HomeMy WebLinkAbout130606CPz:\council packets\2013\r130606\emcfd\130606emcfda.doc Last printed 5/30/2013 7:23 AM
NOTICE OF SPECIAL SESSION OF THE
EAGLE MOUNTAIN COMMUNITY
FACILITIES DISTRICT BOARD
WHEN: THURSDAY, JUNE 6, 2013
TIME: 6:25 P.M.
WHERE: TOWN OF FOUNTAIN HILLS - COUNCIL CHAMBERS
16705 EAST AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ
Pursuant to A.R.S. §38-431.02, notice is hereby given to the Directors of the District Board of the Eagle Mountain Community
Facilities District and to the general public that the District Board of the Eagle Mountain Community Facilities District will hold a
special session open to the public, which will begin immediately prior to the June 6, 2013, Cottonwoods Maintenance District Board
Meeting and Fountain Hills Town Council Regular meeting.
Members of the Eagle Mountain Community Facilities District Board will attend either in person or by telephone conference call; a
quorum of the Town’s various Commissions or Boards may be in attendance at the Board 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 District
Board are audio and/or video recorded, and, as a result, proceedings in which children are p resent may be subject to such recording.
Parents in order to exercise their rights may either file written consent with the District Clerk to such recording, or take personal action
to ensure that their child or children are not present when a recording may be made. If a child is present at the time a recording is made,
the District Board will assume that the rights afforded parents pursuant to A.R.S. §1 -602.A.9 have been waived.”
AGENDA
CALL TO ORDER AND ROLL CALL. – District Board Chair Linda M. Kavanagh
CALL TO THE PUBLIC.
Pursuant to A.R.S. §38-431-01(G), public comment is permitted (not required) on matters not listed on the agenda. Any such
comment (i) must be within the jurisdiction of the Directors is subject to reasonable time, place and manner restrictions. The
Directors 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 Directors may (i) respond to
criticism, (ii) ask staff to review a matter or (iii) ask that the matter be placed on a future agenda.
1. CONSIDERATION of approving the Eagle Mountain Community Facilities District Board MEETING
MINUTES of May 16, 2013.
2. PUBLIC HEARING regarding RESOLUTION EMCFD 2013-02, approving the estimates of expenses,
tax levies, and the Tentative Budget as the Final Budget of the District for the Fiscal Year beginning July
1, 2013, and ending June 30, 2014.
3. CONSIDERATION of RESOLUTION EMCFD 2013-02, approving the estimates of expenses, tax
levies, and the Tentative Budget as the Final Budget of the District for the Fiscal Year beginning July 1,
2013, and ending June 30, 2014.
4. ADJOURNMENT.
DATED this 30th day of May 2013.
Bevelyn J. Bender, District Clerk
The Eagle Mountain Community Facilities District, in cooperation with 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 this meeting. Supporting documentation and staff reports furnished with this agenda are avai lable for review in the
Clerk’s office and on the Town’s website [www.fh.az.gov].
Date posted: 5/30/13 Time posted: 5:00 PM
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NOTICE OF SPECIAL SESSION OF
THE COTTONWOOD
MAINTENANCE DISTRICT BOARD
WHEN: THURSDAY, JUNE 6, 2013
TIME: IMMEDIATELY FOLLOWING THE 6:25 P.M. EAGLE MOUNTAIN
COMMUNITY FACILITIES DISTRICT BOARD MEETING, AND PRIOR TO
THE REGULAR MEETING OF THE TOWN OF FOUNTAIN HILLS TOWN
COUNCIL
WHERE: TOWN OF FOUNTAIN HILLS - COUNCIL CHAMBERS
16705 EAST AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ
Pursuant to A.R.S. §38-431.02, notice is hereby given to the Directors of the District Board of the Cottonwood Maintenance District and
to the general public that the District Board of the Cottonwood Maintenance District will hold a special session open to the public, which
will begin immediately after the 6:25 P.M. Eagle Mountain Facilities District Board Meeting and prior to the June 6, 2013 Fountain Hills
Town Council Regular meeting.
Members of the Cottonwood Maintenance District Board will attend either in person or by telephone conference call; a quorum of the
Town’s various Commissions or Boards may be in attendance at the Board 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 District
Board 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 District Clerk to such recording, or take personal action to
ensure that their child or children are not present when a recording may be made. If a child is present at the time a recording is made, the
District Board will assume that the rights afforded parents pursuant to A.R.S. §1-602.A.9 have been waived.”
AGENDA
CALLED TO ORDER AND ROLL CALL. – District Board Chair Linda M. Kavanagh
CALL TO THE PUBLIC
Pursuant to A.R.S. §38-431-01(G), public comment is permitted (not required) on matters not listed on the agenda. Any such
comment (i) must be within the jurisdiction of the Directors is subject to reasonable time, place and manner restrictions. The
Directors 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 Directors may (i) respond to criticism,
(ii) ask staff to review a matter or (iii) ask that the matter be placed on a future agenda.
1. CONSIDERATION of approving the Cottonwood Maintenance District Board MEETING MINUTES of
May 16, 2013.
2. PUBLIC HEARING regarding RESOLUTION CMD 2013-02, approving the estimates of expenses,
assessments, and the Tentative Budget as the Final Budget of the District for the Fiscal Year beginning
July 1, 2013, and ending June 30, 2014.
3. CONSIDERATION of RESOLUTION CMD 2013-02, approving the Tentative Budget of the District for
the Fiscal Year beginning July 1, 2013, and ending June 30, 2014, and setting a hearing date for the
budget and annual assessments.
4. ADJOURNMENT.
DATED this 30th day of May 2013.
Bevelyn J. Bender, District Clerk
The Cottonwood Maintenance District, in cooperation with 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 this meeting. Supporting documentation and staff reports furnished with this agenda are available for review in the Clerk ’s office and on the Town’s
website [www.fh.az.gov].
Date posted: 5/30/13 Page 1 of 4 Time posted: 5:00 AM/PM
Last printed: 5/30/2013 12:12 PM
NOTICE OF THE
REGULAR SESSION OF
THE FOUNTAIN HILLS TOWN COUNCIL
TIME: 6:30 P.M.
WHEN: THURSDAY, JUNE 6, 2013
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 Commissions or Boards may be in attendance at the Council meeting.
Notice is hereby given that pursuant to A.R.S. § 1-602.A.9, subject to certain specified statutory exceptions, parents have a
right to consent before the State or any of its political subdivisions make a video or audio recording of a minor child.
Meetings of the Town Council are audio and/or video recorded and, as a result, proceedings in which children are present
may be subject to such recording. Parents, in order to exercise their rights may either file written consent with the Town
Clerk to such recording, or take personal action to ensure that their child or children are not present when a recording may be
made. If a child is present at the time a recording is made, the Town will assume that the rights afforded parents pursuant to
A.R.S. § 1-602.A.9 have been waived.
PROCEDURE FOR ADDRESSING THE COUNCIL
Anyone wishing to speak before the Council must fill out a speaker’s card and submit it to the Town Clerk
prior to Council discussion of that Agenda item. Speaker Cards are located in the Council Chamber
Lobby and near the Clerk’s position on the dais.
Speakers will be called in the order in which the speaker cards were received either by the Clerk or the
Mayor. At that time, speakers should stand and approach the podium. Speakers are asked to state their
name prior to commenting and to direct their comments to the Presiding Officer and not to individual
Councilmembers. Speakers’ statements should not be repetitive. If a speaker chooses not to speak when
called, the speaker will be deemed to have waived his or her opportunity to speak on the matter.
Speakers may not (i) reserve a portion of their time for a later time or (ii) transfer any portion of their
time to another speaker.
If there is a Public Hearing, please submit the speaker card to speak to that issue during the Public
Hearing.
Individual speakers will be allowed three contiguous minutes to address the Council. Time limits may be
waived by (i) discretion of the Town Manager upon request by the speaker not less than 24 hours prior to
a Meeting, (ii) consensus of the Council at Meeting or (iii) the Mayor either prior to or during a Meeting.
Please be respectful when making your comments. If you do not comply with these rules, you will be
asked to leave.
Mayor Linda M. Kavanagh
Councilmember Dennis Brown Councilmember Cassie Hansen
Councilmember Ginny Dickey Councilmember Henry Leger
Vice Mayor Tait D. Elkie Councilmember Cecil A. Yates
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REGULAR SESSION AGENDA
CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Linda M. Kavanagh
INVOCATION – Pastor Todd Forrest, Fountain Hills Christian Center
ROLL CALL – Mayor Linda M. Kavanagh
MAYOR’S REPORT
i.) The Mayor will review recent events attended relating to economic development.
SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
i.) None.
CALL TO THE PUBLIC
Pursuant to A.R.S. §38-431-01(G), 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.
CONSENT AGENDA ITEMS
1. CONSIDERATION of approving the TOWN COUNCIL MEETING MINUTES from
May 6 and 16, 2013.
2. CONSIDERATION of approving the CANCELLATION of the Town of Fountain Hills
July Council meetings [July 4 (Regular Session), July 9 (Work-Study Session), & 18
(Regular Session), 2013].
3. CONSIDERATION of approving a LIQUOR LICENSE APPLICATION submitted by
Chun Hao Chen, Owner/Agent of MC Saguaro II LLC DBA Hao Restaurant located at
11849 N. Saguaro Boulevard, Fountain Hills, AZ. This is for a series 12 license
(Restaurant).
4. CONSIDERATION of approving a PERMANENT EXTENSION OF PREMISE LIQUOR
LICENSE APPLICATION submitted by Merita Kraya dba Euro Pizza Café, 12645 N.
Saguaro Boulevard, Fountain Hills AZ 85268.
5. CONSIDERATION of approving a TEMPORARY EXTENSION OF PREMISE LIQUOR
LICENSE APPLICATION submitted by David Drentlaw on behalf of AMVETS post #7,
17030 E. Enterprise Drive, Fountain Hills, AZ 85268.
6. CONSIDERATION of approving RESOLUTION 2013-30, abandoning whatever right,
title, or interest the Town has in portions of the certain public utility and drainage easements
located at the rear property line of Plat 505A, Block 3, Lot 6 (15657 E. Golden Eagle
Boulevard) as recorded in Book 158 of Maps, Page 40, Records of Maricopa County,
Arizona EA2013-05 (Thomas & Susan Snook).
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7. CONSIDERATION of an extension of the SPECIAL USE PERMIT for Firerock Plaza
(Replat 704, Bock 6, Lot 6) to allow a drive-thru window. Case #SU2007-04
8. CONSIDERATION of an extension of the SPECIAL USE PERMIT for Firerock Plaza to
have extended hours of operation. Case #SU2007-05
9. CONSIDERATION of an extension of the SPECIAL USE PERMIT for Firerock Plaza to
have an outdoor patio/dining area. Case #SU2007-06
10. CONSIDERATION of approving RESOLUTION 2013-28, approving a memorandum of
understanding with the Office of State Fire Marshal related to fire inspection services.
11. CONSIDERATION of approving the agreement with the GREATER PHOENIX
ECONOMIC COUNCIL (“GPEC”), for the purpose to set forth the regional economic
development program that GPEC agrees to undertake, the support that the Town agrees to
provide, the respective roles of GPEC and the Town and the payments of the Town to
GPEC in the amount of $8,844.00 for the fiscal year July 1, 2013 - June 30, 2014.
REGULAR AGENDA ITEMS
12. CONSIDERATION of approving Zamość, Poland as the fourth Sister City to the Town of
Fountain Hills.
13. CONSIDERATION of the SITE PLAN for “J&D Premier Auto Sales”, to locate in an
existing retail plaza. Project located at 11881 N. Saguaro Blvd. (APN #176-08-114) Case
#CP2013-01
14. CONSIDERATION OF ORDINANCE 13-07, amending the Fountain Hills Town Code
Chapter 6, relating to dangerous animals and animals as prizes.
15. PUBLIC HEARING to receive comments on ORDINANCE 13-08, a proposed
amendment to Section 3.08.H – Lot Planning, of the Town of Fountain Hills Subdivision
Ordinance, and to Section 5.03.B Redividing of Recorded Lots, of the Town of Fountain
Hills Zoning Ordinance. Approval of the amendment will delete sections from the
ordinances.
16. CONSIDERATION of ORDINANCE 13-08, a proposed amendment to Section 3.08.H –
Lot Planning, of the Town of Fountain Hills Subdivision Ordinance, and to Section 5.03.B
Redividing of Recorded Lots, of the Town of Fountain Hills Zoning Ordinance. Approval
of the amendment will delete sections from the ordinances.
17. DISCUSSION WITH POSSIBLE DIRECTION TO STAFF relating to any item
included in the League of Arizona Cities and Towns weekly LEGISLATIVE BULLETIN
or relating to any ACTION PROPOSED OR PENDING BEFORE THE STATE
LEGISLATURE.
18. COUNCIL DISCUSSION/DIRECTION to the Town Manager Ken Buchanan.
Items listed below are related only to the propriety of (i) placing such items on a future agenda for action or
(ii) directing staff to conduct further research and report back to the Council:
A. NONE.
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19. SUMMARY of Council requests and REPORT ON RECENT ACTIVITIES by the Town
Manager Ken Buchanan.
20. ADJOURNMENT of the Regular Session.
DATED this 30th day of May, 2013.
_____________________________________
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 this 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.
z:\council packets\2013\r130606\emcfd\130606emcfda.doc Last printed 5/30/2013 7:23 AM
NOTICE OF SPECIAL SESSION OF THE
EAGLE MOUNTAIN COMMUNITY
FACILITIES DISTRICT BOARD
WHEN: THURSDAY, JUNE 6, 2013
TIME: 6:25 P.M.
WHERE: TOWN OF FOUNTAIN HILLS - COUNCIL CHAMBERS
16705 EAST AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ
Pursuant to A.R.S. §38-431.02, notice is hereby given to the Directors of the District Board of the Eagle Mountain Community
Facilities District and to the general public that the District Board of the Eagle Mountain Community Facilities District will hold a
special session open to the public, which will begin immediately prior to the June 6, 2013, Cottonwoods Maintenance District Board
Meeting and Fountain Hills Town Council Regular meeting.
Members of the Eagle Mountain Community Facilities District Board will attend either in person or by telephone conference call; a
quorum of the Town’s various Commissions or Boards may be in attendance at the Board 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 District
Board are audio and/or video recorded, and, as a result, proceedings in which children are p resent may be subject to such recording.
Parents in order to exercise their rights may either file written consent with the District Clerk to such recording, or take personal action
to ensure that their child or children are not present when a recording may be made. If a child is present at the time a recording is made,
the District Board will assume that the rights afforded parents pursuant to A.R.S. §1 -602.A.9 have been waived.”
AGENDA
CALL TO ORDER AND ROLL CALL. – District Board Chair Linda M. Kavanagh
CALL TO THE PUBLIC.
Pursuant to A.R.S. §38-431-01(G), public comment is permitted (not required) on matters not listed on the agenda. Any such
comment (i) must be within the jurisdiction of the Directors is subject to reasonable time, place and manner restrictions. The
Directors 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 Directors may (i) respond to
criticism, (ii) ask staff to review a matter or (iii) ask that the matter be placed on a future agenda.
1. CONSIDERATION of approving the Eagle Mountain Community Facilities District Board MEETING
MINUTES of May 16, 2013.
2. PUBLIC HEARING regarding RESOLUTION EMCFD 2013-02, approving the estimates of expenses,
tax levies, and the Tentative Budget as the Final Budget of the District for the Fiscal Year beginning July
1, 2013, and ending June 30, 2014.
3. CONSIDERATION of RESOLUTION EMCFD 2013-02, approving the estimates of expenses, tax
levies, and the Tentative Budget as the Final Budget of the District for the Fiscal Year beginning July 1,
2013, and ending June 30, 2014.
4. ADJOURNMENT.
DATED this 30th day of May 2013.
Bevelyn J. Bender, District Clerk
The Eagle Mountain Community Facilities District, in cooperation with 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 this meeting. Supporting documentation and staff reports furnished with this agenda are avai lable for review in the
Clerk’s office and on the Town’s website [www.fh.az.gov].
1962184.1
RESOLUTION EMCFD NO. 2013-02
A RESOLUTION OF THE BOARD OF THE EAGLE MOUNTAIN
COMMUNITY FACILITIES DISTRICT, APPROVING THE FINAL BUDGET
OF THE DISTRICT FOR THE FISCAL YEAR BEGINNING JULY 1, 2013
AND ENDING JUNE 30, 2014.
WHEREAS, pursuant to ARIZ. REV. STAT. §§ 48-715 and 48-716, on May 16, 2013, the
Board of Directors of the Eagle Mountain Community Facilities District (the “Board”) approved
Resolution EMCFD 2013-01, which (i) adopted the statements and schedules attached as
Exhibit A and incorporated herein by this reference as the tentative budget for the Eagle
Mountain Community Facilities District, Maricopa County, Arizona, (the “District”) for the
fiscal year 2013–14 and (ii) authorized and directed the District Clerk to cause to be (a) mailed to
the governing body of the Town of Fountain Hills and (b) published in a manner prescribed by
law, a notice that the District Board would meet for the purpose of conducting a final hearing for
District taxpayers on the statements and schedules of the District Expenditures filed with the
District Clerk on June 6, 2013; and
WHEREAS, proper notice was given by publication in the Fountain Hills Times on May
22, 2013 and May 29, 2013; and
WHEREAS, in accordance with ARIZ. REV. STAT. § 48-716 and following published
notice, a public hearing was conducted on June 6, 2013, at which hearing any taxpayer was
permitted to appear and be heard regarding the 2013-14 annual budget for the District.
NOW, THEREFORE, BE IT RESOLVED by the Board of the Eagle Mountain
Community Facilities District, Maricopa County, Arizona, as follows:
SECTION 1. The recitals above are hereby incorporated as if fully set forth herein.
SECTION 2. The Board has heard all objections and has determined that (i) such
objections do not provide a basis for a modification of the statements and schedules attached
hereto as Exhibit A and (ii) any informalities or irregularities which may have occurred in the
adoption process for the District budget have been properly remedied.
SECTION 3. The statements and schedules attached hereto as Exhibit A and
incorporated herein by this reference, are hereby approved for the purpose as hereinafter set forth
as the final budget for the Eagle Mountain Community Facilities District, Maricopa County,
Arizona, for the fiscal year 2013-14. The statements and estimates of the operation and
maintenance expenses of the District, which are to be paid from ad valorem taxes collected in the
District, are hereby filed with the District Clerk.
SECTION 4. The District Chairperson, the District Clerk and the District Counsel are
hereby authorized and directed to take all steps necessary to carry out the purpose and intent of
this Resolution.
1962184.1
PASSED AND ADOPTED by the Board of the Eagle Mountain Community Facilities
District, Maricopa County, Arizona, on June 6, 2013.
Linda M. Kavanagh, District Chairperson
ATTEST:
Bevelyn J. Bender, District Clerk
APPROVED AS TO FORM:
Andrew J. McGuire, District Counsel
1962184.1
EXHIBIT A
TO
RESOLUTION EMCFD NO. 2013-02
[Final Budget]
See following page.
1962184.1
EAGLE MOUNTAIN COMMUNITY FACILITIES DISTRICT
FINAL BUDGET
FISCAL YEAR 2013-2014
For the Year Ended
Revenues 30-Jun-14
Tax Levy at $1.84 per $100 Secondary
Assessed Valuation $430,248
Interest Earnings $600
TOTAL $430,848
Expenses
Annual Debt Service Payment on Refunded Bonds $417,885
Administrative Costs $7,350
TOTAL $425,235
Date posted: 5/30/13 Time posted: 5:00 PM
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NOTICE OF SPECIAL SESSION OF
THE COTTONWOOD
MAINTENANCE DISTRICT BOARD
WHEN: THURSDAY, JUNE 6, 2013
TIME: IMMEDIATELY FOLLOWING THE 6:25 P.M. EAGLE MOUNTAIN
COMMUNITY FACILITIES DISTRICT BOARD MEETING, AND PRIOR TO
THE REGULAR MEETING OF THE TOWN OF FOUNTAIN HILLS TOWN
COUNCIL
WHERE: TOWN OF FOUNTAIN HILLS - COUNCIL CHAMBERS
16705 EAST AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ
Pursuant to A.R.S. §38-431.02, notice is hereby given to the Directors of the District Board of the Cottonwood Maintenance District and
to the general public that the District Board of the Cottonwood Maintenance District will hold a special session open to the public, which
will begin immediately after the 6:25 P.M. Eagle Mountain Facilities District Board Meeting and prior to the June 6, 2013 Fountain Hills
Town Council Regular meeting.
Members of the Cottonwood Maintenance District Board will attend either in person or by telephone conference call; a quorum of the
Town’s various Commissions or Boards may be in attendance at the Board 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 District
Board 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 District Clerk to such recording, or take personal action to
ensure that their child or children are not present when a recording may be made. If a child is present at the time a recording is made, the
District Board will assume that the rights afforded parents pursuant to A.R.S. §1-602.A.9 have been waived.”
AGENDA
CALLED TO ORDER AND ROLL CALL. – District Board Chair Linda M. Kavanagh
CALL TO THE PUBLIC
Pursuant to A.R.S. §38-431-01(G), public comment is permitted (not required) on matters not listed on the agenda. Any such
comment (i) must be within the jurisdiction of the Directors is subject to reasonable time, place and manner restrictions. The
Directors 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 Directors may (i) respond to criticism,
(ii) ask staff to review a matter or (iii) ask that the matter be placed on a future agenda.
1. CONSIDERATION of approving the Cottonwood Maintenance District Board MEETING MINUTES of
May 16, 2013.
2. PUBLIC HEARING regarding RESOLUTION CMD 2013-02, approving the estimates of expenses,
assessments, and the Tentative Budget as the Final Budget of the District for the Fiscal Year beginning
July 1, 2013, and ending June 30, 2014.
3. CONSIDERATION of RESOLUTION CMD 2013-02, approving the Tentative Budget of the District for
the Fiscal Year beginning July 1, 2013, and ending June 30, 2014, and setting a hearing date for the
budget and annual assessments.
4. ADJOURNMENT.
DATED this 30th day of May 2013.
Bevelyn J. Bender, District Clerk
The Cottonwood Maintenance District, in cooperation with 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 this meeting. Supporting documentation and staff reports furnished with this agenda are available for review in the Clerk ’s office and on the Town’s
website [www.fh.az.gov].
1952342.2
RESOLUTION CMD 2013-02
A RESOLUTION OF THE BOARD OF THE COTTONWOODS
MAINTENANCE DISTRICT APPROVING THE FINAL BUDGET OF THE
DISTRICT FOR THE FISCAL YEAR BEGINNING JULY 1, 2013 AND
ENDING JUNE 30, 2014.
WHEREAS, the provisions of ARIZ. REV. STAT. §§ 48-574 and 48-575 allow for the
assessment of maintenance charges upon the lots and parcels within an improvement district and
such assessments to be collected in the manner and by the officers provided by law for the
collection and enforcement of general taxes; and
WHEREAS, pursuant to ARIZ. REV. STAT. §§ 48-574(E) and 48-575(E), on
May 16, 2013, the Board of Directors of the Cottonwoods Maintenance District (the “Board”)
approved Resolution CMD 2013-01, which (i) adopted the statements and schedules attached as
Exhibit A and incorporated herein by this reference as the tentative budget for the Cottonwoods
Maintenance District, Maricopa County, Arizona, (the “District”) for the fiscal year 2013–14 and
(ii) authorized and directed the District Clerk to cause to be (a) mailed to the governing body of
the Town of Fountain Hills and all persons owning real property within the District and (b)
published in a manner prescribed by law, a notice that the Board would meet for the purpose of
conducting a final hearing for District taxpayers on the statements and schedules of the District
Expenditures filed with the District Clerk on June 6, 2013; and
WHEREAS, proper notice was given by (i) publication in the Fountain Hills Times on
May 22, 2013 and May 29, 2013, and (ii) first class mail to all persons owning real property in
the District on May 16, 2013; and
WHEREAS, on June 6, 2013, the Board held a public hearing to allow taxpayers of the
District to voice their comments in favor of or against any proposed expenditures and
assessments; and
WHEREAS, any person owning real property affected by the assessment who had any
objection to the legality of the assessment or to any of the previous proceedings connected
therewith was given the opportunity to appear before the Board at the hearing to present any
further objections.
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the
Cottonwoods Maintenance District, Maricopa County, Arizona, as follows:
SECTION 1. The recitals above are hereby incorporated as if fully set forth herein.
SECTION 2. The Board has heard all objections and has determined that (i) such
objections do not provide a basis for a modification of the statements and schedules attached
hereto as Exhibit A and (ii) any informalities or irregularities which may have occurred in the
adoption process for the District budget have been properly remedied.
1952342.2 2
SECTION 3. The statements and schedules attached hereto as Exhibit A and
incorporated herein by this reference, are hereby approved for the purpose as hereinafter set forth
as the final budget for the Cottonwoods Maintenance District, Maricopa County, Arizona, for the
fiscal year 2013-14. The statements and estimates of the operation and maintenance expenses of
the District, the costs of capital improvements and other expenditures for public infrastructure of
the District are hereby filed with the District Clerk.
SECTION 4. The District Chairperson, the District Clerk and the District Counsel 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 Board of Directors of the Cottonwoods Maintenance
District, Maricopa County, Arizona, on June 6, 2013.
Linda M. Kavanagh, District Chairperson
ATTEST:
Bevelyn J. Bender, District Clerk
APPROVED AS TO FORM:
Andrew J. McGuire, District Counsel
1952342.2
EXHIBIT A
TO
RESOLUTION CMD 2013-02
[Final Budget]
See following page.
1952342.2
COTTONWOODS MAINTENANCE DISTRICT
FINAL BUDGET
FISCAL YEAR 2013-2014
For the Year Ended
Revenues 30-Jun-14
Tax Levy at $83.15 per Property Owner $4,823
TOTAL $4,823
Expenses
Annual Landscape Maintenance Cost $3,500
Annual Reserve for Exterior Wall Maintenance $1,073
Reserve Fund $250
TOTAL $4,823
Date posted: 5/30/13 Page 1 of 4 Time posted: 5:00 AM/PM
Last printed: 5/30/2013 12:12 PM
NOTICE OF THE
REGULAR SESSION OF
THE FOUNTAIN HILLS TOWN COUNCIL
TIME: 6:30 P.M.
WHEN: THURSDAY, JUNE 6, 2013
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 Commissions or Boards may be in attendance at the Council meeting.
Notice is hereby given that pursuant to A.R.S. § 1-602.A.9, subject to certain specified statutory exceptions, parents have a
right to consent before the State or any of its political subdivisions make a video or audio recording of a minor child.
Meetings of the Town Council are audio and/or video recorded and, as a result, proceedings in which children are present
may be subject to such recording. Parents, in order to exercise their rights may either file written consent with the Town
Clerk to such recording, or take personal action to ensure that their child or children are not present when a recording may be
made. If a child is present at the time a recording is made, the Town will assume that the rights afforded parents pursuant to
A.R.S. § 1-602.A.9 have been waived.
PROCEDURE FOR ADDRESSING THE COUNCIL
Anyone wishing to speak before the Council must fill out a speaker’s card and submit it to the Town Clerk
prior to Council discussion of that Agenda item. Speaker Cards are located in the Council Chamber
Lobby and near the Clerk’s position on the dais.
Speakers will be called in the order in which the speaker cards were received either by the Clerk or the
Mayor. At that time, speakers should stand and approach the podium. Speakers are asked to state their
name prior to commenting and to direct their comments to the Presiding Officer and not to individual
Councilmembers. Speakers’ statements should not be repetitive. If a speaker chooses not to speak when
called, the speaker will be deemed to have waived his or her opportunity to speak on the matter.
Speakers may not (i) reserve a portion of their time for a later time or (ii) transfer any portion of their
time to another speaker.
If there is a Public Hearing, please submit the speaker card to speak to that issue during the Public
Hearing.
Individual speakers will be allowed three contiguous minutes to address the Council. Time limits may be
waived by (i) discretion of the Town Manager upon request by the speaker not less than 24 hours prior to
a Meeting, (ii) consensus of the Council at Meeting or (iii) the Mayor either prior to or during a Meeting.
Please be respectful when making your comments. If you do not comply with these rules, you will be
asked to leave.
Mayor Linda M. Kavanagh
Councilmember Dennis Brown Councilmember Cassie Hansen
Councilmember Ginny Dickey Councilmember Henry Leger
Vice Mayor Tait D. Elkie Councilmember Cecil A. Yates
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REGULAR SESSION AGENDA
CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Linda M. Kavanagh
INVOCATION – Pastor Todd Forrest, Fountain Hills Christian Center
ROLL CALL – Mayor Linda M. Kavanagh
MAYOR’S REPORT
i.) The Mayor will review recent events attended relating to economic development.
SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
i.) None.
CALL TO THE PUBLIC
Pursuant to A.R.S. §38-431-01(G), 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.
CONSENT AGENDA ITEMS
1. CONSIDERATION of approving the TOWN COUNCIL MEETING MINUTES from
May 6 and 16, 2013.
2. CONSIDERATION of approving the CANCELLATION of the Town of Fountain Hills
July Council meetings [July 4 (Regular Session), July 9 (Work-Study Session), & 18
(Regular Session), 2013].
3. CONSIDERATION of approving a LIQUOR LICENSE APPLICATION submitted by
Chun Hao Chen, Owner/Agent of MC Saguaro II LLC DBA Hao Restaurant located at
11849 N. Saguaro Boulevard, Fountain Hills, AZ. This is for a series 12 license
(Restaurant).
4. CONSIDERATION of approving a PERMANENT EXTENSION OF PREMISE LIQUOR
LICENSE APPLICATION submitted by Merita Kraya dba Euro Pizza Café, 12645 N.
Saguaro Boulevard, Fountain Hills AZ 85268.
5. CONSIDERATION of approving a TEMPORARY EXTENSION OF PREMISE LIQUOR
LICENSE APPLICATION submitted by David Drentlaw on behalf of AMVETS post #7,
17030 E. Enterprise Drive, Fountain Hills, AZ 85268.
6. CONSIDERATION of approving RESOLUTION 2013-30, abandoning whatever right,
title, or interest the Town has in portions of the certain public utility and drainage easements
located at the rear property line of Plat 505A, Block 3, Lot 6 (15657 E. Golden Eagle
Boulevard) as recorded in Book 158 of Maps, Page 40, Records of Maricopa County,
Arizona EA2013-05 (Thomas & Susan Snook).
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7. CONSIDERATION of an extension of the SPECIAL USE PERMIT for Firerock Plaza
(Replat 704, Bock 6, Lot 6) to allow a drive-thru window. Case #SU2007-04
8. CONSIDERATION of an extension of the SPECIAL USE PERMIT for Firerock Plaza to
have extended hours of operation. Case #SU2007-05
9. CONSIDERATION of an extension of the SPECIAL USE PERMIT for Firerock Plaza to
have an outdoor patio/dining area. Case #SU2007-06
10. CONSIDERATION of approving RESOLUTION 2013-28, approving a memorandum of
understanding with the Office of State Fire Marshal related to fire inspection services.
11. CONSIDERATION of approving the agreement with the GREATER PHOENIX
ECONOMIC COUNCIL (“GPEC”), for the purpose to set forth the regional economic
development program that GPEC agrees to undertake, the support that the Town agrees to
provide, the respective roles of GPEC and the Town and the payments of the Town to
GPEC in the amount of $8,844.00 for the fiscal year July 1, 2013 - June 30, 2014.
REGULAR AGENDA ITEMS
12. CONSIDERATION of approving Zamość, Poland as the fourth Sister City to the Town of
Fountain Hills.
13. CONSIDERATION of the SITE PLAN for “J&D Premier Auto Sales”, to locate in an
existing retail plaza. Project located at 11881 N. Saguaro Blvd. (APN #176-08-114) Case
#CP2013-01
14. CONSIDERATION OF ORDINANCE 13-07, amending the Fountain Hills Town Code
Chapter 6, relating to dangerous animals and animals as prizes.
15. PUBLIC HEARING to receive comments on ORDINANCE 13-08, a proposed
amendment to Section 3.08.H – Lot Planning, of the Town of Fountain Hills Subdivision
Ordinance, and to Section 5.03.B Redividing of Recorded Lots, of the Town of Fountain
Hills Zoning Ordinance. Approval of the amendment will delete sections from the
ordinances.
16. CONSIDERATION of ORDINANCE 13-08, a proposed amendment to Section 3.08.H –
Lot Planning, of the Town of Fountain Hills Subdivision Ordinance, and to Section 5.03.B
Redividing of Recorded Lots, of the Town of Fountain Hills Zoning Ordinance. Approval
of the amendment will delete sections from the ordinances.
17. DISCUSSION WITH POSSIBLE DIRECTION TO STAFF relating to any item
included in the League of Arizona Cities and Towns weekly LEGISLATIVE BULLETIN
or relating to any ACTION PROPOSED OR PENDING BEFORE THE STATE
LEGISLATURE.
18. COUNCIL DISCUSSION/DIRECTION to the Town Manager Ken Buchanan.
Items listed below are related only to the propriety of (i) placing such items on a future agenda for action or
(ii) directing staff to conduct further research and report back to the Council:
A. NONE.
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19. SUMMARY of Council requests and REPORT ON RECENT ACTIVITIES by the Town
Manager Ken Buchanan.
20. ADJOURNMENT of the Regular Session.
DATED this 30th day of May, 2013.
_____________________________________
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 this 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.
1954228.1
RESOLUTION NO. 2013-18
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, APPROVING A MEMORANDUM OF
UNDERSTANDING WITH THE OFFICE OF STATE FIRE MARSHAL
RELATING TO FIRE INSPECTION SERVICES.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS as follows:
SECTION 1. The Memorandum of Understanding (the “MOU”) with the Arizona
Department of Building and Fire Safety, Office of State Fire Marshal relating to fire inspection
services is hereby adopted in the form 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 MOU 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, May 30, 2013.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
Linda M. Kavanagh, Mayor Bevelyn J. Bender, Town Clerk
REVIEWED BY: APPROVED AS TO FORM:
Kenneth W. Buchanan, Town Manager Andrew J. McGuire, Town Attorney
1954228.1
EXHIBIT A
TO
RESOLUTION NO. 2013-18
[MOU]
See following pages.
MEMORANDUM OF UNDERSTANDING
BETWEEN
ARIZONA DEPARTMENT OF FIRE, BUILDING AND LIFE SAFETY
OFFICE OF STATE FIRE MARSHAL
AND
FOUNTAIN HILLS FIRE DEPARTMENT
This Memorandum of Understanding (“MOU”) is between the Office of State Fire Marshal
(“OSFM”) and the Fountain Hills Fire Department (“FHFD”) concerning the review of plans for
construction, remodeling, alterations and additions (collectively referred to as “plans”) of state,
county and public school buildings and grounds [A.R.S.§ 41-2163(C)] and the inspections
performed in conjunction therewith; as well as regularly scheduled inspections of state and
county owned buildings and all public and private schools [A.R.S.§ 41-2163(A)(4)].
I. RECITALS
WHEREAS, pursuant to A.R.S. § 41-2161, the purpose of OSFM is to promote public
health and safety and to reduce hazards to life, limb and property by performing
inspections and fire investigations, by providing public education and by adopting fire
protection codes.
WHEREAS, Arizona has adopted the International Fire Code 2003 edition as modified
by A.A.C. R4-36-201 as the Arizona State Fire Code, and all Fire Departments and Fire
Districts must comply with the Arizona State Fire Code or a code adopted by the
controlling political subdivision which is equivalent to, or more stringent, than the
Arizona State Fire Code (collectively referred to as “Fire Code”).
WHEREAS, pursuant to A.R.S. § 41-2163(A)(4), OSFM is charged with conducting
regularly scheduled inspections of state and county owned building and public and
private schools throughout Arizona, and
WHEREAS, pursuant to A.R.S. § 41-2163(C), OSFM is charged with the review of
plans and specifications for new construction, remodeling, alterations and additions and
performing inspections in conjunction therewith for state, county and public school
buildings and grounds, and
WHEREAS, the State Fire Marshal is empowered under A.R.S. § 41-2162(A)(2) to
engage such assistance as deemed necessary, and
WHEREAS, the FHFD confirms that its personnel possesses the necessary proficiency
in the understanding, interpretation and application of the applicable fire code, and
WHEREAS, the FHFD and OSFM desire to cooperate in the duties which each is
charged to conduct.
2
II. TERMS
1. Construction Plan Review & Inspection. OSFM agrees to allow the FHFD to
conduct review of plans for construction, remodeling, alterations and additions of
state, county and public school buildings on behalf of OSFM and complete any
inspections required in conjunction therewith.
2. School Life Safety Inspection. OSFM agrees to allow the FHFD to conduct
regularly scheduled inspections of state and county owned buildings and all
public and private schools on behalf of OSFM.
3. Limitations of MOU. This MOU does not grant the authority to inspect
installation or removal of underground fuel storage tanks. That task remains the
sole authority and responsibility of OSFM as granted by the Arizona Department
of Environmental Quality. OSFM recognizes some jurisdictions have a separate
agreement to perform such inspections for Arizona Department of Environmental
Quality.
4. Term Limit. The term of this Agreement shall be for five (5) years from the
effective date of this MOU.
5. Operational Costs. Any costs incurred by FHFD to implement this MOU shall be
borne by the FHFD.
6. Fees. FHFD may collect such fees as permitted by its political subdivision. Any
funds collected by the FHFD to implement this MOU are made under the
authority granted to that jurisdiction and are not subject to attachment by OSFM.
7. Collaborative Services. Jurisdictions who enter into the MOU with OSFM may
contract with local or county building departments for the purposes of:
1. Conducting review of plans and specifications for new
construction, remodeling, alterations and additions.
2. Permitting for inspection.
3. Establishing a fee schedule, and collecting fees.
4. Review of plans by local or county building departments, in
conjunction with this MOU, shall be conducted by personnel who
have exhibited the necessary proficiency in the understanding,
interpretation and application of the Fire Code.
FHFD shall notify OSFM and provide documentation describing shared services,
if any.
FHFD and local or county building departments shall be subject to periodic
audits, with advance notice.
8. Quarterly Reporting. The FHFD agrees to submit quarterly activity reports to
OSFM, on a quarterly basis, but not later than April 30 for the 1st Quarter
3
(January – March), July 31 for the 2nd Quarter (April – June), October 31 for 3rd
Quarter (July – September), and January 31 for 4th Quarter (October – December).
1. Quarterly activity reports shall contain a list of review of plans and
specifications for new construction, remodeling, alterations and
additions, fees collected, and inspections in conjunction therewith
for state, county and public school buildings and grounds.
9. Report Submission Format. In the course of completing its review or inspection,
the FHFD shall transmit the information electronically to OSFM. Reporting forms
and instructions will be provided by OSFM.
10. Audit. Pursuant to A.R.S. §§ 35-214 and 35-215, all books, accounts, reports, files
and other records relating to this MOU shall be subject at all reasonable times to
inspection and audit by OSFM for five (5) years after completion of this MOU.
Such records shall be provided at OSFM, or such office as the parties hereto may
mutually agree within a reasonable time after request.
11. Termination. Either party may terminate this MOU pursuant to the provisions of
A.R.S. §38-511.
12. Dispute. In the event of any dispute between the parties under this MOU, the
parties agree that they shall submit the dispute to arbitration pursuant to A.R.S. §§
12-133 (D) and 12-1518. The parties also agree to comply with the Arizona
Governor’s Executive Order No. 2009-09.
13. Conflict of Interest. The parties acknowledge that this MOU is subject to
cancellation by the Governor of Arizona pursuant to A.R.S. § 38-511, the
provisions of which are incorporated herein.
14. Governing Law and Venue. This MOU shall be governed by and interpreted in
accordance with the laws of the State of Arizona. The exclusive venue for any
litigation, arbitration, administrative hearing or the like concerning this agreement
or any matter arising therefrom shall be in Maricopa County, State of Arizona.
15. Unavailability of Funding. Every payment or financial obligation of the parties
under this MOU is conditioned upon the availability of funds appropriated or
allocated for the payment of such obligation. If funds are not allocated and
available for the continuance of this MOU, this MOU may be terminated by any
party at the end of the period for which finds are available. No liability shall
accrue to any party in the event this provision is exercised, and neither, the OSFM
or Agency shall be obligated or liable for, any future payments nor for any
damages as a result of termination under this paragraph.
16. Prohibited Investments. To the extent applicable, the parties agree to comply with
the requirements of A.R.S. §§35-391.06(A) and 35-393.06(B), and certifies that it
does not have any prohibited scrutinized business operations.
4
17. Non-Discrimination. The parties agree to comply with all applicable federal or
state laws relating to equal opportunity and non-discrimination.
18. Legal Arizona Workers Act. OSFM and FHFD are each required to comply with
A.R.S. §41-4401, and each hereby warrants that it will, at all times during the
term of this Agreement, comply with all federal immigration laws applicable to
the employment of their respective employees, the requirements of A.R.S. §41-
4401, and with the e-verification requirements of A.R.S. §23-214(A) (together the
“state and federal immigration laws”). Both parties further agree to ensure that
each subcontractor that performs any work under this Agreement likewise
complies with the state and federal immigration laws.
A breach of a warranty regarding compliance with the state and federal
immigration laws shall be deemed a material breach of the Agreement and the
party who breaches may be subject to penalties up to and including termination of
the Agreement.
Both parties retain the legal right to inspect the papers of any contractor or
subcontract employee working under the terms of the Agreement to ensure that
the other party is complying with the warranties regarding compliance with the
state and federal immigration laws.
ARIZONA STATE FIRE MARSHAL
_____________________________________________ _______________________
Robert Barger, Arizona State Fire Marshal Effective Date
Office of State Fire Marshal
1110 W. Washington, Suite 100
Phoenix, Arizona 85007
(602) 364-1081
robert.barger@dfbls.az.gov
FOUNTAIN HILLS FIRE DEPARTMENT
_____________________________________________ _______________________
Scott LaGreca Date Signed
Fountain Hills Fire Department
16705 E. Avenue of the Fountains
Fountain Hills, Arizona 85268
(480) 837-9820
slagreca@fh.az.gov
1
AGREEMENT BETWEEN
THE GREATER PHOENIX ECONOMIC COUNCIL
AND THE TOWN OF FOUNTAIN HILLS
Town Contract No. ____________
The Town Council of the TOWN OF FOUNTAIN HILLS, a municipal corporation (the “Town”),
has approved participation in and support of the regional economic development program of the
GREATER PHOENIX ECONOMIC COUNCIL (“GPEC”), an Arizona non-profit corporation. The
purpose of this agreement (“Agreement”) is to set forth the regional economic development program that
GPEC agrees to undertake, the support that the Town agrees to provide, the respective roles of GPEC and
the Town and the payments of the Town to GPEC for the fiscal year July 1, 2013 - June 30, 2014.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the TOWN and
GPEC agree as follows:
I. RESPONSIBILITIES OF GPEC
A. MISSION: GPEC works to attract quality businesses to the Greater Phoenix Region from
around the world, and advocate and champion foundational effects to improve the region's
competitiveness.
B. GOALS: GPEC is guided by and strategically focused on two specific long-range goals:
1. Marketing the region to generate qualified business/industry prospects in targeted
economic clusters
2. Leveraging public and private allies and resources to locate qualified prospects,
improve overall competitiveness, and sustain organizational vitality
C. RETENTION AND EXPANSION POLICY:
1. GPEC’s primary role is image building, marketing and new business attraction for
the Greater Phoenix region.
2. Retention and expansion of existing businesses is primarily a local issue.
3. GPEC can add value to retention and expansion of existing businesses through
regional support and research on key retention and expansion projects.
4. GPEC has a responsibility to advise the Town when an existing company contacts
GPEC regarding a retention or expansion issue.
D. ACTION PLAN AND BUDGET: In accordance with the Mission, Goals and Retention
and Expansion Policy set forth above and subject to the availability of adequate funding;
GPEC shall implement the Action Plan and Budget adopted by GPEC's Board of Directors,
a copy of which has been delivered to the Town, receipt of which is hereby acknowledged.
A summary of the Action Plan is attached hereto as Exhibit A (“GPEC Action Plan”). The
Town shall be informed of any changes in the adopted GPEC Action Plan which will
2
materially affect or alter the priorities established therein. Such notification will be in
writing and will be made prior to implementation of such changes.
Notwithstanding the foregoing, the Town acknowledges and agrees that GPEC
may, in its reasonable judgment in accordance with its own practices and procedures,
substitute, change, reschedule, cancel or defer certain events or activities described in the
GPEC Action Plan as required by a result of changing market conditions, funding
availability, unforeseen expenses or other circumstances beyond GPEC's reasonable
control. GPEC shall solicit the input of the Town on the formulation of future marketing
strategies and advertisements. The GPEC Action Plan will be revised to reflect any agreed
upon changes to the GPEC Action Plan.
E. PERFORMANCE TARGETS: Specific performance targets, established by GPEC’s
Executive Committee and Board of Directors, are attached hereto as Exhibit B (“GPEC
Performance Measures”) and shall be used to evaluate and report progress on GPEC’s
implementation of the GPEC Action Plan.
In the event of changing market conditions, funding availability, unforeseen
expenses or other circumstances beyond GPEC's reasonable control, these performance
targets may be revised with the Town’s prior written approval, or with the prior written
approval of a majority of the designated members of GPEC’s Economic Development
Directors Team (“EDDT”). GPEC will provide monthly reports to the Town discussing in
detail its progress in implementing the GPEC Action Plan as well as reporting the
numerical results for each performance measurement set forth in Exhibit B. GPEC shall
provide a copy of its annual external audit for the preceding fiscal year to the Town no
later than December 31, 2013.
In the case of any benchmark which is not met, GPEC will meet with the EDDT to
provide an explanation of the relevant factors and circumstances and discuss the approach
to be taken in order to achieve the target(s). Failure to meet a performance target will not,
by itself, constitute an event of default hereunder unless GPEC (i) fails to inform the Town
of such event or (ii) fails to meet with EDDT to present a plan for improving its
performance during the balance of the term of the Agreement, which, if GPEC fails to
comply with either step, will constitute an event of default for which the Town may
terminate this Agreement pursuant to paragraph IV.J. below.
II. RESPONSIBILITIES OF THE TOWN
A. STAFF SUPPORT OF GPEC EFFORTS: The Town shall provide staff support to
GPEC's economic development efforts as follows:
1. The Town shall respond to leads or prospects referred by GPEC in a professional
manner within the time frame specified by the lead or prospect if the Town desires
to compete and if the lead is appropriate for the Town. When available, the Town
agrees to provide its response in the format developed jointly by EDDT and GPEC;
2. The Town shall provide appropriate local hospitality, tours and briefings for
prospects visiting sites in the Town;
3
3. The Town shall provide an official economic development representative to
represent the Town on the EDDT, which advises GPEC’s President and CEO;
4. The Town shall cooperate in the implementation of GPEC/EDDT process
improvement recommendations including the use of common presentation formats,
exchange of information on prospects with GPEC's staff, the use of shared data
systems, land and building data bases and private sector real estate industry
interfaces;
5. The Town shall use its best efforts to respond to special requests by GPEC for
particularized information about the Town within three business days after the
receipt of such request;
6. In order to enable GPEC to be more sensitive to the Town's requirements, the Town
may, at its sole option, deliver to GPEC copies of any Town approved economic
development strategies, work plan, programs and evaluation criteria. GPEC shall
not disclose the same to the other participants in GPEC or their representatives;
7. The Town shall utilize its best good faith efforts to cause an economic development
professional representing the Town to attend all marketing events and other
functions to which the Town has committed itself; and
8. The Town agrees to work with GPEC to improve the Town’s Competitiveness and
market readiness to support the growth and expansion of the targeted industries as
identified for the Town in Exhibit C (“Targeted Industries).
B. RECOGNITION OF GPEC: The Town agrees to recognize GPEC as the Town's
officially designated regional economic development organization for marketing the
Greater Phoenix region.
III. ADDITIONAL AGREEMENTS OF THE PARTIES:
A. PARTICIPATION IN MARKETING EVENTS AND PROVISION OF
TECHNICAL ASSISTANCE: Representative(s) of the Town shall be entitled to
participate in GPEC's marketing events provided that such participation shall not be at
GPEC's expense. When requested and appropriate, GPEC will use its best efforts to
provide technical assistance and support to Town economic development staff for business
location prospects identified and qualified by the Town and assist the Town with
presentations to the prospect in the Town or the prospect’s corporate location.
B. COMPENSATION:
1. The Town agrees to pay $8,844.00 for services to be provided by GPEC pursuant
to the Agreement during the fiscal year ending on June 30, 2014, as set forth in this
Agreement. This amount is based on approximately $.3897 per capita, based upon
the 2012 Office of Employment and Population Statistics, Arizona Department of
Administration population estimate, which listed the Town as having a population
of 22,695. The payment by the Town may, upon the mutual and discretionary
approval of the board of directors of GPEC and the Town Council, be increased or
decreased from time to time during the term hereof in accordance with the
4
increases or decreases of general application in the per capita payments to GPEC
by other municipalities which support GPEC.
2. Funding of this Agreement shall be subject to the annual appropriations of funds
for this activity by the Town Council pursuant to the required budget process of the
Town;
3. Nothing herein shall preclude the Town from contracting separately with GPEC for
services to be provided in addition to those to be provided hereunder, upon terms
and conditions to be negotiated by the Town and GPEC; and
4. GPEC shall submit invoices for payment on a quarterly basis. The foregoing
notwithstanding, if GPEC has not provided the Town with the audit required
pursuant to paragraph I.E. above no later than December 31, 2013, no payments
shall be made hereunder until the Town receives the audit report. Invoices and
monthly activity reports, substantially in the form of Exhibit D (“Reporting
Mechanism for Contract Fulfillment”) attached hereto, are to be submitted to the
address listed under paragraph IV.P.
C. COOPERATION:
1. The parties acknowledge that GPEC is a cooperative organization effort between
GPEC and the Town. Accordingly, the Town and GPEC covenant and agree to
work together in a productive and harmonious working relationship, to cooperate in
furthering GPEC's goals for the 2013-2014 fiscal year.
2. The Town agrees to work with GPEC, as necessary or appropriate, to revise the
performance measures, and/or benchmarks, and/or goals for the FY 2014-2015
contract.
3. The Town agrees to work with GPEC during the FY2013-2014 program year to
develop a revised public sector funding plan, including a regional allocation
formula for FY2014-2015, if determined to be necessary or appropriate.
IV. GENERAL PROVISIONS:
A. COVENANT AGAINST CONTINGENT FEES: GPEC warrants that no person or
selling agent has been employed or retained to solicit or secure this contract upon an
agreement or understanding for a commission, percentage, brokerage, or contingent fee.
For a breach or violation of this warranty, the Town shall have the right to terminate this
Agreement without liability or, in its discretion, to deduct the commission, brokerage or
contingent fee from its payment to GPEC.
B. PAYMENT DEDUCTION OFFSET PROVISION: GPEC recognizes the provisions of
the Town Code of the Town of Fountain Hills which require and demand that no payment
be made to any contractor as long as there is any outstanding obligation due to the Town,
and directs that any such obligation be offset against payment due to GPEC.
5
C. ASSIGNMENT PROHIBITED: No party to this agreement may assign any right or
obligation pursuant to this Agreement. Any attempted or purported assignment of any right
or obligation pursuant to this Agreement shall be void and no effect.
D. INDEPENDENT CONTRACTOR; NO AGENCY: Nothing contained in this
Agreement creates any partnership, joint venture or agency relationship between the Town
and GPEC. At all times during the term of this Agreement, GPEC shall be an independent
contractor and shall not be an employee of Town. Town shall have the right to control
GPEC only insofar as to the results of GPEC's services rendered pursuant to this
Agreement. GPEC shall have no authority, express or implied, to act on behalf of Town in
any capacity whatsoever as an agent. GPEC shall have no authority, express or implied,
pursuant to this Agreement to bind Town to any obligation whatsoever.
E. INDEMNIFICATION AND HOLD HARMLESS: During the term of this Contract, and
to the fullest extent permitted by law, GPEC shall indemnify, defend, hold, protect and
save harmless the Town and any and all of its Councilmembers, officers and employees
for, from and against any and all actions, suits, proceedings, claims and demands, loss,
liens, costs, expense and liability of any kind and nature whatsoever, for injury to or death
of persons, or damage to property, including property owned by Town, brought, made,
filed against, imposed upon or sustained by the Town, its officers, or employees in and
arising from or attributable to or caused directly or indirectly by the negligence, wrongful
acts, omissions or from operations conducted by GPEC, its directors, officers, agents or
employees acting on behalf of GPEC and with GPEC’s knowledge and consent.
Any party entitled to indemnity shall notify GPEC in writing of the existence of
any claim, demand or other matter to which GPEC's indemnification obligations would
apply, and shall give to GPEC a reasonable opportunity to defend the same at its own
expense and with counsel reasonably satisfactory to the indemnified party.
Nothing in this Subsection E shall be deemed to provide indemnification to any
indemnified party with respect to any liabilities arising from the fraud, negligence,
omissions or willful misconduct of such indemnified party.
F. INSURANCE: GPEC shall procure and maintain for the duration of this Agreement, at
GPEC's own cost and expense, insurance against claims for injuries to persons or damages
to property which may arise from or in connection with this Agreement by GPEC, its
agents, representatives, employees or contractors, in accordance with the Insurance
Requirements set forth in Exhibit E (“Insurance Requirements”), attached hereto. The
Town acknowledges that it has received and reviewed evidence of GPEC’s insurance
coverage in effect as of the execution of this Agreement.
G. GRATUITIES: The Town may, by written notice to GPEC, terminate the right of GPEC
to proceed under this Agreement upon one (1) calendar day notice, if it is found that
gratuities in the form of entertainment, gifts, or otherwise were offered or given by GPEC,
or any agent or representative of GPEC, to any officer or employee of the Town with a
view toward securing a contract or securing favorable treatment with respect to the
awarding or amending, or the making of any determinations with respect to the
performance of such contract; provided that the existence of the facts upon which the
Town makes such findings shall be an issue and may be reviewed in any competent court.
6
In the event of such termination, the Town shall be entitled to pursue all legal and
equitable remedies against GPEC available to the Town.
H. EQUAL EMPLOYMENT OPPORTUNITY. During the performance of this
Agreement, GPEC agrees as follows:
1. GPEC will not discriminate against any employee or applicant for employment
because of race, color, religion, gender, sexual orientation, national origin, age or
disability. GPEC shall take affirmative action to ensure that applicants are
employed, and that employees are treated during employment without regard to
their race, color, religion, gender, sexual orientation, national origin, age or
disability. Such action shall include, but not be limited to, the following:
employment, upgrading, demotion or transfer, recruitment or recruitment
advertising, layoff or termination, rates of pay or other forms of compensation, and
selection for training, including apprenticeship. GPEC agrees to post in
conspicuous places, available to employees and applicants for employment, notices
setting forth the provisions of this nondiscrimination clause.
2. GPEC will, in all solicitations or advertisements for employees place by or on
behalf of GPEC, state that all qualified applicants will receive consideration for
employment without regard to race, color, religion, gender, sexual orientation,
national origin, age or disability.
3. GPEC will cause the foregoing provisions to be inserted in all subcontracts for any
work covered by this Agreement, provided that the foregoing provisions shall not
apply to Agreements or subcontracts for standard commercial supplies or new
materials.
4. Upon request by the Town, GPEC shall provide Town with information and data
concerning action taken and results obtained in regard to GPEC's Equal
Employment Opportunity efforts performed during the term of this Agreement.
Such reports shall be accomplished upon forms furnished by the Town or in such
other format as the Town shall prescribe.
I. COMPLIANCE WITH APPLICABLE FEDERAL AND STATE LAWS
REQUIRED. GPEC understands and acknowledges the applicability of the Immigration
Reform and Control Act of 1986, the Drug Free Workplace Act of 1989 and the Americans
with Disabilities Act, and agrees to comply therewith in performing under any resultant
agreement and to permit Town inspection of its records to verify such compliance.
1. GPEC warrants to the Town that, to the extent applicable under A.R.S. § 41-4401,
GPEC is in compliance with all Federal Immigration laws and regulations that
relate to its employees and with the E-Verify Program under A.R.S. § 23-214(A).
GPEC acknowledges that a breach of this warranty by GPEC or any subconsultants
providing services under this Agreement is a material breach of this Agreement
subject to penalties up to and including termination of this Agreement or any
applicable subcontract. The Town retains the legal right to inspect the papers of
any employee of GPEC or any subconsultant who works on this Agreement to
ensure compliance with this warranty.
7
2. The Town may conduct random verification of the employment records of GPEC
and any of its subconsultants who work on this Agreement to ensure compliance
with this warranty.
3. The Town will not consider GPEC or any of its subconsultants who work on this
Agreement in material breach of the foregoing warranty if GPEC and such
subconsultants establish that they have 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).
4. The provisions of this Section I must be included in any contract GPEC enters into
with any and all of its subconsultants who provide services under this Agreement or
any subcontract to provide services under this Agreement. As used in this Section I
“services” are defined as furnishing labor, time or effort in the State of Arizona by
a contractor or subcontractor. Services include construction or maintenance of any
structure, building or transportation facility or improvement to real property.
5. Pursuant to A.R.S. §§ 35-391.06 and 35-393-06, GPEC hereby certifies to the
Town that GPEC does not have “scrutinized” business operations, as defined in
A.R.S. §§ 35-391 and 35-393, in either Sudan or Iran.
J. TERMINATION. Town shall have the right to terminate this Agreement if GPEC shall
fail to duly perform, observe or comply with any covenant, condition or agreement on its
part under this Agreement and such failure continues for a period of 30 days (or such
shorter period as may be expressly provided herein) after the date on which written notice
requiring the failure to be remedied shall have been given to GPEC by the Town; provided,
however, that if such performance, observation or compliance requires work to be done,
action to be taken or conditions to be remedied which, by their nature, cannot reasonably
be accomplished within 30 days, no event of default shall be deemed to have occurred or to
exist if, and so long as, GPEC shall commence such action within that period and
diligently and continuously prosecute the same to completion within 90 days or such
longer period as the Town may approve in writing. The foregoing notwithstanding, in the
event of circumstances which render GPEC incapable of providing the services required to
be performed hereunder, including, but not limited to, insolvency or an award of monetary
damages against GPEC in excess of its available insurance coverage and assets, the Town
may immediately and without further notice terminate this Agreement.
K. RESPONSIBILITY FOR COMPLIANCE WITH LEGAL REQUIREMENTS.
GPEC's performance hereunder shall be in material compliance with all applicable federal,
state and local health, environmental, and safety laws, regulations, standards, and
ordinances in effect during the performance of this Agreement.
L. INSTITUTION OF LEGAL ACTIONS. Any legal actions instituted pursuant to this
Agreement must be filed in the county of Maricopa, State of Arizona, or in the Federal
District Court in the District of Arizona. In any legal action, the prevailing party in such
action will be entitled to reimbursement by the other party for all costs and expenses of
such action, including reasonable attorneys' fees as may be fixed by the Court.
M. APPLICABLE LAW. Any and all disputes arising under any Agreement to be awarded
hereunder or out of the proposals herein called for, which cannot be administratively
8
resolved, shall be tried according to the laws of the State of Arizona, and GPEC shall agree
that the venue for any such action shall be in the State of Arizona.
N. CONTINUATION DURING DISPUTES. GPEC agrees that, notwithstanding the
existence of any dispute between the parties, each party shall continue to perform the
obligations required of it during the continuation of any such dispute, unless enjoined or
prohibited by an Arizona court of competent jurisdiction.
O. TOWN REVIEW OF GPEC RECORDS. GPEC must keep all Agreement records
separate and make them available for audit by Town personnel upon request.
P. NOTICES. Any notice, consent or other communication required or permitted under this
Agreement shall be in writing and shall be deemed received at the time it is personally
delivered, on the day it is sent by facsimile transmission, on the second day after its deposit
with any commercial air courier or express service or, if mailed, three (3) days after the
notice is deposited in the United States mail addressed as follows:
If to Town: Mr. Kenneth W. Buchanan
Town Manager
Town of Fountain Hills
16705 East Avenue of the Fountains
Fountain Hills, Arizona 85268
Phone: (480) 816-5107
Fax: (480) 837-3145
If to GPEC: Barry Broome
President and Chief Executive Officer
Greater Phoenix Economic Council
Two North Central Avenue, Suite 2500
Phoenix, Arizona 85004-4469
Phone: (602) 256-7700
Fax: (602) 256-7744
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 to receive
notice by notifying the other party as provided in this paragraph.
Q. TRANSACTIONAL CONFLICT OF INTEREST. All parties hereto acknowledge that
this Agreement is subject to cancellation by the Town pursuant to the provisions of Section
38-511, Arizona Revised Statutes.
R. NONLIABILITY OF OFFICIALS AND EMPLOYEES. No member, official or
employee of the Town will be personally liable to GPEC, or any successor in interest, in
the event of any default or breach by the Town or for any amount which may become due
to GPEC or successor, or on any obligation under the terms of this Agreement. No
member, official or employee of GPEC will be personally liable to the Town, or any
successor in interest, in the event of any default or breach by the GPEC or for any amount
which may become due to the Town or successor, or on any obligation under the terms of
this Agreement.
9
S. NO WAIVER. Except as otherwise expressly provided in this Agreement, any failure or
delay by any party in asserting any of its rights or remedies as to any default, will not
operate as a waiver of any default, or of any such rights or remedies, or deprive any such
party of its right to institute and maintain any actions or proceedings which it may deem
necessary to protect, assert or enforce any such rights or remedies.
T. SEVERABILITY. If any provision of this Agreement shall be found invalid or
unenforceable by a court of competent jurisdiction, the remaining provisions of this
Agreement will not be affected thereby and shall be valid and enforceable to the fullest
extent permitted by law, provided that the fundamental purposes of this Agreement are not
defeated by such severability.
U. CAPTIONS. The captions contained in this Agreement are merely a reference and are not
to be used to construe or limit the text.
V. NO THIRD PARTY BENEFICIARIES. No creditor of either party or other individual
or entity shall have any rights, whether as a third-party beneficiary or otherwise, by reason
of any provision of this Agreement.
W. ENTIRE AGREEMENT, WAIVERS AND AMENDMENTS. This Agreement may be
executed in up to three (3) duplicate originals, each of which is deemed to be an original.
This Agreement, including ten (10) pages of text and the below-listed exhibits which are
incorporated herein by this reference, constitutes the entire understanding and agreement of
the parties.
Exhibit A – GPEC Action Plan
Exhibit B - GPEC Performance Measures
Exhibit C - Targeted Industries
Exhibit D - Reporting Mechanism for Contract Fulfillment
Exhibit E - Insurance Requirements
This Agreement integrates all of the terms and conditions mentioned herein or
incidental hereto, and supersedes all negotiations or previous agreements between the
parties with respect to all or any part of the subject matter hereof.
All waivers of the provisions of this Agreement must be in writing and signed by
the appropriate authorities of the Town or GPEC, and all amendments hereto must be in
writing and signed by the appropriate authorities of the parties hereto.
MARICOPA COUNTY
APACHE JUNCTION
AVONDALE
BUCKEYE
CASA GRANDE
CHANDLER
FOUNTAIN HILLS
GILA BEND
GILBERT
GLENDALE
GOODYEAR
MARICOPA
MESA
PHOENIX
PEORIA
QUEEN CREEK
SCOTTSDALE
SURPRISE
TEMPE
TOLLESON
MEMBER COMMUNITIES
Renewable
Energy
Manufacturing
& Logistics
Biomedical/
Personalized
Medicine
Mission
Critical
Advanced
Business
Services
Aerospace
& Aviation
Emerging
Tech
WICKENBURG
YOUNGTOWN
CENTER
OF GRAVITY
FY2014 ACTION PLAN
EXHIBIT A
4 GPEC Stakeholders
6 FY14 Metrics
7 FY14 Budget
8 Business Development
10 Competitveness
12 Marketing and Communications
13 Stakeholder Engagement: Paving the Way
FY13 MILESTONES
Momentum gained in the last year—select
achievements and key benchmarks
FY14 ACTION ITEMS
Sample of activities that adhere to a five-year
vision and result in progress
DRIVES THESE FY14 METRICS
Shows relationship between action items and
annual performance goals
WHAT TO EXPECT IN THE FOLLOWING PAGES
2
GPEC MISSION
Attract quality businesses to the Greater Phoenix region from around the
world, and advocate and champion foundational efforts to improve the
region’s competitiveness.
Strategic Pillar
Market Intelligence
Next Generation
Attraction
International
Regional Brand
GPEC Brand
Capital Markets /
Venture Formation
By 2016
GPEC’s market intelligence model will be best-in-class.
GPEC will elevate Greater Phoenix as a leading center of
emerging technologies.
GPEC will maintain its reputation as a credible, respectable and
“go to” organization.
GPEC’s foreign direct investment approach will be a national
best practice.
GPEC will successfully define Greater Phoenix as a region that
is forward-thinking, innovative and business-friendly.
GPEC will be the nation’s premier agency and leader in the
economic development realm. In Arizona, GPEC will be the
principal leadership organization.
GPEC will develop a science and technology-based fund that will
drive regional innovation activity.
3
EXECUTIVE SUMMARY AND
FIVE-YEAR STRATEGIC PLAN OVERVIEW
CENTER OF GRAVITY
One of GPEC’s most unique and differentiating traits is our ability to convene public and private-sector
leaders around the same table to develop and implement strategies that will transform Greater Phoenix’s
economic landscape. At GPEC, aspirations of greatness are shared, common ground is found and
collectively stood upon, and risks are taken together. In the natural ebb and flow of business and economic
cycles, GPEC remains a constant force, striving to outperform other markets for investment, serving our
communities through job creation and championing a marked change in the state and region’s competitive
position. Your leadership, support and participation have made GPEC a center of gravity.
As GPEC approaches our 25th year as the region’s economic development authority, we
are resolute in our endeavors to maintaining and celebrating a model that has proven its
effectiveness time and again.
VISION AND PROGRESS
As approved by GPEC’s Board of Directors in FY11, these strategic pillars will guide the organization’s fiscal
year activities, and by 2016, lead to the following vision statements:
4
Alliance Bank of Arizona
APS
Arizona Cardinals
Arizona Diamondbacks
Arizona Republic/
Gannett Foundation
Arizona State University
Bank of America
Banner Health
BBVA Compass
Chase
Cox Communications
D.L. Withers Construction
Dignity Health
DMB Associates
Ernst & Young
Freeport McMoRan
Copper & Gold Inc.
Henry & Horne
Hines
Intel Corporation
Job Brokers Inc.
Kitchell
Maracay Homes
Maricopa Community
Colleges
Mayo Clinic
Meritage Homes
MidFirst Bank
PetSmart
Phoenix Suns
Polsinelli PC
Power One
Republic Services
SCF Arizona
Squire Sanders
SRP
University of Phoenix
US Airways
Verizon Wireless
Walmart
Waste Management
Wells Fargo
A1A Vista Tech
AAA Arizona
Abengoa/Abacus
Aetna
Arizona Business Bank
Avnet
BDO
BMO Harris Bank
BlueCross BlueShield of
Arizona
Cancer Treatment Centers
of America
Cassidy Turley/BRE Com-
mercial
Carlyle Development-
MetroCenter
CBIZ MHM
CBRE
CCS Presentation Systems
Celgene Corporation
Central AZ Commerce Park,
LLC
CenturyLink
Coe & Van Loo
Consultants, Inc.
Colliers International
Cushman & Wakefield
Deloitte
Deutsch Architecture Group
Digital Realty Trust
El Dorado Holdings
Empire Southwest
Gammage & Burnham
Gilbane Building Co.
Green Loop Solutions
Greenberg Traurig
Hensel Phelps
Hensley
Howard S. Wright
JE Dunn Construction
Jones Lang LaSalle
Keyser
Layton Construction
Lee and Associates
Lewis & Roca LLP
Macerich
The McShane Companies
Mortenson Construction
National Bank of Arizona
Nationwide Realty Investors
Okland Construction
Phoenix Children’s Hospital
Renaissance Companies
SmithGroup
Snell & Wilmer LLP
Southwest Airlines
Stinson, Morrison, Hecker
Sun Health
Sundt Construction
Thunderbird School
of Global
Management
Total Transit
University of Arizona
Ware Malcomb
Weitz Company
Wespac Construction, Inc.
Wood, Patel &
Associates, Inc.
Maricopa County
Apache Junction
Avondale
Buckeye
Casa Grande
Chandler
Fountain Hills
Gila Bend
Gilbert
Glendale
Goodyear
Maricopa
Mesa
Phoenix
Peoria
Queen Creek
Scottsdale
Surprise
Tempe
Tolleson
Wickenburg
Youngtown
MEMBER COMMUNITIES
GPEC STAKEHOLDERS*
GOLD
PLATINUM
5
A.T. Still University
Air Products and
Chemicals, Inc.
All About People
Arizona Office Technologies
Bank of Arizona
Big D Construction
Bristol Global Mobility
Bryan Cave
Capital Commercial
Investment, Inc.
Capital Group Companies
Clark Hill PLC
Comerica Bank
CoStar Group
Dibble Engineering
DIRTT
Ellman Companies
Ensemble DevMan
of Arizona
Fennemore Craig
Fervor Creative
Golder Associates
Goodmans Interior
Structures
GPE Commercial Advisors
Grant Thornton
Green Card Fund
Kelly Services
KTAR
Kutak Rock
Land Advisors Organization
Merit Partners
MSS Technologies
Mutual of Omaha
On Q Financial
Osborn Maledon
The Plaza Companies
Quarles & Brady
Queen Creek/
Landmark Companies
Rose Law Group
Southwest Gas Corporation
Sun State Builders
Target Commercial
Interiors
Tratt Properties
Ultimate Staffing Services
Univita
USAA
Volo Holdings, LLC
WealthTrust Arizona
Willmeng Construction, Inc.
Wist Office Products
The Alter Group
American Solar Electric
Applied Economics
Carefree Partners
CORE Construction
Dircks Moving & Logistics
Gallagher & Kennedy
Guided Therapy Systems
Haworth
John C. Lincoln Health
Network
McCarthy Building
Companies
Midwestern University
Newmark Grubb
Night Frank
Plant Solutions
SkySong, Scottsdale
Innovation Center
Sunstate Equipment
Company
* As of April 30, 2013
SILVER
BRONZE
6
Payroll Generated
Number of Jobs
High-wage Jobs
Average High-wage Salary
Qualified Prospects
Qualified International Prospects
Emerging Tech Assists
Reach of Editorial Placements
$194,283,011
4,597
2,407
$50,792
206
37
8
222M
$213,711,312
5,057
2,647
$56,435
227
40
10
247M
$235,082,443
5,562
2,912
$62,079
250
44
12
271M
THRESHOLD TARGET STRETCH
FY14 METRICS
7
FY14 BUDGET
JULY 1, 2012 - JUNE 30, 2013
Revenues
Public Funds
Private Funds
New Pledge Revenue
In-Kind Pledges
Special Events, Prog. & Spon.
Other
Total Revenues
Operating Expenditures
Business Attraction
Marketing
Research & Strategy
External Relations
Resource Management
Personnel
Facilities
Total Expenses
Net Loss
Less: Capital Expenditures
Amortization of Deferred Rent
Add: Depreciation
Net Cash Flows
Beginning Cash
Ending Cash
FY 2014 Budget
$ 2,095,000
2,300,000
250,000
92,000
240,000
5,000
$ 4,982,000
363,000
272,000
150,000
230,000
230,000
3,432,000
408,000
$ 5,085,000
(103,000
(10,000
(43,000
25,000
(131,000
1,726,000
$ 1,595,000
$ Change
$ (6,000
–
–
–
100,000
–
$ 94,000
6,000
32,000
24,000
(3,000
(3,000
114,000
(9,000
$ 161,000
(67,000
30,000
(3,000
(15,000
(55,000
(76,000
$ (131,000
FY 2013 Budget
$ 2,101,000
2,300,000
250,000
92,000
140,000
5,000
$ 4,888,000
357,000
240,000
126,000
233,000
233,000
3,318,000
417,000
$ 4,924,000
(36,000
(40,000
(40,000
40,000
(76,000
1,802,000
$ 1,726,000
% of Total
42.8%
46.9%
5.1%
1.9%
3.1%
0.2%
100%
7.3%
4.9%
2.6%
4.7%
4.7%
67.6%
9.1%
101%
(0.8%
(0.8%
0.5%
% of Total
42.1%
46.2%
5.0%
1.8%
4.8%
0.1%
100%
7.3%
5.5%
3.0%
4.6%
4.6%
68.9%
8.2%
102.1%
(0.2%
(0.9%
0.5%
Change
(.3%
71.4%
1.9%
1.7%
13.3%
19%
(1.3%
(1.3%
3.4%
2.2%
3.3%
186.1%
(75.0%
7.5%
(37.5%
(7.6%
(1) Some reclassifications have been made in the current year
FY12-13 Forecast
$ 2,101,000
2,300,000
250,000
92,000
152,000
12,000
$ 4,907,000
357,000
240,000
126,000
233,000
233,000
3,318,000
448,000
4,955,000
(48,000
(40,000
(40,000
25,000
(103,000
1,802,000
$ 1,699,000
))))
))
))))))
))
)
))))
)
)
)
))
))
)
)
)
)
)
))
FY13
MILESTONES
8
FY14 ACTION ITEMS
Scale California Initiative
Substantial interest in GPEC’s California 100 campaign has
translated to more than two dozen companies evaluating Greater
Phoenix. As GPEC looks to convert these prospects to locates,
we will deploy more resources to California markets and articulate
Arizona’s business case to executives seeking to leave or expand
out of the state.
Mine Opportunities in Chicago
GPEC will expand current efforts in Chicago, increasing our
presence and outreach to the market that many Arizonans
formerly called home. We will study market similarities
and juxtapose those areas in which Greater Phoenix has a
solid advantage. GPEC will also recalibrate our messaging,
historically designed for site-selectors, and cast a more refined
communications net targeted at executives.
Size Up the Competition
GPEC will broaden its normal business development travel to
include trips that delve into better understanding industries in the
competitor markets of Austin, Salt Lake City, Las Vegas, Dallas
and Denver. Austin, for example, has a storied past in technology
yet continues to surface in rankings and maintain its reputation
as an innovative city. Visits with market experts and research due
diligence will help GPEC identify how Greater Phoenix stacks up.
California Dreamin’
Capitalized on CA’s increase on
personal income taxes by targeting
CEOs with a CA 50 campaign. The
result? A tremendous immediate
response – more than 60 calls within
the first week – so the campaign was
extended to 100 CEOs of qualified
companies. GPEC is currently working
with approximately 35 CA CEOs who
are at the helm of companies ranging
in size from 300 to 10,000 employees
and represent industries like financial
services, manufacturing, life sciences
and technology.
Mining Emerging Tech
Opportunities
Still in its infancy stage, GPEC is
further developing a system to
uncover and pursue emerging tech
firms that have a viable funding
source. Early identification of these
enterprises during the capital infusion
process, will afford GPEC the chance
to grow technologies within the
region’s innovation ecosystem.
Strong Deal Flow
Through April, GPEC has delivered on
several business development metrics
including number of jobs, high-
wage jobs and average high-wage
salary. Year-end projections suggest
GPEC will finish strong—among
one of the organization’s top five job
performances in the last decade.
BUSINESS DEVELOPMENT
Create and maintain high-quality jobs and investment
through targeted, direct selling
Proactively pursue the best projects that meet community
and regional objectives
DRIVES THESE
FY14 METRICS
9
Enhance Approach in China and Launch New
International Markets
First introduced as the China Z Corridor Strategy, the China-
Arizona Alliance has resulted in effective connections to
companies and multipliers in Shanghai and its surrounding
cities, which boasts the largest concentration of industries in
China. The Alliance comprises Arizona Commerce Authority,
Arizona State University, Tucson Regional Economic
Opportunities and GreenCardFund. GPEC will continue to
develop these relationships through a series of investment
forums on doing business in Greater Phoenix, not only
in China but also in other foreign markets within Western
Europe and Western and Eastern Canada.
• Pipeline of qualified prospects
• Total number of jobs created
• Number of high-wage jobs
created
• Average high-wage salary
• Payroll generated
• Stakeholder satisfaction with
business attraction
FY13
MILESTONES
10
FY14 ACTION ITEMS
Advance the Market Intelligence Program
Following the rollout of our findings from the aerospace and
defense analysis and pre-sequestration report, GPEC will continue
monitoring this industry to assess the impact from sequestration.
GPEC will also expand the market intelligence program to
researching information communications technology (ICT). An
in-depth look at the region’s ICT assets and overall evaluation
of industry trends will equip our communities with intelligence
beneficial to their respective retention efforts.
Implement a Regional Science and Technology Initiative
Building on the work from FY13, GPEC will coalesce business and
community leaders to execute an economic growth plan designed
to transform Greater Phoenix into a knowledge-driven economy.
The purpose of the initiative is to lead the nation and the world
in new technologies and innovation, and ultimately increase
the region’s prospects for greater prosperity and economic
sustainability.
Champion Shifts in Arizona’s Competitiveness
GPEC will continue the quest for number one in the Mountain
West, and seek the passage of a property tax reclassification tool
at the Arizona legislature. Designed to attract export industries,
which drive economic growth, this performance-based program
will improve GPEC’s ability to compete for investments and quality
job creation.
The State of an Industry
Released findings from a pre-
sequestration study that analyzed 114
of the region’s most at-risk aerospace
and defense companies. GPEC’s
market intelligence program on this
effort received widespread praise
among federal officials in Washington,
D.C. and could serve as a future
national model.
Unprecedented D.C. Mission
Record participation from more
than 60 civic and business leaders,
noteworthy attendance from Arizona’s
congressional delegation and a
first-ever national panel discussion
on immigration uniquely defined
the 2013 Executive Mission to
Washington, D.C. GPEC organized 44
key meetings over the course of three
days.
Having the Innovation
Conversation
Outcomes from the work of GPEC’s
Innovation Council included the
launch of industry roundtables,
which focused on education IT and
healthcare IT, bringing increased
attention to emerging technology
clusters in the region.
COMPETITIVENESS
Guide new, strategic business opportunities through
geographic and industry trend analyses
Evaluate targeted, sound economic development programs
that enhance regional and state competitiveness
DRIVES THESE
FY14 METRICS
11
Uphold a Compelling Research Model
Over the last several years, GPEC has earned a reputation
for our ability to deliver valuable research and analyses
to prospective companies, policymakers and business
leaders. GPEC will apply our competency in evaluating and
translating sophisticated research to increasingly important
subjects like education, workforce and emerging industries.
• Pipeline of qualified prospects
• Average high-wage salary
• Emerging technology assists
• Competitive position progress
FY13
MILESTONES
12
FY14 ACTION ITEMS
Build Upon Success in California
An aggressive marketing campaign to lure executives from the
Golden state resulted in a highly successful series of media
stories about the region and an abundance of new California
prospects. GPEC will follow this move with new tactics that
include leveraging the support of partners to position the
region’s brand through digital, print and display mediums across
California, as well as a continued media strategy to leverage
ongoing opportunities.
Bridge the Region to International Markets
More so than in years past, GPEC will focus on implementing
an international marketing campaign that includes increasing
awareness for Greater Phoenix and our market offerings. We’ll
also strengthen ties with Washington, D.C.-based agencies that
serve as points of entry for foreign companies, thereby gaining
more immediate visibility among firms seeking to invest in the U.S.
Go Bigger in Chicago
GPEC will complement business development activity in
Chicago with a more direct campaign targeting executives in
the Windy City. Through electronic marketing and a potential,
strategic media buy, GPEC will hone in on differentiating market
characteristics and promote the benefits of doing business in
Greater Phoenix.
Incredible PR
Capitalized on key national and
international themes, which led to an
extraordinary 674-plus million media
impressions. PR efforts surrounding
the International Trade Commission
hearing on solar tariffs in China,
GPEC’s CA 100 campaign in response
to Prop 30, and the Arizona Talks
Immigration panel in Washington, D.C.
resulted in solid media placement for
GPEC.
An International First
Created a first-ever international
guide to doing business for foreign
companies seeking to invest in the
U.S. This comprehensive toolkit,
compiled by some of the region’s top
experts, is available in print and online
in English, Chinese and Spanish at
www.gpec.org/toolkit.
Striking Gold in the
Golden State
Immediately followed passage of CA’s
Prop 30, which significantly increased
personal tax rates on incomes over
$250,000, with a CA 50 campaign
targeted at CEOs. GPEC deployed
PR, print advertising, email marketing
and social media to promote the
campaign, offering 50 qualified CA
execs a first-rate market overview to
evaluate the region for relocation and
expansion opportunities. After non-
stop calls within the first week, the
campaign was extended to the first
100 qualified CEOs showing interest.
MARKETING & COMMUNICATIONS
Market and promote region’s strengths and assets in
new markets using non-traditional tools
Continue to position GPEC as a reliable resource for
stakeholders, policy-makers, citizens and media on key
economic development issues
DRIVES THESE
FY14 METRICS
13
Maintain a High Profile
Media placement for the region and GPEC has been off
the charts thanks to more calculated, relevant positions
on foreign direct investment (ie, trade and investment with
China) and taxes (ie, California’s Proposition 30). GPEC
will continue to pursue national and international media by
developing progressive, fact-based storylines that serve to
improve the state and region’s brand in outside markets.
Recapture the Conversation
GPEC will explore the revival of our “Convening the
Community” series in support of our efforts to implement
a regional science and technology initiative. In 2009, these
town-hall type forums drew 800-plus attendees and 12,000
television viewers to an important dialogue on the region and
state’s competitiveness.
• Pipeline of qualified prospects
• Pipeline of international prospects
• Total reach of editorial
placements
Board of Directors
Provides effective oversight of the organization and helps shape GPEC’s influence as a regional thought leader.
Executive Committee
Acts on behalf of the Board of Directors, advising on strategic direction and overall performance of annual goals.
Board-Level Committees
« Performance Committee
Evaluates the performance of the organization and the President & CEO.
« Nominating Committee
Serves to nominate the At-Large Directors and Board officers.
« Audit Committee
Assesses internal controls and oversees auditors and the annual audit.
« Finance Committee
Sets financial objectives for the organization and recommends the annual budgets as part of the
Action Plan.
STAKEHOLDER ENGAGEMENT
The active involvement by GPEC stakeholders carves a path for our region to become world-class
and extraordinary. Stakeholder support enables GPEC to pursue economic opportunities while
allowing investors to participate in key economic development activities.
GOVERNANCE
14
The collective professional expertise of GPEC’s councils
and advisory groups helps shape the organization’s key
initiatives, leverages connections to further business
development and competitiveness efforts, and supports
implementation of programs.
Community Building Consortium*
Applies collective commercial real estate experience to help
capture business development opportunities and increase
the region’s transactional capabilities.
Economic Development Directors Team
Advises CEO and staff on local economic development
trends, offers insight on pulse of city/town council and
partners with GPEC to finalize location decisions.
Education Council* (under consideration)
Reviews current workforce skills gaps, supports the
advancement of a science and technology initiative and
identifies education-to-career path solutions.
GPEC Next Leadership Council*
Ensures the organization operates in a model that is
innovative, integrated and proactive.
Healthcare Leadership Council*
Works to advance a healthcare initiative for the region
and establish Greater Phoenix as a center of excellence
anchored by innovative assets and world-class leadership.
Innovation Council*
Leverages the region’s expanding innovation ecosystem
in an effort to foster growth in emerging industries and
ultimately diversity the economy.
International Leadership Council*
Advises on the direction and implementation of GPEC’s
foreign direct investment efforts, and provides guidance to
increase program impacts.
Marketing Committee*
Offers guidance on the development of regional branding,
and GPEC’s marketing and media efforts in support of our
core mission.
Mayors Council
Convenes mayors of GPEC’s municipalities for regular
updates on strategic initiatives.
At the foundation of GPEC’s
engagement activity are
Ambassadors, whose broad range
of professional backgrounds
lend critical assistance to regional
business-climate improvement and
business development efforts.
Ambassadors
Help communicate, educate and
inform stakeholders, policy-makers,
citizens and media about key regional
economic development issues.
Certified Ambassadors
A qualifying program for
Ambassadors who serve as an
extension of the GPEC team and
are given unique opportunities to
interface more closely with GPEC’s
staff and board on program initiatives
and mission-critical efforts.
Ambassador Steering Committee
Advises on strategic direction of
Ambassadors Program; design
activities relevant to and in support of
GPEC’s mission; serve as a sounding
board for emerging initiatives and
support implementation of programs.
* Eligibility determined by investment
level or strategic appointment
LEADERSHIP COUNCILS AND
ADVISORY GROUPS
AMBASSADORS
15
2 N. Central Ave., Suite 2500, Phoenix, AZ 85004
Phone: 602.256.7700 | Fax: 602.256.7744 | www.gpec.org
Like a whirl of shiny flakes sparkling in a snow globe, Hubble caught this glimpse of many hundreds
of thousands of stars moving about in the globular cluster M13, one of the brightest and best-
known globular clusters in the northern sky. These stars are packed so closely together in a ball,
approximately 150 light-years across, that they will spend their entire lives whirling around in the
cluster. Near the core of this cluster, the density of stars is about a hundred times greater than the
density in the neighborhood of our sun.
@gpec gpecgreaterphoenixgreater phoenix economic
council (groups)facebook.com/gpec4jobs
EXHIBIT B
GPEC PERFORMANCE MEASURES
FY 2013-2014
Specific performance targets as established by the GPEC Executive Committee and
Board of Directors:
1. Payroll Generated $194.3M
2. Total Number of Jobs Created 4,597
3. Total Number of High-Wage Jobs 2,407
4. Average High-Wage Salary $50,792
5. Emerging Tech Assists 8
6. Number of Qualified Prospects 206
7. Number of Qualified International Prospects 37
8. Total Reach of Editorial Placements/Exposures 222M
GPEC continues to target high-wage industries (Renewable Energy; Biomedical/Personalized Medicine; Advanced
Business Services; Manufacturing & Logistics; Mission Critical; Areospace & Aviation; Emerging Tech)
Page 1 of 2
EXHIBIT C
TARGETED INDUSTRIES
FY2013-2014
GPEC and our member communities have identified targeted industries on a local and regional level, incorporating
these industries into a regional economic development plan. For fiscal year 2013-2014, GPEC will continue its
emphasis on the following: Renewable Energy; Biomedical/Personalized Medicine; Advanced Business Services;
Manufacturing & Logistics; Mission Critical; Aerospace & Aviation; Emerging Tech.
Member communities will target the following:
Apache Junction
Business services; environmental technologies research and manufacturing; standard and advanced manufacturing;
regional and corporate centers; medical institutions and/or associated satellite operations; mining support facilities;
resort/tourist-oriented development; filmmaking (location shooting); expanded retail opportunities
Avondale
Advanced business services/information technology; renewable energies; Bio/medical/life sciences; manufacturing;
higher education/lifelong learning, amateur sports and tourism
Buckeye
Advanced business services; renewable energy; high tech (data center and services); environmental technology /
sustainability; standard manufacturing; medical and educational institutions; transportation/distribution; small
business/incubator; aerospace/aviation
Casa Grande
Aviation/aerospace; biosciences and sustainability; corporate/regional headquarters; healthcare and medical
services; standard manufacturing and transportation and distribution
Chandler
Advanced business services; corporate/regional headquarters, high-tech electronics and software development;
aerospace/aviation and advanced materials; biosciences and sustainability.
Fountain Hills
Advanced business services (professional, technical, and scientific services including finance and insurance);
healthcare, medical, bio-life sciences and wellness; medical and educational institutions; arts, entertainment and
recreation; retail
Gila Bend
Clean technology (manufacturing/central station generation/R&D); warehousing/transportation/distribution; military
supply chain; tourism/hospitality; standard manufacturing; agriculture/agri-biotechnology; food, fiber and natural
products; aerospace/aviation; heavy industrial
Gilbert
Corporate/regional headquarters; advanced business services; high-tech/software (R&D, data center, services); next
generation electronics (sensors, optics); aerospace and defense (satellite, FAA repair); biotechnology and life
sciences (R&D, oncology, regenerative medicine, cardiovascular science, medical device); clean technology and
renewable energy (R&D, algae, biodiesel)
Glendale
Advanced business services; aerospace and defense; education; healthcare/medical; hospitality; renewable energy;
technology
Goodyear
Advance financial/business services; high-tech electronics and software development; aerospace/aviation; advanced
materials; biosciences (treatment, medical diagnostics, research) and senior industries; food, fiber and natural
products; transportation/distribution; standard manufacturing; environmental technology; sustainability
Page 2 of 2
Maricopa (City)
High-wage employers (salaries averaging at least 125% of the median wage in Maricopa County) that generate at
least 80% of income from exporting goods and services outside the region.
Mesa
Primary Target Industries: Healthcare, Education, Aerospace/Defense and Tourism/Technology
Secondary target industries: Advanced business services; standard and advance manufacturing; regional and
corporate centers; environmental technology; research & development; bioscience; sustainability
Peoria
Advanced business services; high technology (data centers, R&D); life sciences and healthcare technologies;
advanced medical services; educational institutions; advanced and standard manufacturing; clean technologies
research and manufacturing; entertainment and tourism
Phoenix
Bio-life science; advance business services; manufacturing; sustainable industries and enterprises; high education;
world business, trade and FDI; and established/emerging enterprises
Queen Creek
Aerospace and aviation; health and wellness; arts, culture and experience; education; clean and renewable energy
and water; family/youth & children activity destinations
Scottsdale
Information technology/software; healthcare/biomedical; financial services; sports/lifestyle; solar/sustainable
industries; education
Surprise
Environmental technology; advanced medical services; biotech; education and healthcare; transportation and
distribution
Tempe
Advanced business services (financial services); high tech/software (R&D, data center and services); high-tech/next
generation electronics; aerospace R&D/aviation; bioscience (research, drug development, treatment, medical
diagnostics); corporate/regional headquarters; sustainability (environmental); advanced materials/plastics; senior
industries; clean tech, renewable energy and manufacturing
Tolleson
Aerospace and advanced materials; food, fiber and natural products; transportation/distribution; standard
manufacturing; environmental technology; sustainability
Wickenburg
Heavy industrial; standard manufacturing; transportation & distribution; rail services; food processing; mining
support facilities; renewable energy; environmental technology research & manufacturing; healthcare and medical;
educational institutions; tourism and filmmaking; expanded retail operations
Page 1 of 1
EXHIBIT D
FY 2013-2014
REPORTING MECHANISM FOR CONTRACT FULFILLMENT
Monthly Activity Report - Month, Year
BUSINESS ATTRACTION PERFORMANCE METRICS:
GPEC Progress Toward Goals
Annual Contract Actual Goal % of
Targeted Opportunities Goal YTD YTD Goal YTD
GPEC continues to target high-wage industries (advanced business services, aerospace, life sciences, renewable
energy, high-tech/IT)
KEY BUSINESS ATTRACTION ACTIVITIES AND OTHER GPEC ACTIVITIES
PAYROLL GENERATED (MILLIONS)
AVERAGE HIGH WAGE SALARY
NUMBER OF JOBS
NUMBER OF HIGH-WAGE JOBS
EMERGING TECHNOLOGY ASSISTS
QUALIFIED PROSPECTS
INTERNATIONAL PROSPECTS
TOTAL REACH OF EDITORIAL PLACEMENTS
Page 1 of 3
EXHIBIT E
INSURANCE REQUIREMENTS
The Town’s insurance requirements are minimum requirements for this Agreement
and in no way limit the indemnity covenants contained in this Agreement. The Town in
no way warrants that the minimum limits required of GPEC are sufficient to protect
GPEC from liabilities that might arise out of this Agreement for GPEC, its agents,
representatives, employees or Contractors and GPEC is free to purchase such additional
insurance as may be determined necessary.
A. Minimum Scope and Limits of Insurance. GPEC shall provide coverage at least
as broad as the categories set forth below with limits of liability in amounts
acceptable to the Town.
1. Commercial General Liability - Occurrence Form
(Form CG 0001, ed. 10/93 or any replacements thereof)
General Aggregate/ per Project
Products-Completed Operations Aggregate
Personal & Advertising Injury
Each Occurrence
Fire Damage (Any one fire)
Directors and Officers
Medical Expense (Any one person) Optional
2. Automobile Liability Any Auto or Owned, Hired and Non-Owned
Vehicles (Form CA 0001, ed. 12/93 or any replacement thereof) Combined
Single Limit Per Accident for Bodily Injury and Property Damage
3. Workers' Compensation and Employers' Liability
Workers' Compensation Statutory
Employers' Liability
B. Self-insured Retentions. Any self-insured retentions must be declared to and
approved by the Town. If not approved, the Town may request that the insurer
reduce or eliminate such self-insured retentions with respect to Town, its officers,
officials, agents, employees and volunteers.
Page 2 of 3
C. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
1. Commercial General Liability
a. The Town, its officers, officials, agents, employees and volunteers
are to be named as additional insureds with respect to liability arising out
of: activities performed by or on behalf of GPEC, including the Town's
general supervision of GPEC; products and completed operations of GPEC;
and automobiles owned, leased, hired or borrowed by GPEC.
b. GPEC's insurance shall include broad form contractual liability
coverage.
c. The Town, its officers, officials, agents, employees and volunteers
shall be additional insureds to the full limits of liability purchased by
GPEC, even if those limits of liability are in excess of those required by
this Agreement.
d. GPEC's insurance coverage shall be primary insurance with respect
to Town, its officers, officials, agents, employees and volunteers. Any
insurance or self-insurance maintained by Town, its officers, officials,
employees or volunteers shall be in excess of GPEC's insurance and shall
not contribute to it.
e. GPEC's insurance shall apply separately to each insured against
whom claim is made or suit is brought, except with respect to the limits of
the insurer's liability.
f. Coverage provided by GPEC shall not be limited to the liability
assumed under the indemnification provisions of this Agreement.
g. The policies shall contain a waiver of subrogation against Town, its
officers, officials, agents, employees and volunteers for losses arising from
work performed by GPEC for the Town.
2. Workers' Compensation and Employers' Liability Coverage. The
insurer shall agree to waive all rights of subrogation against Town, its
officers, officials, agents, employees and volunteers for any and all losses
arising from work performed by the Contractor for the Town.
D. Notice of Cancellation. Each insurance policy required by the insurance
provisions of this Agreement shall provide the required coverage and shall not be
suspended, voided, canceled by either party, reduced in coverage or in limits
except after thirty (30) days' prior written notice has been sent to Town at the
Page 3 of 3
address provided herein for the giving of notice. Such notice shall be by certified
mail, return receipt requested.
E. Acceptability of Insurers. Insurance is to be placed with insurers duly licensed
or approved unlicensed companies in the State of Arizona and with a "Best's"
rating of not less than A-:VII. Town in no way warrants that the above required
minimum insurer rating is sufficient to protect GPEC from potential insurer
insolvency.
F. Verification of Coverage. GPEC shall furnish Town with Certificates of
Insurance (ACORD form or equivalent approved by Town) and with original
endorsements effecting coverage as required by this Agreement. The certificates
and endorsements for each insurance policy are to be signed by a person
authorized by that insurer to bind coverage on its behalf. Any policy
endorsements that restrict or limit coverage shall be clearly noted on the
Certificate of Insurance.
All certificates and endorsements are to be received and approved by Town before
work commences. Each insurance policy required by this Agreement must be in
effect at or prior to commencement of work under this Agreement and remain in
effect for the duration of the project.
All certificates of insurance required by this Agreement shall be sent directly to
Town at the address and in the manner provided in this Agreement for the giving
of notice. Town's Agreement/Agreement number, GPEC's name and description
of the Agreement shall be provided on the Certificates of Insurance. Town
reserves the right to require complete certified copies of all insurance policies
required by this Agreement, at any time.
G. Approval. During the term of this Agreement, no modification may be made to
any of GPEC's insurance policies which will reduce the nature, scope or limits of
coverage which were in effect and approved by the Town prior to execution of this
Agreement.
1935798.2
ORDINANCE NO. 13-08
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN OF FOUNTAIN
HILLS SUBDIVISION ORDINANCE, ARTICLE 3 (SUBDIVISION DESIGN
PRINCIPLES AND STANDARDS) SECTION 3.08 (LOT PLANNING) BY
DELETING SUBSECTION H THEREOF, AND AMENDING THE TOWN OF
FOUNTAIN HILLS ZONING ORDINANCE, CHAPTER 5 (GENERAL
PROVISIONS) SECTION 5.03 (REDIVIDING OF RECORDED LOTS) BY
DELETING SUBSECTION B THEREOF; RELATING TO LOT SIZE
REQUIREMENTS.
WHEREAS, the Mayor and the Council of the Town of Fountain Hills (the “Town
Council”) adopted Ordinance No. 96-29, which established the Subdivision Ordinance for the
Town of Fountain Hills (the “Subdivision Ordinance”); and
WHEREAS, the Town Council adopted Ordinance No. 93-22, which adopted the Zoning
Ordinance for the Town of Fountain Hills (the “Zoning Ordinance”); and
WHEREAS, the Subdivision Ordinance and the Zoning Ordinance each contain
provisions relating to lot division which require conformance with size limitations tied to nearby
similar property (the “Lot Averaging Provisions”); and
WHEREAS, the Town Council desires to amend the Subdivision Ordinance and the
Zoning Ordinance to eliminate the Lot Averaging Provisions; and
WHEREAS, public hearings regarding this Ordinance were advertised in the
April 24, 2013 and May 1, 2013, editions of the Fountain Hills Times; and
WHEREAS, public hearings were held by the Fountain Hills Planning & Zoning
Commission on May 9 , 2013 and by the Town Council on June 6, 2013.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND 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 Subdivision Ordinance, Article 3 (Subdivision Design Principles and
Standards), Section 3.08 (Lot Planning), is hereby amended by deleting Subsection H thereof in
its entirety.
SECTION 3. The Zoning Ordinance, Chapter 5 (General Provisions), Section 5.03
(Redividing of Recorded Lots), is hereby amended by deleting Subsection B thereof in its entirety
and reserving it for future use.
1935798.2
2
SECTION 4. If any section, subsection, sentence, clause, phrase or portion of this
Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of
competent jurisdiction, such decision shall not affect the validity of the remaining portions of
this Ordinance.
SECTION 5. The Mayor, the Town Manager, the Town Clerk and the Town Attorney
are hereby authorized and directed to execute all documents and take all steps necessary to carry
out the purpose and intent of this Ordinance.
PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills,
June 6, 2013.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
Linda M. Kavanagh, Mayor Bevelyn J. Bender, Town Clerk
REVIEWED BY: APPROVED AS TO FORM:
Kenneth W. Buchanan, Town Manager Andrew J. McGuire, Town Attorney