regional Public Transportation
Authority,a political subdivision of the state of Arizona (hereinafter referred to as "RPTA").
Member and RPTA are collectively referred to as the "Parties."
RECITALS
WHEREAS,Member has statutory authority to provide transit services and to enter into
agreements with other entities within Maricopa County to provide transit services (A.R.S.
Section 11-951,et seq.); and,
WHEREAS,RPTA is a political subdivision of the state of Arizona,established for the
purpose of planning and providing public transportation services (A.R.S. Section 48-5121;
A.R.S.Section 48-5101,et seq.); and,
WHEREAS, as a political subdivision of the state of Arizona RPTA "may contract and
enter into stipulations of any nature to do all acts necessary and convenient for the full exercise
of its powers granted under A.R.S. Section 48-5101, et seq., including entering into
intergovernmental agreements with other governmental entities (A.R.S. Section 11-951,et seq.);
and,
WHEREAS,RPTA is willing to provide,and Member is willing to purchase or receive
transportation services as detailed in this Agreement;and,
1
FOUNTAINHILLS TRANSIT SERVICES IGA 2014 14
WHEREAS,transit activities are one of those types of activities authorized pursuant to
the aforementioned statutory and other authority,
AGREEMENT
NOW,THEREFORE,for and in consideration of the mutual covenants and
considerations herein contained,it is agreed by the Parties as follows:
SECTION 1.DEFINITIONS
The following capitalized terms shall have the following meaning when used in this
Agreement,unless a different meaning is clearly intended:
"RPTA"means the Regional Public Transportation Authority,a political subdivision of
the State ofArizona.
"Member"means the Town of Fountain Hills,Arizona municipal corporation and a
community within the service area ofthe Regional Public Transportation Authority (RPTA).
"Effective Date"means the date on which rights granted hereunder become operative,as
specified in Section 6 hereof.
"Force Majeure"means any event which: (i)causes either party to be unable to perform
under this agreement;and (ii) is outside the reasonable control ofthe party unable to perform and
could not be avoided by such party through the exercise of due care.Force Majeure events
include,without limitation:terrorists,earthquakes,fires, floods,tornadoes,wars,labor strikes or
similar accidents,disputes or similar events.
2
FOUNTAIN HILLS TRANSIT SERVICES IGA 2014 15
SECTION 2.SCOPE OF AGREEMENT
Duringthe term ofthis agreementRPTAshallprovidethe following services:
The Ride Choice Program (Schedule D):Ride Choice is a program which provides
subsidized taxicab services to Fountain Hills residents who have qualifying disabilities and/or
who are 65 years of age or more. Each qualifying resident will receive up to $100.00 of taxicab
serviceper month.Theriderwillpay25%of the cost,andtheTownwillpay the remaining 75%.
Americans with Disabilities Act (ADA)Public Transportation Funds (PTF)(Schedule E)
TheRPTAshalltransferto the Member funds allocatedby the Boardof the RPTA,and specified
in Schedule E, for the purposes of reimbursing Member for the cost to provide Paratransit
servicesto ADAcertifiedindividuals.The Membershall submita PTF Reimbursement Request
Form,Attachment A, certifying that the costs have been incurred and are eligible for
reimbursement.
SECTION 3.RPTA'S OBLIGATIONS:
3.1 With respect to the services provided hereunder,RPTA,shall:
a.Provide Fixed Route Bus,Dial-a-Ride Paratransit Services or other transit
services,administrative services,equipment,personnel and management
services directly or through contractors,as provided in this Agreement.
The RPTA shall ensure that the contractor(s)are duly qualified,licensed,
trained,and have adequate equipment to perform services under this
Agreement;
b.Draft and secure approval for annual operating budgets;
c.Intentionally deleted;
d.Administer the RideChoice Program.
e.Select,oversee and manage the RideChoice contractor and any
subcontractors utilized for this program.
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FOUNTAIN HILLS TRANSIT SERVICES IGA 2014 15
f. Create marketing materials, including brochures, applications and other
documents intended to inform the public about the RideChoice program.
g. Accept applications for RideChoice service and make determinations of
eligibility based on guidelines agreed to by the parties.
h.Forward information for eligible riders to the RideChoice contractor,who
will be responsible for enrolling the rider in the program, for providing the
fare card and for providing customer service and support to the rider as
he/she uses the RideChoice program.
i.Providing monthly reports and invoices to the Town.
j. Managing the budget which the Town has established for the RideChoice
program.
3.2 The RPTA and the Member may conduct service and financial audits,as required,
ofany Services provided hereunder.
3.3 By February 21 of each year, the RPTA shall provide the Member with a detailed
written budget estimate for the provision of transit Services,including the expected sources and
amounts of funding for the next fiscal year.If the Member approves the budget estimate,RPTA
shall prepare an amendment to this Agreement for Member approval ofthe budget estimate.
SECTION 4.TOWN'S OBLIGATIONS:
4.1 With respect to the services provided hereunder,Member,shall:
a.If Member desires services in addition to the Services originally approved in the
schedules hereto,Member shall provide funding adequate to finance such services
over and above funding provided by the RPTA and Member.
b.Intentionally deleted;
c. The Member may purchase and install bus stop signs and associated amenities;
d. The Member shall provide advice to the RPTA and to any operator providing
service required by this Agreement in the preparation and amendment of service
plans;
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FOUNTAIN HILLS TRANSIT SERVICES IGA 2014 15
e.Collaborate with Valley Metro on eligibility guidelines for the RideChoice
program.
f.Assist Valley metro with marketing and outreach as necessary.
g.Establish and communicate the annual budget for the program.
4.2 Member does hereby agree to participate in the Valley Metro Program(s)defined
in Section 2 ofthis agreement.
4.3 Transit Life Cycle Program:Intentionally deleted.
SECTIONS.TERM OF AGREEMENT
This Agreement shall be operative for an indefinite term to be amended on an annual
basis as service needs and as Public Transportation Fund (PTF)reimbursements are agreed. The
Parties do not intend that the term ofthis Agreement shall exceed any limitation imposed by law,
including,without limitation,the laws of the State of Arizona,and agree to comply with any
applicable requirements of such laws in connection with any renewal of the term of this
Agreement.
SECTION 6.EFFECTIVE DATE
This Agreement shall take effect only after it has been approved by Member's Council,
approved by the RPTA Board of Directors,executed by the duly authorized officials of each of
the Parties,approved by the Parties'respective counsel.
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FOUNTAIN HILLS TRANSIT SERVICES IGA 2014 15
SECTION 7.GENERAL CONDITIONS
A.Records and Audit
All books,accounts,reports,files and other records relating to this Agreement
under the custody or control of RPTA or its contractors shall be subject,at all
reasonable times,to inspection and audit by Member and RPTA for five (5)years
after completion of this Agreement.Such records shall be produced at RPTA
offices as and when requested by Member.
B.Covenant Against Contingent Fees
Both Parties warrant that no person has been employed or retained to solicit or
secure this Agreement upon an agreement or understanding for a commission,
percentage,brokerage or contingent fee; and that no member of Congress,no
member of the Member's Council or the RPTA Board of Directors,and no
officer,agent, or employee of the Town or RPTA has any interest,financially or
otherwise,in this Agreement.
C.Alteration in Character ofWork
Minor alterations in the character of work shall be authorized in writing by
Member and acknowledged by RPTA by letter.
D.Termination (and/or Changes in Service)
Member and RPTA hereby agree to full performance of the covenants and
obligations contained herein, except that each reserves the right, at its option and
sole discretion, to terminate or abandon the service provided for in this
Agreement,or any portion thereof.
Termination of this Agreement may be at any time and for any reason, with or
without cause, upon providing ninety (90) calendar days prior written notice to
the other Party. Termination shall be effected by delivery of a Notice of
Termination specifying the extent to which performance of work under the
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FOUNTAIN HILLS TRANSIT SERVICES IGA 2014 15
Agreement is terminated, and the date upon which such termination becomes
effective.
Upon termination, RPTA shall calculate actual expenses incurred up to and
including the date of termination and (if termination was at the election of
Member) any penalty or costs whatsoever (including, but not limited to, any costs
of such termination as a result of Section 49 U.S.C.1609 [formerly Section 13(c)
ofthe Federal Transit Act of1964, as amended] together with any penalty or costs
imposed by other funding sources and any related labor costs (the total ofwhich is
hereinafter referred to as "termination costs").IfMember has paid RPTA sums in
excess ofthe termination costs, RPTA shall refund the excess;ifMemberhas paid
RPTA an amount less than the termination costs, then Member shall pay to RPTA
an amount equal to the difference between the termination costs and the amount
that Member already has paid under this Agreement. Upon termination of this
Agreement, all property used in connection with this Agreement will be promptly
returned to the Party holding title thereto,not considering any state or federal
funding. Final payment shall be made within sixty (60)calendar days after the
termination of service.
SECTION 8.ADDITIONAL WORK
This Section is intentionally left blank.
SECTION 9.AGREEMENT NON-ASSIGNABLE
RPTA may not assign or otherwise transfer any of its rights or obligations hereunder to a
third Party without the express prior written consent of Member,which may be granted or
withheld by Member in its sole and absolute discretion.Any assignment or transfer without such
prior written consent shall be void.
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FOUNTAIN HILLS TRANSIT SERVICES IGA 2014 15
SECTION 10.INDEMNIFICATION
Except for claims arising solely and exclusively from the negligent or willful acts or
omissions of Member, its officers, officials, agents or employees (hereinafter referred to as
"Indemnitee"), RPTA shall indemnify, defend, save and hold the Indemnitee harmless from and
against any and all claims, actions,liabilities,damages,losses, expenses and costs (including
court costs, attorneys' fees and costs of claim processing, primary loss investigation and
litigation) (hereinafter referred to as "Claims") for bodily injury or personal injury (including
death), loss or damage to tangible property: (1) arising under this Agreement, or (2) caused, or
alleged to be caused, in whole or in part, by the negligent or willful acts or omissions ofRPTA
or any of its owners, officers, directors, agents, contractor or employees, including employees
from the Member assigned to work full time for RPTA.
It is the specific intent of the Parties to this contract that the Indemnitee shall, in all
instances except for loss or damage resulting from the sole and exclusive negligence of the
Indemnitee, be indemnified against all liability, loss or damage ofany nature whatever for or on
account ofany injuries to or the death of any person or damages to or the destruction ofproperty
belonging to any person,arising out of or in any way connected with the performance of this
Agreement.
SECTION 11.INSURANCE
RPTA will maintain in force the insurance program approved the by RPTA Board of
Directors and included in RPTA's fiscal year budgets.
SECTION 12.DEFAULT
Either Party shall be deemed in default under this Agreement upon the failure of such
Party to observe or perform any material covenant,condition or agreement on its part to be
observed or performed hereunder,and the continuance ofsuch failure for a period ofthirty (30)
days after written notice by the other Party, as required herein. Such notice shall specify the
failure and request it be remedied, unless the Party giving notice agrees in writing to an
extension of the time period prior to its expiration.However,if the failure stated in the notice
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FOUNTAIN HILLS TRANSIT SERVICES IGA 2014 15
cannot be corrected within the applicable period,it will not give rise to a default hereunder if
corrective action is instituted within the applicable period and diligently pursued until the failure
is corrected.In the event of a default hereunder,the non-defaulting Party may have a breach of
contract claim and remedy against the other in addition to any remedy provided or permitted by
law;provided,however,that no remedy that would have the affect ofamending any provisions
ofthis Agreement shall become effective without the formal amendment ofthis Agreement.
SECTION 13.ISSUE RESOLUTION
Any dispute arising out of the interpretation of any provision of this Agreement,any
policy matter or the determination of an issue offact,which dispute is not resolved at stafflevel,
shall be referred to RPTA's ChiefExecutive Officer and a representative designated by Member.
If,after good faith negotiations aimed at reaching an amicable solution,a dispute cannot be
resolved,the dispute shall be presented to the RPTA Board of Directors for resolution.If not
resolved at this level, the dispute may be brought before a court of competent jurisdiction in
Maricopa County,Arizona.
SECTION 14.NOTICE
Any notice,consent or other communication ("Notice")required or permitted under this
Agreement shall be in writing and either delivered in person,deposited in the United States mail,
postage paid,registered or certified mail,return receipt requested,or deposited with any
commercial air courier or express service addresses as follows:
Ifintended for RPTA:
Regional Public Transportation Authority
Attention:General Counsel
101 N.1st Avenue, Suite 1300
Phoenix,AZ 85003
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FOUNTAIN HILLS TRANSIT SERVICES IGA 2014 15
Ifintended for Member:
Town ofFountain Hills
Attn:Kenneth W.Buchanan,Town Manager
16705 East Avenue ofthe Fountains
Fountain Hills,Arizona 85268
with copy to:
Gust Rosenfeld,PLC
Attn:Andrew J.McGuire
One East Washington Street,Suite 1600
Phoenix,Arizona 85004
Notice shall be deemed received at the time it is personally served or, on the second day
after its deposit with any commercial air courier or express service,ifmailed,ten (10)days after
the notice is deposited in the United States mail as provided.Any time period stated in a Notice
shall be computed from the time the Notice is deemed received.Either Party may change its
mailing address or the person designated to receive notice by notifying the other Party as
provided in this Section.
SECTION 15.AMENDMENT
This Agreement may be modified or amended only by a written document executed by
both RPTA and Member,approved as to form by the Member Attorney,and may be filed with
the Member's Clerk. Such document shall expressly state that it is intended by the Parties to
amend specifically identified terms and conditions ofthis Agreement.
SECTION 16.INTEGRATION
This Agreement,together will the exhibits, instruments and other documents required to
be executed and delivered in connection hereto represents the entire agreement of the parties
with respect to the subject matter hereof, and all agreements entered into prior hereto with
respect to the subject matter hereof are revoked and superseded by this Agreement, and no
representations,warranties,inducements or oral agreements have been made by any of the
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FOUNTAIN HILLS TRANSIT SERVICES IGA 2014 15
parties except as expressly set forth herein, or in other contemporaneous written agreements.
This Agreement may not be changed,modified or rescinded except in writing,signed by all
parties hereto,and any attempt at oral modification of this Agreement shall be void and of no
effect.
SECTION 17.APPLICABLE LAW AND LITIGATION
This Agreement shall be governed by,and construed in accordance with,the laws of the
State ofArizona.Any and all litigation between the Parties arising from this Agreement shall be
litigated solely in the appropriate state court located in Maricopa County,Arizona.
SECTION 18.NON-WAIVER
No covenant or condition ofthis Agreement may be waived by any Party,unless done so
in writing.Forbearance or indulgence by any Party in any regard whatsoever shall not constitute
a waiver ofthe covenants or conditions to be performed by the other.
SECTION 19.SEVERABILITY
Any provision ofthis Agreement that is prohibited or unenforceable under the laws ofthe
State ofArizona shall be ineffective to the extent ofsuch prohibition or unenforceability without
invalidating the remaining provisions hereof.
SECTION 20.BENEFIT AND BINDING EFFECT
The terms and provisions of this Agreement shall inure to the benefit of and are binding
on RPTA and Member and their respective successors and permitted assigns.
SECTION 21.SURVIVAL
The indemnifications and limitations on liability provided in this Agreement shall have
full force and effect notwithstanding any other provisions of this Agreement and shall survive
any termination or expiration thereof.
SECTION 22.FURTHER ASSURANCES
The Parties hereto shall execute such other documents and take such other actions as may
be reasonably necessary or proper to achieve the intent and purposes hereof.
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FOUNTAIN HILLS TRANSIT SERVICES IGA 2014 15
SECTION 23.CONFLICTS OF INTEREST
All Parties hereto acknowledge that this Agreement is subject to cancellation pursuant to
the provisions ofSection 38-511,Arizona Revised Statutes.
SECTION 24.Intentionally deleted.
SECTION 25.CONSTRUCTION AND INTERPRETATION OF AGREEMENT
This Agreement,and each of its provisions,exhibits,terms and conditions,has been
reached through negotiations between the Parties. Accordingly, each of the Parties expressly
acknowledges and agrees that this Agreement shall not be deemed to have been authored,
prepared or drafted by any particular Party, and that the rule of construction that resolves
ambiguities against the drafting party shall not be employed in the interpretation of this
Agreement.
SECTION 26.THIRD-PARTY BENEFICIARIES
This Agreement is intended to benefit the corporate and municipal interests ofRPTA and
Member alone, and no other person shall claim any implied right,benefit or interest in such
services.The Parties do not intend to create rights in or remedies to any third party as a
beneficiary of this Agreement or of any duty,covenant,obligation or undertaking established
under this Agreement.
SECTION 27.POLICE POWER
The Parties acknowledge the right vested in Member pursuant to general law to exercise
its police power for the protection of the health,safety and welfare of its constituents and their
properties.Nothing in this Agreement shall be construed as precluding Member from exercising
such powers in connection with the subject matter hereof.
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FOUNTAIN HILLS TRANSIT SERVICES IGA 2014 15
SECTION 28.
A.COMPLIANCE WITH THE IMMIGRATION REFORM AND CONTROL
ACT of 1986 (IRCA)and with A.R.S.§23-211 - §23-214.
RPTA understands and acknowledges the applicability of IRCA and of §23-211 through
§ 23-214, Arizona Revised Statutes (A.R.S.), to it. RPTA shall comply with IRCA and with
A.R.S. §23-211 through §23-214 in performing under this Agreement.To ensure that RPTA
and its subcontractors complying with the provisions ofthis Section,Member shall have the right
to inspect the personnel and related records and papers of RPTA and of its subcontractors
pertaining to individuals performing work under this Agreement.
Further,Member is prohibited by A.R.S. § 41-4401 from awarding an Agreement to any
contractor who fails, or whose subcontractors fail, to comply with A.R.S.§23-214(A).For this
reason,RPTA shall ensure that both it and each of its subcontractors are in compliance with the
requirements of A.R.S.§23-214(A).In addition,both RPTA and each of RPTA's
subcontractors 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).
A breach of any of the provisions of this Section shall be deemed a material breach of
this Agreement and is subject to penalties up to and including termination ofthe Agreement.
SECTION 29.COMPLIANCE WITH THE E-VERIFY PROGRAM
29.1 Warrant of Compliance -Under the provisions of A.R.S.§41-4401,both Parties
warrant to the other that each Party will comply with all Federal Immigration laws and
regulations that relate to their employees and that each now complies with the E-Verify Program
under A.R.S.§23-214(A).
29.2 Breach of Warranty - A breach of this warranty will be considered a material
breach of this Agreement and may subject the breaching party to penalties up to and including
termination ofthis Agreement.
29.3 Right to Inspect -Both Parties retain the legal right to inspect the papers of any
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FOUNTAIN HILLS TRANSIT SERVICES IGA 2014 15
employee who works on this Contract or subcontract to ensure compliance with the warranty
given above.
29.4 Random Verification -Either Party may conduct a random verification of the
employment records ofthe other to ensure compliance with this warranty.
29.5 Federal Employment Verification Provisions - No Material Breach. A Party will
not be considered in material breach ofthis Agreement if it establishes that it has complied with
the employment verification provisions prescribed by 8 USCA §1324(a) and (b)of the Federal
Immigration and Nationality Act and the E-Verify requirements prescribed by A.R.S. §23-
214(A).
29.6 Inclusion of Article in Other Contracts -The provisions of this Article must be
included in any contract either Party enters into with any and all of its contractors or
subcontractors who provide services under this Agreement.
SECTION 30.CIVIL RIGHTS
The parties agree that as a condition of this Agreement they will each comply with all
applicable civil rights laws and regulations,in accordance with applicable Federal directives,
except to the extent that the Federal government determines otherwise in writing.These include,
but are not limited to,those provisions of Section 12 of that certain United States of America
Department ofTransportation Federal Transit Administration Master Agreement,dated October
1, 2009, as may be amended from time to time,which provisions are hereby incorporated by
reference.
SECTION 31.SUBJECT TO APPROPRIATIONS
The Town is obligated only to pay its obligations set forth in the Agreement as may
lawfully be made from funds appropriated and budgeted for that purpose during the Town's then
current fiscal year. The Town's obligations under this Agreement are current expenses subject to
the "budget law" and the unfettered legislative discretion of the Town concerning budgeted
purposes and appropriation of funds. Should the Town elect not to appropriate and budget funds
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FOUNTAIN HILLS TRANSIT SERVICES IGA 2014 15
to pay its Agreement obligations,this Agreement shall be deemed terminated at the end of the
then-current fiscal year term for which such funds were appropriated and budgeted for such
purpose and the Town shall be relieved ofany subsequent obligation under this Agreement.The
parties agree that the Town has no obligation or duty of good faith to budget or appropriate the
payment of the Town's obligations set forth in this Agreement tn any-budget in any fiscal year
other than the fiscal year in which the Agreement is executed and delivered.The Town shall be
the sole judge and authority in determining the availability offunds for its obligations under this
Agreement.The Town shall keep RPTA informed as to the availability of funds for this
Agreement. The obligation ofthe Town to make any payment pursuant to this Agreement is not
a general obligation or indebtedness of the Town. RPTA hereby waives any and all rights to
bring any claim against the Town from or relating in any way to the Town's termination ofthis
Agreement pursuant to this section.
SECTION 32.INCORPORATION OF EXHIBITS
For each year during the term of this Agreement and in coordination with RPTA's
adopted fiscal year budget process,Schedules hereto shall be revised and incorporated into this
Agreement and made a part hereof as though fully set forth herein.
Schedule "A"Intentionally left blank
Schedule "B"Intentionally left blank
Schedule "C"Intentionally left blank
Schedule "D"Ride Choice
Schedule "E"Americans with Disabilities Act (ADA)Public Transportation Fund (PTF)
Schedule "F"Intentionally left blank
Schedule "G"Intentionally left blank
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FOUNTAIN HILLS TRANSIT SERVICES IGA 2014 15
IN WITNESS WHEREOF,the Parties have each executed this Agreement as of the date
first set forth above.
REGIONAL PUBLIC TRANSPORTATION AUTHORITY (RPTA)
Stephen Gr Banta,ChiefExecutive Officer
APPROVED AS TO FORM:
ichael J./Ladino,General Counsel
TOWN OF FOUNTAIN HILLS (MEMBER)
Linda M.Kavanagh,Mayor,
Bevelyn J.Bender,Town Clerk
APPROVED AS TO FORM:
By:.
Andrew J.McGuire,Town Attorney
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FOUNTAIN HILLS TRANSIT SERVICES IGA 2014 15
SCHEDULE "A"INTENTIONALLY LEFT BLANK
SCHEDULE "B"INTENTIONALLY LEFT BLANK
SCHEDULE "C"INTENTIONALLY LEFT BLANK
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FOUNTAIN HILLS TRANSIT SERVICES IGA 2014 15
SCHEDULE "D"-RIDE CHOICE
The Town of Fountain Hills agrees to participate and financially support the RideChoice
Transportation Services program for Fiscal Year 2014-2015.The Town of Fountain Hills shall
fund this project in the amount of$28,930.00 for the period July 1, 2014 to June 30, 2015. The
Town of Fountain Hills will pay the RPTA for the project in twelve (12) monthly installments of
$2,410.83.Payment of invoices shall become due within thirty (30)calendar days after the
receipt ofan invoice from RPTA.
Regional Public Transportation Authority
RideChoice Program
Town ofFountain Hills
Fiscal Year 2014 -2015
Funding:
PTF ADA Funds $36,400
Coupon Revenue 13,440
City Contributions 28,930
Total Funding $78,770
Expenditures:
Payments to Taxi Cab Companies $57,670
Dialysis Voucher Program 0
Program Cost $57,670
Agency Staff,Overhead,Program Mgmt.16,100
One Time Setup Fee 5,000
Total Expenditures $78,770
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FOUNTAIN HILLS TRANSIT SERVICES IGA 2014 15
SCHEDULE "D"-RIDE CHOICE Cont.
RIDECHOICE PROGRAM
RideChoice is the name of the program that includes the RideChoice Medical Trip Card
and the RideChoice Fare Card. RPTA shall provide the services required to administer, market
and manage the Ride Choice program. The participating City will pay for costs of these
Alternative Transportation Services Programs.
RIDECHOICE MEDICAL TRIP CARD -Intentional deleted.
RIDECHOICE FARE CARD
The RideChoice Fare Card program is available to seniors and individuals with
disabilities who reside in the cities of Mesa,Chandler and Tempe and the Town of Fountain
Hills. Any value up to a maximum of $100 per month may be purchased/added to a customer's
card.
How it Works
•Individuals must complete a RideChoice application which is intended to gather
information needed to verify the individual's eligibility for RideChoice.
•Upon receipt of a completed application,Valley Metro staffwill review the application
and make a determination ofeligibility.
•Once an individual is deemed eligible,Valley Metro will forward the individual's name,
address and other required information to the RideChoice contractor.The RideChoice
contractor will create an electronic account for the new RideChoice customer.
• An eligible RideChoice customer will receive a letter indicating eligibility and a
RideChoice Fare Card. Once notified ofhis/her eligibility,the RideChoice customer will
be able to pay up to $25 per month to his/her account. Payments may be made via the
Internet or by mail.
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FOUNTAIN HILLS TRANSIT SERVICES IGA 2014 15
• Upon receipt ofa payment, the RideChoice contractor will add four times the value of the
customer's payment to the customer's RideChoice account. This value will be available
to the rider via his/her RideChoice Fare Card.Riders can make payments in any
increment up to a total of $25 per month, and riders can carry unused RideChoice account
values forward from one month to the next.At no time can a rider's RideChoice account
accumulate more than $300.
•Once the RideChoice Customer's account is established and funds are deposited,the
customer can use any of approximately eight taxicab and transportation providers
enrolled as RideChoice providers.These companies are under subcontracts to our
RideChoice contractor.When taking a trip on RideChoice,the customer calls the
company ofchoice,indicates that he/she is a RideChoice customer,and schedules his/her
trip in the same manner that any other taxicab customer does so.
• At the time of the trip, the customer swipes his/her RideChoice card upon entering the
vehicle and upon exiting the vehicle.This creates a record of the beginning and ending
points ofthe trip,along with the date and the identity ofthe rider.Upon the conclusion of
the trip, the value of the trip is automatically deducted from the rider's RideChoice
account.
•Approximately three weeks after the end of each month,the RideChoice contractor
provides Valley Metro with an electronic file, showing all RideChoice trips taken. Data
includes the date, time,pick-up and drop-off locations, the rider's name, the mileage and
the cost of the trip.Valley Metro uses this information to allocate RideChoice costs
among the participating cities. Valley Metro provides each participating city with a
detailed report showing its share of the RideChoice service.
• Because funds may be limited, Valley metro can cap enrollment and/or adjust the subsidy
for a given city or town.
Valley Metro and the Town will establish a cap based on available funding. This cap may be
adjusted by Valley Metro at the direction of Fountain Hills, based on available funds or changes
in the amount of service to be provided to each eligible participant.Initially,this cap is set at 40
participants.Once the cap is reached, no new participants will be enrolled.Instead,qualified
residents will be placed on a waiting list.Ifand when participants drop offthe service and/or in
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FOUNTAIN HILLS TRANSIT SERVICES IGA 2014 15
the event that Fountain Hills raises the cap,Valley Metro will enroll qualified residents on a first
come, first served basis until the cap is again reached.This procedure may be amended by the
mutual consent ofthe parties.
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FOUNTAIN HILLS TRANSIT SERVICES IGA 2014 15
SCHEDULE "E"-AMERICANS WITH DISABILITIES ACT (ACT)-PUBLIC
TRANSPORTATION FUNDS (PTF)AVAILABILITY
For the period July 1,2014 to June 30, 2015 the maximum amount of Public
Transportation Funds (PTF)available for the Town of Fountain Hills's is $36,400.00.The PTF
will pay actual costs for ADA trips and other requests for Paratransit service made by ADA
certified Riders up to the maximum amount.A final reconciliation at fiscal year-end will be
performed and adjustments,ifnecessary,will be made using actual ADA eligible costs.
Any remaining ADA PTF funds not credited up to the maximum may be requested by
Town for other ADA certified rider eligible expenses,and certified by the Town's chief financial
officer or designee.RPTA will reimburse Town within thirty (30)business days based upon
availability of funds.Town may request that reimbursements be made electronically.Wire
transfers must be pre-arranged through the RPTA Finance Department.
Maximum amount:$36,400.00
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FOUNTAIN HILLS TRANSIT SERVICES IGA 2014 15
SCHEDULE "F"INTENTIONALLY LEFT BLANK
SCHEDULE "G"INTENTIONALLY LEFT BLANK
23
FOUNTAINHILLS TRANSIT SERVICES IGA 2014 14
0>#
ATTACHMENT "A"-PTF EXPENSE REIMBURSMENT REQUEST
Regional Public Transportation Authority
PTF Expenditure Reimbursement Request
1he information provided will be used bythe Regional Public Transportation Authority(RPTA)lo monitor designated lead agency cash flowto
ensure compliance withARS48-5103. Nofurthermonies may be paid out underthis programunless this report is completedand filed as
required.
RECIPIENT ORGANIZATION NAME AND ADDRESS
TOTAL ELIGIBLE COSTS
TOTAL PREVIOUS PAYMENTS
CURRENT PAYMENT
REQUESTED
REMAINING
FUNDING
PROJECTAGREEMENT NUMBER
REPORTING PERIOD (Datos)
FROM:
REQUEST NO.
TO:
TOTAL PTF SHARE
$S
--
$S
"~
s $
--
s s
--
REQUIRED SIGNATURE
This document must be signed by the recipient's Chief Financial Officer or their designated representative.
CERTIFICATION
i certifythe financial expenditures submitted for reimbursement withthis report, including supporting documentation, are eligible
and allowable expenditures consistent with the project goals and requirements,have not been previously requested,and that
payment is due.I also certify that all matching requirements have been met and sufficient documentation exists in our files and are
available upon request or in the eventof an audit.
SIGNATURE OF AUTHORIZEDCERTIFYING OFFICIAL DATE REQUEST SUBMITTED
TYPED OR PRINTED NAME ANDTITLE TELEPHONE
Instructions
1.Keep a copy of everything submitted.
2. Allproject records,including financial records,must be maintained for 3 years beyond project completion.
For RPTAuse only
Date request received:
Approved for
funds
availability
Life cycle compliance review (signature/date)
"icr
Date of funds transfer
24
FOUNTAIN HILLS TRANSIT SERVICES IGA 2014 15
RESOLUTION 2024-30
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN
OF FOUNTAIN HILLS, ARIZONA, APPROVING AMENDMENTS
TO THE INTERGOVERNMENTAL AGREEEMENTS WITH THE
REGIONAL PUBLIC TRANSPORTATION AUTHORITY RELATING
TO TRANSIT SERVICES.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS as follows:
SECTION 1. The Amendments to the Intergovernmental Agreements with the Regional
Public Transportation Authority relating to transit services (the “Amendments”) are hereby
approved in substantially the form and substance attached hereto as Exhibit A and incorporated
herein by reference.
SECTION 2. The Mayor, the Town Manager, the Town Clerk and the Town Attorney
are hereby authorized and directed to cause the execution of the Amendments and to take all steps
necessary to carry out the purpose and intent of this Resolution.
PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills,
Arizona, June 04, 2024.
FOR THE TOWN OF FOUNTAIN HILLS:ATTESTED TO:
__________________________________ ________________________________
MAYOR TOWN CLERK
REVIEWED BY: APPROVED AS TO FORM:
__________________________________ ________________________________
Town Manager Town Attorney
RESOLUTION 2024-30
TOWN OF FOUNTAIN HILLS, ARIZONA
INTERGOVERNMENTAL AGREEMENT WITH THE
REGIONAL PUBLIC TRANSPORTATION AUTHORITY
RELATING TO TRANSIT SERVICES
(EXHIBIT A)
TRANSIT SERVICES AMENDMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
THE REGIONAL PUBLIC TRANSPORTATION AUTHORITY
CONTRACT # 124-75-2025-08-00
THIS AMENDMENT dated this 1st day of July 2024, amends the following items of the Transit
Services Agreement Contract # 124-75-2024 entered into between the Town of Fountain Hills and the
Regional Public Transportation Authority, dated the 1st day of July 2014 as amended July 1, 2015, July 1,
2017, July 1, 2018, July 1, 2019, July 1, 2021, July 1, 2022, and July 1, 2023.
The following Schedules replace those Schedules of the agreement entered
into July 1, 2023.
The attached Schedule A replaces and supersedes Schedule A entered into July 1, 2023.
The attached Schedule B replaces and supersedes Schedule B entered into July 1, 2023.
The attached Schedule D replaces and supersedes Schedule D entered into July 1, 2023.
The attached Schedule E replaces and supersedes Schedule E entered into July 1, 2023.
All other terms of the Parties Transit Services Agreement dated July 1, 2014, remain unchanged
and in full force and effect.
IN WITNESS WHEREOF, the Parties have each executed this Agreement as of the date
first set forth above.
REGIONAL PUBLIC TRANSPORTATION AUTHORITY (RPTA)
By: _______________________________________
Jessica Mefford-Miller, Chief Executive Officer
APPROVED AS TO FORM:
By: ________________________________________________
Michael Wawro, Chief Legal Officer
TOWN OF FOUNTAIN HILLS (MEMBER)
By: __________________________________________
Rachael Goodwin, Town Manager
By:
Linda Mendenhall, Town Clerk
APPROVED AS TO FORM:
By: __________________________________________
Aaron D. Arnson, Town Attorney
SCHEDULE “A”- REGIONALLY FUNDED FIXED ROUTE BUS SERVICE
FY2024 - 2025
Regionally Funded Fixed Route Bus Service $60,167.00 (including express)
The above line represents the value of transit service paid for by Proposition 400 funds to the benefit of the
Town of Fountain Hills. The calculation to derive this figure is daily revenue miles of service x number of
service days x cost per revenue mile of service.
SCHEDULE “B” – TOWN FUNDED FIXED ROUTE BUS SERVICE
FY2024 - 2025
For the period from July 1, 2024 through June 30, 2025, the Town of Fountain Hills will pay the
Regional Public Transportation Authority a total of $62,309.00 for the provision of fixed route bus
services. This payment will be broken into quarterly installments of $15,577.25, which shall be due and
payable within thirty (30) calendar days of the receipt of an invoice from RPTA. IGA billings will be
processed for the full fiscal year based on the above referenced installments. A final invoice will occur
once the final recon has been completed after our year end close. This final invoice and payment/refund
may be adjusted based on the extent to which the actual cost of service is higher or lower than the
budget amount for service.
SCHEDULE “D” – RIDE CHOICE
FY 2024-25
For the period from July 1, 2024 through June 30, 2025, the Town of Fountain Hills will pay the
Regional Public Transportation Authority a total of $45,625.00 for the provision of RideChoice services.
This payment will be broken into quarterly installments of $11,406.25, which shall be due and payable
within thirty (30) calendar days of the receipt of an invoice from RPTA. IGA billings will be processed for
the full fiscal year based on the above referenced installments. A final invoice will occur once the final
recon has been completed after our year end close. This final invoice and payment/refund may be
adjusted based on the extent to which the actual cost of service is higher or lower than the budget amount
for service.
SCHEDULE “E” – AMERICANS WITH DISABILITIES ACT (ADA) – PUBLIC TRANSPORTATION FUNDS (PTF)
AVAILABILITY
FY 2024-25
For the period July 1, 2024, to June 30, 2025, the maximum amount of Public Transportation
Funds (PTF) available for the Town of Fountain Hills is $77,795.00. The PTF will pay actual costs for ADA
trips and other requests for Paratransit service made by ADA certified Riders up to the maximum
amount. A final reconciliation at fiscal year-end will be performed and adjustments, if necessary, will be
made using actual ADA eligible costs.
Any remaining ADA PTF funds not used up to the maximum reimbursements may be requested
by Town for other ADA certified rider eligible expenses, and certified by the Town’s chief financial officer
or designee. RPTA will reimburse Town within thirty (30) business days based upon availability of funds.
Town may request that reimbursements be made electronically. Wire transfers must be pre-arranged
through the RPTA Finance Department.
Maximum amount FY 2024-25 $77,795.00
RESOLUTION 2024-30
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN
OF FOUNTAIN HILLS, ARIZONA, APPROVING AMENDMENTS
TO THE INTERGOVERNMENTAL AGREEEMENTS WITH THE
REGIONAL PUBLIC TRANSPORTATION AUTHORITY RELATING
TO TRANSIT SERVICES.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS as follows:
SECTION 1. The Amendments to the Intergovernmental Agreements with the Regional
Public Transportation Authority relating to transit services (the “Amendments”) are hereby
approved in substantially the form and substance attached hereto as Exhibit A and incorporated
herein by reference.
SECTION 2. The Mayor, the Town Manager, the Town Clerk and the Town Attorney
are hereby authorized and directed to cause the execution of the Amendments and to take all steps
necessary to carry out the purpose and intent of this Resolution.
PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills,
Arizona, June 04, 2024.
FOR THE TOWN OF FOUNTAIN HILLS:ATTESTED TO:
__________________________________ ________________________________
MAYOR TOWN CLERK
REVIEWED BY: APPROVED AS TO FORM:
__________________________________ ________________________________
Town Manager Town Attorney
RESOLUTION 2024-30
TOWN OF FOUNTAIN HILLS, ARIZONA
INTERGOVERNMENTAL AGREEMENT WITH THE
REGIONAL PUBLIC TRANSPORTATION AUTHORITY
RELATING TO TRANSIT SERVICES
(EXHIBIT A)
TRANSIT SERVICES AMENDMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
THE REGIONAL PUBLIC TRANSPORTATION AUTHORITY
CONTRACT # 124-75-2025-08-00
THIS AMENDMENT dated this 1st day of July 2024, amends the following items of the Transit
Services Agreement Contract # 124-75-2024 entered into between the Town of Fountain Hills and the
Regional Public Transportation Authority, dated the 1st day of July 2014 as amended July 1, 2015, July 1,
2017, July 1, 2018, July 1, 2019, July 1, 2021, July 1, 2022, and July 1, 2023.
The following Schedules replace those Schedules of the agreement entered
into July 1, 2023.
The attached Schedule A replaces and supersedes Schedule A entered into July 1, 2023.
The attached Schedule B replaces and supersedes Schedule B entered into July 1, 2023.
The attached Schedule D replaces and supersedes Schedule D entered into July 1, 2023.
The attached Schedule E replaces and supersedes Schedule E entered into July 1, 2023.
All other terms of the Parties Transit Services Agreement dated July 1, 2014, remain unchanged
and in full force and effect.
IN WITNESS WHEREOF, the Parties have each executed this Agreement as of the date
first set forth above.
REGIONAL PUBLIC TRANSPORTATION AUTHORITY (RPTA)
By: _______________________________________
Jessica Mefford-Miller, Chief Executive Officer
APPROVED AS TO FORM:
By: ________________________________________________
Michael Wawro, Chief Legal Officer
TOWN OF FOUNTAIN HILLS (MEMBER)
By: __________________________________________
Rachael Goodwin, Town Manager
By:
Linda Mendenhall, Town Clerk
APPROVED AS TO FORM:
By: __________________________________________
Aaron D. Arnson, Town Attorney
TRANSIT SERVICES AMENDMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
THE REGIONAL PUBLIC TRANSPORTATION AUTHORITY
CONTRACT # 124-75-2025-08-00
THIS AMENDMENT dated this 1st day of July 2024, amends the following items of the Transit
Services Agreement Contract # 124-75-2024 entered into between the Town of Fountain Hills and the
Regional Public Transportation Authority, dated the 1st day of July 2014 as amended July 1, 2015, July 1,
2017, July 1, 2018, July 1, 2019, July 1, 2021, July 1, 2022, and July 1, 2023.
The following Schedules replace those Schedules of the agreement entered
into July 1, 2023.
The attached Schedule A replaces and supersedes Schedule A entered into July 1, 2023.
The attached Schedule B replaces and supersedes Schedule B entered into July 1, 2023.
The attached Schedule D replaces and supersedes Schedule D entered into July 1, 2023.
The attached Schedule E replaces and supersedes Schedule E entered into July 1, 2023.
All other terms of the Parties Transit Services Agreement dated July 1, 2014, remain unchanged
and in full force and effect.
IN WITNESS WHEREOF, the Parties have each executed this Agreement as of the date
first set forth above.
REGIONAL PUBLIC TRANSPORTATION AUTHORITY (RPTA)
By: _______________________________________
Jessica Mefford-Miller, Chief Executive Officer
APPROVED AS TO FORM:
By: ________________________________________________
Michael Wawro, Chief Legal Officer
TOWN OF FOUNTAIN HILLS (MEMBER)
By: __________________________________________
Rachael Goodwin, Town Manager
By:
Linda Mendenhall, Town Clerk
APPROVED AS TO FORM:
By: __________________________________________
Aaron D. Arnson, Town Attorney
SCHEDULE “A”- REGIONALLY FUNDED FIXED ROUTE BUS SERVICE
FY2024 - 2025
Regionally Funded Fixed Route Bus Service $60,167.00 (including express)
The above line represents the value of transit service paid for by Proposition 400 funds to the benefit of the
Town of Fountain Hills. The calculation to derive this figure is daily revenue miles of service x number of
service days x cost per revenue mile of service.
SCHEDULE “B” – TOWN FUNDED FIXED ROUTE BUS SERVICE
FY2024 - 2025
For the period from July 1, 2024 through April 19, 2025, the Town of Fountain Hills will pay the
Regional Public Transportation Authority a total of $39,861.00 for the provision of fixed route bus
services. This payment will be broken into three quarterly installments of $13,287, which shall be due
and payable within thirty (30) calendar days of the receipt of an invoice from RPTA. IGA billings will be
processed for the full fiscal year based on the above referenced installments. A final invoice will occur
once the final recon has been completed after our year end close. This final invoice and payment/refund
may be adjusted based on the extent to which the actual cost of service is higher or lower than the
budget amount for service.
SCHEDULE “D” – RIDE CHOICE
FY 2024-25
For the period from July 1, 2024 through June 30, 2025, the Town of Fountain Hills will pay the
Regional Public Transportation Authority a total of $45,625.00 for the provision of RideChoice services.
This payment will be broken into quarterly installments of $11,406.25, which shall be due and payable
within thirty (30) calendar days of the receipt of an invoice from RPTA. IGA billings will be processed for
the full fiscal year based on the above referenced installments. A final invoice will occur once the final
recon has been completed after our year end close. This final invoice and payment/refund may be
adjusted based on the extent to which the actual cost of service is higher or lower than the budget amount
for service.
SCHEDULE “E” – AMERICANS WITH DISABILITIES ACT (ADA) – PUBLIC TRANSPORTATION FUNDS (PTF)
AVAILABILITY
FY 2024-25
For the period July 1, 2024, to June 30, 2025, the maximum amount of Public Transportation
Funds (PTF) available for the Town of Fountain Hills is $77,795.00. The PTF will pay actual costs for ADA
trips and other requests for Paratransit service made by ADA certified Riders up to the maximum
amount. A final reconciliation at fiscal year-end will be performed and adjustments, if necessary, will be
made using actual ADA eligible costs.
Any remaining ADA PTF funds not used up to the maximum reimbursements may be requested
by Town for other ADA certified rider eligible expenses, and certified by the Town’s chief financial officer
or designee. RPTA will reimburse Town within thirty (30) business days based upon availability of funds.
Town may request that reimbursements be made electronically. Wire transfers must be pre-arranged
through the RPTA Finance Department.
Maximum amount FY 2024-25 $77,795.00
RESOLUTION 2024-30
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN
OF FOUNTAIN HILLS, ARIZONA, APPROVING AMENDMENTS
TO THE INTERGOVERNMENTAL AGREEEMENTS WITH THE
REGIONAL PUBLIC TRANSPORTATION AUTHORITY RELATING
TO TRANSIT SERVICES.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS as follows:
SECTION 1. The Amendments to the Intergovernmental Agreements with the Regional
Public Transportation Authority relating to transit services (the “Amendments”) are hereby
approved in substantially the form and substance attached hereto as Exhibit A and incorporated
herein by reference.
SECTION 2. The Mayor, the Town Manager, the Town Clerk and the Town Attorney
are hereby authorized and directed to cause the execution of the Amendments and to take all steps
necessary to carry out the purpose and intent of this Resolution.
PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills,
Arizona, June 04, 2024.
FOR THE TOWN OF FOUNTAIN HILLS:ATTESTED TO:
__________________________________ ________________________________
MAYOR TOWN CLERK
REVIEWED BY: APPROVED AS TO FORM:
__________________________________ ________________________________
Town Manager Town Attorney
RESOLUTION 2024-30
TOWN OF FOUNTAIN HILLS, ARIZONA
INTERGOVERNMENTAL AGREEMENT WITH THE
REGIONAL PUBLIC TRANSPORTATION AUTHORITY
RELATING TO TRANSIT SERVICES
(EXHIBIT A)
TRANSIT SERVICES AMENDMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
THE REGIONAL PUBLIC TRANSPORTATION AUTHORITY
CONTRACT # 124-75-2025-08-00
THIS AMENDMENT dated this 1st day of July 2024, amends the following items of the Transit
Services Agreement Contract # 124-75-2024 entered into between the Town of Fountain Hills and the
Regional Public Transportation Authority, dated the 1st day of July 2014 as amended July 1, 2015, July 1,
2017, July 1, 2018, July 1, 2019, July 1, 2021, July 1, 2022, and July 1, 2023.
The following Schedules replace those Schedules of the agreement entered
into July 1, 2023.
The attached Schedule A replaces and supersedes Schedule A entered into July 1, 2023.
The attached Schedule B replaces and supersedes Schedule B entered into July 1, 2023.
The attached Schedule D replaces and supersedes Schedule D entered into July 1, 2023.
The attached Schedule E replaces and supersedes Schedule E entered into July 1, 2023.
All other terms of the Parties Transit Services Agreement dated July 1, 2014, remain unchanged
and in full force and effect.
IN WITNESS WHEREOF, the Parties have each executed this Agreement as of the date
first set forth above.
REGIONAL PUBLIC TRANSPORTATION AUTHORITY (RPTA)
By: _______________________________________
Jessica Mefford-Miller, Chief Executive Officer
APPROVED AS TO FORM:
By: ________________________________________________
Michael Wawro, Chief Legal Officer
TOWN OF FOUNTAIN HILLS (MEMBER)
By: __________________________________________
Rachael Goodwin, Town Manager
By:
Linda Mendenhall, Town Clerk
APPROVED AS TO FORM:
By: __________________________________________
Aaron D. Arnson, Town Attorney
SCHEDULE “A”- REGIONALLY FUNDED FIXED ROUTE BUS SERVICE
FY2024 - 2025
Regionally Funded Fixed Route Bus Service $60,167.00 (including express)
The above line represents the value of transit service paid for by Proposition 400 funds to the benefit of the
Town of Fountain Hills. The calculation to derive this figure is daily revenue miles of service x number of
service days x cost per revenue mile of service.
SCHEDULE “B” – TOWN FUNDED FIXED ROUTE BUS SERVICE
FY2024 - 2025
For the period from July 1, 2024 through April 19, 2025, the Town of Fountain Hills will pay the
Regional Public Transportation Authority a total of $39,861.00 for the provision of fixed route bus
services. This payment will be broken into three quarterly installments of $13,287, which shall be due
and payable within thirty (30) calendar days of the receipt of an invoice from RPTA. IGA billings will be
processed for the full fiscal year based on the above referenced installments. A final invoice will occur
once the final recon has been completed after our year end close. This final invoice and payment/refund
may be adjusted based on the extent to which the actual cost of service is higher or lower than the
budget amount for service.
SCHEDULE “D” – RIDE CHOICE
FY 2024-25
For the period from July 1, 2024 through June 30, 2025, the Town of Fountain Hills will pay the
Regional Public Transportation Authority a total of $45,625.00 for the provision of RideChoice services.
This payment will be broken into quarterly installments of $11,406.25, which shall be due and payable
within thirty (30) calendar days of the receipt of an invoice from RPTA. IGA billings will be processed for
the full fiscal year based on the above referenced installments. A final invoice will occur once the final
recon has been completed after our year end close. This final invoice and payment/refund may be
adjusted based on the extent to which the actual cost of service is higher or lower than the budget amount
for service.
SCHEDULE “D” – RIDE CHOICE CONT.
TOWN FUNDED GENERAL PUBLIC DIAL-A-RIDE SERVICE
FY2024 – 2025
For the period from April 21, 2025 through June 30, 2025, the Town of Fountain Hills will pay the
Regional Public Transportation Authority a total of $6,835 for the provision of Special RideChoice
services from the Fountain Hills Library to either the Mustang Transit Center is Scottsdale, or the Gilbert
Road and McDowell P&R on a reservation based system. AM trips will be offered from the library at 6:30
am and 7:00 am, and PM trips will be offered at 5:10 pm and 6:20 pm, all reservation based. This
payment will be part of the 4th quarter installment which shall be due and payable within thirty (30)
calendar days of the receipt of an invoice from RPTA. IGA billings will be processed for the full fiscal year
based on the above referenced installments. A final invoice will occur once the final recon has been
completed after our year end close. This final invoice and payment/refund may be adjusted based on
the extent to which the actual cost of service is higher or lower than the budget amount for service.
Individuals needing to use the service will register with the RideChoice program and will be enrolled in
the 400-mile program. Fare will be $3.00 per trip, and once the 400 mile is reached in any calendar
month, the service will not be available until the next calendar month. Total trips to be provided is
calculated at 800 annually and approximately 150 for FY2024 - 2025.
SCHEDULE “E”– AMERICANS WITH DISABILITIES ACT (ADA) – PUBLIC TRANSPORTATION FUNDS (PTF)
AVAILABILITY
FY 2024-25
For the period July 1, 2024, to June 30, 2025, the maximum amount of Public Transportation
Funds (PTF) available for the Town of Fountain Hills is $77,795.00. The PTF will pay actual costs for ADA
trips and other requests for Paratransit service made by ADA certified Riders up to the maximum
amount. A final reconciliation at fiscal year-end will be performed and adjustments, if necessary, will be
made using actual ADA eligible costs.
Any remaining ADA PTF funds not used up to the maximum reimbursements may be requested
by Town for other ADA certified rider eligible expenses, and certified by the Town’s chief financial officer
or designee. RPTA will reimburse Town within thirty (30) business days based upon availability of funds.
Town may request that reimbursements be made electronically. Wire transfers must be pre-arranged
through the RPTA Finance Department.
Maximum amount FY 2024-25 $77,795.00
ITEM 9. F.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 06/04/2024 Meeting Type: Town Council Regular Meeting
Agenda Type: Regular Agenda Submitting Department: Public Works
Prepared by: Justin Weldy, Public Works Director
Staff Contact Information: Justin Weldy, Public Works Director
Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION OF AND POSSIBLE
ACTION: Approval of Cooperative Purchasing Agreement 2024-067 with Empire Caterpillar.
Staff Summary (Background)
Urbanization, development, and changing weather patterns affect the quantity of stormwater and
sediment flows. It is important for the Town to manage changing conditions as well as maintain and
monitor existing drainage infrastructure. Proper management of the stormwater drainage system
ensures that impacts to motorists and Town residents are minimized, and the stormwater runoff is
responsibly conveyed.
Maintaining an adequate stormwater collection and conveyance system is a combined and
cooperative effort between Public Works, Engineering, and the Street Department that requires the
use of specialized heavy equipment.
Currently, the Town has a small dump truck, backhoe, power broom and gannon tractor for storm
sediment removal and maintenance of washes, streets, and drainage structures.
When cleaning confined small spaces (under bridges, larger drainage pipes, etc.), the equipment
utilized is smaller in nature. For the past several years, the Town has utilized contracts or rented
specialized equipment for these purposes.
Growing demand for these specialized services has created long waiting periods and often delayed the
removal of sediment by several months, causing a backlog of maintenance projects.
Having spent three years researching and discussing this issue with the Town Manager, similar
communities, rental companies, and contractors, the Public Works Department is requesting approval
to purchase a skid steer loader and associated auxiliary attachments.
A skid-steer is an important piece of equipment for the Public Works Department and is used for such
tasks as wash maintenance, sediment removal, brush removal, street repairs, parks maintenance, as
well as many one-off jobs known to come up. Many of these are off-road and require a smaller piece
of equipment that can maneuver in tight spaces and on different surfaces.
There are several accompanying attachments/components that staff are requesting approval to
purchase with the skid steer loader. Items such as a pickup sweeper, brush bucket that will provide
important versatility needed in the field.
Skid-steer loaders are on the Arizona State Purchasing Contract and staff have looked at the options
available. In the end, working with Empire in Mesa makes the most sense and is very convenient for
service and parts.
The Public Works Department staff has chosen the Caterpillar 262D3 Cab XPS Compact Track Loader as
the proper unit to purchase for the needs of the Department. The state contract price for the skid
steer and auxiliary attachments is $100,005.65
There is adequate funding in the Environmental Fund to purchase the Caterpillar 262D3 Cab XPS
Compact Track Loader. During the February Budget Workshop Council gave direction to expend the
remaining money from the Environmental Fund and sunset the budgetary line item as this fund no
longer has a dedicated revenue source. Using the Environmental Fund for this purchase is consistent
with the intended purpose of this fund.
Related Ordinance, Policy or Guiding Principle
Public Works Mission Statement
Risk Analysis
Not approving the purchase will delay maintenance and sediment removal from streets after storms.
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
Staff recommends approval of the Caterpillar 262D3 Cab XPS Compact Track Loader as presented
SUGGESTED MOTION
MOVE to approve the purchase of a Caterpillar 262D3 Cab XPS Compact Track Loader and
accompanying attachments/components from Empire Caterpillar for the amount of $100,005.65
Fiscal Impact
Fiscal Impact:$100,005.65
Budget Reference:N/A
Funding Source:Environmental Fund
If Multiple Funds utilized, list here:N/A
Budgeted: if No, attach Budget Adjustment Form:N/A
Attachments
Cooperative Purchasing Agreement
Qoute
Underlying Agreement
Form Review
Inbox Reviewed By Date
Public Works Director (Originator)Justin Weldy 05/23/2024 04:06 PM
Finance Director David Pock 05/28/2024 08:38 AM
Town Attorney Linda Mendenhall 05/28/2024 11:21 AM
Public Works Director (Originator)Justin Weldy 05/28/2024 12:03 PM
Town Attorney Aaron D. Arnson 05/29/2024 12:49 PM
Town Manager Rachael Goodwin 05/29/2024 02:19 PM
Form Started By: Justin Weldy Started On: 05/22/2024 03:45 PM
Final Approval Date: 05/29/2024
1
Contract No. 2024-067
COOPERATIVE PURCHASING AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
EMPIRE SOUTHWEST, LLC
DBA
EMPIRE MACHINERY
THIS COOPERATIVE PURCHASING AGREEMENT (this “Agreement”) is entered
into upon execution, between the Town of Fountain Hills, an Arizona municipal corporation (the
“Town”), and Empire Southwest, LLC, a Delaware limited liability company (the “Contractor”),
dba Empire Machinery.
RECITALS
A.After a competitive procurement process (Solicitation), the State of Arizona, by
and through the Arizona Department of Transportation (“State” or “ADOT”) entered into
Contract No. CTR052847, dated December 4, 2020, as amended (collectively, the “State
Contract”) for the Contractor to provide statewide heavy equipment including accessories. A
copy of the State Contract is incorporated herein by reference, to the extent not inconsistent with
this Agreement.
B.The Town is permitted, pursuant to Section 3-3-27 of the Town Code, to make
purchases under the State Contract, at its discretion and with the agreement of the awarded
Contractor, and the State Contract permits its cooperative use by other public entities, including
the Town.
C.The Town and the Contractor desire to enter into this Agreement for the purpose of
(i) acknowledging their cooperative contractual relationship under the State Contract and this
Agreement, (ii) establishing the terms and conditions by which the Contractor may provide
statewide heavy equipment including accessories (the “Materials and Services”), and
(iii) setting the maximum aggregate amount to be expended pursuant to this Agreement related to
the Materials and Services.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing introduction and recitals, which
are incorporated herein by reference, the following mutual covenants and conditions, and other
good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
the Town and the Contractor hereby agree as follows:
1.Term of Agreement. This Agreement shall be effective as of the date of execution
and attested to by the Town Clerk pursuant to Section 3-3-31 of the Town Code, and shall
remain in full force and effect until December 3, 2024 (the “Initial Term”), unless terminated as
otherwise provided in this Agreement or the State Contract. After the expiration of the Initial
Term, this Agreement may be renewed for up to four successive one-year terms (the “Renewal
Term”) if: (i) it is deemed in the best interests of the Town, subject to availability and
2
appropriation of funds for renewal in each subsequent year, (ii) the term of the State Contract has
not expired or has been extended, (iii) at least 30 days prior to the end of the then-current term of
this Agreement, the Contractor requests, in writing, to extend this Agreement for an additional
one-year term and (iv) the Town approves the additional one-year term in writing (including any
3
price adjustments approved as part of the State Contract), as evidenced by the Town Manager’s
signature thereon, which approval may be withheld by the Town for any reason. The
Contractor’s failure to seek a renewal of this Agreement shall cause this Agreement to terminate
at the end of the then-current term of this Agreement; provided, however, that the Town may, at
its discretion and with the agreement of the Contractor, elect to waive this requirement and
renew this Agreement. The Initial Term and any Renewal Term(s) are collectively referred to
herein as the “Term.” Upon renewal, the terms and conditions of this Agreement shall remain in
full force and effect.
2.Scope of Work. Contractor shall provide to the Town the Services under the terms
and conditions of the State Contract (attached hereto as EXHIBIT A and incorporated by this
reference) and according to the specifications set forth in the Contractor’s Proposal attached
hereto as Exhibit B and incorporated herein by reference.
2.1 Inspection; Acceptance. All Materials and Services are subject to final
inspection and acceptance by the Town. Materials failing to conform to the requirements of this
Agreement and/or the State Contract will be held at Contractor’s risk and may be returned to the
Contractor. If so returned, all costs are the responsibility of the Contractor. Upon discovery of non
-conforming Materials or Services, the Town may elect to do any or all of the following by
written notice to the Contractor: (i) waive the non-conformance; (ii) stop the work immediately;
or
(iii) bring Materials or Services into compliance and withhold the cost of same from any
payments due to the Contractor.
2.2 Cancellation. The Town reserves the right to cancel any work order within
a reasonable time after issuance. Should a work order be canceled, the Town agrees to reimburse
the Contractor, but only for actual and documentable costs incurred by the Contractor due to and
after issuance of the work order. The Town will not reimburse the Contractor for any costs
incurred after receipt of the Town notice of cancellation, or for lost profits, shipment of product
prior to issuance of a work order or for anything not expressly permitted pursuant to this
Agreement.
3.Compensation. The Town shall pay Contractor an amount not to exceed
$100,005.65 (including all renewals) for the Materials and Services at the rates set forth in the
State Contract and as more particularly set forth in Exhibit B.
4.Payments. The Town shall pay the Contractor monthly (and the Contractor shall
invoice monthly), based upon acceptance and delivery of Materials and/or Services performed
and completed to date, and upon submission and approval of invoices. Each invoice shall (i)
contain a reference to this Agreement and the State Contract and (ii) document and itemize all
work completed to date. The invoice statement shall include a record of materials delivered, time
expended, and work performed in sufficient detail to justify payment. Additionally, invoices
submitted without referencing this Agreement and the State Contract will be subject to rejection
and may be returned. All invoices and statements shall be emailed to
accountspayable@fountainhillsaz.gov.
5.Records and Audit Rights. To ensure that the Contractor and its subcontractors
are complying with the warranty under Section 6 below, Contractor’s and its subcontractors’
4
books,
5
records, correspondence, accounting procedures and practices, and any other supporting
evidence relating to this Agreement, including the papers of any Contractor and its
subcontractors’ employees who perform any work or services pursuant to this Agreement (all of
the foregoing hereinafter referred to as “Records”), shall be open to inspection and subject to
audit and/or reproduction during normal working hours by the Town, to the extent necessary to
adequately permit evaluation of the Contractor’s and its subcontractors’ compliance with the
Arizona employer sanctions laws referenced in Section 6 below. To the extent necessary for the
Town to audit Records as set forth in this Section, Contractor and its subcontractors hereby
waive any rights to keep such Records confidential. For the purpose of evaluating or verifying
such actual or claimed costs or units expended, the Town shall have access to said Records, even
if located at its subcontractors’ facilities, from the effective date of this Agreement for the
duration of the work and until three years after the date of final payment by the Town to
Contractor pursuant to this Agreement. Contractor and its subcontractors shall provide the Town
with adequate and appropriate workspace so that the Town can conduct audits in compliance
with the provisions of this Section. The Town shall give Contractor or its subcontractors
reasonable advance notice of intended audits. Contractor shall require its subcontractors to
comply with the provisions of this Section by insertion of the requirements hereof in any
subcontract pursuant to this Agreement.
6.E-verify Requirements. To the extent applicable under ARIZ. REV. STAT. § 41-
4401, the Contractor and its subcontractors warrant compliance with all federal immigration laws
and regulations that relate to their employees and their compliance with the E-verify
requirements under ARIZ. REV. STAT. § 23-214(A). Contractor’s or its subcontractors’ failure to
comply with such warranty shall be deemed a material breach of this Agreement and may result
in the termination of this Agreement by the Town.
7.Israel. Contractor certifies that it is not currently engaged in and agrees for the
duration of this Agreement that it will not engage in a “boycott,” as that term is defined in ARIZ.
REV. STAT. § 35-393, of Israel.
8.China. Pursuant to and in compliance with A.R.S. § 35-394, Vendor hereby
agrees and certifies that it does not currently, and agrees for the duration of this Agreement that
Vendor will not, use: (1) the forced labor of ethnic Uyghurs in the People’s Republic of China;
(2) any goods or services produced by the forced labor of ethnic Uyghurs in the People’s
Republic of China; or (3) any contractors, subcontractors or suppliers that use the forced labor or
any goods or services produced by the forced labor of ethnic Uyghurs in the People’s Republic
of China. Vendor also hereby agrees to indemnify and hold harmless the Town, its officials,
employees, and agents from any claims or causes of action relating to the Town’s action based
upon reliance upon this representation, including the payment of all costs and attorney fees
incurred by the Town in defending such as action.
9.Conflict of Interest. This Agreement may be canceled by the Town pursuant to
ARIZ. REV. STAT. § 38-511.
10.Applicable Law; Venue. This Agreement shall be governed by the laws of the
State of Arizona and a suit pertaining to this Agreement may be brought only in courts in
Maricopa County, Arizona.
11.Agreement Subject to Appropriation. The Town is obligated only to pay its
6
obligations set forth in this Agreement as may lawfully be made from funds appropriated and
budgeted for that purpose during the Town’s then current fiscal year. The Town’s obligations
under this Agreement are current expenses subject to the “budget law” and the unfettered
legislative discretion of the Town concerning budgeted purposes and appropriation of funds.
Should the Town elect not to appropriate and budget funds to pay its Agreement obligations, this
Agreement shall be deemed terminated at the end of the then-current fiscal year term for which
such funds were appropriated and budgeted for such purpose and the Town shall be relieved of
any subsequent obligation under this Agreement. The parties agree that the Town has no
obligation or duty of good faith to budget or appropriate the payment of the Town’s obligations
set forth in this Agreement in any budget in any fiscal year other than the fiscal year in which
this Agreement is executed and delivered. The Town shall be the sole judge and authority in
determining the availability of funds for its obligations under this Agreement. The Town shall
keep Contractor informed as to the availability of funds for this Agreement. The obligation of the
Town to make any payment pursuant to this Agreement is not a general obligation or
indebtedness of the Town. Contractor hereby waives any and all rights to bring any claim against
the Town from or relating in any way to the Town's termination of this Agreement pursuant to
this section.
12. Conflicting Terms. In the event of any inconsistency, conflict or ambiguity
among the terms of this Agreement, the State Contract, the Proposal, and invoices, the
documents shall govern in the order listed herein. Notwithstanding the foregoing, and in
conformity with Section 2 above, unauthorized exceptions, conditions, limitations or provisions
in conflict with the terms of this Agreement or the State Contract (collectively, the
“Unauthorized Conditions”), other than the Town’s project-specific requirements, are expressly
declared void and shall be of no force and effect. Acceptance by the Town of any work order or
invoice containing any such Unauthorized Conditions or failure to demand full compliance with
the terms and conditions set forth in this Agreement or under the State Contract shall not alter
such terms and conditions or relieve Contractor from, nor be construed or deemed a waiver of, its
requirements and obligations in the performance of this Agreement.
13. Rights and Privileges. To the extent provided under the State Contract, the Town
shall be afforded all of the rights and privileges afforded to State and shall be the “State” (as
defined in the State Contract) for the purposes of the portions of the State Contract that are
incorporated herein by reference.
14.Indemnification; Insurance. In addition to and in no way limiting the provisions
set forth in Section 12 above, the Town shall be afforded all of the insurance coverage and
indemnifications afforded to the State to the extent provided under the State Contract, and such
insurance coverage and indemnifications shall inure and apply with equal effect to the Town
under this Agreement including, but not limited to, the Contractor’s obligation to provide the
indemnification and insurance. In any event, the Contractor shall indemnify, defend and hold
harmless the Town and each council member, officer, employee or agent thereof (the Town and
any such person being herein called an “Indemnified Party”), for, from and against any and all
losses, claims, damages, liabilities, costs and expenses (including, but not limited to, reasonable
attorneys’ fees, court costs and the costs of appellate proceedings) to which any such
Indemnified Party may become subject, under any theory of liability whatsoever (“Claims”),
insofar as such Claims (or actions in respect thereof) relate to, arise out of, or are caused by or
based upon the negligent acts, intentional misconduct, errors, mistakes or omissions, in
7
connection with the work or services of the Contractor, its officers, employees, agents, or any tier
of subcontractor in the performance of this Agreement.
15.Laws and Regulations. Consultant shall keep fully informed and shall at all times
during the performance of its duties under this Agreement ensure that it and any person for
whom the Consultant is responsible abides by, and remains in compliance with, all rules,
regulations, ordinances, statutes or laws affecting the Services, including, but not limited to, the
following: (A) existing and future Town and County ordinances and regulations; (B) existing and
future State and Federal laws; and (C) existing and future Occupational Safety and Health
Administration standards.
16.Notices and Requests. Any notice or other communication required or permitted
t0 be given under this Agreement shall be in writing and shall be deemed to have been duly given if
(i) delivered to the party at the address set forth below, (ii) deposited in the U.S. Mail, registered
or certified, return receipt requested, to the address set forth below or (iii) given to a recognized
and reputable overnight delivery service, to the address set forth below:
If to the Town: Town of Fountain Hills
16705 E. Avenue of the Fountains
Fountain Hills, Arizona 85268
Attn: Rachael Goodwin, Town Manager
With Copy to: Town of Fountain Hills
16705 E. Avenue of the Fountains
Fountain Hills, Arizona 85268
Attn: Aaron D. Arnson, Town Attorney
or at such other address, and to the attention of such other person or officer, as any party may
designate in writing by notice duly given pursuant to this subsection. Notices shall be deemed
received: (i) when delivered to the party, (ii) three business days after being placed in the U.S.
Mail, properly addressed, with sufficient postage or (iii) the following business day after being
given to a recognized overnight delivery service, with the person giving the notice paying all
required charges and instructing the delivery service to deliver on the following business day. If
a copy of a notice is also given to a party’s counsel or other recipient, the provisions above
governing the date on which a notice is deemed to have been received by a party shall mean and
refer to the date on which the party, and not its counsel or other recipient to which a copy of the
notice may be sent, is deemed to have received the notice.
[SIGNATURES APPEAR ON FOLLOWING PAGES]
If to Contractor:Empire Southwest, LLC dba Empire Machinery
1725 S. Country Club Dr.
Mesa, Az. 85210
Attn: Doug Calvet
8
9
1
3/14/2024
Town of Fountain Hills
Jeff Pierce
480-749-5285
Re: CAT 262D3
Dear Jeff, on behalf of Empire Machinery and Caterpillar Inc., we are pleased to quote the following.
2024 New Caterpillar 262D3 Cab XPS Compact Track Loader
Standard Equipment
POWERTRAIN -Hydraulic oil temperature
Cat C3.3B diesel engine -Park brake engages
-Gross horsepower per SAE J1349 -Engine emission system
74.3 hp (55.4 kW) @ 2400 RPM Gauges: fuel level and hour meter
-Electric fuel priming pump Storage compartment with netting
-Glow plugs starting aid Ergonomic contoured armrest
-Liquid cooled, direct injection Control interlock system, when operator
Air cleaner, dual element, radial seal leaves seat or armrest raised:
S-O-S sampling valve, hydraulic oil -Hydraulic system disables
Filter, cartridge type, hydraulic -Hydrostatic transmission disables
Filters, canister type, fuel -Parking brake engages
and water separator ROPS cab, open, tilt up
Radiator / hydraulic oil Anti-theft security system w/6-button
cooler (side-by-side) keypad
Spring applied, hydraulically released, FOPS, level I
parking brakes Top and rear windows
Hydrostatic transmission Floormat
Four wheel chain drive Interior rear view mirror
USB charging port
HYDRAULICS Horn
ISO or H pattern controls: Hand (dial) throttle, electronic
Electro/hydraulic implement control
Electro/hydraulic hydrostatic FRAMES
transmission control Lift linkage, vertical path
Chassis, one piece welded
ELECTRICAL Machine tie down points (6)
12 volt electrical system Belly pan cleanout
80 ampere alternator Support, lift arm
Ignition key start/stop/aux switch Rear bumper, welded
Lights:
-LED work lights (2 front, 2 rear) OTHER STANDARD EQUIPMENT
-Gauge backlighting Engine enclosure - lockable
-Two rear tail lights Extended life antifreeze (-37C, -34F)
-Dome light Work tool coupler
Backup alarm Hydraulic oil level sight gauge
Electrical outlet, beacon Radiator coolant level sight gauge
Radiator expansion bottle
OPERATOR ENVIRONMENT Cat ToughGuard TM hose
Operator warning system indicators: Heavy duty flat faced quick disconnects
-Air filter restriction with integrated pressure release
-Alternator output Split D-ring to route work tool hoses
-Armrest raised/operator out of seat along side of left lift arm
-Engine coolant temperature Variable speed hydraulic cooling fan
-Engine oil pressure Per SAE J818-2007 and EN 474-3:2006 and
-Glow plug activation ISO 14397-1:2007
-Hydraulic filter restriction
Configured as Follows
Ref # Description Price
5124262 262D3-CL $66,030
5889091 CAB PACKAGE, ULTRA $21,370
CAB ULTRA INCLUDES: $0
5124319 HYDRAULICS, PERFORMANCE, (H3) $0
5124115 CONTROL, ISO, PROP, WT $0
5124178 POWERTRAIN, TWO SPEED $0
4961671 LIGHTS, LED $0
5124195 ROPS, ENCLOSED WITH A/C (C3) $0
4169265 DISPLAY, ADVANCED, LCD, CAMERA $0
4866957 FAN, COOLING, DEMAND $0
5123404 QUICK COUPLER, HYDRAULIC $0
5369738 SEAT,AIR SUSPENSION,CLOTH,HEAT $0
3456180 STANDARD RADIO(12V),BLUETOOTH $0
5684704 FILM,TWO SPEED W/HIGH FLOW XPS $0
END OF PKG INCLUDES $0
5565899 RIDE CONTROL $1,390
5685602 BATTERY,HD,DISCONNECT, 850 CCA $168
3566082 REAR LIGHTS $0
5398061 DOOR, CAB, POLYCARBONATE $284
5426995 SEAT BELT, 3" $189
5667115 PRODUCT LINK, CELLULAR PL243 $0
1858666 TIRES, 12/16.5 CAT 10PR $1,000
5631163 CERTIFICATION ARR, P65 $0
4223445 FILM, RIDE CONTROL, ANSI $0
5123741 INSTRUCTIONS, ANSI, USA $0
4218926 SERIALIZED TECHNICAL MEDIA KIT $0
0P2266 SHIPPING/STORAGE PROTECTION $274
4359238 FILM, SELF LEVEL, ANSI $0
3455148 COUNTERWEIGHT,MACHINE,EXTERNAL $1,365
0P0226 PACKING, ROLL ON - ROLL OFF $109
0P9003 LANE 3 ORDER $0
2795369 BUCKET-GP, 68", BOCE (ADD) $1,826
PARTS 48” CARRIAGE AND FORKS $1200
PARTS BP118C PICKUP BROOM 90” OVERALL 72” WORKING WIDTH $11,278
PARTS CAT 84” INDUSTRIAL RAKE W (2) GRAPPLE ARMS $6,625
Pricing Summary
Caterpillar List Price: $113,108.00
State Contract CTR052847 Discount 21%: ($23,752.68)
Contract Price: $89,355.32
Dealership prep: $1,406.00
Factory Freight: 1,580.00
Subtotal: $92,341.32
Sales Tax 8.03%: $7,664.33
Total with Tax: $100,005.65
Training: On-site operating and safety training provided by CAT certified product specialist to ensure machine is
run properly to reduce operating costs, reduce unnecessary machine wear, and tear, and maximize productivity.
Availability: Unit reserved for Town of Fountain Hills arriving June 2024.
If you have any questions regarding this information, please let me know. Thank you for allowing Empire
Machinery to assist with your Caterpillar equipment needs.
Doug Calvet
Account Manager
602-622-4917
Doug.Calvet@empire-cat.com
ARIZONA DEPARTMENT OF TRANSPORTATION
1739 W. Jackson Street, MD 100P
Phoenix, AZ 85007
602.712.7211
Contract Amendment Summary
CONTRACTOR: Empire Southwest LLC
CTR052847
AMENDMENT NO.: Five (5)
DESCRIPTION: Statewide Heavy Equipment including Accessories
Rev. 04/2020
Procurement
Pursuant to the Uniform Terms and Conditions, Section 5, Contract Changes, the above referenced contract is
amended. Summary of changes is as follows:
1. Amendment Five (5) to mutually change line number 29 of the contract items to “Minimum catalog
discount for ALLIED-NON CAT CONSTRUCTION PRODUCTS 2% - 24% See Catalog pricing sheet in the
Contractors Proposal attachment” per the Scope of Work, section 3.1 of Contract Documents.
2. Amendment Five (5) to mutually add the updated pricing sheet named “CTR052847 Catalog Pricing
per amendment Five (5)” to the attachments of the contract.
3. All other terms, conditions and provisions of this contract remain unchanged.
ARIZONA DEPARTMENT OF TRANSPORTATION
1739 W. Jackson Street, MD 100P
Phoenix, AZ 85007
602.712.7211
Contract Amendment Summary
CONTRACTOR: Empire Southwest LLC
CTR052847
AMENDMENT NO.: Four (4)
DESCRIPTION: Statewide Heavy Equipment including Accessories
Rev. 04/2020
Procurement
Pursuant to the Uniform Terms and Conditions, Section 5, Contract Changes, the above referenced contract is
amended. Summary of changes is as follows:
1. Amendment Four (4) to mutually extend this contract from December 4, 2023 through December 3,
2024 unless terminated, canceled or extended as otherwise provided in the contract.
2. The executed SPO205 Forced Labor of Ethnic Uyghurs Ban form is hereby included with this
amendment.
3. All other terms, conditions and provisions of this contract remain unchanged.
Procurement
Annual Forced Labor of Ethnic Uyghurs Ban Certification
for Off‐Contract Purchases
SPO Form 205A – Annual Forced Labor of Ethnic Uyghurs Ban Certification | Revision No. 1 | Revised 11‐22
Pursuant to A.R.S. § 35‐394, written certification is required to show that the company entering into a contract with a public
entity does not use the forced labor, or any goods or services produced by the forced labor, of ethnic Uyghurs in the People's
Republic of China.
The purpose of this certification is to cover instances in which state agencies have multiple off‐contract purchases from the
same supplier over the course of a single fiscal year. Instead of asking suppliers to sign a certification each time there is an off‐
contract purchase, this form may be signed once, but cover the whole fiscal year. To comply with this law, a copy of the
current year’s certification must be included with the documentation for each off‐contract purchase with the Purchase Order
Terms and Conditions. To remain compliant with the law, this form must be completed by the supplier prior to each fiscal
year.
Please note that if any of the following apply to the Contractor, then the Offeror shall select the “Exempt Contractor”
option below:
Contractor is a sole proprietorship;
Contractor has fewer than ten (10) employees; OR
Contractor is a non‐profit organization.
In compliance with A.R.S. §§ 35‐394 et seq., all offerors must select one of the following:
☒
The Company submitting this Offer does not use, and agrees not to use during the term of the contract, any of the
following:
Forced labor of ethnic Uyghurs in the People’s Republic of China;
Any goods or services produced by the forced labor of ethnic Uyghurs in the People’s Republic of China; or
Any Contractors, Subcontractors, or suppliers that use the forced labor or any goods or services produced by
the forced labor of ethnic Uyghurs in the People’s Republic of China.
☐ The Company submitting this Offer does participate in use of Forced Uyghurs Labor in the People’s
Republic of China as described in A.R.S. § 35‐394.
☐
Exempt Contractor
Indicate which of the following statements applies to this Contractor (may be more than one):
☐ Contractor is a sole proprietorship;
☐ Contractor has fewer than ten (10) employees; and/or
☐ Contractor is a non‐profit organization.
Certification is valid until the end of the current fiscal year (June 30) after the date of signature.
Empire Southwest, LLC
Company Name Signature of Person Authorized to Sign
1725 S. Country Club Dr. John Helms, Vice President | CFO
Address Printed Name and Title
Mesa AZ 85210
City State Zip Contact Email Address
7/10/2023 480‐633‐4000
Date Contact Phone Number
DocuSign Envelope ID: F12AFCAF-038C-4D40-8565-EDC4B3FD52E7
ARIZONA DEPARTMENT OF TRANSPORTATION
1739 W. Jackson Street, MD 100P
Phoenix, AZ 85007
602.712.7211
Contract Amendment Summary
CONTRACTOR: Empire Southwest LLC
CTR052847
AMENDMENT NO.: Three (3)
DESCRIPTION: Statewide Heavy Equipment including Accessories
Rev. 04/2020
Procurement
Pursuant to the Uniform Terms and Conditions, Section 5, Contract Changes, the above referenced contract is
amended. Summary of changes is as follows:
1. Amendment Three (3) to mutually extend this contract from December 4, 2022 through December
3, 2023 unless terminated, canceled or extended as otherwise provided in the contract.
2. All other terms, conditions and provisions of this contract remain unchanged.
ARIZONA DEPARTMENT OF TRANSPORTATION
1739 W. Jackson Street, MD 100P
Phoenix, AZ 85007
602.712.7211
Contract Amendment Summary
CONTRACTOR: Empire Southwest LLC AMENDMENT NO.: Two (2)
DESCRIPTION: Statewide Heavy Equipment including Accessories
Rev. 04/2020
Procurement
Pursuant to the Uniform Terms and Conditions, Section 5, Contract Changes, the above referenced contract is
amended. Summary of changes is as follows:
1. Amendment One (1) to mutually amend this contract from December 4, 2021 to December 3, 2022
unless terminated, cancelled or extended as otherwise provided in the contract.
2. All other terms, conditions and provisions of this contract remain unchanged.
ARIZONA DEPARTMENT OF TRANSPORTATION
1739 W. Jackson Street, MD 100P
Phoenix, AZ 85007
602.712.7211
Contract Amendment Summary
CONTRACTOR Empire Southwest –CTR052847 AMENDMENT NO.: 1
DESCRIPTION: Heavy Equipment including Accessories
Rev. 04/2020
Procurement
Pursuant to the Uniform Terms and Conditions, Section 5, Contract Changes, the above referenced contract is
amended. Summary of changes is as follows:
1. Amendment Two (2) to mutually add line 36, Freight Charge line item.
2. Amendment Two (2) to mutually add line 37, Additional Tax line item
3. All other terms, conditions and provisions of this contract remain unchanged.
Procurement
ARIZONA DEPARTMENT OF TRANSPORTATION
1739 W. Jackson Street, MD 100P
Phoenix, AZ 85007
602.712.7211
Solicitation Amendment Summary
SOLICITATION NO.: BPM002936 AMENDMENT NO.: One (1)
DESCRIPTION: Statewide Heavy Equipment including Accessories
Rev. 04/2020
Pursuant to the Uniform Instructions to Offerors, Item B.6, Solicitation Amendments, the above referenced
solicitation shall be amended as follows:
1. Section 3.1., Scope of Work is hereby modified to read: “EQUIPMENT AND PRODUCT REQUIREMENTS
A complete and comprehensive line of Heavy Equipment to support the various needs of the Eligible
Agency is requested. Equipment types include, but are not limited to the following:
Offerors are permitted to add future models onto the contract provided they are included under the
above listed Categories.”
2. Section 5.2, Scope of Work is hereby added to read: “Pursuant to the Arizona Procurement Code, A.R.S.
§41-2554, Specific equipment is to be evaluated on the basis of life cycle cost. The equipment specified
for this includes track type tractor (dozer), motor grader, excavator, landfill compactor, wheel tractor
scraper, off-highway truck, wheel loader and track loader.
This life cycle cost involves these components - buyback price, guaranteed maintenance cost and initial
purchase price. The term for the guaranteed maintenance cost and the buyback price is operation for
6,000 hours or 7 years, whichever occurs first.
The buyback price is sometimes referred to as the residual value or repurchase price. The components
of life cycle cost are used for scenario pricing. This is not used for any other item in the solicitation.
After contract award, the cost for these components of life cycle cost will be requested for each quote
for a piece of equipment. Maintenance costs are recorded for all pieces of equipment in Maintenance
Operations. For any repair that is estimated to be over $500, the vendor is contacted for repair decision.
Vendor has the option to perform the repairs.
Each year, the total maintenance costs are reviewed to determine if any exceeded the guaranteed
amount. After review, a settlement and reconciliation meeting will be scheduled with the Contractor(s)
for processing claims of reimbursement of costs in excess of the guarantee.”
Telehandler Motor Graders Trailer/Flatbed
Air Compressor Paver/Tracked/Wheeled Trailer/ Drop Neck
Dozers / Tracked/ Wheeled Rollers/Drum/Vibrate Trailer/ Utility
Excavators / Tracked/ Wheeled Rollers/Wheeled/Pneumatic Trencher
Personnel Lifts Road Widener Water Tank Trailer
Trailer/Crack Sealer Trailer/Bottom Dump Light Towers
Loaders / Backhoe Skid Steer Loaders Trailer/ Equipment Hauling
Loaders / Wheeled / Track Trailer/Tilt
Procurement
ARIZONA DEPARTMENT OF TRANSPORTATION
1739 W. Jackson Street, MD 100P
Phoenix, AZ 85007
602.712.7211
Solicitation Amendment Summary
SOLICITATION NO.: BPM002936 AMENDMENT NO.: One (1)
DESCRIPTION: Statewide Heavy Equipment including Accessories
Rev. 04/2020
3. Revised in Catalog Pricing attachment with the following information is hereby added:
“Contractor shall indicate any extended warranty options below:
Extended Warranty Options
Extended Warranty Term of Warranty Price
4. All other terms, conditions and provisions of this solicitation remain unchanged.
Rev. 04/2020
Procurement
STATE OF ARIZONA
ARIZONA DEPARTMENT OF TRANSPORTATION
1739 W. Jackson St., Ste. A
Phoenix, AZ 85007
REQUEST FOR PROPOSAL
SOLICITATION NUMBER: BPM002936
DESCRIPTION: Statewide Heavy Equipment Including Accessories
QUESTIONS: Inquiries regarding the solicitation are to be submitted online through the State’s e-Procurement
system, Arizona Procurement Portal (APP) (https://app.az.gov/) using the Discussion Forum tab.
OFFERORS ARE STRONGLY ENCOURAGED TO READ THE ENTIRE SOLICITATION.
Pamela Veal
Procurement Officer
Phone: 602-712-7564
Email: PVeal@azdot.gov
This solicitation is issued in accordance with A.R.S. §41-2534 and A.A.C. R2-7-C301 et seq., Competitive Sealed
Proposals.
“An Equal Opportunity Agency”
The Arizona Department of Transportation, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252.42 U.S.C. §§
2000d-4) and the Americans with Disabilities Act (ADA), hereby notifies all bidders that it will affirmatively ensure that any contract entered into
pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this
invitation and will not be discriminated against on the grounds of race, color, national origin in consideration for an award.
Persons that require a reasonable accommodation based on language or disability should contact ADOT’s Procurement Office by phone (602)
712-2089. Requests should be made as early as possible to ensure the State has an opportunity to address the accommodation.
Las personas que requieran asistencia (dentro de lo razonable) ya sea por el idioma o discapacidad deben ponerse en contacto con ADOT (602)
712-2089.
TABLE OF CONTENTS
Solicitation No: BPM002936 Available online at
https://app.az.gov/
Page 2 of 23
Procurement
SECTION PAGE
Notice 1
Table of Contents 2
Specifications 3
Special Terms and Conditions 10
EXHIBITS
1 - Title VI/Non-Discrimination Assurances Appendix A 21
2 - Title VI/Non-Discrimination Assurances Appendix E 22
3 - Usage Report 23
SCOPE OF WORK
Solicitation No: BPM002936 Available online at
https://app.az.gov/
Page 3 of 23
Procurement
1. Statement of Need
1.1. Pursuant to the Arizona Procurement Code, A.R.S. §41-2501 et seq., the State of Arizona
Department of Transportation (Department), has a statewide requirement for the purchase of
various types of Heavy Equipment including Accessories.
2. Introduction and Background
2.1. The State of Arizona intends to establish statewide term contract for purchasing a wide range of
various types of Heavy Equipment that includes accessories. Additionally, the Department
requires the Contractor to provide a diverse and extensive supply of equipment for purchase to be
used at various statewide agencies and locations.
2.2. The State has identified seven (7) categories of equipment listed below. The Contractor shall
provide the goods/services described in all of the following categories:
1. Dozers
2. Excavators
3. Loaders
4. Graders
5. Rollers
6. Trailers
7. Miscellaneous
3. General Requirements
3.1. EQUIPMENT AND PRODUCT REQUIREMENTS
A complete and comprehensive line of Heavy Equipment to support the various needs of the
Eligible Agency is requested. Equipment types include, but are not limited to the following:
Offerors are permitted to add future models onto the contract provided they are included under the above listed Categories.
Telehandler Motor Graders Trailer/Flatbed
Air Compressor Paver/Tracked/Wheeled Trailer/ Drop Neck
Dozers / Tracked/ Wheeled Rollers/Drum/Vibrate Trailer/ Utility
Excavators / Tracked/ Wheeled Rollers/Wheeled/Pneumatic Trencher
Personnel Lifts Road Widener Water Tank Trailer
Trailer/Crack Sealer Trailer/Bottom Dump Light Towers
Loaders / Backhoe Skid Steer Loaders Trailer/ Equipment Hauling
Loaders / Wheeled / Track Trailer/Tilt
SCOPE OF WORK
Solicitation No: BPM002936 Available online at
https://app.az.gov/
Page 4 of 23
Procurement
4. Specific Requirements
4.1. Equipment shall be delivered as a complete unit, certified and ready for immediate job site
operation within the State of Arizona. The equipment supplied shall be a standard model of a
manufacturer experienced in the production of heavy equipment.
4.2. The equipment specified within the scope of work shall be equipped with those items normally
supplied in the stream of commerce. Each unit shall include all specified accessories, parts,
equipment and options that are listed in the manufacturer’s specifications as standard equipment
for the specific model, unless otherwise required by the Eligible Agency. All parts, equipment and
accessories shall conform in strength, quality of material, design and workmanship to recognized
industry standards. Each component of the complete unit shall be adequate for and compatible
with all structural and performance demands placed upon it as a part of the complete unit.
4.3. This equipment will be used statewide at elevations from near sea level to 10,000 feet and in
ambient temperatures ranging from -30 to 120 degrees F. The equipment shall remain
operational under these conditions without special adjustments or alterations.
4.4. All equipment shall conform to all applicable Occupational Health Administration (OSHA), Mine
Safety and Health Administration (MSHA), Federal Motor Carrier Safety Administration (FMCSA),
Federal Motor Vehicle Safety Standards (FMVSS) and Environmental Protection Agency (EPA)
regulations in effect at the time of delivery.
4.5. When equipment is purchased in quantities greater than one, each unit shall be identical in all
aspects of design and manufacturer. The total number of units purchased over the life of the
contract is dependent upon budget resources for each fiscal year, available funds and unforeseen
changes within the Eligible Agency.
4.6. In order to meet the expectations of the Eligible Agency, the Contractor(s) shall have a long
standing presence in the heavy equipment industry and shall be able to provide a full range of
products, equipment, accessories and training services.
4.7. WARRANTY SERVICE REQUIREMENTS: All equipment provided shall include a standard
manufacturer’s warranty. In addition, the Contractor shall offer pricing for extended warranty
options that may be purchased to provide warranty coverage after standard manufacturer’s
warranties expire. At a minimum, extended warranties shall extend warranty coverage to
additional five (5) years / 10,000 hours of operation including parts, labor and transportation
4.7.1. For service calls during the Contractor’s business hours, the Contractor shall acknowledge
the service call within 60 minutes and initialize work within twenty-four (24) hours.
4.7.2. The Contractor shall provide status updates related to repair progress, as requested.
4.7.3. If warranty service requires transport, the Contractor shall be responsible for all costs,
including fuel and labor, of transporting equipment between the equipment’s location
and the Contractor’s service center. The method of transportation must be mutually
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agreed to by the Contractor and the Eligible Agency prior to transport. Transport of the
vehicle shall not be delayed more than one (1) working day from date of notification.
4.8. TRAINING REQUIREMENTS: Training sessions must meet the scope of work requirements. Only
qualified, factory-trained personnel shall conduct training sessions. Personnel shall have a high
level of knowledge and experience relating to the type and model of equipment purchased.
4.8.1. Minimum qualifications of training personnel:
a. Persons conducting the operator’s training must have at least three (3) year of hands
on experience of actually operating the equipment purchased.
b. Persons conducting technician training must be a manufacturer certified technicians
and must have at least three (3) year of hands on experience in actually performing
preventative maintenance and repair of the equipment purchased.
4.8.2. Operator and technician training shall be completed within three months of the
acceptance date of the vehicle or equipment by the Department or Eligible agency.
4.8.3. After initial technician training, the Contractor shall return three months prior to
expiration of manufacturer warranty to conduct refresher training. This training shall be
conducted at shop location or operating location based on the request of the Eligible
Agency.
4.8.4. Upon completion of the Contractor-provided training, the Department or Eligible Agency
shall evaluate whether or not the training was adequate for both the operators and
technicians. The Eligible Agency Training Department reserves the right to determine
whether the Contractor provided training that was acceptable and complete. If the
training is inadequate, the Contractor shall be required to conduct additional training at
no cost to the Eligible Agency, to satisfy the operational and technical training
requirement.
4.8.5. The Department or Eligible Agency may record the training presentations provided by the
Contractor.
4.8.6. Should the Contractor forfeit or be unable to perform any of the required training within
the three month requirement, as outlined in sections 4.8.2. and 4.8.3. of the scope of
work, the Contractor shall incur the cost of the Department or Eligible Agency obtaining
the training requirements from an outside training institution and/or “other”
vendor/supplier. If outside training is not available, the Contractor shall incur all costs in
having said equipment down for repairs until such time the equipment is repaired and/or
training completed.
4.8.7. Operator Training Requirements: The Contractor shall provide up to eight (8) hours of
training at the Eligible Agency location, within the State, that will be receiving the
equipment. Operator training shall coincide with each operator site location work hours.
Operator training shall be scheduled within thirty (30) days from in-service date for a
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mutually agreed upon three months of the acceptance date of the vehicle or equipment
by the Department. This training shall contain the following information:
4.8.7.1. VEHICLE FAMILIARIZATION
a. Description of system and components
b. Maintenance services and lubrication
c. Vehicle operation
4.8.7.2. ENGINE
a. Operation
b. Engine controls manual, electronic, and shut down
4.8.7.3. TRANSMISSION
a. Description of systems and components
b. Operation
c. Maintenance services and lubrication
d. Service requirements (proper methods and intervals)
e. Controls (manual, electronic, if equipped)
f. Integrated emergency warning system
g. PTO (operation, maintenance services, inspections, and lubrication
h. Split shaft PTO operation, if equipped
4.8.7.4. BRAKES AND AIR SUPPLY SYSTEM
a. Description of systems and components
b. Operation
c. Maintenance services, inspection and lubrication of components
d. Warning devices and troubleshooting
e. Anti-lock system, if equipped
4.8.7.5. BODY AND COMPONENTS
a. Lubrication and operator adjustments (if applicable)
4.8.7.6. HYDRAULIC SYSTEMS
a. Description of systems and components
b. Operational controls (manual, electronic and automatic sequencing)
c. Maintenance services
4.8.7.7. Safety Device requirements for equipment operation and operator safety.
4.8.7.8. Learning Objectives- At the conclusion of each training session, the attending
equipment operators will be able to:
a. Describe the operating capabilities and any special or “new” features
present on the equipment.
b. Identify all control devices and in particular those which are new or unique
to this equipment model.
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c. Describe the proper techniques to use for transporting the equipment
including loading and tie-down.
d. Use the Operator’s Manual to identify:
i. Special safety considerations including Cautions and Warnings
applicable to the operation of the equipment.
ii. Manufacturer’s recommended preventive maintenance service intervals
and procedures including pre- and post-operational inspection and
service requirements.
e. Demonstrate on the equipment:
i. The ability to identify inspection and service points.
ii. Proper start-up and shutdown procedures.
iii. Proper use of controls, in particular those that are new or unique to this
equipment model.
iv. The use of proper Safety equipment
4.8.8. Technical Service Training Requirements-The Contractor shall provide qualified, factory-
trained personnel for training sessions of no less than eight (8) hours duration at each
location(s) within the State that will be responsible for maintaining the equipment
purchased under this contract. Training must be scheduled around the technician work
shifts for each Eligible Agency maintenance shop. Technical service training must be
completed within three months of the acceptance date of the purchased equipment by
the Department. After the initial Contractor technician training, the Contractor shall
return three months prior to expiration of warranty to conduct refresher technician
training. All service training shall contain the following information:
4.8.8.1. TECHNICAL MANUALS
a. Format
b. Use
c. Internet access instruction for service manuals, warranty and technical
service bulletins information.
4.8.8.2. VEHICLE FAMILIARIZATION
a. Description of systems and components
b. Maintenance services and lubrication
c. Vehicle operation
d. Warranty specifications and requirements
e. Basic Computer aided diagnostics
4.8.8.3. ENGINE
a. Operation
b. Maintenance services and lubrication
c. Tune-up
d. Engine controls (manual, electronic, if equipped, shut down, computer
controls, if equipped, and troubleshooting)
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e. Cooling system (integrated sub-system with pump for aux. cooling, coolant
recovery system)
f. Oil filtration system
g. Ignition system (diagnosis repair and troubleshooting)
h. Fuel system (diagnosis repair and troubleshooting) Electronic Fuel Injection
(EFI)/Port Fuel Injection (PFI), if equipped
i. Computer aided diagnostics, if equipped.
4.8.8.4. TRANSMISSION
a. Description of systems and components
b. Operation
c. Maintenance services and lubrication
d. Service requirements (proper methods and intervals)
e. Controls (manual, electronic, if equipped)
f. Integrated emergency warning system
g. PTO (operation, maintenance services, repair and troubleshooting, and
lubrication)
h. Split shaft PTO operation, if equipped
4.8.8.5. BRAKES AND AIR SUPPLY SYSTEM
a. Description of systems and components
b. Operation
c. Maintenance services, repair and lubrication of components
d. Repair and component replacement (brakes and air systems)
e. Warning devices and troubleshooting
f. Anti-lock system if equipped
4.8.8.6. BODY AND COMPONENTS
a. Lubrication and service requirements
b. Adjustments (compartment doors, lids and covers)
4.8.8.7. HYDRAULIC SYSTEMS
a. Description of systems and components
b. Operational controls (manual, electronic and automatic sequencing)
c. Robotics / Remote Controls
d. Maintenance services, repair and lubrication
e. Troubleshooting
f. System diagnosis
4.8.8.8. COMPLETE ELECTRICAL COMPONENTS
a. Troubleshooting and repair
4.8.8.9. CALIBRATION SYSTEMS (if applicable)
a. Description of system and components
b. Operation controls
c. Complete calibration procedures
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4.8.8.10. Diagnostic program/scan tool operation and troubleshooting.
4.8.8.11. Learning Objectives- At the completion of these training sessions, the attending
technicians will be able to:
a. Describe the primary equipment systems design features, function &
capabilities.
b. Identify the primary equipment systems component location and function.
c. Use Manufacturer’s reference literature and materials to identify:
i. Manufacturer’s Preventive Maintenance service intervals &
procedures.
ii. Recommended system diagnostic procedures & repair processes
iii. Representative component part numbers & nomenclature.
d. Demonstrate on the equipment, the use of specified diagnostic procedures
and appropriate tools/devices to diagnose the most likely primary
equipment system failures and describe the procedures that would be
required to repair these failures.
5. Contractor’s Responsibilities
5.1. Authorized Service and Repair Facilities
5.1.1. The Contractor shall have the ability to ensure acceptable performance under a
statewide contract. This includes the ability to create and manage numerous
individual accounts for order placement, billing and reporting purposes.
5.1.2. The Contractor shall be a dealer for manufacturer of equipment. Dealers shall
have service locations in Maricopa County, Arizona. The Contractor shall be able
to deliver to the Eligible Agency shown on purchase order and provide warranty
repair at local a dealer.
6. Department’s Responsibilities
6.1. The Eligible Agencies will provide final acceptance and approval of any equipment and services
delivered.
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1. CONTRACT TERM
The term of any resultant contract shall commence on the effective day of award and shall continue for
a period of twelve months (12) thereafter, unless terminated, cancelled or extended as otherwise
provided herein.
2. CONTRACT EXTENSION
By mutual written contract amendment, any resultant contract may be extended for supplemental
periods of up to a maximum of forty-eight (48) months.
3. ELIGIBLE AGENCIES
The Contract is a “statewide” contract for multiple purchases, projects, or assignments, and can be
purchased against by some or all Eligible Agencies and any Co-Op Buyers that elect to participate. Even if
only one Eligible Agency needs or elects to purchase against the Contract, it is to be construed as being a
“statewide” contract hereunder.
The Contract is an indefinite delivery, indefinite quantity (ID/IQ) type of contract; it is to be construed as
a “delivery order” sub-type of ID/IQ contract to the extent the Work is Materials, and a “task order” sub-
type to the extent the Work is Services.
4. NON-EXCLUSIVE CONTRACT
This contract shall be for the sole convenience of the Department. The Eligible Agencies reserves the
right to obtain like goods or services from another source when necessary. The Off-Contract Purchase
Authorization and subsequent procurement shall be consistent with the Arizona Procurement Code.
5. ORDERING PROCESS
The Contractor shall acknowledge each Order from Eligible Agencies within 1 (one) business day after
receipt by either:
(a) “Approving” the Order electronically in The State’s e-Procurement System, which will
indicate Contractor’s unqualified acceptance of the Order as-issued; or,
(b) “Rejecting” the Order electronically in The State’s e-Procurement System, with a
concurrent explanation by email to relevant originator as to the reason for rejecting it. By
way of reminder, the only grounds on which Contractor may reject or refuse an Order are
those set out in subparagraph 3.14.3 (Orders are Obligatory).
Unless and until Contractor has approved the Order in the State’s e-Procurement System, it will have no
effect under the Contract and will not oblige either State or Contractor. If the relevant Eligible Agency
explicitly instructs at the time that a verbal acceptance is sufficient because of urgency or other unusual
circumstances and Contractor duly gives its verbal acceptance, then Contractor will be deemed to have
accepted the Order immediately upon commencing performance, provided that, Contractor must
follow-up its verbal acceptance by accepting the Purchase Order electronically In The State’s e-
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Procurement System within three (3) business days. Contractor shall thereafter be barred from
subsequently rejecting the Order in The State’s e-Procurement System and if it does so the rejection
will be void.
6. SHIPPING TERMS
Delivery shall be F.O.B. Destination to the location designated herein. Contractor shall retain title and
control of all goods until they are delivered. All risk of transportation and related charges shall be the
responsibility of the Contractor. All claims for visible or concealed damage shall be filed by the
Contractor. The Department will notify the Contractor promptly of any damaged goods and shall assist
the Contractor in arranging for inspection.
7. DELIVERY
Deliveries shall be completed In accordance with the requirements of the contract.
Delivery of the product does not constitute acceptance.
8. INSPECTION AND ACCEPTANCE
Each item delivered shall be subject to a complete inspection by the Department within 10 days after
delivery. Inspection criteria shall include, but not be limited to, conformity to the specifications,
workmanship, quality and materials.
If the delivered product is not accepted and returned for corrective action, an additional fifteen (15)
calendar days shall be allowed for inspection of the corrected or replacement product.
The Contractor shall be responsible for the transport of the material to and from the Department for the
correction of items or workmanship not in compliance with the specifications.
Product returned for corrective action may delay payment. Invoices will be processed for payment only
after the product is accepted.
9. INVOICING and PAYMENT
Separate invoices are required for each shipment of product or delivery of service and shall include at a
minimum:
Department Location’s Name and Address
Vendor Name, Remit to Address and Contact Information
Contract Number
Purchase Order Number
Invoice Number and Date
Date the items were shipped to the Department
Contract Line Item Number
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Line Item Description or Item or Service
Quantity Purchased
Line Item Unit of Measure
Price per Unit and Total per Unit (Labor hours, rate)
Catalog or Other Discount (if applicable)
Net Unit Price and Total per Unit (if applicable)
Applicable taxes
Applicable Shipping/Freight Charges
Total Invoice Amount Due
Invoices not sent to the proper address, late submittals or not containing the necessary and required
information may delay payment. A Contractor whose payments are delayed due to improper invoicing shall
make no claim against the Department or the State for late or finance charges.
The Department will make every effort to process payment for the purchase of product within thirty (30)
calendar days after the Department has conducted the necessary reviews, inspections and acceptance as
described herein.
The department acceptance date will be the valid date for starting the thirty (30) calendar day payment
period.
Payment due dates, including discount periods, will be computed from the date of acceptance or date of
correct invoice (whichever is later) to the date the Department’s warrant is mailed.
10. ESTIMATED USAGE
The Department anticipates considerable usage under this contract. The Department reserves the right
to increase or decrease actual quantities ordered as circumstances may require. No guarantees are
made concerning actual purchases under this contract.
11. PRICE REDUCTION
A price reduction adjustment may be offered at any time during the term of a contract and shall become
effective upon notice through a written contract amendment.
12. PRICE INCREASE
The Department will review fully documented requests for price increases for any contract which will or
has been in effect for twelve (12) months. The request shall be submitted no less than 60 days prior to
the contract renewal date. The Contractor shall provide fully documented information which supports
the price increase request. Fully documented means that the request shall present detailed information
and calculations that make it clear how the claimed increase has an impact on the contract unit prices.
All assumptions regarding cost factors that have an impact on the requested increase shall also be
clearly identified and justified. The requested price increase must be based upon a cost increase that
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was clearly unpredictable at the time of the offer and can be shown to directly affect the price of the
item concerned. Any price increase adjustment request prior to the time of contract extension will be a
factor in the extension review process. The Department will determine whether the requested price
increase or an alternate option, is in the best interest of the State.
13. SAFETY STANDARDS
Items supplied under this contract shall comply with all current applicable safety standards and
regulations including the Occupational Safety and Health Standards of the State of Arizona Industrial
Commission, the National Electric Code and the National Fire Protection Association Standards.
14. WARRANTY
The Contractor warrants:
1. That all services performed hereunder shall conform to the requirements of this contract and shall be
performed by qualified personnel in accordance with the highest professional standards.
2. That all items furnished hereunder shall conform to the requirements of this contract and shall be free
from defects in design materials and workmanship. Any defects of design, workmanship or materials shall
be fully corrected by the Contractor (including parts and labor) without cost to the Department.
3. The warranty period on workmanship and materials shall be based on a minimum of twelve (12)
months from the time of acceptance by the Department.
15. CURRENT PRODUCTS
All products supplied under this contract shall be in current and ongoing production; shall have been
formally announced for general marketing purposes; shall be a model or type currently functioning in a user
(paying customer) environment and capable of meeting or exceeding all specifications and requirements set
forth in the contract.
16. PRODUCT DISCONTINUANCE
In the event that a product or model is discontinued by the manufacturer, the Department at its sole
discretion may allow the Contractor to provide a substitute for the discontinued item. The Contractor
shall request authorization to substitute a new product or model and provide the following:
1. A formal announcement from the manufacturer that the product or model has been
discontinued.
2. Documentation from the manufacturer that names the replacement product or model.
3. Documentation that provides clear and convincing evidence that the replacement meets or
exceeds all specifications required by the original solicitation.
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4. Documentation that provides clear and convincing evidence that the replacement will be
compatible with all the functions or uses of the discontinued product or model.
5. Documentation confirming that the price for the replacement is the same as or less than the
discontinued product or model.
17. CONTRACT ADMINISTRATION
The Contractor shall contact the assigned Procurement Officer for guidance or direction in matters of
contract interpretation or questions regarding the terms, conditions or scope of the contract.
18. NOTICES
All notices, requests, demands, consents, approvals, and other communications which may or are
required to be served or given hereunder (for the purposes of this provisions collectively called
“Notices”), shall be in writing and shall be sent by certified United States mail, return receipt requested,
or by any other method that provides evidence of receipt, addressed to the party or parties to receive
such notice as follows:
a. If intended for the State, to:
Arizona Department of Transportation, Procurement Group
1739 W. Jackson Street, MD 100P
Phoenix, Arizona 85007-3276
b. If intended for the Contractor, to the address as identified in the Contractor’s electronic vendor
profile.
Or to such other address as either party may from time to time furnish in writing to the other by notice
hereunder. Any notice so mailed shall be deemed to have been given as of the date such notice is
received as shown on the return receipt. Furthermore, such notice may be given by delivering personally
such notice, if intended for the State, to the Arizona Department of Transportation, Procurement Officer
and, if intended for the Contractor, to the person named on the Offer & Contract Award of this contract,
or to such other person as either party may from time to time furnish in writing to the other by notice
hereunder. Any notice so delivered shall be deemed to have been given as of the date such notice is
personally delivered to the other party.
19. CANCELLATION FOR POSSESSION OF WEAPONS ON ADOT PROPERTY
This contract may be cancelled if Contractor or any subcontractors or others in the employ or under the
supervision of the Contractor or subcontractors is found to be in possession of weapons.
Possession of weapons (firearms, explosive device, knife or blade of more than three inches, or any
other instrument designed for lethal or disabling use) is prohibited on ADOT property.
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Further, if the Contractor or any subcontractors or others in the employ or under the supervision of the
Contractors or subcontractors are asked by an ADOT official to leave the ADOT property, they are
advised that failure to comply with such a request shall result in cancellation of the contract and anyone
who refuses, whether armed or not, is subject to prosecution under A.R.S. § 13-1502, "Criminal trespass
in the third degree; classification."
20. INDEMNIFICATION CLAUSE
To the fullest extent permitted by law, Contractor shall defend, indemnify, and hold harmless the State
of Arizona, and its departments, agencies, boards, commissions, universities, officers, officials, agents,
and employees (hereinafter referred to as “Indemnitee”) from and against any and all claims, actions,
liabilities, damages, losses, or expenses (including court costs, attorneys’ fees, and costs of claim
processing, investigation and litigation) (hereinafter referred to as “Claims”) for bodily injury or personal
injury (including death), or loss or damage to tangible or intangible property caused, or alleged to be
caused, in whole or in part, by the negligent or willful acts or omissions of Contractor or any of its
owners, officers, directors, agents, employees or subcontractors. This indemnity includes any claim or
amount arising out of, or recovered under, the Workers’ Compensation Law or arising out of the failure
of such Contractor to conform to any federal, state, or local law, statute, ordinance, rule, regulation, or
court decree. It is the specific intention of the parties that the Indemnitee shall, in all instances, except
for Claims arising solely from the negligent or willful acts or omissions of the Indemnitee, be indemnified
by Contractor from and against any and all claims. It is agreed that Contractor will be responsible for
primary loss investigation, defense, and judgment costs where this indemnification is applicable. In
consideration of the award of this contract, the Contractor agrees to waive all rights of subrogation
against the State of Arizona, its officers, officials, agents, and employees for losses arising from the work
performed by the Contractor for the State of Arizona.
This indemnity shall not apply if the contractor or sub-contractor(s) is/are an agency, board, commission
or university of the State of Arizona.
21. INSURANCE
The Contractor shall furnish Certificate(s) of Insurance inclusive of the following requirements to the
Department. Certificate(s) shall be received within ten (10) calendar days of notification of contract
award by the Procurement Officer.
21.1. Contractor and subcontractors shall procure and maintain, until all of their obligations have
been discharged, including any warranty periods under this Contract, insurance against claims
for injury to persons or damage to property arising from, or in connection with, the
performance of the work hereunder by the Contractor, its agents, representatives, employees
or subcontractors.
21.2. The Insurance Requirements herein are minimum requirements for this Contract and in no
way limit the indemnity covenants contained in this Contract. The State of Arizona in no way
warrants that the minimum limits contained herein are sufficient to protect the Contractor
from liabilities that arise out of the performance of the work under this Contract by the
Contractor, its agents, representatives, employees or subcontractors, and the Contractor is
free to purchase additional insurance.
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21.3. Minimum Scope and Limits of Insurance: Contractor shall provide coverage with limits of
liability not less than those stated below.
21.3.1. Commercial General Liability (CGL) – Occurrence Form
Policy shall include bodily injury, property damage, and broad form contractual liability
coverage.
General Aggregate $2,000,000
Products – Completed Operations Aggregate $1,000,000
Personal and Advertising Injury $1,000,000
Damage to Rented Premises $50,000
Each Occurrence $1,000,000
a. The policy shall be endorsed, as required by this written agreement, to
include the State of Arizona, and its departments, agencies, boards,
commissions, universities, officers, officials, agents, and employees as
additional insureds with respect to liability arising out of the activities
performed by or on behalf of the Contractor.
b. Policy shall contain a waiver of subrogation endorsement, as required by
this written agreement, in favor of the State of Arizona, and its
departments, agencies, boards, commissions, universities, officers, officials,
agents, and employees for losses arising from work performed by or on
behalf of the Contractor.
21.3.2. Business Automobile Liability: Bodily Injury and Property Damage for any owned, hired,
and/or non-owned automobiles used in the performance of this Contract.
Combined Single Limit (CSL) $1,000,000
a. Policy shall be endorsed, as required by this written agreement, to include the State of
Arizona, and its departments, agencies, boards, commissions, universities, officers,
officials, agents, and employees as additional insureds with respect to liability arising
out of the activities performed by, or on behalf of, the Contractor involving automobiles
owned, hired and/or non-owned by the Contractor.
b. Policy shall contain a waiver of subrogation endorsement as required by this written
agreement in favor of the State of Arizona, and its departments, agencies, boards,
commissions, universities, officers, officials, agents, and employees for losses arising
from work performed by or on behalf of the Contractor.
21.3.3. Workers’ Compensation and Employers' Liability
Workers' Compensation Statutory
Employers' Liability
o Each Accident $1,000,000
o Disease – Each Employee $1,000,000
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o Disease – Policy Limit $1,000,000
a. Policy shall contain a waiver of subrogation endorsement, as required by this
written agreement, in favor of the State of Arizona, and its departments,
agencies, boards, commissions, universities, officers, officials, agents, and
employees for losses arising from work performed by or on behalf of the
Contractor.
b. This requirement shall not apply to each Contractor or subcontractor that is
exempt under A.R.S. § 23-901, and when such Contractor or subcontractor
executes the appropriate waiver form (Sole Proprietor or Independent
Contractor).
21.4. Additional Insurance Requirements: The policies shall include, or be endorsed to include, as
required by this written agreement, the following provisions:
21.4.1. The Contractor's policies, as applicable, shall stipulate that the insurance afforded the
Contractor shall be primary and that any insurance carried by the Department, its agents,
officials, employees or the State of Arizona shall be excess and not contributory insurance,
as provided by A.R.S. § 41-621 (E).
21.4.2. Insurance provided by the Contractor shall not limit the Contractor’s liability assumed under
the indemnification provisions of this Contract.
21.5. Notice of Cancellation
Applicable to all insurance policies required within the Insurance Requirements of this
Contract, Contractor’s insurance shall not be permitted to expire, be suspended, be canceled,
or be materially changed for any reason without thirty (30) days prior written notice to the
State of Arizona. Within two (2) business days of receipt, Contractor must provide notice to
the State of Arizona if they receive notice of a policy that has been or will be suspended,
canceled, materially changed for any reason, has expired, or will be expiring. Such notice shall
be sent directly to the Department and shall be mailed, emailed, hand delivered or sent by
facsimile transmission to (State Representative’s Name, Address & Fax Number).
21.6. Acceptability of Insurers
Contractor’s insurance shall be placed with companies licensed in the State of Arizona or hold
approved non-admitted status on the Arizona Department of Insurance List of Qualified
Unauthorized Insurers. Insurers shall have an “A.M. Best” rating of not less than A- VII. The
State of Arizona in no way warrants that the above-required minimum insurer rating is
sufficient to protect the Contractor from potential insurer insolvency.
21.7. Verification of Coverage
Contractor shall furnish the State of Arizona with certificates of insurance (valid ACORD form
or equivalent approved by the State of Arizona) evidencing that Contractor has the insurance
as required by this Contract. An authorized representative of the insurer shall sign the
certificates.
21.7.1. All such certificates of insurance and policy endorsements must be received by the State
before work commences. The State’s receipt of any certificates of insurance or policy
SPECIAL TERMS AND CONDITIONS
Solicitation No: BPM002936 Available online at
https://app.az.gov/
Page 18 of 23
Procurement
endorsements that do not comply with this written agreement shall not waive or otherwise
affect the requirements of this agreement.
21.7.2. Each insurance policy required by this Contract must be in effect at, or prior to,
commencement of work under this Contract. Failure to maintain the insurance policies as
required by this Contract, or to provide evidence of renewal, is a material breach of
contract.
21.7.3. All certificates required by this Contract shall be sent directly to the Department. The State
of Arizona project/contract number and project description shall be noted on the certificate
of insurance. The State of Arizona reserves the right to require complete copies of all
insurance policies required by this Contract at any time.
21.8. Subcontractors
Contractor’s certificate(s) shall include all subcontractors as insureds under its policies or
Contractor shall be responsible for ensuring and/or verifying that all subcontractors have valid
and collectable insurance as evidenced by the certificates of insurance and endorsements for
each subcontractor. All coverages for subcontractors shall be subject to the minimum
Insurance Requirements identified above. The Department reserves the right to require, at
any time throughout the life of the Contract, proof from the Contractor that its subcontractors
have the required coverage.
21.9. Approval and Modifications
The Contracting Agency, in consultation with State Risk, reserves the right to review or make
modifications to the insurance limits, required coverages, or endorsements throughout the
life of this contract, as deemed necessary. Such action will not require a formal Contract
amendment but may be made by administrative action.
21.10. Exceptions
In the event the Contractor or subcontractor(s) is/are a public entity, then the Insurance
Requirements shall not apply. Such public entity shall provide a certificate of self-insurance. If
the Contractor or subcontractor(s) is/are a State of Arizona agency, board, commission, or
university, none of the above shall apply.
22. USAGE REPORT
The Contractor shall furnish the Department a quarterly report showing purchasing activity under
this contract. This usage report shall be provided in a form substantially equivalent to Exhibit 3.
Usage reports shall be submitted to the Procurement Officer no later than 30 days after the end of
each quarter.
Usage report quarters shall be defined as follows:
January through March – Report due April 30
April through June – Report due July 30
July through September – Report due October 30
October through December – Report due January 30
SPECIAL TERMS AND CONDITIONS
Solicitation No: BPM002936 Available online at
https://app.az.gov/
Page 19 of 23
Procurement
Contractor shall submit to State a Quarterly Usage Report documenting all Contract sales to both Eligible
Agencies and Co-Op Buyers, itemized separately. A Quarterly Usage Report shall still be submitted, even
if there have been no sales to either Eligible Agencies and/or Co-Op Buyers. Contractor shall further
itemize divisions, groups or areas within a given Eligible Agency if they place Orders independently of
each other. Failure to submit the report is a material breach of contract, and will entitle State to its
remedies under Article 8 and its right to terminate for default under Article 9. Contractor shall submit
the report using the forms and following the instructions on the State Procurement Office website:
https://spo.az.gov/contractor-resources/statewide-contracts-administrative-fee
23. CO-OP USAGE
Contractor shall verify if an ordering entity is a bona fide Co-Op Buyer before selling Materials to or
providing Services for them under the Contract. The current list of Co-Op Buyers is available on the State
Procurement Office website:
https://spo.az.gov/procurement-services/cooperative-procurement/state-purchasing-cooperative
Contractor shall sell to Co-Op Buyers at the same price and on the same lead times and other terms and
conditions under which it sells to Eligible Agencies, with the sole exception of any legitimately additional
costs for extraordinary shipping or delivery requirements if the Co-Op Buyer is having Materials
delivered or installed or Services performed at locations not contemplated in the contracted pricing (e.g.
delivery to a location outside Arizona).
Contractor shall pay State an administrative fee against all Contract sales to Co-Op Buyers, as provided
for under A.R.S. § 41-2633. The fee rate is one (1%) percent. Failure to remit the administrative fees is a
material breach of contract, and will entitle State to its remedies under Article 8 and its right to
terminate for default under Article 9. Method of calculation, payment procedures, and other details are
provided on the State Procurement Office website:
https://spo.az.gov/contractor-resources/statewide-contracts-administrative-fee
Contractor shall acknowledge each Order from Co-Op Buyers in conformance with each buyer’s
instructions given at the time of ordering or in any supplemental participating agreement Contractor
might have with them. Orders from Co-Op Buyers create no obligation on State’s part, since they are
entirely between the Co-Op Buyer and Contractor. That notwithstanding, Contractor’s obligation under
the Contract is to service Co-Op Buyers commercially as though they were with an Eligible Agency, and
Contractor’s refusal to do so would be a material breach of the Contract.
24. LICENSES, PERMITS, CERTIFICATIONS
Contractor, at their expense, shall maintain in current status without any violations, complaints, or
suspensions during the term of this contract all Federal, State and Local licenses, permits and
certifications required for the operation of a business conducted by the Contractor.
25. SERIAL NUMBERS
SPECIAL TERMS AND CONDITIONS
Solicitation No: BPM002936 Available online at
https://app.az.gov/
Page 20 of 23
Procurement
Equipment supplied under this contract must contain an original manufacturer’s serial number. Serial
number may not be altered in any way. Throughout the contract term, the Department reserves the
right to reject any altered equipment.
26. POST AWARD MEETING
At the discretion of the Department, the Contractor, at their expense, shall attend and participate in
post award meetings as scheduled by the Procurement Officer.
EXHIBIT 1
Title VI/Non-Discrimination Assurances
Appendix A
Solicitation No: BPM002936 Available online at
https://app.az.gov/
Page 21 of 23
Procurement
During the performance of this contract, the contractor, for itself, its assignees, and successors in interest
(hereinafter referred to as the "contractor") agrees as follows:
1. Compliance with Regulations: The contractor (hereinafter includes consultants) will comply with the Acts
and the Regulations relative to Non-discrimination in Federally-assisted programs of the U.S. Department of
Transportation, the Federal Highway Administration, as they may be amended from time to time, which are
herein incorporated by reference and made a part of this contract.
2. Non-discrimination: The contractor, with regard to the work performance by it during the contract, will not
discriminate on the grounds of race, color, or national origin in the selection and retention of
subcontractors, including procurements of materials and leases of equipment. The contractor will not
participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including
employment practices when the contract covers any activity, project, or program set forth in Appendix B of
49 CFR Part 21.
3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations,
either by competitive bidding, or negotiation made by the contractor for work to be performed under a
subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or
supplier will be notified by the contractor of the contractor's obligations under this contract and the Acts
and Regulations relative to Non-discrimination on the grounds of race, color, or national origin.
4. Information and Reports: The contractor will provide all information and reports required by the Acts, the
Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts,
other sources of information, and its facilities as may be determined by the Recipient or the Federal
Highway Administration to be pertinent to ascertain compliance with such Acts, Regulations, and
instructions. Where any information required of a contractor is in the exclusive possession of another who
fails or refuses to furnish the information, the contractor will so certify to the Recipient or the Federal
Highway Administration, as appropriate, and will set forth what efforts it has made to obtain the
information.
5. Sanctions for Noncompliance: In the event of a contractor's noncompliance with the Non-discrimination
provisions of this contract, the Recipient will impose such contract sanctions as it or the Federal Highway
Administration ,may determine to be appropriate, including, but not limited to:
a. withholding payments to the contractor under the contract until the contractor complies;
and/or
b. cancelling, terminating, or suspending a contract, in whole or in part.
6. Incorporation of Provisions: The contractor will include the provisions of paragraphs one through six in
every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts,
the Regulations and directives issued pursuant thereto. The contractor will take action with request to any
subcontract or procurement as the Recipient or the Federal Highway Administration may direct as a means
of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor
becomes involved in, or is threatened with litigation by a subcontractor or supplier because of such
direction, the contractor may request the Recipient to enter into any litigation to protect the interests of the
Recipient. In addition, the contractor may request the United States to enter into the litigation to protect
the interests of the United States.
EXHIBIT 2
Title VI/Non-Discrimination Assurances
Appendix E
Solicitation No: BPM002936 Available online at
https://app.az.gov/
Page 22 of 23
Procurement
During the performance of this contract, the contractor, for itself, its assignees, and successors in interest
(hereinafter referred to as the "contractor") agrees to comply with the following non-discrimination statutes
and authorities; including but not limited to:
Pertinent Non-Discrimination Authorities:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on
the basis of race, color, national origin): and 49 CFR Part 21.
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601),
(prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or
Federal-aid programs and projects);
• Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 etseq.), (prohibits discrimination on the basis of sex);
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination
on the basis of disability); and 49 CFR Part 27;
• The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the
basis of age);
• Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits
discrimination based on race, creed, color, national origin, or sex);
• The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of
Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the
Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of
the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such
programs or activities are Federally funded or not);
• Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability
in the operation of public entities, public and private transportation systems, places of public
accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of
Transportation regulations at 49 C.F.R. parts 37 and 38;
• The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits
discrimination on the basis of race, color, national origin, and sex);
• Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-
Income Populations, which ensures discrimination against minority populations by discouraging programs,
policies, and activities with disproportionately high and adverse human health or environmental effects on
minority and low-income populations;
• Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and
resulting agency guidance, national origin discrimination includes discrimination because of limited English
proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP
persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating
because of sex in education programs or activities (20 U.S.C. 1687 et. seq).
EXHIBIT 3
Quarterly Usage Report
Solicitation No: BPM002936 Available online at
https://app.az.gov/
Page 23 of 23
Procurement
• This exhibit outlines the content required for the quarterly usage report. Usage reports will be submitted to the appropriate Procurement Officer
in accordance with the requirements specified in Special Terms and Conditions. The Department reserves the right to make additions, deletions and
changes as deemed necessary.
Reporting Period:
Contract ID/Code: Contact Name: Alternate Contact Name:
Contract
Label/Description:
Contact Phone
Number:
Alternate Contact Phone
Number:
Contractor: Contact Email: Alternate Contact Email:
Contractor Address:
Agency Customer
Name
Delivery
Address
PO Number
or Identify
as “P-Card”
Order
Date
Contract
Item
Number
Contract Item
Description
Part/Product
Code Quantity Unit of
Measure
Contract
Unit Price
Contract
Extended
Price
Invoice
Number
Uniform Terms and Conditions Page 1 of 10
Updated: July 1, 2013
UNIFORM TERMS AND CONDITIONS
Version 9
1. Definition of Terms
As used in this Solicitation and any resulting Contract, the terms listed below are defined as
follows:
1.1. “Attachment” means any item the Solicitation requires the Offeror to submit as part of
the Offer.
1.2. “Contract” means the combination of the Solicitation, including the Uniform and Special
Instructions to Offerors, the Uniform and Special Terms and Conditions, and the
Specifications and Statement or Scope of Work; the Offer and any Best and Final Offers;
and any Solicitation Amendments or Contract Amendments.
1.3. "Contract Amendment" means a written document signed by the Procurement Officer
that is issued for the purpose of making changes in the Contract.
1.4. “Contractor” means any person who has a Contract with the State.
1.5. “Days” means calendar days unless otherwise specified.
1.6. “Exhibit” means any item labeled as an Exhibit in the Solicitation or placed in the Exhibits
section of the Solicitation.
1.7. “Gratuity” means a payment, loan, subscription, advance, deposit of money, services, or
anything of more than nominal value, present or promised, unless consideration of
substantially equal or greater value is received.
1.8. “Materials” means all property, including equipment, supplies, printing, insurance and
leases of property but does not include land, a permanent interest in land or real
property or leasing space.
1.9. “Procurement Officer” means the person, or his or her designee, duly authorized by the
State to enter into and administer Contracts and make written determinations with
respect to the Contract.
1.10. “Services” means the furnishing of labor, time or effort by a contractor or subcontractor
which does not involve the delivery of a specific end product other than required reports
and performance, but does not include employment agreements or collective bargaining
agreements.
1.11. “Subcontract” means any Contract, express or implied, between the Contractor and
another party or between a subcontractor and another party delegating or assigning, in
whole or in part, the making or furnishing of any material or any service required for the
performance of the Contract.
1.12. “State” means the State of Arizona and Department or Agency of the State that executes
the Contract.
1.13. “State Fiscal Year” means the period beginning with July 1 and ending June 30.
Uniform Terms and Conditions Page 2 of 10
Updated: July 1, 2013
2. Contract Interpretation
2.1. Arizona Law. The Arizona law applies to this Contract including, where applicable, the
Uniform Commercial Code as adopted by the State of Arizona and the Arizona
Procurement Code, Arizona Revised Statutes (A.R.S.) Title 41, Chapter 23, and its
implementing rules, Arizona Administrative Code (A.A.C.) Title 2, Chapter 7.
2.2. Implied Contract Terms. Each provision of law and any terms required by law to be in
this Contract are a part of this Contract as if fully stated in it.
2.3. Contract Order of Precedence. In the event of a conflict in the provisions of the
Contract, as accepted by the State and as they may be amended, the following shall
prevail in the order set forth below:
2.3.1. Special Terms and Conditions;
2.3.2. Uniform Terms and Conditions;
2.3.3. Statement or Scope of Work;
2.3.4. Specifications;
2.3.5. Attachments;
2.3.6. Exhibits;
2.3.7. Documents referenced or included in the Solicitation.
2.4. Relationship of Parties. The Contractor under this Contract is an independent
Contractor. Neither party to this Contract shall be deemed to be the employee or agent
of the other party to the Contract.
2.5. Severability. The provisions of this Contract are severable. Any term or condition
deemed illegal or invalid shall not affect any other term or condition of the Contract.
2.6. No Parole Evidence. This Contract is intended by the parties as a final and complete
expression of their agreement. No course of prior dealings between the parties and no
usage of the trade shall supplement or explain any terms used in this document and no
other understanding either oral or in writing shall be binding.
2.7. No Waiver. Either party’s failure to insist on strict performance of any term or condition
of the Contract shall not be deemed a waiver of that term or condition even if the party
accepting or acquiescing in the nonconforming performance knows of the nature of the
performance and fails to object to it.
3. Contract Administration and Operation
3.1. Records. Under A.R.S. § 35-214 and § 35-215, the Contractor shall retain and shall
contractually require each subcontractor to retain all data and other “records” relating
to the acquisition and performance of the Contract for a period of five years after the
completion of the Contract. All records shall be subject to inspection and audit by the
State at reasonable times. Upon request, the Contractor shall produce a legible copy of
any or all such records.
Uniform Terms and Conditions Page 3 of 10
Updated: July 1, 2013
3.2. Non-Discrimination. The Contractor shall comply with State Executive Order No. 2009-
09 and all other applicable Federal and State laws, rules and regulations, including the
Americans with Disabilities Act.
3.3. Audit. Pursuant to ARS § 35-214, at any time during the term of this Contract and five
(5) years thereafter, the Contractor’s or any subcontractor’s books and records shall be
subject to audit by the State and, where applicable, the Federal Government, to the
extent that the books and records relate to the performance of the Contract or
Subcontract.
3.4. Facilities Inspection and Materials Testing. The Contractor agrees to permit access to its
facilities, subcontractor facilities and the Contractor’s processes or services, at
reasonable times for inspection of the facilities or materials covered under this Contract.
The State shall also have the right to test, at its own cost, the materials to be supplied
under this Contract. Neither inspection of the Contractor’s facilities nor materials
testing shall constitute final acceptance of the materials or services. If the State
determines non-compliance of the materials, the Contractor shall be responsible for the
payment of all costs incurred by the State for testing and inspection.
3.5. Notices. Notices to the Contractor required by this Contract shall be made by the State
to the person indicated on the Offer and Acceptance form submitted by the Contractor
unless otherwise stated in the Contract. Notices to the State required by the Contract
shall be made by the Contractor to the Solicitation Contact Person indicated on the
Solicitation cover sheet, unless otherwise stated in the Contract. An authorized
Procurement Officer and an authorized Contractor representative may change their
respective person to whom notice shall be given by written notice to the other and an
amendment to the Contract shall not be necessary.
3.6. Advertising, Publishing and Promotion of Contract. The Contractor shall not use,
advertise or promote information for commercial benefit concerning this Contract
without the prior written approval of the Procurement Officer.
3.7. Property of the State. Any materials, including reports, computer programs and other
deliverables, created under this Contract are the sole property of the State. The
Contractor is not entitled to a patent or copyright on those materials and may not
transfer the patent or copyright to anyone else. The Contractor shall not use or release
these materials without the prior written consent of the State.
3.8. Ownership of Intellectual Property. Any and all intellectual property, including but not
limited to copyright, invention, trademark, trade name, service mark, and/or trade
secrets created or conceived pursuant to or as a result of this contract and any related
subcontract (“Intellectual Property”), shall be work made for hire and the State shall be
considered the creator of such Intellectual Property. The agency, department, division,
board or commission of the State of Arizona requesting the issuance of this contract
shall own (for and on behalf of the State) the entire right, title and interest to the
Intellectual Property throughout the world. Contractor shall notify the State, within
thirty (30) days, of the creation of any Intellectual Property by it or its subcontractor(s).
Contractor, on behalf of itself and any subcontractor(s), agrees to execute any and all
document(s) necessary to assure ownership of the Intellectual Property vests in the
State and shall take no affirmative actions that might have the effect of vesting all or
part of the Intellectual Property in any entity other than the State. The Intellectual
Property shall not be disclosed by contractor or its subcontractor(s) to any entity not the
Uniform Terms and Conditions Page 4 of 10
Updated: July 1, 2013
State without the express written authorization of the agency, department, division,
board or commission of the State of Arizona requesting the issuance of this contract.
3.9. Federal Immigration and Nationality Act. The contractor shall comply with all federal,
state and local immigration laws and regulations relating to the immigration status of
their employees during the term of the contract. Further, the contractor shall flow down
this requirement to all subcontractors utilized during the term of the contract. The State
shall retain the right to perform random audits of contractor and subcontractor records
or to inspect papers of any employee thereof to ensure compliance. Should the State
determine that the contractor and/or any subcontractors be found noncompliant, the
State may pursue all remedies allowed by law, including, but not limited to; suspension
of work, termination of the contract for default and suspension and/or debarment of the
contractor.
3.10 E-Verify Requirements. In accordance with A.R.S. § 41-4401, Contractor warrants
compliance with all Federal immigration laws and regulations relating to employees and
warrants its compliance with Section A.R.S. § 23-214, Subsection A.
3.11 Offshore Performance of Work Prohibited.
Any services that are described in the specifications or scope of work that directly serve
the State of Arizona or its clients and involve access to secure or sensitive data or
personal client data shall be performed within the defined territories of the United
States. Unless specifically stated otherwise in the specifications, this paragraph does not
apply to indirect or 'overhead' services, redundant back-up services or services that are
incidental to the performance of the contract. This provision applies to work performed
by subcontractors at all tiers.
4. Costs and Payments
4.1. Payments. Payments shall comply with the requirements of A.R.S. Titles 35 and 41, Net
30 days. Upon receipt and acceptance of goods or services, the Contractor shall submit
a complete and accurate invoice for payment from the State within thirty (30) days.
4.2. Delivery. Unless stated otherwise in the Contract, all prices shall be F.O.B. Destination
and shall include all freight delivery and unloading at the destination.
4.3. Applicable Taxes.
4.3.1. Payment of Taxes. The Contractor shall be responsible for paying all applicable
taxes.
4.3.2. State and Local Transaction Privilege Taxes. The State of Arizona is subject to all
applicable state and local transaction privilege taxes. Transaction privilege taxes
apply to the sale and are the responsibility of the seller to remit. Failure to
collect such taxes from the buyer does not relieve the seller from its obligation
to remit taxes.
4.3.3. Tax Indemnification. Contractor and all subcontractors shall pay all Federal,
state and local taxes applicable to its operation and any persons employed by
the Contractor. Contractor shall, and require all subcontractors to hold the State
harmless from any responsibility for taxes, damages and interest, if applicable,
contributions required under Federal, and/or state and local laws and
Uniform Terms and Conditions Page 5 of 10
Updated: July 1, 2013
regulations and any other costs including transaction privilege taxes,
unemployment compensation insurance, Social Security and Worker’s
Compensation.
4.3.4. IRS W9 Form. In order to receive payment the Contractor shall have a current
I.R.S. W9 Form on file with the State of Arizona, unless not required by law.
4.4. Availability of Funds for the Next State fiscal year. Funds may not presently be available
for performance under this Contract beyond the current state fiscal year. No legal
liability on the part of the State for any payment may arise under this Contract beyond
the current state fiscal year until funds are made available for performance of this
Contract.
4.5. Availability of Funds for the current State fiscal year. Should the State Legislature enter
back into session and reduce the appropriations or for any reason and these goods or
services are not funded, the State may take any of the following actions:
4.5.1. Accept a decrease in price offered by the contractor;
4.5.2. Cancel the Contract; or
4.5.3. Cancel the contract and re-solicit the requirements.
5. Contract Changes
5.1. Amendments. This Contract is issued under the authority of the Procurement Officer
who signed this Contract. The Contract may be modified only through a Contract
Amendment within the scope of the Contract. Changes to the Contract, including the
addition of work or materials, the revision of payment terms, or the substitution of work
or materials, directed by a person who is not specifically authorized by the procurement
officer in writing or made unilaterally by the Contractor are violations of the Contract and
of applicable law. Such changes, including unauthorized written Contract Amendments
shall be void and without effect, and the Contractor shall not be entitled to any claim
under this Contract based on those changes.
5.2. Subcontracts. The Contractor shall not enter into any Subcontract under this Contract for
the performance of this contract without the advance written approval of the
Procurement Officer. The Contractor shall clearly list any proposed subcontractors and
the subcontractor’s proposed responsibilities. The Subcontract shall incorporate by
reference the terms and conditions of this Contract.
5.3. Assignment and Delegation. The Contractor shall not assign any right nor delegate any
duty under this Contract without the prior written approval of the Procurement Officer.
The State shall not unreasonably withhold approval.
6. Risk and Liability
6.1. Risk of Loss: The Contractor shall bear all loss of conforming material covered under this
Contract until received by authorized personnel at the location designated in the
purchase order or Contract. Mere receipt does not constitute final acceptance. The risk
of loss for nonconforming materials shall remain with the Contractor regardless of
receipt.
Uniform Terms and Conditions Page 6 of 10
Updated: July 1, 2013
6.2. Indemnification
6.2.1. Contractor/Vendor Indemnification (Not Public Agency) The parties to this
contract agree that the State of Arizona, its departments, agencies, boards and
commissions shall be indemnified and held harmless by the contractor for the
vicarious liability of the State as a result of entering into this contract. However,
the parties further agree that the State of Arizona, its departments, agencies,
boards and commissions shall be responsible for its own negligence. Each party
to this contract is responsible for its own negligence.
6.2.2. Public Agency Language Only Each party (as 'indemnitor') agrees to indemnify,
defend, and hold harmless the other party (as 'indemnitee') from and against
any and all claims, losses, liability, costs, or expenses (including reasonable
attorney's fees) (hereinafter collectively referred to as 'claims') arising out of
bodily injury of any person (including death) or property damage but only to the
extent that such claims which result in vicarious/derivative liability to the
indemnitee, are caused by the act, omission, negligence, misconduct, or other
fault of the indemnitor, its officers, officials, agents, employees, or volunteers."
6.3. Indemnification - Patent and Copyright. The Contractor shall indemnify and hold
harmless the State against any liability, including costs and expenses, for infringement of
any patent, trademark or copyright arising out of Contract performance or use by the
State of materials furnished or work performed under this Contract. The State shall
reasonably notify the Contractor of any claim for which it may be liable under this
paragraph. If the contractor is insured pursuant to A.R.S. § 41-621 and § 35-154, this
section shall not apply.
6.4. Force Majeure.
6.4.1 Except for payment of sums due, neither party shall be liable to the other nor
deemed in default under this Contract if and to the extent that such party’s
performance of this Contract is prevented by reason of force majeure. The term
“force majeure” means an occurrence that is beyond the control of the party
affected and occurs without its fault or negligence. Without limiting the
foregoing, force majeure includes acts of God; acts of the public enemy; war;
riots; strikes; mobilization; labor disputes; civil disorders; fire; flood; lockouts;
injunctions-intervention-acts; or failures or refusals to act by government
authority; and other similar occurrences beyond the control of the party
declaring force majeure which such party is unable to prevent by exercising
reasonable diligence.
6.4.2. Force Majeure shall not include the following occurrences:
6.4.2.1. Late delivery of equipment or materials caused by congestion at a
manufacturer’s plant or elsewhere, or an oversold condition of the
market;
6.4.2.2. Late performance by a subcontractor unless the delay arises out of a
force majeure occurrence in accordance with this force majeure term
and condition; or
6.4.2.3. Inability of either the Contractor or any subcontractor to acquire or
Uniform Terms and Conditions Page 7 of 10
Updated: July 1, 2013
maintain any required insurance, bonds, licenses or permits.
6.4.3. If either party is delayed at any time in the progress of the work by force
majeure, the delayed party shall notify the other party in writing of such delay,
as soon as is practicable and no later than the following working day, of the
commencement thereof and shall specify the causes of such delay in such
notice. Such notice shall be delivered or mailed certified-return receipt and shall
make a specific reference to this article, thereby invoking its provisions. The
delayed party shall cause such delay to cease as soon as practicable and shall
notify the other party in writing when it has done so. The time of completion
shall be extended by Contract Amendment for a period of time equal to the time
that results or effects of such delay prevent the delayed party from performing
in accordance with this Contract.
6.4.4. Any delay or failure in performance by either party hereto shall not constitute
default hereunder or give rise to any claim for damages or loss of anticipated
profits if, and to the extent that such delay or failure is caused by force majeure.
6.5. Third Party Antitrust Violations. The Contractor assigns to the State any claim for
overcharges resulting from antitrust violations to the extent that those violations
concern materials or services supplied by third parties to the Contractor, toward
fulfillment of this Contract.
7. Warranties
7.1. Liens. The Contractor warrants that the materials supplied under this Contract are free
of liens and shall remain free of liens.
7.2. Quality. Unless otherwise modified elsewhere in these terms and conditions, the
Contractor warrants that, for one year after acceptance by the State of the materials,
they shall be:
7.2.1. Of a quality to pass without objection in the trade under the Contract
description;
7.2.2. Fit for the intended purposes for which the materials are used;
7.2.3. Within the variations permitted by the Contract and are of even kind, quantity,
and quality within each unit and among all units;
7.2.4. Adequately contained, packaged and marked as the Contract may require; and
7.2.5. Conform to the written promises or affirmations of fact made by the Contractor.
7.3. Fitness. The Contractor warrants that any material supplied to the State shall fully
conform to all requirements of the Contract and all representations of the Contractor,
and shall be fit for all purposes and uses required by the Contract.
7.4. Inspection/Testing. The warranties set forth in subparagraphs 7.1 through 7.3 of this
paragraph are not affected by inspection or testing of or payment for the materials by
the State.
7.5. Compliance With Applicable Laws. The materials and services supplied under this
Uniform Terms and Conditions Page 8 of 10
Updated: July 1, 2013
Contract shall comply with all applicable Federal, state and local laws, and the
Contractor shall maintain all applicable license and permit requirements.
7.6. Survival of Rights and Obligations after Contract Expiration or Termination.
7.6.1. Contractor's Representations and Warranties. All representations and
warranties made by the Contractor under this Contract shall survive the
expiration or termination hereof. In addition, the parties hereto acknowledge
that pursuant to A.R.S. § 12-510, except as provided in A.R.S. § 12-529, the
State is not subject to or barred by any limitations of actions prescribed in A.R.S.,
Title 12, Chapter 5.
7.6.2. Purchase Orders. The Contractor shall, in accordance with all terms and
conditions of the Contract, fully perform and shall be obligated to comply with
all purchase orders received by the Contractor prior to the expiration or
termination hereof, unless otherwise directed in writing by the Procurement
Officer, including, without limitation, all purchase orders received prior to but
not fully performed and satisfied at the expiration or termination of this
Contract.
8. State's Contractual Remedies
8.1. Right to Assurance. If the State in good faith has reason to believe that the Contractor
does not intend to, or is unable to perform or continue performing under this Contract,
the Procurement Officer may demand in writing that the Contractor give a written
assurance of intent to perform. Failure by the Contractor to provide written assurance
within the number of Days specified in the demand may, at the State’s option, be the
basis for terminating the Contract under the Uniform Terms and Conditions or other
rights and remedies available by law or provided by the contract.
8.2. Stop Work Order.
8.2.1. The State may, at any time, by written order to the Contractor, require the
Contractor to stop all or any part, of the work called for by this Contract for
period(s) of days indicated by the State after the order is delivered to the
Contractor. The order shall be specifically identified as a stop work order issued
under this clause. Upon receipt of the order, the Contractor shall immediately
comply with its terms and take all reasonable steps to minimize the incurrence
of costs allocable to the work covered by the order during the period of work
stoppage.
8.2.2. If a stop work order issued under this clause is canceled or the period of the
order or any extension expires, the Contractor shall resume work. The
Procurement Officer shall make an equitable adjustment in the delivery
schedule or Contract price, or both, and the Contract shall be amended in
writing accordingly.
8.3. Non-exclusive Remedies. The rights and the remedies of the State under this Contract
are not exclusive.
8.4. Nonconforming Tender. Materials or services supplied under this Contract shall fully
comply with the Contract. The delivery of materials or services or a portion of the
materials or services that do not fully comply constitutes a breach of contract. On
Uniform Terms and Conditions Page 9 of 10
Updated: July 1, 2013
delivery of nonconforming materials or services, the State may terminate the Contract
for default under applicable termination clauses in the Contract, exercise any of its rights
and remedies under the Uniform Commercial Code, or pursue any other right or remedy
available to it.
8.5. Right of Offset. The State shall be entitled to offset against any sums due the
Contractor, any expenses or costs incurred by the State, or damages assessed by the
State concerning the Contractor’s non-conforming performance or failure to perform the
Contract, including expenses, costs and damages described in the Uniform Terms and
Conditions.
9. Contract Termination
9.1. Cancellation for Conflict of Interest. Pursuant to A.R.S. § 38-511, the State may cancel
this Contract within three (3) years after Contract execution without penalty or further
obligation if any person significantly involved in initiating, negotiating, securing, drafting
or creating the Contract on behalf of the State is or becomes at any time while the
Contract or an extension of the Contract is in effect an employee of or a consultant to
any other party to this Contract with respect to the subject matter of the Contract. The
cancellation shall be effective when the Contractor receives written notice of the
cancellation unless the notice specifies a later time. If the Contractor is a political
subdivision of the State, it may also cancel this Contract as provided in A.R.S. § 38-511.
9.2. Gratuities. The State may, by written notice, terminate this Contract, in whole or in part,
if the State determines that employment or a Gratuity was offered or made by the
Contractor or a representative of the Contractor to any officer or employee of the State
for the purpose of influencing the outcome of the procurement or securing the Contract,
an amendment to the Contract, or favorable treatment concerning the Contract,
including the making of any determination or decision about contract performance. The
State, in addition to any other rights or remedies, shall be entitled to recover exemplary
damages in the amount of three times the value of the Gratuity offered by the
Contractor.
9.3. Suspension or Debarment. The State may, by written notice to the Contractor,
immediately terminate this Contract if the State determines that the Contractor has
been debarred, suspended or otherwise lawfully prohibited from participating in any
public procurement activity, including but not limited to, being disapproved as a
subcontractor of any public procurement unit or other governmental body. Submittal of
an offer or execution of a contract shall attest that the contractor is not currently
suspended or debarred. If the contractor becomes suspended or debarred, the
contractor shall immediately notify the State.
9.4. Termination for Convenience. The State reserves the right to terminate the Contract, in
whole or in part at any time when in the best interest of the State, without penalty or
recourse. Upon receipt of the written notice, the Contractor shall stop all work, as
directed in the notice, notify all subcontractors of the effective date of the termination
and minimize all further costs to the State. In the event of termination under this
paragraph, all documents, data and reports prepared by the Contractor under the
Contract shall become the property of and be delivered to the State upon demand. The
Contractor shall be entitled to receive just and equitable compensation for work in
progress, work completed and materials accepted before the effective date of the
termination. The cost principles and procedures provided in A.A.C. R2-7-701 shall apply.
Uniform Terms and Conditions Page 10 of 10
Updated: July 1, 2013
9.5. Termination for Default.
9.5.1. In addition to the rights reserved in the contract, the State may terminate the
Contract in whole or in part due to the failure of the Contractor to comply with
any term or condition of the Contract, to acquire and maintain all required
insurance policies, bonds, licenses and permits, or to make satisfactory progress
in performing the Contract. The Procurement Officer shall provide written
notice of the termination and the reasons for it to the Contractor.
9.5.2. Upon termination under this paragraph, all goods, materials, documents, data
and reports prepared by the Contractor under the Contract shall become the
property of and be delivered to the State on demand.
9.5.3. The State may, upon termination of this Contract, procure, on terms and in the
manner that it deems appropriate, materials or services to replace those under
this Contract. The Contractor shall be liable to the State for any excess costs
incurred by the State in procuring materials or services in substitution for those
due from the Contractor.
9.6. Continuation of Performance Through Termination. The Contractor shall continue to
perform, in accordance with the requirements of the Contract, up to the date of
termination, as directed in the termination notice.
10. Contract Claims
All contract claims or controversies under this Contract shall be resolved according to A.R.S. Title
41, Chapter 23, Article 9, and rules adopted thereunder.
11. Arbitration
The parties to this Contract agree to resolve all disputes arising out of or relating to this contract
through arbitration, after exhausting applicable administrative review, to the extent required by
A.R.S. § 12-1518, except as may be required by other applicable statutes (Title 41).
12. Comments Welcome
The State Procurement Office periodically reviews the Uniform Terms and Conditions and
welcomes any comments you may have. Please submit your comments to: State Procurement
Administrator, State Procurement Office, 100 North 15th Avenue, Suite 201, Phoenix, Arizona,
85007.
SPECIAL INSTRUCTIONS TO OFFERORS
Solicitation No: BPM002936 Available online at
https://app.az.gov/
Page 1 of 3
Rev 04/2020
Procurement
1. Inquiries
1.1. All questions related to this solicitation must be submitted through the State’s e-Procurement System,
Arizona Procurement Portal (APP) (https://app.az.gov/) using the Discussion Forum tab. All inquiries must
be marked as Q&A and addressed to the Procurement Officer identified as the solicitation’s owner. Any
other contact shall be directed to the Procurement Officer listed in APP. Questions should reference the
applicable page and paragraph number.
1.2. Pre-Offer Conference
1.2.1. A Pre-Offer Conference will be held at the time and place indicated in the solicitation’s Process
field as found within APP. Attendance is not mandatory but is highly recommended.
1.2.2. The purpose of the conference is to clarify the contents of the solicitation in order to prevent any
misunderstanding of ADOT’s position. Any doubt as to the requirements of the solicitation or any
apparent omission or discrepancy should be presented to ADOT at the conference. ADOT will then
determine any appropriate action necessary. If required, a written amendment to the solicitation
will be issued. Oral statements or instructions will not constitute an amendment to the
solicitation. Only official solicitation amendments issued by the ADOT Procurement Office through
APP shall constitute a change to the solicitation.
2. Evaluation Criteria
2.1. In accordance with the A.R.S. § 41-2534, awards shall be made to the responsible Offeror(s) whose
proposal is determined in writing to be the most advantageous to the State based upon the evaluation
criteria listed below. The evaluation factors are listed in their relative order of importance.
2.1.1. Method of Approach
2.1.2. Experience and Qualifications
2.1.3. Price
2.2. Exceptions to the Terms and Conditions, as stated in the Uniform Instructions Section C.3, may impact an
Offeror’s susceptibility for award.
3. Submitting Offers in APP
3.1. APP Support: To assist in the submission of an offer, Offerors are encouraged to attend the courses offered
by the State Procurement Office and utilize the Quick Reference Guides available. This information can be
found at https://spo.az.gov/app/supplier/training. Additional assistance is available through the APP Help
Desk. The Help Desk can be contacted via email at app@azdoa.gov or via telephone support at (602) 542-
7600. Offerors are encouraged to submit any requests for assistance in a timely manner in order to meet
the bid due date and time identified in APP.
SPECIAL INSTRUCTIONS TO OFFERORS
Solicitation No: BPM002936 Available online at
https://app.az.gov/
Page 2 of 3
Rev 04/2020
Procurement
3.2. Downloading and Uploading Attachments: APP will not save information entered directly on an
Attachment. For all attachments found in the Questionnaire, offerors must download, save, complete and
re-attach the modified Attachments to APP.
3.3. Solicitation Amendments: Solicitation amendments will be issued via APP as a new round. Offerors must
acknowledge receipt of the amendment. If an offer was submitted prior to the issuance of the amendment,
offeror must re-submit their offer in APP. Any offer submitted in a previous round, prior to the amendment
being issued, shall not be accepted.
3.4. APP Questionnaire and Item Tab: All required information found in the Questionnaire and Item tabs must
be completed before an offer can be submitted.
4. Evaluation Process
4.1. Clarifications: In accordance with A.A.C. R2-7-C313, upon receipt and opening of offers submitted in
response to this solicitation, ADOT may request oral or written clarifications, including demonstrations or
questions and answers, for the sole purpose of information gathering or eliminating minor informalities or
correcting nonjudgmental mistakes in offers. Clarifications shall not otherwise afford the Offerors the
opportunity to alter or make a material change in its proposal.
4.2. Responsibility, Responsiveness and Susceptibility: In accordance with A.R.S. 41-2534(G), and A.A.C. R2-7-
C311, A.A.C. R2-7-C312 and R2-7-C316, the State shall consider at a minimum, the following criteria in
determining Offerors' responsibility as well as the proposal’s responsiveness and susceptibility for Contract
award.
4.2.1. Whether the Offeror has had a contract within the last five (5) years that was terminated for cause
due to breach or similar failure to comply with the terms of the contract;
4.2.2. Whether the Offeror’s record of performance includes factual evidence of failure to satisfy the
terms of the Offeror’s agreements with any party to a contract. Factual evidence may consist of
documented vendor performance reports, customer complaints and/or negative references;
4.2.3. Whether the Offeror is legally qualified to contract with the State and the Offeror’s financial,
business, personnel, or other resources, including subcontractors;
4.2.3.1. Legally qualified includes if the vendor or if key personnel have been debarred,
suspended or otherwise lawfully prohibited from participating in any public procurement
activity, including but not limited to, being disapproved as a subcontractor of any public
procurement unit or other governmental body;
4.2.4. Whether the Offeror promptly supplied all requested information concerning its responsibility;
4.2.5. Whether the Offer was sufficient to permit evaluation by the State, in accordance with the
evaluation criteria identified in the solicitation or other necessary offer components. Necessary
offer components include: attachments, documents or forms to be submitted with the offer, an
indication of the intent to be bound, reasonable or acceptable approach to perform the Scope of
Work, acknowledged Solicitation Amendments, references to include experience verification,
SPECIAL INSTRUCTIONS TO OFFERORS
Solicitation No: BPM002936 Available online at
https://app.az.gov/
Page 3 of 3
Rev 04/2020
Procurement
adequacy of financial/business/personal or other resources to include a performance bond and
stability including subcontractors and any other data specifically requested in the Solicitation;
4.2.6. Whether the Offer was in conformance with the requirements contained in the Scope of Work,
Terms and Conditions, and Instructions for the Solicitation including its Amendments and all
documents incorporated by reference;
4.2.7. Whether the Offer limits the rights of the State;
4.2.8. Whether the Offer includes or is subject to unreasonable conditions, to include conditions upon
the State necessary for successful Contract performance. The State shall be the sole determiner as
to the reasonableness of a condition;
4.2.9. Whether the Offer materially changes the contents set forth in the Solicitation, which includes the
Scope of Work, Terms and Conditions, or Instructions; and,
4.2.10. Whether the Offeror provides misleading or inaccurate information.
4.3. Negotiations: In accordance with A.A.C. R2-7-C314, negotiations may be conducted with Offerors who
submit offers determined to be reasonably susceptible of being selected for award. If negotiations are
conducted, the Offeror(s) may revise their offer in writing during negotiations. Award may be made
without negotiations, therefore, offers shall be submitted complete and on most favorable terms.
4.4. Offer Revisions and Best and Final Offers: In accordance with A.A.C. R2-7-C315, if negotiations are
conducted, ADOT may request written revisions to an offer. If negotiations are conducted, ADOT shall
request best and final offers (BAFO). Any request for revision or BAFO shall set forth the date, time and
place for the submission.
4.5. Contract Award: In accordance with the A.R.S. §41-2534, Competitive Sealed Proposals, award(s) shall be
made to the responsible offeror(s) whose offer is determined in writing to be most advantageous to the
State based upon the evaluation factors listed above.
5. Definition of Key Words
5.1. Shall, Must: Indicates a mandatory requirement.
5.2. Should: Indicates something that is recommended but not mandatory. If the offeror fails to provide
recommended information, the State may, at its sole option, ask the offeror to provide the information or
evaluate the proposal without the information.
5.3. May: Indicates something that is not mandatory but permissible
Uniform Instructions to Offerors
Updated: September 2014
Page 1 of 6
UNIFORM INSTRUCTIONS TO OFFERORS
A. Definition of Terms
As used in these Instructions, the terms listed below are defined as follows:
1. “Attachment” means any item the Solicitation requires an Offeror to submit as part of the Offer.
2. “Best and Final Offer” means a revision to an Offer submitted after negotiations are
completed that contains the Offeror’s most favorable terms for price, service, and products to be delivered. Sometimes referred to as a Final Proposal Revision.
3. “Contract” means the combination of the Solicitation, including the Uniform and Special
Terms and Conditions, and the Specifications and Statement or Scope of Work; the Offer, any Clarifications, and any Best and Final Offers; and any Solicitation Amendments or
Contract Amendments.
4. “Contract Amendment” means a written document signed by the Procurement Officer issued for the purpose of making changes in the Contract.
5. “Contractor” means any person who has a Contract with a state governmental unit.
6. “Day” means calendar days unless otherwise specified.
7. “eProcurement (Electronic Procurement)” means conducting all or some of the procurement
function over the Internet. Point, click, buy and ship Internet technology is replacing paper-based procurement and supply management business processes. Elements of
eProcurement also include Invitation for Bids, Request for Proposals, and Request for Quotations.
8. “Exhibit” means any document or object labeled as an Exhibit in the Solicitation or placed in
the Exhibits section of the Solicitation.
9. “Offer” means a response to a solicitation.
10. “Offeror” means a person who responds to a Solicitation.
11. “Person” means any corporation, business, individual, union, committee, club, or other organization or group of individuals.
12. “Procurement Officer” means the person, or his or her designee, duly authorized by the
State to enter into and administer Contracts and make written determinations with respect to the Contract.
13. “Solicitation” means an Invitation for Bids (“IFB”), a Request for Technical Offers, a Request
for Proposals (“RFP”), a Request for Quotations (“RFQ”), or any other invitation or request issued by the purchasing agency to invite a person to submit an offer.
14. “Solicitation Amendment” means a change to the Solicitation issued by the Procurement
Officer.
15. “Subcontract” means any Contract, express or implied, between the Contractor and another party or between a subcontractor and another party delegating or assigning, in whole or in
part, the making or furnishing of any material or any service required for the performance of the Contract.
Uniform Instructions to Offerors
Updated: September 2014
Page 2 of 6
16. “State” means the State of Arizona and Department or Agency of the State that executes the Contract.
B. Inquiries
1. Duty to Examine. It is the responsibility of each Offeror to examine the entire Solicitation,
seek clarification in writing (inquiries), and examine its Offer for accuracy before submitting an Offer. Lack of care in preparing an Offer shall not be grounds for modifying or
withdrawing the Offer after the Offer due date and time.
2. Solicitation Contact Person. Any inquiry related to a Solicitation, including any requests for or inquiries regarding standards referenced in the Solicitation shall be directed solely to the
Procurement Officer.
3. Submission of Inquiries. All inquiries related to the Solicitation are required to be submitted in the State’s eProcurement system. All responses to inquiries will be answered in the
State’s eProcurement system. Any inquiry related to the Solicitation should reference the appropriate solicitation page and paragraph number. Offerors are prohibited from
contacting any State employee other than the Procurement Officer concerning the procurement while the solicitation and evaluation are in process.
4. Timeliness. Any inquiry or exception to the Solicitation shall be submitted as soon as
possible and should be submitted at least seven days before the Offer due date and time for review and determination by the State. Failure to do so may result in the inquiry not being
considered for a Solicitation Amendment.
5. No Right to Rely on Verbal or Electronic Mail Responses. An Offeror shall not rely on verbal or electronic mail responses to inquiries. A verbal or electronic mail reply to an inquiry does
not constitute a modification of the solicitation.
6. Solicitation Amendments. The Solicitation shall only be modified by a Solicitation Amendment.
7. Pre-Offer Conference. If a pre-Offer conference has been scheduled under the Solicitation,
the date, time and location shall appear in the State’s eProcurement system . Offerors should raise any questions about the Solicitation at that time. An Offeror may not rely on any
verbal responses to questions at the conference. Material issues raised at the conference that result in changes to the Solicitation shall be answered solely through a Solicitation
Amendment.
8. Persons With Disabilities. Persons with a disability may request a reasonable accommodation, such as a sign language interpreter, by contacting the Procurement
Officer. Requests shall be made as early as possible to allow time to arrange the accommodation.
C. Offer Preparation
1. Electronic Documents. The Solicitation is provided in an electronic format. Offerors are
responsible for clearly identifying any and all changes or modifications to any Solicitation documents upon submission to the State’s eProcurement system. Any unidentified
alteration or modification to any Solicitation, attachments, exhibits, forms, charts or illustrations contained herein shall be null and void. Offeror’s electronic files shall be
submitted in a format acceptable to the State. Acceptable formats include .doc and .docx (Microsoft Word), .xls and .xlsx (Microsoft Excel), .ppt and .pptx (Microsoft PowerPoint) and
.pdf (Adobe Acrobat). Offerors wishing to submit files in any other format shall submit an inquiry to the Procurement Officer.
2. Evidence of Intent to be Bound. The Offer and Acceptance form within the Solicitation shall
be submitted with the Offer in the State’s eProcurement system and shall include a
Uniform Instructions to Offerors
Updated: September 2014
Page 3 of 6
signature by a person authorized to sign the Offer. The signature shall signify the Offeror’s intent to be bound by the Offer and the terms of the Solicitation and that the information
provided is true, accurate and complete. Failure to submit verifiable evidence of an intent to be bound, such as a signature, shall result in rejection of the Offer.
3. Exceptions to Terms and Conditions. All exceptions included with the Offer shall be
submitted in the State’s eProcurement system in a clearly identified separate section of the Offer in which the Offeror clearly identifies the specific paragraphs of the Solicitation where
the exceptions occur. Any exceptions not included in such a section shall be without force and effect in any resulting Contract unless such exception is specifically accepted by the
Procurement Officer in a written statement. The Offeror’s preprinted or standard terms will not be considered by the State as a part of any resulting Contract.
3.1. Invitation for Bids. An Offer that takes exception to a material requirement of any
part of the Solicitation, including terms and conditions, shall be rejected.
3.2. Request for Proposals. All exceptions that are contained in the Offer may negatively impact an Offeror’s susceptibility for award. An Offer that takes exception to any
material requirement of the solicitation may be rejected.
4. Subcontracts. Offeror shall clearly list any proposed subcontractors and the subcontractor’s proposed responsibilities in the Offer.
5. Cost of Offer Preparation. The State will not reimburse any Offeror the cost of responding to
a Solicitation.
6. Federal Excise Tax. The State is exempt from certain Federal Excise Tax on manufactured goods. Exemption Certificates will be provided by the State.
7. Provision of Tax Identification Numbers. Offerors are required to provide their Arizona
Transaction Privilege Tax Number and/or Federal Tax Identification number as part of the Offer.
7.1 Employee Identification. Offeror agrees to provide an employee identification
number or social security number to the State for the purposes of reporting to appropriate taxing authorities, monies paid by the State under this Contract. If the
federal identifier of the Offeror is a social security number, this number is being requested solely for tax reporting purposes and will be shared only with appropriate
state and federal officials. This submission is mandatory under 26 U.S.C. § 6041A.
8. Identification of Taxes in Offer. The State is subject to all applicable state and local transaction privilege taxes. All applicable taxes shall be identified as a separate item offered
in the Solicitation. When applicable, the tax rate and amount shall be identified on the price sheet.
9. Disclosure. If the person submitting this Offer has been debarred, suspended or otherwise
lawfully precluded from participating in any public procurement activity, including being disapproved as a subcontractor with any federal, state or local government, or if any such
preclusion from participation from any public procurement activity is currently pending, the Offeror shall fully explain the circumstances relating to the preclusion or proposed
preclusion in the Offer. The Offeror shall set forth the name and address of the governmental unit, the effective date of the suspension or debarment, the duration of the
suspension or debarment, and the relevant circumstances relating to the suspension or debarment. If suspension or debarment is currently pending, a detailed description of all
relevant circumstances including the details enumerated above shall be provided.
10. Delivery. Unless stated otherwise in the Solicitation, all prices shall be F.O.B. Destination and shall include all freight, delivery and unloading at the destination(s).
Uniform Instructions to Offerors
Updated: September 2014
Page 4 of 6
11. Federal Immigration and Nationality Act. By signing of the Offer, the Offeror warrants that both it and all proposed subcontractors are in compliance with federal immigration laws and
regulations (FINA) relating to the immigration status of their employees. The State may, at its sole discretion require evidence of compliance during the evaluation process. Should the
State request evidence of compliance, the Offeror shall have five days from receipt of the request to supply adequate information. Failure to comply with this instruction or failure to
supply requested information within the timeframe specified shall result in the Offer not being considered for contract award.
12. Offshore Performance of Work Prohibited. Any services that are described in the
specifications or scope of work that directly serve the State or its clients and involve access to secure or sensitive data or personal client data shall be performed within the defined
territories of the United States. Unless specifically stated otherwise in the specifications, this paragraph does not apply to indirect or 'overhead' services, redundant back-up services or
services that are incidental to the performance of the contract. This provision applies to work performed by subcontractors at all tiers. Offerors shall declare all anticipated offshore
services in the Offer.
D. Submission of Offer
1. Offer Submission, Due Date and Time. Offerors responding to a Solicitation must submit the Offer electronically through the State’s eProcurement system. Offers shall be received
before the due date and time stated in the solicitation. Offers submitted outside of the State’s eProcurement system or those that are received after the due date and time shall be
rejected.
2. Offer and Acceptance. Offers shall include a signed Offer and Acceptance form. The Offer and Acceptance form shall be signed with a signature by the person authorized to sign the
Offer, and shall be submitted in the State’s eProcurement system with the Offer no later than the Solicitation due date and time. Failure to return an Offer and Acceptance form may
result in rejection of the Offer.
3. Solicitation Amendments. A Solicitation Amendment shall be acknowledged in the State’s eProcurement system no later than the Offer due date and time. Failure to acknowledge a
Solicitation Amendment may result in rejection of the Offer.
4. Offer Amendment or Withdrawal. An Offer may not be amended or withdrawn after the Offer due date and time except as otherwise provided under applicable law.
5. Confidential Information. If an Offeror believes that any portion of an Offer, protest, or
correspondence contains a trade secret or other proprietary information, the Offeror shall clearly designate the trade secret and other proprietary information, using the term
“confidential.” An Offeror shall provide a statement detailing the reasons why the information should not be disclosed including the specific harm or prejudice that may arise
upon disclosure. The Procurement Officer shall review all requests for confidentiality and provide a written determination. Until a written determination is made, a Procurement
Officer shall not disclose information designated as confidential except to those individuals deemed to have a legitimate State interest. In the event the Procurement Officer denies the
request for confidentiality, the Offeror may appeal the determination to the State Procurement Administrator within the time specified in the written determination. Contract
terms and conditions, pricing, and information generally available to the public are not considered confidential information.
6. Public Record. All Offers submitted and opened are public records and must be retained by
the State for six years. Offers shall be open and available to public inspection through the State’s eProcurement system after Contract award, except for such Offers deemed to be
confidential by the State.
7. Non-collusion, Employment, and Services. By signing the Offer and Acceptance form or
Uniform Instructions to Offerors
Updated: September 2014
Page 5 of 6
other official contract form, the Offeror certifies that:
7.1. The Offeror did not engage in collusion or other anti-competitive practices in connection with the preparation or submission of its Offer; and
7.2. The Offeror does not discriminate against any employee or applicant for
employment or person to whom it provides services because of race, color, religion, sex, national origin, or disability, and that it complies with an applicable federal,
state and local laws and executive orders regarding employment.
E. Evaluation
1. Unit Price Prevails. In the case of discrepancy between the unit price or rate and the extension of that unit price or rate, the unit price or rate shall govern.
2. Taxes. If the products and/or services specified require transaction privilege or use taxes,
they shall be described and itemized separately on the Offer. Arizona transaction privilege and use taxes shall not be considered for evaluation.
3. Prompt Payment Discount. Prompt payment discounts of thirty (30) days or more set forth
in an Offer shall be deducted from the Offer for the purpose of evaluating that price.
4. Late Offers. An Offer submitted after the exact Offer due date and time shall be rejected.
5. Disqualifications. An Offeror (including each of its principals) who is currently debarred, suspended or otherwise lawfully prohibited from any public procurement activity shall have
its Offer rejected.
6. Offer Acceptance Period. An Offeror submitting an Offer under the Solicitation shall hold its Offer open for the number of days from the Offer due date that is stated in the Solicitation. If
the Solicitation does not specifically state a number of days for Offer acceptance, the number of days shall be one hundred twenty (120). If a Best and Final Offer is requested
pursuant to a Request for Proposals, an Offeror shall hold its Offer open for one hundred twenty (120) days from the Best and Final Offer due date.
7. Waiver and Rejection Rights. Notwithstanding any other provision of the Solicitation, the
State reserves the right to:
7.1 Waive any minor informality;
7.2. Reject any and all Offers or portions thereof; or
7.3 Cancel the Solicitation.
F. Award
1. Number of Types of Awards. The State reserves the right to make multiple awards or to award a Contract by individual line items or alternatives, by group of line items or
alternatives, or to make an aggregate award, or regional awards, whichever is most advantageous to the State.
2. Contract Inception. An Offer does not constitute a Contract nor does it confer any rights on
the Offeror to the award of a Contract. A Contract is not created until the Offer is accepted in writing by the Procurement Officer’s signature on the Offer and Acceptance form. A
notice of award or of the intent to award shall not constitute acceptance of the Offer.
3. Effective Date. The effective date of the Contract shall be the date that the Procurement Officer signs the Offer and Acceptance form or other official contract form, unless another
date is specifically stated in the Contract.
Uniform Instructions to Offerors
Updated: September 2014
Page 6 of 6
G. Protests
A protest shall comply with and be resolved according to Arizona Revised Statutes Title 41, Chapter
23, Article 9 and rules adopted thereunder. Protests shall be in writing and be filed with both the Procurement Officer of the purchasing agency and with the State Procurement Administrator. A
protest of the Solicitation shall be received by the Procurement Officer before the Offer due date. A protest of a proposed award or of an award shall be filed within ten (10) days after the Procurement
Officer makes the procurement file available for public inspection. A protest shall include:
1. The name, address, email address and telephone number of the interested party;
2. The signature of the interested party or its representative;
3. Identification of the purchasing agency and the Solicitation or Contract number;
4. A detailed statement of the legal and factual grounds of the protest including copies of relevant documents; and
5. The form of relief requested.
H. Comments Welcome
The State Procurement Office periodically reviews the Uniform Instructions to Offerors and
welcomes any comments you may have. Please submit your comments to: State Procurement Administrator, State Procurement Office, 100 North 15th Avenue, Suite 201, Phoenix, Arizona,
85007.
Catalog Pricing
https://app.az.gov
Offerors shall provide a verifiable price index, to include but not limited to a discount from a verifiable price index,
a reduced net pricing schedule, a hybrid or other supplier specific pricing model. The pricing model shall remain
firm and will include all charges that may be incurred in fulfilling requirement(s) for the twelve-month period
following contract award. Where applicable, pricing shall be determined by applying Offerors discounts to the prices
listed on their manufacturer’s price lists, retail price sheets, catalogs or by utilizing the reduced net pricing schedule.
Pricing and resulting relative discount shall be clearly delineated on each proposal.
Contract pricing shall be based upon fixed discount(s) off published price list(s) or catalog(s)
Number of equipment types / descriptions are not limited to spaces provided below. Please use additional lines if
necessary to list all offered category equipment.
Discount Structure based off of Manufacturer’s List Prices.
Discount for CATEGORY 1: Dozers
Equipment Type/Description Equipment Accessories / Attachments
Caterpillar D1 Dozer (Previous model D3K) 23% 23%
Caterpillar D2 Dozer (Previous model D4K) 23% 23%
Caterpillar D3 Dozer (Previous model D5K) 23% 23%
Caterpillar D4 Dozer (Previous model D6K) 23% 23%
Caterpillar D5 Dozer (Previous model D6N) 23% 23%
Caterpillar D6 Dozer (Previous model D6T) 23% 23%
Caterpillar D7 Dozer (New model) 19% 19%
Caterpillar D8 Dozer (Previous model D8T) 19% 19%
Caterpillar D9 Dozer (Previous model D9T) 10% 10%
Caterpillar D10 Dozer (Previous model D10T) 10% 10%
Discount for CATEGORY 2: Excavators
Equipment Type/Description Equipment Accessories / Attachments
Caterpillar 300.9 Mini Excavator 20% 20%
Caterpillar 301.4 Mini Excavator 20% 20%
Caterpillar 301.7 Mini Excavator 20% 20%
Caterpillar 301.8 Mini Excavator 20% 20%
Caterpillar 302 Mini Excavator 20% 20%
Caterpillar 302.4 Mini Excavator 20% 20%
Caterpillar 302.5 Mini Excavator 20% 20%
Caterpillar 302.6 Mini Excavator 20% 20%
Caterpillar 302.7 Mini Excavator 20% 20%
Caterpillar 303 Mini Excavator 20% 20%
Caterpillar 303.5 Mini Excavator 20% 20%
Caterpillar 304 Mini Excavator 20% 20%
Caterpillar 304.5 Mini Excavator 20% 20%
Caterpillar 305 Mini Excavator 20% 20%
Caterpillar 305.5 Mini Excavator 20% 20%
Solicitation No: BPM002936 Available online at Page 1 of 13
Catalog Pricing
https://app.az.gov
Caterpillar 306 Excavator 20% 20%
Caterpillar 307 Excavator 20% 20%
Caterpillar 307.5 Excavator 20% 20%
Caterpillar 308 Excavator 20% 20%
Caterpillar 309 Excavator 20% 20%
Caterpillar 310 Excavator 20% 20%
Caterpillar 311 Excavator 18% 18%
Caterpillar 313 Excavator 15% 15%
Caterpillar 313GC Excavator 16% 16%
Caterpillar 315 Excavator 19% 19%
Caterpillar 316 Excavator 19% 19%
Caterpillar 318 Excavator 16% 16%
Caterpillar 320 Excavator 15% 15%
Caterpillar 320 GC Excavator 16% 16%
Caterpillar 323 Excavator 15% 15%
Caterpillar 325 Excavator 15% 15%
Caterpillar 326 Excavator 15% 15%
Caterpillar 330 Excavator 15% 15%
Caterpillar 330GC Excavator 16% 16%
Caterpillar 335 Excavator 15% 15%
Caterpillar 336 Excavator 15% 15%
Caterpillar 336GC Excavator 16% 16%
Caterpillar 340 Excavator 15% 15%
Caterpillar 349 Excavator 10% 10%
Caterpillar 352 Excavator 10% 10%
Caterpillar 374 Excavator 10% 10%
Caterpillar 390 Excavator 10% 10%
Discount for CATEGORY 3: Loaders
Equipment Type/Description Equipment Accessories / Attachments
Caterpillar 903 Wheel Loader 23% 23%
Caterpillar 906 Wheel Loader 23% 23%
Caterpillar 907 Wheel Loader 23% 23%
Caterpillar 908 Wheel Loader 23% 23%
Caterpillar 910 Wheel Loader 23% 23%
Caterpillar 914 Wheel Loader 23% 23%
Caterpillar 918 Wheel Loader 24% 24%
Caterpillar 920 Wheel Loader 24% 24%
Caterpillar 926 Wheel Loader 24% 24%
Caterpillar 930 Wheel Loader 24% 24%
Caterpillar 938 Wheel Loader 24% 24%
Caterpillar 950GC Wheel Loader 20% 20%
Solicitation No: BPM002936 Available online at Page 2 of 13
Catalog Pricing
Solicitation No: BPM002936 Available online at
https://app.az.gov
Page 3 of 13
Caterpillar 950M Wheel Loader 18% 18%
Caterpillar 962 Wheel Loader 18% 18%
Caterpillar 966 Wheel Loader 15% 15%
Caterpillar 972 Wheel Loader 11% 11%
Caterpillar 980 Wheel Loader 11% 11%
Caterpillar 982 Wheel Loader 11% 11%
Caterpillar 988 Wheel Loader 11% 11%
Discount for CATEGORY 4: Graders
Equipment Type/Description Equipment Accessories / Attachments
Caterpillar 12 Motor Grader 30% 30%
Caterpillar 120 Motor Grader 34% 34%
Caterpillar 140 Motor Grader 30% 30%
Caterpillar 140GC Motor Grader 30% 30%
Caterpillar 150 Motor Grader 30% 30%
Caterpillar 160 Motor Grader 30% 30%
Caterpillar 14 Motor Grader 19% 19%
Discount for CATEGORY 5: Rollers
Equipment Type/Description Equipment Accessories / Attachments
Caterpillar CB1.7 Roller 19% 19%
Caterpillar CB1.8 Roller 19% 19%
Caterpillar CB7 Roller 19% 19%
Caterpillar CB8 Roller 19% 19%
Caterpillar CB10 Roller 19% 19%
Caterpillar CB13 Roller 19% 19%
Caterpillar CB14 Roller 19% 19%
Caterpillar CB15 Roller 19% 19%
Caterpillar CB16 Roller 19% 19%
Caterpillar CB22Roller 19% 19%
Caterpillar CB24 Roller 19% 19%
Caterpillar CB32 Roller 19% 19%
Caterpillar CB34 Roller 19% 19%
Caterpillar CB36 Roller 19% 19%
Caterpillar CB44 Roller 19% 19%
Caterpillar CB46 Roller 19% 19%
Caterpillar CB54 Roller 19% 19%
Caterpillar CB64 Roller 19% 19%
Caterpillar CB66 Roller 19% 19%
Caterpillar CB68 Roller 19% 19%
Caterpillar CC24 Roller 19% 19%
Catalog Pricing
Solicitation No: BPM002936 Available online at
https://app.az.gov
Page 4 of 13
Caterpillar CC34 Roller 19% 19%
Caterpillar CCS7 Roller 19% 19%
Caterpillar CCS9 Roller 19% 19%
Caterpillar CD8 Roller 19% 19%
Caterpillar CD10 Roller 19% 19%
Caterpillar CP34 Roller 19% 19%
Caterpillar CP44 Roller 19% 19%
Caterpillar CP54 Roller 19% 19%
Caterpillar CP56 Roller 19% 19%
Caterpillar CP68 Roller 19% 19%
Caterpillar CP74 Roller 19% 19%
Caterpillar CS34 Roller 19% 19%
Caterpillar CS44 Roller 19% 19%
Caterpillar CS54 Roller 19% 19%
Caterpillar CS56 Roller 19% 19%
Caterpillar CS64 Roller 19% 19%
Caterpillar CS68 Roller 19% 19%
Caterpillar CS74 Roller 19% 19%
Caterpillar CS78 Roller 19% 19%
Caterpillar CW16 Roller 19% 19%
Caterpillar CW34 Roller 19% 19%
Catalog Pricing
https://app.az.gov
Rev 12/2018
Discount for CATEGORY 6: Trailers
Equipment Type/Description Equipment Accessories / Attachments
Trail King TKT50 Tag – Tilt Trailer 7% 7%
Trail King TKBD22-40 – Bottom Dump 7% 7%
See Category 7 : Miscellaneous for other Trailer discounts % %
Discount for CATEGORY 7: Miscellaneous
Equipment Type/Description Equipment Accessories / Attachments
ADDITIONAL CATERPILLAR MODELS
PAVERS:
AP255 18% 18%
AP300 18% 18%
AP355 18% 18%
AP500 18% 18%
AP555 18% 18%
AP600 18% 18%
AP655 18% 18%
AP1000 18% 18%
AP1055 18% 18%
WHEELED EXCAVATORS:
M314 26% 26%
M315 26% 26%
M316 26% 26%
M317 26% 26%
M318 26% 26%
M320 26% 26%
M322 26% 26%
MATERIAL HANDLERS:
MH3022 26% 26%
MH3024 26% 26%
MH3026 26% 26%
COLD PLANERS:
PM310 20% 20%
PM312 20% 20%
PM313 20% 20%
PM620 20% 20%
PM622 20% 20%
PM820 20% 20%
PM822 20% 20%
PM825 20% 20%
Solicitation No: BPM002936 Available online at Page 5 of 13
Catalog Pricing
https://app.az.gov
Rev 12/2018
RECLAIMERS:
RM300 20% 20%
RM500 20% 20%
TELEHANDLERS:
TH255 23% 23%
TH3510 24% 24%
TH357 24% 24%
TH408 24% 24%
TH514 24% 24%
TL642 24% 24%
TL943 24% 24%
TL1055 24% 24%
TL1255 24% 24%
SKID STEERS:
226 21% 21%
232 21% 21%
236 21% 21%
242 21% 21%
246 21% 21%
262 21% 21%
272 21% 21%
MULTI-TERRAIN LOADERS:
257 21% 21%
277 21% 21%
287 21% 21%
298 21% 21%
COMPACT TRACK LOADERS:
239 21% 21%
249 21% 21%
259 21% 21%
279 21% 21%
289 21% 21%
299 21% 21%
FOREST MACHINES:
538 15% 15%
548 15% 15%
558 15% 15%
568 15% 15%
LANDFILL COMPACTORS:
816 12% 12%
826 12% 12%
836 12% 12%
Solicitation No: BPM002936 Available online at Page 6 of 13
Catalog Pricing
https://app.az.gov
Rev 12/2018
Solicitation No: BPM002936 Available online at Page 7 of 13
BACKHOE LOADER:
415 22% 22%
416 22% 22%
420 22% 22%
420XE 22% 22%
430 22% 22%
432 22% 22%
440 22% 22%
450 22% 22%
WHEEL TRACTOR SCRAPERS:
621 18% 18%
623 18% 18%
627 18% 18%
631 18% 18%
637 18% 18%
657 18% 18%
ARTICULATED TRUCKS:
725 17% 17%
730 17% 17%
735 17% 17%
740GC 17% 17%
745 17% 17%
RIGID FRAME TRUCKS:
770 3% 3%
773 3% 3%
WHEEL DOZERS and SOIL COMPACTORS:
814 15% 15%
815 13% 13%
824 15% 15%
825 13% 13%
834 15% 15%
TRACK LOADERS:
953 19% 19%
963 22% 22%
973 23% 23%
CATERPILLAR AFTRER MARKET WORK TOOLS: 15% 15%
CATERPILLAR SAFETY SERVICES: 15% 15%
CATERPILLAR TECHNOLOGY SERVICES AND
SUBSCRIPTIONS:
0% 0%
CATERPILLAR USED EQUIPMENT: (Discount off original list
price)
20% 20%
Catalog Pricing
https://app.az.gov
Rev 12/2018
CATERPILLAR POWER EQUIPMENT:
LEGACY COMPACT DIESEL (D13-D175) 50% 50%
D40 - D100 31% 31%
D125 - D200 35% 35%
OLYMPIAN GAS 26% 26%
C9 - 200 kW 33% 33%
C9 - 250 - 300 kW 37% 37%
C15 - 350 - 500kW 37% 37%
C15 - TIER 4i 20% 20%
C18 - 550 - 600kW 33% 33%
C27 - Tier 4i 17% 17%
C27 - 750 kW 33% 33%
C27 - 800 kW 33% 33%
C32 - 1000 kW 37% 37%
3512C 33% 33%
3516C 33% 33%
3500B 32% 32%
3516C-HD 30% 30%
3516 TIER 4 19% 19%
APS60,100,1000,20002 17% 17%
XQ20,XQ30, XQ60, XQ200 45% 45%
XQ350 - XQ800 23% 23%
C175-16 26% 26%
C175-16 Tier 4 19% 19%
C175-20 24% 24%
EPIC 10% 10%
CAT ATS3 20% 20%
CAT SWITCHGEAR 4 12% 12%
UPS (BATTERY & FLYWHEEL) 20% 20%
CG132-8,-12,-16 5 15% 15%
CG170-12,-16,-20 5 15% 15%
CG260-12,-16 5 15% 15%
G3412 26% 26%
G3508 17% 17%
G3516 17% 17%
G3520 17% 17%
ALLIED PRODUCTS (Non Cat Products):
CONSTRUCTION PRODUCTS
American Compaction 7% 7%
AMI Attachments 5% 5%
Arrow Material Handling 5% 5%
Balderson 5% 5%
Solicitation No: BPM002936 Available online a Page 8 of 13
Catalog Pricing
https://app.az.gov
Rev 12/2018
Blue Diamond 5% 5%
Bomag 5% 5%
BR Attachments 5% 5%
Broce 7% 7%
Cascade 5% 5%
Central Fabricating 5% 5%
Crafco 3% 3%
Diamond Attachments 5% 5%
Digga 5% 5%
Dymax 8% 8%
Edge 5% 5%
Enerpac 5% 5%
Epiroc 9% 9%
Erskine 5% 5%
Etnyre / Bear Cat 5% 5%
EZ-SPOT-UR 5% 5%
Fecon 5% 5%
Felco Industries 5% 5%
Fods Track Out Mat Services 5% 5%
Genie 20% 20%
HKX 5% 5%
Imer Group 5% 5%
JLG 22% 22%
Kress 5% 5%
Lycox Industries / Walk N Roll 2% 2%
Mega 8% 8%
Metso 3% 3%
Mobile Track Solutions 5% 5%
Multiquip 24% 24%
Paladin / JRB 8% 8%
Pemberton 5% 5%
Pierce Pacific 5% 5%
PSM 5% 5%
Jet-Vac 5% 5%
Road Widener 5% 5%
Rockland 8% 8%
Rototilt 5% 5%
Saf-T-Cab 5% 5%
Skyjack 5% 5%
Skytrack 5% 5%
Star Industries 5% 5%
SUI 5% 5%
Solicitation No: BPM002936 Available online at Page 9 of 13
Catalog Pricing
https://app.az.gov
Rev 12/2018
Summit 5% 5%
TY Cushion 3% 3%
Tink 5% 5%
Valew-1954 MFG 5% 5%
Weiler 10% 10%
Werk-Brau 5% 5%
Woods 11% 11%
ON-HIGHWAY
Fleming 8.4% 8.4%
Load King 3% 3%
Maintainer 6% 6%
Murray Trailers 2% 2%
Rackley 2% 2%
Thunder Creek 6% 6%
Trail King 7% 7%
UTB 8.4% 8.4%
AGRICULTURE
Challenger 13% 13%
Claas 6% 6%
Gearmore 13% 13%
Grouser 5% 5%
Fendt 6% 6%
Lexion 6% 6%
Massey Ferguson 13% 13%
Mil-Stak Inc 3% 3%
Nikkel Iron Works 7% 7%
Reynolds 13% 13%
Rogator 6% 6%
Rome Plow 13% 13% 13%
Schmeiser 5% 5%
Stinger Inc. 1% 1%
Sunflower 6% 6%
T.G. Schmeiser 13% 13%
Terragator 6% 6%
Valmar 7% 7%
Wilcox 13% 13%
Willmar 6% 6%
Woods 13% 13%
POWER SYSTEMS
ABB 5% 5%
Active Power 2% 2%
Allmand 18% 18%
Solicitation No: BPM002936 Available online at Page 10 of 13
Catalog Pricing
https://app.az.gov
Rev 12/2018
Asco 10% 10%
Atlas Copco 10% 10%
Avtron 6% 6%
Crestchic 5% 5%
Multiquip 7% 7%
Progressive Solar 10% 10%
Stamford Newage 2% 2%
Sullair 28% 28%
Toshiba 5% 5%
TECHNOLOGY
Caterpillar 12% 12%
Cerragon 5% 5%
CrewSight 5% 5%
DJI Enterprises 0% 0%
GCEstimator Suite 5% 5%
Level Best 10% 10%
Modelogix 5% 5%
ProjectSight 5% 5%
Prolog 5% 5%
Quantum 8% 8%
RADWIN 5% 5%
Rajant 0% 0%
RealWorks 10% 10%
Seco 12% 12%
Sensemetrics 5% 5%
SitePro 12% 12%
Spectra Precision 12% 12%
Trimble 12% 12%
VICO Office 5% 5%
Winest 5% 5%
RENEWABLE ENERGY
ABB 3% 3%
BTC Power 3% 3%
Fronius 4% 4%
Satcon 3% 3%
SMA America 4% 4%
Sun Power 3% 3%
Solicitation No: BPM002936 Available online at Page 11 of 13
Catalog Pricing
https://app.az.gov
Rev 12/2018
Unlisted and Future Caterpillar and Allied Products
The following procedure will be available to add future Caterpillar and Allied products:
EMPIRE will provide a letter to ADOT stating that we have a new product(s) and that EMPIRE is a dealer
for that product(s).
The product(s) will be added to the appropriate area of the catalog pricing page along with the stated
discount percentage off the manufacturer’s list price.
A copy of the updated catalog pricing page will be sent to ADOT to be added to the contract.
For emergency needs for machines or products that have to be delivered before a stated discount can be
established, the following will be the discount structure for unlisted and/or future Caterpillar and Allied
products.
All unnamed suppliers without a stated discount will
receive a minimum discount of 5% off the manufacturer’s
list price.
5% 5%
Contractor shall indicate any extended warranty options below:
Extended Warranty Options
Extended warranty is available on all new Caterpillar machines. The cost for extended warranty varies by
product, type of coverage, application, and length of coverage for both time and estimated annual hours of
usage. Caterpillar extended warranty coverage can range from 24 months up to 84 months and the hours of
usage can range from as little as 500 hours up to as high as 10,000 hours.
With over 360 different Caterpillar products covered in this RFP, and with over 65 different options for each of
those machines with time and hour combinations, the matrix of extended warranty pricing would be too large
to provide in this format. The CAT 120 Motor Grader alone has over 480 different extended warranty options
available.
For this RFP, we will provide a pricing example for extended warranty for six (6) machines based on the same
time and hour requirements stated in the “Scenario Pricing” for the machine buybacks (7 year/ 6,000 hours).
Additional extended warranty quotes can be provided upon request on a model by model term and hour
specified basis.
Extended Warranty Term of Warranty Price
CATERPILLAR D5K DOZER
Power Train 7years/6000hours $3,230.00
Power Train + Hydraulics +Tech 7years/6000hours $4,550.00
Premier 7years/6000hours $10,590.00
Solicitation No: BPM002936 Available online at Page 12 of 13
Catalog Pricing
https://app.az.gov
Rev 12/2018
Solicitation No: BPM002936 Available online at Page 13 of 13
CATERPILLAR M316 WHEELED EXCAVATOR
7 Years / 6,000 Hours Power Train 7years/6000hours $3,890.00
7 Years / 6,000 Hours Power Train + Hydraulics +Tech 7years/6000hours $8,950.00
7 Years / 6,000 Hours Premier 7years/6000hours $12,190.00
CATERPILLAR 450 BACKHOE LOADER
7 Years / 6,000 Hours Power Train 7years/6000hours $2,600.00
7 Years / 6,000 Hours Power Train + Hydraulics +Tech 7years/6000hours $9,490.00
7 Years / 6,000 Hours Premier 7years/6000hours $22,120.00
CATERPILLAR 926M WHEEL LOADER
7 Years / 6,000 Hours Power Train 7years/6000hours $2,500.00
7 Years / 6,000 Hours Power Train + Hydraulics +Tech 7years/6000hours $5,090.00
7 Years / 6,000 Hours Premier 7years/6000hours $11,320.00
CATERPILLAR 120 MOTOR GRADER
7 Years / 6,000 Hours Power Train 7years/6000hours $5,790.00
7 Years / 6,000 Hours Power Train + Hydraulics +Tech 7years/6000hours $11,810.00
7 Years / 6,000 Hours Premier 7years/6000hours $16,900.00
CATERPILLAR CB34 ROLLER
7 Years / 6,000 Hours Power Train 7years/6000hours $7,150.00
7 Years / 6,000 Hours Power Train + Hydraulics +Tech 7years/6000hours $7,910.00
7 Years / 6,000 Hours Premier 7years/6000hours $11,910.00
PRICE INCREASE PERCENTAGES
Solicitation No: BPM002936 Available online at
https://appstate.az.gov/
Page 1 of 1
Rev. 07/2016
The offeror should use the space below to identify the maximum price increase percentage that they may
want to request at the time of renewal if ADOT exercises its option per the applicable provisions under
any resultant contract(s).
1st Renewal Period ___________2________% Maximum Increase
2nd Renewal Period __________4________% Maximum Increase
3rd Renewal Period ___________6________% Maximum Increase
4th Renewal Period ___________8________% Maximum Increase
The offeror is cautioned that each renewal period’s increase percentage shall be computed against the
ORIGINAL contract price. If information is not provided in the space above, prices shall remain the same
as the original contract term. Please see the following example for further clarification.
Example: If the offeror anticipates requesting a 2% increase at each renewal period per Special
Terms and Conditions, they should enter 2%, 4%, 6%, and 8% in the attachment. Each
percentage increase is calculated using the original contract price. See example in table below.
Renewal
Period
% Maximum
Increase from
Attachment
Original
Contract
Price
Maximum
Increase
Allowed
Maximum
Contract
Price
1 2% $100.00 $2.00 $102.00
2 4% $100.00 $4.00 $104.00
3 6% $100.00 $6.00 $106.00
4 8% $100.00 $8.00 $108.00
Furthermore, the offeror is advised that the State of Arizona does not automatically grant any increase
when renewing the contract. If an increase is requested, documentation of need must be provided at the
time of renewal.
State of Arizona ADOT Procurement
RFP Solicitation Number: BPM002936
October 20, 2020
1
Warranty and Warranty Services
At a minimum, include the following information for the types of warranties available (by category or equipment):
1. Describe your warranty claims procedure For over 70 years, EMPIRE has built an outstanding reputation for fairness, regardless of
the warranty terms, from the world’s leading manufacturer of construction equipment. The clients EMPIRE serves have every reason to feel secure in the value of their purchase. All claims will be administered at the local, store level by EMPIRE. EMPIRE will then file a
claim with Caterpillar to be reimbursed for all warranted services rendered to the client.
EMPIRE Service utilizes a highly structured, fact-based and scientific Root Cause Failure
Analysis process that is followed by EMPIRE’s Service Department. The process ensures the client that EMPIRE and Caterpillar fully understand the root cause and what role each
affected part played in the failure, in order to help prevent it in the future.
The warranty process for Caterpillar machines is unique to the industry, allowing EMPIRE to decide, through its due diligence alone, if the failed part is covered under the scope of
warranty. In the event of a warranty repair, EMPIRE is responsible to repair the machine.
Once the repair is completed, the warranted parts and labor are charged to Caterpillar.
Any non-warranty covered items (such as oil antifreeze; fluids that cannot be reused) will
be the responsibility of the owner. In the event that Caterpillar concludes a different root cause and believes it was caused by misapplication or misuse and rejects reimbursement,
and EMPIRE does not agree, EMPIRE will absorb the expense. 2. Describe your policy addressing warranty issues related to:
a. Major Component Failures b. Engineering Deficiencies
c. Describe your company’s standard response time to address warranty failure issues.
Major Component Failures
Caterpillar is proud to offer the most comprehensive warranty in the industry. All defects
in materials and workmanship are fully covered under the warranty period. All claims will be investigated by EMPIRE and determined whether they fall under either a defect in
material or workmanship or lack of routine and maintenance, miss application or misuse.
Of course if there is a major component failure significantly earlier than its normal design
life, EMPIRE will investigate to determine the cause of failure. Should the cause be
determined to be design or manufacturing related, the client, EMPIRE and a Caterpillar representative will work together to find a solution that is agreeable to all parties.
As America’s #1 dealer rebuild center, EMPIRE inventories new complete components, along with remanufactured components, for replacement when a machine is down and the
client requires an emergency complete component replacement. Beyond EMPIRE’s extensive parts inventory, Caterpillar parts distribution warehouses across America and the globe also inventory an extensive selection of new components and remanufactured
components.
State of Arizona ADOT Procurement
RFP Solicitation Number: BPM002936
October 20, 2020
2
Excluding emergency complete component replacement, EMPIRE will bring to bear as many resources as possible to tear down and reassemble the down component, to return the machine to production as fast as humanly possible. This includes our staff working
three shifts and/or weekends continuously or “around the clock” to achieve the turnaround, if warranted.
Normal warranty coverage will only cover normal (non-overtime) shop labor rates, during normal service hours. Normal service hours are from 5:00 AM to 12:00 midnight, Monday-Friday and from 6:00 AM until 12:00 Noon on Saturdays. EMPIRE’s smaller branch stores
may have different operating hours. All stores have after hours emergency access. The following link provides individual store hours information:
https://www.empire-cat.com/locations
Overtime rate is charged for all hours worked on holidays. No other competitor, that we
are aware of, provides this expanse of normal service hours. When requested, EMPIRE
will work overtime with the incremental overtime fee charged to ADOT. Normal warranty coverage only includes shop labor rates during normal business hours and thus could
result in overtime charges to the client. Additionally, parts that are not normally stocked
may include a client charge for additional freight or handling, depending on circumstances.
Engineering Deficiencies
EMPIRE and our clients benefit from a long relationship with Caterpillar Engineering for new machines and product improvement testing. Because of our unique Arizona/Imperial
County, California territory, Caterpillar engineers prefer to test new machines and product
improvements in EMPIRE’s territory because of the range and access to high ambient temperature, high altitude, sea level altitude, abrasive dust, hard caliche and granites soil
and sand (dune) conditions. Our applications range from farming to forestry harvesting, to hard rock mining.
This multi-decade experience has provided EMPIRE staff with a wealth of knowledge,
experience, relationships and access to Caterpillar’s engineering staff around the world.
It has provided our clients with purpose-built machines and components tested here to
perform here. This experience helps our staff identify a deficiency, quickly begin to test
our possible solution and offer it to Caterpillar; or fabricate, install and test Caterpillar’s
solutions.
Standard Response Time
EMPIRE’s standard response times are based on the fact that our client purchases a new
machine because unscheduled downtime creates critical disruption to their production. Most clients expect that we will handle every machine-down warranty event like an
emergency. We are “built for it”. EMPIRE invests and maintains the staffing capacity to
provide clients two shifts per day, plus single shift on weekends and on-call staff for holidays to respond to these events with the utmost urgency.
Beyond this, a failure on EMPIRE’s part to deliver expected or promised service is always taken into account before any request for additional charges are presented to a client. We
take pride in the fact that EMPIRE’s owners expect all employees to consider first how we may have contributed to increasing a client’s expense or downtime. We are empowered,
State of Arizona ADOT Procurement
RFP Solicitation Number: BPM002936
October 20, 2020
3
at all levels, to make ethical and fair adjustments before ever approaching a client about additional expense to warranty coverage.
3. Is there a dedicated customer support representative that the Department should contact? If yes, provide their name and complete contact information.
The dedicated Product Support Representative for ADOT is: Mark Vander Giessen
EMPIRE Product Support Representative Mark.VanderGiessen@empire-cat.com
Office: (623) 707-1730
Mobile: (602) 639-0582
4. Provide information which details the types, and extents of available extended warranty
coverage for heavy equipment.
Additional extended protection plans are available for purchase. Three major types of
protection are generally offered: Powertrain, Powertrain + Hydraulics and, Premier. Customization of Extended Protection Plans is also an option available through
EMPIRE/Caterpillar.
The costs for these extended plans vary by product, type of coverage, machine application
and length of coverage. Extended warranty is not required when purchasing Caterpillar machines. Unless ADOT
clearly states that they want extended warranty included with the price of a machine, it will be quoted as an option. Extended warranties can be purchased at the time of the machine sale or any time after within the 12 month standard warranty period.
Extended warranty options may also be available for used machines that ADOT owns.
The current age and hours of the machine will dictate if warranty is available as well as
the cost.
Caterpillar is proud to offer the most comprehensive warranty in the industry. Caterpillar
machines come with standard warranties against defects in material and workmanship. Warranty inclusions and exclusions will vary by product and details can be provided at any
point in the purchase process.
The majority of new machines included under this solicitation will qualify for 12
months/unlimited hours. Some products, notably compact track loaders and mini
excavators, qualify for 24 months/2000 hours. Standard warranty terms will be clearly quoted to ADOT on all quotes, for review before any purchase.
Additional extended equipment protection plans can be customized to meet each client’s specific need. The following is an example of some of the options that would be available
through EMPIRE/CAT.
State of Arizona ADOT Procurement
RFP Solicitation Number: BPM002936
October 20, 2020
4
140M3 Motor Grader
Warranty Months Hours
Premier 24 to 84 5,000 to 7,500
Powertrain + Hydraulics 24 to 84 5,000 to 12,000
Powertrain 24 to 84 5,000 to 12,000
Please note that all manufacturers’ warranties, and or extended coverage plans, do not
cover the same components and/or systems that Caterpillar’s protection plans cover.
Repairs and/or replacement of components, not covered by other manufacturers, can present a significant cost to the overall ownership of a machine.
The breadth of coverage provided through Caterpillar’s coverage plans re-emphasizes the confidence Caterpillar has in its products, as well as ensures the lowest total cost solution
for our clients. EMPIRE/Caterpillar Warranty Offerings
Caterpillar offers a wide range of warranties that can be custom built to best match the needs of our clients. There are two (2) basic Caterpillar warranties available: Standard and Extended.
▪ Caterpillar Standard Warranty – Nearly all new Caterpillar manufactured
machines come with Caterpillar’s “Premier” warranty for a minimum of 12
months/unlimited hours, at no additional charge to the buyer.
▪ Caterpillar Extended Warranty – Begins at expiration of Standard Warranty.
Caterpillar Insurance and Caterpillar dealers provide a vast array of optional warranties that can be customized by the length of time (from 2 - 7 years) and/or by
the hours (from 2,000 - 10,000 hours).
EMPIRE/Caterpillar Extended Warranty Offerings
There are three (3) types of extended warranties available from Caterpillar:
▪ Powertrain Only – Covers the components that are used to either produce, transmit
or control engine horsepower for propelling (moving) the machine; such as engine, transmission, final drives, axles and brakes.
▪ Powertrain and Hydraulics – Covers the items above plus hydraulic hoses, lines, pumps, valves, cylinders, hydraulic coolers and hydraulic filter mounts.
▪ Premier – Includes all of the above with the addition of starters, alternators, pulleys, AC condensers, air conditioning compressors, fuel lines, fuel tanks and associated parts, water piping, radiators, mufflers, electrical indicators, gauges, instruments,
wiring harness, switches, joysticks, relays, circuit breakers, frames and chassis, and weldments.
State of Arizona ADOT Procurement
RFP Solicitation Number: BPM002936
October 20, 2020
5
General Warranty Information
Coverage – Inclusions and Exclusions
Standard machine warranty and extended warranties between manufacturers and dealers
are not equal. There is no industry standard of items to be included or excluded in the scope of either coverage.
Warranty claim deductibles are also not captured in the scope of inclusion and exclusions. Warranty deductible fees can add up to a considerable cost after a machine is sold. Caterpillar extended warranties have a $0.00 deductible charge for warranty claims.
Repairs and/or replacement of components excluded by competitive manufacturers can
present a significant expense or savings to the overall ownership of a machine. The
breadth of coverage provided through Caterpillar’s coverage plans re-emphasizes the confidence Caterpillar has in its products, as well as ensuring the lowest total cost solution
for our clients.
Warranted claims will be presented by the client to the supporting Caterpillar Dealer and
will be administered at the local level. EMPIRE will then file a claim with Caterpillar to be
reimbursed for all warranted services rendered to the client.
Caterpillar machine warranties are the most comprehensive in the industry. They cover more parts, cover more expensive parts, and exclude fewer items. This results in lower expense exposure to the owners of Caterpillar equipment.
In comparing major manufacturers’ stated warranty coverage listed in publicly available warranty documents, here is an example of parts (including their replacement labor) that
are excluded by many manufacturers, but are included in Caterpillar Standard Warranty:
▪ Radiators
▪ Mufflers
▪ Starters
▪ Alternators
▪ AC Condenser/Compressor
▪ Fuel Lines
▪ Hydraulic Hoses and Lines
▪ Gauges
▪ Wiring Harnesses
▪ Frames and Structures
Each of these individual items vary between different manufacturers, but they provide evidence that a buyer should consider the coverage of each to fully understand the true
scope of the buyers exposure, and calculate that exposure into the total machine price from an operating cost perspective.
State of Arizona ADOT Procurement
RFP Solicitation Number: BPM002936
October 20, 2020
6
Beyond the stated scope of inclusions and exclusions of warranty, EMPIRE utilizes a “Fair
Value” policy. Fair value is simply the process and procedures that rely on ethical and reasonable decisions to participate in a repair expense beyond warranty coverage.
Fair value rules are not described in any written form; they take place when EMPIRE and the buyer experience an event where both feel that the failed part did not meet expected life in a given application.
Once misapplication, abuse or misuse conditions are excluded, fair value reimbursement comes in a variety of forms: From full reimbursement to a shared expense, based on
remaining normal life of the failed part; between Caterpillar Inc., EMPIRE and the client.
Additionally, Caterpillar warranties cover consequential damages. Damages that are a result of the first part failure, cascading to other parts. Most major and most minor
manufacturers do not.
Example:
A turbo fails, injects a part from the turbo into the cylinder head, and then destroys the
head and piston; piston fracture penetrates the engine block. The turbo is the root cause, but Caterpillar warranty covers the entire repair of consequential damages.
View chart on next two pages to see the inclusions and exclusions of each of the three types of warranties Caterpillar offers:
Intentionally left blank
State of Arizona ADOT Procurement
RFP Solicitation Number: BPM002936
October 20, 2020
7
• Represents Caterpillar warranty covered items in their respective category
**Represents items typically excluded by most other manufacturer warranties, but are
included under Caterpillar’s warranty coverage.
Caterpillar Warranty Coverage INCLUSIONS & EXCLUSIONS
Powertrain
Powertrain+
Hydraulics Premier
Engine & Accessories
Engine – Internal Components • • •
Valve Cover • • •
Oil Cooler BHL • • •
Radiator •
Exhaust/Muffler •
Manifolds • • •
Fan Motor • • •
Water Pump • • •
Fuel Injection Pumps • • •
Injectors • • •
Lift/Transfer Pump • • •
Senders/Solenoids/Sensors • • •
Thermostat • • •
Flywheel & Torque Converter • • •
Oil Pan Group • • •
Engine Oil Filter Mount ** • • •
Turbocharger • • •
Pulleys ** • • •
Starter •
Alternator •
AC Compressor/Condenser •
Electronic Control Modules • • •
Governor/Speed Controls & Linkages ** • • •
Fuel Lines ** • • •
Fuel Tank & Associated Parts •
Water Piping •
Oil Hoses/Lines •
State of Arizona ADOT Procurement
RFP Solicitation Number: BPM002936
October 20, 2020
8
Caterpillar Warranty Coverage
INCLUSIONS & EXCLUSIONS
Powertrain Powertrain+ Hydraulics Premier
Transmission/Hydrostatic/Driveline
Transmissions • • •
Final Drives/Planetary • • •
Drive Shafts • • •
Transfer Case • • •
Wet brake assemblies • • •
Hydrostatic Pumps & Drive Motors ** • •
Linkage/Lines Connected to Hystat Pump ** • •
Drive (pilot/eh) Control Valves ** • • •
Senders/Sensors ** • •
Axles
Axles • • •
Axle Seals ** • • •
Lug Nuts & Bolts ** • • •
Differentials
Differentials • • •
Hydraulic Systems
Hydraulic Pumps & Motors • •
Hydraulic Cylinders • •
Hydraulic Valves & Controls • •
Hydraulic Accumulators ** • •
Hydraulic Oil Coolers ** • •
Hoses and Lines ** • •
Hydraulic Quick Couplers ** • •
Hydraulic Oil Filter Mounts ** • •
Electrical
Gauges/Indicators/Instruments ** •
Wiring harnesses ** •
Switches ** •
Frames & Linkages
Chassis/Implement Frames ** •
Weldment ** •
State of Arizona ADOT Procurement
RFP Solicitation Number: BPM002936
October 20, 2020
9
Allied Product Warranty
Allied products are not included in the scope of CAT Warranty terms and conditions. All allied products will be sold with the manufacturer’s standard warranty. This warranty differs
from manufacturer to manufacturer. If extended warranty is available and ADOT requests extended options from an allied manufacturer, EMPIRE will provide the price on a case-by-case basis.
5. Identify all authorized companies/distributors/dealers located statewide that will be involved in warranty repair services. Please complete the Repair Locations attachment
and upload with your response.
All Caterpillar product warranty service will be provided by EMPIRE at the most convenient
EMPIRE facility, or in the field by EMPIRE employees. Exceptions would be when Allied products have components where warranty repairs are exclusive to other dealers.
Example: ADOT’s Kodiak brand snow blowers, purchased from EMPIRE and mounted on Caterpillar 966K Loaders. The machines have a Mercedes engine and the manufacturer
requires warranty work to be provided by the Mercedes dealer in Phoenix.
The uploaded Repair Locations attachment lists the address of EMPIRE Arizona locations
serving ADOT.
The map below provides a visual of our geographical coverage with relation to ADOT.
State of Arizona ADOT Procurement
RFP Solicitation Number: BPM002936
October 20, 2020
10
6. Provide detailed information explaining the warranty service capabilities of your authorized dealers
Twenty-one of EMPIRE’s 27 stores are capable of machine warranty service and have trained technicians to support repairs. For large components, some EMPIRE remote branch stores may not have the heavy lifting infrastructure or highly specialized machining
tools to complete every job. Those components may be shipped to the closest EMPIRE facility that can complete the work. All such transportation will be handled by EMPIRE internally.
7. Describe any parts the “service center” will have on-hand and those that must be
ordered.
EMPIRE’s current territory-wide parts fill rate for client orders is 98.5% within 24 hours,
and 94.97% availability “off-the-shelf” from Mesa, our main store. EMPIRE operates its
own parts logistics trucking network which assists in providing this 98.5% parts availability to any store in the state, within 24 hours. These statistics vary from week to week and are
the results of a rolling 36 month average.
EMPIRE Parts Department is ranked in Caterpillar’s “Top 5” for best performing and
largest parts dealers in North America. EMPIRE has a new, used and remanufactured
inventory with a net value of over $93 million dollars. We have 21 parts warehouses at our stores, including five locations in the Phoenix Metro area.
All stores stock different line items based on the history of “hits” in their local area. Most of the common models that ADOT utilizes are also the common models in each of our
store locations. Our lowest over- the-counter fill percentage, from any of our 21 stores, is 93.2%
EMPIRE understands that waiting on a part usually means a tractor is down, which can
be costly. EMPIRE’s highly experienced staff understands down time and the importance
of ordering the right parts and filling a parts request as quickly as possible.
8. Will your company provide a loaner or rental equipment if the equipment is down for
more than 24 hours?
We do not provide loaner machines. We request you consider our proposal based on
these terms only.
For dealers representing any brand, contractual loaner guarantees have an incalculable
financial risk. No dealer can guarantee 100% of the time that they will have a like-kind
machine available and ready at any given moment.
But, this deserves more explanation: Our highly valued relationship with ADOT demands we consider loaners in certain
circumstances. However, that decision must remain solely at EMPIRE’s discretion and it
will be one of several possible solutions for a down machine that creates a critical hardship.
State of Arizona ADOT Procurement
RFP Solicitation Number: BPM002936
October 20, 2020
11
At a minimum, EMPIRE will provide a subsidized rental machine that is either an exact
match or based on ADOT’s input, adequately sized unit at a 50% discount from EMPIRE’s rental rate. ADOT will be responsible for the normal rental wear items associated with a
rental for the duration of time the down machine is under warranty. Additionally, if a down machine is causing a hardship to ADOT from a habitual issue that
EMPIRE has not yet solved, the probability is high that EMPIRE will provide a loaner at no cost to ADOT, other than the cost of wear items. But again, that decision must remain solely with EMPIRE.
Field Service trucks with resident field technicians and parts drops provide a level of
service unmatched in EMPIRE’s territory to reduce down time and increase productivity.
EMPIRE only employs trained, experienced technicians to support Caterpillar’s full range
of products. EMPIRE Technical Communicators (TC) provide additional support to
field/shop technicians to aid in rapid product or application issue resolutions. EMPIRE
TC’s have a direct line of communication with Caterpillar Inc., through the Dealer Solution
Network, to expedite problem solving.
EMPIRE currently employs over 2,200 employees, of which approximately 75% are
dedicated to product support. With over 22 service locations, over 170 service bays and
200+ field service trucks, these highly skilled and trained Caterpillar trained technicians are in close proximity to provide unmatched service capabilities to meet your service
requirements. As part of a commitment to servicing customers, EMPIRE invests nearly $3 million
annually in technician, parts counter, and product support representative training. Over the last 70 years, our philosophy has been to provide our customers with a level of product support unequalled in our industry, through a financially healthy and viable company that
is dedicated to the business of our clients.
Authorized Service and Repair Locations
Solicitation No: BPM002936 Available online at
https://app.az.gov
Page 1 of 1
Rev 12/2018
Please list the organization name, address, telephone number and type of service for local authorized service and
repair facilities (Within 200 mile radius of Metro Phoenix) for the equipment supplied as a result of this contract.
1. ORGANIZATION: Empire Southwest, LLC dba Empire Machinery (Headquarters)
ADDRESS: 1725 S. Country Club Drive
CITY/STATE/ZIP CODE: Mesa, AZ 85210
TELEPHONE NUMBER: 480-633-4000
FAX NUMBER:
TYPE OF SERVICES PROVIDED: Parts, Service & Sales
2. ORGANIZATION: Empire Machinery (Mesa Main Shop & CRC Rebuild)
ADDRESS: 256 W. Juanita Avenue
CITY/STATE/ZIP CODE: Mesa, AZ 85210
TELEPHONE NUMBER: 480-633-4421
FAX NUMBER:
TYPE OF SERVICES PROVIDED: Parts, Service & Sales
3. ORGANIZATION: Empire Machinery (Mesa Hydraulic Service)
ADDRESS: 1835 S. MacDonald
CITY/STATE/ZIP CODE: Mesa, AZ 85210
TELEPHONE NUMBER: 480-633-4700
FAX NUMBER:
TYPE OF SERVICES PROVIDED: Hydraulic Service _
4. ORGANIZATION: Empire Machinery (Mesa Precision Machining)
ADDRESS: 41 W. Iron Ave.
CITY/STATE/ZIP CODE: Mesa, AZ 85210
TELEPHONE NUMBER: 480-633-4425
FAX NUMBER:
TYPE OF SERVICES PROVIDED: Machining Service
Authorized Service and Repair Locations
Solicitation No: BPM002936 Available online at
https://app.az.gov
Page 2 of 1
Rev 12/2018
Please list the organization name, address, telephone number and type of service for local authorized service and
repair facilities (Within 200 mile radius of Metro Phoenix) for the equipment supplied as a result of this contract.
1. ORGANIZATION: Empire Machinery (Mesa Used Parts)
ADDRESS: 34 W. Iron Ave.
CITY/STATE/ZIP CODE: Mesa, AZ 85210
TELEPHONE NUMBER: 480-633-4598
FAX NUMBER:
TYPE OF SERVICES PROVIDED: Used Parts Sales
2. ORGANIZATION: Empire Machinery (Mesa Transport)
ADDRESS: 40 W. Iron Ave.
CITY/STATE/ZIP CODE: Mesa, AZ 85210
TELEPHONE NUMBER: 480-633-4600
FAX NUMBER:
TYPE OF SERVICES PROVIDED: Transport Services
3. ORGANIZATION: Empire Machinery (Mesa Training Institute)
ADDRESS: 1855 S. MacDonald
CITY/STATE/ZIP CODE: Mesa, AZ 85210
TELEPHONE NUMBER: 480-633-4363
FAX NUMBER:
TYPE OF SERVICES PROVIDED: Operator & Technical Service Training
4. ORGANIZATION: Empire Machinery
ADDRESS: 21230 N. Black Canyon Hwy.
CITY/STATE/ZIP CODE: Phoenix, AZ 85027 (Deer Valley)
TELEPHONE NUMBER: 623-760-1100
FAX NUMBER:
TYPE OF SERVICES PROVIDED: Parts, Service & Sales
Authorized Service and Repair Locations
Solicitation No: BPM002936 Available online at
https://app.az.gov
Page 3 of 1
Rev 12/2018
Please list the organization name, address, telephone number and type of service for local authorized service and
repair facilities (Within 200 mile radius of Metro Phoenix) for the equipment supplied as a result of this contract.
1. ORGANIZATION: Empire Machinery (Power Systems)
ADDRESS: 801 N. 44th Ave.
CITY/STATE/ZIP CODE: Phoenix, AZ 85009
TELEPHONE NUMBER: 602-333-5600
FAX NUMBER:
TYPE OF SERVICES PROVIDED: Parts, Service, Sales & Rentals
2. ORGANIZATION: Empire Machinery (Truck & Trailer)
ADDRESS: 840 N. 43rd Ave.
CITY/STATE/ZIP CODE: Phoenix, AZ 85009
TELEPHONE NUMBER: 602-962-7961
FAX NUMBER:
TYPE OF SERVICES PROVIDED: Parts, Service & Sales
3. ORGANIZATION: Empire Machinery (Rental)
ADDRESS: 3215 S. Winchester Rd.
CITY/STATE/ZIP CODE: Apache Junction, AZ 85119
TELEPHONE NUMBER: 480-308-9100
FAX NUMBER:
TYPE OF SERVICES PROVIDED: Rentals & Rental Service
4. ORGANIZATION: Empire Machinery (Rental)
ADDRESS: 25630 W. Durango St.
CITY/STATE/ZIP CODE: Buckeye, AZ 85326
TELEPHONE NUMBER: 623-474-0840
FAX NUMBER:
TYPE OF SERVICES PROVIDED: Rentals & Rental Service
Authorized Service and Repair Locations
Solicitation No: BPM002936 Available online at
https://app.az.gov
Page 4 of 1
Rev 12/2018
Please list the organization name, address, telephone number and type of service for local authorized service and
repair facilities (Within 200 mile radius of Metro Phoenix) for the equipment supplied as a result of this contract.
1. ORGANIZATION: Empire Machinery (Ag Equipment)
ADDRESS: 26403 MC 85
CITY/STATE/ZIP CODE: Buckeye, AZ 85326
TELEPHONE NUMBER: 623-925-3020
FAX NUMBER:
TYPE OF SERVICES PROVIDED: Parts, Service & Sales
2. ORGANIZATION: Empire Machinery (Ag Equipment)
ADDRESS: 8901 W. Highway 287
CITY/STATE/ZIP CODE: Casa Grande, AZ 85194
TELEPHONE NUMBER: 520-374-3500
FAX NUMBER:
TYPE OF SERVICES PROVIDED: Parts, Service & Sales
3. ORGANIZATION: Empire Machinery
ADDRESS: 3501 W. Houser Rd.
CITY/STATE/ZIP CODE: Eloy, AZ 85131
TELEPHONE NUMBER: 520-582-2900
FAX NUMBER:
TYPE OF SERVICES PROVIDED: Parts, Service & Sales
4. ORGANIZATION: Empire Machinery
ADDRESS: 7600 S. Nogales Hwy.
CITY/STATE/ZIP CODE: Tucson, AZ 85756
TELEPHONE NUMBER: 520-746-8200
FAX NUMBER:
TYPE OF SERVICES PROVIDED: Parts, Service, Sales & Rentals
Authorized Service and Repair Locations
Solicitation No: BPM002936 Available online at
https://app.az.gov
Page 5 of 1
Rev 12/2018
Please list the organization name, address, telephone number and type of service for local authorized service and
repair facilities (Within 200 mile radius of Metro Phoenix) for the equipment supplied as a result of this contract.
1. ORGANIZATION: Empire Machinery (Power Systems/Truck & Trailer)
ADDRESS: 3830 N. Highway Dr.
CITY/STATE/ZIP CODE: Tucson, AZ 85705
TELEPHONE NUMBER: 520-407-3100
FAX NUMBER:
TYPE OF SERVICES PROVIDED: Parts, Service, Sales & Rentals
2. ORGANIZATION: Empire Machinery
ADDRESS: 190 W. Ash St.
CITY/STATE/ZIP CODE: Globe, AZ 85501
TELEPHONE NUMBER: 928-402-6410
FAX NUMBER:
TYPE OF SERVICES PROVIDED: Parts, Service & Sales
3. ORGANIZATION: Empire Machinery
ADDRESS: 3060 Centerpointe East Dr.
CITY/STATE/ZIP CODE: Prescott, AZ 86301
TELEPHONE NUMBER: 928-499-6001
FAX NUMBER:
TYPE OF SERVICES PROVIDED: Parts, Service & Sales
4. ORGANIZATION: Empire Machinery
ADDRESS: 2574 W. US Highway 70
CITY/STATE/ZIP CODE: Thatcher, AZ 85552
TELEPHONE NUMBER: 928-387-8700
FAX NUMBER:
TYPE OF SERVICES PROVIDED: Parts, Service, Sales & Rentals
Authorized Service and Repair Locations
Solicitation No: BPM002936 Available online at
https://app.az.gov
Page 6 of 1
Rev 12/2018
Please list the organization name, address, telephone number and type of service for local authorized service and
repair facilities (Within 200 mile radius of Metro Phoenix) for the equipment supplied as a result of this contract.
1. ORGANIZATION: Empire Machinery
ADDRESS: 1501 E. Thornton St.
CITY/STATE/ZIP CODE: Show Low, AZ 85901
TELEPHONE NUMBER: 928-532-2098
FAX NUMBER:
TYPE OF SERVICES PROVIDED: Parts, Service, Sales & Rentals
2. ORGANIZATION: Empire Machinery
ADDRESS: 3885 E. Gila Ridge Rd.
CITY/STATE/ZIP CODE: Yuma, AZ 85365
TELEPHONE NUMBER: 928-317-7800
FAX NUMBER:
TYPE OF SERVICES PROVIDED: Parts, Service, Sales & Rentals
3. ORGANIZATION: Empire Machinery
ADDRESS: 3255 Rutherford St.
CITY/STATE/ZIP CODE: Kingman, AZ 86409
TELEPHONE NUMBER: 928-757-1159
FAX NUMBER:
TYPE OF SERVICES PROVIDED: Parts, Service, Sales & Rentals
4. ORGANIZATION: Empire Machinery
ADDRESS: 4900 E. Empire Ave.
CITY/STATE/ZIP CODE: Flagstaff, AZ 86004
TELEPHONE NUMBER: 928-526-2800
FAX NUMBER:
TYPE OF SERVICES PROVIDED: Parts, Service, Sales & Rentals
Authorized Service and Repair Locations
Solicitation No: BPM002936 Available online at
https://app.az.gov
Page 7 of 1
Rev 12/2018
Please list the organization name, address, telephone number and type of service for local authorized service and
repair facilities (Within 200 mile radius of Metro Phoenix) for the equipment supplied as a result of this contract.
1. ORGANIZATION: Empire Machinery (Used Parts)
ADDRESS: 1605 N. Industrial Park Dr., Suite D
CITY/STATE/ZIP CODE: Nogales, AZ 85621
TELEPHONE NUMBER: 520-287-6630
FAX NUMBER:
TYPE OF SERVICES PROVIDED: Used Parts Sales
2. ORGANIZATION:
ADDRESS:
CITY/STATE/ZIP CODE:
TELEPHONE NUMBER:
FAX NUMBER:
TYPE OF SERVICES PROVIDED:
3. ORGANIZATION:
ADDRESS:
CITY/STATE/ZIP CODE:
TELEPHONE NUMBER:
FAX NUMBER:
TYPE OF SERVICES PROVIDED:
4. ORGANIZATION:
ADDRESS:
CITY/STATE/ZIP CODE:
TELEPHONE NUMBER:
FAX NUMBER:
TYPE OF SERVICES PROVIDED:
ITEM 9. G.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 06/04/2024 Meeting Type: Town Council Regular Meeting
Agenda Type: Regular Agenda Submitting Department: Administration
Prepared by: Linda Mendenhall, Town Clerk
Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION AND POSSIBLE
ACTION: Relating to any item included in the League of Arizona Cities and Towns' weekly Legislative
Bulletin(s), or relating to any action proposed or pending before the State Legislature.
Staff Summary (Background)
This is a regularly recurring agenda item on the Town Council agenda during the legislative session.
This agenda item aims to obtain consensus from the Mayor and Council on legislative bills and provide
direction, if any, to staff to communicate the town's position on the bills. For every Council meeting,
the Legislative Bulletin will be attached to the Town Council agenda, including legislative analysis of
the bills and their impacts on municipalities. The Mayor and Council will have an opportunity to
review the bills that are under consideration in the Arizona State Legislature and provide direction on
supporting or opposing the bills. The Mayor and Council may also bring up other bills of interest to the
Town of Fountain Hills for discussion that are not listed in the Legislative Bulletin.
Related Ordinance, Policy or Guiding Principle
N/A
Risk Analysis
N/A
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
N/A
SUGGESTED MOTION
MOVE to provide staff direction on one or more bills being considered by the State Legislature.
Attachments
Legislative Bulletin - Issue 19
Legislative Bulletin - Issue 20
Form Review
Form Started By: Linda Mendenhall Started On: 05/23/2024 04:27 PM
Final Approval Date: 05/23/2024
Legislative Update:
Welcome to Week 20
Welcome to the 20th week of the Arizona legislative session. 1,761 bills,
resolutions, and memorials have been introduced.
Political Environment
HCR2060 border; benefits; fentanyl; illegal entry (Toma) was placed on the
Senate Third Read Calendar last week but was ultimately held when it became
apparent that the measure did not have the votes to pass. Senator Justine
Wadsack (R-Tucson) was absent, and Senator Ken Bennett (R-Prescott)
expressed concerns about the bill’s potential impact on individuals who have
benefitted from the Deferred Action for Childhood Arrivals (DACA) program. The
Senate returns this Wednesday and is expected to take up the measure again,
but further changes to the bill may be recommended.
The Senate Elections Committee also convened last week to consider a strike-
everything amendment to HCR2056 S/E relating to elections (Montenegro).
The amendment makes substantial changes to election administration. Both
Secretary of State Adrian Fontes and representatives for county recorder offices
expressed concern over how the proposed changes would be implemented.
Committee members acknowledged additional work may be necessary, and the
bill passed along party-lines.
Meanwhile, the House held an Ethics Committee hearing last week to discuss
complaints lodged against Rep. Analise Ortiz (D-Maryvale) and Rep. Oscar De
Los Santos (D-Laveen). These complaints stem from an incident in April when
the members loudly expressed their displeasure and shouted at other members
on the House floor following the chamber’s successful motion to recess rather
than consider HB2677 abortion ban; repeal (Stahl Hamilton). That measure
has since passed and been signed by the Governor. The committee did not
make a final decision about any official reprimand against the members, and the
House is now adjourned until Tuesday, June 4th.
Zoning Legislation
HB2720 accessory dwelling units; requirements (Carbone) would require
municipalities with a population of 75,000 or more to allow for the construction of
accessory dwelling units (ADUs) or ‘casitas’ on any single-family residential lot
and severely restricted the regulation of such ADUs. 13 of the 15 cities this
legislation would impact already allow for ADUs, and the remaining two are
planning to allow for them. The bill would preempt already established
ordinances and those that are being developed in collaboration with residents
and replace them with a preemptive one-size-fits-all policy that undermines
efforts to ensure new ADUs add to the supply of housing and not investor stock
of short-term rentals.
Status: Transmitted to Governor
Position: OPPOSE
HB2721 municipal zoning; middle housing (Carbone) requires cities and
towns with a population of 75,000 or more to allow for the construction of middle
housing types (i.e. townhomes and multiplex developments) on all lots zoned for
single-family residential use within a mile of the city or town’s central business
district and in at least 20% of any new development of ten acres or more in size.
While there are some additional limitations, the bill strikes a balance allowing for
continued collaboration between communities and developers to offer more
diverse housing options.
Status: Transmitted to Governor
Position: SUPPORT
Other Bills
HB2275: settlement agreements; report; approval (Marshall) requires cities
and towns to send reports outlining the details of settlement agreements if they
will cost $500,000 or more to the Governor, Attorney General, and legislative
leadership. If the cost of the agreement is $1M or more, it would further require
those reports to be sent to the Joint Legislative Budget Committee (JLBC) who
may recommend amendments. If reports are not sent at least 90 days prior to
entering a settlement agreement, it would be deemed legally unenforceable.
The measure adds unnecessary layers of bureaucracy that will likely deter
municipalities from entering settlements even when it is in the best interest of
the community, leading to protracted legal disputes and court proceedings
resulting in increased costs to taxpayers.
Status: Transmitted to Governor
Legislative StaffYou can contact our legislative division at (602) 258-5786 or email using the
information below:
Tom Savage, Legislative Director: tsavage@azleague.org
Marshall Pimentel, Senior Legislative Associate: mpimentel@azleague.org
Adam Babica, Legislative Associate: ababica@azleague.org
Rachel Merritt, Legislative Intern: legisintern@azleague.org
Position: OPPOSE
HB2325 backyard fowl; regulation; prohibition (Payne) establishes minimum
allowances for single-family homes on lots of one-half acre or less to keep up to
six chickens in the backyard of the property. The bill outlines reasonable
limitations including enclosure size, maintenance standards, and a 20-foot
setback requirement.
Status: Transmitted to Governor
Position: NEUTRAL
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What the League is Tracking
League of Arizona Cities and Towns
1820 W Washington Street
Phoenix, AZ 85007
info@azleague.org
No longer want to receive these emails? Unsubscribe.
Stay informed about legislation that affects municipalities throughout the
state. Track proposed bills and resolutions, stay updated on their progress,
and actively engage in the democratic process. Here are some prioritymeasures the League is tracking:
Legislative Bill Monitoring
Legislative Update:
Welcome to Week 21
Welcome to the 21st week of the Arizona legislative session. 1,761 bills,
resolutions, and memorials have been introduced.
Political Environment
After the passage of a floor amendment to address concerns raised previously,
HCR2060 border; benefits; fentanyl; illegal entry (Toma) passed on party-
lines last week. The amendment satisfied Senator Ken Bennett (R-Prescott) as
it made clear that the measure could not be enforced retroactively, and that
probable cause needed to exist to make an arrest, ostensibly protecting
beneficiaries of the Deferred Action for Childhood Arrivals (DACA) program.
However, Democrats passionately stood against the ballot referral and activists
in the gallery at one point caused a commotion as they shouted at supportive
Senators.
As the end of the fiscal year nears, news of budget negotiations has remained
ominously quiet. The Joint Legislative Budget Committee (JLBC) revealed in
their monthly report that April General Fund revenues are 1.6% above last
year’s numbers but are $9M below their January forecast. Overall, JLBC
projects a $1.7B shortfall over the next two fiscal years.
The Senate now stands at recess, and the House will return on Tuesday, June
4th. Given the extended recess, the League Legislative Bulletin will be
suspended until after the legislature returns.
Governor's Actions
HB2720 accessory dwelling units; requirements (Carbone) requires
municipalities with a population of 75,000 or more to allow for the construction of
accessory dwelling units (ADUs) or ‘casitas’ on any single-family residential lot
and restricts the regulation of such ADUs.
Status: SIGNED
Position: OPPOSE
Legislative Staff
You can contact our legislative division at (602) 258-5786 or email using the
information below:
Tom Savage, Legislative Director: tsavage@azleague.org
Marshall Pimentel, Senior Legislative Associate: mpimentel@azleague.org
Adam Babica, Legislative Associate: ababica@azleague.org
Rachel Merritt, Legislative Intern: legisintern@azleague.org
HB2721 municipal zoning; middle housing (Carbone) requires cities and
towns with a population of 75,000 or more to allow for the construction of middle
housing types (i.e. townhomes and multiplex developments) on all lots zoned for
single-family residential use within a mile of the city or town’s central business
district and in at least 20% of any new development of ten acres or more in size.
Status: SIGNED
Position: SUPPORT
HB2275: settlement agreements; report; approval (Marshall) would have
imposed burdensome and unnecessary reporting requirements for settlement
agreements costing $500,000 or more. The measure likely would have led to
protracted legal disputes and court proceedings resulting in increased costs to
taxpayers.
Status: VETOED
Position: OPPOSE
HB2325 backyard fowl; regulation; prohibition (Payne) establishes minimum
allowances for single-family homes on lots of one-half acre or less to keep up to
six chickens in the backyard of the property and preempts local ordinances to
the contrary. The bill further outlines limitations including enclosure size,
maintenance standards, and a 20-foot setback requirement.
Status: SIGNED
Position: NEUTRAL
League of Arizona Cities and Towns
1820 W Washington Street
Phoenix, AZ 85007
info@azleague.org
No longer want to receive these emails? Unsubscribe.
#Keepup withus on X.
Keep up with the issues and events.
CLICK HERE
What the League is Tracking
Stay informed about legislation that affects municipalities throughout the
state. Track proposed bills and resolutions, stay updated on their progress,and actively engage in the democratic process. Here are some priority
measures the League is tracking:
Legislative Bill Monitoring