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Home My WebLink Aboutagendapacket__06-03-25_0622_700 NOTICE OF MEETING REGULAR AND SPECIAL MEETINGS FOUNTAIN HILLS TOWN COUNCIL Mayor Gerry M. Friedel Vice Mayor Hannah Larrabee Councilmember Gayle Earle Councilmember Brenda Kalivianakis Councilmember Rick Watts Councilmember Peggy McMahon Councilmember Allen Skillicorn TIME:5:30 P.M. – REGULAR AND SPECIAL MEETINGS WHEN:TUESDAY, JUNE 3, 2025 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 a 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 Instructions The public is welcome to participate in Council meetings. TO SPEAK TO A CONSENT OR REGULAR AGENDA ITEM, complete a Request to Comment card and hand it to the Town Clerk prior to discussion of that item. Include the agenda item NUMBER on which you wish to comment. A separate submission is required for each agenda item. Request to Comment cards will not be accepted once the Council deliberations begin. Submit a Request to Comment card prior to a public hearing agenda item. TO COMMENT ON A CONSENT OR REGULAR AGENDA ITEM IN WRITING ONLY, complete a Request to Comment card, indicating that it is a written comment, check the box on whether you are FOR or AGAINST a consent or regular agenda item, and hand it to the Town Clerk prior to discussion on that item. A separate submission is required for each agenda item. TO SPEAK TO CALL TO THE PUBLIC, complete a Request to Comment card and hand it to the Town Clerk. 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 IN WRITING ONLINE: Visit https://www.fountainhillsaz.gov/publiccomment and submit a Request to Comment card no later than 12:00 PM on the day prior to the meeting. These comments are shared with the Town Council. This Request to Comment card, and any information you write on it, is a public record subject to public disclosure. 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 Gerry M. Friedel 2.INVOCATION - Moment of Silence 3.ROLL CALL – Mayor Gerry M. Friedel 4.REPORTS BY MAYOR, COUNCILMEMBERS AND TOWN MANAGER 5.PRESENTATIONS A.PRESENTATION: Update on the Maricopa County Sheriff's Office by Captain Kevin Thomas. NO ACTION TAKEN B.PRESENTATION: Economic Development Third Quarter Update NO ACTION TAKEN 6.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. 7.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: Approving the Minutes for the Town Council Regular Meeting of May 6, 2025. APPROVED B.CONSIDERATION AND POSSIBLE ACTION: Approving Resolution 2025-22, abandoning the 10' Public Utility and Drainage Easements along the south and southeast sides of 16409 E Arroyo Vista Drive (Application A25-000006) APPROVED C.CONSIDERATION AND POSSIBLE ACTION: Approving Resolution APPROVED Town Council Regular Meeting of June 3, 2025 2 C.CONSIDERATION AND POSSIBLE ACTION: Approving Resolution 2025-13, the designation of Paul Soldinger, Chief Fiscal Officer of the Town of Fountain Hills for FY26. APPROVED D.CONSIDERATION AND POSSIBLE ACTION: Approving Resolution 2025-23, Amendment Four to the Intergovernmental Agreement with the Flood Control District of Maricopa County for the Golden Eagle Park Dam Debris Mitigation Improvement Project. APPROVED 8.REGULAR AGENDA A.PUBLIC HEARING regarding Resolution 2025-11, approving the final budget for the Town of Fountain Hills for the fiscal year beginning July 1, 2025, and ending June 30, 2026. RECESS REGULAR MEETING OPEN SPECIAL MEETING CONSIDERATION, AND POSSIBLE ACTION: RESOLUTION 2025-11 - ADOPTION OF FINAL BUDGET; RESOLUTION 2025-12 - BUDGET IMPLEMENTATION POLICY Town Council will consider a request to: (a) approving Resolution 2025-11, the Final Budget for the Town of Fountain Hills for the fiscal year beginning July 1, 2025, and ending June 30, 2026; (b) Approving Resolution 2025-12, and establishing the FY2026 Budget Implementation Policy and the Town's organizational charts, pay plans, schedule of authorized positions, updated employee job descriptions, and comprehensive fee schedule for fiscal year 2026. CLOSE SPECIAL MEETING RECONVENE REGULAR MEETING APPROVED B.CONSIDERATION AND POSSIBLE ACTION: Approving a request from Republic Services to increase fees above contract renewal limits. APPROVED C.CONSIDERATION AND POSSIBLE ACTION: Approving Resolution 2025-08, approving the Intergovernmental Agreement renewal with the Regional Public Transit Authority - Valley Metro, relating to transit services in Fountain Hills. APPROVED D.CONSIDERATION AND POSSIBLE ACTION: Approving the purchase of a Fire Department Type 6 Brush Truck to replace Truck #174. APPROVED E. CONSIDERATION AND POSSIBLE ACTION: Approving the purchase of a Compact caterpillar 303 Hydraulic Excavator from Empire Caterpillar APPROVED F.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. NO ACTION TAKEN 9.COUNCIL DISCUSSION/DIRECTION to the TOWN MANAGER Town Council Regular Meeting of June 3, 2025 3 9.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. 10.FUTURE AGENDA ITEMS 11.ADJOURNMENT APPROVED Dated this 29 day of May, 2025. /S/ Bevelyn J. Bender, Town Clerk The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 480-816-5100 (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 3, 2025 4 ITEM 5. A. TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Date: 06/03/2025 Meeting Type: Town Council Regular and Special Meetings Agenda Type: Presentations Submitting Department: Administration Prepared by: Request to Town Council Regular and Special Meetings (Agenda Language): PRESENTATION: Update on the Maricopa County Sheriff's Office by Captain Kevin Thomas. Staff Summary (Background) Related Ordinance, Policy or Guiding Principle Risk Analysis Recommendation(s) by Board(s) or Commission(s) Staff Recommendation(s) SUGGESTED MOTION Presentation only. No action required. Attachments MCSO Presentation Maricopa County Sheriffs Office Quarterly Report June 3rd, 2025 Fountain Hills District Status Staffing: 20 Deputies 7 Sergeants 2 Deputy Service Aids (DSA’s) –1 DSA hire in process 3 Command Staff, which includes a Watch Commander Definition Call for Service A call generated by a member of the public, other agency, or external source to MCSO. Fountain Hills Response Times Fountain Hills Response Times Fountain Hills Response Times Events Events CFS Activity Overview CFS Activity Overview Current Topics: Squad 5 •MCSO partnering with Mayor Friedel’s Visibility Initiative •Increased presence and patrol methods in town •Contact and partnering with Town Business owners/residents •Proactive patrol based on data/community/business input •Flexible working hours/projects by Squad 5 deputies •New schedule brings increased patrol resources to the town during busiest times of the week Current Topics: Financial Crimes •Noted increase of residents falling victim to financial scams •Recent incidents included residents scammed for reportedly over $1 million dollars •Extremely difficult investigation for law enforcement to bring to justice •Heartbreaking for the victim and their families •Fountain Hills and MCSO working together to inform and help residents combat this continuing issue •Sergeant Lance Hunzeker (Financial Crimes Unit) ITEM 5. B. TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Date: 06/03/2025 Meeting Type: Town Council Regular and Special Meetings Agenda Type: Presentations Submitting Department: Administration Prepared by: Amanda Jacobs, Economic Development Director Staff Contact Information: Amanda Jacobs, Economic Development Director Request to Town Council Regular and Special Meetings (Agenda Language): PRESENTATION: Economic Development Third Quarter Update Staff Summary (Background) Economic Development Director Amanda Jacobs will be presenting a third quarter (January 1, 2025 - March 31, 2025) Economic Development Update to the Town Council at its meeting on June 3, 2025. The presentation will include town efforts on business attraction, business retention and expansion, marketing, advertising, tourism and strategic partnerships. Attachments Economic Development Q3 Report Economic Development 3rd Quarter Update •Café Bliss (former Sipps) •Located at 16425 E. Palisades Blvd Business Attraction •New Openings •Arizona Legacy Builders LLC (5 employees) •Coming Soon •Coffee Roasters •Good Living Greens (relocation) •Club Pilates •All Natural Wine and Olive Oil, LLC •Fountain Hills Food Cart •Haan Korean BBQ •Snowbird Ice Cream Co. Business Attraction Business Attraction •23,024 square foot store •Four Peaks Plaza Shopping Center •Construction anticipated by end of year or early 2026 •Business Retention and Expansion Program •Shop Local Campaign •8 week Print Campaign Business Retention & Expansion Apartment Occupancy Rate Apartment Occupancy Rate Gunsight 94% Casa Del Lago 94% Four Peaks Vista Condos 88% Pillar at Fountain Hills 93% Luna at Fountain Hills 84% Park Place at Fountain Hills 90% Average 91% Apartment Pipeline Apartment Name # of Units Status Redrock Center 17 Approved; ready to issue Malta & Saguaro 10 Under Construction Park Place II & III 184 Approved; ready to issue Arrow Dr.5 Permit Expired Fountain Hills Blvd & Glenbrook 10 Approved; ready to issue Mountainside 70 Site Plan Submitted; under review Sunflower 4 No Application Submitted Rand & Saguaro 5 Under Construction Ivory & El Pueblo 4 Under Construction El Pueblo 7 Site Plan Approved Cambria Drive & La Montaña 8 Approved; ready to issue Four Peaks Village 316 No application submitted Boardwalk Apartments at Fountain Park 12 Under Construction Total 652 Vacancy Rate – Existing Buildings *Calculated by the amount of vacant rental building area (RBA) in the property divided by the total existing RBA. Category Vacancy Rate (2nd Quarter) Staff Change Vacancy Rate (3rd Quarter) CoStar Vacancy Rate (3rd Quarter) Staff Office 18.2%19.2%24.8% Industria l 10.9%4.9%10.4% Marketing •Ad Placements •Arrived Magazine •Experience AZ Magazine •Media Coverage •Events •International Dark Sky Discovery Center •Naturally FH Videos •Arts and Culture •Greening of the Fountain •Fountain Hills “Naturally Campaign” – Addy Awards for Southern Arizona •Gold •Best in Show Marketing Irish Fest •10,000 attendees •Media Coverage (42 Mentions) •ABC15 •12 News •FOX10 Partnerships •Arizona Office of Tourism •Fort McDowell Yavapai Nation •Fountain Hills Chamber of Commerce •Fountain Hills Unified School District •International Dark Sky Discovery Center •Fountain Hills Times Independent •Greater Phoenix Economic Development Council •River of Time Museum •Southern Arizona Arts and Cultural Alliance Economic Development Advisory Committee •Purpose: To market Fountain Hills to attract a major employer or anchor tenant. •Available Sites and Buildings •Marketing Brochure •Hotel Occupancy: 70% •Social Media Impressions •Facebook: 17% Increase •Instagram: 57% Increase •Fountain Live Feed: 60,389 views •Experience Fountain Hills Website •42k New Visitors Tourism Tourism Continued Experience FH Website Viewership Top 5 AZ Top 5 National Phoenix Los Angeles Scottsdale Ashburn Tempe Las Vegas Fountain Hills Chicago Mesa New York Questions? ITEM 7. A. TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Date: 06/03/2025 Meeting Type: Town Council Regular and Special Meetings Agenda Type: Consent Submitting Department: Administration Prepared by: Request to Town Council Regular and Special Meetings (Agenda Language): CONSIDERATION AND POSSIBLE ACTION: Approving the Minutes for the Town Council Regular Meeting of May 6, 2025. 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 for the Town Council Regular Meeting of May 6, 2025. SUGGESTED MOTION MOVE to approve the Minutes for the Town Council Regular Meeting of May 6, 2025, as presented. Attachments VERBATIM TRANSCRIPT TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR MEETING OF THE FOUNTAIN HILLS TOWN COUNCIL May 6, 2025 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 Gerry M. Friedel; Vice Mayor Hannah Larrabee; Councilmember Gayle Earle; Councilmember Brenda Kalivianakis; Councilmember Rick Watts; Councilmember Peggy McMahon; Councilmember Allen Skillicorn Staff Present: Town Manager Rachael Goodwin; Town Attorney Robert Wingo; Town Clerk Bevelyn Bender TOWN OF FOUNTAIN HILLS MAY 6, 2025 TOWN COUNCIL REGULAR MEETING MINUTES Page 1 of 76 Post-Production File Town of Fountain Hills Town Council Regular Meeting Minutes May 6, 2025 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 MAY 6, 2025 TOWN COUNCIL REGULAR MEETING MINUTES Page 2 of 76 MAYOR FRIEDEL: Please rise for the Pledge of Allegiance, and remain standing, if you 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 FRIEDEL: And is Vicky Derksen here tonight? There she is. DERKSEN: Mayor, Council, and staff, as we gather in service to Fountain Hills this evening, we acknowledge our shared commitment to this remarkable community. Excuse me. We stand as stewards of a town known not just for its towering fountain, but for its dedication to small town character and exceptional quality of life. In all the deliberations tonight, may we embody our town's stated core values, which are, and I've abbreviated them for the sake of time, to be stewards of this unique enclave, to champion the diversity of experiences of our residents, to be economically sustainable, and to be civic-minded and friendly. Let tonight's decisions reflect the Town's mission statement, which includes providing superior public services, sustaining the public trust through open and responsive government, maintaining the stewardship of our financial and natural resources, and doing it through service, respect, and trust. As the fountain rises, so may we rise to meet the challenges and opportunities before us with the reasoned judgment and collaborative spirit that true public service demands. MAYOR FRIEDEL: Thank you. Town Clerk, can I have a roll call, please? BENDER: Mayor Friedel? MAYOR FRIEDEL: Present. BENDER: Vice Mayor Larrabee? LARRABEE: Present. BENDER: Councilmember Earle? EARLE: Present. BENDER: Councilmember Kalivianakis? KALIVIANAKIS: Here. TOWN OF FOUNTAIN HILLS MAY 6, 2025 TOWN COUNCIL REGULAR MEETING MINUTES Page 3 of 76 BENDER: Councilmember Watts? WATTS: Present. BENDER: Councilmember McMahon? MCMAHON: Here. BENDER: And Councilmember Skillicorn? SKILLICORN: Here. MAYOR FRIEDEL: And Town Clerk, would you please read the Statement of Participation? BENDER: Anyone wishing to address the Council regarding items listed on the agenda or under the Call to the Public should fill out a request to comment card located in the back of the council chambers and hand it to the Town Clerk prior to consideration of that item. Once the agenda item has started, late requests to speak cannot be accepted. When your name is called, please approach the podium, speak into the microphone, and state your name and if you are a resident for the public record. Please limit your comments to three minutes. It is the policy of the Mayor and the Council to not comment on items brought forth under the Call to the Public. However, staff may be directed to report back to the Council at a future date or to schedule items raised for a future agenda item. It is also requested that applause be kept to a minimum to avoid disruption of the meeting, to maintain quorum, and provide for an equal and uninterrupted presentation. Thank you. MAYOR FRIEDEL: Thank you. And now, we'll hear Reports by Mayor, Councilmembers, and Town Manager. Rachael? GOODWIN: Good evening, Mayor and Council. Thank you. I just had a couple of quick updates. I wanted to actually just give a few quick acknowledgements. We have two staff that are in the process of retiring. One actually had their last day last week. That was Nan Norton. She's been with us for 20 years here in our courts. So I wanted to wish a special thank you to her. And Gary Baker is going to be wrapping up service with us next week, so he will be retiring as well out of our -- he's over in our Public Works and TOWN OF FOUNTAIN HILLS MAY 6, 2025 TOWN COUNCIL REGULAR MEETING MINUTES Page 4 of 76 streets area. So he will be stepping down as well. So we want to wish them both a big farewell and thank you for all their time and service that they've been -- and been teammates with us here. The last thing is I wanted to recognize and thank our Fountain Hills Fire Department back there. If those of you -- you probably already know that we welcomed our newest resident in front of Town Hall at 3 a.m. the other morning, Wednesday morning. There was a -- parents did not make it to the hospital in time, so they pulled over and called 911, and our fire department showed up to help mom and beautiful baby girl to the hospital. Everybody's doing well and healthy, but it was quite a surprise, so -- but we appreciate their service and getting everybody to the hospital where they can get checked out and make sure everything was going okay. So thank you to them and all of the staff for what they do. Those are my updates today. MAYOR FRIEDEL: Thank you. Is the rumor true that they're going to name her Fountain? GOODWIN: I thought it was Gerry. I don't know what her name is, actually. We have asked a couple of times. I'm not sure if we've been able to find out. But I hope it's something like that. MAYOR FRIEDEL: Good. Thank you. Councilwoman Earle? EARLE: Thank you, Mayor. Good evening, Mayor, Councilmembers, staff, and Fountain Hills. For my Council report tonight, I've prepared a brief statement to address recent events transparently while respecting the confidentiality of Executive Session discussions. As a member of the Council, my duty is to oversee the responsible use of public funds. That's why I requested an Executive Session to review the performance and financial aspects of our contract with our law firm and share my findings. To clarify, the Mayor, the Town Council, as a collective body -- as a collective body, are responsible for hiring, firing, and conducting performance reviews of the Town Attorney, presiding judge -- MAYOR FRIEDEL: Councilwoman, can you please keep your comments to events and TOWN OF FOUNTAIN HILLS MAY 6, 2025 TOWN COUNCIL REGULAR MEETING MINUTES Page 5 of 76 happenings that you went to in the town? EARLE: Well, this was my event in the last two weeks. MAYOR FRIEDEL: I'm sorry. It's -- follow the agenda, please. EARLE: Are you -- are you refusing me to be able to say what I was going to finish saying? MAYOR FRIEDEL: I don't think this is the forum for it. EARLE: So are you refusing me to be able to say this? MAYOR FRIEDEL: Please follow the form. EARLE: My form would be sharing what my experience was the last two weeks. MAYOR FRIEDEL: Events that you went to on behalf of the Town, happenings in the town. EARLE: Well, I disagree. This is a happening in the town that I -- okay. I will end with -- can I end with something here, then? MAYOR FRIEDEL: Go ahead. EARLE: I want to say that I acknowledge our -- I look forward to and acknowledge the decision of the majority of our council to look for a new attorney, and I will work collaboratively during this time. Unfortunately, I was not allowed to share the rest of this, but I do want to commit to the residents that I pledge to remain steadfast in my commitment to honesty and transparency within the bounds of the law. Thank you. MAYOR FRIEDEL: Thank you. Councilwoman Kalivianakis? KALIVIANAKIS: Thank you, Mr. Mayor. Good evening, everybody, live, live streaming on YouTube. Welcome to our Fountain Hills Town Council meeting. Thank you for being here and being engaged in our community. A couple -- two councils ago, I mentioned that we needed help with our home-delivered meals programs, and there still are a few vacancies that we need. It was brought to my attention by Kim Wickland that we also need drivers for our Give a Lift Program. Give a Lift provides essential medical transportation to Fountain Hills residents that are physically disabled, and so contact Kim Wickland if you would like to participate. Her phone number is 480-816-5108. Volunteering, the greatest TOWN OF FOUNTAIN HILLS MAY 6, 2025 TOWN COUNCIL REGULAR MEETING MINUTES Page 6 of 76 recipient is you because of how good it makes you feel to help people in your community. I'd like to also honor Military Appreciation Month. It's observed through the entire month of May. We honor the service and sacrifices of current and former U.S. members of the Armed Forces and their families. Also, on April 29th was National Fentanyl Awareness Day. This is a day where major corporations, community groups, nonprofits, government agencies like us, schools, campuses take action to protect the lives of particularly young people that are dying. The -- when the Titanic went down because of the iceberg, we lost 1,500 souls. In the Vietnam War, we lost 58,000 men and women, and every year, 120,000 people die of fentanyl poisoning. This is a national disaster, a national crisis, and so I'd just like to bring awareness to that. Also, this past week, the Fountain Hills Economic Development Manager as well with the Chamber of Commerce have partnered for a Business Retention Program where we go out and we meet business owners and help them get a plan to make their business more successful. I'm on that rotation, and we've been meeting with businesses, and it's a great thing to help the businesses in our community, some which are struggling. Lastly, on Memorial Day, my band, the Desert Valley Winds band, is teaming up with Fountain Hills Community Band, and we're going to be playing Memorial Day at 2:45, patriotic, hymnal-type music. We'll have a speaker narrate on the significance of Memorial Day, and we will play Taps at 3 o'clock. So the public is all invited, if you'd like to come join us, celebrate our fallen soldiers. Thank you, Mr. Mayor. MAYOR FRIEDEL: Thank you. Councilman Watts? WATTS: Quiet week. Nothing to report. MAYOR FRIEDEL: Thank you. Councilman Skillicorn? SKILLICORN: Since it sounds like reports aren't allowed, I will not give a report. MAYOR FRIEDEL: Thank you. Councilwoman McMahon? TOWN OF FOUNTAIN HILLS MAY 6, 2025 TOWN COUNCIL REGULAR MEETING MINUTES Page 7 of 76 MCMAHON: Thank you. I also attended a business retention meeting with our Economic Director, Amanda, at Graze Craze on the Avenue, and she is so delighted with our community and our town. She is so happy that's she's doing business here and serving so many people and that they enjoy the food she serves, that she just is -- feels very, very successful. So on her behalf, thank you to all who participate in her business. Thank you. MAYOR FRIEDEL: Vice Mayor? LARRABEE: No report. MAYOR FRIEDEL: Thank you. So recently, we -- our crisis communication team met and went over our outline for communication if there's a crisis in this town. I also attended the MAG's -- MAG mayors' meeting. We went to a couple of ribbon cuttings here in town, Chill Boutique and Construction Services, who are both good, valued businesses in town. I participated in the Legion's Silver Rose ceremony, which is a recognition for veterans who have passed away due to Agent Orange cancer. We had a new restaurant in town that had a soft opening called Bliss. It's where Sipps used to be. A nice little restaurant in there, and they're open for breakfast and lunch. So if you can get down there, they would appreciate it. We had an Economic Development advisory committee meeting, which was successful, and we're outlining some things that we're going to be examining and doing. I attended the River of Time Museum. They have a new exhibit there on music and people who have visited the Town of Fountain Hills. So it's pretty interesting. You can actually go in there and push a button and hear some of the music that was played during their visits here over the history of the town. And it was actually an open house for the -- for the museum as well. There's a new director there, and she's got quite a vision for this town going forward, so we need to support them. And the next Coffee with the Mayor is scheduled for May 13th down at Fountain View Coffee down near the fountain. And that's it for the reports. So now, we'll move on to Recognition, and I've got a recognition here that I'm going to read from one of our Planning & Zoning commissioners, who's stepping down. And this TOWN OF FOUNTAIN HILLS MAY 6, 2025 TOWN COUNCIL REGULAR MEETING MINUTES Page 8 of 76 is for Patrick Dapaah, and I think he's in the audience. So I'll have a certificate to give you when I get done, and maybe you might want to say a couple words about your experience, Patrick. But thank you for your dedicated service as a Planning & Zoning commissioner. Your time, expertise, and commitment to our community were truly valued. The work of the Planning & Zoning Commission plays a critical role in shaping the future of Fountain Hills. During your three years on the Commission, you helped provide recommendations to the Council on updates to zoning ordinance for treatment facilities, parking signs, wireless communications, home occupations, zoning procedures, and more. You've also reviewed and provided recommendations on numerous development applications for rezonings and special use permits. Your contributions help ensure the reasonable development, preserve our community's character, and enhance the quality of life for all of our residents. So we truly appreciate your thoughtful consideration on these complex issues and your ability to balance diverse perspectives and your willingness to engage in open and constructive dialogue. So with that, we want to say thank you, and if you'll step forward, I can present this to you. DAPAAH: Well, thank you, Mayor and Councilmembers. The truth of the matter is this is really my pleasure, okay, being with the commissioners, supported by John, Farhad, and Paula (ph.). Okay. These individuals were very passionate about what they do. They would bring their minds together aside from all the emotions and the politics and make recommendations to the Council based on land use, and really, I really enjoyed it. It was -- it was a pleasure for me. Like I told John, I had to step aside to refocus my attention on the family, to build and strengthen them, and so I haven't given up on serving the town. I will continue to volunteer by another means. But thank you. MAYOR FRIEDEL: Thank you. We have a proclamation. This is Municipal Clerks Week, so we're recognizing our clerk and all clerks. Whereas, the Office of Professional Municipal Clerk, a time-honored and vital part of TOWN OF FOUNTAIN HILLS MAY 6, 2025 TOWN COUNCIL REGULAR MEETING MINUTES Page 9 of 76 our local government exits throughout -- exists throughout the world; and whereas, the Office of Professional Municipal Clerk is the oldest among public servants -- I didn't know that -- and whereas, the Office of Professional Municipal Clerks provide a professional link between the citizens, the local government bodies, and agencies of the government at other levels; and whereas, Professional Municipal Clerks have pledged to be ever mindful of their neutrality and impartiality, rendering equal service to all; whereas, the Professional Municipal Clerk serves as the information center on functions of local government and community; whereas, Professional Municipal Clerks continually strive to improve the administration of the affairs of the Office of Professional Municipal Clerk through participation and educational programs, seminars, workshops, and the annual meetings of their state, provincial, and county, and international professional organizations; whereas, it is most appropriate that we recognize the accomplishments of the Office of Professional Municipal Clerk. Now, it be resolved that I, Mayor Gerry Friedel, along with the Council, on behalf of the Town of Fountain Hills, do recognize the week of May 4th through May 10th, 2025 as Professional Municipal Clerks Week. Thank you very much. And now, we'll move on to our presentation. Rachael? GOODWIN: Thank you, Mayor. I'm going to ask our Public Works Director and our Community Services Director to step up. We're going to be doing an update on the current year, so FY '25, CIP update. So essentially, where we're at with each of the projects, if they're complete or if they are intended to be complete, where we are budget-wise just to kind of give a big overview of where we're coming in at the end of the year. SNIPES: All right. Good evening, Mayor and Council. I'll be leading off tonight and going through the capital projects for the Community Services Department, and then Justin will come in and share the Public Works side of things. So we'll start off with our Golden Eagle playground project. It did come in a little bit over budget, but not a lot over budget. This is a -- we do have -- $50,000 of this is in carryover, and that's included in this total amount just in case they don't get it done by TOWN OF FOUNTAIN HILLS MAY 6, 2025 TOWN COUNCIL REGULAR MEETING MINUTES Page 10 of 76 the end of the fiscal year. We have -- so you'll see that in the budget for next year, the 50,000. If we don't have to carry it over, we'll pay it in this year, and then that money will go back into the pot. But all of this has been ordered now, and we're anxious to get it put in. This is -- it's going to really tie in all the other pieces that are already at Golden Eagle and will definitely be a draw for a lot of our kids that are out there at one of our most heavily used parks. This is our Avenue Linear Park multiyear project. The shade structure will be beginning to be installed in the next two to three weeks. It is -- it's fun when you're working on a project that even the engineers are excited about, and coming up with a design to build this was not an easy task for them, and they were even excited about how they were able to get it completed and to fit over this entire area to provide shade so you can have a shaded spot to sit with -- at the picnic tables that are out there currently. It is going to be a great site. And I know that it's something that our TAMA group was really excited about as well for the businesses to have some more shade on the avenue where people can come and spend more time and in return, hopefully, purchase some more things from our businesses. We also have started on the event receptacles. That project's under way right now as well as our root barrier that's going in on the Avenue to help protect our pavers from the invasive roots of the sissoo trees that are out there that are constantly lifting them, and so that's going on right now as well. So we have a lot of projects that are going on on the Avenue between now and the end of June. It's going to be a busy, busy place. And this project right now, we're under budget for the year. And just to explain, also, all the expended money doesn't mean that we've already spent it. It's money that we have earmarked to be paid for things that are going on currently. WATTS: Kevin, what's the little black box? SNIPES: That's the new event receptacle. So out there, you know how we have the little itty-bitty rectangles that are galvanized metal right now, and then we plug the spider boxes into, and then we have the cord that wraps around it, and then the chain that locks it up to it? This is going to replace all of that. TOWN OF FOUNTAIN HILLS MAY 6, 2025 TOWN COUNCIL REGULAR MEETING MINUTES Page 11 of 76 WATTS: Is that what pigtail is that's coming out of it? SNIPES: Yes. That -- you'll have -- you'll have little cords coming out instead of a giant -- you know, so anywhere that we have -- like, the Christmas lights will all plug into this. That will face away from the sidewalk so that it'll be designed to go out towards the street for the fairs and all the events that use them as well as all of our tree lighting. WATTS: Cleaner than those little yellow things? SNIPES: So much. And safer. WATTS: Thank you. SNIPES: The trip hazard alone scared me to death every year. That's why you saw the horrible yellow cone sitting on top of the horrible yellow spider box. So we're cleaning it up. This next one, the budget got hit a little bit on this one to push it over because we did the price quoting on this last October when we were -- a year ago October when we were doing the budget, and the price of everything skyrocketed in the middle, and so this project's a little bit over. It came out fantastic. It's been being used now for quite some time and has gotten a lot of -- a lot of appreciation from our pickleballers that are over at Four Peaks Park and our leagues and tournaments and everything else that's being played over there. Panorama Park, we just did a substantial completion walkthrough on it. There's a few things that they still need to fix before it'll be completely done, but we did come in substantially under budget on this one. And I think it looks great. Got lots of plants out there. We do plant smaller to let them grow bigger and stronger, and it saves us a lot of money, and in time, you get it all back really quick. When it comes to planting smaller plants versus bigger plants, the smaller ones always catch them. It's just the nature of how you plant. This one's a little more complicated. This one -- we are in the design phase of Pleasantville Park. We're working on -- I'll be meeting with them next week for our first meeting. And we ended up moving some money around from this project this year so that we could do some more street paving. And so we're only doing design this year TOWN OF FOUNTAIN HILLS MAY 6, 2025 TOWN COUNCIL REGULAR MEETING MINUTES Page 12 of 76 when we were planning on doing design and build, so this one you will see again on the budget next year so that we can bring it to fruition. Down at Fountain Park, we had a carryover from last year to this year of $50,000. We ended up spending 10,000 of that, so we did put 39,000 back into the capital budget from that project. The Community Center. We're moving along on this one. The divider walls, we ended up coming in at $332,873 on getting those installed. Those have been ordered and are scheduled for installation the last two weeks of June. The ceiling fans have also been ordered. And the motorized blinds, we're currently finishing up a contract with that to get those installed as well. All of that is on pace to be done by the end of June. We just met today with our lighting people and have come up with a plan. It's going to be really tight coming into the end of the year. We're going to get a quote by the end of the week from them. So this one is going to be really tight and may need to carry over into next year a little bit so that we can get those lights installed as well. With that -- WATTS: Kevin, those lights are all -- I mean those items are all installed, labor included? SNIPES: Correct. WATTS: And I think, if I recall correctly, we had a $50,000 budget on the lighting, so even if we took that, you're looking at about a 70-some-thousand-dollar under budget? SNIPES: Yes. WATTS: Okay. Thanks. SNIPES: Yeah. With that, I'll take any questions on our Community Services side of capital improvement. All right. Thank you all very much. It's all yours. WELDY: Mr. Mayor, Madam Vice Mayor. First, thank you for the opportunity. I would like to take just a moment to remind everyone in front of me and behind me and on the screens that the process for capital project planning and budgeting oftentimes is 12, 14, to 18 months prior to the beginning of the year. Most of you on the dais are aware of that. We are really doing our best to estimate the cost of not only community services, but Public Works. The numbers that you are seeing tonight are based on accurate TOWN OF FOUNTAIN HILLS MAY 6, 2025 TOWN COUNCIL REGULAR MEETING MINUTES Page 13 of 76 information that we had two weeks ago. Keep in mind that we're not through with the year, and several of these projects are not over yet. The first one is a good example that's been going on for about three decades. This one right here was deferred to next year as a result of some geotechnical challenges that we faced. Those geotechnical challenges have been addressed. We anticipate the 100 percent plans very shortly. I'm glad that you're all sitting down. The estimated engineer's cost for this at the 60 -- between 60 and 90 percent in 2022 was about $3 million. Their current one is about 6.2 million. As a reminder, the Town's portion of that is 30 percent, or about 1.6. The reason we're bringing this up and we're discussing this now is because of expenditure limitations mandated by the State, it is likely that we will have to split this project between two fiscal years. What that means is we will be going to bid later on this fall, in the wintertime most likely, possibly in the spring, get all of that process over and a notice of award from the Mayor and Council with the understanding that we would start prior to June 30th and finish after June 30th. What that allows is for the Town to expend that funding, because this is a reimbursement, we have to spend it and then get refunded, but it has less of an impact on the expenditure limits should those additional funds be needed for other things. Again, two years ago, plus or minus, it was $3 million. Right now, it's 6.2 million. It's also important to note that most recently, similar projects to this in the last 18 months, plus or minus, some of them have been over 100 percent over the engineer's estimate. There's a number of factors that are contributing to that. As a reminder, also, we will not know the true number of what it's going to cost until we open the bids, and we, obviously, will share that information with you as we move forward. That was a lot of information on the first little project here. Are there any questions related to this? We'll move on. Congratulations to the Town of Fountain Hills. We were very successful with support of the Manager and the Council in securing $4 million in bond money. The end result of that is 4,000 additional linear feet of sidewalk that the Town did have an investment in, TOWN OF FOUNTAIN HILLS MAY 6, 2025 TOWN COUNCIL REGULAR MEETING MINUTES Page 14 of 76 but for this year, it looks like there's going to be about $12,000 left. Again, we're not quite finished with the paper process, but the project is over. This is another good example of good leadership from the Town Manager and Council. There has been a multiyear project to eliminate sidewalk gaps. Earlier this year, we did the area around the Desert Vista Dog Park and/or Desert Vista Park along Tioga. We also completed a section in Eagle Mountain, and it's important to note that the Eagle Mountain Homeowners' Association contributed to that fund as well. And lastly, the part that we're going to do later this year, and we're going to talk about some year leaping here, we are going to install a sidewalk on La Montana fronting Bashas'. So that's basically from the driveway leading to the hardware store up to Palisades. The reason we're doing it in two years is because we do not have enough funds in this year's balance to do so, and it would deplete next year's balance, and it would leave us with very little options for some other small infill sections. This is also a multiyear. In this particular instance, in the location selected, which is McDowell Mountain Road just north of the grade school, we are going to get our portion of that guardrail done before the Maricopa County Department of Transportation undertakes a rehabilitation project that starts at milepost 2 and goes all the way to Forest Road. That is going to be a very long project, and given the narrow challenges that they face, there will be delays. We will share information from the County with the Council as that project gets closer. Again, I'm moving pretty quickly and talking a lot. Any questions so far? KALIVIANAKIS: Yeah, I've got one, Gerry. MAYOR FRIEDEL: Councilwoman? KALIVIANAKIS: Thank you. Yeah, with the guardrail replacement, are we replacing damaged sections of guardrails, ones that have been possibly hit by cars that weren't insured, or are we replacing what seems to be in this picture, a perfectly functioning guardrail? WELDY: Mr. Mayor, Councilmember, so this is a stock photo that's not even in the Town of Fountain Hills. The area that we're discussing, the timbers have deteriorated and in -- TOWN OF FOUNTAIN HILLS MAY 6, 2025 TOWN COUNCIL REGULAR MEETING MINUTES Page 15 of 76 are in poor condition. And also, when the County redoes their portion, which overlaps us, the Town's guardrail would be approximately four inches lower, and a transition section would be in that area. So it's a combination of compliance and outdated and/or damaged. KALIVIANAKIS: So the timbers are rotting. Is that what you're saying? WELDY: That is correct. KALIVIANAKIS: Okay. Thank you. WELDY: You're welcome. This is a project that was pretty important to a lot of people; not just the Town Manager and Mayor and Council, but the people that traverse the downtown area and other sections of town. While these photos -- and I appreciate our drone pilots. This was taken while they were sealing Saguaro between Colony and Fountain Hills Boulevard. In the very near future, in the coming weeks, all of these midblock crossings will be striped. Obviously, the signage is already there, but it'll be a badly needed improvement to the downtown area and a couple of other sections. It's also important to note as part of that, and these photos will demonstrate that, the Town Manager recently -- after a discussion related to marked crossings and the inconsistencies in them brought to my attention by a few folks that were grabbing a cup of coffee in town made us realize that we needed to be more consistent with marked crosswalks. And you may have noticed lately that we've made improvements to several locations on the Avenue, Parkview, Verde River, Palisades. The areas where we have curb ramps and/or stop signs that will allow people to cross, we are now simply enhancing that with our adopted crosswalk details. Any questions on this one? Awfully quiet. This is another multiyear project. We looked at several projects prior to this year starting, and we had a couple of priorities that were damaged as a result of some storms and some trespass by what we'll call our contractors needing to dispose of material. The priorities, unfortunately, have changed. Most recently, while visiting a location where a homeowner described the condition of his neighbor's property along Ashbrook TOWN OF FOUNTAIN HILLS MAY 6, 2025 TOWN COUNCIL REGULAR MEETING MINUTES Page 16 of 76 Wash, we discovered that at some point in time in the past, a considerable amount of construction debris was dumped in the wash and on the Town's property. This is a tributary and/or a street that drains water into Ashbrook Wash. That has become our new priority. The Town Engineer has put together a scope to get that material out of there and get the work done prior to the rainy season, which I'm not sure if we just passed one or we're coming into one based on the conditions outside. But this is another good example of the challenges that we face here. And the Mayor and several other Councilmembers have entered some of these washes and some of these tributaries and are witness to the stuff that we are witnessing. This is a second phase to a project that we didn't even know existed until we were doing the first one down in the Courtside Villas. In this particular case, this project is out to bid. We are going to be opening the bids very, very shortly, and depending on the threshold amount, we may be coming back to the Council. If it's below the budget, it's a green light project, and we will proceed. It's also important to note that we have applied for a grant to pay for 75 percent of this project through the Flood Control District. We've not yet been notified, but past applications give us a good feeling that we'll be approved. Either way, we have the necessary budget, and the project will be completed. This is a longtime ongoing project that was started, stopped, delayed and/or deferred. For anybody that's had an opportunity to traverse Shea recently, you'll see that some of these signs are being installed as we speak. We anticipate, based on the progress to date, that this project will be on budget and completed before June 30th. Lots of talking. Anybody have any questions? I intentionally use this photo, and I have another actual film that I send in occasionally that shows the damage that happens at Golden Eagle Park as a result of poor design for the drainage areas and storm events that are becoming increasingly unpredictable. This project right here currently has funding to pay for the work that we were aware of and was included in the bid tab. I will be returning to this Council in the future -- very near future to ask for additional funding. TOWN OF FOUNTAIN HILLS MAY 6, 2025 TOWN COUNCIL REGULAR MEETING MINUTES Page 17 of 76 It has become increasingly clear that the owner's allowance granted to this project by the Mayor and Council in the amount of $200,000 is simply not going to be enough. I'm not going to give you any estimates for what we believe that will be because that's the only number that folks will remember, but I will tell you that we have experienced some challenges on this project that we would have never imagined, including but not limited to electrical lines outdated, antiquated; noncompliant, regardless of what year they were installed, water lines; and shallow utilities; and just a host of other issues related to elevations and concrete. We have been out and visited the site. We have a series of requests for information. The management company along with the team, which the majority of are sitting in this room right now, Kevin and the Town Engineer, David Janover, we review each and every change order thoroughly. We vet it. It's taken a considerable amount of time, but the first six out of 11 were approved last week. Again, we have adequate funding right now to continue moving forward and pay the bills, but prior to the end of this session -- this Council session in June, we will be returning and asking for additional funding. MAYOR FRIEDEL: Question. Go ahead, Council -- WATTS: When you talk about utilities that are either not code compliant with current codes and whether they're NEC-type codes or they're not buried deep enough or so on, you're talking about those -- presumably, you're talking about those utilities that are on our side of a demarcation point for the utilities, and so we have responsibility as opposed to the utilities; is that correct? WELDY: Mr. Mayor, Councilmember Watts, that is correct. I'm referencing the customer side of the utilities and primarily, the two-inch and above waterlines that provide potable water. We'll be discussing more of that later on as we get into some other capital projects related to piping and irrigation townwide, but the primary issue with that. There is also some money spent out of this project that did not go to that contractor where we secured the services of specialty contractors that would come out and help us locate our utilities after they were dug into because we were unaware of their presence. TOWN OF FOUNTAIN HILLS MAY 6, 2025 TOWN COUNCIL REGULAR MEETING MINUTES Page 18 of 76 WATTS: Is that called Blue Stake? WELDY: Well, the 811 center only marks the facilities that are owned by facility owners, electric, gas, water, those types of things, and they only mark up to the meter or the POD, point of delivery, or POS, point of sale. For this particular -- it's after the point of delivery or point of sale, so all of this stuff is the Town's, from their controllers to their buildings, from the controllers or the service entrance section to the pole foundations, drinking fountains, other facilities within the park, so privately owned by the Town. WATTS: So you're the outsource -- the underground utility locators through a third party? WELDY: Correct. WATTS: Okay. WELDY: We have a contract just for that. WATTS: Is there any damage to any of the utility suppliers themselves where -- as it comes onto the property that -- where it becomes our responsibility? Anything outside our immediate area that we have to be aware of? WELDY: To date, I'm not aware of any of the public utilities being damaged. WATTS: Thank you. WELDY: You're welcome. MAYOR FRIEDEL: Justin, that project's still on target, right, to be done by the end of the year? WELDY: Mr. Mayor, the schedule currently has it on June 27th. And for those who have not had an opportunity to visit the site, you can see the majority of it safely from one of the three parking lots, or if you're adventurous, walk up onto the dam. It's an excellent view. There was some discussion earlier tonight from Kevin regarding the Community Center. This is the portion related to the assessment and the update that was provided to the Mayor and Council just a few short weeks back. As a reminder, there was $500,000 budgeted. Of that, the assessment was 90,900. That included the destructive roof investigations that was presented in the presentation. The monies outside of that were TOWN OF FOUNTAIN HILLS MAY 6, 2025 TOWN COUNCIL REGULAR MEETING MINUTES Page 19 of 76 explained earlier tonight regarding the fans and the lighting and stuff like that. WATTS: But you don't have any funds in there at this point for -- obviously, the chiller is not in there, and the roofing repairs where it's delaminating most likely are not, and any additional water diversion or weathering on the windows, there's -- that's not included? WELDY: Mr. Mayor, Councilmember Watts, so that is in next year, and an agreement will be forthcoming for the design of the roofs, and the chiller is actually on the next slide. Separate project. WATTS: It's just hard to keep track of what year you're putting money into, so my apologies. WELDY: So this is -- that's okay. And I understand it. This is an update for this year, but next year is when we're going to begin the design on the roof replacements for all three buildings. Or repair. Whichever is called for. These are the estimates for the chiller. And you'll recall that there was a considerable amount of discussion from the Council related to this. As you can see, we were able to save a little bit of money. There were -- it was considerably higher in the estimates, but as the work was completed, then the -- then the numbers came in lower. I think it's important to know that, not related to this project but the chiller operations, we've asked the Town Manager for some funding to make some changes to the controllers over there. So they're simply not compatible with some of the newer equipment. But that budget will come from our operating budget. WATTS: Are you talking about -- when you say changes to the -- to the -- is it changes to the programming, the hours of operation? What type of changes are you talking about? WELDY: That's a little bit beyond my technical expertise, and unfortunately, Facilities is not right -- here right now, but from what I understand, all of that stuff has already been accomplished. There are some pressure monitoring devices that need to be updated. WATTS: So it could be just a communication issue between the existing devices and the new monitoring system? WELDY: That's possible. WATTS: Okay. TOWN OF FOUNTAIN HILLS MAY 6, 2025 TOWN COUNCIL REGULAR MEETING MINUTES Page 20 of 76 WELDY: Not my -- I don't want to start fishing. I'm just not for certain. WATTS: And who ended up with the -- with the old chiller and the old refrigerant? Did the installing contractor reclaim that, recover it? WELDY: No. The refrigerant and the old chiller is the property of the Town. WATTS: Got you. So we're looking for a third party to buy that, then? WELDY: Well, we -- it's a little bit difficult. We can put it up for bid or send it out to auction, and given its weight, we're weighing our options on that. WATTS: Thank you. WELDY: You're welcome. That was awfully quick. Just a few questions. Any others before we go? Once again, thank you for the opportunity. MAYOR FRIEDEL: Thank you. We'll move on to the Call to the Public. Town Clerk, are there any speaker cards? BENDER: Yes, Mayor. We have eight cards. We'll start with Beth Culp followed by Liz Gildersleeve. CULP: Good evening, Mayor, Councilmembers. My name is Beth Culp. I am a resident of Fountain Hills. I have here before me Fountain Hills' Fodor Guide. This was published by Mayor Friedel when he was running for mayor, and in contrasting himself to Mayor Dickey, he says, advocates for open Town Meetings, and then as to Mayor Dickey, he says, prefers closed-door meetings, which I thought was an unusual turn of phrase. But in any event, based on what has been happening this year, particularly the last five weeks, it seems like our Mayor has developed a preference for closed-door meetings. Five weeks, four Executive Session meetings. One of those Executive Session meetings involved the discussion of Council decorum, and it's beyond me to imagine how that topic could justify a closed-door meeting. Before the meeting today, there was another lengthy -- at least it was scheduled to be lengthy -- closed-door meeting, and it's my understanding that one of the topics involved the fallout from the resignation of our longstanding, much-admired Town Attorney. 18 years Aaron Arnson served as our Town Attorney. And by the way, he TOWN OF FOUNTAIN HILLS MAY 6, 2025 TOWN COUNCIL REGULAR MEETING MINUTES Page 21 of 76 was -- his firm was retained when Mayor Kavanagh, not Mayor Dickey, was the mayor. We are entitled -- just as I remember Councilmember Watts and Councilmember Earle took the position that the Campanelli should -- report should be released, we are entitled to know what our Town Attorney was referring to when he submitted his letter of resignation and he referenced accusations made by Councilmember Earle that his firm had engaged in fraudulent billing. That's a very serious accusation to level against a very well-respected firm. And we've been told that the councilmember conducted an audit. We're entitled to see those audit papers. You made a pledge of transparency. You said you opposed closed meetings. We ask -- no, we demand that you release the audit and that we move forward. Thank you. MAYOR FRIEDEL: Councilwoman Earle, would you -- Councilwoman Earle, would you like to respond? EARLE: I tried to explain earlier, and I wasn't allowed to. MAYOR FRIEDEL: You have your chance, if you so desire. EARLE: May I read -- MAYOR FRIEDEL: Sure. EARLE: Thank you. MAYOR FRIEDEL: And I'll make one correction, too. Aaron was actually the Town's attorney, I believe, for six years. Is that right, Town Manager? GOODWIN: Since 2018. MAYOR FRIEDEL: Since 2018. Not 18 years. CULP: The firm -- GOODWIN: Since 2018. CULP: The firm resigned. EARLE: Thank you. I'll begin from the beginning. For my Council report tonight, I prepared a brief statement to address recent events transparently while respecting the confidentiality of Executive Session discussions. As a member of the Council, my duty is to oversee the responsible use of public funds. That's why I requested an Executive TOWN OF FOUNTAIN HILLS MAY 6, 2025 TOWN COUNCIL REGULAR MEETING MINUTES Page 22 of 76 Session, to review the performance and financial aspects of our contract with our law firm and share my findings. To clarify, the Mayor and Town Council, as a collective body, are responsible for hiring, firing, and conducting performance reviews of the Town Attorney, presiding judge, town prosecutor, and Town Manager while the Town Manager oversees all other Town staff. I've had a lot of questions the last two weeks. That's why I'm making these statements. My request for this review was within our Council's authority and aligns with our obligation to ensure accountability of how taxpayer dollars are spent. Following the session, the attorney chose to terminate their service with a 15-day notice. Subsequently, the attorney publicly mischaracterized my actions in statements reported in the Fountain Hills Independent alleging I was sharing false information from a self-initiated personal audit and described my efforts as a witch hunt. Let me be clear. These claims are inaccurate and unfairly undermine the oversight rule we, as councilmembers, are entrusted to uphold. My actions were rooted in responsibility, not overreach. A few days later, the Council majority chose to retain the law firm for a 60-day transition period to ensure continuity. I acknowledge their decision, and I'm committed to working collaboratively during this time. I'm optimistic we will secure exceptional, principled legal professionals who will serve Fountain Hills with integrity and accountability. To our residents, I pledge to remain steadfast in my commitment to honesty and transparency within the bounds of the law. And if anybody wants me to release what I found, I have no problem, but that was in Executive Session, so -- MAYOR FRIEDEL: Town Clerk, next speaker, please. BENDER: Liz Gildersleeve followed by Chris Clemens. GILDERSLEEVE: Good evening. Liz Gildersleeve, Fountain Hills resident, registered voter, and concerned taxpayer. I'd actually like to thank Councilwoman Gayle Earle tonight for having the courage to challenge the Pierce Coleman vendor contract. Given Mr. Arnson's unprofessional reaction to the Councilwoman Earle's findings, I'd say she TOWN OF FOUNTAIN HILLS MAY 6, 2025 TOWN COUNCIL REGULAR MEETING MINUTES Page 23 of 76 was right on track to question whatever she reviewed because instead of showing up to the last Town Council meeting, after your Executive Session, Mr. Arnson chose, instead, to abandon you all at the last meeting, but he did find time to pen a written temper tantrum for the local newspaper that evening attacking Councilwoman Earle for having the audacity to ask questions. That's unacceptable. I believe that moving forward to find another law firm is the right call. It also highlights the fact that vendor contracts in this town need a more regular and rigorous review. Otherwise, everybody falls into a false sense of complacency, and that is never good for taxpayers. So thank you again, Councilwoman Earle, for your efforts and for truly looking out for the residents of Fountain Hills. BENDER: Chris Clemens followed by Renee Yarian. CLEMENS: Hi. Chris Clemens, and I'm a resident of Fountain Hills. When we moved to Fountain Hills 17 years ago, I decided to attend Town Council meetings as a way to be introduced to our town and the people who reside here. The meetings were interesting and informative, and I met some great people. Beginning in 2022, I noticed a big shift. Some of the new councilmembers' goal appeared to be a desire to cause disruption and discord. I wondered why. It has continued. For example, the signs making false claims against Brenda, a fellow councilmember, that were displayed along Shea and the Beeline. I found these very upsetting. These signs should bother our Mayor and our present Councilmembers and should have been addressed. By not speaking out, you are demonstrating a lack of courage and a sense of decency. I have met and spoken to our mayor at other social events in town, and I find him to be a pleasant person, and in many aspects, he is doing a great job and has a wonderful rapport with the businesses in town. However, he needs to remember that he was elected to be nonpartisan and show qualities of leadership, such as honesty and integrity. And you know what? I know he will. Thank you. BENDER: Renee Yarian followed by Ed Stizza. YARIAN: Good evening, Mayor, Council. My name is Renee Yarian, and I'm a long-term TOWN OF FOUNTAIN HILLS MAY 6, 2025 TOWN COUNCIL REGULAR MEETING MINUTES Page 24 of 76 Fountain Hills resident. I'm also addressing the resignation of Aaron Arnson, who resigned on April 16th, effective May 1st. And our local paper, the Times Independent, did receive a copy of that letter for a documents request and said Councilmember Earle has been sharing false information from her self-initiated personal audit of my law firm, Pierce Coleman, specifically learned that she accused the firm of overbilling the Town of Fountain Hills by hundreds of thousands of dollars. She and two other councilmembers also speculated, without evidence, that there was some unidentified improper conduct of the firm's billing practices. Arnson called that action a witch hunt with little or nothing to do with money. Councilmember Earle's true intent is clear. Quote, "She is using a disingenuous and unsophisticated audit of the firm as a cover to appoint a favored ally as the Town Attorney." Arnson said the Town and Pierce Coleman agreed on an annual flat fee in 2019. That is exactly what the Town was charged. The contract has not been amended since then. He went on to write that other than one litigation matter for which the Town separately retained us in 2024, the firm has not charged the Town one cent of extra expense in nearly six years. So now, a long-term relationship was destroyed, and we lost high-end legal services from the -- among the highest-ranked law firms in the state along with a very cost-effective rate. On whose authority was that audit conducted, and what did the audit consist of? I'd like to see those documents. How does that benefit Fountain Hills? How does that qualify as ethical behavior? Once again, being baselessly accused of overbilling or unethical billing practices, especially under false pretenses, that's totally unethical. It is flat out wrong to slander our legal representative. No wonder Arnson did not attend the meeting following where the ethics code was totally gutted and the citizens' rights to file a complaint was totally eliminated. Where are the so-called audit documents? Those documents need to be made public. This unethical behavior has a monetary cost to Fountain Hills. We will have to pay more TOWN OF FOUNTAIN HILLS MAY 6, 2025 TOWN COUNCIL REGULAR MEETING MINUTES Page 25 of 76 for legal services and may not get the quality representation that we deserve. Why would any legal firm, if they do just a little bit of homework, even want to work with a town who operates with such ethics and makes slanderous accusations of overbilling? It has been noted that the audit was to provide cover to appoint a favored Town ally for our attorney. It'll be interesting to see if that happens. Show us the audit documents. BENDER: Ed Stizza followed by Pam Capp. STIZZA: Good evening, Mayor, Town Council, staff, and the public. I'm here to speak about a couple things. One of them is I'm not going to touch too deeply into the mess of the whole legal representation of the Town, but I think there were some things that are missed. I mean, didn't Aaron Arnson have a fiduciary responsibility to be at that meeting that night? Nobody seems to talk about that. So anyway, one of the things I want to speak about is the shade structure. And I appreciate that Kevin finally put up a rendering of a side view of the shade structure that's supposed to be started -- as far as starting construction July 1st or at the end of June. I don't think the public, I've said this before, was completely notified, and certainly, they haven't had a chance to look at this. Unless I am completely wrong, that is the first side-view rendering that anybody in the public has seen, so -- and I'd love to be corrected on that. The only thing that was presented was a top view that all of you voted on within a package deal. This project was never separated and voted on individually. I do think there is some tremendous amount of concern with the public with the way this was done and presented. I do not feel that this is a structure that is going to enhance our downtown. And somebody please show me the exact economic numbers that this is going to create. You are going to scar our downtown once and for all forever, and this is a bad idea. I've said it publicly before. Bring this back out, take a pause on it. I know this was voted on, and Kevin purchased this tent before it was solidified. I want each and every one of you to tell the public -- this is your opportunity -- to tell the public that you actually voted on these designs that are now out in the open. I want to hear it TOWN OF FOUNTAIN HILLS MAY 6, 2025 TOWN COUNCIL REGULAR MEETING MINUTES Page 26 of 76 because I can't believe that anybody with any sort of sense of this type of scope would -- of project would actually approve this in our small downtown area. This thing's going to sit there 90 to 95 percent of the time empty. There is nobody, nobody that's not going to agree with the fact that this is going to block certain views, and I don't see the economic benefit. And that's why it's being put there. Yeah, we need some shade, but at this -- this thing is 100 feet by 60 feet. This is a large shade structure. And these poles, some of them -- I think there's four of them that actually butt right up against the curb, and I mean, isn't that somewhat of a hazard as far as people driving through town? Thank you. BENDER: Pam Capp followed by Crystal Cavanaugh and Mathew Corrigan. CAPP: Good evening. Pam Capp, nine-year resident. At last Council meeting's -- Council meeting, Vice Mayor Larrabee -- congratulations, by the way -- stated the omsbudsman (sic) will take ethics complaints from residents of Fountain Hills. I emailed the omsbudsman (sic) and asked. I found out they do not handle ethics complaints. They only handle public records act and open meetings act violations. I was surprised the two-year councilmember wouldn't know that. So I'm unsure if giving out that false information was a mistake or intentional. Also, as a resident, I have some questions. When Councilmember Earle made the allegations against our Town Attorney, Mr. Arnson, I expected to see some type of proof. Just saying bills being -- were being padded by hundreds of thousands of dollars without some actual facts seems on brand for a ROT councilmember. If you will remember, Councilmember Skillicorn, a proud ROT member, sued our town for violating his First Amendment right, yet the judge found that no -- SKILLICORN: Point of order. CAPP: -- factual evidence to support the -- SKILLICORN: Point of order. His name is Skillicorn, not Skillicorn (pronounced Skill-ee- corn.) Skillicorn, please. CAPP: Thank you so much for that. SKILLICORN: Please. Thank you. TOWN OF FOUNTAIN HILLS MAY 6, 2025 TOWN COUNCIL REGULAR MEETING MINUTES Page 27 of 76 CAPP: Appreciate that. Yeah. That's very kind of you. So anyway, he sued our town for violating his First Amendment right, yet the judge found no factual evidence to support the complaint was presented. ROT sued our town as well regarding the Village of Four Peaks housing development. Their complaint was also thrown out. No factual evidence. Do you see the pattern? Now, Councilmember Earle alleges wrongdoing by Mr. Arnson's law firm, presents zero evidence to us, the residents, only vague allegations of overbilling and unethical behavior. If this overbilling of hundreds of thousands of dollars occurred before Councilmember Earle arrived on this council, why did Councilmembers Skillicorn, Friedel, and Toth approve it? Shouldn't they have caught any improprieties? Especially Friedel. He was a banker and has a degree in finance, after all. How could he miss overcharges of hundreds of thousands of dollars? At a recent Republican meeting, Councilmember Earle reported to them on what was called the deep dive into our town's attorney. Earle stated that she requested to review reports, but the attorney resigned instead. If she has no reports to review, how deep did she really dive? Or was this the usual revenge agenda? I will provide to this council a document titled Briefly Speaking Monday Morning. This resident is a top member of ROT, and this is sent via email to Republican club members. On page 2 of this document, it has a list of employees that have been -- have resigned or in some residents' opinions, were forced out. That document states, and I quote, "The citizens' house is getting cleaned," unquote. Was this preplanned? Sure looks like it. The document also states that Mayor Friedel's goal was to replace longstanding staff who effectively were operating as the Mayor's political force. Mr. Arnson was on a hit list. MAYOR FRIEDEL: Time. Thank you. CAVANAUGH: Good evening. Crystal Cavanaugh. As I drove into the parking lot tonight, I, once again, saw the anti-ROT license plate on the car associated with a councilmember. On social media and with our miniature self-labeled nonpartisan newspaper, there are plenty of rantings and accusations about ROT this and ROT that TOWN OF FOUNTAIN HILLS MAY 6, 2025 TOWN COUNCIL REGULAR MEETING MINUTES Page 28 of 76 which often include my name specifically by a select group that continues to attribute all things they disagree with as being the work of ROT regardless of facts. Select individuals continue to sling the term ROT around in an attempt to insult or diminish some of you on this dais. The ROT candidate. The ROT council. The ROT-ten ticket. I think we just heard it a few minutes ago. As stated many times, ROT, or more accurately, reclaim our town, is simply a political action committee that embraces a conservative philosophy, fiscal responsibility, and the goal of maintaining our beautiful town as the exceptional place where we all chose to live. Quite a popular viewpoint, actually, according to the majority of Fountain Hills voters. I hope this entire council stays true to your commitments and continues to work for the benefit of the people. Embrace the true spirit of ROT as the very reason that the people voted for you into these positions. ROT is in no way negative. When they call you the ROT council, just know that you are carrying out the goals of many. R, responsible representation for the people; O, oversight on spending and outcomes; T, transparency in the decision-making process. Working together for the people of Fountain Hills should be your top priority. This current team of councilmembers is completely capable of meeting goals with respectful discussion and the motivation to get it done. In contrast, when someone in the town allowed the newspaper to print the name of a sitting councilwoman, Gayle Earle, paired with the term such as false accusations with no expanded explanation, that was outrageous and inappropriate, in my opinion. And I'm very curious about some of the comments that have been made here at the microphone tonight, things that seem very specific. Is someone knowing what happened in that Executive Session? Standing up for one another, when warranted, can go a long way to building comradery in order to accomplish the objectives necessary for Fountain Hills. BENDER: Last speaker is Mathew Corrigan. CORRIGAN: Mr. Mayor, Mathew Corrigan, Fountain Hills. I had the privilege in 2023 -- beginning of 2023 of running for Town Council, and the honor was to be on the same TOWN OF FOUNTAIN HILLS MAY 6, 2025 TOWN COUNCIL REGULAR MEETING MINUTES Page 29 of 76 slate as Mayor Gerry Friedel, Rick Watts, and Gayle Earle. You learn a lot about people when you run on a political campaign with them, what they do publicly, what they do privately, how they react to situations. You learn things about character, honor, trust. You learn things about how they define and embellish certain things that are powerful, value-core elements of their character. So now, I want to talk about Gayle Earle. Running with Gayle was a pleasure because Gayle always was honest, upright, truthful. But the thing that was really significant about Gayle, she always asked questions. She was both a competitor and a cohort. She would ask questions that were deliberative, truth-seeking, and depth-serving, and I found that to be consistent throughout. She continues to do that on the council. The problem is that there are uninformed people -- they should be informed, but they refuse to be -- who just cast aspersions, make assumptions, and repeat what they hear from the mainstream media. We only have one source, Fountain Hills Times Independent, and they repeat these same accusations over and over again. These are public comments. They're letters to the editor. And that's fine. I love First Amendment free speech. I support that. But when it comes to character assassination, misinformed information to destroy character, that's where the line should stop. That's where it should end. I know Gayle, and I know many of the council people here and the Mayor. These are fine people. And when I see them excoriated and humiliated, whether in public or in private, it disturbs me. It reminds me of another councilmember who is sitting on the dais who simply asked a question like Gayle would ask. Gayle would always ask questions. Quite frankly, it would drive me nuts. But it was for a reason. Always for a reason she wanted to know. And we have Allen Skillicorn, who also asked a question, and for that -- he asked one question, and for that, he was excoriated. And they use -- they used civil justice, I would call it, to bring him a false accusation. Thank you. BENDER: That was all of the speakers. MAYOR FRIEDEL: Thank you. We'll move on to the Consent Agenda Items. KALIVIANAKIS: Motion to approve Consent Agenda. TOWN OF FOUNTAIN HILLS MAY 6, 2025 TOWN COUNCIL REGULAR MEETING MINUTES Page 30 of 76 MAYOR FRIEDEL: Second, anyone? LARRABEE: Second. MAYOR FRIEDEL: We have a motion and a second. Roll call, please. BENDER: Councilmember Watts? WATTS: Aye. BENDER: Councilmember McMahon? MCMAHON: Aye. BENDER: Councilmember Kalivianakis? KALIVIANAKIS: Aye. BENDER: Councilmember Earle? EARLE: Aye. BENDER: Councilmember Skillicorn? SKILLICORN: Aye. BENDER: Vice Mayor Larrabee? LARRABEE: Aye. BENDER: And Mayor Friedel? MAYOR FRIEDEL: Aye. BENDER: Mayor, seven-zero. MAYOR FRIEDEL: Thank you. We'll move on to our Regular Agenda. So I need -- I'm going to make a -- I need a motion to approve to reappoint a couple of Community Services Advisory Commission people. And we've got Ron Ruppert and Natalie Varela, who will serve a term from May 1st, 2025, to April 30th, 2028. Were there any comment cards on this? BENDER: No, Mayor. MAYOR FRIEDEL: No? Okay. Any discussion on this -- on these appointments? BENDER: Mayor, who seconded that motion? MAYOR FRIEDEL: Nobody seconded yet. I'm going to ask for the motion in a second. SKILLICORN: There hasn't been a motion? MAYOR FRIEDEL: There hasn't been a motion. TOWN OF FOUNTAIN HILLS MAY 6, 2025 TOWN COUNCIL REGULAR MEETING MINUTES Page 31 of 76 SKILLICORN: You made it. LARRABEE: You make the motion. MAYOR FRIEDEL: I made the -- I made the motion. I made the motion, so I need a second, please. LARRABEE: I'll second it. MAYOR FRIEDEL: Thank you. We have a motion and a second. Roll call, please. BENDER: Councilmember Earle? EARLE: Aye. BENDER: Councilmember Skillicorn? SKILLICORN: Yes. BENDER: Councilmember McMahon? MCMAHON: Aye. BENDER: Councilmember Kalivianakis? KALIVIANAKIS: Aye. BENDER: Councilmember Watts? WATTS: Mayor, these are reappointments? MAYOR FRIEDEL: Yes. WATTS: Aye. BENDER: Vice Mayor Larrabee? LARRABEE: Aye. BENDER: And Mayor Friedel? MAYOR FRIEDEL: Aye. BENDER: Mayor, seven-zero. MAYOR FRIEDEL: Thank you. And we'll move on to 9-B, which is Consideration and Possible Action, adopting Resolution 2025-16, to amend -- BENDER: Mayor, we have to do 9-A. MAYOR FRIEDEL: I'm sorry? BENDER: 9-A first. MAYOR FRIEDEL: B. TOWN OF FOUNTAIN HILLS MAY 6, 2025 TOWN COUNCIL REGULAR MEETING MINUTES Page 32 of 76 SKILLICORN: That was just approved. MAYOR FRIEDEL: We just did A. BENDER: Okay. MAYOR FRIEDEL: Anyway, to adopt a comprehensive fee schedule for the Court. Rachael? GOODWIN: Sure. I want to welcome Judge Melton and Joanna Elliott. They are not familiar faces out here with us, but they're here to give an update on the court fees. Did you need assistance down there? ELLIOTT: The PowerPoint's not here. I don't see it. (Indiscernible). GOODWIN: Hold that thought. Paul to the rescue. Bev, do you know if the PowerPoint got added to the packet? Okay. We'll go grab it. ELLIOTT: Yeah. It was added before. GOODWIN: No problem. SOLDINGER: Putting me on the spot here. My gosh. My -- GOODWIN: Paul, we like -- we know you like to be up before the microphone. SOLDINGER: (Indiscernible) says. ELLIOTT: This is your home away from home. SOLDINGER: Here we go. It would be in this -- ELLIOTT: Okay. GOODWIN: There we go. MELTON: Mayor, Council, good evening. I'm Judge Melton. What you have in front of you today is -- basically is a updated resolution where we're seeking to basically -- MAYOR FRIEDEL: Judge, pull that microphone -- there you go. MELTON: There we go. -- update some of the fees and costs that the court currently charges and add a few more. Most of these are consistent with the other jurisdictions within the valley and the state concerning what we're asking for for this resolution. What we have up here is basically what were -- the fees that were proposed currently and what the new ones are. You want to run that? TOWN OF FOUNTAIN HILLS MAY 6, 2025 TOWN COUNCIL REGULAR MEETING MINUTES Page 33 of 76 These are a comparison to what other courts currently charge for similar fees, to what we're asking for to be imposed. And the final one is basically some of the reasons why. Keep in mind that we, as a court, can only incur or charge fees and costs that both -- either the statute allows or this council allows. We can't just make up stuff as we go along. So any fees or costs that you okay that we can charge, we'll certainly do so. Keep in mind, the local fees that we're asking for here stays with the community versus being sent off to the state, so that's certainly a benefit to the Town. We're also asking, in this resolution, to basically allow a semi-annual review or annual review of these costs. That generally doesn't happen very often. Usually, we go a few years without doing anything, and then we come back in front of you with a resolution and say, we'd like to up these fees. What we're asking for in this is a basic modification to allow you to do that every year. And when we adopt the current cost schedule for the Town, these can be included in those. So it makes it easier to adjust them, if the Council deems it appropriate. So this is really what we're asking for at this point. We've put it together. Again, it's in line with a lot of other jurisdictions. Are there any questions? MAYOR FRIEDEL: Councilman? WATTS: I'm not sure if this is for the judge or if this is for Rachael. Is the reason for asking an increase in the fees is because we're not covering costs today, or are we just trying to keep up with everybody else? GOODWIN: That would be great, Judge. MELTON: Those are more for keeping up with what a lot of other people do. WATTS: But we're covering costs today? MELTON: We're covering costs as opposed to what the court brings in versus what it -- what we spend. WATTS: That would be covering costs. MELTON: I don't know -- I haven't seen those numbers. I don't -- usually, municipalities don't cover -- WATTS: Here comes Paul. He's going to bail you out. TOWN OF FOUNTAIN HILLS MAY 6, 2025 TOWN COUNCIL REGULAR MEETING MINUTES Page 34 of 76 MELTON: Literally. WATTS: Yeah, he's going to bail you out. SOLDINGER: Mayor, Councilmember, I'll try to answer. I might have to provide a clarification later if I'm slightly incorrect. We bring in about $210,000 a year from the Municipal Court. Our budget is within the General Fund and Court Enhancement Fund. Most of that in the General Fund -- that amount I don't have off the top of my head. It might be around four to $500,000 for the operations. 400? ELLIOTT: It's about that. SOLDINGER: We do -- we are planning to budget a little bit more out of the Court Enhancement Fund next year for the court security, about $25,000, and so some of these fees on this comprehensive fee schedule will go directly into the Court Enhancement Fund. That is statutorily authorized to allow the Municipal Court to support further court programs and services as needed. WATTS: But we really don't have a reconciliation of the frequency of each of these events, whether they're -- the enhancements warrants default at this point. To say whether or not we are short or whether we're -- we've got excess funds, we don't know that at this point, or you do know that, and we just don't have that information now? SOLDINGER: At this point, the revenues do not meet the expenditures of the Municipal Court. The expenditures exceed the revenues that we're bringing in. And so the whole point of the court enhancement statutory allowance to charge additional fees is to kind of supplement that, which we are -- we have been bringing in about $30,000 of those fees every year, and if we're -- I think -- I believe we're doubling them. So with that 60,000, we could, you know, supplement some more of the court's costs through that fund, which we haven't used too much in the past. We are using it for the court security starting next year, though. WATTS: It looks like some of the increases are relatively nominal, so I don't have a big issue, but I think, maybe next year, if we're looking at doing something similar, that we want to do a little bit better -- little more information on detail as to where we're at and why we want to do these things. So I appreciate that, though. TOWN OF FOUNTAIN HILLS MAY 6, 2025 TOWN COUNCIL REGULAR MEETING MINUTES Page 35 of 76 MAYOR FRIEDEL: Councilwoman? EARLE: Yeah, I'd like to go ahead and make a motion to approve this and also add that we do review it every year at the time we review our budget with the Town. WATTS: I'll second that. MCMAHON: I'll second. EARLE: Okay. MAYOR FRIEDEL: We have a motion and a second. Can we get a roll call, please? BENDER: Councilmember McMahon? MCMAHON: Aye. BENDER: Councilmember Skillicorn? SKILLICORN: Yes. BENDER: Councilmember Earle? EARLE: Aye. BENDER: Councilmember Kalivianakis? KALIVIANAKIS: Aye. BENDER: Councilmember Watts? WATTS: Aye. BENDER: Vice Mayor Larrabee? LARRABEE: Aye. BENDER: And Mayor Friedel? MAYOR FRIEDEL: Aye. BENDER: Mayor, seven-zero. MAYOR FRIEDEL: Thank you. Thank you, Judge. Thank you. The next item on the agenda is Consideration and Possible Action for Resolution 2025-18, increasing a stipend up to $750 a month for councilmembers and increasing the stipend to $1,100 a year for the Mayor. Councilwoman Earle? Oh. GOODWIN: Just as a reminder for the Council, this is the -- this is based on discussion that was had at the workshop and the discussion that was brought forward by TOWN OF FOUNTAIN HILLS MAY 6, 2025 TOWN COUNCIL REGULAR MEETING MINUTES Page 36 of 76 Councilwoman Earle. This is your time to formally vote and adopt the resolution to move forward with that discussion, if you so choose. So there was a question about, well, I thought we talked about this already. This is the formal process to adopt the resolution, if you guys so choose to move forward with this. MCMAHON: Thank you. Can we have discussion, please? MAYOR FRIEDEL: Councilwoman? MCMAHON: Thank you very much. I appreciate it. As we learned from Aaron, our attorney, in March, it specifically states that the Arizona Constitution forbids us from giving ourselves raises during the middle of our terms. Raises are allowed at the beginning of our terms or when the election break occurs. Even the Arizona legislature -- I looked up some information on them. They haven't had a raise since 1998, I believe it is. They are working on putting -- getting a bill passed so that they can have a raise, but their raise will not go into effect until January of '27 if the voters pass it, and that's in accordance with the Arizona Constitution, which is the law. So if Council chooses to vote in a raise for themselves, it cannot happen in June of this year. It can happen after the election next year pursuant to the Constitution. It allows an increase to take effect either at the beginning of the term or when new members take office. And precedent is not law. It's precedent. It's an example. It is not -- you don't have to follow it. And in this case, it has no application because the Arizona Constitution supersedes that, and it is very, very specific about time frames that elected officials can vote themselves in a salary increase. Thank you. MAYOR FRIEDEL: Councilman Skillicorn? SKILLICORN: Thank you, Mr. Mayor. Actually, I would like to quickly lob a question to the Town Attorney. Is it constitutional to approve or deny this ordinance tonight? WINGO: Mayor and Councilmember, I mean, I'm not -- I typically do not give legal advice in public. So I mean, you're asking for me to apply the facts of this matter to the law, and so that would be a matter that would be appropriate for Executive Session. SKILLICORN: Okay. Thank you. Mr. Mayor, some thoughts that I have. I mean, traditionally, I would prefer to, you know, go along the route of what towns like TOWN OF FOUNTAIN HILLS MAY 6, 2025 TOWN COUNCIL REGULAR MEETING MINUTES Page 37 of 76 Paradise Valley and others do, and they don't pay Council at all. So I'm always looking for ways to save some money. So there's two thoughts that -- how could we make this better, and one of them I think of is if this stipend was, you know, adjusted for inflation to include some intent -- and maybe even craft my motion to include this -- to preclude any travel expenses because this -- originally, when this was created 30 years ago, whatever, it was supposed to cover the cost of computers and cell phones and paperclips and staples and things like that, but you know, times have changed. I mean, everybody has a cell phone. Everybody has a computer. What I think of it as is this would cover costs of Council, include travel to meetings, travel to, you know, hobnobbing with lobbyists. It would -- it would cover all that there. So then these travel expense reimbursements would be void at that point in time, and it would save staff quite a bit of time, and I think that that would -- it would clear that up. So you know, if I do make a motion, I would probably include that and make sure the intent was very clear. But also, you know, I like the idea of a greater policy. Every year, we talk about budget. We talk about, you know, giving staff raises. You know, I kind of wonder if we should just set a -- like, a -- like, a policy. We do -- like, every five years, we do something that sunsets and you know, we can give staff automatic CPI adjustments for five years, and then that'll sunset, and five years later, we either reapprove it, adjust it, or maybe things have changed, right? I kind of wonder about including that. Now, I don't know if I can include that in my motion, but I'd like to, actually. MCMAHON: But that's not before Council right now. SKILLICORN: I don't know. I -- MCMAHON: We're talking about Council raises. SKILLICORN: Well, you should probably address the Chair, but I understand -- MAYOR FRIEDEL: Don't talk over -- SKILLICORN: Mr. Mayor -- MAYOR FRIEDEL: One at a time. TOWN OF FOUNTAIN HILLS MAY 6, 2025 TOWN COUNCIL REGULAR MEETING MINUTES Page 38 of 76 SKILLICORN: Mr. Mayor, I appreciate questions. That's fine. But it probably should be addressed to the Chair, you know. But Mr. Mayor, I kind of wonder about, you know, maybe even just adding the intent that that's how that's going to be is that we can cover that, but also, why don't we include that same policy to include Council? You know, that could be, you know, sunset every five years so we don't have to think about a 25-year thing. You know, I'd rather have policies to stand on instead of, you know, just kind of randomly thinking of things to do. So what I will do is make a motion to approve this CPI adjustment, but to also apply it in the future to CPI and have it a five-year sunset, but also include that it would -- there would be no more travel expenses and things like that. And you know, frankly, my intent that this policy would save us money because there's, you know, certain people that like to, you know, do events with lobbyists and do fancy events and submit those travel receipts. So that's my motion. LARRABEE: I'd second that. MAYOR FRIEDEL: Vice Mayor? LARRABEE: Sorry. I'll second that, but I do -- I have a question. In reading our staff summary, it sounds like that's -- that was already the case, is that correct, with the travel reimbursements? GOODWIN: It is. And so what I wanted to clarify -- and I think -- I think we captured the intent of what you're trying to share, Councilman, but I want to make sure. So this is a resolution, so the motion is to adopt the resolution and where it does say the stipend establishes -- established in this section are in lieu of any other salary or wages, reimbursements, or allowances for cellular devices and services, reimbursements or allowances for use of personal vehicles within Maricopa County and other incidental expenses. So the intent is kind of outlined in the existing resolution, if that captures what you're looking for. As far as the policy portion, we would need to bring that back at a -- as a separate item, which we can certainly do that. TOWN OF FOUNTAIN HILLS MAY 6, 2025 TOWN COUNCIL REGULAR MEETING MINUTES Page 39 of 76 LARRABEE: Thank you, Town Manager. And that was my understanding as well, so I'm very supportive of your comment regarding travel expenses. And if there's anything that needs to be added there to cover that of -- just thoroughly in this motion, I would be supportive of that. I think, before we can continue, we need public comments; is that correct? MAYOR FRIEDEL: We have discussion here, and then I ask for comments, so -- LARRABEE: Okay. I am also very interested in perhaps a follow-up agenda item that would regard the cost of living raise that typically occurs and how we might tie that in with Council and the staff and just have a regular policy regarding that. I'm supportive of that. MAYOR FRIEDEL: Councilwoman Kalivianakis? KALIVIANAKIS: Thank you, Mr. Mayor. Just for clarity's sake here, to address Councilwoman McMahon's concerns, now, the way I read this and what the staff report says is the Resolution 2025-18 would increase the stipends from such and such and so and so beginning in January 2026. So I am assuming that if we just did an up or down motion on 25-18 that this would go into effect in January of '26 with the new council, correct? GOODWIN: Correct. That's consistent with what the discussion was at the workshop. KALIVIANAKIS: Right. So yeah. So all due respect, Councilwoman McMahon, I don't think the constitutional argument is going to have any weight here because the courts have ruled that it can be done in between terms, so if it's a four-year term, like, with the new councilmembers, they can vote on a raise for the next council, but not for the current council, and so I just want to clarify that. MCMAHON: The next council will be December '26 after the election. KALIVIANAKIS: That's correct. MCMAHON: And in place probably in the -- in January. KALIVIANAKIS: Yeah, that would be in the upcoming council, and that's when this would go into effect. GOODWIN: It would go into effect January of '26, so a year -- actually, January -- so like, TOWN OF FOUNTAIN HILLS MAY 6, 2025 TOWN COUNCIL REGULAR MEETING MINUTES Page 40 of 76 six months. KALIVIANAKIS: Well, it would be December when they're seated, correct? GOODWIN: So the seating doesn't happen until -- so just to clarify -- KALIVIANAKIS: Okay. GOODWIN: -- January '26, meaning roughly six months from now. KALIVIANAKIS: Oh -- oh, okay. I got you. GOODWIN: The election and seating happens roughly 18 months from now. KALIVIANAKIS: Okay. In that case, I would like to address the constitutional concerns with this. Yeah, we can't do that. This just -- it's that simple. The 27th Amendment to the United States Constitution, ratified 1992, prohibits that -- any raises or lowers of the salaries of members of Congress from taking effect after the next election's representatives. In other words, Congress cannot grant itself a pay raise or decrease during its current term. Now, of course, this is the United States Constitution, but that is the legislature. It is the controlling legislature in our country. The states and the localities should be following the direction of the 27th Amendment. The spirit of the law says you don't vote yourself a raise. Now, an old radio announcer named Rush Limbaugh used to say, let me demonstrate the absurd by being absurd. You know, we could all vote ourselves a $2 million raise tonight, float it out until the end of our term and break the bank. I mean, if -- we simply can't vote ourselves a raise. Not only that, but there is an Attorney General of Arizona, Bob Corbin, who weighed in on this. This was October 22, 1990 from the Attorney General's Office in Phoenix, and he concluded -- therefore, we conclude that a city council, town council may receive a salary increase in the middle of the councilmembers' term provided the increase meets the conditions of Article 4, Section 2 and is at the beginning -- the beginning of a new term. And so this is -- Attorney General of Arizona has weighed in on this, United States Constitution has weighed in on this, and I think it's -- UNIDENTIFIED SPEAKER: (Indiscernible). KALIVIANAKIS: -- it's just the wrong thing to do for us to be voting ourselves in a pay TOWN OF FOUNTAIN HILLS MAY 6, 2025 TOWN COUNCIL REGULAR MEETING MINUTES Page 41 of 76 raise. And not only do I object to it, but I wouldn't accept it. I would -- I would take the money and donate it to charity because I wouldn't want to have anything to do with this. That would be dirty hands. MAYOR FRIEDEL: Councilman Watts? WATTS: I think, if my recollection serves, Aaron, as our prior attorney, said it went both ways. He's had -- seen it done both ways; by the next term, and we don't really have a clear definition of term, and it has been happen -- it happened midterm. So I think there's -- this puts and takes as to what's going on. And I think the backstory to this whole thing is that it's a normalization of what should have happened a long time ago. From the standpoint of 1990 to now, whatever the time frame was, this normalizes council going forward. I think it -- kind of what Councilman Skillicorn was saying about normalizing the effect of cost of living increases consistent with staff's increases makes a lot of sense so we don't have this ambiguity going forward. At some point in time -- and frankly, the $350 a month doesn't mean a whole lot. It's more of a principle than anything else, so -- but I do recall Aaron saying he's seen it both ways. He wasn't a supporter of either. He just said he's seen it both ways. MCMAHON: Thank you. MAYOR FRIEDEL: Councilwoman? MCMAHON: March 10th, he wrote an email to Rachael, and in that email, he, once again, reiterates that the Constitution allows an increase to take effect either at the beginning of the term or when new members take office, and he's stating as for the prior ones that were mentioned out of term, not following that, it's possible that the Town Attorney at that time didn't advise or perhaps the Council heard the Town Attorney's advice and went a different direction. Whatever the case, this has been the law since 1990, and it hasn't changed, and everyone in my firm agrees to this approach and interpretation as well. In other words, Aaron's standing on the -- on the law in the Constitution. He's not going either way. MAYOR FRIEDEL: Councilwoman Earle? TOWN OF FOUNTAIN HILLS MAY 6, 2025 TOWN COUNCIL REGULAR MEETING MINUTES Page 42 of 76 EARLE: I apologize. I didn't come prepared because I didn't know we were discussing it that much more, but we did -- after that email, we did have our meeting, the work -- a work session, and we brought the information from the 2000 meeting, and the attorney at that time explained why it was okay -- because some people were concerned about doing that, and he explained why it was okay to be able to do it at that time, and we shared that, and that's when Aaron said what he did that Rick talked about. Thank you. KALIVIANAKIS: What attorney was that? EARLE: It's the person who was the Town Attorney at the time. The -- KALIVIANAKIS: We don't know the name of the attorney that was -- LARRABEE: Point of order. EARLE: It's in the -- it's in the minutes, if you go back and look at the minutes of that meeting. MCMAHON: But they're not the attorney now. MAYOR FRIEDEL: Vice Mayor? LARRABEE: I would like to encourage anyone curious or concerned to look back at that previous meeting. I wish I had come with all my notes as to the reasons why. However, I mean, this had already been discussed, and I'd remind my fellow councilmembers that this was also agreed upon with these concerns already having been discussed, so I take objection to this poisoning of the well we're now seeing with constitutional concerns that haven't been brought up the last two times we've discussed this. It's insulting, frankly. MAYOR FRIEDEL: Councilwoman? MCMAHON: Thank you for being so insulting. It's really unbecoming of you. And constitutional law is the law of the land, and that is what it's saying. I'm not making it up. I'm reading right from it. And in fact, again, in a written email to Rachael, Aaron is legally advising us as our Town Attorney that this is against the law, and it doesn't go both ways. So we can't impose this raise at the time it's being requested in this -- in 9-C. We have to wait until there's a -- there's a break in the election and our term's changed. So you know, poisoning the well -- TOWN OF FOUNTAIN HILLS MAY 6, 2025 TOWN COUNCIL REGULAR MEETING MINUTES Page 43 of 76 MAYOR FRIEDEL: Thank you. MCMAHON: -- I don't think so. MAYOR FRIEDEL: Thank you. MCMAHON: Why are you stopping me? KALIVIANAKIS: I would just like to call for an Executive Session so we can get legal advice. MAYOR FRIEDEL: I think -- I think you've pretty much done that already, haven't you? KALIVIANAKIS: Well, apparently, it's not getting through to people that the United States Constitution overrides town councils and state governments, so maybe if somebody else were to say it, it would sink in. MAYOR FRIEDEL: I don't think we need it. Vice Mayor? LARRABEE: All right. I'll clarify. The United States Constitution is referring to Congress, our federal government. There is a difference between the federal government and our states. That is why we are a United States of America. We also have our own state laws. Now, the federal government does not govern whether or not councils can give themselves a raise. Given that our state legislature does not have a law regarding this and that this -- MCMAHON: Yes, they do. LARRABEE: The state legislature -- it says -- MCMAHON: I know. LARRABEE: -- right in there -- in our packet, the law that the state legislature has regarding councils says, the common council may be -- may, by ordinance or resolution, prescribe a daily compensation or salary to be paid by the mayor -- to be paid the mayor, councilmen, and administrative board members for the performance of official duties. Now, technically speaking, we're not even referring to a salary. We're referring to a stipend. This has been done in other municipalities. This has been done by our own town precedent. And again, this has already been discussed twice before. What I refer TOWN OF FOUNTAIN HILLS MAY 6, 2025 TOWN COUNCIL REGULAR MEETING MINUTES Page 44 of 76 to when I say poisoning the well is that there's clearly political interest in saying that we're wrong in doing this when we are not. We have done our research. We have gotten our advice from our attorney. We even all agreed on this a few weeks ago. MCMAHON: Thank you. KALIVIANAKIS: I don't think we all agreed. MAYOR FRIEDEL: I think we're going to hear from the attorney. MCMAHON: It's the Arizona Constitution. WINGO: So yeah, Mayor and Council, while it's not prudent for me to give legal advice from the dais, there is a -- there is an Arizona constitutional -- MCMAHON: Right. WINGO: -- provision. I'm not going to read it verbatim. I believe Aaron's already advised you on it. But there is a provision that controls when and how a town council or city council or any legislative board of the state can increase or decrease compensation. MCMAHON: And -- thank you. That -- it's right here. It's the Arizona Constitution. It's Article 4, Part 2, Section 17. It's not Congress. It's not the United States. It's the Arizona Constitution. The legislature follows it, and we have to follow it as well. Thank you. MAYOR FRIEDEL: Councilman Watts? WATTS: I got an easy solution. Why don't we just increase the mileage to, like, $25 per mile? I mean, we've had the conversation over and over again. We talked about it at length. I don't think I'm going to vote for it, but on the other hand, at some point, we have to normalize what is a reasonable compensation, and then going forward, we have to do something along the lines of what Councilman Skillicorn said, which is we have to make it a normal course of events so it mirrors whatever we do with staff. So if we give staff two and a half, three percent, then Council should get the same thing, same agreement. So then, that's really what it ought to be, so why don't -- for the time being, I'm going to vote for $25 a mile and see if that doesn't cover my cost because we also add in there that there was a 30-mile limitation, and I think that will come up when we say -- we TOWN OF FOUNTAIN HILLS MAY 6, 2025 TOWN COUNCIL REGULAR MEETING MINUTES Page 45 of 76 actually establish the policy as opposed to the resolution. So there's a lot more to come about this, but I think it gets kind of silly at some point. Let's move on. MAYOR FRIEDEL: Councilman Skillicorn? SKILLICORN: Thank you, Mr. Mayor. I was kind of curious of the other councilmember who wanted to amend the motion. Sounds like a no. And just for clarification, the motion did not include a limit for mileage. MAYOR FRIEDEL: Okay. I think we've heard enough from the Council. Let's see if there's any speaker cards on this. Town Clerk? BENDER: Mayor, we had 13 cards online provided. All 13 were against. We have six speaker cards. Starting with Beth Culp followed by Renee Yarian. CULP: I'm going to make this quick. This is embarrassing. I don't think any of this is funny. You know, we'll just charge $25 a mile. We'll get around the Constitution this way. This is embarrassing. It is embarrassing that this town council is even sitting up here and talking about enacting legislation, a resolution in violation of the Arizona Constitution. Unless you have a written opinion from a lawyer that what you're proposing to do is, indeed, legal, you have no business considering it. And if you go ahead with it, you will be very, very sorry because you will lose respect far and wide. This is -- this is ridiculous and silly and a total waste of time. YARIAN: Mayor, Council, my name is Renee Yarian, and I'm a long-term Fountain Hills resident. At the recent budget meeting, some Town Council members indicated that they tend to treat themselves better than the rest of the town. If you can lift sanctions on a whim sans legal input, gut the ethics code and get rid of the Town Attorney, why not go for broke and give the employees a pittance and give yourselves a windfall? Despite all the data suggesting that a three percent increase was appropriating -- appropriate using the Consumer Price Index, private sector comparison, Social Security data, and other Arizona municipalities, Councilwoman now-Larrabee said, I think a two and a half percent raise is perfectly reasonable for the employees. But what's good for the goose is not good -- according to our novice councilwoman, good for the gander. TOWN OF FOUNTAIN HILLS MAY 6, 2025 TOWN COUNCIL REGULAR MEETING MINUTES Page 46 of 76 She proposed a 75 percent increase in stipends for all councilmembers, from 400 a month to 700 a month, and for the Mayor, she thinks an 83 percent increase is warranted, his stipend increasing from 600 to 1,100 per month. Did I hear that right? Seeking a disproportionately large increase for them, but a substandard increase for staff. What's wrong with this picture? It's ludicrous and it's very unfair. Our local fire department requested consideration for an upgrade three command personnel project as part of the regional automatic aid system, and that's important for the safety of our community. It could be well worth that cost. But the Council put that decision off for six months. Would you rather have reliable assistance during big emergencies this summer and retain experienced and knowledgeable Town employees, or give the Council a huge and untimely stipend increase? It's pretty obvious. A solid no for resolution makes sense for residents. Staff should get a three percent raise, and Council should get the same. BENDER: Kimberly Bartman followed by Gene Selecta. BARTMAN: Kimberly Bartman, 23-year-old -- 23. I wish I was 23 years old. 23-year resident of Fountain Hills, this beautiful town, best town in the whole world according to former Mayor Schlum, beloved former Mayor Schlum. Okay. So I say no to the Council and Mayor's raises. And despite all the legalese and all that, this is just to say some of you have only been in office for a short period of time, so you know, aside from the legal stuff, I don't think you deserve a raise. And I think that the Town staff should get the three to three and a half percent -- let's see, the cost of living adjustment, and no to raises for you guys. Now, also, some of you have been very divisive, and I know that Mathew Corrigan mentioned that he was surprised by the harsh treatment of some of you by citizens via letters to the editor and people speaking up here at the dais, but if you recall, there were some really ugly signs back in the day, political signs that none of the people that were on the slate -- the four of you that were on the same slate that are not ROT slate but ROT slate, that you -- none of you spoke up. I reached out to some of you saying, speak up, speak up against those signs that are so nasty, and you didn't. So calling, you TOWN OF FOUNTAIN HILLS MAY 6, 2025 TOWN COUNCIL REGULAR MEETING MINUTES Page 47 of 76 know, people -- the public coming to say things of concern is not nastiness. And then I miss our Aaron Arnson. He really spoke up and helped you guys keep control of these meetings and help you maintain decorum. Also, I -- MAYOR FRIEDEL: Can you stay on the agenda item? BARTMAN: Yes. MAYOR FRIEDEL: You're getting into a Call to the Public, and we've already -- BARTMAN: Well, no, I want -- MAYOR FRIEDEL: -- and we've already done that. BARTMAN: The reason I don't want you to have raises, is what I'm trying to get to, is that -- the interruptions by councilmembers that are speaking and that I think you have a lot of Executive Sessions because I believe you're trying to have talking points to increase your outside political agendas. Thank you. SELECTA: Thank you, Mayor, Council. I'm Gene Selecta, 30-year resident. First, I'd like to say how excited I am to see Bev Bender back with us. Thank you. Welcome back. I'm so against the ridiculous proposal of pay increases of the Town Council members and the mayor. 75 percent for the Council, 83 percent for the Mayor, and two and a half percent for our Town staff that work very hard. You were all elected to serve your community knowing the positions are paid at a low level, but more than the many hundreds, almost 1,000 citizens of this town that volunteer their time free of compensation. Plus, they pay their own expenses out of pocket for gas, for example. Which one of you campaigned for pay increases of approaching 100 percent? I never heard of that. You're all serving, as do the hundreds of town volunteers, because you love this town. Maybe you should emulate those many volunteers and not even accept any compensation. Finally, some of you are offering a miniscule pay increase for Town staff. Suck it up. Vote this silly request down. Thank you. BENDER: Ed Stizza, and then the last speaker will be Mathew Corrigan. UNIDENTIFIED SPEAKER: (Indiscernible). TOWN OF FOUNTAIN HILLS MAY 6, 2025 TOWN COUNCIL REGULAR MEETING MINUTES Page 48 of 76 BENDER: Mathew Corrigan. (Pause) BENDER: We have one more speaker, Wendy Dachel, after Mathew Corrigan. CORRIGAN: Mr. Mayor, Councilmembers, I think it's been clarified that in 1990, the minimum wage was $3.80, and today, it's $15. So I guess my proposal might be that each of you could take maybe 12 hours to work at McDonald's, and you could make more there than you could serving on Council. Tongue in cheek, I think it's about time for a raise. Those were very, very old stipends, and whether you do it now or later, something should be done to catch up with the economy. We went through four years of radical inflation. Costs on everything went up. We're normalizing that now. We're coming back down. But we're still in that high-priced era from the last administration, and that's just a fact. You can go to any source -- you know, any source to find that out. So I'm for the increase. It's a minimal increase from $400 to 750 for Council. That's reasonable. It's normal. How you do that? I guess you could go back, again, to Executive Session, work it out. You've already done that, but apparently, that hasn't satisfied some. So I don't know what the answer is, but I do want to speak in approval of this miniscule increase in public service, which is what you're doing. You're serving beyond the stipend that you get. The hours that you work researching and developing a consensus among each other, that's certainly worth more than $500 a month, and Mayor, 1,100 for you. So you know, I'd like to see it go up to 750 and 1,100. I think it's reasonable. How you do that, I guess, is your next step, but I'm in favor. And that's all I have to say. I'm in favor of an increase. How you do it, I guess, back to the drawing board. Thank you. DACHEL: Good evening. My name is Wendy Dachel. I have lived here 22 years. I love this town. And I agree that this is just an embarrassment. You guys are getting so uptight about this. It's just unbelievable. However, you're civil servants. When you were running for office, you knew what it entailed. You knew what the stipend was. It TOWN OF FOUNTAIN HILLS MAY 6, 2025 TOWN COUNCIL REGULAR MEETING MINUTES Page 49 of 76 wasn't like you were going to get rich being on the Town Council. And I think that the staff deserve a cost of living raise. Three percent sounds reasonable. I don't think 80 some percent. It's just horrifying, in my opinion, that you would even consider taking that money. Thank you. BENDER: Mayor, that was the last speaker. EARLE: May I ask a question? MAYOR FRIEDEL: Councilwoman? EARLE: Yeah. So to understand, I'm assuming we have to vote on his motion first, but I'd like to make a different motion, if possible. I'm not sure exactly how that works. MAYOR FRIEDEL: He didn't get a second, so -- EARLE: Oh, he did. LARRABEE: I seconded it. MAYOR FRIEDEL: Oh, you -- oh, you did? EARLE: She did second it. MAYOR FRIEDEL: Oh. GOODWIN: Yes, you can -- you can make either a -- MAYOR FRIEDEL: Do you want to amend the motion? EARLE: Oh, amend the motion? Okay. Allen, if you're -- I'm going to ask you if you don't mind. So it seems to have upset a lot of people. Yes, it's not a big jump, but I just want to explain. We are just making the equivalent of $400 to what it was in 2000 to 2025 or 2026. The staff has received raises since 2000, and -- but -- and also, the previous council, if they had this discussion before, but they chose not to have future councils have the raise, I don't know why they didn't do that. But I'd like to change the motion to we approve this resolution and make it effective when the new council is seated in 2026. GOODWIN: December of 2026. EARLE: December of 2026 instead of January 2026. Do I have a second? Or I'm sorry, do you approve that? TOWN OF FOUNTAIN HILLS MAY 6, 2025 TOWN COUNCIL REGULAR MEETING MINUTES Page 50 of 76 SKILLICORN: Mr. Mayor, I would be agreeable to that as long as we don't change any of the terms and there's no travel and et cetera, et cetera, et cetera. EARLE: Which is in it, yeah. UNIDENTIFIED SPEAKER: I (indiscernible). MAYOR FRIEDEL: So we have an -- we have an amended motion and a second. We'll put it up for a vote. Any other discussion from the Council? Roll call, please. BENDER: Councilmember McMahon? MCMAHON: Nay. BENDER: Councilmember Kalivianakis? KALIVIANAKIS: Nay. BENDER: Councilmember Watts? WATTS: Nay. BENDER: Councilmember Skillicorn? SKILLICORN: Permission to explain my vote? MAYOR FRIEDEL: Sure. SKILLICORN: So if I vote yes, what I'm doing is agreeing that we should adjust the 2020 numbers to inflation, but also, hopefully, saving money by eliminating travel reimbursements and things like that, and unfortunately, I think that there are some members that take advantage of that. And then if I vote no, I'm still encouraging certain members to take advantage of travel reimbursements, and you know, potentially actually cost the Town more money. So even though I'd prefer we extend this to 20 -- no, I'm sorry, 2050, I'm going to vote yes. BENDER: Councilmember Earle? EARLE: Aye. BENDER: Vice Mayor Larrabee? LARRABEE: Aye. BENDER: And Mayor Friedel? MAYOR FRIEDEL: No. TOWN OF FOUNTAIN HILLS MAY 6, 2025 TOWN COUNCIL REGULAR MEETING MINUTES Page 51 of 76 BENDER: Mayor, it fails. Four to three. MAYOR FRIEDEL: Do we need a recess? Okay. So we have Paul on deck to talk to us about adopting the tentative budget. It's all yours, Paul. SOLDINGER: All right. Mayor and Council, thank you for the opportunity tonight. So we're here after a long, long process of many discussions, retreats, meetings to summarize and discuss what the tentative budget looks like and consider adoption for fiscal year 2026. So first, we'll start with some key updates from the proposed budget, which we discussed on April 8th. So what we did, we added two and a half percent cost of living adjustment for Town staff to the budget. Most of that impacted the General Fund for a total of about $270,000 of increases to the budget. One thing to note with that is any changes that affected the General Fund did not increase the General Fund budget. Because we balance that fund to revenues, we actually increase the budget in certain departments, and we decrease the contingency within the general government department within the General Fund. So you'll see the General Fund is the same amount, but the contingency went down, and I'll show that on a slide in the future. We also recalculated the Fire Department's revised command structure supplement to begin on January 1st, 2016 (sic). That reduced the Fire Department budget in the General Fund by $111,000 approximately. We -- well, this one we'll actually take out of the budget with the Council stipend. We prospectively included that in the budget, considering it for ease of reference, but because of -- because of the last vote, we'll actually remove that, and I'll mention that when we get to that slide as well. But that would have been about $18,000 to the General Fund budget. KALIVIANAKIS: Can I address that last screen? MAYOR FRIEDEL: Councilwoman? KALIVIANAKIS: Thank you, Mr. Mayor. Could you go back to the last screen, please? SOLDINGER: Yes. KALIVIANAKIS: At our previous Council meeting, we had discussed, at the end of the TOWN OF FOUNTAIN HILLS MAY 6, 2025 TOWN COUNCIL REGULAR MEETING MINUTES Page 52 of 76 meeting, to bring the cost of living adjustment for Town staff back in front of the Council. Rachael, would it be appropriate at this time for us to give guidance on that number? GOODWIN: Today it would, yeah. KALIVIANAKIS: Okay. Because what I'd like to suggest is that we -- I'd like to go to three and a half percent. I don't think there's a will for that, but I think that we would for three percent. So I'd like to increase the cost of living for the Town staff to three percent on this new budget. MCMAHON: We got a motion? Do we need a motion, or what, Gerry? GOODWIN: So I think, yeah, at the end of the presentation, as we move to adopt the proposed budget -- KALIVIANAKIS: Okay. GOODWIN: -- that's where you can -- KALIVIANAKIS: Okay. GOODWIN: -- amend that. SOLDINGER: So I'll touch on that if there is discussion at the end about that particular subject, Councilwoman. So there's kind of two options we can do. We can adopt this -- the budget as is and just make adjustments within. We'd have to reduce contingency probably in the Capital Projects Fund to increase a couple other funds to address whatever increase to cost of living adjustments there may be. Otherwise, if there is that conversation and there is that amendment, we could add certain dollar amounts to the Streets Fund and the Economic Development Fund to account for those cost of living adjustment changes. So I have those amounts in front of me. If that conversation does come up, we can add that to the amendment. KALIVIANAKIS: Perfect. Thank you. WATTS: Mayor? SOLDINGER: Thank you for bringing it up. MAYOR FRIEDEL: Councilman Watts has a question. SOLDINGER: Yes. Councilman? TOWN OF FOUNTAIN HILLS MAY 6, 2025 TOWN COUNCIL REGULAR MEETING MINUTES Page 53 of 76 WATTS: If I'm not mistaken, the Fire Department initially had $232,000 in the budget, so we didn't really decrease the budget. We allocated half of that amount to the current period with a stipulation that the second half would become effective as of January 1st of 2026, I believe. So a budget decrease of $111,000 is not actually telling the full story is what I want to make sure is clear. SOLDINGER: Yeah, that's a good point, Councilman Watts. So because we included that full $222,000 as a recommended supplement in the proposed budget, it was included in the figures we presented. So what I'm trying to present here is that because we recalculated it in, about half of that was actually included in the budget. From the proposed budget to the tentative budget, that change decreased the Fire Department budget by about $111,000, but you're accurate in what you stated. WATTS: Right. I just -- for those that weren't here during that arduous process of going through the budget, I didn't want to have the perception that the Council decreased the Fire Department's budget. We did not. We actually increased the budget with a proviso that says as of January 1st, 2026, we're going to get the other half included for the updates for the auto aid and for -- so that's already in progress. SOLDINGER: Yes. WATTS: Okay. SOLDINGER: That's an accurate and excellent point. So when we're looking at the fiscal year 2025 budget we're currently in to fiscal year 2026, what we're actually doing is adding $111,000 to allow the Fire Department to revise its command structure as of January 1st. MAYOR FRIEDEL: And I'll add to that. It did not affect safety whatsoever for this town. We still have the same quality personnel and people serving us. WATTS: And to that point, Captain Ott actually is in the process of making the application is what we -- we talked about the auto aid, getting that process because that was a long-term process as well. Doing part of it as we move forward in the anticipation of being approved or accepted into the program would align closely with that January of 2026 date. So that's already in progress. So the rumors about we've defeated auto aid TOWN OF FOUNTAIN HILLS MAY 6, 2025 TOWN COUNCIL REGULAR MEETING MINUTES Page 54 of 76 are flawed. We have not. We're moving forward. Captain Ott's doing that. We've made the -- we've made the commitment already, and it'll come to fruition in January. SOLDINGER: Yes, that's my understanding as well, so I appreciate you pointing that out. MAYOR FRIEDEL: Councilwoman McMahon? MCMAHON: Thank you. Since we're talking about the Fire Department, I would really like us to please reconsider. It's, in essence, giving a raise to the staff, but also, without automatic aid, from what I understand is that we are not equal partnership with other cities and towns because we're not -- we're taking more services from them than we're providing because we don't have the same ratio of firefighters in the -- in the sense that automatic aid requires. So they provide battalion chiefs, et cetera, but when we -- they need our help, we're not in equal partnership with them. We're not providing them, basically, the same manpower, and we're using their services a lot in that respect. And the fire season is coming up this summer. So I would really like to reconsider that. Even though, yes, there are applications being made, but I would -- I would like to change it from not happening in -- I guess, January, it is, but to have it happen in this fiscal period. I guess it would be June or July. And -- WATTS: That's -- no. MCMAHON: Because the money's there, and I just -- I don't understand why we're waiting. And I know the Fire Department would really appreciate it -- WATTS: Can I respond to that? Okay. MCMAHON: -- because they could promote from within. We could get automatic aid sooner and provide equal partnership with other fire departments. Thank you. MAYOR FRIEDEL: Councilman Watts? WATTS: As I recall Captain Ott's presentation, we receive and we provide very close to the same amount of service. We take 100, we get 100. It makes it less manual because we have to do it manually today, but we still get it in a timely manner. And the application process isn't just snap your fingers and move forward. The application process -- UNIDENTIFIED SPEAKER: (Indiscernible). TOWN OF FOUNTAIN HILLS MAY 6, 2025 TOWN COUNCIL REGULAR MEETING MINUTES Page 55 of 76 WATTS: The application process takes somewhere between 90 and 180 days to get through the process, so that's why we made the decision to say let's move forward. It doesn't happen overnight. The application is in process. It will come to fruition January 1. And we've already allocated half of the money now, and the rest will be January 1. MAYOR FRIEDEL: Councilman Skillicorn? SKILLICORN: Thank you, Mr. Mayor. Director, I just want to quickly ask a couple questions. SOLDINGER: Sure. SKILLICORN: You know, I see here that the tentative budgets were 53.4 million dollars. What is their statutory expenditure limit for the upcoming year? SOLDINGER: Mayor, Councilmember, it's on another slide. It's 36.5 something. Let me just jump ahead a little bit just so I give you an accurate amount. $36,581,877 is our expenditure limitation. SKILLICORN: And are we, effectively -- I know that's a lower number than the tentative budget, but there's other, you know, fund transfers. Are we, effectively, spending up to that limit? SOLDINGER: We -- so I want to make sure I state this clearly and accurately. It's a complicated answer. Yes, we are -- in our budget process and even the forms that are statutorily required to be filled out by the Auditor General's Office, we're required to show the amount we're budgeting and project exclusions as well as, in this case, we're planning to just carry forward the money that we've saved up. So we have budgeted to become -- to make sure we're at least $1 below the expenditure limitation, so yeah, we're complying with the constitutional and statutory provisions in our budget process. SKILLICORN: Mr. Mayor, thank you, Director. And I just want to point out that, you know, with the unknown economic activity, unknown sales tax revenue, I would much prefer a austere budget and would love to see a, you know, five to ten percent cut. So I will be opposing this because I would prefer a lower tentative budget. Thank you. SOLDINGER: All right. Any more questions at this point? No? Okay. So the fourth item that we made a change in the budget for was we asked TOWN OF FOUNTAIN HILLS MAY 6, 2025 TOWN COUNCIL REGULAR MEETING MINUTES Page 56 of 76 Council for carryover for the Wayfinding Signs Project just in case we don't get it done by fiscal year-end. So what we did is we added that to the budget in the Capital Projects Fund, and we decreased the contingency amount, so there was no budgetary impact dollar amounts to that change. We received notice of some utility increases, mostly at the Fire Department and the Community Center, so we included additional budget for those notices, about $5,000 added to the General Fund budget. We actually identify in our review -- so we will do this in the final budget review as well, just going through everything, making sure everything's kind of tied down, reconciled. We noticed that someone had mistyped an amount for the Fire Department in their uniforms budget. It was $30,000 overstated. I talked to Chief Ott just to make sure. We reduced that amount to the appropriate amount, so that reduced the Fire Department budget by $30,000. The Fire Department actually just purchased a new command vehicle for the Fire Chief, and so what we do -- I've kind of talked -- touched on it a few times in these budget discussions, but we have a Vehicle Replacement Fund. Any time we purchase a new vehicle in the Town, we start saving up for the future replacement in that Vehicle Replacement Fund. It creates an accounting entry where we charge our budget for an expenditure to set aside money. So basically, that's a convoluted way or long-winded answer to say we added budget to the Fire Department to account for saving up for that fire vehicle replacement in five, six years from now, and that added $6,000 to the budget for the Fire Department. And the last substantial change was at the last Council meeting, there was a request considered by Council and approved unanimously from the International Dark Sky Discovery Center to apply for grants. So you know, with grants, those are excludable from the expenditure limitation, so when you increase the budget, it doesn't count towards the expenditure limitation. You can also exclude it in your budgeting process. So we added $3 million to our Special Revenue Fund to account for that in case the grant does come through next fiscal year. Yeah. TOWN OF FOUNTAIN HILLS MAY 6, 2025 TOWN COUNCIL REGULAR MEETING MINUTES Page 57 of 76 MAYOR FRIEDEL: Councilman? WATTS: As I recall, the $3 million for the International Dark Sky Discovery Center was, effectively, a loan that we were going to pay in advance of receiving the grant -- once we were approved to receive the grant, so shouldn't that have a zero impact? I thought we calculated there was only about $100,000 worth of actual hard costs that we would incur as a Town. So that $3 million is front money as we receive reimbursement based on that grant and the reality, I guess, that we do get the grant? SOLDINGER: Right. Mayor, Councilman Watts, I've gotten this question several times, actually, so I -- you know, I'm going to have to go back watch how I stated it. Let me clarify for you a little bit. It is still confusing. We're not fronting the money -- we're not paying for any of the exhibit costs up front. With this grant and the way a typical federal grant would work is it's a reimbursement basis, and what we act through -- act as is a pass-through. So let's say the project is $3 million total. The Dark Sky Discovery Center would pay the $3 million for the exhibit themselves without touching any of the Town's money. They would submit reimbursement requests to the Town, so we would act as the grant administrator and review the invoices to make sure they were appropriate and proper expenditures of the grant. We would submit those documents to the federal government, and if the federal government approved it -- at this -- this is later on. This is after they approve a grant and award the money. If they also agree that the money has been spent appropriately in accordance with the grant requirements, they would give the money to us as the Town of Fountain Hills, and all it would do is go into our coffers, and then we would write a check out to the International Dark Sky Discovery Center. So the $100,000 you cited is just for the Town to recover our costs as needed. If Michael or myself or Beata, the senior accountant, if we're reviewing grant documents, if we're submitting, you know, reimbursement requests, we're able to submit it for those costs that we incur and get money from the federal government. So hopefully, that explains or clarifies it a little bit. TOWN OF FOUNTAIN HILLS MAY 6, 2025 TOWN COUNCIL REGULAR MEETING MINUTES Page 58 of 76 WATTS: No. SOLDINGER: Okay. WATTS: It kind of does, but the -- but the bottom line, that I understand it, anyway, is that the $3 million that we, theoretically, are going to apply for and hopefully, that we get it really doesn't affect our budget. It has a short-term impact on our budget. It has a short-term impact, actually, on cash flow as opposed to overall budget. SOLDINGER: It's kind of a nuanced discussion because it would be considered a federal expenditure under a grant as a pass-through, so we would have to record it as an expenditure in our financial system to even disburse the check, and we'd have to go through a federal audit to ensure that we're complying with those requirements as the pass-through. So technically, although it is complicated, in this case, we would have to record it as an expenditure, and we would have to budget for it. There's other cases where we receive monies that aren't ours like that where we wouldn't have to. One example is we require home builders to get a landscape bond with the Town. They pay $2,500 to the Town. They're required to complete the landscaping when they're building a home, and once they do complete that in accordance with the plans, we give them their money back. That's not an expenditure of the Town. That's just us holding their money, giving it back. In this case, as a federal expenditure for a grant, we're required to record it in that fashion. WATTS: But doesn't it zero out, basically? Other than -- SOLDINGER: It does. WATTS: Other than the $100,000, so -- SOLDINGER: Right. It does, but -- WATTS: It has a -- it has a cash flow impact on the budget, but we don't actually pay the $3 million. That is paid through the federal grant. GOODWIN: We just have to account -- SOLDINGER: Exactly. We just -- WATTS: We do. GOODWIN: We have to account for it here. TOWN OF FOUNTAIN HILLS MAY 6, 2025 TOWN COUNCIL REGULAR MEETING MINUTES Page 59 of 76 SOLDINGER: Yeah. WATTS: I understand the accounting is different than the actual cash flow, so -- SOLDINGER: Right. WATTS: -- I just wanted to make sure when we look at increasing the budget by $3 million, I'd like to be able to accomplish Councilman Skillicorn's ten percent by saying, okay, well, that $3 million is going bye-bye, don't have to worry about that. But that's not the reality of it. That doesn't really count in that equation. SOLDINGER: Yeah. So the reality of that, we did complete the grant request with the Dark Sky Discovery Center, and the request came in lower than the initial request. So we always talk about how the budget is a balancing game, right? So we put $3 million just to make it easy. We're not really sure what we need to include. It came out at 2.1 million. So if that is something the Mayor and Council wanted to do, we could reduce that budget in the Special Revenue Fund by 900,000 and still have that ability to do the Dark Sky grant if it comes in. Or we could choose to keep it. It does not impact us from the expenditure limitation standpoint if we get additional grants or other opportunities. I know there's been -- you know, like the Public Works Director mentioned earlier, we received challenging news, right, that the Shea Boulevard widening engineering estimate's going to be a lot higher than we expected. Well, I don't want to get in the weeds too much, which I tend to do sometimes, but because that Special Revenue Fund is fully excludable, we could use some of that budget authority to increase the budget for the Shea Boulevard widening. So there's -- it gives us a little more flexibility, but it's not an absolute necessity by any means. WATTS: I understand, I think. I appreciate the explanation. And I'll have my people talk to your people so we can have a further conversation. SOLDINGER: Okay. Appreciate it. MAYOR FRIEDEL: Councilwoman? EARLE: I'd like to make a motion to approve the budget as presented here. LARRABEE: Second. TOWN OF FOUNTAIN HILLS MAY 6, 2025 TOWN COUNCIL REGULAR MEETING MINUTES Page 60 of 76 KALIVIANAKIS: I'd like to make an amendment. MAYOR FRIEDEL: We have a motion and a second. KALIVIANAKIS: Yeah. My amendment would be to approve Resolution 2025-10 with the amendment of increasing the Town staff cost of living to three percent. MCMAHON: I second. GOODWIN: So we have -- WINGO: So you vote on the amendment. KALIVIANAKIS: Right. WINGO: And then if that passes, then you vote on the original resolution. WATTS: On the original resolution. GOODWIN: We need to -- MAYOR FRIEDEL: Roll call. GOODWIN: Mayor, do we have speaker cards? MAYOR FRIEDEL: Oh, do we -- do we have any speaker cards? BENDER: Mayor, we received 12 online cards that did not want to speak. Nine were against, three were for. We have eight speaker cards. We're going to start with Eric Landau followed by Beth Culp. LANDAU: Mayor and Councilmembers, good evening. My name is Eric Landau. I'm a former fire captain and 26-year resident of Fountain Hills. I'm here to speak about the three fire battalion chief positions that are planned in January. And Council -- Mayor and Councilmember Watts, David Ott is our fire chief, not a captain. The fire service and the public which it serves have benefited greatly from automatic aid plans since they began some 30 years ago. They contrast with mutual aid under which help from a neighboring department is not dispatched until requested. Rural Metro Fire could not participate because it does not staff its apparatus with the required number of firefighters. The Fountain Hills Fire Department does staff appropriately, but the automatic aid program requires a battalion chief be available from each participating department. We need to conform our staffing with that standard in order to participate. TOWN OF FOUNTAIN HILLS MAY 6, 2025 TOWN COUNCIL REGULAR MEETING MINUTES Page 61 of 76 There are many benefits which accrue from automatic aid. When emergency occurs, firefighters that are closest respond, regardless of jurisdictional boundaries. That provides high levels of service and effectiveness. If you drive past an incident in South Scottsdale and see Tempe fire units on hand, that's automatic aid. Automatic aid is considered the gold standard of emergency service delivery systems. Fewer fire stations are needed. Coordinated training and procedures help firefighters and chief officers do their jobs better. More senior officers means better delegation of incident management functions, including staging, liaison, safety, and personnel accountability. That is why we need a battalion chief at the head of each shift. Firefighters are accustomed to working together with those from other communities. They work together every day on routine emergencies, so they work better together during larger emergencies. Under an automatic aid system, the fire departments also equip and staff their fire trucks in a similar manner. Support functions such as dispatch and communications are coordinated. Opportunities for joint purchasing lead to savings for standardized items, such as protective clothing. Everyone pays less when a large quantity of equipment is purchased at competitive prices from the manufacturers. Specialized firefighting and rescue teams are shared. Hazardous materials incidents and building collapses occur infrequently, so fire departments in the automatic aid system train and work together to respond to specialized emergencies. Cooperation saves money and helps firefighters work more efficiently and safely. Finally, fire units responding via automatic aid augment our own department's assets. This can provide additional credit toward our community's insurance services office classification rating. Improved score means lower fire insurance policy premiums for residents and businesses. Let's put our own battalion chiefs in place, and then join the automatic aid system without further delay. Now, not in January. Thank you. BENDER: Beth Culp followed by Renee Yarian. CULP: Again, quickly, what the former chief said is right. We all know it's right. We TOWN OF FOUNTAIN HILLS MAY 6, 2025 TOWN COUNCIL REGULAR MEETING MINUTES Page 62 of 76 know that it is time for us to now support Chief Ott. Everybody admires him so much and what he's done. To ignore his recommendation is reckless. We need to get this agreement in place sooner than later. The other point that I would just like to basically underscore is we need to pay our Town staff. We have lost valuable Town staff. And three and a half percent, I think everybody knows that they deserve that. And the only reason anybody's hesitating is because this council -- many of the members on this council, not all, have recklessly disregarded the fact that jeopardizes our safety and our well-being, that we do not have enough revenue, and what we, as citizens, expect is for you councilmembers to come to terms with the fact that we do not have enough revenue. We've kicked the can down the road on our street so far that we're so far behind now, it's going to cost 60 million. If you had looked at this five years ago and bit the bullet then, we'd be way further down. We're losing money, and now, our safety is being jeopardized. This is not a poor community. We can afford to be safe. We can afford to pay our battalion chiefs. We can afford to pay our staff. The median income in this town is $187,000. We are one of the few communities that does not have a primary property tax. It's not a lot of money for anybody, but it would stop all of this ridiculous robbing Peter to pay Paul. I would very much and I think, many other residents of this town would like you to start facing the fact that there's not enough revenue. You need to find a new source of revenue. That doesn't mean wasteful spending. It means being a responsible, caring, committed Town Council person. Thank you. YARIAN: Mine will be short. I just want to echo both Eric and Beth of saying that we need to upgrade and have the regional automatic aid system, and not in January but now. Would you rather have reliable assistance during big emergencies this summer? And we need to retain staff to do that. BENDER: Pam Capp followed by Kim Bartman. CAPP: Pam Capp, nine-year resident and a retired police officer for 30 years. So public safety's pretty important to me, and the Fountain Hills Council's number one TOWN OF FOUNTAIN HILLS MAY 6, 2025 TOWN COUNCIL REGULAR MEETING MINUTES Page 63 of 76 responsibility is to keep the residents safe from harm. That's what we pay taxes for. Postponing automatic aid upgrades to our fire department is irresponsible, foolish, and short-sighted. This council appears willing to gamble on how lucky we will be over the next few months. If it's actually like past fire seasons with lightning strikes on McDowell Mountain Preserve, which brought the Hotshots to Fountain Hills, we should be making this upgrade the priority because the Hotshots won't be coming this year. 4,100 Forestry Department employees, both firefighters and support staff, have been fired by Trump, so don't expect them. Upgrading to automatic aid saves valuable time because when your house is burning or you're trapped in a car, time makes a difference. We currently have mutual aid. That's when captains request more help on fire and incident scenes. This is where time is lost. Cars -- calls are made to surrounding communities. Surrounding communities are asked to send help. If they have available units, they are sent. The difference in automatic aid is that dispatch can see on their computer screens which units from outside communities are closest and available. Those units are automatically sent saving valuable time. We are in fire season already. Why wait until January 2026 when this council can utilize the $373,000 saved on the Maricopa County Sheriff's contract. Utilize those savings and implement Chief Ott's recommendations. Keep the savings from the Maricopa County Sheriff's contract in the public safety category. It was mentioned that postponing the promotions would save $110,000 by not upgrading now. That simply isn't true. Our fire department already follows the automatic aid protocol. Even though we are not part of the program yet, Chief Ott plans ahead and is proactive. Signs of a good leader. Under that protocol, battalion chiefs are required. We currently only have captains. But the captains that perform battalion chief responsibilities receive step-up pay, so the savings are minimal, at best. We are still paying for battalion chiefs. They just don't get the promotions required to be part of the automatic aid. TOWN OF FOUNTAIN HILLS MAY 6, 2025 TOWN COUNCIL REGULAR MEETING MINUTES Page 64 of 76 Without these promotions, we will be stuck waiting for help instead of receiving it automatically. The homes in Fountain Hills are valued at much more than $110,000. Certainly, the lives of residents and our firefighters is valued at much more than that. I request that this council revisit the automatic aid upgrade and reassess Chief Ott's recommendations. This can save lives and property now. Don't play with fire because it's going to be us residents that get burned. BARTMAN: Kim Bartman, 23-year resident. First off, like I said last time I got up here, definitely want the 3.5 percent cost of living adjustment for the Town of Fountain Hills staff. And then, as far as the consideration of promoting the three captains to battalion chiefs, this and the move for the other personnel to backfill the position, as Chief Ott had said prior on his February 24th Council meeting, this will put the Fountain Hills Fire Department in a better position to participate in the automatic aid system. So please make this change ASAP, not wait until January. Thank you. BENDER: Mayor, Gene Selecta, and then the last speaker is Ed Stizza. SELECTA: Thank you, Mayor, Council. I'm Gene Selecta, a 30-year resident. Although I support the budget number in total, I have a few major concerns, and they've been covered pretty much. One is fire protection is important for any community. It's the number one responsibility of the Town, but it is critical for Arizona communities. We're in the center of fire alley. So with that in mind, why would we postpone fire protection needed until January? This is not, I believe, one of those nice-to-haves and something you can risk, so that request should be reinstated. Secondly, it's a travesty to a plan -- to plan for only a two and a half percent increase for our staff. The vast majority of economic predictions for 2025 inflation fall into the range of two and a half at the bottom to four percent at the top, and there is an unknown negative, in fact, from the planned Trump tariffs, which are taxes. They will raise our prices. Even Social Security's COLA this year is 2.5 percent, and I can tell you those COLAs rarely, I mean rarely, match inflation. If my math is correct, and I believe it is, a minor pay increase to three percent adds only TOWN OF FOUNTAIN HILLS MAY 6, 2025 TOWN COUNCIL REGULAR MEETING MINUTES Page 65 of 76 54,000 to the budget. That's barely $2 per capita in this town. You can't even get a cup of coffee for that. And if it was three and a half percent, then it would be $4 per capita. We can all afford that. Now, if all you paid volunteers just gave up your stipend, there would be enough for that three percent increase with money left over. Remember, you already gave up roughly $20,000 by not increasing the stipend. So please consider addressing my two concerns. Thank you. BENDER: Mayor, Gene was our last speaker. MAYOR FRIEDEL: Thank you. EARLE: Can I ask a -- MAYOR FRIEDEL: Councilwoman? EARLE: Can we request Chief Ott to come up here and I ask him a question? Thank you. OTT: Good evening, Mayor, Council. EARLE: Thank you. I just -- I want to know, are we actually postponing fire protection? And I thought you were still applying for the automatic aid and we will be getting that, or do -- are we waiting until January 1st until we could get it? Can you explain that to us? OTT: Mayor, Councilmember, I'm waiting until June 3rd when the budget's adopted before I can make the guarantee to the Life Safety Council that we would provide battalion chiefs. Did that answer your question? EARLE: So if we did not move them up to battalion chief, you will not be applying for the automatic aid? OTT: Well, we'll still apply for automatic aid. It's just I need to know at what point I can tell them that we would have the battalion chiefs in place with that funding. So it's kind of contingent on the budget being adopted whether or not those funds are available to fund those positions. EARLE: So if we -- but I thought we had approved funding that January 1st. Would you, then, still have to wait until January 1st? OTT: No, but after June 3rd, once the budget's signed -- TOWN OF FOUNTAIN HILLS MAY 6, 2025 TOWN COUNCIL REGULAR MEETING MINUTES Page 66 of 76 EARLE: Right. OTT: -- then I'll -- EARLE: Then you can apply? OTT: -- then I'll believe that you committed to it, but -- EARLE: Oh, then you'll believe we committed to it? OTT: Yeah. EARLE: Okay. Thank you. OTT: Until you sign the proposed budget -- EARLE: Okay. OTT: -- I have no way of knowing that that's a -- EARLE: Okay. OTT: -- that we're moving forward with that, so -- EARLE: So you're wondering if we weren't approving it for January 1st is what you're saying? OTT: We'll move forward with it either way with the -- EARLE: Okay. OTT: -- once the budget's adopted so I know we can fund the positions. EARLE: Okay. Thank you. MAYOR FRIEDEL: Councilman Watts? WATTS: Point in clarification. Initially, in the budget, we had six battalion chiefs; is that correct? OTT: No. Three battalion chiefs, and then promoting three -- backfilling the three captains that were promoted to battalion chief. There were six -- WATTS: So -- OTTS: -- six positions total, sir. WATTS: Okay. Six positions. But aren't we moving -- isn't the half of it we've approved promoting those three battalion chiefs so that you can apply for the auto aid? So we're starting the process and some of the advancements? Not all of them, but some of them? TOWN OF FOUNTAIN HILLS MAY 6, 2025 TOWN COUNCIL REGULAR MEETING MINUTES Page 67 of 76 SOLDINGER: Michael will say it more artfully. STELPSTRA: Mayor, Councilmembers, the 11 -- or the 111,000 that's in there would be for promoting three battalion chiefs at January -- beginning of January as well as backfilling those promotions with three captain promotions and three engineer promotions, so a total of nine promotions there that would be funded from that beginning January 1st. It is my understanding from Chief, though, is it's -- that you're not waiting to apply for auto aid when those promotions are done. You're just waiting for the commitment that they will eventually be done, so -- OTT: Correct. WATTS: Okay. Thank you. OTT: Thank you. The numbers guys are better at that than I am. MAYOR FRIEDEL: Councilwoman? MCMAHON: Thank you very much. Chief Ott, if it's approved for it to happen June 3rd, if we amend the motion to include this in the budget now, you will be able to promote them sooner and apply for automatic aid rather than waiting until January? I'm trying to understand the process. And as far as, like you say, well, once the budget's approved, I could do applications; however, you still can't promote because you're not going to have the money to do that until January. So do you want the money June? Do you want the money January, I guess, is the question. OTT: Mayor, Councilmember -- MCMAHON: We're trying to figure it out. OTT: -- I would always take the money sooner, but with that commitment, with the budget being signed, that gives me the ability to let the Life Safety Council know that we're serious about the commitment, that the funding is going to be there as we'll move forward with putting those positions in place, that we'd be ready to go January 1st based on what happens on the 3rd. Prior to that, we still are bumping people up into those positions. It's just not as cost effective as it will be to fully fund those positions. MCMAHON: So it would be better to have the money approved in the June budget? OTT: If you're asking if I would take all the money starting in July, I absolutely would TOWN OF FOUNTAIN HILLS MAY 6, 2025 TOWN COUNCIL REGULAR MEETING MINUTES Page 68 of 76 take all the money in July. MCMAHON: Okay. With that in mind, I'd like -- if I'm -- I don't know if this is allowed -- to make an amended motion to approve the budget and also include the Fire Department's command structure, the payment for that. SKILLICORN: (Indiscernible) on the table. MCMAHON: Well, she just amended it -- GOODWIN: -- amendment (indiscernible). SKILLICORN: Should get a second. OTT: Thank you. Are you done with me? SOLDINGER: Do you mind staying right here just in case? Before you vote on the amendment, as I understand it, I can kind of let you know how that would impact the budget. It was the amendment for the COLA to be three percent instead of two and a half percent, so in that case, that would increase the General Fund departmental budgets by 51,351. That reduces the contingency from 1.07 million down to 1.02 million. So you still have the same overall General Fund budget, but it would just increase the departmental budgets. We'd increase the Streets Fund by $3,581 to account for additional COLA for the staff that are paid out of that fund, the Streets technicians and some of the Public Works staff, and out of the Economic Development Fund for the Economic Development Division, that would increase the budget by $1,358. So in total, with the amendment, since we don't have to -- it's very complicated, but we don't have to increase the General Fund budget at all. That's the same amount. But we would have to increase the Streets Fund and Economic Development Fund budgets by a total of $4,939. Hopefully, that was clear and helpful. MAYOR FRIEDEL: So we're going to vote on the amendment -- the first amendment. Roll call, please. BENDER: Councilmember Kalivianakis? KALIVIANAKIS: Aye. BENDER: Councilmember Skillicorn? TOWN OF FOUNTAIN HILLS MAY 6, 2025 TOWN COUNCIL REGULAR MEETING MINUTES Page 69 of 76 SKILLICORN: Nay. BENDER: Councilmember Earle? EARLE: Pass. KALIVIANAKIS: Is that a yea or a nay? Are you just not voting? EARLE: I said pass. KALIVIANAKIS: You're just not going to vote? EARLE: Pardon me? KALIVIANAKIS: Are you not voting? EARLE: I said pass. Correct. KALIVIANAKIS: Okay. EARLE: You've passed before. KALIVIANAKIS: Okay. No, I just wanted to make sure, which one of you commented. BENDER: Councilmember McMahon? MCMAHON: Aye. BENDER: Councilmember Watts? WATTS: Nay. BENDER: Vice Mayor Larrabee? LARRABEE: Nay. BENDER: And Mayor Friedel? MAYOR FRIEDEL: Aye. SKILLICORN: Now go back to Earle. BENDER: Councilmember Earle? MCMAHON: Can you go back? No? SKILLICORN: Yeah. That's what that means. MCMAHON: I didn't think so. I thought she (indiscernible). WATTS: You voted to approve. EARLE: No, I didn't. I passed. KALIVIANAKIS: She said pass. BENDER: So three-three. TOWN OF FOUNTAIN HILLS MAY 6, 2025 TOWN COUNCIL REGULAR MEETING MINUTES Page 70 of 76 SKILLICORN: Then it goes back. EARLE: It goes back to me? Is that what you -- SKILLICORN: So it can be an abstain, present, yes, no. GOODWIN: If you don't want to vote you can abstain. EARLE: Abstain. BENDER: Mayor, three-three. MAYOR FRIEDEL: Okay. We'll move on to the next amendment. MCMAHON: Thank you very much. I appreciate it. I'd like to amend the original motion to approve the budget and include the Fire Department command structure beginning in June. SOLDINGER: So in that -- with that amendment, before it moves forward, it wouldn't impact the overall budget at all. We'd just make the changes to the -- to the final budget to reduce the contingency by that amount and add the $111,000 to the Fire Department budget. MCMAHON: Thank you. Do I have a second? KALIVIANAKIS: Second. MAYOR FRIEDEL: Motion and a second. Roll call, please. BENDER: Councilmember McMahon? MCMAHON: Aye. BENDER: Councilmember Kalivianakis? KALIVIANAKIS: Aye. BENDER: Councilmember Watts? WATTS: Nay. BENDER: Councilmember Skillicorn? SKILLICORN: Nay. BENDER: Councilmember Earle? EARLE: Nay. BENDER: Vice Mayor Larrabee? LARRABEE: Nay. TOWN OF FOUNTAIN HILLS MAY 6, 2025 TOWN COUNCIL REGULAR MEETING MINUTES Page 71 of 76 BENDER: And Mayor Friedel? MAYOR FRIEDEL: Nay. BENDER: Mayor, five to two. MAYOR FRIEDEL: Now, the original motion. We have a motion. Do we have a second? BENDER: Um-hum. MAYOR FRIEDEL: Okay. Roll call, please. BENDER: Councilmember Watts? WATTS: Can I have the motion restated after all this? EARLE: I'll restate it. It was to pass the budget as written, or as is. WATTS: That's what it was? EARLE: No changes. SKILLICORN: That was the tentative budget. WATTS: Aye. BENDER: Councilmember Kalivianakis? KALIVIANAKIS: Aye. BENDER: Councilmember Skillicorn? SKILLICORN: I still think $48 million sounds much nicer than 53, so no. BENDER: Councilmember McMahon? MCMAHON: Aye. BENDER: Councilmember Earle? EARLE: Aye. BENDER: Vice Mayor Larrabee? LARRABEE: Aye. BENDER: And Mayor Friedel? MAYOR FRIEDEL: Aye. BENDER: Mayor, six to one. MAYOR FRIEDEL: Thank you. Consider and Action on the legislative bulletin. And I think, Rachael, you might have an update for us on that? GOODWIN: As we all -- I think everybody knows that the agenda calls and whatnot TOWN OF FOUNTAIN HILLS MAY 6, 2025 TOWN COUNCIL REGULAR MEETING MINUTES Page 72 of 76 Monday have been pretty quiet. They're working on getting the budget together. But I did want to kind of highlight one thing that was passed and signed, which is SB 1308, which has to do with enhancing the oversight of sober living homes. I know we supported that. We sent in letters to our legislators about it. So I wanted to note that that was something we supported that did get passed, so I thought that was a win as we await to hear the rest of these, but wanted to kind of make note of that. EARLE: Has that already gone to -- GOODWIN: Yeah, it's already been signed. Governor Hobbs has signed it. EARLE: Oh. Thank you. GOODWIN: Yes, absolutely. MAYOR FRIEDEL: That passed with bipartisan support, too. GOODWIN: It did. It did, which is great. MAYOR FRIEDEL: Anybody else? Any legislative updates? No? Council Direction to the Town Manager. Councilwoman? KALIVIANAKIS: Thank you, Mr. Mayor. Yeah, we've got two items, and the first would be -- and I think we've addressed this tonight -- the releasing of the documents of the personal audit that you did on Pierce Coleman, and I was just wondering when those documents would be available to the public. GOODWIN: I don't have them in digital form, so I'll work with Councilmember Earle to get -- to procure that, and I'll be happy to share that once it's available. KALIVIANAKIS: Okay. Great. Thank you very much. And then the other thing I'd like to address tonight is I noticed that the press table is missing back there. Was that broken, or is that under repair, and when is it coming back? GOODWIN: Councilmember, there was a discussion and a directive from the Mayor and several other councilmembers with the request to remove the table from the space. Given this is the Council chambers, the Mayor and Council has that prerogative. MCMAHON: I would like that put on an agenda because I wasn't asked -- KALIVIANAKIS: I -- well, I'm -- MCMAHON: -- and there are seven people on there, not three or four. TOWN OF FOUNTAIN HILLS MAY 6, 2025 TOWN COUNCIL REGULAR MEETING MINUTES Page 73 of 76 KALIVIANAKIS: I think -- LARRABEE: Point of order. You were not recognized. KALIVIANAKIS: Yeah, I think -- MAYOR FRIEDEL: You were not recognized. Please wait your turn. KALIVIANAKIS: Anyway, thank you, Mr. Mayor. And so yeah, this is the first I've heard of it. And I am on this council, and I'm surprised that I didn't know about that. Mr. Mayor, would you like to comment on that? We've had a media table for as long as I can remember. SKILLICORN: We can't talk about it. MAYOR FRIEDEL: It's not an agenda item, so if it appears on the future agenda, we'll be glad to discuss it. KALIVIANAKIS: I don't understand why we would remove that table. LARRABEE: Point of order. Unless you're suggesting an agenda item, this is not germane. KALIVIANAKIS: Well, then, I would like to suggest we put it on a future agenda item, that if it's -- I didn't know. I don't know if anybody else knew. But if it's been done, even without the Council knowing it, A, I'd like to put it on a future agenda so we can vote on whether we would like to welcome the press to our Town Council meetings. MAYOR FRIEDEL: That will be -- that'll come up for future agenda items, if you want to discuss it at that point. Right now, we're giving direction to the Town Manager. MCMAHON: I'd also want it on a future agenda item. MAYOR FRIEDEL: You were not recognized. Future agenda items. Did you want to put that on, Brenda? KALIVIANAKIS: Yeah, I really would, Mr. Mayor. I just think it's bad form not having the media in our Town Council meetings. I think it's pretty common for all the Town Councils to have press coverage. MAYOR FRIEDEL: The media is here. They're sitting in the back of the room. That does not preclude their attendance. SKILLICORN: (Indiscernible). TOWN OF FOUNTAIN HILLS MAY 6, 2025 TOWN COUNCIL REGULAR MEETING MINUTES Page 74 of 76 MCMAHON: We're not talking about it. It's not on the agenda. KALIVIANAKIS: I was just talking about getting the table back. SKILLICORN: I don't hear any seconds. MCMAHON: I do. SKILLICORN: You do? MCMAHON: I do. KALIVIANAKIS: Third? SKILLICORN: Doesn't get a third second. KALIVIANAKIS: I got a second. SKILLICORN: Yeah, you got two of them. MCMAHON: Are you recognized? KALIVIANAKIS: No, I think -- I think Peggy gave me a second. I'm looking for a third just to debate it, bring it onto a future agenda item. MAYOR FRIEDEL: Can I get a motion -- SKILLICORN: Mr. Mayor, I'm waiting to be recognized. MAYOR FRIEDEL: Oh, I'm sorry. I didn't see you. SKILLICORN: I would like a future agenda item to discuss staff and Council raises and CPI adjustments agendized so we can have a thorough discussion on that in a future meeting. WATTS: I second that. EARLE: I second that. WATTS: Nice try. EARLE: Third. SKILLICORN: And since that one got two seconds, I'd also like another one about official policy about travel. MCMAHON: About what? EARLE: Second. MCMAHON: About what? SKILLICORN: Travel. TOWN OF FOUNTAIN HILLS MAY 6, 2025 TOWN COUNCIL REGULAR MEETING MINUTES Page 75 of 76 LARRABEE: Third. MAYOR FRIEDEL: Councilman Skillicorn, are you talking about travel expenses, or just travel in general? SKILLICORN: It would be travel expenses, but I don't mind having an open-ended agenda item. MAYOR FRIEDEL: Okay. So you have a first and a second. I'm sorry. You got -- LARRABEE: Second and a third. MAYOR FRIEDEL: -- you got a second and a third, so we'll put that on a future agenda item. Anything else? SKILLICORN: No. MAYOR FRIEDEL: Can I get a motion and a second to adjourn? WATTS: Move to adjourn. LARRABEE: Second. MAYOR FRIEDEL: So done. TOWN OF FOUNTAIN HILLS MAY 6, 2025 TOWN COUNCIL REGULAR MEETING MINUTES Page 76 of 76 HAVING NO FURTHER BUSINESS, MAYOR GERRY M. FRIEDEL ADJOURNED THE REGULAR MEETING OF THE FOUNTAIN HILLS TOWN COUNCIL HELD ON MAY 6, 2025, AT 8:16 P.M. APPROVED: ____________________________________ GERRY M. FRIEDEL, MAYOR ATTEST: ____________________________________ BEVELYN BENDER, TOWN CLERK CERTIFICATION I HEREBY CERTIFY THAT THE FOREGOING MINUTES ARE A TRUE AND CORRECT COPY OF THE MINUTES OF THE REGULAR COUNCIL MEETING OF THE TOWN COUNCIL, FOUNTAIN HILLS, ARIZONA HELD ON MAY 6, 2025. I FURTHER CERTIFY THAT THE MEETING WAS DULY CALLED AND HELD AND THAT A QUORUM WAS PRESENT. ________________________________ BEVELYN BENDER, TOWN CLERK ITEM 7. B. TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Date: 06/03/2025 Meeting Type: Town Council Regular and Special Meetings Agenda Type: Consent Submitting Department: Public Works Prepared by: David Janover, Town Engineer Staff Contact Information: Justin Weldy, Public Works Director Request to Town Council Regular and Special Meetings (Agenda Language): CONSIDERATION AND POSSIBLE ACTION: Approving Resolution 2025-22, abandoning the 10' Public Utility and Drainage Easements along the south and southeast sides of 16409 E Arroyo Vista Drive (Application A25-000006) Staff Summary (Background) This is a proposal to abandon the pre-incorporation 10' Public Utility and Drainage Easements along the south and southeast property lines of Plat 206, Block 7, Lot 1 (16409 E Arroyo Vista Drive). The owners of the property are constructing a new driveway and block wall which will encroach into the existing easement. Staff have reviewed the site to determine the potential on-site drainage issues in addition to the Town's general interest in the easement. There is no need for the Town to retain the drainage easement proposed to be abandoned, with the understanding that the owner of the lot is required to pass the developed flows generated by the upstream lots across their property. All public utilities have approved the abandonment of this easement. 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 approval of Resolution 2025-22 SUGGESTED MOTION MOVE to approve Resolution 2025-22 Attachments Vicinity Map Aerial Photo Map Res 2025-22 BEELIN E H W Y SHEA BLVD PAL I S A D E S B L V D SAGUARO BLVD SAG U A R O B L V D PALIS A D E S B L V D PALISA D E S B L V D SA G U A R O B L V D FO U N T A I N H I L L S B L V D McDOWELL M O U N T A I N R D FOUNTA I N H I L L S B L V D SUNR I D G E D R EL L A G O B L V D AVEN U E O F T H E FOUN T A I N S PA N O R A M A D R FI R E R O C K C O U N T R Y C L U B D R CR E S T V I E W D R SIERRA M A D R E GRANDE BL V D G O L D E N E A G L E B L V D E A G L E R I D G E D R E A G L E R I D G E D R VICINITY MAP TOWN OF FOUNTAIN HILLS NORTH SCALE: 1" = 3500' All that is Ar i z o n a F O U N TAIN HIL L S T OWN OF INC. 1989 TOWN HALL DEVELOPMENT SERVICES DEPARTMENT SCOTTSDALE McDOWELL MOUNTAIN PARK FO R T M c D O W E L L Y A V A P A I N A T I O N SALT RIVER PIMA MARICOPA INDIAN COMMUNITY TOWN BOUNDARY SCOTTSDALE 16409 E Arroyo Vista Dr A25-000006 DEVELOPMENT SERVICES AERIAL PHOTO MAP A ll that is A r i z o n a F O U N T AIN HI L L S TOWN OF INC. 1989 2024 AERIAL ZONING:R-2 LOT 1 ABANDON 10' P.U.E. & D.E. E ARROYO VISTA DR LOT 2 VISTA CONDOS N D E S E R T S A G E D R RESOLUTION 2025-22 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST IT HAS IN THE PRE- INCORPORATION 10' PUBLIC UTILITY AND DRAINAGE EASEMENTS ALONG THE SOUTHERN AND SOUTHEASTERN PROPERTY LINES OF PLAT 206, BLOCK 7, LOT 1 (16409 E ARROYO VISTA DRIVE) FOUNTAIN HILLS, ARIZONA, AS RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF MARICOPA COUNTY, ARIZONA, BOOK 147 OF MAPS, PAGE 2, AND AFFIDAVIT OF CORRECTION RECORDED IN DOCKET 9785, PAGE 824, RECORDS OF MARICOPA COUNTY, ARIZONA. WHEREAS, the Mayor and Council of the Town of Fountain Hills (the “Town Council”), as the governing body of real property located in the Town of Fountain Hills (the “Town”), may require the dedication of public streets, sewer, water, drainage, and other utility easements or rights-of-way within any proposed subdivision; and WHEREAS, the Town Council has the authority to accept or reject offers of dedication of private property by easement, deed, subdivision, plat or other lawful means; and WHEREAS, all present utility companies have received notification of the proposed abandonment. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, as follows: SECTION 1. That the certain public utility and drainage easements, located at the southern and southeastern property lines of Plat 206, Block 7, Lot 1 (16409 E Arroyo Vista Drive) Fountain Hills, as recorded in the Office of the County Recorder of Maricopa County, Arizona, Book 147 of Maps, Page 2, and Affidavit of Correction recorded in Docket 9785, Page 824, Records of Maricopa County, Arizona, and as more particularly described in Exhibit A, attached hereto and incorporated herein by reference, are hereby declared to be abandoned by the Town. Certain lots within this subdivision are subject to lot-to-lot drainage runoff. The property owner is required to pass the developed flows generated by the upstream lots across their property. SECTION 2. That this Resolution is one of abandonment and disclaimer by the Town solely for the purpose of removing any potential cloud on the title to said property and that the Town in no way attempts to affect the rights of any private party to oppose the abandonment or assert any right resulting there from or existing previous to any action by the Town. PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills June 3, 2025. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: Gerry Friedel, Mayor Bevelyn Bender, Town Clerk REVIEWED BY: APPROVED AS TO FORM: Rachael Goodwin, Town Manager Town Attorney EXHIBIT "A" TOWN OF FOUNTAIN HILLS EASEMENT ABANDONMENT LOT 1 A25-000006 ITEM 7. C. TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Date: 06/03/2025 Meeting Type: Town Council Regular and Special Meetings 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 and Special Meetings (Agenda Language): CONSIDERATION AND POSSIBLE ACTION: Approving Resolution 2025-13, the designation of Paul Soldinger, Chief Fiscal Officer of the Town of Fountain Hills for FY26. Staff Summary (background) The Arizona Auditor General requires the 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 2025-13. SUGGESTED MOTION MOVE to approve Resolution 2025-13. Attachments RESOLUTION 2025-13 RESOLUTION NO. 2025-13 A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF FOUNTAIN HILLS, ARIZONA, DESIGNATING THE CHIEF FISCAL OFFICER FOR OFFICIALLY SUBMITTING THE FISCAL YEAR 2025-26 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; and 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 2025-26 AELR to the Arizona Auditor General 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 Town of Fountain Hills, Arizona, June 3, 2025. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: ___________________________________ __________________________________ MAYOR TOWN CLERK REVIEWED BY: APPROVED AS TO FORM: ____________________________________ __________________________________ TOWN MANAGER TOWN ATTORNEY ITEM 7. D. TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Date: 06/03/2025 Meeting Type: Town Council Regular and Special Meetings Agenda Type: Consent Submitting Department: Public Works Prepared by: David Janover, Town Engineer Staff Contact Information: Justin Weldy, Public Works Director Request to Town Council Regular and Special Meetings (Agenda Language): CONSIDERATION AND POSSIBLE ACTION: Approving Resolution 2025-23, Amendment Four to the Intergovernmental Agreement with the Flood Control District of Maricopa County for the Golden Eagle Park Dam Debris Mitigation Improvement Project. Staff Summary (Background) Golden Eagle Park lies in the flood impoundment area of Golden Eagle Park Dam. Previous flooding at the Park (particularly during storm events of Oct. 2, 2018 and of Sept. 23, 2019) have demonstrated the need for drainage improvements within the Park. J.E. Fuller prepared the "Golden Eagle Park Drainage Improvements Study, Technical Report" and presented its findings to the Town Council on 1-21-20 (Item 4.0 on that agenda). A contract with J.E. Fuller for the design of the recommended Phase 1 Drainage Improvements (primarily, accumulated sediment removal and grading enlarged drainage channels through the Park) was approved by the Town Council on 3-3-2020, and amended on 1-4-2022. Construction of Phase 1 improvements began in January 2025, and is almost complete. Town staff submitted a proposal to the Flood Control District of Maricopa County under its Small Projects Assistance Program in Oct. 2019, for the portion of the drainage improvements project that will improve the protection of the dam and downstream residences, including: Removal of accumulated sediment from the drainage channels near the dam. Removal of the inlet (Park side) steel access barrier at the Auxiliary Principal Outlet Structure (a 10' x 4' reinforced concrete box culvert through the dam). Removal of the drop inlet approach to that Structure. Regrading (lowering) the drainage channels near the dam (possible due to removal of the drop inlet approach). Placing debris catching features, such as bollards, upstream from the Outlet Structures. Constructing a sediment drop basin near the dam. FCDMC approved the Town's funding application in Oct. 2019. On April 7, 2020, Town Council approved Resolution 2020-14, adopting an IGA, which provided the legal basis for the FCDMC's participation in the project work - FCDMC will fund 75% of the fundable project costs during a two-year period (estimated to total $121,000; FCDMC participation is estimated to be $90,750. The funding period was from July 1, 2020 to June 30, 2022. The IGA specifically excluded FCDMC funding for various work (including R/W acquisition, permitting, construction management, O&M, landscaping, aesthetic features, and utilities). The Town was responsible for all other project costs, and for the operation and maintenance of the project features after their completion. During the project design phase, Town staff changes and scope modifications resulted in a schedule delay. The Town requested additional time from the Flood Control District, to allow the Town to complete the project construction within the funding period. The Flood Control District agreed to extend the construction funding period for 1 year, extending the deadline from June 30, 2022 to June 30, 2023. On May 3, 2022, Council adopted Amendment One to the IGA which extended the deadline, and represented the only modification to the IGA. On May 15, 2023, Council adopted Amendment Two to the IGA, again extending the deadline from June 30, 2023 to June 30, 2024 due to a delay related to extensive review comments from the Arizona Department of Water Resources (ADWR). During 2023-2024, the Arizona Department of Water Resources (ADWR) continued their review and provided comments on the plans, which were addressed by the design consultant. This review cycle extended longer than expected, and delayed the design completion. The Contractor completed preparation of the 100% construction plans, but construction would not be completed by June 30, 2024. On May 21, 2024, Council adopted Amendment Three to the IGA, extending the deadline from June 30, 2024 to June 30, 2025. While the Phase 1 drainage improvements are almost complete, ADWR is still reviewing the plans for the Phase 2 (dam-related) improvements. The Flood Control District of Maricopa County has agreed to extend the construction deadline for the Phase 2 drainage improvements by an additional year, from June 30, 2025 to June 30, 2026, and Amendment Four to the IGA establishes this time extension. Related Ordinance, Policy or Guiding Principle Town of Fountain Hills Ordinance 16-02 amended Fountain Hills Town Code Chapter 14, which addresses flood damage prevention relating to floodplain management. Risk Analysis Not approving this IGA would result in the Town missing the deadline for construction completion, and the Town would then have to fund the FCDMD portion of the project costs for the "Golden Eagle Park Dam - Debris Mitigation Improvements", currently estimated to be $90,750, in addition to all of its other proposed costs for upgrading the drainage facilities at Golden Eagle Park. Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff Recommends approval of Resolution 2025-23. SUGGESTED MOTION MOVE to adopt Resolution 2025-23. Fiscal Impact Fiscal Impact Fiscal Impact:$30,250 Budget Reference: Funding Source:CIP If Multiple Funds utilized, list here: Budgeted: if No, attach Budget Adjustment Form: Attachments Res 2025-23 IGA - Amendment 4 - Golden Eagle Park Dam RESOLUTION NO. 2024-23 A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF FOUNTAIN HILLS, MARICOPA COUNTY, ARIZONA, ADOPTING AMENDMENT FOUR TO AN INTERGOVERNMENTAL AGREEMENT WITH THE FLOOD CONTROL DISTRICT OF MARICOPA COUNTY RELATING TO THE DESIGN, RIGHTS-OF- WAY, ACQUISITION, UTILITY RELOCATIONS, CONSTRUCTION, CONSTRUCTION MANAGEMENT AND OPERATION AND MAINTENANCE OF THE GOLDEN EAGLE PARK DAM-DEBRIS MITIGATION IMPROVEMENT RECITALS: WHEREAS, by Resolution 2020-014 the Mayor and Town Council of the Town of Fountain Hills (the “Town”) approved an Intergovernmental Agreement with the Flood Control District of Maricopa County (the “District”) relating to design, rights-of-way, acquisition, utility relocations, construction, construction management, and operations and maintenance of the Golden Eagle Park Dam – Debris Mitigation Project (the “Agreement”); and WHEREAS, by Resolution 2022-017 the Town approved Amendment One to the Intergovernmental Agreement extending the completion date; and WHEREAS, by Resolution 2023-018 the Town approved Amendment Two to the Intergovernmental Agreement extending the completion date; and WHEREAS, by Resolution 2024-023 the Town approved Amendment Three to the Intergovernmental Agreement extending the completion date; and WHEREAS, the Town and the District desire to amend the Agreement to further extend the completion date. ENACTMENTS: NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. That the Town, through its Mayor and Council, hereby approves Amendment Four to the Intergovernmental Agreement (the “Agreement”), attached hereto as Exhibit A. SECTION 2. The Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to cause the execution of Amendment One to the Intergovernmental Agreement 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, Maricopa County, Arizona, this 3rd day of June, 2025. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: __________________________________ ____________________________________ Gerry Friedel, Mayor Bevelyn Bender, Town Clerk REVIEWED BY: APPROVED AS TO FORM: __________________________________ ____________________________________ Rachael Miller, Town Manager Town Attorney EXHIBIT A AMENDMENT FOUR TO THE INTERGOVERNMENTAL AGREEMENT IGA FCD 2020A010D PCN 699.21.31 PAGE 1 OF 5 AMENDMENT NO. 4 to Intergovernmental Agreement 2020A010 for the Design, Rights-of-Way Acquisition, Utility Relocations, Construction, Construction Management and Operation and Maintenance of the Golden Eagle Park Dam-Debris Mitigation Improvement Project between the Town of Fountain Hills and the Flood Control District of Maricopa County IGA FCD 2020A010D Agenda Item _________ This Amendment No. 4, also known as Intergovernmental Agreement (IGA) FCD2020A010D to IGA FCD 2020A010 is entered into by and between the Flood Control District of Maricopa County, a political subdivision of the State of Arizona, acting by and through its Board of Directors (the “DISTRICT”), and the Town of Fountain Hills, a municipal corporation, acting by and through its Mayor and Town Council, (the “TOWN”). The TOWN and the DISTRICT are collectively referred to as the PROJECT PARTNERS and as a PROJECT PARTNER. This Amendment shall become effective as of the date it has been executed by all PROJECT PARTNERS. STATUTORY AUTHORIZATION 1. The DISTRICT is empowered by Arizona Revised Statutes (A.R.S.) § 48-3603, as revised, to enter into this Agreement and has authorized the undersigned to execute this Agreement on behalf of the DISTRICT. 2. The TOWN is empowered by A.R.S. § 9-240(B), as amended, to enter into this Agreement and has authorized the undersigned to execute this Agreement on behalf of the TOWN. BACKGROUND 3. On October 19, 2022 the Board of Directors of the DISTRICT (the Board) adopted Resolution FCD 2022R003 (C-69-23-013-X-00) authorizing the DISTRICT to cost-share in projects recommended under the DISTRICT’s Small Project Assistance Program. IGA FCD 2020A010D PCN 699.21.31 PAGE 2 OF 5 4. On July 22, 2020, the Board approved IGA FCD 2020A010 authorizing the DISTRICT and the TOWN to cost-share in the Golden Eagle Park Dam-Debris Mitigation Improvement Project (PROJECT). 5. On June 8, 2022, the Board approved Amendment 1of IGA FCD 2020A010A authorizing a time extension for the Golden Eagle Park Dam-Debris Mitigation Improvement Project (PROJECT). 6. On June 28, 2023, the Board approved Amendment 2 of IGA FCD 2020A010B authorizing a time extension for the Golden Eagle Park Dam-Debris Mitigation Improvement Project (PROJECT). 7. On July 24, 2024, the Board approved Amendment 3 of IGA FCD 2020A010C authorizing a time extension for the Golden Eagle Park Dam0-Debris Mitigation Improvement Project (PROJECT). 8. Due to a delay in the construction start of PROJECT, the TOWN has requested and the DISTRICT has agreed to extend the completion date from June 30, 2025 to June 30, 2026. PURPOSE OF THE AGREEMENT 9. The purpose of this Amendment is to extend the PROJECT construction and funding from June 30, 2025 to June 30, 2026. TERMS OF AGREEMENT 7. The PROJECT DESIGN AND CONSTRUCTION COST is estimated to be $121,000 but is subject to change without amendment to this Agreement. 8. The DISTRICT shall: 8.1 Fund seventy-five percent (75%) of the PROJECT DESIGN AND CONSTRUCTION COST incurred and invoiced between July 1, 2021 and June 30, 2026, with the funding from the DISTRICT limited to a maximum of $500,000 in accordance with the DISTRICT’s Small Project Assistance Program. The DISTRICT’s current estimated funding share is $90,750. 9. The TOWN shall: 9.1 Fund the full PROJECT DESIGN AND CONSTRUCTION COST not reimbursed by the DISTRICT, making the TOWN’s estimated PROJECT DESIGN AND CONSTRUCTION COST share $30,250; and TOWN will fully fund all PROJECT costs for any work completed and invoiced before July 1, 2021 or after June 30, 2026. 9.2 Invoice the DISTRICT as follows: 9.2.1 After the construction contractor has mobilized and then started construction activities, the TOWN may invoice the DISTRICT for one-half (1/2) of its share of the PROJECT DESIGN AND CONSTRUCTION COST. IGA FCD 2020A010D PCN 699.21.31 PAGE 3 OF 5 9.2.2 Within thirty (30) days of completion of construction of the PROJECT, but no later than June 30, 2026, prepare a final accounting including change order costs not previously paid, and invoice the DISTRICT for the remainder of its share of the PROJECT DESIGN AND CONSTRUCTION COST incurred, if any, to date. 10. This Amendment IGA 2020A010D governs where terms conflict with the original IGA FCD 2020A010, Amendment 1 2020A010A, Amendment 2 2020A010B and Amendment 3 2020A010C. However, the original IGA FCD 2020A010 is applicable unless specifically changed by this Amendment. The paragraph numbering in this Amendment is coincidental and is not intended to indicate that these same numbered paragraphs in the original IGA FCD 2020A010 are being replaced in their entirety. 11. This Amendment shall expire either (a) one year from the date of execution by all PROJECT PARTNERS, or (b) upon both completion of the PROJECT and satisfaction of all funding obligations and reimbursements associated with this Agreement, whichever is the first to occur. However, by mutual written agreement of all PROJECT PARTNERS, this Agreement may be amended or terminated except as expressly stated in this Agreement. The operation and maintenance and indemnification provisions of this Agreement shall survive the expiration of this Agreement. 12. Attached to this Agreement or contained herein are the written determinations by the appropriate attorneys for the PROJECT PARTNERS, that these agencies are authorized under the laws of the State of Arizona to enter into this Agreement and that it is in proper form. 13. If legislation is enacted after the effective date of this Agreement that changes the relationship or structure of one or more PROJECT PARTNERS, the PROJECT PARTNERS agree that this Agreement shall be renegotiated at the written request of either PROJECT PARTNER. IGA FCD 2020A010D PCN 699.21.31 PAGE 4 OF 5 FLOOD CONTROL DISTRICT OF MARICOPA COUNTY A Political Subdivision of the State of Arizona Recommended by: Chief Engineer and General Manager Date Approved and Accepted: By: Chairman, Board of Directors Date Attest: By: Clerk of the Board Date The foregoing Amendment No. 4 FCD 22020A010D to Intergovernmental Agreement FCD 2020A010 has been reviewed pursuant to A.R.S. Section 11-952, as amended, by the undersigned General Counsel, who has determined that it is in proper form and within the powers and authority granted to the Flood Control District of Maricopa County under the laws of the State of Arizona. General Counsel Date IGA FCD 2020A010D PCN 699.21.31 PAGE 5 OF 5 TOWN OF FOUNTAIN HILLS A Municipal Corporation Approved and Accepted By: Town Mayor Date Attest: By: Town Clerk Date The foregoing Amendment No. 4 FCD 2020A010D to Intergovernmental Agreement FCD 2020A010 has been reviewed pursuant to A.R.S. Section 11-952, as amended, by the undersigned attorney who has determined that it is in proper form and within the power and authority granted to the Town of Fountain Hills under the laws of the State of Arizona. Town Attorney Date ITEM 8. A. TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Date: 06/03/2025 Meeting Type: Town Council Regular and Special Meetings 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 and Special Meetings (Agenda Language): PUBLIC HEARING regarding Resolution 2025-11, approving the final budget for the Town of Fountain Hills for the fiscal year beginning July 1, 2025, and ending June 30, 2026. RECESS REGULAR MEETING OPEN SPECIAL MEETING CONSIDERATION, AND POSSIBLE ACTION: RESOLUTION 2025-11 - ADOPTION OF FINAL BUDGET; RESOLUTION 2025-12 - BUDGET IMPLEMENTATION POLICY Town Council will consider a request to: (a) approving Resolution 2025-11, the Final Budget for the Town of Fountain Hills for the fiscal year beginning July 1, 2025, and ending June 30, 2026; (b) Approving Resolution 2025-12, and establishing the FY2026 Budget Implementation Policy and the Town's organizational charts, pay plans, schedule of authorized positions, updated employee job descriptions, and comprehensive fee schedule for fiscal year 2026. CLOSE SPECIAL MEETING RECONVENE REGULAR MEETING Staff Summary (background) 1) FY2026 FINAL BUDGET The Proposed Budget for fiscal year 2025-26 was presented to the Town Council and the public during the Budget Workshop on April 8, 2025. Following the Budget Workshop, the Town Council approved the Tentative Budget on May 6, 2025, establishing the maximum expenditure amount for all funds at $53.4M. Resolution 2025-11 adopts the adjusted Tentative Budget as the Final Budget for the fiscal year beginning July 1, 2025 and ending June 30, 2026. 2) Budget Implementation Policy Resolution 2025-12 establishes budget policies and procedures governing the determination of budgeted expenditures for the various departments and programs, supplementing budget adoption Resolution 2025-11. This Resolution, which includes the organizational charts, pay plans, schedule of authorized positions, updated employee job descriptions, and plans, schedule of authorized positions, updated employee job descriptions, and comprehensive fee schedule for fiscal year 2026, provides for consistent and uniform administration of the adopted Town budget for FY 2025-26. Related Ordinance, Policy or Guiding Principle 1) FY2026 Final Budget: A.R.S. § 42-17105 2) Budget Implementation Policy: Town Code Section 3-1-1 & Council-Adopted Financial Policies Risk Analysis 1) FY2026 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) approve Resolution 2025-11 for the FY2026 final budget; (b) approve Resolution 2025-12 for the FY2026 Budget Implementation Policy. SUGGESTED MOTION MOVE to approve Resolution 2025-11 for the fiscal year 2026 final budget; and Resolution 2025-12 for the fiscal year 2026 Budget Implementation Policy, Organizational Charts, Pay Plans, Schedule of Authorized Positions, Updated Employee Job Descriptions, and Comprehensive Fee Schedule. Attachments RES2025-11 RES2025-11 Exhibit A RES2025-12 RES2025-12 Exhibit A RES2025-12 Exhibit B RES2025-12 Exhibit C Presentation RESOLUTION 2025-11 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, 2025 AND ENDING JUNE 30, 2026 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 6, 2025, 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 June 3, 2025, at which meeting any taxpayer was provided with the opportunity to appear and be heard in favor of or against 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, 2025 and ending June 30, 2026. 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. RESOLUTION 2025-11 PAGE 2 PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, Arizona, June 3 , 2025. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: MAYOR TOWN CLERK REVIEWED BY: APPROVED AS TO FORM: TOWN MANAGER TOWN ATTORNEY 3 EXHIBIT A TO RESOLUTION 2025-11 [Budget Statements and Schedules] See following pages. Official Budget Forms Town of Fountain Hills Fiscal year 2026 6/23 Arizona Auditor General Official City/Town Budget Forms 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) Town of Fountain Hills Table of Contents Fiscal year 2026 Schedule A—Summary Schedule of estimated revenues and expenditures/expenses Schedule B—Tax levy and tax rate information 6/23 Arizona Auditor General Official City/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 2025 Adopted/adjusted budgeted expenditures/expenses* E 1 25,707,788 10,325,460 20,360 8,498,025 0 0 600,000 45,151,633 2025 Actual expenditures/expenses** E 2 23,062,984 9,342,673 10 4,770,440 0 0 525,404 37,701,511 2026 Beginning fund balance/(deficit) or net position/(deficit) at July 1*** 3 14,195,144 12,970,079 40,436 11,244,650 0 0 10,343,422 48,793,731 2026 Primary property tax levy B 4 0 0 0 0 0 0 0 2026 Secondary property tax levy B 5 0 0 0 0 0 0 0 2026 Estimated revenues other than property taxes C 6 26,051,539 10,376,350 700 4,089,383 0 0 622,900 41,140,872 2026 Other financing sources D 7 0 0 0 0 0 0 0 0 2026 Other financing (uses) D 8 0 0 0 0 0 0 0 0 2026 Interfund transfers in D 9 0 150,000 0 6,900,000 0 0 0 7,050,000 2026 Interfund Transfers (out) D 10 0 5,550,000 0 1,500,000 0 0 0 7,050,000 2026 Line 11: Reduction for fund balance reserved for future budget year expenditures Maintained for future debt retirement 0 Maintained for future capital projects 4,176,040 5,400,000 9,576,040 Maintained for future financial stability 10,019,104 10,019,104 Maintained for future retirement contributions 0 0 2026 Total financial resources available 12 26,051,539 17,946,429 41,136 20,734,033 0 0 5,566,322 70,339,459 2026 Budgeted expenditures/expenses E 13 26,051,539 13,037,949 1,060 12,776,750 0 0 1,529,100 53,396,398 Expenditure limitation comparison 2025 2026 1 Budgeted expenditures/expenses 45,151,633$ 53,396,398$ 2 Add/subtract: estimated net reconciling items (119,359) (82,309) 3 Budgeted expenditures/expenses adjusted for reconciling items 45,032,274 53,314,089 4 Less: estimated exclusions 9,449,491 16,732,213 5 Amount subject to the expenditure limitation 35,582,783$ 36,581,876$ 6 EEC expenditure limitation or voter-approved alternative expenditure limitation 35,588,003$ 36,581,877$ * ** ***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 Town of Fountain Hills Summary Schedule of estimated revenues and expenditures/expenses Fiscal year 2026 Includes actual amounts as of the date the proposed budget was prepared, adjusted for estimated activity for the remainder of the fiscal year. 6/23 Arizona Auditor General Schedule A Official City/Town Budget Forms 2025 2026 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 (3) Total secondary property taxes $ C. Total property taxes collected $ 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 2026 Maximum allowable primary property tax levy. A.R.S. §42-17051(A) Property tax judgment Property tax judgment Property tax judgment Property tax judgment 6/23 Arizona Auditor General Schedule B Official City/Town Budget Forms Estimated revenues Actual revenues* Estimated revenues 2025 2025 2026 General Fund Local taxes Local Sales Tax $14,858,589 $16,345,623 $14,962,027 Franchise Tax 390,000 324,800 350,000 Licenses and permits Business License Fees 117,785 93,967 114,094 Residential Rental License 50,000 31,588 28,523 Liquor License Fees 500 3,192 2,000 Building Permit Fees 400,000 455,001 450,000 Sign Permits 3,350 4,316 3,350 Landscape Permit Fees 3,780 2,993 3,780 Subdivision Fees 36,000 42,301 40,000 Special Event Permits 8,500 34,274 18,100 Engineering Fees 5,550 7,727 5,550 Third Party Revenues Planning & Zoning Fees 20,060 13,524 20,060 Plan Review Fees 56,750 42,227 50,000 Intergovernmental State Sales Tax 3,628,998 3,568,035 3,639,515 Fire Insurance Premium Tax 48,516 48,516 75,000 Shared Income Tax 5,108,090 5,010,162 4,698,139 Charges for services Parks & Rec User Fees 255,265 298,779 260,000 Encroachment Fees 50,000 22,260 100,000 Variances 2,600 9,084 5,000 Inspection Fees 29,000 42,235 35,000 Leases & Rents 289,278 403,695 379,914 Fines and forfeits Court Fines 200,000 212,184 210,000 Interest on investments Interest on Investments 100,000 588,304 348,507 In-lieu property taxes Contributions Voluntary contributions 71,400 47,587 60,000 Miscellaneous Miscellaneous 90,805 319,576 192,980 Total General Fund $25,824,816 $27,971,948 $26,051,539 * Town of Fountain Hills Revenues other than property taxes Fiscal Year 2026 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 6/23 Arizona Auditor General Schedule C Official City/Town Budget Forms Estimated revenues Actual revenues* Estimated revenues 2025 2025 2026 Town of Fountain Hills Revenues other than property taxes Fiscal Year 2026 Source of revenues Special revenue funds Highway User Revenue Fund Highway User Tax 1,823,078 $1,837,437 $1,890,627 Vehicle License Tax 1,215,914 1,190,579 1,277,830 Local Sales Tax 1,212,573 1,355,899 1,242,326 In-Lieu Fees 100,000 80 100,000 Recycle Proceeds 1,000 325 1,000 Interest 10,000 564,256 191,193 Miscellaneous 30,000 30,000 $4,392,565 $4,948,576 $4,732,976 Downtown Strategy Fund Sales-Excise Tax 121,257 $135,590 $124,233 Interest 600 32,696 13,830 $121,857 $168,286 $138,063 Economic Development Fund Sales-Excise Tax 485,029 $542,360 $496,930 Miscellaneous 1,449 Interest 240 27,547 10,766 $485,269 $571,356 $507,696 Tourism Fund Grants 84,000 $164,992 $150,000 Interest 180 13,496 3,000 Miscellaneous 1,431 $84,180 $179,919 $153,000 Special Revenue Fund - Grants Intergovernmental-State $1,190,000 $365,368 $1,690,000 Intergovernmental-Federal 250,000 3,000,000 Interest 4,824 $1,190,000 $620,192 $4,690,000 Public Art In-Lieu Fees $100,000 $68,574 $100,000 Interest 240 1,541 820 $100,240 $70,115 $100,820 Court Enhancement Fund Court Enhancement/JCEF Revenue $33,000 $29,955 $33,000 Interest 300 12,029 8,789 $33,300 $41,984 $41,789 Environmental Fund Environmental Fee $1,772 Interest 2,400 11,680 $2,400 $13,452 $ Cottonwoods Maintenance District Assessments $9,768 $9,509 $11,606 Interest Income 72 749 400 $9,840 $10,258 $12,006 Total special revenue funds $6,419,651 $6,624,136 $10,376,350 *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. 6/23 Arizona Auditor General Schedule C Official City/Town Budget Forms Estimated revenues Actual revenues* Estimated revenues 2025 2025 2026 Town of Fountain Hills Revenues other than property taxes Fiscal Year 2026 Source of revenues Debt service funds General Obligation Debt Service Interest Income $600 $2,037 $500 $600 $2,037 $500 Eagle Mountain CFD Assessments $$$ Interest Income 100 253 $100 $253 $ Municipal Property Corp Interest Income $300 $483 $200 $300 $483 $200 Total debt service funds $1,000 $2,773 $700 Capital projects funds Capital Projects Fund Sales Tax-Local $904,856 $1,281,065 $1,188,207 Grants 2,652,500 98,926 2,190,750 Interest 10,000 468,188 170,000 $3,567,356 $1,848,179 $3,548,957 Fire Development Fee Fund Development Fees $12,780 $9,169 $17,228 Interest Income 1,000 8,955 4,102 $13,780 $18,123 $21,330 Streets Development Fee Fund Development Fees $200,740 $125,471 $266,141 Interest Income 1,000 34,244 15,227 $201,740 $159,715 $281,368 Parks & Recreation Development Fee Fund Development Fees $166,030 $126,673 $224,096 Interest Income 1,000 60,383 13,632 $167,030 $187,056 $237,728 Total capital projects funds $3,949,906 $2,213,074 $4,089,383 *Includes actual revenues recognized on the modified accrual or accrual basis as of the date the proposed budget was prepared, plus estimated revenues for the remainder of the fiscal year. 6/23 Arizona Auditor General Schedule C Official City/Town Budget Forms Estimated revenues Actual revenues* Estimated revenues 2025 2025 2026 Town of Fountain Hills Revenues other than property taxes Fiscal Year 2026 Source of revenues Permanent funds N/A $$$ $$$ Total permanent funds $$$ Enterprise funds N/A $$$ $$$ Total enterprise funds $$$ *Includes actual revenues recognized on the modified accrual or accrual basis as of the date the proposed budget was prepared, plus estimated revenues for the remainder of the fiscal year. 6/23 Arizona Auditor General Schedule C Official City/Town Budget Forms Estimated revenues Actual revenues* Estimated revenues 2025 2025 2026 Town of Fountain Hills Revenues other than property taxes Fiscal Year 2026 Source of revenues Internal service funds Facilities Reserve Fund Miscellaneous $$$ Interest Income 1,000 357,989 140,000 $1,000 $357,989 $140,000 Technology Replacement Fund Internal Service Charges $$62,002 $65,511 Interest Income 8,452 $$62,002 $65,511 Vehicle Replacement Fund Vehicle Replacement Charges $$356,027 $368,337 Interest Income 1,000 109,694 49,052 $1,000 $465,721 $417,389 Total internal service funds $2,000 $885,712 $622,900 Total all funds $36,197,373 $37,697,643 $41,140,872 *Includes actual revenues recognized on the modified accrual or accrual basis as of the date the proposed budget was prepared, plus estimated revenues for the remainder of the fiscal year. 6/23 Arizona Auditor General Schedule C Official City/Town Budget Forms Fund Sources (Uses)In (Out) General Fund General Fund $$$$ Total General Fund $$$$ Special revenue funds Streets Fund $$$$5,400,000 Downtown Strategy Fund Economic Dev Fund 150,000 Tourism Fund 150,000 Environmental Fund Total special revenue funds $$$150,000 $5,550,000 Debt service funds N/A $$$$ Total debt service funds $$$$ Capital projects funds Capital Projects Fund $$$6,900,000 $ Parks & Rec Development Fee Fund 700,000 Streets Development Fee Fund 800,000 Total capital projects funds $$$6,900,000 $1,500,000 Permanent funds N/A $$$$ Total permanent funds $$$$ Enterprise funds N/A $$$$ Total enterprise funds $$$$ Internal service funds Facilities Reserve Fund $$$$ Technology Replacement Fund Vehicle Replacement Fund Total Internal Service Funds $$$$ Total all funds $ $ $ 7,050,000 $ 7,050,000 2026 2026 Town of Fountain Hills Other financing sources/(uses) and interfund transfers Fiscal year 2026 Other financing Interfund transfers 6/23 Arizona Auditor General Schedule D Official City/Town Budget Forms Adopted budgeted expenditures/ expenses Expenditure/ expense adjustments approved Actual expenditures/ expenses* Budgeted expenditures/ expenses Fund/Department 2025 2025 2025 2026 General Fund Mayor & Town Council $73,040 $$63,929 $73,455 Administration 3,270,412 (1,500)3,111,847 3,252,618 General Government 2,532,053 (265,028)768,467 1,899,944 Municipal Court 526,374 524,379 548,969 Public Works 1,702,310 140,000 1,611,865 2,488,886 Development Services 1,578,897 1,448,030 1,532,513 Community Services 4,202,955 9,500 3,984,710 4,427,565 Fire & Emergency Medical 5,694,859 5,305,841 5,966,584 Law Enforcement 6,243,916 6,243,916 5,861,005 Total General Fund $25,824,816 $(117,028)$23,062,984 $26,051,539 Special revenue funds Streets Fund $7,087,540 $594,775 $7,365,654 $7,244,627 Downtown Strategy Fund 90,200 100,000 167,029 165,200 Economic Development Fund 315,293 264,320 471,378 Tourism Fund 417,378 17,028 356,335 333,425 Special Revenue Fund 1,190,000 769,477 4,690,000 Public Art Fund 41,761 31,129 40,214 Court Enhancement Fund 52,500 14,792 77,500 Environmental Fund 404,804 366,057 Cottonwoods Maint District 14,181 7,881 15,605 Total special revenue funds $9,613,657 $711,803 $9,342,673 $13,037,949 Debt service funds General Obligation Bonds $350 $$$350 Eagle Mountain CFD 19,500 200 Municipal Property Corp 510 10 510 Total debt service funds $20,360 $$10 $1,060 Capital projects funds Capital Projects $9,092,800 $(594,775)$4,770,440 $12,712,800 Fire/Emergency Dev Fee 1,964 Streets Dev Fee 31,146 Park/Rec Dev Fee 30,840 Total capital projects funds $9,092,800 $(594,775)$4,770,440 $12,776,750 Permanent funds N/A $$$$ Total permanent funds $$$$ Enterprise funds N/A $$$$ Total enterprise funds $$$$ Internal service funds Facilities Reserve Fund $550,000 $$488,708 $1,000,000 Technology Replacement Fund 50,000 36,696 50,000 Vehicle Replacement Fund 479,100 Total internal service funds $600,000 $$525,404 $1,529,100 Total all funds $ 45,151,633 $ $ 37,701,511 $ 53,396,398 * Expenditures/expenses by fund Fiscal year 2026 Town of Fountain Hills Includes actual expenditures/expenses recognized on the modified accrual or accrual basis as of the date the proposed budget was prepared, plus estimated expenditures/expenses for the remainder of the fiscal year. 6/23 Arizona Auditor General Schedule E Official City/Town Budget Forms Adopted budgeted expenditures/ expenses Expenditure/ expense adjustments approved Actual expenditures/ expenses* Budgeted expenditures/ expenses 2025 2025 2025 2026 Mayor & Council General Fund $ 73,040 $ $ 63,929 $ 73,455 Department total $73,040 $$63,929 $73,455 Administration General Fund $ 3,270,412 $ (1,500) $ 3,111,847 $ 3,252,618 Downtown Strategy Fund 90,200 100,000 167,029 165,200 Economic Development Fund 315,293 264,320 471,378 Tourism Fund 417,378 17,028 356,335 333,425 Special Revenue Fund 1,190,000 (701,049) 202,308 4,690,000 General Obligation Debt 350 350 Eagle Mountain CFD 19,500 200 Municipal Property Corp 510 10 510 Cottonwoods Maint District 14,181 7,881 15,605 Capital Projects 677,800 (400,000) 117 1,167,800 Department total $5,995,624 $(985,521)$4,109,846 $10,097,086 General Government General Fund $ 2,532,053 $ (265,028) $ 768,467 $ 1,899,944 Technology Replacement 50,000 36,696 50,000 Vehicle Replacement 415,000 Department total $2,582,053 $(265,028)$805,163 $2,364,944 Municipal Court General Fund $ 526,374 $ $ 524,379 $ 548,969 Court Enhancement Fund 52,500 14,792 77,500 Department total $578,874 $$539,171 $626,469 Public Works General Fund $ 1,702,310 $ 140,000 $ 1,611,865 $ 2,488,886 Streets Fund 7,087,540 594,775 7,365,654 7,244,627 Special Revenue Fund 168,049 26,113 Environmental Fund 404,804 366,057 Capital Projects 6,885,000 134,225 3,928,292 9,950,000 Facilities Replacement Fund 550,000 488,708 1,000,000 Vehicle Replacement 64,100 Streets Development Fees 31,146 Department total $16,629,654 $1,037,049 $13,786,689 $20,778,759 Development Services General Fund $ 1,578,897 $ $ 1,448,030 $ 1,532,513 Department total $1,578,897 $$1,448,030 $1,532,513 Community Services General Fund $ 4,202,955 $ 9,500 $ 3,984,710 $ 4,427,565 Special Revenue Fund 533,000 541,056 Public Art Fund 41,761 31,129 40,214 Capital Projects 1,530,000 (329,000) 842,032 1,595,000 Parks/Rec Development Fees 30,840 Department total $5,774,716 $213,500 $5,398,926 $6,093,619 Fire & Emergency Medical General Fund $ 5,694,859 $ $ 5,305,841 $ 5,966,584 Fire/EMS Development Fees 1,964 Department total $5,694,859 $$5,305,841 $5,968,548 Law Enforcement General Fund $ 6,243,916 $ $ 6,243,916 $ 5,861,005 Department total $6,243,916 $$6,243,916 $5,861,005 * Expenditures/expenses by department Fiscal year 2026 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 6/23 Arizona Auditor General Schedule F 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 2026 2026 2026 2026 2026 2026 104.45 $ 9,189,298 $ 944,332 $ 745,728 $ 873,808 $ 11,753,166 Streets Fund 7.05 $ 601,922 $ 66,460 $ 91,642 $ 56,465 $ 816,489 Economic Development Fund 2.00 246,687 27,327 17,156 7,838 299,008 Total special revenue funds 9.05 $ 848,609 $ 93,787 $ 108,798 $ 64,303 $ 1,115,497 $ $ $ $ $ Total debt service funds $ $ $ $ $ $ $ $ $ $ Total capital projects funds $ $ $ $ $ $ $ $ $ $ Total permanent funds $ $ $ $ $ $ $ $ $ $ Total enterprise funds $ $ $ $ $ $ $ $ $ $ Total internal service fund $ $ $ $ $ Total all funds 113.50 $ 10,037,907 $ 1,038,119 $ 854,526 $ 938,111 $ 12,868,663 Internal service funds Special revenue funds Debt service funds Capital projects funds Permanent funds Enterprise funds Fund Town of Fountain HillsFull-time employees and personnel compensation Fiscal year 2026 General Fund 6/23 Arizona Auditor General Schedule G Official City/Towns Budget Forms RESOLUTION 2025-12 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, ADOPTING AND ESTABLISHING THE 2025-26 BUDGET IMPLEMENTATION POLICY AND APPROVING THE TOWN ORGANIZATION CHARTS, THE 2025-26 PAY PLANS, THE SCHEDULE OF AUTHORIZED POSITIONS, THE EMPLOYEE JOB DESCRIPTIONS, AND THE 2025-26 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 monies by monitoring expenditures, has determined it necessary to adopt a budget implementation policy for the fiscal year 2025-26 Town Budget (the “2025-26 Budget Implementation Policy”) governing the expenditures within the fiscal year 2025-26 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 2025-26 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 2025-26 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 2025-26 Comprehensive Fee Schedule, effective July 1, 2025, 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. RESOLUTION 2025-12 PAGE 2 PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, Arizona, June 3, 2025. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: MAYOR TOWN CLERK REVIEWED BY: APPROVED AS TO FORM: TOWN MANAGER TOWN ATTORNEY EXHIBIT A TO RESOLUTION 2025-12 [2025-26 Budget Implementation Policy] See following pages. 2 TOWN OF FOUNTAIN HILLS 2025-26 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 within the Capital Improvement Plan. C. “Contingency” is a budget appropriation used for unforeseen, emergency, or critical needs when current budget appropriations are inadequate and revenues are adequate to support. D. “Fund(s)” is a fiscal and accounting mechanism with a self-balancing set of accounts to record the receipt, use, and/or transfer of financial resources. 2. Transfer of budget authority. A. Transfers within a Fund. After adoption of the fiscal budget by the Town Council, any Budget Unit may reprogram budget authority within the Budget Unit’s line items. Budget units will be controlled by bottom line total only. Transfers between General Fund Budget Units are allowed with the approval of the Department Director, Chief Financial Officer, and Town Manager. Transfers of Contingency from the General Government Department more than the Town Manager’s purchasing authority must also be approved by the Town Council according to Section 10. A report on 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 transfer of budget authority between Funds will require approval from the Town Council according to the standards set forth in ARS §42-17106. C. Reprogramming of Payroll Expenses. No budget authority may be reprogrammed to or from the “payroll expenses” section (5000 series Object Codes) 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 will notify the Finance Division of approved transfers of budget authority to or from the “payroll expenses” section of the budget. D. Reprogramming of Capital Expenditures. No budget authority may be 3 reprogrammed to or from the “capital expenditures” section (8000 series Object Codes) 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 budget authority. 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 budget, the Finance Division shall notify the Budget Unit, in writing, that the budget 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 of in the budget for the balance of the fiscal year or to request additional budget authority as set forth in Subsection 3(C) below. C. Requests for Additional Budget Authority. When additional budget authority is requested, the Finance Division and Town Manager must concur before the Budget Unit may use the additional budget authority. If the additional budget authority requires a transfer between Funds, the recommendation shall be forwarded to the Town Council for approval. Any Budget Unit that has exceeded its budget shall submit an expenditure reduction program to the Town Manager through the Finance Division as part of any request for additional budget authority. The expenditure reduction program shall include, but not be 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 use of existing budget 4 authority, 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 2025-26 budget is intended to implement the Town Council’s top fiscal priorities. The Council has provided directions to staff at various public meetings and workshops throughout the budget process before the adoption of the tentative and final budgets for the upcoming year. 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 an 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 the Administrative Services division, 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, or other agreements 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 part of an intergovernmental agreement, grant, or other agreement. (4) All authorized positions must be fully funded by the General Fund, 5 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 2025-26 Authorized Positions. The following lists position revisions: Salary and/or Job Description Reclassifications: •Fire Training Captain to Assistant Fire Chief •Building Permit Technician to Senior Building Permit Technician •Management Analyst to Economic Development Specialist •Executive Assistant to the Town Manager and Town Council to Executive Assistant to the Town Manager and Town Council / Deputy Town Clerk •Beginning in January of 2026; Three Fire Captains to Fire Battalion Chiefs; Three Fire Engineers to Fire Captains; and Three Firefighters to Fire Engineers Added Positions: •1.0 full-time equivalent (FTE) Street Maintenance Technician at an hourly salary range of $24.43 - $34.93 •.55 FTE Park Attendant at an hourly salary range of $19.67 - $28.13 •.25 FTE Operations Support Worker at an hourly salary range of $19.67 - $28.13 Position Decreases: •.4 FTE Building Permit Technician from 1.0 FTE to .6 FTE •.4 FTE I.T. Support Specialist from 1.0 FTE to .6 FTE •.5 FTE Fire Administrative Assistant from 1.0 FTE to .5 FTE Other Changes: Minor edits to several job descriptions 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 2025-12). 7. Hiring Freeze. There is no hiring freeze in effect for FY 2025-26, 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 6 full pay period after July 1, 2025, as follows: A. Individual Salaries. All Town of Fountain Hills employees, except those with individual employment contracts, shall receive a 2.5% increase beginning with the first full pay period after July 1, 2025. In the case of individual employment contracts, the terms of the contract will be administered. B. Pay Ranges. The pay ranges for all exempt & non-exempt employees are increased by 2.5% effective with the first full pay period after July 1, 2025. C. Reconciliation to New Pay Ranges. After the adjustments made in accordance with Subsection 8(A) and (B) above, any employees with salaries not meeting the minimum range 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 Exhibit C to the Town Council Resolution that adopts this Policy (Resolution 2025- 12) and authorizes the fees for fiscal year 2025-26. 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 budget authority from which specific amounts can be transferred after adoption of the annual budget to cover unforeseen, emergency, or critical needs 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 the 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. 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 approves budget authority to purchase vehicles/equipment and to complete capital projects as part of the fiscal year 2025-26 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 7 final budget adoption within the Capital Improvement Plan 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 expenditures. Town staff will seek subsequent Council approval only for substantial modifications to project scope or cost. For this fiscal year 2025-26 Budget Implementation Policy, “…substantial modifications to project scope or cost…” is defined as any increase higher than the Town Manager’s purchasing authority. Further, Council approval of “Yellow Light” projects includes 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. During the fiscal year, requests for vehicles/equipment and capital expenditures are subject to the conditions below. 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 budget authority or requesting additional budget authority. 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 the Town Council. B. Requests over $50,000. All additional budget authority requests for vehicles/equipment and capital expenditure 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. EXHIBIT B TO RESOLUTION 2025-12 [Organization Charts, 2025-26 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 From July 1, 2025 through December 31, 2025 *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 ManagerExecutive Assistant to Town Deputy Town Clerk Executive Assistant to Town Manager & Town Council / Deputy Town Clerk ADMINISTRATION DEPARTMENT Town Clerk Deputy Town Manager / Administrative Services Director Economic Development Director Economic Development Specialist Chief Technology Administrator Financial Services Technician Accountant Customer Service Rep II Chief Financial Officer Financial Services Technician IT Support Specialist IT Support Specialist (.60) Community Relations Community Relations Director Part time Full Time Procurement Administrator Benefits and Payroll Benefits and Payroll Specialist (.50) (shared Fire Dept.) Senior Accountant Human Resources Analyst Full Time Shared Director PUBLIC WORKS DEPARTMENT Street Technician Street Maintenance Technician Senior Facilities Technician Senior Facilities Maintenance Technician Custodian (.50) Streets Superintendent Facilities Supervisor Street Technician II Street Maintenance Technician II Senior Technician Senior Maintenance Technician Part Time Full Time Executive Assistant (.5) (shared with Development Services) Full Time Shared Civil Engineering Inspector Street Technician Street Maintenance Technician Town Engineer Assistant Town Engineer Facilities Technician Facilities Maintenance Technician Street Technician Street Maintenance Technician Building Permit Technician (.60) 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 Senior Building Permit Technician Full Time Full Time Shared Part time GIS Technician CAD Operator Senior Building Inspector Code (.50) 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 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 Coordinator Community Center Operations Coordinator Lead Operations Lead Operations Support Worker Operations Sup Worker Operations Sup Worker (.21) Operations Sup Worker Operations Sup Worker (.21) Lead Operations Lead Operations Support Worker (.64) Volunteer Supervisor Park Attendant (.63) Park Attendant (.62) Recreation Assistant (.52) Lead Park Attendant Park Attendant (.63) Park Attendant (.63) Customer Service Rep II (.50) Community Center Community Center Assistant(.50) Recreation Assistant (.53) Park Operations Lead Groundskeeper II Groundskeeper II Park Operations Lead Park Operations Lead Park Operations Lead Operations Sup Worker Operations Sup Worker (.20) Fire Chief Captains Station Two (3) FIRE DEPARTMENT Assistant Fire Chief/ Fire Marshal Firefighters Station One (12)Firefighters Station Two (6) Assistant Fire Chief Full Time Engineers Station One (3) Engineers Station Two (3) Administrative Administrative Assistant (.50) (shared Administration) Part Time Captains Station One (3) Full Time Shared LAW ENFORCEMENT Division Commander (1 Captain) Night WatchNight Watch Commander (1 Lieutenant) Patrol Sergeants (5) Patrol Deputies (19) Deputy Commander (1 Lieutenant) Relief SergeantAdministrative Assistant School Resource Officer Administrative Sergeant 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 Beginning January 1, 2026 *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 ManagerExecutive Assistant to Town Deputy Town Clerk Executive Assistant to Town Manager & Town Council / Deputy Town Clerk ADMINISTRATION DEPARTMENT Town Clerk Deputy Town Manager / Administrative Services Director Economic Development Director Economic Development Specialist Chief Technology Administrator Financial Services Technician Accountant Customer Service Rep II Chief Financial Officer Financial Services Technician IT Support Specialist IT Support Specialist (.60) Community Relations Community Relations Director Part time Full Time Procurement Administrator Benefits and Payroll Benefits and Payroll Specialist (.50) (shared Fire Dept.) Senior Accountant Human Resources Analyst Full Time Shared Director PUBLIC WORKS DEPARTMENT Street Technician Street Maintenance Technician Senior Facilities Technician Senior Facilities Maintenance Technician Custodian (.50) Streets Superintendent Facilities Supervisor Street Technician II Street Maintenance Technician II Senior Technician Senior Maintenance Technician Part Time Full Time Executive Assistant (.5) (shared with Development Services) Full Time Shared Civil Engineering Inspector Street Technician Street Maintenance Technician Town Engineer Assistant Town Engineer Facilities Technician Facilities Maintenance Technician Street Technician Street Maintenance Technician Building Permit Technician (.60) 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 Senior Building Permit Technician Full Time Full Time Shared Part time GIS Technician CAD Operator Senior Building Inspector Code (.50) 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 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 Coordinator Community Center Operations Coordinator Lead Operations Lead Operations Support Worker Operations Sup Worker Operations Sup Worker (.21) Operations Sup Worker Operations Sup Worker (.21) Lead Operations Lead Operations Support Worker (.64) Volunteer Supervisor Park Attendant (.63) Park Attendant (.62) Recreation Assistant (.52) Lead Park Attendant Park Attendant (.63) Park Attendant (.63) Customer Service Rep II (.50) Community Center Community Center Assistant(.50) Recreation Assistant (.53) Park Operations Lead Groundskeeper II Groundskeeper II Park Operations Lead Park Operations Lead Park Operations Lead Operations Sup Worker Operations Sup Worker (.20) Fire Chief Captains Station Two (3) Battalion Chiefs (3) FIRE DEPARTMENT Assistant Fire Chief/ Fire Marshal Firefighters Station One (9)Firefighters Station Two (6) Assistant Fire Chief Full Time Engineers Station One (3) Engineers Station Two (3) Administrative Assistant (.50) (shared Administration) Part Time Captains Station One (3) Full Time Shared LAW ENFORCEMENT Division Commander (1 Captain) Night WatchNight Watch Commander (1 Lieutenant) Patrol Sergeants (5) Patrol Deputies (19) Deputy Commander (1 Lieutenant) Relief SergeantAdministrative Assistant School Resource Officer Administrative Sergeant Schedule of Authorized Positions FY 22-23 FY 23-24 FY 24-25 FY 25-26 Authorized Authorized Authorized Authorized 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 1.00 Authorized FTE 4.63 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 Exec. Asst. to Town Mgr & Council/Deputy Town Clerk - - - 1.00 Executive Asst to Town Mgr/Council 1.00 1.00 1.00 - Town Clerk 1.00 1.00 1.00 1.00 Management Analyst 1.00 1.00 1.00 - Economic Development Specialist - - - 1.00 Economic Development Director 1.00 1.00 1.00 1.00 Community Relations Director 1.00 1.00 1.00 1.00 Chief Technology Administrator 1.00 1.00 1.00 1.00 Information Technology Support Specialist 0.74 1.00 1.00 0.60 Chief Financial Officer 1.00 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 1.00 Benefits and Payroll Specialist 0.50 0.50 0.50 0.50 Customer Service Representative II 1.00 1.00 1.00 1.00 Authorized FTE 16.24 17.50 17.50 17.10 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 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 1.00 Street Maintenance Technician 3.00 3.00 2.00 3.00 Authorized FTE 13.00 13.00 13.00 14.00 From July 1, 2025 through December 31, 2025 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 1.50 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 2.00 2.00 Senior Building Permit Technician - - - 1.00 Building Permit Technician 2.00 2.00 2.00 0.60 Authorized FTE 10.00 10.00 11.00 10.60 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 1.00 1.00 1.00 1.00 Recreation Assistant - 0.50 1.05 1.05 Senior Recreation Program Coordinator 1.00 1.00 1.00 1.00 Executive Assistant 1.00 1.00 1.00 1.00 Parks Supervisor - 1.00 1.00 1.00 Parks Superintendent 1.00 1.00 1.00 1.00 Park Operations Lead 4.00 3.00 4.00 4.00 Lead Park Attendant 1.00 1.00 1.00 1.00 Park Attendant 1.96 1.96 1.96 2.51 Groundskeeper II 2.00 2.00 1.00 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 0.62 Lead Operations Support Worker 1.28 1.64 1.64 1.64 Community Center Program Coordinator 1.00 1.00 1.00 1.00 Community Center Assistant 2.28 2.28 2.28 2.28 Volunteer Supervisor 1.00 1.00 1.00 Volunteer Coordinator 1.00 - - - Authorized FTE 24.52 25.38 25.93 26.73 Fire Department Fire Chief - 1.00 1.00 1.00 Assistant Fire Chief / Fire Marshal - 1.00 1.00 2.00 Fire Captain - 6.00 6.00 6.00 Fire Captain - Training - 1.00 1.00 - Fire Battalion Chief - -- - Fire Lieutenant - -- - Fire Engineer - 6.00 6.00 6.00 Firefighter - 18.00 18.00 18.00 Administrative Assistant - 1.00 1.00 0.50 Authorized FTE - 34.00 34.00 33.50 Total Authorized FTE 68.39 104.51 106.06 106.56 Schedule of Authorized Positions January (Mid-Year) FY 22-23 FY 23-24 FY 24-25 FY 25-26 Authorized Authorized Authorized Authorized 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 1.00 Authorized FTE 4.63 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 Exec. Asst. to Town Mgr & Council/Deputy Town Clerk - - - 1.00 Executive Asst to Town Mgr/Council 1.00 1.00 1.00 - Town Clerk 1.00 1.00 1.00 1.00 Management Analyst 1.00 1.00 1.00 - Economic Development Specialist - - - 1.00 Economic Development Director 1.00 1.00 1.00 1.00 Community Relations Director 1.00 1.00 1.00 1.00 Chief Technology Administrator 1.00 1.00 1.00 1.00 Information Technology Support Specialist 0.74 1.00 1.00 0.60 Chief Financial Officer 1.00 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 1.00 Benefits and Payroll Specialist 0.50 0.50 0.50 0.50 Customer Service Representative II 1.00 1.00 1.00 1.00 Authorized FTE 16.24 17.50 17.50 17.10 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 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 1.00 Street Maintenance Technician 3.00 3.00 2.00 3.00 Authorized FTE 13.00 13.00 13.00 14.00 Development Services Development Services Director 1.00 1.00 1.00 1.00 Executive Assistant 0.50 0.50 0.50 0.50 Beginning January 1, 2026 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 1.50 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 2.00 2.00 Senior Building Permit Technician - - - 1.00 Building Permit Technician 2.00 2.00 2.00 0.60 Authorized FTE 10.00 10.00 11.00 10.60 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 1.00 1.00 1.00 1.00 Recreation Assistant - 0.50 1.05 1.05 Senior Recreation Program Coordinator 1.00 1.00 1.00 1.00 Executive Assistant 1.00 1.00 1.00 1.00 Parks Supervisor - 1.00 1.00 1.00 Parks Superintendent 1.00 1.00 1.00 1.00 Park Operations Lead 4.00 3.00 4.00 4.00 Lead Park Attendant 1.00 1.00 1.00 1.00 Park Attendant 1.96 1.96 1.96 2.51 Groundskeeper II 2.00 2.00 1.00 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 0.62 Lead Operations Support Worker 1.28 1.64 1.64 1.64 Community Center Program Coordinator 1.00 1.00 1.00 1.00 Community Center Assistant 2.28 2.28 2.28 2.28 Volunteer Supervisor 1.00 1.00 1.00 Volunteer Coordinator 1.00 - - - Authorized FTE 24.52 25.38 25.93 26.73 Fire Department Fire Chief - 1.00 1.00 1.00 Assistant Fire Chief / Fire Marshal - 1.00 1.00 2.00 Fire Battalion Chief - -- 3.00 Fire Captain - 6.00 6.00 6.00 Fire Captain - Training - 1.00 1.00 - Fire Lieutenant - -- - Fire Engineer - 6.00 6.00 6.00 Firefighter - 18.00 18.00 15.00 Administrative Assistant - 1.00 1.00 0.50 Authorized FTE - 34.00 34.00 33.50 Total Authorized FTE 68.39 104.51 106.06 106.56 FOUNTAIN HILLS, ARIZONA Job Description Revised 6/3/2025 Adopted 6/6/2023 1 Job Title: Battalion Chief Department: Fire Department Immediate Supervisor: Assistant Fire Chief; Fire Chief FLSA Status: Non-Exempt BRIEF DESCRIPTION OF THE JOB: This position supervises the daily administration and operation of emergency response apparatus and staff of the Fountain Hills Fire Department. Protects life and property through emergency incident intervention and provides basic and advanced life support emergency medical service. Provides management and leadership for all Fire Captains and subordinate shift personnel in the suppression of fires, technical services, emergency medical services, transportation services, fire prevention, public education activities, all-hazard mitigation, and non- emergency services. Ensures readiness through facility, apparatus, equipment, personal maintenance, compliance with operational guidelines, safety standards and practices. Manages assigned staff functions and special projects. 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 Responds to major incidents and assumes an appropriate role withing the Incident Command System: analyzes emergency response capabilities and makes modifications and/or adjustments as necessary. 2 S Performs administrative functions by evaluating performance, planning, organizing, scheduling, and monitoring daily activities, and various administrative duties. 3 L Facilitate communication processes with peers, subordinates, citizens, and outside agencies to assure organizational effectiveness and responsiveness. 4 L Provide input and suggest improvements to department policy/procedure, participate in short and long-term planning. Provide input on budgets and expenditures as well as budget input from subordinate personnel. 5 VH Maintains emergency services skill level by participating in regularly scheduled skills based training exercises, participating in a variety of continuing education programs, and reviewing current emergency service professional journals and technical literature. FOUNTAIN HILLS, ARIZONA Job Description Revised 6/3/2025 Adopted 6/6/2023 2 JOB REQUIREMENTS: JOB REQUIREMENTS Formal Education / Knowledge Work requires knowledge of a specific vocational, administrative, or technical nature which may be obtained with six months/one year of advanced study or training past the high school equivalency. Junior college, vocational, business, technical or correspondence schools are likely sources. Appropriate certification may be awarded upon satisfactory completion of advanced study or training. Experience Minimum of seven consecutive years experience in the fire service with the last two as Fire Captain or higher. Certifications and Other Requirements Incident Safety Officer, Fire Instructor I, ICS 300 and 400, Fire Officer II preferred, Arizona State Certified Emergency Medical Technician or Paramedic, BC Academy, EFO or CFO preferred. Ability to pass annual physical. ** Equivalent combinations of experience and training that meet the minimum qualifications may be substituted. Reading Work requires the ability to read professional journals, technical reports, administrative policies and procedures, operational guidelines, training manuals, maps, and codes and standards. Math Work requires the ability to perform general math calculations such as addition, subtraction, multiplication, division, and algebra. Writing Work requires the ability to write incident reports, daily activity shift reports, professional memos, correspondences, and employee evaluations. Managerial Planning responsibilities include organization and prioritization of daily crew activities, management of emergency incidents, customer service requests or issues, and departments short- and long-range strategic planning. Budget Responsibility The incumbent does research for documents, compiles data for computer entry, and/or enters or oversees data entry and has responsibility for monitoring budget expenditures and labor costs. Supervisory / Organizational Control Work requires managing and monitoring work performance by directing subordinate supervisors; developing and evaluating program/work objectives and effectiveness: realigning work and staffing assignments as needed. Exercise judgement to apply facts and principles for developing approaches and techniques to resolve problems and maintain effective communications. Complexity Work is governed by broad instructions, objectives, and policies. Work requires the exercise of considerable initiative and independent analytical and evaluative judgment. 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 such as Police which may be involved in decision making or providing 6 M Maintains operational readiness through shift strength and staffing. Oversees daily and long-term schedules. Schedules for special events and standbys. 7 M Performs other duties as assigned. * See page 3 Overall Physical Strength Demands FOUNTAIN HILLS, ARIZONA Job Description Revised 6/3/2025 Adopted 6/6/2023 3 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, brokers and sales representatives. OVERALL PHYSICAL STRENGTH DEMANDS: 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 F Incident operations, station functions, presentations, special events Sitting F Deskwork Walking F Incident operations, station functions, commercial inspections Lifting F Incident operations, patient movement, equipment movement, physical conditioning Carrying F Incident operations, equipment movement Pushing/Pulling O Incident operations, physical conditioning, hoseline operations Reaching F Incident operations Handling F Incident operations, equipment movement Fine Dexterity O Patient intervention skills Kneeling F Incident operations, patient intervention, station/vehicle maintenance, physical conditioning Crouching O Incident operations, community education Crawling O Incident response, training Bending F Incident operations, patient intervention, station/vehicle maintenance, physical conditioning Twisting O Incident response, physical conditioning Climbing O Ladder Balancing O On ladder, roof tops Vision C Incident response, station functions, deskwork Hearing C Communicating with personnel, patients, telephone Talking F Communicating with personnel, patients, telephone Foot Controls F Driving Sedentary Light Medium Heavy Very Heavy S=sedentary Exerting up to 10 lbs. occasionally or negligible weights frequently; sitting most of the time L=Light Exerting up to 20 lbs. occasionally, 10lbs. frequently, or negligible amounts constantly OR requires walking or standing to a significant degree. M=Medium Exerting 20-50 lbs. occasionally, 10-25 lbs. frequently, or up to 10-20 lbs. constantly. H=Heavy Exerting 50-100 lbs. occasionally, 25-50 lbs. frequently, or up to 10-20 lbs. constantly. VH=Very Heavy Exerting over 100 lbs. occasionally, 50-100 lbs. frequently, or up to 20-50 lbs. constantly. FOUNTAIN HILLS, ARIZONA Job Description Revised 6/3/2025 Adopted 6/6/2023 4 MACHINES, TOOLS, EQUIPMENT, AND WORK AIDS: Firefighting apparatus, FF hand tools, emergency service communications, emergency medical equipment, FF power tools, rescue tools, facility, vehicle, equipment repair tools and equipment, computer and related software ENVIRONMENTAL FACTORS: D = Daily W = Several Times Per Week M = Several Times Per Month S = Seasonally N = Never HEALTH AND SAFETY ENVIRONMENTAL FACTORS Mechanical Hazards D Extreme Temperatures D Chemical Hazards D Noise and Vibration D Electrical Hazards D Wetness/Humidity D Fire Hazards D Respiratory Hazards D Explosives D Physical Hazards D Communicable Diseases D Physical Danger or Abuse D Other (see 1 Below) S (1) Snakes (2) Emergency Scenes, Fire Station PROTECTIVE EQUIPMENT REQUIRED: Firefighting protective ensemble including SCBA, infectious disease protective equipment. 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 F Emergency Situations F Frequent Change of Tasks F Irregular Work Schedule/Overtime O Performing Multiple Tasks Simultaneously F Working Closely with Others as Part of a Team F Tedious or Exacting Work O Noisy/Distracting Environment F Other (see 3 below) F (3) Interruption of sleep and meals PRIMARY WORK LOCATION Office Environment X Warehouse Shop Vehicle Outdoors X Recreation Center Other (see 2 Below) X FOUNTAIN HILLS, ARIZONA Job Description Adopted 6/3/2025 1 Job Title: Senior Building Permit Technician Department: Development Services Immediate Supervisor: Chief Building Official/Plans Examiner FLSA Status: Non-Exempt BRIEF DESCRIPTION OF THE JOB: Under general supervision, the Senior Building Permit Technician assists customers by accepting, processing, coordinating, and routing all construction documents and permits, and plans for residential, commercial, and industrial, utility related projects. Assists clients at the Development Services counter by answering development-related questions, performing less complex technical reviews and permitting, and other duties as assigned. The Senior Building Permit Technician may provide technical guidance and support to administrative or building permit staff. This position is distinguished from the entry level Permit Technician, by the greater complexity of work performed including minor plan review, performance of the full range of duties and greater independence with which work is performed. 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 S Receives and processes building permit applications and plans by reviewing online submittals, reviews for completeness and establishes review route. 2 S Processes completed permit applications and plans by preparing approved documents, calculating valuation and fees. Contacts applicants, collects permit and development fees and issues permits. 3 S Provides information in reference to building codes and procedures to the general public, contractors, engineers at counter and on the telephone and, if necessary, routes them to the correct department. 4 S Provides accurate and expeditious information to field inspectors and other departments to assist them in performing their duties. 5 S Assists citizens and applicants in the plan submittal process, provides instruction and direction on use of the online system. 6 S Researches and inputs permit information to generate reports required for submittal to various government agencies. 7 S Conducts plan review for completeness of permit applications and supporting documents to ensure submittals meet intake requirements prior to detailed code review by the Chief Building Official. 8 S Assists with the building inspection scheduling process coordinating with the building inspection team. 9 S Completes other related duties as assigned. * See page 3 Overall Physical Strength Demands FOUNTAIN HILLS, ARIZONA Job Description Adopted 6/3/2025 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 year of high school or equivalency. Experience Minimum of 2 years customer service experience in a construction and office environment. Certifications and Other Requirements Building Permit Technician Certification required within first six months of employment. Must be bondable. ** Equivalent combinations of experience and training that meet the minimum qualifications may be substituted. Reading Ability to read and comprehend permit applications, construction plans and inspection tickets and building codes. Math Ability to calculate permit valuations, plan review fees, permit fees, count money, calculate refunds according to building code. Writing Ability to write inspection tickets, permits, certificate of occupancy, compose letters, check requests and requisitions. Managerial None Budget Responsibility None Supervisory / Organizational Control None Complexity Requires the ability to understand building codes and procedures and apply those codes to review of minor permits, and the ability to use multiple computer programs. Interpersonal / Human Relations Skills Position frequently contacts others within the organization and external customers. 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, brokers and sales representatives. FOUNTAIN HILLS, ARIZONA Job Description Adopted 6/3/2025 3 OVERALL PHYSICAL STRENGTH DEMANDS: 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 F Assisting customers, filing, making copies Sitting F Deskwork Walking F Throughout the office for various tasks and back and forth to counter. Lifting R Building permit plans and files. Carrying R Building permit plans and files. Pushing/Pulling R Putting away rolled plans in bins. Reaching F Small objects, books, rolled plans in bins (retrieving). Handling F Paper work, office supplies Fine Dexterity F Keyboard, telephone keypad, writing Kneeling R Filing in lower drawers Crouching R Filing in lower drawers Crawling R Filing in lower drawers Bending R Filing in lower drawers Twisting O Deskwork Climbing R Step stool for building plans Balancing R Carrying files and plans. Vision C Computer monitor, building plans and reading. Hearing C Communicating with public, co-workers, telephone Talking F Communicating with public, co-workers, telephone Foot Controls N N/A Sedentary Light Medium Heavy Very Heavy S=sedentary Exerting up to 10 lbs. occasionally or negligible weights frequently; sitting most of the time L=Light Exerting up to 20 lbs. occasionally, 10lbs. frequently, or negligible amounts constantly OR requires walking or standing to a significant degree. M=Medium Exerting 20-50 lbs. occasionally, 10-25 lbs. frequently, or up to 10-20 lbs. constantly. H=Heavy Exerting 50-100 lbs. occasionally, 25-50 lbs. frequently, or up to 10-20 lbs. constantly. VH=Very Heavy Exerting over 100 lbs. occasionally, 50-100 lbs. frequently, or up to 20-50 lbs. constantly. FOUNTAIN HILLS, ARIZONA Job Description Adopted 6/3/2025 4 MACHINES, TOOLS, EQUIPMENT, AND WORK AIDS: Copy machine, fax, telephone, computer. ENVIRONMENTAL FACTORS: D = Daily W = Several Times Per Week M = Several Times Per Month S = Seasonally N = Never HEALTH AND SAFETY ENVIRONMENTAL FACTORS Mechanical Hazards N Extreme Temperatures N Chemical Hazards N Noise and Vibration N Electrical Hazards N Wetness/Humidity N Fire Hazards N Respiratory Hazards N Explosives N Physical Hazards N Communicable Diseases N Physical Danger or Abuse N Other (see 1 Below) N (1) (2) PROTECTIVE EQUIPMENT REQUIRED: None 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 F Emergency Situations O Frequent Change of Tasks F Irregular Work Schedule/Overtime R Performing Multiple Tasks Simultaneously F Working Closely with Others as Part of a Team F Tedious or Exacting Work O Noisy/Distracting Environment R Other (see 3 below) (3) PRIMARY WORK LOCATION Office Environment X Warehouse Shop Vehicle Outdoors Recreation Center Other (see 2 Below) FOUNTAIN HILLS, ARIZONA Job Description Revised 6/3/2025 Adopted 6/7/2022 1 Job Title: Economic Development Specialist Department: Administration Immediate Supervisor: Economic Development Director FLSA Status: Exempt BRIEF DESCRIPTION OF THE JOB: This position is crucial to advancing the Town of Fountain Economic Development Director in executing a comprehensive economic development program. The position requires professionalism and a strong commitment to representing the Town's values, facilitating effective communication, managing key projects, and engaging with stakeholders. This position requires attention to detail and a proactive approach, ensuring all interactions reflect positively on the Town's mission. 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 S Assists with programs in economic development activities (i.e., business retention and expansion (BRE); marketing and recruitment; travel/tourism/; downtown/place making/main incentive development/management). 2 S Creates and assists, at the direction of the Director, with communications, marketing material and media releases of Economic Development functions through social media, press releases, and website maintenance. 3 L Assist with planning and execution of events for Economic Development. 4 S Collects, organizes, and analyzes data required in the development and Downtown Strategy. 5 S Participates and promotes ongoing region-wide communication and knowledge on Economic Development issues. 7 S Receives and responds in a timely manner to citizen requests, complaints, and inquiries. 8 S Coordinates the delivery of special projects, with particular focus on meeting deadlines and creating content.Analyzes and compiles economic and demographic data. 9 S Performs other related duties as assigned. * See page 3 Overall Physical Strength Demands FOUNTAIN HILLS, ARIZONA Job Description Revised 6/3/2025 Adopted 6/7/2022 2 JOB REQUIREMENTS: JOB REQUIREMENTS Formal Education / Knowledge Bachelor's degree from an accredited college or university in Economic Development, Regional Development, Economics, Urban Planning, Public Administration, Marketing, Geography, or related field is required. Knowledge of local, state, and federal laws and regulations relevant to Economic Development. Knowledge of history, tourist attractions, economic resources, business opportunities and offerings of Fountain Hills. Knowledge of geographic layout of Fountain Hills and surrounding areas. Ability to ** Experience A minimum of two years of management support experience, conducting research related to economic development is preferred. Public sector experience is preferred. Certifications and Other Requirements The IEDC Basic Economic Development course will be required to be completed within the first year of hire. The course will be paid for by the Town. Valid driver's license for a minimum of two years with a good driving record required. ** Equivalent combinations of experience and training that meet the minimum qualifications may be substituted. Reading Work requires the ability to read, comprehend, and make inferences from research data in order to prepare statistical comparisons and trend analyses to be used in marketing and other promotional materials. Math Work requires the ability to perform general math calculations such as addition, subtraction, multiplication, division, college algebra, and statistical analysis. Writing Work requires the ability to write clearly and accurately in both print and electronic media in order to communicate with the general public, executive management, Town Council, Chamber of Commerce, and business executives. Develops, updates, designs, and edits a variety of electronic and printed materials including the Economic Development web page, community profiles, and other promotional and marketing materials. Position also drafts written documents such as brochures, advertisements, press releases, and prospect proposals for distribution to a variety of targeted audiences in order to promote and market Fountain Hills as a business location. Managerial None Budget Responsibility Coordinating the grant funding for tourism. Supervisory / Organizational Control None Complexity Work is widely varied, involving analyzing and evaluating many complex and significant variables. Work requires initiative and independent judgment, and the employee is expected to exercise discretion in planning and executing assignments. Organization-wide policies, procedures, or precedents may be recommended to management. Interpersonal / Human Relations Skills Incumbents in this position contact others within the organization and communicate with the general public, professional service providers, economic development agency representatives, and the media to gather and provide information. Conducts off-site research and attends a variety of meetings including local economic development meetings and trade shows as required. Ability to maintain cooperative and effective relationships with intradepartmental and interdepartmental personnel, as well as external entities with whom position interacts. FOUNTAIN HILLS, ARIZONA Job Description Revised 6/3/2025 Adopted 6/7/2022 3 OVERALL PHYSICAL STRENGTH DEMANDS: Should be changed to medium 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 O Presentations, copier, fax machine, filing Sitting C Walking O Inter-office, to/from meetings, field work, tradeshows Lifting O Contracts, reports, plans, displays Carrying O Contracts, reports, plans, displays, boxes Pushing/Pulling R Doors, chairs, filing cabinet drawers Reaching O Supplies, files, boxes Handling F Contracts, reports, plans Fine Dexterity C Computer keyboard, writing, telephone keypad Kneeling R Filing, retrieving dropped items Crouching R Filing, retrieving dropped items Crawling R Retrieving dropped items Bending R Filing, retrieving dropped items Twisting R Filing, retrieving dropped items Climbing R Stairs Balancing R Stairs Vision C Hearing C Telephone, staff, co-workers, supervisor, Town Manager, Town Council, analysts, directors, planners, engineers, local businesses, reporters, meetings, presentations, training classes Talking C Telephone, staff, co-workers, supervisor, Town Manager, Town Council, analysts, directors, planners, engineers, local businesses, reporters, meetings, presentations, training classes Foot Controls O Driving Sedentary Light Medium Heavy Very Heavy S=sedentary Exerting up to 10 lbs. occasionally or negligible weights frequently; sitting most of the time L=Light Exerting up to 20 lbs. occasionally, 10lbs. frequently, or negligible amounts constantly OR requires walking or standing to a significant degree. M=Medium Exerting 20-50 lbs. occasionally, 10-25 lbs. frequently, or up to 10-20 lbs. constantly. H=Heavy Exerting 50-100 lbs. occasionally, 25-50 lbs. frequently, or up to 10-20 lbs. constantly. VH=Very Heavy Exerting over 100 lbs. occasionally, 50-100 lbs. frequently, or up to 20-50 lbs. constantly. FOUNTAIN HILLS, ARIZONA Job Description Revised 6/3/2025 Adopted 6/7/2022 4 MACHINES, TOOLS, EQUIPMENT, AND WORK AIDS: Standard office equiptment such as a telephone and computer; use of a vehicle. ENVIRONMENTAL FACTORS: D = Daily W = Several Times Per Week M = Several Times Per Month S = Seasonally N = Never HEALTH AND SAFETY ENVIRONMENTAL FACTORS Mechanical Hazards N Extreme Temperatures S Chemical Hazards N Noise and Vibration N Electrical Hazards N Wetness/Humidity N Fire Hazards N Respiratory Hazards N Explosives N Physical Hazards N Communicable Diseases N Physical Danger or Abuse N Other (see 1 Below) N (1) (2) PROTECTIVE EQUIPMENT REQUIRED: None 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 F Emergency Situations R Frequent Change of Tasks F Irregular Work Schedule/Overtime O Performing Multiple Tasks Simultaneously O Working Closely with Others as Part of a Team C Tedious or Exacting Work O Noisy/Distracting Environment R Other (see 3 below) N (3) PRIMARY WORK LOCATION Office Environment X Warehouse Shop Vehicle Outdoors Recreation Center Other (see 2 Below) FOUNTAIN HILLS, ARIZONA Job Description Adopted 6/3/2025 1 Job Title: Executive Assistant to Town Manager and Town Council / Deputy Town Clerk Department: Administration Immediate Supervisor: Town Manager FLSA Status: Exempt BRIEF DESCRIPTION OF THE JOB: Provides high-level administrative support to the Town Manager, Mayor, and Town Council. Assists in the day-to- coordination, and compliance with Arizona Open Meeting Laws and records retention statutes. Serves as the Acting operations and public service. Promotes transparency, supports citizen engagement, and upholds compliance with local, state, and federal laws. 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 S Provides high-level administrative support to the Town Manager, Mayor, and Council by coordinating meetings and events, managing calendars, relaying messages, and preparing a variety of documents including correspondence, reports, manuals, and proclamations. Oversees conference and seminar registrations, makes travel arrangements, and prepares detailed itineraries using tools such as Word, PowerPoint, Excel, and Publisher. 2 S limited to preparing the Town Council meeting agenda and minutes, and attending Town Council meetings 3 S Assists in responding to public records requests in accordance with legal requirements, ensuring timely and accurate information is delivered to the public. Prioritizes requests based on urgency and complexity. 4 S Assists with the management, preservation, and official records, including retention, destruction, and staff training, in accordance with state and legal requirements. Ensures records are accessible, secure, and properly archived. 5 S Assists in all election functions such as planning and coordination of services, campaign finance, as well as preparing election materials ensuring election related activities comply with Federal, State and local laws FOUNTAIN HILLS, ARIZONA Job Description Adopted 6/3/2025 2 6 S Administers oaths of office, attests to official documents, and serves as a notary public for Town business 7 S Responds to requests or concerns from Town citizens and serves as liaison to Town departments on a variety of issues. Responds to requests from public officials in other governmental agencies and regional organizations. 8 L Coordinates Town meetings, receptions and special events, including intergovernmental meetings 9 S Conducts research, accomplishes special projects, and sits on committees as assigned 10 S Acts as staff liaison to Strategic Planning Advisory Commission, Municipal Property Corporation, and other boards or commission as assigned by Town Manager 11 S Prepares and monitors budgets for the Town Manager and Town Council; processes and codes P-card purchases in accordance with established financial procedures 12 S Orders office supplies and handles purchasing functions for Town Manager, Mayor/Town Council, and Town Clerk Offices 13 S Performs other related duties as assigned * See page 3 Overall Physical Strength Demands FOUNTAIN HILLS, ARIZONA Job Description Adopted 6/3/2025 3 JOB REQUIREMENTS: JOB REQUIREMENTS Formal Education / Knowledge Work requires knowledge of a specific vocational, administrative, or technical nature which may be obtained with one year of advanced study or training past the high school equivalency. Junior college, vocational, business, technical or correspondence schools are likely sources. . Appropriate certification may be awarded upon satisfactory completion of advanced study or training. An understanding of best practices relating to records management, Arizona Open Meetings laws, and Public Records Retention is required. Experience Five years experience as an Executive or Administrative Assistant, preferably in a municipal setting and at least 2 years of progressively responsible experience in a Town or City Certifications and Other Requirements A designation such as a Certified Municipal Clerk (CMC) is preferred at the time of hire and required within two years on the job. and/or Maricopa County in the area of elections is preferred. ** Equivalent combinations of experience and training that meet the minimum qualifications may be substituted. Reading Work requires the ability to read policies, procedures, handbooks, agreements, contracts, town ordinances, Council reports, newsletters, brochures. Math Work requires the ability to perform general math calculations such as addition, subtraction, multiplication, division, ratios, and percentages. Writing Work requires the ability to write memos, letters, emails, and general correspondence. Managerial None Budget Responsibility Assists in preparing and monitoring Town Manager and Council budgets. Supervisory / Organizational Control None Complexity Work is governed by broad instructions, objectives and policies. Work requires the exercise of considerable initiative and independent analytical and evaluative judgment. 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 decsion-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, brokers and sales representatives. FOUNTAIN HILLS, ARIZONA Job Description Adopted 6/3/2025 4 OVERALL PHYSICAL STRENGTH DEMANDS: 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 O Filing, making copies, faxing, retrieving mail, distributing Sitting F Deskwork, meetings Walking F To and from office equipment and other departments Lifting R Files, office supplies, tables and chairs Carrying F Files, office supplies Pushing/Pulling R Office cart Reaching R For items on higher shelves Handling F Files, office supplies Fine Dexterity C Computer keyboard, telephone keypad, calculator Kneeling R Filing Crouching R Filing, retrieving items from shelves Crawling R N/A Bending O Filing in lower drawers, retrieving items from lower shelves Twisting O From computer to telephone Climbing F Stairs Balancing O Carrying files, office supplies Vision C Reading, computer monitor Hearing C Communicating with personnel and general public and on telephone Talking C Communitcating with personnel and general public and on telephone Sedentary Light Medium Heavy Very Heavy S=sedentary Exerting up to 10 lbs. occasionally or negligible weights frequently; sitting most of the time L=Light Exerting up to 20 lbs. occasionally, 10lbs. frequently, or negligible amounts constantly OR requires walking or standing to a significant degree. M=Medium Exerting 20-50 lbs. occasionally, 10-25 lbs. frequently, or up to 10-20 lbs. constantly. H=Heavy Exerting 50-100 lbs. occasionally, 25-50 lbs. frequently, or up to 10-20 lbs. constantly. VH=Very Heavy Exerting over 100 lbs. occasionally, 50-100 lbs. frequently, or up to 20-50 lbs. constantly. FOUNTAIN HILLS, ARIZONA Job Description Adopted 6/3/2025 5 MACHINES, TOOLS, EQUIPMENT, AND WORK AIDS: Computer and related software, general office supplies, telephone, fax, copier ENVIRONMENTAL FACTORS: D = Daily W = Several Times Per Week M = Several Times Per Month S = Seasonally N = Never HEALTH AND SAFETY ENVIRONMENTAL FACTORS Mechanical Hazards N Extreme Temperatures N Chemical Hazards N Noise and Vibration N Electrical Hazards N Wetness/Humidity N Fire Hazards N Respiratory Hazards N Explosives N Physical Hazards N Communicable Diseases N Physical Danger or Abuse N Other (see 1 Below) N (1) (2) PROTECTIVE EQUIPMENT REQUIRED: None 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 F Emergency Situations R Frequent Change of Tasks F Irregular Work Schedule/Overtime O Performing Multiple Tasks Simultaneously F Working Closely with Others as Part of a Team F Tedious or Exacting Work F Noisy/Distracting Environment O Other (see 3 below) (3) PRIMARY WORK LOCATION Office Environment X Warehouse Shop Vehicle Outdoors Recreation Center Other (see 2 Below) FOUNTAIN HILLS, ARIZONA JOB DESCRIPTION Revised 6/3/2025 Adopted 6/5/2018 1 Job Title: Information Technology Support Specialist Department: Administration Immediate Supervisor: Chief Technology Administrator FLSA Status: Non-Exempt BRIEF DESCRIPTION OF THE JOB: The Information Technology Support Specialist provides first-level technical support for Town employees, addressing hardware, software, and telecommunications issues. This includes installing, maintaining, and repairing computer systems, user accounts, and peripherals. Additionally, the Specialist troubleshoots photocopier problems, operates video production equipment for live streaming and recording of Town meetings, and delivers exceptional customer service to all users. 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 L Assists with management of user accounts on the Town's network, including login credentials, email, and software access. Ensures seamless system functionality by managing user connections to drives, printers, and network resources. Provides timely and effective IT support to employees, troubleshooting issues and resolving inquiries. Delivers exceptional customer service to colleagues and management through prompt and courteous responses. 2 S Ensures network security and optimal performance by executing routine maintenance tasks on computers, including installing security patches, software updates, and antivirus software. 3 L Maintains Town copiers by replacing ink and toner cartridges, troubleshooting malfunctions, and escalating complex issues. 4 L Installs hardware and peripheral components such as monitors, keyboards, and printers. Provides end-user IT training and support to staff. 5 S Assists with the enforcement of operational standards and escalation procedures to guarantee consistent service delivery. Documents, tracks, and monitors incidents to identify and resolve issues promptly, minimizing disruptions to Town operations. 6 S Manages and operates video production equipment to live stream and record Town Council and Planning & Zoning Commission meetings, ensuring high-quality audio and visual output. 7 S Performs other duties as assigned or required. * See page 3 Overall Physical Strength Demands FOUNTAIN HILLS, ARIZONA JOB DESCRIPTION Revised 6/3/2025 Adopted 6/5/2018 2 JOB REQUIREMENTS: JOB REQUIREMENTS Formal Education / Knowledge Work requires knowledge of a specific vocational, administrative, or technical nature that may be obtained with six-months/one year of advanced study or training past the high school equivalency. Community college, vocational, business, technical or correspondence schools are likely sources. Appropriate certification may be awarded upon satisfactory completion of advanced study or training. . ** Experience Minimum of 1 year (1) year experience in a related field. Certifications and Other Requirements Microsoft Certified Professional, A+ Certified, equivalent IT certifications or degree in Information Technology preferred. ** Equivalent combinations of experience and training that meet the minimum qualifications may be substituted. Reading Work requires the ability to read technical instructions, technical software specifications, letters, memos, and general correspondence. Math Work requires the ability to perform general math calculations such as addition, subtraction, multiplication and division. Writing Work requires the ability to write memos, presentations, and issue requests for proposals, letters, and general correspondence. Managerial Job has no responsibility for the supervision of others but provides advice/direction on IT matters to other employees. Budget Responsibility None Supervisory / Organizational Control None Complexity The employee normally performs assignments under the direction of the Chief Technology Administrator. There is some opportunity for discretion when making selections among readily identifiable choices. Work involving discretion is typically reviewed by manager before being executed. Interpersonal / Human Relations Skills Work requires contact with others in the organization. In addition, work is performed with contact to others outside the Town who may belong to professional or peer organizations. Vendors and suppliers may be called upon to provide information on purchases, supplies, or products. Discussions may be conducted with Town employees and outside sales representatives. FOUNTAIN HILLS, ARIZONA JOB DESCRIPTION Revised 6/3/2025 Adopted 6/5/2018 3 OVERALL PHYSICAL STRENGTH DEMANDS: 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 O Observing work duties and activities Sitting F Deskwork and meetings Walking O To and from office equipment, other departments, to/from job sites Lifting O Files, office supplies, video recording and computer equipment Carrying R Files, office supplies, video recording and computer equipment Pushing/Pulling O Computer equipment, copier equipment Reaching O Connecting equipment cables Handling O Files, office supplies, and computer equipment Fine Dexterity O Computer and telephone keypads, writing, setting jumpers on circuit boards Kneeling O Working on computers on the floor Crouching O Working on computers on the floor Crawling O Working on computers on the floor Bending O Working on computers on the floor Twisting R Working on computers on the floor Climbing R Ladders, stairs Balancing R Ladders Vision C Reading, computer monitor, driving, observing work activities Hearing C Communicating with personnel and general public and on phone Talking C Communicating with personnel and general public and on phone Foot Controls N Sedentary Light Medium Heavy Very Heavy S=sedentary Exerting up to 10 lbs. occasionally or negligible weights frequently; sitting most of the time L=Light Exerting up to 20 lbs. occasionally, 10lbs. frequently, or negligible amounts constantly OR requires walking or standing to a significant degree. M=Medium Exerting 20-50 lbs. occasionally, 10-25 lbs. frequently, or up to 10-20 lbs. constantly. H=Heavy Exerting 50-100 lbs. occasionally, 25-50 lbs. frequently, or up to 10-20 lbs. constantly. VH=Very Heavy Exerting over 100 lbs. occasionally, 50-100 lbs. frequently, or up to 20-50 lbs. constantly. FOUNTAIN HILLS, ARIZONA JOB DESCRIPTION Revised 6/3/2025 Adopted 6/5/2018 4 MACHINES, TOOLS, EQUIPMENT, AND WORK AIDS: Screw drivers, ladders, test meters, copy machine, fax machine, telephone, calculator, office supplies, computer and software, laser and/or ink jet printer ENVIRONMENTAL FACTORS: D = Daily W = Several Times Per Week M = Several Times Per Month S = Seasonally N = Never HEALTH AND SAFETY ENVIRONMENTAL FACTORS Mechanical Hazards N Extreme Temperatures N Chemical Hazards N Noise and Vibration N Electrical Hazards W Wetness/Humidity N Fire Hazards N Respiratory Hazards N Explosives N Physical Hazards N Communicable Diseases N Physical Danger or Abuse N Other (see 1 Below) N (1) N/A (2) N/A PROTECTIVE EQUIPMENT REQUIRED: None 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 F Emergency Situations R Frequent Change of Tasks C Irregular Work Schedule/Overtime O Performing Multiple Tasks Simultaneously C Working Closely with Others as Part of a Team F Tedious or Exacting Work F Noisy/Distracting Environment N Other (see 3 below) - (3) N/A PRIMARY WORK LOCATION Office Environment X Warehouse Shop Vehicle Outdoors Recreation Center Other (see 2 Below) EXHIBIT C TO RESOLUTION 2025-12 [2025-26 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 $20.00 per hour Saguaro Ramada - 2 hour minimum $40.00 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, Plaza Fountainside Ramada, Great Lawn, Centennial Circle and other lawns $800.00 flat fee Full Day Open Park space, including Amphitheater, Avenue of the Fountains Plaza, Plaza Fountainside Ramada, Great Lawn, Centennial Circle and other lawns $1,500.00 flat fee Park Rental Fees - Non-Resident/Commercial:Renters - Nonresident Small Ramada - 2 hour minimum $30.00 Renters - Nonresident Saguaro Ramada - 2 hour minimum $50.00 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, Plaza Fountainside Ramada, Great Lawn, Centennial Circle and other lawns $1,350.00 flat fee Full Day Open Park space, including Amphitheater, Avenue of the Fountains Plaza, Plaza Fountainside Ramada, 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 Staff - 2 hour minimum $55.00 per hour per staff member 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 TOWN OF FOUNTAIN HILLS COMPREHENSIVE FEE SCHEDULE FISCAL YEAR 2025-2026 Clerk Community Services 5/19/2025 4:40 PM 1 of 11 Description Adopted Fee Units TOWN OF FOUNTAIN HILLS COMPREHENSIVE FEE SCHEDULE FISCAL YEAR 2025-2026 Weekend Rates: Friday & Saturday (no rentals on Sunday) Ballroom - Per Ballroom; Minimum 2 Ballrooms for 4 hours $75.00 per hour Lobby - Minimum 4 hours $75.00 per hour Ballroom Damage Deposit $100.00 per Ballroom NonVetted Caterer $100.00 per rental NonVetted Bartender $100.00 per rental 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 $100.00 per Ballroom NonVetted Caterer $100.00 per rental NonVetted Bartender $100.00 per rental Community Center Extra Service Fees: Video Projector $55.00 per rental Flat Screen TV $55.00 per rental Small Screen $55.00 per rental Large Screen (8' x 10')$55.00 per rental Ping Pong Table $55.00 per rental Sound Reinforcement Wireless Microphones $25.00 per rental Speaker Table (Includes Mixing Board)$25.00 per rental Conference Phone $55.00 per rental Portable Sound System (Includes Mixing Board and/or Portable Speaker) $85.00 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 Portable Bar $50.00 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 $35.00 per year Non - Resident $50.00 per year Special Event Fees 5/19/2025 4:40 PM 2 of 11 Description Adopted Fee Units TOWN OF FOUNTAIN HILLS COMPREHENSIVE FEE SCHEDULE FISCAL YEAR 2025-2026 Special Events Permits: Special Event Permits - Food/Event Vendors Application Fee Up to $500.00 based on event size Special Event Permits - Business/Commercial 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, including Amphitheater, Avenue of the Fountains Plaza, Plaza Fountainside Ramada, Great Lawn, Centennial Circle and other lawns) 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 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 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 application Electronic message board rental $150 per message board (maximum 2)per event Small, non-vehicular special event sign rental $25 for up to 10 signs plus $100 deposit per event Court Enhancement fee $50.00 per incident (ARS 22-404E) 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 Court Fees 5/19/2025 4:40 PM 3 of 11 Description Adopted Fee Units TOWN OF FOUNTAIN HILLS COMPREHENSIVE FEE SCHEDULE FISCAL YEAR 2025-2026 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 Fee $150.00 per case (ARS 9-500.22) Diversion Program Rescheduling $30.00 per incident Probation fee - Maricopa County Fee $150.00 per year Order modification fee $25.00 per modification Contract administration fee $10.00 per contract or modification Court Clerk $17.00 per request (ARS 22-404) Court User $10.00 per charge Public Records Search $17.00 per name (ARS 22-404) Certified Copies $17.00 per copy 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 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 Development Services 5/19/2025 4:40 PM 4 of 11 Description Adopted Fee Units TOWN OF FOUNTAIN HILLS COMPREHENSIVE FEE SCHEDULE FISCAL YEAR 2025-2026 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 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 and additions (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 5/19/2025 4:40 PM 5 of 11 Description Adopted Fee Units TOWN OF FOUNTAIN HILLS COMPREHENSIVE FEE SCHEDULE FISCAL YEAR 2025-2026 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 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 100% 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. Public Art Contribution Fee* Commercial Construction Projects of $1 million or less 1% of construction cost per project Commercial Construction Projects between $1 million and $10 million 0.75% of construction cost per project Commercial Construction Projects above $10 million 0.50% of construction cost per project *The Town will calculate the Total Construction Cost based on the standards in the building code for purposes of determining the fee. That amount calculated will be posted on the permit application. 5/19/2025 4:40 PM 6 of 11 Description Adopted Fee Units TOWN OF FOUNTAIN HILLS COMPREHENSIVE FEE SCHEDULE FISCAL YEAR 2025-2026 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 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 (Above fees are split between Parks & Recreation, Fire, and Streets development fees. See Resolution for allocations.) 5/19/2025 4:40 PM 7 of 11 Description Adopted Fee Units TOWN OF FOUNTAIN HILLS COMPREHENSIVE FEE SCHEDULE FISCAL YEAR 2025-2026 Abatement Fees: Inspection fee $340.00 per hour Reinspection fee $340.00 per inspection 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 Late fee for renewal of mobile food vendor license fee 10% 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 Mobile Food Vendor License $250.00 per year Annual renewal fee for Mobile Food Vendor within Town limits $250.00 per renewal 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 False Alarm Service Charges: First and Second $0.00 each Third $100.00 each Fourth $150.00 each Finance 5/19/2025 4:40 PM 8 of 11 Description Adopted Fee Units TOWN OF FOUNTAIN HILLS COMPREHENSIVE FEE SCHEDULE FISCAL YEAR 2025-2026 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 - 25 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 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 Short-Term/Vacation Rentals Annual Registration Fee $250.00 per year Excavations/In-Lieu Fees: Base fee $250.00 Per excavation Trench cut fees: Public Works 5/19/2025 4:40 PM 9 of 11 Description Adopted Fee Units TOWN OF FOUNTAIN HILLS COMPREHENSIVE FEE SCHEDULE FISCAL YEAR 2025-2026 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 Adjustment (MH, valve, monument, etc.)$500.00 each Striping $3.00 per linear foot Lane Markers $175.00 each Stop Bars $3.00 per linear foot Crosswalks $3.00 per linear 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 yard 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 yard 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 5/19/2025 4:40 PM 10 of 11 Description Adopted Fee Units TOWN OF FOUNTAIN HILLS COMPREHENSIVE FEE SCHEDULE FISCAL YEAR 2025-2026 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 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 $1,000.00 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 $4.00 per hour 5/19/2025 4:40 PM 11 of 11 FY2026 Final Budget Paul Soldinger, Chief Financial Officer June 3, 2025 FY2026 Final Budget Public FY2026 Budget Meetings •December 5, 2024 – Council Strategies and Priorities Work Session* •February 25th – Council Retreat •March 12th – Budget Open House (in Council Chambers) •March 25th – Capital Projects Work Session •April 8th – Proposed Budget Work Session •May 6th – Tentative Budget adoption (Regular Agenda 9D) •June 3rd – Final Budget adoption (considered during public hearing) * Click links for presentation and recorded meetings Final Budget for Adoption •Tentative Budget was adopted by Council on May 6, 2025 •Set maximum FY2026 budget at $53,396,398 • Budgeted $1 below expenditure limitation (after exclusions) • $1.12M in General Fund contingency -> Town “Wiggle Room” • Over $10M budgeted for Streets Paving purposes • $5.0M in Streets Fund for Pavement Maintenance ($7.2M total in Streets Fund) • Additional $5.4M for Palomino Blvd Reconstruction project •General Fund departmental expenditures (without contingency) • $24.0M for FY24-25 • $24.9M for FY25-26 • About 4% increase Final FY2026 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 = $53.40M General Fund $26.05M $7.24M Streets Fund Cap Projects Fund Facilities Reserve Fund Special Revenue Fund Econ Dev Funds* $12.71M $1.00M $4.69M $0.97M $0.73M All Other Funds *Economic Dev Fund Downtown Strategy Fund Tourism Fund Fiscal Year 2026 Changes from Prior Year Budgeted Amounts FY2025 FY2026 Difference % Difference Projected Revenues* $ 36,197,373 $ 41,140,872 $ 4,943,499 13.7% Budgeted Expenditures** $ 45,151,633 $ 53,396,398 $ 8,244,765 18.3% ELR Exclusions $ 9,449,491 $ 16,732,213 $ 7,282,722 77.1% Expenditure Limitation $ 35,588,003 $ 36,581,877 $ 993,874 2.8% *$3M of projected revenues will only be realized if Town receives pass-through grant for IDSDC ** FY2026 Budgeted Expenditures increased by 18.3% for two primary reasons: (1) Palomino Reconstruction Project budgeted for up to $5.4M, and (2) $3M of budgeted expenditures would be used if Town passes through federal grant monies to the IDSDC Budget Comparisons – General Fund Municipality Primary Property Tax Secondary Property Tax FY2025 General Fund & Public Safety Budgeted Expenditures Population (2024 Census) Expenditures Per Capita Paradise Valley* $ 40,822,973 12,523 $ 3,260 Scottsdale Yes Yes 621,671,392 246,170 2,525 Chandler Yes Yes 577,776,840 281,231 2,054 Tempe Yes Yes 322,513,851 190,114 1,696 Mesa** Yes 796,625,862 517,151 1,540 Queen Creek*** Yes 122,125,639 83,781 1,458 Apache Junction 55,474,336 44,309 1,252 Fountain Hills 26,051,539 23,696 1,099 Gilbert Yes 306,679,270 288,790 1,062 East Valley Municipality Comparisons for FY 2024-25 ***Includes police and fire services expenditures in Queen Creek's Emergency Services Fund *Includes fire services expenditures in Paradise Valley's Fire Services Funds **Includes additional police and fire services expenditures in Mesa's Public Safety and Quality of Life Sales Tax Funds Council Questions? ITEM 8. B. TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Date: 06/03/2025 Meeting Type: Town Council Regular and Special Meetings 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 and Special Meetings (Agenda Language): CONSIDERATION AND POSSIBLE ACTION: Approving a request from Republic Services to increase fees above contract renewal limits. Staff Summary (Background) In late 2018, the Town conducted a request for proposals (RFP) process for solid waste services, and in January 2019, a contract was executed with Allied Waste Transportation, Inc. (DBA Republic Services). The initial term of the contract expired on January 15, 2024, and the contract allowed for 3 optional renewals that could extend the contract terms through January 15, 2027. The contract also includes an automatic 3.5% annual increase applied to solid waste & recycling pickup fees, which Republic Services automatically applied from 2019 through current day. Although the first 2 of 3 renewals were executed, Republic Services is requesting an additional 10.5% of price increases above the automatic 3.5% (14% combined) in its final renewal with the Town that would extend the contract from January 16, 2026 through January 15, 2027. According to Republic Services, its operating costs for servicing Fountain Hills residents have far surpassed the rate increases since 2019, and the rates for 2026-27 no longer cover operating costs. The initial combined rate in 2019 for most residents was $14.37 per month, which included solid waste ($8.43) and recycling ($5.94) pickups once per week. With the automatic annual 3.5% increase, the same services are currently billed in 2025 by Republic Services at $17.67 per month, including solid waste ($10.37) and recycling ($7.30) pickup services. Including Republic Services' proposed price increase for its final renewal would increase these same rates to a combined monthly rate of $20.14 in 2026, including about $11.81 for solid waste and $8.33 for recycling pickup services. After the final renewal, the Town will publish a request for proposals in 2026 for solid waste pickup services beginning in early 2027. According to a municipal rates comparison provided by Republic Services, residents of other local municipalities pay the following combined monthly rates for solid waste and recycling pickup services: Town of Fountain Hills residents - Republic Services 2025 monthly rate - $17.67 City of Phoenix residents - City of Phoenix 2025 monthly rate - $36.64 City of Surprise residents - Waste Management 2025 monthly rate - $26.07 City of Avondale residents - City of Avondale 2025 monthly rate - $27.00 City of Glendale residents - City of Glendale 2025 monthly rate - $29.75 City of Mesa residents - City of Mesa 2025 monthly rate - $33.17 Town of Gilbert residents - Town of Gilbert 2025 monthly rate - $27.55 City of Buckeye residents - Republic Services 2025 monthly rate - $25.53 Sidiq Young, the General Manager of the North Phoenix region of Republic Services, will be presenting this information to Mayor and Council and will be available for any questions. Related Ordinance, Policy or Guiding Principle N/A Risk Analysis If not approved, the Town will immediately begin a Request for Proposals (RFP) process to seek best pricing for solid waste and recycling pickup services for Town residents beginning in January 2026. However, there is a risk that this bidding process will result in higher fees for Town residents than the Republic Services proposed increased fees for 2026. Recommendation(s) by Board(s) or Commission(s) Staff Recommendation(s) N/A SUGGESTED MOTION MOVE to approve a request from Republic Services to increase fees above contract renewal limits and enter into a final renewal with Republic Services through January 15, 2027 OR MOVE to deny a request from Republic Services to increase fees above contract renewal limits, and move forward with a Request for Proposals process to procure pickup services beginning in January 2026 Attachments Reppublic Services - 1st Renewal through January 2025 Republic Services - 2nd Renewal - through January 2026 Republic Services - Contract 2019-01 Republic Services Presentation www.fountainhillsaz.gov TOWN OF FOUNTAIN HILLS 16705 E. Avenue of the Fountains, Fountain Hills, AZ 85268 480.816.5100 | Fax: 480.837.3145 Allies Waste Transportation, Inc. d/b/a Republic Services of Phoenix 4811 W. Lower Buckeye Rd. Phoenix, Arizona 85043 Re: Contract Renewal Confirmation The Town of Fountain Hills (the “Town”) entered into Contract No. 2019-001, dated January 15, 2019, with Allies Waste Transportation, Inc. d/b/a Republic Services of Phoenix (“Contractor”) for Solid Waste and Recycling Services (the “Agreement”). The Town is hereby providing written notice of its intent to extend the Agreement for an additional term as permitted in Section 1.0 of the Agreement and requests your acceptance to exercise this 2nd renewal option. By signature below, both the Allies Waste Transportation, Inc. d/b/a Republic Services of Phoenix give their consent that said Agreement is renewed for an additional term, from January 1 , 2025, through January 15, 2026. In all other respects, the Agreement is affirmed and ratified and, except as expressly modified herein, all terms and conditions of the Agreement shall remain in full force and effect. If you have any questions regarding this notice, please do not hesitate to contact Rob Durham, Procurement Administrator, at 480-816-5128 and/or rdurham@fountainhillsaz.gov. _______________________________ Rachael Goodwin, Town Manager AGREED TO AND ACCEPTED: Allies Waste Transportation, Inc. d/b/a Republic Services of Phoenix a(n) Delaware corporation By: Name: Title: cc: File / Procurement Town Clerk Thursday, March 14, 2024 Town of Fountain Hills Waste Services Contract Extension June 3rd, 2025 Agenda Rate Comparison to Other PI Methods RSG Cost Increases vs PI Rate Comparisons to Other Municipalities Q&A RSG Ask and The Why Introduction/Agenda RFP Expectations CONFIDENTIAL3 RSG Ask and Why: The What: •We are requesting an additional 10.5% PI (on top of the annual 3.5%) for final extension from Jan 15, 2026 – Jan 15, 2027. •The rate would increase from ’25-’26 $17.67/month rate to $20.14 for ‘26-’27. The Why: •When the contract was amended in 2019, to include the flat 3.5% annual rate increase, no one could have predicted a global pandemic and the hyper inflation that followed. •Operating costs for servicing the residents of the Town of Fountain Hills have far surpassed the rate increases for the past few years. Why Now: •After 4 consecutive years of cost increases that out pace the rates increases, the rates for 2026-27 no longer cover operating costs. CONFIDENTIAL4 Current Rates Compared to RSG Cost and CPI/WST Index 15.00 16.00 17.00 18.00 19.00 20.00 21.00 22.00 23.00 24.00 2021 2022 2023 2024 2025 Fountain Hills Rate Comparison Actual Fountain Hills Rates (3.5% PI/Yr) If Rate Increase By Actual Republic Cost Increase % If Rates Increased By WST Index (Water, Sewer, Trash) If Rate Increased By CPI-All Index (All Items) CONFIDENTIAL5 Cost Increases VS Rate Increases 2021 2022 2023 2024 2025 Transportation (to landfill or Recycle center) Cost Increased by 43.1% from '21 to '25 YTD 2021 2022 2023 2024 2025 Resident Rate (PI @ 3.5% Per Year) Rate Increased by 14.7% from '21 to '25 YTD 2021 2022 2023 2024 2025 Operating Labor Cost Increased by 42% from '21 to '25 YTD 2021 2022 2023 2024 2025 Truck Parts/Supplies/Maintenace Costs Cost Increased by 38.5% from '21 to '25 YTD 2021 2022 2023 2024 2025 Admin Costs (Salaries, etc.) Cost Increased by 23.1% from '21 to '25 YTD 2021 2022 2023 2024 2025 Fuel and fluids Cost increased by 6.2% from '21 to '25 YTD CONFIDENTIAL6 Municipal Rates Comparison CONFIDENTIAL7 Town of Fountain Hills 2027 RFP Expectations While we can't predict the outcome, based on our experience with competitive bids and our current costs, we believe Fountain Hills will see higher cost when the contract goes out to RFP. Other Muni rates are averaging around $29/month for 1 Trash and 1 Recycle cart pick-up per week. Between 2020 and 2024, inflation and rising costs reached historic levels Inflation has decreased in the last 12 months. The sharp cost increases we've seen in the past are what brought us to this discussion today. Q&A ITEM 8. C. TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Date: 06/03/2025 Meeting Type: Town Council Regular and Special Meetings Agenda Type: Regular Agenda Submitting Department: Administration Prepared by: Angela Padgett-Espiritu, Executive Assistant, TM/M/TC Staff Contact Information: David Trimble, Deputy Town Manager/Admin. Serv. Dir. Request to Town Council Regular and Special Meetings (Agenda Language): CONSIDERATION AND POSSIBLE ACTION: Approving Resolution 2025-08, approving the Intergovernmental Agreement renewal with the Regional Public Transit Authority - Valley Metro, relating to transit services in Fountain Hills. Staff Summary (Background) The Town of Fountain Hills and the Regional Public Transportation Authority (RPTA), also known as Valley Metro, have long partnered through annual Intergovernmental Agreements (IGAs) to provide transit services. Each fiscal year, a revised IGA is provided to the Town Council for consideration. Last year, the Council directed staff to discontinue the 515 Express Bus service due to low ridership and budgetary constraints, while retaining the RideChoice program. However, RideChoice has become increasingly underfunded due to a sharp rise in usage and limited funding sources. Without intervention, the Town is projected to be unable to fund the program beginning in fiscal year (FY) 2028—or possibly sooner, depending on ridership. Staff is presenting alternative options for discussion and potential Council action related to the IGA. Despite this, staff believe the Town can continue to fund RideChoice without General Fund assistance through the current IGA term (FY 2026). Therefore, staff recommends proceeding with the proposed FY 2026 IGA while also beginning preparations for necessary adjustments by FY 2027 to be fully implemented by FY 2028. Please see the full staff report attached 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 the FY 2026 IGA with RPTA. SUGGESTED MOTION MOVE to approve Resolution 2025-08. Fiscal Impact Fiscal Impact:$0 General Fund Budget Reference:Fund 400 Funding Source:Regional Public Transportation Funds If Multiple Funds utilized, list here:Public Transportation and Arizona Lottery Funds Budgeted: if No, attach Budget Adjustment Form:Yes Attachments Staff Report Presentation Transit Resolution for FY 2026 IGA_TSA Original Agreement Summary The Town of Fountain Hills and the Regional Public Transportation Authority (RPTA), also known as Valley Metro, have long partnered through annual Intergovernmental Agreements (IGAs) to provide transit services. Each fiscal year, a revised IGA is provided to the Town Council for consideration. Last year, the Council directed staff to discontinue the 515 Express Bus service due to low ridership and budgetary constraints, while retaining the RideChoice program. However, RideChoice has become increasingly underfunded due to a sharp rise in usage and limited funding sources. Without intervention, the Town is projected to be unable to fund the program beginning in fiscal year (FY) 2028—or possibly sooner, depending on ridership. Staff is presenting alternative options for discussion and potential Council action related to the IGA. Background Historically, the Town has offered two transportation programs under its IGA with RPTA: the 515 Express Bus and RideChoice. Both were fully funded through regional transit sources. One of these sources will no longer be available after FY 2026. To date, no General Fund dollars have been budgeted for public transit. However, to address the structural funding shortfall and preserve RideChoice, General Fund support may be something to consider in future years. While the 515 Express Bus service was discontinued per Council direction, operational policies required the service to continue through April 2025. It was initially expected that removing this service would extend RideChoice funding through FY 2030. However, due to a significant and unexpected increase in RideChoice usage, the funding shortfall is now projected to occur by the end of FY 2027. If ridership grows again in FY 2026, the Town may struggle to fund the program even through FY 2027. Despite this, staff believes the Town can continue to fund RideChoice without General Fund assistance through the current IGA term (FY 2026). Therefore, staff recommends proceeding with the proposed FY 2026 IGA while also beginning preparations for necessary adjustments by FY 2027 to be fully implemented by FY 2028. Current Transit Service: RideChoice With the discontinuation of the 515 Express Bus, RideChoice is now the Town’s only active transit program. In place since 2014, RideChoice is an on-demand, door-to-door service that includes Uber, Lyft, taxicabs, and accessible vehicles as needed. It is available to residents with disabilities and those aged 65 and older. Eligibility does not require ADA certification for seniors. Currently, 178 residents are enrolled in the program, 23 of whom are ADA-certified. Ridership has increased significantly—by approximately 40% in both FY 2024 and FY 2025, nearly doubling over two years. For FY 2025, the Town and Valley Metro originally projected 1,650 trips; however, actual usage is trending toward 2,300 trips. The FY 2026 IGA anticipates 2,400 trips. Funding Sources and Budget Shortfall RideChoice is funded through two regional sources restricted for transit use: 1. Public Transportation Fund (PTF): Sourced from a 0.5% countywide sales tax (Proposition 400/479). Voter-approved Proposition 479, passed in November 2024, continues this tax but prohibits PTF funding from being used for RideChoice starting in FY 2027. 2. Arizona Lottery Fund (ALF): Provides an annual allocation to RPTA member cities, based on population. Fountain Hills typically receives about $60,000 annually, a figure that has remained fairly consistent. With PTF funding unavailable after FY 2026 and ALF funding expected to remain flat, the RideChoice program faces a structural deficit. Expenses are anticipated to be roughly double the amount of available funding, resulting in a shortfall of approximately $60,000 initially and rising to over $80,000 per year over the next six fiscal years. The Town has been able to avoid using General Fund monies due to an ALF cash reserve, but that balance is projected to be fully depleted by the end of FY 2027. Staff Recommendation Staff recommends proceeding with the proposed FY 2026 IGA as currently written, as funding appears sufficient. However, to address the structural imbalance and prepare for the expiration of PTF support, Council consideration of longer-term alternatives is advised. RideChoice Cost-Saving Alternatives Decrease RideChoice Services • Revert to Original Fare Model: Eliminate the “mileage option” and return to the original fare structure of $3 for the first 8 miles plus $2 for each additional mile. This change would increase rider costs for longer trips, potentially reducing demand over time. Examples: o HonorHealth (10 miles one way): ▪ Current fare: $6 round-trip. ▪ New fare: $14 round-trip. o Mayo Clinic (14 miles one way): ▪ Current fare: $6 round-trip. ▪ New fare: $30 round-trip. • Restrict Program to ADA-Certified Riders: Currently, 155 of the 178 registered users are over age 65 and not ADA-certified. Limiting the program to ADA-certified users could significantly reduce participation. However, the actual impact would depend on how many of those 155 could qualify if required. • Pause Service Mid-Year Once ALF Funds Are Exhausted: The Town could stop RideChoice services once the $60,000 in annual ALF funds is spent and resume at the start of the new fiscal year. This option would require coordination with Valley Metro to monitor usage and execute a mid-year pause—something that may be a new concept for Valley Metro. • Discontinue RideChoice Entirely: The Town could opt to end the program and decline the annual $60,000 in ALF funding. • Combination of Options: The Town may also explore a hybrid approach, such as restricting eligibility and implementing fare changes or mid-year pauses. Note: Unlike bus service changes, RideChoice adjustments can occur mid-year with approximately four months' notice to participants. Allocate General Fund Monies • Maintain Current Service Levels: Allocate $60,000–$80,000 annually to offset the shortfall beginning in FY 2027. This would allow the program to continue as-is. Combination of Service Reductions and General Fund Support • Reduce RideChoice services while providing partial General Fund subsidies (e.g., $30,000–$40,000 per year) to cover any remaining gap. This approach provides flexibility and preserves service access while managing costs. 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 RideChoice program, 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 coordinates the volunteer Give-A-Lift program, through a network of volunteer drivers who supply their own insurance and 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. 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, and Proposition 479 in November 2024 RPTA is the recipient of the transit portion of the twenty-year countywide 0.5% sales tax fund that began in 2006. 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. Transit Cash Flow Updated for FY 2026 FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 FY 2028-29 FY 2029-30 FY 2030-31 515 Bus Service Expense (2 Round Trips) (124,626) (100,028) 0 0 0 0 0 0 515 Bus Service PTF Allocation + Fares, etc. (Income) 65,039 60,167 0 0 0 0 0 0 515 Bus Service Net Remaining to be paid by Town (59,587) (39,861) 0 0 0 0 0 0 RideChoice Expense (70,069) (101,000) (110,000) (115,500) (121,275) (127,339) (133,706) (140,391) RideChoice PTF Allocation (Income) 0 34,743 18,245 0 0 0 0 0 RideChoice Net Remaining to be paid by Town (70,069) (66,257) (91,755) (115,500) (121,275) (127,339) (133,706) (140,391) Arizona Lottery Fund (ALF) (Anticipated Yearly Income) 60,255 60,225 60,000 60,000 60,000 60,000 60,000 60,000 Total Expenses (194,695) (201,028) (110,000) (115,500) (121,275) (127,339) (133,706) (140,391) Total Anticipated Income 125,294 155,135 78,245 60,000 60,000 60,000 60,000 60,000 Expenses vs. Income (69,401) (45,893) (31,755) (55,500) (61,275) (67,339) (73,706) (80,391) Cash Balance Available 186,323 140,430 108,675 53,175 (8,100) Notes: All amounts except FY 2023-24 are estimates and can vary depending on demand for services and funding availability. The 515 was discontinued in April of 2025 so FY 2024-25 includes 10 months of charges. RideChoice Expense for FY 2024-25 ($101,000) is about $37,000 higher than the IGA to more accurately reflect the ridership growth. RideChoice PTF Allocation for FY 2024-25 is the combined allocation for both 2023-24 and 2024-25 FY 25-26 RideChoice Expense ($110,00) is about $9,000 higher than the IGA to provide a cushion for ridership growth expenses. FY 27-2031 assumes PTF is unavailable & RideChoice expenses grow 5% per year, at a per trip cost of $40 Transit Services Intergovernmental Agreement with Valley Metro Dave Trimble, Deputy Town Manager / Administrative Services Director June 3, 2025 Overview 1 Introduction Preview of today’s presentation •Provide an overview of transit services and why we are presenting today. •Overview RideChoice program ridership. •Look at cash flow and related funding problem. •Preview of some options that we will want to be thinking about implementing for this time next year. Overview •No General Fund monies currently spent on transit. •Last year, the Council directed staff to discontinue the 515 Express Bus service due to budgetary constraints and low ridership. The 515 stopped in April of 2025. •Budgetary issues unfortunately continue due to rising usage and decreasing funding. This shortfall should be addressed by this time next year or we could run out of funds. (More about this in subsequent slides.)2 •Each fiscal year the Town & Valley Metro enter into an Intergovernmental Agreement (IGA). (effective July 1 of each year) Overview – Current Services and Budget •One Transit Service in the IGA with Valley Metro •RideChoice (Age 65+ and/or those with disabilities) •Two Funding Sources (Only one funding source after FY 2026) 1)PTF (Public Transportation Funds / “Prop 400/479”) •PTF is projected to be unavailable in FY 2027 & beyond 2)ALF (Arizona Lottery Funds) •Expenses are projected to be approximately $32,000 more in FY 2026 than available funding. This imbalance is expected to increase each year. •The Town has accumulated a reserve of funds for operations, which is projected to be depleted in FY 2028. •The amounts in the IGA are estimates and actuals are calculated after the fiscal year ends and the Town receives either an additional invoice for services, or a refund depending on circumstances. (An invoice is expected when FY 2025 is completed based on increased ridership.)3 RideChoice FY19 FY20 FY21 FY22 FY23 FY24 FY25*FY26*FY27*FY28*FY29*FY30*FY31* 3,500 3,000 2,500 2,000 1,500 1,000 500 0 RideChoice Trips RideChoice Usage 4 *FY 25 – 31 are estimates 1,500 Rides is approximately equivalent to available funding Cash Flow 5 Transit Cash Flow Updated for FY 2026 FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 FY 2028-29 FY 2029-30 FY 2030-31 515 Bus Service Expense (124,626)(100,028)0 0 0 0 0 0 515 Bus Service PTF Allocation + Fares, etc. - Income 65,039 60,167 0 0 0 0 0 0 515 Bus Service Net Remaining to be paid by Town (59,587)(39,861)0 0 0 0 0 0 RideChoice Expense (70,069)(101,000)(110,000)(115,500)(121,275)(127,339)(133,706)(140,391) RideChoice PTF Allocation – Income 0 34,743 18,245 0 0 0 0 0 RideChoice Net Remaining to be paid by Town (70,069)(66,257)(91,755)(115,500)(121,275)(127,339)(133,706)(140,391) Arizona Lottery Fund (ALF) – Income 60,255 60,225 60,000 60,000 60,000 60,000 60,000 60,000 Total Expenses (194,695)(201,028)(110,000)(115,500)(121,275)(127,339)(133,706)(140,391) Total Anticipated Income 125,294 155,135 78,245 60,000 60,000 60,000 60,000 60,000 Expenses vs. Income (69,401)(45,893)(31,755)(55,500)(61,275)(67,339)(73,706)(80,391) Cash Balance Available 186,323 140,430 108,675 53,175 (8,100) Notes: •All amounts except FY 2023-24 are estimates and can vary depending on demand for services and funding availability. •The 515 was discontinued in April of 2025 so FY 2024-25 includes 10 months of charges. •RideChoice Expense for FY 2024-25 ($101,000) is about $37,000 higher than the IGA to more accurately reflect the ridership growth. •RideChoice PTF Allocation for FY 2024-25 is the combined allocation for both 2023-24 and 2024-25 •FY 25-26 RideChoice Expense ($110,00) is about $9,000 higher than the IGA to provide a cushion for ridership growth expenses. •FY 27-2031 assumes PTF is unavailable & RideChoice expenses grow 5% per year, at a per trip cost of $40 200,000 150,000 100,000 50,000 0 -(50,000) -(100,000) FY 23-24 FY 24-25 FY 25-26 FY 26-27 FY 27-28 FY 28-29 FY 29-30 FY 30-31 Transit Cash on Hand Cash Flow 6 Beginning in FY 27-28 Cash Balance Expected to be Depleted Options for Shortfall Options for Budget Shortfall 1.Decrease Services 1.Increase Fares: Revert to the original fare model instead of the “mileage option” (discontinue the “mileage option”) 2.Discontinue service for non-ADA (Americans with Disabilities Act) certified riders (those age 65+ that are not ADA certified) 3.Pause the program during the year when budgetary thresholds are met and restart each year when funding is received (more discussion with VM staff necessary for logistics) 4.Discontinue the program entirely 2.Allocate General Fund Monies ($60k - $80k per year) •Would appear as a budget supplement next year 7 Questions? RESOLUTION 2025-08 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 03, 2025. 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 # 124-75-2026-09-00 THIS AMENDMENT dated this 1st day of July 2025, amends the following items of the Transit Services Agreement Contract # 124-75-2025 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, July 1, 2023, and July 1, 2024. The following Schedules replace those Schedules of the agreement entered into July 1, 2024. The attached Schedule A replaces and supersedes Schedule A entered into July 1, 2024. The attached Schedule B replaces and supersedes Schedule B entered into July 1, 2024. The attached Schedule D replaces and supersedes Schedule D entered into July 1, 2024. The attached Schedule E replaces and supersedes Schedule E entered into July 1, 2024. 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 By: ________________________________________________ Town of Fountain Hills, Town Manager By: ________________________________________________ Town of Fountain Hills, Town Clerk APPROVED AS TO FORM: By: ________________________________________________ Town of Fountain Hills, Town Attorney SCHEDULE “A”- REGIONALLY FUNDED FIXED ROUTE BUS SERVICE Regionally Funded Fixed Route Bus Service $0.00 (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 For the period from July 1, 2025 through June 30, 2026, the Town of Fountain Hills will pay the Regional Public Transportation Authority a total of $0.00 for the provision of fixed route bus services. This payment will be broken into quarterly installments of $0.00, 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 may be adjusted based on the extent to which the actual cost of service is higher than the budget amount for service. FY26 Fixed Route Bus Estimate RPTA Operated in the City of Fountain Hills Funding Fountain H HASTUS Fountain H Level Route Miles Gross Cost Fares PM Net Cost - $0 $0 $0 $0Grand Total SCHEDULE “D” – RIDE CHOICE For the period from July 1, 2025 through June 30, 2026, the Town of Fountain Hills will pay the Regional Public Transportation Authority a total of $82,918.00 for the provision of ridechoice services. This payment will be broken into quarterly installments of $20,729.50, which shall be due and payable within thirty (30) calendar days of the receipt of an invoice from RPTA. IGA billings will be processed for the full fiscal year based on the above referenced installments. A final invoice will occur once the final recon has been completed after our year end close. This final invoice and payment may be adjusted based on the extent to which the actual cost of service is higher than the budget amount for service. FY26 RideChoice Service Funded by Town of Fountain Hills RideChoice Trips: RideChoice ADA Trips 1,783 RideChoice Non-ADA Trips 617 Total Trips 2,400 Cost: Contractor Transportation Cost 103,114$ RPTA Salaries, Fringes & OHD $4,961 Total Gross Program Cost 108,075$ Total Fare Revenue (6,912)$ Total Net Program Cost before PTF 101,163 Cost for ADA Service 75,156 Cost for Non-ADA Service 26,007 PTF Balance Available 18,245 PTF Applied 18,245 Member City Contributions: RideChoice ADA trip Costs 56,910$ RideChoice non-ADA trip Costs 26,007$ Total Member City Contribution 82,918$ SCHEDULE “E” – AMERICANS WITH DISABILITIES ACT (ADA) – PUBLIC TRANSPORTATION FUNDS (PTF) AVAILABILITY For the period July 1, 2025, to June 30, 2026, the maximum amount of Public Transportation Funds (PTF) available for the Town of Fountain Hills is $18,245.00. 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 2025-26 $18,245.00 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. 3 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; 4 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. 5 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 6 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. 7 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 8 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 9 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 10 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. 11 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. 12 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 13 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 14 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 15 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 16 FOUNTAIN HILLS TRANSIT SERVICES IGA 2014 15 SCHEDULE "A"INTENTIONALLY LEFT BLANK SCHEDULE "B"INTENTIONALLY LEFT BLANK SCHEDULE "C"INTENTIONALLY LEFT BLANK 17 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 18 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. 19 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 20 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. 21 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 22 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 ITEM 8. D. TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Date: 06/03/2025 Meeting Type: Town Council Regular and Special Meetings Agenda Type: Regular Agenda Submitting Department: Fire Department Prepared by: Dave Ott, Fire Chief Staff Contact Information: Dave Ott, Fire Chief Request to Town Council Regular and Special Meetings (Agenda Language): CONSIDERATION AND POSSIBLE ACTION: Approving the purchase of a Fire Department Type 6 Brush Truck to replace Truck #174. Staff Summary (Background) Staff recommends that the Town Council authorize the Fire Department to identify, secure, and purchase a replacement Type 6 Brush Truck for Vehicle #174, utilizing funds budgeted and available in the Fiscal Year 2025–2026 Vehicle Replacement (VRAD) Fund, not to exceed $390,000. Background: Vehicle #174, a 2012 Ford F-550 Type 6 Brush Truck, has reached the end of its reliable service life and is scheduled for replacement as part of the Town’s fleet management and capital replacement program. Replacement of this unit is critical to maintaining the Town’s emergency response capabilities, particularly during wildfire season. A Type 6 Brush Truck is a specialized wildland firefighting vehicle designed to access off-road areas and operate in rugged terrain where larger fire engines cannot reach. These trucks are typically built on a heavy-duty pickup chassis, equipped with a water tank, high-pressure pump, hose reels, and specialized tools for wildland and interface fire suppression. They are often used as initial attack units, capable of quickly responding to brush fires before they grow in size or threaten structures. Brush trucks are also valuable in patrol and mop-up operations and can be deployed during mutual aid requests or regional wildland fire responses. Funding: The FY2025–2026 budget, if passed, includes $390,000 in the Vehicle Replacement (VRAD) Fund specifically for the replacement of Vehicle #174. Staff has identified a potential opportunity to purchase a demonstration (demo) model Type 6 Brush Truck that is currently in production, at an estimated cost of approximately $315,000. Acquiring this demo unit would represent a cost savings and allow for earlier delivery and deployment. If the demo unit is no longer available before funds can be committed, the alternative option would be to pursue a new, custom-built Type 6 Brush Truck. This option is estimated to cost approximately $360,000 and would involve a delivery timeframe of 12 to 18 months. Procurement: Both the demo and custom-built vehicles are available through vendors participating in cooperative purchasing agreements under the General Services Administration (GSA) schedule. The Town is a member of these programs, which allows the procurement process to remain compliant with all applicable purchasing regulations and competitive bid requirements. Requested Action: Staff requests Town Council approval to proceed with the identification, acquisition, and purchase of a replacement Type 6 Brush Truck for Vehicle #174. The selected unit will be obtained at the most cost-effective price using available FY2025–2026 VRAD funds through an approved cooperative purchasing agreement. Related Ordinance, Policy or Guiding Principle This purchase meets the requirements of replacement of vehicles over 10 years old under the Vehicle Replacement Policy. Risk Analysis Replacement of Truck 174 is in compliance with the Vehicle Replacement Policy for vehicle replacement at the 10-year life of a vehicle. Maintaining an up-to-date and well-running fire fleet is important for the safety of the Town's residents, business, visitors and Wildland Urban Interface areas. Recommendation(s) by Board(s) or Commission(s) Staff Recommendation(s) Staff recommends Approval of the purchase of a replacement Type 6 Brush Truck in compliance with the Vehicle Replacement Policy and funding and FY26 budget authority available in the Vehicle Replacement Fund. Pricing not to exceed $390,000. SUGGESTED MOTION MOVE to Approve the purchase of a new Type 6 Brush Truck to replace Truck #174, not to exceed $390,000. Fiscal Impact Fiscal Impact:NTE $390,000.00 Budget Reference: Funding Source:Vehicle Replacement Fund FY26 If Multiple Funds utilized, list here: Budgeted: if No, attach Budget Adjustment Form:YES Attachments REV 2 QTAC Qty Price Each Extended Price 1 $285,906.77 $285,906.77 1 $26,303.42 $26,303.42 1 $1,000.00 $1,000.00 1 $313,210.20 $313,210.20 Fountain Hills Fire Department 4/23/2025 Garett Adelman 4/23/2025 Signature Date Signature Date Garett Adelman Printed Name Printed Name Director of Sales Title Title Offer and Purchase Agreement for: Fountain Hills Fire Department Republic EVS Signature below represents acceptance of above contract and terms: Date Offered: April 23, 2025 Three Hundred Thirteen Thousand Two Hundred Ten Dollars and Nineteen Cents $313,210.20 One (1) Ward Apparatus Type 6 Quick Attack on 2023 Ford F-550 4 x 4 Gasoline Powered Chassis, Four Door Cab Tax (Based on a Rate of 9.2%) Offer is based on build quote and any reference drawings if applicable. Prior to ambulance construction, a final engineered build quote will be provided for customer review and approval. Any changes requested may result in additional charges. One (1) Ward Apparatus Type 6 Quick Attack on 2023 Ford F-550 4 x 4 Gasoline Powered Chassis, Four Door Cab Delivery Terms: Delivery shall be 180 days or less after Receipt of PO as well as approved work order and production drawing if applicable. F.O.B. shall be Huntington Beach. Chassis VIN Number(s): To Be Determined After Production Start Date Quoted prices that include factory rebates are subject to change. If the rebate amount changes or becomes unavailable the difference will be invoiced to the purchaser. Chassis prices are subject to change by the OEM. If the price changes, the difference will be invoiced to the purchaser. Large ticket items (cot hardware, radio equipment, etc.) may ship prior to construction and will be invoiced to purchaser at that time. Previously invoiced equipment costs will be deducted from the final balance. Description HGAC Fee Total Purchase Price Payment Terms: 100% of the contract payment is due at time of delivery unless otherwise specified in writing. Title for the ambulance will be delivered within fourteen (14) business days after payment has processed through the financial institution. Republic EVS 16182 Gothard St, Unit V Huntington Beach, CA 92647 QTAC Fire and Rescue Apparatus a product of MTECH, Inc. 1072 Marauder, Suite 210 Chico CA 95973 +1.888.797.5100 www.qtacfire.com Page 1 of 12 QTAC Super 6 ™ **Based on a 60” C/A Ford F-550 or RAM 5500 Chassis Specification Rev 0 Proposal # 012125-01 Prepared for: FOUNTAIN HILL ARIZONA PRICE INCLUDES ALL ITEMS DESCRIBED IN ENCLOSED SPEC $ 355,920.00 /EA.* THIS IS A PROVISIONAL SPEC FINAL PRICING AND DETAILS TO BE DETERMINED. THIS DOCUMENT IS NOT A BINDING CONTRACT UNTIL ALL PARTIES SIGN AND APPROVE THE SPECIFICATION, THE BUYER ISSUES A FORMAL PURCHASE ORDER AND THE MANUFACTURER SUPPLIES A FORMAL SALES AGREEMENT. SIGNING AND RETURNING THIS DOCUMENT DOES NOT CONFIRM THE SALE OR LOCK PRICING. ANY CHANGE TO THE SPECIFICATION AFTER A SALES AGREEMENT IS IN PLACE WILL REQUIRE A CHANGE ORDER. California tax rate would apply if vehicle is not delivered or shipped out of state. NOTE: Pump performance based on sea level test. Price does not include delivery or shipping charges. SPECIFICATION Page 2 of 12 NOTE: THIS IS A PROVISIONAL SPEC, CONTINGENT UPON CUSTOMER’S FINAL CHASSIS CONFIGURATION AND REVIEW 1.0 VEHICLE PERFORMANCE AND DOCUMENTATION At the time of delivery, the contractor shall supply the following information for the vehicle: 1. Owner's name and address 2. Chassis data placard with the following information: • FVMSS placard • Apparatus name, model, and serial number • Chassis make, model and VIN number • GVWR • Curb (empty) weight • GAWR, front and rear axles • Front tire size, total rated capacity in pounds • Rear tire size, total rated capacity in pounds • Type of fuel and capacity • For each pump, make model, rated capacity in GPM, serial number, and critical fluids information • Foam cell capacity in US gallons (if applicable) • Weight documents 1.1 OPERATIONAL DOCUMENTATION The contractor shall supply the following operational and service documents with the finished apparatus: • Complete operational manual for body upfit and lighting controllers • Complete wiring diagram for all electrical components installed by the manufacturer • Operational instructions provided by the chassis manufacturer • Maintenance schedules for all items installed by the manufacturer • All materials shall be supplied in print form and on USB flash drive 1.2 PROJECT TIMELINE The project timeline shall be established upon receipt of initial deposit. Chassis manufacturer delays that impact the production schedule will affect final delivery date. 2.0 CHASSIS Ford F-550 4X4 Crew cab, equipped with a 6.7L V8 turbo diesel engine, TorqShift 10-speed automatic transmission with 4.30 gear ratio, and GVWR of 19,500lbs. Page 3 of 12 2.1 REAR BUMPER Aluminum Super 6 rear Step/Bumper shall measure 93” L x 9” W x 9” H and attach to the sub-frame. Bumper shall feature an NFPA extruded aluminum top plate cover and shall contain six (6) LED clearance lights, and one (1) license plate lights. Powdercoated black. 3.0 CHASSIS MODIFICATION 3.1 SUSPENSION Chassis shall be modified with a Buckstop Truckware Stage 2 single wheel conversion kit and is to include a 3½” lift kit with replaced shock and spring suspension system, reinforced radius arms, and heavy-duty track bar. 3.2 WHEELS Five (5) Buckstop Truckware aluminum single-piece 11” x 20” wheels shall be reversable with a specially designed offset to accommodate the 12” difference in axle length. Black. 3.3 TIRES Five (5) Continental MPT 81 335/80 R20 Tires shall be mounted to wheels and measure 40.6” tall x 12.4” wide with a speed rating 68 MPH and max payload rating of 6779lbs @ 96psi. 3.4 MUD FLAPS Two (2) rubber mudflaps measuring 19.5” W x 17” T shall be mounted behind each rear wheel. 3.5 FRONT BUMPER A Buckstop Truckware extra-wide bumper constructed of steel, 3/8” thick in primary impact zone, ¼” under the headlights and mounted at the front of the vehicle. The bumper shall feature two (2) hinged, latched doors to access the winch and pre-connected hose, have two (2) LED clearance lights, and shall be of powder coat black finish. 3.6 WINCH One (1) Warn Zeon 12 platinum winch rated 12,000lbs capacity. To include 80ft of Spydura® Pro synthetic wire rope, and one (1) Wireless remote controller, mounted in the front bumper. Page 4 of 12 4.0 SUBFRAME The PolyTough™ body shall be mounted to a subframe made from carbon steel, and spring mounted to the vehicle chassis. The subframe shall feature a four (4) spring mount. All mounting hardware shall be Grade 8. The subframe shall be designed in such a way that the body floor is fully supported with no more than 400-square-inches of space between cross beams. The body compartments will be supported by outriggers welded to the subframe main structure. The entire steel subframe shall be powder coated black to mitigate the risk of corrosion. 4.1 HITCH MOUNT One (1) Curt Class 5 XD Hitch shall be mounted to the subframe, carbon-steel in material and powder coated black. Hitch shall be rated for 17,000lbs weight carrying capacity, max 2,550 tongue, with a 2” receiver. 5.0 BODY SPECIFICATIONS The QTAC PolyTough™ body shall be made of virgin copolymer plastic, a unique material that is impact resistant, lightweight, impervious to chemicals and corrosion, and resistant to fluctuations in temperature. The body shall be extrusion welded throughout, the strongest method of joining copolymer material. The tank, pump and plumbing shall be bolted separately into the body as a removable firefighting skid. One (1) QTAC PolyTough™ body. Material thickness shall include 3/8”, ½”, and ¾” copolymer sheet stock, gloss white in color. 5.1 OVERALL DIMENSIONS One (1) MTECH PolyTough™ copolymer plastic body. Material thickness shall include 3/8”, ½”, and ¾” copolymer sheet stock, gloss white in color. The apparatus body shall not exceed 112” in length, 94” in width and 59 ¾” in height (not including storage boxes). Final dimensions will be confirmed after engineering approval by customer. 6.0 BODY CONFIGURATION 6.1 DRIVER SIDE D1- Rough Opening- 25.5”W X 52.25”H- Compartment 25.5”W X 55”H D2- Rough Opening- 50.75”W X 33.25”H- Compartment 55.75”W x 36”H D3- Rough Opening- 25.75”W X 49.9375”H- Compartment 25.75”W X 52.6875”H 6.2 PASSENGER SIDE P1- Rough Opening- 25.5”W X 52.25”H- Compartment 25.5”W X 55”H P2- Rough Opening- 50.75”W X 33.25”H- Compartment 55.75”W x 36”H P3- Rough Opening- 25.75W” X 49.9375”H- Compartment 25.75”W X 52.6875”H Page 5 of 12 6.3 REAR Rear Pump Compartment- Rough Opening 51.5W X 38.625H 6.4 TOP STORAGE AND HOSE BEDS One (1) Forward Center storage- opening- 57.25”L X 52”W X 14.375”D Two (2) Side storage boxes - 57.125”L X 12”W X 11.875”D- 6 cubic feet of storage each. One (1) Rear box- 40.875”L X 31.4375”W X 11.875”D- 10.25 cubic feet of storage each. One (1) Rear hose bed storage - 40.875”L X 31.4375”W X 11.875”D- 10.25 cubic feet of storage each, for pre-connected hose (final hose ID and length to be determined by customer – may affect final compartment size). 6.5 DOORS Seven (7) roll-up compartment doors shall be manufactured by ROM, and all door slats and handles shall be extruded aluminum. Each door shall be sized to work with a welded PolyTough™ body, so that the door operates freely in temperatures ranging from -20 degrees F to 115 degrees F ambient temperatures. The roll-up doors associated trim will reduce the rough door opening dimension by approximately 2" in width and 6" in height. All doors shall be locking. Doors less than 30 inches in width shall feature one (1) interior LED light strip on the inside door rail. Doors wider than 30 inches shall feature two (2) LED light strips for compartment illumination. Track lights shall be wired to automatically activate when door is open, and deactivate when door is closed All doors shall feature a pull-down strap to aid in closing the doors on taller vehicles. All door sills shall be caulked, and sealed to ensure that water cannot entire the compartment space when the door is closed. Drip rails shall be installed above all compartment openings. The rail will be integrated into the door design and shall be part of the door header. Compartment floors shall be a sweep-out design and shall feature Dri-Deck perforated rubber tiles on the floor surface. 6.6 COMPARTMENT INTERIOR All driver and passenger side compartments shall measure 20.75” deep and shall include powdercoated gray aluminum shelving that features a 1.5” lip around the edges, and grey Zolatone textured paint as the interior finish. Page 6 of 12 Compartment D1 shall access the transverse compartment and rollout tray. Compartment P1 shall feature an aluminum enclosure housing the Kussmaul Battery maintenance system. D1 and P1 shall house a SlideMaster dual-direction telescoping cargo handler with 1/8” aluminum tray measuring 90” x 12.75”, powdercoated gray. D2 shall be equipped with one (1) PAC Tools swing-out tool board and one (1) standard tool board. The boards shall feature customizable modular mounting systems for a variety of tools and equipment. D3 shall have a transverse chainsaw storage cavity. P3 shall be set up for fitting storage and shall have two slide-out stacked trays. 7.0 BODY FINISH Two (2) 12” aluminum grab handles, upper rear of body Two (2) CPI folding Izone hooks on rear of body One (1) full span rock protector (cab end, front of body) powdercoated black Two (2) Fire Research TankVision model WLA2870-A00 tank remote indicators shall be installed on the outer right and left corners of Zone C. 7.1 ACCESS PANELS There shall be four (4) removable copolymer access panels—two passenger side, two driver side (front and rear)—shall be located in each front and rear compartment in order to conceal wiring and rear step mounts. There shall be two (2) access panels on the top of the center of the vehicle that are above the air compressor and breathing support apparatus. 7.2 FENDER FLARES The rear wheel wells and bottom of body shall be lined with an extruded, powdercoated black aluminum fender trim. The fender trim offers an aesthetically pleasing look but also protects the body from superficial damage. 7.3 WHEEL WELL LINERS There shall be one (1) copolymer wheel well liner installed over each wheel. The liner shall be constructed of 3/8” black copolymer plastic and be through bolted in three (3) places: the walls of each vertical compartment, and into the floor of the center compartment. 7.4 LICENSE PLATE FRAME The license plate frame shall be built of aluminum and will recess the license plate into bumper. 7.5 PAINT AND STRIPING Paint shall be single color matched to the chassis. Chevron Striping in Zone C on rear of vehicle, each side of pump compartment door. Page 7 of 12 8.0 ELECTRICAL SYSTEMS 8.1 AUTO-CHARGER AND SHORE POWER A single Kussmaul Auto Charge model 1500 Inverter Charger shall be used. The Auto Charger shall have the following features. • 1500 Watt Continuous /4500 Watt surge • Charger: 55 Amps Max Pure Sine Wave • Built-in automatic load transfer relay • Built-in high output 3 stage charger (1-hr boost) for rapid battery replenishment, programmable for various battery types; Gel, Lead Acid, or AGM battery • Automatic over temperature shutdown, and AC output circuit breakers • Charger will recharge depleted batteries with <1V • Automatic low battery shutdown at 10.5 VDC with in-rush delay • Power Save mode feature: automatically detects when a load is not connected to minimize energy consumption. • Heavy duty powder coated aluminum construction and conformal coated circuitry • Works with Super Auto Eject with Deluxe Covers • UL 458 Listed • Super Auto Eject o Auto Eject outlet shall be located on the lower edge of the body cab end wall, driver side. The Auto Eject and charge indicator shall be housed in a .060-inch aluminum enclosure finished to match the cab end wall body surface metal (either unfinished aluminum tread plate or powder coat). o The Auto Eject outlet cover shall be yellow. 8.2 POWER SHUT-OFF CONTROLLER The vehicle shall have a Power Tamer PT Series 5601 30A timed delay relay controller installed. The Power Tamer is designed to provide a fail-safe against discharging the vehicle battery beyond its starting requirements. The Power Tamer shall be configured to shut down all electrical requirements to the auxiliary portion of the truck (non-factory installed electronics) based on the following criteria: • Shut down power within 15 minutes of the engine ignition key being put in the Off position. This timer may be set to a different parameter should the customer request. Timer shut-offs are available from immediate (0 minutes) up to eight hours. • Shut down power if the vehicle battery discharges to 11. 8V. Page 8 of 12 9.0 WHELEN LIGHTING AND PACKAGE SIREN 9.1 ZONE A One (1) 54” Whelen Liberty II Lightbar dual color LED Red/White, with takedowns, alley lights, rear deck, CA compliant and mounted on the roof of the vehicle. Four (4) Dual-Color Ions – Red/White with black bezels shall be mounted on the grill. Two shall be used for wig-wag function. 9.2 ZONE B One (1) Dual-Color Ions – Red/White Shall be horizontally mounted on front fender. Two (2) Whelen PCPSM1C surface mount scene lights shall be mounted on the side of the body, as high as possible. One (1) M4-V Red/White Flasher/Ground Scene Illumination with black bezels shall be mounted in the passenger side wheel well. Two (2) White LED ground illumination bars under each door, activated when door is opened. 9.3 ZONE C Two (2) M6-V Red/White Emergency/Scene, opposite flash patterns with black bezels Four (4) Dual-Color Mini Ions – Red//White with black bezels mounted on eyebrow over rear door One (1) Traffic Advisor on upper eyebrow Two (2) M6 red stop/tail DOT Two (2) M6 turn DOT Two (2) M6 backup DOT Two (2) M6 red emergency flash 9.4 ZONE D One (1) Dual-Color Ion – Red/White Shall be horizontally mounted on front fender. Two (2) Whelen PCPSM1C surface mount scene lights shall be mounted on the side of the body, as high as possible. One (2) M4-V Red/White Flasher/Ground Scene Illumination with black bezels shall be mounted in the passenger side wheel well. Two (2) White LED ground illumination bars under each door, activated when door is opened. 9.5 SIREN AND CONTROLLER One (1) Whelen Core will be programmed to control all lighting and siren, with a three-position slider switch augmenting a push-button lighting panel. One (1) Whelen siren/PA speaker will be mounted in the front fender or grill, depending on chassis. Page 9 of 12 10.0 WATER TANK SPECIFICATIONS All QTAC tanks designed for use in the fire service industry shall have a capacity in U.S. gallons. All tanks shall be manufactured from stress-relieved, UV-stabilized, red or black thermoplastic copolymer polypropylene. All MTECH fire tanks are designed and built to meet or exceed NFPA recommendations that exist at the time of construction. 10.1 WATER TANK CONFIGURATION QTAC PolyTough extrusion-welded Copolymer Polypropylene construction shall be 300 gallons in water capacity and feature 3/8” internal baffles with interlocking design to meet NFPA standards. Pump suction shall be plumbed to the center of the tank with anti-cavitation device with one (1) 8 x 8” water fill tower with hinged lid and foam fill tower stainless-steel latch and one (1) 3” clean out/drain on bottom of tank. Tank is designed with an overflow pipe that vents through the fill tower and exits through the floor of the tank, unless otherwise specified by the customer. All fill and foam towers shall be manufactured of the same ½” copolymer polypropylene used throughout the exterior shell of the tank. The water fill tower shall be 8” x 8” x 10” in size and be located on the cab end, driver’s side location. A trash screen with lifting handle shall be located inside the fill tower. QTAC PolyTough foam tank, extrusion-welded Copolymer Polypropylene construction shall be 10 US gallons in foam concentrate capacity and feature 3/8” internal baffles with interlocking design to meet NFPA standards. One (1) 8” x 8” foam fill tower for with hinged lid and stainless-steel latch shall be located at the top of the tank. 11.0 PLUMBING SPECIFICATIONS Welded stainless-steel manifold with Victaulic fittings and key connection points shall be custom fabricated and feature the following: • One (1) 1" Pump-to-tank • One (1) 3" Tank-to-pump • One (1) 2.5” direct fill • One (1) 1.5" auxiliary discharge • One (1) 2.5" auxiliary discharge • One (1) 3” clean out plug in sump • One (1) discharge manifold drain • One (1) pump drain • One (1) pump cooler line Page 10 of 12 • One (1) 2-1/2” draft suction • Elkhart Brass fire-style ball valves 11.1 HOSE REEL One (1) Model EF 16.5-23-24-8 electric Hannay hose reel as the main plumbing discharge, to include chrome rollers and 100ft of 3/4” ID 300PSI red rubber booster hose, mounted next to rear pump panel. 11.2 NOZZLE One (1) nozzle with a pistol grip and bale shut-off, machined aluminum and plastic construction capable of 10-23GPM. 11.3 FRONT BUMPER FLAT LAY One (1) 25’ section of 1.5” ID flat lay hose shall be housed in the front bumper. 12.0 PUMP One (1) Waterax B2X-D902, 2 stage centrifugal pump to achieve pressures of up to 180 PSI and flow rates reaching 310 GPM. Made of anodized corrosive resistance aluminum and mounted to a 25HP Kubota D902-E4B 3-cylinder fuel injected liquid cooled diesel engine. 12.1 PUMP PANEL Labeled pump panel shall include lighting, gauges, level indicators, and low voltage monitor. 12.2 FOAM One (1) FoamPro proportioner shall be included, 0.1%-1% injection percentage, 1.7 GPM @200PSI, with a max PSI of 400. 13.0 POLYTOUGH CONSOLE A QTAC custom PolyTough™ custom center console shall be mounted in between the driver and passenger seat of the chassis and feature the following equipment: Siren controller with PA override microphone, lighting control module, door ajar lights, TankVision mini water and foam tank level indicators, FoamPro Foam system controller, and Waterax pump control panel. Page 11 of 12 14.0 NOTES • Pricing based on this specification shall not include license fees, taxes, or transportation costs. • Customer shall supply radios and any ancillary items not specifically outlined herein. Designed for fitment to a 60 inch cab-to-axle chassis. Page 12 of 12 15.0 WARRANTY GENERAL LIMITED WARRANTY - TWO (2) YEARS The build-up portion of the vehicle shall be free of defects in material and workmanship for a period of two (2) years or 36,000 miles, whichever occurs first starting thirty (30) days after the final invoice date. BODY WARRANTY The PolyTough™ body shall be free from rust and corrosion for the life of the vehicle. MTECH warrants the body to be free from defects in material and workmanship for the life of the vehicle. Warranty does not include damage incurred from abuse or lack of maintenance. LOW VOLTAGE ELECTRICAL WARRANTY - FIVE (5) YEARS The vehicle low voltage electrical system shall be free of defects in material and workmanship for a period of five (5) years or 60,000 miles, whichever occurs first, starting thirty (30) days after the final invoice date. PAINT LIMITED WARRANTY - TEN (10) YEARS The body shall be free of bubbling or peeling as a result of a defect in the method of manufacture for a period of ten (10) years or 100,000 miles, whichever occurs first, starting thirty (30) days after the final invoice date. GRAPHICS LIMITED WARRANTY The 3M graphics installation shall be warranted for a period of two (2) years. The 3M materials installed on completed vehicle shall be warranted for five (5) years. The 3M Diamond grade film (if specified) shall be warranted for ten (10) years, except for the yellow-green, which shall carry a warranty of (7) seven years. Warranty does not cover instances of damage due to abuse, accidents, modifications or lack of maintenance. ITEM 8. E. TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Date: 06/03/2025 Meeting Type: Town Council Regular and Special Meetings 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 and Special Meetings (Agenda Language): CONSIDERATION AND POSSIBLE ACTION: Approving the purchase of a Compact caterpillar 303 Hydraulic Excavator from Empire Caterpillar Staff Summary (Background) The purpose of this report is to request Town Council authorization for the purchase of a new Caterpillar 303 Hydraulic Excavator in the amount of $66,373.17. This equipment will support the Town’s growing landscape and infrastructure maintenance needs in roadway medians, shoulders, parks, and drainage areas. This purchase will directly contribute to long-term cost savings by reducing the Town’s reliance on rental equipment and outside contractors. Over the past 24 months, the Town has spent more than $60,000 outsourcing services that this excavator will now allow staff to complete in-house—offering both operational efficiency and financial prudence. Procurement: By leveraging cooperative purchasing agreements, the Town of Fountain Hills benefits from competitive pricing through procurement processes established by the State of Arizona. This purchase falls under a cooperative contract awarded through the State’s 2020 solicitation for Statewide Heavy Equipment and Accessories (RFP No. BPM002936#PW0), awarded to Empire Southwest. Background: Fountain Hills was designed as a master-planned community with a strong focus on landscaping and aesthetics, anchored by its namesake fountain and the vision of founder Robert P. McCulloch. Since incorporation in 1989, the Town has prioritized landscape maintenance as a key aspect of community identity. As the Town has grown, so have its responsibilities for maintaining public landscaping and infrastructure. Many irrigation systems within rights-of-way and parks are now aging and prone to failure, resulting in frequent breaks, water waste, increased repair costs, and project delays. The Town currently maintains approximately 86,700 linear feet of irrigation mainline across both Public Works and Community Services-managed areas. Much of this infrastructure is constructed with aging PVC pipe that is vulnerable to failure from poor installation practices, environmental exposure, and mechanical damage. Operational Need and Efficiency Gains: The Town’s current fleet includes a backhoe, small dump truck, skid steer, and Gannon tractor. However, this equipment is often too large or not maneuverable enough for work in narrow or landscaped areas such as medians and parks. As a result, staff frequently encounters difficulties completing necessary repairs without risking damage to nearby sidewalks, benches, fences, or other infrastructure. To bridge this equipment gap, the Town has historically rented mini excavators or hired contractors for tasks such as: Irrigation line excavation and repair Drainage maintenance Ditch clearing Brush and debris removal While effective, this approach has led to: Over $60,000 in outsourced service costs over the past two years Delays due to limited equipment availability Increased backlog of deferred maintenance Greater dependence on external labor and scheduling Cost Savings and Return on Investment: Ownership of a Caterpillar 303 Hydraulic Excavator will allow the Town to: Eliminate recurring rental and contractor expenses Respond rapidly to urgent repairs or weather-related damage Reduce staffing and time requirements by using equipment specifically designed for confined areas Complete more maintenance in-house, at a lower cost and faster pace Improve asset longevity by enabling timely repairs This investment will pay for itself in avoided rental and contracting costs in approximately two years, with continued savings and operational benefits for years to follow. Equipment Benefits: The Caterpillar 303 is a compact, track-mounted excavator well-suited for the Town’s needs. It can be transported with existing trailers and offers the reach, precision, and power necessary to work in tight, landscaped spaces with minimal disturbance to surrounding infrastructure. Requested Action: Staff respectfully requests Town Council authorization to proceed with the purchase of a Caterpillar 303 Hydraulic Excavator from Empire Southwest in the amount of $66,373.17, utilizing cooperative purchasing and budgeted funds. Related Ordinance, Policy or Guiding Principle Public Works Mission Statement. Risk Analysis If the Council's direction is not to proceed with the purchase of the Caterpillar 303 Hydraulic If the Council's direction is not to proceed with the purchase of the Caterpillar 303 Hydraulic Excavator, several operational, financial, and service delivery risks may arise: Increased Operational Costs Delayed Maintenance and Repairs Missed Long-Term Cost Savings Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends that the Town Council authorize the purchase of one Caterpillar 303 Hydraulic Excavator in the amount of $66,373.17, utilizing the State of Arizona cooperative purchasing agreement contract with Empire Southwest. SUGGESTED MOTION MOVE to approve the purchase a Caterpillar 303 Hydraulic Excavator for the amount of $66,373.17. Attachments Underlying Agreement Catalog Pricing Public Works Department & Community Services Department Irrigation Mainline Exhibits 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 SCOPE OF WORK Solicitation No: BPM002936 Available online at https://app.az.gov/ Page 5 of 23 Procurement 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 SCOPE OF WORK Solicitation No: BPM002936 Available online at https://app.az.gov/ Page 6 of 23 Procurement 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. SCOPE OF WORK Solicitation No: BPM002936 Available online at https://app.az.gov/ Page 7 of 23 Procurement 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) SCOPE OF WORK Solicitation No: BPM002936 Available online at https://app.az.gov/ Page 8 of 23 Procurement 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 SCOPE OF WORK Solicitation No: BPM002936 Available online at https://app.az.gov/ Page 9 of 23 Procurement 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. SPECIAL TERMS AND CONDITIONS Solicitation No: BPM002936 Available online at https://app.az.gov/ Page 10 of 23 Procurement 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- SPECIAL TERMS AND CONDITIONS Solicitation No: BPM002936 Available online at https://app.az.gov/ Page 11 of 23 Procurement 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 SPECIAL TERMS AND CONDITIONS Solicitation No: BPM002936 Available online at https://app.az.gov/ Page 12 of 23 Procurement  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 SPECIAL TERMS AND CONDITIONS Solicitation No: BPM002936 Available online at https://app.az.gov/ Page 13 of 23 Procurement 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. SPECIAL TERMS AND CONDITIONS Solicitation No: BPM002936 Available online at https://app.az.gov/ Page 14 of 23 Procurement 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. SPECIAL TERMS AND CONDITIONS Solicitation No: BPM002936 Available online at https://app.az.gov/ Page 15 of 23 Procurement 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. SPECIAL TERMS AND CONDITIONS Solicitation No: BPM002936 Available online at https://app.az.gov/ Page 16 of 23 Procurement 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 SPECIAL TERMS AND CONDITIONS Solicitation No: BPM002936 Available online at https://app.az.gov/ Page 17 of 23 Procurement 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 Presented by Justin T. Weldy, Public Works Director CIP Council Meeting June 3, 2025 Public Works Department & Community Services Department Irrigation Mainline Exhibits Roadway Medians - Townwide Main Irrigation Lines: 61,100 LF Avenue Linear Park Main Irrigation Lines: 3,200 LF Adero Canyon Trailhead Main Irrigation Lines: 870 LF Desert Vista Park Main Irrigation Lines: 2,630 LF Fountain Park Main Irrigation Lines: 10,000 LF Four Peaks Park Main Irrigation Lines: 3,400 LF Golden Eagle Park Main Irrigation Lines: 4,500 LF ITEM 8. F. TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Date: 06/03/2025 Meeting Type: Town Council Regular and Special Meetings Agenda Type: Regular Agenda Submitting Department: Administration Prepared by: Request to Town Council Regular and Special Meetings (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. MOVE to provide staff direction on one or more bills being considered by the State Legislature.